Ordinance 98-001:: ~' ~,~".?- ORDINANCE NO. 98- I
.: AN ORDINANCE PROIIIBITING TtIE CONVERSION OF SWALES TO
CULVERTS IN TIlE PUBLIC RIGtITS-OF-WAY WITItIN AN AREA OF
NAPLES PARK, A PLA'I'FED SUBDIVISION LOCATED IN COLLIER
COUNTY, FLORIDA UNLESS A COLLIER COUNTY PERMIT IS
OBTAINED; PROVIDING FINDINGS AND PURPOSE; PROVI. DING
TITLE AND CITATION; PROVIDING APPLICABILITY; PROVIDING
FOR TYPE OF PERMIT AND PROCEDURE; PROVIDING~FOR u.. --r~.
RESPONSIBILITIES ASSUMED BY TIlE PERMITTEE; PROV~)ING '
. r,,: r'-
FOR THE TYPE OF MATERIALS ACCEPTABLE FOR ~_.USE; ,... ~-;
PROVIDING FOR SIZE OF PIPE REQUIRED; PROVIDING'*'FOR
INSPECTION OF PERMITTED INSTALLATIONS; PROVIDIN~-~FOR
TECHNICAL SPECIFICATIONS FOR INSTALLATION; PROVFDING tr~
PENALTIES; FROVIDING CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES
AND EFFECTIVE DATE.
WHEREAS, it has been a common practice within the Naples Park Subdivision area,
Collier County, Florida, for individual homeowners to enclose roadside swales in front of their
homes with small diameter pipes and earthen cover material, and;
WHEREAS, this practice reduces the area available for utilization of grass-lined swales
for stormwater quality treatment and water table aquifer recharge, and;
WHEREAS, replacing the relatively large grassy roadside swales with small diameter
pipes greatly reduces the volume of stormwater runoff retention/detention storage that was
available in the swalcs and thus increases the peak rate of discharge into the drainage systems
outlets which increases the potential for flooding in the area, and;
WHEREAS, Collier County has in the past issued permits under the Public Rights-of-
Way Ordinance, Collier County Ordinance No. 82-91, as amended, to individual homeowners to
enclose roadside swales in front of their homes with small diameter pipes, and;
WHEREAS, in response to the County's application to the Florida Department of
Environmental Protection (FDEP) for approval for construction of major capital improvements to
the Naples Park primary drainage outfalls, FDEP has modified the Special Conditions on the
proposed project to the following: "The Permittee shall allow the construction of a shallow
swale underlain by a slotted or perforated pipe within a crushed stone envelope, by property
owners requesting this swale enclosure modification of swales on or adjacent to their property.";
and
WHEREAS, the Board of County Commissioners of Collier County, Florida has
determined that it is in the public interest and the health, safety and welfare of the citizens of
Collier County to allow the conversion of swales to culverts in the public rights-of-way within
the Nal, les Park Subdivision located in Collier County, Florida, upon certain conditions as set
forth in this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that
SECTION ONE: FINDINGS AND PURPOSE
The Board of County Commissioner~ of Collier County, Florida, (hereinafter the
"Board") does hereby find and determine that it is in the public interest and the health, safety and
welfare of its citizens to allow the conversion of swales to culverts in the public rights-of-way
within an area of Naples Park, a platted subdivision located in Collie County, Florida, provided
a permit is obtained pursuant to this 0rdinanee.
SECTION TWO: TITLE AND CITATION
This Ordinance shall be known and may be cited as the "Collier County Swale/Culvert
Ordinance - Napleg Park."
SECTION TIIREE: APPLICABILITY '
This Ordinance shall apply to and be enforced in that area of Collier County, Florida
known generally as "Naples Park", the specific area thereof for the purposes of this Ordinance is
bounded by the centerlines of the following public roadways:
A. 111'~ Avenue on the North;
B. U.S. 41 on the East;
C, 9 1~ Avenue on the South;
D. Vanderbilt Drive on the West.
SECTION FOUR: PERMIT REQUIRED AND PROCEDURE
No owner of a parcel of property may install a drainage culvert including pipes or other
appurtenances in the swales in the public rights-of-way within the Naples Park Subdivision
unless a permit is obtained. The owner of a parcel of property, or duly authorized agent,
(hereina~er referred to as "Owner" or "Permittee") shall apply for a right-of-way permit pursuant
to the procedures set for in Ordinance No. 93-64, as it may be amended from time to time, or its
successor ordinance.
