11/28/2018 11:56:33 AM
11/28/2018 11:37:11 AM
Agenda Item Number
State Filed Date
Amendments to Chapter 934, Excavating and Mining
Excavation Incidental to Development Projects
Conditions of the Mining Permit
Codified or Exempt
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ORDINANCE 2018- 024 <br />AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING <br />AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING <br />FOR AMENDMENTS TO CHAPTER 934, EXCAVATION AND MINING; BY AMENDING <br />SECTION 934.04, SUB -SECTION (7), EXCAVATION INCIDENTIAL TO DEVELOPMENT <br />PROJECTS; BY AMENDING SECTION 934.07(3), CONDITIONS OF THE MINING <br />PERMIT; AND BY PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING <br />PROVISIONS; INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND <br />EFFECTIVE DATE. <br />BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER <br />COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT <br />REGULATIONS (LDRS) CHAPTER 934, EXCAVATION AND MINING, BE AMENDED <br />AS FOLLOWS: <br />SECTION 91: <br />Amend LDR Section 934.04, "Exemption" by amending 934.04(7) "Excavation incidental <br />to development projects"; as follows: <br />(7) Excavation incidental to development projects. <br />(a) Small-scale transfer of excess material. Excavation incidental to any authorized <br />Indian River County development order or permit, excluding permits for <br />individual single-family homes and single-family ponds on individual lots or <br />parcels, including approved site plans, subdivision plats, final development plans <br />and/or building permits, shall be exempt if no more than five thousand (5,000) <br />cubic yards of excavated materials are transferred from the project site. Prior to <br />transfer of material from the project site, the project developer shall apply for and <br />obtain a temporary use permit (TUP) from the community development director <br />or his designee for such transfer of material. The authorized transfer of material <br />from a development project site to adjacent right-of-way shall be considered the <br />same as transfer of material within the boundaries of the development project site. <br />Transfer of material off site shall occur within a continuous period ("window") of <br />time not to exceed two (2) months and be limited to the hours of 7:00 a.m. and <br />5:00 p.m. Monday through Friday. This paragraph shall not be construed to <br />exempt excavation activities resulting in the creation of a waterbody from <br />satisfying the littoral zone and water management standards of subsection <br />934.06(1). <br />(b) Medium -scale transfer of excess material. For excavation incidental to authorized <br />site plans, subdivisions, or planned developments, excavation material transferred <br />from the project site may exceed five thousand (5,000) cubic yards, provided that: <br />1. The extraction process and hauling of excavated materials from the project <br />site is completed within a two (2) month continuous period of time beginning <br />with the initial transfer of material off the development project site. The <br />transfer of material off site shall not occur until a county land development <br />permit has been issued, a land development permit waiver has been granted, <br />Stfike &eu& Deleted Text from Existing Ordinance 1 <br />FACommunity Development\CurDev\Ordinances\20180rdinances\2018- 934.04(7)and934.07(3)Mining.docx <br />
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