Ordinance 80-026ORDINANCE riO. 80_ ,26
AN ORDINA~ICE TO REGULATE EXCAVATIONS WITHIN COLLIER
COUNTY, FLORIDA; PROHIBITING EXCAVATIONS WITHOUT A
PERMIT THEREFOR; ESTABLISHI~iG STANDARDS FOR THE ISSUANCE -
OF A PER,lIT; ESTABLISHIfIG ST/~'IDARPS FOR TIlE CONSTRUCTIO~I ~=
OF EXCAVATIOHS; PROVIDI)iG FOR EXISTING EXCAVA~OHSE PROVIOIPIO
FOR SEVERABILITY, E)IFORCEEENT, Arid PEfiALTIES; '~R~INO F~ =,
AN EFFECTIVE DATE, ' -: r.
BE IT ORDAINED BY THE BOARD OF COUNTY C~IISSI~ERS OF COLLXER C~Yj~LORIOA
~s follows: .... ~
~ECTION 1: FIelDINGS ':~ -'~
The Board of County Co~isstoners hereby finds that tt is necessary tn the public
interest to regulate excavations as defined herein tn the interest of the public
health, safety, and welfare of the citizens of Collier County. Regulations concerning
the location., construction, and use of excavations are necessary inasmuch as said
excavations have the capacity to create hazards to the safety of people and proper~;
to create public nuisances resulting fr~ dust and noise attendant tn the excavation
process; to interfere with, alter, or otherwise adversely affect sanitary, stom or
drainage syst~s or natural flow ways; to adversely affect ground water levels and/or
water quality; and to interfere with the Collier County C~prehensive Land Use Plan.
SECTIO~ 2: PURPOSE
The purpose of this Ordinance ts 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: UNLA~IFUL ~
It shall be unlawful for any person, association, corporation, ~ othe~..ent-f~
to create, attempt fo'create, or alter an excavation without having ~btain~ba/f~it
therefor, except a~ provided herein. ~ ~ r~
SECTIO~ 4: DEFINITION ~ ~
For the purposes of this Ordinance, the term excavation shall mean removal of any
material to a depth greater than one il} foot below existing grade over an area greater
than ten thousand {lO,O00) square feet.
SECTIOH 5: EXEHPTIONS
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 is
to be backfilled.
Bm
Foundations of any building or structure providing the excavation will be
conftned to the area of the structure only.
C. Excavations relattng to the accessary use of land and designed to be filled
upon completion, t.e. graves, septic tanks, etc.
O. Excavating, grading, filling, and moving of earth in conjunction wtth ftn&l
platttng of a subdivision and where a Subdivision Completion Bond has been posted,
and when excavated materials are not removed from the boundary of the platted
subdivision and the plan ~or revised topography has been approved by the Board of
County Con~issioners.
E. The regrading only of any property not covered tn Paragraph 0 above that does not
create a body of water, pit or affects extsttng dratnage patterns.
F. Agricultural drainage, irrigation work incidental to agricultural operations,
stock watering ponds if no matertal is removed from site and pond does not exceed
one-half acre.
G. The gradtng, ftlllng, and moving of earth tn conjunction wtth road construction
wIthtn the limits of the rtght-of-waywhen the construction plans have been
approved by the County or 5tare Department of Transportatfon.
H.Swtn~tng Pools.
SECTION 6: ISSUA~ICE OF PERMITS
1. 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 catagortes:
A. Private - Considered to be an excavation where the material obtained
is not removed from the property and where the disturbed surface area at
grade does not exceed 43,560 square feet {one acre).
B. c°mmercialo-, Considered to be any excavation wherein the excavated material
is removed from the property, for whatever purpose, or where the disturbed
area of the excavation exceeds 43,$60 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 met. When in his opinion the standards have not been met, the application shall
be submitted to the ~later Management Advisory Board with ultimate approval required
of the Board of Collier County Comnisstoners. A monthly report shall be made to
Water Management Advisory Board of all permits issued directly by the staff.
