The URL can be used to link to this page

Home My WebLink AboutO-97-11 ORDINANCE NO. 0-97-11 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE REGARDING PROCEDURES REGARDING LAND EXCAVATION AND FILL, EXCAVATION AND MINING - EXCEPTIONS, EXCA VA nON AND MINING - MINING PERMIT REGULATIONS, EXCAVATION AND MINING - APPEALS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the Land Development Code relating to procedures regarding land excavation and fill, excavation and mining - exceptions, excavation and mining - mining permit regulations, excavation and mining - appeals; and WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the best interests of the health, safety, and general welfare of the community to do so, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, THAT: Section 1. Section 20A-5.22.(i)7. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-5.22. Same - Exceptions. ***** (i) A pond on a single-family residential lot, provided that: 1 1. The pond is no greater than one-half acre in size or twenty (20) percent of the lot, whichever is more restrictive; 2. No excavation takes place within fifty (50) feet of the lot property line; 3. The excavation does not disturb any existing wetland; 4. Average water depth in the pond does not exceed twelve (12) feet; 5. Side slopes are not greater than one foot vertical to four (4) feet horizontal; and 6. There shall be no hauling of excavated material from the property. ***** Section 2. Section 20A-5.30. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-5.30. Same - Mining permit regulations. (a) Applicability. A city mining permit shall be required for any mmmg activity except as specifically exempted in section 20A-5.22. Any request for a mining permit shall be considered to be an application for a special use permit, and the procedure set forth in section 20A-2.6 of this Land Development Code shall be followed. Application procedures. Mining permit applications shall be made in the Community Development Department in accordance with full site 2 plan submittal requirements set forth m Article X, "Site Plan Review." ..... ***** (7) All mining activities shall ensure that measures are taken to control dust. (8) Provisions for continuing operation. 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. ***** (d) Operating conditional of mining. ***** (4) Annual progress report. The applicant holding a valid mmmg permit shall file, on or before October 1 of each year, a written report with the city Community Development Department identifying the lands mined and reclaimed for the preceding calendar year and identifying lands expected to be mined and lands planned for reclamation during the current year. The report shall also verify compliance with all conditions of other permitting authorities and 3 shall note the expiration dates for all permits. 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 planning and zoning commission upon written request and for reasonable cause, after hearing. ***** (e) Requirement of bonds and forfeiture. ***** (4) Renewal. Within thirty (30) days preceding bond expiration, a bond renewal or new bond, in form and amount approved by the city manager and city attorney, shall be filed in the Community Development Department. This process shall be continued through the completion of each mining operation. (5) Forfeiture. Upon finding of noncompliance with the provisions of this code or the approved mining site plan or reclamation site plan, or failure to renew bonds within thirty (30) days of expiration, the Community Development Director shall notify the permit holder in writing of the noncompliance and the pending forfeiture of the compliance and/or restoration bond. This notice shall also include notice ofthe appeal process as set forth in section 20A-5.44. 4 Section 3. Section 20A-5.44. of the Land Development Code, City of Sebastian, Florida is hereby amended to read as follows: Sec. 20A-5.44. Same - Appeals. (a) Any person receiving written notice of suspension of a permit may, within fifteen (15) days following the date of such notice, enter an appeal in writing to the city council. Such written appeal shall be deposited with the city clerk who shall stamp thereon the date and time received. Such written appeal must include a description of the property and the date of the notice of violations. The city council shall, within fourteen (14) days, hold a hearing on this appeal. At the conclusion of such hearing, the city council may continue the suspension, modify the suspension, revoke the operating permit, or reverse the decision of the Community Development Director. ***** Section 4. CODIFICATION. It is the intention of the City Council of the City of Sebastian, Florida, that the provisions of this Ordinance shall become and be made a part of the Land Development Code of the City of Sebastian, Florida, and that the sections of this Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to "Section", "Article", or such other word or phrase in order to accomplish such intention. 5 Section 5. CONFLICT. All other Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. SEVERABILITY. If any clause, section, or other part or application of this Ordinance shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated, in no way affecting the validity of the remaining portions or applications, which shall remain in full force and effect. Section 7. EFFECTIVE DATE. This Ordinance shall become effective on July 1, 1997. PASSED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON FIRST READING, TillS DAY O~"W;:;r ,l/" 1997. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, ON SECOND AND FINAL READING, THIS ~ DAY OF rfl ~L/,!!?' 1997. The foregoing Ordinance was moved for adoption by Councilmember ~4Jh~ duzu/ The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: 6 Mayor Louise R. Cartwright Councilmember Norma J. Damp ~-R/ dlx/ ap1!/ at!~-j /UJJ!j rJ Vice Mayor Walter W. Barnes Councilmember Raymond Halloran Councilmember Richard 1. Taracka The Mayor thereupon declared this Ordinance duly passed and adopted this / d.. day of I~~ 11"d=-' 1997. CITY OF SEBASTIAN, FLORIDA , BY:~JI6~1' e~ Louise R. Cartwright, Mayor ATTEST: q;:df--(() f)llf~ Kathryn M. OHalloran, CMC/ AAE ~ ......-. (SealL ~ ,.- "- ~ - - -:: - - - -- .. ~ ... "" - ~ .... 7 Approved as to Form and Content: ~cp~Q~ ~-- Valerie Settles City Attorney 8