Ordinance 1988-26 riPP
L SEP 121990
ORDINANCE 88- 26 Project Review Services
AN ORDINANCE TO REGULATE EXCAVATIONS WITHIN COLLIER COUNTY,
FLORIDA; PROVIDING FOR FINDINGS AND THE PURPOSE OF THE ORDINANCE;
PROHIBITING EXCAVATIONS WITHOUT A PERMIT; PROVIDING DEFINITIONS;
PROVIDING EXEMPTIONS; PROVIDING FOR ISSUANCE OF PERMITS; PROVIDING
GENERAL REQUIREMENTS FOR ISSUANCE OF PERMITS; PROVIDING REQUIRE-
MENTS FOR CONSTRUCTION OF EXCAVATIONS; PROVIDING INSPECTION AND
REPORTING REQUIREMENTS; PROVIDING FOR FEES; PROVIDING FOR
PERFORMANCE GUARANTEE REQUIREMENTS; PROVIDING FOR APPEALS;
PROVIDING FOR LIBERAL CONSTRUCTION OF THE ORDINANCE; PROVIDING FOR
IMPLEMENTATION OF THE ORDINANCE; PROVIDING FOR PENALTIES AND
ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE EFFECT
OF THE ORDINANCE ON PREVIOUSLY ISSUED PERMITS AND EXISTING
EXCAVATIONS; PROVIDING FOR COMPLIANCE WITH STATE AND FEDERAL
PERMITS; REPEALING ORDINANCE NOS. 73-12, 80-26 AND 83-3 WHICH
PROVIDED FOR REGULATION AND ISSUANCE OF EXCAVATION PERMIT;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
THAT:
SECTION 1 : FINDINGS.
The Board of County Commissioners hereby finds that the right to acquire and possess
property includes the right to use the property and to conduct excavations thereon.
The Board of County Commissioners further finds that the excavation of private property
within the County for site development or recovery of natural resources generates
economic benefits to the citizens of the County through increased employment
opportunities, higher tax revenues for improved property and reduces costs for certain
building materials.
The Board of County Commissioners further finds that certain aspects of the excavation
process may potentially have undesirable impacts on the County and hereby finds that
it is appropriate to impose certain reasonable regulations on excavations within the
County as hereinafter provided.
SECTION 2: PURPOSE.
The purpose of this Ordinance is to establish a reasonable regulatory framework to
regulate excavations within the County so as to minimize any potentially adverse impacts
of the excavation activity on public health, safety and welfare of the citizens of this
County.
SECTION 3: UNLAWFUL. •
It shall be unlawful for any person, association, corporation or other entity to
create, attempt to create, or alter an excavation without having obtained a permit
therefore, except as provided herein.
PAGE 1 of 19
SECTION 4: DEFINITIONS.
For the purposes of this Ordinance the following definitions will be used:
A. "Excavation" shall mean the removal of any material to a depth greater than 3
feet below existing grade over any area or 1 foot below existing grade over an
area greater than 10,000 square feet.
B. "Board" shall mean the Board of County Commissioners of Collier County Florida.
C. "Advisory Board" shall mean the Collier County Water Management Advisory Board. ''
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D. "Director" shall mean the Director of the Collier County Water Management
Department who is acting on behalf of and under the delegated authority of the
County Engineer and the Board.
E. "Surveyor/Engineer" shall mean the professionals providing technical services
on the project who are registered in the State of Florida.
F. "Applicant/Permittee" shall mean the property owner, developer, or their
authorized agent that may include the excavator or the project's
surveyor/engineer.
SECTION 5 : EXEMPTIONS.
The following activities, to the extent specified herein, are exempt from the
requirements of this Ordinance, provided that no excavated material is removed off-site,
but are subject to compliance with all other applicable laws and County ordinances:
A. Earth moving in conjunction with any routine maintenance activity which
restores the excavation to the final, and previously excavated, slope and
depth configuration approved by the Board, or with the installation of an
underground utility which is to be backfilled.
B. Foundations of any building or structure, providing the excavation will be
confined to the area of the structure only.
C. Excavations relating to the accessory use of property which by nature are of
limited duration and designed to be filled upon completion, i.e. , graves,
septic tanks, swimming pools, fuel storage tanks, etc.
D. The regrading only of any property for aesthetic purposes that does not create
a body of water or affect existing drainage patterns.
E. Agricultural drainage and irrigation work incidental to agricultural
operations.
