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Ordinance 80-026ORDINANCE riO. 80_ ,26 AN ORDINA~ICE TO REGULATE EXCAVATIONS WITHIN COLLIER COUNTY, FLORIDA; PROHIBITING EXCAVATIONS WITHOUT A PERMIT THEREFOR; ESTABLISHI~iG STANDARDS FOR THE ISSUANCE - OF A PER,lIT; ESTABLISHIfIG ST/~'IDARPS FOR TIlE CONSTRUCTIO~I ~= OF EXCAVATIOHS; PROVIDI)iG FOR EXISTING EXCAVA~OHSE PROVIOIPIO FOR SEVERABILITY, E)IFORCEEENT, Arid PEfiALTIES; '~R~INO F~ =, AN EFFECTIVE DATE, ' -: r. BE IT ORDAINED BY THE BOARD OF COUNTY C~IISSI~ERS OF COLLXER C~Yj~LORIOA ~s follows: .... ~ ~ECTION 1: FIelDINGS ':~ -'~ The Board of County Co~isstoners hereby finds that tt is necessary tn the public interest to regulate excavations as defined herein tn the interest of the public health, safety, and welfare of the citizens of Collier County. Regulations concerning the location., construction, and use of excavations are necessary inasmuch as said excavations have the capacity to create hazards to the safety of people and proper~; to create public nuisances resulting fr~ dust and noise attendant tn the excavation process; to interfere with, alter, or otherwise adversely affect sanitary, stom or drainage syst~s or natural flow ways; to adversely affect ground water levels and/or water quality; and to interfere with the Collier County C~prehensive Land Use Plan. SECTIO~ 2: PURPOSE The purpose of this Ordinance ts to provide a means to regulate excavations as defined herein to ensure that such excavations do not endanger public health, safety or welfare. SECTION 3: UNLA~IFUL ~ It shall be unlawful for any person, association, corporation, ~ othe~..ent-f~ to create, attempt fo'create, or alter an excavation without having ~btain~ba/f~it therefor, except a~ provided herein. ~ ~ r~ SECTIO~ 4: DEFINITION ~ ~ For the purposes of this Ordinance, the term excavation shall mean removal of any material to a depth greater than one il} foot below existing grade over an area greater than ten thousand {lO,O00) square feet. SECTIOH 5: EXEHPTIONS The following, to the extent specified herein, are exempt from the requirements to this Ordinance subject to compliance with all other applicable laws and. ordinances: A. Earth moving in conjunction with the installation of a utility, which is to be backfilled. Bm Foundations of any building or structure providing the excavation will be conftned to the area of the structure only. C. Excavations relattng to the accessary use of land and designed to be filled upon completion, t.e. graves, septic tanks, etc. O. Excavating, grading, filling, and moving of earth in conjunction wtth ftn&l platttng of a subdivision and where a Subdivision Completion Bond has been posted, and when excavated materials are not removed from the boundary of the platted subdivision and the plan ~or revised topography has been approved by the Board of County Con~issioners. E. The regrading only of any property not covered tn Paragraph 0 above that does not create a body of water, pit or affects extsttng dratnage patterns. F. Agricultural drainage, irrigation work incidental to agricultural operations, stock watering ponds if no matertal is removed from site and pond does not exceed one-half acre. G. The gradtng, ftlllng, and moving of earth tn conjunction wtth road construction wIthtn the limits of the rtght-of-waywhen the construction plans have been approved by the County or 5tare Department of Transportatfon. H.Swtn~tng Pools. SECTION 6: ISSUA~ICE OF PERMITS 1. The permits required by this Ordinance shall be issued by the County Engineer of Collier County in accordance with the procedures set forth herein and shall come under either of the following catagortes: A. Private - Considered to be an excavation where the material obtained is not removed from the property and where the disturbed surface area at grade does not exceed 43,560 square feet {one acre). B. c°mmercialo-, Considered to be any excavation wherein the excavated material is removed from the property, for whatever purpose, or where the disturbed area of the excavation exceeds 43,$60 square feet (one acre). 2. Issuance of Private Permits. The County Engineer shall issue private excavation permits where all of the applicable standards of this ordinance have been met. When in his opinion the standards have not been met, the application shall be submitted to the ~later Management Advisory Board with ultimate approval required of the Board of Collier County Comnisstoners. A monthly report shall be made to Water Management Advisory Board of all permits issued directly by the staff. 