Comprehensive Plan

Purpose of the Comprehensive Plan

The Comprehensive Plan and how it fits into the hierarchy of local regulations is often compared with the position of Florida’s Constitution at the state level. It is a document that paints in broad strokes a vision for the Town, not only as it is, but as it can be in the future. The Comprehensive Plan is made up of elements regarding state-mandated topics. Each element in turn is comprised of goals, objectives, and policies. These are then implemented via the Town’s Code of Ordinances, where detailed legal provisions give refinement and shape to that vision – similar to how the Florida Statutes relate to the State Constitution.

Evaluation & Appraisal of the Comprehensive Plan

At least every 7 years, the Comprehensive Plan must undergo an evaluation and appraisal process to determine whether the need exists to amend the Comprehensive Plan to reflect changes in state requirements since the last time the Plan was updated. At the end of that process, the Department of Economic Opportunity is to be notified of the Town’s determination. If the Town determines amendments are necessary, the Town must, within 1 year, prepare and transmit proposed amendments to the Department of Economic Opportunity.

In 2020, the Town’s Comprehensive Plan underwent the afore-described state-mandated evaluation and appraisal process. Prior to the submittal deadline, the Local Planning Agency and Town Council voted to transmit a letter to the Florida Department of Economic Opportunity to relay that no amendments were necessary to reflect changes in the requirements of Chapter 163, Part II of the Florida Statutes.

Recent History of the Comprehensive Plan

During the most recent evaluation and appraisal process, it was found that certain policies of the Comprehensive Plan were in need of update, addition, or deletion unrelated to the aforementioned requirements. The Town drafted changes to the Comprehensive Plan to eliminate redundancy, to identify goals, objectives and policies which had been fulfilled since the last update or that had become otherwise outdated and ready to be removed or amended, and to make the document more user-friendly.

On November 16, 2021, the Town Council accepted the draft on first reading, incorporating the public input garnered over the preceding summer as well as recommendations from the Local Planning Agency. The draft was submitted to the Department of Economic Opportunity and other required review agencies. A month later, the Town received recommendations for further voluntary changes from the Florida Department of Economic Opportunity and the Treasure Coast Regional Planning Council.

In January the next year, the Town Council decided to further amend the draft based on those recommendations. On April 6, 2022, the Town Council adopted the updated draft, and it was transmitted back to the Florida Department of Economic Opportunity. Approval was provided on May 11, 2022, and the updated “2021 Comprehensive Plan” became effective on June 11, 2022.

In February of 2023, the Town Council adopted Ordinance No. 2023-01, which amended the 2021 Comprehensive Plan. The chief trigger for the proposed amendments was the applicability of certain statutory requirements following action from St. Johns River Water Management District’s governing board.

That action was the 2022 approval of the Central Springs/East Coast Regional Water Supply Plan in which Indian River County, including Orchid, became part of a large planning area identified as a Water Resource Caution Area. The Town was then required to adopt a Water Supply Facilities Work Plan as part of its Comprehensive Plan.

Town staff worked closely with St. Johns River Water Management District and the Indian River County Utilities Department in drafting the Water Supply Facilities Work Plan and composing amendments to the 2021 Comprehensive Plan. These were reviewed by the Local Planning Agency as well as the Town Council prior to their adoption with Ordinance No. 2023-01.

Elements of the Comprehensive Plan

The buttons lead to each of the mandatory elements within the Comprehensive Plan.

1. Future Land Use Element

Goal Statement

To manage growth over 2 planning horizons (through the year 2027 and 2035) in the Town of Orchid (“Town”) in a manner which is consistent with the capabilities of the natural and man-made systems and which meets the residents’ and businesses’ social and economic needs.

Objective 1.1: Topography, Soil Conditions, & the Availability of Facilities & Services

Development orders shall not be issued unless the development is compatible with the physical constraints of the land and unless public facilities and services are available.

  • Policy 1.1.1: Residential developments within coastal high hazard areas shall meet or exceed all applicable requirements for coastal construction.
  • Policy 1.1.2: The development of residential and commercial land shall be phased in conjunction with the provision of supporting community facilities, such as streets, utilities, police and fire protection services, and emergency medical services.
  • Policy 1.1.3: Public facilities and services must meet the adopted level-of-service standards and must be available concurrent with the impacts of development as specified in the section pertaining to Maintenance of Established Levels-of-Service of the Capital Improvements Element of this plan.

Objective 1.2: Protection of Historic & Natural Resources

The Town of Orchid shall protect the natural and historic resources in the Town from the adverse impacts of development.

  • Policy 1.2.1: In accordance with Indian River County (“County”), the Florida Department of State, and the National Register of Historic Places, Jungle Trail is designated a scenic and historic roadway.
  • Policy 1.2.2: The Town has prepared an inventory of all historic, archeological, and architectural resources within the corporate limits and has found no such resources.
  • Policy 1.2.3: The Town adopted land development regulations to protect, preserve, and provide criteria for the sensitive re-use of identified resources.
  • Policy 1.2.4: Public and private development activities, located in areas where historic or archaeological artifacts are discovered, shall cease temporarily to allow for evaluation of historic significance.
  • Policy 1.2.5: The Town shall regulate development of areas which are prone to flooding and areas within the 100-year floodplain in a manner that is consistent with the regulations established by the National Flood Insurance Program.
  • Policy 1.2.6: The Town of Orchid shall regulate development of areas which are prone to flooding and areas within the 100-year floodplain in a manner that is consistent with regulations established by the National Flood Insurance Program.
  • Policy 1.2.7: In recognition of the Town’s environmentally important vegetative communities, the Town has developed and adopted criteria for the protection of a minimum of 25% of the native vegetative communities within all building lots.
  • Policy 1.2.8: Through land development regulations, the Town will require the preparation of an environmental assessment on all development proposals, with the exception of single-family residences, for all property in the Town.

Objective 1.3: Coastal Population Densities

The entire Town lies within the Coastal High Hazard Area. To effectively implement county and regional evacuation plans, the gross density of the Town has been limited.

  • Policy 1.3.1: The gross density of the Town is not and shall not be in excess of 2 dwelling units per gross acre, as measured to the centerline of adjacent roadways. The Town’s gross density shall be averaged across all properties with a residential designation on the future land use map.
  • Policy 1.3.2: The Town shall periodically review County and regional evacuation plans to ensure that the gross density of the Town, as then prevailing as well as projected, is consistent with and coordinated with such evacuation plans.

Objective 1.4: Coordinated Planning

The Town will coordinate with the resource planning and management activities of the State to ensure that all future development will be consistent with approved management plans.

  • Policy 1.4.1: On a periodic basis, the Town shall review all newly approved State management plans for applicability to local land development regulations.

Objective 1.5: Future Development Form

The Town will establish an efficient and compact land use pattern which discourages urban sprawl. All development will maintain the low-density character of the Town, while ensuring adequate land for utility facilities is available to support proposed development.

  • Policy 1.5.1: The Town hereby adopts the Future Land Use Goal, Objectives and Policies and the following maps as the basis for directing all land development regulations in the Town:
    • Master Plan
    • Existing Land Use Map
    • 2035 Future Land Use Map
    • Traffic Circulation Map
    • Recreational Facilities Map
    • Master Drainage Map
    • Floodplains Map
    • Coastal High Hazard Area Map
    • Natural Resources Map
    • Wetlands Map
    • Plants Communities Map
    • Soils Map
  • Policy 1.5.2: The Town’s Future Land Use Map contains the following land use designations:
    • Residential
    • Commercial
    • Conservation
  • Policy 1.5.3: Development in the Residential land use designation shall be limited to the following:
    • Residential uses: Single-family and Multi-family, not to exceed a gross density of 2 dwelling units/ acre as averaged across all property with a residential designation on the future land use map and as measured to the centerline of adjacent roadways;
    • Recreational Uses;
    • Country clubs and golf courses;
    • Community amenities;
    • Municipal administrative and legislative facilities; and
    • Accessory uses ancillary and related to the primary use of the property
  • Policy 1.5.4: Development in the Commercial land use designation shall be limited to the following:
    • Professional offices, retail trade, business, personal services, recreational, medical, cultural facilities, and golf course maintenance facilities.
    • Professional business offices;
    • Medical uses;
    • Personal services;
    • Retail sales;
    • Dining establishments;
    • Cultural facilities;
    • Recreational uses;
    • Country clubs and golf courses;
    • Community amenities;
    • Municipal administrative and legislative facilities;
    • Residential uses: Single-family and Multi-family not to exceed 3 dwelling units per acre;
      • Residential density within the commercial land use shall be limited to and calculated upon the portion of the property dedicated for residential purposes.
      • Residential development within the commercial land use category shall comply with the Town’s established overall gross density.
      • Commercially designated properties incorporating residential development shall be reviewed under the Planned Development standards set forth in the land development code.
    • Accessory uses ancillary and related to the primary use of the property
    • Maximum Floor Area Ratio (FAR) for development within the commercial category shall not exceed 0.50.
  • Policy 1.5.5: Land development regulations shall provide performance standards for commercial development which at a minimum address the following:
    • Land use compatibility, buffering and landscaping;
    • Access points, traffic controls and parking;
    • Signage;
    • Gross floor area, impervious surface ratios;
    • Open space;
    • Character of an area;
    • Environmental impact; and
    • Height, density and features.
  • Policy 1.5.6: Development in the Conservation land use designation shall be limited to the following:
    • Conservation;
    • Passive Recreation;
    • Accessory uses of a low impact directly serving an existing passive recreational or conservation use;
    • Or if other uses, replaced by equal land acreage re-designated as conservation land.
  • Policy 1.5.7: Institutional uses, excluding municipal administrative facilities or cultural facilities, are prohibited in the Town.
  • Policy 1.5.8: Public schools are not permitted within any land use category within the Town.
  • Policy 1.5.9: The Town’s land development regulations for the purpose of implementing the Comprehensive Plan include the following:
    • The use of land and water consistent with the Future Land Use Map and Comprehensive Plan;
    • The subdivision of land;
    • The use of areas subject to periodic flooding and the provision of adequate drainage and stormwater protection;
    • The protection of environmentally sensitive lands;
    • The regulation of signage, landscaping and other aesthetic controls;
    • The provision of safe on-site and off-site traffic circulation and adequate parking;
    • The review of all development applications to ensure that all provisions of the Comprehensive Plan are enforced.
  • Policy 1.5.10: Residential neighborhoods shall be designed to include an efficient system of internal circulation, including the provision of collector streets to direct traffic onto arterial roads.
  • Policy 1.5.11: Subdivisions shall be designed so that all individual lots have access to the internal street systems, and periphery lots are buffered from major roads and incompatible land uses.
  • Policy 1.5.12: The Town shall implement land development regulations that are consistent with St. Johns River Water Management District (“Water Management District”) drainage regulations.

