Ordinance 73-12( (
8rCR£TARY O/r BTATI~
STATE: OF f/Cl~llOA
TH[ CAPITOL
July 27, 1973
Mr. Ben D. Driver, Fiscal Officer
Board of County Commissioners
Collier County Courthouse
Naples, Florida 33940
Dear Mr. Driver:
Pursuant to tho provisions of Section 125,66, Florida Statutes,
this will acknowledge your letter of July 25, the originals and official
copies of Collier County Ordinances Nos. 73-11, 73-12, and 73-13,
which were filed tn this office on July 27, 1973.
The original copies showing the filing date are being returned
for your records.
Kindest regards.
Cordially,
RICHARD (DICK) STO1V~ '
-Secretary of State ·
(Mrs.) Nancy Kavanaugh
Chief, Bureau of Laws
NK/eh
Enclosures
BOOK 1 PAGE 233-A
ORDINANCE NO. 73-12
AN ORDINANCE TO REGULATE EXCAVATIONS OTHER THAN
COMMERCIAL ROCK PITS, COMMERCIAL QUARRIES AND
AREAS ADJACENT TO WATERWAYS BEING PREPARED FOR
THE INSTALLATION OF SEAWALL AND OTHER RELATED
TYPE OF WATERFRONT STRUCTURES ADJACENT TO NAVI-
GABLE WATERWAYS, WITHIN COLLIER COUNTY BY
ESTABLISHING THE SLOPE OF BANKS, A MINIMUM DEPTH;
WARNING SIGN, FENCING, APPLICATION, BONDING AND
PERMIT REQUIREMENTS: RESTORATION OF ROADS DAMAGED,
RETENTION OF LANDSCAPING SOIL, PROVIDING EXCEPTIONS,.
PUBLIC HEARINGS, ENFORCEMENT AND PENALTY PROVISIONS.
nfl
WHEREAS, excavations have the capacity to create hazards, to the
safety of people and property; create noise, dust and visual pollution
a~ nuisances, and thereby detrimentally affect the safety, property
values, peace, tranquility and enjoyment of the citizens, residents and
visitors of and to Collier County and the State of Florida;
THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNIY, FLORIDA, THAT THE CODE OF COLLIER COUNTY BE AMENDED TO
READ AS FOLLOWS:
SECTION ONE:
1. Purposet Unlawful. This Chapter is enacted to control the location
and use of pits, artificial lakes, excavation, in the interest of the
public health, safety and welfare of the citizens and inhabitants of
Collier County. Zt shall be unlawful for any person, association, corp-
oration, or institution to cause, or attempt to cause, or to permit to
exist a pit, excavation or artificial lake upon property he owns,,~as an
interest in, or over which he has control or the right of control without
compliance with the provisions of this Chapter.
2. General Requirements for Ptts~ Artificial Lakes and Excavations.
a. 'The side slope of excavated areas shall be no greater than
one (1) foot vertical drop for each four (4) feet of horizontal distance
measured from the top of excavation line into a minimum depth of five (5)
feet of water at low water elevation. This sloping shall be done as the
excavation progresses.
b. If the excavation is to be a part of the County drainage system,
the Board of County Commissioners shall determine the depth of the excavation
to fit the drainage system flow.
c. Operation of the excavation and related activities including
earth moving shall be prohibited on Sunday and between the hours of six
o'clock (6:00) P.M. and eight o'clock (8:00) A.M. Monday through Saturday.
Machine and blasting operations shall be further regulated by the Collier
County Noise and Blasting Ordinances.
d. If the excavation exceeds two (2) feet of water depth; and the
area is, or becomes developed to the extent that the Collier County Board
of Zoning Appeals finds the conditions constitute a hazard, the excavations
shall be enclosed permanently with a security fence a minimum five (5)
feet high {not barbed wire) designed to defer passage of persons.
e. The applicant shall post an acceptable warranty and cash,
or surety performance bond payable to the Board of County Commissioners
in the amount of not less than five hundred dollars ($500.00), nor
more than twenty-five thousand dollars ($25,000.00), computed at the rate
of fifty cents (50~) per cubic yard to be excavated, to insure compltancee
with the provisions of this Ordinance. The bond 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 legal or equitable
interest in the land, other than lessees, and shall remain in effect until the
excavation is completed in accordance with this Chapter. Title to the land
shall not be transferred until the bond is released.
f. Upon completion of the excavation, or if the operation is dis-
continued for a pertodof three (3) weeks, except where strikes, or acts of
God cause temporary discontinuance of operations the excavation shall be
conformed with this Chapter and a survey and certified drawing by a
surveyor or engineer registered in the State of Florida shall be provided
the County Engineer, attesting to such conformance. This drawing shall
contain at least the following information: A base line around the top
of the perimeter of the excavation clearly referenced to a known point(s)
with right angle cross sections taken at twenty-five (25) foot station which
clearly show the slope; and, depth on cross section paper with a scale of
1" equal 10 feet vertically and horizontally.
3. ~pectal Req.piKements' for Pits~ Artificial Lakes and Excavations.
