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HomeMy WebLinkAboutO-81-01 -, . . ORDINANCE NO. 0 - g I-I AN ORDINANCE CREATING ARTICLE VIrI OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF SEBASTIAN DEFINING SAND MINING; STATING INTENT; REQUIRING PERMIT; STATING CONDITIONS OF PERMIT; PROCEDURE FOR REVO- CATION AND APPEALS; IMPOSING PENALTIES; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED by the City Council of the City of Sebastian, Florida, as follows: SECTION I. That Article VIII of Chapter 7 of the Code of Ordinances of the City of Sebastian, Florida, is created to read as follows: ARTICLE VIII, MINING AND EXCAVATION Sec, 7-110, General Provisions, (A) Mining and Excavation (1) Definition For the purpose of this Article Sand Mining shall mean the digging, stripping or removal by and 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. (2) Intent The process of hydraulic mining lends itself to an ope~ation 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, (~) 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 significant contribution to water conservation and storage without undue ecenomic burden to the operator. (d) Public policy of the City of Sebastian shall be that sand mining be conducted in a pr~per 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) The City of Sebastian shall promote the maximum ultimate environmental, 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; 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. Sec, 7-111. Areas, Boundaries and Zoning Classification. These provisions of this Article shall apply to all Sand Mining operations, ~herever conducted, within the corporate limits of the City. Said operations may be permitted as a special exception within any zoning district, Sec. 7-112. Permitted Uses. The following related acti~ities 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 aggregate. ec) Washing, grading and stock pil~ng of materials. Cd) Diking, channel digging and drainage as necessary to store, retain and circulate water and to interconnect mining pits. (e) Related activities serving the above. Sec. 7-113. Permit Required; Fee; Renewal Fees. (a) No p~rson, 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. (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 ($25.00) dollars to be paid by the owner of said mining operation on October 1 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. 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 sub-paragraph (b) below. (b) The Building Inspector after review and prior -2- ,,-' . . forwarding 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 and this Article, the bond shall be forfeited to the City of Sebastian, Florida, The bond shall be $1,000,00 per acre, with a minimum of $5,000,00, For the purposes of the bond requirement, the owner or his agent shall divide the mining operation 'into phases, not to exceed 20 acres each, which shall be shown on the site plan, When one phase is completed and in conformance, with the submitted site plan, and in con- formance with this Ordinance, the bond may be transferred to the next phase under the Site Plan. This process shall be conttnued through the completion of each mining operation, Only one 20 acre phase shall be mined at a time, Sec, 7-115, Minlng Site Plan Required. (a) No sand mining operation or work shall be conducted or sand mining operator1s permit be issued unless a Mining Site Plan for such operation shall have been submitted to the Building Inspector and, reviewed and approved by the City Planning and Zoning Board,. ' (b) In addition to other requirements, the mining site plan shall show that the mining operation is divided into phases, not to exceed 20 acres each. A permit shall not be issued for any site plan exceeding 20 acres, When one phase is completed and is in conformance with an approved site plan and this Article, a permit may be issued for the next phase under the site plan. · Review and Findings by the 'City of Sebastian Planning and Zonins Board. Upon submission of a Mining Site Plan to the Building Inspector, the Building Inspector shall forward said site plan, along with his comments~ to the City of Sebastian Planning and Zoning Board, The Planning and Zoning Board shall, within 30 daY$, notify the operator, at a meeting of the Planning and Zoning Board, its findings with regard to compliance with these regulations stating .th~ said Board's approval as submitted; or, stating the Boardts disapproval and setting forth the reasons, specifying the deficiencies that led to disapproval, and setting a reasonable time for correction of such deficiencies. See, 7-116. Sec, 7",117. Issuance of Permit. The City of Sebastian 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 (lO) days after the determination of compliance by the Planning and Zoning Board, Sec. 7",l18, Condition of a Permit, La) 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 projected Right~of",W~y line of any existing or proposed public road nor within one hundred and fifty (ISO) 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 ex~ ception to the ISO 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. - 3- ~.~. . . (b) Permanent boundary corners wi th intermediate stakes at minimum intervals 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. Sec. 7-ll9 Provisions for Continuing Operations Nothing herein shall be construed as a require- ment 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 30 days and the Planning and Zoning Board finds the submitted plan to be acceptable. 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 insure compliance with this Article. Said inspection shall occur at least once eaoh 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 insure compliance with this Article. Such information shall be furnished at the expense of the holder of the Operating Permit. See, 7-l2l 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 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. Sec. 7-122, Effect of Failure to File Annual Progress Report. Failure to file the required Annual Progress Report on or before October 1 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. Sec, 7-123 Suspension or Revocation of Permit. Operating Permits as defined in See 7-113 may be suspended or revoked by the Building Inspector in the event of the owner and/or operators non-compliance 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 non-compliance and provide a reasonable opportunity for correction of the deficienay. All mining operations shall stop during the period of suspension" See, 7-124 Appeals. (a) Any person receIvIng written notice of suspension or revocation of the operating permit from the Building Inspector may within fifteen (IS) days following the date of such notice, enter an appeal in writing to the City Council of the City of Sebastian, Florida, Such appeal shall state the location of the 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, -4- IIlIr ,- . . (b) No appeal filed later than fifteen (IS) days after the date of such notice shall be acted upon by the City Council, unless the Building Inspector shall consent thereto. See 7-125 Violations of 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 City Council may enforce the provisions of the Article by seeking injunctive relief or any other remedies provided by law. . SECTION II. All Ordinances or parts of Ordinances ln con- flict herewith are specifically repealed. SECTION III, This Ordinance shall take effect immediately upon becoming law. SECTION IV. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held unconstitutional or invalid, for any reason, such ruling shall not affect the validity or constitutionality of any of the remaining portions of this ordinance. * "Ie '* * '* I HEREBY CERTIFY that the foregoing Ordinance was finally passed by the City Council of the City of Sebastian, Florida, on the /;zd day of ~, 198f. f ~~ Mayor, CIty 0 astian ATTEST: Jjt)~kdJ 1<. ~ CitY er -5.. --- . ~ "."'1-.'. l . . I HEREBY CERTIFY that Notice of Public Hearing of the foregoing Ordinance was given in accordance with Section 166.041 of the Florida Statutes, that said public hearing was held in the City Hall of the City of Sebastian, Florida,'at 7:ooPrn., on the 7+{, day of ~__ 198~, and that the foregoing Ordinance was duly passed and adopted by the City Council of the City of Sebastian, Florida, on the I J-+I- day of , 198f. r~ 4~~o,L CIty Cl r . ~6~