File Number: 030653
|File Number: 030653||File Type: Ordinance||Status: In Draft|
|Version: 0||Reference:||Control: Governmental Operations and Environment Committee|
|Requester: NONE||Cost:||Final Action:|
|Sunset Provision: No||Effective Date:||Expiration Date:|
|Registered Lobbyist:||None Listed|
|Acting Body||Date||Agenda Item||Action||Sent To||Due Date||Returned||Pass/Fail|
|Governmental Operations and Environment Committee||4/15/2003||2E||Withdrawn|
|REPORT:||See Agenda Item 2E Substitute|
|Board of County Commissioners||3/13/2003||13M||Adopted on first reading||4/15/2003||P|
|REPORT:||The public hearing for the foregoing proposed ordinance was scheduled to be heard before the Governmental Operations and Environment Committee on April 15, 2003, at 9:30 a.m.|
|Board of County Commissioners||3/11/2003||13M||Carried over||3/13/2003|
|County Attorney||3/4/2003||Assigned||Governmental Operations and Environment Committee|
|County Attorney||3/4/2003||Assigned||Joni Coffey|
ORDINANCE PERTAINING TO ZONING REGULATION OF THE FILLING OF CERTAIN LAKE EXCAVATIONS AND ROCK PITS; PROVIDING STANDARDS AND PROCEDURES FOR ADMINISTRATIVE APPROVAL OF EXCAVATION FILL PLANS; PROVIDING STANDARDS AND PROCEDURES FOR PERMITS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 33-16.01 of the Code of Miami-Dade County, Florida, is hereby created as follows:1
>>Section 33-16.01. Administrative approval and permitting for filling of certain lake excavations and rock pits.
(I) Excavation Fill Plan Approval.
Notwithstanding the provisions of Section 13(e) of this Code pertaining to the filling of a lake excavation or rock pit, the Director shall consider and approve an application for a plan for the filling of a lawful existing lake excavation or rock pit ("excavation fill plan") when it is demonstrated that the application satisfies the requirements provided herein. It is provided, however, that nothing contained herein shall preclude an applicant from applying for public hearing approval to fill an excavation or rock pit pursuant to Section 33-311 of this Code. In approving an application under this section in whole or in part, the Director shall impose such conditions as necessary and appropriate to minimize the risk to public safety, health and welfare.
A. For purposes of this section the following terms shall apply:
(1) "fill project" shall include all aspects of the filling of a lake excavation or rock pit and all ancillary activity related to the filling, including but not limited to the transportation of fill to the excavation, the unloading, testing, sorting and removal of any fill material transported to the excavation that is not considered clean fill, the placement of the remaining clean fill into the excavation, and any required lake sloping associated with the fill project;
(2) "phased fill project" shall be defined as a fill project conducted in separate phases as approved by the Director, where the combined filling of all phases consists of no more than forty (40) gross acres of the area of a lake excavation or rock pit, measured waterward of the top of slope.
B. Excavation Fill Plan Requirements
(1) The application shall be for a fill project including a total of no more than forty (40) gross acres of the area of a lawful existing lake excavation or rock pit, measured waterward from the top of slope. No application shall be considered pursuant to this section for a fill project where the total acreage approved by the Director for a single lake excavation or rock pit would exceed forty (40) acres, whether approved in a single application or through multiple separate applications.
(2) The application shall seek approval of a fill project that will require no more than three (3) years to complete.
(3) The application shall not request approval to fill an excavation or rock pit regulated by a declaration of restrictive covenants that by its terms can be modified or eliminated only at public hearing.
(4) No portion of the excavation or rock pit proposed to be filled shall be on a parcel of land located (a) west of the salt barrier line, (b) within the Urban Development Boundary of the adopted Miami-Dade Comprehensive Development Master Plan (CDMP) Land Use Plan Map as may be amended from time to time, or (c) within a designated coastal or jurisdictional freshwater wetland.
(5) The excavation proposed to be filled shall be located entirely on a parcel of land (a) within an IU (Industrial) zoning district, or (b) within a GU (Interim) zoning district and designated industrial and office on the CDMP Land Use Plan Map.
(6) No portion of the requested fill project shall be located within a 1/2 mile radius of (a) the nearest property line of any parcel of land with a lawfully existing dwelling unit, or (b) any RU, EU or AU zoned property or property designated for Residential Communities in the CDMP and on the CDMP Land Use Plan Map. Such distance shall be measured from the closest point of the proposed filling activity to the nearest RU, EU or AU district boundary line and to the nearest property line of any parcel of land with a lawfully existing non-conforming dwelling unit in any other zoning district. For purposes of establishing such distances, the applicant for such filling approval shall furnish a certified survey from a registered surveyor, which shall indicate such 1/2 mile distance. Notwithstanding the provisions of this paragraph, a fill project proposed for less than six (6) months and no more than five (5) gross acres waterward of the top of slope shall not be subject to such distance requirements.
(7) The application shall provide that any remaining slopes not requested to be modified shall be in accordance with previously approved excavation plans or in accordance with the sloping requirements pursuant to Section 33-16(a)(6)(m) of this Code.
(8) The fill project shall be so designed and operated so as not to create noise, vibration, dust and traffic impacts beyond that which might be otherwise expected of an allowable industrial use in an IU zoning district.
(9) The application shall contain an off-site traffic route plan providing that the route utilized to transport the fill shall not lie in or adjacent to residentially zoned or CDMP Land Use Plan Map designated park or residential areas. The off-site truck route immediately abutting the fill project shall only utilize section line roads or major access roads, including major roadways (three or more lanes) and frontage roadways serving limited access expressways, providing such roadways do not abut residentially zoned or CDMP Land Use Plan Map designated park or residential areas. All applications under this section for filling of excavations shall include a detailed off-site truck route plan to ensure compliance with these provisions.
