§ 62-4397. Operation of land alteration activities.

(a)

Boundary markers. Permanent boundary corners with intermediate stakes at minimum intervals of 300 feet at all limits of alteration shall be staked, marked and maintained with visible flags in accordance with approved plans for permits.

(b)

Fencing. Unless otherwise authorized by the director, all land excavation areas adjacent to a residential zoning category or within urban or urbanizing service sectors shall be secured with a fence to prevent unauthorized access to the land excavation so as to protect the public from hazards on the property. All points of access shall be secured when no activity is occurring. The director may require that warning signs also be posted. In determining whether a fence is required and the type of fence to be required, the director shall consider the following factors:

(1)

The location, size, depth and side slopes of the excavation.

(2)

The nature of the surrounding uses and the county comprehensive plan for the area.

(3)

The depth of the water, if any, in the land excavation during the period of excavation activity.

(4)

Natural or manmade features existing on the site.

The director shall allow the fence to be removed after the reclamation is completed and approved by the director. All other applicable requirements as stated in article VI of this chapter must also be met.

(c)

Hours of operation. No trucking or hauling activities shall be conducted between one-half hour after sunset and one-half hour before sunrise. Other hours of operation restrictions may be placed on land alteration activities by the director. In determining whether hours of operation restrictions will be placed on land alteration activities, the director shall consider the following factors:

(1)

The proximity and type of surrounding land uses.

(2)

The type of land alterations proposed.

(3)

The type of equipment and kinds of processes that are proposed to be used during the land alteration.

(d)

Haul routes.

(1)

No haul route shall be on a roadway functionally classified as a local road except under any of the following circumstances:

a.

Commercial or industrial zoned properties. The land alteration activity is within a commercial or industrial zoned parcel or lot and whose proposed haul route does not include travel on local roads that service existing residential uses.

b.

Other properties. The land alteration activity is incidental to the primary purpose of the proposed development of the property and meets all of the following standards:

1.

Activity shall not exceed 60 days in duration; and

2.

Land alteration activities are limited to between one-half hour after sunrise and one-half hour before sunset, Monday through Friday.

c.

Public interest projects. The land alteration activity has been determined by the board of county commissioners in a duly noticed public hearing to be in the public interest.

(2)

If a haul route contains a dirt road segment, the applicant shall maintain the dirt road segment in a satisfactory operating condition as determined by the transportation engineering department, and shall control dust generated by equipment and vehicles within 500 feet of any residence.

(3)

Asphalt aprons shall be required for all access points to public roads from land alteration-sites from which material is excavated and transported on any public road, subject to a waiver by the county manager or designee.

(4)

On the site, excavated material shall be transported along a course from the land excavation to the point of access which would have the least adverse impact, if any, on surrounding land uses and resources of particular concern.

(5)

No crossings of county or state roads or rights-of-way by draglines or other equipment not designed for use on such roads shall be permitted without the prior written approval of the county manager or designee.

(6)

Trucking or hauling activities shall not result in damage to roads and bridges located along any proposed haul routes.

(e)

Water quality and quantity.

(1)

Land alteration operations shall not detrimentally impact the quality of groundwater and surface water available for recharge to the surficial aquifer.

(2)

Land alteration operations shall not have an adverse impact on the quality or quantity of either surface water or groundwater on surrounding property or upon the surface water drainage system servicing the proposed land alteration-site or the surrounding property. Applicants must ensure that the proposed operation meets the water quality standards of the state department of environmental regulation and the St. Johns River Water Management District.

(3)

Point source discharges of water into waters of the state are prohibited in connection with land alteration activities without appropriate state permits. In no event may any discharges of water or liquid wastes have an adverse effect on water quality, riverine or aquatic biota, or preexisting lawful uses of water bodies off the property to be altered. The county may require the applicant to conduct water quality monitoring of receiving water bodies and submit results regarding water quality to the county.

(4)

Treatment of stormwater from disturbed lands shall be provided by retention or detention basins, settling ponds, or performance equivalent structures or systems.

(5)

Best management practices shall be employed throughout the land alteration activity to prevent erosion and loss of soil from the property and sedimentation of off-property surface water bodies or facilities.

(6)

Land alteration operations shall not reduce the volume of water recharged on the site, nor shall the level of the surficial aquifer, water table or Floridan Aquifer beyond the boundaries of the property be reduced. The director may require the applicant to install appropriate monitoring or observation wells, and may require the applicant to submit monitoring reports regarding water level fluctuations.

(f)

Noise levels. Increases in ambient noise levels resulting from land alteration activities shall not result in decibel readings in excess of the maximum allowable noise level limits as specified in chapter 46, article IV.

(g)

Dust. The land alteration shall be operated in such a manner that fugitive dust emissions are in compliance with article VI, division 6, subdivision III, of this chapter. Dirt roads may require regular watering to minimize dust emission. The county may require the land alteration operation to cease whenever fugitive dust emissions occur which result in or cause a public nuisance.

(Code 1979, § 14-112.8; Ord. No. 04-06, § 2, 2-24-04)