HomeMy WebLinkAboutO-1986-016 ORDINANCE N0. 16-86
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AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
ESTABLISHING RULES AND REGULATIONS GOVERNING
THE EXCAVATION AND FILLING OF LANDS WITHIN
{ THE CITY OF DANIA; AND PROVIDING FOR PERMITS
AND PERFORMANCE BONDS; AND PROVIDING THAT ALL
j ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH CON-
FLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, j
FLORIDA:
Section 1. That the following rules and regulations governing
} the excavation and filling of lands within the City of Dania,
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Florida , be and the same are hereby ordained and adopted:
EXCAVATION
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A. DEFINITION:
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
j 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 .
B . NECESSARY APPROVALS :
Permits shall be obtained from the City of Dania and
all other governmental authorities , as necessary ,
prior to start of work. Other governmental authorities
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include but are not limited to , B wand County Environmental
Quality Control Board , Broward County Water Resources Manage-
ment Division, Florida Department of Environmental Regulation ,
U. S. Army Corp of Engineers , and South Florida Water Manage-
ment District.
C. PERMIT REQUIRED, PERMIT RENEWAL:
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I (a) A permit for new excavation shall be obtained
from the City Building and Zoning Department.
j (b) After an original permit for an excavation 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 i
submit to the enforcing officer a plat showing their
Ordinance No. 16-86
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presently owned property adjacent to and forming a
continuous property with the existing excavation
area. The plat shall also show future right-of-way f
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
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following exceptions. i
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1. The owners or operators of excavations
j existing at the time this chapter is adopted
1 shall apply for an excavation permit within
30 days after this subchapter is officially
adopted. {
I 2 . Section G and Section H shall apply to
excavations existing at the time this sub-
chapter is officially adopted.
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(d) Yearly renewals of the excavation permit shall be 1
granted to the owners and operators of excavations 4
existing at the time this subchapter is adopted,
IIII 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 to the full re-
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quirements 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 a 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:
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(a) A plot plan to show the property owned or controlled
by the applicant with reference to streets , high-
ways and contiguous platted areas .
(b) Cross-sections to show approximate elevation and
grades at the final outside boundaries of excava-
tion.
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(c) A final grading plan to show the ground elevations
of the land immediately adjacent to the side of
the excavation and all of bounding streets or roads .
(d) Upon completion of the excavation, and when there
is a question that the excavation is in accordance
with the plans approved, a topographical survey
may be required showing elevations and cross-
sections of the final outside boundaries of each
excavation at 100 foot intervals .
(e) The plans , maps , elevations and cross-sections {
required by this section shall be made by a
surveyor-engineer, registered as such by the state.
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E. PERFORMANCE BOND:
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The applicant for a permit for an excavation shall post a
performance bond which shall be based on the quantity of
fill material computed in cubic yards , to be removed from
the excavation. The quantity of fill material to be re-
moved shall be computed by an engineer, registered in the i
State of Florida, and the calculation shall be approved
by the City Engineer. The amount of the bond shall be
determined by multiplying the value of a cubic yard of
fill material times the volume of fill to be removed.
The value of a cubic yard of fill material shall be es-
tablished by the City Commission of the City of Dania on
a yearly basis . The form of the bond shall be approved
by the City Attorney. The bond shall be renewed yearly
and shall be released by the City of Dania upon the sub-
mission of certified "As-Built" drawings of the excavation.
Should the owner of an excavation be unable to obtain a
performance bond, the City Commission, upon the advice of
the City Attorney, may approve a binding letter of credit
for the amount of the bond; acceptance of the deed to the
property to be held in escrow or any other acceptable
j means of ensuring the safe conduct and completion of the
excavation.
F. ZONING LIMITATIONS:
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(a) The use of heavy machinery for extraction and
removal of natural material or deposits is per-
missible where the removal has been approved and
authorized by permit.
(b) The land area exposed by the extraction and re-
moval of natural materials or deposits shall be
left suitable for future use and development
purposes in accordance with any zoning regulations
applicable thereto.
