Ordinance 2021-24 ORDINANCE NO. 2021 - 24
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
NO. 2004-31, AS AMENDED, KNOWN AS THE COLLIER COUNTY
UTILITIES STANDARDS AND PROCEDURES ORDINANCE, AS
CODIFIED IN SECTIONS 134-51 THROUGH 134-64 OF THE CODE OF
LAWS AND ORDINANCES, TO UPDATE THE REGULATIONS
GOVERNING THE INSTALLATION OF SUSTAINABLE AND SAFE
UTILITIES INFRASTRUCTURE WITHIN THE COUNTY; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on May 11, 2004, the Board of County Commissioners of Collier County,
Florida,as the Governing Body of Collier County,Florida,and as the Ex-Officio Governing Board
of the Collier County Water-Sewer District, concurrently adopted Collier County Ordinance No.
2004-31,known as the Collier County Utilities Standards and Procedures Ordinance,together with
the Utilities Standards Manual, including all of the Manual's exhibits (the "Ordinance"). These
documents provide County procedures and guidelines for the design, construction and repair of
both privately constructed and County constructed utility systems in Collier County; and
WHEREAS, Collier County Ordinance No. 2004-31 has been previously amended by
Ordinance Nos. 2006-48, 2007-60, and 2018-36, and by numerous Resolutions amending the
Collier County Water-Sewer District Utilities Standards Manual, which is incorporated by
reference into the Ordinance; and
WHEREAS, a 2017 benchmarking study by Tetra Tech that was updated and expanded in
2019 and discussions amongst staff and the Development Services Advisory Committee (DSAC)
Utilities Subcommittee prompted proposed amendments to the Ordinance; and
WHEREAS, the Board wishes to update the Collier County Utilities Standards and
Procedures Ordinance to simplify and optimize the County's conveyance process in ways that are
mutually beneficial to the County and the land development industry while preserving high-quality
and best-value utility services to Collier County Public Utilities customers.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY
OF COLLIER COUNTY, FLORIDA,AND AS THE EX-OFFICIO GOVERNING BOARD
OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that
SECTION ONE: The following Sections of Ordinance No. 2004-31, as amended, and
codified in Chapter 134, Article III, of the Code of Laws and Ordinances
are amended as follows:
Words Underlined are added;
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Sec. 134-56. -Definitions and abbreviations.
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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 following areas are not
corporation) as such area is now or hereafter defined in subsection 5(C) of Section 3 of Chapter
Water and Sewer District; and (4) all area within the geographic boundaries of each utility service
hereafter by the Florida Public Service Commission in the event the County cedes such Chapter
,
trustee and/or receiver, owning, operating, managing, or controlling such facilities of system, or
proposing construction of such facilities and/or system, who or which is providing or proposes to
provide any such service,or any combination thereof,within the unincorporated area of the county
cept:
(1) Property used solely or principally in the business of bottling, selling, distributing or
furnishing bottled water; and
(2) Subject to Chapter 2003 353, Laws of Florida, such facilities or system(s) owned,
operated, managed, or controlled by another government or governmental agency.
* * * * *
Final acceptance: Acceptance by the board of potable water, non-potable irrigation water and/or
wastewater systems at least one year after preliminary acceptance, and after satisfactory
completion of all final acceptance obligations.
Final acceptance obligations: These include reimbursed recording fees, one year sewer viewer
report and video, final utility inspection, attorney's affidavit and final attorney's affidavit.
* * * * *
Inspection: Periodic construction site visits by a county representative,the purpose of which is to
ascertain/ensure compliance with county-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 (for preliminary acceptance prior to conveyance of the required
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the district), and after the one year contractual guarantee period(for final acceptance of the potable
water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof by the
county).
* * * * *
not-ineluding-f-mat-inspeetiens,
* * * * *
Transmission mains: Potable water mains 16 inches in diameter and larger that distribute water
over a regional or sub regional area,wastewater force mains 12 inches in diameter and larger,and
non-potable irrigation water mains six inches in diameter or greaterand larger, and. Also includes
water mains used to transport well-raw water from a-wells to a potable-water treatment plant.
* * * * *
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 county or the district, prior
to recording of plat or conveyance of utility facilities, (potable 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 county,
district, 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.)
* * * * *
Warranty period: A one-year timeframe following recording of the conveyance documents during
which the County holds the developer's utilities performance security.
* * * * *
Sec. 134-58. - Construction approval and document submissions.
* * * * *
(e) Utilities performance security .
