HomeMy WebLinkAbout25-001 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE# 5442353 02/13/2025 10:15:09 AM
OR BOOK 5270 PAGE 760-762 Doc Type:ORDN
RECORDING: $27.00
ORDINANCE No. 2025-1
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST.
LUCIE COUNTY, FLORIDA, AMENDING LAND DEVELOPMENT CODE,
SECTION 11.05.11.A. MINING PERMITS CREATING AN ADMINISTRATIVE
APPROVAL PROCESS FOR MINING PERMIT EXEMPTIONS; PROVIDING FOR
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF
STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION;
AND PROVIDING FOR CODIFICATION.
WHEREAS, the Legislature of the State of Florida has, in Chapter 125 —County Government,
Florida Statutes, conferred upon local governments the authority to adopt regulations designed to
promote the public health, safety, and general welfare of its citizenry; and
WHEREAS, pursuant to Article 8 of the Florida Constitution and Section 125.66, Florida
Statutes, St. Lucie County possesses the police powers to enact ordinances in order to protect the
health, safety, and welfare of the County's citizens; and
WHEREAS, on August 1, 1990, the Board of County Commissioners of St. Lucie County,
Florida, adopted the St. Lucie County Land Development Code; and
WHEREAS, the Board of County Commissioners is authorized by Section 125.01(1)(h),
Florida Statutes, to establish, coordinate and enforce zoning and such business regulations as are
necessary for the protection of the public; and
WHEREAS, on October 17, 2024, the St. Lucie County Planning and Zoning Commission,
acting as the Local Planning Agency, held a public hearing, of which due notice was published in
the St. Lucie News Tribune, and recommended approval of the proposed amendment to the Board
of County Commissioners.
WHEREAS, on December 3, 2024, the Board of County Commissioners of St. Lucie County,
Florida, held the first of two required public hearings, of which due notice was placed in the St. Lucie
News Tribune.
WHEREAS, on January 7, 2025, the Board of County Commissioners of St. Lucie County,
Florida, held its second public hearing on the proposed ordinance, after publishing due notice in the
St. Lucie News Tribune.
WHEREAS,the Board has determined that the proposed amendments to the St. Lucie County
Land Development Code are consistent with the general purpose, goals, objectives, and standards
of the St. Lucie County Comprehensive Plan; are internally consistent with the remainder of the Land
Development Code; and are in the best interest of the health, safety and public welfare of the citizens
of St. Lucie County, Florida.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners that the St.
Lucie County Land Development Code is amended as set forth in the following amendments, as
shown in strkethough and underline format in Part A.
PART A. THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT
CODE ARE AS FOLLOWS:
Page 1 of 5
Words in strike through type are deletions from existing text.
Words in underlined type are additions to existing text.
Asterisks (***) indicate existing text not shown.
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 mining permit or mining permit
exemption from the Board of County Commissioners or an administratively approved
mining permit exemption. 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.
2. The following activities 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 installing utilities;
b. Removal of material from a site for the construction or removal of any foundations
for any building or other structure;
c. Removal of material for digging drainage or mosquito control ditches and canals by
authorized units and agencies of government;
d. Removal of material for digging drainage or mosquito control ditches and canals by
private persons when construction is permitted by all authorizing agencies, if any,
and when the excavated material is not removed from the involved tract of land;
e. Removal of material for existing agricultural operations;
f. Removal of material for accessory uses of land, such as septic tanks, graves, etc.,
that are designed to be filled and graded upon completion of excavation; and
g. Removal of material for a swimming pool when construction is permitted by all
authorizing agencies_
143. The removal of material less than thirty thousand (30,000) cubic yards shall require
administrative approval of a mining permit exemption. This is limited to the removal of
material less than thirty thousand (30,000) cubic yards for approved 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 customarily associated with on-site development_ however—i The property
owner or authorized agent shall submit the following for the County Engineer's approval:
-�a. A sketch plan indicating the size, shape and location of the proposed excavation
amount and disposition of excavated material.
2-b. Setback of twenty-five (25) feet from any adjacent property line.
c. A sketch of the haul route with the proposed dates and times for the hauling
operations.
d. Copies of all applicable federal, state and local permits and/or authorizations.
e. Sufficient evidence to demonstrate the removal meets the standards in Section
Page 2 of 5
11.07.03(B), standards for review of conditional Use - Effects on Adjacent Properties.
The application may be determined to comply with the provisions of this Code and
the St. Lucie County Comprehensive Plan by the County Engineer, under certain
conditions or exceptions, in consideration of existing site conditions, location and
potential for impact on public facilities, natural resources, and health and public safety.
In such case, the County Engineer or designee shall provide a written statement to
the applicant setting forth any applicable conditions or exceptions.
Action. Within 20 working days of receiving the complete mining permit
exemption application, the County Engineer shall request additional clarifying
information, approve, approve with conditions, or deny the application for
removal of material. The conditions may include certain restrictions to the
proposed operation, a maintenance agreement bond or line of credit and specific
provisions for revocation of the approval.
