Loading...
Ordinance 83-03 ,AMI~NDI~G COLLIER COUNTY ORDINANCE NO. 80-26, AN ORDINANCE REGULATING EXCAVATIONS WITHIN COLLIER COUNTY, FLORIDA; AMENDING THE DEFINITION OF AN EXCAVATION; AMENDING EXEMPTIONS TO ORDINANCE'N.O.qB~,,q; AMENDING WATER MAnAGEMENT.PLANS REQUIREMENTS AMENOINg EVIDENCE~EQUIRED FOR PEKMIT APPROVAL, AMENDING BONDING REQUIREMENTS; AMENDING ORDINANCE NO. 80-26 TO ADD SECTION PROVIDIN~' FOR STATE"AND FEDERAL PEKMITS; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISISONERS OF COLLIER COUNTY, FLORIDA as follows: SECTION 1: FINDINGS The Board of County Commissioners hereby finds that it is necessary in the public interest to regulate excavations as defined herein in the interest of the public health, safety and welfare of the citizens of Collier County. Regulatinns concerning the location, construction, and use of excavations are necessary inasmuch as said e×cavations have the capacity to create hazards to the safety of people and property; to create public nuisances resulting from dust and noise attendant in the excavation process; to interfere with, alter or otherwise adversely affect sanitary, storm or drainage systems or natural flow ways; to adversely affect ground water levels and/or water quaility; and to interfere with the Collier County Comprehensive Land Use Plan. SECTION 2: PURPOSE The purpose of this Ordinance is to provide a means to regulate excavations as defined herein to ensure that such excavations do not endanger public health, safety or welfare. SECTION 3: UNb%WFUL It shall be unlawful for any person, association, corporation or ,~ther ity create, attempt to create, or alter an excavation without having obtained a p~mit-TI therefore, except as provided herein. SECTION 4: DEFINITION For the purposes of this Ordinance, the term excavation shall me~ rem~l of any mat:rial to a depth greater than ~eaee~-ehan-een-eho~eand-~T~)-sq~a~e-~eee~ three (3~ feet be]ow existin~ ~rade over any area or one (1} foot below existin~ ~rade over an area ~reater than ten thou.and (lOtO00) square feet. NOTE: Words underlined are added to existing ordinance; words ee~eeh eh~eeSh are deletions from existing ordinance. 0!7 SECTION 5: EXEMPTIONS The following, to the extent specified herein, are exempt from the requirements to this Ordinance subject to compliance with all other applicable laws and ordinances: A. Earth moving in conjunction with the installation of a utility, which ia to be backfilled. B. Foundations of any building or structure providing the excavation will be confined to the area of the structure only. C. Excavations relating to the accessory use of land emd-des~sned-ee-be-~&½½e~ upon-eemp½ee~env-~ve~-g~aves?-sepe~e-ee~Ws?-eee~ which by nature are of limited duration and designed to be filled upon completion, i.e. graves, Septic tanks~ swimming pools~ fuel storage tanks~ etc. ~v p½ett~mS-e~-e-eubd~v~en-end-whe~e-e-Subd~v~e~en-Gemp½ee~en-Bend_hee_Weee Pe~eed-e~-w~e~-e~emveeed-m~ee~e½e-eee-net-~emeved-~em-t~e-~eumdee~-e~-eNe P½eeee~-~ub~v~e~-end-e~e-p½en-~ee-rev~eed-~epeg~ep½y-~ae-~ee~-eppeeve~-~y e~e-~ea~-e~-Geuney-Gemm~ss~ene~sv ~. ~ The regrading only o~ an7 property *peeeeen~ 6or aesthetic purposes that does not create a body of water or (mffec~ existing drainage patterns. ~. Fy Agricultural drainage, irrigation work incidental to agricultural operations, and stock watering ponds, if no material is removed from site and pend does not exceed one-half acre in area or eight (8} feet in depth. F~. G~ The grading, filling, and moving of earth in conjunction with road construction within the limits of the right-of-way when the construction plans have been approved by the County or State Department of Transportation. H~ ~w~mm~mg-peo½e~ SECTION 6: ISSUANCE OF PERMITS ~. The permits required by this Ordinance shall be issued by the County Engineer of Collier County in accordance with the procedures set forth herein and shall come under either of the following catagories: 2 A. Private-Considered to be an excavation where the materiel obtained is not removed from the property and where the distrubed surface area at grade does not exceed 43,560 square feet (one acre). B. Commercial-Considered to ba any excavation wherein the excavated material is removed from the property, for whatever purpose, or where the disturbed area of the 'excavation exceeds 43,560 square feet (one acre). 2. Issuance of Private Permits: The County Engineer shall issue private excavation permits where all of the applicable standards of this ordinance have been mst. When in his opinion the standards have not been met, the application shall be submitted to the Water Management Advisory Board with ultimate approval required of the Board of County Commissioners. A monthly report shall be made to Water Management Advisory Board of all permits issued directly by the staff. 