3. Issuance of Cor~nerctal Permits. Applications for cemnmrcial permits must be reviewed by the Water Management Advisory Board and approved by the Board of Collier County Conmtsstoners. S£CTIO~I 7: GE~!ER6~ ~.E~UIREMENTS FOR OBTAINI~IB EXCAVATIOFI PER/4ITS A. Application tn the requtred number of copies for excavation permtts under thts Ordinance shall be su~ttted to the County Engineer on a form to be supplied by the County. The application shall tnclude, but not be ltmtted to, the following Information: 1. The name, address and telephone number of the excavator, tf known, and o~ner of the land tnvolved or hts agent. 2. A legal description and location of the property involved. 3. A signed statement by the excavator or land owner or his agen~htch includes: (al A statement that he has read this Ordinance and agrees to conduct the excavation in accordance with this Ordinance and all County and State codes and laws. (b) A statement of purpose of excavation and intended use of the material to be removed. 4. The following prepared by a surveyor or engineer registered in the State of Florida of the property to be excavated showing: (al The boundaries of the property (b) Existing grades on the property (c) The level of the mean annual low water table id) The grades which will exist following the completion of excavation (el The volume of the excavation (fl Easements, roads and setbacks, and zoning (gl Drainage and flow ways 5. A ltstoo% the name~ and addresses of adjacent land owners obtained from the official tax rolls. 6. Plans for discharge of water from site. B. If the application is made by any person or firm other than the owner of the property involved, a written consent to the work from the property owner shall be required prior to processing of the application. C. Prior written notice of Water Management Advisory Board meeting shall be provided to all adjacent property ~ers as determined by reference to the latest tax rolls. O. Approval by the Board of Collier County Commissioners shall be granted only based upon competent and substantial evidence adduced by the applicant, that:' 1. The excavation will not interfere with the natural function of any sanitary, storm or dratnaoe system or natural flowage way, whether public or private so as to create flooding or publtc health hazards. 2. Public nuisances resulting from dust and noise will not be caused. 3. Damage to public street, road or htghway resulting from the operation of equipment or the hauling of excavated material from the stte wtthtn one-quarter of a mile on either side of the entrance to the excavation site sh~ll bo the responsibility of the per~ittee. The extent and timing of the repairs to be made shall be determined by the County Engineer. ~!here major or public rnads, streets or highways are involved, the applicant may be required to have installed, at his expense, a turning lane and an appropriate entrance improvement as a requirement for issuance of a commercial permit. 4. The excavation will not adversely affect ground water levels, water quality, or surface water flow ways. 5. The excavation will be constructed so as not to cause a safety hazard to persons or property. 6. The excavatt'on does not conflict with the Comprehensive Land Use Plan or land use regulations adopted pursuant thereto. The applicant shall provide a written statement to this affect from the Planning Director. REQUIREME~)TS FOR THE COHSTRUCTI~ 0P £XCAVATIOrlS Setbacks--Excavation pits, artificial lakes or other uses of lands excawted and designed to be left open upon completion shall be excavated so that the top of the excavation shall lie within the following minimum setback lines: ' * 1. Two Hundred (200) Feet from an existing or proposed right-of-way line of any Federal or State numbered highway. 2. One Hundred Fifty (150) Feet from an existing or proposed right-of-way of any County numbered road~ay. 3. One Hundred (100) Feet fro~ any other existing or proposed public street, road or highway. 