HomeMy WebLinkAbout2018-024ORDINANCE 2018- 024
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
SECTION 934.04, SUB -SECTION (7), EXCAVATION INCIDENTIAL TO DEVELOPMENT
PROJECTS; BY AMENDING SECTION 934.07(3), CONDITIONS OF THE MINING
PERMIT; AND BY PROVIDING FOR SEVERABILITY; REPEAL OF CONFLICTING
PROVISIONS; INCLUSION IN THE CODE OF LAWS AND ORDINANCES; 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 91:
Amend LDR Section 934.04, "Exemption" by amending 934.04(7) "Excavation incidental
to development projects"; as follows:
(7) Excavation incidental to development projects.
(a) Small-scale transfer of excess material. Excavation incidental to any authorized
Indian River County development order or permit, excluding permits for
individual single-family homes and single-family ponds on individual lots or
parcels, including approved site plans, subdivision plats, final development plans
and/or building permits, shall be exempt if no more than five thousand (5,000)
cubic yards of excavated materials are transferred from the project site. Prior to
transfer of material from the project site, the project developer shall apply for and
obtain a temporary use permit (TUP) from the community development director
or his designee for such transfer of material. The authorized transfer of material
from a development project site to adjacent right-of-way shall be considered the
same as transfer of material within the boundaries of the development project site.
Transfer of material off site shall occur within a continuous period ("window") of
time not to exceed two (2) months and be limited to the hours of 7:00 a.m. and
5:00 p.m. Monday through Friday. This paragraph shall not be construed to
exempt excavation activities resulting in the creation of a waterbody from
satisfying the littoral zone and water management standards of subsection
934.06(1).
(b) Medium -scale transfer of excess material. For excavation incidental to authorized
site plans, subdivisions, or planned developments, excavation material transferred
from the project site may exceed five thousand (5,000) cubic yards, provided that:
1. The extraction process and hauling of excavated materials from the project
site is completed within a two (2) month continuous period of time beginning
with the initial transfer of material off the development project site. The
transfer of material off site shall not occur until a county land development
permit has been issued, a land development permit waiver has been granted,
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ORDINANCE 2018-024
limited to occurring between the hours of 7:00 a.m. and 5:00 p.m. Monday
through Friday;
2. Water depth within a created waterbody (as applicable) shall not exceed
twelve (12) feet;
3. The provisions of subsection 934.07(5), pertaining to the posting of
compliance and restoration security, are satisfied;
4. The provisions of section 934.08, pertaining to the hauling of excavated
materials on public and private roads and the posting of road maintenance
security, are satisfied;
5. The provisions of subsection 934.06(1), pertaining to littoral zone and water
management standards for created waterbodies, are satisfied; and
6. No dewatering occurs within one thousand (1,000) feet of any platted
subdivision that is not serviced by public water;
7. The project developer applies for and obtains an administrative site plan
approval for the transfer of material off site.
(c) Large-scale transfer of excess material. Incidental to construction mining activity
on projects, including project phases, over three hundred fifty (350) acres in size
may shall be permitted for- up to eighteen (18) eentinuous months ftem the date e
eemmeneemefA of off site t,,,,,ling of o o material in conjunction with each
land development permit issued for the project or for separate phases or sub -
phases of the proiect, if each of the following conditions is satisfied:
• That the project developer applies for and obtains site plan approval for the
transfer of material off-site. The site plan application submitted for approval
shall provide sufficient information to demonstrate compliance with all
applicable Chapter [subsection] 934.04(7)(b) standards set forth above.
• That the quantity of excess fill produced by project construction and proposed
to be hauled off site is the result of complying with water management or
environmental requirements, or stormwater management improvements
recommended by jurisdictional agencies.
• That the quantity of excess fill to be hauled off site requires more than two (2)
months of excavation and hauling activity, and that the applicant has
demonstrated that the requested timeframe (up te eighteen (18) eentinuous
mei#hs) is necessary to haul the quantity of material involved.
• That no fill is exported from the Project site unless and until a land
development permit is issued for the proiect and that permit specifies a
timeframe for exporting excess fill off-site not to exceed a period of twelve
(12) months from commencement of site work.
