The URL can be used to link to this page

DSAC Agenda 03/01/2021 (revised)co Ier C: v014 4ty Growth Management Department Development Services Advisory Committee Meeting Wednesday, March 3, 2021 3:00 pm 2800 N. Horseshoe Dr. Naples, FL 34104 Growth Management Department Conference Rooms 609/610 If you have any questions or wish to meet with staff, please contact Trish Mill at 252-8214 CO vw C01414ty Growth Management Department Development Services Advisory Committee Wednesday, March 3, 2021 3:00 pm 2800 N. Horseshoe Dr., Naples, FL 34104 Growth Management Building, Conference Rooms 609/610 NOTICE: AS PART OF AN ONGOING INITIATIVE TO PROMOTE SOCIAL DISTANCING DURING THE COVID-19 PANDEMIC, THE PUBLIC WILL HAVE THE OPPORTUNITY TO PROVIDE PUBLIC COMMENTS REMOTELY, AS WELL AS IN PERSON, DURING THIS PROCEEDING. INDIVIDUALS WHO WOULD LIKE TO PARTICIPATE REMOTELY, SHOULD REGISTER ANY TIME AFTER THE AGENDA IS POSTED ON THE COUNTY WEBSITE WHICH IS 6 DAYS BEFORE THE MEETING THROUGH THE LINK PROVIDED, LISTING THE TOPIC THEY WISH TO ADDRESS. INDIVIDUALS WHO REGISTER WILL RECEIVE AN EMAIL IN ADVANCE OF THE PUBLIC HEARING DETAILING HOW THEY CAN PARTICIPATE REMOTELY IN THIS MEETING. FOR ADDITIONAL INFORMATION ABOUT THE MEETING, PLEASE CALL TRISH MILL AT (239) 252-8214 OR REGISTER AT: http://bit.ly/DSACSpeakerRegistrationMarO32021 THIS LINK CAN ALSO BE USED FOR THOSE THAT WOULD LIKE TO VIEW THE MEETING BUT NOT SPEAK. CHOOSE THE FIRST OPTION "I DO NOT WISH TO SPEAK- VIEWING ONLY" AS YOUR AGENDA ITEM. Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time. 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 mute your audio if you have not been recognized by the Chairman to speak or 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. For more information please contact Trish Mill at (239) 252-8214 or Patricia. Mil l@colliercountyfLgov Agenda: 1. Call to order - Chairman 2. Approval of Agenda 3. Approval of Minutes: a. DSAC Meeting— February 3, 2021 4. Public Speakers 5. Staff Announcements/Updates a. Code Enforcement Division — [Mike Ossorio] b. Public Utilities Department — [Eric Fey or designee] c. Growth Management Dept. Transportation Engineering Division — [Jay Ahmad or designee] d. Collier County Fire Review — [Shar Beddow or Shawn Hanson] e. North Collier Fire Review — [Chief Sean Lintz or Deputy Director Daniel Zunzunegui] f. Operations & Regulatory Mgmt. Division — [Ken Kovensky] g. Development Review Division — [Matt McLean] h. Zoning Division — [Anita Jenkins or designee] 6. New Business a. Amendment to the Collier County Water Sewer District Utilities standards including Article III Utilities Standards and Procedures, Design Criteria, Appendix D, and associated Technical Specifications, as amended. 7. Old Business 8. Committee Member Comments 9. Adjourn FUTURE MEETING DATES: April 7, 2021— 3:00 pm May 5, 2021— 3:00 pm June 2, 2021— 3:00 pm For more information please contact Trish Mill at (239) 252-8214 or Patricia.Mill@colliercountvfl.gov February 3, 2021 MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE MEETING Naples, Florida, February 3, 2021 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 Chairman: Blair Foley David Dunnavant (via Zoom) James E. Boughton Clay Brooker Chris Mitchell (via Zoom) Robert Mulhere Mario Valle (Excused) Norman Gentry (via Zoom) Marco Espinar Laura Spurgeon DeJohn Jeremy Sterk (via Zoom) Jeff Curl John English Mark McLean ALSO PRESENT: Patricia Mill, Operations Manager, Staff Liaison Eric Fey, Sr. Project Manager, Public Utilities Jeremy Frantz, LDC Manager Mike Ossorio, Director, Code Enforcement Division Jay Ahmad, Director, Transportation Engineering Matt McLean, Director, Development Review Rich Long, Director, Plans Review and Inspections Ken Kovensky, Director, Operations and Regulatory Management Richard Henderlong, Principal Planner February 3, 2021 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. 1. Call to Order - Chairman Chairman Varian called the meeting to order at 3:00 p.m. Mr. Foley moved to allow Mr. Mitchell, Mr. Sterk, Mr. Dunnavant and Mr. Gentry to participate in the meeting remotely due to an extraordinary circumstance. Second by Mr. Curl. Carried unanimously 10 — 0. 2. Approval of Agenda Mr. Curl moved to approve the Agenda. Second by Mr. Mulhere. Carried unanimously 14 - 0. 3. Approval of Minutes a. DSAC Meeting - December 2, 2020 Mr. Brooker moved to approve the minutes of the December 2, 2020 meeting as presented. Second by Mr. Mulhere. Carried unanimously 14 — 0. b. DSAC LDR Subcommittee Meeting — December 15, 2020 (Subcommittee Members only) Mr. Curl moved to approve the minutes of the December 2, 2020 meeting as presented. Second by Mr. Foley. Carried unanimously 5 - 0. 4. Selection of Chair and Vice Chair Mr. Mulhere moved to appoint William Varian as Chairman of 'the Development Services Advisory Committee. Second by Mr. Brooker. Carried unanimously 14 — 0. Mr. Varian moved to appoint Blair Foley as Vice Chairman of the Development Services Advisory Committee. Second by Mr. Mulhere. Carried unanimously 14 — 0. 5. Public Speakers None 6. Staff Announcements/Updates a. Code Enforcement Division update — Mike Ossorio Mr. Ossorio provided the report "Code Enforcement Division Monthly Report December 22, 2020 January 21, 2021 Highlights" for information purposes. He noted: • The Quality Assurance and Quality Control efforts continue in the Division with scoring at a 95 percent level which is up from 72 percent during the previous year. • The Division is fully staffed at this point with temporary and full-time employees. • The demand for lien searches continues with 1649 completed last month. • Review of the Division's interaction with Domestic Animal Services is ongoing to determine any processes which may be streamlined. The Special Magistrate ruled she does not have jurisdiction for hearing violations of the face covering emergency order issued by the Board of County Commissioners and Code Enforcement has requested a re -hearing on the matter. Currently 40 percent of all cases are building violation related and review is underway to determine any means available to reduce the load. Staff conducted a drive through with newly elected Commissioner LoCastro. 2 February 3, 2021 Statewide initiatives for 2021 include short term rentals preemptions, restricting investigation of anonymous code violation complaints which are currently only allowed in the County for Health, Safety and Welfare issues and clarifying local restrictions on home occupation licensing. b. Public Utilities Division update — Eric Fey 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 response times are improving and the Utilities Subcommittee met in December to review the conveyance process and another meeting is slated for later this month. c. Growth Management Department/Transportation Engineering and/or Planning — Jay Ahmad or designee Mr. Ahmad reported: • Palm River Bridge — Construction to be completed mid to late February, 6 months ahead of schedule. • Veterans Memorial Blvd. — Clearing for Phase I underway with road construction to serve the new high school slated for May. • Vanderbilt Beach Road Extension — Design 60 percent complete with property acquisition (approximately 270 parcels) slated for March — November of 2021. • Triangle Blvd. — US 41 improvements in are slated for a March start. • Goodland Drive - Contract consideration February 21st, project involves elevating the roadway to address flooding issues. d. County Fire Review update — Shar Beddow and/or Shawn Hanson Ms. Beddow reported: • Review time frames are at an acceptable level. The NFPA is holding classes virtually which fill up quickly. There is the potential for local classes being offered in the future. The buildings at Courthouse Shadows are slated for demolition. The search is underway for a new Fire Chief. e. North Naples Fire Review update — Capt. Sean Lintz or Daniel Zunzunegui Mr. Lintz reported: • Plan review turnaround times are acceptable at this point. • Video inspection continues to address safety concerns during the pandemic. • Updates to the website continue. • Daniel Zunzunegui has been named Deputy Director of Plan Review. f. Operations & Regulatory Mgmt. Division update - Ken Kovensky Mr. Kovensky submitted the "Collier County January 2021 Monthly Statistics " which outlined the building plan and land development review activities. The following was noted during his report: • December 2020 activity saw a 30 percent increase year over year, mainly due to the new Florida Building Code changes which went into affect on January 1, 2021. January 2021 activity returned to the same levels year over year. This is the third year in a row the County is likely to see 51,000 +/- permit applications. 3 February 3, 2021 Permit intake is now meeting demand and adjustments to call center service were undertaken to ensure adequate service levels are being met. Rose Burke has been named the new Business Center Manager. Mr. Long reported: • The Division is behind in processing residential permit applications given the surge of requests filed in December ahead of the changes to the Florida Building Code which became affective January 1, 2021. • Demand for inspections remains high with approximately 1,000 conducted on a daily basis. • Staff continues work on modifications to the Property Permit Report (PPR) addressing historically permits left open by applicants. It includes relocating the data from the CD -Plus format to the CityView platform when possible. g. Development Review Division update - Matt McLean Mr. McLean reported • Cormac Giblin has been named Planning Manager for the Division. • Approximately 3,000 single or two-family home building applications and 1,900 lots were platted in 2020. The year also saw 130 projects closed out. • The Utility Subcommittee will be meeting on February 24 to continue review of the conveyance process. The item may be heard by the DSAC in March. • Parties should note those proposing payments in lieu of sidewalks should propose the request during the permit process and not seek the allowance during after development review is completed. h. Zoning Division Update - Anita Jenkins or Designee Mr. Frantz reported work continues to fill staff vacancies to ensure service levels remain acceptable. 7. New Business a. LDC Amendments i. PL20200002505 — Public Notice Distance — Urban & Rural Golden Gate Estates LDC Section to be Amended: 10.03.05 - Required Methods of Providing Public Notice Mr. Henderlong presented the proposed amendment noting it increases the written public notification distance to property owners for land use petitions within the Rural and Urban Golden Gate Estates of the Golden Gate Area Master Plan (GGAMP). Mr. Brooker, Chairman of the Land Development Review Subcommittee reported they met to review the proposed amendment and recommended its approval with the caveat the notification distance be set at 1,500 feet for the Urban Area and 2,500 feet for the Rural Area. The rationale is 2,500 feet was excessive in the Urban Area given the large number of parcels involved in the notification zone as it is characterized more densely developed areas. Mr. McLean stated he was not in favor of extending the notification requirement for any area and could not support the proposed amendment. Mr. Brooker moved to recommend the Board of County Commissioners adopt the proposed amendment as presented by staff. Second by Mr. Foley. Carried unanimously 13 "yes"-1 "no." Mr. McLean voted "no." El February 3, 2021 ii. PL20200002512 — Golf Course Conversions — Soil & Groundwater Testing LDC Section to be Amended: 3.08.00 Environmental Data Requirements 5.05.15 Conversion of Golf Courses Mr. Henderlong presented the proposed amendment noting it clarifies when soil and groundwater sampling is required in the development review process for the conversion of golf courses to non - golf course uses. It allows an applicant flexibility in the process by deferring the required soil and/or groundwater sampling to the time of the early work authorization, site development plan (SDP), and subdivision plat (PPL) submittal. Mr. Foley reported the Subcommittee reviewed the proposed amendment and recommended it be approved as presented by staff. Those interested should be aware the testing may be completed early in the process as the timeframes outlined are later in order to provide flexibility for the parties involved to undertake the work if they so desire. Mr. Foley moved to recommend the Board of County Commissioners adopt the proposed amendment as presented by staff. Second by Mr. English. Carried unanimously 13 — 0. Mr. Mulhere abstained due to a conflict of interest. 8. Old Business None 9. Committee Member Comments None 10. Adjourn Future Meeting Dates March 3, 2021— 3:00 p.m. April 7, 2021- 3:00 p.m. May 5, 2020 — 3:00 p.m. There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 4:00 P.M. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Chairman, William Varian These Minutes were approved by the Board/Chairman on , as presented , or as amended A 1 ! 0 aliola-- i ' A A IL LAST NAME —FIRST NAME —MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Robert J. Mulhere Collier County Development Services Advisory Council MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 950 Encore Way, Suite 200 WHICH I SERVE ISAUNIT OF: CITY COUNTY ❑ CITY (COUNTY ❑ OTHER LOCALAGENCY Naples Collier NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED Collier County MY POSITION IS: 12-3-2021 ❑ ELECTIVE Ud APPOINTIVE This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163,357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * * * * * In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 813 - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form rnust be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Robert J. MUlhere , hereby disclose that on February 31 20 21 (a) A measure carve or will come before my agency which (check one or more) inured to my special private gain or loss; inureA to the special gain or loss of my business associate, ; inured to the special gain or loss of my relative, inured to the special gain or loss of a client of the company I work for by whom I am retained, or inured to the special gain or loss of _ which is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of ray conflicting interest in the measure is as follows: The item was a proposed Land Code Amendment to defer the time when Soil and Groundwater Testing is required during a conversion of a golf course to another use. The testing is required, at present ,as part of an 'Intent to Convert Golf Course" application. The land code amendment proposed to allow an applicant to defer the testing to a later date, at the time of submission of a development order, either plat or site development plan. Hole Montes, the company I work for has a client who intents to convert a golf course to anther use. While the proposed amendment does not eliminate the need to do soil testing, it does allow an applicant to defer that testing to a later process. In my opinion, due to the fact that I am working with a client how has an intent to convert a golf course, this could be construed as a conflict of interest. It is for this reason that I abstained form voting. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. 2-22-2021 Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES �112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 101/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. January 22, 2021— February 21, 2021 Code Cases by Category Code Enforcement Division Monthly Report January 22, 2021— February 21, 2021 Highlights • Cases opened: 712 • Cases closed due to voluntary compliance: 454 • Property inspections: 2,596 • Lien searches requested: 2,273 1000 900 800 700 600 500 400 300 200 100 0 Trends Cases Opened Per Month ,LO ,10 .10 ,y0 ,10 ,LO .10 ,10 ,ti'y ,ti'y Feo lac PQc �aJ fie, do: O�` 1ao 1 e Code Inspections Per Month 3839 4000 3553 3500 3273 3304 3325 011 3010 3000 2594 2870 2542 2596 2500 2103 2000 1500 1000 500 1 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20 Jan-21 This report reflects monthly data from January 22, 2021— February 21, 2021 January 22, 2021— February 21, 2021 Code Cases by Category 6000 5000 4000 3000 2000 1000 2000 1800 1600 1400 1200 1000 800 600 400 200 0 2020 2021 Bayshore Immokalee rigin of Case de Div. Initiated Ca se mplaint Initiated Cases CRA Case Opened Monthly • Manth ly Open Cases *Total Opened Casesto Date {Repart initiated September 20181 This report reflects monthly data from January 22, 2021— February 21, 2021 January 22, 2021— February 21, 2021 Code Cases by Category Vehic 279 Vegetatio Requiremei 2% Accessory Use Emergency Order 1% Animals 4% Right of Way Property Maintenance 69% % Case Type Common issues associated with Case Type Abatement 7% al Licensing o� ament Accessory Use — Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals — Prohibited animals, too many animals, etc. Commercial - Shopping carts Executive Order — Emergency/Executive Mask Order 2020-06 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 January 22, 2021— February 21, 2021 December 22, 2020 —January 21, 2021 Code Cases by Category Vehic 22% Site Develop 7% Animals v,.,.,.+..+:,.., o,.... +.. 1 oG ACCP z,,nry ) )cP 6% 8% Case Type Common Issues Associated with Case Type Snipe signs omitted Abatement '3% sing Accessory Use — Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals — Prohibited animals, too many animals, etc. Commercial - Shopping carts Executive Order — Emergency/Executive Mask Order 2020-06 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 December 22, 2020 — January 21, 2021 November 22, 2020 — December 21, 2020 Code Cases by Category Site C Signs 6% Righ 7% Parking Enforcement 2% 8% Case Type Common Issues Associated with Case Type a omitted )atement 0 Accessory Use — Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals — Prohibited animals, too many animals, etc. Commercial - Shopping carts Executive Order — Emergency/Executive Mask Order 2020-06 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 November 22, 2020 —December 21, 2020 60 50 40 20 10 0 Public Utilities Department Engineering and Project Management Division Response i ime - Letters of Availability 38 Aug-20 Sep-20 Oct-20 Nov-20 Requests Completed Minimum Average � Maximum Ji Dec-20 Requests Received 16 14 12 10 8 3 s a) Of 6 4 2 0 Jan-21 4 3 C f° 2 7 1 1 0 Public Utilities Department Engineering and Project Management Division Response Time - Utility Deviations 30 25 25 Aug-20 Sep-20 Oct-20 Nov-20 Dec-20 Jan-21 � Requests Completed Sufficiency Review Time Substantive Review Time Requests Received 20 15 s v m 10 5 0 30 25 20 10 5 C Public Utilities Department Engineering and Project Management Division Response Time - EDEP Permits Aug-20 Sep-20 Oct-20 Nov-20 Dec-20 Requests Completed � Initial Review Time � Revision Review Time Director Approval Time Jan-21 P—Requests Received 18 16 14 12 10 8 6 4 0 () Z) s a, Of Co er County F e bruaYy 2021 Monthly Statistics -- - _•lt�fr.__ ---•�• -- -800 COLLIER COUNTY GROWTH MANAGEMENT DEVELOPMENT SERVICES i 2/2021 Growth Management Department Building Plan Review Statistics All Permits Applied by Month 6,000 5,000 4,000 3,000 2,000 1,000 M 0 0 0 0 0 0 0 0 0 0 0 0 0 r T- N N N N N N N N N N N N N N a 0 0. i U C -0 L L C 0 Q. — i U a -0 d M Q m Z 7 d U o d M d M a-M 7 ' 3 d U o d M d LL 2 Q 2� Q cn O z o n LL 2 Q 2� Q fn 0 z o� LL Top 15 of 35 Building Permit Types Applied Plumbing, Pool, ROW Residential, / ,,- 77 253 Roof, 541 135 Mechanical, 670 Shutters/Doors/ Gas, 237 Windows, 566 Idg New 1 Sign/Flagpole, Electrical, & 2 Bldg 55 344 Res, dd/Alt, 369 27 Fence, 206 Solar, 63 Well Permits, 141 Aluminum Structure, 260 Building Plan Review Statistics Monthly 1 & 2 Family Total Construction Value by Applied Date $200,000,000 $150,000,000 $100,000,000 $50,000,000 rn M M M o 0 0 0 r N N N N N > > a > 6 > -0 LL 2 Q Z LL g Q Z LL t 1 &2 Family Monthly Total Construction Value by Applied Date $200,000,000 $150,000,000 $100,000,000 $50,000,000 Monthly Multi -family & Commercial Total Construction Value by Applied Date $200,000,000 $150,000,000 $100,000,000 $50,000,000 rn M M M o 0 0 0 N N N N N N M O O N M 7 O a) LL 2 Q Z LL. 2 Q Z LL. (Multi -family Commercial a1 a7 �_ d7 d7 d7 d1 O O O O 0 0 0 O 0 0 0 0 N (ONCONN N N N N N N N N N N 4 Q T C C1 0-U > L) C Q T C m Q U > U C Q O co 7 7 a)O 0)cD d M 7 7 N O N M N LL Q g n Q U) 0 z 0 4 LL 2 Q g n Q U z 0 n LL --*---1&2 Family +Multi -family Commercial Building Plan Review Statistics 400 350 300 250 200 150 100 50 0 New Construction Building Permits Issued by Month a� a� rn rn rn rn rn o 0 0 0 0 0 0 0 0 0 0 0 T T- N N N N N N N N N N N N N N i ci C L L >+ C aY Q. "'' i ci C 0 d M d M Q M 7 ' 3 d U 0 d M d LL 2 a 2 n a W o z o � LL 2 a E" a W o z o� LL Feb 19 Mar- 19 Apr- 19 May- 19 Jun- 19 Jul- 19 Aug- 19 Sep- 1 19 Oct- 1 19 Nov- 19 Dec- 19 Jan- 1 20 Feb- 1 20 Mar- 20 Apr- 1 20 May 20 lun- 1 20 Jul- 20 Aug- 20 Sep- 1 20 Oct- 20 Nov- 1 20 Dec- 1 20 Jan- 21 Feb 1 21 ■ Commercial 5 4 6 7 8 3 11 9 8 15 5 9 4 7 4 5 7 5 6 3 3 3 6 7 5 ■ Multi -family 6 6 7 5 3 3 15 7 8 6 4 11 9 9 9 5 2 10 10 11 1 7 7 11 19 0 1&2 Family 218 261 251 254 250 274 263 285 306 235 182 232 234 250 192 205 196 234 296 248 352 244 314 357 195 20 18 16 14 12 10 8 6 4 2 0 New Multi -family Building Permits Issued by Month M M M M M M o 0 0 0 0 o r N N N N N N N Q Q Q LL Q --.3Q O Q LL Q � Q 0 LL New Commercial Building Permits Issued by Month ,7q go Noonan no soon an noun al rn rn rn rn rn M 0 0 0 0 0 0 0 LL Q Q LL Q Q 0 LL rit Department Building Inspections Statistics Building Inspections 30,000 25,000 1 111 111 w O O N CDM � O CO to N M M r ti N CD O 0) r r 0000 01 M M M M M O O M O> M O r 1 1 1 1 N N N N N N N N N N N , N O r- O O p Q01 N N O N N N O N N N r r N r 111 1 • • • • . . . • • . . . . . . Types of Building Inspections Well, 100 Septic, 191 — Pollution Control, 7 200 180 160 140 120 100 80 60 40 20 Land Development Services Statistics All Land Development Applications Applied by Month CO 0 0 0 0 0 0 0 0 0 0 0 r T- N N N N N N N N N N N N N N -6 i i >, C ZA Q �"� > ci C � L L i, C a1 Q �"� > U C � a, M Q M 7 N V 0 N M d R Q M 7 ' 7 a> V 0 0 M 0) LL 2 Q 2 n Q fn 0 z o n LL 2 Q 2 n Q cS 0 z o n LL Top 5 Land Development Applications Applied within the Last 6 Months 140 125 120 100 80 60 40 20 0 108 90 Zoning Verification Site Development Plan Vegetation Removal Letter Insubstantial Change Permit 64 Utility Conveyance Final Acceptance 55 Lot Split 40 35 30 25 20 15 10 5 0 120 100 80 60 40 20 Land Development Services Statistics Pre -application Meetings by Month a� o� o� rn 0 rn rn as rn o rn 0 0 0 0 0 0 0 0 0 0 0 o r r r r r N N N N N N N N N N N N N N Li 2 Q f° 3 ) 0p z o n LL � Q `� � ' � h 0p z 0 " Li Front Zoning Counter Permits Applied by Month o� as w as rn� rn 0 w rn 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N LL Q f° 3 d 0p z 0 n Li 2 Q R �' � m 0p z 0 n Li Temporary Use Commercial Certificates Land Development Services Statistics Number of New Subdivisions Recorded per Month 0 0 C 0 .LA 5 4 w 0 3 E 3 2 Z O O C> O O O O O O O O O O O O O O O O O O O O r T- N N N N N N N N N N N N N N i i it C a: 0. "' > U c-0 L L i+ C 0 0. — i 0 C-0 N Q fC 7' 7 0 U o d fC d M Q fC 7 3 d U 0 0 fC 0 LL Q n Q Ch 0 z 0 I1 2 Q 2 n Q fn 0 z 0 Il Plat Pages Recorded per Month 60 54 50 00' 40 c� a ° 30 27 m E Z 20 17 16 17 13 14 14 13 1415 10 9 7 $ 9 9 10 6 4 4 5 4 0 0 M m m m m m m m m M M O O O O O O O O O O O O r r r r r r r r r r r r N N N N N N N N N N N N N N d fC 3 3 G) U 0 0 M 0 0-M 3 7 a)U 0 0 M 0 LLQ g Q 0)0 Z 0-) L Q 2 Q C6 0 Z 0� LL Yearly Totals 2019 - 31 2020 - 25 2021-5 Yearly Totals 2019 - 131 2020 - 152 2021 - 19 Land Development Services Statistics Monthly Total of Subdivision Applications (PSPA, PSP, PPL, PPLA, ICP, FP, CNST) by Month 14 12 10 8 6 4 2 0 M 0 0 0 0 0 0 0 0 0 0 0 0 o r r r r r r r r r r r r N N N N N N N N N N N N N N .6 i i i, C Q1 Q. — > U c .0L L C aY Q Y > U c.0 a)fa 0-fC 7 ) 3 d U 0 d M d M Q M 3 3 d V 0 d M d U- 2 Q 2� Q cA 0 Z 0 n LL 2 Q 2� Q cA 0 Z 0 n LL 18 16 14 12 10 8 6 4 2 Monthly Total of Subdivision Re-submittals/Corrections (PSPA, PSP, PPL, PPLA, ICP, FP, CNST) by Month 0 0 0 0 0 0 0 0 0 0 0 0 r r r r r r r r r r r N N N N N N N N N N N N N N C Q1 0.Y i U C .0L L i, C a9 Q i U C M y c6 Q d V 0 0 M d � � R 3 � 3 0 U 0 d M N LLQ Q 0 0 Z o n e Q n Q 0 0 Z 0 n LL Land Development Services 45 40 35 30 25 20 15 10 5 60 50 40 30 20 10 0 Statistics Monthly Total of Site Plan Applications (SIP, SIPI, SDP, SDPA, SDPI, NAP) by Month as w o� w rn a� rn rn 0 as as o 0 0 0 0 0 0 0 0 0 0 o r r r r r r r r r r r r r N N N N N N N N N N N N N N � d p i � a) iLi2Q)' ozonL2Q Oz0nL Monthly Total of Site Plan Re-submittals/Corrections (SIP, SIPI, SDP, SDPA, SDPI, NAP) by Month w o� o� as rn rn rn rn as as as o 0 0 0 0 0 0 0 0 0 0 o r r r r r r r r r r r r r N N N N N N N N N N N N N N L L �, C Q L �, C O! Q > u c MO LL Q 3 3 ) 0 z a-3 LL � Q `° �' � n 0 z 0� Li Reviews for Land Development Services Number of Land Development Reviews 1,400 1,200 1,000 800 600 400 200 r r N N N N N 1V N N N N N N N 1V >, C cii a — > 0 C M y fC Q. R 7 7 d V O d R d R Q R 7 7 d V O d R d LL Q Q 0 O z 0 nU- Q Q 0 O z 0 n U- Percentage Ontime for the Month 0 Ontime 0 Late Land Development Services Statistics Total Applied Construction Valuation Estimate $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $0 as rn rn rn rn rn rn as a� rn� o 0 0 0 0 0 0 0 0 0 0 o r r r r N N N N N N N N N N N N N N I) Q i :.i C M L i �, C a rr i U C M LL �2 Q 3' 3om 0 Z o 7 LL 22 Q )' fn 3 d fq � 0 Z o-) LL r2 Q � � Q ■ Construction Estimate Utility Estimate Site & Utility Inspections 80 70 60 i Y 0 50 I I I a) 40 � I 0 30 z a 20 10 0 rn m am rn m M am rn rn rn rn 0 0 0 0 0 0 0 0 0 0 0 0 LL G Q Q N O z Q LL Q Q N O z 0 LL ■ Final Subdivision Inspection ■ Final Utility Inspection Preliminary Subdivision Inspection Preliminary Utility Inspection ■ Tie In Inspection Fire Review Statistics Building Fire Review Average Number of Days 10 9 8 7 11 Al rTo 5 0 4 3 2 — 1 - 0 tflill- - - - - - rn rn rn rn rn rn m rn rn rn rn o 0 0 0 0 0 0 0 0 0 0 0�� rl c-I c-I r-I r-I r-I c-I r-I ci ci ri N N N N N N N N N N N N N N > C an Q > U C -0 (ID CLa c ao Q > U C -0 LL Q 2 � Q cn O z Q ri 2 Q � Q to O z 0 ri Total Number of Building Fire Reviews by Month Fire District Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- 19 19 19 19 19 19 19 19 19 19 19 20 20 20 20 20 20 20 20 20 20 20 20 21 21 0 North Collier 447 596 645 711 729 725 709 621 688 488 470 410 458 633 565 510 642 645 564 558 588 429 586 427 482 Collier County (Greater Naples) 327 475 443 395 339 386 426 365 481 388 359 476 361 397 355 324 462 418 409 400 439 403 446 460 475 Planning Fire Review Average Number of Days 10 9 8 7 6 5 0 4 3 2 1 0 rn rn m m rn rn rn rn rn rn am 0 0 0 0 0 0 0 0 0 0 0 0 - ri rl ci rl --I c-I r-I r-I r-I r-I r-I N N N N N N N N N N N N N N un Q > U C -0a c — W Q > U C -0 Total Number of Planning Fire Reviews by Month Fire District Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- 19 19 19 19 19 19 19 19 19 19 19 20 20 20 20 20 20 20 20 20 20 20 20 21 21 ■ North Collier 51 48 44 46 57 50 35 60 69 50 56 57 39 48 38 36 33 42 33 47 44 37 32 25 33 Collier County(Greater Naples) 63 66 82 72 71 66 76 59 66 63 63 57 72 62 48 62 62 52 61 59 62 61 51 44 53 General Updates and Clean -Up • Fix typos, misspellings, and missing words • Update department and division names • Utilize proper titles (e.g., Department Head and Division Director) • Consistent and capitalized proper names and terms (e.g., County, District, Board, Ordinance, Manual) Remov xclusion of Golden Gate City from district service area (page 5) • Remove "radio read" from definition of master meter (page 7) and water service (page 11) • Delete language regarding resubmission fee, inspection fee, and modification fee for schedule of fees and charges (page 17) • Delete language regarding preliminary work authorization (PWA) as a prerequisite for construction commencement (page 21) • Change "television video taping" to "inspection video recording" (page 24) Utilities conveyance policies and procedures • Change all references to "final acceptance" rather than "preliminary acceptance" (pages 14, 15, 27, 28, and 45) • Definitions o Revise definition of final acceptance (page 6) o Revise definition of Inspection (page 6) o Delete definition of preliminary acceptance (page 7) • For private, non -subdivided property, clarify the exemption from the utilities performance security (UPS) during the construction period and delete the 10% UPS requirement for the warranty period (page 20) • Eliminate the final acceptance obligations cash bond (pages 20-21) • Consolidate preliminary and final utility inspections (pages 21, 25 and 28) • Delete language regarding who grants preliminary acceptance (pages 25) • Delete parenthetical regarding 1-year warranty as a prerequisite for final acceptance (page 26) • Delete requirement that notifications concerning changes to contact information be in writing (page 27) • Delete stamp requirement for Exhibit B to the warranty deed/bill of sale (page 28) • Require only one set of signed and sealed record drawings (page 28) • Allow electronic certification of test results (page 29) • Revisions to legal documents by CAO o Attorney's Affidavit (pages 44-45) o Owner's Affidavit (page 46) o Utility Facilities Warranty Deed and Bill of Sale (page 49) • Delete Final Attorney's Affidavit (pages 49-50) Changes Since the 12/21/2020 Subcommittee Meeting EVarious ordinance changes suggested by the County Attorney's Office • Simplified the definition of District service area in Sec. 134-56(a) • Deleted the definition of modification fee in Sec. 134-56(a) • Modified the definition of transmission mains in Sec. 134-56(a) to include wastewater force mains • Deleted the acronym (PWA) from Sec. 134-56(b) • Clarified when a UPS is not required in Sec. 134-58(e)(1) • Added language to Sec. 134-58(e)(5) requiring county staff to schedule agenda item for Q1 next available regular BCC meeting recommending return and release of the UPS upgp expiration of the warranty period • Revise reference to ordinance section in item 3 under "Le Mmenwl!EIILAn� Utilities Conveyance Checklist Changes Since the 2/24/2020 Subcommittee Meeting ARTICLE III. - UTILITIES STANDARDS AND PROCEDURESu Footnotes: --- (3) --- Editor's note— Ord. No. 04-31, § 13, repealed art. III, §§ 134-51-134-67, in its entirety. Sections 1-12, 16 and App. A, of said e0rdinance enacted similar provisions to read as herein set out. See the Code Comparative Table —Ordinance Disposition for a detailed analysis of inclusion. Sec. 134-51. - Findings and purpose. (a) It is the intent and purpose of this o0rdinance to promote, protect, and improve the health, safety and welfare of the citizens of Collier County (the "County") by the establishment, herein, of standards and procedures for the construction, development, maintenance, and operation of safe, reliable potable water, non -potable irrigation water and wastewater systems that meet the demands of Colliethe County's land development and population growth, and that are constructed, developed, maintained and operated according to the latest technical and professional standards. This oOrdinance, therefore, establishes minimum utility requirements for development of potable water and non -potable irrigation water transmission and distribution and for wastewater collection and transmission systems or portion(s) thereof within the unincorporated areas of Collier County, Florida. This o0rdinance attempts to ensure that, with respect to all utility construction performed, reliable and economical utility services shall be provided to users of the potable water, non -potable irrigation water and/or wastewater systems within 0ellierthe County. All requirements set forth herein are in conjunction with and supplemental to the Collier County Land Development Code (the "LDC"), to the Collier County Growth Management Plan and to such other applicable Collier County Ordinances, Resolutions and/or regulations as are related to land development and/or subdivision of lands within Collie the County. The pPublic oUtilities dDepartment (the "PUD") shall review deviations (see Utilities Standards Manual for Utility Deviation Forms) from the standards and procedures established herein, which are brought about by innovative applications of design principles/solutions to individual projects. Upon such review, the public otilitiesPUD adrnmnostrater Head or designee, at his or her discretion, may approve such deviations, provided that such deviation shall not result in system/facility operation or maintenance performance that is less than that which would be provided in this eOrdinance, if recognized, accepted standards are used, and provided further that such deviation promotes, protects, and improves the health, safety and welfare of the citizens of Collier County, Florida. Requested deviations from the requirements of this o0rdinance shall be referred to the niibk +ili+ieS PUD adMiRistraterHead or designee(s). All deviation requests must include an impact statement. Appeals to rejected deviation requests shall be mailed sent to the pPublic oUtilities eEngineering and Project Management Division dDirectorof e p blin +ili+ioc diyosM ,., (b) The Collier County Water -Sewer District (the "CCWSD" or the "District"), established in February 1977, by the Collier County -bBoard of cCounty cCommissioners (the "BCC" or the "Board"), was created for the following purposes: (1) To develop safe, reliable and financially self-supporting potable water and wastewater systems, which will meet the water and wastewater needs of Collie the County; (2) To ensure that existing and future potable water and/or wastewater utility systems are constructed, operated and managed at the minimum cost to users and with no direct/indirect financial aid from the general fund; and (3) To develop potable water and/or wastewater systems requiring the most reasonable operating and maintenance costs. (c) Design criteria, technical specifications, and standard details are RGw included in the Collier County Utilities Standards Manual (the "Manual"). By reference, the public ,+ili+iesPUD administrato Head or designee shall publish the e}Manual and should provide for periodic revisions thereto, consistent with good engineering practices and standards. (Ord. No. 04-31, § 1; Ord. No. 2018-36, § 1) f 19-EIS-04145/1504813/11 1 Sec. 134-52. - Title and citation. This 90rdinance shall be known and may be cited as the "Collier County Utilities Standards and Procedures Ordinance". (Ord. No. 04-31, § 2) Sec. 134-53. - Applicability. This e0rdinance shall be applicable to development activities within the Collier County Water Sewer D+stristDistrict, and the remaining unincorporated areas of Collier County, Florida. For the purposes of simplicity and brevity, references herein to the Collier County Water Sewer Distri^+ shall also refer to the Goodland Sub -District, where appropriate, as the context requires. (Ord. No. 04-31, § 3; Ord. No. 2018-36, § 1) Sec. 134-54. - Water and wastewater ordinances and resolutions. The board of county ^^mmicciGRersBCC, acting in their regular capacity as well as their capacity as the eEx-officio gGoverning bBoard of the Collier County Water -Sewer District has adopted other ordinances, ordinance amendments and resolutions on behalf of the GCounty and the dDistrict. Such ordinances, ordinance amendments and resolutions, together with all such duly adopted subsequent ordinances, ordinance amendments and resolutions apply fully except to the extent, if any, specifically and expressly superseded by this oOrdinance. (Ord. No. 04-31, § 4; Ord. No. 2018-36, § 1) Sec. 134-55. - Service areas. (a) The following requirements shall apply with respect to the sCounty's review of utility construction within the dDistrict's service area in the unincorporated area. (b) Construction of all utility systems including, but not limited to, interim utility systems, shall comply with the LDC, with this o0rdinance, and with the Collier County Utilities Standards Manual, which is hereby adopted by the bBoard as part of this o0rdinance. The penalty provisions of this oOrdinance apply equally to the mManual and to exhibits then incorporated by reference into the mManual. (c) Utility construction shall not commence until the utility construction documents for each project have been reviewed and approved by the engineering review department giro^+^r (Gou ty eng+eeer3Development Review Division Director or designee and the eCounty has thereafter issued a written authorization to construct. Conveyance of completed interim utility system(s) or portion(s) thereof within these certificated or other approved service areas shall be in compliance with the LDC, this 90rdinance, and the Collier County Utilities Standards Manual. (d) Prohibited connections. Refer to the latest revision of the County Cross -Connection Ordinance as well as subsections 134-55(d)(1)—(3). (1) Wastewater and stormwater. No individual or entity owning, possessing or having control of any building, structure, or other improvements within the then existing dDistrict shall cause, permit, allow or suffer any stormwater and/or any water used for irrigation to be discharged into any sanitary sewer, drain, cleanout, or manhole that is connected to the dDistrict's wastewater collection system (direct discharge), or into any other facility that is connected into such sewer, drain or manhole, (indirect discharge). Only wastewater from toilets, lavatories, sinks, bathtubs or showers upon or in said premises shall be discharged into any such sewer, drain or manhole. (2) Yard, garden, private stormwater drainage facilities. No yard drainage, garden drainage, nor any stormwater, including from a drainage line, roof drain or downspout, shall discharge directly or indirectly into the sCounty's or the dDistrict's wastewater collection system. (3) Inspection —Correction of violation condition. An authorized representative of the eCounty may enter premises (except an owner -occupied residence) to determine whether any violation of f 19-EIS-04145/1504813/11 2 subsection 134-55(d)(1) or (2) exists. If it is determined that such violation exists, staff shall provide written notice to the owner or occupant of the premises to direct that all such violations be corrected within 30 days of receipt of such notice, and within that 30-day period, the noticed owner or occupant shall notify staff in writing that each such violation has in fact been corrected. If staff does not receive such notification of correction within that 30-day period, staff may correct all such violations subject to providing the owner or occupant not less then -than three additional work -days written notice. Notice from the ccounty or the dDistrict may be by registered mail or by any other lawful means of delivery of such notice, addressed to the owner (or occupant) as the owner's name and address then appear on the then most current tax assessment roll. In the event ccounty staff corrects the violation(s), the oCounty!s may record a lien against the relevant premises, which lien shall run with the land and may be foreclosed upon or otherwise collected by staff. (e) Private wastewater systems. (1) Private pump station owners are required annually to provide the following to the Publ;G Utilities Depa ntPU D: a. Emergency phone number of pump station owner; b. Emergency phone number of pump station operator; c. Maintenance reports and inspection reports; d. If any phone numbers change, an update must be provided within 24 hours. (2) Private pump station access must be secured with a master lock provided by the Public Utilities Depa ;tPUD. A P bliG Utilities'PUD lock may be interlocked with the owner/operator's lock to allow access by both. (3) The Publi^ Utilities no.,@,tFneRtEUD is authorized to conduct inspections of private wastewater pump stations at its discretion. Any non-compliance will be enforced through code enforcement and the Florida Department of Environmental Protection (the "FDEP") code compliance where applicable. (4) —Herne Own Homeowners Associations (HOAs) and/or private wastewater pump station owners will have the opportunity to convey their pump stations including collection systems to the District} after bringing the infrastructure into compliance with current utilities standards. System upgrades and repairs of any defects shall be the financial responsibility of the HOA or private wastewater system owner. (Ord. No. 04-31, § 5; Ord. No. 2018-36, § 1) Sec. 134-56. - Definitions and abbreviations. (a) Definitions. For the purposes of this article, the following terms, phrases, and words, shall have the meaning specified herein. When not inconsistent with the context, words in the present tense include future tense, words used in the singular number include the plural, and words used in the plural include the singular. "Shall" is always mandatory; "may" is discretionary. Definitions in this o0rdinance supersede definitions in the Standardo Manual to the extent of any conflict between a definition in this 90rdinance and a definition in the mManual. No definition in this o0rdinance shall be construed to affect any definition in the Florida Administrative Code or any other administrative regulation of any superior government agency unless such Florida Administrative Code (F.A.C.1 or other governmental regulation's definition can lawfully be expanded, contracted or otherwise amended by this o0rdinance and the apparent intent of the conflicting definition in this o0rdinance is to amend the scope or application of the respective conflicting exterior definition. Many of these definitions contain substantive provisions. The fact that a substantive provision is contained in a definition does not affect full applicability of each such substantive provision. Adequate public facilities letter-: Written verification prior to submittal of construction documents from another utility (including a municipal owned or other government owned or controlled utility, or privately f 19-EIS-04145/1504813/11 3 owned or franchised utility) that demonstrates that concurrency requirements are firmly complied with. This letter shall clearly verify the type and capacity of potable water, non -potable irrigation water and/or wastewater utility services that is available to provide each such utility capacity to serve the specific structure, building or unit, as well as any restrictions, conditions and requirements the utility may have regarding issuance of a binding written commitment for service to each such proposed structure, building and unit. Refer to subsection 134-57(a)(6) herein. Availability letter-: Written documentation stating water and/or sewer service is available to the applicant via then existing utility lines adequate to serve each such structure, building and unit(s). This written documentation must be provided by designee of the respective utility (including the dDistrict when the dDistrict is the provider); and no guarantee is issued that adequate capacity will be available to the respective structure, building and unit until each such structure, building and unit has received its capacity commitment for the respective utility service. Board-: Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County, Florida, and, where appropriate, as the ex-officio gGoverning bBoard of the Collier County Water - Sewer District (including the Goodland Sub -District) and every other future sSub-dDistrict of the dDistrict. Collier County Water -Sewer District (COWS- D) or dDistrict-: An independent special district within Collier County that is defined in the Special Act, Chapter 2003-353, as such Act may be amended, and is governed ex officio by the bBoard of sCounty cCommissioners. Collier County Water -Wastewater Authority-: A five -member authority appointed by the bBoard of sCounty sCommissioners consisting of three technical and two lay members, having a wide range of regulatory authority regarding the approval of rates, service area boundaries, customer/utility disputes, and quality of service issues related to certificated private, investor -owned water and wastewater utilities operating in unincorporated Collier County and the City of Marco Island. A Collier County Board (authority) created and empowered by Article VIII of the Collier County Code of Laws and Ordinances (the same being Ordinance No. 96-6, as amended). Construction document-: Construction drawings, technical specifications, hydraulic design reports, Florida Department of Environmental Protection ("FDEP") permit applications, plats, where required, and other supportive documents and data necessary to permit the review of proposed potable water, non - potable irrigation water and/or wastewater system additions, extensions and/or improvements. An engineer's report must also be included, with a summary of the proposed construction, including connections, phasing, assumptions, and estimated total flows. Construction document modification-: Revised construction document(s) that include a written technical description of all modifications. Contractor-: Individual, partnership, agency, organization, corporation or the like licensed in the State of Florida to perform underground utility construction in Collier County. Contractual guarantee-: A construction and maintenance agreement guarantee on streets, sidewalks, stormwater system, etc., that all subdivision developers are required to provide along with the utilities performance security guarantee. County-: Includes Collier County, the Board of County Commissioners of Collier County, Florida, and/or the duly authorized staff, agent or representative acting on behalf of the bBoard of ccounty sCommissioners, to supervise and/or manage the operations of the publicly owned potable water, non - potable water and wastewater systems, and whose duties include administration of this article. Shall also include the dDistrict unless the specific tk�_—context does not reasonably periillead to such enSt,=61 GtieFlinclusion. County inspector-: A representative of Collier County designated to provide periodic inspection of all potable water, non -potable irrigation water and/or wastewater systems. County eUtility eEasement (CUE)-: An easement conveyed to the sCounty and/or dDistrict to use land for operation and/or maintenance of utility systems and/or utility facilities. 