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DSAC Agenda 05/02/2018VSAC Meeting May 2, 2018 3:00 PM 2000 N. Horseshoe Drive Growth Management Department DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA May 2, 2018 3:00 p.m. Conference Room 610 NOTICE: Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time. Speakers are required to fill out a "Speaker Request Form," list the topic they wish to address and hand it to the Staff member seated at the table before the meeting begins. Please wait to be recognized by the Chairman, and speak into a microphone. State your name and affiliation before commenting. During the discussion, Committee Members may direct questions to the speaker. Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all statements being made. Call to Order — Chairman Approval of Agenda III. Approval of Minutes from April 4, 2018 IV. Public Speakers V. Staff Announcements/Updates A. Code Enforcement Division update — [Mike Ossorio] B. Public Utilities Department update — [Tom Chmelik or designee] C. Growth Management Department Transportation Engineering Division & Planning Division updates — [Jay Ahmad or designee] D. Collier County Fire Review update — [Shawn Hanson and/or Shar Hingson] E. North Collier Fire Review update — [Dale Fey] F. Operations & Regulatory Mgmt. Division update — [Ken Kovensky] G. Development Review Division update — [Matt McLean] VI. New Business A. Presentation of the Sunshine Law & Ethics [Colleen Greene] B. LDC Amendments [Jeremy Frantz] C. Impact Fee Indexing 2018 [Amy Patterson] VII. Old Business A. Review proposed Pollution Control ordinance [Danette Kinaszczuk] VIII. Committee Member Comments IX. Adjourn Next Meeting Dates: June 6, 2018 GMD conference Room 610 — 3:00 pm July 4, 2018 Cancel "Holiday" — Need to discuss August 1, 2018 GMD conference Room 610 — 3:00 pm September 5, 2018 GMD conference Room 610 — 3:00 pm Page 1 of 1 Apri14, 2018 MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE MEETING Naples, Florida, April 4, 2018 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 P.M. in REGULAR SESSION at the Collier County Growth Management Department Building, Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: Chairman: William J. Varian Vice Charman: Blair Foley (Excused) David Dunnavant James E. Boughton Clay Brooker Brad Schiffer Chris Mitchell Robert Mulhere Mario Valle Norman Gentry Marco Espinar (Excused) Ron Waldrop Laura Spurgeon DeJohn Jeremy Sterk Jeff Curl ALSO PRESENT: Jamie French, Deputy Department Head Judy Puig, Operations Analyst, Staff Liaison Eric Fey, Sr. Project Manager, Public Utilities Mike Ossorio, Director, Code Enforcement Division Matt McLean, Director, Development Review Rich Long, Director, Plans Review and Inspections Ken Kovensky, Director, Operations and Regulatory Management Scott Stone, Assistant County Attorney Lorraine Lantz, Transportation Planning April 4, 2018 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Department I. Call to Order - Chairman Chairman Varian called the meeting to order at 3:OOpm IL Approval of Agenda Mr. Curl moved to approve the Agenda. Second by Mr. Valle. Carried unanimously 11- 0. III. Approval of Minutes from March 7, 2018 Meeting Mr. Schiffer moved to approve the minutes of the March 7, 2018 meeting as presented Second by Mr. Mulhere. Carried unanimously 11- 0. IV. Public Speakers None V. Staff Announcements/Updates A. Code Enforcement Division update — [Mike Ossorio] Mr. Ossorio provided the report "Code Enforcement Division Monthly Report February 22, — March 21, 2018 Highlights"" for information purposes. He noted community cleanup activities occur in Goodland, Bayshore and Immokalee as well as increased community outreach on the functions of the Code Enforcement Division. Ms. Spurgeon-DeJohn arrived at 3: 04pm. B. Public Utilities Division update — [Tom Chmelik or designee] Mr. Fey submitted the monthly report on response time for Letters of Availability, Utility Deviations and FDEP Permits for information purposes. He noted: • The Division's issuance of Letters of Availability response time averages 74 days, but the timeline does not affect the permit process. • The goal is to reduce the response time to 5 to 10 business days. • The BCC will be reviewing changes to the requirements for pump stations in the County at their April 24, 2018 meeting including requiring private facilities be turned over to the County. The requirement will not include grinder pump facilities. • The Utility Standards manual is being updated and he submitted a "Table of Revisions" for information purposes. Mr. Gentry arrived at 3: 1Opm C. Growth Management Department/Transportation Engineering and/or Planning — [Jay Ahmad or designee] Ms. Lantz reported: • The Board of County Commissioners approved the design concept for the continuous flow intersection for the Livingston Road/Pine Ridge Road intersection and directed Staff to coordinate with the Florida Department of Transportation on the proposed improvements at the Pine Ridge Road/Whippoorwill intersection and I75/Pine Ridge Road interchange. April 4, 2018 A corridor study is underway for Randall Blvd. and Oil Well Road with apublic meeting scheduled for May 24h. The study for the Randal Blvd./Immokalee Road intersection has been reinitiated. A $13M TIGER Grant was awarded for the Immokalee Complete Streets project for drainage, sidewalk, lighting and a CAT transfer station. D. County Fire Review update — [Shar Hingson and/or Shawn Hanson] Ms. Hingson reported: • Turnaround times are as follows: Building Plan review — 4 days; Site Plan reviews — 3 days; Inspections — 2-3 days. • The Fire Alarm Committee is convening to review any changes required due to changes in the Florida Building Code. E. North Naples Fire Review update — [Dale Fey] Mr. Fey reported turnaround times are as follows: Building Plan review — 6 days; Site Plan reviews — 6 days; Inspections — 1 to 2 days. F. Operations & Regulatory Mgmt. Division update [Ken Kovensky] Mr. Kovensky submitted the "Collier County March 2018 Monthly Statistics" which outlined the building plan and land development review activities. The following was noted during his report: • The volume of permit and related activities continues to increase to near record highs with electronic permitting at 40% of submittals. • Inspections reached 21,000 +/- in March of 2018. • The use of credit cards for transactions continues to increase and staff is looking at any changes required to improve service in this area. • The County is looking to fill vacant planning technician positions with current staff working overtime and being cross trained to address the increased demand for service. The Committee recommended Staff review the layout of the counter service in the main lobby as pedestrian traffic bottlenecks at the entrance to the building. G. Development Review Division update [Matt McLean] Mr. McLean reported activity remains at a high level with 12 subdivision applications being submitted in March accounting for 1,100 new lots. Staffing Report Mr. French provided the report "Growth Management FY2018 Expanded Requests" for information purposes. He provided an overview of the statistical data in the report and noted: • The report outlines the building permit activity in the Division to support a request for 12 additional Staff Members to accommodate the growing demand for services. • The positions include 5 inspectors, 2 building plan reviewers, 1 building plan technician, 1 site plan reviewer, 1 development review technician and 2 Operations & Regulatory Planning technicians. • In addition to the increase in demand for services other Staffing issues include: • The potential for personnel attrition in the Division given many of the employees are reaching retirement age and there is currently a limited skilled labor force in the region capable of fulfilling these vacancies. April 4, 2018 • The Division proposal to assume the permitting and enforcement for Everglades City where a satellite office would continue to be staffed. • Addressing the large numbers of expired building applications/permits in the CityView and CDPlus systems. To help acquire employees the Division is: • Expanding the search are for employees to the northern areas of the country for people possibly interested in a second career and wishing to retire in Florida. • Investigation Florida Gulf Coast and Hodges University's potential to re -instate a construction management program. • Reviewing the feasibility of developing a partnership with the area building industry. • Engaging an efficiency study for operations within the Division. Mr. Mulhere left at 3: 45pm but stated he supported the request by Staff Another concern in the potential for negative impacts of the service on the County's ISO's Code Effectiveness Classification given the increasing number of building inspections being conducted per day. The Division does utilize a software platform which helps develop an inspector's most efficient daily route in an effort to save travel time on roadways. The last Staffing increases occurred two years ago and he requested the Committee provide a recommendation on the proposal as the item will be brought forth to the Board of County Commissioners for consideration. Mr. Waldrop moved to support Staff's proposal to increase the Staffing as proposed in the "Growth Management FY2018 Expanded Requests" report. Second by Mr. Gentry. Carried unanimously 12 — 0. VI. New Business A. Review of DSAC Committee Responsibilities [Bill Varian/Scott Stone] Mr. Stone provided an information packet including Resolution 2006-83 which outlines the requirements for appointments to the Committees, the standards for creating Advisory Boards, information on Collier County Ethics and the Sections of Ordinance 93-76 and 95-60 pertaining to the Development Services Advisory Committee. The following was noted during Committee discussions on the Ordinance: • The Committee can not propose amendments to the Land Development Code however can request the BCC to direct Staff to prepare an amendment, and provide input and recommendations on proposed amendments. • It may be beneficial to update the Ordinance as The term limit requirement restrict a member's service to two consecutive terms (Section 2-1033) which does not align with the operation of the Committee. There is a requirement for a review every 4 years (Section 2-1039) which is not currently undertaken. The need to address other related items such as the requirements for being seated on a defined number of County Advisory Boards. VII. Old Business None April 4, 2018 VIII. Committee Member Comments None IX. Adjourn Next Meeting Dates May 2, 2018 GMD conference Room 610 — 3:00 pm June 6, 2018 GMD conference Room 610 — 3:00 pm July 4, 2018 Cancel "Holiday" — Need to discuss August 1, 2018 GMD conference Room 610 — 3:00 pm September 5, 2018 GMD conference Room 610 — 3:00 pm There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 4:40PM. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Chairman, William Varian These Minutes were approved by the Board/Chairman on as presented , or as amended Response Time - Letters of Availability 160 _. _.. _ _ 14 140 120 100 i so 0 60 40 20 C 17 12 i0] P, Oct -17 Nov -17 Dec -17 Jan -18 Feb -18 Mar -18 � Minimum now Average Maximum Requests Received 4 2 M 25 EM a 15 m 0 10 E I Oct -17 Response Time - Utility Deviations Nov -17 Dec -17 Jan -18 Feb -18 � Received - SIRE Entered � SIRE Entered - Action Requests Received RIS 25 20 16 Y 15 6 W K Mar -18 10 61 9 Response Time - FDEP Permits 45 18 40 - 16 16 35 14 30 12 12 11 11 25 -_ __-- — __ _. __ - __. 10 T � 20 m � p Q v 15.� 6 i 10 ___- - - - -- - - - 4 5 ------�� -- - -- ---- -- --- -- 2 o.0 D iY�� _ 0 Oct -17 Nov -17 Dec -17 Jan -18 Feb -18 Mar -18 Initial Review Time Revision Review Time ® Director Approval Time -- Requests Received Collier County Utilities Standard Manual Table of Revisions Revisions as of 4/26/2015 co er county Fiscal Impact to Item Section Sub -Section / Detail # Revision Summary Developer A cox. Utility Details This detail was revised to remove the notes regarding pavement repairs and instead State Road, Major Road, and reference the Collier County right-of-way handbook to ensure the two sources of None 1 3 -Utility Details G -2A Numbered County Road Plowable information do not conflict. Clarifications of text and labels. Fill Road and Trench Restoration This detail was revised to remove the notes regarding pavement repairs and instead 2 3 - Utility Details G -2B Road and Trench Restoration for reference the Collier County right-of-way handbook to ensure the two sources of None Local Roads information do not conflict. Clarifications of text and labels. Revision to the type of pipe required when vertical pipe separations of less than 18" 3 3 - Utility Details G-3 Pipe Separation Detail exist - changed from allowing ductile iron to only DR14 PVC. Removed references to None concrete encasement. Added a PVC stub out in the concrete valve pad to accommodate for termination of $500 per valve box (on 4 3 - Utility Details G-7 Typical Valve Setting Detail tracer wires(normally used in directional drills). HDD's only) Removed the requirement to install casing pipes, clarified the graphical image to match >-$5,000 (savings) on 5 3 - Utility Details G-8 Typical Horizontal Direction Drill the notes. most drills, depending (HDD) Under a Roadway on size Removed the requirement to install casing pipes, added a warning sign (shown on both >-$5,000 (savings) on 6 3 - Utility Details G-9 Typical Subaqueous Horizontal side of the waterbody now), clarified the depth requirements for the water body crossing. most drills, depending Direction Drill (HDD) on size 7 3 - Utility Details G -9A Subaqueous Water Main Valve Removed the concrete vault from the detail and replaced it with a water meter box for _$2500 (savings) Detail testing/sampling purposes. 8 3F - UtilityDetails G-11 Vehicular Guard Post Detail Addition of a plastic sleeve over the bollard for aesthetic purposes. $250 per bollard Detail previously was for 3" and smaller assemblies, allowing for brass or ductile iron 9 3 - Utility Details W-8 2-1/2" and Smaller Fire System components. Detail was revised to apply to 2.5" and smaller assemblies, allowing only -$250 per assembly Detector Check Assembly Detail (savings) brass (ductile iron is not available in sizes smaller than 3'�. Removed a Wye strainer. Revised detail to apply to 3" and larger assemblies (previously 4" and larger). Removed '$1,500 per assembly 10 3 -Utility Details W-11 3" and Larger Fire System Detector an air release valve, removed a strainer, removed a gate valve, changed from 45 to 90 (savings) Check Assembly Detail degree bends. 11 3 - Utility Details W_12 Typical Short and Long Side Water This detail was modified to accommodate the new detail W-1 2A which was. created to None Service Meter Settin Detail Service Connection Sizing Chart Newly created detail which clarifies meter sizing in relation to service connection piping. None 12 3 - Utility Details W -12A and Notes Revised landscape setback requirements from 1.5' to 3'. Revised the order of components on the above ground assembly (moved the air release 13 3 -Utility Details W-13 3" and Over Potable Water Meter valve after the gate valve), revised the graphical image to match the text (showing a full None Assembly Detail size bypass being installed). 4" and Over Potable -Water Fire Revised the order of components on the above ground assembly (moved the air release 14 3 - Utility Details W-14 and Domestic Meter Assembly valve after the gate valve), revised the graphical image to match the text (showing a full None Detail size bypass being installed). 15 3 - Utility Details yir_14A Maintenance Driveway for Water Removed a non -applicable reference to a former detail None Meters 3" and Larger Standard Irrigation Water Meter Revisions to the above ground meter assemblies including the removal of the back- -$6200 per assembly, 16 3 - Utility Details NP -1 Non -Telemetry Meter Assembly pressure sustaining valve, relocation of the ARV after the gate valve, removed the motor depending on size 3" and Lar er IoDerated butterly valve etc. (savings) Standard Irrigation Water Meter Added a new pressure transmitter, moved the location of the air release valve, removed $2500 per assembly, 17 3 -Utility Details NP -E2 Assembly 3" and Larger - the backpressure sustaining valve, added a flow control valve, misc. electrical revisions. depending on size Telemet co er county Collier County Utilities Standard Manual Table of Revisions Revisions as of 4/26/2018 Item Section Sub -Section / Detail #Revision Summary Fiscal Impact to 18 3 - Utility Details WW -2 Private Force Main Connection to Clarification for delineation of ownership (at the terminus plug valve), added a second Develo er Approx. This revision updated the list of approved coating systems and manufacturers to meet Counly Force Main Detail plug valve at the ROW/CUE line. $1 200 current needs. None 25 Revision to the elevation of the "Pump Off' float, clarification that it is to be set based on 022501 19 3 - Utility Details WW -7 Pump Station Detail - Profile the pump submergence / manufacturer's recommendations. Removed the expansion _$500 (savings) per None 26 fittina on the above mmi inr e. station 20 3 - Utility Details WW -7C Pump Station and Wastewater Changed the type of gate to be used at wastewater pump stations: switched from a None Details roller style to a cantilever style gate to facilitate maintenance and access. $1,500 21 3 - Utility Details V\/W_9 Pump Station Control Panel Relocated the generator receptacle to a stand alone pedestal instead of being attached PVC Pipe and Fittings PVC None 28 Detail to the control panel to ensure accessibility during emergencies. $2,500 22 3 - Utility Details W WA 1 Sewer Clean -Out Detail Paved An electronic marker ball was added to the detail to be consistent with outer clean-out to extend the useful services life of the valve. $250 per valve 29 2 - Technical Areas installations. $100 per clean-out Specifications Added a concrete collar around the clean-out, changed to a double wye after the clean - order to extend the useful services life of the valve. 23 3 - Utility Details WW -16 Double Sewer Clean -Out Detail out instead of a triple wye prior to the clean-out to facilitate County maintenance. $500 per clean-out Specifications cations Clarified delineation of ownership. instead of various approved coating systems- Co er County 2 i ecnnicai Specifications 24 2 - Technical 099723 Concrete Coatings This revision updated the list of approved coating systems and manufacturers to meet Specifications current needs. None 25 2 - Technical 022501 Leakage Tests Clarification on testing requirements for Force Mains Specifications None 26 2 - Technical 330502 HDPE Pipe and Fittings Revision to "mechanical joining. of pipe". Simple clarification / revision. Specifications None 27 2 - Technical Revision to the requirement for ductile iron pipe beneath roadways, replaced with DR -14 Specifications 330503 PVC Pipe and Fittings PVC None 28 2 - Technical 331200 Water Valves and Appurtenances The proposed revision requires to use of stainless steel bolting on water valves in order Specifications to extend the useful services life of the valve. $250 per valve 29 2 - Technical 333313 Wastewater Valves The proposed revision requires to use of'stainless steel bolting on wastewater valves in Specifications order to extend the useful services life of the valve. $250 per valve 30 2 - Technical 034100 Precast Concrete Structures e rucures This revision allows for additional options (polymer concrete) for industry to utilize Specifications cations instead of various approved coating systems- None 31 2 - Technical 333913 Sewer Manholes This revision allows for additional options (polymer concrete) for industry to utilize Specifications instead of various a proved coating systems. None 32 2 -Technical 330504 Ductile Iron Pipe and Fittings Various revisions to the requirement of ductile Iron pipe. These updates were the result p 5 ecifications of the Countyworkingdirectly with indust professionals in order to update the existingNone 2 - Technical Revisions to the requirements for tracer wire. Simple clarification / revision. 33 330523 Horizontal Directional Drilling None Specifications 2 - Technical This section of the USM was deleted in its entirety. The reason far this deletion was due 34 012000 Measurement and Payment to the fact that the section was not applicable to private industry (developer projects) None S ecifications and was not sufficiently detailed or flexible to be used on County/capital projects. 35 2 -Technical 31231fi. Excavation Earth and Rock Removed language regarding payment for rock removal. Specifications None 36 2 - Technical 263213.13 Standby This specification was created to clarify what generators are required at wastewater None gn,,raennc y Diesel Generators (Generators Co er County 2 Collier County Utilities Standard Manual Table of Revisions Revisions as of 4/26/2018 Co er County Fiscal Impact to Item Section Sub -Section l Detail # Revision Summary Developer (Approx.) 2 - Technical This specification was created to clarify what diesel pumps are required at wastewater None (Diesel pumps 37 221336 Standby Diesel Pumps Specifications pump stations. were already required) 38 2 - Technical 331619 Hydrants An additional valve was added to long lead hydrant assemblies to facilitate maintenance $1250 per occurrence S ecifcations and repairs. 39 2 - Technical 022200 Preconstruction Video Revised requirements to indicate DVD's instead of VHS's None S ecifications Design Criteria This document was revised almost in its entirety to be consistent with other requirements throughout the USM, meet current industry standards, and adopt changes necessitated by the utilities department. The document was reorganized to group all 40 1 - Design Criteria N/A Design Criteria .common" requirements in the beginning section, followed by water, irrigation quality Varies water, and wastewater. Revisions to him chloramine and potable demand modeling is prepared, clarifications to peaking factors were made, requirements for clean-out spacing was set, clarifications on lift station landscaping, and other changes. Appendices Appendix A was updated to include the corrected contact information to submit 41 4 - Appendices Appendix A Utilities Deviation Form requests, an option for grease trap deviations was added, and language was clarified. N/A Appendix B was updated to match the utility ordinance with regards to meter sizing and 42 4 -Appendices Appendix B Water Meter Sizing Form also included a clarification regarding upsizing potable water meters to accommodate N/A fire flow. 43 4 - Appendices Appendix D Utilities Conveyance Checklist Appendix D was updated to reflect the current conveyance process and remove items N/A that are no longer required. 