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SECTION FIVE: RECORD KEEPING OF COUNTY
The County Transportation Department will keep a record of all fight-of-way use permits
in the Naples Park subdivision for the enclosure of swales and will prepare an annual report
which will be sent each January to the Florida Department of Environmental Protection (FDEP),
or its successor, if requested.
SECTION SIX: RESPONSIBILITIES ASSUMED BY PERMITFEE
Permittee will utilize the services of a contractor properly licensed to perform this type of
work in Collier County. The Permittee is responsible for payment of all construction for the
swale enclosure. Permittee will also pay for all costs required to replace missing, damaged or
deteriorated piping and related materials in the future. If the County is required to replace
missing, damage or deteriorated piping because of health, safety and welfare considerations, the
Permittee or his/her successor will pay the County all costs incurred by the County after written
notice of the costs is provided by County to the Permittee.
SECTION SEVEN: TYPE OF MATERIALS ACCEPTABLE FOR USE
The Permittee shall provide a copy of the drawing of the swale enclosure to the County,
which shall comply with the approved design of swale enclosures preparM by the consulting
firm of Agnoli, Barber, and Brundage, Inc., a copy of which is attached'as Exhibit "A" (dated
Rev. 4/11/97) and incorporated herein by reference.
A. The Permittee shall design the enclosure using this design unless otherwise
approved by the County.
B. The materials used by Permittee or its agent shall meet Florida Department of
Transportation quali ty standards.
C. The use of galvanized corrugated metal pipe will not be permitted. Approved
pipe materials shall include slotted reinforced concrete pipe (Class III), perforated smooth
interior-walled high density polyethylene pipe, or perforated alnminized steel Type 2 spiral fib
pipe (14 gage minimum).
SECTION EIGIIT: SIZE OF PIPE REQUIRED
The size of pipe shall vary between locations, depending upon the street address. The
following list provides pipe sizes for the various street and blocks:
Street Name Block Number/s) Minimum Pipe Size*
91" Ave. N. 500, 600, 700, & 800 18" diameter
92~ Ave. N. 500, 600, 700, & 800 18" diameter
93'~ Ave. N. 500, 600 & 800 18 "diameter
700 24" diameter
94':' Ave. N. 500, 600 & 800 18" diameter
700 24" diameter
95~' Ave. N. 500 24" diameter
600, 700, & 800 18" diameter
96~' Ave. N. 500 24" diameter
600, 700 & 800 18" diameter
97u' Ave. N. 500 24" diameter
600, 700, & 800 18'' diameter
98* Ave. N. 500 24" diameter
600, 700, & 800 18" diameter
99~' Ave. N. 500 & 700 24" diameter
600 & 800 18" diameter
I00~' Ave. N. 500 & 700 24" diameter
600 & 800 18" diameter
101" Ave. N. 500 & 700 24" diameter
600 & 800 18" diameter
102~ Ave. N. 500 & 700 24" diameter
600 & 800 18" diameter
103'~ Ave. N. 500 & 600 24" diameter
700 & 800 18" diameter
10d.,~' Ave. N. 500 & 600 '24" diameter
700 & 800 18" diameter
I05~ Ave. N, 500 & 700 24" diameter
600 & 800 18" diameter
106':' Ave. N. 500 & 700 24" diameter
600 & 800 18" diameter
107*Ave. N. 500 & 700 24'' diameter
600 & 800 18" diameter
108'~ Ave. N. 500 & 700 24" diameter
600 & 800 18" diameter
109'~ Ave. N. 500 & 700 24" diameter
600 & 800 18" diameter
110~' Ave. N. 500 & 800 18" diameter
600 & 700 24" diameter
111"' Ave. N. No new swale enclosures allowed.
Vandt~'bilt Drive (East side) 91" Ave. N, to 110~ Ave. N. 24" diameter
110'~ Ave. N. to 111':' Ave. N. 18" diameter
6~' Street N. All Blocks 18" diameter
7~' Street N. All Blocks 18" diameter
8~' Street N. No new swale enclosures allowed.
· Note 19" x 30" slotted pipe can be used in place of 24" diameter pipe when needed.
