☐ Consent Agenda ☐Quasi-Judicial Public Hearing
☒ Regular Business 9:00 am
☐ Public Hearing Other
DEPARTMENT: Planning & Zoning
SUBMITTED BY: Laura McClelland
PRESENTED BY: Misty Servia
TITLE & DESCRIPTION:
title
Turner Excavation Pit Reclamation Assurance Agreement
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REQUESTED MOTION:
Motion to approve the Turner Excavation Pit Reclamation Assurance Agreement included in the agenda, inclusive of the proposed timing of the reclamation plan contained therein.
SUMMARY:
Section 20-1006 (c) and (d) of the County’s LDRs provides that for Type II, III, and IV excavation pits, prior to the issuance of a notice to proceed for an excavation permit, the owner of the property is required to enter into an assurance agreement with the County to assure complete reclamation of the excavation site. In accordance with the aforementioned LDR sections, along with the County’s Excavation Management regulations, Eugene H. Turner & Son, seeks approval of the Reclamation Assurance Agreement included in the agenda.
BACKGROUND:
Eugene H. Turner & Son (“Turner”) is the owner of the property (Property IDs 08-39-24-0000-0040-0000) that has been granted a Special Exception Use (Resolution 2024-088, adopted October 22, 2024), and a Type III excavation permit development plan application approval, with conditions, for excavation and major earth moving, subject to receipt of a Notice to Commence for the Excavation Permit (Resolution 2024-089 adopted on October 22, 2024).
Section 20-1006 (c) and (d) of the County’s LDRs provides that for Type II, III, and IV excavation pits, prior to the issuance of a notice to proceed for an excavation permit, the owner of the property is required to enter into an assurance agreement with the County to assure complete reclamation of the excavation site.
Specifically, pursuant to the aforementioned LDR provisions, the assurance agreement shall provide for a schedule of reclamation satisfactory to the Board of County Commissioners, be recorded in the public records of the County and shall include the consent of the owner, and his/her successors in title, allowing the County to enter the excavation site to perform the reclamation in the event that reclamation is not timely performed pursuant to the approved reclamation plan. The assurance agreement acts as a covenant encumbering and running with the land. Pursuant to the LDRs, the owner shall agree to provide financial assurance for reclamation in the form of cash escrow, construction bond or irrevocable letter of credit in favor of the County prior to the issuance of a notice to proceed for the excavation permit that will remain valid for a period of one year longer than the full term of the excavation permit. The LDRs further provide that the financial assurance for excavation site improvements shall be in the amount of $7,500.00 for each acre of land included within the excavation limits.
In accordance with the aforementioned LDR sections, along with the County’s Excavation Management regulations, Eugene H. Turner & Son, seeks approval of the Reclamation Assurance Agreement included in the agenda, including the schedule of reclamation provided for therein.