44 4 - Appendices Appendix E Vendor and Manufacturer Appendix E was updated to include the correct contact information for submittals. N/A Approval Application Forms Appendix F was revised to update the document and remove companies that are no 45 4 -Appendices Appendix F Approved Products List longer in business, remove Items that are no longer used by the Utilities Department, N/A add additional products, correct errors, etc. Co er County Code Enforcement Division Monthly Report March 22, 2018 — April 21, 2018 Highlights • Cases opened: 743 • Cases closed due to voluntary compliance: 308 • Property inspections: 2452 • Lien searches requested: 1204 Trends This report reflects monthly data from: March 22 thru April 21, 2018 5000 4500 I - Origin of Case 4000 3500 3000 Code Div. Initiated Cases i Complaint Initiated Cases 2500 2000 1500 1000 500 i c 0 2017 2018 This report reflects monthly data from: March 22 thru April 21, 2018 March 22, 2018—April 21, 2018 Code Cases by Category Vehich 19% Site Development 8% sign 4% Vegetation Animals Requirements I1% 4% Right of Way 5% Accessory Use 2% Property Maintenance 16% Snipe signs omitted Land Use 11% Noise 2% Abatement 19% T L Occupational Licensing 1% Parking Enforcement 2% Case Type Common issues associated with Case Type Accessory Use — Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals — Prohibited animals, too many animals, etc. Commercial Shopping carts Land Use — Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement — Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing — Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements — Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. This report reflects monthly data from: March 22 thru April 21, 2018 February 22, 2018 — March 21, 2018 Code Cases by Category Vehicles 22% Site Developr 8% Right Vegetation Animals Requirements _1% Snipe signsamitted Noise 2% Abatement >0% nal Licensing 1% 2% 17% 2% Case Type Common issues associated with Case Type Accessory Use — Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals — Prohibited animals, too many animals, etc. Commercial Shopping carts Land Use — Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement — Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing — Home occupation violations, no business tax receipts, kenneling. etc, Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species -Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements — Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. This report reflects monthly data from: March 22 thru April 21, 2018 January 22, 2018 — February 21, 2018 Code Cases by Category Vegetation Animals Requirements 1% Snipe signs omitted 3% � Accessory Use 3% hides l Land Use 20% — 13% Noise 2% Site Development 8% Signs ' Nuisance Abatement 22% 3% Right of Way Occupational Licensing 4% Property Maintenance Parking Enforcement 1% 13% 3% Case Type Common issues associated with Case Type Accessory Use — Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals — Prohibited animals, too many animals, etc. Commercial Shopping carts Land Use — Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement — Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing — Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements — Tree maintenance, sight distance triangle, tree pruning, land clearing, landfll, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. This report reflects monthly data from: March 22 thru April 21, 2018 Collier County Growth Management Department Mr,1 • "10- To: Development Services Advisory Committee (DSAC) From: Jeremy Frantz, LDC Manager Date: April 25, 2018 Re: DSAC recommendation for LDC Amendments A Development Services Advisory Committee — Land Development Review Subcommittee (DSAC-LDR) meeting was held on April 18, 2018. A regular member of the DSAC also attended the meeting. No recommendations were made by the DSAC-LDR due to a lack of quorum; however, those who were present, including the regular DSAC member, provided comments and suggestions. Below is a summary of each amendment. Many of the changes or information requested by those in attendance are addressed in the attached amendments, which are also available online at: www.colliergov.net/currentldcas. Post -Hurricane Inna LDCAmendments Requiring permanent emergency generators in certain residential developments having large community clubhouses or recreational facilities (LDC section 5.05.17). This amendment establishes new standards for community clubhouses or recreational facilities in residential developments, to aid in the County's emergency response and recovery after an emergency event, such as a tropical storm or hurricane. Requiring an Emergency Environmental Control Plan (EECP) and a permanent emergency generator for assisted living facilities and nursing homes (LDC section 5.05.04). This amendment incorporates the newly State -adopted requirement to have an EECP and a permanent emergency generator for assisted living facilities and nursing homes, in accordance with Rules 58A-5.036 and 59A.-4.1265, Florida Administrative Code (F.A.C.). These Rules were initiated by Governor Scott after Hurricane Irma and have now been adopted into the F.A.C., pursuant to the recent ratification of HB 7028 and HB 7099. Requiring permanent emergency generators at gas station facilities (LDC section 5.05.05). This amendment clarifies the State mandate to install a generator transfer switch at gas stations, and it also introduces the requirement to install a permanent emergency generator. DSAC Page 1 of 32 Collier County Growth Management Department Creating exemptions to certain development standards for gas stations, assisted living facilities, and nursing homes that have permanent emergency generators installed on the property (LDC sections 4.02.01, 4.05.04, 4.06.05, and 10.02.03). This amendment allows exemptions to certain development standards for gas stations, assisted living facilities, and nursing homes that have permanent generators installed on the property for use during periods of extended power outages, such as after a tropical storm or hurricane. Medical Marijuana Dispensaries Allowing medical marijuana dispensaries in the same zoning districts as where pharmacies and drug stores are allowed (LDC sections 1.08.02, 2.03.03, 2.03.04, 2.03.06, 20.03.07, and 5.05.016). This amendment allows medical marijuana dispensaries to become a new permitted land use in the same zoning districts as where pharmacies and drug stores area allowed. Commercial Landscaping Increasing the minimum size of replacement trees within shopping centers (LDC section 4.06.01, 4.06.02, 4.06.03, and 4.06.05). This amendment increases the size of required landscaping trees and modifies the standards at shopping centers that remove mature canopy trees within the vehicular use areas (VUAs) and "Type D" buffers through a landscaping plan change. Recommendations from the DSAC-LDR Subcommittee and DSAC will be provided to the Board of County Commissioners during public hearings. Staff anticipates bringing this forward to the Board before summer of this year. Please contact me if you have any questions. Sincerely, Jeremy Frantz, AICP JeremyFrantz@collier og v.net (239)252-2305 GAL.DC Amendments\Advisory Boards and PubHc Hearings\DSAC\05-02-18\LDCA Memo.docx DSAC Page 2 of 32 Text underlined is new text to be added Land Development Code Amendment Request ORIGIN: Hurricane Irma After -Action Report to the Board of County Commissioners AUTHOR: Zoning Division Staff LDC SECTIONS: 5.05.17 Residential Developments with Clubhouses or Community Center Buildings (New Section) SUMMARY: This amendment establishes new standar&`,`for community clubhouses or recreational facilities in residential developments, to atdm t1:06 -County's emergency response and recovery after an emergency event, such as a tropical 46or" hurricane. DESCRIPTION: At the Board's Work Session on November 7, 1017, Staff presented several regulatory responses to the After -Action Findings regarding the County's Hurricane Inna Response. Regulatory Action #2 suggested establishing a, local ordinance to help address evacuation shelter deficits. This amendment proposes to allow efnbhouses or cotnm}uiity center buildings within private residential developments to be used in4he post event resp'dhjse�and recovery efforts by requiring permanent emergency generators be installed at Heys± facfhties f3fut are at least 10,000 square feet. Existing facilities would also he subject foahese standatls if thealndergo a substantial addition or renovation and are at leasf„1 000 square feet. The epdment also sets forth minimum operating standards. permanety�emergenoy generators ablubhouses or community center buildings. Lastly, at the timeclf generafo mstallz{fion this amendment requires coordination between the property, owner and t4a2Bureauergency Seruices�"Emefgency Management Division to allow the Bureau to consider theuse of tlie,rivate clubhouses or community center buildings for post - emergency response achvlheS as mutually agreed upon in a memorandum of understanding (MOU). The intent of this aruendment ie provide an option for residents to use the facility as a post - disaster point of distelb' on for#plies, such as water, shelf -stable meals, or to deliver tarps. The facility may also be used as a dace for residents to obtain updated emergency information, gain comfort/respite from thehet maintain hygiene, or operate their personal communication devices. Staff anticipates that having a local facility to use in this manner will encourage residents to shelter - in -place (where/when safe) and discourage long-distance evacuations, which (Staff hopes) will decrease the likelihood of motorists needlessly traveling on local roads immediately post -disaster. DSAC-LDR RECOMMENDATION: The DSAC-LDR Subcommittee reviewed the amendment on April 18, 2018. In addition, a regular member of the DSAC was present as well. Lacking a quorum, the subcommittee member(s) who was/were present, including the DSAC member, made the following comments for further review at the regular DSAC meeting: 1 LALDC Amendments\Current Work\Post Irma Update\Community Club Houses\Drafts\Irma Response - Community Clubhouses -4- 25-18 (For DSAC-CCPC).docx DSAC Page 3 of 32 Text underlined is new text to be added • Possible increased cost to homeowners within the community, including those who have already installed their own permanent generator. Staff has acknowledged this potential in the fiscal and operational impacts below. • Expand the generator requirements to include lift stations. Staff notes that the scope of this amendment is limited to Additional recommendations in the Post -Hurricane Ir) stations. • The proposed requirement for permanent governmental overreach. Staff noted that a similar requireme requirement for permanent emergency place since 2006. • Discussion regarding the minin The threshold of 10,000 squa building size to suppal ahe var. • Consider drafiuig a strategic n generators given=fiheir proxnt intent is that the poirits-01 distri Given the prevtviks Board disc& Session mentioned dbove, this DSAC RECOMMENDATION: This meeting on May 2, 2018. FISCAL & OPERATIC residential developments operational impacts to the found in Palm ators at comm& community clubhouses. tion Report address lift was too much of a County, where the houses has been in square feet. estimate of the necessary is that could take place. would plot theme preferred locations for emergency -en schools, parks, and satellite communities. The be e(j able throughout the County. this topic at the November 7, 2017, Work been incorporated in the amendment. is scheduled for review at the regular DSAC %4PACTS: This amendment will result in additional costs to Il an emergency generator. There are no anticipated fiscal or associated with this amendment. GROWTH MANAGEMENT PLAN IMPACT: This amendment supports Goal 12 of the Conservation and Coastal Management Element of the GMP, "to make every reasonable effort to ensure the public safety, health and welfare of people and property form the effects of hurricane storm damage." 1 Amend the LDC as follows: 2 3 4 2 LALDC Amendments\Current Work\Post Irma Update\Community Club Houses\Drafts\Irma Response - Community Clubhouses -4- 25-18 (For DSAC-CCPC).docx DSAC Page 4 of 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Text underlined is new text to be added 5 05.17 — Residential Developments with Clubhouses or Community Center Buildings. A. Purpose and intent. The purpose of this section is to protect the public health safety and welfare and aid in the implementation of the County's emergency response and recovery activities at the community level The requirements are also intended to improve communication to residents before during and after emergency events. The following requirements shall apply to all residential developments with recreational facilities including but not limited to clubhouses or community center buildings. voluntary Memorandum of Understanding (MOU) that allows the County to provide resources for post -storm refuge or staging of resources. # # # # # # # # # # # # # 3 L1LDC Amendments\Current Work\Post Irma Update\Community Club Houses\Drafts\Irma Response - Community Clubhouses - 4- 25-18 (For DSAC-CCPC).docx DSAC Page 5 of 32 Tent underlined is new text to be added Land Development Code Amendment Request ORIGIN: Hurricane Irma After -Action Report to the Board of County Commissioners AUTHOR: Zoning Division Staff LDC SECTION: 5.05.04 Group Housing SUMMARY: This amendment establishes new requirements for nursing homes and assisted living facilities (ALFs), as defined by Chapters 400 and 429. F.S., respectively, to require Emergency Environmental Control Plans (EECP) and in"lation of permanent emergency generators. DESCRIPTION: In September of 2017, GoverndF,Rick Scott issued Emergency Rules after Hurricane Irma caused an extended power outage tira Broward County nursing home, resulting in heat -related deaths to several of its residents A$ethe close of the 2018 legislative session, Senate Bill 7028 ratified Rule 58A-5.036, F.A C entitled "Emergency Environmental Control for Assisted Living Facilities," which is irnplemented%4y. the Department of Elder,Affairs (DOEA). Additionally, HB 7099 ratified Rule 59A.-4.1265 entitled -"Emergency Environmental Control for Nursing Homes," and it is implemented by the Agency for'`> Iealth Care Administration (ACHA). These agency rules require nursing homes and LFs to a cquit�altemative power sources, such as a generator, that ensure sufficient cooling temp eratpres are maintained at 81 degrees Fahrenheit or cooler, during extended poser outages for at least 9"6"Iburs to all the facility's residents. At the Board of Couit 'Commissioners Wgrle Session on November 7, 2017, Staff presented several regulatory resouses to the After -Action findings regarding the County's Hurricane Irma Response. Regulatory Action 41 suggested draffirig an ordinance that expands on-site generator capabilities: to. address coolidj extended generatortmel run times, and comprehensive generator testing for licensed health care facilities. This amendment proposes to,,,ncorporate the requirement to submit an EECP annually to the County in `accordance witli��,Rules 58A-5-036 and 59A.-4.1265 F.A.C., and to support the implementation o£the state requirement. The amendment shall apply to nursing homes and ALFs and, as defined by Chapters 400 and 429 F.S., respectively. Furthermore, the amendment proposes to add the following ' g�dditionahstandards to the State's requirement and assist staffs review to .,. EECPs:. • Identification of the County's primary and secondary evacuation locations. Identification of the finished floor elevation for the first and second floors of all nursing homes and ALFs. Installation of permanent emergency generators. While the DOEA and ACHA requirements call for alternate power sources, this amendment requires the power source to be a permanent emergency generator. The following are required for permanent emergency generators in all nursing homes and ALFs: \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Post Irma Update\NLFs and Nursing Homes\Drafts\Irma Response - Group Housing 5.05.04 4-25-18 (For DSAC-CCPC).docx DSAC Page 6 of 32 Text underlined is new text to be added o Capability of keeping the ambient air temperature at or below 81 degrees Fahrenheit for a minimum of 96 hours in the event of the loss of primary electrical power. o Sufficient fuel supply to ensure compliance with Rules 58A-5.036 F.A.C., and 59A-4.1265 F.A.C., as amended. o Installation, testing, and maintenance shall be in accordance with National Fire Prevention Association (NFPA) 99, Health Cafe Facilities Code and NFPA 110, Standard for Emergency and Standby Poweroms. • Installation of backup power connectivity to in the event of permanent emergency genera • Submittal of the manufacturer's demonstrating the fuel supply needed • Annual third -party testing load, by manufacturer's sp Both rules 58A-5.036 and 59A.-4.1265 F.A.C. amendment. r DSAC-LDR SUBCI14IMITTEE- RECOM reviewed the amendmenkm April 2018. W present made thefollowi geStions and of secondary back-up generator, of the generator and calculations vith DOEA andACHA rules. under in Attachment A of this )ATI09-",1, he DSAC-LDR Subcommittee an objection and lacking a quorum, members .ions for further review at the regular DSAC • Clarify when proposed standards are the same as, or similar to, State law and verify the County is not pre empfed from adopting local regulations related to issues which the State has already adopted coixehensivere gulations. Staff wall prrfde more Zatification fronn the County Attorney's Office when this item is reviewed by the olher xaunty Planning Commission (CCPQ and the DSAC. • Clarify the timefram`when the standards must be met and explain whether and how the County would enforce compliance within the timeframe. Staff noted the proposed amendment does not include a specific timeframe. However, State rules require emergency power plans to be submitted by April 25, 2018, and implemented by June 1, 2018. For those facilities that have requested an extension, implementation may be extended to January 1, 2019. The County's Code Enforcement Division will not inspect for compliance by these dates, but going forward the County's Emergency Management and Public Utilities Divisions will be responsible for inspecting the annual maintenance F \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Post Irma Update\ALFs and Nursing Hames\Drafts\Irma Response - Group Housing 5.05.04 4-25-18 (For DSAC-CCPC).docx DSAC Page 7 of 32 Teat underlined is new text to be added and testing requirements of generators including available fuel. The County's Emergency Management and Public Utilities Divisions is assisting all local nursing homes and ALFs to meet the State's reporting requirements. • It was noted the cost to comply with the new State standard is significant. Staff noted the industry has been aware that they will incur additional costs related to compliance but unaware ofany objections at this time. County staff is working closely with the industry to assist with compliance. DSAC RECOMMENDATION: This amendment is scheduled for review at the regular DSAC meeting on May 2, 2018. FISCAL & OPERATIONAL IMPACTS: In the summary bill analysis for Senate Bill 7028, ALF facility cost to comply was assumed at $1 $106,721 for 50 to 100 beds and for more than ` Regulatory Costs" prepared by ARCA, a one -ti was assumed at $2,627 per bed. The one -tune e: reoccurring operational and maintenance costs. This amendment will result in additii requirements for EECPs, including but testing. fed by DOEA, 'a on, for 6 beds or less; 9 is, $439,000. In the in the bill Regulatory Costs" of ne estimated average ,637 for 7 to 49 beds; atement of Estimated home cost to comply alyses did not include the proposed supplementary connectivity and third -party GROWTH MANAGEMENT PLAN IMPACT: This LDC amendment supports Goal 12 of the Conservation and Coastal Management Element of the GMP which requires the County, "to make every reasonable effort to ensure the publiGsafety, health and welfare of people and property from the effects of hurricane storm damage." It is consistent with Policy 12.1.14, which states: A11,iiew nursing horis and assisted living facilities that are licensed shall have a core area to shelter reszdents aizd;rtaff on site. The core area will be constructed to meet the Public Shelter Design Criteria that are required for new public schools and public community "eplleges and universities ("State Requirements for Educational Facilities t,2014). Additionally, this area shall be capable of ventilation of air con;klo'ning provided by back-up generator for a period of no less than seventy two (J'2) hours. Amend the LDC as follows: 1 2 5.05.04 — Group Housing 3 4 E. Emergency Environmental Control Plans. In accordance with Rules 58A-5.036 and 59A- 5 4.1265 F.A.C. as amended Emergency Environmental Control Plans for assisted living 6 facilities and nursing homes as defined by S& 400 and 429 F.S shall be submitted 7 annually. as a suoolement to its Comnrehensive Emeraencv Mananement Plan to the 3 \\bcc,colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Post Irma tJpdate\A.LFs and Nursing Homes\Drafts\Irma Response - Group Housing 5.05.04 4-25-18 (For DSAC-CCPC).docx DSAC Page 8 of 32 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 # Text underlined is new text to be added Bureau of Emergencv Services-Emergencv Management Division in care of Human Services t The Emergencv Environmental Control Plans shall include the following information in addition to the requirements identified in Rules 58A-5.036 and 59A- 4.1265, F.A.C., as amended: a Primary evacuation locations either within or outside the County, and a secondary location outside of the county. b. Finished floor elevation of the first and second floors of all structures. C. Permanent emergency generator. Assisted living facilities or nursing manufacturer. 2 Emergency Environmental Control Plans shall be reviewed and approved by the Bureau of Emergency Services -Emergency Management Division in care of Human Services. 3 Notification of plan submittal shall be as identified in Rules 58A-5.036 and 59A-4.1265, F.A.C., as amended. 4 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Post Irma Update\ALFs and Nursing Homes\Drafts\Irma Response - Group Housing 5.05.04 4-25-18 (For DSAC-CCPC).docx DSAC Page 9 of 32 Text underlined is new text to be added Land Development Code Amendment Request ORIGIN: Hurricane Irma After -Action Report to the Board of County Commissioners AUTHOR: Growth Management Department, Zoning Division Staff LDC SECTION: 5.05.05 Facilities with Fuel Pumps SUMMARY: This amendment clarifies the requirement to gas station facilities and introduces the requirement to instal DESCRIPTON: At the Board of County Cor Staff presented several regulatory responses to Hurricane Irma Response. Regulatory Action #. requirements for commercial gas stations loc stations located further inland. The recormme permanent on-site generators and operational c Currently, F. S. 526.143, requires nev�lp' capable of operating under an alternate stations to be pre -wired with a generatoi or more gas stations within the County every 10 gas stati of the equipment. This LDC amendment "'i requirements based on the 1) Modifies an 2) Identifies certain: 3) Facilities with a generator underlo, of the equipment;- 4) Exempts certain operating a fleet near the on also a generator transfer switch at ranent emergency generator. iession on November 7, 2017, tidings regarding the County's ehingthe emergency generator tate highway and multi -pump the need for annual testing of renovated gas stations to be These standards require gas s or other entities owning 10 I one portable generator for esting to the periodic testing F.S. 526.143 and includes additional ;s recommended regulatory action. This ion 5.05.05 I.: that requires all facilities with fuel pumps to be pre - t are required to install a permanent emergency generator; emergency generator shall conduct annual testing of the a written statement on the site attesting to the periodic testing ,'such as automotive vehicle dealers (SIC 5511), establishments motor vehicles, and certain establishments that have a written agreement with a public hospital. DSAC-LDR RECOMMENDATION: The DSAC-LDR Subcommittee (Subcommittee) reviewed the amendment on April 18, 2018. In addition, a regular member of the DSAC was present as well. Lacking a quorum, the Subcommittee member(s) who was/were present, including the DSAC member, made the following comments for further review at the regular DSAC meeting: • Consider whether the existing noise abatement requirements are adequate. 1 LALDC Amendments\Current Work\Post Irma Update\Gas Stations\Drafts\Irma Response - Gas Stations 5.05.05 4-25-18 (For DSAC-CCPC).docx DSAC Page 10 of 32 Text underlined is new text to be added TnN str' ethrn n4. 