SECTION NINE: INSPECTION OF PERMITrED INSTALLATIONS
County Community Development Services staff will provide periodic inspections of the
swale enclosure installations to ensure compliance with the fight-of-way permit and this
Ordinance. Within thirty days of completion of the installation, a final inspection must be made
and notice of compliance provided to the County Transportation Department.
SECTFION TEN: TECHNICAL SPECIFICATIONS FOR INSTALLATION
The installations must be in compliance with the following specifications:
~ of Property. Comers and Water/Wastewater Service Lines: Prior to issuance of a
Right-of-Way Use Permit for swale enclosure, the property owncr's contractor will locate the
front lot property comer markers and the water and wastewater service lines. The County Water
and Wastewater Deparlment~ shall be requested to mark the approximate line locations on the
ground surface and the owner's contractor shall carefully uncover the lines to check for elevation
conflicts with the proposed swale modifications. The Right-of-Way Use Permit application shall
include this information. If a conflict occurs, the application shall contain adequate drawings and
written statements to provide for a proper resolution of the conflict(s), including the possibilities
of lowering/raising the utility service line(s) by the County Water and Wastewater Departments
staff. All costs to raise or lower the County utility service lines will be bo~e by the Permittee.
Trenching: Excavation of the existing swale to acconunodate the proposed underlain
pipe and rock trench shall extend to provide a minimum of one foot {i ') of rock on both sides of
the pipe, six inche.; {6") on the top and bottom of the pipe, and six inches of soil backfill over top
of the rock trench. During the course of the construction activities, excavated material shall be
placed in such a manner as to not restrict traffic movements along the street or avenue.
Geot~:~tile Irkstallation: A nonwoven geotextile fabric with a minimum weight of 4
ounces per square yard (e.g. Mirafi NLI40, Typar 3401, Synthetic Industries P045 l, etc.) shall
be placed in the excavated trench to separate the rock trench from the surrounding soil.
Sufficient fabric shall be provided to allow for a one foot {1 ') overlap at all seas. A second
layer of fabric shall be wrapped directly around the pipe with a minimum one foot (1 ') overlap at
all seams.
Rock Trench Installation: The rock trench shall be constructed using a washed, Florida
Department of Transportation certified No. 57 stone. The stone shall be wrapped by the outer
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layer of geotextile fabric and shall extend a minimum of one foot (I ') of rock on both sides of the
pipe and six inches (6") on the top and bottom of the pipe.
placement of Pipe: After the bottom six inch (6") thickness of rock trench is placed, the
inner layer of fabric shall be placed in the trench and the pipe laid to proper grade. All pipe
conn~"~ion~ shall be secure and the inner layer of fabric wrapped completely around the pipe
with a minimum one foot (1 ') overlap at all seams. Placement of the rock trench around the
sides and over the top of the pipe shall be performed with due care to prevent the movement of
the pipe. For pipe utilizing bell and spigot connections, the bell shall be laid in the upstream
direction of flow.
placement of Risers: Twelve inch {12") diameter minimum risers shall be installed to
allow the shallow swale to discharge into the underlying pipe. The recommended configuration
utilizes a manufactured "T" section but the use of Florida Department of Transportation Type
"C" catch basins are also acceptable when a manufactured "T" section is not available or the
owner prefers the catch basin installation. The top of the riser shall extend six inches (6") above
the bottom of the swale. A cast iron slotted grate shall be installed at the top of the riser. Where
reinforced concrete pipe is used, the grate shall be placed in the pipe bell. Where other pipe
materials are used, the grate shall be placed in a reinforced precast concret~ collar sized to fit the
grate and pipe material. Minimum dimensions for the reinforced precast collar are six inch (6")
thickness and twenty-four inch (24") outsid*~ diameter (or 24" square outside dimension). The
precast collar will be mudded to the riser pipe and placed on compacted backfill material. Where
neighbors enclose the swale, only one riser needs to be installed for each segment of regraded
shallow swale.
Placement of End Betre: When the neighboring properly utilizes an open swale system
instead of an enclosed swale system, an end berm shall be constructed to separate the new
regraded shallow swale from the adjoining open swale. The purpose is to force all of the water
from the regraded shallow swale to drain into the riser inlet and into the underlying perforated
pipe. The top elevation ofthe end berm will be six inches (6") higher than the riser inlet.
