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Home My WebLink About09-025 • ORDINANCE N0. 09-025 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO REVISE SECTION 11.05.11(A)(2) "REQUIREMENT FOR PERMIT; EXEMPTIONS"; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR APPLICABILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR CODIFICATION AND PROVIDING AN EFFECTIVE DATE WHEREAS, WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County, Florida, adopted the St. Lucie County Land Development Code. 2. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-03 March 14, 1991 91-09 May 14, 1991 91-21 November 7, 1991 92-17 June 2, 1992 93-01 February 16, 1993. 93-03 February 16, 1993 93-05 May 25, 1993 93-06 May 25, 1993 93-07 May 25, 1993 94-07 June 22, 1994 94-18 August 16, 1994 94-21 August 16, 1994 95-01 January 10, 1995 96-10 August 6, 1996 97-01 March 4, 1997 97-09 October 7, 1997 97-03 September 2, 1997 99-01 February 2, 1999 99-02 April 6, 1999 99-03 August 17, 1999 99-04 August 17, 1999 99-05 July 20, 1999 99-05 July 20, 1999 99-015 July 02, 1999 99-16 September 7, 1999 99-018 November 2, 1999 00-10 June 13, 2000 00-011 June 13, 2000 00-12 June 13, 2000 00-013 June 13, 2000 01-03 December 18, 2001 02-05 June 24, 2002 02-09 March 5, 2002 02-20 October 15, 2002 02-29 October 15, 2002 03-05 October 7, 2003 04-02 January 20, 2004 04-07 April 20, 2004 05-07 January 18, 2005 05-013 November 8, 2005 05-16 August 16, 2006 05-023 September 20, 2005 06-17 May 30, 2006 06-018 May 30, 2006 06-030 September 12, 2006 06-047 December 5, 2006 Underlined passages are added, -1 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3406207 10/30/2009 at 10:05 AM OR BOOK 3140 PAGE 2709 - 2714 Doc Type: ORDN RECORDING: $52.50 07-011 February 6, 2007 07-015 May 1, 2007 07-032 November 6, 2007 07-041 September 4, 2007 07-055 November 20, 2007 08-004 March 11, 2008 08-008 June 17, 2008 08-012 September 9, 2008 08-025 September 16, 2008 09-003 January 20, 2009 09-013 May 19, 2009 3. On August 20, 2009, the Local Planning Agency/Planning and Zoning Commission held a public hearing on .the proposed ordinance after publishing notice in the Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. On August 20, 2009, the Local Planning Agency/Planning and Zoning Commission voted to recommend that the Board of County Commissioners approve the. proposed ordinance. 4. On September 15, 2009, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on September 4, 2009 5. On October 6, 2009, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on September 25, 2009. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. Chapter XI "ADMINISTRATION AND ENFORCEMENT" is hereby amended to read as follows: 11.00.00 ADMINISTRATION AND ENFORCEMENT Sections 11.00.01 through Section 11.05.10 remain unchanged. Section 11.05.11 MINING PERMITS is hereby amended to read as follows: 11.05.11. Mining Permits. A. Requirement for Permit; Exemptions 1. Except as provided in this Section, no mining or excavation operation shall be conducted in the unincorporated areas of St. Lucie County without a permit from the Board of County Commissioners. As used in this Section, the terms "mining" and "excavation operation" include any operation that entails the excavation or removal of earth off-site in excess of one hundred (100) cubic yards_ Underlined passages are added. '2- ~#pnelF#~greegkr passages are deleted. 2. ~i~ies:-The followingactivities shall be exempt from the mining permit requirement provided that all applicable federal state and local permits and/or authorizations have been obtained and the removal of the material remains on-site and is required to support development on-site: a. Removal of material for ~g installing utilities; or, b. Removal of material from a site for the construction or removal of ~g foundations for any building or other structure. e~ or, c. Removal of material for di~;~in~ g drainage or mosquito control ditches and canals by authorized units and agencies of government; or, d. Removal of material for digQin~ Bing drainage or mosquito control ditches and canals by private persons when construction is permitted by alt authorizing agencies, if any, and when the excavated material is not removed from the involved tract of land; or, e. Removal of material for existing_agricultural operations: or e:f. Removal of material ~c~g for accessory uses of land, such as septic tanks, graves, etc., that are designed to be filled and graded upon completion of excavation; or Removal of .material for a swimming pool when construction is permitted by all authorizing agencies. h. Removal of material for development in which the material is being excavated to provide on-site stormwater management and/or on- site fill for elevating. roads houses buildings, sidewalks, driveways parking areas or other features customarilyassociated with on-site development• however the property owner shall submit the following for the County Engineer's approval: Underlined passages are added. '3- ~ra+igkt passages are deleted. ' 1. A sketchplan indicating the size, shape and location of the proposed excavation amount and disposition of excavated material. 2. Set back of 25 feet from any adjacent property line. 3. All off-site removal of material in excess of one hundred (100) cubic yards shalt require a public hearing and action before the Board of County Commissioners in accordance with the provisions of Section 11.00.03, notice of public hearing The public hearing held on the application for removal of materials in excess of 100 cubic yards shall be in accordance with Section 11.00.04 hearing procedure. In reviewing the request for removal of material in excess of 100 cubic yards, the Board of County Commissioners shall consider the report of the Growth Management Director to determine whether the removal meets the standards in Section 11.07.03(8) standards'for review of conditional use -Effects on Adiacent Properties. Action Within a reasonable time of the conclusion of the public hearing, the Board of County Commissioners shall approve, approve with conditions, or deny the application''for removal of material in accordance with Section 11 00 04(E,. The decision on the application shall be by resolution setting forth the findings of the Board of County Commissioners and any condition, limitation, or requirement of such decision Notice of Action. Notiification of the Board of County Commissioners' decision shall be mailed to allparties and the decision shall be filed with the Office of the Growth Management Director in accordance with Section 11.00.04(F), notification. Revocation of Permission to Removal Material. In addition to any other penalty and remedy for violation of this Code, it shall be a condition of every removal of material approval that such approval may be revoked for: Violation of any condition imposed upon such approval, and Upon complaint and proof of adverse effect on adjacent properties The permit may be revoked only after the Board of County Commissioners holds a public hearing in accordance with Section 11.00.04 unless the permittee consents to a revocation of the permit. If the permittee provides written consent to the revocation to the Growth Management Director, the Director shall revoke th~ermit and notify the Board of County Commissioners of the revocation. Underlined passages are added. '4'" ugh passages are deleted. The remainder of Section 11.05.11 remains unchanged. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. PART D. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative. Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Paula A. Lewis AYE Vice Chair Charles Grande AYE Commissioner Doug Coward AYE Commissioner Chris Craft AYE Commissioner Chris Dzadovsky AYE Underlined passages are added. 'rJ- ~eagY+ passages are deleted. PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Land Development Code, and the word ordinance may be changed to section, article, or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts C through H shall not be codified. PASSED AND DULY ADOPTED this 6th day of October, 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA ,ter BY: _ Deputy Clerk Chairman ^Y to ~ zy 1./~ APPROVE AS TO FORM AND ~ ` ~ COR EC SSA r-~, 3 :r County~Attorl'1(! y,? 1 Underlined passages are added. -6- Neagh passages are deleted.