Sec. 22-106. - Title and citation.

This article shall be known and may be cited as the "Collier County Excavation Regulations".

(Ord. No. 04-55, § 2.E.)

Sec. 22-107. - Purpose.

The purpose of this article is to establish a reasonable regulatory framework to regulate excavations within the county so as to minimize any potentially adverse impacts of the excavation activity on public health, safety and welfare of the citizens of this county and its natural resources.

(Ord. No. 04-55, § 2.E.)

Sec. 22-108. - Applicability; permit required.

It shall be unlawful for any person, association, corporation or other entity to create, attempt to create, or alter an excavation without having obtained a permit therefor, except for public capital facility projects, or as otherwise provided herein.

(1)

Excavations are defined as the removal of any material to a depth greater than three feet below the existing grade over any area, or one foot below existing grade over an area greater than 10,000 square feet.

(2)

Excavations on undeveloped coastal barriers shall be prohibited, except as specified in section 3.03.07C. of the Land Development Code.

(Ord. No. 04-55, § 2.E.)

Sec. 22-109. - Exemptions.

The following activities, to the extent specified herein, are exempt from the requirements of these sections, provided that no excavated material is removed off-site, but are subject to compliance with all other applicable laws and county ordinances:

(1)

Earth moving in conjunction with any routine maintenance activity which restores the excavation to the final, and previously excavated, slope and depth configuration approved by the board, or with the installation of an underground utility which is to be backfilled. Material generated by such maintenance activity may be hauled off-site with administrative staff level approval, if so specified in an approval letter.

(2)

Foundations of any building or structure, providing the excavation will be confined to the area of the structure only.

(3)

Excavations relating to the accessory use of property 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.

(4)

The regrading only of any property for aesthetic purposes, including berming or contouring, that does not create a body of water or affect existing drainage patterns or remove native vegetation in excess of county standards.

(5)

Agricultural drainage and irrigation work incidental to agricultural operations (see subsection 22-110(2) for off-site hauling).

a.

Excavations incidental to agriculture surface water management and water use facilities as included in existing South Florida Water Management District permits. All excavated materials must remain on lands under the same ownership. Any transportation of materials over public roads is subject to appropriate Right-of-Way permits.

(6)

The grading, filling, and moving of earth in conjunction with road construction within the limits of the right-of-way or construction easement when the construction plans have been approved by the Collier County or state department of transportation.

(7)

Farm animal watering ponds or excavations located on single-family lots/tracts where the net property size is two acres or more are exempt from the permitting procedures contained in this article, but will require an Exempt excavation permit and must comply with all the construction standards of this article. Such exemptions apply only if excavation does not exceed one acre in area and 20 feet in depth.

Unless an excavation is located in an Agricultural zoning district, a building permit for a single-family home must be issued prior to the county issuing an Exempt excavation permit.

Activities set forth in subsections 22-109(1), (except removal of excess material) 22-109(2), 22-109(3), 22-109(5), and 22-109(6) above do not require an Exempt excavation permit. Activities set forth in subsections 22-109(4) and 22-109(7) require submittal of plans or drawings of the proposed activity to the Engineering Services Department for a formal letter of exemption.

(Ord. No. 04-55, § 2.E.; Ord. No. 2006-04, § 1)

Sec. 22-110. - Excavation review procedures.

(a)

Types of excavation permits. The permits required by this article shall be issued by the Engineering Services Department in accordance with the procedures set forth herein and shall come under one of the following categories:

(1)

Private excavations. Private excavations are considered to be an excavation on non-commercial property where the excavated material is not removed from the property and where the disturbed surface area at grade does not exceed two acres. Where more than one excavation is proposed for the same piece of property or properties under common ownership and the combined disturbed surface area exceeds two acres, the permits shall not be issued as a private excavation.

(2)

Commercial excavations. Commercial excavations are considered to be any excavation wherein the excavated material is removed from the subject property. Except that up to 4,000 cubic yards of excavated material may be removed from an agriculturally zoned site if the fill is the result of a legitimate agricultural use as defined in other sections of this Code.

All approved developments with off-site hauling activities will be considered commercial excavations. See subsection 22-110(a)(3)b. for exemption.

(3)

Development excavation. Development excavations are considered to be any excavation located within the boundaries of a planned unit development, or subdivision development, having approved construction plans (to include SDPs), or an industrial or commercial project, or where the disturbed area of an excavation exceeds two acres, but no fill is removed from the subject property for whatever purpose provided that:

a.

The excavations were clearly defined and detailed as to location, size, shape, depth and side slopes during the development's review process and, if applicable, approved by the Board after appropriate public hearings.

b.

If approved by the Board during the rezone and/or preliminary subdivision plat process, excavated material in an amount up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated may be removed from the development. Intentions to remove material must be clearly stated during the development's review and approval process.

(b)

Issuance of permits.

(1)

Issuance of private and development excavation permits. The county manager or designee may administratively approve and issue private and development excavation permits where all of the applicable standards of this article have been met. When, in his opinion, the standards have not been met, the application shall be submitted to the environmental advisory council for recommendation with ultimate approval or denial required of the Board.

