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Home My WebLink About2012-012ORDINANCE 2012- 012 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENTS TO CHAPTER 934, EXCAVATION AND MINING, BY AMENDING MINING TRAFFIC AND NUISANCE MITIGATION STANDARDS SECTION 934.06(4); AND BY 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) CHAPTER 934, EXCAVATION AND MINING, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 934.06(4), Traffic and nuisance mitigation: (4) Traffic and nuisance mitigation. (a) The noise and nuisance requirements of Chapter 974 shall be satisfied. Normal operation of vehicles shall be deemed to meet Chapter 974 requirements. Pumps, crushers, and processing equipment (including portable equipment but not including vehicles) used on site shall be placed behind berms, located below surrounding ground level, or equipped with mufflers (e.g. "turbo -style" mufflers) or similar devices that significantly reduce the level of emitted noise. (b) Dust/particulates and material spillage shall be controlled in accordance with the approved project comprehensive dust and spillage control plan. (c) Material stockpiles shall not exceed a height of twenty-five (25) feet above the grade of the adjacent project site perimeter. (d) For purposes of these mining regulations, "haul route" shall mean the roadway segment(s) traveled by haul truck traffic from the mining site to the nearest paved major road intersection(s). The project haul route(s) shall be determined by the public works director or his designee as a result of the traffic impact methodology meeting with Public Works/Traffic Engineering. (e) Unpaved haul routes shall be improved and maintained to the following standards: 1. Minimum gradable base of twelve (12) inches of suitable road base material (material that can meet the compaction standard below) shall be provided for the duration of the mining project. The mining operator(s) shall add gradable base material as directed by the Public Works Director or his designee to meet this gradable base material standard. 2. Base material shall be suitably compacted to meet LBR (load bearing ratio) 40 standards. Bold Underline: Additions to Ordinance 1 Strii'm,,,�„'"Fou& Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\Ordinances\2012\Cairns934.doc ORDINANCE 2012- 012 3. The minimum gradable haul route width shall be twenty-four (24) feet, unless reduced by the Public Works Director for haul route segments not used by the general public. 4. Where unpaved haul routes or haul route segments are allowed and the anticipated project haul truck traffic from the proposed mine and approved mines sharing the same haul route segment(s) exceed an average of five hundred (500) truck trip ends per day [as defined in section (4)(f) below], the unpaved haul route segment(s) shall be improved and maintained to the following standards: a. Minimum sub -base of twelve (12) inches and twelve (12) inches of suitable road base material (material such as coquina or structural equivalent approved by the Public Works Director or his designee that can meet the compaction standard below) shall be provided for the duration of the mining project. b. Road material shall be suitably compacted to meet LBR (load bearing ratio) 100 standards. C. The minimum gradable haul route width shall be twenty-four (24) feet. (f) Haul routes or haul route segments shall be paved if the anticipated project haul truck traffic from the proposed mine and approved mines sharing the same haul route segment(s) exceed an average of seven hundred fifty (750) truck trip ends per day. (Truck trip ends are one -directional. For example, one (1) truck entering the mine = one (1) trip end; the same truck leaving the mine = a second trip end.) Applicants may enter into a developer's agreement to equitably share or recoup paving costs. 1. Paved haul routes shall meet the following specifications: a. Minimum pavement width shall be twenty-four (24) feet, unless reduced by the Public Works Director for haul route segments not used by the general public. b. Pavement thickness base and sub -base depths shall meet county thoroughfare and truck route specifications, including ESAL (equivalent single axle loads) and pavement strength coefficients. (g) The county's adopted level of service (LOS) for the project haul route and intersections significantly impacted by project truck traffic shall be evaluated using passenger car equivalents (PCEs) for anticipated haul truck traffic based on Institute of Transportation Engineers (ITE) standards for PCEs. (For example, a PCE of 2.3 passenger cars per haul truck would be used to evaluate the LOS for the project haul route and intersections impacted by the project.) Such evaluation shall use average daily haul truck traffic plus a fifteen (15) percent peaking factor. Where a haul route segment(s) is shared by more than one (1) mining operation, haul truck traffic from all the mining operations shall be used in the LOS evaluation. Bold Underline: Additions to Ordinance 2 Stril(O through: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\Ordinanccs\2012\Cairns934.doc ORDINANCE 2012-012 (h) To provide gaps in haul truck traffic on haul routes and prevent significant haul truck backups at haul route/major road intersections, the following truck frequency standards shall be satisfied: 1. A mining operator shall limit the frequency of haul truck trips to and from his mining operation on two-lane roads to no more than one hundred twenty (120) trip ends per hour, with trips ends as defined in subsection (4)(i) above. This frequency standard may be exceeded for delivery of materials to special or large projects if the operator first obtains approval from the Public Works Director of a maintenance of traffic plan. Such plan shall include a coordinated hauling schedule if a shared haul route is used and method of maintaining acceptable traffic flow to provide "gaps" for nonproject traffic along the haul route. Said plan may also require additional improvements to or security for maintaining the haul route, and may require coordination with other mining operators. 2. Along a two-lane haul route segment, cumulative haul truck trips shall not exceed two hundred forty (240) trip ends per hour, with trip ends as defined in subsection (4)(f) above. 3. To aid the county in monitoring haul truck trip frequency, applicants shall provide haul truck log information to the Public Works Director or his designee, upon request. (i) Where one (1) or more haul route segments are shared by more than one (1) mining operation, the operators of the affected mines shall obtain public works approval of a haul route improvement and maintenance plan that addresses shared responsibilities and use of posted security in the event that one (1) or more parties fail to perform its fair - share maintenance. 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 full 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. Bold Underline: Additions to Ordinance 3 Strike Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\Ordinances\2012\Cairns934.doc ORDINANCE 2012- 012 SECTION #5: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the 7th day of May 2012, for a public hearing to be held on the 22nd day of May , 2012, at which time it was moved for adoption by Commissioner Solari , seconded by Commissioner Flescher, and adopted by the following vote: Chairman Gary C. Wheeler Aye Vice Chairman Peter D. O'Bryan Aye Commissioner Bob Solari Aye Commissioner Wesley S. Davis Aye Commissioner Joseph E. Flescher Aye o�y►1SSIONFgs„'a. BOARD OF COUNTY COMMISSIONERS,��:' ''•.'; i; OF INDIAN RIVER COUNTY '• Gary C. 4eeler, Chairman ATTEST BY: f6 { : Jeffrey K. Barton, Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY NIA'j� /0)\-(; T� lawn S. Pola wick, Sr., County Attorney APPROVED AS TO PLANNING MATTERS Robert M. Keating, AICP; ommu Development Director Bold Underline: Additions to Ordinance Strip: Deleted Text from Existing Ordinance F:\Community Development\Users\CurDev\Ordinances\2012\Caims934.doc a]