Objective 1.6: Diversity of Development

The Town may provide for Planned Development regulations within the land development code.

  • Policy 1.6.1: The Land Development Regulations may permit the development of projects which require flexibility from the Land Development Regulations in order to maximize open space and conserve natural features, incorporate recreational facilities, and mixed-use projects.

Objective 1.7: Level-of-Service Standards

All future development will be consistent with the levels-of-service established in this plan for public services established in this and other elements of the Comprehensive Plan.

  • Policy 1.7.1: The development of residential and commercial land shall be phased in conjunction with the provision of supporting community facilities, such as streets, utilities, police and fire protection service, and emergency medical service.
  • Policy 1.7.2: Infrastructure and related services must meet the adopted level-of-service standard and must be available concurrent with the impacts of development .

Objective 1.8: Governmental Coordination

The Town implemented procedures to improve coordination with affected and appropriate governments and agencies to maximize their input into the development process and mitigate potential adverse impacts of future development activities.

  • Policy 1.8.1: Requests for development orders or permits shall be coordinated as appropriate with the County, affected municipalities, special districts, Treasure Coast Regional Planning Council, Water Management District, Indian River Mosquito Control District, and State and Federal agencies. Applicant shall obtain third-party approval and/or permits as requested or necessary.
  • Policy 1.8.2: The Town shall adopt, amend, and enforce land development regulations that are consistent with and implement the Comprehensive Plan within 1 year after submission of the Comprehensive Plan or amend the Comprehensive Plan pursuant to Section 163.3191, Florida Statutes.
2. Transportation Element

Goal Statement

The Town will provide adequate transportation facilities to serve the residents of the Town.

Objective 2.1: Safe Transportation System

The Town coordinates with the County and the Department of Transportation, which maintain functional responsibility for Jungle Trail, CR 510, and SR A1A, respectively, to ensure the motorized and non- motorized transportation needs of the residents of the Town are met in the safest, most efficient, and most convenient manner possible.

  • Policy 2.1.1: All development within the Town will be phased to coordinate roadway improvements necessary to maintain adopted Levels of Service with issuance of certificates of occupancy.
  • Policy 2.1.2: All internal roadway network improvements shall be designed to maintain flow of traffic consistent with the residential uses in the Town.
  • Policy 2.1.3: Land development regulations shall be amended to establish design standards that address, at a minimum, adequate signage to control and direct safe on-site and off-site vehicular movements and parking needs of motorized and non-motorized vehicles.
  • Policy 2.1.4: The Town will cooperate with and support the County in the development of a continuous pedestrian/bicycle system.

Objective 2.2: Coordinated Traffic Circulation

All land development proposals that affect the Town’s transportation system shall be reviewed for compatibility with the future land uses depicted on the Future Land Use Map.

  • Policy 2.2.1: The Town’s traffic circulation levels-of-service shall be consistent with the County, as applicable to the Town and as may be amended from time to time. When the County amends its LOS, the standards herein shall be deemed amended. For reference, the County’s (and thereby the Town’s) current levels-of-service are as follows:
    • Level of service "D" or better shall be maintained on all TRIP grant-funded roads as well as all freeway, arterial, and collector roadways with the exception of the following 2, which will operate at 20% in excess of level of service “E”:
      • 27th Avenue – South County Line to SR 60
      • 43rd Avenue – Oslo Road to 16th Street
    • Level-of-Service “D” plus 20% during peak hour, peak season, peak direction conditions on the following roads until such time that a major capacity improvement, as specified below, is constructed. At such time that the major capacity improvement is constructed, the level of service for that improved road shall be “D” during peak hour, peak season, peak direction conditions:
      • CR510 – 66th Avenue to US Highway 1 (scheduled for widening)
      • 37th Street – US Highway 1 to Indian River Boulevard (scheduled for widening or alternately mitigated by extension of Aviation Boulevard from US 1 to 37th Street)

For SIS/Florida Intrastate Highway System roadways, level of service “B” is adopted for rural areas, and level of service “C” is adopted for urban areas – as defined by the County Comprehensive Plan.

  • Policy 2.2.2: The Town shall review all development proposals to determine that connections and access points of driveways and roads to roadways are adequate and do not pose a safety hazard.
  • Policy 2.2.3: When warranted, vehicular access points to SR A1A and CR 510 will be improved with expanded intersections providing for dedicated left-turn lanes.
  • Policy 2.2.4: The Town shall review all proposed developments for consistency with the Town’s Traffic Circulation Map and impacts on the adopted level of service standards.

Objective 2.3: Plan & Program Coordination

On a periodic basis, the Town’s Transportation element shall be reviewed to ensure compatibility with the Florida Department of Transportation 5 Year Plan and the plans of neighboring jurisdictions.

  • Policy 2.3.1: The Town will coordinate with the Florida Department of Transportation and the County to implement standards for sidewalk replacement, access design, signage, drainage, and other related physical roadway development activities.
  • Policy 2.3.2: The Town will continue to participate in and support the activities of the County’s Metropolitan Planning Organization and its related sub-committees pertaining to transportation.
  • Policy 2.3.3: The Town acknowledges that it is in compliance and will continue to comply with the level of service standards for roadways. Adopted levels of service are outlined within the Capital Improvements Element and Transportation Element.

Objective 2.4: Protection of Rights-of-Way

The Town will protect needed road rights-of-way from building encroachment.

  • Policy 2.4.1: As development occurs, the Florida Department of Transportation minimum right-of-way shall be maintained for SR A1A and CR 510 within the Town.
3. Housing Element

Goal Statement

The Town of Orchid will provide an opportunity for a structurally secure, cost-effective, and environmentally sound housing supply that accommodates the needs of the existing and future residents of the Town.

Objective 3.1: Affordable Housing

Recognizing the Town has no ability to provide affordable housing within its corporate limits, the Town Council shall maintain coordination with Indian River County through active participation in the Affordable Housing Advisory Committee or other agency charged with the responsibility of providing affordable housing.

  • Policy 3.1.1: The Town Council shall designate a representative from the Town and the Town shall actively participate in County-sponsored housing programs to provide opportunities for affordable housing on a countywide basis.
  • Policy 3.1.2: The Town has reviewed and revised all codes, ordinances, regulations, policies and procedures to ensure that no exclusionary provisions exist with regard to low- and moderate-income housing.
  • Policy 3.1.3: The Town will assist in the formation of a regional Affordable Housing Task Force to study housing needs in the region.
  • Policy 3.1.4: The Town participates with Indian River County in the development of a low-cost housing demonstration program.

Objective 3.2: Maintenance Program

The Town has adopted a code enforcement program to maintain the structural and aesthetic condition of the Town’s housing stock.

  • Policy 3.2.1: The Town, through land development regulations, has adopted code enforcement regulations, which at a minimum, address the general standards and maintenance of the Town’s housing stock.
  • Policy 3.2.2: The Town employs a code enforcement officer to monitor the general condition and maintenance of the Town’s housing stock.

Objective 3: Low & Moderate Income Housing

Recognizing the Town’s inability to provide affordable housing sites within its corporate limits, the Town Council assists Indian River County through participation in the Affordable Housing Advisory Committee or other agency charged with the responsibility of providing adequate housing sites for low and moderate income families and for mobile homes.

  • Policy 3.3.1: When economically feasible, any substandard unit that may occur within the Town shall be renovated to provide an affordable housing unit.
  • Policy 3.3.2: Through membership in the Florida League of Cities, the Town will keep informed about the availability of housing subsidy programs.
  • Policy 3.3.3: The Town Council has designated a representative from the Town and the Town actively participates in County-sponsored housing programs to provide adequate housing sites for low- and moderate-income families and for mobile homes.

Objective 3.4 was deleted.

Objective 3.5: Historic Preservation

The Town shall identify and recognize any historically significant housing that may exist in the Town of Orchid.

  • Policy 3.5.1: Prior to the demolition or removal of any housing unit over 50 years old, the Town shall coordinate with the Indian River County Historical Society to determine historical significance.
  • Policy 3.5.2: Should any historically significant properties be located in the Town, the Town will assist property owners in the preparation of applications for the Historic Preservation Grants-In-Aid program administered by the Grants and Education Section of the Division of Historical Resources, Florida Department of State.

Objective 3.6: Relocation Housing

The Town will provide uniform and equitable treatment for persons and businesses displaced by Federal, State, and Local government programs.

  • Policy 3.6.1: The Town shall locate standard housing at affordable costs for persons displaced through public action, as contemplated under 421.55 FS, prior to their displacement.
  • Policy 3.6.2: Prior to the public demolition or replacement of any existing housing unit that meets minimum code, the Town will assist the homeowner in finding comparable housing facilities for displaced persons prior to their displacement.
  • Policy 3.6.3: The Town shall appoint the Town Manager to assist persons displaced through public action in finding comparable housing alternatives.
4. Infrastructure Element

Goal Statement

The Town shall ensure that adequate sanitary sewer, potable water, drainage, and solid waste facilities and services are available and correlated to future population, land use requirements, and environmental sensitivities.

Objective 4.1: Sanitary Sewer Protection of Resources

The Town shall ensure the provision, operation, and maintenance of a sanitary sewer system which protects public health and environmental resources.

  • Policy 4.1.1: If applicable, all sanitary sewer facilities shall be operated and maintained within the Town consistent with all applicable Local, State and Federal standards.
  • Policy 4.1.2: Untreated wastewater effluent shall not be discharged into drainage ditches, surface waters, or aquifers.
  • Policy 4.1.3: Package plants shall be prohibited within the Town.

