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Ordinance 90-010 ORDINANCE NO. 90 10 ~ ORDIN~CE ~ENDING O~IN~CE IIO 74-50, A~- ~ENDED, BY ~ENDING ~TICLE I, SECTION 1.01%~y.. ~ %.% ADDING TO THE P~OSE THE ~OPTION OF THE R~.:O~ THE SO~H FLORIDA WATER ~AG~ENT DISTRI~; ~D~NG ~,~'~' THE TITLE TO ~TICLE II, BY ADDING CERTAIN OF THE FLORIDA ADMINIST~TIVE CODE; ~ENDING II SECTION 2.01, PE~IT REQUIRED, ~WFUL, BY ~DING CERTAIN PROVISIONS OF THE FLORIDA ADMINIST~TIVE CODE; ADDING CERTAIN PROVISIONS OF BASIS OF R~I~ FOR S~FACE WATER PE~IT APPLICATIONS WITHIN THE SO~H FLORIDA WATER ~NAG~ENT DISTRICT; ADDING CERTAIN DESIGN CRITERIA FOR DISC~GE ~D OFFSITE DISC~GE ~D PROVIDING LOCAL GOVE~ENT CRITERIA FOR D~INAGE AND FLOOD PROTECTION DESIGN; ~ENDING S~ION ~O, PENALTY, IN ACCORD~CE WITH SE~ION 125.69, F~RIDA STATUES; PROVIDING FOR CONFLICT.~D S~E~BILITY; PROVIDING ~ EFFECTIVE DATE. WHEREAS, Section 373.016, Florida Statutes, vests in the Florida Department of Environmental Regulation or its successor agency the power and responsibility to accomplish the conservation, protection, management, and control of the waters of the State and with sufficient flexibility and discretion to accomplish these ends through delegation of appropriate powers to the various water management districts; and WHEREAS, the South Florida Water Management District was established in 1976 in accordance with Chapter 373, Florida Statutes, with the boundaries of the South Florida Water Management District being described in such a manner as to ~nclude all of Collier County; and .: WHEREAS, the South Florida Water Management District in 1981 initially adopted the following Chapters of the Florida Administrative Code, pursuant to the provisions of Chapter 373, Florida Statutes, Chapter 17-40, Florida Administrative Code and Title 40E, Florida Administrative Code: 1.) 40E-2 'Consumptive Use '' '' 2.) 40E-4 Surface Water Management 3.) 40E-20 General Water Use Permits 4.) 40E-40 General Surface Water Management Permits and subject to amendments; and Collier County Growth Management Plan, Ordinance WHEREAS, the No. 89-05 adopted by the Board of County Comm~ssioners on January " Words s~-~h are deleted; words ~ are added. 10, 1989 provides for the County to make every reasonable effort to ensure the public safety, health and welfare of people and property from the effects of hurricane storm damage; and WHEREAS, Policy 3.1 C. of the Future Land Use Element of the Collier Growth Management Plan requires that the County regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management. This shall be accomplished through continued adherence to South.Florida Water Management District Surface Water Management regulations; and WHEREAS, Policy 13.1.7 of the Conserva~ion and ~oastal Management Element of the Collier County Growth Management Plan requires that the County's land development regulations shall include mitigation policies addressing flood plains, beach and dune alteration and storm water management; and WHEREAS, it is necessary and in the public interest to amend Ordinance No. 74-50, as amended, to reflect the changes in Florida laws and regulations. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: °. SECTION ONE. Amendments to Article I, Section 1.01 of Ordinance No. 74-50 Article I, Section 1.01 of Collier County Ordinance No. 74-50, as amended, is hereby amended to read as follows: 1.01 Purpose The purpose of this Ordinance is to amend Collier County 9rdtnance No. 74-50. as amended, and establish the Water ~naqement Policy of Collier County, Florida to effect, within th9 limits of the authority allowable by the adopted Rules of tbe South Florida water Management District and separately thQ$~ Drogects exempt from the South Florida Water Management District regulations, the maximum beneficial use, development, conservation and protection of the water resources of the County in the best interest of the public and to prevent the depletion, ? deterioration, waste, and unreasonable use of water resources. · Words s~ruc~-throu~h are deleted; words ~ are added. The following regulations are established to control all water within the geographic boundaries of Collier County to carry the intents and purposes of the Florida Water Resources Act of 1972, Chapter 373. Florida Statutes, as amended and of this Ordinance. SECTIO. TWO. ~endments to the Title of Article II of ordinance No. 74-50, as amended. The title of Article II of Ordinance No. 74-30, as amended, is hereby amended to read as follows: STANDARDS FOR ISSUE OF PERMITS, REVOCATION, MODIFICATION AND PRIORITY CLASSIFICATION; PROVISION FOR WATER SHORTAGE EMERGENCIES; I~gORPQRATION OF CHAPTERS 40E-2. 