(c) New excavation shallbe a permissible use only
in a zoning district or for a development wherein
that use is permissible under this chapter, sub-
ject 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 construed
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 not
less than 50 feet from the private property line,
as the case may be.
{ (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.
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(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 officially approved by 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
j indicated on the plot plan for the excavation
and the excavation is backfilled with suitable I
material to a distance not less than 220 feet
from the future right-of-way line.
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H. PROTECTION: '
jDuring the excavation operations , the premises shall be j
suitably posted with warning signs of such character and i
location as may be adequate to warn the public concerning j
possible hazards .
I. CONDUCT OF OPERATIONS:
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(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 5 horizontal will be sustained and
maintained to a water depth of 5 feet measured from
low water elevation.
(c) The property shall be staked along the property
_ line and the top slope line in the portion of
3tx 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
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determined and verified.
(d) During the entire operation, dynamite shall not
be used except in accordance with State Regula-
tions or as approved by the City Commission.
(e) Every owner and/or operator of any excavation
shall be insured to the extent of One Hundred
Thousand Dollars ($100 ,000. 00) against liability
arising from any activities or operations
incidental to excavation carried on or conducted
pursuant to any permit or approval given for such
excavation by the City of Dania.
(f) All excavation access roads shall be well
sprinkled to minimize dust, provided such sprin-
kling shall not be required 500 feet or more from
a public street or highway.
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
five feet horizontal from the perimeter into a
j minimum depth of five feet of water at low water
elevation.
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(c) Whenever excavation operations on any property
shall have been completed, abandoned or permanently 4
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, j
I redistributed on the premises , or backfilled within
the pit , within one year after such completion.
Provided, however, that the provisions of this
j paragraph shall not apply to any plants , buildings ,
structures, equipment or stockpiles whenever and
so long as any rock, gravel or other material
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shall be available from other properties for pro-
cessing by or through any such plants , buildings ,
structures or equipment.
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LAKE FILLING j
K. DEFINITION:
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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 foundation
utilities.
s or excavations for
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L. NECESSARY APPROVALS :
Permits shall be obtained from the City of Dania and
I all other governmental authorities , as necessary, prior
to start of work. Other governmental authorities include
but are not limited to , Broward County Environmental
Quality Control Board, Broward County Water Resources Manage-
ment Division, Florida Department of Environmental Regulation,
U. S . Army Corp of Engineers , and South Florida Water Manage-
ment District.
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j M. PERMIT APPLICATION•
In order to apply for a permit for the City of Dania, the
f following information shall be submitted:
j (a) A current survey of the property to be filled,
j 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 lake areas that are to be
filled,
(d) A drawingin
dicating indi a tin g lake depth on a
more than 100 feet each way. grid of not
(e) A description of the material that is intended to
be placed in the lake along with a written de-
scription of the methods to be utilized in the
filling, prepared by an Engineer registered in the
State of Florida.
(f) An affidavit signed by the owner, indicating the
intended use of the property after the filling
operation is complete and whether
intended to be built on the property.
ructures are
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(g) If structures are intended to be built on the
property after filling, then the owner shall sub-
mit a report by an Engineer, registered in the I �
State of Florida and familiar with building
foundations , as to the adequacy of the proposed
method of filling and what foundations will be
necessary after the lake is filled. All filling
must be completed within a period of not more
than one year after excavation has been carried
to the extent authorized by a valid permit , or
after work on excavation has been abandoned or
discontinued for a period of six months or more .
N. PERFORMANCE BOND:
The applicant for a permit for Lake Filling shall post a
performance bond which shall be based on the quantity of
fill material computed in cubic yards , to be placed in the
existing excavation . The quantity of fill material to be
placed shall be computed by an engineer, registered in the
State of Florida, and the calculation shall be approved by
the City Engineer. The amount of the bond shall be determined
by multiplying the value of a cubic yard of fill material
times the volume of fill to be placed. The value of a cubic
yard of fill material shall be established by the City
Commission of the City of Dania on a yearly basis . The form
of the bond shall be approved by the CityAttorney. Th
Y e bond
shall be renewed yearly and shall be released by the City of
Dania upon submission of certified "As-Built" drawings of
the completed fill. Should the owner of a Lake Fill be un-
able to obtain a performance bond, the City Commission , upon
the advice of the City Attorney, may approve a binding letter
of credit for the amount of the bond; acceptance of the deed
to the property to be held in escrow or any other acceptable
q1 means of ensuring the safe conduct and completion of the fill.
