HomeMy WebLinkAbout1986-20ORDINANCE NO. 86 - 20
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 25,
GENERAL PROVISIONS, OF APPENDIX A OF THE CODE OF LAWS
AND ORDINANCES, KNOWN AS THE ZONING CODE, BY RECREATING
SUBSECTION 25 (R) MINING AND EXCAVATION; PROVIDING FOR
CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, Indian River County previously had a Mining and
Excavation ordinance contained in subsection 25 (R) of the
General Provision section of the Zoning Code; and
WHEREAS, the General Provisions section of the Zoning Code
underwent a comprehensive amendment through the enactment of
Ordinance No. 85-44; and
WHEREAS, Ordinance No. 85-44 indicated that subsection 25
(R) would be reserved rather than be retained; and
WHEREAS, it was not the intent of, the Board of County
Commissioners to repeal subsection 25 (R): Mining and Excavation,
through the enactment of the Ordinance No. 85-44; and
WHEREAS, the Board of County Commissioners desires to
regulate Mining and Excavation activities;
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Indian River County, Florida, that:
SECTION 1
That subsection 25 (R) of the General Provisions section of
the Zoning Code is recreated as follows:
(r) Mining and excavation.
(1) Definition. For the purpose of this ordinance,
"sand mining" shall mean the digging, stripping or
removal by any process of natural materials or
deposits from their natural state and location,
said materials and deposits to include rock,
stone, minerals, shell, sand, marl, muck, and
soil, but not including sod. Sand mining as used
herein shall not include digging for foundations,
fences, drainage ditches, structures or incidental
to construction work, wherein no materials are
removed from the premises, except surplus not
required for backfill or grading of the premises.
Mining shall be further defined to include oil
and/or natural gas drilling or excavation.
(2) Intent. The process of hydraulic mining lends
itself to an operation that need have little
effect or no adverse effect on ecological,
environmental or pollution characteristics. The
following is criteria to be considered in mining
or excavation activities as defined under the
Indian River County Ordinance # 85-45:
ORDINANCE NO. 86 - 20
a. Sand mining, conducted in conformance with
this ordinance, lends itself to virtually one
hundred (100) per cent recirculation of water
and does not contribute to either air or
water pollution. Sand mining need not have
any adverse effect on adjoining properties.
b. Sand mining is a temporary use with no
adverse long range effect on the ultimate
utilization of the land for normal purposes.
c. Sand mining conducted in accordance with a
predetermined plan, lends itself to the
enhancement of land values; to total
reclamation of the land, to significant
contribution to water conservation and
storage without undue economic burden to the
operator.
e. Indian River County shall promote the maximum
ultimate environmental, aesthetic and
economic values that can be produced at any
given site.
f. The promotion of increased water storage
facilities, such as lakes and connecting
canals, that can be and logically are,
created in this process; the increased
aesthetic quality of such lakes and
waterways; the increased development
potential, and, the related increase in terms
of taxable value; or the increased potential
for conservation and/or public recreation
areas, are clearly in the public interest and
proper concerns for public regulations.
(3) Permitted uses. Mining and/or excavation involves
relatively limited process of product preparation.
The following related activities shall be
permitted:
a. The clearing of land and stripping of
overburden necessary to reach the deposit.
County
b. Excavation
be
d. Public
policy
of
Indian River
shall
that sand mining
be conducted
in a proper
manner that
will
best contribute
to long
range public
benefit
within the
reasonable
limits of economic
feasibility
as a normal
cost of doing
business
in the
industry.
e. Indian River County shall promote the maximum
ultimate environmental, aesthetic and
economic values that can be produced at any
given site.
f. The promotion of increased water storage
facilities, such as lakes and connecting
canals, that can be and logically are,
created in this process; the increased
aesthetic quality of such lakes and
waterways; the increased development
potential, and, the related increase in terms
of taxable value; or the increased potential
for conservation and/or public recreation
areas, are clearly in the public interest and
proper concerns for public regulations.
(3) Permitted uses. Mining and/or excavation involves
relatively limited process of product preparation.