'n n v nt text t.. be d,I. t,d Staff will provide additional information regarding the existing requirements at the DSAC meeting. Verify with the County Attorney's Office that the County is not pre-empted from adopting local regulations regarding issues about which the State has already adopted comprehensive regulations. At the meeting staff noted that while the State's rules regarding generators at gas stations have been in existence for several years, there is little tpsnv enforcement by the State. This ,.. lack of enforcement resulted in many of the gas statid throughout the County failing to open within a timely manner after Hurricane I mu zm going the speed and effectiveness of recovery after the storm. Staff will provide further meeting. • It was noted that the cost to comply with Staff has modified the Fiscal potential costs of compliance. • The amen significant Staff with to Clarify the provision ri mirror the laeuaee in Staff has to at time of the DSAC section below to acknowledge the stations, which may be a hdment requires a generator transfer switch on all facilities efit g tergency generators at any gas station that meets the C'"s&tirtn 5.05.05 L3. Staff also notes that Hurricane Irma of regulation resulted in widespread failure offacilities with line after the storm. This amendment is intended to allow to ensure a more efficient recovery. to substantial renovations. It was suggested that this provision :ate rules. LDC section 5.05.05 1.3. c. accordingly. DSAC RECOMMENDATION: This amendment is scheduled for review at the regular DSAC meeting on May 2, 2018. FISCAL & OPERATIONAL IMPACTS: This amendment will result in additional costs to comply with those requirements that differ from existing State requirements. The amendment will also result in non -conforming facilities with fuel pumps, which may result in additional costs during future renovations. Facilities with fuel pumps are currently inspected by the County, the amendment may result in an increase in staff time during inspections. 2 L:\LDC Amendments\Current Work\Past Irma Update\Gas Stations\Drafts\Irma Response - Gas Stations 5.05.05 4-25-18 (For DSAC-CCPC).docx DSAC Page 11 of 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Text underlined is new text to be added Taxt ctr:kethr ,. gh is .,.... cnt text .o be dela4gd GROWTH MANAGEMENT PLAN IMPACTS: This amendment supports Goal 12 of the Conservation and Coastal Management Element of the GMP which requires the County, "to make every reasonable effort to ensure the public safety, health and welfare of people and property from the effects of hurricane storm damage." Amend the LDC as follows: 5.05.05 — Facilities with Fuel Pumps I. Permanent emergency generators 2. Each facility with fuel pumps wiring in order to provide the case of emergencies: all fuel when: or d. Establishments that ha form apptdued by the FI the puble`fiospital agre means,Qf,power genera may be operated in the e the for at � w � infrastructure and pre - vice to the following in 3 LALDC Amendments\Current Work\Post Irma Update\Gas Stations\Drafts\Irma Response - Gas Stations 5.05.05 4-25-18 (For DSAC-CCPC).docx DSAC Page 12 of 32 Tent underlined is new text to be added Taxi: n1fkethrn lgh seu�eRtn he. deleted Land Development Code Amendment Request ORIGIN: Hurricane Irma After -Action Report to the Board of County Commissioners AUTHOR: Zoning Division Staff LDC SECTIONS: 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts 4.05.04 Parking Space Requirements 4.06.05 General Landscaping Requirements 10.02.03 Requirements for Site DevelopnTent, Site Improvement Plans and Amendments thereof SUMMARY: This amendment creates new exemptions from certain design standards for existing facilities with fuel pumps, assisted living facilities (ALFs), and"','strsing homes that install permanent emergency generators and related fuel storage for an emergeiil yy event. DESCRIPTON: At the Board of County Commi Staff presented several regulatory responses to the Hurricane Irma Response. Regulat6ry- Actions requirements to improve the County's',', 'Covery el LDC amendments require permanent eib*gency, living facilities (ALFs), uursing homes, and facilit This LDC amendment, ants reli minimum setbacks, parking requ existing ALFs, nursing hornCs, an generator.,These reductions ate the abthty t5f existing businesses and otheY,`equipment such#:a sere sound atteiiation reouiremetts in ,sioners ,Work Session on November 7, 2017, After Ac%tln Findings regarding the County's #2 a,,,#3 suggested the creation of new sorts aft e%�n}ergencies. Two other companion tenerators ih 'Certain circumstances at assisted The amendment reduces the I building foundation planting requirements for th fuel pumps that install a permanent emergency cc or"rgmove potential constraints that might limit ators. Other requirements applicable to generators meets in LDC sections 4.06.02 and 5.05.08, and 4.02.01 D.13 are unchanged. Additionally, this amendment a1ktl,expand's the list of items required on a site plan per LDC section 10.02.03 D to ensure that thc4iication of permanent emergency generators and any related equipment is clearly identified o e site plan. DSAC-LDR RECOMMENDATION: The DSAC-LDR Subcominittee (Subcommittee) reviewed the amendment on April 18, 2018. In addition, a regular member of the DSAC was present as well. Lacking a quorum, the Subcommittee member(s) who were present, including the DSAC member, made the following comments for further review at the regular DSAC meeting: • Clarify that the exemptions apply to the permanent emergency generators and related fuel storage. The aniendnient has been updated to clarify the exemption. DSAC RECOMMENDATION: This amendment is scheduled for review at the regular DSAC meeting on May 2, 2018. 1 L:\LDC Amendments\Current Work\Post Irma Update\Exemptions to Development Standards\Irma Response - Exemptions to Development Standards 4-25-18 (For DSAC-CCPC).docx DSAC Page 13 of 32 Text underlined is new text to be added Text 64 kethro gh'n FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts associated with this amendment. GROWTH MANAGEMENT PLAN IMPACTS: There are no anticipated Growth Management Plan impacts associated with this amendment. Amend the LDC as follows: 1 2 4.02.01 — Dimensional Standards for Principal Uses in Base"Zoning Districts 3, 4 D. Exemptions and exclusions from design standards 5 6 13. Permanent emergency generators tray be placed within the rear yard with a 10- 7 foot rear yard setback. Permanent emergency generators may encroach into side 8 yards up to 36 inches. Generators'are not permitted to encroach into required front 9 yards. Above -ground fuel tanks for the generators are subject to the same 10 setbacks; however, underground tanks are not"s6bject to setback requirements. In 11 order to reduce noise during requiredroutf[te exercising of the generators, this 12 exercising is restricted tooperating the generator for no more than 30 minutes 13 weekly during the hours of 9.00 a.m. to 5:06)p �. and shall not exceed sound level ssw 14 limits for Manufacturing and Industrial uses set forth in Ordinance 90-17, the 15 Noise Ordinance, as amended. All"pefmanent emergency generators must be 16 equipped with`sound attenuating housing to reduce noise. 17 a Facilities with. fuel pumps Permanent"'emeroencv generators and related 18 "fuel storami'instalied at existing facilities with fuel pumps may encroach 19 Int6'a y regoiri d side or rear yards provided the encroachment does not 20 create`a�hazerd taoedestrian or vehicular traffic 21 b. Assisted"iiyrnq facilities aru3-tnursing homes Permanent emergency 22 ° generatorsr"and related fuel storage installed at existing assisted living 23 facllitles or nursing homes subject to LDC section 5 05 04 E may encroach 24 into anureguir6 side or rear yards or buffers provided the encroachment 25 does not create a hazard to pedestrian or vehicular traffic 26 # # # # #:'r,,:, # # # # # # # # 27 t 28 4.05.04 — Parking Space Requfir ements 29 30 F. Minimum requirement ' � 31 1. Irrespective of any other requirement of this LDC, each and every separate 32 individual store, office, or other business shall be provided with at least one (1) 33 off-street parking space, unless specific provision is made to the contrary. 34 2 Existing facilities with fuel pumps that meet the off-street parking requirements 35 of LDC section 4.05 04 G. may remove one required off-street parking space to 36 accommodate the installation of a permanent emergency generator and related 37 fuel storage and screening 38 3 Existing assisted living facilities or nursing homes subject to LDC section 5 05 04 39 E that meet the required off-street parking requirements of LDC section 4 05 04 40 G. may remove up to 10 off-street parking spaces to accommodate the 41 installation of a permanent emergency generator and related fuel storage and 42 screening. 2 LALDC Amendments\Current Work\Post Irma Update\Exemptions to Development Standards\Irma Response - Exemptions to Development Standards 4-25-18 (For DSAC-CCPC).docx DSAC Page 14 of 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Text underlined is new text to be added T933 str ,ettsFe gh a Gurrpnt text to he deleted -24. The County Manager or designee may determine the minimum parking requirements for a use which is not specifically referenced below or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. In making such a determination the County Manager or designee may require submission of parking generation studies; evidence of parking ratios applied by other counties and municipalities for the specific use; reserved parking pursuant to section 4.05.05; and other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare. 4.06.05—General Landscaping Requirements C. Building foundation plantings. All commercial�bwldings, residential buildings with 3 or more units, and retail and office uses in Industriahbuildings sha(t"pprovide building foundation plantings in the amount set forth to tabi".06.05.C. and illi7stretion 4.06.05.C. These planting areas shall be located adjacent to building entrance(s)"primary fagades, and/or along fagades facing a street. For projectssubject to,2rghitectural design standards, see LDC sections 5.05.08 E. F. for related provisions 10.02.03 — Requirements foirSite Development, Site Improvement Plans and Amendments thereof D. Site Development Plap !Requirements (SDP). A pre -application meeting shall be conducted by the Cot7raty Manager or designee prior to the submission of any site development plan fgriew. This meeting may be waived by the County Manager or designee upon the request of the applicant. 1. Application. The Administrative Code shall establish the process and submittal requirements for a site development plan. A site development plan application shall include, but not be limited to, the following information in order to illustrate compliance with LDC standards and other State, Federal, and local agency requirements. a. Zoning designation of the subject and adjacent properties. b. Site plan with existing and proposed buildings and structures, including equipment permanent emergency generators and related fuel storage and screening dimensions, heights, setbacks, and separations. Parking, open space, preserves, and other applicable land uses shall be identified on the site plan. 3 LALDC Amendments\Current Work\Post Irma Update\Exemptions to Development Standards\Irma Response - Exemptions to Development Standards 4-25-18 (For DSAC-CCPC).docx DSAC Page 15 of 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Text underlined is new text to be added Teti Rt... ethFe_ ti 8 GtimeRt text tohada.e.,d C. Architectural plans. d. Environmental Data, as applicable. e. Landscape plans. f. Streetlight plans. g. Transportation system, sidewalks, and pathways, including all ADA information. h. Stormwater management plan including all technical specifications and design computations. I. Utility information, including existing and proposed facilities. j. Trash and recycling information. k. Building plans., I. Information from the Fire Code, including Fire Hydrant Flow test report, if applicable. M. Information from the Standard Building, Code, including type of construction, number of stories, total sgyare footage under roof, occupancy/use and fire sprinkler intentions of all proposed structures so that a fire flow may be determined. n. Site construction plans, including all technical specifications and design computations. o. Any additional relevant informafiozr'as may be required by the County Manager or designee. _ # # # # # # # #., , , # # # # 4 LALDC Amendments\Current Work\Post Irma Update\Exemptions to Development Standards\Irma Response - Exemptions to Development Standards 4-25-18 (For DSAC-CCPC).docx DSAC Page 16 of 32 Text underlined is new text to be added. Land Development Code Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Growth Management Department Staff LDC SECTION(S): 1.08.02 Definitions 2.03.03 Commercial Zoning Districts 2.03.04 Industrial Zoning Districts 2.03.06 Planned Unit DevelopmentV fticts 2.03.07 Overlay Zoning Districts 5.05.16 Medical Marijuana Dispensaries (I+7ew Section) SUMMARY: This amendment allows medical rnarljuana dispensaries�-fq become a new permitted land use in the same zoning districts as a pharmacy or a drug store. DESCRIPTION: On December 12,E 2017, the Board of G,_bnaty Commissioners extended a temporary moratorium on Cannabis iipensing businesses.fo June 30, 2018. The extended date was authorized to grant staff enough'netoanalyze andaluate any changes to F.S. 381.986 relative to the medical use of marijuana that .ryas underriisideration by the 2018 Florida legislature. Because the legislative sessiot2 ended wiholxt an amadment, the Board directed staff on March 13, 2018, toub13 vet a land develpprnent eode atifendment to permit medical marijuana dispensing Ea ilities"iMe same zomng tracts as pharmacies and not located within 500 feet of a public cif private eleftentary, midzlle or secondary school. A brief review of the current regulatory framewtl3Jc to m6diical mariluanadispensing facilities, as distinguished from the cultivation and prgcessmg and ez ela cry of medie-41marijuana is provided below to clarify some of the administratiy�1provisrons bf F.S. 981.986. A erwards, the specific changes to the land developtgent code are descnbedf "'` Medical Marijuana Daspenszu2egulaioxy Framework On June 9, 2017, the Flonda islature enacted Senate Bill 8-A to allow the medical use of marijuana to be 'dispensed thgh a state approved Medical Marijuana Treatment Center (MMTC). Only a �WTC is,jjitensed to cultivate, process, transport and dispense medical cannabis. F.S. 381.98& X11),'tes "Regulation of cultivation, processing, and delivery of marijuana by medical mariJutreatment centers is preempted to the state..." The proposed LDC amendment does not addrethe cultivation and processing of medical marijuana use. Per F.S. 381.986 (8.j), "Medical marijuana treatment centers are the sole source from which a qualified patient may legally obtain marijuana." F.S. 381.986 (11) (b.2) states, "A county may determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or department rule for such dispensing facilities located within the unincorporated areas of that county." Additionally, a county may not enact an ordinance for permitting or determining the location of dispensing facilities which is more restrictive than its ordinance for permitting or determining the locations for pharmacies licensed under F.S. 465. Consequently, the County is prohibited from setting limits on medical marijuana dispensing facilities that do not also apply to pharmacies. 1 LALDC Amendments\Advisory Boards and Public Hearings\CCPC\04-30-18\LDC Section 5.05.16 - Permitted Use 4-21-18 DSAC.docx DSAC Page 17 of 32 Text underlined is new text to be added. Number of Licensed MMTCs and Dispensing Facilities: The initial maximum number of statewide licensed dispensing facilities is determined by multiplying the current number of approved MMTCs times 25 dispensaries. As of April 20, 2018, the Florida Department of Health (DOH) has licensed 13 MMTCs, which allows the statewide maximum to be 325 dispensing facilities. Upon reaching the initial 100,000 active registered patient limitation, this number can be increased at the rate of five additional dispensaries for each MMTC currently approved, and similarly thereafter, when there are an additional 100,000 registered qualified patients. The maximum number of dispensing facilities allowed in the quthwest Florida (SWF) region and as administered by the DOH, is determined by calculatingfhe percentage of the SWF region of the total statewide 2016 estimated population and applying that percentage to the total number of dispensaries permitted statewide. The SWF region; comprised of I I "out of the 64 total counties, accounts for 18 percent of the statewide population, resulting in a maximum of 59 licensed dispensaries in the SWF region. It should be noied that a MMTC may sell one or more of its unused dispensing facilities slots to another licensed MMTC at the, reduction of the selling MMTC's maximum statewide number of dispensing facilities. Thrs wduld`allow for an approved MMTC to increase its regional maximum number of dispensing faculties. According to F.S. 381.986 (8) (a.5.d), this method of determining the maximum numb&)6f dispensaries (i.e., the placement of caps on the number of dispensaries) will expire 44-Qpril 1, 2020., As published by the April 20, 2018, the I and registered 100,-` located within the S operated by TrulFeuE The definitic Medical mar provided for statutory law for this 90 ':. e of Mari3>iimY! and in the latest weekly update report, tat of 3q tlispensixiglocations for seven of the MMTCs, There�ie cmrelxtly four licensed dispensing facilities the closest licensed dispensaries to Collier County are Myers and Curaleaf, located in Fort Myers. -onsist of the following: Low -THC Cannabis, Maryuana, Medical Use. These definitions have the same meaning as ley are included to establish a consistent relationship with use facility. Changes to LDC Sectaon,2.�03*03 For the Commercial Districts:.0=2, C-3, C-4, and C-5, a medical marijuana dispensary is treated the same as a pharmacy subject to limitations. Changes to LDC Section 2.03.04 For the Business Park District (BP), a medical marijuana dispensary is one of several secondary uses that are allowed but subject to a maximum of 30 percent of the total district's acreage. This is the same limitation for a pharmacy or drug store. Changes to LDC Section 2.03.06 For the Research and Technology Park PUDs (RTPPUD), a pharmacy is one of several businesses that are non -targeted permissible industries serving as commercial support services to light 2 L1LDC Amendments\Advisory Hoards and Public Hearings\CCPC\04-30-18\LDC Section 5.05.16 - Permitted Use 4-21-18 DSAC.docx DSAC Page 18 of 32 Text underlined is new text to be added. Text smnccmmoyh vcurrent 'voav+rnwT industrial uses. The development of these uses, including a medical marijuana dispensary, are limited up to 20 percent of the total research and technology park's acreage. A new LDC section 2.03.06 I, is added to identify a medical marijuana dispensary would be allowed within a previously approved PUD, when such PUD includes SIC 5912, drug store, pharmacy, or listing any of the following zoning districts: C-2, C-3, C-4, C-5, BP, or RTPPUD. Changes to LDC Section 2.03.07 Medical marijuana dispensaries are added to those Overlay Zoning Districts where a drug store is specifically fisted as a permitted use. They are the Santa Ba azd Commercial Overlay (SBCO) and Golden Gate Downtown Center Commercial Overlay (fi%))CCO) districts. New LDC section 5.05.16 All medical marijuana dispensaries are subject consists of the following: new LDC section which A purpose and intent section. This section establishes that the change will provide consistency and compatibility, with the neet fo medical use of marijuana at a medical marijuana dispensary. A separation distance section. Per section341 986 (1ljF.S., the amendment affirms the statutory minimum separation betacen sclic3o and a IvlIkpC dispensary at 500 feet. It describes how tkte ilist ace shall be measled, consistent vith LDC Section 5.05.01- Businesses Sewing Alcoholic Beverages A; lause'W, vided to clarify the construction p of a school aft theissuan6b of a develop"bnt order would not cause a medical marijuana dispensary to become anon `conforming C. A signage seefion Per section 381.986 (8 h)) . there are certain limitations to advertising and signage such as: "(h) A medical rijuand Treatment center may not engage in advertising that is visible to members of publicfrom any street, sidewalk, park, or other public place, excgpt.• 1 e dispensing;Zocation of a medical marijuana treatment center may have a sigifiis affixrT o the outside or hanging in the window of the premises which identii'c e dZ asary by the licensee's business name, a department -approved trade name;oaa department -approved logo. A medical marijuana treatment center's trade name and logo may not contain wording or images commonly associated with marketing targeted toward children or which promote recreational use of marijuana...... This specific provision is included in the amendment. • A security measures and design section. When dispensing marijuana or a marijuana delivery device, there are various operational security and safety requirements mandated in Section 381.986 (8.f) F.S. that apply to a medical marijuana dispensary. Staff integrated some of the requirements related to indoor design and security measures, outdoor lighting, and the handling or dispensing of medical marijuana and a delivery device. 3 L1LDC Amendments\Advisory Boards and Public Hearings\CCPC\04-30-18\LDC Section 5.05.16 - Permitted Use 4-21-18 DSAC.docx DSAC Page 19 of 32 Text underlined is new text to be added. Te )A stilkethre gh S .._Rt le)d to tiP. aAWtRa In general, the statutory requirements relative to the amendment are: "69 To ensure the safety and security of premises where the cultivation, processing, storing, or dispensing of marijuana occurs, and to maintain adequate controls against the diversion, theft, and loss of inaryuana or marijuana delivery devices, a medical marijuana treatment center shall:... 2. Ensure that the medical marijuana treatineni center's outdoor premises have sufficient lighting from dusk until dawn. 3. Ensure that the indoor premises where,,�clispensing occurs includes a waiting area with sufficient space and seating td .accommodate qualified patients and caregivers and at least one private consultati6h area that is isolated from the waiting area and area where dispensing occurs. A medical marijuana treatment center may not display produc#s or" dispense marijuanaor marijuana delivery devices in the waiting area. 4. Not dispense frons its premises°marijuana or a marijuana delivery device between the hours of9p.m. and 7 a:m `burnay perform all other, operations and deliver marijuana Each dispensing facility and activity at the dispensary is li transaction waiting are The for golf within patients 241(diirs a day...... be authorized by the DOH. The retail sale patients or authorized caregivers. The sale designated area that is separate from the during night time operations is an objective of the county's o reduce light pollution and maintain adequate visibility of quiring the outdgoi lighting system to be directed downward ght trespass""" glare, the provision would ensure there is no -ovision is located in LDC section 5.05.15 H. lighting design versions. This provision is intended to address implementation .S. 381.986 (8.f.2). Additionally,, staff is recommending another security measure as suggested by the cultivation manager at'Ilrowth Healthy Medical Marijuana Treatment Center, that the dispensary's transp _ slivery vehicle be located within a garage or enclosed structure when not in use for delivery. This provision would restrict the potential for night time criminal activity. There are three prohibitions recommended by staff that serve to deter crime, limit the potential for the illicit sale of marijuana, and reduce the potential risk of driver intoxication. They are: o The dispensing of marijuana pick-up at curbside, take-out by window, drive-in or drive-through facility, or other similar outdoor transaction facilities. This provision follows other Florida communities such as Sarasota County, Town of Palm Beach, Maitland, Mount Dora, Altamonte Springs, Ocala, Plantation, and Ft. Lauderdale. 