Ordinance 88-026 ORDINANCE 88- 26
i;'-~-AH ORDINANCE TO REGULATE EXCAVATIONS WITHIN COLLIER COUNTY,
:~[.r.~_~RIDA; PROVIDING FOR FINDINGS AND THE PURPOSE OF THE ORDINANCE;
-];_~HIBITING EXCAVATIONS WITHOUT A PERMIT; PROVIDING DEFINITIONS;
Pk~VIDING m~m~TIONS; PROVIDING fOR ISSUANCE OF PERMITS; PROVIDING
CENE~Z REqUImmZNTS FOR ISSUANCE or PEm~ITS; P~OVIDING
KENTS FOR CONSTRUCTION OF EXCAVATIONS; PROVIDING INSPECTION AND
REPORTING REQUIREMENTS; PROVIDING FOR FEES; PROVIDING FOR
PERFORMANCE GUARANTEE REQUIREMENTS
PROVIDING FOR LIBERAL CONSTRUCTION OF THE ORDINANCE; PROVIDING FOR
IMI~L~MENTATION OF THE ORDINANCE; PROVIDING FOR PENALTIES AND
ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE EFFECT
OF THE ORDINANCE ON PREVIOUSLY ISSUED PERMITS A~'D EXISTING
EXCAVATIONS; PROVIDING FOR COMPLIANCE WITR 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 COUNT~, FLORIDA
THAT:
SECTION i: FINDINGS.
The Board of County Commissioners hereby f/ads 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 tbs 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 certa/a 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 ~ha excavation activity on public health, safety and welfare of tbs citizens of this
County.
SECTION 3: UNLAVFUL.
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
,h.r.for...xc.pt a. provid.d h.rein. 152.
PAGE I of 19
SECTION &: 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.
D. "Director" shall meau 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 professibnals 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: EXEHPTIONS.
The following activities,
to the extent specified herein, are exempt from the
requirements of this Ord!-~-ce, provided that no excavated material is removed off-site,
but ar~ 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
depth configUration approved by the Board,
underground utility which is to be backfilled.
previously excavated, slope and
or with the installation of an
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 mature 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 prvperty for aesthetic purpcsee that does not create
a body of water or affect existin~ 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 bean approved by the Collier County or State Department
of Transportation.
153'
PAGE 2 of 19
SECTION 6:
Farm animal waterin$ ponds or excavations located on single-family lots/tracts
where the net property size ts 5 acres or less ara exempt from the permitting
procedures contained in this Ord/nance, 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 fee= in depth;
No excavated ~aterial is removed from the property.
ISSUANCE OF PEP. HITS.
The permits required by this Ordinance shall be issued by the Director in
accordance with the procedures aec forth he,sin and shall co~a under either of
the following catetories:
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, ~here more than one excavation is
proposed for tl.e sa~e piece of property or properties under common
o~mership and the combined disturbed surface area exceeds 2 ~cres, the
permits shall not be issued as a PRIVATE EXCAVATION.
2. CO~Q~RCIAL EXCAVATIONS - Considered to be any excavation wherein the
excavated material is removed from the subject property, for whatever
purpose, or where the disturbed area of the excavation exceeds 2 acres.
3. DEVELOPHERT EXCAVATIONS - Considered to be any excavation located within
the boundaries of a Planned Unit Development or Subdivision Development
provided that:
a. The excavations were clearly defined and detailed as to location,
size, shape, depth and s%de slopes during the developmentts review
process before the Advisory Board and approved by the Board after
appropriate public hearings.
b. Unless other~ise approved by the Board, no excavated material in
excess of 10I (to a maxim= of 20,000 cubic yards) of the total
volu~e excavated shall be removed from the development. Intentions
to remove material must be cleflrly 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 DEVELOP~ EXCAVATIOR Per. its: 'r~e Director may
administratively approve and issue PRIVATE and DEVELOPMENT EXCAVATIOR Permits
where all of the applicable standards of this Ordinance have bean met. When,
in hie opinion, the standards have not been met, the application shall be
submitted to the Advisory Board with ultimate approval or denial required of
the Board. A monthly report shall be made to the Advisory Board of all permits
issued directly by the Director.