_End Treatment of Pipe: When the neighboring property utilizes an open swale system
instead of an enclosed swale system, a mitered end section with concrete collar shall be required
at the end of the pipe (unless the County's Right-of-Way permit review determines the location
is not appropriate and deletes this mitered end section requirement) and the neighbor's swale
bottom shall be regraded (maximum bottom slope of 4 horizontal to I vertical) to connect to the
installed perforated pipe invert (bottom inside elevation). When the neighboring property
utilizes an enclosed swale system, and either the pipes are different materials or invert elevations
do not match, a Florida Department of Transpor~ation Type "C" catch basin shall be utilized to
make the connection. This Type "C" catch basin will also function as the riser inlet. When the
neighboring property utilizes an enclosed swale system, and the pipe materials and invert
elevations match, the pipes shall be connected directly.
Backfilling and Regrading of Shallow Swale: Upon proper placement of the pipe within
the rock trench, the nonwoven geotextile fabric shall be overlapped a minimum of one foot (1')
across the top of the rock and backfill sandy soil material placed a minimtun of six inches (6")
beneath the bottom of the shallow swale and regraded to the proper longitudinal and side slopes.
Maimtun side slopes for the shallow (14" deep) regraded swale are 3 horizontal to I vertical.
The longitudinal slope of the swale shall be directed toward the riser inlet(s). When a reinforced
concrete collar is used to secure the grate to the riser, the backfill material shall be thoroughly
compacted to prevent settlement and ensure that the collar can support any'weight placed on the
grate.
Sodding and Placement of Sprinklers: Upon completion of regrading, the disturbed areas
shall be sodded with the same type sod as the remainder of the yard, with the exception that
where Floratam sod is proposed, the owner must provide for adequate sprinklers to keep the sod
alive. Finished elevations must not project above the edge of pavement and shall be in
conformante with the detail drawing prepared by Agnoli, Barber and Brundage, Inc. attached as
Exhibit "A". Sprinklers shall not be installed within the Right-of-Way. Any sprinkler
installations shall be on the owners property and shall utilize spray heads that can cast water
across the width of the swale.
SECTION ELEVEN: PENALTIES
If any person fails or refuses to obey or comply with or violates any of the provision of
this Ordinance, such person upon conviction of such offense, shall be guilty of a misdemeanor
and shall be punished by a fine not to exceed Five Hundred Dollars ($500.00) or by
imprisonment not to exceed (60) days in the County jail, or both, in the discretion of the Court.
Each violation or non-compliance shall be considered a separate offense.
Nothing herein contained shall prevent or restrict the County from taking such other
lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any
violation or non-compliance. Such other lawful actions shall include, but shall not be limited to,
an equitable action for injunctive relief or an action at law for damages.
Further, nothing in this Section shall be construed to prohibit the County from
prosecuting any violation of this Ordinance by means of Code Enforcement Board established
pursuant to the authority of Chapter 162, Florida Statutes.
All remedies and penalties provided for in this Section shall be cumulative and
independently available to the County and the County shall be authorized to pursue any and all
remedies set forth in this Section to the full extent allowed by law.
SECTION TWELVE: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THIRTEEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become n,~d be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article",
or any other appropriate word.
SECTION FOURTEEN: 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 Collie
County,/"b:/~Fl~, this (, :ae/,.day of ~('2~,~,-.~, 1998.
..'..7 .e./,,-
hi'TEST: "-'" ~" BOARD OF COUNTY COMMISSIONERS
;.Z).WIGHT E. fiR'O~.~fe_~'Clerk COLLIER COUNTY, FLORIDA
~...=,.
Ap~oja3~s~,'t'~'firmand
legal sufficiency:
Assistant County Attorney {iling received ~hls/_._,,._._,,._._,,.~-- ck:y
ewM':~'~)'rdin~.ncet'Naple$ P~rk Rtghu-.of-Way Of
I. IbIS D~TAL TO lIE USEZ) IN COH,,IJNCTION IIlIH ]'hE PROPOSr. D CONDt11ONS D~AINAG~ MAPS' FC~
NAPLES PARK AS Pf(~PAR------------------ED BY A(~,IOU, BARBER ,t BRUNDAGr..., INC. RIZ NO. 1738 FOR ISSUANCE
Or COU,.IDI COUH'I~' I~RI,tlT, THIS D~'TAJL fS NOT APPLICABLE TO IlI~ A~,'~.
