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HomeMy WebLinkAbout1996-06i W - a kik T Z EA ORDINANCE NO. 96- 6 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FOLLOWING CHAPTERS OF THE LAND DEVELOPMENT REGULATIONS (LDRS): CHAPTER 901, DEFINITIONS; CHAPTER 902, ADMINISTRATIVE MECHANISMS; CHAPTER 910, CONCURRENCY MANAGEMENT SYSTEM; CHAPTER 911, ZONING; CHAPTER 912, SINGLE FAMILY DEVELOPMENT; CHAPTER 913, SUBDIVISIONS AND PLATS; CHAPTER 914, SITE PLAN REVIEW AND APPROVAL PROCEDURES; CHAPTER 915, PLANNED DEVELOPMENT (P.D.) PROCESS AND STANDARDS FOR DEVELOPMENT; CHAPTER 930, STORMWATER MANAGEMENT; CHAPTER 934, EXCAVATION AND MINING; CHAPTER 953, FAIRSHARE ROADWAY IMPROVEMENTS; CHAPTER 954, OFF-STREET PARKING; CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USE CRITERIA; CHAPTER 972, TEMPORARY USES; AND PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS, CODIFICATION, SEVERABILITY AND EFFECTIVE DATE. Be it ordained by the Board of County Commissioners of Indian River County, Florida that the Indian River County land development regulations (LDRs) be amended as follows: 1. Yards fronting subdivision road rights-of-way with buffers. Amend the definition of "Yard, front" as found in section 901.03 of the Definitions chapter of the land development regulations, as follows: "Yard, front: on interior lots the yard being the minimum horizontal distance between the structure and the street right-of- way. On multi -frontage lots (including corner lots) all yards which abut a street right-of-way are considered front yardso, with the following exception. For parcels adjacent to subdivision street rights-of-way, where the parcel is separated from the subdivision street by landscape improvements required by the subdivision ordinance and where the parcel cannot be accessed from the subdivision street, the portion of the parcel adjacent to the right-of-way shall be treated as a side yard where a side yard would exist, and a rear yard where a rear yard would exist, absent the right-of-way. On double frontage lots having frontage on opposite sides of the lot or parcel, the yard abutting the street with the lower functional classification as depicted on the county's thoroughfare plan map shall be the front yard. If both streets have the same functional classification, the yard adjacent to the front lot line having the shortest dimension shall be the front yard." 2. Subdivision road right-of-way buffering. Amend section 913.09(c)l. of the Subdivision and Platting chapter of the land development regulations, as follows: (C) Relation to existing streets. 1. Adjoining areas. The pattern of streets in new subdivisions shall provide for the continuation of existing streets from adjoining areas, or for their proper projection where adjoining land is not subdivided. Where a right-of-way is proposed to be located adjacent to a parcel not located in the proposed subdivision, and where the adjacent property will not be accessed from the proposed right-of-way, buffering satisfying the requirements of section 913.09(C)(5) shall be provided between the adjacent property and the proposed subdivision street. Coding: Words in . . -. . type are deletions from existing law. Words underlined are additions. 3. Correcting scrivener's error: subdivision cul-de-sac standard. Amend subdivision and platting ordinance section 913.09(3)(D)2. as follows: 2. All cul-de-sacs shall terminate with a circular right-of- way having a minimum outside diameter of one hundred ( 100 ) feet and a pavement . • diameter of no less than seventy-five (75) feetISMOMMUSIMM. If closed drainage is constructed, the right-of-waymay be reduced to eighty-eight (88) feet (see figure). Reduction in the amount of surety required, other than a final draw or reduction, may be authorized by the public works director after completion of any distinct and separable phase or portion of the required improvements. The amount of any given reduction shall not exceed eighty (80) percent of the cost of the completed work, as determined by the public works director following review of a cost estimate for said work prepared and certified by the developer's engineer. A reduction in construction security shall not be construed as acceptance of the improvements. •_ -• - • - • - provided elsewhere in establishment of proper required. mal acceptance this chapter, maintenance shall occur as and only upon security, where 5. Correcting scrivener's error: paragraph numbering. Amend the introductory sentence of site plan ordinance section 914.14(12): (12) The following information is required to be noted or graphically depicted on all site plans: 6. Correcting scrivener's error: AASHTO standards for parking lot construction. Amend off-street parking ordinance section 954.10(1)(b) as follows: (b) A six -inch -thick limerock or cemented coquina base compacted to a ninety-eight (98) percent maximum density (using AASHTO T-180) or a six -inch -thick soil -cement base having a minimum seven-day compressive strength of three hundred (300) psi and compacted to ninety-eight (98) percent maximum density (using •MIS M AASHTO T- 180). 