C. Issuance of COMMERCIAL EXCAVATION Permits: Applications for COMMERCIAL
EXCAVATION Permits must be reviewed by the Director and by tbs Advisory Board
and approved by the Board.
D. Upon Director or Board approval, the Applicant will, within 60 days of ~xitten
notification from the Director, pay the required permit fee, and post, if
required, the appropriate performance Euarantee. In addition, the Applicant
shall provide ~itten proof of payment o£ road impact fees in accordance with
Section 7.A.?.,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 rsapplication and review in accordance with all requirements in effect
at the time of reapplica~ion, 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. AIl 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.
3. A monthly report shall be made to the Advisory Board of all extensions of
the permit issuance times authorized by the Director.
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 tbs request, a permit
extension will be issued.
155
PAGE & of 19
2. CO~(ERCIAL and DEVELOPH~NT EXCAVATION permits will be of indefinite
duration or until the excavation reaches the limits of the pe~itted size,
provided the excavatin~ ope~ation re. ins active ~ accordance with the
~equi~e~nts of this Ordinance.
GE~ ~QUI~NTS FOR ISSUANCE OF EXCAVATION PE~ITS.
Unless othe~ae directed, 8 copies of all required application dot.ants shall
be sub.tied to the Director on a fo~ to be supplied by Collier County.
Applications to be reviewed by the Advisory Board shall be submitted to the
Oitecto~ 30 days in advance of :hair meeting date. ~e application shall
i~cluda, but not be l~ted to, the following info~tion:
1. ~l ~a~, address and telephone n~ber of the Applicant or his age:ut~ and,
if ho~, the excavator.
2. Proof of o~etship, legal description and location of the property
~volved. A small location ~p, dra~ on 8t"xll" papa~, shall accompany
the application, clearly showing the location off the proposed
excavation(s) ~ relatioh to colony teco~ized laoae-:~.
3. A si~ed stat~ent by the Applicant o~ his agent ~hich includes:
a. A statement that he has read this Ordinance and agrees to conduct the
excavation ~ acco~d~ce with this Ordi~nca ~d other Cowry ~d
State codes and laws, ~cludin~ but not necessarily l~ited to
Blast~ Ordinance No. 88-12, Tree Re~v~ Ord~nce No. 75-21,
Special Treatment Enviro~ental Ordinance No. 76-63, ~ad Impact Fas
Ordinance No. 85-55 and any ~e~dmants ~d successor ordinances to
those ordi~cea.
b. A statement of purpose o~ excavation and intended use o[ the
excavated~tetial.
~xhibita prepared and sealed by the project's su~eyor/engi~et shag:
a. ~ boundaries o[ the property.
b. ixiatint grades on the property.
c. The level of the mean a~ual hith and low wa~er table.
d. The grades which will exist follo~ the completion of the
e. ~e vol~e of the excavation.
SECTION 7:
PAGE 5 of 19
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Easements, existing utilities, roads and setbacks, and zoning.
Drainage and flow ways.
Aerial limits of any special site vegetation such aa mangrove,
cypress or ocher wetland species.
LoSs 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 ~aximum depths and
appropriate side slope configurations. The depth of the soil auger
borings shall extend to a point at least I 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 1at 10 acres plus
one for each additional ten acres or fractional part thereof.
A list of the names and addr&ssas, obtained from the latest official tax
rolls, of all owners or owner associations of property within 1/t mile of
the excavation or on-site vehicle access route or within 300 fast of the
property lines of the property on which the excavation ia to be performed,
whichever is less. The Applicant shall also furnish the Director with
said owners' names and addresses on prsaddressed 4"x9½" envelopes with
first class postage ready for mailing.