F. The grading, filling, and moving of earth in conjunction with road construction
within the limits of the right-of-way or construction easement when the
construction plans have been approved by the Collier County or State Department
of Transportation.
PAGE 2 of 19
G. Farm animal watering ponds or excavations located on single-family lots/tracts
where the net property size is 5 acres or less are exempt from the permitting
procedures contained in this Ordinance, but must comply with all the
construction standards of this Ordinance. Such exemptions apply only if:
1. Excavation does not exceed 1 acre in area and 12 feet in depth;
2. No excavated material is removed from the property.
SECTION 6 : ISSUANCE OF PERMITS.
A. The permits required by this Ordinance shall be issued by the Director in
accordance with the procedures set forth herein and shall come under either of
the following categories:
1 . PRIVATE EXCAVATIONS - Considered to be an excavation where the excavated
material is not removed from the property and where the disturbed surface
area at grade does not exceed 2 acres. Where more than one excavation is
proposed for the same piece of property or properties under common
ownership and the combined disturbed surface area exceeds 2 acres, the
permits shall not be issued as a PRIVATE EXCAVATION.
2. COMMERCIAL EXCAVATIONS - Considered to be any excavation wherein the
excavated material is removed from the subject property, for whatever
purpose. - - -- - -
3. DEVELOPMENT EXCAVATIONS - Considered to be any excavation located within
the boundaries of a Planned Unit Development or Subdivision Development
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PlAepos& provided that:
a. The excavations were clearly defined and detailed as to location,
size, shape, depth and side slopes during the development's review
process = = - - - - : and approved by the Board after
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b. approved by the Board, -se excavated material in
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axes-as-4g- 10% (to a maximum of 20,000 cubic yards) of the total
volume excavated =.1 be removed from the development. Intentions
to remove material must be clearly stated during the development's
review and approval process. The design depth of the excavation shall
be adjusted accordingly to minimize off-site removal of surplus
material.
PAGE 3 of 19
B. Issuance of PRIVATE and DEVELOPMENT EXCAVATION Permits: The Director may
administratively approve and issue PRIVATE and DEVELOPMENT EXCAVATION Permits
where all of the applicable standards of this Ordinance have been met. When,
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- - == • - _ the application shall be
submitted to the Advisory Board with ultimate approval or denial required of
the Board. - .. sha - . • - • - --
• . • : - . .
C. Issuance of COMMERCIAL EXCAVATION Permits: Applications for COMMERCIAL
EXCAVATION Permits must be reviewed by the Director and by the Advisory Board IF
pp,,, L-e, and approved by the Board.
D. Upon Director or Board approval, the Applicant will, within 60 days of written
notification from the Director, pay the required permit fee, and post, if
required, the appropriate performance guarantee. In addition, the Applicant
shall provide written proof of payment of road impact fees in accordance with
Section 7.A.7. ,if required.
Failure to pay the fees and post the guarantee, within this time period shall
constitute abandonment of the excavation permit application and will require
complete reapplication and review in accordance with all requirements in effect
at the time of reapplication, with the following exceptions:
1. Upon receipt of an Applicant's written request with sufficient justi-
fication, as determined by the Director, and payment of a time extension
fee, the Director may, one time only, authorize the extension of the
permit issuance time for up to 120 days.
2. All previously approved excavation permits that have yet to be issued by
the Director become eligible for the above time extensions upon the
effective date of this Ordinance.
• • ••• • - .. _ . ] . - : - . • L. - _ _ . _ - .5: . •
•
E. Duration of Excavation Permits:
1 . PRIVATE EXCAVATION permits shall be valid for a period of 12 months from
the date of issuance. If the work is not completed in that time, a second
application, with a reapplication fee must be submitted to the Director,
requesting up to an additional 12 months to complete the excavation. If
the Director finds a sufficient cause to grant the request, a permit
extension will be issued.
PAGE 4 of 19
2. COMMERCIAL and DEVELOPMENT EXCAVATION permits will be of indefinite
duration or until the excavation reaches the limits of the permitted size,
provided the excavating operation remains active in accordance with the
requirements of this Ordinance.
SECTION 7: GENERAL REQUIREMENTS FOR ISSUANCE OF EXCAVATION PERMITS.
A. Unless otherwise directed,/B/copLif of all required application documents shall
be submitted to the Director on a form to be supplied by Collier County.
• i • . • - • - . The application shall
include, but not be limited to, the following information:
1. The name, address and telephone number of the Applicant or his agent, and,
if known, the excavator.
