The URL can be used to link to this page

DSAC Agenda 03/04/2015 DSAC Meeting March 4, 2015 3:00 PM 2R00 N. Horseshoe Drive Growth Management Division DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA March 4, 2015 3:00 p.m. Conference Room 610 NOTICE: Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time. Speakers are required to fill out a "Speaker Request Form," list the topic they wish to address, and hand it to the Staff member seated at the table before the meeting begins. Please wait to be recognized by the Chairman, and speak into a microphone. State your name and affiliation before commenting. During discussion,Committee Members may direct questions to the speaker. Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order,and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all statements being made. I. Call to Order-Chairman II. Approval of Agenda III. Approval of Minutes from February 4,2015 IV. Public Speakers V. Staff Announcements/Updates A. Code Enforcement Department update—[Jeff Wright] B. Public Utilities Division update—[Tom Chmelik or designee] C. Growth Management Division/Transportation Engineering and/or Planning—[Jay Ahmad and/or Reed Jarvi] D. County Fire Review update—[Shawn Hanson and/or Shar Hingson] E. North Naples Fire Review update—[Eloy Ricardo] F. Growth Management Division/Operations&Regulatory Mgmt./Development Review—[Ken Kovensky and/or Matt McLean] VI. New Business A. Resignation letter from Eleanor Taft B. Lot Coverage Affidavit[Matt McLean] C. 50% Form [Rich Long] D. Presentation of the New Irrigation Ordinance[Peter Lund] E. LDC Amendment update [Caroline Cilek] VII. Old Business A. Update on the Floodplain Management Planning Committee[Caroline Cilek] VIII. Committee Member Comments IX. Adjourn Next Meeting Dates April 1,2015 GMD Conference Room 610—3:00 pm May 6, 2015 GMD Conference Room 610—3:00 pm June 3, 2015 GMD Conference Room 610—3:00 pm February 4,2015 MINUTES OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, February 4, 2015 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 P.M. in REGULAR SESSION at the Collier County Growth Management Division Building, Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: Chairman: William J. Varian Vice Chairman: Blair Foley David Dunnavant James E. Boughton Clay Brooker Dalas Disney Chris Mitchell Robert Mulhere Mario Valle (Excused) Stan Chrzanowski Eleanor Taft Norman Gentry Marco Espinar Ron Waldrop (Excused) Laura Spurgeon DeJohn ALSO PRESENT: Jamie French, Deputy Administrator Judy Puig, Operations Analyst, Staff Liaison Kris Van Lengen, Principal Planner, Collier County Utilities Caroline Cilek, LDC Manager John Podczerwinsky, Transportation Planning Jeff Wright, Director, Code Enforcement Matt McLean, Manager, Development Review Jack McKenna, County Engineer Ken Kovensky, Director, Operations and Regulatory Management 1 February 4, 2015 I. Call to Order- Chairman Chairman Varian called the meeting to order at 3:00pm II. Approval of Agenda Mr.Dunnavant moved to approve the Agenda. Second by Mr. Mulhere. Carried unanimously 10- 0. III. Approval of Minutes from January 7,2015 Meeting Mr. Foley moved to approve the minutes of the January 7, 2015 meeting subject to the following changes: • Page 3 —Item C—bullet point 4—from"Collier Blvd—Wilson Blvd..."to"Golden Gate Blvd. — Wilson Blvd..." • Page 4—Item B—paragraph 2 from"Mr. Disney reported he does not support the concept of Impact Fees, but recognized the overall intent of Staff's recommendation is to lower the existing rates"to "Mr. Disney reported he supports Staff's recommendation as it provides for a net decrease in the existing rates." Second by Mr. Disney. Carried unanimously 10-0. IV. Public Speakers None Ms. Taft arrived at 3:05pm Ms. DeJohn arrived at 3:06pm V. Staff Announcements/Updates A. Code Enforcement Department update— [Jeff Wright] Mr.Wright provided the report"Collier County Code Enforcement Department Blight Prevention Program - Cumulative Code Enforcement statistics- 7/2009-1/25/15"for infofination purposes. B. Growth Management Division/Transportation Engineering and/or Planning— [Jay Ahmad and/or Reed Jarvi] John Podczerwinsky reported: • US41/Collier Blvd. Intersection—47 percent complete. • Golden Gate Blvd. —design build project, contract to be awarded by BCC on 2/24/15. • Collier Blvd. - Green Blvd. to Golden Gate Blvd. —Notice to Proceed issued with construction completion anticipated for 4/17. • LASIP—County Barn Road-Notice to Proceed issued,with completion anticipated for 4/16. C. County Fire Review update— [Shar Hingson and/or Shawn Hanson] Shawn Hanson reported the Department continues to meet the goals established for review times. D. North Naples Fire Review update— [Eloy Ricardo] Dale Fey,North Naples Fire and Rescue District reported review of applications and related inspections are occurring at an acceptable level of service. 2 February 4, 2015 Mr. Chrzanowski arrived at 3:20pm E. Growth Management Division/Operations & Regulatory Management [Ken Kovensky] and Development Review [Matt McLean] updates Mr. Kovensky submitted the "Collier County January 2015 Monthly Statistics"which outlined the building plan and land development review activities. He noted: • The demand for inspections related to building permits continues to place a burden on the Department. • The Department is now capping daily inspections to a number of 24 per day/per inspector. • Staff is submitting a request to the Board of County Commissioners for 10 additional Full Time Employees (FTE's)to assist in meeting the increasing demand for service. • Staff is still considering the most optimal measures required to re-initiate time certain inspections for most categories of building permits. • He requested the Committee provide a recommendation to the BCC on the proposal for hiring 10 additional FTE's. Mr. Foley moved to support Staff's recommendations to add 10 additional full time employees. Second by Mr. Mulhere. Mr. Dunnavant expressed concern the proposal does not incorporate a specific plan on how the employees will be utilized to address the inspection demand issue,especially given the cap on daily inspections and the previous decision to eliminate"time certain inspections"for certain construction categories. Others noted at this point, given the demand for inspections, it would be prudent to move forward with the proposal and hire the personnel whereby a plan may be developed at a later date. Motion carried 12 "yes"—2 "no." Mr.Dunnavant and Ms. Taft voted"no." Mr. French reported Staff has begun to undertake measures to address the elimination of the time specific inspections by publishing the daily inspection schedule first thing in the morning so a party is aware of where they are on the list and approximately when they can expect the inspector to arrive on scene. Mr. French stated he would provide an update to the Committee at the next meeting including the measures proposed to re-initiate "time certain"inspections and a time frame for the implementation of the measures. Mr. Kovensky reported: • Staff will be providing a request to the BCC in February for developing the software necessary to initiate electronic plan review through the City View portal. He noted: 0 The system will replace the existing SIRE software system at a cost of approximately $115,000. o The system will incorporate land use plan review. 0 Staff and client support will be available from the vendor. 3 February 4, 2015 • The County Attorney's Office is working on an agreement to be executed by the County Clerk's Office and the Board of County Commissioners for Notice of Commencements to be issued through the Growth Management Division. The Committee requested Staff to review the `plunzbing trenches"inspection codes to ensure they are as streamlined as possible. Mr. McLean provided an update on land use plan review activities noting: • Staff is reviewing the requirements for right of way permitting to help improve levels of service. • Staff continues to develop "guidebooks"to assist individuals with the County requirements for permitting including stormwater,utility and landscaping planning and design. • Staff reported the number of pages of recorded subdivision plats in 2013 was 242 and 280 in 2014. The Committee requested Staff to: I. Incorporate the number of plats recorded as well as the total number of pages into the reporting. 