119-EIS-04145/1504813/11 4 Customer-: means each residence, apartment unit, condominium unit, office or other unit of a building or structure, each mobile home, each recreational vehicle, etc., is one customer. A duplex is two customers; a triplex is three customers, etc. Customer does not refer to each individual served. Developer: Any individual, partnership, corporation, owner, sub -divider, including a governmental agency, or designated agents, successors, or assigns, or such other entity that proposes and/or undertakes the construction of potable water, non -potable irrigation water and/or wastewater systems, or portion(s) thereof, to provide service for any property or properties, area, development or subdivision in which the potable water, non -potable irrigation water and/or wastewater systems might sometime be connected to a potable water, non -potable irrigation water irrigation or wastewater system of Collier County Water _cewerthe District D-). Development services advisory committee (DSAC): A 15-member committee created pursuant to Ordinance No. 95-60 to provide reports and recommendations to the bBoard of sCounty sCommissioners, to assist in the enhancement of the operational efficiency and budgetary accountability within the gGrowth e}Management and pPublic eUtilities dDepartments, and to serve as a primary communications link between the departments, the development industry and the citizens and residents of Collier County. Deviation: Requested variation from the requirements of this article or the Collier County Standards Manual requiring written approval from the public utilities depar+men+PI» administrate Head or designee(s). Distribution mains-: Potable water or non -potable irrigation water mains less than 16" in diameter that distribute water at the project or customer level. District: See definition of Collier County Water -Sewer District. District service area: All geographic areas where the District is then authorized to provide potable water and/or wastewater service, and/or non -potable irrigation water, and/or bulk service, by general law or by Special Act(s) of the Florida Legislature, including all such geographic areas then being served with interim service by any other service provider. The +el le -Mil ig Florida, f 19-EIS-04145/1504813/11 5 Easement-: An interest in land granted to holder by owner of land. Such grant entitles holder to specific limited uses of said land. Holder can be person, persons or the general public. Effluent-: The treated liquid end product of a wastewater treatment facility that is reused as reclaimed water for irrigation or other approved non -potable purposes. Engineer of record-: The "project engineer," a registered professional engineer of record, responsible for: 1) the preparation of plans, specifications and other related design documents for the potable water, non -potable irrigation water and/or wastewater systems being constructed within Collier County and 2) certifying the project, including transportation and stormwater facilities, upon completion. Facility-: See definition of water facility and wastewater facility. Fees-: The non -reimbursable monetary compensation rendered to the cCounty for construction document review and inspection service provided. Final acceptance : Acceptance by the bBoard of potable water, non -potable irrigation water and/or wastewater systems _at least GRe year after preliMiRary aGG8ptaRGe, and after satisfaGtGFY GE)MpletiGR ef all final a eptaRG8 ebligatiORS Final acceptance obligations-: These include reimbursed recording fees, report and video final utility inspection, and f4iarl attorney's affidavit. Growth Management Department (or "GMD'): A department of Collier County which, for purposes of this article, shall be responsible for processing, reviewing and approving potable water, non -potable irrigation water and/or wastewater construction requests, pursuant to the terms and conditions of this article and/or the LDC, including the engineering evaluation, design and construction of potable water, non -potable irrigation water and/or wastewater utility systems. As outlined herein, and as set forth in the LDC, the "community development and environmental services administrator" shall mean the eRgineering review Sor"i^es division direGtOr (GOunty eRgin000Development Review Division Director. Inspection-: Periodic construction site visits by a cCounty representative, the purpose of which is to ascertain/ensure compliance with c ounty-approved construction documents and applicable ordinances, codes and statutes. Such periodic visits shall occur, but not be limited to, during construction of the potable water, non -potable irrigation water and/or wastewater additions, extensions and/or improvements (including road/transportation utilities relocate projects), and after completion of construction fifer guarantee period (for final acceptance of the potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof by the cCounty). Interim utility facility or interim utility system, (and utility facility): A potable water, non -potable irrigation water distribution, transmission, treatment, and/or supply system, a wastewater collection, transmission, treatment and/or disposal system, which meets all applicable rules and regulations associated with any federal, state or local regulatory authority, and which is owned by the applicant/developer or other person/entity other than the Collier County Water -Sewer District D) and which, upon completion, or anytime thereafter is capable to be dedicated to the CGWSDDistrict. All such interim facility and/or interim system shall remain interim until such time (if and when) each interim facility (or facilities) and/or interim system is interconnected into the district's system to be served by the dDistrict's system and the interim facilities and/or interim system has been dedicated to the dDistrict pursuant to paragraph 10 in Section 5 of Chapter 2003-353, Laws of Florida. Internal non -potable irrigation water distribution system-: Any non -potable irrigation water distribution system not owned by the eCounty or the dDistrict and located beyond the master meter assembly on the development side. Irrigation system-: Any and all plant, system, facility or property, and additions, extensions and improvements thereto at then future times, constructed or acquired as part thereof, useful, necessary or having the then present capacity for future use in connection with the development of sources, treatment and distribution of irrigation water, and, without limiting the generality of the foregoing, includes dams, walls, meters, reservoirs, storage tanks, lines, valves, pumping stations, laterals and pipes constructed or f 19-EIS-04145/1504813/11 6 installed for the purpose of carrying irrigation water to the premises connected with such system; also includes all real and personal property and any interest or rights therein, easements, and franchises of any nature whatsoever relating to any such system and necessary or convenient for the operation thereof. Irrigation water. Potable, reclaimed and/or supplemental water artificially applied to lands to meet the water needs of growing plants; excludes rainfall. Lateral sewer. A sewer that discharges into a branch or other wastewater system and has only building wastewater tributary to it. LDC: Collier County Land Development Code. Looping of water main-: Interconnection of a development's potable water main(s) to minimize dead ends to promote the flow of potable water throughout a project and/or development. Master meter. A r-adie read water meter that measures the total gallons of water used in a specific project, development or portion thereof other than service to separate, individual units. Master pumping station: A pumping station that has gravity flow or force mains from other master stations or submaster pumping stations pumping into it, which then pumps into another master station or into a force main that pumps to the water reclamation facility; has standby power. Meter-: A device that measures the total gallons of water passing through a pipe. Master plan development-: A tentative plan showing the proposed development of a tract of land for which development is to be carried out in one or more stages. (See site alteration plan, site development plan, and site improvement plan as defined in the LDC.) the eRgineer of reGOrd, wheR SUGh revision ReGessitates aR additional review and approval proGess. Revisions . Ucs,tcid ha tho GGe unty or the rdDis,trint o exempt from this, fee Non -potable irrigation water: Water that is not suitable for drinking, culinary, or domestic purposes, including reclaimed or supplemental water; effluent, well, stormwater and/or surface water. Non -potable irrigation water system: See definition under supplemental water system and reclaimed water system. Non -potable irrigation water facility: A facility used as a source of water for irrigation, cooling, or other approved, non -consumptive purposes. Facilities used as a source for drinking, culinary or domestic purposes are excluded from the definition of non -potable water facility. Ordinance: Throughout this article "the o0rdinance" or "this oOrdinance" shall include the Collier County Utilities Standards Manual and to all documents incorporated by reference in the mManual unless such inclusion is clearly not intended according to the context in the MManual. Person or entity: Individual, partnership, agency, association, private or public corporation, organization, or political subdivision or the like which desires to construct potable water, non -potable irrigation water, and/or wastewater system additions, extensions and/or improvements and/or requires the services of the eCounty or the dDistrict. Potable water. Water that does not contain objectionable pollutants, contamination, minerals, or infective agents and is classified by law, rule or regulation as being acceptable for drinking, culinary, or domestic purposes. Potable water facility: Facility used as a source for drinking, culinary, or domestic purposes. Potable water system: See definition under water system. P—Fegminapl aGGeptaPGe : Potable wateF, RGR potable irrigatiGR water and wastewater systerns 0nGlu ding fiRal in eGtiE)R f 19-EIS-04145/1504813/11 7 Probable cost of construction: Cost estimate prepared by the engineer of record for proposed potable water, non -potable irrigation water, and/or wastewater system additions, extensions and/or improvements which are required to be submitted to the cCounty or the dDistrict for review. Project-: Potable water, non -potable irrigation water and/or wastewater system additions, extensions and/or improvements illustrated and described in the construction documents for the development of land in the unincorporated areas of Collier County. Public uUtilities dDepartment (or "PUD'): A department of the Collier County government comprised of various de^atsdivisions including, but not limited to, the wWater and wWastewater de^ Divisions. The pPublic cUtilities div+s'EmDepartment is responsible for the management, operation and maintenance of the Collier County Water -Sewer District. The pPublic cUtilities dDepartment, together with the gGrowth n4Management dDepartment shall have the responsibility to approve potable water, non -potable irrigation water (in dual systems) and wastewater systems requests, as well as engineering evaluations, including, but not limited to, the design and construction of all potable water, non -potable irrigation water, and wastewater systems eligible to be conveyed to the bBoard for ownership and maintenance as outlined herein. Reclaimed water-: Water from a wastewater treatment facility that has received at least secondary advanced treatment and high-level disinfection and is used or useable for some beneficial non -potable, non -culinary, non -domestic purpose such as irrigation. Reclaimed water system-: A network of pipes, pumping facilities, and appurtenances designed to convey and distribute reclaimed, supplemental, or a combination of reclaimed and supplemental water to one or more users; part of cCounty's or dDistrict's non -potable irrigation water system. Reclaimed water systems referred to in this article refer to cCounty-owned or dDistrict--owned reclaimed system pipes six inches in diameter or greater, up to and including the master meter assembly and backflow device. Record drawings-: Drawings that accurately identify the final, fixed constructed configuration of a utilities facility and/or system, including the drainage system. Review fee-: Fee for work incurred by the cCounty or the dDistrict to review and approve potable water, non -potable irrigation water and/or wastewater system construction documents and provide inspection during and after construction of said improvements. Reuse-: The deliberate application of reclaimed water for a beneficial non -potable, non -culinary, and non -domestic purpose such as irrigation. Right-of-way-: A strip of land, public or private, occupied or intended to be occupied by, or for repair of, a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, storm drainage, potable water or non -potable irrigation water main, sanitary or storm sewer main, or for similar use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way, whether public or private, or as an easement, hereafter established and shown on a plat is to be separate and distinct from the lots or parcels adjoining such right-of-way; and is not included within the dimensions or areas of such lots or parcels. Service-: Work incurred by the cCounty or the dDistrict to review and approve potable water, non - potable irrigation water and/or wastewater system construction documents and provide inspection during and after construction of said improvements. May also mean water service —See definition of water service herein. Service area-: The geographical area(s) described in a franchise certificated area or other form of approval granted by the bBoard of cCounty cCommissioners and/or the wWater-wWastewater aAuthority to a utility to provide utility service within the described boundary of such area(s). The geographical area(s) may also be referred to as "territory" or "certificated area." Sewer lateral-: A gravity sewer pipe extending from the gravity sewer main to the customer's point of connection at the public right-of-way or cCounty or dDistrict's utility easement limit. Sewer system: See definition under wastewater system. f 19-EIS-04145/1504813/11 8 Staff or eCounty staff. Refers to the Collier County employee(s) authorized to perform the respective act or decision. Standards mManual or mManual: The "Collier County Water -Sewer District Utilities Standards Manual," as adopted by the bBoard of eCounty CCommissioners concurrently with the 2004 eUtilities sStandards and pProcedures oOrdinance, as amended, including all of its exhibits, consisting of, but not necessarily limited to, all technical standards, specifications, detail drawings, utility deviation forms, water meter sizing and impact fee form, final waiver of liens, and utilities conveyance documents checklists for potable water, non -potable irrigation water and wastewater systems. Subdeveloper-: Refers to each individual or entity that develops, constructs or installs improvements to the real property in part of the development other than the developer of the development, including, but not limited to, each such sub -owner, builder, contractor, promoter, lessee, or tenant of improvements to real estate within the development when not acting as an agent of the developer, and after completion of such improvements, the title-holder of those improvements is not the developer and, therefore, the developer will not normally have the requisite authority to convey title of those facilities to the eCounty or to the dDistrict without authorization from the subdeveloper. Submaster pumping station-: The main pumping station of a subdivision that receives flow from other pumping stations and/or gravity flow which then pumps into a master pumping station or eCounty or dDistrict force main; does not have standby power. Supplemental water-: Non -potable ground water, stormwater or surface water. Supplemental water system-: A system of pipes, pumps and all other appurtenances or equipment needed to collect, transport and distribute supplemental water; part of e ounty's or dDistrict's non -potable irrigation water system. Transmission mains-: Potable water mains 16 inches in diameter and larger that distribute water ove al or „b FGg;GRal area, a44d-non- potable water mains six inches in diameter er greate Alse OnGl ides water mains used to transport wefl- water from a -well to a otab:e-water treatment plant. Unincorporated area-: All geographic areas in Collier County not within the boundaries of any municipal corporation as of the effective date of Chapter 2003-353, Laws of Florida. In the context of this article all areas hereafter annexed into a municipal corporation shall remain classified as being unincorporated to the extent that such annexed area is within the dDistrict's then existing service area. Utility-: Any person or business entity, lessee, trustee and/or receiver, owning, operating, managing, or controlling a system, or proposing construction of a system, who or which is providing or proposes to provide potable water and/or non -potable irrigation water, or bulk water, and/or wastewater service, or any combination thereof, within any unincorporated area of the ecounty to the public for compensation, but excluding only the following: (1) Property used solely or principally in the business of bottling, selling, distributing or furnishing bottled water; or (2) Such systems owned, operated, managed, or controlled by a governmental agency; or (3) Manufacturer providing such utility service(s) solely in connection with its own manufacturing operations; or (4) Public lodging establishment providing such utility service(s) solely in connection with lodging service to its guests; or (5) Landlord or homeowners' association providing such utility service(s) to their own tenants or unit owners without specific compensation for any such utility service; or (6) Potable water system and/or wastewater system which has a rated capacity (at maximum day system peak) of less than 2,000 gallons per day per utility service; or (7) Utility deriving less than 50 percent of its revenues from unincorporated areas of the eCounty, with the balance derived from the incorporated area. Any Utility which derives 50 percent or more f 19-EIS-04145/1504813/11 9 of its revenues from the unincorporated areas of the sCounty shall be subject to the provisions of this o0rdinance only as they relate to rates, fees, and charges charged by the utility in its unincorporated area(s); or (8) Utility system that is then serving less than 100 customers with non -potable irrigation water, potable water and/or wastewater service. For the purpose of this subparagraph, a "customer" is not each individual served. Each residence, apartment unit, condominium unit, office or other unit of a building or structure, each mobile home, each recreational vehicle, etc., is one customer. A duplex is two customers; a triplex is three customers, etc. (9) Systems solely for tenants or occupants of: governmental buildings, religious, educational or cultural institutions or facilities, or for recreational, scientific or institutional facilities. (10) Systems not owned by the utility that are downstream from the utility's master meter and are operated and sub -metered by a master metered customer of the utility for resale to individual residential or commercial consumers occupying property owned or otherwise lawfully controlled by that master metered customer. Utility company-: A telephone, electric, gas, cable, etc. company such as, but not limited to, Florida Power and Light, Spring, Comcast and Time Warner. Utility construction document-: See definition under construction document. Utilities performance security (UPS): A performance bond, cash bond, irrevocable letter of credit, or other authorized form of security furnished by the developer to the sCounty or the dDistrict, prior to recording of plat or conveyance of utility facilities, (potable water, non -potable irrigation water and/or wastewater facilities) and/or non -utility facilities (reclaimed or supplemental water facilities) to guarantee the construction, workmanship and/or materials for the warranty period after the utility system(s) or portion(s) and the non -utility facilities and portions thereof have been conveyed to the sCounty, dDistrict, or other appropriate water -sewer district, or upon completion of the utility system(s) or portion(s) and the non -utility systems and portions thereof when construction occurs on private property. (Refer to section 134-58(e): Utilities performance security.) Wastewater-: The combination of liquid and water -carried pollutants from residences, commercial buildings, industrial plants, and institutions, together with any groundwater infiltration, surface runoff, or leachate that may be present. Wastewater facility-: The structures, equipment and processes required to treat and store domestic and industrial wastes,, and dispose of the effluent and sludge. Wastewater system-: Any and all plant, system, facility or property, and additions, extensions and improvements thereto at any future time constructed for acquisition as a part thereof, useful, necessary or then having capacity for future use in connection with the collection and treatment of wastewater, and/or disposal of wastewater effluent of any nature, originating from any source, and without limiting the generality of the foregoing; includes treatment plants, pumping stations, lift stations, deep injection wells, valves, force mains, intercepting sewers, laterals, pressure lines, mains, and all necessary appurtenances and equipment; also includes all wastewater mains and laterals for the reception and collection of wastewater from premises connected therewith; also includes all real and personal property and any interest therein, rights, easements, and franchises of any nature relating to any such system and necessary or convenient for the operation thereof. Water facility-: The structures, equipment and processes required to treat and store water. Water service-: A water service installation extended to property line or utility easement limit, which includes: tapping saddle, corporation stop, service line, and radie reawater meter ;RstallatiGR, meter box, wye, "curb stop, and backflow prevention device, if required, extended to property IiRe „r „+;l;+., easement 1OPP + Water-sSewerdDistrict--: See definition under Collier County Water -Sewer District. Water system-: Any and all plant, system, facility, or property, and additions, extensions, and improvements thereto at then future times, constructed or acquired as a part thereof, useful or necessary f 19-EIS-04145/1504813/11 10 or having the then present capacity for future use in connection with the development of sources, treatment or purification and distribution of potable water, and, without limiting the generality of the foregoing, includes dams, reservoirs, storage tanks, lines, valves, pumping stations, laterals and pipes for the purpose of carrying potable water to the premises connected with such system; also includes all real and personal property and any interest or rights therein, easements, and franchises of any nature whatsoever relating to any such system and necessary or convenient for the operation thereof. (b) Abbreviations. ANSI ASTM American National Standards Institute American Society for Testing and Materials AWWA American Water Works Association BCC Board of County Commissioners CCWSD Collier County Water -Sewer District CPI Concrete Pipe Institute CUE County Utility Easement DCA Department of Community Affairs DSAC Development Services Advisory Committee ERP Environmental Resource Permit FAC Florida Administrative Code Florida Department of Environmental Protection Florida Department of Transportation FDEP FDOT GIS Geographic Information System GMD Growth Management Department LDC Land Development Code MSW Municipal Solid Waste North American Datum NAD NEC National Electrical Code NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NPDES National Pollutant Discharge Elimination System NWRI National Water Research Institute Professional Engineer PE PUD Public Utilities Department (can also mean Planned Unit Development) ROW Right -of -Way SDP Site Development Plan South Florida Water Management District Site Improvement Plan SFWMD SIP f 19-EIS-04145/1504813/11 11 UPS USACE WEF Utilities Performance Security U.S. Army Corps of Engineers Water Environment Federation (Ord. No. 04-31, § 6; Ord. No. 07-60, § 1; Ord. No. 2018-36, § 1) Sec. 134-57. - Policies and standards. (a) Utility service: Availability of service from the dDistrict. (1) As a requirement to developer's submittal of construction documents, developer shall obtain prior written verification from the Public uUtilities dDepartment regarding service from the dDistrict, which shall: (i) ascertain the current status of utility service from the dDistrict, if any; (ii) identify restrictions, if any, of availability of such service(s); and (iii) provide pertinent facts regarding location and availability of dDistrict's existing and/or then proposed dDistrict utility system(s). The Public Utilities dDepartment shall respond in writing to all such requests. (2) Service from the dDistrict not readily available. Service from the dDistrict is not "readily available" except to the extent that the extension of the dDistrict's utility facilities is then a planned five-year capital improvement program in the then current Collier County Water and/or Wastewater Master Plan, and the respective plan's extension to the project site is planned to commence within five years or less from the time of the inquiry from the developer to cCounty staff for such service(s). If an extension of the dDistrict's facilities to the respective project is planned to commence within five years according to the then applicable master plan, but the applicant desires that such then planned time schedule be accelerated in time, the developer may negotiate a utility facilities extension agreement with the dDistrict, (which agreement may include upsizing provisions. (3) Development project extending its utility facilities to the dDistrict's system if connections to interim facilities are not available. If the dDistrict's respective utility system does not have access "readily available" to serve the respective project in the dDistrict's service area (as such service availability is then specified in the respective master plan as described herein), extensions of the project's utility facilities to the dDistrict's infrastructure will be required unless interim service is available from another utility as specified below. No such extensions shall be any responsibility of the cCounty or the dDistrict, fiscally and otherwise (time and schedule) and such facilities must be dedicated to and accepted by the dDistrict at no cost to the dDistrict before any such respective utility service from the dDistrict commences. (4) Interim service provided by another utility service provider until dDistrict's facilities may become available. If it is determined by the cCounty staff, in consultation with representatives of the project desiring the utility service(s), that neither of the above -stated two alternatives (extension of the project's utility facilities to the dDistrict's system, or a utility facilities extension agreement to extend the dDistrict's facilities to the project earlier than contemplated in the then applicable master plan) is feasible, only interim service from another utility (governmental, municipal or private) can be authorized by the pubesPUD adMiRistrate Head or designee by means of agreement. The PUDu+,4��, Head or designee on behalf of the dDistrict may authorize the other utility to provide interim service to the project, in accord with paragraph 10 of Section 5 of Chapter 2003-353, Laws of Florida, the dDistrict as a matter of that law cannot and shall not approve any expansion of any permanent utility facilities from any such other utility or utility service provider into or within the dDistrict's then existing service area. No such extension shall be any responsibility of the cCounty or the dDistrict, fiscally and otherwise (time and schedule). Each such interim service agreement (between the project and the other utility or utility service provider) must be executed by the other utility or service provider, by authorized representatives of the project to be served, by the dDistrict and by the bBoard. f 19-EIS-04145/1504813/11 12 (5) Interim utility facility. Provided (a) the project extending its utility facilities to the dDistrict's system is not feasible, and (b) interim service from another utility or other service provider is not feasible, and (c) a utility facilities extension agreement (Form 1) is not feasible, and provided the proposed interim utility facility/system is then a lawful use at the project site (in accordance with the ccounty's LDC and all applicable laws, oOrdinance, rules, regulations, and relevant written agreements, if any), the project's representatives may apply to staff to request authorization for an interim service facility/system by entering into an interim facility/system agreement (see Standard Form 1, herein below). Each such service agreement must be executed by authorized representatives of the project to be served by the interim utility facility, by the dDistrict and by the bBoard. (6) Adequate public facilities letter. In the event the proposed development is outside the service area of the DistrictSSWSD, but within the then certificated service area of any another utility or utility service provider, that utility or utility service provider shall submit an adequate public facilities letter to GMD. That letter must prove that prompt availability of such service is available to adequately provide the utility service(s) and must demonstrate that the entity can and will provide service to the proposed development in accordance with Chapter 64E-6 F.A.C. for water and wastewater service systems having a capacity not exceeding 10,000 GPD; also in accord with Chapters 62-550 and 62-555 F.A.C. for water systems having a capacity of greater than 10,000 GPD, and/or with Chapter 62-600 F.A.C. for wastewater systems having a capacity of greater than 10,000 GPD. The adequate public facilities letter must clearly describe the type and capacity of the utility services that is available in accordance with the then existing standards in Chapter 64E-6 F.A.C. or Chapter 62-600 F.A.C., as applicable, and must include all restrictions or requirements the utility (or service provider) may have regarding the issuance of a binding written commitment for such service(s) to the proposed project. In the event that potable water, non -potable irrigation water and/or wastewater service is not readily available to fully serve the proposed project, it shall be the developer's responsibility to extend and/or improve such service so that such service(s) can be utilized, or clearly and fully detail the steps that will be taken to be served with interim utility services. All F.A.C. provisions referred to herein that are renumbered shall be fully applicable. Refer also to this article's definition of adequate public facilities letter, which is incorporated herein. The GMD administrator or designee may require additional information from the utility (or other service provider) in addition to the adequate public facilities letter, whereby the utility (or other service provider) must prove to staff's reasonable satisfaction that the required service(s) are readily available and will be provided promptly. If requested by staff, the other utility (or service provider), at no expense to the cCounty, shall promptly provide staff with a capacity analysis report for such utility service(s), as well as such other additional information as may be requested by staff. The burden of proof is on the utility or service provider. (b) FDEP permits. (1) With respect to development and/or release of FDEP construction permit applications from the @Growth eaManagement dDepartment, written approval from the ........ ... .eGtE)F (GOU ty eRg;Reep)Development Review Division Director or designee of the utility portion of the construction documents for the potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof is mandatory before the cCounty or dDistrict executes and releases applications for any required FDEP permits. Prior to commencement of construction, FDEP permit must be issued. With respect to development of and/or construction activities for an interim utility system, the development may obtain executed FDEP permit applications prior to 8RgiReerin FeVie ., Son,,, GS division Aire. tOF (GOunty eng;Reer)Development Review Division Director final written approval of construction documents. Under no circumstances shall construction commence with regard to the interim utility system until the construction commencement criteria in subsection 134-58(f) herein have been satisfied. With respect to those service areas outside the DistrictECWSD, copies of all approved FDEP construction and operating permits shall be submitted to the cCounty or dDistrict immediately upon issuance and receipt. (2) With respect to the FDEP certification of completion of construction forms, the wiew Gor i..os di„ icier, diF8Gt9r (GGURty o �r�Development Review Division Director or designee f 19-EIS-04145/1504813/11 13 will have the forms executed by the publiG Utilities divisieR after they receive the utility ^~ a;I inspection approval letter during the prelimi inal acceptance process. The engineering ^ sei vices d^vfc4^^ d*FeGteF (GGYRty eF)Development Review Division Director or designee will release the forms after review and approval of the required utility conveyance checklists items in the standardsmManual per preliminary conveyance policy. (c) Design and performance standard manuals and publications. The minimal, but mandatory, utility design requirements of this article are established by the most recent technical standards, procedures and criteria as set forth in the latest edition(s) of the publications and standards listed in the standards mManual. The minimal, but mandatory, utility design requirements set forth in the standards mManual are incorporated herein and are, thereby, an integral part of this e0rdinance. Deviation from the established criteria, as set forth in the standards mManual, is not precluded, provided that, the engineer of record shall provide, for eCounty wWater or wWastewater dDirector review, a design deviation based on such rational criteria that promotes, protects, and/or improves the public's health, safety and welfare and upon such showing, receives the eCounty's or dDistrict's prior written approval. Neither eCounty nor dDistrict approval shall be granted to any proposed design that jeopardizes the public health, safety and welfare, or that would result in a system performance less than that which would be provided to the public by adherence to the recognized and accepted industry standards set forth in the manuals/publications listed in the standards mmManual. (d) Owner's responsibilities to maintain or repair interim utility facilities. Project developers, their successors, or assigns, that own the respective interim utility facilities and/or system(s) shall be responsible to maintain, repair and/or replace all interim facilities and/or systems, including all costs, if any, incurred by the sCounty or dDistrict to maintain and/or repair interim utility facilities in compliance with this eOrdinance and with all applicable standards and regulations, including FDEP potable water and/or wastewater quality regulations and other regulations. Such costs shall be borne by the developers, their successors, or assigns of such facilities and/or systems, including homeowner's associations and similar associations, as applicable, and shall run with the land (where such facilities and/or system are located) until, if and when, the interim facilities and/or interim facilities are connected to the Collier County Water -Sewer District's system. (e) Construction observation and inspection. See subsections 134-59(a) and (d). (f) Utilities conveyance and acceptance. The transfer of ownership of any utility facility, including any interim utility facility, and/or any reclaimed water system or portion thereof, to the dDistrict shall comply with the requirements of law, as set forth in the Florida Statutes, and applicable sCounty resolutions. (Refer to section 134-60: Utility conveyance procedures herein.) (g) Utility easement. (1) All uses of Collier County Utility Easements (CUE) shall be in accordance with this eOrdinance or other bBoard approved uses and shall be for the exclusive sub -surface use of the beard District or other sCounty or dDistrict approved uses. All CUEs shall comply with relevant LDG requirements of this Ordinance, unless specifically authorized to do otherwise in writing (in the form of a eUtility dDeviation (Form) by the public utilities departmen+PUD administraterHead or designee(s). Any use, other than service crossings, of a CUE that is not authorized by the sCounty or dDistrict is prohibited. Any use of a CUE that creates a hazard or potential hazard to the potable water, non -potable irrigation water and/or wastewater system(s), or portion(s) thereof, or to the employees of the beard/sCounty D or District in the performance of their duties is prohibited. Private road rights -of -way with CUE overlays are exempt from the exclusive use provision, however, all design setback and construction requirements of t#e-this e0rdinance shall be adhered teapply. (2) Privately -owned utilities may be allowed within a CUE, subject to prior approval by the engiReering ro",o,^, Sor iG8S division d;FeGt r (,.,,unty eng'Reer)Development Review Division Director or designee with coordination with the transportation services division and/or the ppublic eUtilities dDepartment, and provided that such privately -owned utility does not hinder operation and/or maintenance and/or repair activities and does not create an unnecessary financial burden to the rate payers of the dDistrict. Aboveground improvements such as, but not limited to, paved f 19-EIS-04145/1504813/11 14 parking, decorative walls and/or landscaping may be permitted to be installed within a CUE by the grantor, its successors or assigns. However, all costs and expenses of any and all repairs, replacements, maintenance and restorations of all such improvements shall be the sole financial responsibility of the grantor, its successors or assigns. These cost obligations shall be clearly stated on the approved plans, record drawings, and, if applicable, in the homeowners' association documents but failure to state such obligations shall not affect these obligations. (3) Combined water -wastewater easements shall be agreed upon on a case -by -case basis, dependent on depth of lines and shall not be combined, unless and until approved by the o.,'Meerin , ro";o,^, won,;, es division .dire..+.,r (,.,,unty engin000Development Review Division Director or designee. (4) Width of easements. a. Minimum width of potable water main, force main, and/or non -potable irrigation main easements shall be 15 feet. b. Minimum width of gravity wastewater easements shall be twice the depth of the bottom of the line or 15 feet, whichever is greater; and c. Lift station easements shall be at least twice the depth by twice the depth of the lift station inside-of-wetwell bottom or 30 feet by 30 feet, whichever is greater; and d. Combined water -wastewater easements shall be agreed upon on a case -by -case basis, dependent upon depth of lines. e. In the event that the CUE(s) do not provide the cCounty/dDistrict with full, adequate physical access to the respective utility facilities, the cCounty/District must be provided with other written rights of physical access to such utility facilities. f. For well easements, refer to the LDC. (h) Building permits —Connection fees and charges. County shall not approve the issuance of a building permit until the utility construction documents, together with the associated plat, have been reviewed and approved pursuant to the LDC, and all appropriate potable water, non -potable irrigation water and/or wastewater system impact fees, connection fees and the cCounty's costs or dDistrict's costs, if any, of making emergency repairs or maintenance to the utility facilities before final acceptance of the utility facilities have been paid. The developer shall be responsible for coordinating development activities with the cCounty, and shall ensure that all necessary utility construction documents, plats, etc., are submitted for review and approval. Temporary use permits shall be exempt from the utility construction document approval requirement prior to building permit approval, unless specific conditions preclude such exemption. (i) Certificates of occupancy. A certificate of occupancy shall not be issued for any structure prior to final inspection approval, FDEP approval to place potable water and/or wastewater systems into service and ^r final acceptance of all potable water, non -potable irrigation water and/or wastewater systems required by this o0rdinance or the LDC. (Ord. No. 04-31, § 7; Ord. No. 07-60, § 2; Ord. No. 2018-36, § 1) Sec. 134-58. - Construction approval and document submissions. (a) General. This section establishes the cCounty's or dDistrict's minimum requirements, pursuant to, or in addition to, the minimum LDC requirements for the submission of the following construction documents by the developer, owner and/or contractor, for cCounty or dDistrict review; however, the 8Rgi oorir,g ram^ -. mac diViGi^ dire^+^r (GG61 ,d^, 8^^i Development Review Division Director or designee or dDistrict staff may require additional data, as the cCounty or dDistrict staff deems necessary, in order to complete its review of: f 19-EIS-04145/1504813/11 15 (1) Potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof for projects proposing to connect to existing potable water, non -potable irrigation water, and/or wastewater systems; and (2) Potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof for projects proposing to be served by interim potable water, non -potable irrigation water and/or wastewater treatment systems. Where practical, as determined by the cCounty staff during the plan review process, potable water distribution main extensions shall be looped to cCounty (dDistrict) potable water transmission mains. Water distribution mains at culs-de-sac, if not looped, shall have a flushing device at the end of the line. (b) Construction documents. (1) Preparation of construction documents. Construction drawings and technical specifications for the construction, extension and/or modification of potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof shall be prepared by, or under the supervision of, and shall be certified by, the engineer of record, a professional engineer licensed to practice in the State of Florida, under F.S. sk,-Ch. 471. (2) Pre -submittal conference. it ;s required +ho+ "Prior to initial submission to cCounty staff of construction documents, the owner, developer or authorized agent, (the "applicant") shall confer with the—pPublic uUtilities Department representative and semm6lRmty development envorenment ^ti^�sDevelopment Review Division representatives to obtain information and guidance, and to initiate an informal preliminary review, pursuant to this Ordinance and the LDC, as may be amended, before substantial commitments of time and/or money are made in preparation and submission of further documentation. (3) Submittals. Unless instructed otherwise at the pre -submittal conference, initial submittal of construction documents, together with any supportive materials, shall be submitted to the ,,., ,,,,,ity devel,,.,. eRt and o eAtaI s se.„dMi ,s+rateFDevelopment Review Division Director or designee and shall be accompanied by a descriptive cover letter. Such cover letter shall contain, but not be limited to, the following: a. Project name. b. Location of project. c. Type of utility construction proposed. d. Estimated number of potable water, non -potable irrigation water and wastewater users to be served by the proposed construction. e. Explanation of what action the cCounty or dDistrict is being requested to take regarding the materials submitted. f. List of documents attached. g. Engineer's report. A concise report summarizing the proposed construction including connections, phasing, assumptions, and estimated total flows. 1. In the event the proposed construction is part of a proposed subdivision development and plat review process, applicant shall additionally follow, unless otherwise set forth herein, the "development requirements" procedures set forth in LDC, as then amended. 