4. Fifty (50) Feet from side, rear, or abutting property lines except that where the excavation is located in agriculturally or industrially zoned districts abutting a residentially zoned district, the setback shall be One )lundred (100) Feet from the residentially zoned property. Side Slopes--The finished side slopes of the excavated area shall be no greater than: SECTION 8: '4-' One (1) foot verttcal drop for each three(3) feet of horizontal distance measured from the top of the excavation line into the excavated area to a minimum depth of three(3) feet of water at lo~ water elevation. Oelow the three(3) foot depth of water at low water elevation, tho slope shall not be greater than one (1) root vertical for each twu (2) feet horizontal. ,The sloping shall be maintained on all slopes except the "working Face". For co~nerctal rock quarry operations where the 3 to 1 slope cannot be obtained, fencing as specified in Paragraph D shall be installed. Hours of Operation--Machine and blasting operations shall be regulated by appropriate County or State Ordinances or la~. D. Fencing--If, upon review of the application or at any time prior to completion c the excavation, the Board of Collier County Comisstoners finds that the location and conditions of the excavation constitutes a hazard~ the excavation shall be enclosed pemanently with a fence a minimum of four feet htoh (four strand barbed wire), or other fencing as deemed appropriate by the Board of County Con~ntsstoners, to deter passage of persons. E. ~ration of Excavattop Permits 1. All private permits shall be valid for a period of twelve (12) months. If the work is not completed in that time a second application, with appltc~ton fee must be submitted. 2. Co~nercta~ permits wtl~ be of indefinite duration or untt~ the excavation reaches the limits of size presented in the ortgina~ application. F. Completion of Operation--Upon completion of the excavation, the excavation shal~ be conformed with this Ordinance and a certified survey and drawing by a surveyor, or engineer, registered in the State of Florida shall be provided to the County Engineer. The drawing shall contain a base line around the top of the perimeter of the excavation clearly referenced to known points with right angle cross-sections taken at one hundred foot stations (minimum three) which clearly show the slope and depth of the excavation and the elevations of the surrounding lands to the property lines or within a radius of 500 feet whichever is the lesser distance. G. Discontinuance of Operation--If the digging operation is discontinued for a period of ninety {~0) consecutive days, except due to strikes or Acts of God, all slopes, including the working face, shall be conformed With this Ordinance and a report so stating submitted to County Engineer. Reco~encement shall also be reported. Zf discontinued for a period of one year, the permit is void. A new permit must be approved prior to recomencemenl H. Discharge of Water from the Stte--If discharge of water from excavated area is nnt prohibited by Colltpr ~o,nty, a permit must be obtained from South Florida Water ~nagement District, if ~ppltcable, prior to discharge. SECTION 9: I~ISPECTION AND REPORTING REQUIREMENTS A. Inspection 1. The County shall have the right to enter the site permitted for excavation, with reasonable notice, and may from time to time carry out inspections of the excavation site to determine compliance with the provisions of this Ordinance and any spectal conditions attached to the Excavation Permtt as issued by the County. 5. In making any and all inspections, the County shall first report to and be accompanied by the on-stte management, representative or employee of the operation. Such escort cannot be refused by the operator unless a clear cut danger or hazard can be demonstrated. 3. Upon reasonable nottce from the County that an inspection ts to be conducted which requires the assistance and/or presence of the property owner, pit operator or his representative, the property owner or his representative shall be available to assist the County in the inspection of the excavation stte. 4. The County is not obligated to carry out a detailed topographic survey to determine compliance with this Ordinance. Upon a finding by the County of any violation of thts Ordinance or the special conditions of the Excavation Permit, it shall advise the property owner in writtng. The property owner shall, withtn fifteen {15) days of receipt of such notice have either the violation corrected or submtt in writing why such correction