Ordinance 2003-58 ORDINANCE NO. 2003-_58 - ~ ~~r ~ ~ :~
/ NTY FLORIDA,
~X~ cmr~l ANCE OF COLLIER COU , ..... ~-~.
~~.~$~o-~,~/~A~I~N110, ARTICLE Ii OF THE COLLIER COUNTY tzt~ts~.~-.-
LAWS AND ORDINANCES, WHICH AMENDMENT (1) EXCEPT FOR
NAPLES PARK, PROHIBITS THE ENCLOSURE OF SWALES WITHIN
THE PUBLIC RIGHTS-OF-WAY BUT PROVIDES GUIDELINES TO
PERMIT THE ENCLOSURE OF SWALES ON A CASE-BY-CASE BASIS,
AND (2) AUTHORIZES ONGOING INSPECTIONS OF, AND REQUIRES
NECESSARY REPAIRS AND IMPROVEMENTS TO, EXISTING
CULVERTS AND SWALE ENCLOSURES WITHIN THE PUBLIC
RIGHT-OF-WAY; PROVIDES FOR INCLUSION IN THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDES FOR
AN EFFECTIVE DATE.
WHEREAS, the current practice of permitting the enclosure of swales within the Public
Rights-of-Way is detrimental to the efficient detention of storm water runoff and to the recharge of
groundwater; and
WHEREAS, the Transportation Services Division has received numerous requests to enclose
swales within the Public Rights-of-Way; and
WHEREAS, the Board of County Commissioners of Collier County, Florida does hereby find
and determine that it is in the public interest and the health, safety and welfare of its citizens (1) to
generally prohibit the enclosure of swales within the Public Rights-of-Way, (2) to allow the
Transportation Administrator or his designee to review and approve deviations from this policy when
documented by substantial competent evidence in accordance with approved guidelines, (3) to allow
for the ongoing inspection o f existing culverts and swale enclosures within the Public Rights-of-
Way, and (4) to require necessary repairs and improvements to existing culverts and swale
enclosures within the Public Rights-of-Way; and
WHEREAS, Ordinance No. 1998-1, known as the "Collier County Swale/Culvert Ordinance
Naples Park," already regulates the issue of swale enclosures within the area known as Naples Park;
and
WHEREAS, the Board of County Commissioners previously enacted Ordinance No. 2003-
37, also cited as Chapter 110, Article II of the Collier County Code and Ordinances, which
Ordinance, among other things, concerns the regulation of private construction in the Public Rights-
of-Way, and
WHEREAS, the Board of County Commissioners of Collier County desires to amend
Ordinance No. 2003-37 as follows: (1) except as specifically set forth in Ordinance. No. 1998-1, to
prohibit the enclosure of swales within the Public Rights-of-Way, but to allow the Transportation
Administrator or his designee to review and approve deviations from this policy when documented
by substantial competent evidence in accordance with approved guidelines; and (2) to authorize the
ongoing inspection of, and to require necessary improvements and repairs to, existing culverts and
swale enclosures within the Public Rights-of-Way-
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE: AMENDMENT.
1. The following new section is hereby added to Chapter 110 of the Collier County Code
and Ordinances:
Sec. 110-30. Enclosure of Swales. Exce t as s ecificall set forth in the "Collier County
swales within the Public Ri hts-of-Wa is hereb rohibited. The Trans 0rtation Administrator or
substantial corn etent evidence in accordance with the uidelines set forth in the handbook. I n
addition, the Transportation ~ will continually inspect existing culvert~s
and swale enclosures withi~a to ascertain their condition and their effect o__p_n
the r_____~oadside drainage system. ~uire any necessary repairs ~rovements to existing
culve_______~s and swale enclosures located w~ithin the Public Rights-of-W~.~.9~
2. The "Construction Standards Handbook for Work Within the Public Rights-of-Way,
Collier County, Florida," adopted by Collier County Ordinance No. 2003-37, is hereby amended by
adding as Appendix C to the handbook the "Collier County Transportation Services Division Right-
of-Way Permitting and Inspection Section Criteria For Enclosure of Swales in the Right-of-Way,"
set forth in Exhibit "A" to this Ordinance.
3. The following Sections of the Collier County Code and Ordinances are hereby
renumbered as follows:
Current Sec. 110-30.
Current Sec. 110-31.
Permits., is hereby renumbered to Sec. 110 -31. Permits.
Removal of offending material., is hereby renumbered to Sec. 110-32.
Removal of offending material.
Current Sec. 110-32. Rule of construction of this article., is hereby renumbered to Sec.
110-33. Rule of construction of this article.
Current Sec. 110-33. Conflict and severability., is hereby renumbered to Sec. 110-34.
Conflict and severability.
Current Sec. 110-34. Penalties., is hereby renumbered to Sec. 110-35. Penalties.
Current Secs. 110-35--110-40. Reserved., are hereby renumbered Sec. 110-36--110-40.
Reserved.
Except as renumbered, these sections remain otherwise unchanged.
SECTION TWO: 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
. · .... article", or any other
to accomplish such, and the word "ordinance" may be changed to section ,
appropriate word.
SECTION THREE: 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 I~ day of_ ~,J ~/'~m~;~'~_ ~--------' 2003.
