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Agenda 04/11/2017 Item # 9B04/11/2017 EXECUTIVE SUMMARY Recommendation to consider an Ordinance amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Six - Infrastructure Improvements and Adequate Public Facilities Requirements, including Section 6.05.01 Water Management Requirements, adding Section 6.05.03 Stormwater Plans for Single-Family Dwelling Units, Two- Family Dwelling Units, and Duplexes; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. (This is a companion to Agenda Item 16.A.8). OBJECTIVE: To obtain the Board of County Commissioners (Board) approval of the proposed 2016 Land Development Code (LDC) Amendments Cycle 1, relating to stormwater plans, in order to serve the best interest of the public. CONSIDERATIONS: The 2016 Land Development Code Amendment Cycle 1 amendments were reviewed at the March 14, 2017 Board of County Commissioners meeting, and again at the March 28, 2017 meeting. All of the amendments, except the amendment relating to stormwater plans (as described below), were approved by the Board on March 28, 2017. The amendment relating to stormwater plans for specific residential uses was continued to the April 11, 2017, meeting to allow for additional vetting with stakeholders. This amendment is described in more detail below: Stormwater Plan Amendment - LDC section 6.05.01 Water Management Requirements This section establishes maximum lot coverage and impervious areas to address impacts associated with stormwater runoff flowing onto neighboring properties. However, staff has found that the current standards do not adequately protect against the possibility for stormwater impacts. Moreover, in 2013, the Development Services Advisory Committee reviewed the stormwater plan requirements in this section and determined that the maximum lot coverage and impervious areas are disproportionately limiting on Estates lots and recommended an LDC amendment reevaluate the lot coverage and impervious area thresholds. This amendment removes the maximum lot coverage, establishes two types of stormwater plans, and expands the requirement for a stormwater plan to all new buildings, additions, or redevelopment of single-family dwellings, two-family dwellings, and duplexes (with some exceptions). Type I stormwater plans, require applicants demonstrate where stormwater is intended to flow, while Type II stormwater plans require an engineered plan similar to those required by the current code. Furthermore, the impervious area thresholds for engineered plans have been modified to reduce the number of lots required to provide an engineered plan. Administrative Code for Land Development Section A new section related to stormwater plans is proposed to be added to Administrative Code for Land Development to identify application requirements relating to the LDC amendment. This new section is included as an exhibit this LDC amendment for informational purposes. COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed the LDC amendments on December 15, 2016, January 5, 2017, January 19, 2017, and January 30, 2017. The Planning Commission unanimously approved the LDC amendments during a special nighttime hearing on January 30, 2017. 9.B Packet Pg. 102 04/11/2017 FISCAL IMPACT: There are no fiscal impacts associated with this Executive Summary. LEGAL CONSIDERATIONS: This item has been approved as to form and legality and requires an affirmative vote of four for Board approval. - SAS GROWTH MANAGEMENT IMPACT: As noted for each individual amendment. RECOMMENDATION: That the Board approve the attached proposed ordinance relating to stormwater plans for single-family dwellings, two-family dwellings, and duplexes for the 2016 Land Development Code Amendments Cycle 1 and direct staff as to any changes. Prepared By: Caroline Cilek, AICP, CFM, Land Development Code Manager, Development Review Division ATTACHMENT(S) 1. LDC section 6.05.01 Water Management Requirements (PDF) 2. Administrative Code for Land Development Chapter 4.M (PDF) 3. 2016-1 Draft ordinance - stormwater- 3.29.17 (PDF) 4. Legal Ad (PDF) 9.B Packet Pg. 103 04/11/2017 COLLIER COUNTY Board of County Commissioners Item Number: 9.B Doc ID: 2957 Item Summary: ***This item has been continued from the March 28, 2017, BCC meeting*** Recommendation to consider an Ordinance amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter Six - Infrastructure Improvements and Adequate Public Facilities Requirements, including Section 6.05.01 Water Management Requirements, adding Section 6.05.03 Stormwater Plans for Single-Family Dwelling Units, Two-Family Dwelling Units, and Duplexes; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. (This is a companion to Agenda Item 16.A.8). Meeting Date: 04/11/2017 Prepared by: Title: Planner, Senior – Growth Management Development Review Name: Jeremy Frantz 03/27/2017 2:01 PM Submitted by: Title: Project Manager, Principal – Growth Management Department Name: Matthew McLean 03/27/2017 2:01 PM Approved By: Review: Growth Management Department Judy Puig Level 1 Division Reviewer Completed 03/27/2017 2:04 PM Zoning Michael Bosi Additional Reviewer Completed 03/27/2017 2:13 PM Growth Management Development Review Caroline Cilek Additional Reviewer Completed 03/27/2017 2:26 PM Growth Management Department Judy Puig Level 2 Division Administrator Skipped 03/27/2017 2:20 PM Growth Management Department James French Additional Reviewer Completed 03/27/2017 5:00 PM County Attorney's Office Scott Stone Level 2 Attorney Review Completed 03/29/2017 4:45 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/29/2017 4:54 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/30/2017 10:29 AM Budget and Management Office Mark Isackson Additional Reviewer Completed 03/30/2017 12:02 PM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 04/03/2017 6:48 AM Board of County Commissioners MaryJo Brock Meeting Pending 04/11/2017 9:00 AM 9.B Packet Pg. 104 Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 1 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx LDC Amendment Request ORIGIN: Growth Management Department AUTHOR: Growth Management Department Staff DEPARTMENT: Growth Management AMENDMENT CYCLE: 2016 LDC Amendment Cycle LDC SECTION(S): 6.05.01 Water Management Requirements 6.05.03 Stormwater Plans for Single-Family Dwelling Units, Two-Family Dwelling Units, and Duplexes (new section) CHANGES: This amendment expands the requirement for a stormwater plan for all new buildings, additions, or redevelopment of single-family dwellings, two-family dwellings, and duplexes. Currently, only those lots that exceed the maximum lot coverage or impervious area are required to submit a stormwater plan. This amendment removes the maximum lot coverage, requires a stormwater plan on all lots and increases the impervious area thresholds for when an engineered plan is required. Exceptions to the requirement for stormwater plans are provided for lots in the Rural Agricultural (A) zoning district that are outside the coastal urban area and Immokalee urban area, and for lots within a project that has been permitted by the South Florida Water Management District (SFWMD) for Surface Water Management or Environmental Resource Protection. The amendment establishes two types of stormwater plans as described in Tables 1 and 2 below: Table 1. Type I Stormwater Plans. Required for: Type I Stormwater Plans shall demonstrate: Lots with 40 percent or less impervious area. 1. The direction of stormwater discharges. 2. Compliance with design standards for retaining walls, French drains, stormwater pipes, gutters and downspouts. 3. The location, dimension, and setbacks of septic systems, if applicable. Lots in the Estates district with 25 percent or less impervious area. Lots in RSF-1 or Rural Agricultural (A) districts in the urban area with 30 percent or less impervious area. Lots that discharge directly into a waterbody that is downstream of the last control structure (regardless of impervious area). 9.B.a Packet Pg. 105 Attachment: LDC section 6.05.01 Water Management Requirements (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 2 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx Table 2. Type II Stormwater Plans. Required for: Type II Stormwater Plans shall demonstrate: Lots with more than 40 percent impervious area. 1. Compliance with all Type I Stormwater Plan criteria. 2. Water quantity calculations to accommodate the runoff from the area exceeding the Type II Stormwater Plan thresholds from a 5-year 1-day storm. 3. A matrix of all required separation distances between wells, drainfield systems, and stormwater retention/detention areas. 