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HomeMy WebLinkAbout1974-16..-w- INDIAN RIVER COUNTY ORDINANCE No. 74- 16 AN ORDINANCE AMENDING INDIAN RIVER COUNTY ORDINANCE 71-3 , SECTION 25, GENERAL PROVI- SIONS , BY ADDING SUB -PARAGRAPH (R) "MINING AND EXCAVATION". BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS- SIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Indian River e County Ordinance 71-3, Section 25, is hereby amended by adding the following sub -paragraph "(R)": tr SECTION 25. GENERAL PROVISIONS [ (R) Mining and Excavation (1) Definition For the purpose of this Ordinance, Sand Mining shall mean the digging, stripping or removal by any process of natural materials or deposits from their natural state and location, said materials and deposits to include rock, stone, minerals, shell, sand, marl, muck, and soil, but not including sod. Sand mining as used herein shall not include digging for foundations, fences, structures or incidental to construction work, wherein no materials are removed from the premises, except surplus not required for backfill or grading of the premises. Mining shall be further defined to include oil and/or natural gas drilling or excavation. (2) Intent The process of hydraulic mining lends itself to an operation that need have little effect or no adverse effect on ecological environmental or pollution characteristics. The following is criteria to be considered in mining or excavation activities as defined under the Indian River County Ordinance 71-3. (a) Sand mining, conducted in conformance with this Ordinance, lends itself to virtually 100% recirculatfon of water and - does not contribute to either air or water pollution. Sand mining need not have any adverse effect on adjoining properties. (b) Sand mining is a temporary use with no adverse long range effect on the ultimate utilization of the land for normal purposes. (c) Sand mining conducted in accordance with a pre- determined plan, lends itself to the enhancement of land values; to total reclamation of the land; to significant contribution to water conservation and storage without undue economic burden on the operator. (d) Public policy- of Indian River County shall be that sand mining be conducted in a proper manner that will best contribute to long range public benefit within the reasonable limits of economic feasibility as a normal cost of doing business in the industry. (e) Indian River County shall promote the maximum ultimate environmental, aesthetic and economic values that can be produced at any given site. (f) The promotion of increased water storage facil-' ities, such as lakes and connecting canals, that can be and logically are, created in this process; the increased aesthetic quality of such lakes and waterways; the increased development potential; and, the related increase in terms of taxable value; or the increased potential for conservation and/or public recreation areas, are clearly in the public interest and proper concerns for public regula- tions. (3) Permitted Uses Mining and/or excavation involves relatively limited process of product preparation. The following related activities shall be permitted.: (a) The clearing of land and stripping of overburden necessary to reach the deposit. aggregate. (b) Excavation and/or extraction of the desired (c) Washing, grading and stock piling of materials (d) Diking, channel digging and drainage as necessary to store, retain and circulate water and to interconnect mining pits. (e) Related activities serving the above. (4) Areas, Boundaries and Zoning Classification These provisions shall apply to Sand Mining Operations, where ever conducted, and shall be considered to be a permitted use in an Agricultural zoning district. (5) Permitting All operators of an existing Sand Mining Operation shall, within 180 days after the effective date of this amendment, file a Mining Site Plan; and any proposed new Sand Mining Operations, after such effective date, shall file a Mining Site Plan prior to any work, for the approval of the Indian River County Zoning Commission. (6) Conditions of a Permit The land surface shall be restored to a condition suitable for development for residential use within 48 months from the time of the original change of the land surface unless a renewal permit is obtained. Mining shall not be carried on within one hundred and fifty (150) feet of the projected R/W line of any existing or pro- posed public road nor within one hundred and fifty (150) feet of the outer perimeter of the land area. The banks of created water areas by mining or excavation shall be sloped at a ratio of 3:1, graded, and dressed up. (7) Provisions for Continuing Operation Nothing herein shall be construed as a requirement that an operator of an existing sand mine shall cease operations until the required Mining Site Plan has been approved, provided the said Mining Site Plan shall be submitted within 180 days and the Zoning Commission finds the submitted plan to be acceptable. T.` INVO 'Rwrwv I -e (8) Review and Findings by the Indian hiver County Zoning Commission Upon submission of a Mining Site Plan to the Indian River County Zoning Commission, the Zoning Commission shall within 30 days, notify the operator at a meeting of the Zoning Commission, its findings with regard to compliance with these regulations stating the said Commission's approval as submitted; or, stating the Commission's disapproval and setting forth the reasons, specifying the deficiencies that led to disapproval, and setting a reasonable time for correction of such deficiencies. (9) Operating Permits The Indian River County Zoning Commission shall, upon approval of the Mining Site Plan order issuance of an Operating Permit to the operator and such permit shall be issued, within ten (10) days after the determination of compliance by the Zoning Commission. An operating Permit shall authorize the operator to commence sand mining activities in accordance with the Mining Site Plan, as approved. (10) Filing Fees (a) The owner shall be required to file a fee with the application in an amount to be established by Resolution of the Board of County Commissioners. , (b) There shall be an annual renewal fee of twenty-five ($25. 00) dollars to be filed by the owner of said mining operation. The County shall inspect periodically, and at least once per year, the sand mining operation in order to determine the said operation's conformance to the intent of this ordinance. (11) Bond The County Administrator after sufficient review and prior to forwarding the mining site plan to the County Zoning Commission shall determine the amount of bond that will be required. The amount of bond shall be determined on the basis of cost to put the land into safe and useable condition should the owner or his agency(s) not complete the approved operation. (12) Permit Revoked Operating Permits as defined in (9) may be revoked, suspended by the County Administrator in the event the operators non-compliance with the approved Mining Site Plan upon due notification of reasons for the determination of non-compliance and provision of reasonable opportunity for correction of the deficiency. (13) Effect of Failure to File Annual Progress Report The Operator holding a valid Operating Permit shall file, on or before October 1, or each year, a written report, with the Zoning Commission, reviewing the reclamation progress for the preceeding calendar year and identifying lands expected to be mined and lands planned for reclamation during the current year. (14) Effect of Failure to File Annual Progress Report Failure to file the required Annual Progress Report shall be grounds for suspension of the Operating Permit, however, an extension of time for filing may be granted by the Zoning Com- mission upon request and for reasonable cause. (15) Applications for Permits Applications for Permits shall be submitted in accordance with the provisions established by Resolution of the Board of County Commissioners. (16) THIS ORDINANCE SHALL TAKE EFFECT ON November 1, 1974.