2. The cCounty requires complete data and information with this initial submission in order to efficiently provide the necessary review. For this reason, a "standard transmittal" form will not be acceptable for the initial submission. However, transmittal forms may be utilized for the subsequent submittal of revised documents, additional items requested by the cCounty staff and other information pertinent to the review and approval process. f 19-EIS-04145/1504813/11 16 (4) Schedule of fees and charges. The bBoard shall by resolution establish a schedule of fees and charges for construction plan review and inspection services. The schedule shall be posted in the gGrowth rnManagement dDepartment. The resolution shall be filed with the clerk to the bBoard. The schedule may be revised pursuant to standard resolution adoption and amendment procedures. The construction document review fee shall be submitted with the construction document submission. Tho�e_construction document review resubmmssm n fee shall be required 0the county's staff requires a third review On addition to the initial review and one resubmission. The resubrnmssmen fee shall be submitted at the tome the third submission is made. The GenStF61Gtien 0 nspeGtiGR fee shall be submitted prier to the fiRal GGRStFUGtien plan approval. The staff prier to final a ,al r,f the r os+or,. The developer shall be responsible for the payment of all fees identified above. (5) Plans, specifications and cost estimate. The engineer of record shall furnish complete sets of the construction drawings and technical specifications (engineer's report) as required by the gGrowth mManagement dDepartment (a set of bound technical specifications shall be provided for community development's master file if not already done so). Construction drawings shall be prepared on standard size 24" x 36" sheets. Technical specifications (the engineer's report) shall be typewritten on 8-1/2" x 11" sheets and bound in an acceptable manner. Technical specifications (the engineer's report) shall include an estimate of probable construction costs, prepared by the engineer of record, which contains a summary of quantities and estimate of installed cost for the potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof proposed for construction. The cost estimate shall be prepared by the engineer of record and submitted in itemized form to include the cost of all required improvements and/or the contract bid price for all work necessary to complete the required improvements. Incorporation of technical specifications into the construction drawings, in lieu of a separate set of written specifications as described above, shall not be acceptable. The construction documents shall be submitted to the Development Review Division Director community development and environmental seF iGes adm;n;strater or designee for review and written approval prior to the commencement of construction. The construction documents shall include, but not be limited to: a. Cover sheet with location map; b. Site utility master plan, indicating the overall site development and all proposed utility additions, extensions and/or improvements including easements, with references to the appropriate plan and profile sheets. If phasing of the project is proposed, phases shall be indicated on this drawing. For proposed points of connection to existing potable water, non - potable irrigation water and/or wastewater systems, the site utility plan shall indicate the method and materials to be used. Actual location of existing sewer mains and/or laterals, potable water lines and non -potable irrigation water lines and/or stubs shall be shown, where applicable; C. Identification of individual lots for subdivisions and/or buildings and structures for condominiums, multi -family projects, etcetc.; d. For all projects, the proposed meter location(s) shall be illustrated. All commercial facilities must be metered separately from residential facilities with the exception of those commercial facilities that are within a master metered residential development and designed for the exclusive use of the residents within such development. Final meter sizes shall be determined by the Collier County Public Utilities Engineering and Project Management DepartmeRlDivision Director or designee, and the construction document shall note if water services are to be installed by others. For preliminary meter sizing, see Consolidated Impact Fee Ordinance No. 2001-13, as amended, superseded or consolidated; e. All existing utility easements on the particular property shall be shown on the drawings. Proposed easements may be required to be shown if the site working space is confined, as determined by cCounty staff on a case -by -case basis. Easements required to be shown shall be clearly labeled and shall show the width and limits (refer to 134-57(g)); f 19-EIS-04145/1504813/11 17 Plan and profile sheets shall indicate the horizontal and vertical locations for all potable water, non -potable irrigation water and/or wastewater additions, extensions and/or improvements, including all appurtenances, as well as other proposed and/or existing system(s) or portion(s) thereof, together with all conflicts in the same general location. Special profile sheets shall be required when unique situations or complex conflicts occur that cannot be clearly detailed on standard plan and profile forms. Profiles shall be positioned on the sheet directly below the plan section they are illustrating, with the exception of utilities that are not eligible to be owned and maintained by the cCounty or the dDistrict. For such utilities that are not owned and maintained by the cCounty or the dDistrict, profiles shall be provided, but do not have to be positioned on the sheet directly below the plan section; g. Potable water, non -potable irrigation water and/or wastewater standard details. Use of the technical standards contained in the standards mManual shall be required for all construction projects. Pavement restoration, backfill standards, compaction requirements, etc., regarding work within the public rights -of -way or CUEs shall be governed by the rules and regulations established by the pPublic eUtilities dDepartment as outlined in the standards rrrrrJc nManual. Standard details involving these items shall reflect the requirements of the pPublic eUtilities dDepartment; h. Complete lift station drawings, specifications, as required, and details including shop drawings, when necessary, shall be required. A special site plan of the lift station and appurtenances shall be provided. This plan shall contain specific details on the configuration of the station, location of appurtenances such as electric service and transformers, guard posts, control panel, fencing, landscaping, etc., and the proposed location with respect to roadways, sidewalks or bike paths, driveways and proposed or existing rights -of -way or utility easements; i. Potable water and wastewater system hydraulic calculations; j. A symbols and abbreviations legend; k. A list of all cCounty or dDistrict inspections that require 48-hour notice; I. A statement as to who owns and maintains the onsite potable water, non -potable irrigation water and wastewater systems (refer to subsection 134-60(d): record drawings herein). (6) Connection to noncounty-owned wastewater systems. When connection to a central wastewater system, other than those owned and maintained by the cCounty, the dDistrict, or other appropriate water -sewer dDistrict, is proposed, the requirements of section 66-2 of the Collier County Code of Laws and Ordinances and amendments thereto shall be satisfied and shall comply with subsections 134-57(a)—(e) herein: (7) Rights -of -way permits. Construction within dedicated public rights -of -way shall require an approved permit from the appropriate governmental county, state and/or federal agency. A copy of the approved permit shall be submitted to cCounty staff, prior to the project pre -construction meeting. Utility construction within a right-of-way owned by the State of Florida, shall require a FDOT utility permit. When companion FDEP permit applications must be obtained, they will be released for processing prior to final FDOT permit approval, provided the construction documents are satisfactory to the pUbliG 61tiliti8G.PUD admiRis#aterHead or designee. (c) Fire control district approval. (1) All construction drawings containing potable water distribution systems or portion(s) thereof shall be reviewed by, and shall require written approval by, the appropriate independent fire control districts. Fire hydrant location design shall be in compliance with the LDC or NFPA regulations, latest edition, whichever is more restrictive. The fire control district shall provide the cCounty staff with a letter approving the number and location of the fire protection facilities to serve the project. This letter shall contain an agreement by the fire control district to accept the ownership and maintenance responsibilities for the hydrants after construction is complete pursuant to the established policy of each individual fire control district in effect at such time. The pPublic eUtilities dDepartment will be responsible for the fire hydrant lead, up to and including the gate valve as f 19-EIS-04145/1504813/11 18 specified in the standaras,mManual, unless the fire districts do not accept ownership of the fire hydrants and leads after the isolation valve, in which case the entire lead and fire hydrant shall be dedicated to the dDistrict. (2) Upon completion of the potable water system construction, the engineer of record shall provide to the community development and environmental services administrator or designee field fire - flow testing documentation by the appropriate fire control district that establishes that adequate fire -flow capabilities exist. The engineer of record must incorporate demand capacity and meter - sizing data establishing that the water meter selected does pass the total flows required by the project in the engineer's report for projects that are to utilize a master water meter to which fire hydrants shall be connected. (3) The-District^^,n+„ water sewer diStFiG shall not be responsible for, and shall be held harmless from, any damages or loss resulting from inadequate sizing of a water meter to supply fire flow in addition to concurrent domestic demand for a particular project. Data on the meter sizing analysis shall also be contained in a hydraulic design report required in subsection 134-58(b)(5). Per F.A.C. 4A-46.041, the €County shall not own, maintain and test fire lines, such ownership is the responsibility of the applicable fire district. (d) Plats. (1) A copy of the proposed plat for new subdivisions that contain potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof shall be submitted with the construction drawings to the €County staff for review and approval. All County oUtility eEasements that will be required for the potable water, non -potable irrigation water, and/or wastewater system(s) or portion(s) thereof shall be shown on the plat, if possible. Further, the dedication block on the cover sheet shall contain the following statements: a. That RA_II County eUtility eEasements C( U.E.) for potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof and (ingress and €egress rights, where appropriate, are provided to the Collier County Water -Sewer District to operate and maintain potable water, non -potable irrigation water and/or wastewater utility systems or portion(s) thereof within the P latted Aarea after final conveyance to the C£DDistrict; and, where applicable, to install the s-District's connecting utility facilities within such easement(s) with no responsibility for maintenance of the surface easement area; and Applicable potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof constructed within this platted area in compliance with the requirements set forth in the Collier Countv Utilities Standards and Procedures Ordinance (2004-31), as amended,.herein shall be conveyed to the bBoard as the ex-officio governing board of the Collier Countv wWater-sSewer dDistrict upon acceptance of the additions, extensions and/or improvements required by the plat. (2) Final approval of construction documents for a project will not be made until the bBoard, pursuant to the LDC requirements, has duly approved the proposed plat. Plats submitted and approved by the bBoard shall be in complete accordance with this oOrdinance. Any requests for deviations from this oOrdinance shall be clearly outlined in the executive summary, with a copy sent to the affected division(s). Deviations approved as part of the plat shall not be valid unless clearly outlined in the applicant's submittal letter and a copy of such approval by the pubpubliG utilities depaFtMeRtPUD aaMiRistr e Head or designee(s) is provided. If a plat is not required for a specific project, the engineer of record shall provide documentation confirming such so that the scounty staff may determine the extent of utility easements that must be provided. (e) Utilities performance security and final ;;eptaPGe obli atiGPS Gash h.,..J (1) Notwithstanding any other provision(s) in this eOrdinance, the developer shall be required to furnish a utilities performance security ("UPS") in an amount equal to 110 percent of the engineer's estimated probable cost of construction for potable water, non -potable irrigation water (where applicable) f 19-EIS-04145/1504813/11 19 and/or wastewater system(s) or portion(s) thereof that will be conveyed to the District or $10,000.00, whichever is greater. The developer shall submit the final aGGeptanGe obligatiep's UPS with rip or to final ^^ns+r, cti„n dOC n,on+srecording the plat. The UPS must be approved by the Collier County Attorney's Office prior to commencement of utility consttru ctmo�.rctinn+inn record in the plat. The final acceptance obligations rash bong shall he required, but aA UPS is not required for the construction phase of a project, provided development is ncc rripg I DG reg„iremen+� Upon conveyance of utility systems) or portions) thereof to the District, the developer may request a reduction of the UPS for infrastructure installed and inspected to an amount equal to ten percent of the cost of utility construction but not less than $10,000.00. --G" A UPS shall be required on all projects during the guarantee or warranty period as described �n this ordinance. The final acceptance obligations cash bond is to FeimbuFse the county or district for any and all late fees and all direct and indirect expenses incurred by the county or district that would not have been incurred Of all duties and responsibilities had been promptly performed by the responsible party as required by this ordinance, including, and not limited to, final atterney�s affidavit, all costs of final utility inspeGtiGR(G), F8G9Fd4Rg fees, one year sewer viewer report, video Staff may summarily waive the UPS requirement when the utility facilities/systems are being constructed by, or on behalf of, another governmental entity, such as, but not limited to, the Collier County School Board, a fire district, the State of Florida or any agency thereof, or the Government of the United States or any agency thereof. (2) Upon preliminary conveyance of utility system(s) or portion(s) thereof to the county, the developer may request a reduction in the UPS in an amount equal to ten percent of the probable Cost Of Utility Gonstruction for the required guarantee eF warranty peried. FGF completion of system(s) Gr P0400R(S) thereof r--.A-.nstrI-IGted on private, non subdivided property, a ten PGFG asseptaRee of the—se,;,pletedutility —syste ,(s`orportien(s) thereAfWhenever reasonably possible, the UPS amount shall be based on the actual bid price of the potable water, non -=potable irrigation water (where applicable) and/or wastewater systems) or portion(s) thereof that will be conveyed to the District. Whenever a bid price is utilized, a copy of the accepted bidder's proposal form shall be submitted with the UPS. An opinion of probable construction cost signed and sealed by a Florida licensed professional engineer will suffice when the actual bid price is not available. The UPS shall be held by the sCounty or dDistrict until the end of the warranty period and shall secure and cover the performance of the developer in rnnstr, ioiep and m,iptaipipgconstructing the subject permitted potable water, non -potable irrigation water and/or wastewater additions, extensions and/or improvements in accordance with the Manual. Acceptable UPS forms shall be a performance bond, cash bond, irrevocable letter of credit, or escrow agreement. The UPS must specify that the security shall not cease unless a year after the bBoard has finally accepted the utility system(s) that are covered by the UPS. No other form of security will be accepted unless a waiver of the requirements herein is granted by the bBoard. All surety companies associated with a performance bond shall hold a current certificate of authority, as issued by the tTreasury dDepartment, as an acceptable surety on federal bonds under an Act of Congress approved July 30, 1947. (3) Attorneys -in -fact who sign a performance bond must file with the bond a certified copy of their power of attorney certificate. The bond must either be signed; or countersigned by a Florida registered agent. The surety shall be directly responsible to the sCounty and the dDistrict should the bond be utilized to complete any repairs or work on the project. f 19-EIS-04145/1504813/11 20 (4) The issuer of any letter of credit shall be a federally insured and regulated savings and loan association or commercial bank, authorized to do, and doing business, in the State of Florida. The place of expiry must be in Florida. Any letter of credit must be irrevocable for at least 24 months and must apply to both the construction and maintenance obligations of the developer and all final utility acceptance obligations, including late fees, and must be acceptable to the Collier County Attorney. The beneficiary of any letter of credit shall be the b card. The beneficiary of a letter of credit provided as a UPS shall be entitled to draw on the letter of credit if: a. The developer has failed to construct or maintain the subject potable water, non -potable irrigation water and/or wastewater improvements; or has failed to fully perform all final acceptance obligations. Final acceptance obligations must be submitted to y-the Growth M@Ra GFne t DepartmGROevelopment Review Division_develepmeRt and aGGe.,+a b. The letter of credit is scheduled to expire prior to final a^^en+e^^ethe end of the warranty , as described in subsection 134-60(c) herein, and alternative performance security has not been provided and accepted in accordance with this e�rdinance within three business days prior to the expiration date. (5) A final utility inspection of the subject potable water, non potable irrigation water and/o wastewater system(s) or portion(s) thereof shall be conducted prior to release of a UPS. All construction and maintenance obligations covered by a UPS shall be guaranteed and maintain Utility iRSPGGtien, the GG6IRtY staff shall provide written n0tiGe te the engiReer of reGerd, if praGtiGable, approximately 30 days prier te the GOmpletien of the ene year period from aGGepta by the GOunty, the distriGt or the beard ef the system(s) er pertion(s) thereof. The represGRtati of the G06inty, engiReer of reGerd, GentraGter, and developer shall GGRd6IGt final Utility iRSPeGtiE)R-. (6 ) The final acceptance obligations cosh bond and the UPS shall remain, at all times, in full force and effect . Upon such approva4 e county staff shall return and release the UPS to the project engineer or the developer's designated agent and shall return the then due paymen balance, Of any, of the final acceptance obligations cash bond, without interest, to the entity that supplied the fiRal aGGeptaRGe eblig@tiGRS Gash bGRd. The previder of the Gash beRd shall be StFiGtly FeSPGRsible to promptly keep GGWRty staff advised Of SUffiGiGRt mailiRg ret6iFR 'RfE)rma obligations Gash bGRd dGeS Ret notify staff in WF tiRg to the GGRtrary, the fiRal aGGepta obligatiORS Gash bond shall run with the land- if the land is sold er otherwise transferred OR t4e owner's of the common areas, such as the condominium association or developer's associati if due to default of the provider of the final acceptance obligations cash bond, it is not possible staff to ascertain the refundable amount of the bond within four years of the date of delivery -of that cash bond tA thp GGIIRty and the diStFiGt, the Gash hend shall he ferfeated to the public utiliti— depart ;;entafter deducting all then known obligations payablEIMf that bond. (f) Construction commencement. Potable water, non -potable irrigation water and/or wastewater system construction shall commence only after receipt of the following: (1) a —Final written approval of the construction documents. b. Preliminary work a therizatien (PVV ) approval as OUtliRed n he -LDS (2) FDEP construction permits for the potable water, non -potable irrigation water and/or wastewater systems. (3) Any other permit that may be required for potable water, non -potable irrigation water and/or wastewater construction, including, but not limited to SFWMD ERP, MSW, USACE dredge -fill, NPDES and FDOT permits. f 19-EIS-04145/1504813/11 21 (4) Pre -construction meeting as outlined in subsection 134-59(b) herein. (g) Construction document modification. The e„'iReeRR' GeS diViSiGR diF8GtGF (,.,, Rty er�g+eeer�Development Review Division Director or designee, prior to commencement of construction, must approve all modifications to previously approved construction documents. The engineer of record shall submit a construction document modification including a written technical description of all modifications, any and all applicable fees, and revised construction drawings to the cCounty staff for written approval prior to construction. (Ord. No. 04-31, § 8; Ord. No. 07-60, § 3; Ord. No. 2018-36, § 1) Sec. 134-59. - Construction observation and inspection. (a) General. (1) Installation of all potable water, non -potable irrigation water and/or wastewater systems or portion(s) thereof and/or connections to existing utility systems within the cCounty shall be observed and inspected by qualified professional and technical personnel as deemed necessary by the engineer of record. Construction observation and inspection is required to ensure that the system(s) or portion(s) thereof accepted by the bBoard have been installed in accordance with the cCounty staff approved construction drawings and technical specifications. Construction observation and inspection is further necessary to ensure that the cCounty and the potablevruprc-vvater^,o++or non potable urination water andier wastewateF dDistricts shall receive utility systems or portion(s) thereof that require minimum capital expenditure for operation and maintenance. (2) Under no circumstances will the cCounty or the dDistrict accept anything less than the following. To assure proper laying and backfilling of utilities pipes and other underground utility facilities that can be damaged by improper laying or backfilling, a minimum of one or a combination of the following methods shall be utilized at the election of the entity doing the installation of the respective facilities: (i) mechanical screening of native bedding and backfill material to a compacted height of one foot above top of pipe, (ii) importing of select bedding and backfill material to a compacted height of one foot above top of pipe, (iii) full-time inspection during laying and backfilling to a compacted height of one foot above top of pipe, or (iv) certification by a geotechnical engineer licensed to practice in the State of Florida that the native or existing soils to be encountered during the construction of the underground utility will be suitable for use as bedding and fill material. If full-time inspection is the chosen alternative, such inspection shall consist of on -site inspection by a non -county -government -employee licensed professional engineer and/or qualified inspector under the supervision of the professional engineer performed (at no expense to the cCounty or dDistrict for private projects) during the installation (laying and backfilling) of all potable water, or non -potable irrigation water and/or wastewater systems or portion(s) thereof. Record drawings shall state which method was used to assure proper laying and backfilling of material. (b) Pre -construction meeting. Upon cCounty staff approval of a project's construction documents, and prior to the commencement of construction, a pre -construction meeting shall be conducted pursuant to the LDC. The pre -construction meeting shall be held in the offices of the cCounty or, if deemed appropriate, at the office of the engineer of record. Representatives of the cCounty, the applicant(s), the engineer of record, the utility companies, the contractor and the developer shall attend the pre - construction meeting, unless waived by the cCounty staff. At the pre -construction meeting, a schedule of construction activities and copies of all applicable state and federal permits shall be provided to the cCounty representative(s). At least 48 hours written notice shall be provided for scheduling the pre - construction meeting with the cCounty staff. Should any utility construction commence prior to the pre - construction meeting, the cCounty staff shall have the right to require partial or full exposure of all completed work for observation, inspection and verification that utilities were installed in accordance with the approved construction documents and technical specifications. The owner, developer or authorized agent shall notify the cCounty staff in writing of which one or a combination of the following methods will be used to assure proper laying and backfilling of utilities pipes: 1) mechanical screening of native bedding and backfill material to a compacted height of one foot above top of pipe, 2) importing f 19-EIS-04145/1504813/11 22 of select bedding and backfill material to a compacted height of one foot above top of pipe, 3) full-time inspection during pipe laying and backfilling to a compacted height of one foot above top of pipe, or 4) certification by a geotechnical engineer licensed to practice in the State of Florida that the native or existing soils to be encountered during the construction of the underground utility will be suitable for use as bedding and fill material. (c) Construction scheduling. All potable water, non -potable irrigation water and/or wastewater system construction in right-of-way areas, including pressure testing and sewer lamping, shall be completed in accordance with the approved construction plans and technical specifications prior to proceeding with the stabilization of the roadway sub -grade. Installation of improvements that would complicate corrective work on the potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof, shall be considered in scheduling all adjoining and/or related phases of the construction. The County staff shall be notified within 24 hours, with written follow-up, of any problems and/or conflicts with the construction of the additions, extensions and/or improvements as they affect the completion of the proposed system(s) or portion(s) thereof in accordance with the approved construction plans and technical specifications. Failure to comply with this regulation shall constitute just cause for the issuance of a stop work order by the cCounty staff and the cCounty staff shall have the right to require partial or full exposure of any related work which has been completed, in order to observe, inspect, and verify that the utilities were installed in accordance with the approved construction plans and technical specifications. (d) Construction observation and inspection. (1) General. Pursuant to the F.A.C., Chapter —Rule 62-555.533, the construction of potable water and/or wastewater system(s) or portion(s) thereof requires a professional engineer ("P.E.") to certify that the construction was completed in accordance with the approved construction plans and technical specifications. The certification must be based upon on -site observation of construction; therefore, all potable water, non -potable irrigation water and/or wastewater systems construction shall require on -site construction observation in compliance with the LDC and F.A.C., Ghapte�-Rule 62-555.533, as may be amended hereafter. The construction observation shall be performed by a P.E. licensed to practice in the State of Florida or a designated technical representative under the P.E.'s direction. The P.E.'s certification of construction compliance with cCounty staff approved construction documents verifies that the potable water, non -potable irrigation water and/or wastewater systems or portion(s) thereof have been constructed in accordance with record drawings. Refer to section 134-60: Utilities conveyance procedures. (2) Construction inspections by cCounty representatives. a. Upon final written approval of construction documents by the cCounty staff, the engineer of record shall be provided with a list of standard inspections that require the presence of a cCounty representative. All required inspections shall be identified in the cCounty's staff's approval letter for the project. The engineer of record or applicant's contractor shall be responsible for requesting cCounty inspections based upon the scheduling and progress of construction. Requests for inspections shall be provided to the cCounty staff at least 48 hours prior to the requested inspection to allow scheduling of the cCounty inspector. Verbal confirmation of the inspection time or a request to reschedule the inspection shall be made by the engineer of record. During the cCounty inspection, the engineer of record or his/her designated representative shall be available on -site. b. Routine cCounty inspections shall be performed without notice on all potable water, non - potable irrigation water and/or wastewater systems construction to ensure compliance with cCounty approved construction documents. In the event the cCounty inspector, or an employee of the pPublic cUtilities dDepartment, during an on -site inspection, finds construction in progress which does not comply with the procedures and policies contained herein and/or the approved construction documents, the cCounty inspector, or employee of the pPublic cUtilities dDepartment shall have full authority to issue a stop work order. Such stop work order shall remain in full force and effect with respect to the non -compliant work f 19-EIS-04145/1504813/11 23 until the documented discrepancies have been corrected to the full satisfaction of the pPublic uUtilities dDepartment. Construction -related inspections, where applicable, shall include, but not be limited to, the following: 1. Hot taps to potable water lines larger than six inches and wastewater systems lines greater than four inches.* 2. Master meter and bypass piping. 3. Jack & bore casings.* 4. Pressure tests.* 5. Infiltration/exfiltration tests.* 6. Lift station installation, prior to cover-up and start-up.* 7. Lift station start-up.* 8. Lamping of sewer lines.* 9. Pigging and flushing of wastewater lines, force mains, potable water mains and non - potable irrigation lines. * Note: full bore flushing and pigging of potable water lines need only water division inspection. 10. TTeIevms_k)P rding of wastewater lines at the end of construction and prior to final acceptance the warraRty ^ ried ("in -office review"). 11. Conflict construction.* 12. Connections to existing potable water, non -potable irrigation water and wastewater systems.* 13. Eight -inch diameter or larger casing installations.* 14. Other special requirements as specified by the eCounty staff at the time of construction document approval. 15. Chlorination of water lines and reflushing of line after chlorination (needs only water division inspection only).* 16. Installation of temporary mete rs/backfl ows.* 17. Bacteriological sampling (needs water division inspection only).* 18. Hot taps to any water concrete mains, pressure tests on lines 20" and greater, and connections to existing potable systems greater than 12" need to be inspected by the water division and GMD.* 19. Fire flow testing. *An inspector on behalf of the sCounty or other qualified employee of the sCounty must be present during inspections marked with an asterisk. (e) Preliminary inspections. A preliminary inspection of the completed systern(s) or portion(s) the shall be required prier to any GenveyanGe to and aGGeptanGe by the board. During this ORSPeGtieR, the utilities will be GheGked fGF GOMpliaRGe with the approved GGRStFUGtiE)n drawings and/er approved revised GenStFUGtOGR draw'RgS. All systems must be found to be OR f6ill GOMpliaRGe with the GGURty (ef) Final utility inspections. (1) Final utility inspections procedures run with all land in, on or over which the respective utility facilities have been installed (constructed). The final utility inspection of the completed system(s) f 19-EIS-04145/1504813/11 24 or Dortion(s) thereof shall be reauired prior to final acceptance by the Board During this inspection, the utility system(s) or portion(s) thereof shall be examined for any defect in materials and/or workmanship, and for physical and operational compliance with the c—ounty staff approved reseFconstruction drawings. The UPS shall remain in offer+ unto! all final „tilit aGGeptaRGe obligatieRE; have bee.p satisfactorily GOMplet8d, passed and final acceptance boon gFanted by the hoard. Refer to section 134-60: Utilities conveyance policies and procedures. (Ord. No. 04-31, § 9; Ord. No. 2018-36, § 1) Sec. 134-60. - Utilities conveyance policies and procedures. (a) General. All utility facilities to be conveyed to the sCounty or dDistrict, at the time of conveyance to the eCounty or the dDistrict must comply with this oOrdinance and with all then applicable standards and specifications. Nothing in this o0rdinance requires that the eCounty or the dDistrict must accept title to or any responsibility for any utility facility, including each interim facility or interim system, until the facility or system has then received all proper permits/licenses from all applicable agencies prior to and during the construction, expansion, repair and/or maintenance or completion of each such utility facility or interim utility facility or interim system and the facility, interim facility and/or interim system, then complies with all applicable rules and regulations of all federal, Florida and/or local regulatory authorities or agencies, and of this oOrdinance, the utility Stan arManual and all of the documents then incorporated by reference in that mManual, and each such facility, interim facility and/or interim system is not then under litigation, enforcement action, claims and/or liens prior to the transfer and/or entering into a facilities agreement associated with the dDistrict or other independent district utility. Subject to these requirements, potable water, non -potable irrigation water and/or wastewater systems or portion(s) thereof, after pPublic i4Utilities dDepartment approval (if applicable), shall be offered to be conveyed to and accepted by the bBoard. The bBoard will accept title to the offered facilities unless in the specific instance there exists good reason not to accept title to such facilities. o, FeliMiRary aGGeptaRGe shall, after publiG utilities depaFtMeRt appreval (if appliGable), be grailted by the growth management department administrator r designee. Upon approval from the pPublic uUtilities divisioeDepartment, final acceptance of such facilities and/or system may be approved by the bBoard (GU196eqUeptW the year warranty peried) an after all final acceptance obligations and requirements have been complied with. All facilities and/or systems shall be located within a CUE, if they are to be owned, operated and/or maintained by the sCounty or the dDistrict. Neither the sCounty nor the dDistrict shall have no duty with regard to, or any responsibility for, any utility facilities until title to such utility facilities has been finally accepted by the bBoard. Notwithstanding that neither the sCounty nor the dDistrict has any duty with respect to such facilities or systems, in the event that sCounty staff deems that due to necessity (emergency) the sCounty or the dDistrict should expend money and/or perform labor to repair, replace, maintain, relocate, remove or have a contractor or other entity perform any other similar activity with regard to such utility facilities or system, the bBoard is authorized to record a claim of lien against the property, site(s) or units(s) that were responsible for such utility facilities (or system) at the time the sCounty staff deemed it necessary to act. f 19-EIS-04145/1504813/11 25 (1) Potable waterline acceptance. The bBoard may accept title to a potable water distribution system provided all pipes to be accepted are six inches or greater in diameter, and may accept title up to and including the water meter and/or backflow prevention device. All such facilities must be located within acceptable CUE(s) conveyed to the cCounty (refer to subsection 134-57(g)(4) for easement width) and/or lawfully located within public right-of-way. Neither the cCounty nor the dDistrict shall accept title to, nor responsibility to repair or maintain, any dedicated fire line irrespective of the size of the fire line. (2) Gravity sewer line acceptance. The bBoard may accept title to a gravity wastewater collection system provided all pipes to be accepted are eight inches or greater in diameter. All such facilities must be located within acceptable CUE(s) conveyed to the cCounty (refer to subsection 134- 57(g)(4) for easement width) and/or lawfully located within public right-of-way. The cCounty will accept ownership of these facilities only from a manhole or cleanout located at the property line of the facility (project) running to the main wastewater gravity collection system. The minimum acceptable as -built slope shall not deviate by more than ten percent below the allowable slope. (3) Lift station and force main acceptance. The bBoard may accept title to a wastewater collection system, including force mains and/or lift station(s), provided all pipes to be accepted are four inches or greater in diameter. All such facilities must be lawfully located within acceptable CUE(s) conveyed to the cCounty (refer to subsection 134-57(g)(4) for easement width) and/or lawfully located within public right-of-way. (4) Non -potable irrigation water main acceptance. a. The bBoard may accept for ownership, operation and maintenance non -potable irrigation water transmission systems with pipes six inches or greater in diameter, including the master meter assembly, that are lawfully located within acceptable CUE(s) conveyed to the cCounty (refer to subsection 134-57(g)(4) for easement width), or lawfully located within public right- of-way. The bBoard shall not accept for ownership, operation and maintenance any internal non -potable irrigation systems that are downstream of the master meter assembly. b. All projects requiring irrigation shall provide a non -potable irrigation water distribution system with Pantone Purple 522C piping. If and when the project is legally and physically capable of being connected, such system shall be connected to the District'sCCWSD'S system when the District'sCCWSD's non -potable irrigation water system is available to supply such service the project. The project can be issued a deviation from this connection requirement if the applicant can prove that the project is legally and/or physically incapable of being connected to the District'sCSWSD's non -potable irrigation water system owner(s) shall bear the sole responsibility of all costs associated with any additions, extensions and/or improvements necessary to allow connection to the cCounty's (or dDistrict's) non -potable irrigation water mains. c. Exceptions to subsections 134-60(a)(1) through 134-60(a)(4)b. Notwithstanding subsections 134-60(a)(1) through 134-60(a)(4)b.-, the cCounty or the dDistrict may accept title to, or responsibility with regard to such facilities if in the specific instance the public utilities PUD a.+m mnostra+^^Head or designee, for articulated reasons, determines in writing that (i) it is in the cCounty's or the dDistrict's special interest, (ii) all exceptions are the public interest, (iii) there are compelling reasons for the exceptions and (iv) each exception is reasonably necessary. Each exception to any easement requirement shall be granted only through the application for deviations process. (b) Conveyance documents. Upon the cCounty's (or dDistrict's) final approval of construction documents, engiReering review serViGes diVioiGR d;FeGt F (GE) inty eRg;nee-)Development Review Division Director or designee shall provide the developer with the cCounty's checklist (see standards maR al append*) of conveyance documents required for submission at the time the constructed system(s) or portion(s) thereof is considered for dedication to the cCounty or dDistrict. (1) All conveyance documents, including but not limited to, deeds, bills of sale, affidavits, easements, facilities agreements, subordinations, master condominium/homeowner's association documents, letters of credit and UPSs, shall be in a form acceptable to the Collier County f 19-EIS-04145/1504813/11 26 Attorney. A schedule of standard legal document forms, approved by the cCounty eAttorney, shall be utilized as a guide in the preparation of conveyance documents. (Refer to section 134-64 of this eOrdinance and Appendix D of the Standards Manual.) Revisions to standard legal document forms as provided herein shall be reviewed and approved by the cCounty eAttorney prior to submittal to the gGrowth mManagement dDepartment. (2) Each instruction in section 134-64 of this eOrdinance is a substantive provision of this eOrdinance that must be complied with unless waived in writing by the reviewing assistant cCounty attorney with regard to the specific document in the specific instance, and subject to such conditions as may be required by that attorney. (3) All documents shall be submitted to the diViSiGR diFeGtGF (GG61nf„ er}g+neer)Development Review Division Director or designee for review and written approval prior to pr final acceptance of the utility system(s) or portion(s) thereof and commencement of service. Recording of all documents shall be made by the cCounty only after written acceptance by the GMD^^,,,,, unit„ development and envi ORmeRtal s in. es Head aanillistrter or designee. All documents recorded hereafter, which do not follow this procedure, shall be returned as "unacceptable." (4) For projects where the potable water, non -potable irrigation water and/or wastewater systems or portion(s) thereof are not conveyed to the bBoard, the record drawings shall contain a disclaimer stating: "On -site potable water, non -potable irrigation water and/or wastewater systems shall be owned, operated and maintained by the master condominium/homeowner's association, its successors or assigns" (or other comparable private ownership). Refer to subsection 134-60(d): Record drawings. (5) The applicant is strictly responsible to keep staff promptly notified of current and correct mailing addresses. Until the utility facilities being conveyed are finally accepted by the bBoard, the applicant shall inform cCounty staff inWFit+ng(to the address of 2800 N. Horseshoe Dr., Naples, FL. 34104, Attn: ERgiReering Services Develop ment Review Division) of each and every change to the applicant's street address, mailing address, and/or telephone number(s). Such notice to staff shall not be effective unless receipt of such notice is acknowledged in writing by staff and such receipt is presented to the cCounty staff by any individual or entity asserting that such notice had been delivered to staff. Absent such written acknowledgement of receipt of the specific notice by staff, staff is authorized to mail or otherwise deliver letters and/or other notice(s) to the last known address of the applicant as such address is then indicated in the respective utility conveyance documents file for that applicant, and such maiiingcorrespondence shall be effective notice to the applicant pursuant to this eOrdinance. (6) Exhibit B to the warranty deed, bill of sale or combined warranty deed/bill of sale shall be a sketch or other graphic representation showing the physical location of the utility facilities being conveyed to the GCounty or dDistrict. - must describe the facilities being conveyed by type (water line, wastewater line, lift station, etc.). Staff shall stamp each such Exhibit B with stamp that reads substantially as follows (with blank spaces completed with correct informationy (c) Inspection. County staff shall require both ^re'imiRary and a final utility inspection of all potable water, non -potable irrigation water and wastewater systems or portion(s) thereof constructed. The construction of all potable water, non -potable irrigation water and/or wastewater systems or portion(s) thereof shall be observed and certified by the engineer of record and shall be inspected by the cCounty. Refer to subsection 134-59(d): Construction observation and inspection. (d) Record drawings. f 19-EIS-04145/1504813/11 27 (1) Record drawings shall accurately depict the constructed configuration of all potable water, non - potable irrigation water and/or wastewater systems or portion(s) thereof. All revisions to cCounty staff approved construction drawings shall be precisely identified and illustrated on the record drawings. All record drawings of utility systems or portion(s) thereof that are not being conveyed to the bBoard shall bear, on the cover sheet, a prominently displayed DISCLAIMER, in bold lettering at least one -quarter inch high, stating: "All on -site potable water, non -potable irrigation and/or wastewater systems shall be owned, operated and maintained by the private owner(s) and/or the master condominium/homeowners' association, successors or assigns" (or other comparable private ownership). (2) Three sets One set of signed and sealed record drawings for the potable -water - r non -potable irrigation water and/or QR-wastewater systems to be conveyed shall be submitted to the cCounty or dDistrict. v , +erAND �astewater andIor n -netable irrigation water rsystems -oPG400R(S) the. __I` _Q, GRVGyed, fiV8 Sets Of SigRe- and sealed FeGGrd drawings shall be submitted to +he ,.,,,,,,.' �+off - Each sheet of the record drawings shall identify the entity that provided the record data. Drawings shall be referenced to and tie-in with the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), and with United States Survey Feet (USFEET) units, as established by a registered Florida surveyor and mapper. (3) Record drawings and digital files shall be submitted in accordance with the requirements in the Standards Manual. (e) Bacterial analysis. Bacterial analyses shall be required for all new potable and raw water transmission and distribution systems or portion(s) thereof to be constructed. Bacteriological samples for potable and raw water system construction shall be performed prior to nY final acceptance of the system(s) or portion(s) thereof. All such analyses shall be performed by the water division laboratory at no cost to the cCounty or the dDistrict, with test results submitted in writing to the girector (GOUn+, ennineer)Development Review Division Director or designee before 30not more than 45 days ef-rior to being placed in service for transmission and/or distribution lines. The ppublic aUtilities dDepartment shall not process meter installations until bacterial tests have been satisfactorily completed and submitted, and the division has received the FDEP placement in service approval letter or other FDEP written approval. The developer shall be responsible for coordinating all aspects of submission of necessary test results and/or State approvals for placement in service of the potable water system(s) or portion(s) thereof. (f) Final costs. The developer or engineer of record shall submit to the di„iSi„n giro,.+or (GO Rty en eeF)Development Review Division Director or designee a detailed listing of all materials utilized in the utility system(s) construction. This schedule shall include the description of items, quantities utilized, per unit cost and total cost for each individual item utilized in the potable water, non -potable irrigation water, and/or wastewater system construction. The total cost of all items to be conveyed to the District, including labor and installation costs, utilized for the potable water, non - potable irrigation water and/or wastewater system shall be clearly shown on the verification of final cost schedule. A UPS of fen percent will he calculated on the verification of final cost schedule.