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