(2)

Issuance of commercial excavation permits. Applications for commercial excavation permits shall be reviewed by the community development and environmental services administrator, or his designee, and by the environmental advisory council for recommendation and approved by the board. When a request is made to remove surplus fill material from a previously approved development excavation, the requirement for review by the environmental advisory council shall be waived, but dependent on haul route and amount of fill to be hauled, staff may require approval by Collier County Planning Commission.

(c)

Notice of meeting. The county manager or designee shall give prior written notice of the environmental advisory council meeting, by first class mail, as noted in subsection 22-111(a)(3)d., to all adjacent property owners (within 300 feet of the property line or within 500 feet of the excavation itself) as determined by reference to the latest official tax rolls.

For excavations located in Estates zoning districts, all owners of existing homes or homes under construction, (i.e. having broken ground on the date of submittal of the excavation permit application) within one mile of the site along the haul route must be notified in accordance with section 22-111(a)(3)d. of this Code. Such property owners may request that the item be heard by the Board of County Commissioners at a public hearing.

(d)

Excavation permit criteria. Approval by the Engineering Services Director, or his designee, and the Board shall be granted only upon competent and substantial evidence submitted by the applicant, that:

(1)

The excavation will not interfere with the natural function of any sanitary, storm or drainage system, or natural flow way, whether public or private, so as to create flooding or public health hazards or jeopardize the functions of the natural resources and environment of Collier County.

(2)

Dust or noise generated by the excavation will not cause a violation of any applicable provisions of this article. Rock crushing operations or material stockpiles that will be adjacent to any existing residential area may require separate county approval.

(3)

The excavation will not adversely affect groundwater levels, water quality, hydroperiod or surface water flow ways. The county manager or designee may require the applicant to monitor the quality of the water in the excavation and adjacent ground and surface waters. Under no circumstances shall the excavation be conducted in such a manner as to violate Collier County or applicable State of Florida water quality standards.

(4)

The excavation will be constructed so as not to cause an apparent safety hazard to persons or property.

(5)

The excavation does not conflict with the growth management plan or land development regulations adopted pursuant thereto, nor does it conflict with existing zoning regulations. Special criteria and approval procedures may be necessary for projects within the Big Cypress Area of critical state concern.

(6)

In cases where a wetland is no longer capable of performing environmental functions or providing environmental values or in cases where it is determined that no reasonable alternative exists other than disrupting a wetland, certain alterations may be allowed, except as otherwise authorized through previous county review processes.

(7)

Flow of water within and through preserved wetlands shall not be impeded.

(8)

Appropriate sediment control devices (hay bales, silt screens, etc.) shall be employed to prevent sedimentation within the wetland pursuant to the design requirements of Section 10.02.02 of the Land Development Code. Any building site adjacent to a wetland and elevated by filling, must employ the same erosion control devices. Fill must be stabilized using sod, seed, or mulch.

(e)

Other permits required. All appropriate state and federal permits or approvals for work in jurisdictional areas shall be provided to the county manager or designee prior to issuance of an excavation permit.

The excavation permit shall include authorization to remove vegetation within 20 feet of the lake control contour elevation and for the stockpile area.

(f)

Fees and guarantees. Upon Community Development and Environmental Services Administrator, or his designee, approval on behalf of the Board of County Commissioners, the applicant will, within 60 days of written notification from the Community Development and Enviornmental Services Administrator or his designee, pay the required permit/review fee, and post, if required, the appropriate performance guarantee, in a format approved by the county attorney.

Failure to pay the fees and post the guarantee within this time period shall constitute abandonment of the excavation permit application and will require complete reapplication and review in accordance with all requirements in effect at the time of reapplication, with the following exceptions:

(1)

Upon receipt of an applicant's written request with sufficient justification, as determined by the county manager or designee, and payment of a time extension fee, the county manager or designee may, one time only, authorize the extension of the permit issuance time for up to an additional 60 days.

(2)

All previously approved excavation permits that have yet to be issued by the county manager or designee become eligible for the above time extensions upon the effective date of this article.

(g)

Duration of excavation permits.

(1)

Private excavation and commercial excavation permits located in Estates zoning districts shall be valid for a period of 12 months from the date of issuance. If the work is not completed in that time, a second application, with a reapplication fee must be submitted to the county manager or designee, requesting up to an additional 12 months to complete the excavation. If the county manager or designee finds sufficient good cause to grant the request, a permit extension will be issued.

(2)

Commercial and development excavation permits will be of indefinite duration or until the excavation reaches the limits of the permitted size, provided the excavating operation remains active in accordance with the requirements of this article. Thirty (30) days prior to anniversary date of permit, an annual status report, a renewal fee, and a 12 month inspection fee, set by resolution, shall be required.

(h)

Excavation application time limit for review. Excavation application, once deemed complete and sufficient, will remain under review so long as a resubmittal in response to County reviewers' comments is received within 270 calendar days from the date on which the comments were sent to the applicant. If a response is not received within this time, the application for the excavation review will be considered withdrawn and cancelled. Further review of the project will require a new application and payment of new application fees subject to the then current regulations.

(Ord. No. 04-55, § 2.E.; Ord. No. 2006-04, § 2)

Sec. 22-111. - Application requirements for excavation permits.

