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Ordinance 85-14ORDINANCE NO. 85 - 14 AN' ORDINANCE LL'LATIt~G TO ~!E T~!SPORT OF BUILDINGS OVER OR ACROSS ROADVAYS IN THE ' ~I~CORPORAT~O ~EA OF COLLIER COUP, O[ OV~ O~ ACROSS ~OA~A~S ~I~AIN~ ~Y COLLIER CO~ ST~A~ BUILDI~O ~S~RT ~E~IT OR SPECI~ BUI~I~O ~SPORT ~E~I~I PROVIDING CRITERIA ~R A ST~A~ BUILDING T~SPOR~ BUILDING T~SPORT P~ITI PROVIDING PE~I~ APPLICATION REQUIR~E~S ~D CO~ITIO~S~ PROVIDING FOR PE~IT A?PLICATIO~ REVI~ ~ " SE~I~G FOR~ APPel PR~EOUR~S; ?ROVIDI~G FOR ~g OBLIGATION OF A ~UILDING MOVER TO ~ILITIES ~ O~ERS WI~ FACILITIES ~ONG ~E RO~E[ PROVIDING ~R T~FFIC CONTROL~ PROVIDING ~R THE '. .,~ ~V~E~ OF BUILDINGS AT NIG~ PROVIDING REQUIR~S~ PROVIDING INS~CE REQUIR~E~S; PROVIDING ~R PE~IT FEESI PROVIDING FOR P~ALTIESI PROVIDING FOR CON~I~ SEVE~BILI~I PROVIDING ~ EFFECTIVE DATE I~tERF~S, it ts necessary to safeguard the public fro~ the movement of buildInBs over an'! across roadways or htRhwaya within Collier County~ and ~tltERF~S, road riRht-of-waya contain facilities ~bich require protection from damage durinB the transport of s butldtn~ fro~ one site to another~ and I~llEREAS, the transport of a butldtnR has s detrimental effect on the ~ovsment of vehicular trafficl and WUEREAS, tt ts necessary to protect the structural tnteRrtty of road right-of-ways, NO~, T~EREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY CO~ISSIONERS OF COLLIER COUNTY, ~.ORIDA that~ SECTION ONE: l~WEh~ AND PURPOSE. A. This Ordinance ia intended to protec: the public against hazards result- tn8 from the movement of buildings over and across roadways tn the unincorporated area of Collier County or over and across roadways ~aintained by Collier County but which lie within municipal boundaries tn Collier County and to protect the structural and physical Integrity of private and public facilities and materials alon8 such roadways. It ts to be liberally construed to produce that result. SECTION TI~ DEFINITIONS. A. ~uildin8 shall mean a house or other structure with one (t) or more dimensions exceedtnl · total width of eight (8) feet ·nd · total length of forty (40) feet, or an2 structure with a total height of ten (lO) feet ot ~ore. Exceptions to the buildin$ definition include mobile homes for v~ich a State per. it has beam obtained amd v/th dimensions that do exceed coca! width of ten (10) feet, total lenlth of sixty-five (6~) feet, and a total hei&bt of tvelve (12~ feet. B. Count7 shall mean Collier County, a political subdivision of the State Florida. HfKhva?, 9freer or Roadve~ ahall be used synonymously and ahell mean s public vey for purposes of vehicular trefflc, In¢ludln$ the entire area within the rf~ht-of-~ey. O. ~over ~hall mean the person, fi~, partnership, corporation, ~over~ental authority or other entity responsible fnr the movement or transport of a buildin~ froe one sits to another. E. Ntsbt shall seen that period of tree vhtch bairns one (1) hour before sunset and ends one (l) hour after sunrise. Rt8~t-of-~ay shall ~ean a strip of land occupied or intended to occupied by a street, drtve~ay/access, crosswalk, railroad, electric transatssion line, oil or ~as pipeline, sto~ dratnaRe ray, ~ater sanitary or sto~ sever ~tn. sidewalk/bicycle path or for similar special use. SE~ION TIIR[E: BUILDING T~N~PORT PE~IT REQUIRED. A. It shall be unlawful for any person, firm. corporation. [overnmental alency, department or authority to transport a butldinl over or across roadways tn the unincorporated area of Collier County or over or across roadways ~tntatned by Collier County but ~hich lie eunicipal bound;ties tn Collier County ~lthout first obtaintni ft~ the Public ~orks Administrator/County