HomeMy WebLinkAboutO-1986-042 a -
ORDINANCE NO. 42-36
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
AMENDING ORDINANCE NO . 16-86 REGARDING
RULES AND REGULATIONS GOVERNING THE
EXCAVATION AND FILLING OF LANDS WITHIN THE
CITY OF DANIA ; AND PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN
CONFLICT HEREWITH BE REPEALED TO THE EXTENT
OF SUCH CONFLICT ; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
j Section 1 . That the following rules and regulations govern-
ing the excavation and filling of lands within the City of Dania,
Florida, be and the same are hereby ordained and adopted :
EXCAVATION
A. DEFINITION:
i
For the purposes of this regulation, EXCAVATION shall
mean the digging, stripping or removal by any process
of natural materials or deposits from their natural
state and location, said materials and deposits to
include rock , stone, minerals, shell, sand, marl, muck
and soil, but not including sod . Excavation as used
herein shall not include digging for foundations ,
fences, structures or incidental to construction work , _'
wherein no materials are removed from the premises,
except surplus not required for backfill or grading of
premises .
i
B. NECESSARY APPROVALS:
Permits shall be obtained from the City of Dania and
all other governmental authorities prior to start of
work . Other governmental authorities include Broward
County Environmental Quality Control Board, Broward
County Water Resources Management Division, Florida
Department of Environmental Regulation , U . S . Army
Corp . of Engineers, and South Florida Water Management
District .
C. PERMIT REQUIRED, PERMIT RENEWAL :
a) A permit for new excavation shall be
obtained from the City Building and
Zoning Department .
b) After an original permit for an excava-
tion has been issued , the enforcing
officer shall issue a renewal permit for
the continuance of the excavation in
accordance with the original permit and
plans, where the work has been conducted
in accordance with those plans and with
these regulations.
c) Within 30 days after this chapter is
adopted, owners or operators of existing
excavations shall submit to the enforc-
ing officer a plat showing their present-
ly owned property adjacent to and form-
ing a continuous property with the
1
i
i
I 1
existing excavation area . The plat
shall also show future right -of - way
lines and the final limits to which the
owner or operator plans to carry
excavations in that property . These
plats are to be kept for record, and the
excavations indicated thereon will be
exempt from the requirements of these
regulations with the following
exceptions :
1. The owners or operators of excava-
tions existing at the time this
chapter is adopted shall apply for
an excavation permit within 30 days
after this subchapter is officially
adopted.
2 . Section G and Section H shall apply
to excavations existing at the time
this subchapter is officially
adopted.
d) Yearly renewals of the excavation permit
shall be granted to the owners and opera-
tors of excavations existing at the time
this subchapter is adopted, provided the
applicable requirements are complied
with.
e) Any extension , beyond the excavation
limits shown in each plat required by
- division ( c ) of this section to be filed
• with the Building and Zoning Department ,
shall be treated as a new excavation;
and shall, therefore, be subject top the
full requirements of these regulations .
f) Where excavation has been discontinued
for a period of six months or more, or
has been abandoned , any renewal or
resumption of excavation shall be
required to be subject to a permit for
new excavation, and the issuance of a
permit , therefore , shall be subject to
all the requirements of this subchapter
for a new permit .
D. APPLICATION FOR PERMIT, PLANS AND SURVEYS:
Applications for original permits shall be accompanied
by the following :
a) A plot plan to show the property owned
or controlled by the applicant with
reference to streets , highways and
contiguous platted areas .
b) Cross-sections to show approximate eleva-
tion and grades at the final outside
boundaries or excavation.
c) A final grading plan to show the ground
elevations of the land immediately adja-
cent to the side of the excavation and
i all of bounding streets or roads.
d) Upon completion of the excavation , and
where there is a question that the exca-
vation is in accordance with the plans i
approved, a topographical survey may be
required showing elevations and cross-
_ 2
sections of the final outside boundaries
of each excavation at 100 foot inter-
vals .
e) The plans , maps , elevations and cross-
sections required by this section shall
be made a surveyor-engineer, registered
as such by the state .