7. Correcting scrivener's error: driveway construction standard reference. Amend off-street parking ordinance section 954.10(5) as follows: (5) Driveway aprons constructed in the county right-of-way, where a paved county road exists and connects developments proposed for site plan approval, shall be of the flexible pavement or rigid pavement design, as specified in section �• 954.10(1) and (2) above, and shall be constructed only after receipt of an0 Indian River County Department of Public Works permit. 8. Update on rezoning published notice requirement. Amend administrative mechanisms section 902.12(4)(b)l as follows: 1. Published notice requirement. The community development department shall publish the material contents of the application, together with a map indicating the area Coding: Words in Loll • -• type are deletions from existing law. Words underlined are additions. 2 4. Correcting error: bonding -out scrivener's subdivision procedure. Amend subdivision and platting ordinance section 913.11(4)(B) as follows: Reduction in the amount of surety required, other than a final draw or reduction, may be authorized by the public works director after completion of any distinct and separable phase or portion of the required improvements. The amount of any given reduction shall not exceed eighty (80) percent of the cost of the completed work, as determined by the public works director following review of a cost estimate for said work prepared and certified by the developer's engineer. A reduction in construction security shall not be construed as acceptance of the improvements. •_ -• - • - • - provided elsewhere in establishment of proper required. mal acceptance this chapter, maintenance shall occur as and only upon security, where 5. Correcting scrivener's error: paragraph numbering. Amend the introductory sentence of site plan ordinance section 914.14(12): (12) The following information is required to be noted or graphically depicted on all site plans: 6. Correcting scrivener's error: AASHTO standards for parking lot construction. Amend off-street parking ordinance section 954.10(1)(b) as follows: (b) A six -inch -thick limerock or cemented coquina base compacted to a ninety-eight (98) percent maximum density (using AASHTO T-180) or a six -inch -thick soil -cement base having a minimum seven-day compressive strength of three hundred (300) psi and compacted to ninety-eight (98) percent maximum density (using •MIS M AASHTO T- 180). 7. Correcting scrivener's error: driveway construction standard reference. Amend off-street parking ordinance section 954.10(5) as follows: (5) Driveway aprons constructed in the county right-of-way, where a paved county road exists and connects developments proposed for site plan approval, shall be of the flexible pavement or rigid pavement design, as specified in section �• 954.10(1) and (2) above, and shall be constructed only after receipt of an0 Indian River County Department of Public Works permit. 8. Update on rezoning published notice requirement. Amend administrative mechanisms section 902.12(4)(b)l as follows: 1. Published notice requirement. The community development department shall publish the material contents of the application, together with a map indicating the area Coding: Words in Loll • -• type are deletions from existing law. Words underlined are additions. 2 proposed to be rezoned, (map required only for rezoning requests and land development regulations amendment requests where state regulations require the publishing of a map), at least -- ten (10) daysIMMUM311111WI #MLYAMMO -•. • •. prior to the county planning and zoning commission's public hearing on the application, unless Florida Statutes mandate different notice requirements. 9. Clarification of planned development open space credit for private yards. Amend planned development ordinance section 915.18(3)(B) as follows: (t3) common green areas ana private yara green areas; one hundred (100) percent of the common area shall be creditable towards open space. 