4 LALDC Amendments\Advisory Boards and Public Hearings\CCPC\04-30-18\LDC Section 5.05.16 - Permitted Use 4-21-18 DSAC.docx DSAC Page 20 of 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Text underlined is new text to be added. Text -strn(ethr ugh s currentoa.. deleted o The display of medical marijuana products or marijuana delivery devices within the waiting and entry area. This provision incorporates F.S. 381.986 (8) (£3) excerpted above. o The dispensing of marijuana or marijuana delivery device between 9:00 p.m. and 7: a.m. This provision incorporates F.S. 381.986 (8) (f3) excerpted above. DSAC-LDR SUBCOMMITTEE RECOMMENDATION: The DSAC-LDR Subcommittee reviewed the amendment on April 18, 2018, lacking a quorum, members present made the following suggestions for further review at the regular DSAC meeting: • Clarify standards related to statutory law from�'st dards recommended by local government. • Address the type of adequate lighting lenses,,such a £x111 cutoff or semi -cutoff. • Include a cross reference to the County'g,SrgrS`Code • Regarding a requirement that a transpo delivery vehrcle b parked in a garage or fully enclosed structure, there was no con�us. Some members found it to be a favorable deterrence to criminal activity duriQ6ght time deliveries while others were opposed because drug stores and a pharmacy d(,:r ave *§ame standard:`; DSAC RECOMMENDATION: meeting on May 2, 2018. FISCAL & OPERATIONAL IMP associated with this ameozi$ienL-., GROWTH MANA associated with this 1.08.02 Definitions dispensary. is s�led for review at the regular DSAC fiscal or operational impacts IMPACT:�here are no Growth Management Plan impacts Marijuana: Has the same meanina as in F.S. 381.986: all parts of anv plant of the aenus Cannabis whether growing or not the seeds thereof; the resin extracted from any Dart of the plant and every compound manufacture salt derivative, mixture or preparation of the plant or its seeds or resin including low -THC cannabis which are dispensed from a medical marijuana dispensary for medical use by a qualified patient. Medical marijuana dispensary: A dispensing facility of a medical marijuana treatment center, which is licensed in accordance with F.S. 381.986. 5 L:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\04-30-18\LDC Section 5.05.16 - Permitted Use 4-21-18 DSAC.docx DSAC Page 21 of 32 Text underlined is new text to be added 1 Medical use: Has the same meaning as in F.S. 381.986; the acquisition possession 2 use, delivery, transfer, or administration of marijuana authorized by a physician certification The 3 term does not include: 4 1. Possession, use or administration of marijuana that was not purchased or 5 acquired from a medical marijuana dispensary. 6 2. Possession use or administration of marijuana in a form for smoking in the form 7 of commercially produced food items other than edibles or of mariivana seeds or 8 flower, except for flower in a sealed tamper -proof receptacle for vaping 9 3. Use or administration of any form or amount of marijuana in a manner that is 10 inconsistent with the qualified physician's directions or physician certification 11 4. Transfer of marijuana to a person other than the qualified patient for whom it was 12 authorized or the qualified patient's caregiver on behalf of the qualified patient 13 5. Use or administration of marijuana in the fallowing locations: 14 a. On any form of public transportat on exceptior Low -THC cannabis 15 b. In any public place excelD r , ow -THC cannabis 16 c In a qualified patients pta6d'&employment except when permitted by his 17 or her employer. 18 d. In a state correctional instit[�tion as defined in F.S 944.02 or a 19 correctional institution as defined in F.S. 944.241. 20 e. On the grounds of a preschoolprifYi school or second ry school 21 except as providedin F.S. 1006.062:" 22 f. In a school bus, a vehicle an ajrcrafCor a motorboat except for Low - 23 THC cannabis. 24 # # # # # At #'## # # # # 25 26 2.03.03 Commercial ,Zoning�Districts 27 28 B. Commercial Convenience District (C-2 29 30 1. The followinduses, as identified with;anumber from the Standard Industrial 31 Classtikation Manual (1987) oras olierwise provided for within this section are 32 permissible by right, or. as accessory or conditional uses within the C-2 33 commercial co0venietce,district. 34 a. Permitted uses. 35 36 46 Medical marijuana dispensary with 1,800 square feet or less gross 37 floor area and subject to LDC section 5.05 16. 38 ""Renumber remaining uses** 39 mediate District (C-3). 40 C. Commercial Inter 41 42 1. The following uses, as identified with a number from the Standard Industrial 43 Classification Manual (1987), or as otherwise provided for within this section are 44 permissible by right, or as accessory or conditional uses within the commercial 45 intermediate district (C-3). 46 a. Permitted uses. 47 48 57. Medical marijuana dispensary, subject to LDC section 5,05.16. 49 **Renumber remaining uses** 50 51 D. General Commercial District (C-4). 52 6 LALDC Amendments\Advisory Boards and Public Hearings\CCPC\04-30-18\LDC Section 5.05.16 - Permitted Use 4-21-18 DSAC.docx DSAC Page 22 of 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 E. E3 Text underlined is new text to be added. Text stem i(ethro gh IS BY FF8RttR3dtA AP ( OM 1. The following uses, as defined with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section are permissible by right, or as accessory or conditional uses within the general commercial district (C-4). a. Permitted uses. 86 Medical marijuana dispensary, subject to LDC section 5.05.16. "renumber remaining uses"" Heavy Commercial District (C-5). 1. The following uses, as identified with a numberfrom the Standard Industrial Classification Manual (1987), or as otherWise provided for within this section are permissible by right, or as accessory�or eonditioiial.uses within the heavy commercial district (C-5).- a. Permitted uses, r "renumber remaining uses"s, # # # # #,: # # # # # # # 2.03.04 Industrial Zoning Districts B. Business Park District (BP). 1. The foll'b",ip iiseSi as are oerhAt ed as of uses, or ar " RTPPUD r Or Regulation b - `Pet 4.07.02 and r Dei the Accounting 8721, 7521,7231,7241 4. enfified with"n the laft edition of the Standard lanual, tos otherwise, --provided for within this section, or as u accessory to permitted primary or secondary Islas withi -,,,,--e business park district. ary uses accessory to the business park district. nited to a�Maximum of 30 percent of the total acreage of district for the following uses: is (5912, limited to drug stores and pharmacies) in n with health services group and medical ;s/research/rehabilitative groups..—; and medical # # # # # # # # # # 2.03.06 Planned Unit Development Districts D. The following are permissible uses in the Research and Technoloov Park PUD: Identified Use Special Notes RTPPUD Or Regulation Accessory uses and structures 4.07.02 and P 5.03.00 Accounting 8721, 7521,7231,7241 NT Administrative offices P 2 ircraft & Parts 3721-3728 T viation/Aeros ace Industries 7 LALDC Amendments\Advisory Boards and Public Hearings\CCPC\04-30-18\LDC Section 5.05.16 - Permitted Use 4-21-18 DSAC.doex DSAC Page 23 of 32 Text underlined is new text to be added. TM automatic teller machine P utomobile service station 45.05.05 NT Banks and financial establishments Group 16011-6062 Group 116081-6173 NT NT Bar or cocktail lounge Barber Shops 7241 NT Beauty Shops 7231 NT Boats: Boat ramps and dockage (not marinas) Boat rental Boat repair and service Boat sales 5.03.06 NT _NT Broadcast studio, commercial radio and television,- : , T Business services 7311-7352, 7359-7389 NT Cable and other pay television services 4841,"'_'-""""" T Call Center and Customer Support Activities " "` T Car wash NT CD-ROM development T Clothing stores, generalI e NT ommunication groups 4812-4841 T ommunication towers:,. 75 feet or less in height More than 75 feet in hei"ht 5.05.09 P P Cu omputer and data processing services, Cornpurlated services, not elsewhere classified. T onsum tion on premises NT onvenience food and beverage store;,, ; NT Day care center; adult & and"child services:`. P/NT Data andAn'formatiorn brocessirr . T Development testing and related manufacturing T Drive-through facility for an Permitted use P Drugs, Medie((re 2833-2836 T Drugstore, ph4ffiiaoy 5912 NT Dwelling unit �. Single-family, duplex= Two-family attached Townhouse, multiple-farnil"uilding P P P Educational, scientific and research organizations T Engineering 0781, 8711-8713, 8748 NT Export based laboratory research or testing activities T Fences, walls 5.03.02 P Food and beverage service, limited NT Food stores 5411-5499 NT Gasoline dispensing system, special NT General Merchandise 5331-5399 NT General Contractors 1521-1542 NT ift and souvenir shopNT Hardware store 5251I NT 8 LALDC Amendments\Advisory Boards and Public Hearings\CCPC\04-30-18\LDC Section 5.05.16 - Permitted Use 4-21-18 DSAC.docx DSAC Page 24 of 32 Text underlined is new text to be added. Health care facilities: 8011-8049 8051-8099 NT NT Health Technologies T Heliport or hellstop P Hobby, toy and game shops NT Hotel/motel: 7011, 7021, 7041 NT Housing units for employees only 5.05.03 P Insurance companies 6311-6399, 6411 NT Information Technologies T Laboratories 5047, 5048, 5049, 8071, 8731, 8734 T Laundry or dry cleaning NT Legal Offices 8111'`::. NT MANUFACTURING OF: 1. Electronics 3612-3699 T 2. Measuring, analyzing & Controlling instrume- 3812-3873 T 3. Novelties, jewelry, toys and signs NT Management 8741-8743, 8748 NT Medical Laboratory 8071, 8072, 8093,.8093 T Medical marijuana dispensary5.05.16 NT Membership Or anization 8611-8699 NT Motion picture production studio 7812 7819 -1 --NT Multimedia activities T Parks P Parking lot: Accessory Garage, public parkin P P Personal sertta e,5,7211 7295. .. NT Pharmac NT Photo finiSfing laboratb _ T Photographic Studios 7229 ?x, NT Physical Fithbss 7991 NT Play Ground , - P Printin and ublislan 2752 T Production faciliti se and o erations/technolo based T Professional Office r „ NT Research, development,�al3otsfories & Technology Parks: 8071, 731, 8734 See Note (3) P II others P Residential Development including care units, family care facilities nd group care facilities P Residential accessory uses NT Restaurant, fast food NT Restaurants 5812-5813 NT Schools: Commercial 8243-8299 NT Security & Commodity Brokers 6211-6289 NT Self-service fuel pumps NT ins in accordance with 5.06.00 § 5.06.00 P 9 LALDC Amendments\Advisory Boards and Public Hearings\CCPC\04-30-18\LDC Section 5.05.16 - Permitted Use 4-21-18 DSAC.docx DSAC Page 25 of 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Text underlined is new text to be added. Storage: Indoor only P Studios NT Telephone communications 4813 T Travel Agency 4724 NT Legend: (-) not permitted, (P) permitted, (CU) conditional use (T) target industry [RTPPUD only], (NT) non -target industry [RTPPUD only] Notes: (1) Subject to limitations for commercial uses set forthiin LDC subsection 2.03.03 C. of 4Hi�l PQ (2) Accessory uses only (3) Subject to ordinance 02-24 (GMP amendment). 2.03.07 Overlay Zoning Districts H. Santa Barbara Commercial Overl*D abutting the east side of Santa Bar' S.W., as referd'r e in the Santa Barb Golden Gate Area Master Plan. This is * * * * * * 6. The following uses. as identifie are permitted as of right, or uses, or are. conditional.: USE District. SBCO). Special conditions for properties e�7ar�ad the west side of 55th Terrace iinmercla('Subdistrict Map (Map 7) of the anced as figure 2.03.07 H. below. in the latest edition of the Standard otherwise provided for within this section, accessory to permitted primary or secondary ie Santa Barbara Commercial Overlay * * * * * * * * * * * k * ,**Renumber remaining uses** O. Golden Gate Dow'6town Center Commercial Overlay District (GGDCCO). Special conditions for properties in the vicinity of Golden Gate Parkway in Golden Gate City, as identified on the Golden Gate Downtown Center Commercial Subdistrict Map of the Golden Gate Area Master Plan and as contained herein. 4. Permitted uses. C. Commercial uses: * * * k * * * * * * * * * 48. Medical marijuana dispensary limited to 5.000 square feet per floor and subject to LDC section 5.05.16. **Renumber remaining uses** # # # # # # # # # # # # # 10 LALDC Amendments\Advisory Boards and Public Hearings\CCPC\04-30-18\LDC Section 5.05.16 - Permitted Use 4-21-18 DSAC.docx DSAC Page 26 of 32 1 2 3 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Text underlined is new text to be added. Text stF ..t4.... gh is current fest to 4.e da pAAd 5.05.16 Medical Marijuana Dispensaries. A Purpose and Intent The purpose of this section is to provide for the compatibility of medical marijuana dispensaries with surrounding uses and to protect the health safety, and welfare of the general public by adherence to Section 381.986 F.S. B. Separation Distances. 1 A medical marijuana dispensary shall not be located within 500 feet of the real Property that comprises a public or private elementary, middle or secondary school. The distance of 500 feet shall be measured as the shortest distance 11 LALDC Amendments\Advisory Boards and Public Hearings\CCPC\04-30-18\LDC Section 5.05.16 - Permitted Use 4-21-18 DSAC.docx DSAC Page 27 of 32 Text underlined is new text to be added Text. n....,..'..t6.., gh . a..........adeleted ed Land Development Code Amendment Request ORIGIN: Board of County Commissioners AUTHOR: Zoning Division Staff LDC SECTIONS: 4.06.01 Generally 4.06.02 Buffer Requirements 4.06.03 Landscaping Requirements for Way 4.06.05 General Landscaping Requien SUMMARY: This amendment increases the standards at shopping centers that remove r (VUAs) and "Type D" buffers through a land DESCRIPTION: Board Direction: Over several years, residents have p surrounding residential neighborhoc centers and replaced with the LDC's On January 23, 201$r'Zpning regarding landscaping,changes ir the perceived impacts °dud 'to the Board directed staff to draft LDC plans whilealso ensuring any ch Existing stdndards: When trees`'ie�replaced in the trees are required to meet the sar developments. Tlie minimum tr installation are. • Height: 10 feet, '- • Caliper: 1 a/4 inches, and • Canopy spread: four feet. the that anopy trees plan change. Use Areas and Rights -of - trees and modifies the the vehicular use areas perceived aesthetic impacts on s are removed from shopping ;d`to the Board background information potentiALDC changes that could mitigate trees on the surrounding community. The t the ability to change existing landscaping favorable tree canopy and an aesthetically ks of="Type D" buffers at stropping centers, the replacement nimmum standards for landscaping material required for new height, caliper, and canopy spread required at the time of Additionally, for buildings that are a minimum of 20,000 square feet, LDC section 4.06.03 B.9 requires that trees in the VUAs be a minimum of: • Height: 14 to 16 feet, • Caliper: three to four inches, • Canopy spread: six to eight feet, and • Clear trunk height: six feet high. 1 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Commercial Landscaping\Draft\Commercial Landscaping Amendment 4-19-18.docx DSAC Page 28 of 32 Text underlined is new text to be added Proposed changes: The proposed new standards for shopping centers when replacing non -palm species trees through a landscaping plan change are as follows: • A new table to determine the minimum size of replacement trees is provided. The replacement trees shall have a caliper of approximately 50 percent of the removed tree(s) within the VUAs and "Type D" buffers. o The new minimum sizes for replacement trees maybe satisfied by providing either a single tree or a combination of multiple smaller trees, which would provide the equivalent total caliper inches. • New tree spacing standards within "Type D" center buildings and wall signage. This new Allow an increase to tree spacing limited situations, per new LDC Si Require three trees on both srdes o! D" buffer to have a minimum ofa • Slash pine and bald cypress trees shall b to existing landscape plans within the ineffectiveness to provide a irrigated. • Adds to the landscaping plan to facilitate • Lastly, the s These changes are surrounding neighl trees. DSAC-LDR, REC( reviewed the amepdr present as well Lai the DSAC member, ft' • Reach out to architects for MW better visibility to shopping \ 4.06.03 D.3. 60 foot on center not crown spread. to 60 feet on -center in within the "Type landscape plans and changes D" buffeY� area due to their Ih in areas of a site that are de the caliper of existing trees in LDC section 4.06.02. to balance the aMetical value �of mature canopy trees with the and property ownefs with the need to redesign and update the The stamdards are iddrided to provide options for compliance, and in alternative` laemg trees or maintaining the existing mature vlENJ)ATION ��The DSAC-LDR Subcommittee (Subcommittee) on Aril 18, 2618. to addition, a regular member of the DSAC was quorum, the Subcommittee member(s) who was/were present, including the folltlwing comments for further review at the regular DSAC meeting: per'.6wners and managers of shopping centers and more landscape 481& "input on the proposed amendment. Staff will send out an additional informational email detailing the components of the proposed LDC change and specifically askfor feedback from landscape architects, as well as shopping center owners and property managers. • Consider the financial impacts and added costs to purchase and install larger replacement trees within the VUA and "Type D" buffer in shopping centers. The fiscal impact section within the narrative has been updated to acknowledge a fiscal impact to shopping center developers and property owners. 2 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Commercial Landscaping\Draft\Commercial Landscaping Amendment 4-19-1 a.docx DSAC Page 29 of 32 Text underlined is new text to be added The narrative indicates residents have petitioned the Board based on the impacts to surrounding neighborhoods when a shopping center removes mature canopy trees and replaced with the code minimum tree size. Specifically, as indicated in the narrative, what are the impacts? Staff has modified the narrative to more clearly describe that the suggested aesthetic impacts to the surrounding community. The replacement tree standards within Table 4. challenges of installing trees larger than the code island. There is a provision that allows for caliper size equates to the minimum the Subcommittee meeting. Mature canopy trees often block a light poles located within the lands property owner. Removing matut requirements helps avoid substanti the parking lot. Are there any requirement, such as A variance or .a., may present significant within an existing landscape zed trees, so long as the combined This provision was not discussed at a€ light when older sites have their island pdtehtially raising safetyconcerns by the and rept"Lcing with the existing code minimum associated With relocating the light poles within "that will avow for an exemption from this There is nothing proposed at this time a,"," empt such"circumstances. However, PUD's are able to seek tz deviation from the landscaping provisions within the LDC. DSAC RECOMMENTDATTON.'This amendment -;scheduled for review at the regular DSAC meeting on May 2, 2O1$. FISCAL & OPERATIONAL IMPACTS: The amendment will increase costs to shopping center owners when updating landsc�iomgplans 'b virtue of replacing non -palm tree species with trees that are larger than the existing'iiinimum tree planting requirements of the LDC GROWTH MANAGEMENT;YLAN IMPACT: Forthcoming. Amend the LDC as 4.06.01 Generally E. Landscaping Plans Required. 1. Landscape summary. A landscape summary in matrix form which shall include: a. Graphic symbol to indicate each type of plant material. b. Botanical name. C. Common name. d. Total number of each type of plant material. e. Height and spread of each type of plant material. f. Spacing of each type of plant material. 3 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Commercial Landscaping\Draft\Commercial Landscaping Amendment 4-19-1 S.docx DSAC Page 30 of 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Text underlined is new text to be added q. In accordance with LDC section 4.06.03 D. caliper of existing and replacement trees for shopping centers when replacing non -palm tree species within the vehicular use areas and Type D landscape buffers through a landscaping plan change. # # # # # # # # # # # # # 4.06.02 Buffer Requirements C. Types of buffers. Within a required buffer strip, the fol used based on the matrix in table 2.4. (See Figure 4.( 4. Type D Buffer: A landscape buffer shall beret way external to the development project atid s roads internal to a commercial develuprrient. consistent with the provisions of the oIlier Cc 1 types of buffers shall be C-1) ired adjacent to any road right-of- iaent to any primary access litliagdscape buffer shall be my Streetscape Master Plan, which is incorporated by ref r, -" e in. The minimunfvividth of the perimeter landscape buffer shall vary accoYdfng to the ultimate widlt of the abutting right- of-way. Where the ultimatewidth of e right-pf way is zero l"9 feet, the corresponding landscape buffer shafineasuYe` the ultimate width of the night -of -way "'00"6f, r landscape buffer shall mere at least 15Efeet acres or more and devejopmentSwithin an aci' perimeter landscape buffaf atleas20 feet is the right of.way. Activity center right=oway but be applicable to 'roadways Inal to deufi� a frees shall be spaced rriorthan 3t) Huffer abutting;a right of r primary itleastten feel iri width. Where lore feet, the corresponding in width. Developments of 15 ,jty center shall provide a width regardless of the width of er,ldth requirements shall not on center in the landscape sss road internal to a 4.06 03 Lai dscaping Regnii aments 6r, Vehicular Use Areas and Rights -of -Way Existing tree (DBH) Required minimum caliper for replacement tree 9 to 10 inches 5 inches 11 to 12 inches 6 inches 13 to 14 inches 7 inches 15 inches and above 8 inches 4 \\bcc.calliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Commercial Landscaping\Draft\Commercial Landscaping Amendment 4-19-1 S.docx DSAC Page 31 of 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Text underlined is new text to be added n....................y.. .. ....rr..n. ..,,.t te he deleted .tea 3 To provide additional visibility into shopping centers the required trees within Type D buffers may be spaced no more than 60 feet on center and shall have at least three consecutive trees spaced no more than 30 feet on center with at least a 30 -foot crown spread on both sides of any spacing greater than 30 feet # # # # # # # # # # # # 4.06.05—General Landscaping Requirements D. Plant Material Standards 2. Trees and palms. All required new it average mature spread or crown of, area and having trunk(s) which can I feet of clear wood. Trees adtacenac shall be maintained in a clean coodil having an average mature spread by grouping the same so as to creat code -required trees, the trees at the gallon, ten feet in height, Ina q a 1'/4. and a four -foot spread. a. A grouping of three palm fr& Exceptions will be made for f sralms mayxpe suostitute with the following except substituted,by palms (or use ardaand within eacl buffer. Palrris must have b. Altnewtrees,.ncluding`I mature „height of 15 feet dlurdtzaf trees , shall be species having an gear than 20 feet in the Collier County e maintained in a clean condition over five walkways, bike paths and rights-of-way on over eight feet of clear wood. Trees crown less.than 20 feet may be substituted the equi f il`ent of 20 -foot 6 spread. For imfeO4uistallation shall be a�minimum of 25 nch cipher (at 12 inches above the ground) will be the equivalent of one canopy tree. O"tonea spp. ,and Phoenix spp. (not ill cout ne palm for one canopy tree. ip to 36t ent of required canopy trees No more than 30% of canopy trees may be equivalent) within the interior of a vehicular dual Type D road right-of-way landscape iinum of 10 feet of clear trunk at planting. ,shall be of a species having an average 5 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Commercial Landscaping\Draft\Commercial Landscaping Amendment 4-19-18.docx DSAC Page 32 of 32 2018 IMPACT FEE INDEXING COMPARISON SCHOOLS, GOVERNMENT BUILDINGS, LAW ENFORCEMENT, LIBRARIES, EMS AND PARKS IMPACT FEES IMPACT FEE SINGLE FAMILY DETACHED 2,000 Sq. Ft. Living Area OFFICE 10,000 Sq. Ft. PROPOSED DIFFERENCE CURRENT PROPOSED DIFFERENCE Parks - Community $933.83 $986.12 $52.29 Parks - Regional $2,694.32 $2,920.64 $226.32 School $8,789.54 $9,079.59 $290.05 Road $7,443.99 $7,443.99 $0.00 Jail $499.19 $499.19 $0.00 Library $336.05 $345.80 $9.75 EMS $142.07 $146.62 $4.55 Government Buildings $934.34 $966.11 $31.77 Law Enforcement $586.95 $602.80 $15.85 Water- 3/4" Meter $2,562.00 $2,562.00 $0.00 Sewer - 3/4" Meter 12,701.00 $2,701.00 $0.00 TOTAL $27,623.28 $28,253.86 $630.58 OVERALL % INCREASE IMPACT FEE RETAIL 10,000 Sq. Ft. OFFICE 10,000 Sq. Ft. PROPOSED DIFFERENCE $455.20 CURRENT PROPOSED DIFFERENCE Road $102,488.80 $102,488.80 $0.00 Jail $3,282.00 $3,282.00 $0.00 EMS $934.00 $963.89 $29.89 Government Buildings $6,195.10 $6,405.73 $210.63 Law Enforcement $3,715.70 $3,816.02 $100.32 Water- 1" Meter $4,278.00 $4,278.00 $0.00 Sewer - 1 " Meter $4.510.00 $4,510.00 0.00 TOTAL $125,403.60 $1255744.45 $340.85 OVERALL % INCREASE OVERALL% INCREASE 0.27% CONDO AND SINGLE FAMILY ATTACHED RETAIL 10,000 Sq. Ft. CURRENT PROPOSED DIFFERENCE $455.20 $480.69 $25.49 $1,230.24 $1,333.58 $103.34 $2,844.19 $2,938.05 $93.86 $4,844.91 $4,844.91 $0.00 $259.25 $259.25 $0.00 $159.78 $164.41 $4.63 $67.50 $69.66 $2.16 $443.94 $459.03 $15.09 $296.56 $304.57 $8.01 $2,562.00 $2,562.00 $0.00 $2,701.00 $2.701.00 $0.00 $15,864.57 $16,117.15 $252.58 OVERALL % INCREASE 1.59% GENERAL INDUSTRIAL 10,000 Sq.Ft. RETAIL 10,000 Sq. Ft. CURRENT CURRENT PROPOSED DIFFERENCE $106,764.00 $106,764.00 $0.00 $6,757.10 $4,565.84 -$2,191.26 $1,923.00 $1,984.54 $61.54 $12,754.70 $13,188.36 $433.66 $7,649.99 $7,856.54 $206.55 $4,278.00 $4,278.00 $0.00 $4,510.00$4.510.00 $73,978.70 $0.00 $144,636.79 $143,147.28 -$1,489.51 OVERALL % INCREASE -1.03% GENERAL INDUSTRIAL 10,000 Sq.Ft. CURRENT PROPOSED DIFFERENCE $56,999.50 $56,999.50 $122.13 $1,903.00 $362.14 -$1,540.86 $541.60 $558.93 $17.33 $3,592.10 $3,714.23 $122.13 $2,154.50 $2,212.67 $58.17 $4,278.00 $4,278.00 $0.00 4 5$ 10.004 5$ 10.00 $73,978.70 $72,635.48 -$1,221.09 OVERALL % INCREASE -1.65% Collier County 2018 Indexing Calculations Draft Report Cbl[[ e-� County .80� Prepared for: Collier County 2800 North Horseshoe Drive Naples, FL 34104 Ph. (239) 252-8192 February 21, 2018 Tindale Oliver 1000 Ashley Drive, Suite 400 Tampa, FL 33602 Ph. (813) 224-8862, fax (813) 226-2106 E-mail: nkamp@tindaleoliver.com 0073139-07.18 COLLIER COUNTY 2018 INDEXING CALCULATIONS Table of Contents I. Introduction................................................................................................ 