§ 55-9. Limitations and conditions.

(a)

The county manager or designee shall, in determining and imposing reasonable limitations and conditions, consider the prevention of personal injury, loss of life and damage to property, as well as the general considerations of public health, safety and welfare.

(b)

The county manager or designee may impose limitations and conditions for each permit issued including, but not limited to, the following:

(1)

A cash or surety bond or letter of credit in such amount as may be deemed necessary by the county manager or designee or the board for the financial protection of adjacent or nearby public property or facilities. The bond or letter of credit shall be drawn in favor of Collier County and the terms of the instrument shall be such that it provides for forfeiture of the bond or credit upon written demand by the county manager or designee specifying the public property or facilities damaged and the amount of damage. In the event that the applicant has provided a cash or surety bond or letter of credit to the State of Florida in fulfillment of state license bond requirements and the county manager or designee determines that such security is in effect in such amount and type so as to provide the financial protection required by this section, the county manager or designee shall permit the applicant to provide such current security with an endorsement or rider in favor of Collier County.

(2)

A condition limiting the amount and type of explosive which may be used at any one time, whether fired or detonated instantaneously as a single charge or by a delay series charge, as may be deemed by him reasonable under the conditions existing in the locale for which the permit is issued.

(3)

A condition requiring the user to conduct a series of test shots to determine that vibrations are within required limitations.

(4)

From time to time to change, amend, modify or impose more restrictive conditions and limitations if circumstances and conditions at and surrounding the site area concerned so warrant or prove to be necessary in order to carry out the purpose for which the conditions and limitations were imposed.

(c)

If such conditions and limitations are found by the county manager or designee to be too restrictive, he may modify them accordingly within the bounds of the purposes for which they were imposed; provided, however, the imposed limitations and conditions as to the amount of explosives permitted in any permit shall not be increased by the County Manager or designee until and unless the permittee shall first demonstrate to the satisfaction of the county manager or designee by due and proper proof that the desired increase would not in any event result in a resultant peak particle velocity in excess of that prescribed in section 55-13(e)(1).

(d)

To verify the use of an amount of explosive which will result in vibrations up to but not exceeding the required limits of this article, the county manager or designee shall require that the user provide a minimum of one continuous monitoring seismic instrument for use during the daily blasting segments to ascertain that described limits are not exceeded at the nearest building or structure. The user shall be responsible for all costs incurred in providing such monitoring.

(1)

The seismic instrument shall be placed at a location either on the blasting site or the instrument may be relocated to an off-site location.

(2)

The county manager or designee shall be advised of the instrument's location.

(3)

The results from the seismic instrument shall be provided to and analyzed by a seismologist who shall sign the results of his analysis. The seismologist shall be an individual or firm specializing in the measurement and evaluation of short-term air and ground vibrations produced through detonation of explosives. The seismologist shall have experience in instrumentation, explosives, and the effects of vibration upon structures and a minimum of five years experience supervising and/or monitoring the use of explosives.

(4)

All original records of the seismic analysis will be the property of the user but a copy of the seismic results and/or analysis shall be furnished to the community development and environmental services administrator, or his designee, with full and complete and supporting data within seven days from the date of the actual blast.

(5)

Each instrument shall be frequently checked to insure proper operation and shall be calibrated annually. Notification of the calibration date shall be supplied to the county manager or designee.

(6)

The county manager or designee is authorized to waive the requirement for a continuous monitoring seismic instrument if the county manager or designee determines that the instrument is unnecessary as a result of existing monitoring data or in the event that there are no probable adverse impacts due to the remote and isolated location of the blasting.

(Ord. No. 04-55, § 2.D.)