Sec. 22-397. - Size limitation.
Sec. 22-398. - Special permit.
Sec. 22-399. - Permit application requirements and conditions.
Sec. 22-400. - Application review; approval, delay or denial; appeal.
It shall be unlawful for any person to transport a building over or across roadways in the unincorporated area of the county or over or across roadways maintained by the county but which lie within municipal boundaries in the county without first obtaining from the public works administrator/county engineer a standard building transport permit or a special building transport permit, as applicable.
(Ord. No. 85-14, § 3)
Sec. 22-397. - Size limitation.
The public works administrator/county engineer is hereby authorized to issue a standard building transport permit, in conformance with the provisions of this article, where the following criteria are met:
(1)
The maximum overall building width does not exceed 30 feet excluding eaves;
(2)
The maximum overall building length does not exceed 65 feet, excluding tractor and beams; and
(3)
The maximum overall building height does not exceed 18 feet.
(Ord. No. 85-14, § 4)
Sec. 22-398. - Special permit.
(a)
The public works administrator/county engineer is hereby authorized to issue a special building transport permit, in conformance with the provisions of this article, where the building to be transported meets any of the following criteria:
(1)
The building is wider than 30 feet;
(2)
The building is longer than 65 feet;
(3)
The building is of a height greater than 18 feet;
(4)
The building is a multistory building;
(5)
The building has not been completed and occupied, in one location, for a period of one year or more;
(6)
Any building to be transported on a Saturday, Sunday or legal holiday (New Years, Memorial Day, Independence Day, Veterans Day, Thanksgiving and Christmas);
(7)
Any building to be transported any day between 7:00 a.m. and 9:00 a.m. or between 4:00 p.m. and 6:00 p.m.; or
(8)
The building is required to be permitted by special building transport permit in accordance with any other section of this article.
(b)
The date and time that a building is transported pursuant to a special building transport permit shall be specified by the state department of transportation, the county engineering department and affected law enforcement agencies.
(c)
The public works administrator/county engineer shall at all times have the authority to require that a special building transport permit be obtained by the mover where the public works administrator/county engineer deems it necessary due to special circumstances or conditions which cause or may cause a danger to the health, safety or welfare of the general public. The public works administrator/county engineer shall further have the authority to require that the mover make all reasonable efforts to minimize or eliminate a hazard or danger which is deemed to exist or which may exist in the opinion of the public works administrator/county engineer.
(Ord. No. 85-14, § 5)
Sec. 22-399. - Permit application requirements and conditions.
(a)
A permit application with instructions shall be obtained from the office of the public works administrator/county engineer. The completed application must include, but is not limited to, the following data and information:
(1)
Evidence of compliance with county building codes, including:
a.
Approval of the building to be moved in accordance with applicable building codes.
b.
Approval of a building permit for the new location to which the building is being moved.
(2)
A sketch indicating the route to be followed in sufficient detail to confirm road intersections, existing utilities, and horizontal and vertical clearance data.
(3)
The size, height, width, and type of building to be transported.
(4)
The equipment to be utilized in transporting the building.
(5)
The approximate time of day or night the building is to be transported.
(6)
The approximate time necessary for transporting the building.
(7)
Proof of compliance with the bond requirements as set forth in section 22-401
(8)
Any information or data required by the public works administrator/county engineer in order to fully review or evaluate any special circumstances which may be involved in the transport of the applicant's building.
(b)
Upon completion of the application, the applicant shall process the application through the following agencies for notification and/or approval:
(1)
The county sheriff's department and the Florida Highway Patrol to assure route control and implementation of necessary safety measures.
(2)
The county public services division to assure notification of applicable fire and ambulance services.
(3)
Utility companies whose facilities cross the proposed route to assure that satisfactory arrangements have been made relative to all clearances and possible damage to facilities.
(4)
State department of transportation to assure clearance as applicable to state roads.
(5)
Other agencies and/or property owners as applicable to the route and building move. Example: City of Naples as applicable to private roadways, etc.