10. Concurrency review exemption for requests that would not increase land use intensity. Amend concurrency management ordinance section 910.07(2) as follows: (2) The following are exempted from concurrency review: (a) Projects which have a vested rights determination pursuant to section 910.03; (b) Existing nonresidential buildings to be modified, altered, or repaired unless the modification will increase square footage and increase the intensity of use. Where existing projects (residential or nonresidential) seek expansion which will increase the number of dwelling units or square footage for nonresidential projects, only the net increase or expansion shall be subject to concurrency review; (c) Vested final subdivision plats to be modified unless modification creates additional lots; (d) Developments with a final development order proceeding to completion; ME (e) Replacement of existing residential units unless there is an increase in number of unitso; and Any development orders, including JLand use amendments and rezoning applications, which do not increase densitv or intensitv of use. 11. Correcting scrivener's error. subdivision ordinance reference. Amend subdivision and platting ordinance section 913.06(1)(B) as follows: (1) Unlawful activity. It shall be unlawful and subject to the penalties provided herein for any person to... (B) Divide property by any means for the purpose of sale or transfer of title unless each of the resulting parcels has at least the minimum area and width requirements prescribed by the zoning regulations and land use plan of Indian River County as applied to the lots created, unless exempt under sections 913.06(2)1 or 913.09(6). 12. Elaboration of exemptions from normal subdivision standards for projects site planned and platted. Amend subdivision and platting ordinance section 913.09(6) as follows: (6) Lots. Except where site plan approved projects are platted -over, lots shall conform to size and dimension Coding: Words in • •• -• • type are deletions from existing law. Words underlined are additions. 3 requirements, as well as shape and access requirements as specified below. For site plan approved projects that are being platted -over, the approved site plan shall govern access/frontage requirements, setbacks, and NOEMOMMIUMthe location and dimensions of all structures and required project improvementso. Residential lots in site plannedplat- over projects • •- • -. • • • shall include only the area of dwelling units and immediately adjacent improved living areas (e.g. porches, courtyards, driveways, and other impervious areas). Nonresidential lots on site planned plat - over projects may include building area and other facilities that serve the building area (e.g. parking and traffic circulation areas). 13. Allowing larger temporary construction trailers on single family construction sites. Amend temporary uses ordinance section 972.08(3)(d) as follows: No watchman's quarters trailers, and no construction storage facility or construction trailers exceeding one hundred (100) square feet in area may be allowed in the RFD, RS -1, RS -21 RS -31 RS -6, or RT -6 zoning districts or within a single-family subdivision development, with the following exceptions: -• • -• • • • Construction trailers allowed in section 972.08(2) for site plan, planned development, and subdivision projects. No size limitation applies to such trailers. Construction trailers of up to 300 square feet in area for a single family residence involving building area of more than 6,000 square feet. 14. Allowing fish farm uses to be approved at a staff level. Amend regulations for specific land uses ordinance section 971.08(6) as follows: (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-1, A-2, A-3. (b) Criteria for fish farms: 1. No processing shall be allowed on-site, Veterinary clinic or animal 2. Certification Fish farms state agencies must be obtained permit). and zoning (6) (administrative permit: no planning commission review or approval required if associated with a site plan reviewed as an administrative approval or minor site plan). (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-1, A-2, A-3. (b) Criteria for fish farms: 1. No processing shall be allowed on-site, 3. A fifty -foot setback is required where property abuts residentially designated property. 15. Correcting scrivener's error. veterinary clinics allowed in CL district. Amend regulations for specific land uses ordinance section 971.14(2) as follows. (2) Veterinary clinic or animal 2. Certification (administrative from state agencies must be obtained 3. A fifty -foot setback is required where property abuts residentially designated property. 15. Correcting scrivener's error. veterinary clinics allowed in CL district. Amend regulations for specific land uses ordinance section 971.14(2) as follows. (2) Veterinary clinic or animal hospital (administrative permit). Coding: Words in • • -• . type are deletions from existing law. Words underlined are additions. 