1 II. Calculation of Indices.................................................................................. 2 111. Application.................................................................................................. 3 Tindale Oliver Collier County February 2018 i Indexing Update I. Introduction Collier County retained Tindale Oliver to calculate the updated indices for the following impact fee program areas: • Schools; • Government Buildings; • Law Enforcement; • Libraries; • Emergency Medical Services (EMS); • Community Parks; and • Regional Parks. The County completed technical studies for government buildings, law enforcement, libraries, and EMS facilities in 2016 while schools and park facilties were last updated in 2015. It is Collier County's policy to annually index the fees to moderate fluctuations between the periodic update studies. As such, the County retained Tindale Oliver to prepare an indexing study that reflects the changes in cost of the inventory components including buildings, land, and vehicles/equipment. This technical report provides a summary of the index variables and the calculations of combined indices for the seven service areas listed above. Tindale Oliver Collier County February 2018 1 Indexing Update II. Calculation of Indices As part of the calculations, the following indices were updated: • Collier County Property Values; • Consumer Price Index (CPI) (for equipment an vehicles); • Producer Price Index (PPI) (for equipment an vehicles); • Engineering News Record (ENR) Building Cost Index; • Turner Building Cost Index; and • RS Means Building Cost Index. Table 1 presents the updated individual indices that will be used in the calculation of the overall indices for each program area. Indices were calculated based on the most recent two years of data available, 2016 and 2017. Consistent with the adopted indexing methodology, the building cost index utilized ENR, RS Means, and Turner Building Cost indices. In the case of the equipment/vehicle cost index, CPI and PPI for equipment were used. The land index is based on data from the Collier County Property Appraiser. Table 1 also provides a comparison to 2017 indices calculated in March 2017. Table 1 Index Calculations 1) Calculated based on the data from the latest two years, as available 2) Calculated using 2015 and 2016 data, as available 3) Difference between the 2018 index (Item 1) and the 2017 index (Item 2) Tindale Oliver Collier County February 2018 2 Indexing Update III. Application Updated individual indices from Table 1 are used to calculate the combined indices for the seven service areas, which are shown in Table 2. The total applicable index represents the adjustment factor that should be applied to the related impact fee schedules. Table 2 Combined Indices InventorV Component School Facilities Distr!0737`ar�ffMcent Inventory(i) Total of Cost (2) 20113 Index (3) Combine4m Index(414 Land $105,394,124 5.7% 9.4% 0.5% Buildings $1,536,147,228 82.7% 3.1% 2.6% Buses/Vehicles/Equipment $215,804,974 11.6% 1.7% 0.2% Total Cost $1,857,346,326 100.0•% Total Applicable Index(s) 3.3% Government Buildings Land $15,187,200 5.3%1 9.4%1 0.5% Buildings $270,235,060 94.7% 1 3.1%1 2.9% Total Cost $285,422,260 100.0'% Total Applicable Index(s) 3.4% Law Enforcement Land $4,382,400 2.9% 9.4% 0.3% Buildings $79,110,820 51.5% 3.1% 1.6% Equipment/Vehicles 70020524 45.6% 1.7% 0.8% Total Cost $153,513,744 100.0.0 Total Applicable Index (5) 2.7% Libraries Land $1,617,280 2.2% 9.4% 0.2% Buildings $54,018,600 73.9% 3.1% 2.3% Materials/Equipment $17,483,820 23.9% 1.7% 0.4% Total Cost $73,119,700 100.0'% Total Applicable Index (5) 2.9% Tindale Oliver Collier County February 2018 3 Indexing Update Table 2 (Continued) Combined Indices Component EM5 Distribution of Inventory(l) Percent of 2018 Total Cost (2) Index (3) CombinedLgentory Index (4) Land $3,168,000 8.4% 9.494. 0.8% Buildings $21,532,800 56.8% 3.1%1 1.8% Equipment/Vehicles 13200989 34.8% 1.7%1 0.6% Total Cost $37,901,789 100.0.0 Total Applicable Index(5) 3.2% Community Parks Land $53,857,380 40.2% 9.4516 3.8% Site Improvements $5,033,400 3.8% 3.1% 0.1% Facilities/Equipment 75162 659 56.0% 3.1% 1.7% Total Cost $134,053,439 100.0•% Total Applicable index (5) 5.6% Regional Parks Land $341,739,000 84.3% 9.4%1 7.9% Site Improvements $30,376,800 7.5% 3.1% 0.2% Facilities/Equipment 33,136,514 8.2% 3.1%1 03/o Total Cost $405,252,314 100.0.00 Total Applicable Index(5) g,q% 1) Source: Technical Impact Fee Studies 2) Distribution of each inventory component is calculated by dividing each component by the total inventory value 3) Source: Table 1 4) Percent of total cost (Item 2) multiplied by the 2018 index (Item 3) 5) Sum of indices of each component Tindale Oliver Collier County February 2018 4 Indexing Update May 2, 2018 DSAC Discussion Points This document summarizes the changes made to the draft Pollution Control Ordinance to address the questions and suggestions that arose during the March 7, 2018 DSAC meeting. A subcommittee meeting was held April 16, 2018. 1. Address costs to communities. Executive Summary language modified to include Table with potential costs. 2. Address the Ag issue. State pre-emption- per F.S. 163. 3162 local governments cannot regulate agricultural properties. 3. Re -define private collections and transmission systems to not include septic systems. Ensure OSTDS don't require maintenance contracts. Added the sentence "Septic systems are not considered private Sewage Collection and Transmission Systems." to Article 5 Section 2. 4. Provide backup showing support, or at least not prevention, for LEED/aquifer recharge. a. Added the following language to Article II, Section 2, E: "Aquifer recharge projects consisting of rainwater, treated stormwater or reclaimed water are not considered pollutant Discharges." b. Added "Treated reclaimed water is not considered a pollutant" to the definition of pollutant. 5. Verify not in conflict with the fertilizer ordinance. Verified. Article II, Section 2, B states: "Fertilizer application in a manner compliant with local ordinances, BMPs, label instructions, and per FDEP's Green Industries Best Management Practices, in areas that are not in or upstream of impaired waterbodies." 6. Does this ordinance create additional remediation standards? No additional remediation standards are created with this ordinance. Will still be held to state water quality standards and soil/groundwater cleanup target levels. 7. Address requirements for water quality sampling and stormwater system improvements if existing development is meeting associated permit requirements. Specific DSAC sub- committee comment: "Just to elaborate a bit on the existing storm watersystems (either SFWMD or County Approvals) - please consider the issue raised at DSAC regarding existing systems that are grandfathered and met a previous burden of regulation. Do not hold them to any new standards." The language in question is: Section 2 Monitoring of Stormwater Discharges. The following changes were made: This section applies to all facilities that have stormwater discharges associated with Industrial, commercial, Residential, or Construction Activity and— will become effective if permit requirements are not being met or reasonable BMPs are not being implemented. May 2, 2018 DSAC Discussion Points If a private SMS discharges to the CCMS4 that is declared impaired by FDEP or is upstream of an Impaired Waterbody; or the downstream waterbody has an adopted TMDL, Reasonable Assurance Plan, BMAP, or SSAC, the discharger may be required to monitor the water at the relevant outfall at the County's discretion to determine if the discharger is meeting the established criteria and not causing any further impairment. Further, the discharger may be required to reduce the pollutant load being Discharged to the greatest extent possible, from the private SMS to the CCMS4. *greatest extent possible is typical LDC language. We are open to changing that to greatest extent reasonable or similar. EXECUTIVE SUMMARY Recommendation to advertise a public hearing to consider the adoption of a new ordinance to be called the Pollution Control and Prevention Ordinance, consolidating, repealing and replacing Ordinance No. 87-79, regarding the Transportation and Disposal of Sludge and repealing Resolution No. 88-311 regarding fees for sludge transportation and disposal permits. This proposed ordinance will be in addition to Ordinance No. 89-20, the existing Collier County Water Pollution Control Ordinance. OBJECTIVE: To provide updates, clarifications, and additional environmental protection through the adoption of, at a future publicly advertised meeting, the ordinance. CONSIDERATIONS: Ordinance No. 87-79 (Attachment 1), Transportation and Disposal of Sludge was adopted to regulate the transportation and disposal of sludge to ensure that such activities do not endanger public health or the quality of the waters of the County. In the 30 years since Ordinance No. 87-79 was adopted; definitions, standards, and federal and state regulations have changed making the current ordinance outdated and redundant in some aspects. The proposed new ordinance will update, clarify, and add environmental protections which reflect current regulations, practices, and the goals of the Pollution Control Program; and protect Collier County's natural resources. Ordinance No. 89-20 (Attachment 2), the Collier County Water Pollution Control Ordinance was adopted to establish and fund a County water pollution control program which focused on sewage as the primary pollutant. This Ordinance was adopted with a county -wide referendum and allows the County to levy county -wide up to one-tenth of a mil for a water pollution control program. Because of the funding authority, this Ordinance is not proposed for repeal and will be in addition to the proposed ordinance. In the 28 years since Ordinance 89-20 was adopted; definitions, standards, and federal and state regulations have changed making the existing ordinance outdated and ineffective. The proposed new ordinance will be in addition to Ordinance No. 89-20 and will reflect current regulations and practices, the goals of the Pollution Control Program, and protect Collier County's natural resources. Collier County has a Phase tI National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit. Element Three of Collier County's NPDES MS4 permit requires a `regulatory mechanism for the detection and elimination of non-stormwater discharges." The January 2015 audit report (Attachment 3) of Collier County's NPDES MS4 program by the Florida Department of Environmental Protection indicated that the existing ordinances used to regulate discharges are insufficient and requires Collier County to "review existing ordinance and/or develop a new ordinance which defines and prohibits illicit discharge to the MSA." The new ordinance will include • Additional and updated definitions; • Updated laws and regulations; • Specific language prohibiting illicit discharges; • Requirements for reporting and remediating discharges of pollutants; • Emphasis on pollution prevention through public outreach/education and best management practices; and • Provisions for enforcement. Resolution 88-311 (Attachment 4) addressing fees associated with sludge transportation licenses and disposal permits will be repealed. The proposed ordinance is Attachment 5. FISCAL IMPACT: T.,...e a fnifiima4 r. al iffipaets.^eia4ed with the ,.a, ,...:.:_s of a proposed � ee—Examples of potential costs to customers arelisted in Table I Costs associated with environmental impacts such as remediation can vary widely based on the discharged product source quantity released, and impacted media (e.g. soil, groundwater, surface water) Pollutant source tracking will primarily be accomplished by Pollution Control and the upcoming Stormwater Utility programs however, customers who continuously fail to meet permit requirements or implement best management practices are expected to be responsible for reasonable costs associated with the impacts None of the Table I potential costs are intended to be punitive or revenue generating they are related to customer's impacts on the environment. GROWTH MANAGEMENT IMPACT: This action is consistent with the goals and objectives of Collier County's Growth Management Plan Conservation and Coastal Management Element and the Natural Groundwater Aquifer Recharge Sub -Element; the Watershed Management Plan; and the Floodplain Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board approval. HFAC RECOMMENDATION: To advertise a public hearing to consider the adoption of a new ordinance consolidating, repealing and replacing Ordinance No. 87-79 and repealing Resolution 88-311. Prepared by: Danette Kinaszczuk, Pollution Control Manager, Capital Project Planning, Impact Fees, and Program Management Division Table 1- Potential Costs Assessment and Cleanup SIMPLE COMPLEX Small Spill Scenario (525 gallons) $600.00 $4,000.00 SPILL CHARACTERISTICS SIMPLE COMPLEX (hand excavation -simple) (equipment excavation -complex) $150.00 $1,000.00 Transportation and disposal of contaminated media $175.00 $1,500.00 Analytical Sampling (If required) $250.00 $1,250.00 m Spill Scenario (25100 gallons) CHARACTERISTICS SIMPLE COMPLEX excavationaimple)(equipment excavation -complex) $600.00 $4,000.00 sortation and disposal of contaminated media $700.00 $6,000.00 Ical Sampling (if required) $1,250.00 $2,500.00 I Management and Reporting (if necessary) $1,000.00 $2,000.00 ..00 ....................................................................._............_....._........_.__..................................._............................._........_...._..._.........._........ PoTENTIAL COSTS $3,55 5 0 0.00 $14,500 0.00 Spill Scenario (>d0O gallons) $125.00 ..................................__......................................................__..._.... .__._ ........ CHARACTERISTICS SIMPLE COMPLEX excavationsimple)(equipment excavation -complex) $2,500.00 $15,000.00 torlation and disposal of contaminated media $5,000.00 $151000.00 ical Sampling (if required) $3,000.00 $10,000.00 Water Quality Monitoring and Laboratory Analysis LABORATORYTEST ANALYTICAL METHOD COST Agricultural Facilities 8. RCRA Metals 200.7/7470 $84.50 Organochlorine Pesticides 8081 $85.00 Organophosphorus Pesticides 8141 $100.00 Herbicides6151 $125.00 ..................................__......................................................__..._.... .__._ ........ ._..... ._. __.... ... ......................._......... _... _.... ...... _ ............... _....................._........ ... _... _... ......... $394.50 Petroleum Storage / Distribution Facilities BTEX+MTBE 8260 $50.00 PAHs 8270 $110.00 TRPHs FL -Pro $70.00 _......_ W.._........._. ....................... ..:......:.._...._......... ................................................_........_......_......_..................................................................._......._._.............._.._..............._...e.....__......... $230.00 Automotive Maintenance/ Repair VOCs $260 $100.00 SVOCs 8270 $155.00 TRPHs FL -Pro $70.00 8 - RCRA Metals200.7 / 7470 $38.00 ...................................................................___..,__._....„..,...................._........_._.._......_....................._......................................................................_..._............._.......___............_................ $363.00 Nutrient Impairment Kjeldahl nitrogen -total 351.2 $19.00 Ammonia as N 35a:. $11.00 Chlorophyll SM10200H $32.00 Nitrate as N 353.2 $9.00 Nitrite as N 353.2 $9.00 Phosphorus total 365.4 $20.00 Dissolved oxygen ............................................................................_............Y..............._. $32.13........................... ......................................................... ......_.......................... ............... _._.....,.._........__..................._... $132.13 Copper Impairment Copper 200.7 ........ $8.00 ...................................... _...._................................. .............................................._.................................................... _....... .._...... ........................................ _.....�..._..._.............................. $s.00 Bacterial Impairment Enterococcl 1600 $11.14 Total Coliforms/Escherichia coli (P/A) - 1604 $7.87 DNA$100.00 .... _ ....... _....... _........................................ ............ ......... -.................................... _....._............__.._......._...._......... . .......... ............ ................................. ...................... ......_.... -... ........... ..... .._ $119.01 Best Management Practices Pet Waste Stations $140.00 each Adaptive Pond Management Site Specific Lessen Fertilizer Application Saves Money on Fertilizer Florida Friendly Landscaping SiteSpecific ORDINANCE NO. 87— 79 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA as follows: SECTION 1: FINDINGS The Board of County Commissioners hereby finds that It is necessary In the public interest to regulate the transportation and disposal of sludge as defined herein In the Interest of the public health, safety and welfare of the citizens of Collier County. Regulations concerning the transportation and disposal of sludge are necessary because sludges have the capacity to create hazards to the health, welfare and safety of the citizens of Collier County: to create public nuisances resulting from Improper management of said sludges; to pollute or otherwise adversely affect the quality of ground and surface waters of Collier County. SECTION 2: PURPOSE il The purpose of this ordinance Is to provide a means to regulate the transportation and disposal of sludges as defined herein to ensure that such activities do not endanger public health or the quality of the waters of Collier County, —I— HOK C28PKE244 AN ORDINANCE TO REGULATE SLUDGE TRANSPORTATION AND DISPOSAL WITHIN COLLIER COUNTY, FLORIDA; PROVIDING FOR FINDINGS, PURPOSE, AND DEFINITIONS USED IN THE ORDINANCE; PROHIBITING TRANSPORTATION OF SLUDGE WITHOUT A LICENSE; PROVIDING EXEMPTIONS FROM LICENSING; PROVIDING REQUIREMENTS FOR FOR LICENSE; PROVIDING FOR _;APPLICATION REQUIREMENTS FOR LICENSE ISSUANCE; PROVIDING FOR " = LICENSE CONDITIONS; PROVIDING FOR AN ANNUAL _7 LICENSE FEE; PROVIDING FOR SLUDGE DISPOSAL PERMITS !=-I `~ � AND PROHIBITIONS; PROVIDING EXEMPTIONS FROM v_ �•cr PERMITTING; PROVIDING THE REQUIREMENTS OF PERMIT '-' APPLICATION; PROVIDING FOR PERMIT CONDITIONS; PROVIDING REQUIREMENTS FOR PERMIT ISSUANCE; PROVIDING FOR INSPECTION REQUIREMENTS; PROVIDING FOR PERMIT MODIFICATION AND RENEWAL: PROVIDING FOR ANNUAL PERMIT FEES; PROVIDING FOR APPEALS; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR COMPLIANCE WITH STATE AND FEDERAL PERMITS; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR THE IMPLEMENTATION OF ORDINANCE BY RULES AND REGULATIONS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA as follows: SECTION 1: FINDINGS The Board of County Commissioners hereby finds that It is necessary In the public interest to regulate the transportation and disposal of sludge as defined herein In the Interest of the public health, safety and welfare of the citizens of Collier County. Regulations concerning the transportation and disposal of sludge are necessary because sludges have the capacity to create hazards to the health, welfare and safety of the citizens of Collier County: to create public nuisances resulting from Improper management of said sludges; to pollute or otherwise adversely affect the quality of ground and surface waters of Collier County. SECTION 2: PURPOSE il The purpose of this ordinance Is to provide a means to regulate the transportation and disposal of sludges as defined herein to ensure that such activities do not endanger public health or the quality of the waters of Collier County, —I— HOK C28PKE244 SECTION S: DEFINITIONS For the purposes of this Ordinance the following definitions will be used: (1) "Board" means Collier County Board of County Commissioners. (2) "Composted Sludge" means sludge that has been composted at or above 55°C for 3 consecutive days In a mechanical composter or an aerated pile, or at or above 55"C for fifteen consecutive days In a windrow and at least five turnings of the windrow. (3) "Department" means the Collier County Environmental Science and Pollution Control Department. (4) "Director" means the Director of the Collier County Environmental science and Pollution Control Department. (5) "Generator" means the person responsible for the production of the sludge. (5) "Grade I Sludge" means any stabilized sludge containing less than the following concentrations of any of the listed metals as milligrams per kilogram dry weight: CADMIUM COPPER LEAD NICKEL ZINC 30 900 1000 100 1800 (7) "Grade 2 Sludge" means any stabilized sludge containing any of the following listed metals within the listed ranges as milligrams per kilogram dry weight and none exceeding the listed range: CADMIUM COPPER LEAD NICKEL ZINC 30-100 900-3000 1000-1500 100-500 1800-10,000 -2- WK 02$eac1245 !B) "Grade 0 sludge" means any sludge containing greater than the following concentrations of the listed metals as milligrams per kilogram dry weight: CADMIUM COPPER LEAD NICKEL ZINC Soo 3000 1500 Soo 10.000 (9) "License" means written approval by the Director to transport sludge in Collier County. (10) "Permit" means written approval by the Director to operate a sludge disposal facility pursuant to the guidelines for same as established by the Director, which shall be as required by part IV, Chapter 17- 7, Florida Administrative Code, as may be amended. except that a permit shall be necessary for any and all sludge disposal facilities within Collier County. (11) "Person" means any agency or Institution thereof, any municipality. Political subdivision, special district, public or private corporation, Individual, partnership, association, or other entity, and Includes any officer or governing or managing body of any municipality, political subdivision, special district, or public or