HomeMy WebLinkAboutCity of Tamarac Ordinance O-1978-045Introduced by: �fyyl _.-
Temp. #557
Rev. 6/15/78
Rev. 6/27/78
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0- ?
AN ORDINANCE AMENDING SECTION 28-179 OF THE CITY
CODE PERTAINING TO EXCAVATION REGULATIONS IN AN
A-5 AGRICULTURAL EXCAVATION DISTRICT; WAIVING
CERTAIN SITE DEVELOPMENT AND PLATTING REQUIREMENTS
AS A PREREQUISITE TO OBTAINING A PERMIT FOR EX-
CAVATIONS; PROVIDING FOR EXISTING BODIES OF WATER
IN AN A-5 ZONING DISTRICT; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY OF INVALID PROVISIONS;
PROVIDING REPEALER; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF TAMARAC, FLORIDA:
SECTION 1: Section 28-179 of the Tamarac City Code is
amended to read as follows:
28-179 EXCAVATION REGULATIONS
The following regulations shall govern excavations and
the filling of excavations in this district.
I. DEFINITIONS.
1. 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 or development work,
wherein no materials are removed from the premises, except surplus
not required for backfill or grading of the premises. Excavation
shall not include the creation of canals, waterways, and lakes
incidental to real estate subdividing and development.
2. Enforcing Officer. The Building Official of the
City of Tamarac.
II. PERMITS
1. A permit for all excavations shall be obtained from
the Enforcing Officer.
2. 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
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th such plans and with these regulations.
3. Yearly renewals of the Excavation Permit shall be granted
to the owners and operators of licensed excavations provided all appli-
cable requirements of any governmental body are complied with.
4. Where excavation has been discontinued for a period of six
(6) months or more, or has been abandoned, existing contiguous quarry
excavations which slopes, setbacks, or grading are not in conformance
with these regulations, shall be brought into conformance by the party
applying for an excavation permit. A schedule for progressive correc-
tion of the nonconforming items shall be submitted to the Chief Build-
ing Official and City Council for approval. If the schedule is approve
or modified and the applicant fails to satisfactorily keep this schedul
the Chief Building Official shall suspend all excavation operations for
Ja period not to exceed 30 days. Notice by Certified Mail shall be
15 provided to the owner or operator of the property as shown on the appli
16 cation for the excavation permit and the Broward County Tax Records for
17 1a hearing before the City Council to determine whether the schedule
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should be modified or whether the permit should be revoked. Action by
the City Council shall be final and may be appealed to the Circuit
Court of Broward County in an action for Certiorari within thirty days
of the decision of the City Council..
Any renewal or resumption of excavation shall be required
to be subject to a permit for new excavation, and the issuance of such
a permit shall be subject to payment of all unpaid fees and all require
ments of this Article for a new permit.
III. EXCAVATION PERMITS - PLANS AND SURVEYS
1. Application for excavation permits shall be accompanied by
a plot plan containing the following:
a. Property owned or controlled by the applicant with
reference to streets, highways and continguous platted areas within two
hundred and twenty feet of the edge of the proposed excavation.
b. Cross sections to show approximate proposed elevation
and grades at the final outside boundaries of excavation.
c. A grading plan to show the existing ground elevations
of the land immediately adjacent to the side of the excavation and all
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of bounding streets or roads for a distance of two hundred and twenty
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feet from the edge of the proposed excavation.
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2. Upon completion of the excavation, and when there is a
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question that the excavation is in accordance with the plans approved,
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a topographical survey may be required showing elevations and cross-
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sections of the final outside boundaries of each excavation at 100-foot
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intervals.
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3. The plans, maps, elevations and cross -sections required by
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this paragraph shall be made by a Surveyor -Engineer registered as such
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by the State of Florida.
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IV. PERFORMANCE BOND
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The applicant for a permit for an excavation shall post a per-
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formance bond of $1,000 per acre of the area to be excavated not to
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exceed $100,000 per excavation conditioned upon complete compliance
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with all applicable regulations pertaining to the initiation, conduct
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and completion of excavations within a period of not more than one year
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after the said excavation has been carried to the extent authorized by
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a valid permit, or after work on said excavation has been abandoned, or
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discontinued for a period of six months or more.
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V. ZONING LIMITATIONS
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1. The use of heavy machinery for extraction and removal of
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natural material or deposits is permissible where such removal has been
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approved and authorized by permit.
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2. The land surrounding the excavation area shall be left
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suitable for future use and development purposes in accordance with the
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final grading plan and in accordance with any additional zoning regula-
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tions applicable thereto.
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VI. LOCATION
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No excavation shall be allowed within 150 feet of the future
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right-of-way line for any street nor within 50 feet of any private
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property line, provided, however, that an excavation may be extended to
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within not less than 25 feet of future right-of-way line for street,
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or not less than 25 feet of private property line if such excavation is
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clearly indicated on the plot for the excavation and the excavation is
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backfilled with suitable material to a distance not less than 150 feet
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from the future street or highway line, or not less than 50 feet from
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the private property line, as the case may be, provided, further, that)
the excavation, and slope if required, may commence at the common pro-
perty line in the case of private property if waivers are secured from
the abutting property owners.