Objective 4.2: Sanitary Sewer Service Concurrent With Development

Sanitary sewer facilities and capacity shall be available for all future development within the Town .

  • Policy 4.2.1: Existing on-site sewage disposal systems have been replaced with sanitary sewer facilities, and the Town requires that connections be made to sanitary sewer facilities when available. For the purposes of this policy, available shall mean service is within the limits of the Town, and there is adequate capacity to serve the structure.
  • Policy 4.2.2: All applicable impact fees or other fees shall be paid prior to connection to the sanitary sewer system.
  • Policy 4.2.3: The future sewer service area within the Town shall be all areas designated for development on the Future Land Use Map.
  • Policy 4.2.4: The Town’s sanitary sewer levels-of-service shall be consistent with the County, as applicable to the Town and as may be amended from time to time. When the County amends its LOS, the standards herein shall be deemed amended. For reference, the County’s (and thereby the Town’s) current levels-of-service are as follows:
    • 250 gallons per day per equivalent residential unit with a peak monthly flow factor of 1.25. That standard shall be utilized for determining the availability of facility capacity and the demand generated by a development.
  • Policy 4.2.5: All building permits shall be reviewed, and neither a building permit nor a Certificate of Occupancy shall be issued unless adequate sanitary sewer facility capacity is available to meet the adopted level-of-service standards or will be available prior to issuance of a Certificate of Occupancy.
  • Policy 4.2.6: The Town shall continue to coordinate with the County to maintain the adopted level-of-service for sanitary sewer.
  • Policy 4.2.7: In conjunction with the County, the Town will develop procedures to update facility demand and capacity information as development orders are issued by the Town.

Objective 4.3: Potable Water & Wastewater Service Supplier & Interlocal Agreement

The Town is authorized to enter into an interlocal agreement, as appropriate, with the County to provide potable water and sanitary sewer (wastewater) service within the Town's municipal limits. The Town will timely seek renewal of the interlocal agreement with the County to ensure that such service to the Town’s residents and businesses is maintained and uninterrupted.

  • Policy 4.3.1: The Town will maintain and update, as necessary, its interlocal agreement with the County.
  • Policy 4.3.2: The Town will provide information, as may be requested by the County, to ensure current and future service needs of the Town are met and that adopted Level of Service Standards are maintained.

Objective 4.4: Potable Water Services Concurrent With Development

The Town shall ensure that adequate potable water services are available for future development within the Town.

  • Policy 4.4.1: The Town shall coordinate with the County in the provision of potable water.
  • Policy 4.4.2: The future potable water service area within the Town shall be all areas designated for development on the Future Land Use Map.
  • Policy 4.4.3: All new and existing structures shall be required to connect to public or municipal water systems when such systems become available. For purposes of implementing this policy, become available shall mean service is within the Town limits and there is adequate capacity to serve the structure.
  • Policy 4.4.4: The Town’s levels-of-service for potable water shall be consistent with the County, as applicable to the Town and as may be amended from time to time. When the County amends its LOS, the standards herein shall be deemed amended. For reference, the County’s (and thereby the Town’s) current levels-of-service are as follows:
    • Level-of-Service Standards for Potable Water
      • Residential Unit (single and multi-family): 250 GPD
      • Commercial/Industrial: 2,500 GPD/AC
        GPD/DU: gallons per day per dwelling unit
        GPD/AC: gallons per day per gross acre
  • Policy 4.4.5: The Town shall not issue a development order or development permit until an applicant demonstrates that adequate potable water supplies and potable water facilities will be in place and available to serve the proposed development, no later than the anticipated issuance date of a certificate of occupancy or its functional equivalent.
  • Policy 4.4.6: All building permits shall be reviewed, and neither a building permit nor a Certificate of Occupancy shall be issued unless potable water capacity is available or will be available to meet the adopted level-of-service standards at the time they are needed by the development.
  • Policy 4.4.7: The Town shall continue to coordinate with the County to maintain the adopted level-of-service for potable water and, prior to approval of a building permit or its functional equivalent, the Town shall consult with the County to determine whether adequate water supplies to serve the new development will be available no later than the anticipated date of issuance by the Town of a Certificate of Occupancy or its functional equivalent.
  • Policy 4.4.8: All applicable impact fees or other fees shall be paid prior to connection to the public water system.

Objective 4.5: Water Conservation

The Town supports water conservation and reuse, including Indian River County’s and the Water Management District’s program to increase public awareness regarding water conservation and the use of potable water conservation strategies and techniques to reduce potable water usage.

  • Policy 4.5.1: The Town supports the conservation of potable water resources by utilizing the lowest quality of water required for the use intended.
  • Policy 4.5.2: The Town supports the utilization of treated wastewater effluent for golf course irrigation as soon as such effluent becomes available.
  • Policy 4.5.3: The Town supports the utilization of treated wastewater effluent for golf course, common areas, and residential irrigation when adequately treated stormwater is not available.v
  • Policy 4.5.4: The Town shall cooperate with the Water Management District during declared water shortage emergencies by conserving water resources and assisting with the enforcement of water shortage emergency declarations, orders, and plans.
  • Policy 4.5.5: The Town shall adopt and enforce the Florida Building Code, which requires low-flow plumbing fixtures.
  • Policy 4.5.6: Activity that would result in the degradation or overutilization of potable water resources shall be prohibited.
  • Policy 4.5.7: The Town shall require reuse lines to supply treated wastewater effluent for golf course irrigation.
  • Policy 4.5.8: The Town will coordinate with the Water Management District to locate any free-flowing deep wells in the Town. As development occurs, all flow wells shall be plugged, or regulatory devices will be installed to control the discharge of water from the deep water aquifer.
  • Policy 4.5.9: Potable water supplies should not be used for irrigation purposes when non-potable sources of irrigation water are available.
  • Policy 4.5.10: The Town will require all new development to connect to and utilize a master non-potable irrigation system.
  • Policy 4.5.11: In coordination with the County and the Water Management District, the Town will make available public information on water conservation techniques.

Objective 4.6: Flood Protection

Drainage facilities shall be adequate for future development.

  • Policy 4.6.1: All storm drainage facilities for new development within the Town shall be designed in accordance with requirements of the St. Johns Water Management District or the Florida Department of Environmental Protection, as appropriate.
  • Policy 4.6.2: Prior to construction approval, all new development plans shall be reviewed. Approval of a development order may be given if the development is consistent with the master drainage plan and the adopted level-of- service.
  • Policy 4.6.3: All drainage facilities shall be operated and maintained consistent with their approved design.
  • Policy 4.6.4: The Town may consider a stormwater utility, user fees, or other mechanisms, as deemed necessary and appropriate, for the design, operation, and maintenance of drainage facilities.
  • Policy 4.6.5: All developed areas within the Town shall be included within the master drainage plan.

Objective 4.7: Preservation of Natural Drainage Features

The Town has adopted the municipal Master Drainage Map that incorporates and protects the functions of the Town’s natural drainage features.

  • Policy 4.7.1: Treated stormwater shall be discharged to impounded wetlands and other transitional vegetative communities prior to eventual release to the Indian River Lagoon.
  • Policy 4.7.2: The land development regulations shall contain regulations which do not allow any activity which results in the alteration, degradation, or destruction of wetlands except where such an activity: is necessary to prevent or eliminate a public hazard; would provide public benefits which would exceed those lost as a result of the wetland’s alteration, degradation or destruction; or is water dependent; or due to the unique configuration of the site, is the unavoidable consequence of development for water-dependent uses.
  • Policy 4.7.3: Wetlands shall not be utilized for the purpose of obtaining fill.
  • Policy 4.7.4: Stormwater shall go through a “treatment train” prior to release in order to allow sediments to settle out prior to discharge to the Indian River Lagoon.

Objective 4.8: No Net Loss of Flood Storage Capacity Within the Town

  • Policy 4.8.1: Impounded wetlands shall be maintained in their current state or returned to their natural state, as appropriate, in order to provide flood storage capacity.
  • Policy 4.8.2: The Town shall continue to participate in the National Flood Insurance Program and should consider participation in that program’s Community Rating System.
  • Policy 4.8.3: All development shall be consistent with the requirements of the National Flood Insurance Program and the adopted floodplain management regulations in the Code of Ordinances.
  • Policy 4.8.4: The adopted floodplain management regulations in the Code of Ordinances shall be updated in a timely manner after changes are mandated by the Federal Emergency Management Agency (FEMA).

Objective 4.9: Solid Waste Service Concurrent With Development

The Town shall ensure that adequate solid waste collection services and disposal facilities are available for future development within the Town.

  • Policy 4.9.1: All building permits shall be reviewed, and neither building permit nor Certificate of Occupancy shall be issued unless adequate solid waste capacity is available or will be available to meet the adopted level-of-service standards at the time they are needed by the development.
  • Policy 4.9.2: The level-of-service standard for solid waste disposal shall be consistent with the County, as applicable to the Town and as may be amended from time to time. When the County amends its LOS, the standards herein shall be deemed amended. For reference, the County’s (and thereby the Town’s) current levels-of-service are as follows:
    • 2.4 tons per capita for permanent population plus weighted seasonal population per year or 4 cubic yards per permanent population plus weighted seasonal population per year.
  • Policy 4.9.3: The Town shall continue to participate in the Solid Waste Disposal District to maintain the adopted level-of-service.
  • Policy 4.9.4: The Town shall coordinate with the Solid Waste Disposal District as to solid waste impact fees, or other fees necessary to maintain the level-of- service for solid waste disposal.
  • Policy 4.9.5: The future solid waste service area within the Town shall be all areas designated for development on the Future Land Use Map.

Objective 4.10: Protection of Resources

For protection of natural resources and public health, the Town shall prohibit the unauthorized dumping of solid wastes and the disposal of hazardous waste materials within the Town.

  • Policy 4.10.1: Hazardous waste transfer and disposal facilities shall be prohibited within the Town.

Objective 4.11: Future Needs

The Town will support the County to reduce the amount of municipal solid waste being disposed of at solid waste management facilities.