(a)

Unless otherwise directed, one copy of all required application documents shall be submitted to the county manager or designee on a form to be supplied by Collier County. The application shall include, but not be limited to, the following information:

(1)

The name, address and telephone number of the applicant or his agent, and, if known, the excavator.

(2)

Proof of ownership, legal description and location of the property involved. A small location map, drawn on 8½-inch by 11-inch paper, shall accompany the application, clearly showing the location of the proposed excavation(s) in relation to commonly recognized landmarks.

(3)

A signed Excavation Application provided by the County and completed by the applicant or his agent which includes:

a.

A statement that he has read this article and agrees to conduct the excavation in accordance with this article, this Code and other county and state codes and laws.

b.

A statement of the purpose of the excavation and intended use of the excavated material.

c.

Exhibits prepared and sealed by the project's surveyor/engineer showing:

1.

The boundaries of the property.

2.

Existing grades on the property.

3.

The level of the mean annual high and low water table with supporting information relative to how elevations were determined.

4.

The grades which will exist following the completion of the excavation.

5.

The volume of the excavation as measured from the natural grade.

6.

Easements, existing utilities, roads and setbacks, and zoning.

7.

Drainage and flowways.

8.

Aerial limits of any special site vegetation such as mangrove, cypress or other wetland species.

9.

For development and all commercial excavations, logs of soil auger borings with field classification shall be provided, unless existing recent data is available and provided to the county manager or designee, for use in determining minimum and maximum depths and appropriate side slope configurations and evidence of any confining layers, (this latter to determine if on-site or adjacent wetlands are "perched".) The depth of the soil auger borings shall extend to a point at least one foot below the proposed bottom elevation of the excavation, and shall be of at least the following density according to size of each excavation; zero to four and nine-tenths acres/two locations; five to nine and nine-tenths acres/three locations; ten acres or more/three locations plus one for each additional 20 acres or fractional part thereof.

10.

For private excavations, two auger borings or a simple machine excavated hole to a depth of 13 feet below the wet season water table must be submitted.

11.

For commercial excavations, the site must be posted with a notification of the date, time, and location of the public hearing before the board of county commissioners.

12.

For commercial excavations located in Estates zoning districts, a list of homeowners and a map of all existing dwellings and dwellings under construction (i.e. having broken ground on the date of submittal of application) adjacent to the haul route, and one mile in any direction, must be submitted for notification to the Community Development Division Engineering Services Department along with envelopes having postage for two ounces and addressed to the owners of those dwellings or dwellings under construction.

d.

If the project is to be submitted to the Environmental Advisory Council, a list of the names and addresses, obtained from the latest official tax rolls, of all owners or owner associations of property within one-fourth mile of the excavation or on-site vehicle access route or within 300 feet of the property lines of the property on which the excavation is to be performed, whichever is less, must be submitted to the Engineering Services Director or designee. The applicant shall also furnish the Engineering Services Director or designee with said owners' names and addresses on pre-addressed four inches by nine and one-half-inch envelopes with first class, plus one additional ounce, postage ready for mailing.

e.

Water management plan detailing methods for the conservation of existing on-site and off-site surface drainage systems and groundwater resources. Copies of an appropriate surface water management permit and/or water use permit (dewatering) as required and issued by the South Florida Water Management District shall be provided to the county manager or designee prior to commencing the excavation operation.

f.

If excavated material will be removed from the property, and unless, due to site-specific circumstances, the requirement is waived by transportation operations director, a traffic and road impact analysis will be made by the applicant to address the following:

1.

Identifying the project's zone of influence, that is, the distance from the site that traffic is either generated from or attracted to.

2.

The existing condition of the road system within the excavation project's zone of influence.

3.

The capacity of the road system within the zone of influence to handle existing traffic, normal growth in the traffic, and additional traffic generated from the excavation project in consideration of the time frame of the traffic generation and the wheel loadings of such traffic.

4.

The site-specific road work within the zone of influence which is necessary prior to the start of the project and which will be necessary during the project so as to assure that premature road failure and/or severe road damage will not occur.

5.

Road work to be undertaken by the applicant to mitigate adverse road impacts along with confirmation of the security, if applicable, to be provided by the applicant to assure completion of the identified road work. Any and all security and/or performance guarantee required in excess of $100,000.00 as set forth in the road use analysis shall be secured or guaranteed prior to Excavation permit issuance.

Should there not be concurrence by transportation operations director and the applicant, about the improvements, maintenance, performance guarantee and/or other requirements on the part of both parties based on the road impact analysis, the permit application along with applicable information shall be subject to review and recommendation by the Collier County Planning Commission followed by review and action by the board.

g.

The permittee may provide a phasing plan whereby the required performance guarantee may be reduced provided that security requirements are met in the first phase. No excavation shall take place in future phases until either the first phase is completed and approved by Collier County or additional security requirements are provided for the future phase(s) of work. Performance guarantees for platted lakes shall be in an amount equal to the engineer's certified construction estimate.

h.