- -- Costs shall be tabled separately for proposed cCounty-owned (certification of contributory assets county) and privately -owned (certification of private material) infrastructure(s). These cost breakdown listings will be for material costs only, exclusive of any and all labor and/or installation costs. (g) Test results. All test data, i.e., pressure, inflow and infiltration, etc., required for submission with the conveyance documents shall be certified by an engineer licensed to practice in the State of Florida. Such certification shall bear the raised seal and aR GFigiRalsignature of the engineer. Each certification shall contain computations illustrating the allowable limits for each test based on current accepted test standards, as set forth in the standards mManual, and the actual field test data obtained. Leakage within potable water, non -potable irrigation water systems and/or wastewater systems shall comply with AWWA standards as specified in the Collier County Standards Manual. Wastewater system infiltration/exfiltration data shall conform to a standard of 50 gallons/inch of diameter/mile/day for all types of pipe and shall be in compliance with the standards _rrrJc nManual. Refer to subsection 134- 59(d)(2)b. for construction inspections requiring cCounty presence. Fire flow capacity within the water f 19-EIS-04145/1504813/11 28 distribution system shall be verified through field-testing by the appropriate fire control district to demonstrate that required fire flow rates are available. Fire flow testing shall be performed during peak flow pressure conditions as determined by the utility. (h) Lift station submittals. A copy of the manufacturer's startup report for each facility shall be provided with conveyance documents. Included with this report shall be a written verification from the electrical contractor for the lift station verifying the wire type and size for the electric service and certifying that the voltage drop across the service under full load startup will not exceed five percent of the power company's line voltage at the transformer supplying the station. All tools, such as access cover lock handles, valve wrenches, keys or panel locks, required for the ready access and use of the facilities shall also be submitted to the a .p. -e, i ;g—revie"ser�ees d+visien d+restGF (GO :,;ty eng+eee Qgyglopment Review Division Director or designee with the documents. (i) Recordation fees. The developer of a project will be responsible for the payment of all recordation fees associated with the utilities conveyance procedures. The developer shall remit the total amount of the recording fee associated with recording the conveyance documents to the diViG;^^ ,+;ro^+^. (^^„^+„ o Review Division Director or designee prior to the final acceptance of the potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof. (j) Reapplication fees. If more than two submittals of any conveyance document(s) isare required because all insufficiencies specified in writing by the cCounty aAttorney in any prior submittal are not fully corrected by the second submittal, the applicant shall pay a $500.00 re -submittal fee prior to a third review of any document by staff. This fee can be reduced or waived by the cCounty aAttorney for good cause in the specific case. (k) Failure to meet deadlines. In addition to all other provisions of this e0rdinance, the applicable individual or entity is strictly responsible to meet each and every specified deadline. Failure to meet any deadline shall automatically result in imposition of a $100.00 per day late fee against the defaulting individual or entity for each day that the respective deadline is not met. The deadline is not met unless the respective document is actually delivered to staff by the end of the day of the applicable deadline date. Staff is also authorized to withhold any and all other permits, authorizations and/or permissions with regard to the property, or site(s) or unit(s) served (or to be served) by the respective utility facilities until the deadline obligation is complied with and the aforesaid late fees have been paid in full. Subject to staff attempting to provide at least 60 days prior written notice to an applicable individual or entity then associated with the respective deadline defaulting property, site(s) or unit(s) being served with utility service by the cCounty or the dDistrict by means of the utility facilities, and unless waived for good cause by staff in the specific instance upon written request for the delay filed by the defaulting individual or entity (or representative), failure to file any overdue required document on or before its respective deadline date shall automatically impose the $100.00 per day late fee and authorize staff to delay or terminate utility service to the respective delay defaulting property, site(s) or unit(s) to be served, or being served, by the respective utility facilities. This 60-day prior notice provision applies retroactively to any and all overdue required document or item, including, but not necessarily limited to, all final acceptance obligations that before the effective date of this o0rdinance had not been filed by the applicable deadline date. (Ord. No. 04-31, § 10; Ord. No. 2006-48, § 1; Ord. No. 07-60, § 4; Ord. No. 2018-36, § 1) Sec. 134-61. - Amendments. County staff may recommend amendments to this article (including the mManual and documents incorporated by reference into the mManual) as may be deemed necessary or appropriate by the public ofilitiesPUD administrate Head and, in case of actual or possible conflict with the LDC, upon the additional prior review by the GMDgr- ^ +" n,^^^^^m^^+ aaMiRistrate Head (it being understood that the LDC controls to the extent of such conflicts). Revisions to the s^�+;TManual should be made periodically by the pubpubliG utilitiesEUD adMiRistrate Head to reflect the best engineering practices, technology advances, compliance with other agencies, and public input, if any. Such revisions shall also be reviewed by the parties listed above. Revisions to the standards_mManual must be approved by f 19-EIS-04145/1504813/11 29 Resolution of the bBoard of &County &Commissioners. Each such resolution must be placed on the BCC agenda under scheduled public hearings or in the summary agenda section. (Ord. No. 04-31, § 11; Ord. No. 07-60, § 5; Ord. No. 2018-36, § 1) Sec. 134-62. - Penalties and enforcement. Violations of the n4Manual and/or each document incorporated by reference into the n}Manual are violations of this o0rdinance. Section 1-6 of the Collier County Code of Ordinances applies to this oOrdinance, to the rnManual and to documents incorporated by reference into the rnManual. In addition, any person who violates any section or provision of this oOrdinance, and/or the Golli x r,,, pty Utilities Standards Manual and/or documents incorporated by reference into the mManual is also subject to be prosecuted and punished as provided by F.S. § 125.69. Each day the violation continues may constitute a separate offense at the discretion of the enforcement forum. The bBoard may bring suit in the county court or circuit court in and for Collier County for damages, to restrain, enjoin or otherwise prevent or to correct each such violation of this article, the n}Manual and/or each document incorporated by reference into the n4Manual. This 90rdinance, the n4Manual and documents incorporated by reference into the n4Manual may be enforced by Collier County Code Enforcement Boards. (Ord. No. 04-31, § 12) Sec. 134-63. - Effective date. This ordinance shall become effective upon being filed with the Florida dDepartment of &State. Subsections 134-59(a) and (b) shall have a delayed effective date of July 1, 2004. (Ord. No. 04-31, § 16) Sec. 134-64. - Appendix A —Standard legal documents. Nothing in this Ordinance shall require the County or the District to accept title to, or any responsibility for, any facility until the facility has then received all proper permits/licenses from all applicable agencies prior to and during the construction, expansion, repair and/or maintenance or completion of each such facility and the facility then complies with all applicable rules and regulations of all Federal, Florida and local regulatory authorities or agencies, and of this Ordinance, and each such facility is not then under litigation, enforcement action, claims and/or liens prior to the conveyance of title. INSTRUCTIONS. [Unless waived in writing by the reviewing Assistant County Attorney in the specific instance, the date of each document cannot be signed and dated more than sixty (60) days prior to the meeting at which the Board of County Commissioners will consider its acceptance of the subject utility facility documents.] The following forms are to be used as a guide for preparers of instruments that shall be submitted to the Board for proposed acceptance of potable water, non -potable irrigation water and/or wastewater utility system(s) or portion(s) thereof. Adherence to the forms and instructions contained below will assure an expeditious review by the Collier County Attorney's Office, which in turn will speed the process of utility system(s) or portion(s) thereof acceptance by the Board. Deviation in substance or form from the specimen forms herein may result in substantial delay or disapproval of the utility system acceptance documents by the County Attorney's Office. Examples of previously approved forms are available from staff upon request. » _I114r1f a 11WWfi N A-11 Ilk d: 1 *4 =8Ii!Rt9:11101[61,11&14=1Y01N=I;j =12-lu7 �[�3�:1�1►6'��:i�l��il�►�j%� INSTRUCTION NO. 1. Each specimen form is prepared in a manner that indicates to the preparer the location and the type of information that needs to be inserted. This is indicated by [brackets which contain instructions]. Most bracketed information is self-explanatory. Where an in-depth instruction of the type of [19-EIS-04145/1504813/11 30 information to be inserted is appropriate, the bracketed information gives a brief explanation followed by a reference to an instruction. That instruction reference correlates to the following instructions. INSTRUCTION NO. 2. Name of grantor/mortgagee/developer/lessee/owner/surety/issuer/applicant (hereinafter collectively referred to for the purposes of this instruction as "grantor"). If grantor is an individual, insert the grantor's name followed by the grantor's marital status. If the grantor is married, the grantor's spouse must join in any conveyance instrument. As an alternative to having a grantor's spouse join in a conveyance instrument, if applicable, a paragraph can be added below the reference to Exhibit .'A -"which states: "The subject lands are not homestead lands." If the grantor is a corporate entity, show the correct name of the corporation and identify the state or other jurisdiction in which it is incorporated. If the grantor is a partnership entity, show correct name of the partnership, identify whether the partnership is a general or limited partnership, and identify the state or other jurisdiction under which the partnership was created and presently operates. If the grantor is a trust insert the trustees name, as trustee. If appropriate (Section 689.071, Florida Statutes), identify the trust and recite the authority of the trustee to convey. Your attention is directed to Chapter 689, Florida Statutes. INSTRUCTION NO. 3. Witness and signature block. All instruments, unless otherwise noted thereon, require two (2) witnesses. Example witness and signature blocks are as follows: Execution by an individual: Execution by an individual: S/ An individual First Witness —Signature First Witness —Print or Type Name Second Witness —Signature Witness —Print or Type Name Execution by a Corporation-: XYZ Corporation, Inc., a Florida Corporation By: (L.S.) Name, [President] or [Vice -President] [19-EIS-04145/1504813/11 31 Note: (L.S.) is effective as the Corporate Seal. First Witness —Signature First Witness —Print or Type Name Second Witness —Signature Second Witness —Print or Type Name INSTRUCTION: In lieu of using two individual witnesses, a corporation may execute these instruments by having the President's or the Vice -President's signature witnessed by the Corporation's Secretary (a Corporate Officer) and by affixing the Corporation's seal. Sections 692.01 and 692.02, Florida Statutes. A handwrittenhandwritten or imprinted scrawl, scroll or seal, affixed as the corporate seal below the corporate officer's signature is an effective seal. Section 695.07, Florida Statutes. XYZ Corporation, Inc., a Florida Corporation By: Name, Title (Corporate Seal) [The corporate seal can either be by simply typing the words "Corporate seal" OR by printing or stamping the words "Corporate seal" on the page under the President's or a Vice -President's signature. Witness: By: John R. Smith, Corporate Secretary* * The Corporate Secretary is effectively the same as two individual witnesses. Execution by a partnership with an individual acting as its general partner: ABC Partnership [19-EIS-04145/1504813/11 32 By: [Name], as the General Partner Execution by a partnership with an entity acting as its general partner: ABC, a Florida Partnership By XYZ Corporation, Inc., a corporate General Partner acting on behalf of the Partnership By: s/ Name, President [or Vice -President] First Witness —Signature First Witness —Print or Type Name Second Witness Signature Witness —Print or Type Name Execution by Section 689.070, Florida Statutes, Trustee: S/ [Name], as Trustee First Witness —Signature [19-EIS-04145/1504813/11 33 First Witness —Print or Type Name Second Witness —Signature Witness —Print or Type Name Execution by Section 689.071. Florida Statutes. Trustee: By: Name, as Trustee of the above referenced Trust First Witness —Signature First Witness —Print or Type Name Second Witness —Signature Second Witness —Print or Type Name INSTRUCTION NO. 4. ACKNOWLEDGMENT AND NOTARY BLOCK. The following forms of acknowledgment and notary block are sufficient. f 19-EIS-04145/1504813/11 34 For exeGutmen bv one Pteto of bounty of The foregoing instrument was acknowledged before me this day of _, 29 , b who is personally known Q.%61 G e elAltifi,.-tior, Type of *deptif*Gat*GR pFGd,,ced: (Affix nGtary sea!) Notary [Typed ofor Printed Name (or stamp)] My COR; ;* Expires: -p., ems. f 19-EIS-04145/1504813/11 35 For execution by a partnership whose nonoral partner is an en f i+v- STATE OF GIUINITV QF The foregoing document was acknowledged before me by [name of person signing], [corporate title, mus GOrperatmen], a [State Gf 'RGerperatmen], as the GE)rperate entity geReral paFtReF, en behalf of [insert exaG name ef partRership], a [iRsert name of state or jurisdiGtien Linder whose laws the paFtRership was formed irl�rtGation Type of identifiGation UGed :n y hand and official sea! this day of , 20 f 19-EIS-04145/1504813/11 36 For eve. utior. h.... ...+Ge.. a Se..+ie.. 689.071, Florida Q+a+.her Trustee• STATE OF f 19-EIS-04145/1504813/11 37 Notafy Printed or- Typed Name INSTRUCTION NO. 5. Exhibits attached to all instruments shall describe the real property that encompasses the subject utility facilities, system(s) and/or easement(s). Language on the legal description Exhibit that alters or qualifies the instrument to which it is attached is unacceptable. If the informational text of an Exhibit is not extensive (i.e., a short legal description or there are no security interests) such text can simply be added in the body of the document in lieu of an Exhibit. INSTRUCTION NO. 6. For the purposes of simplicity and brevity, references in this Appendix and this Ordinance to the Collier County Water -Sewer District shall also be construed to refer to the Goodland Sub -District, where appropriate and, as the context requires. Prepares of legal documents are cautioned to determine to which District their documents should run before preparing and submitting documents. INSTRUCTION NO. 7. Notarization of an oath. The proper notarization of an oath (or affirmation) is as follows: "SUBSCRIBED AND SWORN to before me this day of , 20 " An acknowledgment is not acceptable for an affidavit (See Subsection 117.05(13), Florida Statutes). The Affiant must both swear to the document in the presence of the Notary and must sign the Affidavit in the presence of the Notary. INSTRUCTION NO. 8. This Appendix is provided as a guide for preparers and is not intended to be all- inclusive. All documents shall be reviewed on an individual basis. If the preparer is unsure of the required form or content of any document, he or she should seek professional advice and/or assistance prior to preparing and submitting such form or document for acceptance. Form 1 - Rev. 2004 (-Interim Facilities/System Agreement-) *[Identify type of facility by inserting Potable Water Facilities, and/or Wastewater Facilities, and/or other Utility Facility (as applicable) in the TITLE of this instrument] *INTERIM FACILITIES/SYSTEM AGREEMENT THIS AGREEMENT is made and entered into this day of , 20 , by and between [Name of developer - Refer to Instruction No. 2] (Hereinafter referred to as "Developer"), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS THE EX- OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT (hereinafter referred to as "County"). Developer is used as singular or plural, as the context requires. RECITALS: [19-EIS-04145/1504813/11 38 WHEREAS, for the purposes of this Agreement the term "Developer" shall include the Developer, the Developer's heirs, successors, and assigns, including, but not limited to, any wholly owned or controlled subsidiary entity; and WHEREAS, the Developer is the Owner of the [insert name of project shown on referenced construction plans] development, (hereinafter "Project") and has submitted construction plans for an interim [identify type of treatment facility by inserting potable water or wastewater] treatment facility (hereinafter "interim treatment facility") to the County for review and approval; and WHEREAS, the Developer acknowledges and agrees that the Developer desires to provide on -site interim utility systems to service the Project until such time as the utility systems within the Project may be connected to the off -site utility systems operated by the County or District and the County systems have adequate capacity to service the Project; and WHEREAS, Collier County land development regulations require, and Developer covenants and agrees, that the Developer shall connect any interim utility system serving that Project to the off -site utility system owned and operated by the County when the County's system has been extended to within two hundred (200) feet of the Project's boundary and the County has determined that the off -site utility system has adequate capacity to service the entire Project; and WHEREAS, the extension of the off -site utility system owned and operated by the County to within two hundred (200) feet of the boundary of the Project shall be not required of the County as performance under this Agreement; and WHEREAS, all parties to this Agreement acknowledge and agree that the decision as to whether or not any off -site utility system owned and operated by the County has the capacity to service the Project shall be made solely by the County; and WHEREAS, the Developer acknowledges its obligation to dedicate all facilities, including all appropriate collection, distribution and transmission systems or portion(s) thereof and appropriate easements to the County prior to interconnection of the facilities/system to County or District's system; and WHEREAS, the Developer, or other successor entity satisfactory to the County, will maintain and operate the interim facility and the associated on -site collection, distribution and transmission system(s) as set forth herein below; and WHEREAS, the developer has previously accepted the terms and conditions set forth in this Agreement as part of the County's review and approval of the Developer's land use petitions. WITNESSETH: NOW, THEREFORE, in consideration of the covenants hereinafter contained the parties agree as follows: 1. RECITALS INCORPORATED. The above Recitals are true and correct and shall be incorporated herein. 2. INTERIM FACILITY. The appropriate on -site treatment facilities, and collection, distribution and transmission systems are to be constructed as a part of the proposed Project and shall be an interim system; all utility systems or portion(s) thereof shall be constructed in compliance with all applicable State, Federal and local standards, the Collier County Land Development Code (LDC), this Ordinance, as well as the Utilities Standards Manual, and are to be owned, operated and maintained by the Developer, or other successor entity satisfactory to the County, until such time as the County's off -site utility systems are available to service the project. The interim system shall supply services to this Project only or, subject to the County's approval, other adjacent or near -by lands owned by the Developer. The interim system may not provide service outside the Project without the expressed written consent of the Collier County Water -Sewer District and only to the extent of such written consent. [19-EIS-04145/1504813/11 39 3. DEVELOPER TO DISMANTLE INTERIM TREATMENT FACILITY. Upon connection to the County's off -site utility systems the Developer shall abandon, dismantle and remove from the site the interim treatment facility. All costs related to this activity shall be borne solely by the developer and performed in accordance with FDEP standards. 4. CONNECTION TO COUNTY'S OFF -SITE SYSTEM SHALL BE ACCOMPLISHED AT NO COST TO COUNTY. The Developer shall, at no cost to the COUNTY, make connection to the County's off -site utility system(s) within ninety (90) days of notification that such systems have become available. Costs of connection shall include, whenever the County requires, but not be limited to, engineering design, preparation of construction documents, permitting, modification or retrofitting of existing pumping facilities, construction of new pumping facilities, interconnection with County off -site utility systems, any transmission, distribution or collection lines necessary to make the connection and any required environmental audits, including the expense of bringing the subject system(s) or portion(s) thereof into compliance as well as any and all costs for clean-up, removal or remediation. CONVEYANCE OF INTERIM TREATMENT FACILITIES NECESSARY FOR CONNECTION TO AND OPERATION OF COUNTY'S OFF -SITE UTILITY SYSTEM(S). At which time as the County's off -site system(s) becomes available for connection of the Project, all utility facilities required by the County in order to make such connection shall be conveyed to the County in accordance with County Ordinances, rules and regulations then in effect, together with all utility easements required by the County. All construction plans and technical specifications related to the connection to the County's off -site utility systems shall be submitted to the County for review and approval prior to commencement of construction. The COUNTY, at its option, may require conveyance of facilities internal to the project. CUSTOMER TURNOVER. All customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County at such time as the County's off -site potable water, non -potable irrigation water, and/or wastewater systems become available to serve the Project and such connection is made. Prior to connection of the interim utility system serving the Project to the County's off -site utility systems, the Developer shall submit to the County a complete listing of customers served by the interim utility system, and shall not compete in any way with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the Project, and cooperate fully in the expeditious transfer of any billing procedures. SYSTEM DEVELOPMENT CHARGES SHALL BE PAID PRIOR TO PERMIT ISSUANCE. The Developer shall be responsible for payment of all applicable system development charges in accordance with Ordinance 2001-13, Section 74-303 D: Payment, as then amended or superseded. This requirement shall be made known to all prospective buyers of properties for which building permits will be required, and supplied in writing upon closing of such properties. BINDING EFFECT. This Agreement shall be binding upon the parties, their successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. [Developer's witness and signature block - see Instruction No. 3] ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING Name of Clerk BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER By Deputy Clerk COUNTY WATER -SEWER DISTRICT BY: Chairman [19-EIS-04145/1504813/11 40 Approved as to form and legal sufficiency By: Assistant County Attorney [Developer's acknowledgment and notary block see Instruction No. 4] Form 2 - Rev. 2004 (-Utilities Performance Bond-) UTILITIES PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that [Insert name of Owner - See Instruction No. 2] [Insert current business address of Owner] (hereinafter referred to as "Owner", and [Insert name of Surety - See Instruction No. 2] [Insert current business address of Surety] (hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida, (hereinafter called "County"), in the total aggregate penal sum of [insert written dollar amount] Dollars ($[insert numeric dollar amount]) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner entered into a certain Utilities System Construction Contract, dated the day of , 20_, a copy of which is hereto attached and made a part hereof; and WHEREAS the County has a material interest in the performance of said Contract; and WHEREAS the County has adopted Ordinances and Resolutions (hereinafter "Land Development Regulations") concerning the Owner's obligations to the County regarding the construction, conveyance and warranty of potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof constructed within the unincorporated area of Collier County; NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties to the County under said Land Development Regulations and all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the guaranty period established by the County, and thereafter, and if the Owner shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the County from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder, or the specifications accompanying same shall in any way affect its obligation on this Bond, and does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. [19-EIS-04145/1504813/11 41 PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than twenty percent (20%), so as to bind the Owner and the Surety to the full and faithful performance of the contract as so amended. The term "Amendment", wherever used in this bond, and whether referring to this bond, the Contract or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed this day of , 20_ [Owner's witness and signature block - see Instruction No. 3] NOTE: Collier County shall not accept any Letters of Credit that cannot be presented in Florida. [Surety's witness and signature block - see Instruction No. 3] [Notary and acknowledgment blocks for both Owner and Surety required - See Instruction No. 4] Prepared by: [name of person preparing this instrument] [Address of person preparing this instrument] Form 3 - Rev. 2004 - (-Letter of Credit-) IRREVOCABLE STANDBY LETTER OF CREDIT NO. [Insert issuer's identifying number] ISSUER: [insert full name and street address of Issuer] (hereinafter "Issuer"). PLACE AND DATE OF ISSUE: [insert address where credit is issued and date of issue]. PLACE OF EXPIRY: At Issuer's counters located at . [Must be in Florida] DATE OF EXPIRY: This Credit shall be valid until [insert date of second anniversary of date of issue], and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing to staff (at Engineering Review Services, 2800 N. Horseshoe Dr., Naples FL 34104) by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: [insert full name of person or entity - see Instruction No. 2] (hereinafter "Applicant") [insert Applicant's current business address]. BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") Collier County Courthouse Go 3299 Tamiami Trail East, Naples, Florida, 34112. AMOUNT: $ [insert dollar amount] (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND PRESENTED AT PLACE OF EXPIRY ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: [insert name of Applicant] has failed to construct and/or maintain the [identify type of improvements by potable water, non -potable irrigation water, or wastewater or potable water and wastewater and/or non -potable irrigation water] additions, extensions and/or improvements as shown on the plans for [insert exact name or title of project shown on construction plans], or prior to the date of expiry the applicant failed to complete the required final acceptance procedures as required by the Collier County Utilities Standards and Procedures Ordinance, and the Applicant failed to provide the County with satisfactory alternative performance security as required by that Ordinance." 119-EIS-04145/1504813/11 42 DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: "Drawn under [insert name of Issuer], Credit No. [insert Issuer's number identifying this letter of credit], dated [insert original date of issue]". The original letter of credit and all amendments, if any, must be presented for proper endorsement. This Letter of Credit sets forth in full the terms of the Issuer's undertaking, and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referenced to herein or in which this letter of credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this credit will be duly honored by Issuer if presented within the validity of this credit. This credit is subject to the Uniform Customs and Practice for Documentary Credits [1993 (or later generally applicable) Revision] International Chamber of Commerce Publication No. 500 [or later Publication No.]. [Name of Issuer] [Insert title of corporate officer - must be signed President, Vice President, or Chief Executive Officer] [NOTE: Collier County shall not accept any Letters of Credit that cannot be presented at Place of Expiry in Florida.] Form 4 - Rev. 2004 (Utilities Facilities and/or Utilities Easement(s) Subordination) [Leave 3" space blank space in upper right -=hand corner for recording purposes] UTILITY FACILITIES AND/OR UTILITIES EASEMENT(S) SUBORDINATION THIS SUBORDINATION is dated this day of 20_ by [Insert the complete and correct name of the Secured Party - see Instruction No. 2] (Hereinafter referred to as the "Secured Party"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "County"). Secured Party as used herein includes singular or plural, as the context allows. WHEREAS, the purpose of this Subordination is to subordinate the Secured Party's Security Interests that encumber good, marketable title to the Encumbered Utility Facilities and/or the related Utility Easement(s) being conveyed to Collier County, which Utility Facilities are located over, on and/or under the underlying real property that is encumbered by security interests in favor of the Secured Party as specified in the below -listed security instruments); and WHEREAS, the Secured Party is the owner and holder of a [Mortgage or Assignment of Rents and Profits, UCC-1*, etc.], recorded in Official Records Book , Page , et seq., Public Records of Collier County, Florida, [ and if applicable ], as amended by a , recorded at O.R. Book, Page et seq., Public Records of Collier County, Florida.; and [NOTE: *UCC-1s are usually subordinated by UCC-3s. If a UCC-1 or UCC-3 is recorded outside of Collier County, insert the Book, Page and place (usually Tallahassee) of the recordation of each such UCC-1 or UCC-3]. [19-EIS-04145/1504813/11 43 WHEREAS, the Secured Party is also the owner and holder of a , recorded at O.R. Book, Page et seq., Public Records of Collier County, Florida, as amended by a recorded at O.R. Book, Page et. seq., Public Records of Collier County, Florida; and WHEREAS, each above -referenced Security Instrument grants to this Secured Party a security interest that encumbers good and marketable title to the Encumbered Utility Facilities being conveyed to Collier County, and/or encumbers the related Utility Easement(s), if any, also being conveyed to Collier County, which Utility Facilities have been constructed within such easement(s) and are under, on and/or over the underlying real property; and WHEREAS, prerequisite to the conveyance of the Utility Facilities and/or related Utility Easements, if any, being conveyed to the County, Collier County requires that this Secured Party must subordinate only its Security Interests in (i) the Encumbered Utility Facilities being conveyed to the County and (ii) each related Utility Easement(s), if any, being conveyed to the County; and the Secured Party is hereby complying with said request for these subordination(s). NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by the Secured Party, the Secured Party hereby subordinates its security interests in the Encumbered Utility Facilities being conveyed to Collier County, and/or to each Utility Easement(s), if any, being conveyed to the County, which encumbered Utility Facilities are located over, on and/under the described underlying real property. Except as expressly subordinated herein, the Secured interests of the Secured Party remain in full force and effect. IN WITNESS WHEREOF, the Secured Party has caused this Subordination to be executed the date and year first above written. [Insert correct witness and signature block - see Instruction No. 3] [Acknowledgment and notary block - see Instruction No. 4] Prepared by: [Insert name and street address of the individual who prepared this Subordination] [NOTE: Upon request, County staff will provide examples of properly executed Subordinations]. Form 5 - Rev. 2004 - (Attorney's Affidavit) ATTORNEY'S AFFIDAVIT STATE OF [Name of Statel COUNTY OF [Name of Countyl BEFORE ME, the undersigned authority, on this day of , 20 , personally appeared who is to me well known, and having been sworn upon oath, deposes and states: 1. My name is , I am over the age of twenty-one (21) years, am otherwise sui juris, and have personal knowledge of the facts asserted herein. 2. 1 am a licensed attorney, Florida Bar # , authorized to practice law in Florida and am currently practicing law in the State of Florida. My business address is . My business telephone number is . My business mailing address is 3. This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as the Ex-Officio Governing Board of the Collier County Water -Sewer District ("County") to accept the dedication or conveyance of [identify type of utility facility by inserting potable water, non -potable irrigation water, or wastewater, or potable water and wastewater, and/or non -potable irrigation water] utility system(s) or portion(s) thereof located within or upon the real property described in the attached Exhibit "A", which is incorporated herein by reference, said land being located in Collier County, Florida. 119-E 15-04145/ 1504813/ 11 44 4. The Affiant has examined record title information to both the underlying real property described in Exhibit A and the utility facilities being conveyed to the County referenced in this affidavit through (insert date) ("Effective Date"), including but not limited to, information requested from the Florida Secretary of State relative to any Uniform Commercial Code financing statements. 5. As of the Effective Date, Tthe record owner of the underlying real property described hereiR in Exhibit A is [give full legal name of owner as it appears in title information],]-;, by instrument recorded at Official Records Book , at Page [insert official record book and first page of instrument where owner acquired titlel, Public Records, Collier County, Florida. 6. Affiant has examined corporate information obtained from the jurisdiction under which [insert name of entitvl was created and presently operates, and [insert name of entitvl is current and active within the state of and is currently authorized to do business in the State of Florida. [Insert name of person signing Owner's affidavitl, [insert positionl, is authorized to execute instruments on behalf of [insert name of entitvl, in conjunction with the conveyance of the subject real and personal property. [INSTRUCTION: If the record owner is an entity, the Affiant must indicate that he has examined corporate or partnership information obtained from the jurisdiction under which the entity was created and presently operates, that the entity is current and active within said State or jurisdiction, that the entity is currently authorized to do business in the State of Florida, and identify the exact name and title of the persons authorized to execute the instruments on behalf of that entity in conjunction with the conveyance of the subject real and personal property. Pursuant to Section 689.071, Florida Statutes, IF the record owner is a trustee, the Affiant shall state that the Trustee has full power and authority to execute instruments of conveyance on behalf of the Trust and, if applicable, incorporate by reference and attach supporting documentation.] [If the record owner is an individual, the Affiant must state the marital status represented to the Affiant by the individual and, if married, state whether the real property is or is not homestead property. If the utility facilities being conveyed are located wholly within public right-of-way, the Affidavit should state that fact.] 67. As of the Effective Date, Ttitle to the subject utility system(s) or portion(s) thereof and/or easement(s), if any, being conveyed to the County is not encumbered by any recorded mortgage, assignment of rents and profits, UCC Financinq Statements, or any other security interest that could negatively affect conveyance of marketable title to the utility system(s) or portion(s) thereof and/or any easement being conveyed to the County. mod. OR As of the Effective Date, Ttitle to the utility system(s) or portion(s) thereof and/or easement(s) being conveyed to the County is encumbered by the following instruments of record: [describe recorded instrument that imposes security interest against title to the facilities] to [list name of the mortgagee(s)] , dated and recorded at O.R. Book , Page et seq., Public Records of Collier County. UCC-1, recorded at O.R. Book , Page _, Public Records of Collier County. [INSTRUCTION: The Affiant must list each mortgage, assignment of rents and profits, UCC-1(s) or other security instrument that impress a security interest that could negatively affect conveyance of good title to the utility system(s) or portion(s) thereof and/or easement(s), if any, being conveyed to the County. If marketable title to the utility system(s) or portion(s) thereof and/or any easement(s) being conveyed is encumbered by any such recorded instrument, the Affiant shall describe the respective security [19-EIS-04145/1504813/11 45 instrument, including the book and first page where the security instrument has been recorded. It is not necessary to attach a copy of any such document to the Affidavit. This Affidavit must list each security interest that is listed in the Owner's Affidavit, and each such security interest must be subordinated. Do not list a Notice of Commencement or Reservation of Mineral Rights, etc., because such instruments do not negatively affect marketable title to the utility system(s) or portion(s) thereof and/or easement(s) being conveyed to the County. If all of the utility facilities being conveyed to the County are located in public right-of-way, do not list mortgages, etc., if they do not encumber after acquired property that is located in public right-of-way. Claims asserted under Chapter 713, Florida Statutes, must be "transferred to security" pursuant to Section 713.24, Florida Statutes, or other adequate security acceptable to the County Attorney must be provided to the County before the County will grant ^r�final acceptance of title to such facilities. 78. Affiant further states that the information contained in this Affidavit is true, correct and current as of the Effective Date.date this Affidavit is amven [INSTRUCTION: Unless the time period is extended by staff for good cause in the specific instance, per Ordinance, the date of this Affidavit should not be dated earlier than sixty (60) days prior to the submittal of legal documents pertaining to Utility Conveyance to Collier County, Engineering Services to consider preliminary final acceptance of the subject utility system(s) or portion(s) thereof documents.] FURTHER AFFIANT SYSTEMrSAYETH NAUGHT. DATED this day of , 20 Attorney/Affiant Signature Attorney/Affiant Name SUBSCRIBED AND SWORN to before me this Attorney/Affiant), who is personally known to me as Type of Identification Produced Notary Public My Commission Expires: Printed, Typed or Stamped Name of Notary Prepared by: [name of person preparing this Affidavit] [Address of person preparing this Affidavit] Form 6 - Rev. 2004 (Owners Affidavit) STATE OF [name of Statel COUNTY OF [name of Countyl day of , 20 , by (Insert name of OR who produced identification OWNER'S AFFIDAVIT BEFORE ME, the undersigned authority, personally appeared , who to me is well known, and having been duly sworn and under oath, deposes and states: My name is , I am over the age of twenty-one (21) years, am sui juris, and have personal knowledge of the facts asserted herein. [19-EIS-04145/1504813/11 46 I am the of , the owner ("Owner")ew 8 of said real property located at , and described ein Exhibit A, which shows the location of the subject utility facilities being conveyed. All persons, firms, and corporations, including the general contractor, all laborers, subcontractors and sub -subcontractors, materialmen and suppliers who have furnished services, labor or materials according to plans and specifications, or extra items, used in the construction, installation and/or repair of [identify type of utility facility by inserting potable water, non -potable irrigation water, or wastewater, or potable water and wastewater and/or non -potable irrigation water] utility system(s) or portion(s) thereof located on the property rear—�s#a+o ho o;n�f+o described in Exhibit A, have been paid in full and that such work has been fully completed and unconditionally accepted by the current owner of such facilities. 4. No claims have been made to the owner, nor is any suit now pending on behalf of any contractor, subcontractor, sub -subcontractor, supplier, laborer or material -men, and no chattel mortgages or conditional bills of sale have been given or are now outstanding as to the subject utility system(s) or portion(s) thereof placed upon or installed in or on the aforesaid premises. 5. Title to the subject utility system(s) or portion(s) thereof and/or easement(s), if any, being conveyed to the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as the Ex-Officio Governing Board of the Collier County Water -Sewer District ("County")Oeu#y-is not encumbered by any recorded mortgage, recorded assignment of rents or profits, by any recorded Uniform Commercial Code Financing Statement, or by any other recorded document that imposes a security interest that could negatively affect conveyance of marketable title to the utility system(s) or portion(s) thereof and/or any easement being conveyed to the County. OR Title to the utility system(s) or portion(s) thereof and/or easement(s) being conveyed to the County is subject to the following security interest(s) by the following recorded instrument(s): Mortgage (or Assignment of Rents and Profits) [describe only recorded instruments that impress a security interest against title to the system(s) or portion(s) thereof and/or any easement being conveyed to the County] to [list name of the mortgagee(s)] , dated and recorded at O.R. Book Page et seq., Public Records of Collier County. 2. UCC-1 Financing Statement, recorded at O.R. Book , Page , Public Records of Collier County. 3. UCC-1 recorded with Florida Secretary of State at Tallahassee (Leon County), Florida at O.R. Book , Page [INSTRUCTION: The Affiant must list each mortgage, and/or each assignment of rents and profits, and each UCC-1, and/or each other recorded document that is a security interest that could negatively affect conveyance of good and marketable title to any of the utility system(s) or portion(s) thereof (and/or easement(s), if any) being conveyed to the County. If good, marketable title to the utility system(s) or portion(s) thereof and/or any easement(s) being conveyed is encumbered by any such recorded instrument, the Affiant must briefly describe each such recorded security instrument, including the book and first page where that security instrument has been recorded. It is not necessary to attach a copy of any such recorded document to the Affidavit. Do not list any Notice of Commencement or any Reservation of Mineral Rights, etc., because such documents do not impress any security interest against good, marketable title to the utility system(s) or portion(s) thereof and/or easement(s), if any, being conveyed to the County.] As and on behalf of the owner of the subject utility system(s) or portion(s) thereof, does for valuable consideration hereby agree and guarantee, to hold the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as the Ex-Officio [19-EIS-04145/1504813/11 47 Governing Board of the Collier County Water -Sewer District harmless against any lien, claim or suit by any general contractor, subcontractor, sub -subcontractor, supplier, mechanic, material - man, or laborer, and against chattel mortgages, security interests or repair of the subject utility system(s) or portion(s) thereof by or on behalf of Owner. Affiant is used as singular or plural, as the context requires. The utility system(s) or portion(s) thereof referred to herein are located within the real property described in the attached Exhibit "A". FURTHER AFFIANT SAYETH NAUGHT. DATED this day of , 20 Owner's/Affiant Signature Printed Name of Affiant SUBSCRIBED AND SWORN to before me this day of , 20_, by (Insert name of Owner/Affiant (individual taking the oath), who is Personally known to me as OR produced identification . Type of Identification Produced Notary Public My Commission Expires: Printed, Typed or Stamped Name of Notary Prepared by: [name of person preparing this instrument] [Address of person preparing this instrument] Form 7 - Rev. 2004 (-Utility Easement-) [NOTE: Leave 3" blank space in upper right --hand corner for recording purposes]. DEED OF UTILITY EASEMENT THE UTILITY EASEMENT(S) (CUEs), are granted and conveyed this day of , 20_ by [Name of Grantor - See Instruction No. 2] as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, GRANTEE. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by Grantee, receipt of which by is hereby acknowledged by Grantor, hereby conveys, grants, bargains and sells unto Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, right and privilege to enter upon and to install, relocate, repair and/or otherwise maintain utility system(s) and utility facilities, and/or portion(s) thereof, in, on, over and under the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A," which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee, its successors and/or assigns, together with the right and privilege to enter upon said land to excavate, relocate and/or take and/or introduce materials for the purpose of constructing, operating, relocating, repairing and/or otherwise maintaining the subject utility facilities and/or system(s) or portion(s) thereof, in, on, over and/or under the easement area. Grantor and Grantee are used for singular or plural, as the context allows. [19-EIS-04145/1504813/11 48 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. [Witnesses and signature block - see Instruction No. 31 [Acknowledgment and notary block - see Instruction No. 41 Prepared by: [name of person preparing this instrument] [Address of person preparing this instrument] Form 8 - Rev. 2004 (-Utility Facilities Warranty Deed and Bill of Sale-) [Leave 3" blank space in upper right --hand corner for recording purposes]. UTILITY FACILITIES WARRANTY DEED AND BILL OF SALE THIS INDENTURE made this day of , 20_, between [Name of Grantor - see Instruction No. 2] (hereinafter referred to as "Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Grantee"). WITNESSETH: That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever, all [identify all types of utility facilities being conveyed by inserting "potable water" and/or "wastewater" and/or "non -potable water irrigation" and/or "potable irrigation water] utility facilities and/or system(s) or portion(s) thereof lying in, on, over and under the following described land, for operation, relocation, installation, repair and/or maintenance of said facilities, system(s) or portion(s) thereof, all situate and lying and being in Collier County, Florida, to wit: (See Exhibit "A" attached hereto and incorporated by reference herein.) (Exhibit "B" attached hereto is a sketch or other graphic representation that depicts the physical location of the utility systems being conveyed.) and said Grantor does hereby fully warrant the title to said utility facilities and/or system(s) or portion(s) thereof, be they realty, personalty, or mixed, and Grantor will defend such title against all claims of all persons whomsoever. For the purposes of this conveyance, the utility facilities, system(s) and/or portion(s) thereof conveyed herein shall not be deemed to convey any of the lands described in Exhibit A or Exhibit Beother exhobo . Grantor and Grantee are used for singular or plural, as context allows. A sketch or other graphic representation showing the location of the utility facilities, etc., being conveyed is attached as Exhibit B. The certification of c hereto as Exhibit C. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, relocate and/or take or introduce materials for the purpose of constructing, relocating, operating, repairing and/or otherwise maintaining utility systems thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. [Witness and signature block - see Instruction No. 3] [Acknowledgment and notary block - see Instruction No. 4] Prepared by: [name of person preparing this instrument] [19-EIS-04145/1504813/11 49 [Address of person preparing this instrument] �AE [19-EIS-04145/1504813/11 50 f 19-EIS-04145/1504813/11 51 Utilities Conveyance Checklist POTABLE WATER, NON -POTABLE IRRIGATION WATER AND WASTEWATER FACILITIES ACCEPTANCE Today's Date: Project Name: Original Project No. (AR/PL): Submittal Requirements Utility PL#: NIA In Item review accepted Item Needed Notes {1. ❑ ❑ ❑ Final Utility Conveyance °n^e-Application 2. ❑ ❑ ❑ Addressing Checklist (ID number or Folio number of Property) Legal Documents N/A In review Item accepted Item Needed Notes 1. ❑ ❑ ❑ Attorney's Affidavit 2. ❑ ❑ ❑ Owner's Affidavit 3. ❑ ❑ ❑ Warranty Deed/Bill of Sale with Exhibit B per Utilities Standards and Procedures Ordinance Section 134-60 (b)(4), Code of Laws and OrdinancesIQ 2 6 4. ❑ ❑ ❑ Utilities Facilities Securities Subordination (required when any security interest in the utility facilities/systems is involved). UCC-1(s) can be subordinated by a Subordination or by use of UCC-3(s) if not released by Subordination. 5. ❑ ❑ ❑ Deed of Utility Easement - Copy of last Deed that conveyed title of the Associated Real Property and Copy of all Utility Easements then being conveyed to the County, including legal description with Surveyor's Sketch of Easement. (Utility easements are not required provided all utility facilities then being conveyed are in public right -of way, are in then existing utility easements, or are in CUES) ❑ ❑ ❑ Utilities Performance Security (UPS) per Utilities Standards and Procedures Ordinance Section 134-58 (el. Code of Laws and Ordinances ° of Total Cost n 000 (no 5939 u beve 7. ❑ ❑ ❑ Final Release of Lien from Utility Contractor for the system(s) or portion(s) thereof constructed Page 1 of 3 Rev. CHECKLIST WATER & SEWER FACILITIES ACCEPTANCE COUNTY ORDINANCE 97-17, AS AMENDED Page 2 8. ❑ ❑ ❑ Facilities Lease (when applicable) 9. ❑ ❑ ❑ Facilities Lease (including Sub -Developer) use Form 10.1 Tests, Certifications and Supplemental Documents NIA In Item review accepted Item Needed 1. ❑ ❑ ❑ Sewer Video of constructed gravity sewer (Sewer Report & Master Utility Sheet) 2. ❑ ❑ ❑ Certification of pressure testing of wastewater force mains by Engineer of Record 3. ❑ ❑ ❑ Certification of the infiltration/exfiltration tests for the sewer lines by Engineer of Record 4. ❑ ❑ ❑ Coating certification from the manufacturer or a professional testing laboratory for all manholes, wet wells and valve vault. 5. ❑ ❑ ❑ Lift station(s) start up report(s) 6. ❑ ❑ ❑ Electrical Contractor's certification of Lift Station electric service wire sizing and voltage drop pursuant to National Electrical Code Specifications 7. ❑ ❑ ❑ Start-up and successful testing of Data Flow telemetry equipment (AR-7936 & above) 8. ❑ ❑ ❑ Certification of pressure testing of water and non -potable irrigation mains by Engineer of Record 9. ❑ ❑ ❑ Letter by Engineer certifying that: • All water, non -potable irrigation and/or sewer facilities are located within the public right-of-way or dedicated easements • All the utilities system(s), or portion(s) thereof, has been constructed in accordance with County Ordinances and Regulations, including the required color for piping 10. ❑ ❑ ❑ One year (1) Warranty on work performed and system(s) or portion(s) thereof installed by Utilities Contractor 11. ❑ ❑ ❑ Engineer's Final Payment Confirmation }l2. ❑ ❑ ❑ DEP Certification Form and copy of General Permit for WATER facilities (including interim facilities, if applicable); 13. ❑ ❑ ❑ DEP WATER Certification approval to be forwarded when received Notes Page 2 of 3 Rev. - CHECKLIST WATER & SEWER FACILITIES ACCEPTANCE COUNTY ORDINANCE 97-17, AS AMENDED Page 3 {14. ❑ ❑ ❑ DEP Certification Form and copy of General Permit for SEWER facilities (including interim facilities, if applicable); 15. ❑ ❑ ❑ DEP SEWER Certification approval to be forwarded when received {16. ❑ ❑ ❑ DEP Certification Form and copy of General Permit for (RECLAIMED) NON -POTABLE IRRIGATION WATER facilities (including interim facilities, if applicable); In-service Letter to be forwarded when received 17. ❑ ❑ ❑ Lab results on bacteriological tests for potable water mains 18. ❑ ❑ ❑ Satisfactory Test Reports and Certification of backflow device by Certified Laboratory. 