  • Policy 4.11.1: The Town shall coordinate with the County in reducing the waste stream and encouraging recycling, consistent with State regulations.
  • Policy 4.11.2: The Town shall support the County in Amnesty Days and other programs relating to hazardous materials.

Objective 4.12: Protection of Water Quality

The Town shall protect any natural groundwater recharge areas identified in the Water Management District’s Groundwater Basin Resource Availability Inventory from all sources of contamination.

  • Policy 4.12.1: The Town shall enforce stormwater management and flood protection criteria in conformance with Water Management District rules to preserve natural drainage features and promote drainage retention and detention to maximize any aquifer recharge.

Objective 4.13: Urban Sprawl

The Town will participate in a coordinated mechanism, created by the County, to ensure that development in the Town does not adversely affect the adequacy of infrastructure and services in other jurisdictions.

  • Policy 4.13.1: The Town will not issue a development order unless adequate infrastructure and facility capacity to support the development exists, is programmed, or will be privately funded.

Objective 4.14: Water Supply Facilities Work Plan

The Town shall maintain a Water Supply Facilities Work Plan, as required by Florida Statutes.

  • Policy 4.14.1: The Town’s Water Supply Facilities Work Plan (2022 through 2040) is incorporated into the Comprehensive Plan as Appendix A of the Infrastructure Element.
  • Policy 4.14.2: The Town shall maintain a Water Supply Facilities Work Plan that is coordinated with the Water Management District’s Central Springs / East Coast Regional Water Supply Plan (CSEC RWSP). The Water Supply Facilities Work Plan and related Comprehensive Plan policies will be updated, as necessary, within 18 months of an update of the CSEC RWSP that affects the Town.
  • Policy 4.14.3: The Water Supply Facilities Work Plan shall identify the traditional and alternative water supply sources and projects, along with the water conservation and reuse practices, necessary to meet existing and future water demands.
  • Policy 4.14.5: The Town will participate in the development of updates to the Water Management District’s CSEC RWSP and other related initiatives facilitated by the Water Management District that affect the Town.

Infrastructure Element - Appendix A: Water Supply Facilities Work Plan 2022 Through 2040

Section 1: Introduction

In February 2022, the St. Johns River Water Management District (District) governing board approved the Central Springs/East Coast Regional Water Supply Plan (CSEC RWSP). The CSEC RWSP identifies the planning area as including all or part of Volusia, Lake, Marion, Brevard, Indian River, and Okeechobee counties. For the first time, the District identified the Central Springs/East Coast region as a Water Resource Caution Area (WRCA).

To promote consistency among local government Comprehensive Plans and the CSEC RWSP, each local government within the planning area must amend its Comprehensive Plan to adopt a Water Supply Facilities Work Plan (Work Plan). The Town of Orchid (Town), as a municipality in Indian River County, is within the WRCA. Therefore, the Town is required to adopt and maintain a Work Plan, and update the Comprehensive Plan, as necessary, to implement the Work Plan and address water supply-related legislative requirements. Policy 4.14.1 incorporates the Work Plan into the Comprehensive Plan as Appendix A of the Infrastructure Element.

Because the CSEC RWSP contains an assessment of projected water demands and potential sources of water to meet these demands through 2040, the Town’s Work Plan addresses the planning period of 2022 through 2040. At a minimum, it will be necessary to update the Work Plan prior to the end of that planning period. In addition, the Town must ensure coordination of its Comprehensive Plan with the plans of the District. Therefore, if the District updates its CSEC RWSP in a manner that affects the Town, it may be necessary to update the Work Plan during the planning period. Policy 4.14.2 ensures maintenance of the Work Plan and coordination of the Town's Comprehensive Plan with the District’s plans.

Section 2: Potable Water & Wastewater Service Supplier & Interlocal Agreement

The Town does not own or maintain a potable water or wastewater system. The Town's municipal limit is located within Indian River County's (County) potable water and wastewater service area.

The Town has an interlocal agreement with the County to provide potable water and wastewater service within the Town's municipal limit. The agreement was approved September 12, 1989, and remains in effect for 40 years (September 11, 2029). The agreement grants County the sole and exclusive right, privilege, or franchise to maintain and operate a public water and sewer system throughout the entire incorporated area of the Town in accordance with generally accepted engineering standards for the maintenance of a water and sewer system. The Town is not financially responsible for the related facilities. The Town will maintain and update, as necessary, its potable and wastewater service agreement with the County.

The Town provides information as may be requested by the County to ensure current and future needs of the Town are able to be met and adopted Level of Service Standards are maintained for potable water and wastewater service. All new development in the Town shall connect to the County’s potable water and wastewater service facilities.

Pursuant to the Infrastructure Element Objective 4.3 of the Comprehensive Plan, the Town will timely seek renewal of the interlocal agreement with the County to ensure that potable water and wastewater service to the Town’s residents and businesses is maintained and uninterrupted.

Section 3: Potable Water Sources, Demand, & Supply

To manage consumptive use of water resources, the District has established a permitting system by which water resources are allocated among permitted consumers. Presently, the County Department of Utility Services has a Consumptive Use Permit (CUP) authorized by the District on April 22, 2022 and expiring on October 11, 2031(Permit No. 10524-10). The County has 2 principal potable water sources, which are the Upper Floridan and the surficial aquifers.

Presently, the County’s potable water system receives its water supply from wells that have been installed into the Upper Floridan aquifer. Future county wells for both the south county plant and the north county plant will also tap the Upper Floridan aquifer.

With proper management, the Upper Floridan aquifer should provide a long-term, reliable water source for the County, including the Town. Nevertheless, in 2007 the County developed a local Alternative Water Supply Master Plan. According to that plan, surface water may serve as an alternative to, or as a supplement to, the Upper Floridan aquifer as the County’s future potable water supply source.

To meet current and future demand, the County has in the past implemented all potable water capital improvements identified in the County’s potable water sub-element to its Comprehensive Plan.

Water demand associated with the Town's existing and projected populations was accounted for in the County’s adopted Water Supply Facilities Work Plan and CUP. According to the US Census, the Town's population stood at 516 in 2020, and this is not projected to exceed 550 by 2040, as the Town is almost entirely built out as of 2022. The Town does not anticipate any annexations within the next 15 years that would significantly increase population or water demand. Therefore, the Town's population and water demand are anticipated to remain constant during the Work Plan's planning period.

The table below contains the CSEC RWSP’s projected population and water demand for Indian River County Utilities’ service area, which includes the Town.

Table 1. Indian River County Utilities (IRCU) Service Area Demand Projection

20202025203020352040
CSEC RWSP Population Projection119,231129,044136,440140,938141,998
CSEC RWSP Demand Projection (mgd)11.6912.6513.3713.8113.92

Section 4: Potable Water Treatment & Distribution Facilities

Potable water facilities consist of a water supply, treatment plants, storage facilities, and a distribution system. Before being used for public consumption, most water must undergo treatment, and this is true of the County’s water supply. Within the Town, potable water is provided by the County Department of Utility Services. Its treatment through a process of nanofiltration removes impurities from raw water in order to improve its quality.

Operated by the County Department of Utility Services, the county water system is the largest provider of potable water in Indian River County. This system presently consists of 2 geographic service areas (North County and South County). Although each service area has its own water plant, the system is interconnected to allow either plant to serve the service area of the other plant.

Located on the north side of 77th Street, west of 58th Avenue, the North County Water Treatment Plant began operating in 1997. That plant serves the North County service area in which the Town is located, along with the City of Sebastian and the northern portion of the North Barrier Island, as well as the unincorporated areas of Gifford, Winter Beach, Wabasso, Vero Lake Estates, and Roseland, among other areas.

The County plants treat water drawn from the North Floridan Aquifer to produce a “stable product”. The County’s potable water quality is constantly monitored and meets or exceeds safe drinking water standards.

The County is financially responsible for the facilities pertaining to its potable water treatment and distribution service. The Town does not anticipate any financial responsibility for capital improvements for potable water treatment or distribution facilities during the work plan's planning period.

Section 5. Non-potable Services & Facilities

The County provides wastewater (sewer) service within the municipal limits of the Town pursuant to the aforementioned interlocal agreement. All related facilities fall under the responsibility of the County Department of Utility Services. There are no septic tanks within the Town.

Level of Service Standards for wastewater (sewer) service are included in the Comprehensive Plan Infrastructure and Capital Improvements Elements and are consistent with the County’s (see Orchid Comprehensive Plan Policies 4.2.4 and 9.2.4).

Section 6: Water Supply Concurrency & Level of Service Standards

Although the Town is responsible for authorizing development within its municipal limits, the Town is dependent upon the County for potable water service and supply. Therefore, the Town's water supply and facility concurrency system and potable water Level of Service standards are coordinated and consistent with the requirements of the County.

The current legislative requirements for concurrency require that the Town's Comprehensive Plan and Land Development Regulations ensure that adequate water supplies and facilities are available to serve new development no later than the date on which the Town anticipates issuing a Certificate of Occupancy. In addition, the Town must include consultation with the applicable water supplier during the permit review process and prior to the approval of a building permit, to determine if adequate water supplies will be available to serve the development by the anticipated issuance date of the Certificate of Occupancy. Comprehensive plan Policies 4.4.5, 4.4.6 and 4.4.7 contain enabling language for implementing these concurrency requirements.

Level of Service Standards for potable water are included in the Comprehensive Plan Infrastructure and Capital Improvements Elements and are consistent with the County’s (see Policies 4.4.4 and 9.2.5).

Section 7: Water Conservation & Reuse Practices

Water conservation and reuse efforts are of vital importance in the reduction of potable water demand. The Town currently encourages water conservation and reuse practices, as indicated by the Comprehensive Plan, including Objective 4.5 and its supporting policies.

Annually, the Town promotes, in coordination with the District, Water Conservation Month through the adoption of a proclamation and the distribution of relevant information on its website pertaining to practical water conservation methods.

The Town promotes water conservation through the use of efficient, low-volume water irrigation systems, the incorporation of existing native vegetation into landscape designs, and the use of drought-tolerant plant materials.