Should blasting be necessary in conjunction with the excavation, all blasting shall be done under an approved Collier County user/blaster permit with no overburden removed prior to blasting from the area planned for excavation unless otherwise approved by the county manager or designee. Said permits shall be obtained from the Collier County Engineering Services Department. Should approval for blasting not be granted to the applicant, the applicant shall remain responsible to meet any and all requirements of an approved excavation permit unless the subject excavation permit is modified in accordance with this article.

i.

If trees are to be removed as a result of the excavating operation, a simultaneous submittal shall be made to the Environmental Services Department. Approval by Environmental Services staff will constitute a permit for removal of the vegetation when the excavation permit is granted.

j.

If the application is made by any person or firm other than the owner of the property involved, a written and notarized approval from the property owner shall be submitted prior to processing of the application.

(Ord. No. 04-55, § 2.E.; Ord. No. 2006-04, § 3)

Sec. 22-112. - Construction requirements for excavations.

All requirements of the South Florida Water Management District, Permit Information Volume IV, along with the following requirements, shall apply to all excavations.

(1)

Setbacks. Excavations shall be located so that the control elevation contour of the excavation shall adhere to the following minimum setback requirements: Exception, where an excavation crosses common parcel or property lines, the setback requirements are exempt at the contiguous property lines.

a.

Fifty feet from the right-of-way line or easement line of any existing or proposed, private or public, street, road, highway or access easement. Exceptions to the above-referenced setbacks may be developed and shall be subject to final approval by the development services administrator or his designee. Said exceptions shall be based upon recognized standards for traffic engineering and road design (AASHTO and/or Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, State of Florida) and shall incorporate such factors as road alignment, travel speed, bank slope, road cross section, and need for barriers. However, lakes immediately adjacent to "T intersections" shall be located based on a specific design analysis by the applicant's engineer which provides for safety and traffic considerations at the intersection.

b.

Fifty feet from side, rear, or abutting property lines, except where the excavation is located in agriculturally or industrially zoned districts abutting a residentially zoned district, the setback shall be 100 feet from the residentially zoned property. Exceptions to these setbacks may be granted if the following criteria are met: installation of proper fencing (minimum six feet chain link), berms, walls, or other engineered protective measures for the portion of the property line within 100 feet of the lake. The minimum setback from any property line to the control elevation contour shall be 20 feet.

c.

From jurisdictional wetlands setbacks will be determined using standards set by SFWMD or the Department of Environmental Protection, as applicable.

(2)

Side slopes. The finished side slopes of the excavated area, expressed as the ratio of the horizontal distance in feet to one foot of vertical drop, shall be as follows:

A maximum four to one slope shall be graded from the existing grade to a breakpoint at least ten feet below the control elevation. Below this breakpoint, slopes shall be no steeper than two to one.

a.

All governing side slopes shall be considered from 20 feet outside the control elevation contour of the resulting excavation.

b.

If rock, homogenous to the bottom of the excavation, is encountered at any elevation above the breakpoint, then the remaining slope below the breakpoint shall be no steeper than 0.5 to one. If said homogenous rock is encountered below the breakpoint, then the slope below the breakpoint shall be no steeper than two to one to the rock elevation, and no steeper than 0.5 to one from the rock elevation to ten feet below the control elevation.

c.

In the event that property where a commercial or exempt agricultural excavation was previously excavated is rezoned/developed for uses other than agriculture, the excavation shall be modified to the standards for development excavations in accordance with the requirements of subsection 22-112(b) or other criteria as may be more stringent.

d.

Exceptions to the side slope requirements that may be justified by such alternatives as artificial slope protection or vertical bulkheads shall be approved in advance by the Engineering Review Services Department Director, where justification shall be documented in a design analysis prepared by a professional engineer registered in the State of Florida. Bulkheads may be allowed for no more than 40 percent of the shoreline length. Exception to the breakpoint depth may be granted by the Engineering Services Department based on historical water elevation data.

e.

No building construction permits will be issued for any proposed construction around the perimeter of any excavation where the minimum clearance between the excavation top-of-bank and the proposed building foundation is less than 30 feet, unless and until all side slopes adjacent to the proposed construction have been completed and approved by the county manager or designee. Exceptions to this requirement will be made in those instances where the perimeter of the excavation will be bulkheaded in accordance with the provisions of subsection 22-112(b)(4).

(3)

Depths. Unless site conditions, water quality or soil information indicates otherwise, the excavation depths as measured from the permitted control elevation shall be as follows:

a.

Maximum. Private and development excavations shall not exceed 20 feet in depth unless computations using the "fetch formula" of maximum depth = 5 feet + (0.015) x (mean fetch in feet) indicate that deeper depths are feasible. The mean fetch shall be computed as follows: (A+B)/2 where "A" is the average length parallel to the long axis of the excavation and "B" is the average width of the excavation as measured at right angles to the long axis.

Commercial excavations shall not exceed 20 feet in depth unless otherwise supported by the "fetch formula", or if it can be shown from a comparative water quality study that depths in excess of 20 feet will not, because of aquifer conditions or relative location to coastal saline waters, have a detrimental effect on the groundwater resources in the surrounding area.

b.

Minimum. In order to assure that unsightly conditions or undesirable aquatic growth will not occur in wet retention areas during the dry season of the year, the bottom elevation of these excavations shall be at least six feet below dry season water table, unless the portion of the lake in question is a littoral zone planting area.

c.

