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HomeMy WebLinkAbout1988-21INDIAN RIVER COUNTY ORDINANCE N0. 88 -21 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, REPEAL- ING SECTION 25(r), MINING AND EXCAVATION, APPENDIX A, ZONING, INDIAN RIVER COUNTY CODE OF LAWS AND ORDI- NANCES; CREATING A NEW SECTION 25(r), EXCAVATION AND MINING; PROVIDING FOR PURPOSE; PROVIDING FOR DEFINI- TIONS; SPECIFYING PROHIBITED ACTIVITIES; PROVIDING FOR PERMIT EXEMPTIONS; PROVIDING WATER MANAGEMENT REGULATIONS FOR EXCAVATED LAKES; PROVIDING MINING PERMIT REGULATIONS; ESTABLISHING CRITERIA FOR HAULING FILL ON PUBLIC AND PRIVATE ROADS; PROVIDING FOR FEES; PROVIDING FOR DURATION AND COMPLETION OF PERMITS; PROVIDING FOR INSPECTION AND REVOCATION OF PERMITS; PROVIDING FOR APPEAL; PROVIDING FOR PENALTIES AND ENFORCEMENT; AMENDING SECTION 25.1(t) OF THE ZONING CODE; AND PROVIDING FOR CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, Section 125.01(1)(g), Florida Statutes (1985) provides that the governing body of a county may enforce compre- hensive plans for the development of the county; and WHEREAS, Section 163.3201, Florida Statutes, requires that a governing body adopt appropriate regulations on the deve- lopment of lands and waters to implement its comprehensive plan; and WHEREAS, Indian River County has adopted a Comprehensive Plan which includes provisions for preservation of native plant communities, maintenance and improvement of water quality in the County's lakes, rivers, and wetlands, and protection of ground- water from negative development impacts; and WHEREAS, Section 125.01(1)(j), Florida Statues (1985) provides that the governing body may establish and administer programs of conservation and drainage, and WHEREAS, this Board has determined that is in the best interest of the citizens of Indian River County, Florida, to amend its existing mining regulations; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: Section 25(r), Mining and Excavation, Appendix A, Zoning, of the Code of Laws and Ordinances, is hereby repealed and a new Section 25(r), Excavation and Fill, is created as follows. (r) Excavation and mining. (1) Purpose. The Indian River County Board of County Commis- sioners hereby finds that in order to prevent public nuisances, safety hazards and damage to private and public property in the excavation of land, and in order to protect the environment, including the quality and quantity of ground and surface waters, it is necessary to regulate excavation activities, including mining, in Indian River County. (2) Definitions (a) Agriculture use. Activities listed as "permitted agricultural uses" in accordance with Section 4(A)(b)(1), Appendix A, Zoning, of the County Code. (b) Atlantic Coastal Sand Ridge. A prehistoric geologic formation located parallel and proximate to U.S. Highway #1 in Indian River County. For the purpose of the ORDINANCE NO. 88 - ordinance, the Sand Ridge shall be characterized by having a combination of the following attributes: (1) The substrate is predominantly excessively drained deep sandy soils or associated moderately well drained soils, being one or more of the following: Paola, St. Lucie, Astatula, Archbold, Pomello, Orsino, and/or Jonathan soil series (as verified by the Soil Conservation Service); (2) The land supports predominantly sand pine (Pinus clausa) and associated scrub vegetation; and/or (3) The natural topographic elevation is equal to or greater than 25 feet mean sea level (MSL). (c) Banktop. The point where the upward slope of the land from the water surface, or the bottom of a dry excava- tion intersects with the existing ground elevation or crest of berm, whichever is of higher elevation. (d) Control elevation. That height above sea level establi- shed for a surface water management system and its control structures by the St. John's Water Management District through the analysis of engineering criteria for such systems and flood routing calculations, or as determined by the Indian River County Engineer where St. John's Water Management District permits are not required. (e) Excavation. The removal of any rock, gravel, soil, shellrock or mineral from the ground where such removal is incidental to any Indian River County Development Order or permit, including approved site plans, subdivi- sion plats, final development plans and/or building permits. Where excavation is associated with con- struction of a single family residence, and such exca- vation is not authorized through any Indian River County Development Order or subdivision plat, all excavated materials in excess of 1,000 cubic yards shall remain on site. (f) Extended Littoral Zone Shelf. The most landward extent of the Littoral Zone, located between control elevation and one vertical foot above control elevation. This segment of littoral zone receives intermittent inunda- tion and is the area where trees are to be planted in association with implementation of water management standards as contained herein. (g) Mine Abandonment. The cessation of mining activities including but not limited to excavation, dewatering, stockpiling, and removal of material offsite for a period of more than one year as reflected in the annual mining report. (h) Mining. The excavation of more than 5,000 cubic yards of rock, gravel, soil, shellrock or minerals from any project site in any calendar year, where the excavated material is hauled from that project