§ 12-47. Limitations and conditions.

(a)

The Division shall impose on each compaction permit issued by the Division such limitations and conditions that:

(1)

Indicate the period of time for which it is valid.

(2)

Permit the director, or designee, to conduct a series of tests witnessed by neighborhood property owners to determine acceptable limits of vibration.

(3)

Allow any other conditions or restrictions which, in the opinion of the director of the Division, or designee, are necessary to protect the public health, safety, and welfare of the residents of Broward County.

(b)

In determining and imposing such reasonable conditions and limitations, the Division shall be governed by preventing damage to property, preventing personal injury or loss of life, protecting the public health, welfare, and safety, and the reduction of nuisance.

(c)

The Division is authorized from time to time to change, amend, or modify the imposed conditions and limitations regarding any permit in order to meet the purpose for which they were imposed, if changing conditions or circumstances so indicate, after considering the guides above enumerated. It is intended that the Division may impose more restrictive conditions and limitations, if circumstances and conditions in the area so warrant or prove to be necessary to carry out the purpose for which the conditions and limitations were imposed. In like manner, if such conditions and limitations are found by the Division to be too restrictive, the Division may modify them accordingly within the bounds of the purposes for which they were imposed.

(d)

The applicant shall provide, at the applicant's cost, a continuous monitoring seismic instrument at each site. Such instrument may be removed from a site, after written notice has been given to the director of the Division, or designee, when the compaction has been completed or indefinitely suspended.

(Ord. No. 2003-11, § 5, 4-8-03; Ord. No. 2005-07, § 25, 4-12-05; Ord. No. 2008-47, § 1, 11-13-08)