Ordinance 2007-60
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· ~ ~ ~ ,.~ i ORDINANCE NO. 2007- 130
~~.,. ~N OJUJINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 2004-31,
;;'0', ~ T.H Hl);.u u>)~OLLIER COUNTY UTILITIES STANDARDS AND PROCEDURES
<<:lclLlO\,~ANCE, TO AMEND FOUR DEFINITIONS; TO APPLY THIS
--ORDINANCE TO RECLAIMED WATER SYSTEMS OR PORTIONS THEREOF;
TO REQUIRE THAT THE DEDICATION BLOCK IN PLATS PROVIDE THAT
COUNTY UTILITY EASEMENTS AUTHORIZE THE WATER-SEWER,
DISTRICT TO INSTALL CONNECTING UTILITY FACILITIES AFTER FINAL
ACCEPTANCE OF UTILITY FACILITIES; DELETING DEFINITION OF AND
REFERENCES TO UTILITY CODE SUBCOMMITTEE OF THE
DEVELOPMENT SERVICES ADVISORY COMMITTEE; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE.
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 AND OF THE
GOODLAND SUB-DISTRICT, that Ordinance No, 2004-31 is amended as follows:
SECTION ONE: That in SECTION SIX: DEFINITIONS AND ABBREVIATIONS,
the definitions of Developer; District Service Area; Interim Utility Facility or Interim
Utility System (and Utility Facility); Utility Code Subcommittee of the Development
Services Advisory Committee, and Utilities Performance Security (UPS) are hereby
amended as follows.
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 portiones)
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 fife might sometime te be eJlteHaed, connected to;-Bf
ultimatel)' become part ef tile.!! potable water, non-potable water irrigation or
wastewater systems of Collier County Water-Sewer District (CCWSD), Collier
COURt)', Fleriaa.
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 included in the
District's Service Area (1) All geographic areas within the geographic boundaries
of each municipality as those municipal boundaries existed on the effective date
of Chapter 2003-353, Laws of Florida; and (2) all areas within the City of Golden
Gate (which is not a municipal corporation) as such area is now or hereafter
defined in subsection 5(C) of Section 3 of Chapter 2003-353, Laws of Florida);
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and (3) all area within the geographic boundaries of eacll iHaejleRaeRt Sjlecial
ImproyemeHt District the Immokalee Water and Sewer District; and (4) all area
witlliR eaell ComFlUIHit)' DeyelejllReHt District ar.ea; aRa (5) all area within the
geographic boundaries of each utility servIce area then actively certificated to the
subject utility by the Collier County Water-Wastewater (or hereafter by the
Florida Public Service Commission in the event the County cedes such Chapter
367, Florida Statute, jurisdiction back to the FPSC (for as long as such certificated
area is viable). Except as to the geographic areas listed herein, this Ordinance
applies to each person or entity, lessee, 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 except:
a) Property used solely or principally in the business of bottling, selling,
distributing or furnishing bottled water; and
b) Subject to Chapter 2003-353, Laws of Florida, such facilities or
system(s) owned, operated, managed, or controlled by another government or
governmental agency.
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 District's service areas may from time-to-time be
expanded, contracted or otherwise changed by Resolution of the Board or by
Collier County Ordinance, or by amendment to Chapter 2003-353, Laws of
Florida, a Special Act that controls the powers of the Board and the Collier
County Water-Sewer District.
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 (CCWSD) and which, upon completion, or anvtime thereafter is
plaRHed caoable to be dedicated to the CCWSD. 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 District's system and the Interim Facilities and/or
Interim System has been dedicated to the District pursuant to paragraph 10 in
Section 5 of Chapter 2003-353, Laws of Florida.
Utility C-stJ.e SN.BBsmmit$ee 9/ the Del'el8J1meHt Sen'iees .4S1'is8Tj' Csmmithe
(DS.1C) .A. cOlRmittee of DSf.C (J1'eatea PUFSUaRt ts OraiRaRce Ne. 95 a9. tllat is
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to make reeomm.eRaatieA8 Oft teehRieal, ofleratioRal afld ether issues re]atiag to
utilit)' matters, aRa to serve as tile primary eOffimuRicatisR liHk set'.veeH tile
COIHmHHit)' DevelopmeHt aRa BRviroHmefltal Sen'iees DivisioH, tile PHslie
Utilities DivisioH, tile aevelopmeHt iflaHstr)', aRa tile citizeHs afla reBiaeHts of tile
C0Hflt)' OR sHeA matters.
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, fer (potable water and/QLwastewater facilities) and/or !!Q!l:
utilitv facilities (reclaimed or supplemental water facilities) otller utility facilities
eOflstrHetisH to guarantee the construction, workmanship and/or materials for the
warranty period after the utility system(s) or portiones) and the non-utili tv
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
portiones) and the non-utili tv svstems and portions thereof when construction
occurs on private property. (Refer to Sec. 8.5: Utilities Performance Security.)