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SECTION #2:
Amend LDR Section 934.07, "Mining permit and other regulations", by amending
934.07(3), "Conditions of the mining permit"), as follows:
(3) Conditions of the mining permit.
(a) Generally, the maximum project -site development phase for excavation pit activities
shall not exceed twenty (20) acres. During transition from one phase to the next, two
(2) phases may be active concurrently if security is posted for both phases in
accordance with these mining regulations. No portion of a pit (lake) shall be required
to be fully restored in accordance with the project's restoration plan until excavation
of the entire pit (lake) has ceased.
(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:
A three -hundred -foot setback from adjacent occupied structures (structures
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) All mining sites that exceed ten (10) acres in area shall be subject to the provisions of
section 934.05, water management standards. Projects creating waterbodies must also
provide a safety/security plan for the mining operation phase, including, but not
limited to, fences and/or berms, 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 ten (10) acres or less, the perimeter of the site adjacent to such an area shall
include a fifty -foot wide bufferyard and a type "A" buffer or its equivalent along said
site boundary.
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(f) No crusher, mixing plant, bin, tank, or structure directly involved in the production
process shall be located less than:
1. Six hundred (600) feet to any adjacent property zoned residential, or
2. Six hundred (600) feet or twenty-five (25) percent of the project site width,
whichever is less, to any adjacent property not zoned residential. In no case shall
the setback to property not zoned residential be less than 250 feet.
(g) No explosives or active chemical agents shall be used to extract or process materials
on site.
(h) The community development department shall issue a mining permit upon site plan
and administrative permit approval, and a determination that all site plan release and
applicable Chapter 934 requirements are satisfied for permit issuance.
(i) 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.
(j) 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 unless extended by the
board of county commissioners as provided below:
Less than 10,000 cubic yards
10,000-99,999 cubic yards
100,000-500,000 cubic yards
Over 500,000 –1,000,000 cubic yards
1,000,000 – 2,000,000 cubic yards
1 year
2 years
5 years
10y ears
15 years
Over 2,000,000 cubic yards 1 20 years
Note: Owners/operators of mining operations approved prior to adoption of the 15
year and 20 year time frames cited above may obtain a staff level approval
to modify their mining operation time frames consistent with the time
frames cited above, if the mining operation is in compliance with its County
site plan approval, mining permit, and all jurisdictional agency permits
related to the mining operation.
1. 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.
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(k) The mining site shall be restored in accordance with the approved restoration plan.
Within five (5) months of the end of the approved timeframe (including any
extension), the operator shall submit to the county a written notice stating that the
mine is inactive and has been restored. Such notice shall be accompanied by two (2)
signed and sealed as -built surveys of the site demonstrating substantial conformance
with the approved project restoration plan. Restoration work shall then be inspected
for compliance with the approved project restoration plan by county staff within six
(6) months of the end of the approved timeframe (including any extension) for the
mining operation. None of the security posted with the county in accordance with
these mining regulations shall be returned unless and until the requirements of this
subsection "(k)" are satisfied.
SECTION #3: 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 #4: 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 #5: 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 #6: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
This ordinance was advertised in the Press -Journal on the 4th day of November '2018,
for a public hearing to be held on the 20th day of November , 2018, at which time it
was moved for adoption by Commissioner o' Bryan seconded by
Commissioner Flescher , and adopted by the following vote:
Commissioner Susan Adams AYE
Commissioner Joseph E. Flescher AYE
Commissioner Peter D. O'Bryan AYE
Commissioner Bob Solari AYE
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Commissioner Tim Zorc AYE
The Chairman there upon declared the ordinance duly passed and adopted this 20th day
of November , 2018. •�ourlrr"C""�
•O+.
BOARD OF COUNTY COMMI981ONE
OF INDIAN RIVER COUNTY
Bob Solari, Chairman ' ......•...
ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller
BY:
Deputy Clerk
This ordinance was filed with the Department of State on the following date: I a 7 a2D
APPROVED AS TO FORM AN LEGAL SUFFICIENCY
Dylan Reingold, County Attorney
APPROVED AS TO PLANNING MATTERS
i
Stan Boling, AICP; munity Development Director
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