40E-4. 40E-20 AND 40E-40. FLORIDA ADMINISTRATIVE CODE: INCORPORATION QF LOCAL JURISDICTIONA~ PERMIT.REOUIREMENTS FOR CHAPTER 40E-4. SECTION THREE. Amendments to Article II, Section 2.01 of Ordinance No.74-50, as amended. Article II, Section 2.01 of Ordinance No. 74-50 is hereby ~' amended to read as follows: 2.01 Permit Required, Unlawful . . ~ · 1. It shall be unlawful without first obtaining a permit as ~ required by this Ordinance, for any person, firm, corporation'~or other legal entity, including a land owner, lessee or other person with the right or duty to control the use of land;r-er-~er-a~y o~he~_ae3en~~ (a) to use, divert, or withdraw any water within Collier County; (b) to construct, aiter, operate, maintain or abandon any dam, impoundment, reservoir, appurtenant work or works in Collier County; .. (c) to begin construction of any project to artificially recharge any aquifer or intentionally introduce water to any underground formation in Collier County; (d) to discharge industrial or commercial waste or public, municipal or private sewage effluent into . Words struc~-th~eu~h are deleted; words underlined are added. the waters, adjacent soils or underground formations of collier County by surface discharge, deep-we}}-*m~ee~en? or uther method; (e) to connect or place ~ructure in, on, under or across project works, as defined herein, or otherwise mar use of project works or lands of the County. · EXCEPTION: '. No land owner shall be denied a permit to withdraw water from his land for his reasonable-beneficial'domestic'use. 2. A. Each application for a permit shall be accompanied by a non-refundable fee as established from time to time by resolution of the Board of County Commissioners and shall be filed with the County Manager in a form to include, but not be limited to the following information: (a) date the application is filed; (b) name and address of the applicant (if a corporation, address of the local and principal i business office); °- (c) the source of water supply (if a lake, spring, river, stream or other surface water, the name generally used in the vicinity-if a ground water source, so state); ~d~--we½~-cl~ame~er~-eas~ng-elep~h?-~e~a~-depth-and-eam~eg Ce ~) the quantity of water applied for, the use to be . il made of the water and any limitation including the ''g nature of the use, method of withdrawal or .. diversion, and facts upon which the amount of water requested is based; (f 9) the place and land area where the water is to be , used; (g I) the location of-the-we~r-e~-~o~ the surface water the point of diversion; .~ Words s~ue~-~h~eugh are deleted; words ~ are added. (h ~) the total land area owned or leased by tha ~! applicant from which water is to be withdrawn; ~'~ (~ h) the signature of the applicant or his agent (if a i representative capacity, attach proof of authority - if a corporation, public district, county, municipality, etc., include a certified copy of the ~ authority by which the application is made); (9 1) other information required by th~ .Board. B. The Board of County commissioners shall have the authority to effect changes in the nonLrefundab~e application fee for wa~er-we~ permits by adoption of a Resolution. ~, 3. The application must be presented to the County ~. Manager's Office no later than thirty (30) days prior to date of the Water Management Advisory Board meeting during which the , .~, application is to be heard. Ten (10) days prior to the hearing i' ..~.:~: the'application will be included on the Agenda and the applicant ~ ~. ~ 4. The Board shall hold a hearing on each application for a ~ ' .