4 (a) Districts requiring administrative permit approval, (pursuant to the provisions of 971.04): A-1, A-2, A-3, CL, CG, CH. (b) Additional information requirements. 1. A statement from the applicant indicating the types of animals to be cared for and the nature of all on-site facilities shall be submitted; 2. A site plan, pursuant to the requirements of Chapter 914. (c) Criteria for veterinary clinic or animal hospital: 1. All facilities shall be located in an enclosed structure; 2. Commercial boarding of animals may be allowed only as an accessory use and only within a totally enclosed structures 3. All buildings shall be soundproofed in such a manner that adequately mitigates and/or attenuates noise impacts on adjacent properties. 16. TIF schedule update and elaboration. Amend the "Fee Schedule for New Land Development Activity" chart of the fairshare roadway improvements chapter (953) of the land development regulations, as follows: Coding: Words in • • -• • type are deletions from existing law. Words underlined are additions. 5 RESIDENTIAL: Single -Family (per unit) 1,450 1,355 1,113 1,000 1,513 1,211 587 860 1,110 * Accessory Single -Family (per unit) 835 780 640 576 871 697 338 495 639 Multi-Family/Condominium/ 835 780 640 576 871 697 338 495 639 Efficiency Apt (per unit) Mobile Home (per unit) 781 730 599 539 815 652 316 463 598 Hotel (per bedroom) 1,276 1,192 979 880 1,331 1,065 516 756 976 Motel (per bedroom) 1,494 1,396 1,146 1,031 1,559 1,248 605 886 1,143 Nursing Home (per bed) 422 395 324 291 441 353 171 250 323 * ACLF (per unit) 312 292 240 215 326 261 126 185 239 I OFFICE AND FINANCIAL: Medical Office/Clinic/Veterinary 2,756 21576 21115 1,901 21876 21301 1,115 11634 2,109 Clinic (per 1,000 gsf) Bank/Financial Off. (per 1,000 6,310 51896 4,841 41352 61583 51268 2,553 3,740 4,828 gsf) Bank/Financial Off. (w/drive in) 9,670 9,036 7,418 6,669 10,088 8,074 31912 5,732 71399 (per 1,000 gsf) General Office 0 to 9,999 1,968 1,839 11509 1,357 2,053 1,643 796 1,166 11506 gsf (per 1,000 gsf) General Office 10,000 gsf 11316 11229 11009 907 1,373 11099 532 780 1,007 and over (per 1,000 gsf) INDUSTRIAL: Warehouse (per 1,000 gsf) 334 312 256 230 348 278 135 198 255 * Mini -Warehouse (per 1,000 gsf) 334 312 256 230 348 278 135 198 255 Coding: Words in • • -• • type are deletions from existing law. Words underlined are additions. 5 USE TYPE (UNIT) (DIST. I DIST. II DIST. III DIST, IV (DIST. V (DIST. VI (DIST. VIIIDIII- (DIST. IX * Vehicle Storage (per acre) 1,381 1,290 1,059 952 1,440 1,153 559 818 1,056 General Industrial (per 1,000 gsf) 369 345 283 255 385 308 149 219 282 * Automotive Repair (per 1,000 gsf) 334 312 256 230 348 278 135 198 255 Concrete Plant (per acre) 1,066 996 816 735 1,112 890 431 632 816 Sand Mine (per acre) 137 128 105 94 143 114 55 81 105 * Contractor Trades Multi -Tenant 2,213 2,068 1,698 1,526 2,309 1,848 895 1,312 1,694 (per 1,000 gsf) * Contractor Trades Single -Tenant 591 552 453 408 617 493 239 350 452 (per 1,000 gsf) RETAIL: 0 to 9,999 gsf (per 1,000 gsf) 31061 12r860 12r348 2,111 31193 2,556 11F238 11814 21342 10,000 to 49,999 gsf (per 1,000 11743 1,628 11337 11202 11818 11455 705 1,033 11333 gsf) 50,000 to 99,999 gsf (per 1,000 2,023 11891 11552 1,395 21111 11689 819 11199 1,548 gsf) 100,000 to 199,999 gsf (per 1,000 2,258 2,110 1,733 1,558 2,356 1,886 914 1,339 11728 gsf) 200,000 and over (per 1,000 gsf) 2,566 2,398 1,969 1,770 2,677 2,143 1,038 1,521 1,964 Gas Station (per fuel pump) 2,447 2,287 1,877 1,688 2,553 2,043 990 1,451 1,873 Used Car Sales (per acre) 5,010 4,682 3,844 3,456 5,227 4,183 2,027 2,970 31834 Restaurant (per 1,000 gsf) 3,697 3,454 2,836 2,550 3,856 30086 1,496 2,191 21829 Fast Food Restaurant (per 1,000 51226 4,883 41009 3,604 5,452 4,363 21114 31098 31999 gsf) Convenience Store (per 1,000 gsf) 7,286 6,809 5,590 5,026 7,602 6,084 2,948 4,319 5,575 * Car Wash (per stall) 1,987 1,857 1,525 1,371 2,073 1,659 804 1,178 1,521 RECREATIONAL: Golf Course (per parking space) 626 585 481 432 653 523 253 371 479 K Health & Fitness Club -1,509 1,410 1,158 1,041 1,574 11260 610 894 1,155 (per 1,000 gsf) County Park (per parking space) 199 186 153 137 208 166 81 1 118 1 153 * Tennis Court (per court) 2,491 2,328 1,911 1,718 2,599 2,080 1,008 1,477 1,906 * Marina (per boat berth) 158 147 121 109 165 132 64 93 121 * Club House (including swimming 503 470 386 347 525 420 204 298 385 pools, tennis courts, etc.)