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hereby repealed.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.