Eniineer a Standard Butldtnl Transport Pe~it or a Special Buildtn8 Transport Pe~tt, as applicable. S~ION FOURs STA~A~ BUILDING T~SPORT PE~IT~ SIZE LIHITATION. A. ~e Public ~orks Administrator/County Ensineer is hereby authorized to issue a Standard Butldin~ Transport Permit, In confo~ance ~lth the provisions of this Ordtnance~ ~here the follo~in8 criteria are 1. ~e ~xi~e overall buildtnS vidth does not exceed thirty (30) (excludtnl eavel)l and -2- 2. The ~aximu= overall buildinl length does not exceed sixty-five (65) feet (excluding tractor and beana)l and 3. The eaxiau~ overall buildin[ hstih~ does not exceed eighteen (18) ~ECTION TI'~ ~?ECI^L BUILDIRC TItAN~POR~ A. The Public Works Adainistrator/County Engineer is hereby authorized to issue a Special Bulldin$ Transpor~ Per~tt, in conformance vith the provisions o! this Ordinance, where the bulldins to be transported seats any of the follovinl criteria~ 1. The building is wider than thirty (30) feets or 2. The building ia longer than sixty-five (65) festl or 5. The building is of a height greater than eighteen (18) feet; or A. The building ia a multi-story bulldinll or The building has not been completed and occupied, in one (1) lo- cation, for a period of one (1) year or ~ore; or 6. Any bulldin~ to be transported on a Saturday, Sunday, or Legal Holiday (Ne~ Years, He,oriel Day~ Independence Day, Veterans Thanksgiving and Chriataaa)l or 7. Any butldinR to be transported any day betveen 7~00 a.a. and 9:00 a,m. or between &lO0 ~.m. and 6:00 P.m.l or The building ts required to be permitted by Special Bulldini Trane- port Per etS in accordance ~tth any other Sec:ton o{ this Ordinance. B. The date and time that a building ia transported pursuant to e Special ~utlding Transport Permit shall he specified by the Florida Department Transportation, the Collier County Engineering 9epartment and affected lay enforcement agencies. C. The Public ~orks ^dmtntstrator/County Engineer shall at all times have the authority to require that a Special Building Transport Pereit be obtained by the mover ~here the Public ~orka ^dminietrator/¢ounty Engi- neer dae~e it necessary due to special circuaetancea or conditions vhich cause or may cause a danger to the haalth~ safety or yellers of the ~enarsl public. The Public Works Adainistrator/County Engineer shall further have the authority to require that the mover sake &11 reasonable efforts to athletes or sliainate a hazard or danger vhich ia deaeed to sxis~ or vhich ~ay sxiaC in tbs opinion of Cha Public Works Administrat- or/County Enitnssr. SECTION ill! PER,lIT APPLICATION REqUIR~qL~TS A~ CORgITION$. A. I pe~tt applica~ion vith gnat.orions shall b~ obtained of ~hs ~ubllc ~orks ldmtntstr~tor/Co,~ t~..~r. Th~ c~pl~d ~npli- cation ~sC includl, buc ii noc limited Co, the roll.in[ data and lnfo~tonl 1. Evid~ncs of c~plianca vi~h ~11iar County Buildin~ Codas, includ- a, approval of th~ buildinl ~o b~ nov~d In accordancs ~ith appli- cabl~ buildin[ cod~s. b. Approval of a buildin[ ps~i~ for th~ nsw location ~o vhich buildini in b~ins moved. 2. A sketch tndicitinl th~ rou~ to b~ roll.ed In su[ficitn~ detnil ~o confl~ road intersections, exi~ins u~tll~les, and horizon~al and v~rtical cl.aranc~ 3. Tha size, helRht, width, w~lsht nnd typ~ of buildin~ to transported. The equipment to be utilized tn trannporttnR thn buildtnR. ~e approxima~e time of day or niRh~ the butldinl is ~o be transported. 6.The approximate ~ime necessary for transpor~lni the buildinR. 7.Proof o[ compliance vlth ~he bond requirements Section Eleven of this Ordinance. 