Water lianagement Plan detailing methods for the conservation of existing
on-sits and off-site surface drainage systems and groundwater resources.
Copies of an appropriate Surface Water Hanagement Permit and/or Water Uss
Perm/t (Dewatering) as required and issued by the South Florida Water
Management District shall be provided to the Director prior to commencing
the excavation operation.
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.
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PAGE 6 of 19
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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
nacessary prior to the start of tbs project and which are necessary
durin~ 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 tbs security, if applicable, to be provided by
the Applicant to assure completion of tbs identified road work. Any
and all security and/or performance guarantee required in excess of
$100,000 as sec forth in the road impact analysis shall be secured or
guaranteed in accordance with Section 11 of this Ordinance.
Should there not be concurrence by the County Engineer and the Applicant
of the improvements, maintenance, performance guarantee, and/or other
requirements on the part of both parties based on the road impact
analysis, the pac, it application along with applicable info~mation shall
be subject to review and reco-~endation by the Advisory Board followed by
review and action by the Board.
Should blasting be necessary
blasting shall ba dona under
in conjunction with the excavationt all
an approved Collie~ County User/Blaster
Permit with no overburden removed prior co blasting from the area plan~ed
fo~ excavation unless otherwise approved by the County Engineer. Said
permits shall be obtained from the Collier County Engineering Department.
Should approval for blasting hoc ba granted co the Applicant, the
Applicant shall remain =esponsible to meet any and all requirements of an
approved Excavation Permit unless the subject Excavation Permit is
modified in accordance vith chis Ordinance.
If trees are to be removed as a result of the excavating operation, a Tree
Removal Permit shall be obtained from the Collier County Natural Resource
Management Department before work shall commence.
158
PACE ? of 19
If the application is made by any person or firm other than the owner of the
property involved, a written and notarized approval from the property owner
shall be svbmittad prior to processin$ of the application.
The Director shall give prior written notice of the Advisory Board meetin$, by
first class mail, as noted in Section ?.A.5, to all adjacent property owners
as determined by reference to the latest official tax rolls.
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 no: interfere with the natural function of any
sanitary, storm or drainage system, or natural flovage way~ whether public
or privats, so as to create flooding or public health hazards or
Jeopoxdizs'the natural resources and environment of Collier County.
Dust or noise generated by the excavation will not cause a violation of
any applicable Zonin8 Ordinance. Rock crushing operations or material
stockpiles that will ba adjacent to any existing residen:ial area may
require separate County approval.
3. The excava:ion will not adversely affect Sroundwater levela~ water quality
or surface wa:er flovvays. The Director may require the Applicant to
monitor the quality of the vatar in the excavation and adjacent ground and
surface watsra. Under no circumstances shall tbs excavation be conducted
in such a manner as to violate Collier County or applicable Stats 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 regula:ions adopted pursuant thereto, nor does it conflict with
existing Zoning Regulations. The Applicant shall provide written
statements to this effect from the Planning and Zoning Department
Directors prior to the issuance of the permit. Spatial criteria and
approval procedures may be necessary for projects within the Big Cypress
Area of Critical State Concern.
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PAGE 8 of 19
SECTION 8: REQUIP. EMENTS FOR T~E CONSTRUCTION OF EXCAVATIONS.
A, Setbacks--Exc&vations shell be located so that the top-of-bank of the
excavation shall adhere to tha 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 fast 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 i00 feet
from the residentially zoned property.
Exceptions to the above-referenced setbacks may be developed and shall be
subject to final approval by the County Eiginesr. Said exceptions shall be
based upon recognized standards for traffic engineering and road design
(AASHTO) end shall incorporate such factors as road alignment, travel speed,
bank slope, road cross-section, and need for barris~s. The County Engineer
may provide standard curve tables su~rizing the effect of these factors for
determination of appropriate lake setback and required barrier devices, if
deemed appropriate.