E. PERFORMANCE BOND:
The applicant for a permit for an excavation shall
post a performance bond which, proportionate to the
extent of the excavation , shall not be less than
$500.00 nor more than $10, 000. 00, at the discretion of
the City Manager conditioned upon complete compliance
with the regulations of the City pertaining to the
initiation, conduct and completion of excavations in a
manner conforming to this chapter . If the applicant
does not agree with the bond amount established by the
City Manager an appeal can be made to the City
Commission .
F. ZONING LIMITATIONS :
a) The use of heavy machinery for extrac-
tion and removal of natural material or
deposits is permissible where the
removal has been approved and authorized
by permit .
i
b) The land area exposed by the extraction
and removal of natural materials or
deposits shall be left suitable for
future use and development purposes in
accordance with any zoning regulations
applicable thereto.
i
c) New excavation shall be permissible use
only in a zoning district or for a dev-
elopment wherein that use is permissible
under this chapter , subject to the
provisions of this subchapter and
approval of the City Commission.
d) An existing excavation for which a
permit is issued pursuant to section C
may be continued and extended pursuant
to that permit and shall not be con-
strued to be a nonconforming use.
G. LOCATION:
a) No excavation shall be allowed within
150 feet of the future right-of-way line
for any street , or highway, nor within
50 feet of any private property line .
However , an excavation may be extended
to within not less than 25 feet of a
future right-of-way line for a street,
or not less than 25 feet of a private
property line , if that excavation is
clearly indicated on the plot for the
excavation and the excavation is
backfilled with suitable material to a
distance not less than 150 feet from the
future street or highway line , or nor
less than 50 feet from the private
property line, as the case may be.
3
b) The excavation and slope , if required,
may commence at the common property line
in the case of a private property if
waivers are secured from the abutting
property owners .
c) No excavation shall be allowed within
220 feet of the future right-of-way line
of any trafficway as defined on the
Broward County Trafficway Plan, as offi-
cially approved by the Broward County,
PROVIDED, however , that the excavation
may be extended to within not less than
25 feet of said future right-of - way
line , if such excavation is clearly
indicated on the plot plan for the
excavation and the excavation is back-
filled with suitable material to a dis-
tance not less than 220 feet from the
future right-of-way line .
H. PROTECTION
During the excavation operations , the premises shall
be suitably posted with warning signs of such char-
acter and location as may be adequate to warn the
public concerning possible hazards .
i
I. CONDUCT OF OPERATORS
i
a) The grading , leveling and sloping of the
final banks shall be on a progressive
basis as the project develops and the
excavation progresses .
b) The vertical cut at the final bank shall
be modified in such a manner that the
required perimeter slope of 1 vertical
to 4 horizontal will be sustained and
maintained to a water depth of 2 feet
measured from mean-low water level or as
modified from time to time by the South
Florida water Management District .
c) The property shall be staked along the
property line and the top slope line in
the portion of the final perimeter to
which the excavation extends during the
period covered by the yearly permit in
effect . Stakes shall be maintained in
proper fashion during said period so
that the limits of excavation slopes and
grade levels in said portion of the
final perimeter may be easily determined
and verified.
d) During the entire operation, dynamite
shall not be used except in accordance
with State Regulations or as approved by
the City Commission.
i
I e) Every owner and/or operator of any exca-
vation shall be insured to the extend of
One Hundred Thousand Dollars
( $100, 000. 00) against liability arising
from any activities or operations inci-
dental to excavation carried on or
conducted pursuant to any permit or
approval given for such excavation by
the City of Dania.
J
4
f) All excavation access roads shall be
well sprinkled to minimize dust , pro-
vided such sprinkling shall not be
required 500 feet or more from a public
street or highway.
i
J. CLEANING UP AND REHABILITATION
a) Upon completion of the project , the
property shall be dressed up so that it
will be left in a presentable condition.
b) The perimeter of the excavation shall be
properly backfilled and graded, provided
that a slope of one foot vertical shall
be maintained for each four feet hori-
zontal from the perimeter into a minimum
depth of two feet of water at mean low
water elevation.
c) Whenever excavation operations on any
property shall have been completed ,
abandoned or permanently discontinued
then all plants, buildings, structures
( except fences ) and equipment shall be
entirely removed from such property and
all stockpiles, topsoil, refuse or waste
materials shall be removed , redistri -
buted on the premises or backfilled
within the pit , within one year after
such completion . Provided , however ,
that the provisions of this paragraph
shall not apply to any plants , building,
structures, equipment or stockpiles when-
ever and so long as any rock, gravel or
other material shall be available from
other properties for process by or
through any such plants , buildings ,
structures or equipment .