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0. PROCEDURES DURING THE FILLING OPERATION•
(a) Only clean fill shall be placed. Clean fill
constitutes sand, rock, concrete, concrete with
reinforcement steel and road bed material.
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(b) The material used to fill the lake shall not con-
tain any wood, lumber, trees , tree trimmings or
other organic materials which could decompose
causing water quality degradation.
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(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 .
(d) The entire area to be filled shall be fenced and
secured to prevent illegal dumping.
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{ (e) The owner shall submit to the City monthly a
I laboratory analysis of the water remaining to be
filled. The testing shall be conducted at the
expense of the contractor and shall consist of
heavy metals , fecal coliform and other contaminants
as deemed necessary by the City.
P. EXISTING FILL OPERATIONS :
All existing fill operations in the City shall comply
with these rules within 30 days of adoption.
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Section 2. 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.
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Section 3. That this ordinance shall be in force and take
effect immediatelyu its final
on p passage and adoption. j
PASSED and ADOPTED on First Reading on the 11 day of
hlcucch 1986. j
+ PASSED and ADOPTED on Second and Final Reading on the 25th j
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day of March 1986. —> I
MAYOR - COMMISSIONER
ATTEST:
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CITY CLEhRK - AUDITOR
APPROVED FOR FORM AND CORRECTNESS
FRANK C. ADLER, City Attorney
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Established as The Hollywood Sun - January 4, 1935ac"�, °�„;?
HOLLYWOOD. BROWARD COUNTY, FLORIDA EaNs Fw NN N MNIR. mF
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STATE OF FLORIDA LANDS 04a. Q GTY OF
COUNTY OF BROWARD pl*M,*11A AND IRov OM FOR
FERMI 3 AND PERFORMANCE
Jack D. Pate aoNom,woPRovgmo..wr
Before the undersigned authority personally appeared ALL'°"oNANCER°"''ARrs
9-0RDINANCES AND All
RESOLUTgMi OR (ARTS OF
who on oath says (he/she) is Classified Manager ReSpLvno" REPEALs IN CONFLITO
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HERYWITN-RE FA
THE WENT OF SUCH CON.
of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward FL1Crt�.NO MOvgMO FOR
AN EIi EC WE DATE.. •
A bM a RN6 awe..a oar
Count Florida: that the attached coy of advertisement, being a Notice "tH° "n°RCN�uMCft' �a
of Hearin p w VV
' MaFt�RRa1M "wr�ODWe�
in the matter of
City of Dania
H�fCifdl3Yi),p n-.n..'acN.r w a'
In the Comm. Parryy s,lr aFa.Z PwaF w'mF
INawqaro xonwNl So.e s
Mar. 14. 1986 gN'•c^^^".wR .IN .
was published in said n ewspaper in the issue of
Nr,r°SPaovPrEa° .Wno'e..aak
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Affiant further says that the said SUN-TATTLER is anewpaper published atHollywoodin .
saidBrowaLdCounty,Florida.and that the said rewspaperhasheretoforebeencontinuously n. W sr gMwwa.
published in said Broward County, Florida,each week and has been entered as second class
matter at the post office in Hollywood in said County,Florida,for a period of one year next
j preceding the first publication of the attached copy of advertisement; and affiant further
says that he has neither paid nor promised any person, firm or corporation any discount,
( rebate,commission or refund fo urpose of securing this advertisement for publication
j in the id new (/��
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Sw a subscribq4 before me
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(SEAL) VMCO THOU 6;NraaL !Ns. ";D.
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