2/13/2017 3:08:59 PM
9/30/2015 4:16:47 PM
Excavation and Mining
State Filed Date
Moratorium on Mining Related Applications
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ORDINANCE NO. 2008- 001 <br />AN ORDINANCE OF THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, <br />FLORIDA, IMPOSING A MORATORIUM ON THE <br />ACCEPTANCE OF APPLICATIONS AND PROCESSING <br />OF APPLICATIONS FOR MINING ADMINISTRATIVE <br />P ERMIT APPROVALS AND ISSUANCE OF MINING <br />P ERMITS; PROVIDING FOR PROHIBITION; PROVIDING <br />FOR EXEMPTIONS; PROVIDING FOR CONFLICTS; <br />P ROVIDING FOR SEVERABILITY; SETTING FORTH <br />E FFECTIVE AND EXPIRATION DATES. <br />WHEREAS, pursuant to Section 1(f), Article VIII, of the Florida Constitution and <br />Chapter 125, Florida Statutes, Indian River County is authorized and required to protect <br />the public health, safety and welfare and may exercise any power for governmental <br />purpose except when expressly prohibited by law; and <br />WHEREAS, pursuant to Section 163.3202, Florida Statutes, Indian River County <br />has enacted land development regulations, consistent with its adopted comprehensive <br />plan, which protect the quality of life in Indian River County and <br />WHEREAS, the Board of County Commissioners has adopted Indian River <br />County Code Chapter 934, Excavation and Mining; and <br />WHEREAS, at its October 23, 2007 meeting the Board of County Commissioners <br />was advised of numerous traffic hazards and accidents involving mining trucks on <br />u npaved haul routes, and <br />WHEREAS, the Board has determined improvements must be made to the <br />n otice and traffic safety provisions of Chapter 934; and <br />WHEREAS, the Planning and Zoning Commission considered this matter and <br />made a recommendation of approval of a mining moratorium on December 13, 2007 <br />and <br />WHEREAS, the Board of County Commissioners has held two public hearings on <br />this proposed moratorium on mining and heard public input; <br />WHEREAS, the Board of County Commissioners wishes to maintain the status <br />quo with respect to mining activity during the drafting process to ensure that the <br />community's notice and traffic safety problems are addressed through this ordinance <br />1 <br />F:\Attorney\Nancy\DOCS\ORD\mining moratorium ord.doc <br />
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