4. Certification of compliance by the engineer. Lots in the Estates district with more than 25 percent impervious area. Lots in RSF-1 or Rural Agricultural (A) districts in the urban area with more than 30 percent impervious area. Lots that discharge directly into a waterbody that is upstream of the last control structure (regardless of impervious area). Additionally, the amendment establishes Type I and Type II Stormwater Plans as the tool for demonstrating compliance with Collier County Code of Laws and Ordinances section 90-41 (f)(8). A new application process for stormwater plans is also established in the Administrative Code. REASON: History The current standards in LDC section 6.05.01 F were created in 2007 to address impacts associated with large homes on small lots in conventional zoning districts. At that time, it was determined that lots exempt from obtaining a SFWMD permit were designed to accommodate a typical amount of lot coverage or impervious area. Therefore, it was determined that when a large home exceeds the typical lot coverage or impervious area for that neighborhood, the home may result in impacts to neighboring properties or the local stormwater system. As a result, a requirement to provide a stormwater plan was established to address stormwater runoff from lots with a greater than average percentage of lot coverage or impervious area. In 2013, the Development Services Advisory Committee (DSAC) reviewed the stormwater plan requirements in this section. At that time, they identified that the maximum lot coverage and impervious areas are disproportionately limiting on Estates lots and recommended that an LDC amendment address the lot coverage and impervious area thresholds. The amendment was then added to the prioritized list of LDC amendments and approved by the Board of County Commissioners. Following DSAC’s discussion of these standards, staff conducted additional research and found several other areas for improvement in the current program as described in the following sections. Staff Research Staff analyzed data from lot coverage reviews that occurred during a one-year period from June 2015 to June 2016. Staff members who regularly perform lot coverage reviews also identified common problems with stormwater plan submittals and the current standards. As a result, staff has 9.B.a Packet Pg. 106 Attachment: LDC section 6.05.01 Water Management Requirements (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 3 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx proposed changes to address not only disparities in the current thresholds, but also to resolve several issues related to other elements of stormwater plans: Thresholds Analysis of the current thresholds confirmed that the maximum lot coverage and maximum impervious area percentages do not apply consistently as lot sizes increase. Additionally, this analysis has demonstrated that the percentage of lot coverage/impervious area allowed is inconsistent once lot sizes exceed 53,000 square feet. Figure 1 demonstrates how the allowed lot coverage and impervious areas change as lot sizes increase. For small lots, the maximum allowed lot coverage begins at 25 percent and the maximum allowed impervious area begins at 40 percent. However, larger lots are limited to a maximum lot coverage and impervious area of less than 5 percent. Figure 1. Percent of Allowed Lot Coverage and Impervious Area at Varying Lot Sizes. Common problems LDC section 6.05.01 F is intended to address impacts associated with stormwater runoff flowing onto neighboring properties. However, the current standards do not adequately protect against the possibility for stormwater impacts. For properties that do not exceed the existing thresholds, no review is performed when improvements are made to the property to ensure stormwater does not flow to neighboring properties. However, even lots with a low percentage of lot coverage and impervious area have the potential to impact their neighbors through site grading changes, slopes or new structures near the property line, and other site features. For lots that exceed the existing lot coverage or impervious area thresholds, while retention or detention of stormwater is required, the current standards still do not adequately protect against the possibility for stormwater impacts. There are no criteria related to berms or slopes near the impacted area and there is no requirement for runoff to physically connect to the retention area. This means that although a retention area may be provided, there is no guarantee that the retention captures any of the runoff from impervious areas on site or that other site features won’t result in a change in flow patterns and create stormwater impacts on neighboring properties. 9.B.a Packet Pg. 107 Attachment: LDC section 6.05.01 Water Management Requirements (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 4 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx Moreover, there are some types of impervious surfaces that are not required to obtain a permit and therefore may not be counted toward the maximum impervious area. However, any impervious surfaces still have the potential to change stormwater runoff patterns. Exemptions Several exemptions are provided in the current standards. One of these allows an additional 3 percent (up to a maximum of 1,000 square feet) lot coverage or impervious area for first time additions only. However, this additional lot coverage is not exempt during subsequent additions. This means that if a stormwater plan is required for future additions, retention will then be required for the area that was previously exempt from the standards. Another exemption applied to lot coverage and impervious area reviews is for additions less than 400 square feet. Additions less than 400 square feet are not reviewed, even when the maximum lot coverage or impervious area has already been exceeded. The nexus for both of these exemptions is not clear and they could allow for stormwater impacts to occur, therefore, there are no size exemptions in the proposed amendment. Approval process Lot coverage and impervious area calculations are currently only required when on site retention is required. As a result, property owners submitting a building permit may not be aware how much impervious area is on their lot until they have exceeded the thresholds. This can make thoughtful planning of the lot difficult for property owners. This difficulty is compounded when separate permits for a home and pool are submitted simultaneously. In some cases, one permit may indicate a stormwater plan is required, while the other does not. This can be confusing for property owners and again makes planning the development of the lot unpredictable. With this in mind, staff believes the current process does not effectively communicate stormwater plan requirements to property owners. For these reasons, the proposed amendment more clearly defines when stormwater plans are required, how they should be prepared, and other procedural considerations. The new Administrative Code section proposed in Appendix A is also intended to more clearly define the approval process for stormwater plans. Other communities Staff reviewed lot coverage and stormwater management requirements for single-family dwellings, two-family dwellings, and duplexes in 15 other communities and municipalities throughout Florida. Three characteristics of stormwater management were common in other communities: 1. Maximum lot coverage percentages and stormwater management applicability is based on zoning districts, rather than lot sizes, in nearly all communities reviewed. 2. When stormwater management is required, standards are established for all lots, rather than just those exceeding the maximum percentage of lot coverage or impervious area. 3. Other communities do not allow lots to exceed lot coverage or impervious area maximums. As a result of this review of stormwater management in other communities, it is proposed that the thresholds that require a stormwater plan now apply differently to several zoning districts. This 9.B.a Packet Pg. 108 Attachment: LDC section 6.05.01 Water Management Requirements (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 5 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx change reflects differences in land use and development trends in each district. Additionally, due to this review and other staff findings described above, it is proposed that stormwater plans are required for all lots, with some exceptions. Proposed Standards Over the course of six Development Services Advisory Committee-Land Development Review (DSAC-LDR) Subcommittee meetings in 2016, staff collaborated with subcommittee members and stakeholders to review the current standards, identify goals for the amendment, and develop the standards included in this amendment. The following sections describe the changes proposed in this amendment. Goals of the current amendment Based on DSAC’s 2013 input and the findings in the additional research outlined above, staff identified several goals for the current amendment:  Eliminate the inequity of the current applicability thresholds.  Provide better justification for the standards.  Provide stormwater management for runoff on all lots.  