2. TH[ CONTRACTOI~/COUNTY .SHALL HO71F'Y ALl APPROPRfAT[ U~L.IT'Y COkfI~ANIE$ B[F'Ct~' B~CTI'IVINC
CONSTRUCTTON ANO SHALL HA~[' ALL SERVICE LINES LOCA~.D ANO F"LAC,42ED PRfQR TO ["XCAVATTOH.
3, 18" SLOTTED RCP SHALL BE UT1UZEr~ FOR UP TO f BLOCX FOR THE ROST UPST~EAR BLO(X
g~GrrtN~(~ AT 1)'fE t'ffGH POINT OF TH~ DRAJNAI2E DIODe, 9JCH AS FTtOU 8TH TO 7TH STREET
AS THE A14~NUE ORAINS TOWARD 87H S7~'EET.
24° OR 19°x30" SLOTTED RCP SHALL BE UI~UZ~D DOV, ttSTREAR OF THE FTRST CONTY~BUTING
FUIJ. BLOCK LDIGTH OHCE 7HE LF..HOTH OF THE DRAINAGE AREA EXCEEDS f FULl. BLOOC
WHEN USIHG 24° OR 19"x30= SaLOT'I'ED RC,o, THE ROCX' TRENCH DIIdENSIOHS SHALL BE 140t)fFl["D
TO PRO~40~ 1' OF ROCK CH BOTH SIDES OF THE PIPE AND 8" OF ROC~ ON THE TOP AND BOTTO~
OF THE PJPE. THE 1"'fi~E C I,a.E'TS SHALL BE ROTAT[D AS NECESSARY TO ACCEPT THE LARC.~R PIPE SIZE.
4. ALL AREAS DfS'~ BY CONSTRf.)CT'J, ON SHALL BE .,,eO(X)ED VetTH THE SAME TYPE SGO AS THE REJ, IAJNDER
OF THE YARO. fiNISHED EI.EVAT~ONS AtfJST NOT PROJ[CT ABOV[ THE EDC~ OF PAVL14ENT AND SHALL
B~' IN CONF'OR'UANCE ~MTH TH~S DETAIL ANO THE COLLIL'~ COUNTY PERbIT.
5. PERFO RATL'D S,VOOTH It4~"'RIOR-WAI. LED HfON Dt~NgTY POLYETHYLEHE' OR PERFORATED ALU~INIZ[D STEEL
~ 2 SPIRAL RIB ( 14 GAUGe' k'lNlJ, IUll) PIPE tlAY BE UST_..D AS AN ALT[RNA]IVE TO REINF*ORCTD COiVCRETE PIP~.
3301 T, aJ, IIARI TRAIL EAST
BY'v / ' NAPLES PARK
DATE: FEB. I0. 1997
SHEET: 1 OF ~
REV. APRI~ 11,I997 ACAD: 5900DEP
,, REV. DECEMBER 22, 1997
BX~/~I~ "~ REV. JANUARY 5, ~998
PLAN V~EW SCALE 1° - 40'
"., ~ COLLIER COUNTY
l ~ ,,~,.IoI rlddlAM! TRAIL EAST
FLA. REG. NO. 1891~,4~ NAPLES PARK
AGNOLI, BARBER ~ B DAGE, INC. SECONDARY DRAINAGE SYSTEM
E I SHEET: 2 OF ~
REV. APRIL 11,~997 ACAD: 5900DEP
REV. DECEMBER 22,1997
E~tJ/r "~" REV. JANUARY 5. ~99a
FLA. REG. NO, 189.~ ~0~ NAPLES PARK
AGNOLI, ~ARBER ~ B ' DAGE, INC. SECONDARY DRAINAGE SYSEM
E I SHEET: 5 OF 5
REV. APRIL II, 1997 ACAD: 5900DEP
~X ~/~lf ,t~ ,t REV. DECEMBER 22, 1997
REV. JANUARY 5, 1998
STATE OF FLORIDA) ~ ~D
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
fcregoing is a true copy of:
ORDINANCE NO. 98-1
Which was adopted by the Board of County Commissioners on the 6th
day of January, 1998, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 7th day of January,
1998.
DWIGHT E. BROCK ~'~ .'~
Clerk of Courts and.~lerk ..~ ~
Ex-officio to Board. of ~
County CommissionerS.' ~
~n · . ~.=. ..
By: Ellie Hoffman .'=.~,L!Z. '
Deputy Clerk