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ORDINANCE 2012-012 (h) To provide gaps in haul truck traffic on haul routes and prevent significant haul truck backups at haul route/major road intersections, the following truck frequency standards shall be satisfied: 1. A mining operator shall limit the frequency of haul truck trips to and from his mining operation on two-lane roads to no more than one hundred twenty (120) trip ends per hour, with trips ends as defined in subsection (4)(i) above. This frequency standard may be exceeded for delivery of materials to special or large projects if the operator first obtains approval from the Public Works Director of a maintenance of traffic plan. Such plan shall include a coordinated hauling schedule if a shared haul route is used and method of maintaining acceptable traffic flow to provide "gaps" for nonproject traffic along the haul route. Said plan may also require additional improvements to or security for maintaining the haul route, and may require coordination with other mining operators. 2. Along a two-lane haul route segment, cumulative haul truck trips shall not exceed two hundred forty (240) trip ends per hour, with trip ends as defined in subsection (4)(f) above. 3. To aid the county in monitoring haul truck trip frequency, applicants shall provide haul truck log information to the Public Works Director or his designee, upon request. (i) Where one (1) or more haul route segments are shared by more than one (1) mining operation, the operators of the affected mines shall obtain public works approval of a haul route improvement and maintenance plan that addresses shared responsibilities and use of posted security in the event that one (1) or more parties fail to perform its fair - share maintenance. SECTION #2: SEVERABILITY. If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #3: REPEAL OF CONFLICTING ORDINANCES. The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. Bold Underline: Additions to Ordinance 3 Strike Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\Ordinances\2012\Cairns934.doc