cannot be accomplished. Such written communication shall also state when the violation is to be corrected. If, in the opinion of the County Engineer, the delay in correcting the violation is excessive, he may recon~end to the Board of Collier County Co, missioners that the permit be temporarily or permanently revoked. Upon correction of the violation the property owner or operator may be required by the County Engineer to have an appropriate report, letter and/or survey, whichever ts appltcable~ prepared and submitted to the County by an Engineer or surveyor registered tn theState of Flort~. Failure to do so shall be cause for revoking the permtt. B. Reporting 1. Every twelve (12) months during the term of the Excavation Permit and within thirty (30) days after the final completion of the excavation, the property owner or his agent shall provide the County with a status report of the excavation activities. 2. The status report shall consist of no less than the following information, and such other as may be deemed necessary by the County to accurately determine the status of the excavation and its compliance with this Ordinance and the special conditions of the Excavation Permit. (a) A certified topographic survey prepared by a surveyor, or engineer, registered in the State of Florida containing the following= il) A base line around the top of the perimeter of the excavation, clearly referenced to known points, with right angle cross- sections taken at one hundred (100) foot stations (minimum of three) which clearly show the slope and depth of the excavation at each section. (2) The location and distribution of all excavated materials remaining on the property. (3) Any erosion which has occurred due to the discharge of water from the excavation site. (4) Calculation of the volume of excavated material removed from the excavation pit. (b) A writte,~ statement by the property owner or his agent stating the anticipated date of final completion of the excavation. SECTION lC: PERMIT FEES A nonrefundable fee shall be paid at the time of application in the amount of Fifty ($50.00) Dollars for private permits and One Hundred ($100.00) Dollars for commercial permits to cover the costs of processing the application. Upon approval of the permit and prior to its issuance, an additional fee not to exceed $2,000.00 shall be paid in the amounts as herein shown= A. 0 - 2,000 cubic yards of excavated material ............ $50.00 B. E~ch additional 1,O00 cubic yards of excavated material ...... 2.50 SECTION ll: BONDING REQUIREMENTS (Con~ercial Only) A. Upon approval of the permit, but prior to the issuance thereof, the Applicant shall, within thirty (30)days after notification that the permit has been approved, execute an agreement that he will comply in the provisions of this Ordinance and the permit. This agreement shall be secured by either: (al a cash bond; (b) an irrevocable latter of credit) (c)..).sure.ty perfor.- " mance bond issued by a Florida registered surety company payable to the Board of County CommissiOners, or id) such other security as may be acceptable to the County. The security posted shall be in an amount of no less than Five Thousand ($5,000.00) Dollars nor more than Fifty Thousand ($50,000.00) Dollars computed at the rate of Ten ($.10) Cents per cubic yard to be excavated to ensure compliance with the provisions of the O~dtnance, and to repair damage to any road connecting or leading to the proposed pit as provtded for in Section 7, Paragraph D-3 of this ordinance. B. These bonds shall be in a form that is recordable in the Public Records of Collier County, Florida, shall b~ executed by each natural or artificial person with a legal or equitable interest in the land, and shall remain in effect until the excavation is completed in accordance with the Ordinance. Title to the land shall not be transferred until the bond is released. SECTION 12: APPEALS Any applicant for a permit who is aggrieved by the action of the Board of Collier County Commissioners relative to the issuance of a permit, or any person adversely affected by the issuance of a permit may appeal said action or issuance by appropriate writ to the Circuit Court of Collier County within thirty (30) days from the date of said issuance or action. SECTION 13: LIBERAL CONSTRUCTION The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose in the interest