(per parking space) * Movie Theater W/O Matinee (per 6,275 5,864 41814 41328 6,547 5,239 2,539 3,7207,802 1,000 gsf) * Movie Theater W/Matinee (per 12,369 11,558 91489 81531 12,904 100327 51004 71332 9,465 screen) * Live Theater (per 1,000 gsf) 599 560 460 413 625 500 242 355 459 GOVERINENTAL : Post Office (per 1,000 gsf) 2,880 2,691 2,209 11986 3,004 21405 1,165 1,707 2,204 Library (per 1,000 gsf) 3,630 3,392 2,785 2,504 3,787 3,031 1,469 2,152 2,778 Government Office (per 51558 5,194 41264 31834 5,799 4,641 21249 31295 41253 1,000 gsf) Coding: Words in L%gSM32L9 • type are deletions from existing law. Words underlined are additions. 6 Jail (per bed) 98 91 75 67 102 81 39 58 75 ISCELLANEOUS: Day Child Care Center (per 1,000 21313 2,161 1,774 11595 21413 1,931 936 1,371 1,770 gsf) Hospital (per 1,000 gsf) 702 656 539 484 733 586 284 416 537 Church (per 1,000 gsf) 599 560 460 413 625 500 242 355 459 * Social Hall/Civic Center (per 599 560460 413 625 500 242 355 459 1,000 gsf) * Funeral Home (per 1,000 gsf) 1,940 1,813 1,488 1,338 2,024 1,620 785 1,150 1,484 * School (per student) 43 41 33 30 45 36 18 26 33 * Fire Station (per bed) 98 91 75 67 102 81 39 58 75 * Fire Station (per 1,000 gsf) 369 345 283 255 385 308 149 219 282 *Denotes a new category; all wording on this line to be added into the table. (Note: gsf = gross square feet) 17. Correcting scrivener's error. local flood regulation exemption. Amend section 930.07(2)(b)12 of the stormwater management and floodplain protection ordinance of the land development regulations, as follows: 12. For substantial improvements on existing structures which do not meet the above requirements (one half (0.5) foot above base flood), but did meet the finish floor elevation requirement in effect at the time the structure was given a building permit, any substantial improvement will not be cause to require the finish floor of the existing structure to be elevated to meet the finish floor requirements set out above. 18. Restrictions on keeping commercial vehicles in residential areas. Amend section 911.15(3) of the zoning ordinance of the land development regulations, as follows: (a) Restrictions on the parking of commercial vehicles in residential areas. No commercial vehicles shall be parked overnight nor for an extended period (more than ten (10) hours in any calendar month) on any residentially used lot, in the street abutting such lot, or on residentially zoned land, not including the A-1, • A-2, or A-3 districts, except: Commercial • . -• . •. with a rated capacity of one (1) ton or less used by the resident of the premises, limited to one per premises and parked off-street in a garage, carport or driveway. No construction or similar materials shall be stored or transported on the outside of such vehicles. Coding: Words in W&j:L1jAUejLeA1M type are deletions from existing law. Words underlined are additions. 7 (3) Parking of commercial vehicles in residential areas. (a) Restrictions on the parking of commercial vehicles in residential areas. No commercial vehicles shall be parked overnight nor for an extended period (more than ten (10) hours in any calendar month) on any residentially used lot, in the street abutting such lot, or on residentially zoned land, not including the A-1, • A-2, or A-3 districts, except: Commercial • . -• . •. with a rated capacity of one (1) ton or less used by the resident of the premises, limited to one per premises and parked off-street in a garage, carport or driveway. No construction or similar materials shall be stored or transported on the outside of such vehicles. Coding: Words in W&j:L1jAUejLeA1M type are deletions from existing law. Words underlined are additions. 7 2. Commercial vehicles temporarily parked on a lot for the purpose of providing construction, transportation, or other services specifically for the location where such vehicles are parked. 3. In no case shall a commercial vehicle which is used for hauling explosives, gasoline or liquefied petroleum products be permitted to be parked for an extended period in a residential area. 4. "Class "A" tow trucks or hydraulic wreckers, on an emergency towing service rotation list with the local sheriff's or police department, used by the resident of the premises, limited to one per premises and parked off-street in a garage, carport or driveway. Under this paragraph, one tow truck or wrecker is allowed to be parked or stored at a residence. 19. Single-family ordinance restatement of restrictions on keeping commercial vehicles in residential areas. Amend section 912.17(1) of the single family development ordinance of the land development regulations, as follows: (1) Parking of commercial vehicles in residential areas. (a) Restrictions on the parking of commercial vehicles in residential areas. No commercial vehicles shall be parked overnight nor for an extended period (more than ten (10) hours in any calendar month) on any residentially used lot, in the street abutting such lot, or on residentially zoned land, not including the A-1, MY A-2, or A-3 districts, except. 