| 2016-03-28 17:30:55 | PLANS ARE ATTACHED, |
| | |
| | PROVISO: |
| | SEC. 94-450. - VACANT LOT AND CONSTRUCTION SITE |
| | MAINTENANCE. |
| | MAINTENANCE. |
| | (1) JOB SITE. CONTRACTORS, SUBCONTRACTORS AND PERSONS |
| | HOLDING PERMITS TO PERFORM LAND DISTURBING CONSTRUCTION |
| | OR LAND DEVELOPMENT ACTIVITIES, AND THE LANDOWNERS OF |
| | CONSTRUCTION SITES SHALL CAUSE THE CONSTRUCTION SITE TO |
| | BE MAINTAINED IN A NEAT AND ORDERLY CONDITION THAT IS |
| | FREE FROM ANY DEBRIS, GARBAGE, JUNK, USED OR DISCARDED |
| | CONSTRUCTION MATERIALS, TRASH OR ANY OTHER FOREIGN |
| | SUBSTANCE PRODUCED AS A RESULT OF THE LAND DISTURBING |
| | CONSTRUCTION OR LAND DEVELOPMENT ACTIVITIES, OTHER THAN |
| | DEBRIS, GARBAGE, JUNK, TRASH OR OTHER FOREIGN SUBSTANCE |
| | DEPOSITED INTO AND CONTAINED WITHIN A TRASH RECEPTACLE |
| | OR TRASH DUMPSTER. |
| | A. IN ALL INSTANCES WHERE A BUILDING PERMIT HAS NOT |
| | BEEN ISSUED WITHIN THREE MONTHS OF THE COMPLETION OR |
| | ABANDONMENT OF LAND DISTURBING CONSTRUCTION ACTIVITIES, |
| | THE JOB SITE SHALL, WITHIN 30 DAYS AFTER THE EXPIRATION |
| | OF SUCH THREE-MONTH PERIOD, BE BROUGHT TO GRADE, |
| | TILLED, PLANTED AND MAINTAINED WITH GROUND COVER TO |
| | INCLUDE SODDING OR SEEDING WHICH SHALL HAVE IRRIGATION. |
| | ANY TEMPORARY CONSTRUCTION FENCE SHALL ALSO BE REMOVED. |
| | THE CONSTRUCTION SERVICES DIRECTOR OR DESIGNEE, WITH |
| | INPUT FROM THE PLANNING DIRECTOR OR DESIGNEE, MAY |
| | GRANT, IN WRITING, AN EXTENSION TO THE TIME FRAME FOR |
| | THE ISSUANCE OF A BUILDING PERMIT, UNDER THIS |
| | PARAGRAPH, WHEN THE LANDOWNER HAS DEMONSTRATED A GOOD |
| | FAITH EFFORT IN PURSUING THE BUILDING PERMIT BUT THAT |
| | CIRCUMSTANCES BEYOND THE CONTROL OF THE CONTRACTOR |
| | AND/OR PERMITTEE HAVE OCCURRED. |
| | B. ALL CONSTRUCTION WASTE AND DEBRIS FROM NEW |
| | CONSTRUCTION OR MAJOR ALTERATION OR REPAIR SHALL BE |
| | KEPT IN AN ENCLOSED CONTAINER TO MINIMIZE DEBRIS FROM |
| | LITTERING ADJACENT PROPERTIES AND PUBLIC RIGHTS-OF-WAY. |
| | THE PERMITTEE, CONTRACTOR OR LANDOWNER SHALL CAUSE SUCH |
| | WASTE OR DEBRIS TO BE REMOVED WEEKLY IN ACCORDANCE WITH |
| | SECTION 74-2 OF THIS CODE. |
| | C. ALL MUD OR DEBRIS SHALL BE CONTINUALLY REMOVED FROM |
| | THE PUBLIC SIDEWALKS AND STREETS. |
| | D. ALL WEEDS AND GRASS SHALL BE MAINTAINED IN |
| | ACCORDANCE WITH SUBSECTION 74-2(C) AND SECTION 94-446 |
| | OF THIS CODE. |
| | E. CONTRACTORS, SUBCONTRACTORS, PERSONS HOLDING PERMITS |