3. Issuance of Cor~nerctal Permits. Applications for cemnmrcial permits must be
reviewed by the Water Management Advisory Board and approved by the Board of Collier
County Conmtsstoners.
S£CTIO~I 7:
GE~!ER6~ ~.E~UIREMENTS FOR OBTAINI~IB EXCAVATIOFI PER/4ITS
A. Application tn the requtred number of copies for excavation permtts under
thts Ordinance shall be su~ttted to the County Engineer on a form to be
supplied by the County. The application shall tnclude, but not be ltmtted
to, the following Information:
1. The name, address and telephone number of the excavator, tf known, and
o~ner of the land tnvolved or hts agent.
2. A legal description and location of the property involved.
3. A signed statement by the excavator or land owner or his agen~htch
includes:
(al A statement that he has read this Ordinance and agrees to conduct
the excavation in accordance with this Ordinance and all County
and State codes and laws.
(b) A statement of purpose of excavation and intended use 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:
(al The boundaries of the property
(b) Existing grades on the property
(c) The level of the mean annual low water table
id) The grades which will exist following the completion of excavation
(el The volume of the excavation
(fl Easements, roads and setbacks, and zoning
(gl Drainage and flow ways
5. A ltstoo% the name~ and addresses of adjacent land owners obtained
from the official tax rolls.
6. Plans for discharge of water from site.
B. 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 processing of the application.
C. Prior written notice of Water Management Advisory Board meeting shall be
provided to all adjacent property ~ers as determined by reference to the
latest tax rolls.
O. Approval by the Board of Collier County Commissioners shall be granted only
based upon competent and substantial evidence adduced by the applicant, that:'
1. The excavation will not interfere with the natural function of any
sanitary, storm or dratnaoe system or natural flowage way, whether
public or private so as to create flooding or publtc health hazards.
2. Public nuisances resulting from dust and noise will not be caused.
3. Damage to public street, road or htghway resulting from the operation
of equipment or the hauling of excavated material from the stte wtthtn
one-quarter of a mile on either side of the entrance to the excavation
site sh~ll bo the responsibility of the per~ittee. The extent and
timing of the repairs to be made shall be determined by the County
Engineer. ~!here major or public rnads, streets or highways are involved,
the applicant may be required to have installed, at his expense, a
turning lane and an 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 excavatt'on does not conflict with the Comprehensive Land Use Plan
or land use regulations adopted pursuant thereto. The applicant shall
provide a written statement to this affect from the Planning Director.
REQUIREME~)TS FOR THE COHSTRUCTI~ 0P £XCAVATIOrlS
Setbacks--Excavation pits, artificial lakes or other uses of lands
excawted 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 line
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 road~ay.
3. One Hundred (100) Feet fro~ 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 )lundred (100) Feet from the residentially zoned property.
Side Slopes--The finished side slopes of the excavated area shall be no
greater than:
SECTION 8:
'4-'
One (1) foot verttcal drop for each three(3) feet 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 lo~
water elevation. Oelow the three(3) foot depth of water at low water
elevation, tho slope shall not be greater than one (1) root vertical
for each twu (2) feet horizontal. ,The sloping shall be maintained
on all slopes except the "working Face". For co~nerctal rock quarry
operations where the 3 to 1 slope cannot be obtained, fencing as
specified in Paragraph D shall be installed.
Hours of Operation--Machine and blasting operations shall be regulated by
appropriate County or State Ordinances or la~.
D. Fencing--If, upon review of the application or at any time prior to completion c
the excavation, the Board of Collier County Comisstoners finds that the
location and conditions of the excavation constitutes a hazard~ the
excavation shall be enclosed pemanently with a fence a minimum of four
feet htoh (four strand barbed wire), or other fencing as deemed appropriate
by the Board of County Con~ntsstoners, to deter passage of persons.
E. ~ration of Excavattop Permits
1. All private permits shall be valid for a period of twelve (12) months.
If the work is not completed in that time a second application, with
appltc~ton fee must be submitted.
2. Co~nercta~ permits wtl~ be of indefinite duration or untt~ the excavation
reaches the limits of size presented in the ortgina~ application.