1. Commercial vehicles • - --• • -- • to US mov.3 RMSFAL go -• .•. with a rated capacity of one (1) ton or less used by the resident of the premises, limited to one per premises and parked off-street in a garage, carport or driveway. No construction or similar materials shall be stored or transported on the outside of such vehicles. 2. Commercial vehicles temporarily parked on a lot for the purpose of providing construction, transportation, or other services specifically for the location where such vehicles are parked. 3. In no case shall a commercial vehicle which is used for hauling explosives, gasoline or liquefied petroleum products be permitted to be parked for an extended period in a residential area. 4. "Class "A" tow trucks or hydraulic wreckers, on an emergency towing service rotation list with the local sheriff's or police department, used by the resident of the premises, limited to one per premises and parked off-street in a garage, carport or driveway. Under this paragraph, one tow truck or wrecker is allowed to be parked or stored at a residence. Coding: Words in 7935MMM • type are deletions from existing law. Words underlined are additions. 8 20. Allowing certain dock structures to project farther into waterways. Amend County Code Subsection 932.07(3) as follows. (3) • • - • Projection of waterfront structures. (b) Extension of docks and piers in waterways; generally. Docks and piers, including tie -off piles, mooring or dolphin poles, shall not project outward from the shore more than - twenty five (25) percent of the width of the waterway at a point where they are located. The outward projection of a dock and associated structures shall be measured from the water's edge at mean low tide. The location, dimensions, and structural character of all structures shall be in conformity with applicable federal and state jurisdictional agency regulations. c • Application of paragraph© "b" above shall not result in a unobstructed waterway of less than twenty-five (25) feet in width(twelve and one-half (12 1/2) feet either side of the waterway centerline). 21. Mining regulations for mining operation and site restoration timeframes. Amend section 934.07(3)(1) and create section 934.07(3)(k) of the excavation and mining chapter of the land development regulations, as follows. Specific mining activity timeframes, from the date of initial mining permit issuance, are established based upon the estimated quantity of material to be removed. Excavation, hauling, or other mining activities occurring beyond these timeframes, (along with any approved extension requests) are prohibited: Less than 10,000 cubic yards............1 year 10,000 - 99,999 cubic yards.............2 years 100,000 - 500,000 cubic yards ...... .....5 years over 500,000 cubic vards...............10 vears a. These timeframes may be extended by the Board of County Commissioners upon an applicant's request made prior to the normal timeframe expiration. The Board may grant an extension if it determines that the mining operation has been inactive for a period of time due to market conditions such as an economic recession. The Board shall not extend Coding: Words in • • -• • type are deletions from existing law. Words underlined are additions. 9 the initial timeframe by a period of time greater than the determined period of inactivity. The mining site shall be restored in accordance with the approved restoration plan. Such restoration shall be completed, and shall then be inspected and approved by county staff within six months of the end of the approved timeframe (including any extension) for the mining operation. 22. Extending timeframes for certain incidental to construction mining operations. Amend section 934.04(7)(b) of the excavation and mining ordinance of the land development regulations, as follows: (b) For excavations incidental to authorized site plans, subdivisions, or planned developments, excavation material removal from the premises may exceed five thousand (5,000) cubic yards provided that: 1. The extraction process and hauling of excavated materials from the premises is completed within two (2) months of commencement of project construction, following the issuance of a county land development permit or release of an approved site plan, as applicable, and provided that such extraction and hauling is limited to occurring between the hours of 7:00 a.m. and 5:00 p.m. Monday through Friday; 2. Water depth within a created waterbody (as applicable) shall not exceed twelve (12) feet; 3. The provisions of section 934.07(5) are satisfied, pertaining to the posting of compliance and restoration bonds; 4. The provisions of section 934.09 are satisfied, pertaining to the hauling of excavated materials on public and private roads; 5. The provisions of section 934.05 are satisfied, pertaining to water management standards for created waterbodies; 6. No dewatering occurs within one thousand (1,000) feet of any platted subdivision that is not serviced by public water. 