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HomeMy WebLinkAboutOrdinance 327 Section 9.5 ORDINANCE NO. 327 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 9.5, CODE OF ORDINANCES, CITY OF WINTER SPRINGS, FLORIDA; REQUIRING APPROVAL BY THE CITY COM- MISSION OF A PERMIT TO REMOVE SOIL, SUBSOIL, ROCK AND SAND WITHIN THE CITY, EXEMPTING CERTAIN PROPERTY AND ACTIVITIES; PROVIDING FOR APPLICATION, CONFLICTS SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the City of Winter Springs, Florida, desires to protect the scenic beauty and proper usage of its natural environs; and WHEREAS, the City of Winter Springs has provided a procedure to protect the removal of certain elements of its environment; and WHEREAS, the City of Winter Springs finds it in the public interest to change the permitting agents for the removal; THE CITY OF WINTER SPRINGS HEREBY ORDAINS: SECTION I - Subsection 5 of Section 9 of the Code of Ordinances of the City of Winter Springs is amended to read: Sec. 9-5. SOIL, ROCK, ETC., REMOVAL. (a) It shall be unlawful for any person to remove from any real property within the city any soil, sub- soil, rock, or sand without approval as provided herein. Prior to such removal such person shall file with the city manager an application which shall include a written consent of the owner for such removal. The city manager shall present the application to the city commission for its approval. If the commission approves the application, the mayor shall issue a written permit for such removal. (b) Unless such removal becomes a public nuisance or endangers the public health, safety, or welfare, the provision shall not apply to the following: (1) no permit would be necessary other than a building permit for the removal which would be incident to the preparation of single family homes or auxiliary structures such as patios, swimming pools or driveways. SECTION II - This Ordinance shall be prospective in effect; however, all pending applications at the time of enactment shall proceed under the provisions of this Ordinance. SECTION III - All ordinances or parts in conflict herewith are hereby repealed. SECTION IV - If any section or portion of this Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of this Ordinance. SECTION V- That this Ordinance shall take effect immediately upon passage. CITY OF WINTER SPRINGS JOHN V. TORCASO, MAYOR ATTEST: Mary T. Norton CITY CLERK FIRST READING THIS 12th day of Aug., 1985. SECOND READING AND PUBLIC HEARING Sept. 23, 1985. Posted 8/15/85. MEMORANDUM , ~~(t;lf1Uwm:@ AUG 2 1985 CITY of WINTER SPRINGS CItY. llAMA" ." TO: Dick Rozansky ~ " FROM: Frank Kruppenbacher ',,- DATE: July 31, 1985 RE: Rock Ordinance Attached is the latest version of the rock ordinance which should reflect the consensus of the Commission on its meeting July 22nd. If you have any questions, please do not hesitate to contact me. 1D'. G'I CC2_rIC ntl.. J.;.J.~' ~w1\.-~ 10 C7 MA.-OVl. I if.. a-r. "t I The Orlando Sentinel Publiahed Daily A1tamonte Spring., Seminole County, Florida ~~~~~ o~~~~:riba} SS. Before the undersigned authority personally appeared Nancy A. Puglia , who on oath says that she is the Legal Advertising Representative of the Orlando Sentinel, a Daily newspaper published at Altamonte Springs, in Seminole County, Florida; that the attached copy of ad- vertisement, being a Pub 1 i c He a r in g Permit to Remove Soil, Sand, etc. in the matter of Subsoil, Rock, in the Court, was published in said newspaper in the issues of Spptemher 1, 1985 Mfiant further says that the said Orlando Sentinel is a newspaper published at Altamonte Springs, in Seminole County, Florida, and that the said newspaper has heretofore been contin- uously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in Altamonte Springs, in said Seminole County, Florida for a period of ont; year next preceding the first publication of the attached copy of ad- vertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this od_tfOCPUb"~tioni~~~~:: ^ ~~iL Sworn to and subscribed before me this 10th of \ ~ Notary P lie, a e 1989 My Commission Expires July 13, & Brown, lnCo Bonded Thru Brown ADVERTISING CHARGE $ 5.02 day I NOTICE OF PUBLIC HEARING I CITY OF WINTER SPRINGS, FLORIDA I . NOTICE IS HEREBY GIVEN by the ! City :Commission of the City of Winter Springs, Florida, that said Commission ~~~:~J::f~.;':? on an ordi- AN ORDINANCE OF'THE CITY OF WINTER SPRINGS" FLORIDA, AMENDING ,SECTION 9.5, CODE OF ORDINANCES, CITY OF WIN- TER SPRINGS, FLORIDA; RE- QUIRING APPROVAL BY THE CITY COMMISSION OF A PERMIT TO REMOVE SOIL, SUBSOIL, ROCK, SAND, TREE AND SHRUBBERY WITHIN THE CITY, EXEMPTING CERTAIN PROPER- TY AND ACTIVITIES; PROVIOING FOR APpLICATION, CONFLICTS, SEVERABILITY AND EFFECTIVE DATE. This Public Hearing will be held at 7:30 p.m. on September 23, 1985, or . as soon thereafter as possible in the Commission Chambers, City Hall, 1126 East S.R. 434, Winter Springs; FL. 32708 Copies of the proposed ordinance are available in the office of the City Clerk for inspection. Interested parties may appear at this hearing and be heard with respect to this proposed ordinance. Persons are advised that if they de- cide to appeal any deCision made at this meeting, they will. need a record of the proceedings and for such pur- poSfl, they may need to llfISU" that a verbatim record of the proceedings is made which r..x>rd includes the testi- mony and evidence upon which the appeal is to .be based per Section 286.0HlS Florida Statutes. Dated g;~l~ ~~~~~~~N~~5. FLORIDA IslMary T: Norton Mary T. Norton, City Clerk L5-186(6S) Sept.1,l985 FORM NO. AD-264 ORDINANCE NUMBER 327 NO ADOPTION DATE; WAS APPROVED IN SEPTEMBER 23, 1985 MEETING.