Create a program that is more predictable for property owners and increase communication between reviewers and applicants. These goals are aimed at preventing detrimental impacts both on site and on adjacent properties and will apply stormwater management standards more fairly throughout the entire county. Applicability This amendment maintains the current applicability to all lots with single -family and two-family dwellings, and duplexes. The current exemption for lots with a permit from the SFWMD for surface water management or environment resource protection is maintained, however, an exemption is added for non-urban agriculturally zoned lots. Stormwater plans are currently only required when the lot coverage or impervious area exceeds the thresholds in Table 6.05.01 F. This amendment removes Table 6.05.01 F and adds a requirement for one of two types of stormwater plans for all lots, based only on impervious area thresholds specific to each zoning district. The characteristics of each stormwater plan are described in more detail in Tables 1 and 2 above, and the following sections. This change is made in response to staff’s experience that drainage issues are not only associated with a high percentage of impervious area. Staff has found that due to updated building requirements, new construction is required to use more fill to build to a higher flood elevation than in the past. In these cases, the fill pad, slopes, and other site grading can have an impact on a neighborhood’s drainage patterns even when the total impervious area is low. Therefore, a stormwater plan is necessary on all lots to ensure that drainage from new homes or additions does not create detrimental impacts on the subject property or adjacent properties. However, the requirements for stormwater plans for lots with low impervious area is designed to be less onerous than for lots with high impervious area. Therefore, a Type I Stormwater Plan is established for lots with relatively lower impervious areas and a Type II Stormwater Plan is established for properties 9.B.a Packet Pg. 109 Attachment: LDC section 6.05.01 Water Management Requirements (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 6 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx with high impervious areas to ensure stormwater runoff does not result in detrimental impacts on site or to adjacent properties. Plan submittal Property owners will continue to submit stormwater plans concurrently with a building permit, consistent with the current submittal requirements. The stormwater plan submittal process is also described in more detail in the proposed Administrative Code section in Appendix A. Stormwater plan thresholds The proposed amendment uses impervious area thresholds to determine whether a Type I or Type II Stormwater Plan is required. In urban areas, where lot sizes are typically small, the DSAC-LDR Subcommittee found that the current threshold for lots under 11,000 square feet is appropriate for the urban area and, based on staff’s research, ensures that a majority of property owners in the urban area will not exceed the threshold. As a result, a Type I Stormwater Plan is required for lots with 40 percent or less impervious area and a Type II Stormwater Plan is required for lots with more than 40 percent impervious area. On lots in Estates zoning districts, where the DSAC-LDR Subcommittee found that the current impervious area thresholds are disproportionately limiting, a Type I Stormwater Plan is required for lots with 25 percent or less impervious area and a Type II Stormwater Plan is required for lots with more than 25 percent impervious area. Currently many lots in the Estates are required to provide a stormwater plan with lot coverage and impervious areas of less than 10 percent. The DSAC-LDR Subcommittee reviewed staff’s research and aerials of existing sites in the Estates and determined that lots with 25 percent or less impervious area represent appropriate impervious areas for Estates lots and should not require stormwater calculations. On lots in RSF-1 zoning districts and Rural Agricultural (A) zoning in the urban areas, a Type I Stormwater Plan is required for lots with 30 percent or less impervious area and a Type II Stormwater Plan is required for lots with more than 30 percent impervious area. This threshold reflects that RSF-1 lots and Rural Agricultural (A) zoned lots in the urban areas are frequently larger than other typical urban lots and sometimes have unique infrastructure constraints. Finally, lots that discharge directly into a waterbody downstream of the last control structure may submit a Type I Stormwater Plan regardless of the impervious area on the lot. These waterbodies are uncontrolled and tidally affected, therefore, discharges will not result in stormwater runoff impacts to neighboring properties. However, for lots discharging directly into a controlled waterbody, upstream of the last control structure, a Type II Stormwater Plan must be submitted, regardless of the impervious area on the lot. These discharges have the potential to impact neighboring properties or the stormwater system and require some retention or detention before discharging into the waterbody. Criteria for Type I Stormwater Plans: Lots required to submit a Type I Stormwater Plan have a comparatively lower percentage of impervious area. As a result, Type I Stormwater Plans are the least complex type of stormwater plan. These plans are required to demonstrate that stormwater will be directed to appropriate 9.B.a Packet Pg. 110 Attachment: LDC section 6.05.01 Water Management Requirements (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 7 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx locations without impacting neighboring properties. While on-site retention may be provided on lots with a Type I Stormwater Plan, no on-site retention is required. The Type I Stormwater Plan criteria allow for a wide range of methods to address stormwater. On some sites, the stormwater plan may require more drainage infrastructure to direct stormwater to appropriate locations, while other sites may simply require grading of the site to meet the stormwater plan criteria. As a result, the amendment allows either a Florida registered design professional (such as architects, landscape architects, or engineers), a certified contractor, or owner builder to design the stormwater plan. Type I Stormwater Plans are required to demonstrate:  The direction of stormwater discharges. This criterion ensures that stormwater runoff is directed away from neighbors and allows stormwater runoff to discharge to one or more of the following: o An existing surface water management system.- o A drainage conveyance system, such as swales or underground storm sewer systems. o On-site retention or detention areas. o A waterbody downstream of the last control structure.  Outfalls to a waterbody must also demonstrate that they will not result in erosion of soil, and if an orifice is used, will be allowed through a minimum 3-inch orifice. Also, the soil adjacent to the discharge area shall be stabilized.  Compliance with several design standards. o Retaining wall setbacks. To allow for maintenance of retaining walls, a six-inch setback from the property line is required. o Retention calculations for French drains. When French drains are used, a 40 percent void ratio shall be used in retention calculations. o Stormwater pipe specifications. If used, stormwater pipes shall not be metal. This standard is intended to prevent pipe installations with relatively short life spans. o Gutter and downspout standards in 6.05.01 C. This requirement ensures that downspouts are not pointed toward neighboring properties when a structure is located 10 feet or less from a property line. It should be noted additional requirements for downspouts can be found in Florida Statutes Chapter 381.0065(4)(s), which also requires that downspouts are directed away from the septic system drainfield, if one is located on the property.  The location, dimension, and setbacks of septic systems. If a septic system is present or proposed on the property, this criteria ensures that the design and location of stormwater management and septic systems is coordinated throughout the development of the property. Criteria for Type II Stormwater Plans: Lots that are required to submit a Type II Stormwater Plan have comparatively higher percentages of impervious area and may require a more detailed design. These plans are also required to 9.B.a Packet Pg. 111 Attachment: LDC section 6.05.01 Water Management Requirements (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 8 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx demonstrate that stormwater will be directed to appropriate locations without impacting neighboring properties. Due to the increased complexity of Type II Stormwater Plans and the requirement for volumetric calculations for a design storm, this amendment requires that Type II Stormwater Plans shall be designed by a professional engineer licensed in the state of Florida. Type II Stormwater Plans are required to demonstrate:  Compliance with all Type I Stormwater Plan criteria. The Type I Stormwater Plan criteria are designed to ensure stormwater runoff does not impact neighboring properties. These criteria also apply to Type II Stormwater Plans.  An engineer’s analysis including: o Water quantity calculations for a 5-year, 1-day storm event (the same design storm event used in the current standards). Retention for the storm event is required for the impervious area in excess of the thresholds for Type II Stormwater Plans only. The DSAC-LDR Subcommittee determined that this storm event provides adequate protection when applied to the area exceeding impervious area thresholds. There is no requirement for water quality calculations included in this standard. o A matrix of all required separation distances. This requirement will ensure that the location of wells, drainfield systems, and stormwater retention or detention areas are coordinated.  Certification of Compliance. The engineer is required to submit a certification of compliance prior to inspections. Stormwater plans will be inspected during the 800 series inspections for building permits. This is the same process used to inspect current stormwater plans. Application requirements Application requirements for stormwater plans are established in the Administrative Code and are designed to ensure that staff is provided with enough information to determine that appropriate methods are used to direct discharge off site or to retain water on site. Inspection and maintenance The proposed amendment identifies an inspection schedule and maintenance requirements for stormwater plans. Stormwater plans will be submitted with the building permit and will be inspected by the County at the time of the building permit inspections and prior to the issuance of a certificate of occupancy or certificate of completion, as applicable. Once approved, the property owner is responsible for maintaining the site grading and drainage (such as the swales, French drains, grates, etc.) in accordance with the approved stormwater plan. Since some types of site work and impervious surfaces are not required to obtain a permit, this section also notifies property owners that changes to the property, whether or not a permit is required, shall not modify the site in a manner that will prevent the site from continuing to drain in accordance with the approved stormwater plans. 