Furthermore, the Town encourages the local Homeowner’s Association (which covers all residential zoning as well as conservation zoning within the Town’s boundaries) to implement responsible practices pertaining to irrigation practices of the community. Irrigation within the community is principally supplied by stormwater runoff that has undergone a treatment train and does not rely on the potable water supply. Additionally, Indian River County provides reuse water to the Town of Orchid.

In drought emergency situations, the Town cooperates with the District in its implementation of District Water Shortage Plans. In addition, the Town will coordinate with the District to identify and plug free-flowing wells, though the Town as of this time has not found any water wells within its boundaries.

Section 8: Water Source Protection Practices

Protection of water sources is important to ensure the quality and quantity of the water supply. The Town's water source protection practices include regulating the location of solid and hazardous waste materials and related facilities, regulating/requiring stormwater management of surface water discharges, requiring the use of silt screens around development project sites, and regulating development in a manner that prevents overdevelopment.

Also, industrial development is not permitted in the Town. The use of environmentally friendly golf carts is encouraged. In addition, the Town coordinates with the District to identify and plug free-flowing wells in an effort to prevent pollutants from entering the well and contaminating the local aquifer.

5. Coastal High Hazard Area Element

Goal Statement

To manage growth and reduce flood risk in the Town, to protect coastal resources, human life, and property, and limit public expenditure in the coastal high-hazard area.

Objective 5.1: Natural Resource Protection

The Town recognizes the existing natural resources and habitats of the area, and has a comprehensive management program contained herein to protect, conserve and/or enhance its wetlands, living marine resources and wildlife habitat.

  • Policy 5.1.1: Direct discharges of untreated stormwater into the Indian River Lagoon are prohibited.
  • Policy 5.1.2: The Town will provide protection to sea turtles and their nesting habitats by implementing the following measures:
    • The Town will continue to restrict beachfront artificial lighting.
    • During sea turtle nesting season, no construction, repair, restoration, alteration or maintenance projects east of the existing dune vegetation line shall occur, except for projects necessary to mitigate natural disaster occurrences, dune access projects that, if left unattended, pose a present danger to health and safety, and/or Florida Department of Environmental Protection authorized projects;
    • The Town will support State and Federal efforts to acquire coastal strand vegetative communities east of SR A1A, in conjunction with the Archie Carr National Wildlife Refuge; and
    • The Town will prohibit, through local ordinances, the operation of motorized vehicles on the primary dune and beach system except in cases of emergency, dune repair, maintenance and renourishment projects, installation of dune protection measures or as approved by the Florida Department of Environmental Protection.
  • Policy 5.1.3: Land clearing shall not be performed on any property within the Town until an approved land development permit, site plan or subdivision approval has been issued, unless land clearing approvals are not required by the land development regulations.
  • Policy 5.1.4: To limit specific and cumulative impacts of development upon wildlife habitat, the Town has developed and adopted criteria for the protection of a minimum of 25% of the native vegetative communities within the commercial and residential land use designations, except on lots or parcels of land platted for single-family residential development.
  • Policy 5.1.5: The Town will support and participate in the County’s efforts to maintain a GIS computer mapping inventory of the County, and will utilize said inventory in the evaluation and regulation of land development activities.
  • Policy 5.1.6: The Town will limit specific and cumulative impacts of development upon marine resources, specifically, aquatic vegetation over submerged lands not lying within the Pelican Island National Wildlife Refuge within the Town.
  • Policy 5.1.7: The Town will support the efforts of the Florida Department of Environmental Protection to establish slow speed zone regulations in waters of the Town, to enhance the protection of West Indian manatees and to prevent boating accidents.
  • Policy 5.1.8: The Town will support the efforts of the U.S. Fish and Wildlife Service to expand and secure the boundaries of the Pelican Island National Wildlife Refuge in the Town.
  • Policy 5.1.9: The Town has established regulations pertaining to water-dependent and water-related uses. The Town will further the policies of the Indian River Lagoon Surface Water Improvement and Management (SWIM) plan, to ensure appropriate protection of marine species and marine habitats, including:
    • The requirement that all waterfront structures be located to minimize negative impacts on native shoreline vegetation and marine grass beds, based on an environmental survey to be provided to the Town by the applicant;
    • The required use of silt screens or other appropriate sediment control methods during the construction of water-dependent or water-related uses.
  • Policy 5.1.10: The Town will recognize the Florida Fish and Wildlife Conservation Commission, the U.S. Fish and Wildlife Service and Treasure Coast Regional Planning Council inventories of known areas of endangered or threatened species, to be used when evaluating land development proposals.
  • Policy 5.1.11: To protect, conserve or enhance the natural functions of wetland systems in the Town, the Town will consider implementing incentives to initiate the restoration to natural conditions of impounded wetlands.
  • Policy 5.1.12: The Town has adopted Land Development Regulations for the protection of its natural resources, which address the protection of wetlands, mangroves, estuarine sea grass and native upland vegetation.
  • Policy 5.1.13: The Town will coordinate with the Indian River Mosquito Control District to ensure maximum source reduction control.
  • Policy 5.1.14: There shall be no net loss of wetlands in the Town, unless mitigated or if exempt from mitigation requirements.
  • Policy 5.1.15: Residential developments within coastal high hazard areas shall meet or exceed all applicable requirements for coastal construction.
  • Policy 5.1.16: The Town will continue to examine community-wide strategies to increase the resiliency of the Town to address future effects of coastal storms and climate change on the community.

Objective 2: Estuarine Water Quality

The Town will maintain the estuarine water quality of the Indian River Lagoon in conformance with the Florida Department of Environmental Protection guidelines for Class II waters shellfish propagation and harvesting.

  • Policy 5.2.1: Dredging for the primary purpose of obtaining upland fill shall be prohibited in the Indian River Lagoon within Town limits.
  • Policy 5.2.2: Pruning of mangroves shall only be authorized for minimum access from the mean high-water line to a dock or pier, consistent with appropriate State and Federal regulations, or as otherwise authorized by appropriate State and Federal agencies.
  • Policy 5.2.3: Submerged aquatic vegetation communities shall not be removed or shaded to such an extent as to cause the death of a significant area of the community.
  • Policy 5.2.4: Submerged aquatic vegetation communities shall not be subjected to excessive turbidity, decreased light penetration, propeller, or net damage.
  • Policy 5.2.5: The Town shall cooperate with the County, Water Management District and other appropriate agencies to coordinate protection strategies for the Indian River Lagoon.

Objective 5.3: Water Dependent/Water Related Uses

The Town has implemented performance guidelines which give shoreline priority to water-dependent uses while decreasing the adverse ecological impacts of these uses.

  • Policy 5.3.1: Water-dependent land uses shall be located and constructed consistent with the Pelican Island National Wildlife Refuge.
  • Policy 5.3.2: There shall be no erection of structures in the Indian River Lagoon within the Town, except for water-dependent facilities, such as docks, kayak and canoe facilities or piers, consistent with the adopted policies of this Comprehensive Plan.
  • Policy 5.3.3: Water-dependent land uses shall be consistent with the following requirements:
    • docks and piers shall not hinder navigation or public use of the lagoon;
    • docks and piers shall be constructed and maintained in a manner that does not degrade area aesthetics or conflict with adjacent land uses;
    • permanent live-aboard vessels shall be prohibited in the Town;
  • Policy 5.3.4: Mitigation shall be required for any endangered, threatened, or species of special concern of native upland vegetation disturbed during construction and operation of water-dependent uses.
  • Policy 5.3.5: Applicants must obtain all required Federal and State permits, and approvals, as well as permits and approvals from any other applicable authority for water-dependent uses prior to obtaining a Certificate of Occupancy or completion.
  • Policy 5.3.6: Prior to operation of any water-dependent facility not associated with a single-family residence, fuel management/spill and hurricane contingency plans, as appropriate, shall be provided to the Town and the County.
  • Policy 5.3.7: In the event dredging is required for navigation channels and mooring areas, it shall be limited to depths no greater than 8 feet, unless otherwise approved by the appropriate State or Federal agency. Any required dredging operations shall utilize appropriate construction techniques and materials to comply with State water quality standards, such as turbidity screens, hydraulic dredges, and properly sized and isolated spoil deposition areas to control spoil dewatering.
  • Policy 5.3.8: Water-dependent facilities shall not degrade water quality below existing Florida Department of Environmental Protection water classification standards.

Objective 5.4: Beach & Dune Protection

The Town has implemented a beach and dune monitoring and management program to protect, maintain, and enhance a naturally functioning beach and dune system, while ensuring that no unnatural disturbances to the primary dune system occur.

  • Policy 5.4.1: Development shall not occur on the primary dune, except for structures necessary for beachfront access.
  • Policy 5.4.2: Beachfront access structures, including boardwalks and gazebos, shall be elevated above the dune vegetation and shall not inhibit sand accretion on the primary dune, nor preclude any repair or maintenance.
  • Policy 5.4.3: If beach renourishment, dune maintenance, repair and protection, and emergency beach and dune projects are deemed necessary, they should be designed and located, to the fullest extent possible, so as not to interrupt littoral drift or impact fish, wildlife or other resources.
  • Policy 5.4.4: Vegetated dune areas along beachfront areas shall be maintained or reestablished, as appropriate, by responsible parties.
  • Policy 5.4.5: In order to maintain the natural dune systems, the Town has and will continue to adopt and implement dune protection regulations in accordance with Florida Department of Environmental Protection standards, which address, at a minimum, the following:
    • all beach access shall occur at designated access points which include dune walkover structures;
    • all vegetative species planted on the beach and dune shall be native, salt-tolerant and adaptive to the nutrient-poor environment;
    • activity that damages dune vegetation, including trampling, crushing, breaking, uprooting or digging up, by persons or animals in their care is unlawful, as is the use of pesticides on or near protected dune vegetation;
    • any pruning, trimming, or removal of dune vegetation shall be in accordance with the standards and, when applicable, the permitting requirements set forth by the Florida Department of Environmental Protection;
    • activities which would significantly impact the nearshore reef community shall be prohibited;
    • all Federal, State and Local regulations concerning beach management shall be satisfied;
    • coordination with the County’s existing Beach and Shores Preservation Advisory Committee to implement programs and make recommendations pertaining to beach preservation and restoration activities.
  • Policy 5.4.6: The Town will implement the provisions of the Town’s ordinances pertaining to coastal construction and natural resource protection, in addition to the applicable goals, objectives and policies of the Town Comprehensive Plan, to reduce the exposure of human life and property to natural hazards. Such provisions shall include, but not be limited to:
    • the regulation of coastal development;
    • preservation of flood storage capacity in the 100-year floodplain;
    • the protection of beaches and dunes from disturbance.