2. Proof of ownership, legal description and location of the property
involved. A small location map, drawn on 8}"x11" paper, shall accompany
the application, clearly showing the location of the proposed
excavation(s) in relation to commonly recognized landmarks.
3. A signed statement by the Applicant or his agent which includes:
a. A statement that he has read this Ordinance and agrees to conduct the
excavation in accordance with this Ordinance and other County and
State codes and laws, including but not necessarily limited to
Blasting Ordinance No. 88-12, Tree Removal Ordinance No. 75-21,
Special Treatment Environmental Ordinance No. 76-43, Road Impact Fee
Ordinance No. 85-55 and any amendments and successor ordinances to
those ordinances.
b. A statement of purpose of excavation and intended use of the
excavated material.
4. Exhibits prepared and sealed by the project's surveyor/engineer showing:
a. The boundaries of the property.
b. Existing grades on the property.
c. The level of the mean annual high and low water table.
d. The grades which will exist following the completion of the
excavation.
e. The volume of the excavation.
PAGE 5 of 19
f. Easements, existing utilities, roads and setbacks, and zoning.
g. Drainage and flow ways.
h. Aerial limits of any special site vegetation such as mangrove,
cypress or other wetland species.
i. Logs of soil auger borings with field classification shall be
provided, unless circumstances indicate they can be waived by the
Director, for use in determining minimum and maximum depths and
appropriate side slope configurations. The depth of the soil auger
borings shall extend to a point at least 1 foot below the proposed
bottom elevation of the excavation, and shall be of at least the
following density according to size of each excavation: 0-.9
acre/two locations; 1-4.9 acres/three locations; 5-9.9 acres/four
locations; 10 acres or more/four locations for 1st 10 acres plus
one for each additional ten acres or fractional part thereof.
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5. A Qfedist of the names and addresses, obtained from the/ latest official tax
rolls, of all owners or owner associations of property within 1/4 mile of
the excavation or on-site vehicle access route or within 300 feet of the
property lines of the property on which the excavation is to be performed,
whichever is less. The Applicant shall also furnish the Director with
said owners' names and addresses on preaddressed 4"x9}" envelopes with
first class postage ready for mailing.
6. Water Management Plan detailing methods for the conservation of existing
on-site and off-site surface drainage systems and groundwater resources.
Copies of an appropriate Surface Water Management Permit and/or Water Use
Permit (Dewatering) as required and issued by the South Florida Water
Management District shall be provided to the Director prior to commencing
the excavation operation.
7. If excavated material will be removed from the property, and unless, due
to site-specific circumstances, the requirement is waived by the County
Engineer, a traffic and road impact analysis will be made by the County
Transportation Department to address the following:
a. Indentifying the project's zone of influence, that is, the distance
from the site that traffic is either generated from or attracted to.
b. The existing condition of the road system within the excavation
project's zone of influence.
PAGE 6 of 19
c. The capacity of the road system within the zone of influence to
handle existing traffic, normal growth in the traffic, and additional
traffic generated from the excavation project in consideration of the
time frame of the traffic generation and the wheel loadings of such
traffic.
d. The site-specific road work within the zone of influence which are
necessary prior to the start of the project and which are necessary
during the project so as to assure that premature road failure and/or
severe road damage will not occur.
e. Road work to be undertaken by the County and road work to be
undertaken by the Applicant to mitigate adverse road impacts along
with confirmation of the security, if applicable, to be provided by
the Applicant to assure completion of the identified road work. Any
and all security and/or performance guarantee required in excess of
$100,000 as set forth in the road impact analysis shall be secured or
guaranteed in accordance with Section 11 of this Ordinance.
Should there not be concurrence by the County Engineer and the Applicant
of the improvements, maintenance, performance guarantee, and/or other
requirements on the part of both parties based on the road impact
analysis, the permit application along with applicable information shall
be subject to review and recommendation by the Advisory Board followed by
review and action by the Board.
8. Should blasting be necessary in conjunction with the excavation, all
blasting shall be done under an approved Collier County User/Blaster
Permit with no overburden removed prior to blasting from the area planned
for excavation unless otherwise approved by the County Engineer. Said
p ke%l i Ste, as
permits shall be obtained from e e Collier Countyneergar-tmeat-.
Should approval for blasting not be granted to the Applicant, the
Applicant shall remain responsible to meet any and all requirements of an
approved Excavation Permit unless the subject Excavation Permit is
modified in accordance with this Ordinance.