9.B.a Packet Pg. 112 Attachment: LDC section 6.05.01 Water Management Requirements (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 9 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx Violations The amendment also proposes to establish stormwater plans as the tool for demonstrating compliance with Collier County Code of Laws and Ordinances section 90-41 (f)(8) which states: “…Subsequent to the construction of a single-family residence on the respective lot (parcel of land), it shall be a violation of this article 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…” Staff is frequently called upon to investigate stormwater management issues on lots that were developed prior to the establishment of the stormwater plan requirements. These types of violations occur for a number of reasons including the addition of fill or slopes near the property line. Therefore, this change will ensure that property owners and staff have a method to demonstrate compliance with the Code of Laws. DSAC-LDR SUBCOMMITTEE RECOMMENDATIONS: No changes, approved unanimously on November 29, 2016. DSAC RECOMMENDATIONS: No changes, approved unanimously on December 7, 2016. PLANNING COMMISSION RECOMMENDATIONS: No changes, approved unanimously on January 30, 2017. FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. RELATED CODES OR REGULATIONS: Collier County Code of Laws and Ordinances section 90-41 (f)(8) Florida Statutes Chapter 381.0065(4)(s) GROWTH MANAGEMENT PLAN IMPACT: There are no anticipated Growth Management Plan impacts associated with this amendment. OTHER NOTES/VERSION DATE: Prepared by Jeremy Frantz, Senior Planner, 12/1/16. Amend the LDC as follows: 6.05.01 Water Management Requirements 1 A complete stormwater management system shall be provided for all areas within the 2 subdivision or development, including lots, streets, and alleys. 3 A. The system design shall meet the applicable provisions of the current County codes and 4 ordinances, SFWMD rules and regulations pursuant to Florida Statutes, and the Florida 5 Administrative Code, and any other affected state and federal agencies' rules and 6 regulations in effect at the time of preliminary subdivision plat submission. Water 7 management areas will be required to be maintained in perpetuity according to the 8 9.B.a Packet Pg. 113 Attachment: LDC section 6.05.01 Water Management Requirements (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 10 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx approved plans. Water management areas not maintained will be corrected according to 1 approved plans within 30 days. 2 B. Where stormwater runoff from outside the subdivision or development historically 3 passes on, over, or through areas of the subdivision or development, such runoff shall 4 be included in the stormwater system design. The system shall be designed for long life, 5 low cost maintenance by normal methods and provide for optimal on-site detention of 6 stormwater runoff and groundwater recharge in accordance with applicable County and 7 SFWMD regulations. 8 C. Any structure with an outside wall which is closer than 10 feet from a side property line 9 shall install properly sized (minimum twenty-four-square inch cross-section) gutters and 10 downspouts to direct stormwater away from neighboring properties and toward front 11 and/or rear swales or retention/detention areas. 12 D. In-ground percolation type retention systems such as rock trenches, exfiltration trenches 13 or beds, infiltrator type systems, gallery type systems, etc., shall not be used to achieve 14 water quality retention for residential subdivisions. Rear yard open retention systems 15 shall likewise not be designed to achieve water quality retention on projects submitted 16 after January 1, 2002. All retention systems for projects designed after January 1, 2002, 17 shall be on common property owned and maintained by a homeowners' association or 18 similar entity. 19 E. Any canal which forms a part of the public water management system shall be dedicated 20 for care and maintenance per the requirements of the governmental agency which has 21 jurisdiction. Canals located entirely within the subdivision and which do not form a part 22 of the public water management system shall be dedicated to the public, without the 23 responsibility for maintenance, as a drainage easement. A maintenance easement, of a 24 size acceptable to the County Manager or designee or other governmental agency with 25 maintenance responsibility, shall be provided adjacent to the established drainage 26 easement, or the drainage easement created must be of a size suitable for the 27 proposed canal and its maintenance. 28 F. Stormwater Retention/Detention Design for Single-Family Dwelling Units, Two-Family 29 Dwelling Units and Duplexes. 30 1. Applicability. Any application for a building permit to allow the development or 31 redevelopment of a single-family or two-family dwelling or duplex submitted 32 after July 1, 2008, except for the following conditions: 33 a. Any application within the boundaries of development projects that have: 34 (1) been permitted by the South Florida Water Management District for 35 Surface Water Management or Environmental Resource Protection and 36 (2) have a central surface water management collection, storage, 37 treatment and discharge system; 38 b. A one-time addition is allowed for certain sized homes, as set forth below; 39 or 40 c. An application accompanied by a stormwater management plan, signed 41 and sealed by a registered Florida Professional Engineer. 42 Table 6.05.01 F. 43 Lot Size Lot Coverage Impervious Area Coverage Under 11,000 sq. ft. 25% 40% 11,000 sq. ft. to 52,999 sq. ft. and 100 ft. or greater in width 2,750 sq. ft. +5% of area in excess of 11,000 sq. ft. 4,400 sq. ft. +5% of area in excess of 11,000 sq. ft. 11,000 sq. ft. to 52,999 sq. ft. and less than 100 ft. in width 2,750 sq. ft. +2% of area in excess of 11,000 sq. ft. 4,400 sq. ft. +2% of area in excess of 11,000 sq. ft. 9.B.a Packet Pg. 114 Attachment: LDC section 6.05.01 Water Management Requirements (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 11 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx 53,000 sq. ft. and over 4,850 sq. ft. +3% of area in excess of 53,000 sq. ft. 6,500 sq. ft. +2% of area in excess of 53,000 sq. ft. 1 2. The maximum allowable ratio of lot coverage and impervious area coverage to 2 the total lot area shall be as provided for in Table 6.05.01 F. unless accompanied 3 by an engineer's analysis as specified below. 4 a. The site drainage analysis shall include water quality calculations to 5 SFWMD standards and water quantity calculations done to accommodate 6 the runoff, from area in excess of the above ratio, from a 5-year 1-day 7 storm and shall include a percolation test done by a qualified engineer or 8 technician. If the site will use a drainfield/septic tank for sewage 9 treatment/disposal, the wet season water table calculations for drainage 10 must match that used for the drainfield design. 11 b. The application site plan shall list all required separation distances 12 between wells, drainfield systems, and stormwater retention/detention 13 areas. The calculations may be done on the site plan or may be in a 14 separate Engineer's report, but must be signed and sealed by the 15 Engineer. 16 c. The water surface area of swimming pools and ponds is not considered 17 as impervious area for the purposes of the calculations in Table 6.05.01 18 F. 19 3. A one-time addition to an existing residence will be allowed after July 1, 2008. 20 The addition will be limited to 3 percent of the lot area up to a maximum of 1,000 21 square feet as long as that one-time addition does not exceed the area in Table 22 6.05.01 F. by more than 3 percent of the lot area or more than 1,000 square feet. 23 GF. The design of the stormwater management system shall fully incorporate the 24 requirements of the Interim Watershed Management regulations of LDC section 3.07.00. 25 HG. Street grades. Street grades must be determined in relation to the drainage facilities 26 for the subdivision and must not exceed four percent nor be less than 0.3 percent, 27 unless otherwise approved by the County Manager or designee pursuant to section 28 10.02.04 of the LDC. Street grades must be shown on the development plans by 29 direction and percent of fall on the road profiles. 30 IH. Rainfall and runoff criteria. The system must be designed for "design floods" resulting 31 from rain storms and antecedent conditions for all system components in accordance 32 with current Collier County and South Florida Water Management District criteria. 33 1. Runoff coefficients. Existing land usage will be considered for the selection of 34 proper runoff coefficients within the drainage basins involved, whether within the 35 subdivision or development or not. 36 2. Lakes. Artificial lakes and retention basins proposed as part of a stormwater 37 retention system for on-site water management must be designed and shall be 38 consistent with other ordinances or regulations of Collier County, the state or the 39 region. All lakes will be set back from abutting roadways or intersections 40 pursuant to the design standards established in sections 22-106 through 22-119 41 of the Code of Laws and Ordinances. 