F. Completion of Operation--Upon completion of the excavation, the excavation
shal~ be conformed with this Ordinance and a certified survey and drawing
by a 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 the perimeter of the excavation clearly referenced to
known points with right angle cross-sections taken at one hundred
foot stations (minimum three) which clearly show the slope and depth of the
excavation and the elevations of the surrounding lands to the property
lines or within a radius of 500 feet whichever is the lesser distance.
G. Discontinuance of Operation--If the digging operation is discontinued
for a period of ninety {~0) 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 County Engineer.
Reco~encement shall also be reported. Zf discontinued for a period of one
year, the permit is void. A new permit must be approved prior to recomencemenl
H. Discharge of Water from the Stte--If discharge of water from excavated area
is nnt prohibited by Colltpr ~o,nty, a permit must be obtained from South
Florida Water ~nagement District, if ~ppltcable, prior to discharge.
SECTION 9: I~ISPECTION AND REPORTING REQUIREMENTS
A. Inspection
1. The County shall have the right to enter the site permitted for excavation,
with reasonable notice, and may from time to time carry out inspections
of the excavation site to determine compliance with the provisions of
this Ordinance and any spectal conditions attached to the Excavation
Permtt as issued by the County.
5. In making any and all inspections, the County shall first report to and
be accompanied by the on-stte 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 nottce from the County that an inspection ts to be
conducted which requires the assistance and/or presence of the property
owner, pit operator or his representative, the property owner or his
representative shall be available to assist the County in the inspection
of the excavation stte.
4. 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 thts Ordinance or the special conditions of the
Excavation Permit, it shall advise the property owner in writtng. The
property owner shall, withtn fifteen {15) days of receipt of such notice
have either the violation corrected or submtt 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 excessive, he may
recon~end to the Board of Collier County Co, missioners that the permit be
temporarily or permanently revoked. Upon correction of the violation
the property owner or operator may be required by the County Engineer to
have an appropriate report, letter and/or survey, whichever ts appltcable~
prepared and submitted to the County by an Engineer or surveyor registered tn
theState of Flort~. Failure to do so shall be cause for revoking the permtt.
B. Reporting
1. 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.
2. 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
Ordinance and the special conditions of the Excavation Permit.
(a) A certified topographic survey prepared by a surveyor, or engineer,
registered in the State of Florida containing the following=
il) A base line around the top of the perimeter of the excavation,
clearly referenced to known points, with right angle cross-
sections taken at one hundred (100) foot stations (minimum of
three) which clearly show the slope and depth of the excavation
at each section.
(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 the volume of excavated material removed from the
excavation pit.
(b) A writte,~ statement by the property owner or his agent stating
the anticipated date of final completion of the excavation.
SECTION lC: PERMIT FEES
A nonrefundable fee shall be paid at the time of application in the amount of
Fifty ($50.00) Dollars for private permits and One Hundred ($100.00) Dollars for
commercial permits to cover the costs 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. E~ch additional 1,O00 cubic yards of excavated material ...... 2.50
SECTION ll: BONDING REQUIREMENTS (Con~ercial Only)
A.
Upon approval of the permit, but prior to the issuance thereof, the
Applicant shall, within thirty (30)days 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 either:
(al a cash bond; (b) an irrevocable latter of credit) (c)..).sure.ty perfor.- "
mance bond issued by a Florida registered surety company payable to the
Board of County CommissiOners, or id) such other security as may be acceptable
to the County. The security posted shall be in an amount of no less than
Five Thousand ($5,000.00) Dollars nor more than Fifty Thousand ($50,000.00)
Dollars computed at the rate of Ten ($.10) Cents per cubic yard to be
excavated to ensure compliance with the provisions of the O~dtnance, and
to repair damage to any road connecting or leading to the proposed
pit as provtded for in Section 7, Paragraph D-3 of this ordinance.
B. These bonds shall be in a form that is recordable in the Public Records of
Collier County, Florida, shall b~ executed by each natural or artificial
person with a legal or equitable interest in the land, and shall remain in
effect until the excavation is completed in accordance with the Ordinance.
Title to the land shall not be transferred until the bond is released.