private corporation. (12) "Processed Sludge" means any domestic sludge that has been stabilized, disinfected, dried, and pelletized or granulated. (13) "Septage" means all solid wastes and wastewater removed during the pumping of a septic tank or similar sewage disposal system. (14) "Sludge" means a solid waste, pollution control residual which is generated by any Industrial or domestic wastewater treatment plant, septic tank, grease trap, portable toilet or related operation, or any -3- BOOK G28 Pac1246 other such waste having similar characteristics. Sludge may be a solid, liquid, or semisolid waste and this Includes "processed domestic sludge" as defined in Florida Administrative Code 17-7.510. but does not Include the treated effluent from a wastewater treatment plant. (15) "Sludge Disposal Facility" means land and structures, other appurtenances, and Improvements on the land, used for sludge disposal or spreading of sludge on the land. (16) "Stabillzation" means the use of a treatment to render sludge or septage less odorous and putrescible, and to reduce the pathogenic content as described in Chapter 6 of EPA 626/1-79-011, "Process Design Manual for Sludge Treatment and Disposal." This manual Is adopted and made a part of this Ordinance by reference. A copy of this document may be obtained by writing the Director, or may be Inspected at the Department office. Sludge that has not been digested for at least five days shall be stabilized prior to disposal. PART I: LICENSE REQUIRED TO TRANSPORT SLUDGE SECTION 4: PROHIBITIONS It shall be unlawful for any person to transport sludge without first having obtained a license to transport sludge from the Director unless exempt under Section 5 of this Ordinance. SECTION 5: EXEMPTIONS (1) Persons that transport three cubic yards or less of processed or composted "Grade 1 or 2" sludge per month are exempt from the requirement of a license. (2) Persons who transport only bagged composted and/orprocessed sludge are exempt from the requirement of a license. -4- soot; Q28 P1,1247 R c'c SECTION 6: APPLICATION FOR LICENSE Application for a Sludge Transporting License shall be on the forms supplied by the Director. Information required shall include but not be limited to: (1) Name, address, 24 hour emergency and work telephone numbers of the applicant, (2) A description of the transporting vehicle. (a) Truck, truck trailer, tank truck, or tank trailer (make and model numbers), (b) Rated hauling capacity of each compartment. (c) Whether or not It has onboard pumps. (d) Vehicle's Florida license plate number. (3) A notarized statement from the owner or operator of a validly permitted sludge disposal facility that the sludge will be accepted throughout the duration of the license. (4) Proof of a valid Collier County occupational license for "sewer and drain cleaning". SECTION 7: LICENSE ISSUANCE A license to transport sludge may be Issued by the Director after potential licensee demonstrates that all of the following requirements will be met at time of license Issuance: (1) Applicant holds a valid Collier county occupational license for "sewer and drain cleaning"; (2) All vehicles are and will be maintained so that they remain product tight; (3) All vehicles display licensee's name, license number and telephone number In at least three Inch high letters and numbers; (4) Applicant has not had a license to transport sludge or septage revoked by the Director within the previous six months; (b) A validly permitted sludge disposal facility is committed In writing to accept sludge from applicant; MM BOOK C28PAc1248 (6) The applicant shall give prior written notice to the Director of a change In sludge disposal sites. SECTION 8: LICENSE CONDITIONS (1) All containers used to transport sludge shall be maintained so that they remain product tight and do not spill or leak sludge during transportation. The licensee's name. license number, and telephone number shall be displayed in at least three Inch high letters and numbers on both sides of the transportation vehicle. (2) All Licensees will maintain records of the sludges transported on a daily basis and submit a summary of sludge transported to the Director. These records will be due monthly by the 15th of each month for the preceding month's transportation activity and Include those Information Items listed below: (a) Date: (b) Name and location of the generator (only for sewage sludge): (c) Type of sludge (i.e.. sewage sludge, septage, grease, portable toilet waste, etc): (d) Quantity of sludge pumped: (e) Disposal site. SECTION D: ANNUAL LICENSE PEE The annual fee for a Environmental Science and Pollution Control Department license to transport sludge shall be S25 for the first vehicle and $10 for each additional vehicle. Any vehicles Included 1n a Septage Disposal Service Permit Issued by the Collier County Public Health Unit shall be exempt from the license fees. Application for renewal must be made annually. PART 11: PERMIT REQUIRED TO DISPOSE SLUDGE SECTION 10: PROHIBITIONS (1) It shall be unlawful for any per�c:: ;_ ,,;,�:,..,,, .,,__ay, or expand any sludge disposal facility In Collier County without first having obtained a valid permit from the Director unless exempt under Section 11 of this Ordinance. _6_ BOOK C[28 ; 249 i (2) It shall be unlawful for any person to dispose sludge in any collection system or sewage treatment plant without prior written authorization from the owner of the sewage treatment plant. (3) It shall be unlawful to mix different types of sludges (i.e.. septage; grease trap residue; or portable toilet wastes) for disposal at Collier County "A" wastewater treatment plant. (4) It shall be unlawful to dispose of sludges from generators outside of unincorporated Collier County at the Collier County "A" wastewater treatment plant. SECTION 11: EXEMPTIONS Persons who dispose of three cubic yards or less of composted or processed "Grade 1 or 2" sludge per month per label directions are exempt from the requirement of a permit. Total disposal shall be limited to six dry tons/acre/year. SECTION 12: PERMIT APPLICATION (1) Application for a sludge disposal facility permit shall be made on forms provided by the Director. (2) Application for disposal of Grade 3 sludge must be accompanied by written approval from a Department of Environmental Regulation permitted solid waste disposal facility. (3) A map or aerial photograph having a scale of at least 1 Inch = G0O feet of the proposed sludge disposal facility shall be provided with the permit application. A scaled drawing may also be required If the maps do not provide sufficient detail. Other site specific Information may be requested. (4) A notarized statement from the owner of the property stating approval for proposed activities for the duration of the permit shall be submitted with the application. SECTION 13: PERMIT CONDITIONS - - (1) Land Disposal Criteria: Sludge disposal facility requirements will be the same as those In Florida Administrative Code 17-7.600 through 17-7.580 as may be amended. - -7- 500% C28 PAGE 250 (2) Reporting Requirements: All permittees Including applicators of processed domestic sludges which may be exempt from recording requirements of Florida Administrative Code 17-7.570 shall supply dally records to the Director. These records will be due monthly by the 16th of each month for the preceding month's disposal activity on forms supplied by the Director, and Include those Information Items listed below: (a) Date of each sludge application; (b) Amount of sludge applied; (c) source of sludge; (d) How was the sludge stabilized; (e) Weather conditions on the date of application; (f) Specific area of application: (g) Depth of water table; (h) Vegetation status at application site if different from permit application. (3) Other Conditions: Other site specific conditions may be placed on the permit by the Director which may Include soil. surface water and/or ground water analysis. Monitoring wells may also be required to determine compliance with Florida Administrative Code 17-3. SECTION 14: PERMIT ISSUANCE (1) Permit Holder: A permit required by this Ordinance shall be Issued for a sludge disposal facility owned and/or operated to a person as defined herein. (2) The Director will In writing Issue or deny the permit within thirty days of receipt of all required Information. (3) Approval: A permit shall be Issued to the applicant only If: (a) The applicant provides the Director with reasonable assurance based on plans and other Information that the construction expansion, modification, c. , _......., .. ..... ... e -",.sal facility will conform to the requirements placed on sludge disposal facilities In Florida Administrative Code 17-7.540 through 17-7.580 and this Ordinance; -8- BOOK C28PWIL251 (b) The sludge disposal facility does not conflict with this Ordinance, the Comprehensive Land Use Plan or land use regulations adopted pursuant thereto, nor does it conflict with existing zoning regulations. (4) Denial: If after review of the application and all the Information, the Director determines that the construction, modification. expansion, or operation of the proposed sludge disposal facility will not be In accord with this ordinance. the Comprehensive Land Use Plan or land use regulations adopted pursuant thereto, or existing zoning regulations, or requirements In Florida Administrative Code 17-7, the Director shall deny the permit. SECTION 16: INSPECTION REQUIREMENTS As a condition for issuance of a permit, the Director or his designee shall have the right to enter the sludge disposal facility upon reasonable notice for the purpose of determining compliance with this Ordinance, and permit conditions and Florida Administrative Code rules. SECTION 16: PERMIT MODIFICATION AND RENEWAL (1) Modification: The disposal of a sludge from a generator not listed In the permit application will require a permit modification. (2) Permittee shall submit a request for permit modification on forms supplied by the Director and provide any additional Information requested by the Director. (3) Renewal: Permits will be effective for one year from the date of Issuance and must be renewed. Application for renewal shall be made on forms provided by the Director. SECTION 17: ANNUAL PERMIT FEE The annual fee for a Environmental Science and Pollution Control Department Sludge Disposal Facility permit Is $100. Any modification to the permit is an additional 350. —9— EooK 028PArt252 PART III PENALTIES, APPEALS AND ENFORCEMENT SECTION 18: APPEALS Any person who Is aggrieved by the action of the Director relative to the Issuance of a license or permit, or any person adversely affected by the Issuance of a license or permit may appeal said action or issuance by appropriate writ to the Circuit Court of Collier County within 30 days from the date of said Issuance or action. Failure to file an appeal within the prescribed time limit shall operate as a bar to and waiver of any claim for relief. SECTION 19: ENFORCEMENT AND PENALTIES Any person who violates any section of this Ordinance shall be prosecuted and punished "s provided by Section 126.69 of the Florida Statutes. Each day the violation continues shall constitute a separate offense. The Board or any citizen whose Interests are adversely affected may bring suit for damages or to restrain, enjoin. or otherwise prevent the violation of this Ordinance in the Circuit Court of Collier County. Violation of or failure to comply with any requirement of this Ordinance shall be unlawful and constitute grounds for denial and/or revocation of a transport license or sludge disposal permit. The Director Is vested with the authority to administer and enforce the• provisions of this Ordinance and is authorized to take action to ensure compliance with, or prevent violation of, the provision of this Ordinance, and shall have authority to Issue administrative stay orders. SECTION 20: SEVERABILITY It is the Intention of the Board that each separate provision of this Ordinance shall be deemed Independent of and severable from all other provision herein, and It Is further the Intention of ch^ _ - -' IJ--- .,f this Ordinance be declared to be Invalid, all other provisions thereof shall remain valid and enforceable. —10- 100K 028WE253 SECTION 21: COMPLIANCE WITH STATE AND FEDERAL PERMITS The Issuance of a permit In accordance with the provisions of this Ordinance Is not Intended to preclude the right or authority of any other State or Federal agency from requiring separate permits In accordance with rules and regulations of that agency. In a case where multiple permits are required, the most stringent stipulations and requirements of each permit shall govern the work permitted under this Ordinance. SECTION 22: LIBERAL CONSTRUCTION The provisions of this Ordinance shall be liberally construed to effectively carry out Its purpose in the Interest of public health, safety and welfare and convenience of the citizens and residents of Collier County and of the State of Florida. SECTION 23: IMPLEMENTATION ON ORDINANCE: RULES AND REGULATIONS The Board may adopt by resoln'lon reasonable rules and regulations to Implement and carry out the provis,ons of this Ordinance. SECTION 24: EFFECTIVE DATE ' This Ordinance shall become effective 90 days from receipt of acknowledgement from the Secretary or State that the Ordinance has been duly filed. JAMES &PILES, CLERK >. c f4• -Approved as to form and legal sufficiency R. Bruce Anderson Assistant County Attorney From SCC meeting of 114 G —11— BOARD OF COUNTY COMMISSIONERS. COLLIER COUNTY. FLORIDA BY: Max A. Nasse. Jr.. Chatrm This ordinance filed with the retoryday of r ' Offir�p�f day of , �X/ and ockwledgement of fill f yt . of o.an cw BOOK 628PA�r ?5A STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth < Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ) ORDINANCE 87-79 which was adopted by the Board of County Commissioners on the 6th day of Octoberr, 1987 during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 9th day of October, 1987, JAMES C. GILES Clerk of Courts and Clerk Ex -officio to Board Count ommissigrjers '.. By: Y'rginia Negri Deputy Cleik eaax Q28ract255 no r rn [L ORDINANCE NO. 89--zo- y T AN ORDINANCE ESTABLISHING THE COLLIER CO(CY o� WATER POLLUTION CONTROL PROGRAM AND PRONROM G FOR ITS PURPOSES AND IMPLEMENTATION; PIN SHORT TITLE; PROVIDING FOR APPLICABILITY;' r; PROVIDING FOR FUNDING AND LEVY OF TAXES: r - PROVIDING FOR CREATION OF A WATER POLLUTION CONTROL ADVISORY BOARD; REPEALING AND SUPERSEDING COLLIER COUNTY ORDINANCE NO. 85-31; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the electors of Collier County, voting in a county -wide referendum on November 6, 1984, approved the levy of one-tenth (1/10) of a mill tax for the purpose of establishing a water pollution control program; and WHEREAS, the water pollution control program was expanded on March 8, 1988 by a county -wide referendum to protect Collier County's water resources from all pollutants without an increase in the millage of one-tenth (1/10th) of a mill; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY OF COLLIER COUNTY, FLORIDA: SECTION ONE. TITLE AND CITATION This Ordinance shall be known and may be cited as the "Collier County Water Pollution Control Ordinance". SECTION TWO. APPLICABILITY This Ordinance shall apply county -wide. SECTION THREE. ESTABLISHMENT OF COLLIER COUNTY WATER POLLUTION CONTROL PROGRAM; PURPOSES AND IMPLEMENTATION There is hereby established the Collier County Water Pollution Control Program (hereinafter referred to as the "Program"). The Program is established for the purposes of: a) Implementing a county -wide pollution control program to monitor and study the treatment and disposal of sewage. b) To abate the effects that the disposal of the resulting sewage effluent and solid pollutants has on the water resources of Collier County. c) To protect the groundwater, freshwater surface waters and other non -tidal water resources from all sources of pollution in Collier County. BOOK 035 pe, V 4 The Board of County Commissioners of Collier County, Florida shall take all necessary and desirable actions to implement the purposes of this Program. SECTION FOUR. FUNDING AND LEVY OF TAXES The monitoring, study, protection and abatement program designated pursuant to Section One of this ordinance shall be provided from taxes levied in both the incorporated and unincorporated areas of Collier County. The levy of one-tenth (1/10th) of a mill which was approved in the county -wide referenda on November 6, 1984, and March 8, 1988 shall be for the purposes specified in Section One of this Ordinance. The Program tax shall be levied and collected at the same time and in the same manner as provided by law for other County taxes. The Property Appraiser and the Tax Collector of Collier County, Florida, are specifically authorized and directed to take all necessary and desirable action in furtherance of this section. SECTION FIVE. PROVIDING FOR THE CREATION OF THE WATER POLLUTION CONTROL ADVISORY BOARD The Board of County Commissioners may by ordinance designate an Advisory Board composed of residents and electors of Collier County with advisory authority in the business affairs of the Program and such other duties as may be assigned from time to time by the Board of County Commissioners. SECTION SIX. REPEAL OF COLLIER COUNTY ORDINANCE NO. 85-31 Collier County Ordinance No. 85-31 which established the Collier County Water Pollution Control Program is hereby superseded and repealed in its entirety. SECTION SEVEN. CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. BOOK 035 0A q 135 2 SECTION EIGHT, EFFECTIVE DATE This ordinance shall become effective upon receipt of notice from the.Secretary of State that this Ordinance has been filed �c with the .secretary of State. DATED: March 2&, 1989 ,ATTEST: BOARD OF COUNTY COMMISSIONERS JAMES C.-GILES.; Clerk COLLIER COUNTY, FLORIDA 5+ // BURT L. SAUNDERS, Chairman Approved as to form and legal sufficiency: DAVICL C. We g Assistant County orney This ordlnance fV,i with the Secretary of n State'aQQQ Office t e day of OW aa-thatNI I day a 0....0. BOOK 035 PAGE 136 STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Floride do hereby certify that the foregoing is a true copy of: Ordinance No. 89-20 which was adopted by the Hoard of County Commissioners on the 28th day of March, 1989, during Regular Session. WITNESS my hand and the official seal of the Hoard of County Commissioners of Collier County, Florida, this 30th day of March, 1989. JAMES C. GILES Clerk of Courts and Clerk Ex -officio to Board of County Commissioners y• /s/Maureen Xenyor. `� '•' Deputy Clerk •J �; - o BOOK 035FA1A37 01 pA01E(IION FLORI6A February 10, 2015 Leo Ochs, Jr. County Manager Collier County 3301 East Tamiami Trail Naples, FL 34112 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BOB MARTINEZ CENTER 2600 BLAIR STONE ROAD TALLAHASSEE, FLORIDA 32399-2400 Subject: Collier County Phase II Municipal Separate Storm Sewer Systems (MS4) FLR04EO37 Cycle 3 Year 1 Audit Report Dear Mr. Ochs: RICK SCOTT GOVERNOR CARLOS LOPEZ-CANTERA LT. GOVERNOR JONATHAN P. STEVERSON SECRETARY An audit of Collier County Phase II MS4 Stormwater Management Program (SWMP) elements was conducted by the Florida Department of Environmental Protection (Department), on January 22, 2014 under the State's federally approved National Pollutant Discharge Elimination System (NPDES) stormwater program. Based on the findings in the audit, the Department has determined that Collier County has satisfied SWMP elements as required by the Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems (Rule 62-621.300(7)(a), F.A.C.) and as specified in your approved Notice of Intent (NOI) for coverage under the generic permit. Please note that the findings in the report are limited to the specific elements of the SWMP that were reviewed during the Audit. The Department has summarized the associated Required Improvements and Recommendations in the table below. Anything that is not listed is considered to be sufficient based on the documentation shown during the audit. BMP Number_ Element 3- Regulatory Review existing ordinance and/ or develop a new Illicit mechanism for the ordinance which defines and prohibits illicit discharge to Discharge detection and the MS4 elimination of non- stormwater discharge Needs Implementation Immediately Element 6 — Preventing pollutant Identify the point of discharge from the wash rack located Municipal runoff from MS4 at the Municipal Maintenance Yard inspected by the Pollution operator activities Department.. Prevention and Good Needs Implementation Immediately Housekeeping pFLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BOB MARTINEZ CENTER IDAr FLOR`2600 BLAIR STONE ROAD TALLAHASSEE, FLORIDA 32399-2400 RICK SCOTT GOVERNOR CARLOS LOPEZ-CANTERA LT. GOVERNOR JONATHAN P. STEVERSON SECRETARY Responses to the required improvements above, including a short plan for implementation, are due within 30 days of receipt of this letter. If you have any questions, please do not hesitate to contact me at (850)- 245-7523 or Candace.Richards@dep.state.fl.us. Thank you for doing a great job implementing your program. Sincerely, Candace Richards MS4 Phase II Coordinator NPDES Stormwater Program Cc: Steve Preston, Collier County Danette Kinaszczuk, Collier County The County's outreach program currently addresses Small forming busine7disposal 7Dillscharge hazards associQuantity Generators only. The Department suggested to ith illegal dischuse the same educational information and insert the material into the business license application package. This way the County will address all types of businesses that have the potential of illegal discharge and improper of waste. Element 4 — Regulatory The County should reference the policy that is applicable to Construction mechanism for requiring site plans and controls on construction sites. Site Runoff construction site runoff Element 6 - Preventing pollutant The Department suggests the addition of an inspection and Municipal runoff from MS4 maintenance program for all Municipally own facilities. Pollution operator activities Prevention and Good Housekeeping Responses to the required improvements above, including a short plan for implementation, are due within 30 days of receipt of this letter. If you have any questions, please do not hesitate to contact me at (850)- 245-7523 or Candace.Richards@dep.state.fl.us. Thank you for doing a great job implementing your program. Sincerely, Candace Richards MS4 Phase II Coordinator NPDES Stormwater Program Cc: Steve Preston, Collier County Danette Kinaszczuk, Collier County DECEMBER 13, 1988 RESOLUTION NO. 88- zil RESOLUTION ESTABLISHING ANNUAL FEES RELATING TO SLUDGE TRANSPORTATION LICENSES AND SLUDGE DISPOSAL PERMITS; PROVIDING AN EFFECTIVE DATE WHEREAS, Collier County Ordinance No. 88- 100 has been adopted establishing a method for collection of fees for Sludge Transportation Licenses and.Sludge Disposal Permits; and WHEREAS, the Ordinance provides that the fees be established by resolution; and WHEREAS, it is deemed in the best interest of the County that fees should be established for review and processing of Sludge Transportation Licenses and Sludge Disposal Permits. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE - FEES. 1. The annual fees for a sludge transportation license shall be as follows: a. The fee for the first vehicle licensed shall be Twenty-five Dollars (;25.00) per year. b. The fee for each additional vehicle licensed shall be Ten Dollars (;10.00) per year. c. Any vehicle included on a valid Septage Disposal Service Permit issued by the Collier County Public Health Unit shall be exempt from the fee requirement. 