Over-excavation. In those instances where the excavator over-excavates the depth of the excavation by more than an average of ten percent, written justification shall be submitted to the county manager or designee by the project's surveyor/engineer providing an assessment of the impact of the over-excavation on the water quality of the excavation. If, upon review of the assessment statement by the county manager or designee and Environmental Advisory Council, the increased depth is found to be unacceptable, the permittee shall be required to fill the excavation to the permitted depth with materials and methods approved by the county manager or designee. If the depth is deemed acceptable by the county manager or designee and approved by the environmental advisory council, a penalty will be against the permittee for the volume of over-excavated material. The penalty shall be set by resolution for each additional cubic yard of excavated material.

(4)

Fencing. If, at any time, the county manager or designee finds that the location and conditions of an excavation are not in, or able to be brought into, compliance with all requirements of this article, the excavation shall be buffered with a minimum of a six-foot-high fence with "No Trespassing" signs as deemed appropriate by the county manager or designee to deter passage of persons.

(5)

Hours of operation. Hours of equipment and blasting operations shall be regulated by appropriate county ordinance and state laws. Unless otherwise approved by the county manager or designee, all excavation operations with the exception of dewatering pumps, which are within 1,000 feet of developed residential property, shall be limited to operating hours between 7:00 a.m. and 5:00 p.m., Monday through Saturday. Hours of operation for private and for commercial excavations located in Estates zoning districts shall be 7:00 a.m. to 5:00 p.m., Monday through Friday. Additionally, such excavation operations shall be in compliance with any and all county ordinances which establish operating controls by hours, days, noise level, or other parameters relating to public health, safety and welfare.

(6)

Restoration. Upon completion of the excavation operation, the subject property shall be restored as required by the 1986 State of Florida Resource Extraction Reclamation Act (F.S. ch. 378, pt. IV). Reclamation shall mean the reasonable rehabilitation of the total disturbed area where the resource extraction has occurred, and shall meet the reclamation performance standards established by the state. All disturbed areas, including the excavation side slopes above the control elevation contour and a 20-foot wide area around the entire perimeter of the excavation, measured from the control elevation contour, shall be sodded or fertilized and seeded with a quick-catch seed variety approved by the county manager or designee within 60 days of the final side slope shaping in order to minimize the potential for erosion.

(7)

Discontinuance of operations. If the excavating operation is inactive for a period of 90 consecutive days, except due to strikes or acts of God, all side slopes, including the working face, shall conform with this article and a report so stating, prepared and sealed by the project's surveyor/engineer shall be submitted to the county manager or designee. Recommencement shall also be reported to the county manager or designee. If the excavating operation is never started or if discontinued for a period of one year, that permit is void unless a written request is made by the permittee with sufficient justification for a time extension in which case the county manager or designee may authorize a permit extension for up to 180 days. A new permit must be approved prior to commencement.

(8)

Non-water management system lakes. Non-water management system lakes of a surface area of one acre or less, may be riprapped along their entire shoreline under the following conditions:

a.

Side slopes shall be no steeper than a ratio of two to one.

b.

Littoral shelf areas must conform to section 3.05.10 of the Land Development Code.

c.

Riprapping must extend down to the slope breakpoint required by subsection 22-112(2).

d.

The lake shall have protective barriers to prevent vehicular access where necessary.

e.

The lake shall meet all of the design requirements of this article and section 3.05.10 of the Land Development Code.

(9)

Amendments to approved excavations. Substantial changes to any approved excavation permit, (i.e. changes resulting in an increase of 20 percent or more in excavated volume resulting in less than 50,000 additional cubic yards), must be submitted to the Engineering Services Department for review and approval, with such approval granted in writing prior to commencement of any proposed change. Littoral shelf areas must conform to section 3.05.10 of the Land Development Code. Failure to comply with the permit requirements shall be cause for the county manager or designee to issue stop work orders on all excavation related activities taking place or planned for the subject property. Insubstantial changes shall not require prior written approval and shall include reductions in surface area not affecting water management design quantities of material to be removed. A written description of proposed insubstantial change (including an illustrated as-built as per the excavation permit) to any approved excavation shall be submitted in writing to the Engineering Services Department.

(10)

Special requirements for commercial excavations located in Estates zoning districts are as follows:

a.

Commercial excavations must be authorized by a conditional use permit for the parcel(s) where the excavation occurs.

b.

Conditional uses and excavation permits expire after one year, with a provision for one additional one-year extension upon payment of renewal and inspection fees.

c.

Blasting will not be permitted. If test holes show that rock is less than 12 feet from the original grade, removal methods must receive staff approval.

d.

Hours of operation for digging and/or off-site hauling will be 7:00 a.m. to 5:00 p.m., Monday through Friday.

e.

All areas disturbed as a result of fill storage must be seeded and mulched upon completion of construction. Prior to release of the performance bond, the planted seed must reach a height of six inches. Rye grass is acceptable for this purpose.

f.

Lake location and size. For parcels five acres in size and smaller, the surface of the lake can occupy a maximum of 40 percent of the lot area.

For parcels over five acres and up to ten acres, the surface area of the lake can occupy a maximum of 45 percent of the lot area.

