Date |
Text |
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. |
| |
| |
| |