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1976-06
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1976-06
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Last modified
3/19/2019 1:13:16 PM
Creation date
10/5/2015 9:29:49 AM
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Ordinances
Ordinance Number
1976-6
Adopted Date
03/23/1976
Ordinance Type
Zoning
Entity Name
Zoning Commission
Code Number
71-3 Sec. 25
Subject
Mining and Excavation
Supplemental fields
SmeadsoftID
12461
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(7) Provisions for Continuing Operation <br />Nothing herein shall be construed as a requirement that an operator <br />of an existing sand mine shall cease operations until the required Mining Site <br />Plan has been approved, provided the said Mining Site Plan shall be submitted <br />within 30 days and the Zoning Commission finds the submitted plan to be ac- <br />ceptable. <br />(8) Review and Findings by the Indian River County <br />Zoning Commission <br />Upon submission of a Mining Site Plan to the Indian River County <br />Zoning Commission, the Zoning Commission shall within 30 days, notify the <br />operator at a meeting of the Zoning Commission, its findings with regard to <br />compliance with these regulations stating the said Commission's approval as <br />submitted; or, stating the Commission's disapproval and setting forth the <br />reasons, specifying the deficiencies that led to disapproval, and setting a reas- <br />onable time for correction of such deficiencies. <br />(9) The Indian River County Zoning Commission shall, upon approval <br />of the Mining Site Plan order issuance by the County Administrator of an Oper- <br />ating Permit to the owner of the land under his signature and such permit shall be <br />issued, within ten (10) days after the determination of compliance by the Zoning <br />Commission. <br />(10) Filing Fees <br />(a) The owner shall be required to file a fee with the application in <br />an amount to be established by Resolution of the Board of County Commissioners. <br />(b) There shall be an annual renewal fee of twenty-five ($25. 00) <br />dollars to be filed by the owner of said mining operation. The County shall in- <br />spect periodically, and at least once per year, the sand mining operation in <br />order to determine the said operation's conformance to the intent of this ordi- <br />nance. <br />(11) Bond <br />The County Administrator after sufficient review and prior to forward- <br />ing the mining site plan to the County Zoning Commission shall establish the <br />amount of bond, which bond shall be conditioned upon compliance with the site <br />plan as approved. In the event of failure to comply with the site plan and this <br />ordinance, this shall result in forfeiture of the bond to the Board of County Com- <br />missioners of Indian River County, Florida. The bond shall be $1,,000. 00 per <br />acre, with a minimum of $5, 000. 00, not to exceed $10, 000. 00. For the pur- <br />poses of the bond requirement, the owner or his agent shall divide the mining <br />operation into phases, not to exceed 20 acres each, which shall be shown on the <br />site plan. When one phase is completed and in conformance with the submitted <br />site plan, and in conformance with this Ordinance, the bond may be transferred <br />to the next phase under the Site Plan. This process shall be continued through <br />the completion of each mining operation. Only one 20 acre phase shall be mined <br />at a time. <br />(12) Permit Revocated <br />Operating Permits as defined in (9) may be suspended by the County <br />Administrator in the event of the owner and/or operators non-compliance with <br />-3- <br />
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