SECTION 12: APPEALS
Any applicant for a permit who is aggrieved by the action of the Board of Collier
County Commissioners 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 the Circuit Court of Collier County within thirty (30) days from the date of
said issuance or action.
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: IMPLEMEBTATIOtl OF ORDINANCE: RULES AND REGULATI~IS
The Board of County Commissioners may enact reasonable rules and regulations
to implement and carry out the provisions of this Ordinance.
SECTION 1S: PENALTIES AND ENFORCEMEHT
Any person, firm or corporation who violates any section of this Ordinance shall
be prosecuted and punished as provided by Section 125.69 of the Florida Statutes.
The Board of County Commissioners, the County Engineer, or any person whose interests
are adversely affected may bring suit to restrain, enjoin or otherwise preve~ the
violation 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 Ordinance and is authorized to 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: SEV£RABZLZTY
it is the tntenttun of the County Comtsston that each separate provision of
this Ordinance shall be deemed independent of all other provisions herein, and it is
further the Intention of the County Co~nissfon thet if any provisions of this Ordinance
be declared to be tnvaltd, all other provisions theroof shall rematn valld and
enforceable.
SECT]OH 17: EFFECT Orl PREv]busLY ISSUED PEI'~I%T~ AND EX]STZNG EXCAVAT%OHS
A. The provisions of this Ordinance shall govern all permtts issued from and
after the effective date of this ordinance.
B. Excavations permitted under Ordinance rio. 73-12 shall continue to be subject
to the requirements of pemtts tssued under Ordinance Ho. 73-12 and Section
9 of thts ordinance which shall have precedence over any conflicting
requirement of Ordinance ilo. 73-12. Excavations permitted by PUD or other
County Ordinance shall continue to be subject to the provisions of that
Ordinance and Section g of this Ordinance.
C. Existing conmerctal operations being conducted on a continuous basis, currently
exempt from Ordinance No. 73-12, may continue operation for a perlod 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
comnerctal use permit" has been issued under this Ordinance for any future
areas of excavation.
D. £xtstin~ Commercial Use Permlt--A permit to continue excavation tn existing
co,mercia1 o~erattons currently exempt from Ordinance ~o. 73-12 shall be
issued by the County Engtnee~ 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.
Existing use permtts issued for co~erctal operations sha~l be subject to
the following provisions of this Ordinance: Sections 8B, C, D, F, & $;
Sections 9 and ~0.
E. ^11 areas excavated prior to the date of thts ordinance are exempt from the
requirements of this Ordinance except for the requirements of Sections 8B
or 8D.
SECTION 18:
This Ordinance supercedes Ordinance tie. 73-12 and shall take affect upon its
passage and as provided by law.
PASSED AND DULY ADOPTED BY the Board of County Con~ntsstoners of Collier County,
Flori,da., this 20th day of
. ,,,,,'x~'?.
~'~.~L.,LiAH g... E[~GAN', CLERK~..~
..-- : ,. '( . '. ~"~
Tebruax7 , 1980.
BOARD OF COJNTY CO~ISSI~ERS
OF COLLIER COUNTY, FLORIDA
SlAtE OF FLORIDA
COUNTY OF COLLIER
I, IVILLIAMJ. )~C~) Clark of Courts in and for the TwenttethJudtctal
Circult, Collier County, Florida, do hereby certify that the foregoinR is a
true original of:
OPJ)IN/~Ci) NO. 80-26
which was adopted by the Board of County Co~nisstoners during Regular
Sosston Fobruary 26, 1980.
WlTNESS myhand and the official seal oft he Board of County Com-
missioners of Collier County, Florida, this 26th ~y of February, 1980.
IflLLIAM J. RP~GAN
Clerk o£ Courts and Clerk
E-officio to Board of
County C~issi~e~ , ~., , u
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This ordinance ~l~ed ~ith the Secretary o~ State's O~ff~ce the
4th ~nyoff Hatch, ~980 and ackno~lec.~ement off that ffiltng received
this ~th day o~ Hatch, 1980.BY, v~~ ~~-
011 03