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Home My WebLink About2008-001ORDINANCE NO. 2008- 001 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, IMPOSING A MORATORIUM ON THE ACCEPTANCE OF APPLICATIONS AND PROCESSING OF APPLICATIONS FOR MINING ADMINISTRATIVE P ERMIT APPROVALS AND ISSUANCE OF MINING P ERMITS; PROVIDING FOR PROHIBITION; PROVIDING FOR EXEMPTIONS; PROVIDING FOR CONFLICTS; P ROVIDING FOR SEVERABILITY; SETTING FORTH E FFECTIVE AND EXPIRATION DATES. WHEREAS, pursuant to Section 1(f), Article VIII, of the Florida Constitution and Chapter 125, Florida Statutes, Indian River County is authorized and required to protect the public health, safety and welfare and may exercise any power for governmental purpose except when expressly prohibited by law; and WHEREAS, pursuant to Section 163.3202, Florida Statutes, Indian River County has enacted land development regulations, consistent with its adopted comprehensive plan, which protect the quality of life in Indian River County and WHEREAS, the Board of County Commissioners has adopted Indian River County Code Chapter 934, Excavation and Mining; and WHEREAS, at its October 23, 2007 meeting the Board of County Commissioners was advised of numerous traffic hazards and accidents involving mining trucks on u npaved haul routes, and WHEREAS, the Board has determined improvements must be made to the n otice and traffic safety provisions of Chapter 934; and WHEREAS, the Planning and Zoning Commission considered this matter and made a recommendation of approval of a mining moratorium on December 13, 2007 and WHEREAS, the Board of County Commissioners has held two public hearings on this proposed moratorium on mining and heard public input; WHEREAS, the Board of County Commissioners wishes to maintain the status quo with respect to mining activity during the drafting process to ensure that the community's notice and traffic safety problems are addressed through this ordinance 1 F:\Attorney\Nancy\DOCS\ORD\mining moratorium ord.doc ORDINANCE NO. 2008- 001 rather than exacerbated during the time it takes to formulate any desired modifications to the excavating and mining ordinance; and WHEREAS, the Board of County Commissioners has considered any information provided by the Florida Department of Transportation regarding the effect this ordinance would have on the availability, transportation and potential extraction of construction aggregate materials on the local area, region and the state, as required by Florida Statute 337 0261, N OW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: S ECTION 1. PROHIBITION N o applications for mining administrative permit approvals shall be accepted or processed, and no mining permits shall be issued until July 10, 2008 S ECTION 2. EXEMPTIONS The prohibitions of Section 1 above shall not apply to the following: A. Annual renewals of operating permits for existing approved mines, as of the effective date of this ordinance. B. All activities currently exempted by by Indian River County Code Section 934.04 "Exemptions". C. Existing operating mines involved in the completion of State Road 60 four-laning west of Interstate 95. D. Staff level administrative approvals for minor changes to existing operating mines, including but not limited to on-site moves of construction trailers. This exemption D shall not include expansions to the acreage excavated nor the area of development of existing operating mines nor changes to approved haul routes. SECTION 3. CONFLICTS The application of any Indian River County ordinance in conflict herewith is hereby suspended during the time period set forth in Section 1 to the extent of such conflict. ORDINANCE NO. 2008- 001 SECTION 4. SEVERABILITY If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 5. EFFECTIVE DATE This ordinance shall take effect upon filing with the Secretary of State. SECTION 6. EXPIRATION DATE This ordinance shall expire July 10 , 2008, unless earlier terminated or further extended by ordinance. This ordinance was advertised in the Vero Beach Press -Journal on the 8th day of December, 2007, for a public hearing to be held on the 18th day of December, 2007 and was advertised in the Vero Beach Press -Journal on the 31st day of December 2007 for a public heanng to be held on the 7th day of January, 2008 at which time it was moved for adoption by Commissioner Wheel er , seconded by Commissioner 0 1 Bryan , and adopted by the following vote: Sandra L. Bowden, Chairman aye Wesley S. Davis, Vice Chairman abstai n Commissioner Joseph E Flescher aye Commissioner Gary C. Wheeler aye Commissioner Peter D 0 Bryan aye The Chairman thereupon declared the ordinance duly passed and adopted this 7th day of January , 2008. ATTEST: Jeffrey K Barton, Clerk By• Deputy CFer BOARD OF COUNTY COMMISSION INDIAN RIVER COUNT RIDA dra L Bowden, hairman APPROVED AS TO FORM AND LEGAL SUF FICIENCY 71 BY ( li(i'"`'� WILLIAM G. COLLINS II COUNTY ATTORNEY ORDINANCE NO 2008-001 ACKNOWLEDGMENT by the Department of State of the State of Florida, this /914 day of CANUARy , 2008. te • ORDINANCE NO. 2008-001 SECTION 4. SEVERABILITY If any section, sentence, clause, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. SECTION 5 EFFECTIVE DATE This ordinance shall take effect upon filing with the Secretary of State. SECTION 6. EXPIRATION DATE This ordinance shall expire July 10 , 2008, unless earlier terminated or further extended by ordinance. This ordinance was advertised in the Vero Beach Press -Journal on the 8th day of December, 2007, for a public hearing to be held on the 18th day of December, 2007, and was advertised in the Vero Beach Press -Journal on the 31st day of December, 2007 for a public hearing to be held on the 7th day of January, 2008 at which time it was moved for adoption by Commissioner wheeler , seconded by Commissioner 0' Bryan and adopted by the following vote: Sandra L. Bowden, Chairman Wesley S. Davis, Vice Chairman Commissioner Joseph E. Flescher Commissioner Gary C. Wheeler Commissioner Peter D. O'Bryan aye abstain aye aye aye The Chairman thereupon declared the ordinance duly passed and adopted this 7th day of January 2008. ATTEST Jeffrey -K. Barton,tClerk By: 7744�°i�.��' '••, pep uty Klerk" BOARD OF COUNTY COMMISSION INDIAN RIVER COUNTY-7FLeRIDA By: 3 Sa dra L. Bowden, hairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY 6Y C, _ WILLIAM G. COLLINS II COUNTY ATTORNEY