| | TO PERFORM LAND DISTURBING CONSTRUCTION AND LAND |
| | DEVELOPMENT ACTIVITIES AND THE LANDOWNERS OF |
| | CONSTRUCTION SITES SHALL, AT THE DIRECTION OF THE |
| | ENGINEERING SERVICES DIRECTOR OR DESIGNEE, EITHER |
| | REPAIR, OR REIMBURSE THE CITY FOR ITS COSTS INCURRED TO |
| | REPAIR, ANY DAMAGE TO ANY PUBLIC RIGHT-OF-WAY THAT IS |
| | CAUSED BY ANY CONSTRUCTION VEHICLE INVOLVED IN THE LAND |
| | DISTURBING CONSTRUCTION OR LAND DEVELOPMENT ACTIVITIES. |
| | F. IN THE EVENT THAT THE DEMOLITION PERMIT OR BUILDING |
| | PERMIT EXPIRES, ALL MATERIALS AND EQUIPMENT RELATED TO |
| | THE LAND DISTURBING CONSTRUCTION OR LAND DEVELOPMENT |
| | ACTIVITIES SHALL BE REMOVED FROM THE JOB SITE WITHIN |
| | TEN DAYS OF THE PERMIT EXPIRATION DATE. THE JOB SITE |
| | SHALL, WITHIN 30 DAYS THEREAFTER, BE BROUGHT TO GRADE, |
| | BE TILLED AND PLANTED WITH GROUND COVER TO INCLUDE |
| | SODDING OR SEEDING WHICH SHALL HAVE IRRIGATION. SAID |
| | GROUND COVER SHALL BE MAINTAINED IN ACCORDANCE WITH |
| | SUBSECTIONS 74-2(C) AND SECTION 94-446 OF THIS CODE. |
| | (2) TEMPORARY CONSTRUCTION FENCES. NO TEMPORARY |
| | CONSTRUCTION FENCE MAY BE ERECTED UNTIL A SITE PLAN |
| | DEPICTING THE MATERIALS, LOCATION AND ACCESS GATES HAS |
| | BEEN APPROVED AS PART OF THE FENCE PERMIT ISSUANCE. |
| | A. TEMPORARY CONSTRUCTION FENCES MAY NOT BE ERECTED |
| | UNTIL A DEMOLITION PERMIT OR BUILDING PERMIT FOR THE |
| | LAND DISTURBING CONSTRUCTION OR LAND DEVELOPMENT |
| | ACTIVITIES HAS BEEN ISSUED, AND NO MORE THAN TEN DAYS |
| | PRIOR TO THE COMMENCEMENT OF LAND DISTURBING |
| | CONSTRUCTION OR LAND DEVELOPMENT ACTIVITIES. IF LAND |
| | DISTURBING CONSTRUCTION OR LAND DEVELOPMENT ACTIVITIES |
| | DO NOT COMMENCE WITHIN TEN DAYS OF FENCE INSTALLATION, |
| | THEN, WITHIN 15 DAYS OF THE TEN-DAY PERIOD, THE FENCE |
| | SHALL BE REMOVED AND THE SITE SHALL BE TILLED AND |
| | PLANTED WITH GROUND COVER TO INCLUDE SODDING OR SEEDING |
| | WHICH SHALL HAVE IRRIGATION AND SHALL BE MAINTAINED IN |
| | ACCORDANCE WITH SECTIONS 74-2 AND 94-446 OF THIS CODE. |
| | B. IN THE EVENT THAT THE DEMOLITION PERMIT OR BUILDING |
| | PERMIT EXPIRES, ALL TEMPORARY CONSTRUCTION FENCES SHALL |
| | BE REMOVED WITHIN TEN DAYS OF THE PERMIT EXPIRATION |
| | DATE, AND WITHIN 15 DAYS OF REMOVAL OF THE FENCES, THE |
| | SITE SHALL BE BROUGHT TO GRADE, TILLED AND PLANTED WITH |
| | GROUND COVER TO INCLUDE SODDING OR SEEDING WHICH SHALL |
| | HAVE IRRIGATION AND SHALL BE MAINTAINED IN ACCORDANCE |
