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HomeMy WebLinkAboutO-88-01 . '. ., , . ORDINANCE NO. 0-88-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, REPEALING ARTICLE VIII OF CHAPTER 7 OF THE CODE OF ORDINANCES, CONSISTING OF SECTIONS 7-110 THROUGH 7-125, PERTAINING TO MINING AND EXCAVATION. WHEREAS, Article VIII of Chapter 7 of the City of Sebastian Code, pertaining to mining and excavation, was, in effect, superceded by Section 20A-5.19 of the City's Land Development Code, and said Article VIII of Chapter 7 should be repealed, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION 1. That Article VIII of Chapter 7 of the Code of Ordinances of the City of Sebastian, Florida, consisting of Sections 7-110 through 7-125, inclusive, attached hereto as Exhibit "A" .IS. HEREBY REPEALED. SECTION .ll. This Ordinance shall be effective immediately upon final passage by the City Council. FLORIDA by: I HEREBY CERTIFY that Notice of Public Hearing on this Ordinance was published in a newspaper of General Circulation in the City of Sebas~ian, Fl~rida, and that a public hearing was held hereon on thea..1 (jay of +~a)\.i.,o ' 1988, and following said public hearing, this Ordinance was passed by the City Council by the following Vote: Vice Mayor Roth ~~0 v Councilman Vallone 1A Councilman McCarthy IL~ Councilman Metcalf e~ , Mayor Harris ~L~ c;(a,ctulx / J1J [) lit?rJu2.L-p{ , Kathryrt M. O'Halloran, CMC/AAE City Clerk Approved as to Form and Content: :h ~44 ,,/?,~'}j;J (. " . Ci ty Attorney EXHIBIT "A" to Ordinance Repealing ARTICLE VIII of Chapter 7, Code of Ordinance, City of Sebastian, Fla. ARTICLE VIII. MINING AND EXCAVATION Ii i; , f, ! i: " i I I I j ! I I \ Sec. 7-110. General provisions. (a) Definition. For the purpose of this article "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 of the premises. Mining shall be further defined to include oil and/or natural gas drilling or excavation. (b) 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: (1) Sand mining. conducted in conformance with this article. lends itself to virtually one hundred (100) per Supp. No. 9 482 . 1 j BUILDINGS AND BUILDING REGULATIONS ~ 7-110 cent recirculation of water and does not contribute to either air or water pollution. Sand mining need not have any adverse effect on adjoining properties. ' (2) Sand mining is a temporary use with no adverse. l~ range effect on the ultimate utilization of the land. normal purposes. (3) Sand mining conducted in accordance with a prede- termined 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 to the operator. (4) Public policy of the city 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. (5) The city shall promote the maximum ultimate environmental. aesthetic and economic values that can be produced at any given site. (6) The promotion of increased water storage facilit. such as lakes and connecting canals. that can be Supp. No.9 482.1 BUILDINGS AND BUILDING REGULATIONS ~ 7-113 logically are. created in this process; and 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 relations. (Ord. No. 0-81-1. ~ 1. 1-12-81) . Sec. 7-111. Areas, boundaries and zoning classifica- tion. These prOVISlons of this article shall apply to all sand mining operations. wherever conducted. within the corporate limits of the city. Said operations may be permitted as a special exception within any zoning district. (Ord. No. 0-81-1. ~ 1. 1-12-81) Sec. 7-112. Permitted uses. The following related activities shall be authorized after a sand mining operator's permit has been granted. (a) The clearing of land and stripping of overburden necessary to reach the deposit; (b) Excavation and/or extraction of the desired aggre- gate; (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; and (e) Related activities serving the above. (Ord. No. 0-81-1. ~ 1, 1-12-81) . Sec. 7-113. Permit required; fee; renewal fees. (a) No person. firm. corporation or other business entity shall engage in sand mining, as defined herein. without first filing an application for a permit. as herein provided. with the building inspector. Supp. No. 1 . 483 r 57-113 SEBASTIAN CODE (b) The owner shall be required to pay a fee with the application in an amount to be established by resolution of the city council. (c) There shall be an annual renewal fee of twenty-five dollars ($25.00) to be paid by the owner of said mining operation on October first of each year. (d) Applications for permits shall be submitted in accordance with the form and the provisions established by resolution of the city council. (Ord. No. 0-81-1. ~ 1, 1-12-81) Sec. 7-114. Bond required. (a) An applicant for a sand mining permit shall file with the building inspector. along with the application. a surety or other bond guaranteeing compliance with this article under the terms set forth in subparagraph (b) below. (b) The building inspector after review and prior for- warding the mining site plan to the planning and zoning board 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 ~nd this article, the bond shall be forfeited to the city. The bond shall be one thousand dollars ($1,000.00) per acre, with a minimum of five thousand dollars ($5.000.00). For the purposes of the bond requirement, the owner or his agent shall divide the mining operation into phases. not to exceed twenty (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 article, 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 twenty-acre phase shall be mined at a time. (Ord. No. 0-81-1, ~ 1, 1-12-81) Sec. 7-115. Mining site plan required. (a) No sand mining operation or work shall be conducted or sand mining operator's permit be issued unless a mining site plan for such operation shall have been submitted to the Supp.No.l 484 BUILDINGS AND BUILDING REGULATIONS 57-118. ) building inspector and. reviewed and approved by the city planning and zoning board. (b) In addition to other requirements, the mining site plan