site to another location across any public road or any private road, except for those private roads solely within the appli- cant's property. (i) Low water elevation. The normal water table for January to March as determined by the County Engineer. (j) Project site. That portion of the real property which is being excavated or mined, together with all property ORDINANCE NO. 88 - within 100 feet of the perimeter of the excavation, or mining activity. (k) Waterbody. Any natural or artificial pond, lake, reservoir or similar area which ordinarily contains water and which has a discernible shoreline. (1) Wetlands. Wetlands shall be defined as set forth in Section 23.3(f), Natural Resources Protection, Appendix A. Zoning, of the County Code of Laws and Ordinances, as currently adopted or hereafter amended. (3) Prohibited activity. It shall be illegal and subject to penalties provided herein for any person, association, corporation or other entity to excavate, or mine (as defined herein) any real property in Indian River County, without first obtaining a mining permit for such activity, except as exempted in Section 25(r)(4) of this ordinance. It shall also be unlawful for any excavation, or mining activity governed by a county permit issued in accordance with this ordinance to occur contrary to the conditions of such permit, subject to the penalties provided herein. (4) Exemptions. The following activities shall be exempted from the permitting requirements of this ordinance. (a) Agricultural use projects, including agricultural drainage canals, and irrigation work incidental to agricultural operation and stockwatering ponds, provided that: (1) The property is agriculturally zoned, or if the property is not so zoned, the agricultural use project is allowed in accordance with Section 25(j), Nonconformities, of the County Zoning Code; (2) No excavated material is removed from the subject property; (3) No excavation shall take place within fifty (50) feet of the property line; however, a ditch or canal may be excavated within fifty (50) feet of or along the property line, if written approval is obtained from affected property owners. (4) Wetlands are protected from the excavation ac- tivity, in accordance with the provisions of this ordinance. (b) Earth moving in conjunction with the installation of a utility, wherein the excavation is to be backfilled. (c) Construction of state, federal, or local public roads and public works within the limits of public property. (d) Graves. (e) Approved sanitary landfills. (f) Any activity regulated by the Florida Electrical Power Plant Siting Act and the Transmission Line Siting Act (Part II, Chapter 403, F.S.) to the extent that the provisions of this ordinance are pre-empted by said Acts. Maintenance activities undertaken by a public utility as defined in Section 366.02, F.S. (1983) with regard to existing electrical power plants, their reservoirs and other related facilities. ORDINANCE NO. 88 - (g) Any excavation incidental to any authorized Indian River County development order or permit, including approved site plans, subdivision plats, final development plans and/or building permits, whereby no more than 5,000 cubic yards of excavated materials are removed from the premises. This paragraph shall not be construed to exempt excavation activities resulting in the creation of a waterbody, except as specifically exempted in Section 25 (r) (4) (i) , relating to ponds on single-family residential lots. (h) Maintenance dredging of lakes or canals. (i) A pond on a single-family residential lot, provided that: (1) the pond is no greater than acre in size or 35% of the lot, whichever is more restrictive; (2) no excavation takes place within fifty (50) feet of the lot property line; (3) the excavation does not disturb any existing wetland; (4) pond depth does not exceed 12 feet; (5) side slopes are not greater than one foot (1) vertical to four feet (4) horizontal, (6) there will be no hauling of excavated material from the property; and (7) a pond permit is obtained from the County Planning Division. (5) Water management standards Any excavation or mining activity in the unincorporated county which results in the creation or expansion of a waterbody (as defined in Section 25(r)(2)) shall be subject to the following standards, except as specifically exempted in Section 25(r)(4) of this ordinance: (a) A littoral zone shall be established as part of any created waterbody. A design and management plan must be submitted which shall: (1) include a topographic map of the proposed littoral zone showing the control elevation contour and the minus two and one-half (-21) foot control water elevation contour, and include a cross-sectional view of the littoral zone planting design, showing the required slopes from the top of the bank to a depth of two and one-half (212) feet below the control water elevation, (2) specify how vegetation is to be established, including the extent, method, type and timing of any planting provided, (3) provide a description of any water management procedures to be followed in order to ensure the continued viability and health of the littoral zone; (4) include a plan view which documents the location and extent of the littoral zone. ORDINANCE NO. 88 - (b) The established littoral zone shall consist of native vegetation, and shall be maintained permanently as part of the waterbody. All landscaping, littoral zone