| | WITH SECTION 74-2 AND 94-446 OF THIS CODE. |
| | C. TEMPORARY CONSTRUCTION FENCES SHALL COMPLY WITH THE |
| | FOLLOWING REQUIREMENTS: |
| | 1. TEMPORARY CONSTRUCTION FENCES SHALL BE INSTALLED IN |
| | ACCORDANCE WITH THE FLORIDA BUILDING CODE AND |
| | OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) |
| | STANDARDS. TEMPORARY CONSTRUCTION FENCES INSTALLED |
| | PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE |
| | VISIBILITY AT INTERSECTIONS REQUIREMENTS OF SUBSECTION |
| | 94-305(E) OF THIS CODE. |
| | 2. ALL TEMPORARY CONSTRUCTION FENCING SHALL BE |
| | MAINTAINED IN A SATISFACTORY MANNER BY THE PERMITTEE OR |
| | LANDOWNER, DURING THE ENTIRE PERIOD OF THE LAND |
| | DISTURBING CONSTRUCTION AND LAND DEVELOPMENT |
| | ACTIVITIES, TO ENSURE ADEQUATE PERFORMANCE, TO PREVENT |
| | NUISANCE CONDITIONS AND TO MAINTAIN THE PUBLIC HEALTH, |
| | SAFETY AND WELFARE. |
| | 3. GATES SHALL BE CHAINED AND LOCKED WITH A LOCK |
| | SUBSTANTIAL ENOUGH TO ENSURE CLOSURE AND SECURITY WHEN |
| | WORKERS ARE NOT ON THE JOB SITE. |
| | 4. NO TEMPORARY CONSTRUCTION FENCE MAY ENCROACH BEYOND |
| | THE SUBJECT PROPERTY LINE. NO FENCE MAY ENCROACH UPON |
| | THE PUBLIC RIGHT-OF-WAY WITHOUT OBTAINING THE |
| | APPROPRIATE PUBLIC RIGHT-OF-WAY PERMIT(S). |
| | 5. SCREENING DETAILS SHALL BE SUBMITTED WITH THE |
| | TEMPORARY CONSTRUCTION FENCE PERMIT APPLICATION. WIND |
| | SCREENING SHALL BE SUBSTANTIAL ENOUGH TO AVOID RIPS OR |
| | TEARS DUE TO WIND OR SUN, AND SHALL HAVE NO LESS THAN |
| | 85 PERCENT OPACITY. SCREENING SHALL BE MAINTAINED IN |
| | GOOD CONDITION AT ALL TIMES. SCREENING GRAPHICS SHALL |
| | BE APPROVED WITH A PERMIT PURSUANT TO THE PROVISIONS OF |
| | CHAPTER 94, ARTICLE 13, SIGN REGULATIONS, OF THE ZONING |
| | AND LAND DEVELOPMENT REGULATIONS OF THIS CODE. |
| | 6. ALL WIND SCREENING MATERIALS SHALL BE REMOVED UPON |
| | THE ISSUANCE OF A HURRICANE WARNING FOR AN AREA |
| | INCLUDING THE CITY. SCREENING MATERIALS SHALL BE |
| | REINSTALLED NOT MORE THAN TEN DAYS AFTER THE HURRICANE |
| | THREAT HAS ENDED. |
| | 7. THE CONSTRUCTION SERVICES DIRECTOR OR DESIGNEE MAY |
| | GRANT THE USE OF A TEMPORARY MOVABLE CONSTRUCTION FENCE |
| | AS PART OF A PHASED CONSTRUCTION OR PHASED DEMOLITION |
| | PERMIT. WITHIN TEN DAYS OF THE COMPLETION OF THE PHASE |
| | OF CONSTRUCTION OR DEMOLITION, THE TEMPORARY MOVABLE |
| | FENCE SHALL BE REMOVED, AND MAY BE REPLACED BY ANOTHER |
| | TEMPORARY CONSTRUCTION FENCE MEETING THE PROVISIONS OF |