Notice of Action. Notification of the decision of the County Engineer shall be
provided to the Board of County Commissioners at a regularly scheduled Board
of County Commissioners meeting, and the decision shall be filed with the Office
of the Planning and Development Services Director in accordance with
Subsection 11.00.04(F), notification and recorded in the Public Records of St.
Lucie County.
34. All off-site removal of material in excess of one thirty-thousand OjDG) (30,000) cubic
yards shall 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 GRe hundFed thirty-
thousand {'f993 (30,000) cubic yards shall be in accordance with Section 11.00.04, hearing
procedure. In reviewing the request for the removal of material in excess of one hundred
(100)-thirty-thousand (30,000) cubic yards, the Board of County Commissioners shall
consider the report of the County Engineer to determine
whether the removal meets the standards in Subsection 11.07.03(B), standards for review
of conditional use - Effects on Adjacent Properties. The property owner or authorized agent
shall submit the following for the County Engineer's approval:
a. A sketch plan indicating the size, shape and location of the proposed excavation
amount and disposition of excavated material.
b. Setback of twenty-five (25) feet from any adjacent property line.
c A sketch of the haul route with the proposed dates and times for the hauling
operations.
d. Copies of all applicable federal state and local permits and/or authorizations.
e. Sufficient evidence to demonstrate the removal meets the standards in Section
11.07.03(B) standards for review of conditional Use - Effects on Adjacent Properties.
The application may be determined to comply with the provisions of this Code and
the St Lucie County Comprehensive Plan by the County Engineer, under certain
conditions or exceptions in consideration of existing site conditions, location, and
potential for impact on public facilities natural resources, and health and public safety.
In such case the County Engineer or designee shall provide a written statement to
the applicant setting forth any applicable conditions or exceptions.
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 Subsection
11.00.04(E). The decision on the application shall be by resolution setting forth
Page 3 of 5
the findings of the Board of County Commissioners and any condition, limitation,
or requirement of such decision
Notice of Action. Notification of the Board of County Commissioners' decision
shall be mailed to all parties, and the decision shall be filed with the Office of the
Planning and Development Services Director in
accordance with Subsection 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:
(1) Violation of any condition imposed upon such approval; and
(2) 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
GFewth Management 8irester County Engineer, the Direster County
Engineer shall revoke the permit and notify the Board of County
Commissioners of the revocation.
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. 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 D. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
PART E. FILING WITH THE DEPARTMENT OF STATE.
The Clerk 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. 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 re-lettered to accomplish such intention.
Part H. ADOPTION.
Page 4 of 5
After motion and second, the vote on this ordinance was as follows:
Cathy Townsend, Commissioner YES
James Clasby, Commissioner YES
Erin Lowry, Commissioner YES
Jamie Fowler, Chair YES
Larry Leet, Vice Chair YES
N`J
PASSED AND DULY ADOPTED this day of 2025.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
(,—IA'U
• GOMM/ss� BY:
Deputy Cler Oy Chair
Cn \
* * APPROVED AS TO FORM AND
CORRECTNESS:
Gc�F CoU?Hilo, �c
BY:
County or y
Page 5 of 5
RON DESANTIS CORD BYRD
Governor Secretary of State
February 12, 2025
Michelle R. Miller
Clerk & Comptroller
St. Lucie County
2300 Virginia Ave.
Fort Pierce, FL 34982
Dear Michelle Miller,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Ordinance No. 2025-1, which was filed in this office onFebruary 11,
2025.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL/dp
R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
Chymbee Keith
From:Municode Ords Admin <MunicodeOrds@civicplus.com>
Sent:Wednesday, February 12, 2025 6:24 AM
To:Chymbee Keith
Subject:RE: St. Lucie County, FL Land Development Code - 2009(14641)
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From: Chymbee Keith <Chymbee.Keith@stlucieco.gov>
Sent: Tuesday, February 11, 2025 10:55 AM
To: Municode Ords Admin <MunicodeOrds@civicplus.com>
Cc: Susan Bellamy <Susan.Bellamy@stlucieco.gov>; Kellie Harris <Kellie.Harris@stlucieco.gov>; Rafaela Mendez
<Rafaela.Mendez@stlucieco.gov>
Subject: Ordinance No. 25-001 – from 1/7/25 BOCC meeting
You don't often get email from chymbee.keith@stlucieco.gov. Learn why this is important
Good afternoon,
Attached is Ordinance No. 2025-1
Government Representing: St. Lucie County Board of County Commissioners
Name and/or Title: Chymbee Keith, Legal Assistant
Ordinance Number: 2025-1
Date Passed: 1/7/2025
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Description: An Ordinance Amending Land Development Code, Section 11.05.11.A. Mining Permits
creating an administrative approval process for Mining Permit Exemptions
**Please add this ordinance to our “NOW” service**
Thank you.
Best Regards,
Chymbee Keith| Legal Assistant | County Attorney’s Office
Ph: 772-462- 1441 | 2300 Virginia Ave. Fort Pierce 34982
chymbee.keith@stlucieco.gov
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