(10)The proposed filling project shall not contravene an express prohibition contained in a prior zoning resolution.
(11) The proposed filling project is so designed as not to create a material risk of groundwater contamination or any other adverse environmental impact as defined in Chapter 24 of the Code.
(12) If an excavation will be filled in phases, a phase plan shall be submitted with the initial excavation fill plan and permit plan application. The plan and supporting documents shall delineate the area to be filled in each phase and the time frame projected to close out each phase of the fill project.
(II) Excavation Fill Permit Approval
A. Permit Requirements
After approval of an excavation fill plan for a lake excavation or rock pit, the Director shall consider and approve an application for a permit to fill such lake or rock pit, where it is demonstrated that the following requirement have been met. In approving an application under this subsection in whole or in part, the Director shall impose such conditions as necessary and appropriate to minimize the risk to public safety, health and welfare, including but not limited to requirements for fencing of the property.
1. The permit application shall be substantially in compliance with the approved excavation fill plan. The permit application shall include a copy of the approved excavation fill plan and at least three (3) sets of the proposed permit plans, sealed by a Florida-licensed surveyor and/or professional engineer.
2. The permit application shall stipulate that the applicant shall record the Director's approved excavation fill plan for the fill project in the public records of Miami-Dade County prior to the issuance of a Certificate of Use authorizing commencement of the project.
3. The permit application shall stipulate that in order to insure compliance with all terms and conditions contained in any permit approval, a cash or surety bond or substantially equivalent instrument meeting with the approval of the Director shall be posted by the applicant with the Department, payable to Miami-Dade County, in an amount as may be determined and established by the Director and the Director of the Department of Environmental Resources Management. Said instrument shall be in such form that the same may be recorded in the public records of Miami-Dade County and said instrument shall be executed by the property owner and any and all parties who may have an interest in the land, such as mortgagees, etc. The bond amount will be based on the volume of cut required to conform any remaining excavation to the approved slope configuration and to remove any unauthorized fill material.
4. The permit application shall stipulate that no portion of the property subject to the approved excavation fill plan and permit shall be transferred without the approval of the Director, unless the filling of the subject excavation has been completed in accordance with the excavation fill plan and permit for the fill project and/or unless the bond has been released.
5. The applicant shall obtain a fill project Certificate of Use permit and promptly renew the same annually with the Department, upon compliance with all terms and conditions, the same subject to cancellation upon violation of any of the conditions.
6. The permit application shall provide that only such fill material as allowed by Chapter 24 of this Code and the Department of Environmental Management shall be used in the fill project.
7. The permit application shall provide that no fill material shall be permitted to be stored within the adjacent rights-of-way at any time during the fill project.
8. The applicant shall be permitted to operate no longer than between the hours of 8:00 a.m. and 5:00 p.m. on weekdays. No trucking activities associated with the fill project shall be allowed to occur.
9. The deadline date for the completion of the fill project, including final grading, sloping, etc., shall be determined by the Director and the work shall be carried on continuously and expeditiously so that the filling will be completed within the allocated time, but in no event for any more than 3 years from issuance of permit.
10. If the fill project is discontinued, abandoned, falls behind schedule or time expires under the permit, the remaining excavation shall immediately be sloped to conform with the previously approved excavation plans and all equipment and concomitant uses shall be removed from the premises, unless an application to extend the time is filed with the Department prior to expiration of the approval and provided that good cause is demonstrated as to the delay in completing the filling of the excavation. In no event shall such extension allow the fill project to continue beyond three (3) years after issuance of permit.
11. The grading, leveling, sloping of the banks and perimeter restoration shall be on a progressive basis during the fill project. In accordance with this requirement, the applicant shall submit "as-built" surveys prepared and sealed by a Florida-licensed surveyor and /or professional engineer at one-fourth, one-half, three-fourths and final completion of the fill operation or at nine month intervals, whichever is of a lesser duration, or upon request of either the Director or the director of the Department of Environmental Resources Management (DERM Director) when it appears that the filling is proceeding contrary to approved plans or in violation of the conditions of the approved excavation fill plan or the permit plan.
12. The property shall be suitably posted to meet with the approval of the Director and the DERM Director; said postings shall denote the fill project and shall warn the public concerning the possible hazards prior to commencement and for the duration of the fill project.
13. The applicant shall comply with all permit requirements and all applicable conditions of the Department of Environmental Resources Management as well as the Public Works Department for the duration of the fill project.
14. Upon completion of the fill project, the property shall be restored and left in an acceptable condition meeting the approval of the Director and the DERM Director.
15. The final slope(s) of the remaining excavation shall be in accord with the previously approved excavation plan or in accord with the slope requirements of Section 33-16(a)(6)(m) of this Code, unless otherwise approved by the Director in accordance with a contiguous excavation fill plan application for an allowable phased fill project.
16. The final depth of any remaining excavation shall be in accord with Section 33-16(a)(6)(k) or in accord with previously approved plans for the excavation.
17. No portion of the filled excavation or portion of excavation shall be higher than the established Miami-Dade County flood control elevation.
18. Upon completion of a partial fill project, the site shall contain an earth berm or alternative structure in accord with the requirements of Section 33-16 (a)(6)(l) or in accord with the previously approved plans if said plans had contained such a feature.
19. To the extent possible, the property shall be staked and said stakes shall be maintained in proper position so that the limits of the filling, slopes and grade levels may be easily determined.
20. If an excavation will be filled in phases, a phase plan shall be submitted with the initial excavation fill plan and permit plan application. The plan and supporting documents shall delineate the area to be filled in each phase and the time frame projected to close out each phase of the fill project.<<
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten days from the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.
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