For parcels over ten acres, the surface area of the lake can occupy a maximum of 50 percent of the lot area.

Finished lakes shall be irregularly shaped with no comers less than 40 feet in radius, and must otherwise conform to section 5.05.08 of the Land Development Code.

Setbacks less than 50 feet from control elevation contour to property line are allowed if proper fencing (72 inches high and "childproof") is used. Under no circumstances will a setback of less than 20 feet from control elevation contour to property line be allowed. There shall be no exceptions to the 50 foot front yard setback from the road right-of-way line.

g.

Depths. Commercial excavations located in Estates zoning districts shall not exceed 20 feet in depth. The minimum depth shall be 6 feet below low water at the middle of the excavation. See subsection 22-112(1) for exceptions.

h.

Sideslopes shall be no steeper than one foot vertical to four feet horizontal to a depth of ten feet below control elevation and may be as steep as one foot vertical to two feet horizontal below that elevation. Exception to the breakpoint depth may be granted by the Engineering Services Department based on historical water elevation data.

i.

Building envelope. A minimum one-acre building envelope is required. The envelope shall be contiguous, rectangular in shape, and may extend to the property lines and include setbacks. The minimum dimension of any side of the rectangle shall be 150 feet.

j.

Stockpiles. The stockpile area may occupy the future homesite. Proper erosion control and sediment measures (meeting PDES standards) must be used at the stockpile site.

k.

Littoral zone plantings must conform to section 3.05.10 of the Land Development Code.

l.

Federal and state agency permits. Any excavation in an area containing SFWMD (Southwest Florida Water Management District), DEP (Department of Environmental Protection) or USACE (United States Army Corps of Engineers) jurisdictional vegetation must obtain a permit from the applicable agency prior to issuance of the excavation permit.

(11)

Erosion control. Upon completion of any lake construction, a silt fence must be installed around all portions of the lake which are contiguous to proposed new construction. Portions of the silt fence may be removed after the new construction (i.e. residences, roads, drainage) adjacent to that section of silt fence has been approved. Alternate means of erosion control, meeting federal and state standards, may be approved by the Engineering Services Director, or designee, upon submittal of a plan showing the proposed erosion control method.

(Ord. No. 04-55, § 2.E.; Ord. No. 2006-04, § 4)

Sec. 22-113. - Inspection and reporting requirements.

(a)

Inspection.

(1)

Collier County personnel, having given reasonable advance notice, shall have the right to enter the property permitted for excavation and to carry out monthly inspections of the excavation site, which may include the collection of water samples to determine compliance with the provisions of this article and any special conditions attached to the excavation permit as issued by Collier County.

(2)

Upon reasonable notice from Collier County personnel that an inspection is to be conducted, which requires the assistance and/or presence of the permittee or his representative, the permittee or his representative shall be available to assist and/or accompany county personnel in the inspection of the excavation site.

(3)

Collier County personnel are not obligated to carry out a detailed topographic survey to determine compliance with this Article. Upon a finding of violation of this Article or the special conditions of the excavation permit, the county manager or designee shall advise the permittee in writing by certified letter. The permittee shall, within 15 days of receipt of such notice, have either the violation corrected or submit in writing why such correction cannot be accomplished within the 15-day period. Such written communication shall also state when the violation is to be corrected. If, in the opinion of the county manager or designee, the delay in correcting the violation is excessive, he may recommend to the board that the excavation permit be temporarily suspended or permanently revoked. Upon correction of the violation, the permittee may be required by the county manager or designee to have an appropriate report, letter and/or survey, whichever is applicable, prepared, sealed and submitted to Collier County by the project's engineer/surveyor. Failure to do so shall be cause for revoking the permit.

(4)

Monthly inspections by county personnel will be conducted for all commercial, development, and private excavations.

(b)

Reporting.

(1)

Status reports. The permittee shall provide the community development and environmental services administrator, or his designee, with an excavation activities status report as follows:

a.

Private and commercial excavations located in Estates zoning district. A final status report within 30 days after the final completion of the excavation.

b.

Development and commercial excavations. An annual status report every 12 months over the duration of the permit and a final status report within 30 days after the final completion of each phase of the excavation. If a final status report will be filed within four months of the required annual status report, then the need for the preceding annual status report shall be waived.

The final status report shall consist of no less than the following information, and such other information as may be deemed necessary by the community development and environmental services administrator, or his designee, to accurately determine the status of the excavation, its compliance with this Article and the special conditions of the excavation permit:

1.

