Ordinance 83-03 ,AMI~NDI~G COLLIER COUNTY ORDINANCE NO. 80-26, AN
ORDINANCE REGULATING EXCAVATIONS WITHIN COLLIER COUNTY, FLORIDA;
AMENDING THE DEFINITION OF AN EXCAVATION; AMENDING EXEMPTIONS TO
ORDINANCE'N.O.qB~,,q; AMENDING WATER MAnAGEMENT.PLANS REQUIREMENTS
AMENOINg EVIDENCE~EQUIRED FOR PEKMIT APPROVAL, AMENDING BONDING
REQUIREMENTS; AMENDING ORDINANCE NO. 80-26 TO ADD SECTION
PROVIDIN~' FOR STATE"AND FEDERAL PEKMITS; PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISISONERS OF COLLIER COUNTY, FLORIDA as
follows:
SECTION 1: FINDINGS
The Board of County Commissioners hereby finds that it is necessary in the public
interest to regulate excavations as defined herein in the interest of the public
health, safety and welfare of the citizens of Collier County. Regulatinns concerning
the location, construction, and use of excavations are necessary inasmuch as said
e×cavations have the capacity to create hazards to the safety of people and property;
to create public nuisances resulting from dust and noise attendant in the excavation
process; to interfere with, alter or otherwise adversely affect sanitary, storm or
drainage systems or natural flow ways; to adversely affect ground water levels and/or
water quaility; and to interfere with the Collier County Comprehensive Land Use Plan.
SECTION 2: PURPOSE
The purpose of this Ordinance is to provide a means to regulate excavations as
defined herein to ensure that such excavations do not endanger public health, safety
or welfare.
SECTION 3: UNb%WFUL
It shall be unlawful for any person, association, corporation or ,~ther ity
create, attempt to create, or alter an excavation without having obtained a p~mit-TI
therefore, except as provided herein.
SECTION 4: DEFINITION
For the purposes of this Ordinance, the term excavation shall me~ rem~l of any
mat:rial to a depth greater than
~eaee~-ehan-een-eho~eand-~T~)-sq~a~e-~eee~ three (3~ feet be]ow existin~ ~rade
over any area or one (1} foot below existin~ ~rade over an area ~reater than ten
thou.and (lOtO00) square feet.
NOTE: Words underlined are added to existing ordinance; words ee~eeh eh~eeSh are
deletions from existing ordinance.
0!7
SECTION 5: EXEMPTIONS
The following, to the extent specified herein, are exempt from the requirements
to this Ordinance subject to compliance with all other applicable laws and ordinances:
A. Earth moving in conjunction with the installation of a utility, which ia 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 land emd-des~sned-ee-be-~&½½e~
upon-eemp½ee~env-~ve~-g~aves?-sepe~e-ee~Ws?-eee~ 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.
~v
p½ett~mS-e~-e-eubd~v~en-end-whe~e-e-Subd~v~e~en-Gemp½ee~en-Bend_hee_Weee
Pe~eed-e~-w~e~-e~emveeed-m~ee~e½e-eee-net-~emeved-~em-t~e-~eumdee~-e~-eNe
P½eeee~-~ub~v~e~-end-e~e-p½en-~ee-rev~eed-~epeg~ep½y-~ae-~ee~-eppeeve~-~y
e~e-~ea~-e~-Geuney-Gemm~ss~ene~sv
~. ~ The regrading only o~ an7 property
*peeeeen~ 6or aesthetic purposes that does not create a body of water or
(mffec~ existing drainage patterns.
~. Fy Agricultural drainage, irrigation work incidental to agricultural
operations, and stock watering ponds, if no material is removed from site
and pend does not exceed one-half acre in area or eight (8} feet in depth.
F~. G~ The grading, filling, and moving of earth in conjunction with road
construction within the limits of the right-of-way when the construction
plans have been approved by the County or State Department of
Transportation.
H~ ~w~mm~mg-peo½e~
SECTION 6: ISSUANCE OF PERMITS
~. The permits required by this Ordinance shall be issued by the County
Engineer of Collier County in accordance with the procedures set forth
herein and shall come under either of the following catagories:
2
A. Private-Considered to be an excavation where the materiel obtained
is not removed from the property and where the distrubed surface
area at grade does not exceed 43,560 square feet (one acre).
B. Commercial-Considered to ba any excavation wherein the excavated
material is removed from the property, for whatever purpose, or
where the disturbed area of the 'excavation exceeds 43,560 square
feet (one acre).