42 JI. Stormwater outfalls. Stormwater runoff must be conducted to positive outfalls that can be 43 permanently maintained, practicably and legally. Outfalls to existing waterways, canals, 44 preserve or conservation areas, lakes or storm sewers will be acceptable provided it can 45 be demonstrated through a professional engineering study to the County Manager or 46 designee that such receiving systems have adequate capacity to receive the proposed 47 quantity and quality of the additional flow. 48 9.B.a Packet Pg. 115 Attachment: LDC section 6.05.01 Water Management Requirements (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 12 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx 1. Side ditches or swales along public or private roads shall not be accepted as 1 suitable positive outfalls except as may be specifically accepted under the 2 provisions of the LDC by the County Manager or designee and by the Florida 3 Department of Transportation, if applicable. The storage of stormwater runoff in 4 other existing or proposed ditches or swales within a public or private right-of-5 way will be permitted for volume storage when approved under South Florida 6 Water Management District design criteria, but will not be utilized to satisfy the 7 stormwater storage (quality) requirements of a development's master water 8 management system. 9 KJ. Major waterway. Improvement or establishment of major waterways and canals will be 10 developed in full accord with applicable stormwater management criteria. Engineering 11 data, criteria, and suitable calculations shall be submitted to the County Manager or 12 designee prior to approval of construction plans. 13 1. Roadways over major waterways will be structures approved by the County 14 Manager or designee, sized to maintain flow capacity, designed to assure long 15 life and minimal maintenance. Construction must meet all current Florida 16 Department of Transportation Standard Specifications for Road and Bridge 17 Construction, as amended, unless otherwise approved by the County Manager or 18 designee pursuant to section 10.02.04 of the LDC. 19 LK. Outfall ditches and open channels. Unless otherwise approved by the County Manager 20 or designee pursuant to section 10.02.04 of the LDC, side slopes no steeper than four to 21 one will be allowed. Protection against scour and erosion will be provided as required by 22 the County Manager or designee. 23 ML. Roadside swales. 24 1. Design. In the interest of preserving the existing natural groundwater levels, 25 roadways will not be designed so as to cause the significant lowering of the water 26 levels existing in the area prior to development. Roadside swales and ditches 27 may be permitted within street rights-of-way where the use of roadside swales 28 can be justified to the County Manager or designee through a written report 29 prepared by the applicant's professional engineer. Swales, where permissible, 30 will have side slopes no steeper than four to one and they will not be utilized to 31 satisfy the stormwater quality (volume) requirements of a project's master water 32 management system. Where flow velocities in excess of four feet per second are 33 anticipated, urban right-of-way sections will be required. 34 2. Erosion protection. All unpaved areas within the permanent right-of-way must 35 be provided with permanent erosion protection, such as native vegetation or 36 turf. Swale ditches shall be sodded a lateral distance extending from the road 37 pavement to the top of the swale ditch backslope. Where valley guttered sections 38 are used for drainageways, turf protection must be placed from the edge of the 39 gutter to the outer limits of the right-of-way. If seeding is utilized, then mulching 40 in accordance with the Florida Department of Transportation standards will be 41 required. Additionally, if seeding and mulching are utilized, then a strip of sod one 42 foot wide will be placed along the face of the pavement or curb section and over 43 the invert of any approved swale section within the runoff flowway. All swales 44 subject to erosion velocities will have adequate erosion protection in the form of 45 riprap or other applicable like methods. 46 3. Driveways across swale ditches. Driveways across permitted swale ditches 47 must have placed beneath them drainage pipes of adequate size and type 48 approved by the County Manager or designee, based on the capacity 49 requirements calculated by the applicant's professional engineer for the 50 development's master water management system. 51 9.B.a Packet Pg. 116 Attachment: LDC section 6.05.01 Water Management Requirements (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 13 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx NM. Street drainage. Street drainage within the road right-of-way through grassed swales 1 will be permitted for rural cross sections only except where velocities in excess of four 2 feet per second are anticipated. The flow from these swales or other types of drainage 3 facilities will be diverted to natural percolation areas, artificial seepage basins or 4 artificial lakes of at least sufficient capacity to comply with the criteria of Collier County 5 and the South Florida Water Management District. Other equally effective methods of 6 returning cleansed waters to the aquifer will be acceptable upon prior review and 7 approval by the County Manager or designee. 8 1. Existing natural lakes may be used as detention areas provided that they have 9 adequate storage capacity and that pretreatment measures approved by the 10 County Manager or designee are taken to prevent pollutant matter from entering 11 the lake. Positive outfall drainage facilities will be provided away from all 12 percolation areas, seepage basins, detention areas and artificial lakes to handle 13 the runoff from storms which exceed the required design storm event in duration 14 and/or severity. 15 ON. Percolation areas. The actual area required will depend on the percolation rate for the 16 soils at the specific site and the manner in which the site is developed in accordance 17 with Collier County and South Florida Water Management District criteria. 18 1. Underground drainage. Where drainage plans provide for, or it is so directed by 19 the County Manager or designee, the collection of stormwater in underground 20 pipes, inlets and other appurtenances for conveyance to an intermediate or 21 ultimate outfall, the following minimum design criteria will be observed: 22 a. The minimum pipe used within a publicly maintained stormwater 23 collection system will be 15 inches in diameter. 24 b. Inlets will be spaced at such intervals and in such a manner to allow for 25 the acceptance of 100 percent of the ten-year, one-hour storm runoff. 26 c. The distance between terminating and intermediate structures must not 27 exceed those required by the Florida Department of Transportation, 28 pursuant to Florida Department of Transportation Drainage Manual, 29 Volumes 1—4 (1987 edition or latest revision). 30 d. The stormwater, underground collection system, must be so designed 31 that the elevation of the hydraulic gradient during a ten-year, one-hour 32 storm event is never higher than the crown elevation of any publicly 33 maintained roadway in the system. 34 e. The pipes must be designed to minimize sediment deposits. 35 f. The pipe materials must meet the requirements set forth in sections 36 943—948 inclusive of the current edition of the Florida Department of 37 Transportation Standard Specifications for Road and Bridge Construction. 38 Only concrete pipe or other pipe materials approved by the County 39 Manager or designee may be used in tidal or salt waters. 40 g. All drainage pipes must be fitted with headwalls, endwalls, inlets and 41 other appropriate terminating and intermediate structures. 42 PO. Stormwater disposal. The method of ultimate disposal of stormwaters will be dependent 43 upon the soil characteristic underlying the development or subdivision. All stormwaters 44 will be subjected to treatment for the removal of petroleum residues, oils, suspended 45 solids and other pollutants found in stormwater runoff. The method of treatment will be 46 determined by the applicant's professional engineer responsible for the preparation of 47 the stormwater management plans and specifications, and will be subject to the approval 48 of the County Manager or designee and the concerned state agencies. 49 # # # # # # # # # # # # # 50 51 9.B.a Packet Pg. 117 Attachment: LDC section 6.05.01 Water Management Requirements (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 14 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx 6.05.03 Stormwater Plans for Single-Family Dwelling Units, Two-Family Dwelling Units, 1 and Duplexes 2 A. Purpose. The purpose of this section is to manage stormwater runoff on lots with 3 single-family dwelling units, two-family dwelling units, or duplexes in order to 4 prevent detrimental impacts on site or to adjacent properties. This section is also 5 designed to provide criteria for demonstrating compliance with Collier County Code of 6 Laws and Ordinances section 90-41(f)(8). For the purposes of this section, the term 7 impervious area shall include roofed buildings, concrete and asphalt pads, cool deck 8 (e.g. spraycrete), pavers with limerock base, swimming pools, and lined pond area. 9 Additionally, the term pervious area shall include grass, crushed stone (e.g. #57), 10 mulch, pavers without limerock base, and unlined pond area. 11 B. Applicability. A Type I or Type II Stormwater Plan shall be required for lots with single-12 family dwellings, two-family dwellings, or duplexes with the following exceptions: 13 1. Lots located in the Rural Agricultural (A) zoning district outside the Immokalee 14 Urban Area Overlay district and outside the coastal urban designated area as 15 established in the Future Land Use Map. 16 2. Lots that have received a Surface Water Management or Environmental 17 Resource Protection permit from the South Florida Water Management District. 