No excavation shall be allowed within 220 feet of the future
right-of-way line of any trafficway as shown in the current Broward
County Area Trafficways Plan. However, the excavation may be extended
to within not less than 100 feet of said future right-of-way line, if
such excavation is clearly indicated on the plot plan for the excava-
tion and the excavation is backfilled with suitable material to a
distance not less than 220 feet from the future right-of-way line.
VII. PROTECTION
During the excavating operations, the premises shall be suit-
ably posted with warning signs of such character and location as may be
adequate to warn the public concerning possible hazards.
VIII. CONDUCT OF OPERATIONS
1. The grading, leveling and sloping of the final banks shall
be on a progressive basis as the project develops and the excavation
progresses. Furthermore, grading should not proceed beyond the typical
cross-section as shown on the plat plan.
2. Slopes shall not exceed 1 vertical to 3 horizontal from the
edge of excavation (top of the bank) to a minimum depth of fire feet
of water at low water elevation. If sand is encountered during excava-
tion, the vertical cut at the final bank shall be modified in;such a
manner that the required perimeter slop of 1 vertical to 5 horizontal
will be sustained and maintained.
3. 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.
4. During the entire operation, blasting shall not be used
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1 1unless a permit is obtained and appropriate fees paid as indicated on
2 the City of Tamarac fee schedule. Blasting regulations shall be in
3 accordance with State and County regulations.
4 5. The hours of operation shall be set by motion of the City
5 Council.
6 6. All excavation access roads shall be well sprinkled to
7 minimize dust, provided such sprinkling shall not be required 500 feet
8 or more from a public street or highway.
9 7. In the event of noncompliance or a hazardous condition
10 discovered by inspection of the Building Official, the Excavation Per--
11 mit may be suspended for a period not to exceed 30 days. Notice by
12 Certified Mail shall be provided to the owner or operator of the pro-
13 perty as shown on the application for the excavation permit and the
14 Broward County Tax Records of a hearing before the City Council to
15 determine the validity of the action of the Building Official. Action
16 by the City Council shall be final and may be appealed to the Circuit
17 lCourt of Broward County in an action for Certiorari within thirty days
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lof the decision of the City Council. In the event that the City
Council determines that there is a hazardous condition, the Bond may bE
called and the monies used to take necessary corrective action.
IX. CLEANING UP AND REHABILITATION
1. Upon completion of the project, the property shall be
dressed up so that it will be left in a presentable condition.
2. The perimeter of the excavation shall be properly back -
filled and graded as set forth in Section VIII 2 above.
3. 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, redistributed on the premises or backfillec
within the pit, within one year after such completion. Provided, how-
ever, that the provisions of this paragraph shall not apply to any
plants, buildings, structures, equipment or stockpiles whenever and so
long as any rock, gravel or other materials shall be available from
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other properties for processing by or through any such plants, build-
ings, structures or equipment.
X. FILLING OF EXCAVATIONS
Excavations may be filled if permit is obtained from the
Enforcing Officer, subject to the following conditions:
1. Applicant for permit and owner of property shall comply
with such terms and conditions as may be required to prevent objection
able odors and to prevent the operation from becoming detrimental to
the health, safety and general welfare of the adjacent neighborhood
and which will prevent promiscuous dumping by unauthorized persons.
2. That a top dressing consisting of not less than one foot
of clear fill shall be provided so that the property shall be in a
clean, presentable and sanitary condition.
3. That the owner of the property, and the operator, shall
post a bond in such amount as may be determined by the Enforcing
Officer as necessary to insure compliance with the terms and conditions'
as may be established for the filling permit.
4. No permit shall be issued for, or excavation or other area
filled with refuse, debris, junk; organic material or garbage unless
such use conforms to all applicable zoning resolutions and written
approval has been received from the Broward County Environmental
Quality Control Board.
XI. SITE DEVELOPMENT REGULATIONS WAIVER
The City's Site Development Regulations set forth in Section
7--2 through 7-8.6 of the City Code do not have to be complied with, and
Site Development approval as set forth in those sections of the Code
need not be obtained as a prerequisite to obtaining a permit for
excavations.
XII. PLATTING WAIVER
It is not necessary to plat the property as a prerequisite to
obtaining a permit for excavations when no rights -of -way are required.
For the purposes of this paragraph right-of-way requirements are as
set forth on the Broward County Area Trafficways Plan.
SECTION 2: CODIFICATION
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Specific authority is hereby granted to codify this
ordinance.
SECTION 3: SEVERABILITY
Should any section or provision of this Ordinance or
any portion hereof or any paragraph, sentence or word be declared
by a Court of competent jurisdiction to be invalid, such decision
shall not affect the validity of the remainder hereof as a whole
or any part hereof other than the part declared to be invalid.
P'r FTT ARI A _ nl"nC/1I rn
All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict.
r rnT T r%KI r _ rr rrf, T 1lC nATC
1J L.V 11 V 11 J LI I T V I
This Ordinance shall become effective immediately upon its
final passage.
PASSED FIRST READING THIS r U DAY OF ,1978-
PASSED SECOND READING THIS,&ZDA
ATTEST:
CITY CLERK
I HEREBY CERTIFY THAT I
have approved the form and
correctness of this ORDINANCE
ARTHUR M. BIRKEN, CITY ATTORNEY
OFM