3. Issuance of Commercial Permits: Applications for commercial permits must be reviewed by the Water Management Advisory Board and approved by the Board of Collier County Commissioners. SECTION 7: GENERAL REQUIREMENTS FOR OBTAINING EXCAVATION PERMITS A. Application in the required number of copies for excavation permits under this Ordinance shall be submitted to the County Engineer on a form to be supplied by the County. The application shall include, but not be limited to, the following information: 1. The name, address and telephone number of the excavator, if know~, and owner of the land involved or his agent. 2. A legal description and location of the property involved. 3. A signed statement by the excavator or land owner or his agent which includes: a. A statement that he has read this Ordinance and agrees to conduct the excavation in accordance with this Ordinance and County and State codes and laws. b. A statement of purpose of excavation and intended uoe of the material to be removed. 4. The following prepared by a surveyor or engineer registered in the State of Florida of the property to be excavated showing: a. The boundaries of the property. b. Existing grades on the property. c. The level of the mean annual low water table. d. The grades which will exist following the completion of the excavation, e. The volume of the excavation. f. Easements, roads and setbacks, and zoning. g. Drainage and flow ways. 5. A lint of the names and addresses of adjacent land owners obtained from official tax rolls. 6. ~½ene-f~-d~eeherge-of-weee~-f~em-e~tev Water Management Plan ~etailinfi methods for the conservation of existin~ on-site drainage sTstems as well as a proposal for the offsite dischar~e of ~roundwater~ if applicable. If the application is made by any person or firm other than the owner of the property involved, a written consent to the work from the property owner shall be required prior to procesming of the applicatinn. Prior written notice of Water Management Advisory Board meeting shall be provided to all adjacent property owners as determined by reference to the latest tax rolls. Approval by the Board of Collier County Commissione~s shall be granted only based upon competent and substantial evidence adduced by the applicant, that: 1. The excavation will not interfere with the nat~ral function of any s~nitnry storm or drainage system or natural flowage way, whether pub~.tc or private so ns to create flooding or public health hazards. 2. Public nuisance resulting from d~st and noise will not be caused. 3. Damage to public street, road or highway resultin~ from the operation of equipment or the hauling of excavated material from the site within one-quarter of a mile on either side of ~he entrance to the excavation site shall be the responsibllty of the permittee. The extent and timing of repairs to be made shall be determined by the County Engineer. Where major or public roads, streets or highways are involved, the applicant may be required ~ have inetalled, at his expense, a turning lane and appropriate entrance improvement as a requirement for issuance of a commercial permit. 4. The excavation will not adversely affect ground water levels, water quality or surface water flow ways. 5. The excavation will be constructed so as not to cause a safety hazard to persons or property. 6. The excavation does not conflict with the Comprehensive Land Uae Plan or land use regulations adopted pursuant thereto nor does it conflict with existin~ Zonins Resulationa. The applicant shall provide written statements to this effect from the Planning Director nnd the Plan Implementation Director, respectively. REQUIREMENTS FOR TIlE CONSTRUCTION OF EXCAVATIONS Setbacks--Excavation pits, artificial lakes or other uses of lands excavated and designed to be left open upon completion shall be excavated so that the top of the excavation shall lie within the following minimum setback lines: 1. Two Hundred (200) feet from an existing or proposed right-of-way of any Federal or State numbered highway. 2. One Hundred Fifty (150) feet from an existing or proposed right-of-way of any County numbered roadway. 3. One Hundred (IO0) feet from the risht-of-wav of any other existing or proposed public street, road or highway. 