18 C. Stormwater plan submittal. A stormwater plan shall be submitted as part of an 19 application for a building permit for any of the following: 20 1. Type I Stormwater Plans. 21 a. New structures, additions, pools, or decks on lots with 40 percent or 22 less impervious area, or as described in the following zoning districts: 23 i. RSF-1 zoned lots with 30 percent or less impervious area. 24 ii. Rural Agricultural (A) zoned lots within the Immokalee Urban Area 25 Overlay district or within the coastal urban designated area as 26 established in the Future Land Use Map with 30 percent or less 27 impervious area. 28 iii. Estates zoned lots with 25 percent or less impervious area. 29 b. New structures, additions, pools, or decks on lots that discharge directly 30 to a waterbody downstream of the last control structure, whether or not 31 the lot exceeds the impervious area thresholds in LDC section 6.05.03 32 C.1.a above. 33 2. Type II Stormwater Plans. 34 a. New structures, additions, pools, or decks on lots with more than 40 35 percent impervious area, or as described in the following zoning 36 districts: 37 i. RSF-1 zoned lots with more than 30 percent impervious area. 38 ii. Rural Agricultural (A) zoned lots within the Immokalee Urban Area 39 Overlay district or within the coastal urban designated area as 40 established in the Future Land Use Map with more than 30 41 percent impervious area. 42 iii. Estates zoned lots with more than 25 percent impervious area. 43 b. New structures, additions, pools, or decks on lots that discharge directly 44 to a waterbody upstream of the last control structure, whether or not the 45 lot exceeds the impervious area thresholds in LDC section 6.05.03 46 C.2.a above. 47 D. Stormwater plan criteria. 48 1. Type I Stormwater Plan. Type I Stormwater Plans shall be prepared by a Florida 49 registered design professional, licensed contractor or owner builder. The Type I 50 Stormwater Plan shall demonstrate the following: 51 9.B.a Packet Pg. 118 Attachment: LDC section 6.05.01 Water Management Requirements (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 15 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx a. Stormwater runoff. Discharges from the impacted area shall be directed 1 into one or more of the following: 2 i. An existing surface water management system. 3 ii. A drainage conveyance system, such as swales or underground 4 storm sewer systems. 5 iii. On-site retention or detention areas. The bottom of retention or 6 detention areas shall be above the wet season water table. 7 iv. A waterbody downstream of the last control structure. Stormwater 8 discharges to a waterbody shall not result in erosion of soil. 9 Discharges may be allowed through an orifice with a minimum 10 size of 3 inches and the soil adjacent to the discharge area shall 11 be stabilized. For lots discharging directly to waterbodies 12 upstream of the last control structure, see LDC section 6.05.03 13 D.2. 14 b. Design standards. 15 i. Retaining walls shall be set back six inches from the property line, 16 if applicable. 17 ii. Stone in French drains shall be calculated with a 40 percent void 18 ratio, if applicable. 19 iii. Stormwater pipes, if used, shall not be metal. 20 iv. Gutters and downspouts shall comply with LDC section 6.05.01 C, 21 if applicable. 22 c. The location, dimension, and setbacks of septic systems, if applicable. 23 2. Type II Stormwater Plan. Type II Stormwater Plans shall be prepared by a 24 professional engineer licensed in the state of Florida. The Type II Stormwater 25 Plan shall demonstrate the following: 26 a. Stormwater runoff. Discharges from the impacted area shall be directed 27 into one or more of the following: 28 i. An existing surface water management system. 29 ii. A drainage conveyance system, such as swales or underground 30 storm sewer systems. 31 iii. On-site retention or detention areas. The bottom of retention or 32 detention areas shall be above the wet season water table. 33 iv. A waterbody. Stormwater discharges directly to a waterbody shall 34 not result in erosion of soil. Discharges may be allowed through 35 an orifice with a minimum size of 3 inches and the soil adjacent to 36 the discharge area shall be stabilized. 37 b. Design standards. 38 i. Retaining walls shall be set back six inches from the property line, 39 if applicable. 40 ii. Stone in French drains shall be calculated with a 40 percent void 41 ratio, if applicable. 42 iii. Stormwater pipes, if used, shall not be metal. 43 iv. Gutters and downspouts shall comply with LDC section 6.05.01 C, 44 if applicable. 45 c. The location, dimension, and setbacks of septic systems, if applicable. 46 d. An engineer’s analysis that demonstrates the following: 47 i. Water quantity calculations by a qualified engineer or technician 48 that demonstrate the ability to accommodate the runoff from the 49 area exceeding the applicable threshold in LDC section 6.05.03 C 50 from a 5-year 1-day storm. 51 9.B.a Packet Pg. 119 Attachment: LDC section 6.05.01 Water Management Requirements (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term 16 I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Drafts\6 05 01 Water Management Requirements 2-27-17 (for 3-14-17 BCC).docx ii. A matrix of all required separation distances between wells, 1 drainfield systems, and stormwater retention/detention areas. The 2 calculations may be done on the site plan or may be in a separate 3 engineer's report, but the site plan must be signed and sealed by 4 a professional engineer licensed in the state of Florida. 5 e. A certification of compliance shall be submitted to the County by the 6 engineer prior to an inspection. 7 E. Application submittal requirements. The Administrative Code shall establish the 8 submittal requirements for stormwater plans. 9 F. Inspection and maintenance. 10 1. Inspection. The subject property shall be inspected by the County prior to 11 issuance of a certificate of occupancy or certificate of completion, as applicable, 12 for consistency with the approved stormwater plan. 13 2. Maintenance. The property owner shall maintain site grading and drainage (e.g. 14 swales, French drains, grates, etc.) in accordance with the approved stormwater 15 plan. Future changes to impervious area or site grading shall not modify the site 16 in a manner that will prevent continued drainage of the site as shown on the 17 approved stormwater plan, whether or not a permit is required for an 18 improvement. 19 G. Violations. Where a violation of Collier County Code of Laws and Ordinances section 90-20 41(f)(8) has been found by the Code Enforcement Board or Special Magistrate, a 21 stormwater plan shall be submitted that demonstrates the additional flow of surface 22 water has been eliminated. The subject property shall be inspected by the County to 23 determine if the violation has been resolved. 24 # # # # # # # # # # # # # 25 9.B.a Packet Pg. 120 Attachment: LDC section 6.05.01 Water Management Requirements (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 4 | Administrative Procedures I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Administrative Code\M. Stormwater Plans 3-6-17.docx M. Stormwater Plan Reference LDC subsection 6.05.03. Applicability This process applies to single-family dwellings, two-family dwellings, and duplexes that meet the applicability criteria established in LDC section 6.05.03. This process may also be used to demonstrate compliance with Collier County Code of Laws and Ordinances section 90-41(f)(8) as described in LDC section 6.05.03 G. Pre-application A pre-application meeting is not required. Initiation The applicant submits a Type I or Type II Stormwater Plan as part of the Building Permit application or when required by the Code Enforcement Board or Special Magistrate to demonstrate compliance with Collier County Code of Laws and Ordinances section 90- 41(f)(8). Application Contents Submittal Credentials: A Type I Stormwater Plan, as described below, shall be prepared by a Florida registered design professional, licensed contractor, or owner builder. A Type II Stormwater Plan, as described below, shall be prepared by a professional engineer licensed in the state of Florida. The name and contact information of the person who prepared the drainage plan shall be included on the document. Type I and Type II Stormwater Plan applications must include the following: 1. Applicant contact information. 2. Property information, including:  Address of the subject property;  Zoning of the subject property; and  Description of the proposed activity. 