revegetation plans and lake management plans shall comply with St. John's River Water Management District rules. (c) Within extended littoral zone shelves (at the landward base of the littoral zone side slopes), the applicant is required to provide a minimum of one tree for every five hundred (500) sq. ft. of littoral zone coverage. The proposed trees must be a minimum size consistent with Florida Division of Forestry seedlings (10" tall at planting depth) and consist of native, freshwater wetland varieties (e.g. red bay, red maple, bald cypress, etc.). (d) The slopes of the waterbody areas from top of bank to the littoral zone area shall not exceed one (1) foot vertical to three (3) feet horizontal. Littoral zones and extended littoral zone shelves shall be located within an area bounded by a landward limit of one (1) foot above the control water elevation and a waterward limit of two and one-half (2Z) feet below the control water elevation. The amount or area of littoral zone shall be computed at a rate of fifteen (15) square feet of littoral zone (below control elevation) per linear foot of shoreline. The littoral zone slope shall not be steeper than an average slope of one (1) foot vertical to six (6) feet horizontal, and the littoral zone need not be established in a continuous band around the waterbody. Although no minimum slope below the littoral zone is required, the slope below the littoral zone shall be constructed so that natural soil movement will not reduce the littoral zone area. (e) There will be no significant adverse off-site impact on groundwater quality or groundwater levels. In the event of dewatering associated with excavations (including mining), the applicant shall present evidence that no salt -water intrusion and/or reduction in quality or quantity of well water available to properties within 1/4 mile of the permitted activity will occur. (f) The water management system, i.e., swales and inter- connected wetlands and lakes, must be specifically designed to inhibit siltation and the eutrophication processes. To ensure this, the applicant must submit an environmental management and lake monitoring plan, specifying the method for monitoring the system and corrective action should eutrophication and/or siltation occur. (h) A 20 foot wide access maintenance easement shall be provided for every 1,000 feet of shoreline. This easement shall extend from below control elevation of the lake to a public or private road right-of-way. (6) Mining permit regulations. (a) Applicability. A county mining permit shall be required for any mining activity (as defined herein) in the unincorporated county, except as exempted in Section 25(r)(4) of this ordinance. Any request for a mining permit shall be considered an application for site plan approval, and the procedures set forth in Section 23.1 of this code shall be followed. The provisions of this section shall be considered as conditions to the admin- istrative permit use or special exception use as allowed ORDINANCE NO. 88 - and specified in Section 25.1(t), Earthmoving Uses, Appendix A, Zoning, of the County Code. (b) Application procedures. Mining permit applications shall be made in the Community Development Department, in accordance with site plan submittal requirements set forth in Section 23.2, Appendix A, Zoning, of the County Code. The site plan application must also demonstrate that, in addition to conformance with all County codes, the conditions of the mining permit are met as specified herein. Specific submittal requirements shall include: (1) A mining plan, including: (a) Plan view and cross-sections of mining area, (b) Amount of fill to be removed; (c) Timetable of mining activity; (d) Method of mining, (e) Hours of operation; and (f) Safety/security plan. (2) A restoration plan, including: (a) A description of the eventual future use of the site, and (b) Final grades of the site. (1) The maximum project -site development phase for mining activities shall not exceed 20 acres per phase. (2) No mining shall occur within one hundred and fifty (150) feet of a projected right-of-way line of any existing or proposed public road, nor within 150 feet of the outer perimeter of the project site. 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 150 feet setback may be permitted at the time of site plan approval. (3) Any mining activity that results in the creation or expansion of a waterbody shall be subject to the provisions of Section 25(r)(5), water management standards, of this ordinance. Projects creating waterbodies must also provide a safety/security plan for the mining operation phase, including, but not limited to, fences, access, control, and other security methods. (4) If the project site is of a size that falls below Saint Johns River Water Management District permitting thresholds and is located (in whole or part) on the Atlantic Coastal Sand Ridge, no excavation governed by a mining permit shall result in an average elevation of less than twenty-five (25) feet mean sea level (MSL) for that portion of the project site located on the Sand Ridge. Mining project sites that are large enough to fall within Saint Johns Water Management District (SJRWMD) permitting requirements shall conform to SJRWMD permitting requirements concerning depth of mining and all other applicable SJRWMD permitting requirements. (c) Conditions of the mining permit. (1) The maximum project -site development phase for mining activities shall not exceed 20 acres per phase. (2) No mining shall occur within one hundred and fifty (150) feet of a projected right-of-way line of any existing or proposed public road, nor within 150 feet of the outer perimeter of the project site. 