| | THIS SECTION. |
| | D. THE CONSTRUCTION SERVICES DIRECTOR OR DESIGNEE MAY |
| | GRANT, IN WRITING, A RESTRICTION OR EXTENSION TO THE |
| | TIME FRAMES FOR THE ERECTION OR REMOVAL OF TEMPORARY |
| | CONSTRUCTION FENCES WHEN NECESSARY TO MAINTAIN THE |
| | PUBLIC HEALTH, SAFETY AND WELFARE. |
| | (3) EROSION CONTROL MEASURES. |
| | A. APPLICABILITY. EROSION CONTROL MEASURES ARE REQUIRED |
| | FOR THE FOLLOWING SITES OF LAND DISTURBING CONSTRUCTION |
| | OR LAND DEVELOPMENT ACTIVITIES: |
| | 1. SITES REQUIRING A FILING OF PLAT, INVOLVING THE |
| | CONSTRUCTION OF OR ADDITIONS TO HOUSES, DUPLEXES, |
| | CONDOMINIUMS, TOWNHOUSES, APARTMENTS OR CONSTRUCTION OF |
| | OR ADDITIONS TO COMMERCIAL, INDUSTRIAL, OR |
| | INSTITUTIONAL BUILDINGS. |
| | 2. SITES ON EXISTING LOTS OF RECORD INVOLVING THE |
| | CONSTRUCTION OF OR ADDITIONS TO HOUSES, DUPLEXES, |
| | CONDOMINIUMS, TOWNHOUSES, APARTMENTS OR THE |
| | CONSTRUCTION OF OR ADDITIONS TO COMMERCIAL, INDUSTRIAL, |
| | OR INSTITUTIONAL BUILDINGS. |
| | 3. SITES INVOLVING GRADING, REMOVING OF PROTECTIVE |
| | GROUND COVER OR VEGETATION, EXCAVATING, LAND-FILLING OR |
| | OTHER LAND DISTURBING ACTIVITIES AFFECTING A SURFACE |
| | AREA OF 4,500 SQUARE FEET OR MORE. |
| | 4. SITES INVOLVING EXCAVATING OR LAND-FILLING OR A |
| | COMBINATION OF EXCAVATING AND FILLING AFFECTING 400 |
| | CUBIC YARDS OR MORE OF DIRT, SAND OR OTHER EXCAVATION |
| | OR FILL MATERIAL. |
| | 5. SITES INVOLVING STREET, HIGHWAY, ROAD OR BRIDGE |
| | CONSTRUCTION, ENLARGEMENT, RELOCATION OR RECONSTRUCTION |
| | EXCLUDING FDOT CONSTRUCTION EXEMPTED BY SUBSECTION |
| | 94-450(B)(3). |
| | 6. THOSE SITES INVOLVING THE LAYING, REPAIRING, |
| | REPLACING OR ENLARGING OF AN UNDERGROUND PIPE, UTILITY |
| | MAIN OR SIMILAR FACILITY FOR A DISTANCE OF 300 FEET OR |
| | MORE. |
| | B. ALL SITES FOR WHICH EROSION CONTROL MEASURES ARE |
| | REQUIRED, DESCRIBED IN SUBSECTION (A) IMMEDIATELY |
| | ABOVE, SHALL COMPLY WITH THE CITY'S STORMWATER |
| | MANAGEMENT PROGRAM AND SHALL SUBMIT A STORMWATER |
| | POLLUTION PREVENTION PLAN (SWPPP) FOR APPROVAL BY CITY. |
| | C. THE APPROVED STORMWATER POLLUTION PREVENTION PLAN |
| | (SWPPP) SHALL BE MAINTAINED BY THE PERMITTEE OR |
| | LANDOWNER DURING THE ENTIRE PERIOD OF THE LAND |
| | DISTURBING CONSTRUCTION OR LAND DEVELOPMENT ACTIVITIES |
| | ON THE SITE IN A MANNER SATISFACTORY TO ENSURE ADEQUATE |
| | PERFORMANCE IN ACCORDANCE WITH THE SWPPP AND TO PREVENT |
| | NUISANCE CONDITIONS. ALL EROSION CONTROL MEASURES |