B. Side Slopes--The finished side slopes of the ~xcavated area, expressed as the
ratio of the horizontal distance in feet to 1 foot of vertical drop, shall be
as follows:
1. PRIVATE or DEVELOPM~I~T EXCAVATIONS:
A i.0:l slope shall bs graded from the top-of-hank 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. CO~HERCIAL EXCAVATIONS:
A 3.0:1 slope ~hall 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:
All governing aide slopes shall be considered from the top-of-bank
of the resulting excavation, whether said top-of-bank ia at the
surface of adlecent fill material or at existing ground level.
PAGE 9 of 19
Ce
If rock, homogenous to the bottom of the excavation, is encountered
at any elevation above the "break-point", than the remaining slope
bslov the "break-point" shall be no stsapsr than 0.5:1. If said
homogenous rock is encountered below the "break-point", than the
slops below the "break-point" shall be no steeper than 2.0:1 to the
rock elevation, and no steeper than 0.$: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 CO~[ERCLAL 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 8.B.i., 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.
Depths--Unless site conditions, water quality or soil information indicates
otherwise, the excavation depths as measured from the resulting average
top-of-bauk shall be as follows:
1. Maximum: PRIVATZ and DEVELOPMENT EXCAVATIONS shall not exceed 12 feet in
depth unless computations using tbs "fetch formula" of maximum depth - $
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" ia the average length parallel to the long axis of the
excavation and "B" is the average width of the excavation aa measured at
right angles to the long axis.
COMHERCIAL 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
Over Excavati¢~ ~n those instances where the excavator over-excavates
depth of the excavation by more than an ay.rase of
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 excavations If, upon review of
the assessment statement by the Director and Advisory Board, the increased
depth is found to be unacceptable, the ?er~ittea shall be required to £ill
the excavation to the pe~mitted depth with materials and methods approved
by the Direc~or. If the increased depth is deemed acceptable by the
Director and approved by tho Advisory Board, a penalty viii be assessed
asainst the Permittee for the volume of the over-exca-~ated material. The
penalty shall ba at the rate of 50¢ for each additional cubic yard of
excavated material.
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 I foot high fence with "~o Trespassing" signs as deemed appropriate by the
Director to deter passage of persons.
~ovrs of Operation--~ours 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 dewar,ring pumps, which ara within i000 feet of developed residential
property, shall be limited to operating hours between 7:00 A.H. and 8:00 P.H.,
Honday 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.
Restoration--Upon completion o[ the excavation operation, the subject property
shall be restored as required by the 1986 Stats of Florida Resource
Extraction Reclamation Act (Chapter 378, Part IV, Florida Statutes).
Recl~-tion shall mean the reasonable rehabilitation of the total disturbed
area where the resource extraction has occurred, and shall meat aba 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 Il of 19
the entire perimeter of the excavation, shall ba sodded or fertilized and
seeded with a "quick-catch" seed variety approved by the Director within 60
days cf 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 w~itten request is made
by the Permittee with sufficient Justification for a time extension in which
case tbs 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 tbs Permittee in w~iting
by Certified Letter. The Permittee shall, within 15 days of receipt of
PAGE 12 of 19
Be
such notice, heys either the violation corrected or subm.t.t in w~itins why
such correction cannot ba accomplished withiu the 15 day per/od. Such
w~itten communication shell also state when the violation is to be
corrected. If, in ~ha opinion of ~he Director, ~ha delay in co~ec~in~
~he violation is excessive, he ~y rec~end ~o ~he Board ~ha~
Excavation Pe~iC be ~porarily suspended or pe~nen~ly revoked. Upon
correction of the viola~ion, ~he Pe~C~ee ~y be ~aquirad by the Director
~o have an appropriate report, le~e~ and/or survey, whichever is
applicable, prepared, sealed and submitted ~o ~he Collie~ County by ~he
project's eng~ee~/su~eyor. Failure ~o do so shall be cause for revokes
~he pe~c.