The following related activities shall be
permitted:
a. The clearing of land and stripping of
overburden necessary to reach the deposit.
c. Washing, grading and stockpiling of
materials.
d. Diking, channel digging and drainage as
necessary to store, retain and circulate
water and to interconnect mining pits.
e. Related activities serving the above.
(4) Areas, boundaries and zoning classification.
These provisions shall apply to sand mining
operations, where -ever conducted, and shall be
considered to be a use requiring an administrative
permit in the A-1, Agricultural District.
desired
b. Excavation
and/or
extraction of
the
aggregate.
c. Washing, grading and stockpiling of
materials.
d. Diking, channel digging and drainage as
necessary to store, retain and circulate
water and to interconnect mining pits.
e. Related activities serving the above.
(4) Areas, boundaries and zoning classification.
These provisions shall apply to sand mining
operations, where -ever conducted, and shall be
considered to be a use requiring an administrative
permit in the A-1, Agricultural District.
ORDINANCE.NO. 86 - 20
(5) Permitting. Any proposed new sand mining
operations shall file a mining site plan prior to
any work, for the approval of the Indian River
County Planning and Zoning Commission. A permit
shall not be issued for any site plan exceeding
twenty (20) acres.
(6) Conditions of a permit.
a. The land surface shall be restored to a
condition which is in complete compliance
with the site plan for reclamation and
rehabilitation of the area. This shall be
done concurrently with the mining operation
of each calendar year. Mining shall not be
carried on within one hundred and fifty (150)
feet of the projected right-of-way line of
any existing or proposed public road nor
within one hundred and fifty (150) feet of
the outer perimeter of the land area. Where
a mining operation consists only of the
removal of a mound and does not consist of
lowering the elevation of ground below the
neighboring property, an exception to the one
hundred fifty (150) foot outer perimeter
setback may be permitted at the time of the
site plan approval. All slopes and banks
shall be sloped at a ratio of 3:1, graded,
and dressed up.
b. Permanent boundary corners with intermediate
stakes at minimum interval of three hundred
(300) feet, and all limits of excavation
shall be staked, marked and maintained with
visible flags in the field, in accordance
with approved plans for permit.
(7) Provisions for continuing operation. Nothing
herein shall be construed as a requirement that an
operator of an existing sand mine shall cease
operations until a mining site plan has been
approved, provided a mining site plan has been
previously approved and maintained.
(8) Review and findings by the Indian River County
Planning and Zoning Commission. Upon submission
of a mining site plan to the Indian River County
Planning and Zoning Commission, the commission
shall within thirty (30) days, notify the operator
at a meeting of.the commission, of its findings
with regard to compliance with these regulations
stating the said commission's approval as
submitted; or, stating the commission's
disapproval and setting forth the reasons,
specifying the deficiencies that led to
disapproval, and setting a reasonable time for
correction of such deficiencies.
(9) [Operating permits.] The Indian River County
Planning and Zoning Commission shall, upon
approval of the mining site plan, order issuance
of an operating permit to the owner of the land
under his signature, and such permit shall be
issued, within ten (10) days after the
determination of compliance by the commission.
;1
ORDINANCE NO. 86 - 20
(10) Filing fees.
a. The owner shall be required to file a fee
with the application in an amount to be
established by resolution of the board of
county commissioners.
b. There shall be an annual renewal fee of
one hundred dollars ($100.00) to be filed by
the owner of said mining operation. The
county shall inspect periodically, and at
least once per.year, the sand mining
operation in order to determine the said
operation's conformance to the intent of this
ordinance.
(11) Bond. The county administrator after sufficient
review and prior to forwarding the mining site
plan to the county zoning commission shall
establish the amount of bond, which bond shall be
conditioned upon compliance with the site plan as
approved. In the event of failure to comply with
the site plan and this ordinance, this shall
result in forfeiture of the bond to the board of
county commissioners of Indian River County,
Florida. The bond shall be one thousand dollars
($1,000.00) per acre, with a minimum of five
thousand dollars ($5,000.00), not to exceed ten
thousand dollars ($10,000.00). For the purposes
of the bond requirement, the owner or his agent
shall divide the mining operation into phases, not
to exceed twenty (20) acres each, which shall be
shown on the site plan. When one phase is
completed and in conformance with the submitted
site plan, and in conformance with this ordinance,
the bond may be transferred to the next phase
under the site plan. This process shall be
continued through the completion of each mining
operation. Only one twenty -acre phase shall be
mined at a time.