2. Issuance of Private Permits: The County Engineer shall issue private
excavation permits where all of the applicable standards of this ordinance
have been mst. When in his opinion the standards have not been met, the
application shall be submitted to the Water Management Advisory Board with
ultimate approval required of the Board of County Commissioners. A monthly
report shall be made to Water Management Advisory Board of all permits
issued directly by the staff.
3. Issuance of Commercial Permits: Applications for commercial permits must be
reviewed by the Water Management Advisory Board and approved by the Board of
Collier County Commissioners.
SECTION 7: GENERAL REQUIREMENTS FOR OBTAINING EXCAVATION PERMITS
A. Application in the required number of copies for excavation permits under
this Ordinance shall be submitted to the County Engineer on a form to be
supplied by the County. The application shall include, but not be limited
to, the following information:
1. The name, address and telephone number of the excavator, if know~,
and owner of the land involved or his agent.
2. A legal description and location of the property involved.
3. A signed statement by the excavator or land owner 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
County and State codes and laws.
b. A statement of purpose of excavation and intended uoe of the
material to be removed.
4. The following prepared by a surveyor or engineer registered in the
State of Florida of the property to be excavated showing:
a. The boundaries of the property.
b. Existing grades on the property.
c. The level of the mean annual low water table.
d. The grades which will exist following the completion of the
excavation,
e. The volume of the excavation.
f. Easements, roads and setbacks, and zoning.
g. Drainage and flow ways.
5. A lint of the names and addresses of adjacent land owners obtained
from official tax rolls.
6. ~½ene-f~-d~eeherge-of-weee~-f~em-e~tev Water Management Plan
~etailinfi methods for the conservation of existin~ on-site drainage
sTstems as well as a proposal for the offsite dischar~e of
~roundwater~ if applicable.
If the application is made by any person or firm other than the owner of the
property involved, a written consent to the work from the property owner
shall be required prior to procesming of the applicatinn.
Prior written notice of Water Management Advisory Board meeting shall be
provided to all adjacent property owners as determined by reference to the
latest tax rolls.
Approval by the Board of Collier County Commissione~s shall be granted only
based upon competent and substantial evidence adduced by the applicant,
that:
1. The excavation will not interfere with the nat~ral function of any
s~nitnry storm or drainage system or natural flowage way, whether
pub~.tc or private so ns to create flooding or public health
hazards.
2. Public nuisance resulting from d~st and noise will not be caused.
3. Damage to public street, road or highway resultin~ from the
operation of equipment or the hauling of excavated material from
the site within one-quarter of a mile on either side of ~he
entrance to the excavation site shall be the responsibllty of the
permittee. The extent and timing of repairs to be made shall be
determined by the County Engineer. Where major or public roads,
streets or highways are involved, the applicant may be required ~
have inetalled, at his expense, a turning lane and appropriate
entrance improvement as a requirement for issuance of a commercial
permit.
4. The excavation will not adversely affect ground water levels,
water quality or surface water flow ways.
5. The excavation will be constructed so as not to cause a safety
hazard to persons or property.
6. The excavation does not conflict with the Comprehensive Land Uae
Plan or land use regulations adopted pursuant thereto nor does it
conflict with existin~ Zonins Resulationa. The applicant shall
provide written statements to this effect from the Planning
Director nnd the Plan Implementation Director, respectively.
REQUIREMENTS FOR TIlE CONSTRUCTION OF EXCAVATIONS
Setbacks--Excavation pits, artificial lakes or other uses of lands excavated
and designed to be left open upon completion shall be excavated so that the
top of the excavation shall lie within the following minimum setback lines:
1. Two Hundred (200) feet from an existing or proposed right-of-way
of any Federal or State numbered highway.
2. One Hundred Fifty (150) feet from an existing or proposed
right-of-way of any County numbered roadway.
3. One Hundred (IO0) feet from the risht-of-wav of any other existing
or proposed public street, road or highway.
4. Fifty (50) feet from side, rear, or abutting property lines except
that where the excavation is located in agriculturally or
industrially zoned districts abutting a residentially zoned
district, the setback shall be One Itundred (100) feet from the
residentially zoned property.
Side Slopes--The finished side slopes of the excavated area shall be no
greater than:
1. One (1) foot vertical drop for each three (3) fee~ of horizontal
distance measured from the top of the excavation line into the
excavated area to a minimum depth of three (3) feet of water at
Iow water elevation. Below the three (3) foot depth of water at
low water elevation, the slope shall not be greater than one (1)
foot vertical for each two (2) feet horizontal. The slopin~ shall
be maintained on all slopes except the "working face". For
commercial rock quarry operations where the 3 to I slope cannot be
SECTION 8:
A.
nbtn~ned, fencing aa apacifiod in Paragraph "D" shall be
installed.