SECTION TWO: That in SECTION SEVEN: POLICIES AND STANDARDS,
subsection 7.6 is hereby amended as follows:
7.6. Utilities Conveyance and Acceptance.
The transfer of ownership of any utility facility, including any interim utility
facility, and/or anv reclaimed water svstem or portion thereof, to the District shall
comply with the requirements of law, as set forth in the Florida Statutes, and
applicable County Resolutions. (Refer to Section 10: Utility Conveyance
Procedures herein.)
SECTION THREE: That in SECTION EIGHT: CONSTRUCTION APPROVAL AND
DOCUMENT SUBMISSIONS, Subsection 8.4 (a) is hereby amended as follows:
8.4. Plats.
8.4.1. A copy of the proposed plat for new subdivisions that contain potable
water, non-potable irrigation water and/or wastewater system(s) or portiones)
thereof shall be submitted with the construction drawings to the County staff for
review and approval. All utility easements that will be required for the potable
water, non-potable irrigation water and/or wastewater system(s) or portiones)
thereof shall be shown on the plat, if possible. Further, the dedication block on
the cover sheet shall contain the following statements:
a) That all Utility Easements for potable water, non-potable irrigation water
and/or wastewater system(s) or portiones) thereof and Ingress and Egress rights,
where appropriate, are provided to the Collier County Water-Sewer District to
iRBtall, operate and maintain potable water, non-potable irrigation water and/or
wastewater utility systems or portiones) thereof within the Platted Area after final
convevance to the CCWSD; and, where applicable, to install the CCWSD's
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connecting utilitv facilities within such easement( s ).
SECTION FOUR: That in SECTION TEN: UTILITIES CONVEYANCE POLICIES
AND PROCEDURES, Subsection 10.1.4.2, is hereby amended as follows:
10.1.4.2. All projects requiring irrigation shall provide a non-potable irrigation
water distribution system with Pantone Purple 522C piping" llfIti
If and when the proiect is legally and phvsicallv capable of being connected, such
system shall be available to Be connected to the COHflt)' (or Distriet's) CCWSD'S
system when CStlHt)"S (or Distri~t's) re~laimed the CCWSD's non-potable
irrigation water system is available to supplv such service the project. The proiect
can be issued a deviation from this connection requirement if the applicant can
prove that the proiect is legallv and/or phvsicallv incapable of being connected to
the CCWSD'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 County's (or District's) non-
potable irrigation water mains.
SECTION FIVE: That SECTION ELEVEN: AMENDMENTS, is hereby amended as
follows:
County staff may recommend amendments to this Ordinance (including the
Manual and documents incorporated by reference into the Manual) as may be
deemed necessary or appropriate HpOfl prior review b)' tile Utilities Committee
Utility Cea0 SlibcemmiUee of the De\'elef.JffH.~Flt Sef':iees AEl'.isery Cemmittee,
llfIti by the Public Utilities Administrator and, in case of actual or possible contlict
with the LDC, upon the additional prior review by the Community Development
and Environmental Services Administrator (it being understood that as a matter of
law this Ordinance cannot contlict with the LDC and the LDC controls to the
extent of such contlicts). Revisions to the Standards Manual should be made
periodically by the Public Utilities Administrator to retlect 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 Resolution of the Board
of County Commissioners. Each such Resolution must be placed on the BCC
agenda under Scheduled Public Hearings or in the Summary Agenda Section.
SECTION SIX: INCLUSION IN THE CODE OF LA WS AND ORDINANCES.
The provisions of this Ordinance shall become, and be made a part of, the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "Ordinance" may be changed
to "section," "article," or other appropriate word.
SECTION SEVEN: CONFLICT AND SEVERABILITY.
The provisions of this Ordinance, including the Standards Manual, shall be liberally
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construed to effectively carry out its purposes in the interest of public health, safety,
welfare, and convenience. If any section, phrase, sentence or portion of this Ordinance is
for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct, and independent provision, and such
holding shall not affect the validity of the remaining portions thereof.
SECTION EIGHT: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the 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, and the
Goodland Sub-District, this ~ day of ~I"l =-M~Q. ,2007.
ATTEST:
DWIGHT E. BROCK,Clerk
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AS
THE GOVERNING BODY OF COLLIER
COUNTY AND AS THE EX-OFFIc;lO'" """
GOVERNING BOARD OF THE COLLffiR:';',
COUNTY WATER-SEWER DISCTRICT
AND OF THE GOODLAND SUB-DISTRICT
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BY~~....
~S COLETTA, Chairman'.., . '"",
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Approved as to form and legal sufficiency:
By: ~~ ~J~
Thom' s C. Palmer, Assistant County Attorney
This ordinance filed with th~:
Secr:tary of S~ Office the
~ day of -'--, "2co7
and acknowledgement o~ that
filing rec ived this ~ cloy
of '2ct>
By
Deputy CI
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-60
Which was adopted by the Board of County Commissioners
on the 11th day of September, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of September, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Boa!'a1b:e,
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County Commis~loGers '
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By:
Martha Vergara ,:.,'
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Deputy Clerk '