2. Provide data on the review times for land use applications by category. Mr. Mulhere left the meeting at 3:40pm VI. New Business A. Public Utilities converting job bank positions to full time [Joe Bellone] Mr. Bellone provided the handout "Public Utilities Job Bank Conversion to FTE's" for information purposes. He noted: • The Department proposes to convert 24 "job bankers"to Full Time Employees(FTE's). • There is no fiscal impact as user fees cover the expenses. • The Department has found the job markets is becoming more competitive and the Department expends considerable time, effort and financial resources to train to job bankers, only to have them leave the Department when offered a full time position elsewhere. • He requested a recommendation from the Committee on the proposal. Ms. DeJohn moved to endorse Staff's recommendation to convert 24 Public Utilities job bankers to full time employees. Second by Mr. Chrzanowski. Carried unanimously 12—0. B. Public Utilities Division updates to remove from monthly meetings— [Nathan Beals and/or Tom Chmelik] Mr. Van Lengen addressed the Committee and requested the Division be removed from the monthly meeting agenda and report only items when necessary. He noted many times Staff mobilizes for a meeting when there is nothing to report. The Committee expressed concern items such as changes to the Utility Manual Standards are presented to them in final draft form. It would be beneficial for Staff to be more proactive and apprise them in advance on the rationale for addressing an issue prior to the request for a recommendation on a proposed Ordinance change,etc. Additionally, unforeseen questions may 4 February 4, 2015 arise from Committee Members on an issue and a Staff member would not be present to respond to the item. The Committee reached consensus and retaining the item on the Agenda. VII. Old Business A. FloodpIain compensation [Jack McKenna] Mr. McKenna provided an update on the floodplain compensation issue raised by George Hermanson at the previous meeting noting: • The requirement for floodplain compensation began in 2012 with adoption of the new County Floodplain maps which addressed flooding in the eastern portion of the County. • Proposed projects must show there is no adverse impact on surrounding areas or additional stormwater storage to compensate for the impact must be provided on site. • The requirement may have a negative impact on the amount of developed area allowed on a site for a proposed project. • The current process requires design professionals to submit a floodplain analysis to South Florida Water Management District(SFWMD)for approval. • SFWMD is in the process of developing criteria for their independent review of applications for floodplain compensation. • One SFWMD policy already in place is that review for parcels 10 acres or less in size is delegated to County,however the County's intent is for SFWMD to review the proposals in the future. • Infill parcels—Staff recommends a minimum acreage exception however at this point, SFWMD does provide an exception for smaller parcels. • Properties in coastal areas are not required to provide floodplain compensation. • For projects deemed "Under 10/Under 2", (under 10 acres in size and less than 2 acres of impervious area are not subject to review by SFWMD, however the engineer must provide the analysis for floodplain compensation to the County. • No additional compensation is required for single family lots that have been previously platted. • He will provide updates to the Committee as information becomes available. The following items were noted under Committee discussion • Concern an environment is being created whereby parcels were previously allowed to be developed absent of compensation requirements impacting adjacent parcels whose owner's now may have to address the issue. • Concern the requirements may trigger Burt Harris Act claims. B. Update on the Floodplain Management Planning Committee [Caroline Cilek] Ms. Cilek provided a Memo that was provided to the Committee dated January 28,2015. She noted: • The memo includes reference to an on line link which allows individuals to access the Plan. • The Floodplain Management Plan is required for the County to maintain its conformance with FEMA's floodplain disaster funding guidelines and the Community Rating System (CRS). 5 February 4, 2015 • The CRS allows discounted flood insurance rates for policy holders based on levels of points obtained for floodplain management activities • The County is currently a CRS classification of 6,which provides for a 20 percent discount in flood insurance premiums and is striving to obtain a level 5 classification which would allow for a 25 percent discount in rates to the residents. • The Plan is required to be updated every 5 years. • The Plan identifies specific goals, objectives and action items for floodplain management. • The action items include developing public information programs, supporting stormwater planning projects,maintaining a professional landscaper certification program, developing a Low Impact Design Manual, review of the Land Development Code and Flood Prevention Ordinance to propose improvements regarding floodplain management, etc. • The Plan is not "regulatory" and proposes no changes in the flood plain maps or regulations. • Any changes to the Plan require approval by the BCC,however the Floodplain Management Committee work on the action items. • The City of Naples and Marco Island address the requirements of the CRS separately from the County, but are allowed to participate in the County's Plan to meet their requirements under the Program. • A localized"Bubble Map"has been developed to aid in identifying areas subject to localized flooding based on complaints filed with the County. Committee Member Mario Valle was not present, but submitted an email which recommended involving the Real Estate Community by reaching out to NABOR and the Marco Island REALTOR board to have them develop a program to distribute information to property owners. Under Committee discussion it was noted: • There are no LDC amendments proposed at this time in regards to floodplain management. • Under the CRS program, approximately$1.5M annually will be saved by those residents holding flood insurance policies. Ms. Cilek requested the Committee provide a recommendation on the Plan. Mr. Foley moved to recommend the Board of County Commissioners adopt the Flood Plain Management Plan as presented by Staff Second by Mr. Gentry. Carried unanimously 11—0. VIII. Committee Member Comments None IX. Adjourn Next Meeting Dates March 4,2015 GMD Conference Room 610—3:00 pm April 1,2015 GMD Conference Room 610 —3:00 pm May 6, 2015 GMD Conference Room 610—3:00 pm June 3,2015 GMD Conference Room 610—3:00 pm 6 February 4, 2015 There being no further business for the good of the County,the meeting was adjourned by the order of the Chair at 4:50PM. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Chairman, William Varian These Minutes were approved by the Board/Chairman on , as presented , or as amended 7 Collier County Code Enforcement Department Blight Prevention Program Cumulative Code Enforcement statistics 7/2009—2/22/2015: Amount of Fines Waived (BCC, CEB, OSM) since July 2009 $22,262,998.96 Department Performance Statistics 1 Week 4 Week Cumulative FY15 2/16/15-2/22/15 1/26/15-2/22/15 Number of Code Cases Opened 116 831 3493 Number of Educational Patrol Visits 148 765 4058 Number of Code Case Property Inspections 434 2073 10650 Number of Cases Closed with Voluntary Compliance 35 142 1022 Number of Community Meet and Greet events 4 8 50 Number of Community Clean-up Events 1 3 9 Number of Abandoned Home Sweeps 1 7 32 Number of Other Sweeps 2 13 49 Code Enforcement Board and Special Magistrate 0 36 152 Orders Number of Liens Filed 0 61 218 Number of Nuisance Abatements Processed 16 60 345 Amount of Fines Waived (BCC, CEB, OSM) $0.00 $76,200.00 $3,297,250.04 New Bankruptcy Filing Notifications 0 1 3 Number of Bankruptcy Documents Received 2 16 48 Number of Cases Affected by Bankruptcy 11 13 23 Number of Requests for Property Payoff Requests 9 45 187 Number of Requests for Property Lien Searches 179 818 3488 Number of open code cases included in Lien Search 8 35 228 Results Number of Cases Open due to Lien Search 0 0 1 Number of Permits Issued: Garage Sale, Recreational 42 175 860 Vehicle Number of Citations processed from DAS, PU, PR,SO, 42 342 1543 & CE Average Time from Complaint to Completion of Initial 1.5 2 2 Inspection Average Number of Code Cases Per Investigator 41 39 41 Open Cases by District Golden Gate—214 East Naples-166 Immokalee—227 Golden Gate Estates—228 North Naples—199 Total Open Cases—1,034 For period of: 2/16/15-2/22/15 Report by Case Type Animal-0 Accessory Use-2 Land Use-7 Noise—2 Nuisance Abatement—11 Occupational License—0 Parking Enforcement-7 Property Maintenance—10 Right of Way-6 Sign—1 Site Development—12 Snipe Sign-21 Temporary Land Use-0 Vehicle—22 Vehicle for Hire-8 Vegetation Removal—7 Total- 116 Complaint Reported by: 1 Week 4 Week Since BCC policy 3/12/13 2/16/15-2/22/15 1/26/15-2/22/15 0 6 282 Elected Official Anonymous accepted 0 1 67 Anonymous n..