~por~ing:
1. ~e Pe~cee shall provide ~he Director ~ch an excavation activities
s~a~us zepoz~ as follows:
a. PEIVATE EXCAVATIONS: A Final Status Repo~c wi~h~ 30 days af~e~ the
final comple~ion of ~he excavation.
b. DE~OP~NT and CO~RCI~ EXCAVATIONS: An ~nual Status
eva~ 12 months over ~ba duration of the pe~i~ and a Final SCa~us
Eepor~ within 30 days af~e~ ~he iinal c~ple~ion of each phase of
excavation. If a Final S~a~us Eapo~ ~11 be filed wi~h~ 4 ~n~hs
of ~he required A~ual S~a~ua Report, ~ben ~he need for ~he p~eced~g
~nual S~a~us Repo~ will be waived.
2. The Fill or ~nual S~a~us Repor~ shall consis~ of no less ~h~
following iufo~ion, and such o~he~ i~o~a~ion as ~y be deemed
necessary by ~he Director, ~o accurately de~e~ina ~he s~acus of
excavation, i~s c~pliance wl~h ~his Ordi~nce and ~ha Special
Coudi~ions of the Excavation Pe~i~:
a. A sealed ~opogzaphic 8u~ey p~epazed by ~he p~oJecC'8 au~eyor/
engineer, containing ~he
(1) A base line along ~he ~op of ~he per~e~az of ~he excavation,
clea~ly ~e~erenced ~o kno~ points and adJacen~ p~ope~y
~zacc lines, i~ app~opr~c, wi~h ri~h~ angle cEoas-aec~ions
Oaken which clea~ly show the "aa-buil~" side slope ~d depth
PAGE 13 of 19
the excavation at each station. Onless otherwise approved by the
Director, cross-sections shall be taken every 100 iasc on
excavations less than $ acres, and every 300 feet on excavations
over 5 acres. Partial cross-sections showing the "as-built" aide
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 "aa-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, tbs
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 varified 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 thaC
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 sits + cubic
yards remaining on site in stockpiles = total cubic yards
excavated during reportin~ period.
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PAGE 14 of 19
b. A certification fro~ the project's surveyor/engineer stating that
they have visually fnspacted all dikes around any dewatsrfng storaga
areas, if any, and have alerted the Per~ittee of any apparent vaak
spots or failures which shall be promptly corrected by th~ Permittea
to assure that there ~111 be no potential for dike rupture that would
cause off-site flooding.
c. A certification from aha proJact's survayor/enginaer 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 Pemit.
d. If the excavation is incomplete, a written statement by the Permittse
stating the anticipated date of final completion of the excavation.
3. No Building Construction Permits will be issued for any proposed
construction around the perfmeter of any excavation where the
clearance between the excavation top-of-bank and the proposed building
foundation ia less than 30 feet, unless and until all aide elopes adjacent
to the proposed construction have been completed and approved by
Director. Exceptions to this requirement will be mada in those instances
where the pezi~eter of the excavation will ba bulkheaded in accordanca
with the provisions of Section 8.B.3.d.
FEES .
Application Faa--A nonrefundable and nontransferable application fas shall bt
paid at the time of application in the amount of $ 75.00 for PRIVATE
EXCAVATION permits and $I$0.00 for COM}iERCIAL or DEVELOPHENT 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.
Permit Fas--Within 60 days after approval notification and prior to its
issuance, an additional nonrefundable and nontransferable paml~ fas
partially cover the cost of excavation monitoring not to exceed $3,000.00 shall
ba paid in the mnount as herein aho~m:
1. 0 - 2,000 cubic yards of excavated material .............. $
2. Each additional 1,000 cubic yards of excavated material .. $
SECTION 10:
PAGE 15 of 19
C. Road Impact Fee:~If excavated u~uterial is to be removed from the subject
property, appropriate road impact fees in accordance ~rith 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 $5-$5. 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 mitten request for the extension of permit issuance
time shall be accompanied by a nonrefundabl~ time cxtension fee in the amount
of $50.00 to partially cover the costs of p~ocessing the request and the
Directo~ shall not consider the request received until this extension fee is
"paid in full".