2. The annual fees for a sludge disposal permit shall be One Hundred Dollars (;100.00) per year. 3. The fees for any modification to a permit shall be Fifty Dollars ($50.00) per modification. SECTION TWO - EFFECTIVE DATE. This Resolution shall become effe-tive upon the effective date of Collier County Ordinance No. 8t -inn . Page 1 of 2 DECEMBER 13, 1988 This Resolution adopted after motion, second and majority vote. DATED: December 13, 1988 ARTESTs . -JAMES C. GELES;,Clerk AA Approved as to form and egal sufficienc : ark G. LaW80 Assistant my Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA )rURT L. sAUNDERs, chairmanL. SAUNDERS, Chairman � 3i-19. A Page 2 of 2 ORDINANCE NO. 2018 - AN ORDINANCE PROVIDING FOR ESTABLISHMENT OF A WATER POLLUTION CONTROL AND PREVENTION ORDINANCE, PROVIDING FOR REPEAL OF ORDINANCE NO. 87-79, AS AMENDED, AND RESOLUTION NO. 88-311; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article VIII of the Constitution of Florida authorizes Florida counties to exercise broad home rule powers; and WHEREAS, Section 125.01 (1), F.S., provides that the legislative and governing body of a County shall have the power to carry on County government and that said power includes, but is not restricted to, a number of powers set forth in Section 125.01, so long as any powers exercised are not inconsistent with general or special laws; and WHEREAS, Section 125.01(1)(t), F.S., provides that a county may adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and WHEREAS, Sections 125.01(3)(a) and (b), F.S., recognize that the enumeration of powers in Section 125.01(1), F.S., incorporates all implied powers necessary or incident to carry out those powers and that Section 125.01, F.S., shall be liberally construed in order to effectively carry out the purpose of the section and to secure for counties the broad exercise of home rule powers authorized by the State Constitution; and In 1984 in order to establish a pollution control program, Collier County approved the levy of one-tenth of a mill, and in 1988 in order to protect Collier County's water resources for all pollutants, Collier County approved a county -wide referendum that maintained the county -wide millage of one-tenth of a mill as described in Ordinance No. 89-20; and WHEREAS, pursuant to Chapter 403, F.S. and its authority in Section 125.01, F.S., the Board enacted Ordinance No. 87-79, as amended, Transportation and Disposal of Sludge, and 89- 20, Collier County Water Pollution Control Ordinance; and WHEREAS, the Board desires to supplement and amend these Ordinances and enhance its enforcement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County adopts an ordinance that reads as follows: 04/25/2018 Page 1 of 20 Article L GENERAL Section 1: Title and Citation This Ordinance shall be known as and maybe cited as "The Collier County Water Pollution Control and Prevention Ordinance." Section 2: Findings The Board of County Commissioners hereby makes the following findings: A. It is necessary to regulate activities that have the potential to create hazards or public nuisances, pollute or otherwise adversely affect the quality of groundwater, surface waters, or other natural resources of Collier County; and those activities are defined herein; B. The Board recognizes that Collier County and its residents rely on groundwater and surface water for drinking water supplies and that certain land uses can contaminate ground and surface water; C. Thirty-three percent of Collier County's surface waterbodies currently are verified as impaired by the Florida Department of Environmental Protection (FDEP); D. Total Maximum Daily Loads have been assigned by FDEP. The Board recognizes it is in Collier County's best interest to prevent further degradation of our waterbodies and water supplies; E. Collier County has a Phase II National Pollution Discharge Elimination System Municipal Separate Storm Sewer System (MS4) Permit. Collier County's MS4 permit and Chapter 62-624 F.A.C. require a regulatory mechanism for the detection and elimination of non- stormwater discharges; F. Because private Stormwater Management systems generally outfall to Collier County's or a municipality's MS4 and therefore affect the MS4's water quality, it is in the best interest of Collier County to regulate the water quality discharging from those private systems. G. Collier County is an area that depends on tourist's dollars and the quality of Collier County's water and other natural resources directly impacts Collier County's economic sustainability and growth; H. In 1984, in order to establish a pollution control program, Collier County approved the levy of one-tenth of a millage after a County -wide referendum, and in 1988 in order to protect Collier County's water resources for all pollutants, the residents of Collier County approved the maintenance of the millage of one-tenth of a mill by County -wide referendum as described in Ordinance No. 89-20; 04/25/2018 Page 2 of 20 I. Section 163.3177(6)(d)2.b. F.S. requires local governments through its Growth Management Plan "to protect the quality and quantity of current and projected water sources and waters that flow into estuarine waters or oceanic waters and protect from activities and land uses known to affect adversely the quality and quantity of identified water resources." J. Section 403.182 F.S. allows local governments to adopt Ordinances relating to local pollution control programs that are "stricter or more extensive than those imposed by this Act [the Florida Air and Water Pollution Control Act in Section 403.011, et seq. F.S.]." K. This ordinance supports goals and objectives of the Drainage Sub -Element and the Natural Groundwater Aquifer Recharge Sub -Element, of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, the Watershed Management Plan, and the Floodplain Management Plan. Section 3: Intent It is the intent of Collier County to allow for growth while protecting, preserving, and restoring our groundwater, surface waters, and other natural resources through monitoring, pollution prevention, education, and restoration programs. This ordinance authorizes Collier County with the right but not the duty to enforce all relevant state regulations in addition to local Ordinances. Relevant state regulations include but are not limited to: A. Water: Chapter 62-43 F.A.C. Surface Water Improvement And Management Act; Chapter 62-302 F.A.C. Surface Water Quality Standards; Chapter 62-303 F.A.C. Identification of Impaired Surface Waters; Chapter 62-304 F.A.C. Total Maximum Daily Loads; Chapter 62-520 F.A.C. Ground Water Classes, Standards, And Exemptions; Chapter 62-522 F.A.C. Ground Water Permitting And Monitoring Requirements; Chapter 62-532 F.A.C. Water Well Permitting And Construction Requirements; Chapter 62-555 F.A.C. Permitting, Construction, Operation, and Maintenance of Public Water Systems; Chapter 62-762 F.A.C. Aboveground Storage Tanks; Section 403.067 F.S., Establishment and Implementation of Total Maximum Daily Loads. B. Waste Materials: Chapter 62-710 F.A.C. Used Oil Management; Chapter 62-701 F.A.C. Solid Waste Management Facilities; Chapter 62-730 F.A.C. Hazardous Waste; Chapter 62- 740 F.A.C. Petroleum Contact Water. C. Stormwater: Chapter 62-25 F.A.C. Regulation of Stormwater Discharge; Chapter 62-621 F.A.C. Generic Permit for Discharge of Stormwater from Phase II Municipal Separate Storm Sewer Systems; Chapter 62-624 F.A.C. Municipal Separate Storm Sewer Systems. D. Wastewater: Chapter 62-600 F.A.C. Domestic Wastewater Facilities; Chapter 62-604 F.A.C. Collection Systems and Transmission Facilities; Chapter 62-610 F.A.C. Reuse of Reclaimed Water and Land Application; Chapter 62-640 F.A.C. Biosolids; Chapter 62-699 F.A.C. Treatment Plant Classification and Staffing; 64E-6 F.A.C. Standards for Onsite Sewage Treatment and Disposal Systems. 04/25/2018 Page 3 of 20 E. Clean Up Requirements: Chapter 62-770 F.A.C. Petroleum Contamination Site Cleanup Criteria; Chapter 62-625 F.A.C. Pretreatment Requirements for Existing and other Sources of Pollution; Chapter 62-777 F.A.C. Contaminant Cleanup Target Levels; Chapter 62-780 F.A.C. Contaminated Site Cleanup Criteria; Chapter 62-782 F.A.C. Dry Cleaning Solvent Cleanup Criteria. F. Chapter 386 F.S., Particular Conditions Affecting Public Health. G. National Fire Protection Association 30: Flammable and Combustible Liquids Code; National Fire Protection Association 30A: Code for Motor Fuel Dispensing and Repair Garages; National Fire Protection Association 400: Hazardous Materials Code; Chapter 62-761 F.A.C. Underground Storage Tank Systems. H. Any orders issued by the state or federal government including orders issued by the Secretary of the Florida Department of Enviromnental Protection. Section 4: Applicability The provisions of this Ordinance shall apply to, and be enforced in, the unincorporated areas of Collier County. This Ordinance shall apply to, and be enforced in, any municipalities within Collier County that agree by resolution of the governing body of the municipality to have this Ordinance apply and be enforced in the municipality. Section 5: Definitions For purposes of this Ordinance, the definitions contained in this section shall apply unless otherwise specifically stated. Words used in the present tense include the future tense, words in the plural number include the singular, and words in the singular include the plural. The words "shall," "will," or "must' are always mandatory and not merely discretionary. Basin Management Action Plan (BMAP) shall be defined per Section 62-40.210 F.A.C., as it may be amended from time to time, which currently means the document that sets forth the activities, schedule, and funding sources by which point and nonpoint dischargers will reduce pollutants discharged to impaired waters and meet the total maximum daily load established for those waters. Best Management Practices (BMPs) shall mean structural and non-structural schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other practices to prevent or reduce pollution. Biosolids shall be defined per Chapter 62-640 F.A.C., as it may be amended from time to time, which currently means the solid, semisolid, or liquid residue generated during the treatment of domestic wastewater in a domestic wastewater treatment facility, formerly known as "domestic wastewater residuals" or "residuals." Not included is the treated effluent or reclaimed water from a domestic wastewater treatment plant. Also not included are solids removed from pump stations and lift stations, screenings and grit removed from the preliminary treatment components of domestic wastewater treatment facilities, other solids as defined in subsection 62-640.200(31), F.A.C., and ash generated during the incineration of biosolids. Biosolids include products and treated material from biosolids treatment facilities and septage management facilities regulated by the Department. [FDEP]. 04/25/2018 Page 4 of 20 Biosolids Management Facility shall be defined per Chapter 62-640 F.A.C., as it may be amended from time to time, which currently means a biosolids treatment facility, a septage management facility regulated by the Department [FDEP], or an application site. Biosolids Treatment Facility shall be defined per Chapter 62-640 F.A.C., as it may be amended from time to time, which currently means a facility that treats biosolids from other facilities for the purpose of meeting the requirements of this chapter, before use or land application. Biosolids treatment facilities can also treat domestic septage and combinations of biosolids, domestic septage, food establishment sludges, wastes removed from portable toilets, and wastes removed from holding tanks associated with boats, marinas, and onsite sewage treatment and disposal systems, before use or land application. Closely Regulated Facilities shall mean those facilities or property regulated by the provisions of this Ordinance or any FDEP rule cited herein. Collection/Transmission Systems shall be defined per Section 62-604.200 F.A.C., as it may be amended from time to time, which currently means sewers, pipelines, conduits, pumping stations, force mains, and all other facilities used for collection and transmission of wastewater from individual service connections to facilities intended for the purpose of providing treatment prior to release to the environment. Collier County Municipal Separate Storm Sewer System (CCMS4) shall mean the MS4 owned, operated, and maintained by Collier County. Commercial shall mean property devoted in whole or part to commerce, that is, the exchange and buying and selling of commodities or services. Commercial Sewage Waste shall be defined per Section 64E-6.002 F.A.C, as it may be amended from time to time, which currently means non-toxic, non -hazardous wastewater from commercial facilities. Examples of establishments included in this definition are commercial and institutional food operations, commercial laundry facilities with no more than 4 machines, and animal holding facilities. Construction Activity shall mean activities resulting in land development or redevelopment including but not limited to clearing and grubbing, grading, excavating, and demolition in any zoning district. Discharge shall mean any spilling, leaking, seeping, pouring, pumping, emitting, emptying, or dumping of a Pollutant. Domestic Wastewater shall be defined per Section 62-604.200 F.A.C., as it may be amended from time to time, which currently means wastewater derived principally from dwellings, business buildings, institutions, and the like, commonly referred to as sanitary wastewater or sewage. When industrial wastewater is combined with domestic wastewater for treatment, determination of whether the treatment plant is designated as domestic shall be in accordance with the definition of domestic wastewater provided in Rule 62-600.200, F.A.C. 04/25/2018 Page 5 of 20 EPA means the United States Environmental Protection Agency or its successor. FDEP means the Florida Department of Environmental Protection, or its successor Flow Through Stormwater Management Systems shall mean the portion of an otherwise publicly owned Stormwater Management System that passes through and serves a privately owned area and which the care and maintenance of that portion is the responsibility of a private entity. Groundwater shall be defined per Section 62-40.210 F.A.C., as it may be amended from time to time, which currently means the water beneath the surface of the ground, whether or not flowing through known and definite channels. Hazardous Substance shall be defined per Chapter 403.703, F.S., as it may be amended from time to time,which currently means any substance that is defined as a hazardous substance in the United States Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 94 Stat. 2767. Hazardous Waste shall be defined per Chapter 403.703, F.S., as it may be amended from time to time, which currently means solid waste, or a combination of solid wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. The term does not include human remains that are disposed of by persons licensed under chapter 497. Illicit Discharge shall mean substances not composed entirely of Stormwater that may directly or indirectly enter a Stormwater Management System or Waters of the State, except as exempted in Article 11, Section 2 and Article Ill, Section 3. Illicit Connection shall mean any physical connection, actual or potential flow discharge, or other condition that could allow non-Stormwater to enter a Stormwater Management System whether on the surface or subsurface. Regardless of whether the illicit connection had been previously allowed, permitted, or approved by an authorized enforcement agency or, any drain or conveyance connected from a commercial or industrial land use to the stonmwater system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency. Impaired Water shall be defined per Section 62-40.210 F.A.C., as it may be amended from time to time, which currently means a water body or water body segment that does not meet one or more of its designated uses due in whole or in part to discharges of pollutants, and has been listed as impaired by order of the Secretary in accordance with the procedures set forth in Chapter 62- 303, F.A.C. Industrial shall mean a business engaged in industrial production or service, that is, a business characterized by manufacturing or productive enterprise or a related service business. 04/25/2018 Page 6 of 20 Inspector means an individual designated by the Collier County Manager or his/her designee to administer and enforce this Ordinance. Municipal Separate Storm Sewer System (MS4) shall mean a publicly owned stormwater management system that consists of conveyances includingroads with drainage systems, detention ponds, retention ponds, catch basins, curbs, gutters, ditches, man-made channels, or storm drains designed or used for collecting, storing, treating, and/or conveying stormwater. National Pollutant Discharge Elimination System (NPDES) Stormwater Permit shall mean a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that regulates stormwater. Nonpoint Source Pollution shall mean pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources such as fertilizer. Onsite Sewage Treatment and Disposal System Transportation Permit (OSTDSTP) shall mean a permit issued by the State of Florida, Department of Health that gives approval to a person to transport liquid waste associated with food operations, domestic wastewater, or domestic septage within the boundaries of the State of Florida. Person shall mean any individual, association, organization, partnership, firm, joint venture, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Pollutant shall mean a substance that alters the chemical, physical, biological, thermal and/or radiological integrity of soil, stormwater, groundwater or surface water. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non -hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, nutrients; and fertilizers; hazardous substances and wastes; wastewater, sewage, septage, grease, portable toilet, and holding tank wastes, biosolids, and pathogens; sediment; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. Treated reclaimed water is not considered a pollutant. Private Stormwater Management System shall mean a stormwater management system owned by a non-public entity or individual. Reasonable Assurance Plan (RAP) shall mean a waterbody restoration program that ensures water quality standards will be restored as referenced in Chapter 62-306 F.A.C. Residential shall mean real property that is zoned for residential use including single family, multi -family and mobile home units, excluding property owned by property owner's associations. 04/25/2018 Page 7 of 20 Person Responsible for Site Rehabilitation (PRSR) shall mean the real property owner, the facility owner, the facility operator, the discharger, or other person or entity responsible for site rehabilitation. Septage shall be defined per Chapter 62-640 F.A.C., as it may be amended from time to time, which currently means a mixture of sludge, fatty materials, human feces, and wastewater removed during pumping of an onsite sewage treatment and disposal system. Excluded from this definition are the contents of portable toilets, holding tanks, and grease interceptors. Septage Management Facility shall be defined per Chapter 62-640 F.A.C., as it may be amended from time to time, which currently means a stationary facility that treats only domestic septage or combinations of domestic septage, food establishment sludges, wastes removed from portable toilets, and wastes removed from holding tanks associated with boats, marinas, and onsite sewage treatment and disposal systems, before use or land application. Sewage shall mean domestic wastewater and/or commercial sewage waste. Site Specific Alternative Criteria (SSAC) shall mean a water quality criterion developed for a particular waterbody or segment of a waterbody, designed to more accurately reflect site specific conditions, and adopted by FDEP. Sludge shall be defined per Chapter 403.703, F.S., as it may be amended from time to time, which currently means includes the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. Stormwater shall be defined per Section 62-40.210 F.A.C., as it may be amended from time to time, which currently means the water that results from a rainfall event. Stormwater Management shall mean the use of structural or non-structural practices that are designed to reduce stormwater runoff pollutant loads, discharge volumes, and/or peak flow discharge rates. Stormwater Management System (SMS) shall mean either or both of the public or privately owned systems of conveyances including roads with drainage systems, detention ponds, retention ponds, catch basins, curbs, gutters, ditches, man-made channels, or storm drains designed or used for collecting, storing, treating, and/or conveying stormwater. Stormwater Pollution Prevention Plan (SWPPP) shall mean a document which describes the best management practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater systems, surface waters, groundwater and/or receiving waters. Stormwater Runoff shall mean any surface water flow, runoff, and drainage consisting entirely of water from any form of natural precipitation, and resulting from precipitation. 04/25/2018 Page 8 of 20 Surface Water shall be defined per Section 373.019, F.S., as it may be amended from time to time, which currently means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits from the spring onto the earth's surface. Total Maximum Daily Load (TMDL) shall be defined per Section 403.031, F.S., as it may be amended from time to time, which currently means the sum of the individual wasteload allocations for point sources and the load allocations for nonpoint sources and natural background. Prior to determining individual wasteload allocations and load allocations, the maximum amount of a pollutant that a water body or water segment can assimilate from all sources without exceeding water quality standards must first be calculated. Transporter shall mean a person or business that transports sewage, septage, grease, or biosolids within Collier County. Transporters include those licensed by Collier County and those permitted by the Florida Department of Health. Transportation License (TL) shall mean a license issued by Collier County that gives approval to transport sewage, septage, grease, or biosolids within the boundaries of Collier County. Type I Wastewater Treatment Facility shall be defined per Section 62-600.200 F.A.C., as it may be amended from time to time, which currently means a wastewater facility having a permitted capacity of 500,000 gallons per day or greater. Type H Wastewater Treatment Facility shall be defined per Section 62-600.200 F.A.C., as it may be amended from time to time, which currently means a wastewater facility having a permitted capacity of 100,000 up to but not including 500,000 gallons per day. Type III Wastewater Treatment Facility shall be defined per Section 62-600.200 F.A.C., as it may be amended from time to time, which currently means a wastewater facilityhaving a permitted capacity of over 2,000 up to but not including 100,000 gallons per day. Wastewater Treatment Facility shall be defined as a Type I, Type II or Type III Wastewater Treatment Facility. Wastewater shall be defined per Section 62-604.200 F.A.C., which means the combination of liquid and water -carried pollutants from residences, commercial buildings, industrial plants, and institutions together with any groundwater, surface runoff or leachate that may be present. Article H. GENERAL POLLUTION CONTROL AND PREVENTION Section 1: Prohibitions Discharge of Pollutants is prohibited. It shall be unlawful for any Person or governmental entity to Discharge or cause to be Discharged Pollutants into any Surface Water, canal, bay, lagoon, estuary; or other waterway, lake, pond, drainage ditch, groundwater, wetland, onto the ground, or into a Stormwater Management System (SMS). 04/25/2018 Page 9 of 20 Section 2: Exemptions A. Herbicide application in a manner compliant with Best Management Practices (BMP), label instructions, and by a licensed applicator for treatment of algae or aquatic plants in lakes, ponds, or drainage ditches shall not be considered a Pollutant Discharge. B. Fertilizer application in a manner compliant with local ordinances, BMPs, label instructions, and per FDEP's Green Industries Best Management Practices, in areas that are not in or upstream of impaired waterbodies. C. A Pollutant Discharge resulting from the wash down of a motor vehicle accident scene, if ordered by the incident commander to ensure public safety, shall not be considered a Pollutant Discharge. However, the wastes from the wash down need to be disposed of properly by the Person Responsible for Site Rehabilitation (PRSR). D. A sheen resulting from minimal discharge of fuel or lubricating oil from the accidental sinking or foundering of a small vessel, provided the PRSR undertakes or arranges for salvage within 1 hour of knowledge of the incident. 