+accepted 1 9 77n pursuant to BCC policy Code Enforcement Department Monthly Report January 2015 Highlights • Cases opened: 639 • Cases closed due to voluntary compliance: 212 • Property inspections: 2,028 • Education patrol visits: 959 Trends 1200 _ Cases Open Per Month V oNi _A O 0 N 1000 -------.- - O °rn m—� rn o00— mom— — 53 00 co 0 N.800 _ _-- _n__.al gli I I I I I 1 I I I O 600 ��_vr--�—�'--"'- � ' t 600 _M 1 1 1 1 1 11 111111111111111111 200 I I HI HI 1 1 1 1 1 1 1 1 I m m m m m m on m m m m ••:t c a a et .4 ct er .4- a Ln e-1 e-i rl e71 r-i N c-i ci '-1 c-I ri H c71 eH e71 ri c-1 71 c-i c71 r-1 <-i c-I a1 ia 2, ¢ j>3 0 z 0 23, g < g a z 0 Code Inspections per Month In N N O 0 i N. w_._N r"- 3000 o D tD N N N al in - o._ PI- vs- � .^- N N m a m N op h No 2500 rn N N N N ' , 'o N e-1 N m N —� .� oo N fil ri 2000 m 11111111111 1 1500 1 1 1 III 11 11111 1111111 1000 I 111111111111111 I I I 1111 500 11111111 . 1 I 11111111 m m m m m m m m m m m ct c cr •J' V d' Cr d' .4 ct Cl- ul e-i i--1 e 1 e•1 e-i N a--i e-1 rl c-I 74 r-i c-1 71 71 71 r I c-1 e-1 c'1 71 H 71 a-I Q L 80 d 4 U S] 1- ,ti. T t1 Q -; u C u. ¢ i' 2 — ¢ ,5`), O z O '' u < C C - Q VI 0 z 0 f6 Total Code Cases by FY 12000 10000 10573 8000 MI 6000 4000 2000 15113 0 FY12 FY13 FY14 FY15 7000 6417 6000 5000 156 Origin of Case 4000 se cc pniflepiinavuelsttkilg,taiat aurci ln i aux' 3000 1928 1805 2nrio 1111126 b113 1000 0 FY12 FY13 FY14 FY15 Community Caretaking List Properties Added and Removed 250 200 150 100 50 0 IJLLRLLL [ LRFF Oct-13 Nov-13 Dec-13 Jan-14 Feb-14 Mar-14 Apr-I4 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14 Jan-IS Oct-13 Nuv-13 Dec-13 Jan-14 Feb-14 Mar-14 Api-14 tv1ay-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-14 Jan-IS ■RrmovedPwperlics 7 3 51 58 71 73 50 105 63 86 110 16 46 38 48 39 ■Added Properties 212 72 104 8 12 11 4 29 14 20 11 6 4 3 2 1 Community Caretaking List Monthly Totals 1200 1680000000 G00 ADO 200 0 Oct-I3 Nov-13 Der-13 Jan-14 Feb-14 Mar-14 Apr-14 May-14 bus-14 Jul-14 Aug;I4 Sep-14 Oct-14 Nov-14 Dec-14 Jon-15 Feb•15 Oct-13 Nov-13 Dec-13 Jan-I4 Feb-14 Mar-14 Apr-14 May-14 Jun-14 Jul-14 Aug-14 Sep-14 Oct-14 Nov-14 Dec-IA Jan-15 1-eb-15 •Series1 771 976 1045 1098 1048 989 927 881 805 756 690 591 581 539 509 463 425 WITh WOODWARD, PIRES c LOMBARDO, P.A. ATTORNEYS AT LAW CRAIG R WOODWARD klra�l C-rifled:.Real Estate MARK J WOODWARD s"`"""` '•Rea' "°` February 12,2015 ANTHONY P PIRES JR &naiCe tided.GIN G,unty, and Lrml Government I CHRISTOPHER LOMBARDO VIA E-MAIL and Family Law Judy Puig Operations Analyst ELEANOR W.TAFT Growth Management Division/Planning&Regulation Admitted to Rhode k Bu Or Coav,I 2800 N. Horseshoe Drive ROBERT F.MURRELL Naples,Florida 34104 Of Cowo,d RE: Eleanor W.Taft—DSAC Resignation JENNIFER L DEVRIES JENNIFER M.TENNEY Dear Judy: LENORE T. BR.AKEFIELD I have accepted an in-house position at Lennar Corporation and will not be able to Mem HEW F.FLORES continue to attend the Development Services Advisory Committee meetings. Please J.TODD MURRELL accept this Ietter as my formal resignation from the Development Services Advisory Committee. It has been my pleasure and privilege to be a member of DSAC. Sincerely, —•r Elr:, ., REPLY 10: 23 3200 TAMIAMI TRAIL N. SUITE.200 NAPLES,FL 34103 239-649-5555 239 649 7342 FAX 0 606 BALD EAGLE DRIVE SUITE 500 PO.BOX ONE MARCO ISLAND.FL 34146 239-394-5161 239-642-6402 FAX WWW.WPL-LEGAL,COM • yYl ^ ) x `1 kcA, 5elt _f S • .:: ,,,,,,..4,„„s 1Cbti:. t °k y5„t rr rof r•y, iy ' r" 4E4� z r 5 4F ' .r,..,„,-,,,...3 =a ' r„,. " l..r' 4" i a. vi l s ` qtr .oyQ Ia ej •: sok ` ' ' • v{r�tir � ' 4� � { T n' rrs L. y a 'Jr ii 1. _ ) __-:-....,5,,,,,-77.-.-:: if. tr. r I , ter" � y :-.1>•1teA ��" 1,.. .� 5 -i` F 5 t. `sr't t l v_/,i� -^`^ .� Z _vim. .,....,....i4,-4.X4.;%,„-- t., • h y `'ti w rs � _ ,, :„„,,,,, ..,7„;,,c.,,...,', , ',__ ii.,, ‘,..:A. '„,1 _, a fW bra '''. *.; /"" ,�, l •fie / A• � - "b Y ...: ~ ..,'..t.*-..:" .. '';`"?artiti'''':',--.',„." *-.4* ' 4-''' ''''''..'"4.X :'''''' .•-......,*•i.',,,-,-:',"!;%:". ,2",?.:;I',- aillikill` ' ..,t,.."''' • . l+`_ t 'its'# ry :'',.? : 'ir,* '•;:',T..."'•::+.1!'•••':-.•'.. ay :i J c r, K t ., ' „�'., gp , r • { m r r� tSubstantiali,,,--,ove e u‘,....;„.; •,_ s an 1 a am a e . . .. .....' „,. .,.......„... .„:„..„4;,,,,...n...,:e..x,„ .,:. ... . .._,_:..,„.„..,,,,L ..„ . .,...,.....,_.,...... .... ,... ...,.:,....„..„„fp.41,,,,,::;,,„.414 . .... .... .. . ,;.,,„....,,,.,_,.,,,_:,..,..,.t..,,,:y4,p,e40,;,:i1.6.7,71. . ., . _. ...„..... ........:„.....,...„,...4...,,,,v,„„.14,44,, . es �. e erence . . .. . ... .„ .... . � , ' . . .,..... .,.._. .....„....,„.3.','"..,C•,,..0.4,4544.81,/,"(‘-er, I • FEMA P-758 / May 2010 • rr js rods i ';;' „;;,:'7%' a ,537 1 ,. • oyznxrnsF., s 1 rte. fF Off' 'zT�? ” ¢.6,i FEMA - �'4ND SE%'. s s h uR i,+Yrti a` 5.• 4 MAKING SUBSTANTIAL IMPROVEMENT AND SUBSTANTIAL DAMAGE DETERMINATIONS applications and prepare a finding with regard to the value of the proposed work. If the value equals or exceeds 50 percent of the market value of the building before the damage occurred or the improvement is started, the finding is provided to the board of appeals. L R112.2.1 Determination of substantial improvement in areas prone to flooding. This section requires the board of appeals to determine if a proposal, referred to the board by the building official pursuant to Section R105.3.1.1, constitutes a substantial improve- ment (or repair of substantial damage).If the proposed work is found to be a substantial improvement or repair of substantial damage, the work must meet the requirements of Section R324 (Flood-Resistant Construction). IEBC. The TFBC is organized based on the nature of the work: repairs; repair of damaged buildings; alterations (Levels 1, 2, and 3); work associated with change of occupancy classification; additions (horizontal, vertical, new/raised foundations); and relocated or moved buildings. These characterizations of work are similar to those used in Chapter 6 (also see Table 3-1, which lists the definitions and terms used in the IEBC). The provisions of the IEBC that pertain to flood resistance are all triggered by a determination of whether the work constitutes a substantial improvement or a repair of substantial damage. When that occurs, the IEBC requires the building to be brought into compliance with the flood damage-resistant provisions of the IBC (located in IBC Section 1612).The IEBC also includes provisions for historic structures that are located in SFHAs. 