(al Pits, artificial lakes, excavations and similar uses of land where
earth or mineral deposits are removed from the site shall have an excavation
permit issued prior to any excavation.
(b) Permits for excavations may be approved by the Board of County
Commissioners if the following requirements are met:
1. The Board determines that the proposed excavation shall not
conflict with sanitary, storm or drain systems, or natural flowage ways,
either public or private, or with other regulations.
2. 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 setback lines:
ia) 250 feet from the pavement of any Federal or State
numbered htghway~
{b) 200 feet from the pavement of any other public street,
road or htghway~ and
(c) 50 feet from side, rear or abutting property ltnes~
{d) In agricultural or industrial zoned districts abutting
a residential zoned district, lO0 feet from the property line.
3. Permits shall be issued only after compliance with this Chapter
and a certified topographical survey prepared by a registered Engineer or
Surveyor showing existing grades, grades that will exist after excavation, and
property lines is furnished to the County Engineer. The application letter
shall include:
(al The name, address and telephone number of the contractor, developer
and owner of the land involved.
(b) A legal description and location of the property involved~
(c) A signed statement by the contractor, developer and land owner that
"he has read this Chapter and agrees to conduct the excavation in accordance
with this Chapter and all County and State Codes and Laws."
4. There shall be four (4) copies of the topographical survey which
shall include a table or index indicating the normal maximum and minimum level
of the water table.
5. The Board of County Commissioners shall establish the grades
in the setback area in a manner which will provide for proper protection to
adjacent or nearby property and public roads.
{c) Excavation permits shall be applied for at the office of the
County Engineer who shall issue the permit after approval by the Board of
County Commissioners. The fee for such permits shall be no less than fifteen
dollars ($15.00} for the first 2,000 cubic yards of excavated material and
shall be two dollars and fifty cents {$2.50) for each additional 1,O00 cubic
yards of excavated material or part thereof.
{d) Sufficient muck, marl, or other suitable material shall be retained
on the premises of the excavation to landscape the area disturbed.
(el All public roads in the vicinity of the project and used in
connection with the project shall be rep)ired and restored to County standards
when the County Engineer deems they have been deteriorated beyond normal wear
and tear due to the project.
4. Exceptions from Pit~ Artificial Lake and Excavation Requirements.
The following are exempt from the requirements of this Chapter:
{al Installation of utilities, if a valid utility use permit has been
issued.
(b} Foundations of any building or structure, providing excavation or
fill will be confined to the area of the structure only, if a valid building
permit has been issued by the Building Department.
{c) Drainage ditches, canals and bulkheads where location and size have
been authorized and approved by the Board of County Commissioners, if excavated
material is not removed from the tract of land.
(d) Excavations relating to the accessory use of land and designed to
be filled upon completion, such as graves, septic tanks, etc.
(el Swin~ning pools in connection with residences when a permit has been
issued.
(fl Excavating, grading, filling and moving of earth in conjunction with
the platting of a subdivision when excavated materials are not removed from the
boundaries of the subdivision and the plan for revised topography has been
previously approved by the Board of County Commissioners or the County Engineer.
(g) Any other use where the excavated matertal ts not removed from the
boundaries of the tract where the excavation ts taktng place, when approved by
the Board of County Commissioners.
ih) Rock quarrying operations being conducted on a contt~uous and commer-
cial basts.
it) Agricultural drainage and irrigation work by or for a person or persons
whose principle occupation ts fatmtng.
5. Public Hearings authorized.
The Board of County Commissioners may hold a publtc hearing on any matter
subject to the requirements of this Chapter tf the Board ts of the opinion
that the public interest shall be best served.
6. Ltberal construction.
The provisions of this Chapter shall be liberally construed to effectively
carry out its purposes in the Interests of public health, safety and welfare
and convenience of the cittzens and residents of Collier County and of the
State of Florida.
7. .Implementation of Chapter; Rules and Regulations.
The Board of County Commissioners may enact reasonable rules and regulations
to implement and carry out the provisions of this Chapter.
SECTION TWO:
Penalties and Enforcement. Any person, firm or corporation who violates
any section of this Chapter shall be prosecuted and punished as provided by
Section 125.6g of the Florida Statutes. The Board of County Commissioners,
the CountyEngtneer, or any aggrieved or interested person may bring suit to
restrain, enjoin or otherwise prevent the violation of this Chapter in the
Circuit Court of Collier County.
The County Manager is vested with the authority to administer and enforce
the provisions of this Chapter and is authorized and directed to take any
action to insure compliance with, or prevent violation of the provisions of
this Chapter, ~nd he shall have authority to issue administrative stay orders.
SECTION THREE:
Severability. It is the intention of the County Commission 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 Commission
that if any provisions of this Ordinance be declared to be invalid, all other
provisions thereof shall remain valid and enforceable,
SECTION FOUR:
This O~dinance shall take effect upon its passage and as provided
by law.
PASSED..A..ND,.~LY ADOPTED by the Board of County Commissioners of
Collier CquQ~.Y.*~.~]..~.J~ ',. thts 17th day of ,Tulv , 1973.
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Approved as to fom and legality
'David Em6r~'on Brunet
Col lter County Attorney
BOOK