| | INSTALLED IN ACCORDANCE WITH THE SWPPP SHALL BE REMOVED |
| | BY THE PERMITTEE OR LANDOWNER UPON COMPLETION OF ALL |
| | LAND DEVELOPMENT OR LAND DISTURBING CONSTRUCTION |
| | ACTIVITIES. |
| | D. IN THE EVENT THAT A BUILDING PERMIT OR DEMOLITION |
| | PERMIT EXPIRES, WITHIN 30 DAYS OF THE PERMIT EXPIRATION |
| | DATE, THE SITE SHALL BE BROUGHT TO GRADE, TILLED AND |
| | PLANTED WITH GROUND COVER TO INCLUDE SODDING OR SEEDING |
| | WHICH SHALL HAVE IRRIGATION AND SHALL BE MAINTAINED IN |
| | ACCORDANCE WITH SUBSECTIONS 74-2(C) AND SUBSECTION |
| | 94-446 OF THIS CODE, AND UPON COMPLETION, ALL MEASURES |
| | INSTALLED AS PART OF THE SWPPP SHALL BE IMMEDIATELY |
| | REMOVED. |
| | (4) WAIVER OF EROSION CONTROL REQUIREMENTS. |
| | A. THE ENGINEERING SERVICES DIRECTOR OR DESIGNEE SHALL |
| | HAVE THE AUTHORITY, ON A CASE-BY-CASE BASIS, TO GRANT A |
| | WRITTEN WAIVER OF ANY REQUIREMENTS OF THE STORMWATER |
| | MANAGEMENT PROGRAM OR REQUIREMENT FOR AN SWPPP FOR |
| | SMALL SITES, FOR LAND DISTURBING CONSTRUCTION OR LAND |
| | DEVELOPMENT ACTIVITIES COVERING LESS THAN ONE ACRE, OR |
| | INDIVIDUAL SINGLE-FAMILY HOME SITES IN A PREVIOUSLY |
| | PLATTED SUBDIVISION OR LAND DIVISION. |
| | B. ANY WAIVER OF THE STORMWATER MANAGEMENT PROGRAM |
| | REQUIREMENTS OR FOR AN SWPPP DOES NOT INVALIDATE ANY |
| | OTHER REQUIREMENTS SET FORTH IN THIS SECTION. |
| | (F) EROSION CONTROL AND LAND STABILIZATION BONDS OR |
| | DEPOSITS. |
| | (1) EROSION CONTROL - CONTRACTORS, SUBCONTRACTORS AND |
| | PERSONS APPLYING FOR A DEMOLITION AND/OR BUILDING |
| | PERMIT TO PERFORM LAND DISTURBING CONSTRUCTION OR LAND |
| | DEVELOPMENT ACTIVITIES SHALL POST AN EROSION CONTROL |
| | BOND OR DEPOSIT FOR THE EROSION CONTROL MEASURES |
| | APPROVED BY THE STORMWATER POLLUTION PREVENTION PLAN |
| | (SWPPP), IN AN AMOUNT ESTABLISHED BY RESOLUTION AND |
| | SATISFACTORY TO THE CITY TO FULLY COVER THE COSTS |
| | ASSOCIATED WITH COMPLIANCE WITH THE SWPPP AND OTHER |
| | NECESSARY EROSION CONTROL OF THE SITE, SHOULD THE |
| | PERMIT EXPIRE. AN EROSION CONTROL BOND SHALL NOT BE |
| | REQUIRED FOR THE CONSTRUCTION OF SINGLE-FAMILY |
| | DWELLINGS, DUPLEXES, ACCESSORY APARTMENTS, OR ADDITIONS |
| | OR RENOVATIONS TO AN EXISTING SINGLE-FAMILY DWELLING, |
| | EXISTING DUPLEX, OR EXISTING ACCESSORY APARTMENT. |
| | (2) LAND STABILIZATION - CONTRACTORS, SUBCONTRACTORS |
| | AND PERSONS APPLYING FOR A DEMOLITION AND/OR BUILDING |