Hours of Operation--Machine and blasting operations shall be regulated by
appropriate County or State Ordinances or laws.
Fencing--If, upon review of the application or at any time prior to
completion of the excavation, the Board of Collier County Commissioners
finds that the location and conditions of the excavation constitutes a
hazard, the excavation shall be enclosed permanently with a minimum of four
(4) feet high~ ~four strand barbed wire), or other fencing aa deemed
appropriate by the Board of County Commissioners, to deter passage of
persons.
E. Duration of Excavation Permits:
I. All private permit~ shall be valid for a period of twelve (12)
months. If the work is not completed in that time a second
application, with application fee must be submitted.
2. Commercial permits will be of indefinite duration or until the
excavation reaches the limits of the size presented in the
original application.
F. Completion of Operation--Upon completion of the excavation, the excavation
shall be conformed with this Ordinance and a certified survey and drawing by
n surveyor, or engineer, registered in the State of Florida, shall be
provided to the County Engineer. The drawing shall contain a base line
around the top of perimeter or the excavation clearly referenced to known
points with right angle crnqa-sections taken at one hundred (100) foot
stations (minimum three) which clearly shows the slope and depth of the
excavation and the elevations of the excavation and the elevations of the
surrounding lands to the property lines or within a radl%ls of 500 feet
whichever is the lesser distance.
G. Discontinuance of Operation--If the digging operation ia discontinued for a
period of ninety (90) consecutive days, except due to strikes or Acts of
God, all slopes, including the working face, shall be conformed with this
Ordinance and a report so stating submitted to the County Engineer.
Rcco~mencement shall also be reported. If discontinued for a period of one
year, that permit ia void. A new permit must be approved prior to
commencement.
SECTION 9:
G&eeherge-e&-Weee~-~rem-ehe-G*ee-½~-d~eeherge-e~-we~er-~rem-e~emv~e~-n~en
~ee_p~eh~eed-by-6e~½~e~-6e~e~T-e-perm~e-me~e-~e-e~ee&ned-~e~-ieeeh
~½e~e-geeer-He~ieme~e-~eer~eeT-&~-epp½~ceb½e~-p~er-ee-d&eehe~ie?
0ffsice Dischar~e of Groundvac~r--^ permit shal~ be required in accordance
with the Collier County Water Management Polic7 Ordinance, lateat edition~.
for an~ offsite dischar~e of ~roundwater.
INSPECTION AND REPORTING REQUIREMENTS
Inspection
I. The County ahall have the right to enter the aite permitted for
excavation with reasonable notice, and may from time to time carry
out inspectiona of the excavation site to determine compliance
with the provisions of this Ordinance and any special conditions
attached to the Excavation Permit as issued by the County.
2. In making any and all inspection, the County shall first report to
and be accompanied by the on-site management, representative or
employee of the operation. Such escort cannot be refused by the
operator unless a clear cut danger or hazard can be demonstrated.
3. Upon reasonable notice from the County that an inspection is to be
conducted which requires the assistance and/or presence of the
property owner, pit operator or his representative, the property
ow~ner or his representative shall be available to assist the
County in the inspection of the excavation site.
The County is not obligated to carry out a detailed topographic
survey to determine compliance with this Ordinance. Upon a
finding by the County of any violation of this Ordinance or the
special conditions of the Excavation Permit, it shall advise the
property owner in writing. The property owner shall, within
fifteen (15) days of receipt of such notice, h~ve either the
violation corrected or submit in writing why such correction
cannot be accomplished. Such written communication shall also
state when the violation is to be corrected, If, in the opinion
of the County Engineer, the delay in correcting the violation is
exceaaive, he may recommend to the Board of County Commiaaionera
that the permit be temporarily or permanently revoked. Upon
correction of the violation the property O,.~h~r operator may be
required by the County Engineer to have an appropriate report,
Reporting
1.
letter end/or survey, whichever is applicable, prepared and
submitted to the County by an engineer or surveyor registered in
the State of Florida. Failure to do so shall be cause for
revoking tbs permit.
Every twelve (12) months during the term of the Excavation Permit
and within thirty (30) days after the final completion of the
excavation, the property owner or his agent shall provide the
County with a status report of the excavation activities.