A sealed topographic survey prepared by the project's surveyor/engineer, containing the following:

a)

A base line along the top of the perimeter of the excavation, clearly referenced to known points and adjacent property or tract lines, if appropriate, with right angle cross sections taken which clearly show the as-built side slope and depth of the excavation at each station. Unless otherwise approved by the county manager or designee, cross sections shall be taken every 100 feet on excavations five acres or less, and every 300 feet on excavations over five acres. Partial cross sections showing the as-built side slopes will be necessary on the ends of the excavation and around the perimeter of the excavation where due to its irregular shape, the base line right angle cross sections do not accurately depict the actual constructed slopes. The cross section survey data shall be plotted at an appropriate scale and the as-built side slope ratio computed for each of the segments between the survey data points. The approved design cross section, including the breakpoints, shall be superimposed on each as-built cross section to facilitate visual verification of substantial compliance with provisions of this article. Side slopes shall be graded to within a reasonable tolerance as will be determined by the county manager or designee, depending upon local site conditions.

b)

On all planned unit development or subdivision projects, the outline of the excavation's top-of-bank shall be accurately plotted and referenced to known control points in order that:

i)

The surface area can be verified as meeting size and retention/detention storage needs. The computed surface area at control elevation shall be shown to the nearest tenth of an acre.

ii)

It can be determined that the excavation was constructed within easements dedicated for that purpose.

c)

Calculation of value of excavated material as follows: Cubic yards used on site + Cubic yards removed from site + Cubic yards remaining on site in stockpiles = Total cubic yards excavated.

2.

A certification from the project's surveyor/engineer stating that they have visually inspected all dikes around any dewatering storage areas, if any, and have alerted the permittee of any apparent weak spots or failures which shall be promptly corrected by the permittee to assure that there will be no potential for dike rupture that would cause off-site flooding.

3.

A certification from the project's surveyor/engineer shall accompany all final completion status reports stating that, based on their observations and surveys, all work on the excavation(s) was completed within reasonably acceptable standards of this article and any special stipulations placed upon the excavation permit.

4.

The annual status report shall consist of no less than the following information, and such other information as may be deemed necessary by the community development and environmental services administrator, or his designee, to accurately determine the status of the excavation, its compliance with this article and the special conditions of the excavation permit:

a)

An annual aerial photograph with a scale of no less than one-inch equals 200 feet.

b)

Depth of excavation soundings taken on a 300-foot grid.

c)

The property lines of the commercial excavation site as shown on an aerial photograph.

d)

At the completion of any lake or phase of the excavation permit, a sealed topographic map by the project surveyor/engineer shall be submitted in conformance to the preceding subsection 22-113(b)(1) b.1.a).

(Ord. No. 04-55, § 2.E.; Ord. No. 2006-04, § 5)

Sec. 22-114. - Fees.

(a)

Application fee. A nonrefundable and nontransferable application fee shall be paid at the time of application for private, commercial or development excavation permits to cover the costs of processing the application. Should a road impact analysis be required in accordance with subsection 22-111(a)(3)f. of this article, the application fee shall be increased to cover the cost of the road impact analysis.

(b)

Permit/review fee. Within 60 days after approval notification and prior to its issuance, an additional nonrefundable and nontransferable permit/review fee shall be paid to cover the cost of the project and plan reviews.

(c)

Time extension fee. Each written request for the extension of permit issuance time shall be accompanied by a nonrefundable time extension fee to cover the costs of processing the request and the county manager or designee shall not consider the request received until this extension fee is paid in full.

(d)

Reapplication fee. If a private excavation is not completed within a 12-month period, a second application and a nonrefundable reapplication fee must be submitted to the county manager or designee.

(e)

Annual renewal fee. Annual status reports filed on development or commercial excavations shall be accompanied by an annual nonrefundable renewal fee to cover the cost of reviewing the annual status report.

(f)

Monthly inspection fee. A monthly inspection fee, paid in advance for 12 months, and due prior to issuance of a permit and then due 30 days prior to the anniversary date of the permit, shall be required for all private, development, and commercial excavations. If the excavation is completed and approved with monthly inspection fees remaining, the remaining fees will be returned.

(g)

All fees required by this Ordinance shall be set by resolution.

(Ord. No. 04-55, § 2.E.; Ord. No. 2006-04, § 6)

Sec. 22-115. - Performance guarantee requirements.

(a)

Upon approval of any commercial or development excavation permit, but prior to the issuance thereof, the applicant shall, after notification that the permit has been approved, execute an excavation performance security agreement stating that the applicant will comply with the provisions of this article and the permit. Governmental entities shall be exempt from this requirement except for independent special-purpose government such as a community development district (CDD). Excavation performance security shall be required of an independent special-purpose government in accordance with subsection 22-115(a)(3). The excavation performance security agreement shall be guaranteed by one of the following three methods:

(1)

Excavations performed in conjunction with a planned unit development or subdivision development where excavated materials are not removed from the boundary of the development and the plan for revised topography has been approved by the county manager or designee may be guaranteed by a subdivision completion bond in accordance with Chapter 10 of the Land Development Code governing the final platting of a subdivision.

(2)

All other excavations shall, within 60 days after approval notification, have their performance guaranteed by: (a) a cash deposit or certificate of deposit assigned to the Board of County Commissioners, (b) an irrevocable letter of credit or surety bond. Unless otherwise approved by the county manager or designee, certificate assignments or letters of credit shall be documented on forms to be provided by Collier County. The performance guarantee posted for on-site excavation activities shall be in an amount of no less than $25,000.00, nor more than $1,000,000.00 computed at the rate of $20.00 for sand and $100.00 for rock per foot of total lake bank perimeter to be excavated to ensure compliance with the provisions of this article, but such performance guarantee shall not act to limit any guarantees required for off-site road impacts that may be necessary in accordance with subsection 22-111(a)(3)f.