(12) Permit revoked. Operating permits, as defined in
paragraph (9), may be suspended by the county
administrator in the event of the operator's
noncompliance with the approved mining site plan
upon due notification of reasons for the
determination of noncompliance and provision of
reasonable opportunity for correction of the
deficiency. All mining operations shall stop
during the period of suspension.
(12a)Appeals. Any person receiving written notice of
suspension of the operating permit from the county
administrator may within fifteen (15) days
following the date of such notice enter an appeal
in writing to the board,of county commissioners of
Indian River County, Florida. Such appeal shall
state the location of the property, the date of
the notice of violations, and the number of such
notice. The board of county commissioners after
holding a hearing on this appeal may continue the
suspension, modify the suspension, revoke the
operating permit, or reverse the decision of the
county administrator.
No appeal filed later than fifteen (15) days
after the date of such notice shall be acted upon
by the board of county commissioners, unless the
county administrator shall consent thereto.
ORDINANCE NO. 86 - 20
(12b)Violations and penalties. Any person, firm or
corporation, or anyone acting in behalf thereof,
who shall violate or fail to comply with any of
the provisions of this ordinance shall be guilty
of a misdemeanor punishable as provided by law.
Each day after the first seven (7) days that a
violation of this ordinance is continued or
permitted to exist without correction shall
constitute a separate offense. The board of
county commissioners may enforce the provisions of
this zoning ordinance by seeking injunctive relief
or any other remedies provided by law.
(13) Annual progress report. The operator holding a
valid operating permit shall file, on or before
October 1 of each year, a written report with the
planning and zoning commission reviewing the
reclamation progress for the preceding calendar
year and identifying lands expected to be mined
and lands planned for reclamation during the
current year.
(14) Effect of failure to file annual progress report.
Failure to file the required annual progress
report shall be grounds for suspension of the
operating permit; however, an extension of time
for filing may be'granted by the planning and
zoning commission upon request and for reasonable
cause.
the County Code and the word "ordinance" may be changed to
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
SECTION 3
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or
word of this ordinance is for any reason held to be
unconstitutional, inoperative or void, such holdings shall not
affect the remaining portions hereof and it shall be construed to
have been the legislative intent to pass this ordinance without
such unconstitutional, invalid or inoperative part.
(15) Applications
for
permits.
Applications
for
permits
shall be
submitted
in accordance
with the
provisions
established
by
resolution of
the board
of county
SECTION
commissioners.
2
CODIFICATION
The provisions
of
this
ordinance
shall
be incorporated into
the County Code and the word "ordinance" may be changed to
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
SECTION 3
SEVERABILITY
If any section, part of a sentence, paragraph, phrase or
word of this ordinance is for any reason held to be
unconstitutional, inoperative or void, such holdings shall not
affect the remaining portions hereof and it shall be construed to
have been the legislative intent to pass this ordinance without
such unconstitutional, invalid or inoperative part.
ORDINANCE NO. 86 - 20
EFFECTIVE DATE
The provisions of this ordinance shall become effective upon
receipt from the Florida Secretary of State of official
acknowledgement that this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County Commissioners of
Indian River County, Florida on this 26th day of February 1986.
By /_ C
Don C, Scurlock, Jr. Pairman
Acknowledgment by the Department of State of* -.the State of Florida
this 10th day of March , 1986.
Effective Date: Acknowledgment from the Department of State
received on this 17th day of March 1986, at 10:00
A.M./P.M. and filed in the office of the Clerk of the Board of
minty Commissioners of Indian River County, Florida.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY.
Bruce Barkett, Assistant County Attorney
General Provision Ord.
RICH2