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HomeMy WebLinkAbout2007-035ORDINANCE 2007- 035 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FINDINGS; PROVIDING FOR AMENDMENTS TO CHAPTER 934, EXCAVATION AND .MINING, BY REVISING SECTION 934.07 TO ESTABLISH BUFFER AND HOURS OF OPERATION REQUIREMENTS FOR MINES ABUTTING AGRICULTURALLY -ZONED PARCELS 10 ACRES OR LESS IN AREA AND BY REVISING SECTION 934.09 TO INCREASE THE AMOUNT OF ROAD MAINTENANCE BONDS; 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 (LDR'S) BE AMENDED AS FOLLOWS: SECTION #1: AMENDMENTS Section 934.07, Mining permit regulations, is hereby amended to read as follows: (1) Applicability. A county mining permit shall be required for any mining activity (as defined in Chapter 901) in the unincorporated county, except as exempted in section 934.04 of this chapter. Any request for a mining permit shall be considered an application for site plan approval, and the procedure set forth in the county land development code for such applications shall be followed. The provisions of this section shall be considered as conditions to the administrative permit use or special exception use as allowed and specified in Chapter 971, Specific Land Use Criteria. (2) Application procedures. Mining permit applications shall be made to the community development department, in accordance with site plan submittal requirements set forth in the county land development 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. Specified submittal requirements shall include: (a) A mining plan, including: 1. Plan view and cross-sections of mining area; 2. Amount of fill to be removed; 3. Timetable of mining activity; 4. Method of mining; 5. Hours of operation; and 6. Safety/security plan. Bold Italics: Additions to Ordinance 1 StFikR.,e-thio gl� Deleted Text from Existing Ordinance F:AConvnunity Development\Users\CUrDevAORDINANCE\2007\2007- 934.07 sand mines.RTF ORDINANCE 2007- 035 (b) A restoration plan, including: A description of the eventual future use of the site; and 2. Final grades of the site. (3) Conditions of the mining permit. (a) The maximum project -site development phase for mining activities shall not exceed twenty (20) acres per phase. (b) No mining excavation shall occur within one hundred fifty (150) feet of a projected right-of-way line of any existing or proposed public road, nor within one hundred fifty (150) feet of the outer perimeter of the project property. 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 of the one hundred fifty (150) feet setback may be permitted at the time of site plan approval. In addition, the applicant shall satisfy the following: 1. A three -hundred -foot setback from adjacent occupied structures (strictures existing as of the date of site plan application for the mining project) to mining pits, on-site haul roads, and material stockpile areas. (c) (' /^) �c i �— �r[-�rcp i All mining sites that exceed ten (10) b i � z acres in area shall be subject to the provisions of section 934.05, water management standards, of this chapter. 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. (d) If the project site is of a size that falls below St. 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 River Water Management District (SJRWMD) permitting requirements shall conform to SJRWMD permitting requirements concerning depth of mining and all other applicable SJRWMD permitting requirements. (e) If the project site is adjacent to a residential district or to an agriculturally -zoned parcel of 10 acres or less reside.,* ly zoned area, the perimeter of the site adjacent to abu4i-ng such an area shall include a fifty -foot wide bufferyard and a type "A" buffer or its equivalent along said site boundary. (f) No crusher, mixing plant, bin, tank, or structure directly involved in the Bold Italics: Additions to Ordinance 2 StFke through= Deleted Text from Existing Ordinance F:\Comnnmity Development\Users\CurDev\ORDINANCE\2007\2007- 934.07 sand mines.RTF ORDINANCE 2007- 035 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 nonresidentially zoned property. (g) Hard rock mining activities shall ensure that measures are taken to control dust. (h) 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. (i) 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. 0) 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: han 10,000 cubic yards 1 year E18,000-99,999CUbicards 2 ears 0--500,000 cubic 5 years Over 500,000 cubic yards 10 years 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 the initial timeframe by a period of time greater than the determined period of inactivity. (k) 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 (6) months of the end of the approved timeframe (including any extension) for the mining operation. (4) Operating conditions of mining. (a) Mining operations located Ap,p,lieants opefa;ing in an agricultural zoning district, where the project site is adjacent to neither a residential district nor an agriculturally -zoned parcel of 10 acres or less does not abut a single fan4y Fesidential d t ' t, shall not be limited to specific hours of operation unless a Bold Italics: Additions to Ordinance r keo blr Deleted Text from Existing Ordinance F:\Conununily Development\Users\CurDev\ORDINANCE\2007\2007- 934.07 sand mines.RTF ORDINANCE 2007- 035 determination is made by the planning and zoning commission concerning the need to limit hours of operation due to the anticipated impact of the mining operation on surrounding properties. Applicants operating adjacent to residential zoning districts or agriculturally -zoned parcels of 10 acres or less shall be permitted to operate between the hours of 7:00 a.m. to X98 6:00 p.m. on weekdays; hauling off-site shall not occur after 5.00 p.m. on any day. Oeperation other than 7:00 a.m. to 5:88 6:00 p.m. may be permitted by the board of county commissioners if the board determines that the impact of the mining operation on surrounding properties will not constitute a nuisance to the neighborhood, contrary to county noise and vibration control regulations. (b) 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. The mining excavation pit shall not be located within one hundred fifty (150) feet of the projected right-of-way