19. ❑ ❑ ❑ Verification of Final Cost (Include materials and labor, misc.) Cost breakdown — Contributory Assets for County/Private Materials (materials only) (i.e. detailed quantities, sizes, unit cost, total cost, etc) 20 ❑ ❑ ❑ Letter from the Fire District regarding ownership and maintenance of fire hydrants 21. ❑ ❑ ❑ Signed copy of field fire flow testing by the applicable Fire Control District Engineering Documents NIA In Item review accepted Item Needed Notes 1. ❑ ❑ ❑ One (1) complete set of Record Drawings to include all utilities and all related underground work signed and sealed by the Engineer of Record for potable water, non -potable irrigation water and / or wastewater system(s) or portion(s) thereof 2. ❑ ❑ ❑ One (1) computer -generated disk of Record Drawings in CAD and PDF format the Utilities Standards and PreGed roc Or`JinanGe 3. ❑ ❑ ❑ Longitude and latitude shall appear on detail sheet. (AR-7936 & above) Office Use Only below this line Page 3 of 3 Rev. - CHECKLIST WATER & SEWER FACILITIES ACCEPTANCE COUNTY ORDINANCE 97-17, AS AMENDED Page 4 ❑W ❑W/S ❑S ❑IRR Page 4 of 3 Rev. 0 92/2021 ARTICLE III. - UTILITIES STANDARDS AND PROCEDURESu Footnotes: --- (3) --- Editor's note— Ord. No. 04-31, § 13, repealed art. III, §§ 134-51-134-67, in its entirety. Sections 1-12, 16 and App. A, of said e0rdinance enacted similar provisions to read as herein set out. See the Code Comparative Table —Ordinance Disposition for a detailed analysis of inclusion. Sec. 134-51. - Findings and purpose. (a) It is the intent and purpose of this o0rdinance to promote, protect, and improve the health, safety and welfare of the citizens of Collier County (the "County") by the establishment, herein, of standards and procedures for the construction, development, maintenance, and operation of safe, reliable potable water, non -potable irrigation water and wastewater systems that meet the demands of CG4ierthe County's land development and population growth, and that are constructed, developed, maintained and operated according to the latest technical and professional standards. This e0rdinance, therefore, establishes minimum utility requirements for development of potable water and non -potable irrigation water transmission and distribution and for wastewater collection and transmission systems or portion(s) thereof within the unincorporated areas of Collier County, Florida. This GOrdinance attempts to ensure that, with respect to all utility construction performed, reliable and economical utility services shall be provided to users of the potable water, non -potable irrigation water and/or wastewater systems within Collie the County. All requirements set forth herein are in conjunction with and supplemental to the Collier County Land Development Code (the "LDC"), to the Collier County Growth Management Plan and to such other applicable Collier County Ordinances, Resolutions and/or regulations as are related to land development and/or subdivision of lands within CGllierthe County. The pPublic+4Utilities dDepartment (the "PUD") shall review deviations (see Utilities Standards Manual for Utility Deviation Forms) from the standards and procedures established herein, which are brought about by innovative applications of design principles/solutions to individual projects. Upon such review, the p4194G utilit+esPUDad,istrate-F Head or designee, at his or her discretion, may approve such deviations, provided that such deviation shall not result in system/facility operation or maintenance performance that is less than that which would be provided in this 490rdinance, if recognized, accepted standards are used, and provided further that such deviation promotes, protects, and improves the health, safety and welfare of the citizens of Collier County, Florida. Requested deviations from the requirements of this o0rdinance shall be referred to the p bk „+ili+ieS PUD aaMiRist,rate Head or designee(s). All deviation requests must include an impact statement. Appeals to rejected deviation requests shall be nailed sent to the pPublic eUtilities eEngineering and Project Management Division dDirector of the p blin +ili+ioc divosin-14. (b) The Collier County Water -Sewer District (the "CCWSD" or the "District"), established in February 1977, by the Collier County -Board of GCounty GCommissioners (the "BCC" or the "Board"), was created for the following purposes: (1) To develop safe, reliable and financially self-supporting potable water and wastewater systems, which will meet the water and wastewater needs of CGIIierthe County; (2) To ensure that existing and future potable water and/or wastewater utility systems are constructed, operated and managed at the minimum cost to users and with no direct/indirect financial aid from the general fund; and (3) To develop potable water and/or wastewater systems requiring the most reasonable operating and maintenance costs. (c) Design criteria, technical specifications, and standard details are now included in the Collier County Utilities Standards Manual (the "Manual"). By reference, the public �.il'+iesPUD adMi istrateHead or designee shall publish the s4Manual and should provide for periodic revisions thereto, consistent with good engineering practices and standards. (Ord. No. 04-31, § 1; Ord. No. 2018-36, § 1) f 19-EIS-04145/1504813/11 1 Sec. 134-52. - Title and citation. This e0rdinance shall be known and may be cited as the "Collier County Utilities Standards and Procedures Ordinance". (Ord. No. 04-31, § 2) Sec. 134-53. - Applicability. This e0rdinance shall be applicable to development activities within the r^iror r,,,,, ty Water_Sewer DiE;tFiGtDistrict, and the remaining unincorporated areas of Collier County, Florida. For the purposes of simplicity and brevity, references herein to the r^iror G„„n+„ Water_SeW8r DiGtFiGtDistrict shall also refer to the Goodland Sub -District, where appropriate, as the context requires. (Ord. No. 04-31, § 3; Ord. No. 2018-36, § 1) Sec. 134-54. - Water and wastewater ordinances and resolutions. The board of county rnmmissieRersBCC, acting in their regular capacity as well as their capacity as the eEx-officio gGoverning bBoard of the Collier County Water -Sewer District has adopted other ordinances, ordinance amendments and resolutions on behalf of the c-County and the dDistrict. Such ordinances, ordinance amendments and resolutions, together with all such duly adopted subsequent ordinances, ordinance amendments and resolutions apply fully except to the extent, if any, specifically and expressly superseded by this e0rdinance. (Ord. No. 04-31, § 4; Ord. No. 2018-36, § 1) Sec. 134-55. - Service areas. (a) The following requirements shall apply with respect to the eCounty's review of utility construction within the dDistrict's service area in the unincorporated area. (b) Construction of all utility systems including, but not limited to, interim utility systems, shall comply with the LDC, with this e0rdinance, and with the Collier County Utilities Standards Manual, which is hereby adopted by the bBoard as part of this e0rdinance. The penalty provisions of this e0rdinance apply equally to the R4Manual and to exhibits then incorporated by reference into the R4Manual. (c) Utility construction shall not commence until the utility construction documents for each project have been reviewed and approved by the department giroGtGF (GG n+„ engineeoDevelopment Review Division Director or designee and the eCounty has thereafter issued a written authorization to construct. Conveyance of completed interim utility system(s) or portion(s) thereof within these certificated or other approved service areas shall be in compliance with the LDC, this eOrdinance, and the Collier County Utilities Standards Manual. (d) Prohibited connections. Refer to the latest revision of the County Cross -Connection Ordinance as well as subsections 134-55(d)(1)—(3). (1) Wastewater and stormwater. No individual or entity owning, possessing or having control of any building, structure, or other improvements within the then existing dDistrict shall cause, permit, allow or suffer any stormwater and/or any water used for irrigation to be discharged into any sanitary sewer, drain, cleanout, or manhole that is connected to the dDistrict's wastewater collection system (direct discharge), or into any other facility that is connected into such sewer, drain or manhole, (indirect discharge). Only wastewater from toilets, lavatories, sinks, bathtubs or showers upon or in said premises shall be discharged into any such sewer, drain or manhole. (2) Yard, garden, private stormwater drainage facilities. No yard drainage, garden drainage, nor any stormwater, including from a drainage line, roof drain or downspout, shall discharge directly or indirectly into the eCounty's or the dDistrict's wastewater collection system. (3) Inspection —Correction of violation condition. An authorized representative of the GCounty may enter premises (except an owner -occupied residence) to determine whether any violation of f 19-EIS-04145/1504813/11 2 subsection 134-55(d)(1) or (2) exists. If it is determined that such violation exists, staff shall provide written notice to the owner or occupant of the premises to direct that all such violations be corrected within 30 days of receipt of such notice, and within that 30-day period, the noticed owner or occupant shall notify staff in writing that each such violation has in fact been corrected. If staff does not receive such notification of correction within that 30-day period, staff may correct all such violations subject to providing the owner or occupant not less -than three additional work -days written notice. Notice from the scounty or the dDistrict may be by registered mail or by any other lawful means of delivery of such notice, addressed to the owner (or occupant) as the owner's name and address then appear on the then most current tax assessment roll. In the event oCounty staff corrects the violation(s), the c-County!& may record a lien against the relevant premises, which lien shall run with the land and may be foreclosed upon or otherwise collected by staff. (e) Private wastewater systems. (1) Private pump station owners are required annually to provide the following to the Publi . Utilities Depa ;1PUD: a. Emergency phone number of pump station owner; b. Emergency phone number of pump station operator; c. Maintenance reports and inspection reports; d. If any phone numbers change, an update must be provided within 24 hours. (2) Private pump station access must be secured with a master lock provided by the Publi . Wti'4486 Depa ;tPUD. A o, bliG Utilities'PUD lock may be interlocked with the owner/operator's lock to allow access by both. (3) The Publi^ Utilities DepaFtMeRtEUD is authorized to conduct inspections of private wastewater pump stations at its discretion. Any non-compliance will be enforced through code enforcement and the Florida Department of Environmental Protection (the "FDEP:) code compliance where applicable. (4) —HA-Me Q�Afn Homeowners Associations (HOAs) and/or private wastewater pump station owners will have the opportunity to convey their pump stations including collection systems to the r„ iro,- r„1I ty VVate,-_Sew8. DiGtFiGt (GGVVcnDlstrlct} after bringing the infrastructure into compliance with current utilities standards. System upgrades and repairs of any defects shall be the financial responsibility of the HOA or private wastewater system owner. (Ord. No. 04-31, § 5; Ord. No. 2018-36, § 1) Sec. 134-56. - Definitions and abbreviations. (a) Definitions. For the purposes of this article, the following terms, phrases, and words, shall have the meaning specified herein. When not inconsistent with the context, words in the present tense include future tense, words used in the singular number include the plural, and words used in the plural include the singular. "Shall" is always mandatory; "may" is discretionary. Definitions in this o0rdinance supersede definitions in the Standards Manual to the extent of any conflict between a definition in this o0rdinance and a definition in the mManual. No definition in this o0rdinance shall be construed to affect any definition in the Florida Administrative Code or any other administrative regulation of any superior government agency unless such Florida Administrative Code (F.A.C.1 or other governmental regulation's definition can lawfully be expanded, contracted or otherwise amended by this 90rdinance and the apparent intent of the conflicting definition in this 90rdinance is to amend the scope or application of the respective conflicting exterior definition. Many of these definitions contain substantive provisions. The fact that a substantive provision is contained in a definition does not affect full applicability of each such substantive provision. Adequate public facilities letter-: Written verification prior to submittal of construction documents from another utility (including a municipal owned or other government owned or controlled utility, or privately f 19-EIS-04145/1504813/11 3 owned or franchised utility) that demonstrates that concurrency requirements are firmly complied with. This letter shall clearly verify the type and capacity of potable water, non -potable irrigation water and/or wastewater utility services that is available to provide each such utility capacity to serve the specific structure, building or unit, as well as any restrictions, conditions and requirements the utility may have regarding issuance of a binding written commitment for service to each such proposed structure, building and unit. Refer to subsection 134-57(a)(6) herein. Availability letter-: Written documentation stating water and/or sewer service is available to the applicant via then existing utility lines adequate to serve each such structure, building and unit(s). This written documentation must be provided by designee of the respective utility (including the dDistrict when the dDistrict is the provider); and no guarantee is issued that adequate capacity will be available to the respective structure, building and unit until each such structure, building and unit has received its capacity commitment for the respective utility service. Board-: Board of County Commissioners of Collier County, Florida, as the Governing Body of Collier County, Florida, and, where appropriate, as the ex-officio gGoverning bBoard of the Collier County Water - Sewer District (including the Goodland Sub -District) and every other future sSub-dDistrict of the dDistrict. Collier County Water -Sewer District (GGW-S8) or dDistrict-: An independent special district within Collier County that is defined in the Special Act, Chapter 2003-353, as such Act may be amended, and is governed ex officio by the dBoard of sCounty sCommissioners. Collier County Water -Wastewater Authority-: A five -member authority appointed by the dBoard of sCounty sCommissioners consisting of three technical and two lay members, having a wide range of regulatory authority regarding the approval of rates, service area boundaries, customer/utility disputes, and quality of service issues related to certificated private, investor -owned water and wastewater utilities operating in unincorporated Collier County and the City of Marco Island. A Collier County Board (authority) created and empowered by Article VIII of the Collier County Code of Laws and Ordinances (the same being Ordinance No. 96-6, as amended). Construction document-: Construction drawings, technical specifications, hydraulic design reports, Florida Department of Environmental Protection ("FDEP") permit applications, plats, where required, and other supportive documents and data necessary to permit the review of proposed potable water, non - potable irrigation water and/or wastewater system additions, extensions and/or improvements. An engineer's report must also be included, with a summary of the proposed construction, including connections, phasing, assumptions, and estimated total flows. Construction document modification-: Revised construction document(s) that include a written technical description of all modifications. Contractor-: Individual, partnership, agency, organization, corporation or the like licensed in the State of Florida to perform underground utility construction in Collier County. Contractual guarantee-: A construction and maintenance agreement guarantee on streets, sidewalks, stormwater system, etc., that all subdivision developers are required to provide along with the utilities performance security guarantee. County-: Includes Collier County, the Board of County Commissioners of Collier County, Florida, and/or the duly authorized staff, agent or representative acting on behalf of the dBoard of sCounty sCommissioners, to supervise and/or manage the operations of the publicly owned potable water, non - potable water and wastewater systems, and whose duties include administration of this article. Shall also include the dDistrict unless the specific the -context does not reasonably permi lead to such GRStFUGtiGRinclusion. County inspector-: A representative of Collier County designated to provide periodic inspection of all potable water, non -potable irrigation water and/or wastewater systems. County eUtility eEasement (CUE)-: An easement conveyed to the sCounty and/or dDistrict to use land for operation and/or maintenance of utility systems and/or utility facilities. 119-EIS-04145/1504813/1 I 4 Customer-: means each residence, apartment unit, condominium unit, office or other unit of a building or structure, each mobile home, each recreational vehicle, etc., is one customer. A duplex is two customers; a triplex is three customers, etc. Customer does not refer to each individual served. Developer: Any individual, partnership, corporation, owner, sub -divider, including a governmental agency, or designated agents, successors, or assigns, or such other entity that proposes and/or undertakes the construction of potable water, non -potable irrigation water and/or wastewater systems, or portion(s) thereof, to provide service for any property or properties, area, development or subdivision in which the potable water, non -potable irrigation water and/or wastewater systems might sometime be connected to a potable water, non -potable irrigation water irrigation or wastewater system of Seltier r,,URty Water _Sewerthe District D). Development services advisory committee (DSAC): A 15-member committee created pursuant to Ordinance No. 95-60 to provide reports and recommendations to the bBoard of G-County sCommissioners, to assist in the enhancement of the operational efficiency and budgetary accountability within the gGrowth nqManagement and p. ublic eUtilities dDepartments, and to serve as a primary communications link between the departments, the development industry and the citizens and residents of Collier County. Deviation: Requested variation from the requirements of this article or the Manual requiring written approval from the PUbliG „+;l;+;oE danndnonniPUD e Head or designee(s). Distribution mains-: Potable water or non -potable irrigation water mains less than 16" in diameter that distribute water at the project or customer level. District: See definition of Collier County Water -Sewer District. District service area: All geographic areas where the District is then authorized to provide potable water and/or wastewater service, and/or non -potable irrigation water, and/or bulk service, by general law or by Special Act(s) of the Florida Legislature, including all such geographic areas then being served with interim service by any other service provider. The fnliewiRg areas are .,n+ iRGlI I.Jo.J in the Ilio+ri.�+'o Qor"i.o beURdaries of eaGh Utility SeFViGe area theR aGtively te the subjeGt utility by the Collier GGURt!.4 SUGh Chapter 367, Florida Statutes, jurisdiGtiGR baGk tn- the FPS-C (fer as IORg as SUGh GeFtifiGated area is viable). EXGept as to the geographiG areas listed 1 --- eiR, this SeGtiGR applies to eaGh peFSOR OF eRtity, managed, or controlled by aRGthor n ernM8Rt n nta., ^ Subject to Chapter 2003-353, Laws of Florida and to other then applicable Florida Special Acts, if any, and subject to then applicable federal Laws, if any, and general law of Florida, the dDistrict's service areas may from time -to -time be expanded, contracted or otherwise changed by resolution of the bBoard or by Collier County Ordinance, or by amendment to Chapter 2003-353, Laws of Florida, a Special Act that controls the powers of the bBoard and the Collier r,,unty Water Sew District. Dual system: A utility system within a development comprised of a non -potable irrigation water system and a potable water system. f 19-EIS-04145/1504813/11 5 Easement-: An interest in land granted to holder by owner of land. Such grant entitles holder to specific limited uses of said land. Holder can be person, persons or the general public. Effluent-: The treated liquid end product of a wastewater treatment facility that is reused as reclaimed water for irrigation or other approved non -potable purposes. Engineer of record-: The "project engineer," a registered professional engineer of record, responsible for: 1) the preparation of plans, specifications and other related design documents for the potable water, non -potable irrigation water and/or wastewater systems being constructed within Collier County and 2) certifying the project, including transportation and stormwater facilities, upon completion. Facility-: See definition of water facility and wastewater facility. Fees-: The non -reimbursable monetary compensation rendered to the GCounty for construction document review and inspection service provided. Final acceptance : Acceptance by the bBoard of potable water, non -potable irrigation water and/or wastewater systems uat least GRe year after preliMiRary aGGeptaRGe, and after satisfar-le-FY GGMpletiGR ef all final a eptaRGe ebligatiGRS Final acceptance obligations-: These include reimbursed recording fees, report and „ ideG final utility inspection, and #+Rakattorney's affidavit. Growth Management Department (or "GMD"): A department of Collier County which, for purposes of this article, shall be responsible for processing, reviewing and approving potable water, non -potable irrigation water and/or wastewater construction requests, pursuant to the terms and conditions of this article and/or the LDC, including the engineering evaluation, design and construction of potable water, non -potable irrigation water and/or wastewater utility systems. As outlined herein, and as set forth in the LDC, the "community development and environmental services administrator" shall mean the engineering review SeFViGes division dir^^t^r (GOunt„ eng'neer)Development Review Division Director. Inspection-: Periodic construction site visits by a c-County representative, the purpose of which is to ascertain/ensure compliance with eCounty-approved construction documents and applicable ordinances, codes and statutes. Such periodic visits shall occur, but not be limited to, during construction of the potable water, non -potable irrigation water and/or wastewater additions, extensions and/or improvements (including road/transportation utilities relocate projects), and after completion of construction 4GeF g ar^^t^^ ^^ri^d(for final acceptance of the potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof by the GCounty3. Interim utility facility or interim utility system, (and utility facility): A potable water, non -potable irrigation water distribution, transmission, treatment, and/or supply system, a wastewater collection, transmission, treatment and/or disposal system, which meets all applicable rules and regulations associated with any federal, state or local regulatory authority, and which is owned by the applicant/developer or other person/entity other than the Collier County Water -Sewer District D) and which, upon completion, or anytime thereafter is capable to be dedicated to the GGVVSDDistrict. All such interim facility and/or interim system shall remain interim until such time (if and when) each interim facility (or facilities) and/or interim system is interconnected into the district's system to be served by the dDistrict's system and the interim facilities and/or interim system has been dedicated to the dDistrict pursuant to paragraph 10 in Section 5 of Chapter 2003-353, Laws of Florida. Internal non -potable irrigation water distribution system-: Any non -potable irrigation water distribution system not owned by the eCounty or the dDistrict and located beyond the master meter assembly on the development side. Irrigation system-: Any and all plant, system, facility or property, and additions, extensions and improvements thereto at then future times, constructed or acquired as part thereof, useful, necessary or having the then present capacity for future use in connection with the development of sources, treatment and distribution of irrigation water, and, without limiting the generality of the foregoing, includes dams, walls, meters, reservoirs, storage tanks, lines, valves, pumping stations, laterals and pipes constructed or f 19-EIS-04145/1504813/11 6 installed for the purpose of carrying irrigation water to the premises connected with such system; also includes all real and personal property and any interest or rights therein, easements, and franchises of any nature whatsoever relating to any such system and necessary or convenient for the operation thereof. Irrigation water. Potable, reclaimed and/or supplemental water artificially applied to lands to meet the water needs of growing plants; excludes rainfall. Lateral sewer. A sewer that discharges into a branch or other wastewater system and has only building wastewater tributary to it. LDC: Collier County Land Development Code. Looping of water main-: Interconnection of a development's potable water main(s) to minimize dead ends to promote the flow of potable water throughout a project and/or development. Master meter. A r-adie-re water meter that measures the total gallons of water used in a specific project, development or portion thereof other than service to separate, individual units. Master pumping station: A pumping station that has gravity flow or force mains from other master stations or submaster pumping stations pumping into it, which then pumps into another master station or into a force main that pumps to the water reclamation facility; has standby power. Meter-: A device that measures the total gallons of water passing through a pipe. Master plan development-: A tentative plan showing the proposed development of a tract of land for which development is to be carried out in one or more stages. (See site alteration plan, site development plan, and site improvement plan as defined in the LDC.) ReyiSiGRS requested by the GgG Rty or the dDistriGt o exempt fr.,m this foe Non -potable irrigation water: Water that is not suitable for drinking, culinary, or domestic purposes, including reclaimed or supplemental water; effluent, well, stormwater and/or surface water. Non -potable irrigation water system: See definition under supplemental water system and reclaimed water system. Non -potable irrigation water facility: A facility used as a source of water for irrigation, cooling, or other approved, non -consumptive purposes. Facilities used as a source for drinking, culinary or domestic purposes are excluded from the definition of non -potable water facility. Ordinance: Throughout this article "the 90rdinance" or "this 90rdinance" shall include the Collier County Utilities Standards Manual and to all documents incorporated by reference in the mManual unless such inclusion is clearly not intended according to the context in the MManual. Person or entity: Individual, partnership, agency, association, private or public corporation, organization, or political subdivision or the like which desires to construct potable water, non -potable irrigation water, and/or wastewater system additions, extensions and/or improvements and/or requires the services of the c-County or the dDistrict. Potable water. Water that does not contain objectionable pollutants, contamination, minerals, or infective agents and is classified by law, rule or regulation as being acceptable for drinking, culinary, or domestic purposes. Potable water facility: Facility used as a source for drinking, culinary, or domestic purposes. Potable water system: See definition under water system. P—FegminaW aGGeptaPGe : Potable wateF, RGR potable irrigatiGR water and wastewater systems 0RGIu diRg find iR eGtiE)R f 19-EIS-04145/1504813/11 7 Probable cost of construction: Cost estimate prepared by the engineer of record for proposed potable water, non -potable irrigation water, and/or wastewater system additions, extensions and/or improvements which are required to be submitted to the sCounty or the dDistrict for review. Project-: Potable water, non -potable irrigation water and/or wastewater system additions, extensions and/or improvements illustrated and described in the construction documents for the development of land in the unincorporated areas of Collier County. Public uUtilities dDepartment (or `PUD"): A department of the Collier County government comprised of various do^divisions including, but not limited to, the wWater and wWastewater de^ Divisions. The pPublic aUtilities div+siORDepartment is responsible for the management, operation and maintenance of the Collier County Water -Sewer District. The pPublic sUtilities dDepartment, together with the gGrowth mManagement dDepartment shall have the responsibility to approve potable water, non -potable irrigation water (in dual systems) and wastewater systems requests, as well as engineering evaluations, including, but not limited to, the design and construction of all potable water, non -potable irrigation water, and wastewater systems eligible to be conveyed to the bBoard for ownership and maintenance as outlined herein. Reclaimed water-: Water from a wastewater treatment facility that has received at least secondary advanced treatment and high-level disinfection and is used or useable for some beneficial non -potable, non -culinary, non -domestic purpose such as irrigation. Reclaimed water system-: A network of pipes, pumping facilities, and appurtenances designed to convey and distribute reclaimed, supplemental, or a combination of reclaimed and supplemental water to one or more users; part of sCounty's or dDistrict's non -potable irrigation water system. Reclaimed water systems referred to in this article refer to sCounty-owned or dDistrict--owned reclaimed system pipes six inches in diameter or greater, up to and including the master meter assembly and backflow device. Record drawings-: Drawings that accurately identify the final, fixed constructed configuration of a utilities facility and/or system, including the drainage system. Review fee-: Fee for work incurred by the sCounty or the dDistrict to review and approve potable water, non -potable irrigation water and/or wastewater system construction documents and provide inspection during and after construction of said improvements. Reuse-: The deliberate application of reclaimed water for a beneficial non -potable, non -culinary, and non -domestic purpose such as irrigation. Right-of-way-: A strip of land, public or private, occupied or intended to be occupied by, or for repair of, a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, storm drainage, potable water or non -potable irrigation water main, sanitary or storm sewer main, or for similar use. The usage of the term "right-of-way" for land platting purposes shall mean that every right-of-way, whether public or private, or as an easement, hereafter established and shown on a plat is to be separate and distinct from the lots or parcels adjoining such right-of-way; and is not included within the dimensions or areas of such lots or parcels. Service-: Work incurred by the sCounty or the dDistrict to review and approve potable water, non - potable irrigation water and/or wastewater system construction documents and provide inspection during and after construction of said improvements. May also mean water service —See definition of water service herein. Service area-: The geographical area(s) described in a franchise certificated area or other form of approval granted by the bBoard of sCounty sCommissioners and/or the wWater-wWastewater aAuthority to a utility to provide utility service within the described boundary of such area(s). The geographical area(s) may also be referred to as "territory" or "certificated area." Sewer lateral-: A gravity sewer pipe extending from the gravity sewer main to the customer's point of connection at the public right-of-way or sCounty or dDistrict's utility easement limit. Sewer system: See definition under wastewater system. f 19-EIS-04145/1504813/11 8 Staff or eCounty staff. Refers to the Collier County employee(s) authorized to perform the respective act or decision. Standards n4Manual or n4Manual: The "Collier County Water -Sewer District Utilities Standards Manual," as adopted by the dBoard of eCounty eCommissioners concurrently with the 2004 +4Utilities sStandards and pProcedures 90rdinance, as amended, including all of its exhibits, consisting of, but not necessarily limited to, all technical standards, specifications, detail drawings, utility deviation forms, water meter sizing and impact fee form, final waiver of liens, and utilities conveyance documents checklists for potable water, non -potable irrigation water and wastewater systems. Subdeveloper-: Refers to each individual or entity that develops, constructs or installs improvements to the real property in part of the development other than the developer of the development, including, but not limited to, each such sub -owner, builder, contractor, promoter, lessee, or tenant of improvements to real estate within the development when not acting as an agent of the developer, and after completion of such improvements, the title-holder of those improvements is not the developer and, therefore, the developer will not normally have the requisite authority to convey title of those facilities to the eCounty or to the dDistrict without authorization from the subdeveloper. Submaster pumping station-: The main pumping station of a subdivision that receives flow from other pumping stations and/or gravity flow which then pumps into a master pumping station or eCounty or dDistrict force main; does not have standby power. Supplemental water-: Non -potable ground water, stormwater or surface water. Supplemental water system-: A system of pipes, pumps and all other appurtenances or equipment needed to collect, transport and distribute supplemental water; part of eCounty's or dDistrict's non -potable irrigation water system. Transmission mains-: Potable water mains 16 inches in diameter and larger that distribute water eve regional er sub regiGRa' area, wastewater force mains 12 inches in diameter and larger, arld-non- potable irrigation water mains six inches in diameter er greaferand larger, and. Alse inGl des water mains used to transport we_�raw water from a -wells to a potable -water treatment plant. Unincorporated area-: All geographic areas in Collier County not within the boundaries of any municipal corporation as of the effective date of Chapter 2003-353, Laws of Florida. In the context of this article all areas hereafter annexed into a municipal corporation shall remain classified as being unincorporated to the extent that such annexed area is within the dDistrict's then existing service area. Utility-: Any person or business entity, lessee, trustee and/or receiver, owning, operating, managing, or controlling a system, or proposing construction of a system, who or which is providing or proposes to provide potable water and/or non -potable irrigation water, or bulk water, and/or wastewater service, or any combination thereof, within any unincorporated area of the eCounty to the public for compensation, but excluding only the following: (1) Property used solely or principally in the business of bottling, selling, distributing or furnishing bottled water; or (2) Such systems owned, operated, managed, or controlled by a governmental agency; or (3) Manufacturer providing such utility service(s) solely in connection with its own manufacturing operations; or (4) Public lodging establishment providing such utility service(s) solely in connection with lodging service to its guests; or (5) Landlord or homeowners' association providing such utility service(s) to their own tenants or unit owners without specific compensation for any such utility service; or (6) Potable water system and/or wastewater system which has a rated capacity (at maximum day system peak) of less than 2,000 gallons per day per utility service; or (7) Utility deriving less than 50 percent of its revenues from unincorporated areas of the eCounty, with the balance derived from the incorporated area. Any Utility which derives 50 percent or more f 19-EIS-04145/1504813/11 9 of its revenues from the unincorporated areas of the sCounty shall be subject to the provisions of this oOrdinance only as they relate to rates, fees, and charges charged by the utility in its unincorporated area(s); or (8) Utility system that is then serving less than 100 customers with non -potable irrigation water, potable water and/or wastewater service. For the purpose of this subparagraph, a "customer" is not each individual served. Each residence, apartment unit, condominium unit, office or other unit of a building or structure, each mobile home, each recreational vehicle, etc., is one customer. A duplex is two customers; a triplex is three customers, etc. (9) Systems solely for tenants or occupants of: governmental buildings, religious, educational or cultural institutions or facilities, or for recreational, scientific or institutional facilities. (10) Systems not owned by the utility that are downstream from the utility's master meter and are operated and sub -metered by a master metered customer of the utility for resale to individual residential or commercial consumers occupying property owned or otherwise lawfully controlled by that master metered customer. Utility company-: A telephone, electric, gas, cable, etc. company such as, but not limited to, Florida Power and Light, Spring, Comcast and Time Warner. Utility construction document-: See definition under construction document. Utilities performance security (UPS): A performance bond, cash bond, irrevocable letter of credit, or other authorized form of security furnished by the developer to the sCounty or the dDistrict, prior to recording of plat or conveyance of utility facilities, (potable water, non -potable irrigation water and/or wastewater facilities) and/or non -utility facilities (reclaimed or supplemental water facilities) to guarantee the construction, workmanship and/or materials for the warranty period after the utility system(s) or portion(s) and the non -utility facilities and portions thereof have been conveyed to the sCounty, dDistrict, or other appropriate water -sewer district, or upon completion of the utility system(s) or portion(s) and the non -utility systems and portions thereof when construction occurs on private property. (Refer to section 134-58(e): Utilities performance security.) Wastewater-: The combination of liquid and water -carried pollutants from residences, commercial buildings, industrial plants, and institutions, together with any groundwater infiltration, surface runoff, or leachate that may be present. Wastewater facility-: The structures, equipment and processes required to treat and store domestic and industrial wastes,, and dispose of the effluent and sludge. Wastewater system-: Any and all plant, system, facility or property, and additions, extensions and improvements thereto at any future time constructed for acquisition as a part thereof, useful, necessary or then having capacity for future use in connection with the collection and treatment of wastewater, and/or disposal of wastewater effluent of any nature, originating from any source, and without limiting the generality of the foregoing; includes treatment plants, pumping stations, lift stations, deep injection wells, valves, force mains, intercepting sewers, laterals, pressure lines, mains, and all necessary appurtenances and equipment; also includes all wastewater mains and laterals for the reception and collection of wastewater from premises connected therewith; also includes all real and personal property and any interest therein, rights, easements, and franchises of any nature relating to any such system and necessary or convenient for the operation thereof. Water facility-: The structures, equipment and processes required to treat and store water. Water service-: A water service installation extended to property line or utility easement limit, which includes: tapping saddle, corporation stop, service lines and radio readwater meter installatioR, meter box, wye, sUrbstopcurb stop, and backflow prevention device, if required, extended to property IiRe „r utility easement !in* Water-sSewerdDistrict--: See definition under Collier County Water -Sewer District. Water system-: Any and all plant, system, facility, or property, and additions, extensions, and improvements thereto at then future times, constructed or acquired as a part thereof, useful or necessary f 19-EIS-04145/1504813/11 10 or having the then present capacity for future use in connection with the development of sources, treatment or purification and distribution of potable water, and, without limiting the generality of the foregoing, includes dams, reservoirs, storage tanks, lines, valves, pumping stations, laterals and pipes for the purpose of carrying potable water to the premises connected with such system; also includes all real and personal property and any interest or rights therein, easements, and franchises of any nature whatsoever relating to any such system and necessary or convenient for the operation thereof. (b) Abbreviations. ANSI ASTM American National Standards Institute American Society for Testing and Materials AWWA American Water Works Association BCC Board of County Commissioners CCWSD Collier County Water -Sewer District CPI Concrete Pipe Institute County Utility Easement Department of Community Affairs CUE DCA DSAC Development Services Advisory Committee ERP Environmental Resource Permit FAC Florida Administrative Code Florida Department of Environmental Protection Florida Department of Transportation FDEP FDOT GIS Geographic Information System GMD Growth Management Department LDC Land Development Code MSW Municipal Solid Waste North American Datum NAD NEC National Electrical Code NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NPDES National Pollutant Discharge Elimination System NWRI National Water Research Institute Professional Engineer PE PUD Public Utilities Department (can also mean Planned Unit Development) P-WA ROW Right -of -Way SDP SFWMD SIP Site Development Plan South Florida Water Management District Site Improvement Plan f 19-EIS-04145/1SO4813/11 11 UPS USACE WEF Utilities Performance Security U.S. Army Corps of Engineers Water Environment Federation (Ord. No. 04-31, § 6; Ord. No. 07-60, § 1; Ord. No. 2018-36, § 1) Sec. 134-57. - Policies and standards. (a) Utility service: Availability of service from the dDistrict. (1) As a requirement to developer's submittal of construction documents, developer shall obtain prior written verification from the jaEublic 41.1tilities dDepartment regarding service from the dDistrict, which shall: (i) ascertain the current status of utility service from the dDistrict, if any; (ii) identify restrictions, if any, of availability of such service(s); and (iii) provide pertinent facts regarding location and availability of dDistrict's existing and/or then proposed dDistrict utility system(s). The Public Utilities dDepartment shall respond in writing to all such requests. (2) Service from the dDistrict not readily available. Service from the dDistrict is not "readily available" except to the extent that the extension of the dDistrict's utility facilities is then a planned five-year capital improvement program in the then current Collier County Water and/or Wastewater Master Plan, and the respective plan's extension to the project site is planned to commence within five years or less from the time of the inquiry from the developer to sCounty staff for such service(s). If an extension of the dDistrict's facilities to the respective project is planned to commence within five years according to the then applicable master plan, but the applicant desires that such then planned time schedule be accelerated in time, the developer may negotiate a utility facilities extension agreement with the dDistrict, (which agreement may include upsizing provisions. (3) Development project extending its utility facilities to the dDistrict's system if connections to interim facilities are not available. If the dDistrict's respective utility system does not have access "readily available" to serve the respective project in the dDistrict's service area (as such service availability is then specified in the respective master plan as described herein), extensions of the project's utility facilities to the dDistrict's infrastructure will be required unless interim service is available from another utility as specified below. No such extensions shall be any responsibility of the sCounty or the dDistrict, fiscally and otherwise (time and schedule) and such facilities must be dedicated to and accepted by the dDistrict at no cost to the dDistrict before any such respective utility service from the dDistrict commences. (4) Interim service provided by another utility service provider until dDistrict's facilities may become available. If it is determined by the sCounty staff, in consultation with representatives of the project desiring the utility service(s), that neither of the above -stated two alternatives (extension of the project's utility facilities to the dDistrict's system, or a utility facilities extension agreement to extend the dDistrict's facilities to the project earlier than contemplated in the then applicable master plan) is feasible, only interim service from another utility (governmental, municipal or private) can be authorized by the pubpubliG UtilitieseUD adMiRistrate Head or designee by means of agreement. The PUDu+Nty ad,,; 4&ratGr Head or designee on behalf of the dDistrict may authorize the other utility to provide interim service to the project, in accord with paragraph 10 of Section 5 of Chapter 2003-353, Laws of Florida, the dDistrict as a matter of that law cannot and shall not approve any expansion of any permanent utility facilities from any such other utility or utility service provider into or within the dDistrict's then existing service area. No such extension shall be any responsibility of the sCounty or the dDistrict, fiscally and otherwise (time and schedule). Each such interim service agreement (between the project and the other utility or utility service provider) must be executed by the other utility or service provider, by authorized representatives of the project to be served, by the dDistrict and by the bBoard. f 19-EIS-04145/1504813/11 12 (5) Interim utility facility. Provided (a) the project extending its utility facilities to the dDistrict's system is not feasible, and (b) interim service from another utility or other service provider is not feasible, and (c) a utility facilities extension agreement (Form 1) is not feasible, and provided the proposed interim utility facility/system is then a lawful use at the project site (in accordance with the scounty's LDC and all applicable laws, 90rdinance, rules, regulations, and relevant written agreements, if any), the project's representatives may apply to staff to request authorization for an interim service facility/system by entering into an interim facility/system agreement (see Standard Form 1, herein below). Each such service agreement must be executed by authorized representatives of the project to be served by the interim utility facility, by the dDistrict and by the bBoard. (6) Adequate public facilities letter. In the event the proposed development is outside the service area of the DistrictGGVV D, but within the then certificated service area of any another utility or utility service provider, that utility or utility service provider shall submit an adequate public facilities letter to GMD. That letter must prove that prompt availability of such service is available to adequately provide the utility service(s) and must demonstrate that the entity can and will provide service to the proposed development in accordance with Chapter 64E-6 F.A.C. for water and wastewater service systems having a capacity not exceeding 10,000 GPD; also in accord with Chapters 62-550 and 62-555 F.A.C. for water systems having a capacity of greater than 10,000 GPD, and/or with Chapter 62-600 F.A.C. for wastewater systems having a capacity of greater than 10,000 GPD. The adequate public facilities letter must clearly describe the type and capacity of the utility services that is available in accordance with the then existing standards in Chapter 64E-6 F.A.C. or Chapter 62-600 F.A.C., as applicable, and must include all restrictions or requirements the utility (or service provider) may have regarding the issuance of a binding written commitment for such service(s) to the proposed project. In the event that potable water, non -potable irrigation water and/or wastewater service is not readily available to fully serve the proposed project, it shall be the developer's responsibility to extend and/or improve such service so that such service(s) can be utilized, or clearly and fully detail the steps that will be taken to be served with interim utility services. All F.A.C. provisions referred to herein that are renumbered shall be fully applicable. Refer also to this article's definition of adequate public facilities letter, which is incorporated herein. The GMD administrator or designee may require additional information from the utility (or other service provider) in addition to the adequate public facilities letter, whereby the utility (or other service provider) must prove to staff's reasonable satisfaction that the required service(s) are readily available and will be provided promptly. If requested by staff, the other utility (or service provider), at no expense to the sCounty, shall promptly provide staff with a capacity analysis report for such utility service(s), as well as such other additional information as may be requested by staff. The burden of proof is on the utility or service provider. (b) FDEP permits. (1) With respect to development and/or release of FDEP construction permit applications from the gGrowth s41VIanagement dDepartment, written approval from the 64„4s4e., dire teF (,.OURt„ eRg;Reer)Development Review Division Director or