Ordinance 2001-027 ORDINANCE NO. 2001 - ~7
INANCE OF COLLIER COUNTY, FLORIDA, AMENDING
NCE NO. 74-50, AS AMENDED, TO ADD MAXIMUM OFF-
SCHARGE STANDARDS APPLICABLE TO THE HARVEY
BASIN AND THE WIGGINS BAY BASIN; ALSO ADDING A NEW
PROVISION (7.H) TO AUTHORIZE CORRECTION OF
PROBLEMATIC SURFACE WATER RUN-OFF FROM SINGLE-
FAMILY RESIDENTIAL LOTS CAUSED BY ELEVATING THE LOT
SUBSEQUENT TO CONSTRUCTION OF THE SINGLE FAMILY
RESIDENCE; PROVIDING FOR INCLUSION INTO THE CODE OF
LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 74-50, as amended by Ordinance No. 90-
10, contains "Local Design Criteria" that specifies Allowable Post-
Development Discharge Formulas for Collier County Canals, which
formulas limit the allowable maximum off-site discharge into canals;
and
WHEREAS, a study prepared by Johnson Engineering, Inc., dated
February 1997, recommends that the off-site discharge within the
Harvey Basin be limited by formula; and
WHEREAS, a study prepared by Agnoli, Barber and Brundage, Inc.,
dated April 1997, recommends that the off-site discharge within the
Wiggins Pass Basin be limited by formula; and
WHEREAS, the maximum off-site discharge limitation formulas as
indicated by the above referenced two studies have not been
incorporated into Ordinance No. 74-50, as amended by Ordinance
No. 90-10; and
WHEREAS, Staff has recommended that discharge lir~l~tic~s
applicable to the Harvey Basin and the Wiggins Pass ~B~.=in ye"TI
incorporated into Ordinance No. 74-50, as amended by ~al~e~
No. 90-10; and
WHEREAS, filling, grading or otherwise raising the el~a~io~ oft:~
single-family residence lots subsequent to initial construct~i' o~nthe
residence seldom requires a permit from Collier County; and
WHEREAS, from time-to-time a single-family residence lot is
elevated to an extent that the rise in elevation causes problematic
a,.,.,',ion,~, surface water to flow off of the lot onto land owned by
another; and
WHEREAS, no existing ordinance provision authorizes Staff to
mandate correction of such additional surface water flows; and
WHEREAS, Staff proposes that a new provision be added to this
Ordinance to grant Staff authority to have such situations corrected
provided the lot elevating activities occur subsequent to the effective
date of this Ordinance and occur subsequent to the initial
construction of the respective single-family residence; and
WHEREAS, the Board concurs with Staff's recommendations.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
that:
SECTION ONE. Paragraph 7. and 7.A of Article II, Section 2.01 of
Ordinance No. 74-50, as amended by Ordinance No. 90-10, is hereby
amended to read as follows:
"7. In accordance with the provisions of Chapter 40E-4, Florida
Administrative Code, Section 40E-4.091(1)(a) and the "Basis of
Review for Surface Water Environmental Resource Permit
Applications within the South Florida Water Management District--
A~,r;~ 4(~?" Section q o August, 2000" Section 6.0, as those two
documents may be amended from time to time, the following local
design criteria shall be used in Collier County:
A. Section 3.2.!.2 6.2.' Discharge Rate - Offsite
discharge contributed by a development is limited to
amounts which will not cause adverse off-site impacts.
These amounts may be determined by: (most restrictive
applies)
a) Historic~..-,----,~--,,--',,-,,,',-'-,*.. ..........~... ,... ,. discharges rates'.,
b) ~ Rates determined in previous SFWMD
permit actions;
c) AmeuP, ts Rates specified in SFWMD criteria
(Basis of Review Appendix 2):
d) Ameu¢~ Rates based on system capacity for
selected County primary outfall canals, unless
special engineering studies are provided by a
Registered Professional Engineer, shall be as
follows:
ALLOWABLE POST-DEVELOPMENT DISCHARGE FORMULAS
FOR COLLIER COUNTY CANALS
CANAL
ALLOWABLE RUNOFF DESIGN FREQ./DUR.
AIRPORT ROAD
NORTH SUBBASIN
(North of Vanderbilt
Beach Rd.)
25.6 CSM (0.04 cfs/acre)
25 year/3 day
AIRPORT ROAD
SOUTH SUBBASIN
38.4 CSM (0.06 cfs/acre)
25 yea'/3 day
Words st.'".z'ck tSrcugh are deleted; words underlined are added. 2
(South of Vanderbilt
Beach Rd.)
