§ 18-2. Haul permit.

(a)

Generally. The purpose of this section is to protect the public safety and to preserve the county road system by providing limitations and by establishing a permitting process for the hauling on public roads within the jurisdiction of the county road system, unless specifically exempt as provided herein. For purposes of this section, 'hauling' is defined as the act of moving soil, rock, gravel, and sand by a vehicle from one site to another location where the vehicle travels a public roadway, bridge, right-of-way, or easement within the jurisdiction of the county road system. The act of moving concrete by a vehicle is not considered hauling for the purposes of this section.

(b)

Permit required. A property owner or an authorized agent on behalf of a property owner shall obtain a haul permit from the county prior to hauling, or having another individual or entity on the property owner's behalf hauling, more than two hundred (200) cubic yards to or from a parcel across or on a public roadway, right-of-way, or easement within the jurisdiction of the county road system. Applicants that anticipate hauling more than ten thousand (10,000) cubic yards to or from a single site must first obtain approval of the haul permit by the board of county commissioners. The board of county commissioners may impose conditions or time limits for the hauling as is necessary to protect the county road system from deterioration, or as necessary to protect the public health, safety and welfare. Conditions of the permit may include, but not be limited to, performance or payment bonds, additional traffic maintenance requirements to address school bus stops, establishment of pedestrian pathways, or resurfacing or other road improvements to the affected roads. The following criteria will be considered by the county when exercising the discretion to issue or deny a haul permit and when placing conditions on said haul permit:

(1)

The width of the right-of-way of the proposed route; and

(2)

The pavement and shoulder conditions of the proposed route; and

(3)

The availability of other access routes; and

(4)

The volume of traffic; and

(5)

Safety of school-aged children, pedestrians, motorists, and bicyclists traveling on same route; and

(6)

The current allowable weight limit of a bridge, if posted.

For purposes of this section, if the material is hauled from a property that does not directly access a road within the county road system, a permit will still be required if the haul route will utilize a road in the county road system up to one (1) mile from the property. For example, if a property is accessed directly via city road, or a non-county-maintained road, and the city road or non-county maintained road then connects with a road in the county road system up to one (1) mile away, a permit will be required.

(c)

Application. A request for a haul permit shall be made to the county manager or designee by application on a form provided by the county. To determine the impact on the county road system, the applicant may be required, at the discretion of the county, to provide a report or technical evaluation pertaining to weight restrictions. As a condition of a haul permit, the county may require a performance bond or irrevocable letter of credit. The applicant is responsible to provide a structural analysis by a licensed professional engineer, if a weight limit in excess of the posted limit is proposed for vehicles utilizing the bridge, showing that the bridge will support the additional loading.

(d)

Exceptions. The following are exempt from the permitting requirements of this section.

(1)

During a declared federal, state or local emergency where weight trucking restrictions have been lifted or relaxed by the state or the county; or

(2)

Vehicles operated for military purposes or by the National Guard.

(e)

Enforcement and penalties. Failure to comply with the terms and conditions of the haul permit once issued shall be grounds for suspension or revocation of the permit by the county manager or designee. The provisions of this section and the terms and conditions of the permit may be enforced by any law enforcement officer having jurisdiction, a code enforcement officer, or by injunctive relief through suit filed by the county in the appropriate court of jurisdiction. The violation of any provision of this section shall be punishable by a fine of five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment or as provided in Section 125.69, Florida Statutes. In addition to the penalties hereinabove provided, any condition caused or violation of any provisions of this section or the permit shall be deemed to be a public nuisance and may be abated by the county as provided by law. Each day, per truck that the condition or violation continues shall be regarded as a new and separate offense.

(f)

Applicability. This section shall apply to all roads in the county road system under the jurisdiction of the Lake County Board of County Commissioners as set forth in Chapter 336, Florida Statutes, including any portion of such roads that run through the incorporated areas of Lake County, Florida. This section shall not be applicable to any active hauling operation associated with a property that has a valid development order issued by the County or a municipality approved after July 9, 1991.

(Ord. No. 2019-8, § 2, 2-12-19)