9. If trees are to be removed as a result of the excavating operation, a Tree
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Removal Permit shall be obtained from t-Itir Collier County Ihttucrensalrrce
before work shall commence.
PAGE 7 of 19
B. If the application is made by any person or firm other than the owner of the
property involved, a written and notarized approval from the property owner
shall be submitted prior to processing of the application.
C. The Director shall give prior written notice of the Advisory Board meeting, by
first class mail, as noted in Section 7.A.5, to all adjacent property owners
as determined by reference to the latest official tax rolls.
D. Approval by the Director and the Board shall be granted only upon competent and
substantial evidence submitted by the Applicant, that:
1. The excavation will not interfere with the natural function of any
sanitary, storm or drainage system, or natural flowage way, whether public
or private, so as to create flooding or public health hazards or
jeopordize the natural resources and environment of Collier County.
2. Dust or noise generated by the excavation will not cause a violation of
any applicable Zoning Ordinance. Rock crushing operations or material
stockpiles that will be adjacent to any existing residential area may
require separate County approval. -
3. The excavation will not adversely affect groundwater levels, water quality
or surface water flowways. The Director may require the Applicant to
monitor the quality of the water in the excavation and adjacent ground and
surface waters. Under no circumstances shall the excavation be conducted
in such a manner as to violate Collier County or applicable State of
Florida water quality standards.
4. The excavation will be constructed so as not to cause an apparent safety
hazard to persons or property.
5. The excavation does not conflict with the Comprehensive Land Use Plan or
land use regulations adopted pursuant thereto, nor does it conflict with
existing Zoning Regulations. The Applicant shall provide written
statements to this effect from the, Planning d 'o-{o Dep ^errt
D tore prior to the issuance of the permit. Special criteria and
approval procedures may be necessary for projects within the Big Cypress
Area of Critical State Concern.
PAGE 8 of 19
SECTION 8: REQUIREMENTS FOR THE CONSTRUCTION OF EXCAVATIONS.
A. Setbacks--Excavations shall be located so that the top-of-bank of the
excavation shall adhere to the following minimum setback requirements:
1. 100 feet from the right-of-way line or easement line of any existing or
proposed, private or public, street, road, highway or access easement.
2. 50 feet from side, rear or abutting property lines, except where the
excavation is located in agriculturally or industrially zoned districts
abutting a residentially zoned district, the setback shall be 100 feet
from the residentially zoned property.
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Exceptions to the above-referenced setbacks - - _ -
• _ - - - el: . Said exceptions shall—he
based upon recognized standards for traffic engineering and road design
(AASHTO) and -shall incorporate such factors as road alignment, travel speed,
bank slope, road cross-section, and need for barriers. T{,o CaulatFKag neer
4 • - -• a- - - - •- _•: - - - - - . .I r-ries—tie-v Ices-,---J-£
B. Side Slopes--The finished side slopes of the excavated area, expressed as the
ratio of the horizontal distance in feet to 1 foot of vertical drop, shall be
as follows:
1. PRIVATE or DEVELOPMENT EXCAVATIONS:
A 4.0:1 slope shall be graded from the top-of-bank to a "break-point" at
least 3 feet below the mean annual low water level. Below this "break-
point", slopes shall be no steeper than 2.0:1.
2. COMMERCIAL EXCAVATIONS:
A 3.0:1 slope shall be graded from the top-of-bank to a "break-point" at
least 6 feet below mean annual low water level. Below this
"break-point", slopes shall be no steeper than 2.0:1.
3. GENERAL:
a. All governing side slopes shall be considered from the top-of-bank
of the resulting excavation, whether said top-of-bank is at the
surface of adjacent fill material or at existing ground level.
PAGE 9 of 19
b. If rock, homogenous to the bottom of the excavation, is encountered
at any elevation above the "break-point", then the remaining slope
below the "break-point" shall be no steeper than 0.5:1. If said
homogenous rock is encountered below the "break-point", then the
slope below the "break-point" shall be no steeper than 2.0:1 to the
rock elevation, and no steeper than 0.5:1 from the rock elevation to
the bottom of the excavation. However, in no case shall the 0.5:1
slope originate less than 6 feet below the mean annual low water
level.
c. In the event that property where a COMMERCIAL EXCAVATION was
previously excavated is rezoned/developed for uses other than
agriculture, the excavation shall be modified to the standards for
DEVELOPMENT EXCAVATIONS in accordance with the requirements of
Section 83.1. , or other criteria as may be more stringent.
d. Exceptions to the side slope requirements that can be justified by
such alternatives as artifical slope protection or vertical bulkheads
shall be approved in advance by the Director.