4.4 Determining Costs of Improvements and Costs to Repair The term "costs of improvements"includes the complete costs associated with all of the types of work that are described in Chapter 6. The term "costs to repair" includes the costs of all work necessary to restore a damaged building to its pre-damage condition. Both teuus include the +' costs of all materials,labor, and other items necessary to perform the proposed work. Costs that must be included are described in Section 4.4.1 and certain costs that may be excluded are de- scribed in Section 4.4.2. Figure 4-2 illustrates the steps that local officials need to take in order to determine costs for making ST/SD determinations. The term "substantial damage"refers to the repairs of all damage sustained and cannot reflect a level of repairs that is less than the amount of the damage sustained. If an owner does not intend to repair the damaged building right away or if the owner cannot afford to make all re- pairs immediately, the local official should inspect the property to determine whether,based on estimates, the work required to restore it to its pre-damage condition will constitute substantial damage. If this is the case, then the cost to repair is compared to the building's market value and the local official should provide written notice to the owner of the substantial damage de- termination.The local official should include in the written notice information about obtaining permits and about the floodplain management requirements that must be met. Further, some- times these buildings also are improved beyond their pre-damage condition. If proposed, then the cost of improvements must be included along with the cost to repair to make the SI/SD de- ! : termination. Note that the substantial damage requirement applies regardless of the cause of damage, such as wind or fire. 4-4 SI/SD DESK REFERENCE MAKING SUBSTANTIAL IMPROVEMENT AND SUBSTANTIAL DAMAGE DETERMINATIONS 4 I i Review application for improvements and/ or repairs to determine nature and extent of work,location of building,whether it is pre- t or post-FIRM(Chapters 4 and 5) Review cost estimates and ensure Determine cost of proposed Use the cost of work in the k;,: that all appropriate costs are SI/SD determination 1 included/excluded work(Section 4.4) t C (Section 4.3) i If post-disaster screening(Section 7.4) indicates buildings may be substantially damaged, use FEMA's SDE (Section 7.5)or other method to estimate costs Figure 4-2. Determine the cost of work(overview) The following topics related to determining costs will be covered in this section: Local officials will need to deter- mine the necessary level of detail Costs that must be included for the costs of improvements and costs of repairs from permit ap- Costs that may be excluded plicants or contractors in order to make a SI/SD determination. Acceptable sources of cost information • Estimates of donated or discounted materials • Estimates of owner and volunteer labor Demolition, debris, and disposal Clean-up and trash removal • Cost exclusions to correct existing health,safety, and sanitary code violations 4.4.1 Costs That Must be included in Sf/SD Determinations Items that must be included in the costs of improvement and the costs to repair are those that are directly associated with the building. The following list of costs that must be included is not intended to be exhaustive, but characterizes the types of costs that must be included: • Materials and labor, including the estimated value of donated or discounted materials (Section 4.4.4) and owner or volunteer labor (Section 4.4.5) Site preparation related to the improvement or repair (e.g.,foundation excavation or filling in basements) Demolition and construction debris disposal (Section 4.4.6) SI/SD DESK REFERENCE 4-5 1 j 4 MAKING SUBSTANTIAL IMPROVEMENT AND SUBSTANTIAL DAMAGE DETERMINATIONS Labor and other costs.associated with demolishing,moving,or altering building components to accommodate improvements, additions, and making repairs ® Costs associated with complying with any other regulations or code requirement that is triggered by the work, including costs to comply with the requirements of the Americans with Disabilities Act (ADA) Costs associated with elevating a structure when the proposed elevation is lower than the BFE El Construction management and supervision Ed Contractor's overhead and profit Sales taxes on materials ra Structural elements and exterior finishes, including: Foundations (e.g., spread or continuous foundation footings, perimeter walls, chain- walls, pilings, columns, posts, etc.) " Monolithic or other types of concrete slabs _i) Bearing walls, tie beams, trusses Joists, beams, subflooring, framing, ceilings Interior non-bearing walls ' Exterior finishes (e.g.,brick,stucco,siding,painting, and trim) _il Windows and exterior doors Roofing,gutters, and downspouts Hardware i Attached decks and porches Interior finish elements,including: ? Floor finishes (e.g., hardwood, ceramic, vinyl, linoleum, stone, and wall-to-wall carpet over subflooring) Li Bathroom tiling and fixtures -_:' Wall finishes (e.g., drywall, paint, stucco, plaster, paneling, and marble) El Built-in cabinets (e.g., kitchen,utility, entertainment, storage, and bathroom) <! Interior doors Interior finish carpentry 1:L1' Built-in bookcases and furniture _; Hardware Insulation 4-6 SI/SD DESK REFERENCE Cdfier County Public Utilities Division Year-Round Water Conservation for Landscape Irrigation Ordinance No. 2015-XX [NOTE Ordinance 2002-17 the Collier County Irrigation Ordinance will be replaced and repealed by this new Ordinance. 2000-61 a previous irrigation ordinance will be repealed with this new Ordinance] Vision To optimize limited available water resources used for all uses. Mission To provide the highest quality water to our irrigation customers, throughout Collier County, with optimal quantities managed through conservation measures. Guiding Principles 1. Continue to provide high quality irrigation water 2. Continue to improve conservation to meet current and future demand 3. Establish a conservation culture through financial incentives 4. Provide the highest quality public education program 5. Establish an appropriate compliance program to achieve full adherence Considerations Originally planned as an amendment to the existing ordinance (Ordinance No. 2002-17) the proposed new Ordinance is necessary to complement amendments to South Florida Water Management District (SFWMD), Mandatory Year-Round Landscape Irrigation Conservation Measures, Chapter 40E-24, F.A.C., as amended. These mandatory conservation measures are intended to provide a framework for consistent implementation to ensure the long-term sustainability of the water resources of the region, increase water use efficiency and prevent and curtail wasteful water use practices through regulatory means for landscape irrigation by all users. The measures prohibit landscape irrigation during those periods of the day when irrigation efficiency significantly decreases. PUD (Water, Wastewater IQ, UBCS/UEC, and SFWMD) wants everyone to be treated similarly and fairly, for example to ensure that residential and commercial properties irrigating with water from any water source, all follow the same restrictions. Those communities and organizations operating under SFWMD consumptive permits are also similarly treated under 40E-24, F.A.C., unless subject to a variance. This helps monitoring for non-compliance and saves our investigators and those of SFWMD from having to pull up maps and permits to determine who is covered by what regulation. Any IQ water savings resulting from the inclusion of IQ in the irrigation conservation measures can potentially make more IQ water available for other government entities and citizens, further conserving potable water from unnecessary landscape irrigation. Summary of proposed changes The new Irrigation ordinance is based on the model ordinance provided by the SFWMD with one or two localized inclusions: 1. IQ Water is included with potable, lake, well and other water sources within the days and hours for irrigation restrictions. 2. An appendix has been added to provide information on how to submit an application for a variance. This was provided as an appendix so that any future changes could be facilitated without seeking a Board approval to amend the ordinance itself. 3. Variances are explicitly recognized for property owners who install, maintain, and monitor 'smart' soil moisture irrigation systems. The following are exempted from the irrigation restrictions: "Athletic play area" means all golf course fairways, tees, roughs, and greens, and other athletic play surfaces; including, football, baseball, soccer, polo, tennis, and lawn bowling fields and rodeo, equestrian, and livestock arenas. Community outreach is scheduled to include email notification to all HOAs and COAs and staff attendance at community civic association meetings to disseminate information regarding the water conservation measures included in the amended ordinance. Additional information will also be available on the www.colliergov.net website: Utility Billing & Customer Service, Water and Sewer Services. Project Delivery Team Steve Messner, Water Department Director Beth Johnssen, Wastewater Department Director Joe Bellone, Director Financial Operations Peter Lund, Manager Customer Service and Utilities Education and Compliance rT ittP" 41 0\' 0° ORDINANCE NO.2002-J.7 6. 