designee of the utility portion of the construction documents for the potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof is mandatory before the sCounty or dDistrict executes and releases applications for any required FDEP permits. Prior to commencement of construction, FDEP permit must be issued. With respect to development of and/or construction activities for an interim utility system, the development may obtain executed FDEP permit applications prior to o.,gReeRR , ro",o,., won,,, es division d'Fe tGF i,.,,unty enginoor�Development Review Division Director final written approval of construction documents. Under no circumstances shall construction commence with regard to the interim utility system until the construction commencement criteria in subsection 134-58(f) herein have been satisfied. With respect to those service areas outside the Distric!GGVVSD, copies of all approved FDEP construction and operating permits shall be submitted to the sCounty or dDistrict immediately upon issuance and receipt. (2) With respect to the FDEP certification of completion of construction forms, the services diViGi^^ direGtO' (GOUR+„8RgiRee-r-)Development Review Division Director or designee f 19-EIS-04145/1504813/11 13 will have the forms executed by the pub,;^ Utilities division —after they receive the utility ^" ;i inspection approval letter during the prelimi inal acceptance process. The eegiReerieg diFeG+^r (^96,nty ^^^'Reer)Development Review Division Director or designee will release the forms after review and approval of the required utility conveyance checklists items in the standaFdsmManual per pFelimiRary conveyance policy. (c) Design and performance standard manuals and publications. The minimal, but mandatory, utility design requirements of this article are established by the most recent technical standards, procedures and criteria as set forth in the latest edition(s) of the publications and standards listed in the ^+^,o mManual. The minimal, but mandatory, utility design requirements set forth in the standards are incorporated herein and are, thereby, an integral part of this oOrdinance. Deviation from the established criteria, as set forth in the standards „Manual, is not precluded, provided that, the engineer of record shall provide, for sCounty "vWater or wWastewater dDirector review, a design deviation based on such rational criteria that promotes, protects, and/or improves the public's health, safety and welfare and upon such showing, receives the sCounty's or dDistrict's prior written approval. Neither sCounty nor dDistrict approval shall be granted to any proposed design that jeopardizes the public health, safety and welfare, or that would result in a system performance less than that which would be provided to the public by adherence to the recognized and accepted industry standards set forth in the manuals/publications listed in the ^+^Manual. (d) Owner's responsibilities to maintain or repair interim utility facilities. Project developers, their successors, or assigns, that own the respective interim utility facilities and/or system(s) shall be responsible to maintain, repair and/or replace all interim facilities and/or systems, including all costs, if any, incurred by the sCounty or dDistrict to maintain and/or repair interim utility facilities in compliance with this odrdinance and with all applicable standards and regulations, including FDEP potable water and/or wastewater quality regulations and other regulations. Such costs shall be borne by the developers, their successors, or assigns of such facilities and/or systems, including homeowner's associations and similar associations, as applicable, and shall run with the land (where such facilities and/or system are located) until, if and when, the interim facilities and/or interim facilities are connected to the Collier County Water -Sewer District's system. (e) Construction observation and inspection. See subsections 134-59(a) and (d). (f) Utilities conveyance and acceptance. The transfer of ownership of any utility facility, including any interim utility facility, and/or any reclaimed water system or portion thereof, to the dDistrict shall comply with the requirements of law, as set forth in the Florida Statutes, and applicable sCounty resolutions. (Refer to section 134-60: Utility conveyance procedures herein.) (g) Utility easement. (1) All uses of Collier County Utility Easements (CUE) shall be in accordance with this edrdinance or other bBoard approved uses and shall be for the exclusive sub -surface use of the beard District or other sCounty or dDistrict approved uses. All CUEs shall comply with relevant L G requirements of this Ordinance, unless specifically authorized to do otherwise in writing (in the form of a oUtility dDeviation (Form) by the ^6ih'i^ t*14t4^^ d^^^rtm^^+PUD aaMiRistr a Head or designee(s). Any use, other than service crossings, of a CUE that is not authorized by the sCounty or dDistrict is prohibited. Any use of a CUE that creates a hazard or potential hazard to the potable water, non -potable irrigation water and/or wastewater system(s), or portion(s) thereof, or to the employees of the board/sCounty/GSWSD or District in the performance of their duties is prohibited. Private road rights -of -way with CUE overlays are exempt from the exclusive use provision, however, all design setback and construction requirements of ti�_—this obrdinance shall be adhered toapply. (2) Privately -owned utilities may be allowed within a CUE, subject to prior approval by the eRgi eeFi g review seFViGes diViS,^r, d;FeGtG- (GGURty eRgi e-&ODevelopment Review Division Director or designee with coordination with the transportation services division and/or the jaEublic +4Utilities dDepartment, and provided that such privately -owned utility does not hinder operation and/or maintenance and/or repair activities and does not create an unnecessary financial burden to the rate payers of the dDistrict. Aboveground improvements such as, but not limited to, paved f 19-EIS-04145/1504813/11 14 parking, decorative walls and/or landscaping may be permitted to be installed within a CUE by the grantor, its successors or assigns. However, all costs and expenses of any and all repairs, replacements, maintenance and restorations of all such improvements shall be the sole financial responsibility of the grantor, its successors or assigns. These cost obligations shall be clearly stated on the approved plans, record drawings, and, if applicable, in the homeowners' association documents but failure to state such obligations shall not affect these obligations. (3) Combined water -wastewater easements shall be agreed upon on a case -by -case basis, dependent on depth of lines and shall not be combined, unless and until approved by the engiReeR , , ro",o,^, moo. a, os ,�,",S,,,., diFe tGF (,.,,URty eRg;Reer)Development Review Division Director or designee. (4) Width of easements. a. Minimum width of potable water main, force main, and/or non -potable irrigation main easements shall be 15 feet. b. Minimum width of gravity wastewater easements shall be twice the depth of the bottom of the line or 15 feet, whichever is greater; and c. Lift station easements shall be at least twice the depth by twice the depth of the lift station inside-of-wetwell bottom or 30 feet by 30 feet, whichever is greater; and d. Combined water -wastewater easements shall be agreed upon on a case -by -case basis, dependent upon depth of lines. e. In the event that the CUE(s) do not provide the sCounty/4District with full, adequate physical access to the respective utility facilities, the sCounty/District must be provided with other written rights of physical access to such utility facilities. f. For well easements, refer to the LDC. (h) Building permits —Connection fees and charges. County shall not approve the issuance of a building permit until the utility construction documents, together with the associated plat, have been reviewed and approved pursuant to the LDC, and all appropriate potable water, non -potable irrigation water and/or wastewater system impact fees, connection fees and the sCounty's costs or dDistrict's costs, if any, of making emergency repairs or maintenance to the utility facilities before final acceptance of the utility facilities have been paid. The developer shall be responsible for coordinating development activities with the sCounty, and shall ensure that all necessary utility construction documents, plats, etc., are submitted for review and approval. Temporary use permits shall be exempt from the utility construction document approval requirement prior to building permit approval, unless specific conditions preclude such exemption. (i) Certificates of occupancy. A certificate of occupancy shall not be issued for any structure prior to final inspection approval, FDEP approval to place potable water and/or wastewater systems into service and ^ryL-final acceptance of all potable water, non -potable irrigation water and/or wastewater systems required by this o0rdinance or the LDC. (Ord. No. 04-31, § 7; Ord. No. 07-60, § 2; Ord. No. 2018-36, § 1) Sec. 134-58. - Construction approval and document submissions. (a) General. This section establishes the sCounty's or dDistrict's minimum requirements, pursuant to, or in addition to, the minimum LDC requirements for the submission of the following construction documents by the developer, owner and/or contractor, for sCounty or dDistrict review; however, the 8RgiRe8FiRg ram^ -. mac 64";6;^ d irP_Gt^r (^^61n+^, 8RgiR99r`Development Review Division Director or designee or dDistrict staff may require additional data, as the sCounty or dDistrict staff deems necessary, in order to complete its review of: f 19-EIS-04145/1504813/11 15 (1) Potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof for projects proposing to connect to existing potable water, non -potable irrigation water, and/or wastewater systems; and (2) Potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof for projects proposing to be served by interim potable water, non -potable irrigation water and/or wastewater treatment systems. Where practical, as determined by the sCounty staff during the plan review process, potable water distribution main extensions shall be looped to sCounty (4District) potable water transmission mains. Water distribution mains at culs-de-sac, if not looped, shall have a flushing device at the end of the line. (b) Construction documents. (1) Preparation of construction documents. Construction drawings and technical specifications for the construction, extension and/or modification of potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof shall be prepared by, or under the supervision of, and shall be certified by, the engineer of record, a professional engineer licensed to practice in the State of Florida, under F.S. sl}Ch. 471. (2) Pre -submittal conference. it ;s required +ho+ "Prior to initial submission to sCounty staff of construction documents, the owner, developer or authorized agent, (the "applicant") shall confer with the—pPublic sUtilities Department representative and GGMM61ROty develOpMeRt a ;Q eRVirenme^+P_PAG^esDevelopment Review Division representatives to obtain information and guidance, and to initiate an informal preliminary review, pursuant to this Ordinance and the LDC, as may be amended, before substantial commitments of time and/or money are made in preparation and submission of further documentation. (3) Submittals. Unless instructed otherwise at the pre -submittal conference, initial submittal of construction documents, together with any supportive materials, shall be submitted to the ,,,., .,,,,nity development and enviFGR ental sepxires admi ,s+rateFDevelopment Review Division Director or designee and shall be accompanied by a descriptive cover letter. Such cover letter shall contain, but not be limited to, the following: a. Project name. b. Location of project. c. Type of utility construction proposed. d. Estimated number of potable water, non -potable irrigation water and wastewater users to be served by the proposed construction. e. Explanation of what action the sCounty or dDistrict is being requested to take regarding the materials submitted. f. List of documents attached. g. Engineer's report. A concise report summarizing the proposed construction including connections, phasing, assumptions, and estimated total flows. 1. In the event the proposed construction is part of a proposed subdivision development and plat review process, applicant shall additionally follow, unless otherwise set forth herein, the "development requirements" procedures set forth in LDC, as then amended. 2. The sCounty requires complete data and information with this initial submission in order to efficiently provide the necessary review. For this reason, a "standard transmittal" form will not be acceptable for the initial submission. However, transmittal forms may be utilized for the subsequent submittal of revised documents, additional items requested by the sCounty staff and other information pertinent to the review and approval process. f 19-EIS-04145/1504813/11 16 (4) Schedule of fees and charges. The bBoard shall by resolution establish a schedule of fees and charges for construction plan review and inspection services. The schedule shall be posted in the gGrowth feManagement dDepartment. The resolution shall be filed with the clerk to the bBoard. The schedule may be revised pursuant to standard resolution adoption and amendment procedures. The construction document review fee shall be submitted with the construction document submission. The e•VieV4r' f22 shall be Fequired of staff prior to fiRal approval r,f the r o^+o,a The developer shall be responsible for the payment of all fees identified above. (5) Plans, specifications and cost estimate. The engineer of record shall furnish complete sets of the construction drawings and technical specifications (engineer's report) as required by the gGrowth nWanagement dDepartment (a set of bound technical specifications shall be provided for community development's master file if not already done so). Construction drawings shall be prepared on standard size 24" x 36" sheets. Technical specifications (the engineer's report) shall be typewritten on 8-1/2" x 11" sheets and bound in an acceptable manner. Technical specifications (the engineer's report) shall include an estimate of probable construction costs, prepared by the engineer of record, which contains a summary of quantities and estimate of installed cost for the potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof proposed for construction. The cost estimate shall be prepared by the engineer of record and submitted in itemized form to include the cost of all required improvements and/or the contract bid price for all work necessary to complete the required improvements. Incorporation of technical specifications into the construction drawings, in lieu of a separate set of written specifications as described above, shall not be acceptable. The construction documents shall be submitted to the Development Review Division Director GOMMURity deveIGPFR8Rt and- eni.A.r^.n.m.e ,+a' se i^^^ a,+mi i^+ra+^r or designee for review and written approval prior to the commencement of construction. The construction documents shall include, but not be limited to: a. Cover sheet with location map; b. Site utility master plan, indicating the overall site development and all proposed utility additions, extensions and/or improvements including easements, with references to the appropriate plan and profile sheets. If phasing of the project is proposed, phases shall be indicated on this drawing. For proposed points of connection to existing potable water, non - potable irrigation water and/or wastewater systems, the site utility plan shall indicate the method and materials to be used. Actual location of existing sewer mains and/or laterals, potable water lines and non -potable irrigation water lines and/or stubs shall be shown, where applicable; C. Identification of individual lots for subdivisions and/or buildings and structures for condominiums, multi -family projects, etsetc.; d. For all projects, the proposed meter location(s) shall be illustrated. All commercial facilities must be metered separately from residential facilities with the exception of those commercial facilities that are within a master metered residential development and designed for the exclusive use of the residents within such development. Final meter sizes shall be determined by the Collier County Public Utilities Engineering and Project Management DepartmeRtDivision Director or designee, and the construction document shall note if water services are to be installed by others. For preliminary meter sizing, see Consolidated Impact Fee Ordinance No. 2001-13, as amended, superseded or consolidated; e. All existing utility easements on the particular property shall be shown on the drawings. Proposed easements may be required to be shown if the site working space is confined, as determined by 4GCounty staff on a case -by -case basis. Easements required to be shown shall be clearly labeled and shall show the width and limits (refer to 134-57(g)); f 19-EIS-04145/1504813/11 17 Plan and profile sheets shall indicate the horizontal and vertical locations for all potable water, non -potable irrigation water and/or wastewater additions, extensions and/or improvements, including all appurtenances, as well as other proposed and/or existing system(s) or portion(s) thereof, together with all conflicts in the same general location. Special profile sheets shall be required when unique situations or complex conflicts occur that cannot be clearly detailed on standard plan and profile forms. Profiles shall be positioned on the sheet directly below the plan section they are illustrating, with the exception of utilities that are not eligible to be owned and maintained by the sCounty or the dDistrict. For such utilities that are not owned and maintained by the sCounty or the dDistrict, profiles shall be provided, but do not have to be positioned on the sheet directly below the plan section; g. Potable water, non -potable irrigation water and/or wastewater standard details. Use of the technical standards contained in the sfandaras mManual shall be required for all construction projects. Pavement restoration, backfill standards, compaction requirements, etc., regarding work within the public rights -of -way or CUEs shall be governed by the rules and regulations established by the Public +4Utilities dDepartment as outlined in the :+^sMManual. Standard details involving these items shall reflect the requirements of the pEublic 4Utilities dDepartment; h. Complete lift station drawings, specifications, as required, and details including shop drawings, when necessary, shall be required. A special site plan of the lift station and appurtenances shall be provided. This plan shall contain specific details on the configuration of the station, location of appurtenances such as electric service and transformers, guard posts, control panel, fencing, landscaping, etc., and the proposed location with respect to roadways, sidewalks or bike paths, driveways and proposed or existing rights -of -way or utility easements; i. Potable water and wastewater system hydraulic calculations; j. A symbols and abbreviations legend; k. A list of all sCounty or dDistrict inspections that require 48-hour notice; I. A statement as to who owns and maintains the onsite potable water, non -potable irrigation water and wastewater systems (refer to subsection 134-60(d): record drawings herein). (6) Connection to noncounty-owned wastewater systems. When connection to a central wastewater system, other than those owned and maintained by the sCounty, the dDistrict, or other appropriate water -sewer dDistrict, is proposed, the requirements of section 66-2 of the Collier County Code of Laws and Ordinances and amendments thereto shall be satisfied and shall comply with subsections 134-57(a)—(e) herein: (7) Rights -of -way permits. Construction within dedicated public rights -of -way shall require an approved permit from the appropriate governmental county, state and/or federal agency. A copy of the approved permit shall be submitted to sCounty staff, prior to the project pre -construction meeting. Utility construction within a right-of-way owned by the State of Florida, shall require a FDOT utility permit. When companion FDEP permit applications must be obtained, they will be released for processing prior to final FDOT permit approval, provided the construction documents are satisfactory to the PUbliG-6tilitieG.PUD orHead or designee. (c) Fire control district approval. (1) All construction drawings containing potable water distribution systems or portion(s) thereof shall be reviewed by, and shall require written approval by, the appropriate independent fire control districts. Fire hydrant location design shall be in compliance with the LDC or NFPA regulations, latest edition, whichever is more restrictive. The fire control district shall provide the sCounty staff with a letter approving the number and location of the fire protection facilities to serve the project. This letter shall contain an agreement by the fire control district to accept the ownership and maintenance responsibilities for the hydrants after construction is complete pursuant to the established policy of each individual fire control district in effect at such time. The ia.Eublic 4Utilities dDepartment will be responsible for the fire hydrant lead, up to and including the gate valve as f 19-EIS-04145/1504813/11 18 specified in the standards „Manual, unless the fire districts do not accept ownership of the fire hydrants and leads after the isolation valve, in which case the entire lead and fire hydrant shall be dedicated to the dDistrict. (2) Upon completion of the potable water system construction, the engineer of record shall provide to the community development and environmental services administrator or designee field fire - flow testing documentation by the appropriate fire control district that establishes that adequate fire -flow capabilities exist. The engineer of record must incorporate demand capacity and meter - sizing data establishing that the water meter selected does pass the total flows required by the project in the engineer's report for projects that are to utilize a master water meter to which fire hydrants shall be connected. (3) The -District^^, ty water sewer diStFiGt shall not be responsible for, and shall be held harmless from, any damages or loss resulting from inadequate sizing of a water meter to supply fire flow in addition to concurrent domestic demand for a particular project. Data on the meter sizing analysis shall also be contained in a hydraulic design report required in subsection 134-58(b)(5). Per F.A.C. 4A-46.041, the sCounty shall not own, maintain and test fire lines, such ownership is the responsibility of the applicable fire district. (d) Plats. (1) A copy of the proposed plat for new subdivisions that contain potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof shall be submitted with the construction drawings to the sCounty staff for review and approval. All County eUtility eEasements that will be required for the potable water, non -potable irrigation water, and/or wastewater system(s) or portion(s) thereof shall be shown on the plat, if possible. Further, the dedication block on the cover sheet shall contain the following statements: a. That aAll County eUtility eEasements C.U.E. for potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof and lingress and €egress rights, where appropriate, are provided to the Collier County Water -Sewer District to operate and maintain potable water, non -potable irrigation water and/or wastewater utility systems or portion(s) thereof within the Pplatted Aarea after final conveyance to the 6 DDistrict; and, where applicable, to install, operate, and maintain the s-District's connecting utility facilities within such easement(s) with no responsibility for maintenance of the surface easement area; and Applicable potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof constructed within this platted area in compliance with the requirements set forth in the Collier County Utilities Standards and Procedures Ordinance (2004-31), as amended, hereiRshall be conveyed to the bBoard as the ex-officio governing board of the Collier County wWater-sSewer dDistrict upon acceptance of the additions, extensions and/or improvements required by the plat. (2) Final approval of construction documents for a project will not be made until the bBoard, pursuant to the LDC requirements, has duly approved the proposed plat. Plats submitted and approved by the bBoard shall be in complete accordance with this sOrdinance. Any requests for deviations from this sOrdinance shall be clearly outlined in the executive summary, with a copy sent to the affected division(s). Deviations approved as part of the plat shall not be valid unless clearly outlined in the applicant's submittal letter and a copy of such approval by the p6lbloG utilities depaFtMeRtPUD adMiRistrate Head or designee(s) is provided. If a plat is not required for a specific project, the engineer of record shall provide documentation confirming such so that the sCounty staff may determine the extent of utility easements that must be provided. (e) Utilities performance security and final , e taPGe obhh atiG ,0 Gash h.,..J (1) Notwithstanding any other provision(s) in this oOrdinance, the developer shall be required to furnish a utilities performance security ("UPS") in an amount equal to 110 percent of the engineer's estimated probable cost of construction for potable water, non -potable irrigation water (where applicable) f 19-EIS-04145/1504813/11 19 and/or wastewater system(s) or portion(s) thereof that will be conveyed to the District or $10,000.00, whichever is greater. The developer shall submit the final aGGeptaR .e ebligatiep's cash bond anra UPS w+fh rip or to final construction don rnentsrecordinq the plat. The UPS must be approved by the Collier County Attorney's Office prior to c^mmenremen+ of utility c^nsf�rr�ar uctmon^f'^n record in the plat. The final acceptance obligations rash bond shall be required, h t aA UPS is not required for the construction phase of a project, provided development is on private, non _subdivided property where the only water distribution, non -potable irrigation water, and/or wastewater infrastructure to be conveyed to the District are service extensions to the project boundary, provided the construction cost of said service extensions does not exceed $100,000.00, or if the UPS has e8 preViGUSly stathe,to the, rr,I Inf„ r,r ni�T� FS a e I DG re^„ireMenfS Upon conveyance of utility ssVste'�m(s) or portion(s) thereof to the District, the developer may request a reduction of the UPS for infrastructure installed and inspected to an amount eaual to ten percent of the cost of utilitv construction but not less than $10.000.00. . er i# from tome to tome by surnmary agenda FeSE)l61tiE)R(S) E)f the beard E)f GGURty GE)mmissieners. Staff may summarily waive the UPS requirement when the utility facilities/systems are being constructed by, or on behalf of, another governmental entity, such as, but not limited to, the Collier County School Board, a fire district, the State of Florida or any agency thereof, or the Government of the United States or any agency thereof. (2) Upon preliminary conveyance of utility systern(s) or portion(s) thereof to the county, the developer may request a reduction in the UPS in an amount equal to ten percent of the probable cost of utility construction for the required guarantee or warranty period. For completion of asseptarGe of the—GGMpleted utility system(s) GF PE)FtiGR(S) thereof. Whenever reasonably possible, the UPS amount shall be based on the actual bid price of the potable water, non -_potable irrigation water (where applicable) and/or wastewater systems) or portion(s) thereof that will be conveyed to the District. Whenever a bid price is utilized, a copy of the accepted bidder's proposal form shall be submitted with the UPS. An opinion of probable construction cost signed and sealed by a Florida licensed professional engineer will suffice when the actual bid price is not available. The UPS shall be held by the cCounty or dDistrict until the end of the warranty period and shall secure and cover the performance of the developer in construction and maintainin^constructing the subject permitted potable water, non -potable irrigation water and/or wastewater additions, extensions and/or improvements in accordance with the Manual. Acceptable UPS forms shall be a performance bond, cash bond, irrevocable letter of credit, or escrow agreement. The UPS must specify that the security shall not cease u ;;ass —a ;d until a year after the bBoard has finally accepted the utility system(s) that are covered by the UPS. No other form of security will be accepted unless a waiver of the requirements herein is granted by the bBoard. All surety companies associated with a performance bond shall hold a current certificate of authority, as issued by the tTreasury dDepartment, as an acceptable surety on federal bonds under an Act of Congress approved July 30, 1947. (3) Attorneys -in -fact who sign a performance bond must file with the bond a certified copy of their power of attorney certificate. The bond must either be signed, or countersigned by a Florida registered agent. The surety shall be directly responsible to the cCounty and the dDistrict should the bond be utilized to complete any repairs or work on the project. f 19-EIS-04145/1SO4813/11 20 (4) The issuer of any letter of credit shall be a federally insured and regulated savings and loan association or commercial bank, authorized to do, and doing business; in the State of Florida. The place of expiry must be in Florida. Any letter of credit must be irrevocable for at least 24 months and must apply to both the construction and maintenance obligations of the developer and all final utility acceptance obligations, including late fees, and must be acceptable to the Collier County Attorney. The beneficiary of any letter of credit shall be the bBoard. The beneficiary of a letter of credit provided as a UPS shall be entitled to draw on the letter of credit if: a. The developer has failed to construct or maintain n the subject potable water, non -potable irrigation water and/or wastewater improvements; or has failed to fully perform all final acceptance obligations. Final acceptance obligations must be submitted to the Growth MaRa„o, eRt DepartmGRrtDevelopment Review Division d eve lopmeRtand aGGe. +a b. The letter of credit is scheduled to expire prior to final a^^en+a^^ethe end of the warranty period, as described in subsection 134-60(c) herein, and alternative performance security has not been provided and accepted in accordance with this oOrdinance within three business days prior to the expiration date. (5) A final utility inspection of the subject potable water, non potable irrigation water and/o wastewater systern(s) or portion(s) thereof shall be conducted prior to release of a UPS. All construction and maintenance obligations covered by a UPS shall be guaranteed and maintain Utility iRspeGtiGR, the GG6IRtY staff shall provide writteR RE)tiGe to the eRgiReer of reGerd, if praGtiGable, approximately 30 days prior to the GOmpletieR of the A -Re year peried from aGGepta (65) The final acceptance obligations cosh bond and the UPS shall remain, at all times, in full force and effect until the board approves final accen+ancefor the duration of the warranty period. Upon such annrovaiexpiration of the warranty period, the county staff shall schedule an agenda item for the next available regular BCC meeting recommending return and release of the UPS to the project engineer or the developer's designated agent and shall return +he +hen_d a naymenbalance, Of any, of the fina acceptance obligations cash bond, without interest, to the entity that StFiGtly FeSPGRsible to promptly keep GOURty staff advised Of 6YffiGiGRt MailiRg returR 'Rferma obligations Gash bGRd shall run with the land the land is sold or otherwise transferred OR t4e owner's of the common areas, such as the condominium association or developer's associati if due to default of the provider of the final acceptance obligations cash bond, it is not possible staff to ascertain the refundable amount of the bond within four years of the date of delivery of that cash bond to the county and the district, the cash bond shall be forfeited to the public utilities department after deducting all then known obligations payable out of that bond. (f) Construction commencement. Potable water, non -potable irrigation water and/or wastewater system construction shall commence only after receipt of the following: (1) a —Final written approval of the construction documents. b. PFeliminar„ , GFk au theriZatign (PVV ) approval asGYtliRed OR the LDS (2) FDEP construction permits for the potable water, non -potable irrigation water and/or wastewater systems. (3) Any other permit that may be required for potable water, non -potable irrigation water and/or wastewater construction, including, but not limited to SFWMD ERP, MSW, USACE dredge -fill, NPDES and FDOT permits. f 19-EIS-04145/1SO4813/11 21 (4) Pre -construction meeting as outlined in subsection 134-59(b) herein. (g) Construction document modification. The engineering FeVie ^, SeFViGes division diFeG+,,. (,.,), my 8RgiR Review Division Director or designee, prior to commencement of construction, must approve all modifications to previously approved construction documents. The engineer of record shall submit a construction document modification including a written technical description of all modifications, any and all applicable fees, and revised construction drawings to the eCounty staff for written approval prior to construction. (Ord. No. 04-31, § 8; Ord. No. 07-60, § 3; Ord. No. 2018-36, § 1) Sec. 134-59. - Construction observation and inspection. (a) General. (1) Installation of all potable water, non -potable irrigation water and/or wastewater systems or portion(s) thereof and/or connections to existing utility systems within the eCounty shall be observed and inspected by qualified professional and technical personnel as deemed necessary by the engineer of record. Construction observation and inspection is required to ensure that the system(s) or portion(s) thereof accepted by the bBoard have been installed in accordance with the eCounty staff approved construction drawings and technical specifications. Construction observation and inspection is further necessary to ensure that the eCounty and the potable ter ReR pG+able it gati^n water andler vVastewateF 'Districts shallreceive utility systems or portion(s) thereof that require minimum capital expenditure for operation and maintenance. (2) Under no circumstances will the eCounty or the dDistrict accept anything less than the following. To assure proper laying and backfilling of utilities pipes and other underground utility facilities that can be damaged by improper laying or backfilling, a minimum of one or a combination of the following methods shall be utilized at the election of the entity doing the installation of the respective facilities: (i) mechanical screening of native bedding and backfill material to a compacted height of one foot above top of pipe, (ii) importing of select bedding and backfill material to a compacted height of one foot above top of pipe, (iii) full-time inspection during laying and backfilling to a compacted height of one foot above top of pipe, or (iv) certification by a geotechnical engineer licensed to practice in the State of Florida that the native or existing soils to be encountered during the construction of the underground utility will be suitable for use as bedding and fill material. If full-time inspection is the chosen alternative, such inspection shall consist of on -site inspection by a non -county -government -employee licensed professional engineer and/or qualified inspector under the supervision of the professional engineer performed (at no expense to the eCounty or dDistrict for private projects) during the installation (laying and backfilling) of all potable water, or non -potable irrigation water and/or wastewater systems or portion(s) thereof. Record drawings shall state which method was used to assure proper laying and backfilling of material. (b) Pre -construction meeting. Upon eCounty staff approval of a project's construction documents, and prior to the commencement of construction, a pre -construction meeting shall be conducted pursuant to the LDC. The pre -construction meeting shall be held in the offices of the eCounty or, if deemed appropriate, at the office of the engineer of record. Representatives of the eCounty, the applicant(s), the engineer of record, the utility companies, the contractor and the developer shall attend the pre - construction meeting, unless waived by the eCounty staff. At the pre -construction meeting, a schedule of construction activities and copies of all applicable state and federal permits shall be provided to the eCounty representative(s). At least 48 hours written notice shall be provided for scheduling the pre - construction meeting with the eCounty staff. Should any utility construction commence prior to the pre - construction meeting, the eCounty staff shall have the right to require partial or full exposure of all completed work for observation, inspection and verification that utilities were installed in accordance with the approved construction documents and technical specifications. The owner, developer or authorized agent shall notify the eCounty staff in writing of which one or a combination of the following methods will be used to assure proper laying and backfilling of utilities pipes: 1) mechanical screening of native bedding and backfill material to a compacted height of one foot above top of pipe, 2) importing f 19-EIS-04145/1504813/11 22 of select bedding and backfill material to a compacted height of one foot above top of pipe, 3) full-time inspection during pipe laying and backfilling to a compacted height of one foot above top of pipe, or 4) certification by a geotechnical engineer licensed to practice in the State of Florida that the native or existing soils to be encountered during the construction of the underground utility will be suitable for use as bedding and fill material. (c) Construction scheduling. All potable water, non -potable irrigation water and/or wastewater system construction in right-of-way areas, including pressure testing and sewer lamping, shall be completed in accordance with the approved construction plans and technical specifications prior to proceeding with the stabilization of the roadway sub -grade. Installation of improvements that would complicate corrective work on the potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof, shall be considered in scheduling all adjoining and/or related phases of the construction. The County staff shall be notified within 24 hours, with written follow-up, of any problems and/or conflicts with the construction of the additions, extensions and/or improvements as they affect the completion of the proposed system(s) or portion(s) thereof in accordance with the approved construction plans and technical specifications. Failure to comply with this regulation shall constitute just cause for the issuance of a stop work order by the sCounty staff and the sCounty staff shall have the right to require partial or full exposure of any related work which has been completed, in order to observe, inspect, and verify that the utilities were installed in accordance with the approved construction plans and technical specifications. (d) Construction observation and inspection. (1) General. Pursuant to the F.A.C., Chapter —Rule 62-555.533, the construction of potable water and/or wastewater system(s) or portion(s) thereof requires a professional engineer ("P.E.") to certify that the construction was completed in accordance with the approved construction plans and technical specifications. The certification must be based upon on -site observation of construction; therefore, all potable water, non -potable irrigation water and/or wastewater systems construction shall require on -site construction observation in compliance with the LDC and F.A.C., Ghapt2FRule 62-555.533, as may be amended hereafter. The construction observation shall be performed by a P.E. licensed to practice in the State of Florida or a designated technical representative under the P.E.'s direction. The P.E.'s certification of construction compliance with sCounty staff approved construction documents verifies that the potable water, non -potable irrigation water and/or wastewater systems or portion(s) thereof have been constructed in accordance with record drawings. Refer to section 134-60: Utilities conveyance procedures. (2) Construction inspections by sCounty representatives. a. Upon final written approval of construction documents by the sCounty staff, the engineer of record shall be provided with a list of standard inspections that require the presence of a sCounty representative. All required inspections shall be identified in the sCounty's staff's approval letter for the project. The engineer of record or applicant's contractor shall be responsible for requesting sCounty inspections based upon the scheduling and progress of construction. Requests for inspections shall be provided to the sCounty staff at least 48 hours prior to the requested inspection to allow scheduling of the sCounty inspector. Verbal confirmation of the inspection time or a request to reschedule the inspection shall be made by the engineer of record. During the sCounty inspection, the engineer of record or his/her designated representative shall be available on -site. b. Routine sCounty inspections shall be performed without notice on all potable water, non - potable irrigation water and/or wastewater systems construction to ensure compliance with sCounty approved construction documents. In the event the sCounty inspector, or an employee of the pPublic +Utilities dDepartment, during an on -site inspection, finds construction in progress which does not comply with the procedures and policies contained herein and/or the approved construction documents, the sCounty inspector, or employee of the pPublic uUtilities dDepartment shall have full authority to issue a stop work order. Such stop work order shall remain in full force and effect with respect to the non -compliant work f 19-EIS-04145/1504813/11 23 until the documented discrepancies have been corrected to the full satisfaction of the pPublic oUtilities dDepartment. Construction -related inspections, where applicable, shall include, but not be limited to, the following: 1. Hot taps to potable water lines larger than six inches and wastewater systems lines greater than four inches.* 2. Master meter and bypass piping. 3. Jack & bore casings.* 4. Pressure tests.* 5. Infiltration/exfiltration tests.* 6. Lift station installation, prior to cover-up and start-up.* 7. Lift station start-up.* 8. Lamping of sewer lines.* 9. Pigging and flushing of wastewater lines, force mains, potable water mains and non - potable irrigation lines. * Note: full bore flushing and pigging of potable water lines need only water division inspection. 10. Televi4onlnspection video tapingrecording of wastewater lines at the end of construction and prior to final acceptance the warraRty ^ ried ("in -office review"). 11. Conflict construction.* 12. Connections to existing potable water, non -potable irrigation water and wastewater systems.* 13. Eight -inch diameter or larger casing installations.* 14. Other special requirements as specified by the sCounty staff at the time of construction document approval. 15. Chlorination of water lines and reflushing of line after chlorination (needs only water division inspection only).* 16. Installation of temporary mete rs/backfl ows.* 17. Bacteriological sampling (needs water division inspection only).* 18. Hot taps to any water concrete mains, pressure tests on lines 20" and greater, and connections to existing potable systems greater than 12" need to be inspected by the water division and GMD.