E. Reapplication ~ee~If a PRIVATE EXCAVATIO~ is not completed within a 12 month
period, a second application and a nonrefundable $75.00 reap~ltcation 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 nonrafundabla 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 DEVELOPHENT EXCAVATION permit, but prior to
the issuance thereof, :he Applicant shall, after notification that the permit
has been approved, execute an agreement that ha will comply with the provisions
of this Ordinance and the permit. Covernmental entities shall be exempt from
this requirement. This agreement shall be guaranteed by one of the following
~wo 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.
~OOK
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 regietere'd Surety Company
having a Beat'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 suarantee posted for on-site excavation
activities shall be in an amount of no less than $i0,000.00 nor more than
$100,000.00 computed at the rate of 20¢ per cubic yard to be excavated
ensure compliance with the provisions of this Ordinance but such
performance guarantee shall not act to limit any suarantees required
off-site road impacts that may be necessary in accordance with Section
7.A.? of this Ordinance.
B. Tbs 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
the property shall not be transferred until the performance guarantee is
released by the Director.
C. Ail performance guarantees shall be kept in continuous effect and shall not be
allowed to terminate without the ~itten consen= of the Director.
D. Should the County find it necessary to utilize the performance guarantee
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 Psrmittee 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.
Ail actions of the Director or County Engineer can be appealed to the Board. Any
Applicant who is aggrieved by the action of the Board ~alativs 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 w~it 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 time limit shall operate as a bar to and waiver of any claim for relief.
O
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 KEGULATIONS.
The Board may enact reasonable rules and tabulations 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 aa 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, enloin 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 o£ 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 efface
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
shall be deemed independent
the Board that each separate provision of
of all other provisions herein, and it
this Ordinance
is further the
declared to be
intention of the Board that if any provisions of this Ordinance ba
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 continua to be subject to the provisions of that
Ordinance amd Section 9 of this Ordinance.
030 , , 169
PAGE 18 of 19
SECTION 18: COMPLIANCE WITH STATE AND FEDERAL PERMITS.
The issuance of a permit in accordance ~ith the provisions of this Ordinance is not
intended to preclude the right or authority of any other Federal or State agency from
requiring separate par=its in accordance with rules and regulations of that agency. In a
casa where multiple permits are required, the most stringent stipulations and require-
manta 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 excava~ions ara hereby repealed.
SECTION 20: EFFECTIVE DATE.
This 0rdinanca shall become effective upon receipt of acknowledgement from the
Secretary of State that the Ordinance has bean duly filed.
PASSED A~D DULY ADOPTED BY the Iioard of County Commissioners of Collier Court:y,
Florida this 1st day of
.~ ~,'. ...... ~.. ,'~
~T~...ST :/ . ·
%'~' i'Y'.'C"
APPROVED AS TO FORH A~D
Ii. CUYLER, COUNTY ATTORNEY
March , 1988.
BOARD OF COIfNTY COMlilSSIONERS
COLLIER C0~, FLORIDA
AI~OLD LEE GLASS, CIiAIRItAN
This ordinance filed with the
.~retary of State's Office tim
and acknowledgement of that
fl!L,~ ~ceL, ed ~7~M_
PAGE 19 of 19
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 88-26
which was adopted by the Board of County Commissioners on the
1st day of March, 1988, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 4th
day of March, 1988,
JAMES C. GILES ·
Clerk of Courts and Cl~[~-~.,..f-. ...,
Ex-officio to Board of'- ..... ;.~,,~.
County ,Gammissioners
. ...?
By: Virginia Magri .:-~,,' ......... ,'.' ..~
Deputy Clerk
171