2! WATER IRRIGATION ORDINANCE OF COLLIER COUNTY; RESTRICTING THE HOURS OF WATER IRRIGATION IN UNINCORPORATED COLLIER COUNTY; PROVIDING TITLE AND APPLICABILITY; PROVIDING FINDINGS, PURPOSE, AND DEFINITIONS; PROVIDING IRRIGATION HOURS AND OPERATIONAL REQUIREMENTS; PROVIDING EXEMPTIONS AND VARIANCE PROCEDURES; PROVIDING PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY;PROVIDING FOR INCLUSION INTO THE COUNTY'S CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE WIHEREAS,Chapter 125,Florida Statutes,authorizes Boards of County Commissioners to enact ordinances deemed by the respective Board to be necessary to protect the health,safety, and welfare of the residents,citizens,or visitors of the respective County,and WHEREAS,the Board of County Commissioners of Collier County has determined that the protection of water resources is in the best interest of and for the long-term protection of the health,safety,and welfare of the residents,citizens,and visitors to Collier County,and WHEREAS,the Board of County Commissioners of Collier County has also determined that water conservation is an integral part of protecting current and future water resources,and WHEREAS,the Board of County Commissioners has deemed that placing certain restrictions on the use of water for irrigation is an effective means of conserving water. NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: SECTION ONE: TI'T'LE. rn 1.1 This Ordinance shall be called"The Collier County Water Irrigation t' jnanL " .� v C: b m SECTION TWO: FINDINGS. D `" CD>rri cn 2.1 Irrigation places a significant demand on water resources of Collier County, including the potable water supply system. 2.2 That adopting this Ordinance to limit allowable hours of irrigation is to promote conservation,to protect water resources,and to reduce demand upon all water sources,including sources of water that can be treated to become potable water. 2.3 That restricting allowable hours of irrigation pursuant to this Ordinance will not create undue hardship on the users of water from the affected water sources. SECTION THREE: PURPOSE AND APPLICABILITY, 3.1 The primary purpose of this Ordinance is to provide the regulatory framework to assist in conservation of water resources through consistent and uniform application of restrictions on use of water for irrigation in unincorporated Collier County. 3.2 This Ordinance shall be applicable notwithstanding any other Collier County Ordinance. SECTION FOUR: DEFINITIONS The following definitions apply throughout this Ordinance: 4.1 "County"means Collier County,a political subdivision of the State of Florida, by and through its Board of County Commissioners and as Ex-Officio the Governing Board of the Collier County Water-Sewer District and Goodland Water District. 4.2 "Code Enforcement Officer"means any authorized agent or employee of the County whose duty it is to enforce the County's codes, 4.3 "Impervious Surfaces"means surfaces that do not allow penetration of water, including,but not limited to,paved or concrete roads,paved or concrete sidewalks,paved or concrete driveways,paved or concrete parking lots,or highly compacted areas including shell or clay. 4.4 "Irrigation"means the application of water by means other than natural precipitation. 4.5 "Irrigation Systems"means equipment and/or devices which deliver water to landscaping being irrigated including,but not limited to,pumping stations and controls,control structures,ditches,public or private wells,piping,valves, fittings,and emitters. 4.6 "Landscaping"means all residential,commercial,institutional,industrial,and governmental areas which are considered as lawns or ornamentally planted, including,but not limited to,sod,grasses,turf,ground covers,flowers,shrubs, trees,mulch,hedges,and other similar plant materials. 4.7 "Low Volume Irrigation Systems"means equipment and devices specifically designed to deliver a volume of water consistent with the water requirement of the plant being irrigated and which delivers the water with a high degree of efficiency directly to the root zone of the plant. 4.8 "Low Volume Hand Watering"means watering attended by one person with one hose equipped with a self-canceling or automatic shutoff nozzle. 4.9 "Low Volume Mobile Equipment Washing"means the washing of mobile equipment with a bucket and sponge,a single hose with a self-canceling or automatic shutoff nozzle,low volume pressure cleaning equipment,or any combination of the preceding methods of washing. 4.10 "Low Volume Pressure Cleaning"means pressure cleaning by means of equipment that is specifically designed to reduce the volume of water used as accepted by industry standards. 4.11 "Pervious Surface"means every improved or unimproved surface that allows water to readily soak into,or recharge,the water aquifer under such surface. 4.12 "Water Resources"means any and all water on or beneath the surface of the ground,including,but not limited to,natural or artificial watercourses,lakes, ponds,and artificial water features,and water percolating,standing,or flowing beneath the surface of the ground. SECTION FIVE: IRRIGATION HOURS;OPERATIONAL REQUIREMENTS 5.1 All water irrigation activities within the specified geographic area(a) ._:.,. and Willl 11 the boundaries as designated in Section Six,and which are not exempted by Section Seven,shall be restricted to the days and hours as specified in Table 1. 2 Table 1.Collier County Water Irrigation Restrictions Landscaping Irrigation–Established ODD Numbered Addresses—' 3 days each week;Monday,Wednesday,Saturday; 12:01 AM to 8:00 AM for all types of irrigation;5:00 PM to 7;00 PM for Low Volume Hand Watering. EVEN Numbered Addresses 3 days each week;Tuesday,Thursday,Sunday, 12:01 AM to 8:00 AM for all types of irrigation;5:00 PM to 7;00 PM for Low Volume Rand Watering. Landscaping Irrigation–New(in place less than 60 days) ALL Addresses 5 days each week;Monday through Friday, 12:01 AM to 8:00 AM for all types of irrigation;Low Volume Hand Watering allowed anytime. Irrigation System Maintenance Existing Systems 10 minutes per zone per week;person must be present in zone and working on the system during each such operation. New Systems 30 minutes per zone,one time only;person must be present in zone and working on the system during such operation. Pesticide,Fungicide,Herbicide,Fertilizer Application ALL Addresses Application shall be coordinated with the scheduled day/time for Landscaping Irrigation;if applied outside of the allowed hours,and"watering in"is specified by the manufacturer of the applied material,a.licensed application technician must be on the premises. Other Outdoor Water Uses ALL Other Outdoor Water Other outdoor water uses,including car,truck,and boat Uses washing and the washing of exterior home surfaces and roofs, shall be allowed anytime with the use of Low Volume Pressure Cleaning Equipment,Low Volume Mobile Equipment Washing and/or water hose equipped with an automatic self-canceling or automatic shutoff nozzle;in all cases,the water used must drain to a pervious surface or to a water recycling/reuse system. 5.2 All water irrigation activities must and shall be operated in an efficient manner so as to not allow water to be applied to any impervious surface. .5.3 All water irrigation systems shall be equipped with a properly installed rain sensor switch. 5.3.1 A rain sensor switch shall be required on all new installations of irrigation systems. 5.3.2 A rain sensor switch shall be retrofitted on existing systems within one (1)year of the effective date of this Ordinance. 5.3.3 The rain sensor switch shall be maintained in fully operational condition at all times by the owner/operator of the irrigation system. 