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 150 feet setback may be permitted at the time of site plan approval. (3) Any mining activity that results in the creation or expansion of a waterbody shall be subject to the provisions of Section 25(r)(5), water management standards, of this ordinance. Projects creating waterbodies must also provide a safety/security plan for the mining operation phase, including, but not limited to, fences, access, control, and other security methods. (4) If the project site is of a size that falls below Saint Johns River Water Management District permitting thresholds and is located (in whole or part) on the Atlantic Coastal Sand Ridge, no excavation governed by a mining permit shall result in an average elevation of less than twenty-five (25) feet mean sea level (MSL) for that portion of the project site located on the Sand Ridge. Mining project sites that are large enough to fall within Saint Johns Water Management District (SJRWMD) permitting requirements shall conform to SJRWMD permitting requirements concerning depth of mining and all other applicable SJRWMD permitting requirements. ORDINANCE NO. 88 - (5) If the project site is adjacent to a residential zoned area, the perimeter of the site abutting such an area shall include a 50 foot wide bufferyard and Type "A" screening along said site boundary. (6) No crusher, mixing plant, bin, tank, or structure directly involved in the production process shall .be located less than six hundred (600) feet from any adjacent residentially zoned property, and two hundred fifty (250) feet from all other adjacent non -residentially zoned property. (7) Hard rock mining activities shall ensure that measures are taken to control dust. (8) The Indian River County Planning and Zoning Commis- sion 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. (9) 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. (10) The Planning and Zoning Commission (administrative permit) and the Board of County Commissioners (special exception) shall approve a reasonable timetable for the completion of all mining activ- ities, including restoration. (1) Applicants operating in the A-1, Agricultural District, where the project does not abut a sin- gle-family residential district, shall not be limited to specific hours of operation unless a determination is made by the Planning and Zoning Commission concerning the need of limiting hours of operation due to the anticipated impact of the mining operation on surrounding properties. Applicants operating in residential zoning dis- tricts shall be permitted to operate between the hours of 7:00 a.m. to 5:00 p.m. on weekdays; operation on Saturday and Sunday and/or operation other than 7:00 a.m. to 5:00 p.m. may be permitted by the -Board of County Commissioners if the impact of the mining operation on surrounding properties will not constitute a nuisance to the neighborhood. (2) 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. 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 (d) Operating conditions of mining. (1) Applicants operating in the A-1, Agricultural District, where the project does not abut a sin- gle-family residential district, shall not be limited to specific hours of operation unless a determination is made by the Planning and Zoning Commission concerning the need of limiting hours of operation due to the anticipated impact of the mining operation on surrounding properties. Applicants operating in residential zoning dis- tricts shall be permitted to operate between the hours of 7:00 a.m. to 5:00 p.m. on weekdays; operation on Saturday and Sunday and/or operation other than 7:00 a.m. to 5:00 p.m. may be permitted by the -Board of County Commissioners if the impact of the mining operation on surrounding properties will not constitute a nuisance to the neighborhood. (2) 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. 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 ORDINANCE NO. 88 - sloped at a ratio of not steeper than 3 feet horizontal to 1 foot vertical, graded, grassed and stabilized. (3) Permanent project boundary corners with inter- mediate stakes at a 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. (4) Annual progress report. The operator holding a valid mining permit shall file, on or before October 1 of each year, a written report with the Community Development Department identifying the lands mined and reclaimed for the preceding calen- dar year and identifying lands expected to be mined and lands planned for reclamation during the current year. The report shall also verify compli- ance with all conditions of other permitting authorities and shall note the expiration dates for all permits. 