Objective 5.5: Coastal High Hazard Zone Limitations

Limit public expenditures by the Town within the coastal high hazard area to those required to restore or enhance the Town’s coastal resources, or those necessary for recreation or access.

  • Policy 5.5.1: The coastal high hazard area shall be defined as the area below the elevation of the category 1 storm surge line as established by a Sea, Lake and Overland Surges from Hurricanes (SLOSH) computerized storm surge model.
  • Policy 5.5.2: The Town shall not finance the construction of roadways within the coastal high hazard area.
  • Policy 5.5.3: The Town shall not accept for maintenance any roadway within the coastal high hazard area.
  • Policy 5.5.4: The Town shall not finance the construction of sewer facilities, water facilities or other infrastructure within the coastal high hazard area, except for recreational facilities or those required for access.
  • Policy 5.5.5: The Town shall regulate development of areas which are prone to flooding and areas within the 100-year floodplain in a manner that is consistent with regulations established by the National Flood Insurance Program. Development shall be consistent with or more stringent than the flood-resistant construction requirements of the Florida Building Code and the federal floodplain management regulations set forth in 44 C.F.R. Part 60.
  • Policy 5.5.6: The Town shall ensure, through financial assurances, that infrastructure will be in place to meet the demand imposed by completed development or development.

Objective 5.6: Limit Densities in the Coastal High-Hazard Zone & Encourage Resistant & Resilient Development

  • Policy 5.6.1: To direct population concentrations away from known or predicted coastal high hazard areas, all activities involving construction, excavation, and sand removal, unless exempt under Section 161.053, Florida Statutes, are prohibited seaward of the 1987 Department of Environmental Protection Coastal Construction Control Line without first obtaining a permit or other written authorization by the Department of Environmental Protection in accordance with Section 161.053, Florida Statutes.
  • Policy 5.6.2: The Town shall require that any construction activities seaward of the Coastal Construction Control Line established pursuant to Section 161.053, Florida Statutes be consistent with Chapter 161, Florida Statutes.
  • Policy 5.6.3: All development within the coastal high hazard area shall be in compliance with Florida law, Florida Department of Environmental Protection and Federal Emergency Management Agency regulations.
  • Policy 5.6.4: The Town encourages all new residential development to provide additional freeboard beyond the minimum requirements in an effort to reduce losses due to flooding and claims made under flood insurance policies. The Town may consider amendments to the land development regulations to support this policy.
  • Policy 5.6.5: The Town shall utilize best practices and initiate mitigation strategies to reduce the risk of flooding in coastal areas that may result from high tide events, storm surge, extreme rain events, and the related impacts of sea level rise.
  • Policy 5.6.6: The Town shall continue to participate in the National Flood Insurance Program and should consider participation in that program’s Community Rating System.

Objective 5.7: Hurricane Evacuation

The Town has adopted the County’s current Comprehensive Emergency Management Plan, in which the Evacuation and Reentry Plan is included, as amended.

  • Policy 5.7.1: The Town shall coordinate with the County during any hurricane evacuation.
  • Policy 5.7.2: The Town shall keep a current copy of the County’s hurricane evacuation plan on file in order to inform residents of these plans.
  • Policy 5.7.3: In the event new development within the Town should result in a deficiency in the hurricane evacuation plans below acceptable standards, the Town shall coordinate with the County and the Florida Department of Transportation to relieve its fair share of the deficiency.

Objective 5.8: Post-Disaster Redevelopment

The Town is and will continue to coordinate with the County in the development of a Post-Disaster and Redevelopment Plan which minimizes or eliminates the future risk to human life and public and private property from natural disasters.

  • Policy 5.8.1: Post-disaster permitting procedures shall be streamlined to allow immediate repairs necessary to protect public health and safety.
  • Policy 5.8.2: After immediate repairs are made, the first priority for permitting shall be for necessary infrastructure and primary residences.
  • Policy 5.8.3: Redevelopment within the coastal high hazard zone shall be limited to 2 dwelling units/acre, recreational structures, and structures required for oceanfront access.
  • Policy 5.8.4: The post-disaster procedures of the Town shall be consistent with the County’s Comprehensive Emergency Management Plan.
  • Policy 5.8.5: The Town shall coordinate with the Florida Department of Environmental Protection and other appropriate agencies during post-disaster redevelopment.
  • Policy 5.8.6: The Town will continue to review and adopt revisions to the Florida Building Code concerning the construction of buildings located in the coastal zone.
  • Policy 5.8.7: The Town encourages that buildings damaged beyond repair be reconstructed with 1 additional foot of freeboard over Base Floor Elevation west of A1A and 3 additional feet of freeboard east of A1A.
  • Policy 5.8.8: The Town encourages mechanical equipment to be elevated over Base Floor Elevation upon replacement to avoid potential damages due to flooding or storm surge.

Objective 5.9: Level of Service Standards

The Town will maintain the levels-of-service for transportation, sanitary sewer, potable water, drainage, parks and solid waste established within this plan.

  • Policy 5.9.1: No development order shall be issued by the Town unless the above-listed facilities and services are consistent with the adopted levels-of- service.
  • Policy 5.9.2: The Town’s traffic circulation levels-of-service shall be consistent with the County. Development orders will not be issued if thresholds are exceeded.
  • Policy 5.9.3: The Town shall coordinate with the County to maintain the level-of-service for potable water, sanitary sewer and solid waste as adopted within the Infrastructure Element of this Comprehensive Plan.
  • Policy 5.9.4: The Town shall require any developer within the Town to maintain the level-of-service of twenty (20) acres per thousand population for recreational facilities, as contained within the Recreation and Open Space Element of this Comprehensive Plan.
  • Policy 5.9.5: The Town adopts the level-of-service standards for all new drainage improvements to be consistent with the Water Management District or the Florida Department of Environmental Protection, as appropriate.
  • Policy 5.9.6: The Town will maintain the standards, phasing and funding of infrastructure in the coastal zone, as set forth in the Traffic Circulation Element and the Drainage, Sanitary Sewer, Potable Water and Solid Waste sub-elements of the Infrastructure Element of the Town’s Comprehensive Plan.

Objective 5.10: Historic Resource Protection

The Town shall protect the historic resources in the Town from the adverse impacts of development.

  • Policy 5.10.1: In accordance with Indian River County and the Florida Department of State, Jungle Trail is designated a scenic and historic roadway.
  • Policy 5.10.2: Jungle Trail will generally be used as an access way, open space corridor, and provide passive recreational activities while maintaining its primary historic importance.
  • Policy 5.10.3: The Town has prepared an inventory of all historic, archaeological, and architectural resources within the corporate limits but has found no such resources.
  • Policy 5.10.4: Should historic, archaeological, and architectural resources be found, the Town shall adopt a preservation ordinance to protect, preserve, and provide criteria for the sensitive reuse of any identified resource.

Objective 5.11: Development in Coastal High Hazard Zone

The Town will not fund any public expenditure that subsidizes development in coastal high hazard areas.

  • Policy 5.11.1: The Town shall not expend public funds for infrastructure or other development, except those necessary for public beach access, or to protect human life and property, within the coastal high hazard area.
  • Policy 5.11.2: Beach renourishment, dune maintenance, dune repair, dune vegetation, or dune protection projects may be funded by public funds within the coastal high hazard area, as these efforts aid the protection of human life and property.
6. Conservation Element

Goal Statement

Conserve, maintain, or appropriately utilize natural resources and environmental systems within the Town, maintaining their contribution to the quality of life and economic well-being of the Town.

Objective 6.1: Air Quality

Air quality in the Town will continue to meet or exceed State and Federal minimum ambient air quality standards.

  • Policy 6.1.1: New development within the Town shall maintain established levels of service on the roadway network in order to maintain acceptable air quality.
  • Policy 6.1.2: The Town shall encourage electric golf carts and encourage pedestrian access to minimize the use of automobiles.

Objective 6.2: Energy

Reduce per capita energy consumption within the Town.

  • Policy 6.2.1: The Town shall continue to enforce the building code, including the Florida Energy Efficient Code, for new construction.
  • Policy 6.2.2: The road system within the Town shall be compatible for golf carts and pedestrians.
  • Policy 6.2.3: The Town has landscaping regulations which encourage adequate shade profiles.
  • Policy 6.2.4: The Town shall consider energy conservation in the development and implementation of Town ordinances.

Objective 6.3: Water Quality

Improve surface water quality within the Indian River Lagoon adjacent to the Town by managing discharges from the Town.

  • Policy 6.3.1: In order to maintain existing surface water quality within the designated Outstanding Florida Waters of the Indian River Lagoon adjacent to the Town, all storm drainage facilities will be designed to be consistent with requirements of the Water Management District or the Florida Department of Environmental Protection, as appropriate.
  • Policy 6.3.2: The Town will coordinate and support the Florida Department of Environmental Protection and the Water Management District in permitting and monitoring the quality of stormwater run-off.
  • Policy 6.3.3: The Town shall coordinate with the Marine Resources Council and the Water Management District, as appropriate, in the implementation of the Indian River Lagoon Surface Water Improvement and Management (SWIM) plan.
  • Policy 6.3.4: In the Infrastructure Element, the Comprehensive Plan provides for the emergency conservation of water sources in accordance with the plans of the Water Management District.

Objective 6.4: Floodplain

No net loss of flood storage capacity within the Town.