C. Depths--Unless site conditions, water quality -or soil information indicates
otherwise, the excavation depths as measured from the resulting average
top-of-bank shall be as follows:
1. Maximum: PRIVATE and DEVELOPMENT EXCAVATIONS shall not exceed 12 feet in
depth unless computations using the "fetch formula" of maximum depth = 5
feet + (0.015) x (mean fetch in feet) indicate that deeper depths are
feasible. The mean fetch shall be computed as follows: ("A" + "B")/2
where "A" is the average length parallel to the long axis of the
excavation and "B" is the average width of the excavation as measured at
right angles to the long axis.
COMMERCIAL EXCAVATIONS shall not exceed 20 feet in depth unless otherwise
supported by the "fetch formula", or if it can be shown from a comparative
water quality study that depths in excess of 20 feet will not, because of
aquifer conditions or relative location to coastal saline waters, have a
detrimental effect on the groundwater resources in the surrounding area.
2. Minimum: In order to assure that unsightly conditions or undesirable
aquatic growth will not occur in wet retention areas during the dry season
of the year, the bottom elevation of these excavations shall be at least 6
feet below the mean annual low water level.
PAGE 10 of 19
3. Over Excavation: In those instances where the excavator over-excavates the
depth of the excavation by more than an average of 10X, written
justification shall be submitted to the Director by the project's
surveyor/engineer providing an assessment of the impact of the over-
excavation on the water quality of the excavation. If, upon review of
the assessment statement by the Director the increased
depth is found to be unacceptable, the Permittee shall be required to fill
the excavation to the permitted depth with materials and methods approved
by the Director. If the increased depth is deemed acceptable by the
Director , a penalty will be assessed
against the Permittee for the volume of the over-excavated material. The
penalty shall be at the rate of 50C for each additional cubic yard of
excavated material.
D. Fencing--If, at any time, the Director finds that the location and conditions
of an excavation are not in, or able to be brought into, compliance with all
requirements of this Ordinance, the excavation shall be buffered with a minimum
of a 4 foot high fence with "No Trespassing" signs as deemed appropriate by the
Director to deter passage of persons.
E. Hours of Operation--Hours of equipment and blasting operations shall be
regulated by appropriate County Ordinances and State laws. Unless otherwise
approved by the County Engineer, all excavation operations, with the exception
of dewatering pumps, which are within 1000 feet of developed residential
property, shall be limited to operating hours between 7:00 A.M. and 6:00 P.M. ,
Monday thru Saturday. Additionally, such excavation operations shall be in
compliance with any and all County ordinances which establish operating
controls by hours, days, noise level, or other parameters relating to public
health, safety and welfare.
F. Restoration--Upon completion of the excavation operation, the subject property
shall be restored as required by the 1986 State of Florida Resource
Extraction Reclamation Act (Chapter 378, Part IV, Florida Statutes) .
Reclamation shall mean the reasonable rehabilitation of the total disturbed
area where the resource extraction has occurred, and shall meet the reclamation
performance standards established by the State. All disturbed areas, including
the excavation side slopes above the water line and a 20 foot wide area around
PAGE 11 of 19
the entire perimeter of the excavation, shall be sodded or fertilized and
seeded with a "quick-catch" seed variety approved by the Director within 60
days of the final side slope shaping in order to minimize the potential for
erosion.
G. Discontinuance of Operations--If the excavating operation is inactive for a
period of 90 consecutive days, except due to strikes or Acts of God, all side
slopes, including the working face, shall conform with this Ordinance and a
report so stating, prepared and sealed by the project's surveyor/engineer
shall be submitted to the Director. Recommencement shall also be reported to
the Director. If the excavating operation is never started or if discontinued
for a period of 1 year, that permit is void unless a written request is made
by the Permittee with sufficient justification for a time extension in which
case the Director may authorize a permit extension for up to 180 days. A new
permit must be approved prior to commencement.
SECTION 9: INSPECTION AND REPORTING REQUIREMENTS.
A. Inspection:
1. Collier County personnel, having given reasonable advance notice, shall
have the right to enter the property permitted for excavation and may from
time to time carry out inspections of the excavation site including the
collection of water samples to determine compliance with the provisions of
this Ordinance and any special conditions attached to the Excavation
Permit as issued by Collier County.
