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HomeMy WebLinkAbout1976-06INDIAN RIVER COUNTY ORDINANCE NO. 76-6 AN ORDINANCE AMENDING INDIAN RIVER COUNTY ORDINANCE 71-3, SECTION 25. GENERAL PROVISIONS, BY ADDING AN ENTIRELY AMENDED SUB -PARAGRAPH (R) "MINING AND EXCAVATION:" BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Indian River County Ordinance 71-3, Section 25, is hereby amended by adding an entirely amended sub- paragraph "(R)". 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, drainage ditches, structures or incidental to construction work, wherein no materials are removed from the premises, except surplus not required for backfill or grading n£ 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 ex- cavation 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% recirculation 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 predetermined plan, lends itself to the enhancement of land values; to total reclamation of the land; to signigicant contribution to water conservation and storage without undue economic burden to 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 en- vironmental, aesthetic and economic values that can be produced at any given site. (f) The promotion of increased water storage facilities, 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 rec- reation areas, are clearly in the public interest and proper concerns for public regulations. (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. (b) Excavation and/or extraction of the desired aggregate. (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 30 days after the effective date of this amendment, file a Mining Site Plan. 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 Com- mission. A permit shall not be issued for any site plan exceeding 20 acres. (6-a) Conditions of a Permit 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. This shall be done concurrently with the mining operation of each calendar year. Mining shall not be carried on within one hundred and fifty (150) feet of the pro- jected 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 150 ft. outer perimeter set back may be permitted at the time of the site plan approval. All slopes and banks shall be sloped at a ratio of 3:1, graded, and dressed up. (6-b) Permanent boundary corners with intermediate stakes at minimum in- tervals of 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. -2- (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 30 days and the Zoning Commission finds the submitted plan to be ac- ceptable. (8) Review and Findings by the Indian River 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 reas- onable time for correction of such deficiencies. (9) The Indian River County Zoning Commission shall, upon approval of the Mining Site Plan order issuance by the County Administrator of an Oper- ating 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 Zoning Commission. (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 in- spect 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 ordi- nance. (11) Bond The County Administrator after sufficient review and prior to forward- ing the mining site plan to the County Zoning Commission shall establish the amount of bond, which bond shall be conditioned upon compliance with the site plan as approved. In the event of failure to comply with the site plan and this ordinance, this shall result in forfeiture of the bond to the Board of County Com- missioners of Indian River County, Florida. The bond shall be $1,,000. 00 per acre, with a minimum of $5, 000. 00, not to exceed $10, 000. 00. For the pur- poses of the bond requirement, the owner or his agent shall divide the mining operation into phases, not to exceed 20 acres each, which shall be shown on the site plan. When one phase is completed and in conformance with the submitted site plan, and in conformance with this Ordinance, the bond may be transferred to the next phase under the Site Plan. This process shall be continued through the completion of each mining operation. Only one 20 acre phase shall be mined at a time. (12) Permit Revocated Operating Permits as defined in (9) may be suspended by the County Administrator in the event of the owner and/or operators non-compliance with -3- the approved Mining Site I'Ian upon clue notification of reasons for the deter- mination of non-compliance and provisions of reasonable opportunity for cor- rection of deficiency. All mining operations shall stop during the period of suspension. (12-a) Appeals Any person receiving written notice of suspension of the operating per- mit from the County Administrator may within fifteen (15) days following the date of such notice enter an appeal in writing to the Board of County Commis- sioners of Indian River County, Florida. Such appeal shall state the location of the property, the date of the notice of violations, and the number of such notice. The Board of County Commissioners after holding a hearing on this appeal may continue the suspension, modify the suspension, revolve the oper- ating permit, or reverse the decision of the County Administrator. 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. (12-b) Violations & Penalties Any person, firm or corporation, or anyone acting in behalf thereof, who shall violate or fail to comply with any of the provisions of this ordinance shall be guilty of a misdemeanor punishable as provided by law. Each day after the first seven days that a violation of this ordinance is continued or permitted to exist without correction shall constitute a separate offense. The Board of County Commissioners may enforce the provisions of this zoning ordinance by seeking injunctive relief or any other remedies provided by law. (13) Annual Progress Report The operator holding a valid Operating Permit shall file, on or before October 1, of each year, a written report, with the Zoning Commission, re- viewing the reclamation progress for the preceding 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 Commission upon request and for reasonable cause. (15) Applications for Permits Applications for Permits shall be submitted in accordance with the pro- visions established by Resolution of the Board of County Commissioners. (16) The invalidity of any Section or provision of the Ordinance shall not invalidate other Sections or provisions thereof. (17) THIS ORDINANCE SHALL TAKE EFFECT ON MARCH 23, 1976 -4-