A.

The purpose of this chapter is to promote and protect the public health, safety, economy, order, appearance, and general welfare of the city residents which requires harmonious, orderly and progressive development of sand mining activities.

B.

The regulations for the mining of sand and related activities are intended:

1.

To provide for the compatible development of sand mines so as to not adversely impact adjoining properties;

2.

To facilitate the economically beneficial extraction of sand;

3.

To promote the orderly redevelopment of excavated properties:

4.

To require fiscal responsibility and stable land development by avoiding haphazard, premature, uneconomic or scattered land development;

5.

To protect the natural and built environment by preventing adverse impacts as a result of sand mining activities;

6.

To ensure that the residents and taxpayers of the city will not have to bear the costs resulting from the haphazard development of sand mines and the lack of authority to require installation by the developer of adequate and necessary physical improvements;

7.

To ensure to the consumer that necessary site improvements meeting uniform quality standards have been installed;

8.

To assure equitable processing of all sand mining applications by providing uniform procedures and standards to be utilized by the developer and the city; and

9.

To serve as one of the several instruments utilized by the city to implement the provisions of the adopted comprehensive plan.

(Ord. No. 19-1635, § 1, 2-21-2019)

The following activities and uses shall be exempt from the conditions outlined in this section:

A.

Excavations for bona fide agricultural purposes, including aquiculture, where the overburden/excavated material is not taken off-site;

B.

Land excavations not defined as a mining activity including excavation of a temporary nature such as for graves, septic tanks, swimming pools, or installation of distribution or transmission lines for electric, fuels, natural gas, water, sewer, telephone, cable or other utilities in public rights-of-way or utility easements. All other necessary permits or authorizations shall be obtained;

C.

Land excavations, other than borrow pits, by authorized units and agencies of government for roadway improvements, utilities, surface water management or mosquito control ditches and canals. This provision does not exempt such activities from any other city development regulations;

D.

Excavations for the sole purpose of surface water management;

E.

This section shall not apply to borrow pits as set forth in chapter 5, article 2, section 5.2.16 of the Haines City Land Development Regulations unless the borrow pit excavation is greater than 50,000 cubic yards.

(Ord. No. 19-1635, § 1, 2-21-2019)

The following mining operations and activities shall be permitted upon the issuance of a conditional use for a mine site and/or a development agreement and/or the approval of a site plan and site construction plans. No operating permit shall be required for the following:

A.

The clearing of land or stripping and stockpiling of overburden necessary to reach a commercial sand deposit;

B.

Extraction of a commercial sand deposit;

C.

Washing, grading, and stockpiling of a commercial sand deposit;

D.

Diking, channel digging, pumping and production of drainage systems necessary to store, utilize, circulate, and control surface water;

E.

Storing and disposing of fine tailings in mined area;

F.

Accessory uses such as washing, storage, drying, mixing, grinding and shipping of mined materials, and all other subordinate accessory activities reasonably related to the mining process;

G.

Ancillary uses such as manufacturing processes which utilize the mined material onsite; and,

H.

Hauling of material off-site.

(Ord. No. 19-1635, § 1, 2-21-2019)

The Administrative official shall be responsible for inspecting the mine site annually for consistency with the approved conditional use and/or development agreement. inspection of any reclamation is the responsibility of the Florida Department of Environmental Protection as per F.A.C. Chapter 62c-39, F.A.C. compliance with Haines City's minimum reclamation standards found in this section shall be demonstrated through the annual mine reports. This section shall not limit the authority of the city to enforce or monitor compliance with other applicable statutes, ordinances, resolutions, regulations or permit conditions.

(Ord. No. 19-1635, § 1, 2-21-2019)

A. A conditional use shall be approved by the city commission in addition to the regular submittal requirements for a conditional use. An application for a sand mining conditional use shall include the following information:

1.

Address and telephone number of landowner and copies of proof of ownership;

2.

Name, address, and telephone number of mine operator and applicant if not the landowner;

3.

Total acreage for each of the following:

a.

The proposed mine;

b.

Anticipated pits or excavations;

c.

Waste storage areas;

d.

Any lakes or water bodies existing or proposed; and,

e.

Wetlands.

4.

A proposed schedule showing when mining will be finished, reclamation activities will commence, and the estimated life of the mine;

5.

Ownership of all property contiguous to and within 400 feet of the proposed mine site;

6.

Type of utilities on site, if any; dimensions and location of all existing and proposed buildings, parking, loadings, fencing, berms, or other structures;

7.

Existing use of lands proposed to be mined and existing use of all contiguous lands;

8.

The average annual acreage expected to be mined;

9.

The proposed form of transportation of materials being mined, points of access to the site and the proposed hauling routes;

10.

A plan view map, on a recent aerial photograph of scale 1" = 400' showing the site;

11.

A USGS topographic map showing the mine site;

12.

A map showing all flood hazard areas as depicted in the corresponding FEMA Flood Maps and any watercourse located within the mine site and the setback distances;

13.

A soils map for the mine site and for that property which is contiguous to the mine property, within 400 feet of the mine perimeter;

14.

Any existing or proposed locations of stored hazardous/toxic materials, chemicals or wastes;

15.

An evaluation of archaeological and/or cultural resources as determined by the Florida Bureau of Historic Preservation. Any identified archaeological or historical sites, cemeteries and burial grounds shall be preserved in accordance with applicable federal, state, regional and local laws, ordinances, rules and regulations; and,

16.

A map showing the locations of any adjacent public potable water wells or community drinking water systems. Any such potable water supply features shall be buffered in accordance with a plan approved by the city administrative staff.

B.