LAKE FILLING
�`. K. DEFINITION:
k.wT"
For purposes of this regulation , LAKE FILLING shall
mean the placement of clean fill material into any
existing body of water , either natural or man made .
Clean fill constitutes sand, rock, concrete , concrete
with reinforcement steel and road bed material . Lake
filling as used herein shall not include filling of
building foundations or excavations or excavations for
utilities .
L. NECESSARY APPROVALS:
Permits shall be obtained from the City of Dania and
all other governmental authorities prior to start of
work . Other governmental authorities include as neces-
sary but not limited to Broward County Environmental
Quality Control Board , Broward County Water Resources
Management Division, Florida Department of Environmen-
tal Regulation , U . S . Army Corp , of Engineers , and
South Florida Water Management District .
M. PERMIT APPLICATION:
In order to apply for a permit for the City of Dania,
the following information shall be submitted :
J
5
a) A current survey of the property to be filled,
certified by a Land Surveyor registered in the
State of Florida .
b) A copy of the warranty deed for the property or
contract to purchase .
c) A drawing showing the existing lake areas that
are to be filled.
d) A drawing indicating lake depth on a grid of
not more than 100 feet each way.
e) A description of the material that is intended
to be placed in the lake along with a written
description of the methods to be utilized in
the filling .
f) An affidavit , signed by the owner , indicating
the intended use of the property after the
filling operation is complete and whether struc-
tures are intended to be built on the property.
g) If structures are intended to be built on the
property after filling, then the owner shall
submit a report by an Engineer , registered in
the State of Florida and familiar with build-
ing foundations, as to the adequacy of the pro-
posed method of filling and what foundations
will be necessary after the lake is filled .
The said report shall be submitted to the City
within 30 days of completion of the fill
project .
N. PERFORMANCE BOND:
The applicant for a permit for lake filling shall post
a performance bond which, proportionate to the extent
of the filling , shall not be Less than $500 . 00 nor
more than $10, 000. 00, at the discretion of the City
Manager conditioned upon complete compliance with the
regulations of the City pertaining to the initiation,
conduct and completion of the filling in a manner con-
forming to this chapter . If the applicant does not
agree with the bond amount established by the City
Manager , an appeal can be made to the City Commission.
0. PROCEDURES DURING THE FILLING OPERATION:
a) Only clean fill shall be placed . Clean fill
constitutes sand, rock, concrete with reinforce-
ment steel and road bed material .
b) The material used to fill the lake shall not
contain any wood, lumber, trees, tree trimmings
or other organic materials which could decom-
pose causing water quality degradation. None
of the above materials shall be allowed on the
site , except when contained in removable
dumpsters and then only in minimal amounts .
c) Should any unsuitable material inadvertently be
placed in the lake, the filling operation shall
be halted and the contractor shall notify the
City . The filling shall remain halted until
the unsuitable material is removed from site
and set aside for proper disposal .
i
d) The City of Dania , at the discretion of the
City Manager, may require a special inspector ,
employed by the City of Dania, to be present on
the fill site at all times the operation is
6
proceeding . The special inspectors salaries
and benefits shall be paid for from an account71
established by the City of Dania and funded by
the fill operator in advance .
e) The entire area to be filled may be required to
be fenced and secured to prevent illegal dump-
ing at the discretion of the City Manager and
Building Official .
f) The owner may be required to submit to the City
a laboratory chemical analysis of the surface
water or ground water contained in the fill
j area. Other engineering tests may be required
such as standard penetration tests . The cost
of all testing required shall be borne by the
j owner . The City Manager or the Building
Official shall determine when testing is
required and what test will be performed.
P. EXISTING FILL OPERATIONS:
All existing fill operations in the City shall comply with
these rules within 30 days of adoption.
Section 2 : The Building Official may revoke the permit of
an excavation or fill operation that is deemed to be in violation
of this ordinance .