8. Any info~a~ion or data required by ~he Public ~orks Administra- tor/County Engineer In order to fully reviev or evaluate any special circumstances vhtch may be involved In the transport of the appli- cant"s building. Upon comple~ion of the applics~ion, ~he applicant shall process the · pplic~cion chrouRh ~he follovin~ aSencies for no~lfica~ion and/or approvall 1. ~ Collier County Sheriff's Department and the Florida Patrol ~o assure rou~e control and implementation of -4- 2. The Collier County Public Services Division to assure no~ification of applicable firs and a~nbulanca isr~icsa, assure that satisfactory arransementa have been made relative to all &, florida Department of Transportation to assure clearance aa appli- cable to Stats Roads. Ocher agencies and/or property owners as applicable Co the route and building move. Exemplar City of Naples as applicable Co City roadvays, Condominium Associa~iona aa applicable Co private road- trator/County Engineer for reviev of the proposed route rich regard to ~r~ffic volu~es, ~id~h of p~ve~nt, possible dl~ ~o signal systems ~nd s~ructures, etc. a. Afisld revi~ o~ ~he rou~ ~y be requfred ~ ~he discretion of the Public ~orks Administrator/County Engineer. b. Th~ Hover sh~ll no~if~ ~he Public ~orks Administrator/County Enitneer's Offtc~ of ~ exac~ ~i~e of ~h~ scheduled ~ovs~n~ · ~ le~s~ t~en~y-four (2~) hours prior ~o movement tn order an inspection of ~he rou~ ~y be m~d~ b~for~ ~nd follovini bulldin~ move ~o d~er~lnp SE~IOS SEVEN: PE~IT APPLICATION REVI~ APPROVAL. DEI~Y OR ~E~IAL~ APPEl. ~n ~he pe~i~ application ~s been completed and all p~i~ r~quirs- m~n~s addressed, ch~ spplic~cion shall be submi~e~ ~o the offics of Public ~orks Ad~lnis~ra~or/Coun~ Engineer for fins1 r~vie~. ~ Public ~orks Adminis~ra~or/Coun~y Engineer or his designee, ~i~hin ~n (10) ~orking days ~heresf~r, shall 1. Approvs ~he applica~lonl or 2. Notify ~h~ appltcan~ In ~ri~ing of ~ reason(s) for dsl~y or · . If · dtl~y is n~ctsslry, ~h~ r,asons for ~ht dsl~y and ~ny applican~ ~owr in b. If ·ddition·l necessary infoteation i· not supplied b7 the applicant within thirty (30) days after being notified, the notification of delay shall conatttut· a ~otice of Denial. 3. ~/her· the Public i·=ua~c~ of · per~t, the applicant my appeal ~? filing a written Hotice of Appeal with the Board of County Co~unisstonsrs vithin tin (10) workins days after notification of denial. The applicant may then appear before the Co~isston and present facts supporting his position. Thereafter, the decision of the County Con~nission ·hell be final. $~CTIO~ ~GHTI OBLIGATIO~ OF NO¥£R TO UTIL~TI£S ~'rO OTHER FACILIT~£S. A. The cover shall be required to notify and coordinate with all utility companies ~htch have facilities st equipment affected by the bu£1ding move. The mover shall be required to make satisfactory arrangements with each o! the utility companies prior to obtaining s pet'ntt from the County. The mover shall be required to coordinate the building move with any railroad c~mpany havtna et-grade crossings on the proposed route by notifying the respective company and making satisfactory arrangements. Notice to, and approval by, c.~panies ~tth facilities on the proposed route shall be evidenced on the permit ~pplicatton. SECTIO~ NINE: TP.~FFIC CONTROl.. A. In all cases, the mover shall assume legal and financial responsibility for provtdtn~ adequate traffic control. Adequate traffic control for the novement of a building shall include, but shall not be limited to, the followtng~ 1. A minimum of one (i) escort vehicle tn front and one (1) escort vehicle directly behind the moving unit. The escort vehicles shall be properly marked as such and shall be equipped operation during the move, a rotating amber warning light clearly visible from all directions. 