of public health, safety and welfare and convenience of the citizens and residents of Collier County and of the State of Florida. SECTION 14: IMPLEMEBTATIOtl OF ORDINANCE: RULES AND REGULATI~IS The Board of County Commissioners may enact reasonable rules and regulations to implement and carry out the provisions of this Ordinance. SECTION 1S: PENALTIES AND ENFORCEMEHT Any person, firm or corporation who violates any section of this Ordinance shall be prosecuted and punished as provided by Section 125.69 of the Florida Statutes. The Board of County Commissioners, the County Engineer, or any person whose interests are adversely affected may bring suit to restrain, enjoin or otherwise preve~ the violation of this Ordinance in the Circuit Court of Collier County. The County Engineer is vested with the authority to administer and enforce the provisions of this Ordinance and is authorized to take action to ensure compliance with, or prevent violation of, the provisions of this Ordinance, and he shall have authority to issue administrative stay orders. SECTION 16: SEV£RABZLZTY it is the tntenttun of the County Comtsston that each separate provision of this Ordinance shall be deemed independent of all other provisions herein, and it is further the Intention of the County Co~nissfon thet if any provisions of this Ordinance be declared to be tnvaltd, all other provisions theroof shall rematn valld and enforceable. SECT]OH 17: EFFECT Orl PREv]busLY ISSUED PEI'~I%T~ AND EX]STZNG EXCAVAT%OHS A. The provisions of this Ordinance shall govern all permtts issued from and after the effective date of this ordinance. B. Excavations permitted under Ordinance rio. 73-12 shall continue to be subject to the requirements of pemtts tssued under Ordinance Ho. 73-12 and Section 9 of thts ordinance which shall have precedence over any conflicting requirement of Ordinance ilo. 73-12. Excavations permitted by PUD or other County Ordinance shall continue to be subject to the provisions of that Ordinance and Section g of this Ordinance. C. Existing conmerctal operations being conducted on a continuous basis, currently exempt from Ordinance No. 73-12, may continue operation for a perlod of 180 days following the effective date of this Ordinance. At the end of the 180 day period, all excavation activities shall cease unless an "existing comnerctal use permit" has been issued under this Ordinance for any future areas of excavation. D. £xtstin~ Commercial Use Permlt--A permit to continue excavation tn existing co,mercia1 o~erattons currently exempt from Ordinance ~o. 73-12 shall be issued by the County Engtnee~ upon the satisfactory submittal of an application which shall Include the following: ° A plan which Indicates a legal description of the property, the boundaries, required setback, depth of proposed excavation, volume of material to be excavated. Existing use permtts issued for co~erctal operations sha~l be subject to the following provisions of this Ordinance: Sections 8B, C, D, F, & $; Sections 9 and ~0. E. ^11 areas excavated prior to the date of thts ordinance are exempt from the requirements of this Ordinance except for the requirements of Sections 8B or 8D. SECTION 18: This Ordinance supercedes Ordinance tie. 73-12 and shall take affect upon its passage and as provided by law. PASSED AND DULY ADOPTED BY the Board of County Con~ntsstoners of Collier County, Flori,da., this 20th day of . ,,,,,'x~'?. ~'~.~L.,LiAH g... E[~GAN', CLERK~..~ ..-- : ,. '( . '. ~"~ Tebruax7 , 1980. BOARD OF COJNTY CO~ISSI~ERS OF COLLIER COUNTY, FLORIDA SlAtE OF FLORIDA COUNTY OF COLLIER I, IVILLIAMJ. )~C~) Clark of Courts in and for the TwenttethJudtctal Circult, Collier County, Florida, do hereby certify that the foregoinR is a true original of: OPJ)IN/~Ci) NO. 80-26 which was adopted by the Board of County Co~nisstoners during Regular Sosston Fobruary 26, 1980. WlTNESS myhand and the official seal oft he Board of County Com- missioners of Collier County, Florida, this 26th ~y of February, 1980. IflLLIAM J. RP~GAN Clerk o£ Courts and Clerk E-officio to Board of County C~issi~e~ , ~., , u · " , ~' ' "!:~'., .... /. , ~" .. :,.: ....~, ,, ~'//~~/~~ ,.'... ~ ,?: · ",~. . .... '...-',?~ This ordinance ~l~ed ~ith the Secretary o~ State's O~ff~ce the 4th ~nyoff Hatch, ~980 and ackno~lec.~ement off that ffiltng received this ~th day o~ Hatch, 1980.BY, v~~ ~~- 011 03