7. Incidental to construction mining activity on projects over 350 acres in size may be permitted for a total of up to 14 months from the date of commencement of construction of the project's water management system, if each of the following conditions is satisfied as determined by the public works director and the community development director: • That a site plan application is submitted which provides sufficient information to demonstrate compliance with all applicable Chapter 934.04(7)(b) standards. • That the quantity of excess fill produced by project construction and proposed to be hauled off-site is the result of complying with water management or environmental Coding: Words in . • -• . type are deletions from existing law. Words underlined are additions. 10 requirements, or recommendations from jurisdictional agencies. • That the quantity of excess fill to be hauled off-site requires more than two months of excavation and hauling activity. An initial permit allowing four months of mining and hauling activity may be issued by county staff. An initial extension of six months, and a second extension of four months, may be granted by staff if the applicant has demonstrated compliance with county mining regulations for the initial period(s) of mining activity and if the applicant demonstrates that the requested extension(s) is (are) necessary to excavate and haul the quantity of material involved. • As a condition of site plan approval for an incidental to construction mining operation conducted under this subsection [934.04(7)(b)7.], the public works director may require public road repair work or funds or security to guarantee such work, representing an amount of up to $20,000. The public works director may adjust this amount for inflation, with 1996 as the base year. 23. REPEAL OF CONFLICTING PROVISIONS All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. All Special Acts of the legislature applying only to the unincorporated portion of Indian River County and which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. 24. 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. 25. 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. 26. EFFECTIVE DATE Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 27th day of February 1996. Coding: Words in • . -• . type are deletions from existing law. Words underlined are additions. 11 The provisions of this ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 27th day of February 1996. Coding: Words in • . -• . type are deletions from existing law. Words underlined are additions. 11 This ordinance was advertised in the Vero Beach Press -Journal on the 5th day of �" „ , 1996, and on the 19th day of February 1996, for public hearings to be held on the i3tfi day of _ 1996, and on the - 7 day of February , 1 6 at which time at the final hearing it was moved for adoption by Commissioner Eggert seconded by Commissioner Bird and adopted by the following vote; Chairman Fran B. Adams Commissioner Kenneth R. Macht Nay BOARD OF COUNTY,COMMISSIONERS OF INDIAN RIVER ,COUNTY e; µs11, , By r. r B, r`Adamr. sy; Chairman Fran ATTEST TBY: s F ' ey: K. n rton, Clerk LLLL �.c. Acknowledgement by the Department of`St -e of,the^:St e of Florida this llthday of March 1'996 Effective Date: Filed with the Department of State on the 5th day of March , 1996. William G. Collins II Deputy County Attorney APPROVED AS TO PLANNING MATTERS Obert M. KeatingWnt ICP Community Develop Di ctor u\c\s\1dr\01961dr.ord Coding: Words in 1!7P3F@MXM . type are deletions from existing law. Words underlined are additions. 12 Vice Chairman Carolyn K. Eggert AyP Commissioner John W. Tippin Aye Commissioner Richard N. Bird ye Commissioner Kenneth R. Macht Nay BOARD OF COUNTY,COMMISSIONERS OF INDIAN RIVER ,COUNTY e; µs11, , By r. r B, r`Adamr. sy; Chairman Fran ATTEST TBY: s F ' ey: K. n rton, Clerk LLLL �.c. Acknowledgement by the Department of`St -e of,the^:St e of Florida this llthday of March 1'996 Effective Date: Filed with the Department of State on the 5th day of March , 1996. William G. Collins II Deputy County Attorney APPROVED AS TO PLANNING MATTERS Obert M. KeatingWnt ICP Community Develop Di ctor u\c\s\1dr\01961dr.ord Coding: Words in 1!7P3F@MXM . type are deletions from existing law. Words underlined are additions. 12