Section 3 : That all ordinances or parts of ordinances and
all resolutions or parts of resolutions in conflict herewith be
and the same are hereby repealed to the extent of such conflict .
Section 4: That this ordinance shall be in force and take
i
effect immediately upon its final passage and adoption.
PASSED AND ADOPTED on First Reading on the 3rd day of
September 1986 .
PASSED AND ADOPTED on Second and Final Reading on the 23rd
day of September 1986 .
Z L �-
- CO ISSIONER
ATTEST :
Y CLERK - AUDITOR
i
i
i
APPROVED FOR FORM AND CORRECTNESS
I
I '
/ i
BY ..E� ,fQ
FRANK C ADLER, City Attorney
i
_J 1
7
._. _.. ':FLTaAN1AN A
dd�! � /►, i I '1'1 KN1
- THE SUN-TATTLER- REGA
��"" O��OAN E $90
IS
anmis-
Eslablished as The Hollywood Sun - January 4 1935 slobtllr
, to
'Frba pn.6EPTEMBER
1. p.m.or u
HOLLYWOOD, BROWARU COUNTY, FLORIDA soon is, e.ma ma1-
jOu01 li WOR['hiold,l 011ln tie
•CITY CommlNNn room a
i In Dan4 CITY 11AII lip
Wa.1 Dania B .cn ,I .
rend, Oanla, Fldrldo to
c...Ider rn,
STATE OF FLORIDA is 11 non wcanP opose
! reading of IM ordinance
j COUNTY OF BROWARD ..Iilba:
AN ORDINANCE OF THE P k D. ate
Before the undersigned authority personally appeared Jac CITY OF DANIA FLORI-
DA, AMENDIN(: O
who on oath says (he/she) is Classified Manager A 1 16'es j
REGULATIONS GOV EFN j
ING THE EXCAVATION'
of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward AND
THE OCITV"OF
County, Florida; that the attached copy of advertisement, beinfi DANIA; AND PROVIDING
Notice THAT ALL ORDINANCES
OR PARTS OF ORDI
a NANCES AND ALL RE50•
__(�f Hearing RESOLUTIONSPIIN TCONF '
FLICT HEREWITH BE '
in the matter of City of D REPEALED TO THE EX.
Dania REPEALED
FLICT OF SU C""v,`ON.
FOR AN EFFECTIVE
in the rnnm Rnnm if(fk1ll RlfiN DATE.
Sept .i . 12 . 19 8 6 comas of mew p,opowe
was published in said newspaper in the issue of p Paphos 1 or.0n Ile In me
f 011ic,01 IM CIIY Clark,CITY
"all. Iro We"Denla Be.xh
BOulerard, Denla, Flol1da,
and
me, his,
during cnormi
Affiant further says that the said SUN-TATTLER is a newpaper published at Hollywood in I o,Rlno hour,.
nbe.H.d Parties mar P.
said Broward County.Florida,and that the said newspaper has heretofore l]eencontinuously peer al.the aforesaid mwt•Ina and by ne..a .Nn re.
published in said Broward County, Florida,each week and has been entered as second class ,Pict to the "-"'adAny person wnp d,cide.1.
matter at the post office in Hollywood in said County, Florida,for a period of one year next "m: :n decision Pno:m]
preceding the first publication of the attached copy of advertisement: and
"r CIIY Commn.lan and affiant further with respect 10 any mail.,
says that he has neither paid nor promised any person. Fin considered .1 Ith, m,annon or corporation any discount, or h...Ina wm need . ra.
cord.I In.p,oc,edlo.s end
rebate.commission or refund the purpose of securing this aQYerlisement for publication mr.Den pD,p..,me'Need
ID the s' ' 1CWS a r. l0 msun In,1 a ye'Need
P P record of lM prpcwdirc.1,
maCq which record In.
c Nde, the Itl11mp,, and
vv evidence upon mhll, Ine 1
appeal is 1. .e
lal Wanda Mullikin
City Clerk
5-T Seal. 12, 191e (M-U
Sworn t and subscribed before n]e this _day of kP_X_ZA.D.
NOTARY PUBLIC -
i j
(SEAL) 'I
i
1 i
i r