2. Upon reasonable notice from Collier County personnel that an inspection
is to be conducted which requires the assistance and/or presence of the
Permittee or his representative, the Permittee or his representative shall
be available to assist and/or accompany County personnel in the inspection
of the excavation site.
3. Collier County personnel is not obligated to carry out a detailed
topographic survey to determine compliance with this Ordinance. Upon a
finding violation of this Ordinance or the special conditions of the
Excavation Permit, the Director shall advise the Permittee in writing
by Certified Letter. The Permittee shall, within 15 days of receipt of
PAGE 12 of 19
such notice, have either the violation corrected or submit in writing why
such correction cannot be accomplished within the 15 day period. Such
written communication shall also state when the violation is to be
corrected. If, in the opinion of the Director, the delay in correcting
the violation is excessive, he may recommend to the Board that the
Excavation Permit be temporarily suspended or permanently revoked. Upon
correction of the violation, the Permittee may be required by the Director
to have an appropriate report, -letter and/or survey, whichever is
applicable, prepared, sealed and submitted to the Collier County by the
project's engineer/surveyor. Failure to do so shall be cause for revoking
the permit.
B. Reporting:
1. The Permittee shall provide the Director with an excavation activities
status report as follows:
a. PRIVATE EXCAVATIONS: A Final Status Report within 30 days after the
final completion of the excavation.
b. DEVELOPMENT and COMMERCIAL EXCAVATIONS: An Annual Status Report
every 12 months over the duration of the permit and a Final Status
Report within 30 days after the final completion of each phase of the
excavation. If a Final Status Report will be filed within 4 months
of the required Annual Status Report, then the need for the preceding
Annual Status Report will be waived.
2. The Final or Annual Status Report shall consist of no less than the
following information, and such other information as may be deemed
necessary by the Director, to accurately determine the status of the
excavation, its compliance with this Ordinance and the Special
Conditions of the Excavation Permit:
a. A sealed topographic survey prepared by the project's surveyor/
engineer, containing the following:
(1) A base line along the top of the perimeter of the excavation,
clearly referenced to known points and adjacent property or
tract lines, if appropriate, with right angle cross-sections
taken which clearly show the "as-built" side slope and depth of
PAGE 13 of 19
the excavation at each station. Unless otherwise approved by the
Director, cross-sections shall be taken every 100 feet on
excavations less than 5 acres, and every 300 feet on excavations
over 5 acres. Partial cross-sections showing the "as-built" side
slopes will be necessary on the ends of the excavation and
around the perimeter of the excavation where due to its
irregular shape, the base line right angle cross-sections do not
accurately depict the actual constructed slopes. The cross-
section survey data shall be plotted at an appropriate scale
and the "as-built" side slope ratio computed for each of the
segments between the survey data points. The approved design
cross-section, including the "break-points", shall be
superimposed on each "as-built" cross-section to facilitate
visual verification of substantial compliance with provisions of
this Ordinance. Side slopes shall be graded to within a
reasonable tolerance as will be determined by the Director,
depending upon local site conditions.
(2) On all Planned Unit Development or Subdivision projects, the
outline of the excavations top-of-bank shall be accurately
plotted and referenced to known control points in order that:
a) The surface area can be verified as meeting size and
retention/detention storage needs. The computed
surface area at control elevation shall be shown to
the nearest tenth of an acre.
b) It can be determined that the excavation was
constructed within easements dedicated for that
purpose.
(3) The location of all excavated materials stockpiled on the
property.
(4) Calculation of volume of excavated material as follows:
Cubic yards used on site + cubic yards removed from site + cubic
yards remaining on site in stockpiles = total cubic yards
excavated during reporting period.
PAGE 14 of 19
b. A certification from the project's surveyor/engineer stating that
they have visually inspected all dikes around any dewatering storage
areas, if any, and have alerted the Permittee of any apparent weak
spots or failures which shall be promptly corrected by the Permittee
to assure that there will be no potential fcr dike rupture that would
cause off-site flooding.
c. A certification from the project's surveyor/engineer shall accompany
all final completion status -reports stating that, based on their
observations and surveys, all work on the excavation(s) was completed
within reasonably acceptable standards of this Ordinance and any
special stipulations placed upon the Excavation Permit.
d. If the excavation is incomplete, a written statement by the Permittee
stating the anticipated date of final completion of the excavation.
