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ORDINANCE NO. 2008- 012 <br />AN ORDINANCE OF THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, <br />FLORIDA, EXTENDING BY SIX MONTHS TO JANUARY 7, <br />2009 THE MORATORIUM ON THE ACCEPTANCE OF <br />APPLICATIONS AND PROCESSING OF APPLICATIONS <br />FOR MINING ADMINISTRATIVE PERMIT APPROVALS <br />AND ISSUANCE OF MINING PERMITS; PROVIDING FOR <br />PROHIBITION; PROVIDING FOR EXEMPTIONS; <br />PROVIDING FOR CONFLICTS; PROVIDING FOR <br />SEVERABILITY; SETTING FORTH EFFECTIVE AND <br />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 />unpaved haul routes; and <br />WHEREAS, the Board has determined improvements must be made to the <br />notice 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 held two public hearings on a <br />proposed moratorium on mining, heard public input, and adopted Ordinance No 2008- <br />001 on January 7, 2008, effective January 10, 2008; and <br />1 <br />F:Wttorney\Nancy\DOCS\ORD\mining moratorium extension ord.doc <br />