3. The Stormwater Plan shall demonstrate the following:  Property boundaries;  Lot area;  Finished floor elevation of the subject property, as needed;  Elevation of adjacent properties at the property line and representative elevations of the subject site throughout the impacted area, as needed;  Location and area of all surfaces that prevent the percolation or absorption of water into the ground on the site;  Septic system location and dimensions, if applicable;  Location of existing topographical features, such as, watercourses, drainage ditches, lakes, marshes, if applicable;  Proposed drainage directional arrows;  Location and type of all drainage infrastructure, if applicable; 9.B.b Packet Pg. 121 Attachment: Administrative Code for Land Development Chapter 4.M (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) Text underlined is new text to be added Strikethrough text is current text to be deleted Bold text indicates a defined term Collier County Land Development Code | Administrative Procedures Manual Chapter 4 | Administrative Procedures I:\2016 LDC Amendment Cycle\Amendments\6.05.01 Lot Coverage\Administrative Code\M. Stormwater Plans 3-6-17.docx  Square feet of retention or detention areas, if applicable;  Depth of retention or detention areas in inches, if applicable;  Cross-sections illustrating proposed grading and drainage infrastructure, including but not limited to: berms, walls, swales, pipes, gutters and downspouts, or other drainage facilities as needed to demonstrate compliance with LDC section 6.05.03; and  Elevation of the wet season water table in the impacted area if detention or retention is proposed; In addition to the application contents above, Type II Stormwater Plans must include an engineer’s analysis that demonstrates the following:  Water quantity calculations required in LDC section 6.05.03 D.2;  A matrix of all required separation distances between wells, drainfield systems, and stormwater retention/detention areas. The matrix may be included as a part of the site plan or on a separate engineer’s report; and  The wet season water table elevation. 4. Any additional information related to the subject site, impervious areas, or drainage requested by the County Manager or designee. Completeness and Processing The Planning & Zoning Division will review the application for completeness. After submission of the completed application packet accompanied with the required fee, the applicant will receive a mailed or electronic response notifying the applicant that the petition is being processed. Accompanying that response will be a receipt for the payment and the tracking number (i.e., XX201200000) assigned to the petition. This petition tracking number should be noted on all future correspondence regarding the petition. Notice No notice is required. Public Hearing No public hearing required. Decision maker The County Manager or designee. Review Process The Stormwater Plan will be reviewed by the Planning & Zoning Division as a part of the Building Permit application or a code enforcement case. Updated 9.B.b Packet Pg. 122 Attachment: Administrative Code for Land Development Chapter 4.M (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) DRAFT 3/29/17 Page 1 of 11 Words struck through are deleted, words underlined are added ORDINANCE NO. 17 - ____ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04 - 41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER SIX – INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING SECTION 6.05.01 WATER MANAGEMENT REQUIREMENTS, ADDING SECTION 6.05.03 STORMWATER PLANS FOR SINGLE-FAMILY DWELLING UNITS, TWO-FAMILY DWELLING UNITS, AND DUPLEXES; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this amendment to the LDC is part of the first amendment cycle for the calendar year 2016; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and 9.B.c Packet Pg. 123 Attachment: 2016-1 Draft ordinance - stormwater- 3.29.17 (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) DRAFT 3/29/17 Page 2 of 11 Words struck through are deleted, words underlined are added WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on March 14, 2017 and April 11, 2017, and did take action concerning these amendments to the LDC; and WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular § 163.3202(1). F.S., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 9.B.c Packet Pg. 124 Attachment: 2016-1 Draft ordinance - stormwater- 3.29.17 (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) DRAFT 3/29/17 Page 3 of 11 Words struck through are deleted, words underlined are added 4. Section 163.3194(1)(b), F.S., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. 5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive plan pursuant to the requirements of § 163.3161 et seq., F.S. 7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan, or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities , capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good order, appearance, convenience and general welfare of Collier 9.B.c Packet Pg. 125 Attachment: 2016-1 Draft ordinance - stormwater- 3.29.17 (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) DRAFT 3/29/17 Page 4 of 11 Words struck through are deleted, words underlined are added County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE * * * * * * * * * * * * * SUBSECTION 3.A. AMENDMENTS TO SECTION 6.05.01 WATER MANAGEMENT REQUIREMENTS Section 6.05.01 Water Management Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Section 6.05.01 Water Management Requirements * * * * * * * * * * * * E. Any canal which forms a part of the public water management system shall be dedicated for care and maintenance per the requirements of the governmental agency which has jurisdiction. Canals located entirely within the subdivision and which do not form a part of the public water management system shall be dedicated to the public, without the responsibility for maintenance, as a drainage easement. A maintenance easement, of a size acceptable to the County Manager or designee or other governmental agency with maintenance responsibility, shall be provided adjacent to the established drainage easement, or the drainage easement created must be of a size suitable for the proposed canal and its maintenance. 9.B.c Packet Pg. 126 Attachment: 2016-1 Draft ordinance - stormwater- 3.29.17 (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) DRAFT 3/29/17 Page 5 of 11 Words struck through are deleted, words underlined are added F. Stormwater Retention/Detention Design for Single-Family Dwelling Units, Two-Family Dwelling Units and Duplexes. 1. Applicability. Any application for a building permit to allow the development or redevelopment of a single-family or two-family dwelling or duplex submitted after July 1, 2008, except for the following conditions: a. Any application within the boundaries of development projects that have: (1) been permitted by the South Florida Water Management District for Surface Water Management or Environmental Resource Protection and (2) have a central surface water management collection, storage, treatment and discharge system; b. A one-time addition is allowed for certain sized homes, as set forth below; or c. An application accompanied by a stormwater management plan, signed and sealed by a registered Florida Professional Engineer. Table 6.05.01 F. Lot Size Lot Coverage Impervious Area Coverage Under 11,000 sq. ft. 25% 40% 11,000 sq. ft. to 52,999 sq. ft. and 100 ft. or greater in width 2,750 sq. ft. +5% of area in excess of 11,000 sq. ft. 4,400 sq. ft. +5% of area in excess of 11,000 sq. ft. 11,000 sq. ft. to 52,999 sq. ft. and less than 100 ft. in width 2,750 sq. ft. +2% of area in excess of 11,000 sq. ft. 4,400 sq. ft. +2% of area in excess of 11,000 sq. ft. 53,000 sq. ft. and over 4,850 sq. ft. +3% of area in excess of 53,000 sq. ft. 6,500 sq. ft. +2% of area in excess of 53,000 sq. ft. 2. The maximum allowable ratio of lot coverage and impervious area coverage to the total lot area shall be as provided for in Table 6.05.01 F. unless accompanied by an engineer's analysis as specified below. a. The site drainage analysis shall include water quality calculations to SFWMD standards and water quantity calculations done to accommodate the runoff, from area in excess of the above ratio, from a 5 -year 1-day storm and shall include a percolation test done by a qualified engineer or technician. If the site will use a drainfield/septic tank for sewage treatment/disposal, the wet season water table calculations for drainage must match that used for the drainfield design. 