The status report shall consist of no less than the following
information, and such other as may be deemed necessary by the
County to accurately determine the status of the excavation and
its compliance with this Ordlr~ar~ce and the ~pccial condition~ of
the Excavation Permit:
a. A certified topographic survey prepared by a surveyor or
engineer, registered in the State of Florida containing the
following:
A base line around the top of the perimeter of the
excavation, clearly referenced to known points, with
right angle cross-section taken at one hundred (i00)
foot stations (minimum of three) which clearly show
the slope and depth of the excavation at each station.
(2) The location and distribution of all excavated materials
remaining on the property.
(3) Any erosion which has occurred due to the discharge of
water from the excavation site.
(4) Calculation of volume of excavated material removed from
the excavation pit.
b. A written statement by the property owner or his agent
stating the anticipated date of final completion of'the
excavation.
SECTION lO: PERMIT FEES
A nonrefundable fee shall be paid at tho time of application in the amount of
Fifty Dollars ($50.00) for private permits and One Hundred Dollars ($i00.00) for
commercial permits to cover the costa of processing the application. Upon approval of
the permit and prior to its issuance, an additional fee not to exceed $2,000.00 shall
be paid in the amounts as herein shown:
A. 0 - 2,000 cubic yards of excavated material ......... $50.00
B. Each additional 1,000 cubic yards of excavated material . 2.50
SECTION I1: BONDING REQUIREMENTS (Co~,ercial Only)
A. Upon approval of the permit, but prior to the issuance thereof, the
Applicant shall, w~eh~n-e½½eey-~O)-deys? after notification that the permit
has been approved, execute an agreement that he will comply in the
provisions of this Ordinance and the permit. This agreement shall be
secured by one of the followin~ two methods:
pe~ferm..ee-b.nd-~e.ea-by-e-F½e~de-~eg~eeeted-euteey-eempany-peyeb½e-ee
e~e-B.e~d--6-g~.ney-G~mm~e~.ne~s~-e~-~d~-~ueh-eeNe~-~eeu~ey-aa-mey-be
~eeep~e~½e-e~-e½e-G~.ney~--~he-~eeu~ey-~seed-~he½~-~e-~n-en-emeune-e(-ne
7nrd-ee-be-e~eeveeed-ee-ena~ee-eemp½Eenee-wEe½-ehe-prevEeEena-eE-e~e
~rdEnenee?-end-eepe(e-~emage-ee-any-reea-eenneeeEn$-e~-½eRdEng-ee-e~e
Excavations performed ~n conlunctton with a ?1armed Unit
Development or Subdivision Development where excavated materials
are not removed from the boundary of the platted Development and
the plan for revised topography has been approved by the Board of
County Commissioners, shall be secured by a Subdivision '
Completion Bond in accordance with Collier County Subdivision
Regulations governing the final plattin~ of a Subdivision.
All other commercial excavation shall, within sixty (60) days
after approval notification~ be secured
(a) a cash bond; (b) an irrevocable letter of credit) (c) a
surety performance bond issued by a Florida registered surety
company payable to ~ha Board of County Co~.~issionersr or (d) much
other security am may be acceptable to the County. The security
posted shall be in an amount of no less than Five Thousand
Dollars ($5~000.00) nor more thnn Fifty Thousand Dollars
($50t000.00) computed at the rate of Ten Cents ($0.I0) per~ubic
yard to be excavated to ensure compliance with the provisions of
the Ordinance~ end to repair damaBe to any road connectinB or
leadins to the proposed borrow pit as provided for in Section 7~
Paragraph D-3 of chis Ordinance.
B. These bonds shall be in a form that is recordable in the Public Records of
Collier County, Florida, shall be executed by each natural or artificial
person with a leEal or equitable interest in the land, and shall remain in
effect until the excavation is completed in accordance with the Ordinance.
Title to thc land shall not be transferred until the bond is released.
SECTION 12: APPEALS
Any applicant for a permit who is a~grieved by the action of the Board of Collier
County Commissioners relative to ~he issuance of a permit, or any person adversely
affected by ~he issuance of n pcrmi~ may appeal said action or issuance by appropriate
wri~ ~o ~hc Circuit Court of Collier County within thirty (~0) days from the date of
said issuance or action.
SECTION 12: LI~E~\L CONSTRUCTION
The provisions of this Ordinance shall be liberally construed to effectively
carry our t~s purpose in thc intcres~ of public health, safety and ~elfare and
convenience of thc ci~l~c~s and residents of Collier County and of the State of
Florida.