line of any existing or proposed public road nor within one hundred 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 not steeper than three (3) feet horizontal to one foot vertical, graded, grassed and stabilized. (c) Permanent project boundary corners with intermediate 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 the permit. (d) Annual progress report. The operator holding a valid mining permit shall file, on or before October 1 of each year, a written report to the community development department identifying the lands mined and reclaimed for the preceding calendar year and identifying lands expected to be mined and lands planned for reclamation during the current year. The report shall also verify compliance 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 fling may be granted by the planning and zoning commission upon request and for reasonable cause. (5) Requirement of bonds. (a) 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 Bold Italics: Additions to Ordinance 4 Strike tom, Deleted Text from Existing Ordinance F:\Conmumity Development\Users\CurDev\ORDINANCE\2007\2007- 934.07 sand mines.RTF ORDINANCE 2007- 035 restore the site. (b) 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 minimurn of five thousand dollars ($5.000.00). (c) Phasing. When one phase of twenty (20) acres or less is completed and in conformance with the submitted site plan for reclamation and rehabilitation, and in conformance with this chapter, the compliance and restoration bonds may be transferred to the next phase under the approved plan. More than one phase at a time may be mined concurrently; however, each phase shall be frilly bonded, as required by this chapter. (d). Renewal. Within thirty (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. (e) Forfeiture. Upon a finding of noncompliance with this chapter or the approved mining site plan or reclamation -site plan; or failure to renew bonds within thirty (30) days of expiration, the community development director shall notify the permit holder in writing of the noncompliance and the pending forfeiture of the compliance and/or restoration bond. This notice shall also include notice of the appeal process. 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, failure to maintain hauling route per the approved maintenance plan operating in violation of the safety/security plan, excavating within required setbacks, mining of additional phases prior to restoration 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. 2. 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 management standards as contained in section 934.05 of this chapter, and restoration activity not consistent with permits issued by other jurisdictional agencies. The county shall use the fund to restore the site in conformance with the approved Bold Italics: Additions to Ordinance StFk,-44wetug4+-. Deleted Text frons Existing Ordinance F:\Connnunity Development\Users\CurDev\ORDINANCE\2007\2007- 934.07 sand mines.RTF ORDINANCE 2007- 035 restoration plan. Any fluids remaining after the completion of the work shall be returned to the bond holder. (f) Appeals. Any person receiving written notice of suspension of a permit and bond forfeiture may within Fifteen (1.5) 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. 2. 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. Section 934.09, Use of public and private roads, is hereby amended to read as follows: Any mining permit issued pursuant to this ordinance shall be subject to the following provisions: (1) 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 materials. No load limits shall be exceeded along the haul route; (2) Where deemed necessary by the county engineer, mats, culvert, ramps, or paved drives shall be placed at entrances and/or exists of haul sites in such positions that pavement edges, shoulders, curbs and sidewalks will be protected from damage; (3) 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. If security is required based upon number of trips on the unpaved roads, the frequency of the trips, and the duration of the activity, said security shall not exceed ten thousand dollars ($10,000) two thousand dollms ($2,000.09) per mile of unpaved roadway identified on the approved hauling route for the mine; (4) Where vehicles hauling excavated materials use public roads, such vehicles shall Bold Italics: Additions to Ordinance StFilce dii-oughi. Deleted Text from Existing Ordinance FAConununity Development\Users\CurDev\ORDINANCE\2007\2007- 934.07 sand mines.RTF ORDINANCE 2007- 035 be covered in a manner to prevent fill spillage, to the satisfaction of the county engineer; (5) All hauling vehicles shall have the trucking company name (or truck owner's name if vehicle is privately owned) prominently displayed on the sides of the vehicle. 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 frill 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. SECTION #5: EFFECTIVE DATE This Ordinance shall take effect immediately upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 23rd day of October , 2007. This ordinance was advertised in the Press -Journal on the 8th day of October, 2007, for a public hearing to be held on the 23rd day of October , 2007, at which time it was moved for adoption by Commissioner Bowden , seconded by Commissioner ' Wheel er , and adopted by the following vote: Chairman Gary C. Wheeler Vice Chairman Sandra L. Bowden Commissioner Joseph E. Flescher Commissioner Wesley S. Davis BohlItalics: Additions to Ordinance n*•;;e t;=.;e�. Deleted Text from Existing Ordinance FACommunity Development\Users\CurDev\ORDINANCE\2007\2007- 934.07 sand mines.RTF Aye Aye Aye RPr.ilePd 7 Q ORDINANCE 2007- 035 Commissioner Peter D. O'Bryan Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Gary C. reeler, Chaiirlan ATTEST BY: 6v -y'. Jeffrey K. Barton, Clerk This ordinance was filed with the Department of State on the following date: c_ .o --r 04 , and is to take effect on e e rJ, ZDO APPROVED AS TO FORM AND LEGAL SUFFICIENCY / William G. Collins II, County Attorney Bold Italics: Additions to Ordinance Strike threug4r: Deleted Text From Existing Ordinance r ent Director F:\Community Development\Users\CurDev\ORDINANCE\2007\2007- 934.07 sand mines.RTF E.