9.B.c Packet Pg. 127 Attachment: 2016-1 Draft ordinance - stormwater- 3.29.17 (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) DRAFT 3/29/17 Page 6 of 11 Words struck through are deleted, words underlined are added b. The application site plan shall list all required separation distances between wells, drainfield systems, and stormwater retention/detention areas. The calculations may be done on the site plan or may be in a separate Engineer's report, but must be signed and sealed by the Engineer. c. The water surface area of swimming pools and ponds is not considered as impervious area for the purposes of the calculations in Table 6.05.01 F. 3. A one-time addition to an existing residence will be allowed after July 1, 2008. The addition will be limited to 3 percent of the lot area up to a maximum of 1,000 square feet as long as that one-time addition does not exceed the area in Table 6.05.01 F. by more than 3 percent of the lot area or more than 1,000 square feet. G F. The design of the stormwater management system shall fully incorporate the requirements of the Interim Watershed Management regulations of LDC section 3.07.00. (**ALL REMAINING SUBSECTIONS TO BE RE-LETTERED ACCORDINGLY**) * * * * * * * * * * * * * SUBSECTION 3.B. ADDING SECTION 6.05.03 STORMWATER PLANS FOR SINGLE-FAMILY DWELLING UNITS, TWO-FAMILY DWELLING UNITS, AND DUPLEXES Section 6.05.03 Stormwater Plans for Single-Family Dwelling Units, Two-Family Dwelling Units, and Duplexes, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby added as follows: Section 6.05.03 Stormwater Plans for Single-Family Dwelling Units, Two-Family Dwelling Units, and Duplexes A. Purpose. The purpose of this section is to manage stormwater runoff on lots with single-family dwelling units, two-family dwelling units, or duplexes in order to prevent detrimental impacts on site or to adjacent properties. This section is also designed to provide criteria for demonstrating compliance with Collier County Code of Laws and Ordinances section 90-41(f)(8). For the purposes of this section, the term impervious area shall include roofed buildings, concrete and asphalt pads, cool deck (e.g. spraycrete), pavers with limerock base, swimming pools, and lined pond area. 9.B.c Packet Pg. 128 Attachment: 2016-1 Draft ordinance - stormwater- 3.29.17 (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) DRAFT 3/29/17 Page 7 of 11 Words struck through are deleted, words underlined are added Additionally, the term pervious area shall include grass, crushed stone (e.g. #57), mulch, pavers without limerock base, and unlined pond area. B. Applicability. A Type I or Type II Stormwater Plan shall be required for lots with single- family dwellings, two-family dwellings, or duplexes with the following exceptions: 1. Lots located in the Rural Agricultural (A) zoning district outside the Immokalee Urban Area Overlay district and outside the coastal urban designated area as established in the Future Land Use Map. 2. Lots that have received a Surface Water Management or Environmental Resource Protection permit from the South Florida Water Management District. C. Stormwater plan submittal. A stormwater plan shall be submitted as part of an application for a building permit for any of the following: 1. Type I Stormwater Plans. a. New structures, additions, pools, or decks on lots with 40 percent or less impervious area, or as described in the following zoning districts: i. RSF-1 zoned lots with 30 percent or less impervious area. ii. Rural Agricultural (A) zoned lots within the Immokalee Urban Area Overlay district or within the coastal urban designated area as established in the Future Land Use Map with 30 percent or less impervious area. iii. Estates zoned lots with 25 percent or less impervious area. b. New structures, additions, pools, or decks on lots that discharge directly to a waterbody downstream of the last control structure, whether or not the lot exceeds the impervious area thresholds in LDC section 6.05.03 C.1.a above. 2. Type II Stormwater Plans. a. New structures, additions, pools, or decks on lots with more than 40 percent impervious area, or as described in the following zoning districts: i. RSF-1 zoned lots with more than 30 percent impervious area. ii. Rural Agricultural (A) zoned lots within the Immokalee Urban Area Overlay district or within the coastal urban designated area as established in the Future Land Use Map with more than 30 percent impervious area. iii. Estates zoned lots with more than 25 percent impervious area. 9.B.c Packet Pg. 129 Attachment: 2016-1 Draft ordinance - stormwater- 3.29.17 (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) DRAFT 3/29/17 Page 8 of 11 Words struck through are deleted, words underlined are added b. New structures, additions, pools, or decks on lots that discharge directly to a waterbody upstream of the last control structure, whether or not the lot exceeds the impervious area thresholds in LDC section 6.05.03 C.2.a above. D. Stormwater plan criteria. 1. Type I Stormwater Plan. Type I Stormwater Plans shall be prepared by a Florida registered design professional, licensed contractor or owner builder. The Type I Stormwater Plan shall demonstrate the following: a. Stormwater runoff. Discharges from the impacted area shall be directed into one or more of the following: i. An existing surface water management system. ii. A drainage conveyance system, such as swales or underground storm sewer systems. iii. On-site retention or detention areas. The bottom of retention or detention areas shall be above the wet season water table. iv. A waterbody downstream of the last control structure. Stormwater discharges to a waterbody shall not result in erosion of soil. Discharges may be allowed through an orifice with a minimum size of 3 inches and the soil adjacent to the discharge area shall be stabilized. For lots discharging directly to waterbodies upstream of the last control structure, see LDC section 6.05.03 D.2. b. Design standards. i. Retaining walls shall be set back six inches from the property line, if applicable. ii. Stone in French drains shall be calculated with a 40 percent void ratio, if applicable. iii. Stormwater pipes, if used, shall not be metal. iv. Gutters and downspouts shall comply with LDC section 6.05.01 C, if applicable. c. The location, dimension, and setbacks of septic systems, if applicable. 2. Type II Stormwater Plan. Type II Stormwater Plans shall be prepared by a professional engineer licensed in the state of Florida. The Type II Stormwater Plan shall demonstrate the following: 9.B.c Packet Pg. 130 Attachment: 2016-1 Draft ordinance - stormwater- 3.29.17 (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) DRAFT 3/29/17 Page 9 of 11 Words struck through are deleted, words underlined are added a. Stormwater runoff. Discharges from the impacted area shall be directed into one or more of the following: i. An existing surface water management system. ii. A drainage conveyance system, such as swales or underground storm sewer systems. iii. On-site retention or detention areas. The bottom of retention or detention areas shall be above the wet season water table. iv. A waterbody. Stormwater discharges directly to a waterbody shall not result in erosion of soil. Discharges may be allowed through an orifice with a minimum size of 3 inches and the soil adjacent to the discharge area shall be stabilized. b. Design standards. i. Retaining walls shall be set back six inches from the property line, if applicable. ii. Stone in French drains shall be calculated with a 40 percent void ratio, if applicable. iii. Stormwater pipes, if used, shall not be metal. iv. Gutters and downspouts shall comply with LDC section 6.05.01 C, if applicable. c. The location, dimension, and setbacks of septic systems, if applicable. d. An engineer’s analysis that demonstrates the following: i. Water quantity calculations by a qualified engineer or technician that demonstrate the ability to accommodate the runoff from the area exceeding the applicable threshold in LDC section 6.05.03 C from a 5-year 1-day storm. ii. A matrix of all required separation distances between wells, drainfield systems, and stormwater retention/detention areas. The calculations may be done on the site plan or may be in a separate engineer's report, but the site plan must be signed and sealed by a professional engineer licensed in the state of Florida. e. A certification of compliance shall be submitted to the County by the engineer prior to an inspection. E. Application submittal requirements. The Administrative Code shall establish the submittal requirements for stormwater plans. F. Inspection and maintenance. 9.B.c Packet Pg. 131 Attachment: 2016-1 Draft ordinance - stormwater- 3.29.17 (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) DRAFT 3/29/17 Page 10 of 11 Words struck through are deleted, words underlined are added 1. Inspection. The subject property shall be inspected by the County prior to issuance of a certificate of occupancy or certificate of completion, as applicable, for consistency with the approved stormwater plan. 2. Maintenance. The property owner shall maintain site grading and drainage (e.g. swales, French drains, grates, etc.) in accordance with the approved stormwater plan. Future changes to impervious area or site grading shall not modify the site in a manner that will prevent continued drainage of the site as shown on the approved stormwater plan, whether or not a permit is required for an improvement. G. Violations. Where a violation of Collier County Code of Laws and Ordinances section 90- 41(f)(8) has been found by the Code Enforcement Board or Special Magistrate, a stormwater plan shall be submitted that demonstrates the additional flow of surface water has been eliminated. The subject property shall be inspected by the County to determine if the violation has been resolved. * * * * * * * * * * * * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event that any provisions of this ordinance should result in an unresolved conflict with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP), the applicable provisions of the LDC or GMP shall prevail. 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 portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. 9.B.c Packet Pg. 132 Attachment: 2016-1 Draft ordinance - stormwater- 3.29.17 (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) DRAFT 3/29/17 Page 11 of 11 Words struck through are deleted, words underlined are added SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 11th day of April, 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA By:__________________________ By:_____________________________ , Deputy Clerk PENNY TAYLOR, Chairman Approved as to form and legality: __________________________ Scott A. Stone Assistant County Attorney 04-CMD-01077/____ (3/29/17) 9.B.c Packet Pg. 133 Attachment: 2016-1 Draft ordinance - stormwater- 3.29.17 (2957 : 2016 LDC Amendment Cycle - Stormwater Plans) 9.B.d Packet Pg. 134 Attachment: Legal Ad (2957 : 2016 LDC Amendment Cycle - Stormwater Plans)