(1) Notwithstanding any other provision(s) in this ordinance, the developer shall be
required to furnish a final acceptance obligations cash bond to staff in the amount
of$1,000.00 and a utilities performance security ("UPS") in an amount equal to
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0ff'
110 percent of the engineer's estimated probable cost of construction for potable
water,non-potable irrigation water(where applicable)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 acceptance obligations cash bond
and UPS wi liprior to finalnstructien ,locum tsrecording the plat. The UPS
must be approved by the Collier County Attorney's Office prior to commencement
of utility constructionrecording the plat.The final acceptance obligations cash bond
shall be required,but aA UPS is not required for the construction phase of a project;
provided development is occurring 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 been previously provided to the County or District,
pursuant to the LDC requirements. Upon conveyance of utility system(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 equal to ten percent of the
cost of utility construction but not less than $10,000.00. , or if the UPS has been
previously provided to the county or district,pursuant to the LDC requirements. A
UPS shall be required on all projects during the guarantee or warranty period as
described--in this ordinan e The f;na1 ptance obligatio s ash bond to
reimburse 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 if all
duties and responrsibilitiesrhacd veer-promptlly perf,filed by tl,e, responsible pa.-ty
as required by this ordinance,including,and not limited to,final attorney's affidavit,
all costs of final utility inspection(s), recording fees, one year sewer viewer report,
a is f il: „the idiot. ., a
and/or maintenance to the respective utility system conducted by the county or
district with regard to any such utility facilities. The minimum amount of this final
acceptance obligations cash bond can be changed from time to time by summary
agenda resolution(s) of the board of county commissioners. 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 construction for the required guarantee or
warranty period. For completion of system(s) or portion(s) thereof constructed on
private, non subdivided property, a ten percent UPS shall be provided to, and
accepted by, the county or district prior to preliminary final acceptance of the
completed utility system(s) or portion(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
Words Underlined are added.
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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 county or district until the end of the warranty period
and shall secure and cover the performance of the developer in constructingon and
maintaining the Gubject 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 and until a year after the board 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 board. All
surety companies associated with a performance bond shall hold a current
certificate of authority,as issued by the treasury department,as an acceptable surety
on federal bonds under an Act of Congress approved July 30, 1947.
* * * * *
(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 board. 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 community development and environmental services, engineering
services division within 1'1 months following preliminary acceptance.
b. The letter of credit is scheduled to expire prior to final acceptancethe 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 ordinance within three business days prior to the expiration date.
(5) A final utility inspection of the subject potable water, non potable irrigation water
and/or wastewater system(s)or portion(s)thereof shall be conducted prior to release
4 UPS All ♦ t' d t obligations e o ed by ., UPS shall be
final utility inspection.To schedule the final utility inspection,the county staff shall
days prior to the completion of the one year period from acceptance by the county,
the district or the board of the system(s) or portion(s) thereof. The representatives
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of the county, engineer of record, contractor,-ter eve r hall-e ndu al
utility inspection.
(65) The final acceptance obligations cash bond and the UPS shall remain, at all times,
in full force and effect until the board approves final acceptancefor the duration of
the warranty period. Upon such approvalexpiration 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 the then due payment balance, if any,
of the final acceptance obligations cash bond, ith t interest to the entity that
shall be strictly responsible to promptly keep e u. -staff-advised-of sffcient
mailing return information to facilitate return of the then due cash bond balance. If
the provider of the final acceptance obligations cash bona does „ot notify staff in
the land if the land is sold or otherwise transferred in the interim and in such event
shall be returned to the then current landowner(s) or, if applicable, owner's of the
due to default of the provider of the final acceptance obligations cash bond, it is not
possible for staff to ascertain the refundable amount ofthe bond within f 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,TeF
b. Preliminary work authorization(PWA) approval as outlined in the LDC.
* * * * *
Sec. 134-59. Construction observation and inspection.
* * * * *
{e} Preliminary inspections. A preliminary inspection of the completed system(s)or portion(s)
thereof shall be required prior to any conveyance to and acceptance by the board. During
this inspection,the utilities will be checked for co
revised construction dr ,
section 134 60: Utilities conveyance procedures.
Words Underlined are added;
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(e€) 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) or portion(s) thereof shall be required prior
to final acceptance by the Board. shshall b a ted-ne-ear-ier n one y
no later than one year and 60 days after preliminary acceptance of the utility
system(s) or portion(s) thereof by the bboa a. 1, fna' util-it-y-inspection shal be
acceptance date. 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 county staff approved record construction
drawings. Th UPS i ,t ffc* nti1 an fn l , ilit. "Y`tance
been granted by the board. Refer to section 134-60: Utilities conveyance policies
and procedures.
(2) Delinquent final utility inspections. Staff shall provide written notice of overdue final
including all final utility acceptance obli
facilities that have not passed all final acceptance obligations not later than 60 days after
receipt of the notice shall subject the service site-anfl-al-l-units-ser-ved-by-the-utility-faeilities
to all penalty provisions of this ordinance, i-nc
,
limited to, site development or site improvement plans, construction permits, and/or any
amendments-te-any.- f* - . Sub et to s* ff .idi g the notice, these provisions
subsection.
Sec. 134-60. Utilities conveyance policies and procedures.
