§ 16-8. Technical requirements.
(a)
Generally.
(1)
The area of work shall be open to the county engineer and/or other appropriate county personnel for the purpose of inspection during normal working hours and at any other time when work is in progress.
(2)
Any operation which will exceed ninety (90) days' duration shall abut a paved, public roadway which will provide access to the property for which the permit is applied. Paved access shall be provided by the applicant prior to commencing operations for which a permit has been issued. Paving improvements shall be installed by applicant in accordance with county road construction standards. Excavation and fill operations which will not exceed ninety (90) days may utilize access by unpaved roads. The applicant shall continuously maintain such unpaved roads at applicant's sole expense in a condition satisfactory to the county engineer. No permit for an operation not exceeding ninety (90) days may be renewed or extended unless the applicant provides paved access.
(3)
As each phase is completed or two (2) months prior to the expiration date as stipulated in the permit, the applicant shall be required to institute the approved plan of restoration. If a renewal application has not been received or restoration has not been initiated by a date sixty (60) days prior to the expiration of the permit, demand on the posted surety may be initiated.
a.
As a minimum, the plan of restoration shall include the establishment of a dense stand of grass on all disturbed areas and the planting of trees.
b.
The size and type of trees to be planted shall be in accordance with the recommended stock list of trees contained in chapter 15, article VIII of the Orange County Code.
c.
The number of trees shall be established as a minimum of twenty-five (25) trees per acre of disturbed soil.
(4)
No permit shall be issued for any area determined by the county to constitute a conservation area according to the standards established by the Orange County growth management policy, county ordinance or county resolution.
(5)
Nothing herein shall be construed as regulating dredging or fill, as defined in the Florida Statutes.
(6)
Additional traffic control measures may be required. An improved turnout shall be provided from the edge of pavement to the right-of-way line and shall be designed and constructed so as to protect the existing pavement structure at all times. Additional improvements to the existing roadway (including, but not limited to, turn lanes, sight line improvements and/or drainage facilities) may be required. Signage and striping shall be approved by the county engineer prior to the start of operations.
(b)
Excavations.
(1)
Setbacks.
a.
Two hundred (200) feet from the right-of-way of any arterial or collector highway;
b.
One hundred fifty (150) feet from the right-of-way of any other public street, road or highway;
c.
One hundred (100) feet from abutting residential zoned property;
d.
Fifty (50) feet from abutting agriculture or industrial zoned property.
The setback area shall remain undisturbed except for approved access points. Restoration of these access points to conditions existing prior to the excavation will be required prior to issuance of a certificate of completion.
(2)
Slopes.
a.
All finished side slopes of excavated areas shall be not greater than one (1) foot vertical drop for each five (5) feet of horizontal distance, to a depth of ten (10) feet below the normal dry season groundwater elevation. For depths greater than ten (10) feet below the normal dry season groundwater elevation, the slope may be one (1) foot vertical drop for each one (1) foot of horizontal distance.
b.
The bottom of any excavation should be graded to allow all water to drain to a sump area not less than fifteen (15) feet by fifteen (15) feet (two hundred twenty-five (225) square feet plus or minus), and the bottom of the excavation shall be graded in a fashion which will not cause water to accumulate in stagnant pools.
(3)
Security.
a.
Before any work is begun on an excavation, the fencing and signs herein required must be installed.
b.
All excavations shall be enclosed with a five-foot high security fence with locking gates approved by the county engineer. Gates shall be locked when work is not in progress. Gates and fences shall be maintained at all times by the permittee, until the excavation restoration plan is completed.
c.
Warning signs of at least six (6) square feet shall be posted permanently on each side of the excavation ten (10) feet inside the excavation fence lines. Signs shall be placed at each corner of the fence line and not more than five hundred (500) feet apart along the fence line. On the sign shall be printed, in letters of not less than five (5) inches in height, the words "No Trespassing" or other approved appropriate warning and the name of the owner, lessee, or occupant of the land. The signs shall be positioned as to be clearly visible from outside the fence line.
(4)
Maximum removal. The area volume and depth of excavation may be limited by conditions to the permit when necessary to preserve and protect any of the following:
a.
Drainage characteristics of the property and the drainage basin within which the property lies;
b.
Pollution removal characteristics of the property; and
c.
Aesthetic characteristics of the property and the area within which it is located.
(c)
Fills. All fills are to be finished to a grade (elevation) approved by the county. The fill or stockpile shall not obstruct or materially interfere with any natural watercourse, conservation areas, water management or control plan, road systems or rights-of-way of any type.
(d)
Mass grading. A combined excavation/fill permit shall be required for mass grading operations where the volume of material moved exceeds four hundred ninety-nine (499) cubic yards and/or the disturbed area exceeds one (1.0) acre.
(1)
No material is to be imported or exported.
(2)
A tree removal permit, if required, shall be obtained prior to filing an application for an excavation/fill permit.
(3)
An erosion control plan addressing both waterborne and windborne material shall be approved prior to issuance of a permit.
(4)
Each phase of the operation (i.e., excavation, fill and restoration) shall comply with the applicable subsection of this chapter except that the planting of trees may be waived at the discretion of the county engineer. In addition, the overall plan shall be in conformance with the approved preliminary subdivision plan as to final topography of the project.
(e)
Dewatering.
(1)
In the event that the operation has received an official written citation of a water quality violation, the permittee shall immediately cease all operations. Operations may resume only after satisfactory corrective action has been initiated.
(2)
For an excavation extending below the normal wet season groundwater elevation, permittee shall demonstrate that the dewatering will not adversely affect adjacent wetlands or groundwater.
(3)
Aboveground impoundment berm height shall be no greater than three (3) feet, the side slopes shall be no steeper than five (5) to one (1) and the outside wall shall be seeded and mulched.
(Code 1965, § 23A-7; Ord. No. 85-32, § 1(7), 11-25-85; Ord. No. 86-18, §§ 1, 2, 7-7-86; Ord. No. 91-29, § 2(Exh. A), 12-10-91; Ord. No. 92-19, § III(8)—(12), 7-7-92)