A Reclamation and Post Closure Plan for the mine site shall contain the following information:

1.

Site plan maps, all at the same scale, showing pre-mining and conceptual reclamation, contours, water bodies, streams or canals and wetlands;

2.

Site plan maps, all at the same scale, showing pre-mining and post-reclamation vegetation, using the Florida Land Use and Cover Classification System or City Land Development Regulations;

3.

A statement explaining how the proposed reclamation will be consistent with the Haines City Future Land Use Map Series designation for the site, including but not limited to the 2030 Transportation Map;

4.

If desired by the applicant, a binding site plan for development may be approved consistent with the requirements of the Comprehensive Plan and Land Development Regulations of the city.

C.

Amendments to mine plans or site plans shall be submitted to the administrative official for any approvals. This is a staff approval except in the event of an expansion in total acreage of the sand mine which shall require approval by the city commission.

D.

The mine operator shall be required to reclaim all land mined or disturbed by the operator's mining operations in accordance with State regulations and requirements of these regulations.

E.

An annual progress report shall have a designated operator who shall file a written Annual Progress Report with the City of Haines City, by February 15th of each calendar year, describing the progress of mining and reclamation for each mine site during the past year (If a mine does not operate for a full year, the operator shall still be required to file an annual progress report stating that fact). The report shall be signed by the authorized mine operator. This report shall include at least the following:

1.

A copy of all other required agency reports showing approval;

2.

A map of an aerial photograph at a scale of 1" = 400' of the most recent county aerial photograph, showing the areas previously mined during the life of the mine, the areas mined in the past year, and the areas reclaimed in the past year, showing acreage for all these areas;

3.

A map showing the areas intended to be mined on the mine site during the upcoming year and showing the areas intended to be reclaimed during the upcoming year, giving acreage for those areas; and,

4.

Copies of environmental violations (by federal, state and regional regulatory authorities) and any subsequent inspection reports shall be attached.

F.

The operation and design standards for all sand mines shall at a minimum:

1.

List all points of access to the mine site and all access points shall be properly posted. Transition lanes and clear sight distances will be addressed using the minimum standards in the FDOT Green Book. The additional right-of-way required to provide these minimums or to provide for clear recovery area minimums will be the responsibility of the applicant. Best management practices will be used to design and construct the access to the right-of-way;

2.

All mining activities shall comply with a 100 foot minimum setback from property lines and road right-of-way lines, including the following requirements:

a.

The following shall be prohibited in the 100 foot setback area from property and road right-of-way lines:

(1)

Mining of sand, and other similar commercially mined materials;

(2)

Stockpiling of mined materials: and,

(3)

Other similar mining facilities and activities not normally allowed within the land use classification in which the mine is located.

b.

Perimeter overburden storage berms shall be allowed within the 100 feet of setback area provided that:

(1)

The berm does not exceed 15 feet in height;

(2)

The berm is designed to serve as a buffer of mining activities from adjacent properties; and,

(3)

A service road on top of an overburden storage berm when necessary to allow for the occasional traversing of utility vehicles.

G.

A reduction up to 25 feet of the setback from road rights-of-way may be granted by the city administrative staff and a reduction from 25 feet up to 50 feet may be granted by the city commission, upon the certification by a professional engineer that no structural degradation will occur to the right-of-way as a result of the mining activity and a 30 foot minimum setback from the edge of pavement or travel land, in the case of unpaved roads, is maintained;

H.

A reduction up to 25 feet of the setback from property lines may be granted by the city administrative staff and a reduction from 25 feet up to 50 feet may be granted by the city commission, where the affected parcel does not include a residence, and meets at least one of the following:

1.

The parcel is vacant;

2.

The parcel is ten acres or larger in size; or,

3.

The parcel is recognized by the Property Appraiser as agricultural with a "greenbelt" tax exemption.

I.

Excavation within the setback area may occur for reclamation purposes to implement the approved reclamation plan.

J.

Those mining activities and facilities prohibited shall also be prohibited within 50 feet from any public drainage easement or public utility easement unless written approval is obtained from the easement holder; and,

K.

The setbacks established within these Regulations shall not apply to existing sand mines for which a conceptual mine plan has been approved by the city as of the date of the adoption of this Regulation.

(Ord. No. 19-1635, § 1, 2-21-2019)

In addition to all required Florida Department of Environmental Protection (DEP) reclamation standards, the following standards shall apply to all mining regulated by these regulations:

A.

The reclaimed land shall be compatible with the land use designated for the area by the City of Haines City Comprehensive Plan;

B.

There shall be no dumping of solid and/or hazardous waste, no increase of noise, no blasting and/or vibrations, and shall maintain a healthy quality of air;

C.

The reclaimed mine site shall provide for a drainage pattern similar to the pre-mining drainage of the area. However, it is recognized that new isolated drainage basins may be created through mining and reclamation; and,

D.

The maximum slope of reclaimed land shall be 4:1, (run: rise), to normal water elevation (normal pool), and then 4:1 from normal pool to a water depth of six feet. This shall not preclude compliance with more stringent standards imposed by the DEP in its reclamation regulations.

E.

Upon request the city commission may waive or modify any of the setback requirements of these regulations if it finds that said requirements are unnecessary to protect against an adverse impact at a particular mine site.

(Ord. No. 19-1635, § 1, 2-21-2019)

The following violation provisions shall apply if any of the requirements set forth above are not met and/or maintained:

A.

Possible revocation of the conditional use and approval for mining operations;

B.

Possible code enforcement actions with fines; and/or,

C.

Enforcement of remedies as set forth in development agreements.

(Ord. No. 19-1635, § 1, 2-21-2019)