5.4 All water irrigation activities prohibited or restricted from time-to-time by any Water Shortage Emergency Order declared by the South Florida Water Management District and published in a newspaper of general circulation in Collier County pursuant to Section 373.175,Florida Statutes,shall automatically be incorporated into and be enforceable by application of this Ordinance.Each such Order shall apply to such geographic areas in Collier County as is specified in the respective Order,or if not specified,as otherwise then provided by law. Each Order shall be subject only to such exceptions as are specified in the respective Order,arid if not specified therein,as otherwise then provided by law. SECTION SIX: IRRIGATION RESTRICTION AFFECTED AREAS 6.1 The provisions of this Ordinance shall apply only in the unincorporated geographic areas in Collier County. 3 • SECTION SEVEN: EXEMPTIONS;VARIANCES 7.1 The following are exempt from all provisions of this Ordinance: 7.1.1 Landscaping irrigation from which the source of the water is 100% reclaimed water. 7.1.2 Landscaping irrigation from which the source of the water is 100% saltwater. 7.1.3 Irrigation wholly from a Low Volume Irrigation System. 7.1.4 Use of Low Volume Mobile Equipment Washing provided all unused water drains into only a pervious ground surface. 7.1.5 Water use to the extent authorized by a specific Consumptive Use Permit,or similar permit,issued to the respective water user by the South Florida Water Management District. 7.2 Any individual's or entity's irrigation that is affected by this Ordinance may make application to the County Water Department Director to request a variance if strict compliance with the restrictions of this Ordinance will impose a unique, unnecessary and inequitable hardship on such irrigation.Variance relief may be granted only upon a written application applying for the variance,which application contains proof that the irrigation hardship is peculiar to that individual,entity,or that affected property;that the hardship is not self-imposed; that the granting of the variance would be consistent with the general intent and purpose of this Ordinance;that the variance is necessary to eliminate an inequitable irrigation hardship;and that each variance shall vary the irrigation restrictions only to the minimum extent required to resolve the unreasonableness of the irrigation hardship that would exist but for the variance. No variance shall be granted unless the applicant is able to persuade the Director or his designee of the necessity for the variance.If the initial decision is made by the Director's designee,the only appeal shall be to the Director,and the Director's decision upon appeal to grant or deny the requested variance shall be further reviewable only as specified in subsection 7.2.1,below, 7.2.1 The County's Water Director,or individual designated by the Water Director,shall be the only individual(s)authorized to grant or deny these variances. A decision to grant or deny the variance should be made within ten(10)days after actual receipt of a complete application for the variance. Denial of a variance request may be appealed to the Public Utilities Division Administrator not later then ten(10)days of actual receipt by the applicant of the decision on the initial request. The Division Administrator's decision upon appeal shall be final. 7.2.2 An application for variance,and/or the granting of a variance,shall operate prospectively and shall not affect any then pending enforcement action pursuant to this Ordinance,or otherwise. SECTION EIGHT: PENALTIES 8.1 Each violator of this Ordinance shall be issued a citation that specifies a fine of seventy-five dollars($75.00),plus any then applicable costs as specified in the citation issued pursuant to procedures of the Collier County's Citation Ordinance.The applicable fine shall be$75.00 notwithstanding that said Ordinance specifies fines that always exceed$75.00. Persons who commit repeat violations may also be punished pursuant to§162.21,Florida Statutes,as a civil infraction with a maximum civil penalty not to exceed five hundred dollars ($500.00).Any person who violates any provision of this Ordinance shall also be subject to the County's remedies as authorized by§125.69,Florida Statutes, Section 1-6 of the County's Code of Laws and Ordinances,or as otherwise then allowed by law. The applicable penalties shall be determined by the forum selected to enforce the violation. 4 8.1.1 Each day,or part thereof commencing at noon of the respective day,that a violation of this Ordinance occurs by the same individual or entity may be deemed by the finder of fact to constitute a separate violation. 8.1.2 All monies collected pursuant to this Ordinance shall be used by the Code Enforcement Department to fund continued and enhanced enforcement of this Ordinance and/or other County Ordinances then under its jurisdiction. SECTION NINE: CONFLICT AND SEVERABILITY The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health and to protect the water resources of Collier County.If any section,phrase,sentence,or portion of this Ordinance is,for any reason, 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 of this Ordinance, SECTION TEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made part of the Code of Laws and Ordinances of Collier County,Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such,and the word"ordinance"may be changed to"section,""article,"or any other appropriate word. SECTION ELEVEN: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADO 'ED by the Board of County Commissioners of Collier County,Florida,this 9 "day of trtt R?1.-- ,2002. lllllllltltf(It(r. BOARD OF COUNTY COMMISSIONERS ISW I B-BROCa',"Clerk COLLIER COUNTY,FLORIDA A�t�st ls,lro'Chi trim's liOnstlirelon ly. • �:Ottuti/,I .ri C By: • hr ,Liiplllj clerk t J. ES N.COLETTA,Chairman Approved as to form and This ordinance filed with the legal sufficiency Secretary of State's Office the /- day of aia-A 4-, Tt' t 6 iv` ()rid acknowledgement of that Thomas C.Palmer, fiH ra�elved this day Assistant County Attorney of 3 • ,/ auputy Clark 5 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. 2002-17 Which was adopted by the Board of County Commissioners on the 9th day of April, 2002 , during Regular Session. o Dc r—rn r— ry WITNESS my hand and the official seal of the Boardf County Commissioners of Collier County, Florida, this 10W day rin of April, 2002 . ' N A pi Cn DWIGHT E.;'BRO(;1� n Clerk of ,Cos3 `•�°,; ` 1, k Ex-officiq' e; c rd''n County Co \ :% By: Ter hal• • ' Deputy C1 v s'�� erl�:, ORDINANCE NO. 2015- AN ORDINANCE OF TIIE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT; PROVIDING FOR INTENT AND PURPOSE; PROVIDING DEFINITIONS; PROVIDING FOR YEAR-ROUND LANDSCAPE IRRIGATION RESTRICTIONS; PROVIDING FOR DECLARATION OF WATER SHORTAGE OR WATER SHORTAGE EMERGENCY; PROVIDING FOR VARIANCES; PROVIDING FOR APPLICATION OF ORDINANCE; PROVIDING FOR ENFORCEMENT OFFICIALS; PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF ORDINANCE NUMBERS 2002-17 AND 2000-61, AS AMENDED; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the South Florida Water Management District has responsibility and exclusive authority under Chapter 373, Florida Statutes, for regulating the consumptive use of water; and WHEREAS, the South Florida Water Management District has amended Chapter 40E- 24, F.A.C., requiring year-round water conservation for landscape irrigation; and WHEREAS, Chapter 40E-24, F.A.C., applies to all users as defined in Subsection 40E- 24.101(14), F.A.C., including permitted and exempt users under Chapters 40E-2,F.A.C.; and WHEREAS, Chapter 40E-24, F.A.C., applies to all landscape irrigation regardless of whether the water comes from ground or surface water, from a private well or pump, or from a public or private utility; and WHEREAS, Rule 40E-24.301, F.A.C. provides that a local government may adopt an ordinance to locally enforce the year-round landscape irrigation water conservation measures; WHEREAS, it is the desire of the the Collier County Board of County Commissioners to adopt such an ordinance in accordance with Rule 40E-24.201,F.A.C.; and WHEREAS, the the Collier County Board of County Commissioners hereby finds and declares that the adoption of this ordinance is appropriate, and in the public interest of this community. NOW, THEREFORE, BE IT ORDAINED BY THE Collier County Board of County