  • Policy 6.4.1: The Town shall continue to participate in the National Flood Insurance Program.
  • Policy 6.4.2: Impounded wetlands shall be maintained in their current state or returned to their natural state, as appropriate, in order to provide flood storage capacity.
  • Policy 6.4.3: All development shall be consistent with the requirements of the National Flood Insurance Program and the adopted floodplain management regulations in the Code of Ordinances.
  • Policy 6.4.4: The adopted floodplain management regulations in the Code of Ordinances shall be updated in a timely manner after changes are mandated by the Federal Emergency Management Agency (FEMA).

Objective 6.5: Minerals

Prohibit mining within the Town.

  • Policy 6.5.1: The adopted land development regulations shall contain a prohibition against mining or borrow operations within the Town.
  • Policy 6.5.2: The Town shall review and comment on any lease requests for mining activity within the outer continental shelf which may impact the Town’s resources.

Objective 6.6: Soils

Wind and water soil erosion associated with land development activities will be reduced, and areas of shoreline erosion will be stabilized, with adverse impacts to property and natural resources minimized.

  • Policy 6.6.1: Stormwater shall go through a “treatment train” prior to release in order to allow sediments to settle out prior to discharge to the Indian River Lagoon.
  • Policy 6.6.2: Land shall be cleared in stages consistent with the staged development of the community.
  • Policy 6.6.3: Best management practices shall be utilized for stabilizing cleared areas for wind erosion. These practices may include, but not be limited to, seeding and mulching.

Objective 6.7: Vegetative Communities

Sufficient upland vegetative communities to maintain viable populations of the native plant and animal species, and representative stands of each habitat type naturally found in the Town, will be preserved.

  • Policy 6.7.1: The Town has adopted land development regulations which address when a land clearing permit must be obtained from the Town prior to any development, land clearing or grubbing.
  • Policy 6.7.2: The Town shall require native vegetation, except noxious species, to be maintained adjacent to Jungle Trail.
  • Policy 6.7.3: The Town will coordinate with the U.S. Fish and Wildlife Service, the Florida Fish and Wildlife Conservation Commission, and other appropriate agencies to ensure that rare, threatened or endangered plant or animal species identified or expected to occur on public recreational and open space lands within the Town shall be protected from adverse development impacts.

Objective 6.8: Wetlands

Maintain or enhance impounded wetlands within the Town. Mosquito control, using best management practices, will, as necessary, be allowed to treat land in and adjacent to these wetlands.

  • Policy 6.8.1: Wetlands shall not be utilized for the purpose of obtaining fill.
  • Policy 6.8.2: The Town shall require a buffer zone of native transitional vegetation around wetland and deep-water habitats which are constructed or preserved on new development sites. The buffer zone may consist of preserved or planted vegetation, but shall include canopy, understory and groundcover of native species only. Except for access points, native vegetation shall be maintained for a minimum distance of 50 feet landward of waterway banks or shorelines and associated wetlands.

Objective 6.9: Wildlife & Marine Habitat

There will be no reduction in the critical habitat of threatened or endangered plant and animal species occurring in the Town. The Town will conserve, appropriately use and protect non-threatened, non-endangered fisheries, wildlife, wildlife habitat and marine habitat through the implementation of land development regulations and policies.

For the purpose of this objective, critical habitat is defined as the minimum required sum of environmental conditions in a specific area necessary to sustain a given species. The protection of critical habitat shall be measured and evaluated on a site-by-site basis.

  • Policy 6.9.1: Upland development within the Town shall not adversely affect submerged aquatic vegetation within the Indian River Lagoon adjacent to the Town.
  • Policy 6.9.2: Mangroves are designated as environmentally sensitive resources, and trimming or removal of mangroves shall be prohibited, except as permitted by the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, or other appropriate agency.
  • Policy 6.9.3: The impounded wetlands shall be managed to maximize habitat value, as well as for mosquito control purposes.
  • Policy 6.9.4: Submerged aquatic vegetation shall not be disturbed in the Town except when a determination of extensive overriding public interest is demonstrated. Development activities, however, shall provide for the minimum disturbance of submerged vegetation.
  • Policy 6.9.5: To prevent the extinction of any species in the region, any endangered or threatened wildlife species found within a development area shall be relocated, or a plan developed to manage the species prior to the commencement of development.
  • Policy 6.9.6: All development adjacent to the Pelican Island National Wildlife Refuge shall be consistent with protection of wildlife and its habitat within the refuge.
  • Policy 6.9.7: The Town shall coordinate with the U.S. Fish and Wildlife Service in protecting the wildlife and wildlife habitat within the Pelican Island National Wildlife Refuge.
  • Policy 6.9.8: For developments on property known to support endangered or threatened species of plants or animals, or on property expected to significantly contribute to such species’ habitat needs, developers shall be required to notify the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service and provide proper protection to the extent feasible, to the satisfaction of the Town and the wildlife agencies.

Objective 6.10: Hazardous Materials

Ensure that all users of hazardous materials and generators of hazardous wastes properly transport, store, and dispose of hazardous materials.

  • Policy 6.10.1: Biohazardous waste incineration or other hazardous material disposal shall be prohibited within the Town.
  • Policy 6.10.2: The Town shall coordinate with the County in the implementation of the Superfund Amendments and Reauthorization Act (SARA), Title IV, as appropriate.
  • Policy 6.10.3: In order to facilitate inspection of hazardous waste generators, the Town shall notify the Florida Department of Environmental Protection when business tax receipts are issued for hazardous waste generators.
7. Recreation & Open Space Element

Goal Statement

The Town will require the provision of private recreational facilities and open space to meet the active and passive recreational needs of the residents of the Town.

Objective 7.1: Beach Access

To ensure the public is provided reasonable access to beaches with adequate parking and support facilities, the Town Council shall maintain coordination with the County through active participation in the County’s efforts to develop a countywide recreation system.

  • Policy 7.1.1: The Town shall require that access to beaches be elevated to protect dune vegetation.
  • Policy 7.1.2: The Town shall require that access to the Indian River Lagoon be consistent with the resource needs of the transitional vegetative communities and submerged habitats.
  • Policy 7.1.3: All beach and shore access shall be consistent with the requirements of State and Federal permitting agencies.

Objective 7.2: Coordination of Public & Private Resources

The Town’s recreation system will meet demand through the coordination of private and public resources.

  • Policy 7.2.1: The Town shall continue to cooperate with the U.S. Fish and Wildlife Service in the maintenance of the Pelican Island National Wildlife Refuge for wildlife protection and to provide passive recreational opportunities.
  • Policy 7.2.2: Additional improved access to the Pelican Island National Wildlife Refuge shall be limited to the minimum impact necessary for access to approved passive recreational and conservation uses in order to protect the wildlife populations and natural systems within the refuge.
  • Policy 7.2.3: All proposed development adjacent to the Pelican Island National Wildlife Refuge will be reviewed for compatibility, impact, and long-term effects on the wildlife population and natural systems within the refuge. The Town shall adopt, through land development regulations, performance standards for development within 500 feet of the refuge that, at a minimum, address the following:
    • Land use compatibility, buffering and landscaping;
    • Environmental impact;
    • Minimum mitigation criteria; and
    • Mosquito control measures.
  • Policy 7.2.4: The Town supports County and Federal management plans for Jungle Trail. The roadway will be used as an access way, open space corridor, and provide passive recreational activities while maintaining its primary historical importance.

Objective 7.3: Level of Service Standards

To ensure that parks and recreational facilities are adequately provided, all future development will be consistent with recreation level-of-service standards adopted in this plan.

  • Policy 7.3.1: The Town adopts the following recreation level-of-service standards:

Level-of-Service Standards

ActivityStandard
Passive Recreational Area20 acres per 1,000 population
Tennis Court1 per 5,000 population
Swimming Pool1 per 25,000 population
Golf Course1 per 40,000 population
Beach Access1 per 0.5 mile of ocean shoreline
  • Policy 7.3.2: Development orders will not be approved by the Town until adequate recreational facilities, to meet the adopted level-of-service concurrent with new development, are available.

Objective 7.4: Open Space

The Town has adopted land regulations to protect the Town’s existing public open space and defined and identified minimum open space criteria for private developments.

  • Policy 7.4.1: The wetlands in the Town are designated as open space.
  • Policy 7.4.2: The land development regulations shall include the definition of open space and requirements for the provision and protection of these areas.
  • Policy 7.4.3: The Town will incorporate the open space definitions found in this element into its land development regulations.
  • Policy 7.4.4: Native plant communities within the Town may be maintained as open space to provide passive recreational use.
  • Policy 7.4.5: Off-road vehicles used for the purpose of recreation, excluding golf carts, shall not be operated within the Town.
8. Intergovernmental Coordination Element

Goal Statement

The Town shall initiate and/or participate in the intergovernmental coordination mechanisms necessary to establish governmental relationships that improve the coordination, effectiveness, and efficiency of public policy-making bodies associated with the Town.

Objective 8.1: Coordination Among Plans

The Town shall coordinate the Comprehensive Plan and its implementation with Chapter 187, Florida Statutes, the Comprehensive Regional Policy Plan, and the Comprehensive Plans of the County, the School District of Indian River County, and other units of local government providing services but not having regulatory authority over the use of land.

  • Policy 8.1.1: The Town shall utilize the Treasure Coast Regional Planning Council’s review and comment process for the Comprehensive Plan and plan amendment proposals of other local governments in order to ensure consistency between the Town’s Comprehensive Plan and that of the County.
  • Policy 8.1.2: The Town shall participate in the meetings of the Comprehensive Plan Technical Advisory Committee as called upon in an effort to ensure consistency between the Town’s planning activities and that of the County and its other municipalities.
  • Policy 8.1.3: The Town shall use the mediation procedures of the Treasure Coast Regional Planning Council and the appropriate regional agencies when inter- jurisdictional incompatibilities are identified.

Objective 8.2: Development Impact on Other Jurisdictions

The Town participates in a coordinated mechanism, created by the County, to ensure that development in the Town does not adversely affect the adequacy of infrastructure and services in other jurisdictions.