COCOHATCHEE
CANAL BASIN
25.6 CSM (0.04 cfs/acre)
25 year/3 day
LELY CANAL
BASIN
38.4 CSM (0.06 cfs/acre)
25 year/3 day
HARVEY BASIN
35.2 CSM (0.055 cfs/acre) 25 year / 3 day
WIGGINS PASS
BASIN
83.2 CSM (0.13 cfs/acre)
25 year / 3 day
e. In all other areas of the County off-site discharge
shall not be in excess of O. 15 cfs/acre.
Variations to the above requirement may be allowed with County staff
approval based upon special engineering studies prepared by a
Registered Professional Engineer. Unless otherwise specified by
previous SFWMD permits or SFWMD criteria, a stormwater event of
a 3 day duration and 25 year return frequency shall be used in
computing off-site discharges. Allowable discharges will be
designated by SFWMD on a case by case basis upon request.
SECTION TWO. A new Paragraph 7. H is added to Article II, Section
2.01 of Ordinance No. 74-50, as amended, to read as follows:
H. Raising Elevation of Single Family Residence Lot
Subsequent to Construction of the Residence. Subsequent to the
construction of a single-family residence on the respective lot (parcel
of land), it shall be a violation of this Ordinance to cause "additional
surface water" to run onto any real property owned by another
landowner by filling, grading or otherwise raising the elevation of the
respective water source single family residence lot. This provision
shall not apply to the extent that such filling, grading or other land
elevating acts occur concurrently with the initial construction of the
single-family residence. This provision shall not apply to the extent
that such filling, grading or other land elevating acts are mandated by
statute, ordinance, rule or regulation. In the context of this provision
"additional surface water" shall be limited to surface water that
exceeds the historic surface water flows from the respective single-
family residence lot. If the historic surface water flows are exceeded
because of such filling, .grading or other actions, it shall be the
.responsibility of the owners of such water source lot to eliminate the
flow of such additional surface water by construction of a depression,
such as a swale, or by other appropriate measures. If such grading,
filling or other lot elevating actions come to the attention of Staff prior
to their completion, Staff may issue a stop work order if Staff
reasonably believes that such filling, grading, or other lot elevating
acts are likely to cause a violation of this provision, in which event the
landowner of the water source lot shall either provide evidence that
completion of the planned elevation of the lot will not cause a
Words strack tb.."cugh are deleted; words underlined are added. 3
violation of this provision, or shall be required to modify the planned
lot elevating activities to eliminate the anticipated flow of additional
surface water, by construction of a depression, such as a swale, or by
some other appropriate measures. If the elevation of the lot is raised
by such filling, grading or other lot elevating actions and it is proven
that thereafter additional surface water flows off of the lot onto land
owned by another landowner, it shall be a rebuttable presumption
that such additional surface water run-off was caused by that
elevation of the water source single-family residence lot. Anyone
who claims to be "grand fathered" against application of this provision
(by alleging that the respective grading, filling, or other lot elevating
actions were completed prior to the effective date of this provision)
shall have the burden of proving the allegation.
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of
Collier County or other applicable law, the more restrictive shall
apply. If any phrase or portion of this Ordinance is held invalid or
unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions.
SECTION FOUR. INCLUSION IN THE CODE OF LAWS AND
ORDINANCES.
This Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance
may be renumbered or relettered to accomplish that result, and the
word "Ordinance" may be changed to "Section", "Article", or any
other appropriate word.
SECTION FIVE. EFFECTIVE DATE.
This Ordinance shall be effective upon receipt by the Florida
Department of State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida this,~o~,4.,day of
.... '~" ~'.i~)~.~,2001.
~" . ,, ,, .! . ; a ',. ~
': 'ATTEST-: ; BOARD OF COUNTY COMMISSIONERS
Dv~ight E.. Brock, Clerk COLLIER COUNTY,
Att:e
signature
Approveo as to form
and legal suffiBier)cy
Th .'Palmer,
Assistant County Attorney
Carter, Ph.D., Chairman
This ordinonce fi~ed with the
Secretary of ~te's Of~
and acknowledgem .
OT trl~
~Ii~roceive~A~~ day
Words str'--'ck t~zcugh are deleted; words underlined are added. 4
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2001-27
Which was adopted by the Board of County Commlssio~_~s
_
the 22nd day of May, during Regular Session.
WITNESS my hand and the official seal of the Board
County Commissioners of Collier County, Florida, this 23r~a~
of May, 2001.
Clerk of Courts and
Ex-off,cio to Board, of
ounty Commlsslonens
By: Ellie Her fman,
Deputy Clerk