2. A minimum of three (3) novin~ personnel tn attendance at all tine· with any structure restricted from movie8 durin~ daytine hour· due to breakdown, accident, Un[Dresses delay or any other reason. One (1) warnin{ lisht v~ll b· placed for each fif~sen (15) feet of building perimeter vhile the structure is immobll·. 3. In order to allow traffic to pass, a movinl unit must pull ov·r as directed by lay enforcement escort or the Public Work· Adainie~/Ccun~7 En~ineer0 or h~e d--~-o~. 4, Any additional traffic control required by the Public Work· Administrator/County Es{laser, Florida Highway Patrol, the Collier County Sheriff's Department or the City of Naples Police Department. SECTION TENt NOVEHENT OF BUILDINGS AT NIGHT. A. Every buildinl beans moved which occupies any portion of public property at night shall be subject to the follo~in{ safety requirements{ !. A minimum of five ($) red l'ilh~s shall be placed on each s~ree~ side of the butldinl, Such lights shall be attached to the bulldin$ so as to indicate the width, height, and size of the building. Red lights shall nleo be employed in flalling traffic at night. 2. ~hen temporarily mtopped, flares shall be placed a~ reSular inter- vale of spproximatelv fifty (50) feet for s distance of two hundred (200) fes~ up the street on each side of the buildin2. 3. ~en more than fifty ()0) percent of the street, measured between curbs, is occupied at nlRht by the buildin{, or when in the opinion of a law enforcement official or the Public ~orke Administra- tor/County £ngineer or his destines, flagman are necessary to divert or caution traffic, the mover shall, at his expense, employ two (2) flagman, each positioned as directed or ae applicable to provide maximum safety. Such fla~men shall remain at these positions or on either end of the building diverting or cautioning traffic during night hours. SECTION ELEVEN: BOND. A, The Public ~orks Administrator/County Engineer, as a condition precadsn~ to the issuance of any per~tt, shall require any mover ~aking application for movement of · building to post either · cash or surety bond. The bond shall meet' wl~h ~he approval of the Public Works Administra- tor/County Engineer and, unless othar~ise required by ~he Public Works -7- Administrator/County Enginsar~ the amount of tbs bond posted shall bs minimum of $10.000,00, B. Th, bond shall inds~mify Collier County end private property ag&lest any damegt caussd by the novinl of such buildinI ovsr highvay, atret:~ ;~ l~t~ayc~ curbs, ~,'~!~e, t~d~ e~d srn~lnd shade trees, and any other property vhich may be al:coted by the movement of s building. Such a bond shall also be conditioned upon the mover's performance aa ~ollovs~ I. Strict compliance vith the terms of said permit~ lncludinl compliance vtth the route to be taken and limit of time in ~hich to effect the move. 2.To repair or compensate for repair. 3. To pay the Board of County Commissioners liquidated damages, in an amount not exceedtnR fifty ($50.00) dollars, to be prescribed by the Public ~orks Administrator/County Engineer for each and every day's delay in complettni the butldinR move in accordance vtth the permit. i. Repatrtn~ any damaRe to property or public improvement. 5. Cleartni the riiht-of-vay of all debris Renerated by the move. S~CTIO~ TVRLVE~ I~SURANCE. A. The }'ublic ~orks Administrator/County £n~lneer, aa condition precedent to the issuance of a permit, shall require evidence of insurance coverage to protect the parmittee and Collier County ae follovs~ 1. ~orkera' Compensation- aa required by Florida 2. General Liability (including Contractual Liability)- bodily injury, personal injury, $500,000.00 each occurrence and aggregate: property damage. $~00,000.00 each occurrence and aggregate. 