Commissioners of Collier County, Florida that this Ordinance is hereby created to read as follows: 1 ��` WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION Section L INTENT AND PURPOSE It is the intent and purpose of this Ordinance to implement procedures that promote water conservation through the more efficient use of landscape irrigation. Section 2. DEFINITIONS For the purpose of this Article the following terms, phrases, words, and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular,and words in the singular include the plural. (a) "Address" means the "house number" (a numeric or alphanumeric designation) that, together with the street name, describes the physical location of a specific property. This includes "rural route" numbers but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property's address. If a lot number in a mobile home park or similar residential community is not used by the U.S. Postal Service (e.g., the park manager sorts incoming mail delivered to the community's address), then the community's main address shall be the property's address. If a property has no address it shall be considered "even-numbered." (b) "Athletic play area" means all golf course fairways, tees, roughs, and greens, and other athletic play surfaces; including, football, baseball, soccer, polo, tennis, and lawn bowling fields and rodeo, equestrian, and livestock arenas. (c) "Consumptive Use Permit (CUP)" means a permit issued pursuant to Chapters 40E-2, F.A.C., authorizing the consumptive use of water. (d) "District"means the South Florida Water Management District. (e) "Even Numbered Address" means an address, ending in the numbers 0, 2, 4, 6, 8, or rights-of-way or other locations with address, or the letters A-M. (f) "Existing landscaping" means any landscaping which has been planted and in the ground for more than ninety (90)days. (g) "Landscaping" means shrubbery, trees, lawns, sod, grass, ground covers, plants, vines, ornamental gardens, and such other flora not intended for resale, which are situated in such diverse locations as residential landscapes, recreation areas, cemeteries, public, commercial, and industrial establishments, public medians, and rights-of-way except athletic play areas as defined in subsection 40E- 24.101(6), F.A.C. 2 (h) "Low Volume Hand Watering" means the watering of landscape by one person, with one hose, fitted with a self-canceling or automatic shutoff nozzle. (i) "Low Volume Irrigation" means the use of equipment and devices specifically designed to allow the volume of water delivered to be limited to a level consistent with the water requirement of the plant being irrigated and to allow that water to be placed with a high degree of efficiency in the root zone of the plant. The term also includes water used in mist houses and similar establishments for plant propagation. Overhead irrigation and flood irrigation are not included. (j) "Landscape Irrigation" means the outside watering of shrubbery, trees, lawns, sod, grass, ground covers, plants, vines, ornamental gardens, and such other flora not intended for resale, which are planted and are situated in such diverse locations as residential landscapes, recreation areas, cemeteries, public, commercial, and industrial establishments, public medians, and rights-of-way except athletic play areas as defined in subsection 40E-24.101(9), F.A.C. (k) "Micro-irrigation" means the application of small quantites of water on or below the soil surface as drops or tiny streams of spray through emitter or applicators placed along a water delivery line. Micro-irrigation includes a number of methods or concepts such as bubbler, drip, trickle, mist or microspray, and subsurface irrigation. (I) "New landscaping" means any landscaping which has been planted and established for ninety(90) days or less. (m) "Odd Numbered Address"means an address ending in the numbers 1, 3, 5, 7, 9 or the letters N-Z. (n) "Reclaimed Water" or Irrigation Quality (IQ) means wastewater that has received at least secondary treatment and basic disinfection and is reused after flowing out of a wastewater treatment facility as defined by Rule 62-610.200(48), F.A.C. (o) "User" means any person, individual, firm, association, organization, partnership, business trust, corporation, company, agent, employee or other legal entity whether natural or artificial, the United States of America, and the State and all political subdivisions, regions, districts, municipalities, and public agencies thereof, which directly or indirectly takes water from the water resource, including uses from private or public utility systems, uses under water use permits issued pursuant to Chapter 40E-2, F.A.C., or uses from individual wells or pumps. (p) "Wasteful and unnecessary" means allowing water to be dispersed without any practical purpose to the water use; for example, excessive landscape irrigation, leaving an unattended hose on a driveway with water flowing, allowing water to be dispersed in a grossly inefficient manner, regardless of the type of water use; 3 `1 for example, allowing landscape irrigation water to unnecessarily fall onto pavement, sidewalks and other impervious surfaces; allowing water flow through a broken or malfunctioning water delivery or landscape irrigation system (q) "Water Resources" means any and all water on or beneath the surface of the ground, including, but not limited to, potable water production wells, IQ water, natural or artificial watercourses, lakes, ponds, and artificial water features, and water percolating, standing, or flowing beneath the surface of the ground (r) "Water shortage" means when the District has determined there is the possibility that insufficient water will be available to meet the estimated present and anticipated user demands or to protect the water resource from serious harm. (r) "Water shortage emergency" means when the District has determined that the provisions listed in Part II of Chapter 40E-21, F.A.C., are not sufficient to protect the public health, safety, or welfare, the health of animals, fish, or aquatic life, a public water supply, or commercial, industrial, agricultural, recreational, or other reasonable-beneficial uses. Section 3. YEAR-ROUND LANDSCAPE IRRIGATION RESTRICTIONS (1) Collier County hereby adopts the rules of the South Florida Water Management District, Chapter 40E-24.201 F.A.C., and any subsequent additions, deletions or corrections thereto; and which are set out as follows: (a) It shall be the duty of each user to keep informed as to the landscape irrigation conservation measures presented within this section, which affect each particular water use. (b) In addition to the specific conservation measures enumerated below, all wasteful and unnecessary water use as defined in Section 2(p), is prohibited. (c) The following requirements or exceptions shall apply to all users unless specified otherwise herein: (1) Landscape irrigation shall be prohibited daily between the hours of 10:00 a.m. and 4:00 p.m., except as otherwise provided herein. (2) Irrigation of new landscaping shall comply with the following provisions: i. On the day the new landscaping is installed, the new landscaping may be irrigated once without regard to the normally allowable watering days and times. Irrigation of the soil immediately prior to the installation of the new 4 �} � � landscaping is also allowable without regard to the normal allowable watering days and times. ii. The ninety (90) day period begins the day the new landscaping is installed. The new landscaping shall be installed within a reasonable time from the date of purchase, which may be demonstrated with a dated receipt or invoice. iii. Irrigation of new landscaping which has been in place for thirty (30) days or less may be accomplished on Monday, Tuesday, Wednesday, Thursday, Saturday, and/or Sunday. iv. Irrigation of new landscaping which has been in place for thirty-one (31)to ninety (90) days may be accomplished on Monday, Wednesday, Thursday, and/or Saturday. v. Irrigation of the new landscaping is limited to areas containing the new landscaping only. An entire zone of an irrigation system shall only be utilized for landscape irrigation under this paragraph if the zone in question is for an area that contains at least 50% new