4. Fifty (50) feet from side, rear, or abutting property lines except that where the excavation is located in agriculturally or industrially zoned districts abutting a residentially zoned district, the setback shall be One Itundred (100) feet from the residentially zoned property. Side Slopes--The finished side slopes of the excavated area shall be no greater than: 1. One (1) foot vertical drop for each three (3) fee~ of horizontal distance measured from the top of the excavation line into the excavated area to a minimum depth of three (3) feet of water at Iow water elevation. Below the three (3) foot depth of water at low water elevation, the slope shall not be greater than one (1) foot vertical for each two (2) feet horizontal. The slopin~ shall be maintained on all slopes except the "working face". For commercial rock quarry operations where the 3 to I slope cannot be SECTION 8: A. nbtn~ned, fencing aa apacifiod in Paragraph "D" shall be installed. Hours of Operation--Machine and blasting operations shall be regulated by appropriate County or State Ordinances or laws. Fencing--If, upon review of the application or at any time prior to completion of the excavation, the Board of Collier County Commissioners finds that the location and conditions of the excavation constitutes a hazard, the excavation shall be enclosed permanently with a minimum of four (4) feet high~ ~four strand barbed wire), or other fencing aa deemed appropriate by the Board of County Commissioners, to deter passage of persons. E. Duration of Excavation Permits: I. All private permit~ shall be valid for a period of twelve (12) months. If the work is not completed in that time a second application, with application fee must be submitted. 2. Commercial permits will be of indefinite duration or until the excavation reaches the limits of the size presented in the original application. F. Completion of Operation--Upon completion of the excavation, the excavation shall be conformed with this Ordinance and a certified survey and drawing by n surveyor, or engineer, registered in the State of Florida, shall be provided to the County Engineer. The drawing shall contain a base line around the top of perimeter or the excavation clearly referenced to known points with right angle crnqa-sections taken at one hundred (100) foot stations (minimum three) which clearly shows the slope and depth of the excavation and the elevations of the excavation and the elevations of the surrounding lands to the property lines or within a radl%ls of 500 feet whichever is the lesser distance. G. Discontinuance of Operation--If the digging operation ia discontinued for a period of ninety (90) consecutive days, except due to strikes or Acts of God, all slopes, including the working face, shall be conformed with this Ordinance and a report so stating submitted to the County Engineer. Rcco~mencement shall also be reported. If discontinued for a period of one year, that permit ia void. A new permit must be approved prior to commencement. SECTION 9: G&eeherge-e&-Weee~-~rem-ehe-G*ee-½~-d~eeherge-e~-we~er-~rem-e~emv~e~-n~en ~ee_p~eh~eed-by-6e~½~e~-6e~e~T-e-perm~e-me~e-~e-e~ee&ned-~e~-ieeeh ~½e~e-geeer-He~ieme~e-~eer~eeT-&~-epp½~ceb½e~-p~er-ee-d&eehe~ie? 0ffsice Dischar~e of Groundvac~r--^ permit shal~ be required in accordance with the Collier County Water Management Polic7 Ordinance, lateat edition~. for an~ offsite dischar~e of ~roundwater. INSPECTION AND REPORTING REQUIREMENTS Inspection I. The County ahall have the right to enter the aite permitted for excavation with reasonable notice, and may from time to time carry out inspectiona of the excavation site to determine compliance with the provisions of this Ordinance and any special conditions attached to the Excavation Permit as issued by the County. 2. In making any and all inspection, the County shall first report to and be accompanied by the on-site management, representative or employee of the operation. Such escort cannot be refused by the operator unless a clear cut danger or hazard can be demonstrated. 3. Upon reasonable notice from the County that an inspection is to be conducted which requires the assistance and/or presence of the property owner, pit operator or his representative, the property ow~ner or his representative shall be available to assist the County in the inspection of the excavation site. The County is not obligated to carry out a detailed topographic survey to determine compliance with this Ordinance. Upon a finding by the County of any violation of this Ordinance or the special conditions of the Excavation Permit, it shall advise the property owner in writing. The property owner shall, within fifteen (15) days of receipt of such notice, h~ve either the violation corrected or submit in writing why such correction cannot be accomplished. Such written communication shall also state when the violation is to be corrected, If, in the opinion of the County Engineer, the delay in correcting the violation is exceaaive, he may recommend to the Board of County Commiaaionera that the permit be temporarily or permanently revoked. Upon correction of the violation the property O,.