3. Comprehensive Automobile Liability-bodily injury, $500.000.00 per occurrencel property damage, $~00,000.00 per occurrence. A Certificate o~ Insurance shall be provided to confirm that the above insurance covsrale rill be in effect at the time of the building move. Tl~e insurance coverage shall not be cancelled or changed ~ithout ten (10) days prior vrittsn notice to the Public ~orks Administrator/County Engineer. -8- The folIo~ing fees apply to epplicetions submitted after the effective date of Chis Ordinancs~ 1. A fee of $100.00 viii be charged for issuance of a Standard Building Tra=~p~rt Per~. 2, A fee of $1t0.00 viii be charged for issuance of · Special Building Transport Permit. 3. A fee of four (&) times (quadruple) the applicable permit fee rill be charged for issuance of any after-the-fact permit, in addition Co any damages applicable. Such after-the-fact permit shall not preclude any penalty provided for in Section Fourteen of chis Ordi- nance, A. Fees nay be vaivsd vhen ~overnmental bulld£nia are moved, provided the application for such move has been approved by the Public Works Administrator/County Engineer, or his deelRnee, in accordance rich the provieionl of chin Ordinance. SECTION FOURTEEN: PENALTY. A. Any perish, fi r~, partnership, corporation or ocher entity vho violates Cbs provisions of chis Ordinance, or fails co comply rich any requirement of chis Ordinance. shall he guilty cf · mtidemeanor and. upon conviction thereof, shall be fined or imprisoned, or both, as provided by lay, and in addition Ibell pay all costs and expenses incurred in the prosecution of such violation. Each violation and each day chat a violation continues shall constitute s separate offense. In addition, and aa an elcernacivs means of enforcement, Collier County may enforce the provtlione or requirements o£ chis Ordinance by means of any available civil remedy in a court of competent Jurisdiction. SECTION FIFTEEN: CONFLICT AND SEVERABIL~TY. A. X~ any section, lubeecCion, sentence, clause, phrase or portion of this Ordinance is, ~or any reason, held invalid or unconstitutional by any Court of competent Jurisdiction, such portion shall be deemed a separate, distinct, and independent provilion and such holding shall not a~fect the validity o~ the remainder hereo~. Zn the event Chil Ordinance conflicts rich any ocher appropriate lay, the more restrictive shall appl2. If any -9- m lin p&tt of this Ordinan-.e conflicts vith any other part, tt shall be aaa the remainder shall have full force end effect and shall be liberally construed to effect the purpose hereof. ~ll Or~inance s~all all t~, effect upon receip~ State that thtl Ordinance hal been filed rich the Secretary of State. PASS~ ~ O~Y ~OPT~ by the Board o~ County Co~lelio~erl of Collier 4'.~ICLIA~ J,' R~_, Clerk "~: ; ' ' "" · '..// /_.,; .' ~.~rove~ ~m tO.~orm and legal Kenneth B. Cuyler Anni~tant County Attorney STATE OF FLORIDA ) COUNTY OF COLLIER ) BOARD OF COUI~I'Y COH~ISSIONERS COLLIER COUNTY, FLORIDA £reder~k J. Voee~ Chatrnsn TAI~ omqe<~ce filed with l~e S~creto~y al Stote'l OIIIc~ ~ ~ ~l~nt of t~t~ ttll~ r~el~ this !~ ~y/ of ' ~ ' I, WILI. I~N j. REACA:I. Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foreRning ia a true original of: ORDINANCE NO. 85-14 which was adopted by the Board of County CommLesioners during Regular Session the lgth day of March, 1985. VITNESS my hand and the official seal of the Board of County of Collier County, Florida, thte 25th day of ~arch, 1985. W/m~c/W 3-21-85 WILLI&q J. R~J~GLq Clerk of Courtm and Clerk Ex-Officio to Board of County Con~tismionere -10-