3. No Building Construction Permits will be issued for any proposed
construction around the perimeter of any excavation where the minimum
clearance between the excavation top-of-bank and the proposed building
foundation is less than 30 feet, unless and until all side slopes adjacent
to the proposed construction have been completed and approved by the
Director. Exceptions to this requirement will be made in those instances
where the perimeter of the excavation will be bulkheaded in accordance
with the provisions of Section 8.B.3.d.
SECTION 10: FEES .
A. Application Fee--A nonrefundable and nontransferable application fee shall be
paid at the time of application in the amount of $ 75.00 for PRIVATE
EXCAVATION permits and $150.00 for COMMERCIAL or DEVELOPMENT EXCAVATION permits
to partially cover the costs of processing the application. Should a Road
Impact Analysis be required in accordance with Section 7 of this Ordinance,
the application fee shall be increased by the amount of $150.00 to partially
cover the cost of the road impact analysis.
B. Permit Fee--Within 60 days after approval notification and prior to its
issuance, an additional nonrefundable and nontransferable permit fee to
partially cover the cost of excavation monitoring not to exceed $3,000.00 shall
be paid in the amount as herein shown:
1. 0 - 2,000 cubic yards of excavated material $ 75.00
2. Each additional 1,000 cubic yards of excavated material $ 4.00
PAGE 15 of 19
C. Road Impact Fee:--If excavated material is to be removed from the subject
property, appropriate road impact fees in accordance with Ordinance No. 85-55,
shall be paid prior to the issuance of a Permit under this Ordinance. A site
specific traffic impact statement may be required to determine the lane mile
impacts and the appropriate fee in accordance with Ordinance 85-55. Upon
completion of off-site removal of material, the amount of any impact fees paid
will be credited to the future site development activities in accordance with
applicable agreement(s) which may be agreed upon by the County and the
developer (property owner) .
D. Time Extension Fee--Each written request for the extension of permit issuance
time shall be accompanied by a nonrefundable time extension fee in the amount
of $50.00 to partially cover the costs of processing the request and the
Director shall not consider the request received until this extension fee is
"paid in full".
E. Reapplication Fee—If a PRIVATE EXCAVATION is not completed within a 12 month
period, a second application and -a nonrefundable $75.00 reapplication fee must
be submitted to the Director.
F. Annual Renewal Fee--Annual status reports filed on DEVELOPMENT or COMMERCIAL
EXCAVATIONS shall be accompanied by an annual nonrefundable renewal fee of
$75.00 to partially cover the cost of reviewing the Annual Status Report.
SECTION 11: PERFORMANCE GUARANTEE REQUIREMENTS.
A. Upon approval of any COMMERCIAL or DEVELOPMENT EXCAVATION permit, but prior to
the issuance thereof, the Applicant shall, after notification that the permit
has been approved, execute an agreement that he will comply with the provisions
of this Ordinance and the permit. Governmental entities shall be exempt from
this requirement. This agreement shall be guaranteed by one of the following
two methods:
1. Excavations performed in conjunction with a Planned Unit Development or
Subdivision Development where excavated materials are not removed from the
boundary of the development and the plan for revised topography has been
approved by the Director may be guaranteed by a Subdivision Completion
Bond in accordance with Collier County Subdivision Regulations governing
the final platting of a Subdivision.
PAGE 16 of 19
2. All other excavations shall, within 60 days after approval notification,
have their performance guaranteed by: (a) a cash deposit or Certificate
of Deposit assigned to the Board; or (b) an irrevocable Letter of Credit
or (c) a Performance Bond issued by a Florida registered Surety Company
having a Best's rating of A+. Said Bond shall be cancellable only upon
a written 60 day advance notice given the Director. Unless otherwise
approved by the Director, Certificate Assignments, Performance Bonds or
Letters of Credit shall be documented- on forms to be provided by Collier
County. The performance guarantee posted for on-site excavation
activities shall be in an amount of no less than $10,000.00 nor more than
$100,000.00 computed at the rate of 20c per cubic yard to be excavated to
ensure compliance with the provisions of this Ordinance but such
performance guarantee shall not act to limit any guarantees required for
off-site road impacts that may be necessary in accordance with Section
7.A.7 of this Ordinance.
B. The performance guarantee shall be executed by a person or entity with a legal
or financial interest in the property and shall remain in effect until the
excavation is completed in accordance with this Ordinance. Performance
guarantees may be recorded in the official records of the County and title to
the property shall not be transferred until the performance guarantee is
released by the Director.
C. All performance guarantees shall be kept in continuous effect and shall not be
allowed to terminate without the written consent of the Director.