* 19. Fire flow testing. *An inspector on behalf of the sCounty or other qualified employee of the sCounty must be present during inspections marked with an asterisk. shall be required prier te any GenveyanGe to and aGGeptanGe by the board. During this ORSPeGtieR, the utilities will be r.her.ked fA_F GGFnPIiaRGe with the approved GGRStFUGtiE)n drawings and/er approved revised GORStF61GtiGR drawings. All systems must be found to be OR f6ill GGFnpIiaRGe with the GOunty appreved GORStFUGtiGR drawings, OF G06IRty approved revised GGRStF6lGt'E)R drawings, prier te (ef) Final utility inspections. (1) Final utility inspections procedures run with all land in, on or over which the respective utility facilities have been installed (constructed). The final utility inspection of the completed system(s) f 19-EIS-04145/1504813/11 24 or portion(s) thereof shall be reauired prior to final acceptance by the Board During this inspection, the utility system(s) or portion(s) thereof shall be examined for any defect in materials and/or workmanship, and for physical and operational compliance with the sCounty staff approved reserc-construction drawings. The l ioc oho" remainefferm until all final „+;r+„ boon FaRte d by the bard Refer to section 134-60: Utilities conveyance policies and procedures. (Ord. No. 04-31, § 9; Ord. No. 2018-36, § 1) Sec. 134-60. - Utilities conveyance policies and procedures. (a) General. All utility facilities to be conveyed to the sCounty or dDistrict, at the time of conveyance to the sCounty or the dDistrict must comply with this o0rdinance and with all then applicable standards and specifications. Nothing in this eOrdinance requires that the sCounty or the dDistrict must accept title to or any responsibility for any utility facility, including each interim facility or interim system, until the facility or system has then received all proper permits/licenses from all applicable agencies prior to and during the construction, expansion, repair and/or maintenance or completion of each such utility facility or interim utility facility or interim system and the facility, interim facility and/or interim system, then complies with all applicable rules and regulations of all federal, Florida and/or local regulatory authorities or agencies, and of this e0rdinance, the utility standarManual and all of the documents then incorporated by reference in that e}Manual, and each such facility, interim facility and/or interim system is not then under litigation, enforcement action, claims and/or liens prior to the transfer and/or entering into a facilities agreement associated with the dDistrict or other independent district utility. Subject to these requirements, potable water, non -potable irrigation water and/or wastewater systems or portion(s) thereof, after pPublic eUtilities dDepartment approval (if applicable), shall be offered to be conveyed to and accepted by the bBoard. The bBoard will accept title to the offered facilities unless in the specific instance there exists good reason not to accept title to such facilities. orb aGGeptaRGe shall, after publiG utilities depaFtMeRt approval (if appliGable), be graRted by the grewth PnaRagerneRt department adMiRisfFateF-G-desig„ee. Upon approval from the pPublic eUtilities dME;4Gr4Department, final acceptance of such facilities and/or system may be approved by the bBoard (s+UbseqUept�Psn rant" peF*G) any after all final acceptance obligations and requirements have been complied with. All facilities and/or systems shall be located within a CUE, District owned property, {or public right-of-way) if they are to be owned, operated and/or maintained by the sCounty or the dDistrict. Neither the sCounty nor the dDistrict shall have no duty with regard to, or any responsibility for, any utility facilities until title to such utility facilities has been finally accepted by the bBoard. Notwithstanding that neither the sCounty nor the dDistrict has any duty with respect to such facilities or systems, in the event that sCounty staff deems that due to necessity (emergency) the sCounty or the dDistrict should expend money and/or perform labor to repair, replace, maintain, relocate, remove or have a contractor or other entity perform any other similar activity with regard to such utility facilities or system, the bBoard is authorized to record a claim of lien against the property, site(s) or units(s) that were responsible for such utility facilities (or system) at the time the sCounty staff deemed it necessary to act. f 19-EIS-04145/1504813/11 25 (1) Potable waterline acceptance. The bBoard may accept title to a potable water distribution system provided all pipes to be accepted are six inches or greater in diameter, and may accept title up to and including the water meter and/or backflow prevention device. All such facilities must be located within acceptable CUE(s) conveyed to the sCounty (refer to subsection 134-57(g)(4) for easement width) and/or lawfully located within public right-of-way. Neither the sCounty nor the dDistrict shall accept title to, nor responsibility to repair or maintain, any dedicated fire line irrespective of the size of the fire line. (2) Gravity sewer line acceptance. The bBoard may accept title to a gravity wastewater collection system provided all pipes to be accepted are eight inches or greater in diameter. All such facilities must be located within acceptable CUE(s) conveyed to the sCounty (refer to subsection 134- 57(g)(4) for easement width) and/or lawfully located within public right-of-way. The sCounty will accept ownership of these facilities only from a manhole or cleanout located at the property line of the facility (project) running to the main wastewater gravity collection system. The minimum acceptable as -built slope shall not deviate by more than ten percent below the allowable slope. (3) Lift station and force main acceptance. The bBoard may accept title to a wastewater collection system, including force mains and/or lift station(s), provided all pipes to be accepted are four inches or greater in diameter. All such facilities must be lawfully located within acceptable CUE(s) conveyed to the sCounty (refer to subsection 134-57(g)(4) for easement width) and/or lawfully located within public right-of-way. (4) Non -potable irrigation water main acceptance. a. The bBoard may accept for ownership, operation and maintenance non -potable irrigation water transmission systems with pipes six inches or greater in diameter, including the master meter assembly, that are lawfully located within acceptable CUE(s) conveyed to the sCounty (refer to subsection 134-57(g)(4) for easement width), or lawfully located within public right- of-way. The bBoard shall not accept for ownership, operation and maintenance any internal non -potable irrigation systems that are downstream of the master meter assembly. b. All projects requiring irrigation shall provide a non -potable irrigation water distribution system with Pantone Purple 522C piping. If and when the project is legally and physically capable of being connected, such system shall be connected to the District'sS system when the District'sSSs non -potable irrigation water system is available to supply such service the project. The project can be issued a deviation from this connection requirement if the applicant can prove that the project is legally and/or physically incapable of being connected to the District's's non -potable irrigation water system owner(s) shall bear the sole responsibility of all costs associated with any additions, extensions and/or improvements necessary to allow connection to the sCounty's (or dDistrict's) non -potable irrigation water mains. c. Exceptions to subsections 134-60(a)(1) through 134-60(a)(4)b. Notwithstanding subsections 134-60(a)(1) through 134-60(a)(4)b-, the sCounty or the dDistrict may accept title to, or responsibility with regard to such facilities if in the specific instance the publi^ Utilatles PUD as RA. iRistra Head or designee, for articulated reasons, determines in writing that (i) it is in the sCounty's or the dDistrict's special interest, (ii) all exceptions are the public interest, (iii) there are compelling reasons for the exceptions and (iv) each exception is reasonably necessary. Each exception to any easement requirement shall be granted only through the application for deviations process. (b) Conveyance documents. Upon the sCounty's (or dDistrict's) final approval of construction documents, eRgiReeFiRg review sePViGes diViS;„n doge tGF (,.,,URty eRg;Ree-)Development Review Division Director or designee shall provide the developer with the c-County's checklist (see standards maR al appe.,, k) of conveyance documents required for submission at the time the constructed system(s) or portion(s) thereof is considered for dedication to the sCounty or dDistrict. (1) All conveyance documents, including but not limited to, deeds, bills of sale, affidavits, easements, facilities agreements, subordinations, master condominium/homeowner's association documents, letters of credit and UPSs, shall be in a form acceptable to the Collier County f 19-EIS-04145/1504813/11 26 Attorney. A schedule of standard legal document forms, approved by the sCounty aAttorney, shall be utilized as a guide in the preparation of conveyance documents. (Refer to section 134-64 of this e0rdinance and Appendix D of the Standards-Manual.) Revisions to standard legal document forms as provided herein shall be reviewed and approved by the sCounty aAttorney prior to submittal to the g rowth f4Management dDepartment. (2) Each instruction in section 134-64 of this eOrdinance is a substantive provision of this e0rdinance that must be complied with unless waived in writing by the reviewing assistant sCounty attorney with regard to the specific document in the specific instance, and subject to such conditions as may be required by that attorney. (3) All documents shall be submitted to the ^^i i r diViSiGR dffFeGt„r (,.OURty eRg+eeer)Development Review Division Director or designee for review and written approval prior to pr y-final acceptance of the utility system(s) or portion(s) thereof and commencement of service. Recording of all documents shall be made by the sCounty only after written acceptance by the GMD^^,,,,, Unity deve',,.,MeRt art eRViF„r,meRtal son.Z_es Head adMiRistrateror designee. All documents recorded hereafter, which do not follow this procedure, shall be returned as "unacceptable." (4) For projects where the potable water, non -potable irrigation water and/or wastewater systems or portion(s) thereof are not conveyed to the bBoard, the record drawings shall contain a disclaimer stating: "On -site potable water, non -potable irrigation water and/or wastewater systems shall be owned, operated and maintained by the master condominium/homeowner's association, its successors or assigns" (or other comparable private ownership). Refer to subsection 134-60(d): Record drawings. (5) The applicant is strictly responsible to keep staff promptly notified of current and correct mailing addresses. Until the utility facilities being conveyed are finally accepted by the bBoard, the applicant shall inform sCounty staff on WFitiRg(to the address of 2800 N. Horseshoe Dr., Naples, FL. 34104, Attn: ten^; e8FiRg 98R4GecDevelopment Review Division) of each and every change to the applicant's street address, mailing address, and/or telephone number(s). Such notice to staff shall not be effective unless receipt of such notice is acknowledged iR WF*t*Rgby staff and such receipt is presented to the sCounty staff by any individual or entity asserting that such notice had been delivered to staff. Absent such WFitteR acknowledgement of receipt of the specific notice by staff, staff is authorized to mail or otherwise deliver letters and/or other notice(s) to the last known address of the applicant as such address is then indicated in the respective utility conveyance documents file for that applicant, and such mailinj-correspondence shall be effective notice to the applicant pursuant to this e0rdinance. (6) Exhibit B to the warranty deed, bill of sale or combined warranty deed/bill of sale shall be a sketch or other graphic representation showing the physical location of the utility facilities being conveyed to the sCounty or dDistrict. It ,s preferable that the Exhibit B should be to scale, shall be legible at 8.5"x11" for recording purposes,- �a^1.h �xhihi+ Qand must describe the facilities being conveyed by type (water line, wastewater line, lift station, etc.). Staffl. shall stamp each G,,,.h C..hihit Q ,.,,+h stamp that substantially as fellews (with blaRk E;paG8E; GGMP'et8d With GGF1rP_Gt *491F.M.—MiG4. (c) Inspection. County staff shall require both ^roliMiRar an.+ a final utility inspection of all potable water, non -potable irrigation water and wastewater systems or portion(s) thereof constructed. The construction of all potable water, non -potable irrigation water and/or wastewater systems or portion(s) thereof shall be observed and certified by the engineer of record and shall be inspected by the sCounty. Refer to subsection 134-59(d): Construction observation and inspection. (d) Record drawings. f 19-EIS-04145/1504813/11 27 (1) Record drawings shall accurately depict the constructed configuration of all potable water, non - potable irrigation water and/or wastewater systems or portion(s) thereof. All revisions to eCounty staff approved construction drawings shall be precisely identified and illustrated on the record drawings. All record drawings of utility systems or portion(s) thereof that are not being conveyed to the 14Board shall bear, on the cover sheet, a prominently displayed DISCLAIMER, in bold lettering at least one -quarter inch high, stating: "All on -site potable water, non -potable irrigation and/or wastewater systems shall be owned, operated and maintained by the private owner(s) and/or the master condominium/homeowners' association, successors or assigns" (or other comparable private ownership). (2) Three sets One set of signed and sealed record drawings for the potable-water.-Gr non -potable irrigation water and/or OR -wastewater systems to be conveyed shall be submitted to the sCounty If nr�+ohlo w , + AND aste Ater and/eF n potable � gatiron ter systems or dDistrict. „ater��., - �sy PG400R(S) the. __I` R', GRveyed, five Sets Of SigRe- and sealed FeGGrd drawings shall be submitted to +ho ^^„n+., ^+^ff _ Each sheet of the record drawings shall identify the entity that provided the record data. Drawings shall be referenced to and tie-in with the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), and with United States Survey Feet (USFEET) units, as established by a registered Florida surveyor and mapper. (3) Record drawings and digital files shall be submitted in accordance with the requirements in the Standaads Manual. (e) Bacterial analysis. Bacterial analyses shall be required for all new potable and raw water transmission and distribution systems or portion(s) thereof to be constructed. Bacteriological samples for potable and raw water system construction shall be performed prior to ^r final acceptance of the system(s) or portion(s) thereof. All such analyses shall be performed by the water division laboratory at no cost to the sCounty or the dDistrict, with test results submitted in writing to the epaiG s d4A4q4^n Wir^^+^.'^^„n+" ^ ^ `Development Review Division Director or designee defere 30not more than 45 days ef-rip or to being placed in service for transmission and/or distribution lines. The p. ublic +Utilities dDepartment shall not process meter installations until bacterial tests have been satisfactorily completed and submitted, and the division has received the FDEP placement in service approval letter or other FDEP written approval. The developer shall be responsible for coordinating all aspects of submission of necessary test results and/or State approvals for placement in service of the potable water system(s) or portion(s) thereof. (f) Final costs. The developer or engineer of record shall submit to the diViSinn diFeGtGF (^^„n+„ eR eer)Development Review Division Director or designee a detailed listing of all materials utilized in the utility system(s) construction. This schedule shall include the description of items, quantities utilized, per unit cost and total cost for each individual item utilized in the potable water, non -potable irrigation water, and/or wastewater system construction. The total cost of all items to be conveyed to the District, including labor and installation costs, utilized for the potable water, non - potable irrigation water and/or wastewater system shall be clearly shown on the verification of final cost schedule. . Costs shall be tabled separately for proposed sCounty-owned (certification of contributory assets-seuRty) and privately -owned (certification of private material) infrastructure(s). These cost breakdown listings will be for material costs only, exclusive of any and all labor and/or installation costs. (g) Test results. All test data, i.e., pressure, inflow and infiltration, etc., required for submission with the conveyance documents shall be certified by an engineer licensed to practice in the State of Florida. Such certification shall bear the rased seal and aR GFigiRalsignature of the engineer. Each certification shall contain computations illustrating the allowable limits for each test based on current accepted test standards, as set forth in the standards „Manual, and the actual field test data obtained. Leakage within potable water, non -potable irrigation water systems and/or wastewater systems shall comply with AWWA standards as specified in the Collier County Standards Manual. Wastewater system infiltration/exfiltration data shall conform to a standard of 50 gallons/inch of diameter/mile/day for all types of pipe and shall be in compliance with the states „-.Manual. Refer to subsection 134- 59(d)(2)b. for construction inspections requiring sCounty presence. Fire flow capacity within the water f 19-EIS-04145/1504813/11 28 distribution system shall be verified through field-testing by the appropriate fire control district to demonstrate that required fire flow rates are available. Fire flow testing shall be performed during peak flow pressure conditions as determined by the utility. (h) Lift station submittals. A copy of the manufacturer's startup report for each facility shall be provided with conveyance documents. Included with this report shall be a written verification from the electrical contractor for the lift station verifying the wire type and size for the electric service and certifying that the voltage drop across the service under full load startup will not exceed five percent of the power company's line voltage at the transformer supplying the station. All tools, such as access cover lock handles, valve wrenches, keys or panel locks, required for the ready access and use of the facilities shall also be submitted to the review—ser-Viees division d+restor(so; my eng+aeeoDevelopment Review Division Director or designee with the documents. (i) Recordation fees. The developer of a project will be responsible for the payment of all recordation fees associated with the utilities conveyance procedures. The developer shall remit the total amount of the recording fee associated with recording the conveyance documents to the division d0reGtGF (GG 1RtY eR Review Division Director or designee prior to the final acceptance of the potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof. (j) Reapplication fees. If more than two submittals of any conveyance document(s) +care required because all insufficiencies specified in writing by the sCounty aAttorney in any prior submittal are not fully corrected by the second submittal, the applicant shall pay a $500.00 re -submittal fee prior to a third review of any document by staff. This fee can be reduced or waived by the sCounty aAttorney for good cause in the specific case. (k) Failure to meet deadlines. In addition to all other provisions of this 90rdinance, the applicable individual or entity is strictly responsible to meet each and every specified deadline. Failure to meet any deadline shall automatically result in imposition of a $100.00 per day late fee against the defaulting individual or entity for each day that the respective deadline is not met. The deadline is not met unless the respective document is actually delivered to staff by the end of the day of the applicable deadline date. Staff is also authorized to withhold any and all other permits, authorizations and/or permissions with regard to the property, or site(s) or unit(s) served (or to be served) by the respective utility facilities until the deadline obligation is complied with and the aforesaid late fees have been paid in full. Subject to staff attempting to provide at least 60 days prior written notice to an applicable individual or entity then associated with the respective deadline defaulting property, site(s) or unit(s) being served with utility service by the sCounty or the dDistrict by means of the utility facilities, and unless waived for good cause by staff in the specific instance upon written request for the delay filed by the defaulting individual or entity (or representative), failure to file any overdue required document on or before its respective deadline date shall automatically impose the $100.00 per day late fee and authorize staff to delay or terminate utility service to the respective delay defaulting property, site(s) or unit(s) to be served, or being served, by the respective utility facilities. This 60-day prior notice provision applies retroactively to any and all overdue required document or item, including, but not necessarily limited to, all final acceptance obligations that before the effective date of this e0rdinance had not been filed by the applicable deadline date. (Ord. No. 04-31, § 10; Ord. No. 2006-48, § 1; Ord. No. 07-60, § 4; Ord. No. 2018-36, § 1) Sec. 134-61. - Amendments. County staff may recommend amendments to this article (including the R4Manual and documents incorporated by reference into the R41VIanual) as may be deemed necessary or appropriate by the p4b4G utolotmesPUD administrate Head and, in case of actual or possible conflict with the LDC, upon the additional prior review by the GMD^r^M" ,nana,o 4ent adMiRistrate Head (it being understood that the LDC controls to the extent of such conflicts). Revisions to the standards MManual should be made periodically by the pubpubliG utilitiesEUD adMiRistrate Head to reflect the best engineering practices, technology advances, compliance with other agencies, and public input, if any. Such revisions shall also be reviewed by the parties listed above. Revisions to the standaFdsMManual must be approved by f 19-EIS-04145/1504813/11 29 Resolution of the bBoard of sCounty sCommissioners. Each such resolution must be placed on the BCC agenda under scheduled public hearings or in the summary agenda section. (Ord. No. 04-31, § 11; Ord. No. 07-60, § 5; Ord. No. 2018-36, § 1) Sec. 134-62. - Penalties and enforcement. Violations of the mManual and/or each document incorporated by reference into the MManual are violations of this e0rdinance. Section 1-6 of the Collier County Code of Ordinances applies to this e0rdinance, to the e}Manual and to documents incorporated by reference into the R4Manual. In addition, any person who violates any section or provision of this e0rdinance, aad/GF he Gelli�_x County Utilities StandaFds-Manual and/or documents incorporated by reference into the a}Manual is also subject to be prosecuted and punished as provided by F.S. § 125.69. Each day the violation continues may constitute a separate offense at the discretion of the enforcement forum. The bBoard may bring suit in the county court or circuit court in and for Collier County for damages, to restrain, enjoin or otherwise prevent or to correct each such violation of this article, the mManual and/or each document incorporated by reference into the mManual. This eOrdinance, the mManual and documents incorporated by reference into the mManual may be enforced by Collier County Code Enforcement Boards. (Ord. No. 04-31, § 12) Sec. 134-63. - Effective date. This ordinance shall become effective upon being filed with the Florida dDepartment of sState. Subsections 134-59(a) and (b) shall have a delayed effective date of July 1, 2004. (Ord. No. 04-31, § 16) Sec. 134-64. - Appendix A —Standard legal documents. Nothing in this Ordinance shall require the County or the District to accept title to, or any responsibility for, any facility until the facility has then received all proper permits/licenses from all applicable agencies prior to and during the construction, expansion, repair and/or maintenance or completion of each such facility and the facility then complies with all applicable rules and regulations of all Federal, Florida and local regulatory authorities or agencies, and of this Ordinance, and each such facility is not then under litigation, enforcement action, claims and/or liens prior to the conveyance of title. INSTRUCTIONS. [Unless waived in writing by the reviewing Assistant County Attorney in the specific instance, the date of each document cannot be signed and dated more than sixty (60) days prior to the meeting at which the Board of County Commissioners will consider its acceptance of the subject utility facility documents.] The following forms are to be used as a guide for preparers of instruments that shall be submitted to the Board for proposed acceptance of potable water, non -potable irrigation water and/or wastewater utility system(s) or portion(s) thereof. Adherence to the forms and instructions contained below will assure an expeditious review by the Collier County Attorney's Office, which in turn will speed the process of utility system(s) or portion(s) thereof acceptance by the Board. Deviation in substance or form from the specimen forms herein may result in substantial delay or disapproval of the utility system acceptance documents by the County Attorney's Office. Examples of previously approved forms are available from staff upon request. » _I114r1f a 11WWfi N A-11 Ilk d: 1 *4 =8Ii!Rt9:11101[61,11&14=1Y01N=I;j =12-lu7 �[�3�:1�1►6'��:i�l��il�►�j%� INSTRUCTION NO. 1. Each specimen form is prepared in a manner that indicates to the preparer the location and the type of information that needs to be inserted. This is indicated by [brackets which contain instructions]. Most bracketed information is self-explanatory. Where an in-depth instruction of the type of [19-EIS-04145/1504813/11 30 information to be inserted is appropriate, the bracketed information gives a brief explanation followed by a reference to an instruction. That instruction reference correlates to the following instructions. INSTRUCTION NO. 2. Name of grantor/mortgagee/developer/lessee/owner/surety/issuer/applicant (hereinafter collectively referred to for the purposes of this instruction as "grantor"). If grantor is an individual, insert the grantor's name followed by the grantor's marital status. If the grantor is married, the grantor's spouse must join in any conveyance instrument. As an alternative to having a grantor's spouse join in a conveyance instrument, if applicable, a paragraph can be added below the reference to Exhibit -'A-' which states: "The subject lands are not homestead lands." If the grantor is a corporate entity, show the correct name of the corporation and identify the state or other jurisdiction in which it is incorporated. If the grantor is a partnership entity, show correct name of the partnership, identify whether the partnership is a general or limited partnership, and identify the state or other jurisdiction under which the partnership was created and presently operates. If the grantor is a trust insert the trustees name, as trustee. If appropriate (Section 689.071, Florida Statutes), identify the trust and recite the authority of the trustee to convey. Your attention is directed to Chapter 689, Florida Statutes. INSTRUCTION NO. 3. Witness and signature block. All instruments, unless otherwise noted thereon, require two (2) witnesses. Example witness and signature blocks are as follows: Execution by an individual: Execution by an individual: S/ An individual First Witness —Signature First Witness —Print or Type Name Second Witness —Signature Witness —Print or Type Name Execution by a Corporation-: XYZ Corporation, Inc., a Florida Corporation By: (L.S.) Name, [President] or [Vice -President] [19-EIS-04145/1504813/11 31 Note: (L.S.) is effective as the Corporate Seal. First Witness —Signature First Witness —Print or Type Name Second Witness —Signature Second Witness —Print or Type Name INSTRUCTION: In lieu of using two individual witnesses, a corporation may execute these instruments by having the President's or the Vice -President's signature witnessed by the Corporation's Secretary (a Corporate Officer) and by affixing the Corporation's seal. Sections 692.01 and 692.02, Florida Statutes. A hand wFittenhandwritten or imprinted scrawl, scroll or seal, affixed as the corporate seal below the corporate officer's signature is an effective seal. Section 695.07, Florida Statutes. XYZ Corporation, Inc., a Florida Corporation By: Name, Title (Corporate Seal) [The corporate seal can either be by simply typing the words "Corporate seal" OR by printing or stamping the words "Corporate seal" on the page under the President's or a Vice -President's signature. Witness: By: John R. Smith, Corporate Secretary* * The Corporate Secretary is effectively the same as two individual witnesses. Execution by a partnership with an individual acting as its general partner: ABC Partnership [19-EIS-04145/1504813/11 32 By: [Name], as the General Partner Execution by a partnership with an entity acting as its general partner: ABC, a Florida Partnership By XYZ Corporation, Inc., a corporate General Partner acting on behalf of the Partnership By: s/ Name, President [or Vice -President] First Witness —Signature First Witness —Print or Type Name Second Witness Signature Witness —Print or Type Name Execution by Section 689.070, Florida Statutes, Trustee: S/ [Name], as Trustee First Witness —Signature [19-EIS-0414S/1SO4813/11 33 First Witness —Print or Type Name Second Witness —Signature Witness —Print or Type Name Execution by Section 689.071. Florida Statutes. Trustee: By: Name, as Trustee of the above referenced Trust First Witness —Signature First Witness —Print or Type Name Second Witness —Signature Second Witness —Print or Type Name INSTRUCTION NO. 4. ACKNOWLEDGMENT AND NOTARY BLOCK. The following forms of acknowledgment and notary block are sufficient. ENTITY: Notarial Acknowledgement Per Requirements of § 117.05, Florida Statutes STATE OF [statel COUNTY OF [county] [19-EIS-04145/1SO4813/11 34 The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of fvearl , by [name of personl as (type of authority, e.g. president or vice presidentl for [legal name of entityl who ❑ is personally known or ❑ has produced [type of identificationl as identification. [signature of Notary Publicl [the notary public's official seall [printed name of Notary Publicl INDIVIDUAL: Notarial Acknowledgement Per Requirements of § 117.05, Florida Statutes STATE OF [statel COUNTY OF [countyl The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of fvearl , by [name of personl , who ❑ is personally known or ❑ has produced [type of identificationl as identification. [signature of Notary Public] [the notary public's official seall [printed name of Notary Publicl State of County of T#2 #vr2gvmgi, rStru M2Fl c'rS a`vmiw:d edged b2fAFP.-PAP.-t }FS day •,y-�)f 20 , by Tie of *defa ed: (nffiX Rotor sea!) Notary [Typed Gfor PFORted Name (or stamp)] My Commission Expires: GG Rty of [19-EIS-04145/1504813/11 35 COUNTYFor execution bv a partnership whose qeneral partner is an en i - STATE OF . The foregoing document was acknowledged before rne by [narne of person signing], [corporate title, mus WITNESS my hand and official sea! this _ day of_, 20 • 0i i 14: f19-EIS-04145/1504813/11 37 My F=XP*Fes� INSTRUCTION NO. 5. Exhibits attached to all instruments shall describe the real property that encompasses the subject utility facilities, system(s) and/or easement(s). Language on the legal description Exhibit that alters or qualifies the instrument to which it is attached is unacceptable. If the informational text of an Exhibit is not extensive (i.e., a short legal description or there are no security interests) such text can simply be added in the body of the document in lieu of an Exhibit. INSTRUCTION NO. 6. For the purposes of simplicity and brevity, references in this Appendix and this Ordinance to the Collier County Water -Sewer District shall also be construed to refer to the Goodland Sub -District, where appropriate and, as the context requires. Prepares of legal documents are cautioned to determine to which District their documents should run before preparing and submitting documents. INSTRUCTION NO. 7. Notarization of an oath. The proper notarization of an oath (or affirmation) is as follows: "SUBSCRIBED AND SWORN to before me this day of , 20 " An acknowledgment is not acceptable for an affidavit (See Subsection 117.05(13), Florida Statutes). The Affiant must both swear to the document in the presence of the Notary and must sign the Affidavit in the presence of the Notary. INSTRUCTION NO. 8. This Appendix is provided as a guide for preparers and is not intended to be all- inclusive. All documents shall be reviewed on an individual basis. If the preparer is unsure of the required form or content of any document, he or she should seek professional advice and/or assistance prior to preparing and submitting such form or document for acceptance. Form 1 - Rev. 2004 (-Interim Facilities/System Agreement-) *[Identify type of facility by inserting Potable Water Facilities, and/or Wastewater Facilities, and/or other Utility Facility (as applicable) in the TITLE of this instrument] *INTERIM FACILITIES/SYSTEM AGREEMENT THIS AGREEMENT is made and entered into this day of , 20 , by and between [Name of developer - Refer to Instruction No. 2] (Hereinafter referred to as "Developer"), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS THE EX- OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT (hereinafter referred to as "County"). Developer is used as singular or plural, as the context requires. RECITALS: [19-EIS-04145/1504813/11 38 WHEREAS, for the purposes of this Agreement the term "Developer" shall include the Developer, the Developer's heirs, successors, and assigns, including, but not limited to, any wholly owned or controlled subsidiary entity; and WHEREAS, the Developer is the Owner of the [insert name of project shown on referenced construction plans] development, (hereinafter "Project") and has submitted construction plans for an interim [identify type of treatment facility by inserting potable water or wastewater] treatment facility (hereinafter "interim treatment facility") to the County for review and approval; and WHEREAS, the Developer acknowledges and agrees that the Developer desires to provide on -site interim utility systems to service the Project until such time as the utility systems within the Project may be connected to the off -site utility systems operated by the County or District and the County systems have adequate capacity to service the Project; and WHEREAS, Collier County land development regulations require, and Developer covenants and agrees, that the Developer shall connect any interim utility system serving that Project to the off -site utility system owned and operated by the County when the County's system has been extended to within two hundred (200) feet of the Project's boundary and the County has determined that the off -site utility system has adequate capacity to service the entire Project; and WHEREAS, the extension of the off -site utility system owned and operated by the County to within two hundred (200) feet of the boundary of the Project shall be not required of the County as performance under this Agreement; and WHEREAS, all parties to this Agreement acknowledge and agree that the decision as to whether or not any off -site utility system owned and operated by the County has the capacity to service the Project shall be made solely by the County; and WHEREAS, the Developer acknowledges its obligation to dedicate all facilities, including all appropriate collection, distribution and transmission systems or portion(s) thereof and appropriate easements to the County prior to interconnection of the facilities/system to County or District's system; and WHEREAS, the Developer, or other successor entity satisfactory to the County, will maintain and operate the interim facility and the associated on -site collection, distribution and transmission system(s) as set forth herein below; and WHEREAS, the developer has previously accepted the terms and conditions set forth in this Agreement as part of the County's review and approval of the Developer's land use petitions. WITNESSETH: NOW, THEREFORE, in consideration of the covenants hereinafter contained the parties agree as follows: 1. RECITALS INCORPORATED. The above Recitals are true and correct and shall be incorporated herein. 2. INTERIM FACILITY. The appropriate on -site treatment facilities, and collection, distribution and transmission systems are to be constructed as a part of the proposed Project and shall be an interim system; all utility systems or portion(s) thereof shall be constructed in compliance with all applicable State, Federal and local standards, the Collier County Land Development Code (LDC), this Ordinance, as well as the Utilities Standards Manual, and are to be owned, operated and maintained by the Developer, or other successor entity satisfactory to the County, until such time as the County's off -site utility systems are available to service the project. The interim system shall supply services to this Project only or, subject to the County's approval, other adjacent or near -by lands owned by the Developer. The interim system may not provide service outside the Project without the expressed written consent of the Collier County Water -Sewer District and only to the extent of such written consent. [19-EIS-04145/1504813/11 39 3. DEVELOPER TO DISMANTLE INTERIM TREATMENT FACILITY. Upon connection to the County's off -site utility systems the Developer shall abandon, dismantle and remove from the site the interim treatment facility. All costs related to this activity shall be borne solely by the developer and performed in accordance with FDEP standards. 4. CONNECTION TO COUNTY'S OFF -SITE SYSTEM SHALL BE ACCOMPLISHED AT NO COST TO COUNTY. The Developer shall, at no cost to the COUNTY, make connection to the County's off -site utility system(s) within ninety (90) days of notification that such systems have become available. Costs of connection shall include, whenever the County requires, but not be limited to, engineering design, preparation of construction documents, permitting, modification or retrofitting of existing pumping facilities, construction of new pumping facilities, interconnection with County off -site utility systems, any transmission, distribution or collection lines necessary to make the connection and any required environmental audits, including the expense of bringing the subject system(s) or portion(s) thereof into compliance as well as any and all costs for clean-up, removal or remediation. CONVEYANCE OF INTERIM TREATMENT FACILITIES NECESSARY FOR CONNECTION TO AND OPERATION OF COUNTY'S OFF -SITE UTILITY SYSTEM(S). At which time as the County's off -site system(s) becomes available for connection of the Project, all utility facilities required by the County in order to make such connection shall be conveyed to the County in accordance with County Ordinances, rules and regulations then in effect, together with all utility easements required by the County. All construction plans and technical specifications related to the connection to the County's off -site utility systems shall be submitted to the County for review and approval prior to commencement of construction. The COUNTY, at its option, may require conveyance of facilities internal to the project. CUSTOMER TURNOVER. All customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County at such time as the County's off -site potable water, non -potable irrigation water, and/or wastewater systems become available to serve the Project and such connection is made. Prior to connection of the interim utility system serving the Project to the County's off -site utility systems, the Developer shall submit to the County a complete listing of customers served by the interim utility system, and shall not compete in any way with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the Project, and cooperate fully in the expeditious transfer of any billing procedures. SYSTEM DEVELOPMENT CHARGES SHALL BE PAID PRIOR TO PERMIT ISSUANCE. The Developer shall be responsible for payment of all applicable system development charges in accordance with Ordinance 2001-13, Section 74-303 D: Payment, as then amended or superseded. This requirement shall be made known to all prospective buyers of properties for which building permits will be required, and supplied in writing upon closing of such properties. BINDING EFFECT. This Agreement shall be binding upon the parties, their successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. [Developer's witness and signature block - see Instruction No. 3] ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING Name of Clerk BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER By Deputy Clerk COUNTY WATER -SEWER DISTRICT BY: Chairman [19-EIS-04145/1504813/11 40 Approved as to form and legal sufficiency By: Assistant County Attorney [Developer's acknowledgment and notary block see Instruction No. 4] Form 2 - Rev. 2004 (-Utilities Performance Bond-) UTILITIES PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: that [Insert name of Owner - See Instruction No. 2] [Insert current business address of Owner] (hereinafter referred to as "Owner", and [Insert name of Surety - See Instruction No. 2] [Insert current business address of Surety] (hereinafter referred to as "Surety"), are held and firmly bound unto Collier County, Florida, (hereinafter called "County"), in the total aggregate penal sum of [insert written dollar amount] Dollars ($[insert numeric dollar amount]) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner entered into a certain Utilities System Construction Contract, dated the day of , 20_, a copy of which is hereto attached and made a part hereof; and WHEREAS the County has a material interest in the performance of said Contract; and WHEREAS the County has adopted Ordinances and Resolutions (hereinafter "Land Development Regulations") concerning the Owner's obligations to the County regarding the construction, conveyance and warranty of potable water, non -potable irrigation water and/or wastewater system(s) or portion(s) thereof constructed within the unincorporated area of Collier County; NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties to the County under said Land Development Regulations and all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the guaranty period established by the County, and thereafter, and if the Owner shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the County from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the County all outlay and expense which the County may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to work to be performed thereunder, or the specifications accompanying same shall in any way affect its obligation on this Bond, and does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. 119-EIS-04145/1504813/11 41 PROVIDED, FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Contract not increasing the contract price more than twenty percent (20%), so as to bind the Owner and the Surety to the full and faithful performance of the contract as so amended. The term "Amendment", wherever used in this bond, and whether referring to this bond, the Contract or other documents shall include any alteration, addition or modification of any character whatsoever. IN WITNESS WHEREOF, the parties hereto have caused this Instrument to be executed this day of , 20_ [Owner's witness and signature block - see Instruction No. 3] NOTE: Collier County shall not accept any Letters of Credit that cannot be presented in Florida. [Surety's witness and signature block - see Instruction No. 3] [Notary and acknowledgment blocks for both Owner and Surety required - See Instruction No. 4] Prepared by: [name of person preparing this instrument] [Address of person preparing this instrument] Form 3 - Rev. 2004 - (-Letter of Credit-) IRREVOCABLE STANDBY LETTER OF CREDIT NO. [Insert issuer's identifying number] ISSUER: [insert full name and street address of Issuer] (hereinafter "Issuer"). PLACE AND DATE OF ISSUE: [insert address where credit is issued and date of issue]. PLACE OF EXPIRY: At Issuer's counters located at . [Must be in Florida] DATE OF EXPIRY: This Credit shall be valid until [insert date of second anniversary of date of issue], and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing to staff (at Engineering Review Services, 2800 N. Horseshoe Dr., Naples FL 34104) by registered mail that the Issuer elects not to so renew this Credit. APPLICANT: [insert full name of person or entity - see Instruction No. 2] (hereinafter "Applicant") [insert Applicant's current business address]. BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary") Collier County Courthouse Go 3299 Tamiami Trail East, Naples, Florida, 34112. AMOUNT: $ [insert dollar amount] (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND PRESENTED AT PLACE OF EXPIRY ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: [insert name of Applicant] has failed to construct and/or maintain the [identify type of improvements by potable water, non -potable irrigation water, or wastewater or potable water and wastewater and/or non -potable irrigation water] additions, extensions and/or improvements as shown on the plans for [insert exact name or title of project shown on construction plans], or prior to the date of expiry the applicant failed to complete the required final acceptance procedures as required by the Collier County Utilities Standards and Procedures Ordinance, and the Applicant failed to provide the County with satisfactory alternative performance security as required by that Ordinance." 119-EIS-04145/1504813/11 42 DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT SHALL BE MARKED: "Drawn under [insert name of Issuer], Credit No. [insert Issuer's number identifying this letter of credit], dated [insert original date of issue]". The original letter of credit and all amendments, if any, must be presented for proper endorsement. This Letter of Credit sets forth in full the terms of the Issuer's undertaking, and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referenced to herein or in which this letter of credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this credit will be duly honored by Issuer if presented within the validity of this credit. This credit is subject to the Uniform Customs and Practice for Documentary Credits [1993 (or later generally applicable) Revision] International Chamber of Commerce Publication No. 500 [or later Publication No.]. [Name of Issuer] By —By'. [Insert title of corporate officer - must be signed President, Vice President, or Chief Executive Officer] [NOTE: Collier County shall not accept any Letters of Credit that cannot be presented at Place of Expiry in Florida.] Form 4 - Rev. 2004 (Utilities Facilities and/or Utilities Easement(s) Subordination) [Leave 3" space blank space in upper right --hand corner for recording purposes] UTILITY FACILITIES AND/OR UTILITIES EASEMENT(S) SUBORDINATION THIS SUBORDINATION is dated this day of 20_ by [Insert the complete and correct name of the Secured Party - see Instruction No. 2] (Hereinafter referred to as the "Secured Party"), in favor of the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "County"). Secured Party as used herein includes singular or plural, as the context allows. WHEREAS, the purpose of this Subordination is to subordinate the Secured Party's Security Interests that encumber good, marketable title to the Encumbered Utility Facilities and/or the related Utility Easement(s) being conveyed to Collier County, which Utility Facilities are located over, on and/or under the underlying real property that is encumbered by security interests in favor of the Secured Party as specified in the below -listed security instruments); and WHEREAS, the Secured Party is the owner and holder of a [Mortgage or Assignment of Rents and Profits, UCC-1*, etc.], recorded in Official Records Book , Page , et seq., Public Records of Collier County, Florida, [ and if applicable ], as amended by a , recorded at O.R. Book, Page et seq., Public Records of Collier County, Florida.; and [NOTE: *UCC-1s are usually subordinated by UCC-3s. If a UCC-1 or UCC-3 is recorded outside of Collier County, insert the Book, Page and place (usually Tallahassee) of the recordation of each such UCC-1 or UCC-3]. [19-EIS-04145/1504813/11 43 WHEREAS, the Secured Party is also the owner and holder of a , recorded at O.R. Book, Page et seq., Public Records of Collier County, Florida, as amended by a recorded at O.R. Book, Page et. seq., Public Records of Collier County, Florida; and WHEREAS, each above -referenced Security Instrument grants to this Secured Party a security interest that encumbers good and marketable title to the Encumbered Utility Facilities being conveyed to Collier County, and/or encumbers the related Utility Easement(s), if any, also being conveyed to Collier County, which Utility Facilities have been constructed within such easement(s) and are under, on and/or over the underlying real property; and WHEREAS, prerequisite to the conveyance of the Utility Facilities and/or related Utility Easements, if any, being conveyed to the County, Collier County requires that this Secured Party must subordinate only its Security Interests in (i) the Encumbered Utility Facilities being conveyed to the County and (ii) each related Utility Easement(s), if any, being conveyed to the County; and the Secured Party is hereby complying with said request for these subordination(s). NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by the Secured Party, the Secured Party hereby subordinates its security interests in the Encumbered Utility Facilities being conveyed to Collier County, and/or to each Utility Easement(s), if any, being conveyed to the County, which encumbered Utility Facilities are located over, on and/under the described underlying real property. Except as expressly subordinated herein, the Secured interests of the Secured Party remain in full force and effect. IN WITNESS WHEREOF, the Secured Party has caused this Subordination to be executed the date and year first above written. [Insert correct witness and signature block - see Instruction No. 3] [Acknowledgment and notary block - see Instruction No. 4] Prepared by: [Insert name and street address of the individual who prepared this Subordination] [NOTE: Upon request, County staff will provide examples of properly executed Subordinations]. Form 5 - Rev. 2004 - (Attorney's Affidavit) ATTORNEY'S AFFIDAVIT STATE OF [Name of Statel COUNTY OF [Name of Countyl BEFORE ME, the undersigned authority, on this day of , 20 , personally appeared who is to me well known, and having been sworn upon oath, deposes and states: 1. My name is , I am over the age of twenty-one (21) years, am otherwise sui juris, and have personal knowledge of the facts asserted herein. 2. 1 am a licensed attorney, Florida Bar # , authorized to practice law in Florida and am currently practicing law in the State of Florida. My business address is . My business telephone number is . My business mailing address is 3. This Affidavit is given as an inducement to the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as the Ex-Officio Governing Board of the Collier County Water -Sewer District ("County") to accept the dedication or conveyance of [identify type of utility facility by inserting potable water, non -potable irrigation water, or wastewater, or potable water and wastewater, and/or non -potable irrigation water] utility system(s) or portion(s) thereof located within or upon the real property described in the attached Exhibit -'A", which is incorporated herein by reference, said land being located in Collier County, Florida. 119-EIS-04145/1504813/11 44 4. The Affiant has examined record title information to both the underlying real property described in Exhibit A and the utility facilities being conveyed to the County referenced in this affidavit through (insert date) ("Effective Date"), including but not limited to, information requested from the Florida Secretary of State relative to any Uniform Commercial Code financing statements. 5. As of the Effective Date, Tthe record owner of the underlying real property described hereiR in Exhibit A is [give full legal name of owner as it appears in title information],1;,by instrument recorded at Official Records Book , at Page [insert official record book and first page of instrument where owner acquired titlel, Public Records, Collier County, Florida. 