Loading...
Ordinance 97-59 ORDINANCE NO. 97- 59 AN ORDINANCE AMENDING THE PUBLIC FACILITIES ELEMENT/NATURAL GROUNDWATER AQUIFER RECHARGE SUB-~ ELEMENT OF ORDINANCE NUMBER 89-05. AS AMENDED, THE -', c,~ 'T'I .. COLLIER COUNTY GROW'I'H MANAGEMENT PLAN, FOR THE ; -- -., 'l;, ~':;~ UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; BY "< ' AMENDING THE PUBLIC FACILITIES/NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT; BY PROVIDING FOR ~ ="' SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. ~ crZ, WHEREAS, the Board of County Commissioners adopted the Collier County Growth Management Plan on January 10. 1989; and WHEREAS, Collier County has held public hearings to provide for and encourage public padidpation throughout the 1996-97 plan amendment process; and WHEREAS, Collier County did submit the 1996-97 Growth Management Plan Amendments to the Department of Community Affairs for preliminary review on Apdl 29, 1997; and WHEREAS. the Department of Community Affairs did review and make written objections to Public Facilities ElementINATURAL GROUNDWATER AQUIFER RECHARGE Sub-Element Amendments to the Growth Management Plan and transmitted the same in writing to Collier County within the time provided by law; and WHEREAS, Collier County has 120 days from receipt of the written objections from the Department of Community Affairs to adopt, adopt with changes or not adopt the proposed Public Facilities Element/NATURAL GROUNDWATER AQUIFER RECHARGE Sub-Element Amendments to the Growth Management Plan; and WHEREAS. the Board of County Commissioners of Collier County did take action in the manner prescribed by law and did hold public hearings concerning the adoption of the Public Facilities Element/NATURAL GROUNDWATER AOUIFER RECHARGE Sub-Element Amendments to the Growth Management Plan on October 28, 1997; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW. THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA. that: ~ECZJGj~LOj:~: ADOPTION OF AMENDMENTS TO THE PUBLIC FACILITIES ELEMENT/NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT OF THE GROVv'TH MANAGEMENT PLAN. This Ordinance as described herein, shall be known as the Public Facilities Element/NATURAL GROUNDWATER AQUIFER RECHARGE Sub-Element Amendments to the Growth Management Plan for Collier County, Flodda. The Collier County Growth Management Plan Public Facilities Element/NATURAL GROUNDWATER AQUIFER RECHARGE Sub-Element Amendment is attached hereto and incorporated herein by reference. · ~7,~: SEVERABILITY. If any phrase or portion of this Ordinance Is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. ~J~ET/:ig~: EFFECTIVE DATE. The effective date of this Amendment to the Public Facilities Element/NATURAL GROUNDWATER AQUIFER RECHARGE Sub-Element shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the Element in compliance in accordance with Section 163.3184, ~Z~i~ij1~,f, whichever occurs earlier. No development orders, development permits, or land uses dependent on this Element may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a Resolution affirming its effective status, a copy of which Resolution shall be sent to the Department of Community Affairs, Bureau of Lo~al Planning, 2555 Shumard Oaks Blvd., 3"~ Floor, Tallahassee, Florida 32399-2100. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County this QZE_.~.daY '6f OCtober, 1997. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, GLERK. ::.LLI~UNTY, FLORIDA .. B . o . I CHAIRMAN ' ' " Ti',is ordinan-'.c APi; 0vE As 'T6 FORM AND s,,..'., c, ,..:.:.,. LEGAL SUFFICIENCY: ~ .if', ,e~, o: ~,~C,~ ..... [j,-) 7 and ack~c.w!ej,.';~,,m,"nt f,;in~ rccev, ed this ~ <Joy ~ of _J~(,.--~./~:-, J...._~ ASSISTANT COUNTY ATTORNEY 1997 Public Facilities Element/NATURAL GROUNDWATER AQUIFER RECHARGE Sub-Element 2 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 copy of: ORDINANCE NO. 97-59 Which was adopted by the Board of County Commissioners on the 28th day of October, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 5th day of November, 1997. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of By: /s/Susan Barbir~eti/;./".4./{,"~{~'' 7 "' ..... COLLIEK COUNTY GROWTH MANAGEMENT PLAN PUBHC FACILITIES ELEMENT NATURAL GRO UNDWATER SLrB-ELEMENT COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Natural Groundwater Aquifer Recharge Sub-element Prepared for COLLIER COUNTY qOARD OF COUNTY COMMISSIONERS OCTOBER, 1997 AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT NATURAL GROUNDWATER ACIUIFER RECHARGE SUB-ELEMENT Symbol Date Amended Ordinance No. *INDICATES ADOPTED PORTIONS NOTE: THE SUPPORT DOCUMENT WILL BE UPDATED AS CURRENT INFORMATION BECOMES AVAILABLE. GOALS, OBJECTIVES AND POLICIES GOAL 1: THE COUNTY SHALL IDENTIFY AND PROTECT NATURAL GROUNDWATER AQUIFER RECHARGE AREAS FROM ACTIVITIES THAT COULD DEGRADE AND/OR CONTAMINATE THE QUALITY OF GROUNDWATER, OBJECTIVE 1.1: e contamination fr ~ on a biannual basis, be.clinnin.q in October, 1998, review and revise (as necessary} existinq map delineations of rechar.qe areas that are most sensitive to contamination from land development and other surface activities. The review and any map revisions will be based on _cleolo_qic. hydro_cleoloRic, hydrolo.qic, and updated anathropo..qenic contaminant data aq_cire,qated dudn,q the previous biennium. Policy: 1.1.1: ~'~'~t'*' ~"-- ,,'~",,~"' -- Continue to revise 3-dimensional computer models of .qround water flow around publiq water supply wellfields, as additional data {e.g., withdrawal rates, .,numbers and locations of wells within wellfields, and hydro.qeolo.qic information) become available. Policy 1.1.2: cenfin!n~ units. Continue to identify areas and revise previous identifications of areas that are especially vulnerable to contamination because of land use, drainaqe. geomorphic, soil, hydro.qeologica!, and other conditions, such as the presence/absence of confining units. Policy 1.1.3: cont3min.."t!on. Identify existing land uses and land use activities that possess the greatest potential for ground water contamination. See Policy 1.5,4. Policy 1.1.4: ~,~ .... , '~,,,, ....· ~ ....~/""~ w~""~'~'~ ~"~"~ '~' ~" ........ ~:1 ~"~ Update criteria for determining and mappincl sensitive recharge areas as additional anthropogenic and hydrogeologic information becomes available. OBJECTIVE 1.2: August 1 ,-1 989-adopt-a-lc,,-,.2,-! Groundwaler--Pfotec, tion Ordinance-to prote~ sensil;,ve . Implement the Collier County Ground Water Protection Ordinance designed to protect that includes: requlation of land use activities County-wide as well as within wellfield protection zones surroundinq identified public water supply wellfields and identified sensitive recharge areas; and County-wide ground water quality criteria, to protect the County's ground water resources as well as sensitive recharge areas. Policy:l.2.1: The-Or~*~:~.~v~d~ess-both-exi sting-and~ture4and4jse--and-su~ace at,.tivit-ies. Apply action criteria specified in the Collier County Ground Water Protection Ordinance to both existinq and future requlated development accordinq to procedures specified in the Ordinance to protect the County's ground water resources. Policy 1.2.2: T ' ' ' Apply cdteria for ground water protection specified in enforcement procedures specified in the Ordinance, to provide an appropriate level of protection to sensitive recharge areas. Policy 1.2.3: :f-he4~pt, e~v,4~ress-the4s. reac~r~J of confining units by4mproper-well Apply the cdteda of those sections of the Collier County Ground Water Protection Ordinance that address; breachinq of confininq units by improper well construction, rock mininq and other excavations, blastin.q, and other similar activities to protect recharqe of the Surficial Aquifer System, to planned/permitted future development. Policy 1.2.4: Th,, r' .... , ..... ;" ;"""z .... * the Ordiaance in 3 m3nner *'- minimize-duplication-of*effort Implementation of the Collier County Ground Wa~er Protection Ordinance will follow Ordinance procedures. and other intemal County procedures jn a manner to minimize duplication of erfod among County, municipal. and State agencies. Policy 1.2.5: The County will apply existin.q regulations and permiffing review procedures ~r to the evaluation of proposed development witl~in sensitive aquifer recharge areas. OBJECTIVE 1.3: /"~nll~-~ ~n~4 ~t,ela ,~t~ ~4~t~ ~n~4 infnn"n~finn ~4~einn~4 tn mnnltnr th~ n, ,~l;h, n~ nrna ,nd vv,,~ .... ~ ~,~,~,~ ~, ......... v,,,,~,,~ ..... ,~J,,~ .........,~, ,,,~ ,l~,,,J ~, ,..j,~,, Continue to collect and evaluate ground water quality data, identifying ambient water quality values and trends, compadn.q analyte concentrations to Flododa Ground Water Guidance Concentrations. and providin.q information to water resources planning and manaqement entities, and to the general public. Policy 1.3.1: Continue the existing water quality monitoring program to provide base-line data. evaluate long-term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. Policy 1.3.2: Coordinate data gathering activities with State and Federal agencies to minimize duplication of efforts and enhance the quality of information gathered. Policy 1.3.3: Assess the data annually to determine whether monitoring activities and County Ordinances require expansion, modification or reduction. Policy 1.3.4: Gather and use appropriate data to refine and improve the data base used in the County's 3-dimensional ground v..ter model. Policy 1.3.5: BY 1 October, 1997, establish a water resources planning group composed of appropriate County, City of Naples, and SFWMD staff to provide .quidance for ~round water resource development, utilization, and conservation. OBJECTIVE: 1.4: ~/~,,,w~, v ,, ,v~v, ~,~v, ..... l"'v~l'v''' 'v ~ ........... · I" ......... ~ I"'~''w "'" ' educ-~.jcnal-mate~als-conc~min.2 ~rc'.:'nd ':.'_~tcr prctc~icn !=cucc in Cc!!icr County. Continue current activities of provid ng the public with educational materials concerning ground water protection issues in Collier County via annual technical publicatioans of ground water quality data collected. ~eneral information publications, speakers' bureau presentations, K-12 classroom presentations. and in-service teacher workshops and seminars. Policy 1.4.1: Advise the public on the appropriate disposal methods for hazardous wastes. Policy 1.4.2: Provide information that can be understood by the general public on Collier County's groundwater system, its vulnerability to cont&:..snation and measures needed to protect it from contamination. OBJECTIVE: 1.5: The County will implement existing plans to preserve critical ground water recharqe areas and ground water resources, and on a biennial schedule, beginning in October 1988, review. evaluate, and revise (if warranted) those plans and actions, based on Cleolo_clic. hydrolo_Qic. hydro.cleoto~l. ic. and anthropc~enic contaminant data aaQreQated during the previous biennium. Policy 1.5.1: Develop technical criteria for determining which areas are critical to the County's long- term ground water needs. Policy 1.5.2: Identify the critical areas and appropriate protective mechanisms. Policy 1.5.3: Identify costs, funding mechanisms and private property rights. Policy 1.5.4: By I October, 1997, implement a local petroleum storage tank cleanup DroQram, especially in identified wellfield protection zones, operating within available State fundinq; Policy 1.5.5: By 1 October, 1997, increase hc ";ehold and Conditionally Exempt Small Quantity Generator (CESQG.) hazardous waste collection. GOAL 2: PROTECTION OF NATURAL GROUNDWATER AQUIFER RECHARGE AREAS FROM ACTIVITIES THAT UNACCEPTABLY ALTER THE GROUNDWATER RECHARGE. OBJECTIVE: 2.1: B,, Au~'ust 4 ~ a~c~ s~,~cif,, !cca! "-~*~'~ ~ .......,~-,,, .he* '~"~ -~ ....' ...... activiti~ do Continue to evaluate and sp~df¥ !~"-.-~! "..~;ted~ locally endorsed criteda (LWCWSP, 1994 and SFWMD "Basis for Review"],~ to ensure that land development activities do not unacceptably alter the timing, and quant ty of ground water recharge Policy 2.1.1: Cominue ~o evaluate the applicability and effectiveness of South Florida Water Management District's Basis for Review desi.qn criteria. and wetland protectjon criteria (Lower West Coast Wmer Supply Plan) for maintainin.q water table elevstions and rechar.qe in Collier Counb/. Policy 2.1.2: Provide guidance for defining what is meant by preservation of site ground water recharge ~aracteristics. Policy 2.1.3: Undertake other evalumions as necessary to accomplish this o~iective. Policy 2.1.4: Incorporate these criteria into ~ the existing Groundwater Protection Ordinance.