20-2187 Amending Chapter 18 , New Section 18-155ORDINANCE 20-2187
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING
CHAPTER 18 REGARDING BUILDINGS AND BUILDING REGULATIONS;
CREATING A NEW SECTION 18-155 TO ADOPT A LOCAL TECHNICAL
AMENDMENT TO THE FLORIDA BUILDING CODE REGARDING THE
OPERATION OF VIBRATORY COMPACTORS; PROVIDING FOR CONFLICTS,
SEVERABILITY, CODIFICATION, TRANSMITTAL AND AN EFFECTIVE DATE.
WHEREAS, the City recognizes that chapter 553, Florida Statutes, allows local
governments to adopt and enact local administrative amendments to the Florida Building Code
that are more stringent than the minimum standards described therein so long as such
amendments are transmitted to the Florida Building Commission within thirty days after
enactment and are made available to the general public in a useable format; and
WHEREAS, as the City of Longwood is largely built -out, and as such, most development
projects are located near existing buildings, particularly residential homes; and
WHEREAS, the use of vibratory compactors can have a negative impact on existing
structures; and
WHEREAS, the City finds that such local technical amendments to the Florida Building
Code adopted pursuant to this Ordinance meet the requirements for local amendments pursuant
to section 553.73(4)(b), Florida Statutes; and
WHEREAS, the City finds that such local technical amendments adopted pursuant to this
Ordinance are no more stringent than necessary to address the local needs for same, the
additional requirements are not discriminatory against materials, products, or construction
techniques of demonstrated capabilities, and the additional requirements do not introduce a
new subject not addressed in the Florida Building Code; and
WHEREAS, the City has determined that all technical amendments enacted hereby are
based upon a review of local conditions, which review demonstrates by evidence or data that the
City exhibits a local need to strengthen the Florida Building Code beyond the needs or regional
variation addressed by the Florida Building Code; and
WHEREAS, the City has and shall make readily available, in usable format, all technical
amendments adopted as referenced herein, and the City has considered and shall include in its
transmittal to the Florida Building Commission a fiscal impact statement which documents the
costs and benefits of the proposed technical amendment. Such fiscal impact state includes the
impact to local government relative to enforcement, the impact to property and building owners,
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as well as to industry, relative to the cost of compliance; and
WHEREAS, the City has determined that the amendments to the City Code adopted by
this Ordinance are in the best interest of and for the health, safety, and welfare of the citizens of
the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
LONGWOOD, FLORIDA AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct and constitute the legislative findings
of the City Commission, which are incorporated herein by this reference.
Section 2. Adoption. Article VI, Chapter 18 of the Longwood City Code is hereby amended to
add a new Section 18-155 to read as follows (s#uekewt text indicates deletions; underlined text
indicates additions; and non -referenced sections shall remain unchanged):
CHAPTER 18- BUILDINGS AND BUILDING REGULATIONS
ARTICLE VI. - EXCAVATION AND GRADING CODE
Sec. 18-155. —RP,;Pr:-Vibratory Compaction Operations, Limitations.
(a) Vibratory compaction shall not be used within 75 feet of existing structures.
(b) The use of driver operated vibratory compactors for construction within the city limits
will be allowed only if use of such equipment does not produce a peak particle velocity in
excess of 0.25 inch per second when measured on the ground at the closest adjacent
structure not owned by the contractor/developer or their client or at the property line if
the adjacent site is not accessible. Peak particle velocity shall be measured as the true
vector sum (resultant peak particle velocity) in three mutually perpendicular planes in one
instant in time.
(c) For the purpose of this section "driver operated vibratory compactors" shall include any
soil/substrate/material compactor operated by a driver seated on the equipment which
uses any vibratory mechanism regardless of size or weight. "Peak particle velocity" is a
quantification of vibration measured by a portable seismograph typical to the local
construction industry.
(d) In the event requirements in subsection (a) cannot be achieved, a special exemption
authorization letter may be issued by the city's building official and/or city engineer in
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cases where a request for a special exemption is filed in writing and where the following
conditions are met:
1. A signed and sealed report is filed by a registered professional engineer licensed
to practice in the State of Florida which renders his/her opinion that exceedance
of the prescribed peak particle velocity shall not cause damage to the closest
adjacent structure(s), including damage that results from foundation settlement,
and provides the technical basis for such opinion.
2. The registered professional engineer certifies that they have performed a pre -
construction "condition survey" of adjacent structures, and provides said
document to the City, including property wall/fence systems/pools/stand-alone
structures within a 100-foot zone surrounding the work site, which includes
detailed photographic documentation as well as the results of visual examination
and records of noted distress features in adiacent structures
3. A post -construction survey of adjacent structures as detailed in (2) above will be
made by the registered professional engineer and a report of that survey will be
submitted to the city.
4. Pre and post inspection and documentation, settlement surveying and monitoring
and vibration monitoring shall be performed in accordance with FDOT Section 108
of the FDOT Standard Specifications for Road and Bridge Construction (Current
Version).
(e) A written record of peak particle velocity measurements, including vibratory frequency,
must be maintained and submitted to the city on a daily basis during performance of the
vibratory compaction work.
(f) Walk -behind rollers, plate vibratory compactors and other compacting equipment are
permitted without limitation and in accordance with the time restrictions set forth in Sec.
18-2 for hours of operation.
(g) Upon observation of a violation of this section, the city's building official or authorized
representative is authorized to issue a stop work order to immediately cease such
violation. The city may otherwise enforce this section as provide by law and the city's
Code of Ordinances.
Section 3. Conflicts. If any Ordinance or part of thereof is in conflict herewith, this Ordinance
shall control to the extent of the conflict.
Section 4. Codification. Section 2 of this Ordinance shall be codified and made a part of the City
Code of Ordinances; that the Sections and exhibits of this Ordinance may be renumbered or
relettered to accomplish such intention. The word "Ordinance" may be changed to "Section,"
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"Article," or other appropriate word. The City Clerk is given liberal authority to correct scriveners'
errors, such as incorrect code cross references, grammatical, typographical and similar or like
errors when codifying this Ordinance.
Section 5. Severability. If any portion of this Ordinance is determined to void, unconstitutional,
or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall remain in
full force and effect.
Section 6. Transmittal. This Ordinance enacting technical and administrative amendments to
the Florida Building Code shall be transmitted to the Florida Building Commission within 30 days
after enactment.
Section 7. Effective Date. This Ordinance shall not become effective until 30 days after this
Ordinance has been received by and the amendments set forth in Section 2 of this Ordinance are
published by the Florida Building Commission.
FIRST READING this 24 day of August A.D. 2020.
SECOND READING AND ADOPTION this 10 day of September, A.D. 2020.
Mayor
umincr►6
ATTES
ichelle Longo C, FCRM, City Clerk
Approved as to form and legality for the use and reliance of the City of Longwood, Florida only.
Daniel W. L gle , C" A orney
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