| | PERMIT TO PERFORM LAND DISTURBING CONSTRUCTION OR LAND |
| | DEVELOPMENT ACTIVITIES SHALL, IN ADDITION TO THE |
| | EROSION CONTROL BOND, POST A LAND STABILIZATION BOND OR |
| | DEPOSIT, IN AN AMOUNT ESTABLISHED BY RESOLUTION AND |
| | SATISFACTORY TO THE CITY, TO COVER THE COSTS ASSOCIATED |
| | WITH LAND STABILIZATION OF THE SITE, SHOULD THE PERMIT |
| | EXPIRE. A LAND STABILIZATION BOND SHALL NOT BE REQUIRED |
| | FOR THE CONSTRUCTION OF SINGLE-FAMILY DWELLINGS, |
| | DUPLEXES, ACCESSORY APARTMENTS, OR ADDITIONS OR |
| | RENOVATIONS TO AN EXISTING SINGLE-FAMILY DWELLING, |
| | EXISTING DUPLEX, OR EXISTING ACCESSORY APARTMENT. |
| | (3) THE EROSION CONTROL AND LAND STABILIZATION BONDS OR |
| | DEPOSITS MAY BE COMBINED AND POSTED TOGETHER, COMBINED |
| | WITH ANY PERFORMANCE BONDS POSTED IN FAVOR OF THE CITY, |
| | OR POSTED SEPARATELY. THE EROSION CONTROL OR LAND |
| | STABILIZATION BONDS OR DEPOSITS SHALL BE POSTED FOR THE |
| | ENTIRE PERMITTED SITE OR PROJECT. |
| | (4) ONLY THE FOLLOWING TYPES OF BONDS OR DEPOSITS WILL |
| | BE ACCEPTED: (I) BOND ISSUED BY A SURETY COMPANY |
| | AUTHORIZED TO DO BUSINESS IN FLORIDA, (II) DEPOSIT OF A |
| | CASHIER CHECK OR BANK DRAFT OF ANY NATIONAL BANK OR |
| | STATE BANK, (III) DEPOSIT OF A CERTIFIED CHECK DRAWN ON |
| | A FINANCIAL INSTITUTION ACCEPTABLE TO THE CITY, AS |
| | DETERMINED BY THE FINANCE DEPARTMENT, (IV) LETTER OF |
| | CREDIT DRAWN ON A FINANCIAL INSTITUTION ACCEPTABLE TO |
| | THE CITY, AS DETERMINED BY THE FINANCE DEPARTMENT, OR |
| | (V) DEPOSIT OF A U.S. POSTAL MONEY ORDER. |
| | (5) UPON VERTICAL CONSTRUCTION COMMENCEMENT, PAYMENT IN |
| | FULL OF ALL APPLICABLE FEES, AND COMPLIANCE WITH ALL |
| | TERMS AND CONDITIONS OF ANY POSTED BOND, THE |
| | CONTRACTOR, SUBCONTRACTOR OR PERMIT APPLICANT WHO |
| | POSTED THE BOND OR BONDS OR DEPOSIT MAY REQUEST RELEASE |
| | OF SAME. THE CITY SHALL PROVIDE THE PERMITTEE WITH AN |
| | APPROVAL TO RELEASE BONDS/DEPOSITS AND THE CITY SHALL |
| | ISSUE A CHECK IN THE AMOUNT OF ANY UNUSED DEPOSIT OR A |
| | RELEASE OF ANY BOND AND RELEASE OF ANY OTHER SECURITY |
| | GIVEN FOR THE EROSION CONTROL AND/OR LAND STABILIZATION |
| | REQUIREMENTS. |
| | (6) THIS SECTION SHALL NOT APPLY TO ANY FEDERAL |
| | GOVERNMENT ENTITY AND SHALL NOT APPLY TO ANY STATE, |
| | REGIONAL, COUNTY, LOCAL OR MUNICIPAL GOVERNMENT ENTITY |
| | OF THIS STATE; OR ANY PUBLIC SCHOOL, COMMUNITY COLLEGE |
| | OR STATE UNIVERSITY. |
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