9:E Aquifer recharge projects consisting of rainwater, treated stormwater or reclaimed water are not considered pollutant Discharges. Section 3: Requirements to Prevent, Control, and Reduce Pollutants by the Use of Best Management Practices. The owner or operator of a Commercial or Industrial facility/activity or owner of Residential property shall provide, at their own expense, reasonable protection from accidental Discharge of Pollutants or other wastes into the environment through the use of structural and non-structural BMPs. Further, any owner or operator responsible for a property or premises, which is the source of an Illicit Discharge, may be required by Collier County to implement additional structural and non-structural BMPs to prevent the further Discharge of Pollutants. Article III. POLLUTION PREVENTION AND MAINTENANCE OF STORMWATER MANAGEMENT SYSTEMS Section 1: All Activities A. Any Discharge into the Collier County Municipal Separate Storm Sewer System (CCMS4) shall meet all applicable local and state water quality standards, TMDLs, BMAPs, and SSAC. The County may require more restrictive quality standards in certain areas dependent on the water quality of downstream water bodies. B. Every Person owning property with a private SMS or with a Flow Through SMS shall maintain the SMS, including structures, as permitted; and free of debris, excessive 04/25/2018 Page 10 of 20 vegetation, sediment, obstacles or anything that would pollute, contaminate, or significantly retard the flow of water through the private SMS. Section 2: Prohibitions A. Illicit Connections are prohibited. 1. The construction, use, maintenance or continued existence of Illicit Connections to a SMS shall be prohibited. 2. This prohibition expressly includes, without limitation, Illicit Connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 3. A Person shall be in violation of this ordinance if the person or business connects a line conveying any substance, other than rainwater, to a SMS, or allows such a connection to continue. 4. A Person shall be in violation if the Illicit Connection is re-established without the prior approval of Collier County. B. Suspension due to Illicit Discharges Emergency Situations. Collier County may, without prior notice, order the immediate termination or suspension of any activity if it presents an imminent and substantial danger to health and safety, the environment or a SMS. If the violator fails to comply with a suspension order issued in an emergency, the local governmental entity or enforcement agency with jurisdiction as determined by the local governmental entity or enforcement agency may take such steps as deemed necessary to prevent or minimize damage to the environment or to minimize danger to Persons. Section 3: Exemptions The following are exempt from this Article: I. Discharges specified in writing by a governmental agency with jurisdiction as being necessary to protect public health and safety. 2. Dye testing after written notification to the authorized enforcement agency. 3. Any non-stormwater Discharge permitted under a NPDES permit, waiver, or waste discharge order issued to the discharger and administered under the authority of the EPA, provided that the discharger is in full compliance with all requirements of the permit, waiver, or order and other applicable laws and regulations, and provided that written approval has been granted by the EPA for any Discharge to the SMS. 4. The following discharges, provided it does not cause a violation of water quality standards: neutralized potable or reclaimed water line flushing; diverted stream flows; rising ground water; ground water infiltration to storm drains; uncontaminated pumped ground water; foundation or footing drains (not including 04/25/2018 Page 11 of 20 active Groundwater dewatering systems); crawl space pumps; air conditioning condensation; springs; non-commercial washing of vehicles or boats using non- toxic, non -hazardous, biodegradable, phosphate free cleaners; natural riparian habitat or wet -land flows; neutralized swimming pools; firefighting activities; and any other water source not containing Pollutants. It is the responsibility of the discharger to prove the Discharge does not contain Pollutants. Section 4: Proof of Compliance with Permit A. Any Person subject to a NPDES stormwater discharge permit shall provide proof of compliance with said permit upon request in a form acceptable to Collier County prior to the allowing of Discharges to the MS4 and at anytime thereafter. Article IV. SEWAGE, SEPTAGE, GREASE, BIOSOLIDS, AND TRANSPORTATION OF THOSE MATERIALS Section 1: Prohibitions A. It shall be unlawful for any Person to transport Sewage, Septage, grease, or Biosolids without first having obtained a Transportation License (TL) for vehicles and trailers unless exempt under Article IV, Section 2 of this Ordinance. Rental vehicles and trailers are required to be licensed. B. It shall be unlawful for any Person to accept or process Sewage, Septage, grease, or Biosolids regardless of amount without first having obtained permits, and/or applicable development orders, from the state regulatory agency and Collier County, or providing proof of exemption. C. Biosolids. 1. It shall be unlawful to dispose of Biosolids anywhere other than a facility approved by federal, state and local regulations. 2. It shall be unlawful for any Person to operate, modify, or expand any Biosolids management or Biosolids treatment facility in Collier County without first having obtained a valid permit from FDEP. Section 2: Exemptions A. If a Transporter currently possesses a valid Onsite Sewage Treatment and Disposal System Transportation Permit (OSTDSTP), then Collier County waives the TL requirement. The Transporter must famish a copy of their OSTDSTP to Collier County within 10 days of request by Collier County. Transportation within Collier County must cease immediately upon revocation of an OSTDSTP. B. Transportation vehicles or trailers that are utilized in a declared state of emergency are exempted from the TL requirement. However, vehicles or trailers used during a declared state of emergency must be water tight. C. Persons that transport four cubic yards or less per one-way trip of a dewatered Sewage, Septage, grease, or Biosolids material are exempted from the TL requirement if the material is being hauled to a Class I landfill. 04/25/2018 Page 12 of 20 D. Class AA Biosolids are exempt from Article IV. Section 3: Transportation License A. An applicant shall submit an application for a TL through Collier County, B. A TL may be issued by Collier County after the applicant has demonstrated that all of the following requirements are met: 1. Signed application, notarized statement, occupational license and monthly reports from the previous 12 months, if applicable, have been received and approved by Collier County. 2. Passing a vehicle or trailer inspection shall be conducted by Collier County staff; to verify compliance with Sections 4.A. 1 and 2 of this Article. This inspection shall be scheduled by the applicant, conducted prior to material being hauled, and may be required to be conducted within the boundaries of Collier County. 3. The vehicle or trailer displays the applicant's name, telephone number in at least three inch high letters and assigned TL numbers on the driver's side, passenger side, and rear of the vehicle. 4. After the application is deemed complete and approved by Collier County, Collier County shall issue the license and may deliver it to applicant by electronic transmission such as email. Section 4: Transportation License Conditions A. The licensee shall be subject to the following conditions for the duration of the TL: 1. All vehicles and trailers used to transport Sewage, Septage, grease, or Biosolids shall be maintained so that they remain product tight and do not spill or leak. The vehicles or trailers shall have a functional tarp or top. 2. The licensee's name, TL number, and telephone number shall be displayed in at least three inch high letters on the driver's side, passenger side, and rear of the vehicle. 3. All licensees will maintain accurate daily records of the amounts of Sewage, Septage, grease, and Biosolids transported on a daily basis and submit these reports to Collier County. Failure to submit monthly reports by the 15th of the following month may result in license revocation. 4. The TL shall be valid for 12 months, and requires annual renewal and inspection in accordance with Section 3. 5. Any licensee who Discharges anywhere within the boundaries of Collier County, shall immediately report the Discharge to Collier County. 6. Penalties for operating in Collier County without a TL are described in Article VIII, Section 5. 7. The licensee shall give written notice to Collier County within 5 business days of any changes to the information submitted in the application package. 8. Failure to meet any of the above conditions shall result in TL revocation for up to 12 months. 04/25/2018 Page 13 of 20 Section 5: Annual License Fee There will be no fee associated with the TL. Section 6: Otherwise Unpermitted Sewage Facilities This section is for those facilities that receive or process Sewage, Septage, grease, portable toilet, and holding tank wastes, and/or Biosolids that are not required to obtain a permit or have been exempted by a state regulatory authority. A. Facilities not permitted by a state agency must have a pre-treatment permit if within the Collier County Water -Sewer District (CCWSD) and if the facility Discharges to the CCWSD Collections System. B. Collier County shall have the right to enter these facilities with reasonable notice for the purpose of determining compliance. Article V. WASTEWATER TREATMENT FACILITIES AND PRIVATELY OWNED SEWAGE COLLECTION AND TRANSMISSION SYSTEMS Section 1: Wastewater Treatment Facilities and Associated Collections/Transmission Systems Wastewater Treatment Plants are permitted and regulated by FDEP. With the exception of Collier County facilities, Pollution Control may inspect Wastewater Treatment Plants and report the findings to the FDEP. Section 2: Private Sewage Collection and Transmission Systems Septic systems are not considered private Sewage Collection and Transmission Systems. A. Private Sewage collection and transmission systems, including but not limited to lateral lines, clean outs, and lift stations, must be maintained so that backups and sanitary sewer overflows do not occur. B. All private lift station wells must be locked or the entire private lift station must be fenced and locked. C. The owner of private Sewage collection and transmission systems must have a maintenance agreement with a licensed contractor that responds twenty-four hours per day, seven days per week, three hundred and sixty five days per year. D. The maintenance contractor's name and contact information must be posted on all private lift stations and reported to Collier County Pollution Control within five business days if the contractor or contact information changes. Article VI. WATER QUALITY EVALUATION AND MONITORING Section 1: Water Quality Monitoring 04/25/2018 Page 14 of 20 A. Groundwater: Collier County will select, evaluate and refine a network of Groundwater monitoring sites. Pollution Control shall collect groundwater samples and evaluate Groundwater data.. B. Surface Water: Collier County will select, evaluate and refine a monitoring network of surface water sites that best represent the ambient conditions within the unincorporated areas that do not fall under state jurisdiction. Collier County shall collect surface water samples and evaluate surface water data. C. Collier County may perform water quality monitoring within any municipality within Collier County that agrees by resolution under Article 1, Section 4, and that agrees to pay Collier County for the cost of monitoring within the municipality. At its discretion, Collier County may perform water quality monitoring on any property for any Person that agrees to pay Collier County for the cost of monitoring on said property. Section 2: Monitoring Of Stormwater Discharges This section applies to all facilities that have stormwater discharges associated with Industrial, commercial, Residential, or Construction Activity and— will become effective if permit requirements are not being met or reasonable BMPs are not being implemented If a private SMS discharges to the CCMS4 that is declared impaired by FDEP or is upstream of an Impaired Waterbody, or the downstream waterbody has an adopted TMDL, Reasonable Assurance Plan, BMAP, or SSAC, the discharger may be required to monitor the water at the relevant outfall at the County's discretion to determine if the discharger is meeting the established criteria and not causing any further impairment. Further, the discharger may be required to reduce the pollutant load being Discharged to the greatest extent possible from the private SMS to the CCMS4. Article VII. WATER SUPPLY WELLS Section 1: General Well construction is regulated under Collier County Code of Laws and Ordinances Chapter 90 Natural Resources. Failure to comply with Chapter 90 Natural Resources shall be a violation of this ordinance. Section 2: Public Water Supply Wells Public water supplies are regulated by Collier County Land Development Code Section 3.06.00 Groundwater Protection, as amended. Failure to comply with LDC Section 3.06.00 shall be a violation of this ordinance. Section 3: Private Water Supply Wells 04/25/2018 Page 15 of 20 To protect Residential private wells and those wells in proximity, Discharges of Pollutants onto the ground and into Groundwater or Surface Waters are prohibited. Article VIII. RIGHT TO ENTER, ENFORCEMENT AND FEES Section 1: Authority to Enter and Inspect A. Right of inspection. This Section provides an adequate substitute for notice by limiting the place, time and scope of inspections. Inspections of Closely Regulated Facilities may take place without prior notice during normal business hours as defined below for the purpose of determining compliance with pollution regulations. Inspections of Closely Regulated Facilities may take place outside normal business hours; however, access would be granted by the owner or by legal authorization. 1. It shall constitute a violation of this Section to hamper or interfere with an Inspector's official duties. 2. Inspectors shall identify themselves as Collier County Inspectors to owners, operators, or designated representative(s) present during the inspection. 3. Inspection reports: Inspectors shall record relevant field observations. Upon request, copies of inspection reports and/or results of laboratory analyses for samples collected by an Inspector may be sent to the owner or operator. 4. Inspection of Closely Regulated Facilities: a. Inspectors are authorized to inspect Closely Regulated Facilities at any time between 8:00 a.m. and 5:00 p.m., Monday through Friday, without prior notice for the purpose of determining compliance with this Section and other ordinances, regulations, and permit requirements that govern pollution. The Inspector may inspect the premises and all devices, contrivances, processes, or operations relevant to the Discharge of Pollutants to Surface Water, Groundwater, the ground surface or Stormwater. b. Inspection of Closely Regulated Facilities may be made at times other than those described in subsection A.4.a of this section, with the owners' or operator's permission or legal authorization. c. Inspections shall be made for the purpose of determining compliance with this Ordinance, and FDEP or Collier County permits and permit conditions, and consent orders and BMPs. The scope of all compliance inspections shall be limited to these purposes. 04/25/2018 Page 16 of 20 d. Failure to provide access: Failure of an owner or operator of a Closely Regulated Facility to provide the County Manager or his/her designee with immediate access to the facility shall be a violation of this Ordinance. 5. Inspection warrants. At times other than specified in this Section, and at facilities and other properties that do not require permits and are not otherwise closely regulated, inspection can be made by consent or by means otherwise available by law. If consent is denied, Inspectors may obtain an inspection warrant pursuant to Florida Statutes. 6. Search warrants. If statutory grounds exist, or if there is probable cause to suspect a criminal violation, Inspectors may contact the appropriate law enforcement personnel to obtain a search warrant and may aid the officer, if required pursuant to Florida Statutes. B. Compliance testing Inspectors shall be authorized to obtain sample(s) or conduct test(s) or order owners or operators to obtain sample(s) or conduct test(s) to determine compliance with this article. 2. The responsibility to provide adequate sampling locations shall rest upon the owner of the premises. 3. All compliance testing shall be conducted in accordance with Chapter 62-160, F.A.C., which defines quality assurance and quality control activities. C. Operating records required A Person responsible for the operation of any facility that may be a source of Discharge of Pollutants, shall conduct such tests and maintain such records as prescribed by the County Manager or his/her designee to give evidence that any discharges are in compliance with this Ordinance. Such test data and records shall include the monitoring data available unless otherwise specified in writing by the County Manager or his/her designee. Such test data and operating records shall be available at all times for inspection by the County Manager or his/her designee, and reports that contain these records and data shall be filed with the County Manager or his/her designee upon request. 2. Copies of all records that are required to be maintained at the facility by FDEP regulation, EPA regulation, or County ordinance shall be available for inspection at all times. D. Corrective actions and documentation. Parties responsible for violations of this Ordinance shall take corrective actions to return the property to compliance within the timeframe specified by the County Manager or his/her designee and provide records documenting 04/25/2019 Page 17 of 20 actions as directed by the County Manager or his/her designee. Failure to provide records or documentation directed pursuant to this this Ordinance is a violation of this article. E. Temporary disconnection of water service. The County Manager or his/her designee is authorized to order the water purveyor to cease water service to a connection where continued water service will allow an Illicit Discharge to continue unabated by the responsible party or party occupying a subject property. This action is only authorized to abate a situation that poses a risk to public health, safety, and welfare as determined by the County Manager or his/her designee, such as Sewage, Septage, or septic tank system discharge in areas of public access, or where the water service is to a Commercial or Industrial business or facility, with the exception of a medical service facility. The property owner or responsible party shall commence mitigation, as approved by the County Manager or his/her designee, of the Illicit Discharge within one hour of notification by the County Manager or his/her designee. When the Illicit Discharge remains unmitigated, the water purveyor shall, within one hour of notification by the County Manager or his/her designee, discontinue such water service. The water purveyor shall, within one hour of notification by the County Manager or his/her designee, reinstate water service, provided the purveyor has no cause to withhold service. The water customer shall be responsible for any fees for the disconnection or resumption of water service charged by the water purveyor. Section 2: Remediation A. Any Discharge of Pollutants must be reported to Collier County Pollution Control and, if applicable, to the state regulatory agency. B. Any Discharge of Pollutants must be remediated by the PRSR. C. The PRSR shall take action to ensure no reoccurrence, including but not limited to, implementing additional or amending BMPs. D. Ongoing or intermittent pollution that causes one-time pollution at a level less than the soil or water cleanup target levels or surface water quality standards set forth in Chapter 62- 770 F.A.C. Petroleum Contamination Site Cleanup Criteria; Chapter 62-777 F.A.C. Contaminant Cleanup Target Levels; Chapter 62-780 F.A.C. Contaminated Site Cleanup Criteria; Chapter 62-782 F.A.C. Dry Cleaning Solvent Cleanup Criteria; and Chapter 62- 302 F.A.C. Surface Water Quality Standards or in TMDLs, BMAPs or SSAC, shall be analyzed on a case by case basis to determine if it is causing a cumulative pollution problem. This determination shall be made by Collier County using the best available science. If it is determined that a cumulative pollution problem exists, the PRSR shall be required to cease discharging and remediate affected areas. E. PRSR failure to clean up and/or prevent pollution is a violation of this ordinance. Collier County has the right but not the duty to contract for remediation and bill the PRSR, provided the County gives the PRSR 3 days prior written notice to commence clean up and the PRSR fails to do so. Section 3: Fees 04/25/2018 Page 18 of 20 Any associated fees are in accordance with the Land Development Code, Growth Management Department Fee Schedule and the Collier County Water -Sewer District's rate resolutions. Section 4: Compliance with State and Federal Permits The issuance of a license in accordance with the provisions of this Ordinance is not intended to preclude the right or authority of any other State or Federal agency from requiring separate permits in accordance with rules and regulations of that agency. In a case where multiple permits are required, the most stringent stipulations and requirements of each permit shall govern the work permitted under this Ordinance. Section 5: Penalties If any person, firm or corporation, whether public or private, or other entity fails or refuses to obey or comply with or violates any of the provisions of this Ordinance, such person, firm, corporation or other entity, upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed Sixty (60) days in the County Jail, or both, in the discretion of the court. Each violation or non- compliance shall be considered a separate and distinct offense. Further, each day of continued violation or non-compliance shall be considered as a separate offense. Nothing herein contained shall prevent or restrict the County from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or con - compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages. Further, nothing in this Section shall be construed to prohibit the County from prosecuting any violation of this Ordinance by means of a Code Enforcement Board or Special Magistrate established pursuant to the authority of Chapter 162, F.S. and Ordinance No. 2010-4. All remedies and penalties provided for in this Section shall be cumulative and independently available to the County and the County shall be authorized to pursue any and all remedies set forth in this Section to the full extent allowed by law. SECTION TWO: REPEAL OF ORDINANCES NO. 87-79, AS AMENDED AND RESOLUTION NO. 88-311 Collier County Ordinance No. 87-79, Transportation and Disposal of Sludge, and all amendments thereto and Resolution No 88-311, establishing fees, are hereby repealed in their entirety. SECTION THREE: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by a 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. 04/25/2018 Page 19 of 20 SECTION FOUR: INCLUSION IN CODE OF LAWS AND ORDINANCES This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section", "Article", or any other appropriate word. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Secretary of the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, on this the day of 12018. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: , Deputy Clerk Approved as to form and legality: Heidi Ashton-Cicko Managing Assistant County Attorney 04/25/2018 Page 20 of 20 , Chairman