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j ORDINANCE NO. 98m 0 9 NOTICE OF AMENDMENT TO LAND DEVELOPMENT REGULATIONS (LDRS) CHANGING THE LIST OF PERMITTED USES WITHIN THE RS -6 an RT -6 ZONING DISTRICTS, AND AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS (LDRS): CHAPTER 901, DEFINITIONS; CHAPTER 902, ADMINISTRATIVE MECHANISMS; CHAPTER 911, ZONING; CHAPTER 934, EXCAVATION AND MINING; CHAPTER 954, OFF-STREET PARKING; CHAPTER 956, SIGN REGULATIONS; CHAPTER 971 REGULATIONS FOR SPECIFIC LAND USE CRITERIA; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida that the Indian River County land development regulations (LDRs) be amended as follows: 1. EXTENDING THE INCIDENTAL TO DEVELOPMENT MINING EXEMPTION (7) Excavation incidental to development permits. (a) Excavation incidental to any authorized Indian River County development order or permit, including approved site plans, subdivision plats, final development plans and/or building permits, whereby no more than five thousand (5,000) cubic yards of excavated materials are removed from the premises. This paragraph shall not be construed to exempt excavation activities resulting in the creation of a waterbody from satisfying the water management standards of section 934.05 of this chapter. (b) For excavation incidental to authorized site plans, subdivisions, or planned developments, excavation material removal from the premises may exceed five thousand (5,000) cubic yards, provided that: The extraction process and hauling of excavated materials from the premises is completed within two (2) months of commencement of project construction, following the issuance of a county land development permit or release of an approved site plan, as applicable, and provided that such extraction and hauling is limited to occurring between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday; 2. Water depth within a created waterbody (as applicable) shall not exceed twelve (12) feet; 3. The provisions of section 934.07(5) are satisfied, pertaining to the posting of compliance and restoration bonds; 4. The provisions of section 934.09 are satisfied, pertaining to the hauling of excavated materials on public and private roads; 5. The provisions of section 934.05 are satisfied, pertaining to water management standards for created waterbodies; and Coding: Words in strtke-ttrou type are deletions from existing law. Words underlined are additions. Amend LDR 934.04(7) the to follows: section of mining ordinance read as (7) Excavation incidental to development permits. (a) Excavation incidental to any authorized Indian River County development order or permit, including approved site plans, subdivision plats, final development plans and/or building permits, whereby no more than five thousand (5,000) cubic yards of excavated materials are removed from the premises. This paragraph shall not be construed to exempt excavation activities resulting in the creation of a waterbody from satisfying the water management standards of section 934.05 of this chapter. (b) For excavation incidental to authorized site plans, subdivisions, or planned developments, excavation material removal from the premises may exceed five thousand (5,000) cubic yards, provided that: The extraction process and hauling of excavated materials from the premises is completed within two (2) months of commencement of project construction, following the issuance of a county land development permit or release of an approved site plan, as applicable, and provided that such extraction and hauling is limited to occurring between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday; 2. Water depth within a created waterbody (as applicable) shall not exceed twelve (12) feet; 3. The provisions of section 934.07(5) are satisfied, pertaining to the posting of compliance and restoration bonds; 4. The provisions of section 934.09 are satisfied, pertaining to the hauling of excavated materials on public and private roads; 5. The provisions of section 934.05 are satisfied, pertaining to water management standards for created waterbodies; and Coding: Words in strtke-ttrou type are deletions from existing law. Words underlined are additions.