  • Policy 8.2.1: The Town shall cooperate with the County in its efforts to establish a joint facilities coordinating committee to ensure that the Town’s land use intensities are not increased beyond the capacity of the County’s public facilities.
  • Policy 8.2.2: The Town shall cooperate with the County to coordinate the timing, location, and capacity of infrastructure to ensure that required services are available when needed and are economically feasible.
  • Policy 8.2.3: The Town will support the establishment of a countywide concurrency management system to ensure the availability of necessary facilities and services concurrent with the impact of development on a countywide basis.
  • Policy 8.2.4: The Town may pursue annexations with the County and other municipalities in accordance with the Interlocal Service Boundary Agreement Act under Part II of Chapter 171, Florida Statutes.
  • Policy 8.2.5: In the event an Interlocal Service Boundary Agreement (ISBA) is pursued, the Town will participate and will prepare criteria for annexation decisions and adopt annexation policies.
  • Policy 8.2.6: Any future annexed property must be compatible with the current Town Development.
  • Policy 8.2.7: Future annexations will promote sound growth and development of the Town and surrounding areas.
  • Policy 8.2.8: The Town will notify the Treasure Coast Regional Planning Council of development proposals likely to affect other local governments in the area.
  • Policy 8.2.9: The Town will not approve the extension of water and sewer infrastructure outside of corporate limits prior to annexation.

Objective 8.3: Coordination of Level of Service Standards

The Town participates in the creation of a formal coordination mechanism to exchange planning information and coordinate adopted level-of-service standards with the municipalities, the County, the region, and the State.

  • Policy 8.3.1: The Town shall implement the objectives and policies of this Comprehensive Plan that adopt levels-of-service relative to transportation, recreation, and water, sanitary sewer and solid waste services.
  • Policy 8.3.2: The Town shall use the land development review and permitting process to coordinate level-of-service standards for public facilities and services with any State, regional, and local entity having operational and maintenance responsibilities for such facilities and services within the Town.
  • Policy 8.3.3: The Town shall evaluate the feasibility of entering into exclusive franchise agreements with private utility providers to ensure that adequate levels-of- service are maintained.
9. Capital Improvements Element

Goal Statement

The Town will ensure the provision of infrastructure consistent with the population needs of the Town in accordance with the level-of-service standards set forth in this Comprehensive Plan.

Objective 9.1: Construction of Capital Improvements

Construction and timing of publicly funded capital improvements shall be consistent with the adopted policies of this element, with the Future Land Use Element and Future Land Use Map.

  • Policy 9.1.1: On an annual basis, in accordance with Section 163.3177(3)(b) Florida Statutes, as amended, and as part of the annual budgeting process, the Town Council will assess the need for any capital improvements. A budget for 5-year capital expenditures will be formulated and adopted as part of the Capital Improvements Element.
  • Policy 9.1.2: The annual operating budget of the Town, including the maintenance of publicly funded capital projects, shall be consistent with the policies of this Comprehensive Plan and shall be adopted by ordinance or resolution.
  • Policy 9.1.3: The Capital Improvements Element of the Comprehensive Plan, which includes the Town’s annual budget, shall be reviewed and amended on an annual basis.
  • Policy 9.1.4: Capital improvements which support emergency services, fire or police shall be contingent on the needs of the future population of the Town.

Objective 9.2: Maintenance of Established Levels-of-Service

The Town has adopted land development regulations which ensure that development permits are issued only if infrastructure is available to maintain adopted levels-of- service.

  • Policy 9.2.1: The Town shall not approve any development order which permits development that will violate the amount, rate, density or intensity of development provided within this Comprehensive Plan, unless and until this Plan is formally amended.
  • Policy 9.2.2: Prior to the approval of a development order by the Town, proposed development shall be reviewed against the adopted level-of-service for roadways, sewer, water, drainage, solid waste and recreation facilities. No development order will be issued unless services are available concurrent with the impact of such new development in accordance with the adopted level-of-service standards and the Town’s adopted concurrency management system.
  • Policy 9.2.3: The Town’s traffic circulation levels-of-service shall be consistent with the County, as applicable to the Town and as may be amended from time to time. When the County amends its LOS, the standards herein shall be deemed amended. For reference, the County’s (and thereby the Town’s) current levels-of-service are as follows:
    • Level-of-service "D" or better shall be maintained on all TRIP grant-funded roads as well as all freeway, arterial, and collector roadways with the exception of the following 2, which will operate at 20% in excess of level of service “E”:
      • 27th Avenue – South County Line to SR 60
      • 43rd Avenue – Oslo Road to 16th Street
    • Level-of-Service “D” plus 20% during peak hour, peak season, peak direction conditions on the following roads until such time that a major capacity improvement, as specified below, is constructed. At such time that the major capacity improvement is constructed, the level of service for that improved road shall be “D” during peak hour, peak season, peak direction conditions:
      • CR510 – 66th Avenue to US Highway 1 (scheduled for widening)
      • 37th Street – US Highway 1 to Indian River Boulevard (scheduled for widening or alternately mitigated by extension of Aviation Boulevard from US 1 to 37th Street)

For SIS/Florida Intrastate Highway System roadways, level of service “B” is adopted for rural areas, and level of service “C” is adopted for urban areas – as defined by the County Comprehensive Plan

  • Policy 9.2.4: The Town’s sanitary sewer levels-of-service shall be consistent with the County, as applicable to the Town and as may be amended from time to time. When the County amends its LOS, the standards herein shall be deemed amended. For reference, the County’s (and thereby the Town’s) current levels-of-service are as follows:
    • 250 gallons per day per equivalent residential unit with a peak monthly flow factor of 1.25. That standard shall be utilized for determining the availability of facility capacity and the demand generated by a development.
  • Policy 9.2.5: The Town adopts the following levels-of-service for potable water service, which shall be consistent with the County, as applicable to the Town and as may be amended from time to time. When the County amends its LOS, the standards herein shall be deemed amended. For reference, the County’s (and thereby the Town’s) current levels-of-service are as follows:

Level-of-Service Standards for Potable Water:

  • GPD/DU: gallons per day per dwelling unit
  • GPD/AC: gallons per day per gross acre
Residential Unit (single and multi-family)Commercial/Industrial
250 GPD2,500 GPD/AC
  • Policy 9.2.6: The level-of-service standard for solid waste disposal shall be consistent with Indian River County, as applicable to the Town and as may be amended from time to time. When the County amends its LOS, the standards herein shall be deemed amended. For reference, the County’s (and thereby the Town’s) current levels-of-service are as follows:
    • 2.4 tons per capita for permanent population plus weighted seasonal population per year or 4 cubic yards per permanent population plus weighted seasonal population per year.
  • Policy 9.2.7: The Town adopts the following recreation level-of-service standards:

Level-of-Service Standards for Recreation

ActivityStandard
Passive recreational area20 acres per 1,000 population
Tennis Court1 per 5,000 population
Swimming Pool1 per 25,000 population
Golf Course1 per 40,000 population
Beach Access1 per 0.5 mile of ocean shoreline
  • Policy 9.2.8: The Town shall require all new development to maintain the level-of-service consistent with requirements of the Water Management District or the Florida Department of Environmental Protection, as appropriate, for the retention of the first 1.5 inches of runoff on-site. All storm drainage facilities shall be designed for a 24-hour 25- year storm.

Objective 9.3: Future Development’s Share of Capital Improvements

Future developments shall bear the cost of providing the infrastructure required to maintain adopted levels-of-service standards.

  • Policy 9.3.1: Until the Town adopts a Capital Improvement Program and budget with expenditures to finance infrastructure improvements, new development shall be responsible for the costs to finance infrastructure improvements to adequately maintain adopted level-of-service standards.
  • Policy 9.3.2: The Town will continue to participate in the County impact fee program.

Objective 9.4: Town’s Ability to Require the Provision of Needed Services & Facilities

In conjunction with the County, the Town will have a capacity monitoring system for all improvements and facilities with identified levels-of-service in this Comprehensive Plan, in order to ensure that adequate facility capacity is available to serve development.

  • Policy 9.4.1: Land use decisions in the Town shall be made based on the planned availability of facilities to maintain adopted levels-of-service.
  • Policy 9.4.2: The Town will not approve land use change requests unless adequate infrastructure to support the use exists, is programmed, or will be privately funded.
  • Policy 9.4.3: When the Town adopts a Capital Improvement Program and pursuant to Section 163.2187 Florida Statutes, the CIP may be amended 2 times during any calendar year and as necessary for emergencies, developments of regional impact, and certain small-scale development activities.
  • Policy 9.4.4: The Town will not issue a development order unless adequate infrastructure to support the development exists, is programmed, or will be privately funded.
10. Private Property Rights Element

Goal Statement

The Town shall consider, amongst other factors required by the Comprehensive Plan, Land Development Regulations, or Code of Ordinances, judicially acknowledged and constitutionally protected private property rights in its decision-making.

Objective 10.1: Private Property Rights

  • Policy 10.1.1: In accordance with the legislative intent expressed in Section 163.3161 (10) of the Florida Statutes, the Town shall consider, amongst other factors required by the Comprehensive Plan, Land Development Regulations, or Code of Ordinances, the following rights of a property owner in its decision-making. The right to:
    • Physically possess and control his or her interests in the property, including easements, leases, or mineral rights;
    • Use, maintain, develop, and improve his or her property for personal use or for the use of any other person, subject to state law and local ordinances;
    • Privacy and to exclude others from the property to protect the owner's possessions and property; and
    • The right of a property owner to dispose of his or her property through sale or gift.

Nothing in this Objective is intended to limit, alter, or regulate a property owner’s right to transfer or dispose of his or her property by other means, including by devise, descent, or lease. In accordance with Article X, Section 6 of the Florida Constitution, the Private Property Rights Protection Act codified in Chapter 70 of the Florida Statutes and Florida common law, the Town acknowledges and recognizes such private property rights as constitutionally protected property rights.

11. Maps/Plans of the Comprehensive Plan

The following is a list of the maps and plans of the Town’s Comprehensive Plan:

  • Master Plan
  • Existing Land Use
  • 2035 Future Land Use
  • Traffic Circulation
  • Recreational Facilities
  • Master Drainage
  • Floodplains
  • Coastal High Hazard Area
  • Natural Resources
  • Wetlands
  • Plant Communities
  • Soils

Copies of the maps are available upon request. Please reach out by calling (772) 581-2770 (extension 2) or by emailing Town Hall.