landscaping. If a zone contains less than 50% new landscaping, or if the new landscaping is in an area that will not typically be irrigated by an irrigation system, only the individual new plantings are eligible for additional irrigation under this paragraph. Targeted watering may be accomplished by low volume hand watering, or any appropriate method which isolates and waters only the new landscaping. (2) Landscape irrigation systems may be operated during restricted days and/or times for cleaning, maintenance, and repair purposes with an attendant on site in the area being tested. Landscape irrigation systems may routinely be operated for such purposes no more than once per week, and the run time for any one test should not exceed 10 minutes per zone. (3) Landscape irrigation for the purpose of watering-in fertilizers, insecticides, pesticides, fungicides and herbicides, where such watering-in is recommended by the manufacturer, or by federal, state or local law, or best management practices, shall be allowed under the following conditions: (a) Such watering-in shall be limited to one application unless the need for more than one application is stated in the directions for application specified by the manufacturer; and (b) Such watering-in shall be accomplished during normally allowable watering days and times set forth in Paragraphs 1(c)(2). 1(c)(6) of 5 \cL this Section, unless a professional licensed applicator has posted a temporary sign containing the date of application and the date(s) of needed watering-in activity. (4) Any plant material may be watered using low volume irrigation, micro-irrigation, low-volume hand watering methods, and rain barrels, cisterns, or other similar rain-harvesting devices without regard to the watering days or times allowed pursuant to this section. (5) Irrigation of existing landscaping shall comply with the following provisions: (a) Even addresses, installations with irrigation systems that irrigate both even and odd addresses within the same zones, such as multi- family units and homeowners' associations, and rights-of-way or other locations with no address as defined in Section 2(e), shall have the opportunity to accomplish necessary landscape irrigation only on Tuesday and/or Thursday and/or Sunday. (b) Odd addresses as defined in Section 2(m), shall have the opportunity to accomplish necessary landscape irrigation only on Monday and/or Wednesday and/or Saturday. (6) in the absence of a declaration of a water shortage condition or water shortage emergency within all or any part of Collier County by the Governing Board or Executive Director of the District, the landscape irrigation restrictions or other measures adopted by the District applicable to Collier County or any portion thereof shall be subject to enforcement action pursuant to Section 6 below. Any violation of the provisions of Chapter 40E-24.201, F.A.C. or this Ordinance shall be a violation of this section. Section 4. DECLARATION OF WATER SHORTAGE OR WATER SHORTAGE EMERGENCY (1) Collier County hereby adopts the rules of the South Florida Water Management District, Chapter 40E-21, Florida Administrative Code, and subsequent additions or corrections thereto; and the same are hereby adopted and incorporated as if hilly set out at length. 6 .;* (2) The declaration of a water shortage condition and/or water shortage emergency within all or partys of Collier County by the Governing Board or Executive Director of the District shall invoke the provisions of this article. Upon such as declaration all water use restrictions or other measures adopted by the District aplicable to Collier County, or any portion thereof, shall be subject to enforcement action pursuant to this article, Any violation of the provisions of Chapter 40E-21, F.A.C., or any order issued pursuant thereto, shall be a violation of this article. Section 5. VARIANCES (1) A variance from specific days or days identified in Section 3 above may be granted if strict application of the restrictions would lead to unreasonable or unfair result in particular instances, provided that the applicant demonstrates with particularity that compliance with the schedule will result in substantial economic, health, or other hardship on the applicant requiring a variance or those served by the applicant. Where a contiguous property is divided into different zones a variance may be granted hereunder so that each zone may be irrigated on days different than other zones of the property. However, no single zone may be irrigated more than three days per week. (2) Collier County hereby recognizes any and all variances issued by the South Florida Water Management District to those users who operate and maintain smart irrigation systems which meet the requirements of Section 373.62(7), Fla. Stat. (3) Applications for a variance shall be in accordance with the instructions included at Appendix A. Section G. APPLIC1lT.lON OF ORDINANCE The provisions of this Ordinance shall apply to each user within the boundaries of the unincorporated areas of Collier County, Florida, and applies to all water resources as defined herein, unless otherwise specifically addressed through an agreement or issuance of a variance. Section 7. ENFORCEMENT OFFICIALS Law enforcement officials having jurisdiction in the area governed by this Ordinance are hereby authorized to enforce the provisions of this Ordinance. In addition, the Collier County Manager may delegate enforcement responsibility for this ordinance to agencies and departments of Collier County government. Section S. PENALTIES (1) Violations of any provision of this article may be punished pursuant to Section 162.21, Florida Statutes, as amended, as a civil infraction with a maximum civil penalty not to 7 �� exceed $500. Any person violates any provision of this Ordinance shall also be subject to the County's remedies as authorized by F.S. § 125.69, Chapter 1, Section 1-6 of the Code of Laws and Ordinances of Collier County, Florida, or as otherwise then allowed by law, as may be amended from time to time. Section 9. REPEAL OF ORDINANCE NUMBERS 2002-17 AND 2000-61, AS AMENDED Ordinance Numbers 2002-17 and 2000-61, as amended, and codified in the Collier County Code of Laws and Ordinances, is hereby repealed in their entirety. Section 10. CONFLICT AND SEVERABILITY The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health and protect the water resources of Collier County. If any section, phrase. sentence, or portion of the Ordinance is, for any reason, 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 of this Ordinance. Section 11. INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Those provisions of State law incorporated by general reference herein shall be as they now exist and as they may be amended from time to time. To the extent that the provisions of this Ordinance is more stringent that those of State law,the more stringent provisions shall apply. Section 12. EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. 8 ` PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this day of ,2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk TIM NANCE, CHAIRMAN Approved as to form and legality: Scott R. Teach Deputy County Attorney 9 COLLIER COUNTY WATER SEWER DISTRICT WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION APPENDIX A—VARIANCES Applications for a variance in accordance with Section 5 of this ordinance, where strict compliance with the schedule in Section 3, would lead to an unreasonable or unfair result, shall be submitted in writing, and include the following: (1) Name of Property Owner (2) Property Owner's Agent(if applicable) (3) Water Resource (4) Utilities Account No. (if applicable) (5) Service Address (6) Contact Details (7) Reason for Request (8) Description of the particularity of compliance with the schedule that cannot be met (9) Description of the substantial economic,health, or other hardship that would be incurred Applications for a variance shall be submitted for the attention of: Water Department Director 3339 Tamiami Trail E, Suite 301 Naples FL 34112 The Water Department Director's decision with respect to granting, or not granting a variance will be final. Applicants will be notified in writing of the Water Department Director's decision. 10 : '`i