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. (e) Requirement of Bonds. (1) Intent. Compliance and restoration bonds shall be posted to ensure that the site is developed, operated, and restored in conformance with the approved mining site plan. The compliance bond can be assessed as a penalty only to.violations of site plan approval that are chargeable to the mining permit holder, and those under his supervision, direction, or control. The restoration bond is to provide funds to restore the site. (2) Amount. The compliance bond shall be posted in the amount of one -thousand dollars ($1,000.00) per acre of project site with a minimum of five thousand dollars ($5,000.00). The restoration bond shall be posted in the amount of one -thousand dollars ($1,000.00) per acre of excavation with a minimum of five thousand dollars ($5,000.00). (3) Phasing. When one phase of 20 acres or less is completed and in conformance with the submitted site plan for reclamation and rehabilitation, and in conformance with this ordinance, the compliance and restoration bonds may be transferred to the next phase under the approved site plan. More than one phase at a time may be mined concurrently, however, each phase shall be fully bonded, as required by this ordinance. (4) Renewal. Within 30 days preceding bond expiration, a bond renewal or new bond, in a form and amount approved by the Community Development Director and County Attorney, must be on file in the Community Development Department. This process shall be continued through the completion of each mining operation. (5) Forfeiture. Upon a finding of non-compliance with this ordinance or the approved mining site plan or reclamation site plan, or failure to renew bonds ORDINANCE NO. 88 within 30 days of expiration, the Community Devel- opment Director shall notify the permit holder in writing of the non-compliance and the pending forfeiture of the compliance and/or restoration bond. This notice shall also include notice of the appeal process. (a) The compliance bond shall be forfeited for violating the conditions of site plan approval including, but not limited to unapproved off-site discharge of water, failure to confine hauling to approved hauling routes, operating in violation of the safety/security plan, excavating within required setbacks, mining of additional phases prior to restora- tion of the previous phase, and activity not consistent with permits issued by other jurisdictional agencies. Upon appeal by the applicant, the Board of County Commissioners may, upon findings of fact, determine that the violation did not occur or was insignificant and may return all or part of the compliance bond. (b) The restoration bond shall be forfeited for violating the conditions of restoration plan approval including, but not limited to mine abandonment prior to restoration, restoration not completed within the approved time frame, restoration not consistent with Water Manage- ment Standards as contained in Section 25(r)(5) of this code, and restoration activi- ty not consistent with permits issued by other jurisdictional agencies. The County shall use the funds to restore the site in conformance with the approved site plan. Any funds remaining after the com- pletion of the work shall be returned to the bond holder. (6) Appeals. (a) Any person receiving written notice of suspen- sion of a permit and bond forfeiture 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 grounds or basis of the appeal. The Board of County Commissioners, after holding a hearing on this appeal, may continue the suspension, modify the suspension, revoke the operating permit, call for forfeiture of any bonds, or reverse the decision of the Community Development Director. (b) 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. (11 Use of public and private roads. Any mining permit issued pursuant to this ordinance shall be subject to the following provisions: ORDINANCE NO. 88 - (a) The applicant shall ensure that neither public nor private property will be damaged by the hauling of mined materials and that hazardous traffic conditions will not be created. All such applications shall identify an authorized fill hauling route. If private roads or easements are intended to be used, written permission shall be submitted from the person or persons owning said road or easement as part of the application mate- rials. No load limits shall be exceeded along the haul route. (b) Where deemed necessary by the County Engineer, mats, culverts, ramps, or paved drives shall be placed at entrances and/or exits of haul sites in such positions that pavement edges, shoulders, curbs, and sidewalks will be protected from damage. (c) If any of the hauling route is over county maintained, unpaved roads, the permittee must maintain that section of the hauling route during the hauling operation, and security for this purpose may be required, as determined by the County Engineer. (d) Where vehicles hauling excavated materials use public roads, such vehicles shall be covered in a manner to prevent fill spillage, to the satisfaction of the County Engineer. (e) All hauling vehicles shall have the trucking company name (or truck owners name if vehicle is privately owned) prominently displayed on the sides of the vehicle. (()/ Duration and completion of permits. (a) All permits shall expire one (1) year from the date of P ssuance, except when otherwise authorized by a site plan or subdivision approval. A permit may be renewed by paying a renewal fee and filing an annual progress report demonstrating that the permit criteria have been met. The report must meet the specification of para- graph (b) of this sub -section. (b) For all permitted projects, a record drawing by a surveyor or engineer registered in the State of Florida shall be provided to the Community Development Depart- ment at the completion of the