D. Should the County find it necessary to utilize the performance guarantee to
undertake any corrective work on the excavation, or to complete the excavation
under the terms of this Ordinance, or to correct any off-site impacts of the
excavation, the Permittee shall be financially responsible for all legal fees
and associated costs incurred by Collier County in recovering its expenses
from the firm, corporation or institution that provided the performance
guarantee.
SECTION 12: APPEALS.
All actions of the Director or County Engineer can be appealed to the Board. Any
Applicant who is aggrieved by the action of the Board relative to the issuance of a
permit, or any person adversely affected by the issuance of a permit may appeal said
action or issuance by appropriate writ to a court of competent jurisdiction within 30
days from the date of said issuance or action. Failure to file an appeal within the
prescribed times limit shall operate as a bar to and waiver of any claim for relief.
PAGE 17 of 19
SECTION 13: LIBERAL CONSTRUCTION.
The provisions of this Ordinance shall be liberally construed to effectively carry
out its purpose in the interest of public health, safety and welfare and convenience of
the citizens and residents of Collier County and of the State of Florida.
SECTION 14: IMPLEMENTATION OF ORDINANCE: RULES AND REGULATIONS.
The Board may enact reasonable rules and regulations to implement and carry out the
provisions of this Ordinance.
SECTION 15: PENALTIES AND ENFORCEMENT.
In addition to the overexcavation penalty provided in Section 8.C.3 of this
Ordinance, any person who violates any section of this Ordinance shall be prosecuted and
punished as provided by Section 125.69 of the Florida Statutes. Each day a violation
exists shall be considered a separate offense. The Board or any persons whose
interests are adversely affected may bring suit, in the Circuit Court of Collier County,
for damages or to restrain, enjoin or otherwise prevent the violation of this Ordinance.
The Director is vested with the authority to administer and enforce the provisions
of this Ordinance and is authorized to take action to ensure compliance with, or prevent
violation of, the provisions of this Ordinance, and shall have authority to issue
administrative stay orders. Failure to file timely status reports with accompanying
permit renewal fees, or failure to keep the performance guarantee in continuous effect
shall be cause for the Director to issue "Stop Work" Orders on all excavation-related
activities taking place or planned for the subject property.
SECTION 16: SEVERABILITY.
It is the intention of the Board that each separate provision of this Ordinance
shall be deemed independent of all other provisions herein, and it is further the
intention of the Board that if any provisions of this Ordinance be declared to be
invalid, all other provisions thereof shall remain valid and enforceable.
SECTION 17: EFFECT ON PREVIOUSLY ISSUED PERMITS AND EXISTING EXCAVATIONS.
A. The provisions of this Ordinance shall govern all permits issued from and after
the effective date of this Ordinance.
B. Excavations permitted under Ordinance No. 73-12 or 80-26, as amended by 83-3,
shall continue to be subject to the requirements of permits issued under said
Ordinances, however, Section 9 and Section 10.D, E & F of this Ordinance shall
have precedence over any conflicting requirements of previous Excavation
Ordinances. Excavations previously permitted by Planned Unit Development or
other County Ordinance shall continue to be subject to the provisions of that
Ordinance and Section 9 of this Ordinance.
PAGE 18 of 19
SECTION 18: COMPLIANCE WITH STATE AND FEDERAL PERMITS.
The issuance of a permit in accordance with the provisions of this Ordinance is not
intended to preclude the right or authority of any other Federal or State agency from
requiring separate permits in accordance with rules and regulations of that agency. In a
case where multiple permits are required, the most stringent stipulations and require-
ments of each permit shall govern the work permitted under this Ordinance.
SECTION 19: ORDINANCE NOS. 73-12, 80-26, 83-3 REPEALED.
Ordinance Nos. 73-12, 80-26, and 83-3, which provided for the regulation and
issuance of permits for excavations are hereby repealed.
SECTION 20: EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of acknowledgement from the
Secretary of State that the Ordinance has been duly filed.
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PASSED AND DULY ADOPTED BY the Board of County Commissioners of Collier County,
Florida this 1st day of March 1988.
c\`' r
D4ig: March 1`,, 8 BOARD OF COUNTY COMMISSIONERS
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COLLIER COUNTY, FLORIDA
ATTEST:
� e t
B�: •,,2�G< putt' Clerk BY:
JA1�S C GILES, CLE ARNOLD LEE GLASS, CHAIRMAN
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
ttir\ KR ETH B. CUYLER, COUNTY ATTORNEY
PAGE 19 of 19