~h~r operator may be required by the County Engineer to have an appropriate report, Reporting 1. letter end/or survey, whichever is applicable, prepared and submitted to the County by an engineer or surveyor registered in the State of Florida. Failure to do so shall be cause for revoking tbs permit. Every twelve (12) months during the term of the Excavation Permit and within thirty (30) days after the final completion of the excavation, the property owner or his agent shall provide the County with a status report of the excavation activities. The status report shall consist of no less than the following information, and such other as may be deemed necessary by the County to accurately determine the status of the excavation and its compliance with this Ordlr~ar~ce and the ~pccial condition~ of the Excavation Permit: a. A certified topographic survey prepared by a surveyor or engineer, registered in the State of Florida containing the following: A base line around the top of the perimeter of the excavation, clearly referenced to known points, with right angle cross-section taken at one hundred (i00) foot stations (minimum of three) which clearly show the slope and depth of the excavation at each station. (2) The location and distribution of all excavated materials remaining on the property. (3) Any erosion which has occurred due to the discharge of water from the excavation site. (4) Calculation of volume of excavated material removed from the excavation pit. b. A written statement by the property owner or his agent stating the anticipated date of final completion of'the excavation. SECTION lO: PERMIT FEES A nonrefundable fee shall be paid at tho time of application in the amount of Fifty Dollars ($50.00) for private permits and One Hundred Dollars ($i00.00) for commercial permits to cover the costa of processing the application. Upon approval of the permit and prior to its issuance, an additional fee not to exceed $2,000.00 shall be paid in the amounts as herein shown: A. 0 - 2,000 cubic yards of excavated material ......... $50.00 B. Each additional 1,000 cubic yards of excavated material . 2.50 SECTION I1: BONDING REQUIREMENTS (Co~,ercial Only) A. Upon approval of the permit, but prior to the issuance thereof, the Applicant shall, w~eh~n-e½½eey-~O)-deys? after notification that the permit has been approved, execute an agreement that he will comply in the provisions of this Ordinance and the permit. This agreement shall be secured by one of the followin~ two methods: pe~ferm..ee-b.nd-~e.ea-by-e-F½e~de-~eg~eeeted-euteey-eempany-peyeb½e-ee e~e-B.e~d--6-g~.ney-G~mm~e~.ne~s~-e~-~d~-~ueh-eeNe~-~eeu~ey-aa-mey-be ~eeep~e~½e-e~-e½e-G~.ney~--~he-~eeu~ey-~seed-~he½~-~e-~n-en-emeune-e(-ne 7nrd-ee-be-e~eeveeed-ee-ena~ee-eemp½Eenee-wEe½-ehe-prevEeEena-eE-e~e ~rdEnenee?-end-eepe(e-~emage-ee-any-reea-eenneeeEn$-e~-½eRdEng-ee-e~e Excavations performed ~n conlunctton with a ?1armed Unit Development or Subdivision Development where excavated materials are not removed from the boundary of the platted Development and the plan for revised topography has been approved by the Board of County Commissioners, shall be secured by a Subdivision ' Completion Bond in accordance with Collier County Subdivision Regulations governing the final plattin~ of a Subdivision. All other commercial excavation shall, within sixty (60) days after approval notification~ be secured (a) a cash bond; (b) an irrevocable letter of credit) (c) a surety performance bond issued by a Florida registered surety company payable to ~ha Board of County Co~.~issionersr or (d) much other security am may be acceptable to the County. The security posted shall be in an amount of no less than Five Thousand Dollars ($5~000.00) nor more thnn Fifty Thousand Dollars ($50t000.00) computed at the rate of Ten Cents ($0.I0) per~ubic yard to be excavated to ensure compliance with the provisions of the Ordinance~ end to repair damaBe to any road connectinB or leadins to the proposed borrow pit as provided for in Section 7~ Paragraph D-3 of chis Ordinance. B. These bonds shall be in a form that is recordable in the Public Records of Collier County, Florida, shall be executed by each natural or artificial person with a leEal or equitable interest in the land, and shall remain in effect until the excavation is completed in accordance with the Ordinance. Title to thc land shall not be transferred until the bond is released. SECTION 12: APPEALS Any applicant for a permit who is a~grieved by the action of the Board of Collier County Commissioners relative to ~he issuance of a permit, or any person adversely affected by ~he issuance of n pcrmi~ may appeal said action or issuance by appropriate wri~ ~o ~hc Circuit Court of Collier County within thirty (~0) days from the date of said issuance or action. SECTION 12: LI~E~\L CONSTRUCTION The provisions of this