permitted project. The record drawings shall contain sufficient information to indicate that all of the requirements of this ordinance have been met, and shall include cross-sections of the excavation and a plan drawing which locates the extent of the excavation with dimensions to all property lines. (c) The permittee shall maintain a copy of the mining permit on the permitted site during the entire permit period. Said permit shall be fully visible at a location des- ignated in the application. (d) No permit shall be issued under this ordinance if a violation of this ordinance is existing on the subject property, nor shall any permits be issued to any person who is currently in violation of this ordinance. This section is not intended to prohibit the issuance of a C9) permit to correct any existing violation. Mining permit fees. (a) The applicant for a mining permit shall be required to file a fee with the application in an amount to be ORDINANCE NO. 88 - established by resolution of the Board of County Commis- sioners. (b) Permit renewal fees shall be one-half () the amount of the original fee. Violations and penalties. Violations of this article shall be punished as provided through forfeiture of the compliance bond in addition to general law. Any violation of this chapter is also subject to prosecution before the Indian River County Code Enforcement Board in accordance with applicable law and subject to penalties allowable under the code enforcement ordinance. Section 25.1(t)I Earth moving uses, Appendix A, Zoning, of the County Code of Laws and Ordinances, is hereby amended as follows: (t) Extractive uses (Administrative Permit and Special Excep- Criteria for tion) . (a) Districts Requiring Administrative Permit. Mining activities may be permitted within the A-1, Agricultural District upon receiving approval for an administrative permit as provided in Section 25.2 and after meeting the requirements defined below. (b).. Districts Requiring Special Exception. Mining activ- ities may be permitted within the RFD, RS -1, RS -2, RS -3, RS -6, RT -6, RM -3, RM -4, RM -6, RM -81 RM -101 RM -14, RMH-6, RMH-8, ROSE -4, CRVP, PRO, OCR, MED, CN, CL, CG, CH, IL, and IG districts upon receiving approval for a special exception as provided in Section 25.3 and after meeting the requirements defined below. (1) A site plan meeting all requirements of Sections 23.1 and 23.2 of the County Zoning Code. (2) A reclamation plan including littoral zone plan and water quality management plan, as applicable. (3) All mining activities must comply with Section 25 (r) , Excavation and Fill, Appendix A, Zoning, of the County Code. (4) All mining operations in the PRO, OCR, MED, CN, CL, CG, CH, IL, and IG zoning districts shall be incidental to any Indian River County Development order or permit, including approved site plans, subdivision plats, final development plans and/or building permit. (5) All mining sites shall have direct access to a collector or arterial roadway, access from a roadway of lessor fuctional classification may be approved by the Public works Director upon a finding that no significant adverse impact will affect.residential units on the subject road. (6) The site must not be located within 1,000 feet of any platted subdivision that is not serviced by public water. PART 3 CODIFICATION The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "section", Criteria for (c) mining operations: (1) A site plan meeting all requirements of Sections 23.1 and 23.2 of the County Zoning Code. (2) A reclamation plan including littoral zone plan and water quality management plan, as applicable. (3) All mining activities must comply with Section 25 (r) , Excavation and Fill, Appendix A, Zoning, of the County Code. (4) All mining operations in the PRO, OCR, MED, CN, CL, CG, CH, IL, and IG zoning districts shall be incidental to any Indian River County Development order or permit, including approved site plans, subdivision plats, final development plans and/or building permit. (5) All mining sites shall have direct access to a collector or arterial roadway, access from a roadway of lessor fuctional classification may be approved by the Public works Director upon a finding that no significant adverse impact will affect.residential units on the subject road. (6) The site must not be located within 1,000 feet of any platted subdivision that is not serviced by public water. PART 3 CODIFICATION The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "section", ORDINANCE NO. 88 -21 "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. 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 legis- lative intent to pass this ordinance without such unconstitution- al, invalid or inoperative part. EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowl- edgement 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 17th day of May 1988. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Don C. Scur Acknowledgement by the Department of State 61 the°Stat this 23rd day of May. 1988 r Effective Date. Acknowledgement from the Departme received on this 26th day of May 1'988, and filed in the office of the Clerk of the Boat Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY B Y L, William Collins Assistant County Attorney APPROVED AS TO PLANNING MATTERS BY5. , r Robert M. Keating AIC Community Development irector -1 Z - /Palle o county v V I Hpproved Date Admin �— Legal L f Budget % Dept,