SECTION 14: IHPLEHENTATION OF OF~INANCE: RULES AND REGULATIONS
Thc Board of County Co~issioncrs may enact reasonable rules and regulations to
implcmen~ and carry out the provisions of this Ordinance.
SECTION 15: PENALTIES AND E~FORCE~ENT
Any persons, fir~ or corporation who violates any section of this Ordi~ance shall
be prosecuted and punished as provided by Section 125.69 of the Florida Statutes. The
Board of County Commissioners, ~e-~s~ney-E~8~nee~v or any parsons whose interests
adversely affected may brin~ suit to restrain, enjoin or otherwise preven~ the
violaticn of this Ordinance in the Circuit Court of Collier County.
The County Engineer is vested with the authority to administer and enforce the
provisions of this Ordinanca and is ~uthorized ~o take action to ensure compliance
with, or prevent violation of, the provisions of this Ordinance, and he shall have
authority to issue administrative stay orders.
SECTION 16: SEVERABILITY
It is the intention of the County Commission that each separate provision of this
Ordinance shall b~ deemed independent of all other provisions herein, and it is
further the intention of the County Commission 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 the Ordinance shall govern ell permits issued from and
after the effective date of this Ordinance.
B. Excavations permitted under Ordinance No. 73-12 shall continue to be subject
to the requirements of permits issued under Ordinance No. 73-12 and Section
9 of this Ordinance which shall have precedence over any conflicting
requirement of Ordinance No. 73-12. Excavations permitted by PUD or other
County Ordinance shall continue to be subject to the provisions of that
Ordinance and Section 9 of this Ordinance.
C. Existing commercial nperations being conducted on a continuous basis,
currertly exempt from Ordinance No. 73-12, may continue operation for a
period of 180 days following the effective date of this Ordinance. At the
end of the 180 day period, all excavation activities shall cease unless
an "existing commerctsl use permit" has been issued under this Ordinance for
any future areas of excavation.
D. Existing Commercial Use Permit--A permit to continue excavation in existing
commercial operations currently exempt from Ordinance No. 73-12 shall be
issued by the County Engineer upon the satisfactory submittal of an
application which shall include the following:
A plan which indicates a legal description of the property,
the boundaries, required setback, depth of proposed
excavation, volume of material to be excavated.
E. All areas excavated prior to the date of this Ordinance are exempt from the
requirements of this Ordinance except for the requirements of Sections 8B
~ and 8D.
SECTION 18: STATE AND FEDERAL PERMITS
The issuance of a permit in accordance with the provisions of this Ordinance ts
no: intended to preclude :he ritht of an~ other State or Federal agency from
requiring separate permits in accordance with rules and re~ula~ions of ~hat agency.
11
In a case where multiple permits ara requiredr the most strin~ent stipulations and
r~c,~.lrements of each ~ermit shall ~overn the work permitted under this Ordinance.
SECTION lg:
This Ordinance muperceded Ordinance No. 73-12 and shall take effect.upon its
passage and ss provided by law.
SECTION 20:
This Ordinance amends Ordinance No. 80-26 and shall become effective upon
acknowledgement from the Secretary of State that the Ordinance has been duly filed.
PASSED AND DULY ADOPTED BY the Board of County Commissioners of Collier County,
Florida this 8th day of February , 1983.
ATTEST: BOARD OF COUNTY COMMISSIONERS
WILLIAM J. REAGAN, CLERK."~/ OF COLLIER COUNTY, FLORIDA
STATE OF FLORIDA .: )
COUNTY OF COLLIER )
I, WILLIAM J. REAGAN, Clerk of Courts in an. for the Twentieth Judicial Circuit,
Collier County, Florida, do hereby certify that the foregoing i~ a true original of:
ORDINANCE NO. 83-3
wh£ch was ~dopted by the Board of County Commissioners Curing Regular Session
on the 8th da5? of ~ebruary, 1983.
~?fTNESS my h~d ~ ~ official ~al of ~ ~rd of C~ty ~,,&ssioners
of Collier Catty, Florida, ~is 10~ ~y of Feb~ 19~3.
~ILLL~ J. RF~AC~N
Clerk of Cour*_s and Clerk
Ex-officio to P~ard of ..
County Cc, md ssioners
~srq..z~?a .~mqrz, ~3epucy ~er~
This ordinance filed with the Secretary of State's
Office the 14th day of February, 1983 and acknowledge-
ment of that filing received this 16th day of February,
1983.
-- XDeputy Clerk