Ordinance shall be liberally construed to effectively carry our t~s purpose in thc intcres~ of public health, safety and ~elfare and convenience of thc ci~l~c~s and residents of Collier County and of the State of Florida. SECTION 14: IHPLEHENTATION OF OF~INANCE: RULES AND REGULATIONS Thc Board of County Co~issioncrs may enact reasonable rules and regulations to implcmen~ and carry out the provisions of this Ordinance. SECTION 15: PENALTIES AND E~FORCE~ENT Any persons, fir~ or corporation who violates any section of this Ordi~ance shall be prosecuted and punished as provided by Section 125.69 of the Florida Statutes. The Board of County Commissioners, ~e-~s~ney-E~8~nee~v or any parsons whose interests adversely affected may brin~ suit to restrain, enjoin or otherwise preven~ the violaticn of this Ordinance in the Circuit Court of Collier County. The County Engineer is vested with the authority to administer and enforce the provisions of this Ordinanca and is ~uthorized ~o take action to ensure compliance with, or prevent violation of, the provisions of this Ordinance, and he shall have authority to issue administrative stay orders. SECTION 16: SEVERABILITY It is the intention of the County Commission that each separate provision of this Ordinance shall b~ deemed independent of all other provisions herein, and it is further the intention of the County Commission that if any provisions of this Ordinance be declared to be invalid, all other provisions thereof shall remain valid and'enforceable. SECTION 17: EFFECT ON PREVIOUSLY ISSUED PERMITS AND EXISTING EXCAVATIONS A. The provisions of the Ordinance shall govern ell permits issued from and after the effective date of this Ordinance. B. Excavations permitted under Ordinance No. 73-12 shall continue to be subject to the requirements of permits issued under Ordinance No. 73-12 and Section 9 of this Ordinance which shall have precedence over any conflicting requirement of Ordinance No. 73-12. Excavations permitted by PUD or other County Ordinance shall continue to be subject to the provisions of that Ordinance and Section 9 of this Ordinance. C. Existing commercial nperations being conducted on a continuous basis, currertly exempt from Ordinance No. 73-12, may continue operation for a period of 180 days following the effective date of this Ordinance. At the end of the 180 day period, all excavation activities shall cease unless an "existing commerctsl use permit" has been issued under this Ordinance for any future areas of excavation. D. Existing Commercial Use Permit--A permit to continue excavation in existing commercial operations currently exempt from Ordinance No. 73-12 shall be issued by the County Engineer upon the satisfactory submittal of an application which shall include the following: A plan which indicates a legal description of the property, the boundaries, required setback, depth of proposed excavation, volume of material to be excavated. E. All areas excavated prior to the date of this Ordinance are exempt from the requirements of this Ordinance except for the requirements of Sections 8B ~ and 8D. SECTION 18: STATE AND FEDERAL PERMITS The issuance of a permit in accordance with the provisions of this Ordinance ts no: intended to preclude :he ritht of an~ other State or Federal agency from requiring separate permits in accordance with rules and re~ula~ions of ~hat agency. 11 In a case where multiple permits ara requiredr the most strin~ent stipulations and r~c,~.lrements of each ~ermit shall ~overn the work permitted under this Ordinance. SECTION lg: This Ordinance muperceded Ordinance No. 73-12 and shall take effect.upon its passage and ss provided by law. SECTION 20: This Ordinance amends Ordinance No. 80-26 and shall become effective upon acknowledgement from the Secretary of State that the Ordinance has been duly filed. PASSED AND DULY ADOPTED BY the Board of County Commissioners of Collier County, Florida this 8th day of February , 1983. ATTEST: BOARD OF COUNTY COMMISSIONERS WILLIAM J. REAGAN, CLERK."~/ OF COLLIER COUNTY, FLORIDA STATE OF FLORIDA .: ) COUNTY OF COLLIER ) I, WILLIAM J. REAGAN, Clerk of Courts in an. for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing i~ a true original of: ORDINANCE NO. 83-3 wh£ch was ~dopted by the Board of County Commissioners Curing Regular Session on the 8th da5? of ~ebruary, 1983. ~?fTNESS my h~d ~ ~ official ~al of ~ ~rd of C~ty ~,,&ssioners of Collier Catty, Florida, ~is 10~ ~y of Feb~ 19~3. ~ILLL~ J. RF~AC~N Clerk of Cour*_s and Clerk Ex-officio to P~ard of .. County Cc, md ssioners ~srq..z~?a .~mqrz, ~3epucy ~er~ This ordinance filed with the Secretary of State's Office the 14th day of February, 1983 and acknowledge- ment of that filing received this 16th day of February, 1983. -- XDeputy Clerk