shall show that the mining operation is divided into phase~, . not to exceed twenty (20) acres each. A permit shall not be issued for any site plan exceeding twenty (20) acres. When one phase is completed and is in conformance with an approved site plan and this article. a permit may be issued for the next phase under the site plan. (Ord. No. 0-81-1, ~ 1, 1-12-81) \ \ Sec. 7-116. Review and findings by the city planning and zoning board. Upon submission of a mining site plan to the building inspector, the building inspector shall forward said site plan. along with his comments, to the city planning and zoning board. The planning and zoning board shall, within thirty (30) days, notify the operator, at a meeting of the planning and zoning board, its findings with regard to compliance with these regulations stating the said board's approval as submitted; or, stating the board's disapproval and setting forth the reasons, specifying the deficiencies that led to disapproval, and setting a reasonable time for correction of such deficiencies. (Ord. No. 0-81-1, S 1, 1-12-81) . Sec. 7-117. Issuance of permit. The city planning and zoning board shall, upon approval of the mining site plan, order issuance by the building inspector of an operating 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 planning and zoning board. (Ord. No. 0-81-1, S 1, 1-12-81) Sec. 7-118. Condition of a permit. (a) The land surface shall be restored to a condition whi~h is in complete compliance with the site plan for reclamation and rehabilitation of the area. This shall be done Supp. No. 1 . 485 ri S 7-118 SEBASTIAN CODE concurrently with the mining operation of each calendar year. Mining shall not be carried on within one hundred and fifty (150) feet of the projected 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 one hundred fifty-foot outer perimeter setback may be permitted at the time of the site plan approval. All slopes and banks shall be sloped at a ratio of three to one [3:1], graded, and dressed up. (b) Permanent boundary corners with intermediate stakes at minimum intervals of three hundred (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. (Ord. No. 0-81-1. ~ 1, 1-12-81) Sec. 7-119. Provisions for continuing operations. Nothing herein shall be construed as a requirement that an operator of an existing and sand mind shall cease operations until the required mining site plan has been approved, provided the said mining site plan shall be submitted within thirty (30) days and the planning and zoning board finds the submitted plan to be acceptable. (Ord. No. 0-81-1, ~ 1. 1-12-81) Sec. 7-120. Inspection. (a) The building inspector. or his authorized agent shall periodically inspect all sand mining operations being conducted within the corporate limits of the city to ensure compliance with this article. Said inspection shall occur at least once each year. (b) The holder of an operating permit shall submit to the building inspector. or his authorized agent, such data, reports or other information as the building inspector shall reasonably require to ensure compliance with this article. Such information shall be furnished at the expense of the Supp. No.1 486 BUILDINGS AND BUILDING REGULATIONS S 7-124 holder of the operating permit. (Ord. No. 0-81-1, ~ 1, 1-12-81) Sec. 7-121. Annual progress report. - . The operator holding a valid operating permit shall file, on or before October first, of each year, a written report, with the planning and zoning board, reviewing the reclamation progress for the preceding calendar year and identifying lands expected to be mined and lands planned for reclamation during the current year. (Ord. No. 0-81-1, ~ 1, 1-12-81) Sec. 7-122. Effect of failure to file annual progress report. Failure to file the required annual progress report on or before October first shall be grounds for suspension of the operating permit, however, an extension of time for filing may be granted by the planning and zoning board upon request and for reasonable cause. (Ord. No. 0-81-1, ~ 1, 1-12-81) . Sec. 7-123. Suspension or revocation of permit. Operating permits as defined in section 7-113 may be suspended or revoked by the building inspector in the event of the owner and/or operators noncompliance with the approved mining site plan or other violations of this article. The building inspector shall duly notify the operator of the reasons for the determination of noncompliance and provide a reasonable opportunity for correction of the deficiency. All mining operations shall stop during the period of suspen- sion. (Ord. No. 0-81-1, ~ 1, 1-12-81) \ \ Sec. 7-124. Appeals. (a) Any person receiving written notice of suspension or revocation of the operating permit from the building inspector may within fifteen (15) days following the date .of . such notice, enter an appeal in writing to the city council Gf the city. Such appeal shall state the location of the Supp. No. 10 487 , S 7-124 SEBASTIAN CODE . property. the date of the notice of violations. and the number of such notice. The city council, after holding a hearing on this appeal. may continue the suspension. modify the suspension. revoke the operating permit or reverse the decision of the building inspector. (b) No appeal filed later than fifteen (15) days after the date of such notice shall be acted upon by the city council, unless the building inspector shall consent thereto. (Ord. No. 0-81-1, ~ 1, 1-12-81) Sec. 7-125. 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 article shall be guilty of a misdemeanor punishable as provided by law. Each day after the first seven (7) days that a violation of this article is continued or permitted to exist without correction shall constitute a separate offense. The city council may enforce the provisions of the article by seeking injunctive relief or any other remedies provided by law. (Ord. No. 0-81-1. ~ 1. 1-12-81) . ) Sees. 7-126-7-134. Reserved. .