6. Affiant has examined corporate information obtained from the jurisdiction under which [insert name of entitvl was created and presently operates, and [insert name of entitvl is current and active within the state of and is currently authorized to do business in the State of Florida. [Insert name of person signing Owner's affidavitl, [insert positionl, is authorized to execute instruments on behalf of [insert name of entitvl, in conjunction with the conveyance of the subject real and personal property. [INSTRUCTION: If the record owner is an entity, the Affiant must indicate that he has examined corporate or partnership information obtained from the jurisdiction under which the entity was created and presently operates, that the entity is current and active within said State or jurisdiction, that the entity is currently authorized to do business in the State of Florida, and identify the exact name and title of the persons authorized to execute the instruments on behalf of that entity in conjunction with the conveyance of the subject real and personal property. Pursuant to Section 689.071, Florida Statutes, IF the record owner is a trustee, the Affiant shall state that the Trustee has full power and authority to execute instruments of conveyance on behalf of the Trust and, if applicable, incorporate by reference and attach supporting documentation.] [If the record owner is an individual, the Affiant must state the marital status represented to the Affiant by the individual and, if married, state whether the real property is or is not homestead property. If the utility facilities being conveyed are located wholly within public right-of-way, the Affidavit should state that fact.] 67. As of the Effective Date, Ttitle to the subject utility system(s) or portion(s) thereof and/or easement(s), if any, being conveyed to the County is not encumbered by any recorded mortgage, assignment of rents and profits, UCC Financing Statements, or any other security interest that could negatively affect conveyance of marketable title to the utility system(s) or portion(s) thereof and/or any easement being conveyed to the County. e# reserd OR As of the Effective Date, Ttitle to the utility system(s) or portion(s) thereof and/or easement(s) being conveyed to the County is encumbered by the following instruments of record: [describe recorded instrument that imposes security interest against title to the facilities] to [list name of the mortgagee(s)] , dated and recorded at O.R. Book , Page et seq., Public Records of Collier County. UCC-1, recorded at O.R. Book , Page _, Public Records of Collier County. [INSTRUCTION: The Affiant must list each mortgage, assignment of rents and profits, UCC-1(s) or other security instrument that impress a security interest that could negatively affect conveyance of good title to the utility system(s) or portion(s) thereof and/or easement(s), if any, being conveyed to the County. If marketable title to the utility system(s) or portion(s) thereof and/or any easement(s) being conveyed is encumbered by any such recorded instrument, the Affiant shall describe the respective security [19-EIS-04145/1504813/11 45 instrument, including the book and first page where the security instrument has been recorded. It is not necessary to attach a copy of any such document to the Affidavit. This Affidavit must list each security interest that is listed in the Owner's Affidavit, and each such security interest must be subordinated. Do not list a Notice of Commencement or Reservation of Mineral Rights, etc., because such instruments do not negatively affect marketable title to the utility system(s) or portion(s) thereof and/or easement(s) being conveyed to the County. If all of the utility facilities being conveyed to the County are located in public right-of-way, do not list mortgages, etc., if they do not encumber after acquired property that is located in public right-of-way. Claims asserted under Chapter 713, Florida Statutes, must be "transferred to security" pursuant to Section 713.24, Florida Statutes, or other adequate security acceptable to the County Attorney must be provided to the County before the County will grant pr final acceptance of title to such facilities. 78. Affiant further states that the information contained in this Affidavit is true, correct and current as of the Effective Date.d-+p- this AffWoVdf [INSTRUCTION: Unless the time period is extended by staff for good cause in the specific instance, per Ordinance, the date of this Affidavit should not be dated earlier than sixty (60) days prior to the submittal of legal documents pertaining to Utility Conveyance to Collier County, Engineering Services to consider ^r y-final acceptance of the subject utility system(s) or portion(s) thereof documents.] FURTHER AFFIANT SYSTEMrSAYETH NAUGHT. DATED this day of , 20 Attorney/Affiant Signature Attorney/Affiant Name SUBSCRIBED AND SWORN to before me this Attorney/Affiant), who is personally known to me as Type of Identification Produced Notary Public My Commission Expires: Printed, Typed or Stamped Name of Notary Prepared by: [name of person preparing this Affidavit] [Address of person preparing this Affidavit] Form 6 - Rev. 2004 (Owners Affidavit) STATE OF [name of Statel COUNTY OF [name of Countyl day of , 20 , by (Insert name of OR who produced identification OWNER'S AFFIDAVIT BEFORE ME, the undersigned authority, personally appeared , who to me is well known, and having been duly sworn and under oath, deposes and states: My name is , I am over the age of twenty-one (21) years, am sui juris, and have personal knowledge of the facts asserted herein. [19-EIS-04145/1504813/11 46 I am the of the owner ("Owner")owne of said real property located at and described ein Exhibit A, which shows the location of the subject utility facilities being conveyed. All persons, firms, and corporations, including the general contractor, all laborers, subcontractors and sub -subcontractors, materialmen and suppliers who have furnished services, labor or materials according to plans and specifications, or extra items, used in the construction, installation and/or repair of [identify type of utility facility by inserting potable water, non -potable irrigation water, or wastewater, or potable water and wastewater and/or non -potable irrigation water] utility system(s) or portion(s) thereof located on the property described in Exhibit A, have been paid in full and that such work has been fully completed and unconditionally accepted by the current owner of such facilities. 4. No claims have been made to the owner, nor is any suit now pending on behalf of any contractor, subcontractor, sub -subcontractor, supplier, laborer or material -men, and no chattel mortgages or conditional bills of sale have been given or are now outstanding as to the subject utility system(s) or portion(s) thereof placed upon or installed in or on the aforesaid premises. 5. Title to the subject utility system(s) or portion(s) thereof and/or easement(s), if any, being conveyed to the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as the Ex-Officio Governing Board of the Collier County Water -Sewer District ("County")Gau-r*is not encumbered by any recorded mortgage, recorded assignment of rents or profits, by any recorded Uniform Commercial Code Financing Statement, or by any other recorded document that imposes a security interest that could negatively affect conveyance of marketable title to the utility system(s) or portion(s) thereof and/or any easement being conveyed to the County. OR Title to the utility system(s) or portion(s) thereof and/or easement(s) being conveyed to the County is subject to the following security interest(s) by the following recorded instrument(s): Mortgage (or Assignment of Rents and Profits) [describe only recorded instruments that impress a security interest against title to the system(s) or portion(s) thereof and/or any easement being conveyed to the County] to [list name of the mortgagee(s)] , dated and recorded at O.R. Book Page et seq., Public Records of Collier County. 2. UCC-1 Financing Statement, recorded at O.R. Book , Page , Public Records of Collier County. 3. UCC-1 recorded with Florida Secretary of State at Tallahassee (Leon County), Florida at O.R. Book , Page [INSTRUCTION: The Affiant must list each mortgage, and/or each assignment of rents and profits, and each UCC-1, and/or each other recorded document that is a security interest that could negatively affect conveyance of good and marketable title to any of the utility system(s) or portion(s) thereof (and/or easement(s), if any) being conveyed to the County. If good, marketable title to the utility system(s) or portion(s) thereof and/or any easement(s) being conveyed is encumbered by any such recorded instrument, the Affiant must briefly describe each such recorded security instrument, including the book and first page where that security instrument has been recorded. It is not necessary to attach a copy of any such recorded document to the Affidavit. Do not list any Notice of Commencement or any Reservation of Mineral Rights, etc., because such documents do not impress any security interest against good, marketable title to the utility system(s) or portion(s) thereof and/or easement(s), if any, being conveyed to the County.] As and on behalf of the owner of the subject utility system(s) or portion(s) thereof, does for valuable consideration hereby agree and guarantee, to hold the Board of County Commissioners of Collier County, Florida, as the governing body of Collier County and as the Ex-Officio [19-EIS-04145/1504813/11 47 Governing Board of the Collier County Water -Sewer District harmless against any lien, claim or suit by any general contractor, subcontractor, sub -subcontractor, supplier, mechanic, material - man, or laborer, and against chattel mortgages, security interests or repair of the subject utility system(s) or portion(s) thereof by or on behalf of Owner. Affiant is used as singular or plural, as the context requires. The utility system(s) or portion(s) thereof referred to herein are located within the real property described in the attached Exhibit -'A-'. FURTHER AFFIANT SAYETH NAUGHT. DATED this day of , 20 Owner's/Affiant Signature Printed Name of Affiant SUBSCRIBED AND SWORN to before me this day of , 20_, by (Insert name of Owner/Affiant (individual taking the oath), who is Personally known to me as OR produced identification . Type of Identification Produced Notary Public My Commission Expires: Printed, Typed or Stamped Name of Notary Prepared by: [name of person preparing this instrument] [Address of person preparing this instrument] Form 7 - Rev. 2004 (-Utility Easement-) [NOTE: Leave 3" blank space in upper right --hand corner for recording purposes]. DEED OF UTILITY EASEMENT THE UTILITY EASEMENT(S) (CUEs), are granted and conveyed this day of , 20_ by [Name of Grantor - See Instruction No. 2] as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, GRANTEE. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by Grantee, receipt of which by is hereby acknowledged by Grantor, hereby conveys, grants, bargains and sells unto Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, right and privilege to enter upon and to install, relocate, repair and/or otherwise maintain utility system(s) and utility facilities, and/or portion(s) thereof, in, on, over and under the following described lands located in Collier County, Florida, to wit: See attached Exhibit '-'A,-' which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee, its successors and/or assigns, together with the right and privilege to enter upon said land to excavate, relocate and/or take and/or introduce materials for the purpose of constructing, operating, relocating, repairing and/or otherwise maintaining the subject utility facilities and/or system(s) or portion(s) thereof, in, on, over and/or under the easement area. Grantor and Grantee are used for singular or plural, as the context allows. [19-EIS-04145/1504813/11 48 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. [Witnesses and signature block - see Instruction No. 31 [Acknowledgment and notary block - see Instruction No. 41 Prepared by: [name of person preparing this instrument] [Address of person preparing this instrument] Form 8 - Rev. 2004 (-Utility Facilities Warranty Deed and Bill of Sale-) [Leave 3" blank space in upper right --hand corner for recording purposes]. UTILITY FACILITIES WARRANTY DEED AND BILL OF SALE THIS INDENTURE made this day of , 20_, between [Name of Grantor - see Instruction No. 2] (hereinafter referred to as "Grantor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS THE EX-OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Grantee"). WITNESSETH: That said Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs, successors and assigns forever, all [identify all types of utility facilities being conveyed by inserting "potable water" and/or "wastewater" and/or "non -potable water irrigation" and/or "potable irrigation water] utility facilities and/or system(s) or portion(s) thereof lying in, on, over and under the following described land, for operation, relocation, installation, repair and/or maintenance of said facilities, system(s) or portion(s) thereof, all situate and lying and being in Collier County, Florida, to wit: (See Exhibit -'A-' attached hereto and incorporated by reference herein.) (Exhibit " B" attached hereto is a sketch or other graphic representation that depicts the physical location of the utility systems being conveyed.) and said Grantor does hereby fully warrant the title to said utility facilities and/or system(s) or portion(s) thereof, be they realty, personalty, or mixed, and Grantor will defend such title against all claims of all persons whomsoever. For the purposes of this conveyance, the utility facilities, system(s) and/or portion(s) thereof conveyed herein shall not be deemed to convey any of the lands described in Exhibit A or Exhibit Be*theF Grantor and Grantee are used for singular or plural, as context allows. A sketch or other graphic representation showing the location of the utility facilities, etc., being conveyed is attached as Exhibit B. The certification of contributory assets itemizing the utility facilities being conveyed is attached hereto as Exhibit C. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, relocate and/or take or introduce materials for the purpose of constructing, relocating, operating, repairing and/or otherwise maintaining utility systems thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the date and year first above written. [Witness and signature block - see Instruction No. 3] [Acknowledgment and notary block - see Instruction No. 4] Prepared by: [name of person preparing this instrument] [19-EIS-04145/1504813/11 49 [Address of person preparing this instrument] [19-EIS-0414S/1SO4813/11 50 f19-EIS-04145/1504813/11 51 design shall consider the potential for damage or interruption of operation due to flooding. Pump station structures and electrical and mechanical equipment shall be designed to be protected from physical damage by the 100-year flood event. Pump stations shall be designed to remain fully operational and accessible during the 25-year flood event. Pump stations shall be designed to avoid operational problems from the accumulation of grit. Pump stations shall be designed to be readily accessible by maintenance vehicles, including pumper trucks, during all weather conditions. Pump stations shall be designed and located on the site to minimize adverse effects from odors, noise, and lighting. Pump stations shall be located on the site to have a minimum separation of 20 feet from the edge of the CUE for the pump station to edge of a body of water and 15 feet from the edge of the CUE for the pump station to a residential structure (including appurtenances). The effective volume of wet wells shall be based on design average flows and a filling time not to exceed 30 minutes unless the facility is designed to provide flow equalization. The pump manufacturer's duty cycle recommendations shall be utilized in selecting the minimum cycling time. Pump stations requiring a pump motor of twenty horsepower or greater shall operate by a VFD (variable frequency drive) that varies the operating speed of the pump based on wet well water levels. Pump stations shall have a compacted earth berm on three sides with 3:1 slopes to divert liquid toward the ROW. Top of berm shall be 12 inches wide and six inches higher than back of curb (with curb) or edge of pavement (without curb). Minimum berm height shall be six inches. When a pump station has a peak design flow coming into the station greater than 500 gpm, contact Public Utilities Engineering and Project Management Department for specifications. A pump station that *O GORneGted connects directly to t1ie-a County tFaRsmissiOR force main from a subdivision or site development, where multiple pump stations are or will be connected to said force main --(Community Pump Station), and any pump station that receives flow from one or more upstream pump stations or discharges through a force main 12 inches or larger (see FAC 62- 604.400 (2)(a)1) shall have uninterrupted pumping capability (standby diesel pump or generator) with three days of fuel storage (compliant with Technical Specification 263213) and a concrete pad for a future odor control system. Except for grinder pump stations, which require Deviation approval, no new private pump stations are allowed. Grinder pump stations are required to have a standard generator receptacle. All other pump stations shall conform to these standards and shall be conveyed to the Collier County Water -Sewer District in accordance with the utilities conveyance policies and procedures outlined in the Collier County Utilities Standards and Procedures Ordinance (Ord. No. 2004-31 as amended). All pump stations shall have water available to them. Available water means a water main is accessible in the adjacent ROW or CUE. Landscaping is not required, per these standards, to be installed around wastewater pump stations. If landscaping is provided, it shall be maintained by the developer, homeowners association, or land owner and shall NOT be located in the CUE. Landscaping, if provided, shall be located as to not block access or interfere with operations. If plant material dies, it is the responsibility of the landscaping owner to replace it. The landscaping shall be maintained to not block telemetry antenna line of site. COLLIER COUNTY DESIGN CRITERIA Page 16 of 19 SECTION 330130.16 TELEVISING AND INSPECTION OF GRAVITY SEWER SYSTEMS PART1 GENERAL 1.1 DESCRIPTION OF WORK A. Work specified herein: 1. Furnish all labor, tools, test equipment and materials, including any and all permits required to televise, inspect, videotape, still photograph and document the gravity wastewater collection systems. 1.2 QUALITY ASSURANCE A. Utilize services of competent personnel in the field of TV/video inspection of wastewater collection systems. B. Schedule all work with ENGINEER. C. Equipment used shall be in good working order and provide continuous operation during video tape -inspection. D. VHS videetapes „r D' Video recording media shall be of good visual quality capable of slow motion and pausing without significant reduction of visual quality. 1.3 SUBMITTALS A. Submit to the County Manager or designee a list of equipment and materials to be used on the project, including all permits obtained prior to commencing with the Work. B. Engineer of Record shall certify and Ssubmit to the County Manager or designee a copy of all television inspection log sheets and %iuc .,,,-o„t-ape . or DV video recording media completed. PART 2 MATERIALS 2.1 GENERAL A. Equipment used shall be designed for use in gravity wastewater collection systems. CONTRACTOR has the option of a County approved equal device or other material than that which is specified. Submittals are required prior to commencement of work. Section 330130.16 COLLIER COUNTY TELEVISING AND INSPECTION OF TECHNICAL SPECIFICATIONS GRAVITY SEWER SYSTEMS Page 1 of 6 2.2 TELEVISION CAMERA A. Camera used shall be '�6"�gree360-degree COLOR RVC camera. Camera shall be operative in 100% relative humidity and be specifically designed for the environment. Camera shall have an integral lighting system capable of producing clearly focused, well-defined images of the entire periphery of the pipe. Camera shall have an integral depth measurement device capable of clearly showing the depth of vertical dips. The quality of video picture and definition provided shall be to the satisfaction of the ENGINEER and, if unsatisfactory, equipment shall be removed and replaced with satisfactory equipment. 2.3 MONITOR A. A-14High resolution c^r^^"'video shall be used. Quality of rnen+ter video shall be to the satisfaction of the County Manager or designee. 2.4 VIDEO TAPE VERIFICATION EQUIPMENT A. Furnish videotape equipment to provide a visual and audio recording of all areas in the pipe. Videotape system at the site shall be capable of rewind, play back, slow motion and stop motion. The videotape shall be ;i2 iReb ee',� VHS,equipped with an audio channel for clearly recording the camera locations and operator observations (cracks, leaks, service connections, etc.). The system shall continuously indicate distance, in feet, from manhole to manhole and the manhole -to -manhole run numbers on the video recording. 2.5 WINCHES A. Furnish variable speed powered remote controlled winches for upstream and downstream manhole locations to control two-way movement of the camera. If a self-propelled camera is used, winches are not necessary. 2.6 POWER SUPPLY A. Power supply shall be continuous. If night operations occur, supply all labor, power and lighting equipment for operations, traffic safety, permits, etc. PART 3 EXECUTION 3.1 GENERAL A. All sanitary sewer gravity lines shall be tetev+ewed televised at the CONTRACTOR's expense_; ae A videotape of the subject mains shall be provided prior to pr 'im final acceptance and at —the I year niorron4i i,SpeE •or GE) Rty U+ii Televiewing may only occur after the stabilized subgrade has been installed and satisfactory density tests have been submitted to Collier County Utilities. The sewer video inspection shall include rotating the camera lens to inspect the interior of each sewer lateral. Section 330130.16 COLLIER COUNTY TELEVISING AND INSPECTION OF TECHNICAL SPECIFICATIONS GRAVITY SEWER SYSTEMS Page 2 of 6 B. Demonstrate the ability of the TV/video equipment (camera/light/video4ape/audio/ photograph system) to the satisfaction of the County Manager or designee. Distance meter shall be furnished on the video tape-recording. Meter shall be checked using distances between manholes. Meter distances and actual distances shall be consistent. Depth measurement device shall be visible in the video recording during movement of the camera in the pipe. 3.2 TELEVISING/INSPECTION A. Inspection shall be done one manhole section at a time. Stop flow into the section being inspected prior to video inspection, unless otherwise approved in writing by the County Manager or designee. B. Locate video vehicle on upstream side of manhole. Video tape -in the downstream direction such that camera movement is with the flow. C. Insert the camera in the upstream manhole after flow restrictions required have been accomplished. Flow into the system being inspected shall be stopped, with the exception of service laterals into the system being inspected. Move camera through the espipelines at a moderate speed not exceeding 30 feet per minute. Stop camera at locations where one or more of the following conditions is observed: Infiltration/inflow sources. 2. Service Laterals. 3. Structural defects including broken pipe; collapsed or collapsing pipe, cracks, deterioration, punctures, etc. 4. Abnormal joint conditions such as misalignments, open joints and joints not sealed. 5. Unusual conditions such as root intrusion, protruding pipes, in -line pipe size changes, mineral deposits, grease and obstructions. D. Stop camera long enough for a thorough visual inspection of the conditions. All such conditions as specified above shall be audio recorded on videotape and the inspection log sheet. Move the camera and rotate to obtain optimum view of the conditions. If requested by the County Manager or designee, view problem areas in the opposite direction by pulling the T-V--video camera from the opposite direction at no additional cost to the COUNTY. E. While the camera is stopped at each service connection, rotate the camera so as to be able to view the service connection for a length of time that enables a good visual inspection of the service connection for damage and infiltration. Be Section 330130.16 COLLIER COUNTY TELEVISING AND INSPECTION OF TECHNICAL SPECIFICATIONS GRAVITY SEWER SYSTEMS Page 3 of 6 responsible for measurements such as service lateral locations, if used for subsequent rehabilitation work. F. When, during the inspection operation, the television camera will not pass through the entire manhole -to -manhole section, set up equipment so that the inspection can be performed from the opposite manhole at no additional cost to the COUNTY. G. Prior to the end of one year warrant„ periedfinal acceptance, all manholes " shall be televised and inspected. The complete interior of each manhole shall be inspected and video recorded after the interior coating has been completed. Manhole identification numbers shall be displayed on the video recording, and the recording shall accompany the submittal of the gravity lines inspection. Any deficiencies shall be corrected prior to acceptance by the County. 3.3 DOCUMENTATION A. Furnish a detailed report and videotapes of the system inspected. The minimum information supplied shall be the following: 1. Name and address of CONTRACTOR and the ENGINEER. 2. Name of OWNER, system(s) inspected, and OWNER's representative involved. 3. Log reports: a. Log sheet for each section of pipe b. Separate line for each deficiency and location C. Corresponding videotapes and location of each section of pipe and deficiencies on tapevideo. 1 4. Video des shall be labeled with the following information: a. System that is video taped —recorded (street name and manhole to manhole numbers) and log report number corresponding to video4ape b. Date video was tapedrecorded C. CONTRACTOR's name and representative d. OWNER's name B. All tapes —videos shall be rendered unable to be taped over after they are completed. Section 330130.16 COLLIER COUNTY TELEVISING AND INSPECTION OF TECHNICAL SPECIFICATIONS GRAVITY SEWER SYSTEMS Page 4 of 6 3.4 MAINTENANCE OF TRAFFIC A. Be responsible for all maintenance of traffic around work site. CONTRACTOR shall maintain traffic in accordance to all federal, state and local regulations. At no additional cost to the COUNTY, submit a Maintenance of Traffic Plan, for review and approval by Collier County DOT as necessary, prior to commencing work. Obtain all necessary permits prior to commencing work, at no additional cost to the COUNTY. B. MOT shall also include construction and maintenance of any necessary detour facilities, furnishings, installing and maintaining of traffic control and safety devices during construction, control of dust, and any other special requirements for safe and expeditious movement of traffic around or through the work site. C. Be responsible for coordination with all affected agencies when roadways will be closed or traffic will be detoured. No detours or roadway closings shall be permitted unless specifically approved in writing by the County Manager or designee or ENGINEER. END OF SECTION Section 330130.16 COLLIER COUNTY TELEVISING AND INSPECTION OF TECHNICAL SPECIFICATIONS GRAVITY SEWER SYSTEMS Page 5 of 6 NO TEXT FOR THIS PAGE COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 330130.16 TELEVISING AND INSPECTION OF GRAVITY SEWER SYSTEMS Page 6 of 6 SECTION 330502 HIGH DENSITY POLYETHYLENE (HDPE) PIPE AND FITTINGS PART1 GENERAL 1.1 SCOPE OF WORK A. Furnish all labor, materials, equipment, and incidentals required to install High Density Polyethylene (HDPE) pressure pipe, fittings, and appurtenances as shown on the Drawings and specified in the Contract Documents. B. High Density Polyethylene (HDPE) — Collier County Utilities has the option of approving the use of HDPE for pipeline crossings of roadways, ditches, canals, and environmentally sensitive lands. HDPE mains shall have the same equivalent internal diameter and equivalent pressure class rating as the corresponding PVC pipe, unless otherwise approved by the County Manager or designee. For all roadway crossings requiring casing pipe, a steel or DR 11 HDPE casing pipe must be provided. The Department of Transportation having jurisdiction of said road and right-of-way must grant specific approval. 1.2 REFERENCED STANDARDS A. All standard specifications, i.e., Federal, ANSI, ASTM, etc., made a portion of these Specifications by reference, shall be the latest edition and revision thereof. 1.3 QUALIFICATIONS A. Furnish all HDPE pipe, fittings, and appurtenances by a single manufacturer who is fully experienced, reputable and qualified in the manufacture of the items to be furnished. B. Installer Certification is required for the CONTRACTOR installing thermally butt - fused HDPE pipe. 1.4 SUBMITTALS A. Submit to the ENGINEER, a list of materials to be furnished, the names of the suppliers, and the appropriate shop drawings for all HDPE pipe and fittings. B. Submit the pipe manufacturer's certification of compliance with the applicable sections of the Specifications. C. Submit shop drawings showing installation method and the proposed method and specialized equipment to be used. Section 330502 COLLIER COUNTY HIGH DENSITY POLYETHYLENE TECHNICAL SPECIFICATIONS (HDPE) PIPE AND FITTINGS Page 1 of 9 1.5 INSPECTIONS AND TESTS A. All work shall be inspected by the County Manager or designee who shall have the authority to halt construction if, in his opinion, these specifications or standard construction practices are not being followed. Whenever any portion of these specifications is violated, the County Manager or designee, may order further construction to cease until all deficiencies are corrected. 1.6 WARRANTY AND ACCEPTANCE A. Warrant all work to be free from defects in workmanship and materials for a period of one year from the date of completion of all construction and final utility acceptance. If work meets these specifications, a letter of acceptance, subject to the one one-year warranty period, shall be given at the time of nmmpl+ntinn ^ final aGGeptan Ge �ettershaII he given i inen final inspectien-ra�the eTrd of the one y warranty aerial! provided the e,n�Still GOmnlies with these speGifriGatierns In the event deficiencies are discovered during the warranty period, the CONTRACTOR shall correct them without additional charge to the COUNTY before fi ^Ge, or the COUNTY w+l4may otherwise correct them a-ndby drawing upon the Utilities Performance Security for reimb Ursement of e. During the warranty period, the ENGINEER -COUNTY will determine if warranty repairs or replacement work hallo„ -be -performed -by the CONTRACTORis needed. The decision of the ENGINEER COUNTY shall be binding upon the OWNER. PART 2 PRODUCTS 2.1 POLYETHYLENE PIPE AND FITTINGS A. Provide polyethylene pressure pipe manufactured from PE3408 polyethylene meeting AWWA C906 standards. When specified by the ENGINEER on the construction drawings, as an alternate to PVC, HDPE (ductile iron pipe sized) piping can be used for buried applications. Iron pipe sized (IPS) HDPE piping can be used for below -ground applications as determined by the ENGINEER. B. The diameter of DR 11 HDPE casing pipe provided for roadway crossings or other purposes shall conform to the following. For HDPE pressure carrier pipes, casing spacers are not required when HDPE DR11 (or DR17 for 42" to 54" or DR21 for 63") casing is used. The casing inside diameter shall be a minimum of two inches larger than the carrier pipe's outside diameter. Section 330502 COLLIER COUNTY HIGH DENSITY POLYETHYLENE TECHNICAL SPECIFICATIONS (HDPE) PIPE AND FITTINGS Page 2 of 9 C. HDPE to HDPE pipe connections shall be by thermal butt fusion. Thermal fusion shall be accomplished in accordance with the pipe manufacturer and fusion equipment supplier specifications. The CONTRACTOR installing thermal butt fused HDPE pipe shall be certified in this type of work and have a minimum of five years experience performing this type of work. The CONTRACTOR shall provide certification to the Engineer of Record, who will provide the Engineering Review Services Department with the certification. D. Qualification of Manufacturer: The Manufacturer shall have manufacturing and quality control facilities capable of producing and assuring the quality of the pipe and fittings required by these specifications. The Manufacturer's production facilities shall be open for inspection by the County Manager or designee. Qualified manufacturers shall be approved by the County Manager or designee. E. See the County Approved Product List, Appendix F, for manufacturers that are qualified. Products from other manufacturers proposed for the work must receive approval from the County Manager or designee prior to ordering. F. Materials: Materials used for the manufacture of polyethylene pipe and fittings shall be PE3408 high density polyethylene meeting cell classification 345434C or 345434E per ASTM D3350; and meeting Type III, Class B or Class C, Category 5, Grade P34 per ASTM D1248; and shall be listed in the name of the pipe and fitting manufacturer in PPI (Plastics Pipe Institute) TR-4, Recommended Hvdrostatic Strenaths and Desian Stresses for Thermoplastic Pipe and Fittinas Compounds, with a standard grade rating of 1600 psi at 73°F. The Manufacturer shall certify that the materials used to manufacture pipe and fittings meet these requirements. G. Polyethylene Pipe: Polyethylene pipe shall be manufactured in accordance with ASTM F714, Polyethylene (PE) Plastic Pipe (SDR-PR) Based on Outside Diameter or ASTM D3035, Polyethylene (PE) Plastic Pipe (DR -PR) Based on Controlled Outside Diameter and shall be so marked. Each production lot of pipe shall be tested for (from material or pipe) melt index, density, % carbon, (from pipe) dimensions and either quick burst or ring tensile strength (equipment permitting). H. Color Identification: HDPE must have at least three equally spaced horizontal colored marking stripes. Permanent identification of piping service shall be provided by adhering to the following colors. Blue — potable water (Underground HDPE pipe shall be one of the following: a. Solid -wall blue pipe; b. Co -extruded blue external skin; or Section 330502 COLLIER COUNTY HIGH DENSITY POLYETHYLENE TECHNICAL SPECIFICATIONS (HDPE) PIPE AND FITTINGS Page 3 of 9 c. White or black pipe with blue stripes incorporated into, or applied to, the pipe wall. White — raw water Green — wastewater, sewage Pantone Purple — non -potable irrigation, reclaimed or reuse water Polyethylene Fittings and Custom Fabrications: Polyethylene fittings and custom fabrications shall be molded or fabricated by the pipe manufacturer. Butt fusion outlets shall be made to the same outside diameter, wall thickness, and tolerances as the mating pipe. All fittings and custom fabrications shall be fully rated for the same internal pressure as the mating pipe. Pressure de -rated fabricated fittings are prohibited. Molded Fittings: Molded fittings shall be manufactured in accordance with ASTM D3261, Butt Heat Fusion Polyethylene (PE) Plastic Fittings for Polyethylene (PE) Plastic Pipe and Tubing, and shall be so marked. Each production lot of molded fittings shall be subjected to the tests required under ASTM D3261. K. X-Ray Inspection: The Manufacturer shall submit samples from each molded fittings production lot to x-ray inspection for voids, and shall certify that voids were not found. L. Fabricated Fittings: Fabricated fittings shall be made by heat fusion joining specially machined shapes cut from pipe, polyethylene sheet stock, or molded fittings. Fabricated fittings shall be rated for internal pressure service equivalent to the full service pressure rating of the mating pipe. Directional fittings 16" IPS and larger such as elbows, tees, crosses, etc., shall have a plain end inlet for butt fusion and flanged directional outlets. Part drawings shall be submitted for the approval of the ENGINEER. M. Polyethylene Flange Adapters: Flange adapters shall be made with sufficient through -bore length to be clamped in a butt fusion joining machine without the use of a stub -end holder. The sealing surface of the flange adapter shall be machined with a series of small v-shaped grooves to provide gasketless sealing, or to restrain the gasket against blow-out. N. Back-up Rings and Flange Bolts: Flange adapters shall be fitted with lap joint flanges pressure rated equal to or greater than the mating pipe. The lap joint flange bore shall be chamfered or radiused to provide clearance to the flange adapter radius. Flange bolts and nuts shall be Grade 2 or higher. 2.2 MANUFACTURER'S QUALITY CONTROL A. The pipe and fitting manufacturer shall have program responsible for inspecting incoming and polyethylene materials shall be inspected for COLLIER COUNTY TECHNICAL SPECIFICATIONS an established quality control outgoing materials. Incoming density, melt flow rate, and Section 330502 HIGH DENSITY POLYETHYLENE (HDPE) PIPE AND FITTINGS Page 4 of 9 contamination. The cell classification properties of the material shall be certified by the supplier; and verified by Manufacturer's Quality Control. Incoming materials shall be approved by Quality Control before processing into finished goods. Outgoing materials shall be checked for: 1. Outside diameter, wall thickness, and eccentricity as per ASTM D2122 at a frequency of at least once/hour or once/coil, whichever is less frequent. 2. Out of Roundness at frequency of at least once/hour or once/coil, whichever is less frequent. 3. Straightness, inside and outside surface finish, markings and end cuts shall be visually inspected as per ASTM F714 on every length of pipe. B. Quality Control shall verify production checks and test for: 1. Density as per ASTM D1505 at a frequency of at least once per extrusion lot. 2. Melt Index as per ASTM D1238 at a frequency of at least once per extrusion lot. 3. Carbon content as per ASTM D1603 at a frequency of at least once per day per extrusion line. 4. Quick burst pressure (sizes thru 4-inch) as per ASTM D1599 at a frequency of at least once per day per line. 5. Ring Tensile Strength (sizes above 4-inch equipment permitting) as per ASTM D2290 at a frequency of at least once per day per line. 6. ESCR (size permitting) as per ASTM F1248 at a frequency of at least once per extrusion lot. C. X-ray inspection shall be used to inspect molded fittings for voids, and knit line strength shall be tested. All fabricated fittings shall be inspected for joint quality and alignment. 2.3 COMPLIANCE TESTS A. In case of conflict with Manufacturer's certifications, the CONTRACTOR, ENGINEER, or County Manager or designee may request re -testing by the manufacturer or have re -tests performed by an outside testing service. All re- testing shall be at the requestor's expense; and shall be performed in accordance with the Specifications. Section 330502 COLLIER COUNTY HIGH DENSITY POLYETHYLENE TECHNICAL SPECIFICATIONS (HDPE) PIPE AND FITTINGS Page 5 of 9 B. Installation shall be in accordance with Manufacturer's recommendations and this specification. All necessary precautions shall be taken to ensure a safe working environment in accordance with the applicable codes and standards. PART 3 EXECUTION 3.1 INSTALLATION OF THIGH -DENSITY POLYETHYLENE PRESSURE PIPE AND FITTINGS A. Install all high -high -density polyethylene (HDPE) pressure pipe by direct bury, directional bore, or a method approved by the COUNTY or ENGINEER prior to construction. If directional bore is used, or if directed by the County Manager or designee or ENGINEER, surround the entire area of construction by silt barriers. Install all high -high -density polyethylene pressure pipe and fittings in accordance with Manufacturer's recommendations, and this specification. Take all necessary precautions to ensure a safe working environment in accordance with the applicable codes and standards. 3.2 HEAT FUSION JOINING A. Make joints between plain end pipes and fittings by butt fusion, and joints between the main and saddle branch fittings by using saddle fusion using only procedures that are recommended by the pipe and fitting Manufacturer. Ensure that persons making heat fusion joints have received training and certification for heat fusion in the Manufacturer's recommended procedure. Maintain records of trained personnel, and shall certify that training was received not more than 12 months before commencing construction. External and internal beads shall not be removed. 3.3 MECHANICAL JOINING A. HDPE pipe and fittings shall be fused together by heat welding when possible. HDPE pipe and fittings may be joined together or to other materials by means of flanged connections with back-up rings, by mechanical joint adapter with glands, or mechanical couplings designed for joining HDPE pipe or for joining HDPE pipe to another material. A stainless sleeve insert shall be used with a mechanical coupling. Mechanical couplings shall be fully pressure rated and fully thrust restrained such that when installed in accordance with manufacturer's recommendations, a longitudinal load applied to the mechanical coupling will cause the pipe to yield before the mechanical coupling disjoins. 3.4 BRANCH CONNECTIONS A. Make branch connections to the main with saddle fittings or tees. Saddle fuse polyethylene saddle fittings to the main pipe. Section 330502 COLLIER COUNTY HIGH DENSITY POLYETHYLENE TECHNICAL SPECIFICATIONS (HDPE) PIPE AND FITTINGS Page 6 of 9 3.5 EXCAVATION A. Excavate trenches in conformance to this specification, the plans and drawings, or as authorized in writing by the County Manager or designee, and in accordance with all applicable codes. Remove excess groundwater. Where necessary, shore or reinforce trench walls. 3.6 LARGE DIAMETER FABRICATED FITTINGS A. Butt fuse fabricated directional fittings 16" IPS and larger to the end of a pipe. Make up the flanged directional outlet connections in the trench. 3.7 MECHANCIAL JOINT AND FLANGE INSTALLATION A. Install mechanical joints and flange connections in accordance with the Manufacturer's recommended procedure. Center and align flange faces to each other before assembling and tightening bolts. Do not use the flange bolts to draw the flanges into alignment. Lubricate bolt threads, and fit flat washers under the flange nuts. Tighten bolts evenly according to the tightening pattern and torque step recommendations of the Manufacturer. At least one hour after initial assembly, re -tighten flange connections following the tightening pattern and torque step recommendations of the Manufacturer. The final tightening torque shall be 100 ft-lbs or less as recommended by the Manufacturer. 3.8 FOUNDATION AND BEDDING A. Lay pipe on grade and on a stable foundation. Remove unstable or mucky trench bottom soils, and install a 6-inch foundation or bedding of compacted Class I material to pipe bottom grade. Remove excess groundwater from the trench before laying the foundation or bedding and the pipe. A trench cut in rock or stony soil shall be excavated to 6 inches below pipe bottom grade; and brought back to grade with compacted Class I bedding. Remove all ledge rock, boulders, and large stones. 3.9 PIPE HANDLING A. When lifting with slings, use only wide fabric choker slings to lift, move, or lower pipe and fittings. Do not use wire rope or chain. Slings shall be of sufficient capacity for the load; and shall be inspected before use. Do not use worn or defective equipment. 3.10 TESTING A. Hydrostatic Pressure Testing: Pressure test and flush HDPE pipes after swabbing in accordance with Section 022501 and 025400. Section 330502 COLLIER COUNTY HIGH DENSITY POLYETHYLENE TECHNICAL SPECIFICATIONS (HDPE) PIPE AND FITTINGS Page 7 of 9 END OF SECTION COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 330502 HIGH DENSITY POLYETHYLENE (HDPE) PIPE AND FITTINGS Page 8 of 9 NO TEXT FOR THIS PAGE COLLIER COUNTY TECHNICAL SPECIFICATIONS Section 330502 HIGH DENSITY POLYETHYLENE (HDPE) PIPE AND FITTINGS Page 9 of 9 Utilities Conveyance Checklist POTABLE WATER, NON -POTABLE IRRIGATION WATER AND WASTEWATER FACILITIES ACCEPTANCE Today's Date: Project Name: Original Project No. (AR/PL): Submittal Requirements Utility PL#: NIA In Item review accepted Item Needed Notes {1. ❑ ❑ ❑ Final Utility Conveyance °n^e-Application 2. ❑ ❑ ❑ Addressing Checklist (ID number or Folio number of Property) Legal Documents N/A In review Item accepted Item Needed Notes 1. ❑ ❑ ❑ Attorney's Affidavit 2. ❑ ❑ ❑ Owner's Affidavit 3. ❑ ❑ ❑ Warranty Deed/Bill of Sale with Exhibit B per Utilities Standards and Procedures Ordinance Section 134-60 (b)(4), Code of Laws and Ordinancesl0 ?f 4. ❑ ❑ ❑ Utilities Facilities Securities Subordination (required when any security interest in the utility facilities/systems is involved). UCC-1(s) can be subordinated by a Subordination or by use of UCC-3(s) if not released by Subordination. 5. ❑ ❑ ❑ Deed of Utility Easement - Copy of last Deed that conveyed title of the Associated Real Property and Copy of all Utility Easements then being conveyed to the County, including legal description with Surveyor's Sketch of Easement. (Utility easements are not required provided all utility facilities then being conveyed are in public right -of way, are in then existing utility easements, or are in CUES) ❑ ❑ ❑ Utilities Performance Security (UPS) per Utilities Standards and Procedures Ordinance Section 134-58 (e), Code of Laws and Ordinances ° ef Total Cost n 000 (AR 5939 u beve 7. ❑ ❑ ❑ Final Release of Lien from Utility Contractor for the system(s) or portion(s) thereof constructed Page 1 of 3 Rev. 7120182/2021 CHECKLIST WATER & SEWER FACILITIES ACCEPTANCE COUNTY ORDINANCE 97-17, AS AMENDED Page 2 8. ❑ ❑ ❑ Facilities Lease (when applicable) 9. ❑ ❑ ❑ Facilities Lease (including Sub -Developer) use Form 10.1 Tests, Certifications and Supplemental Documents NIA In Item review accepted Item Needed 1. ❑ ❑ ❑ Sewer Video of constructed gravity sewer (Sewer Report & Master Utility Sheet) 2. ❑ ❑ ❑ Certification of pressure testing of wastewater force mains by Engineer of Record 3. ❑ ❑ ❑ Certification of the infiltration/exfiltration tests for the sewer lines by Engineer of Record 4. ❑ ❑ ❑ Coating certification from the manufacturer or a professional testing laboratory for all manholes, wet wells and valve vault. 5. ❑ ❑ ❑ Lift station(s) start up report(s) 6. ❑ ❑ ❑ Electrical Contractor's certification of Lift Station electric service wire sizing and voltage drop pursuant to National Electrical Code Specifications 7. ❑ ❑ ❑ Start-up and successful testing of Data Flow telemetry equipment (AR-7936 & above) 8. ❑ ❑ ❑ Certification of pressure testing of water and non -potable irrigation mains by Engineer of Record 9. ❑ ❑ ❑ Letter by Engineer certifying that: • All water, non -potable irrigation and/or sewer facilities are located within the public right-of-way or dedicated easements • All the utilities system(s), or portion(s) thereof, has been constructed in accordance with County Ordinances and Regulations, including the required color for piping 10. ❑ ❑ ❑ One year (1) Warranty on work performed and system(s) or portion(s) thereof installed by Utilities Contractor 11. ❑ ❑ ❑ Engineer's Final Payment Confirmation }l2. ❑ ❑ ❑ DEP Certification Form and copy of General Permit for WATER facilities (including interim facilities, if applicable); 13. ❑ ❑ ❑ DEP WATER Certification approval to be forwarded when received Notes Page 2 of 3 Rev. 662/2021 CHECKLIST WATER & SEWER FACILITIES ACCEPTANCE COUNTY ORDINANCE 97-17, AS AMENDED Page 3 }l4. ❑ ❑ ❑ DEP Certification Form and copy of General Permit for SEWER facilities (including interim facilities, if applicable); 15. ❑ ❑ ❑ DEP SEWER Certification approval to be forwarded when received {16. ❑ ❑ ❑ DEP Certification Form and copy of General Permit for (RECLAIMED) NON -POTABLE IRRIGATION WATER facilities (including interim facilities, if applicable); In-service Letter to be forwarded when received 17. ❑ ❑ ❑ Lab results on bacteriological tests for potable water mains 18. ❑ ❑ ❑ Satisfactory Test Reports and Certification of backflow device by Certified Laboratory. 19. ❑ ❑ ❑ Verification of Final Cost (Include materials and labor, misc.) Cost breakdown - Contributory Assets for County/Private Materials (materials only) (i.e. detailed quantities, sizes, unit cost, total cost, etc) 20 ❑ ❑ ❑ Letter from the Fire District regarding ownership and maintenance of fire hydrants 21. ❑ ❑ ❑ Signed copy of field fire flow testing by the applicable Fire Control District Engineering Documents NIA In Item review accepted Item Needed Notes 1. ❑ ❑ ❑ One (1) complete set of Record Drawings to include all utilities and all related underground work signed and sealed by the Engineer of Record for potable water, non -potable irrigation water and / or wastewater system(s) or portion(s) thereof 2. ❑ ❑ ❑ One (1) computer -generated disk of Record Drawings in CAD and PDF format per Utilities Standards and Procedures Ordinance Section 134-58 (e), Code of Laws and Ordinancesirn ann e' aMe with oGti0R 10.: D«n r raw IRgse the Utilities Stand.ari-6 aRr-I Drenod roc Or`JinanGe 3. ❑ ❑ ❑ Longitude and latitude shall appear on detail sheet. (AR-7936 & above) Office Use Only below this line Page 3 of 3 Rev. 82/2021 CHECKLIST WATER & SEWER FACILITIES ACCEPTANCE COUNTY ORDINANCE 97-17, AS AMENDED Page 4 ❑W ❑W/S ❑S ❑IRR Page 4 of 3 Rev. 82/2021