(6)
Final processing shall be to the office of the public works administrator/county engineer for review of the proposed route with regard to traffic volumes, width of pavement, possible damage to signs, signal systems and structures, etc.
a.
A field review of the route may be required at the discretion of the public works administrator/county engineer.
b.
The mover shall notify the public administrator/county engineer's office of the exact time of the scheduled movement at least 24 hours prior to movement in order that an inspection of the route may be made before and following the building move to determine damages.
(Ord. No. 85-14, § 6)
Sec. 22-400. - Application review; approval, delay or denial; appeal.
(a)
When the permit application has been completed and all permit requirements addressed, the application shall be submitted to the office of the public works administrator/county engineer for final review.
(b)
The public administrator/county engineer or his designee, within ten working days thereafter, shall either:
(1)
Approve the application; or
(2)
Notify the applicant in writing of the reasons for the delay or denial.
a.
If a delay is necessary, the reasons for the delay and any additional necessary information shall be explained to the applicant mover in writing.
b.
If additional necessary information is not supplied by the applicant within 30 days after being notified, the notification of delay shall constitute a notice of denial.
Where the public works administrator/county engineer denies the issuance of a permit, the applicant may appeal by filing a written notice of appeal with the board of county commissioners within ten working days after notification of denial. The applicant may then appear before the board and present facts supporting his position. Thereafter, the decision of the board of county commissioners shall be final.
(Ord. No. 85-14, § 7)
(a)
The public works administrator/county engineer, as a condition precedent to the issuance of any permit, shall require any mover making application for movement of a building to post either a cash or surety bond. The bond shall meet with the approval of the public works administrator/county engineer; and, unless otherwise required by the public works administrator/county engineer, the amount of the bond posted shall be a minimum of $10,000.00.
(b)
The bond shall indemnify the county and private property owners against any damage caused by the moving of such building over highways, streets or roadways, curbs, sidewalks, under and around shade trees, and any other property which may be affected by the movement of a building. Such a bond shall also be conditioned upon the mover's performance as follows:
(1)
Strict compliance with the terms of said permit, including compliance with the route to be taken and limit of time in which to effect the move.
(2)
To repair or compensate for repair.
(3)
To pay the board of county commissioners liquidated damages, in an amount not exceeding $50.00, to be prescribed by the public works administrator/county engineer for each and every day's delay in completing the building move in accordance with the permit.
(4)
Repairing any damage to property or public improvement.
(5)
Clearing the right-of-way of all debris generated by the move.
(Ord. No. 85-14, § 11)
(a)
The public works administrator/county engineer, as a condition precedent to the issuance of a permit, shall require evidence of insurance coverage to protect the permittee and the county as follows:
(1)
Workers' compensation. As required by state law.
(2)
General liability (including contractual liability). Bodily injury, personal injury, $500,000.00 each occurrence and aggregate; property damage, $500,000.00 each occurrence and aggregate.
(3)
Comprehensive automobile liability. Bodily injury, $500,000.00 per occurrence; property damage, $500,000.00 per occurrence.
(b)
A certificate of insurance shall be provided to confirm that the above insurance coverage will be in effect at the time of the building move. The insurance coverage shall not be canceled or changed without ten days' prior written notice to the public works administrator/county engineer.
(Ord. No. 85-14, § 12)
The following fees apply to applications submitted under this division:
(1)
A fee of $100.00 will be charged for issuance of a standard building transport permit.
(2)
A fee of $150.00 will be charged for issuance of a special building transport permit.
(3)
A fee of four times the applicable permit fee will be charged for issuance of any after-the-fact permit, in addition to any damages applicable. Such after-the-fact permit shall not preclude any penalty provided for in section 22-383
(4)
Fees may be waived when governmental buildings are moved, provided the application for such move has been approved by the public works administrator/county engineer, or his designee, in accordance with the provisions of this article.
(Ord. No. 85-14, § 14)