(a) General. All utility facilities to be conveyed to the county or district, at the time of
conveyance to the county or the district must comply with this ordinance and with all then
applicable standards and specifications. Nothing in this ordinance requires that the county
or the district 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 ordinance, the utility standards manual and
all of the documents then incorporated by reference in that 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 district or other independent district utility. Subject to these
Words Underlined are added;
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requirements, potable water, non-potable irrigation water and/or wastewater systems or
portion(s)thereof,after public utilities department approval(if applicable), shall be offered
to be conveyed to and accepted by the board. The board will accept title to the offered
facilities unless in the specific instance there exists good reason not to accept title to such
facilities. Preliminary acceptance shall, after public utilities department approval (if
Upon approval from the public utilities division, final acceptance of such facilities and/or
system may be approved by the board ( b t t tho ..._e ,ea_ •.a-rant, period) and
scrv.Tccrr�ro cn�.
after all final acceptance obligations and requirements have been complied with. All
facilities and/or systems shall be located within a CUE (or public right-of-way) if they are
to be owned, operated and/or maintained by the county or the district. Neither the county
nor the district 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 board.
Notwithstanding that neither the county nor the district has any duty with respect to such
facilities or systems, in the event that county staff deems that due to necessity (emergency)
the county or the district 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 board 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 county staff deemed it necessary to act.
* * * * *
(b) Conveyance documents. Upon the county's (or district's) final approval of construction
documents, engineering review services division director (county engineer) or designee
shall provide the developer with the county's checklist(see standards manual appendix) of
conveyance documents required for submission at the time the constructed system(s) or
portion(s) thereof is considered for dedication to county or district.
* * * * *
(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 county or district.It is preferable that the
Exhibit B be to scale. Each Exhibit B must describe the facilities being conveyed
by type (water line, wastewater line, lift station, etc.). Staff shall stamp each such
completed with correct information):
"The Utility Facilities being conveyed are shown on plans prepared by
sheets thru , dated the day of , 20 . These Drawings
have been assigned AR number
(c) Inspection. County staff shall require both preliminary 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
Words Underlined are added;
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wastewater systems or portion(s)thereof shall be observed and certified by the engineer of
record and shall be inspected by the county. Refer to subsection 134-59(d): Construction
observation and inspection.
* * * * *
Sec. 134-61. Amendments.
County staff may recommend amendments to this article (including the manual and
documents incorporated by reference into the manual)as may be deemed necessary or appropriate
by the public utilities administrator and, in case of actual or possible conflict with the LDC, upon
the additional prior review by the growth management administrator(it being understood that the
LDC controls to the extent of such conflicts). Revisions to the standards manual should be made
periodically by the public utilities administrator 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 manual must be
approved by an advertised Resolution of the board of county commissioners. Each such resolution
must be placed on the BCC agenda under scheduled advertised public hearings or in the summary
agenda section.
* * * * *
Sec. 134-64. Appendix A—Standard legal documents.
* * * * *
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-. i'. sider its acoepta cesubmittal of the subject
utility facility documents.]
* * * * *
SECTION TWO: Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. The provisions of this Ordinance, including the
Standards Manual, shall be liberally construed to effectively carry out its purposes in the interest
of public health, safety, welfare, and convenience. If any court of competent jurisdiction holds
any phrase or portion of the Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
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SECTION THREE: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and may be made a part of the Code of
Laws and Ordinances of Collier County,Florida. The section of the Ordinance may be renumbered
or re-lettered to accomplish such, and the word "Ordinance" may be changed to "Section,"
"Article," or any other appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida,as the Governing Body of Collier County,Florida,and as the Ex-Officio Governing Board
of the Collier County Water-Sewer District,this 13th day of July, 2021.
BOARD OF COUNTY COIVivI!'�I$51Ol l R.S„`i?,,,
COLLIER COUNTY, FLORI.I A, AS THE/. .
GOVERNING BODY OF COLb1ERCOUNTY,
FLORIDA, AND AS THE: :Ek OFFICIO
ATTEST:,,, , GOVERNI BOARD OF THE ;COLLIER
CRYS aAL K..KTh1ZEL, CLERK COUNTY -SEWER DI CT .. y
By, , . (..,l?C'_ • By:
`�I- . 1 .uty Clerk Penny Taylor, airman
tfi
as airman's
"il
ortata'...RAe�wy \
Approved as to Form and Legality:
1).„...„....k ,b.
Derek D. Perry
Assistant County Attorney `L\
�\ \ \
This ordinance fi1ed with the
any 'of Sto e s OfVfice the
yof,�uM ,�?� 1
and acknowledgement that
filing r ived s Y
of t,y
1
Words Underlined are added;
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Q
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
July 20, 2021
Ms. Martha Vergara, BMR& VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2021-24, which was filed in this office on July 20, 2021.
Sincerely,
Anya Grosenbaugh
Program Administrator
AG/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270