The County may require the performance guarantee posted for on-site excavation activities to be recomputed at any time during the project construction for completed, approved lakes and/or the addition of lake bank perimeter. The recomputed rate shall not be less than $25,000.00, nor more than $1,000,000.00. This performance guarantee shall not be returned until the final approval of the excavation has been granted.

(3)

The excavation performance security for an independent special-purpose government such as a community development district (CDD) shall be in the following form:

a.

Funds held by the bond trustee for a community development district which are designated for excavation improvements. The CDD shall enter into an excavation performance security agreement with the county in a form acceptable to the county attorney. The excavation performance security agreement shall provide that: (a) all permits required for the construction of the excavations(s) shall be obtained by the CDD prior to excavation permit issuance by Collier County, (b) the project as defined in the CDD's bond documents must include the excavation improvements and cannot be amended or changed without the consent of the county, and (c) the developer shall be required to complete the excavation improvements should the CDD fail to complete same.

(b)

The performance guarantee shall be executed by a person or entity with a legal or financial interest in the property and shall remain in effect until the excavation and the requirements of section 3.05.10 of the Land Development Code are completed in accordance with this article. Performance guarantees may be recorded in the official records of the county and title to the property shall not be transferred until the performance guarantee is released by the county manager or designee.

(c)

All performance guarantees shall be kept in continuous effect and shall not be allowed to terminate without the written consent of the county manager or designee.

(d)

Should the county find it necessary to utilize the performance guarantee to undertake any corrective work on the excavation, or to complete the excavation under the terms of this article, or to correct any off-site impacts of the excavation, the permittee shall be financially responsible for all legal fees and associated costs incurred by Collier County in recovering its expenses from the firm, corporation or institution that provided the performance guarantee.

(Ord. No. 04-55, § 2.E.; Ord. No. 2006-04, § 7)

Sec. 22-116. - Appeals.

All actions of the county manager or designee shall, if at all, be appealed to the board. Any applicant who is aggrieved by the action of the board relative to the issuance of a permit, or any person adversely affected by the issuance of a permit may challenge said action or issuance by appropriate action in a tribunal or court of competent jurisdiction within 30 days from the date of said issuance or action. Failure to file an appropriate action within the prescribed time limit shall operate as a bar to, and waiver of, any claim for relief.

(Ord. No. 04-55, § 2.E.; Ord. No. 2006-04, § 8)

Sec. 22-117. - Penalties and enforcement.

In addition to the over-excavation penalty provided in subsection 22-112(3)(c), any person who violates any section of this article shall be prosecuted and punished as provided by F.S. § 125.69. Each day a violation exists shall be considered a separate offense. The board or any persons whose interests are adversely affected may bring suit, in the Circuit Court of Collier County, for damages or to restrain, enjoin or otherwise prevent the violation of this article. The county manager or designee is vested with the authority to administer and enforce the provisions of this article and is authorized to take action to ensure compliance with, or prevent violation of, the provisions of this article, and shall have authority to issue administrative stay orders. Failure to file timely status reports with accompanying permit renewal fees and inspection fees, or failure to keep the performance guarantee in continuous effect shall be cause for the county manager or designee to issue stop work orders on all improvements or planned improvements for the subject property.

(Ord. No. 04-55, § 2.E.; Ord. No. 2006-04, § 9)

Sec. 22-118. - Severability.

It is the intention of the board that each separate provision of this article shall be deemed independent of all other provisions herein, and it is further the intention of the board that if any provisions of this article be declared to be invalid, all other provisions thereof shall remain valid and enforceable.

(Ord. No. 04-55, § 2.E.)

Sec. 22-119. - Compliance with state and federal permits.

The issuance of a permit in accordance with the provisions of this article is not intended to preclude the right or authority of any other federal or state agency from requiring separate permits in accordance with rules and regulations of that agency. In a case where multiple permits are required, the most stringent stipulations and requirements of each permit shall govern the work permitted under this article.

(Ord. No. 04-55, § 2.E.; Ord. No. 2006-04, § 10)

Sec. 22-120. - Variances.

(a)

Any person who is affected by the lake location and sizing requirements of this subsection may make application to the County Manager, or his designee, for a variance if strict compliance with this subsection will impose a unique, unnecessary and inequitable hardship on the person or the affected property. Relief may be granted only upon submitted proof that such hardship is peculiar to that person or that affected property, the problem is not self-imposed, and that the granting of the variance would be consistent with the general intent and purpose of this sections and the variance is the minimum variance necessary to eliminate the hardship.

(1)

The County Manager, or his designee, is the only person authorized to grant or deny variances for the lake location and sizing requirements. The County Manager, or his designee should render a decision on the variance request within ten working days after actual receipt of a complete application. Denial of a variance request may be appealed to the Board of Zoning Appeals within ten working days of actual receipt by the applicant of the decision of the County Manager, or his designee on the initial request.

(2)

An application for variance, and/or the granting of a variance, shall operate prospectively and shall not affect any then pending enforcement action against the property owner pursuant to the provisions of this subsection or otherwise.

(Ord. No. 2006-04, § 11)

Secs. 22-121—22-160. - Reserved.