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2008- 023 (c) No excavation shall take place within fifty (50) feet of the property line; however, a ditch or canal may be excavated within fifty (50) feet of or along the property line, if written approval is obtained fiom affected property owners; and (d) Wetlands are protected from the excavation activity, in accordance with the provisions of this chapter. (2) Earth moving in conjunction with the installation of a utility lines, wherein the excavation is to be backfilled. (3) Construction of state, federal, or local public roads and public works within the limits of public property..-, right-of-way, or easement. (4) Graves. (5) Approved sanitary landfills. (6) Any activity regulated by the Florida Electrical Power Plant Siting Act and the Transmission Line Siting Act (Part II, Chapter 403, F.S.) to the extent that the provisions of this chapter are pre -emptied by said Acts. Maintenance activities undertaken by a public utility as defined in Section 366.02, Florida Statutes (1983) with regard to existing electrical power plants, their reservoirs and other related facilities. (7) Excavation incidental to development peFm-its projects. (a) Small-scale transfer of excess material Excavation incidentalto any authorized Indian River County development order or permit, excluding permits for individual single-family homes and single-family ponds on individual lots or parcels including approved site plans, subdivision plats, final development plans and/or building permits, shall be exempt if whereby no more than five thousand (5,000) cubic yards of excavated materials are removed transferred from the project site premises. Prior to transfer of material from th ors t it th ors t lip r hall ap .1 fir ani LI ain tamp irar use permit (TUP) from the community development director or his designee for such transfer of material The authorized transfer of material from a development project site to adjacent right-of-way shall be considered the same as transfer of material within the boundaries of the development project site. Transfer of material off site shall occur within a continuous period ("window") of time not to exceed two (2) months and be limited to the hours of 7:00 am and 5:00 pm Monday through Friday. This paragraph shall not be construed to exempt excavation activities resulting in the creation of a waterbody Flom satisfying the littoral zone and water management standards of section 934.056(1) of this chapter. (b) Medium -scale transfer of excess material For excavation incidental to authorized site plans, subdivisions, or planned developments, excavation material removal transferred from the premises project site may exceed five thousand (5,000) cubic yards, provided that: Double_ Underline Text: Non Workshop Changes Bold Underline: Additions to Ordinance Stf+k-e-throughi Deleted Text from Existing Ordinance F:ACommunity Development\Users\CurDcvAORDINANCE\2008\2008- 934 Excavation(after12-19-08).RTF 2