BOARD OF cOUNTY COMMISSIONERS
COLLIER~NTY~7~IDA o
Tom Henning, Chairma
' "~
./J_-[__ ci~ :' or'
Approv,
suff..~
Jeffrey
Assistar
st
Col
ty Attorney
Exhibit "A"
lesin the Ri hts-of-wa
It is not normally desirable to replace an open grassed swale within a County right-of-way or
easement with an enclosed storm drain pipe. Enclosing a swale can reduce stormwater storage
volume and stormwater quality treatment capacity. However, it is understood that extenuating
circumstances can occur that would make an enclosed system more desirable for health and
safety considerations. For those instances where County staff, in responsible charge of making
the decisions for swale enclosures, determine that there are sufficient circumstances to justify
enclosing an existing swale or ditch, an application for a Right-of-Way Use Permit must be filed
with the County. In order for the County to consider issuance of a permit for a swale enclosure,
the following criteria must be met:
1. An existing conditions survey and a calculation of the existing cross-sectional swale
area shall be provided. A pre and post enclosure evaluation shall be performed to
demonstrate that post-enclosure volume is equal to or greater than pre-enclosure
volume. A cross section and profile of the existing swale to be enclosed together with
a nd provided b y a
le'and top
bottom a.b
width, side s lopes, and depth s hall b e prepared
Florida registered professional engineer. If original design tnformat~on ts avad
regardless of the existing condition, the required enclosure volume shall be based on
the original swale design geometry and not the existing condition
2. AnY existing water quality pre-treatment has to be compensated either within the
right-of-way or in the property, and it has to be in a dry detention area, at least 1'
above the high seasonal water table (hswt). The detention area has to collect the
runoff from the adjacent pavement that came to the existing swale. Plan and section
views depicting an adequate proposed project grading plan which conveys roadway
runoff from the edge of pavement into the dry detention area shall be provided.
Grading plans must take into account the thickness of sod, typically 4", so as not to
up" "bird bath" or ponding condition at the edge of pavement.
create a "step leaving a shall be provided in the
3"
An outlet with a bleeddown orifice (Invert at hswt)
detention area. I f the desired plan is to provide a shallow swale for water quality
underlain by a storm drain pipe for water quantity, adequate inlets must be provided
to the storm drain pipe. Within the urban portion of the County where the affected lot
width is less than 100 feet, inlet spacing will be a minimum of one inlet between each
driveway. Where lot widths are greater than 100 feet, or in the non-urban portions of
the County, inlets shall be located between each driveway with additional inlets as
needed to ensure that inlet spacing does not exceed 100 feet. The plans shall show a
clearly d e fined w ay t o get t he s tormwater from t he dry detention a rea back t o t he
enclosed swale.
3. AnY existing water quantity that flows through the swale shall be compensated in a
pipe with the capacity to handle that volume. Pipe size calculations indicating the
equivalent, compensating volume proposed shall be provided. The minimum pipe
size is 18 inches or equivalent.
4. Invert elevations of proposed and existing adjacent pipes, along with direction of flow
shall be identified. Also adequate pipe coverage as per manufacturers
Page 1 of 2
recommendations for H S-20 loading shall be identified. F or swale enclosures, the
allowable pipe materials are steel reinforced concrete, aluminum, h~gh density
polyethylene (HDPE) and polyvinylchloride (PVC). Pipes must have a smooth
interior wall and meet Florida Department of Transportation approved criteria. Steel
pipe material is not acceptable, seasonal high water table elevation, the bottom
The relationship between the normal
of the ditch, the invert of the proposed culvert, existing outfall invert (if possible), and
typical direction of flow shall be shown. An actual normal seasonal high water table
· d be called out on the proposed plan.
elevatton shoul . · ,__~oA A nstream of the system proposed to be enclosed,
If a control structure ~s ~o~;~,,,, wow be shown that such enclosure will not
enclosure will be prohibited unless it can
adversely affect the water quality requirements set forth in the SFWMD Permit for
the existing
the control structure.
Because of potential larger pipe sizes required to adequately convey
storm water runoff, minimum cover requirements may place the proposed pipe invert
below the normal seasonal high water table elevation· No credit shall be given for
any proposed storage volume provided below the water table.
8. The use of slotted pipe in rock trenches lined with geotextile fabric ~ be acceptable
in certain locations for water quantity storage where stormwater quality pretreatment
is provided and there is clearlY insufficient land surface to provide the required dry
detention volume. The use of slotted pipe in rock trenches lined with geotextile
fabric is also allowable where previously permitted by the County or a State or
for the
Federal agency.
9. All permits for swale or ditch enclosures shall contain explicit requirements
property owner, successors or assigns to maintain the enclosure.
Page 2 of 2
sTATE OF FLORIDA)
coUNTY OF
I, DwIGhT E. BROCK,
Twentieth Judicial circuit,
hereby certify that the foregoing is
clerk of courts in and for the
Collier CountY, Florida, do
a true and correct
copy of:
oRDINANCE 2003-58
which was adopted by the Board of County Commissioners
on the 18th day of November, 2003, during Regular Session-
official seal of the Board of
Florida, this 20th
wTTNESS my hand and the
County Commissioners of Collier countY,
day of November' 2003.
.... ~t{T E BROCK
clerk o~ ~U-
. _officio
County uu~,,t,- ~