~ permit unless; · : (a) the application or use ks for less than 100,001 ~. gallons per day; .'f (b) the application ks for less than 1,000,001 gallons :, ~., per day, and there are no substantial objections to " the application. The Board, after proper investigation may approve the application without.a hearing. :.i 5. All building permit applications requiring review and approval of a water management system, design shall be charged a review fee. The Board of County Commissioners shall establish, and adopt, by Resolution, a schedule of fees for building permit related water management system design review and approval . pertaining to this Ordinance. The schedule of fees shall be ? posted in the off,ce of the Building Department and the Development Services Department and the resolution establishing 5 '/ Words s~ruek-~hreugh are deleted; words AUl~ ars added. ,.' such fees shall he on file with the Clerk to the Board The ~? .. echedule of fees may be changed in accordance with standard i.. c resolution adoption and amendment procedures of the Board of -; County Commissioners and repeal or a~endment of the schedule shall ;~,, not be subject to the procedure otherwise necessary for amendment I i~ of this Ordinance. ii''i '~": ~ f~l~Pters 40E-2. 40E-4. 40E-20 and 40E-40. Florida Administrative Code. as same may be amended from 'time to time. incorporated herein by reference as a part of this 'Ordinance. 7. In ~ccordance with the provisions'of Chapter 40E-4. Florida Administrative CQde, Section 40E-4.091(1]fa} and the "Basis of Review for Surface Water Permit Applications within the South Florida Water Management District - April. 1987" Section 3.2. as these twQ documeot$,~y be amended from time to time. the followinu local design criteria shall be used in Collier County: A. Section 3,2,1,~,: Dischar~e - Of(site dischar~e contributed bva development is limited to amounts which will not cause adverse off.site impacts. These amounts Day be ~eter~De~ by: (most restrictive applies] a) ,Historic pre-development discharges: b) Amounts determined in previous SFWMD permit actions; c__[ Amounts specified in SFICMD criteria (Basis of Review ApPendix 21: d} ~ou~t$ based on system capacity for selected County primary outfall canals, unless special e~qiPeerin~ studies are provided bY ~ Registered Professional Engineer. shall be as .. follows: Words struek-~hl~eu~h are deleted; words 1t~ are added. 037 490 ------- m ~LLOWABLE POST-DEVELOPMENT DISCF~%RGE FOR~S ~ ~'~ FOR COLLIER COUNTY CANALS CANAL ALLOWABLE RUNOFF ,. DESIGN FREO./DUR. ~IRPORT ROAD NORTH 25.6 CSM ¢0.0~4 cie;acre) 25 vear; 3 da~ ~UBBASIN '% :"?~IRPORT ROAD SOUTH $$,4 CSM (0.06 cie/acre) 25 year/ 3 da~ SUBBASIN i~!~th of Vanderbilt Beach Rd.) '. :?COCOHATCHEE CANAL BASIN 25.6 CSM (0.04 cfs;acre) 25' year! 3 dav .~LELY CANAL BASIN ~B,4 ¢$M (0.06 cfs;a6re) 25 v~ar! 3 da~ e) In all other areas of the County off-site discharge shall not be in excess of 0.15 cie/acre. Variation, to the abov, requirgm,nts may be allowed with County staff approval based upon special enaineerina studies prepared bv a Reqistered Professional En~ineer. Unles~ otherwi~e specified bv previous SFWMD permits or .SFWMD criteria, a storm event of 3 day duration and 25 year return frequency shall be used in commutin~ off-site discharge. Allowable..dischar~es will be desi~nated by ~FW~D on a case bv case basis UPOn request. ~. Section 3.2.1.3.: .bocal Government Criteria - DestgDs ~hall Provide drainage and flood protection in accordance with ~h9 ~ol!owin~: (1) Roads & Parkin~ Lot Travelwavs Frecuencv - 25 Years Duration - 3 Day~ (2) Parkin~ Ar~as ' Frequency- 10 Years Duration. - 1 Days C. Section 3.2.2.2.a.~,~ Dry detention volume shall be provided e~ual to 75% of the amounts computed for wet detention, but ~ot less than one inch (1") of runoff. ? Words s~uc~-%hreugh are deleted; word~ ~ are added. 037i 491 ~:' ~OOK IG[ IL. Section 3,2,2,2,a,3= Rotontion volume ahall be provided oaual to 50 percent of the above amounts computed for wet detention but not less than one inch ¢1"~ of runoff. Retention vol~ Included in flood protection calculations reauires a demonstration of auarantees of lone term operation and maintenance of system bleed-down abilitvL This must Dormal%¥ consist of proof of excellent soil percolation rates by an approved field test for determinina hydraulic ~onduG~ivi~y .(ex,.BPOe; cQas~l ridge sands] or an operations entity which specifically reserves funds fo~ operation. maintenance and replacement. E. Section 3.2.2.2.b.: Commercial or industrial zoned projects shall provide at least one half inch of dry detention or retention pretreatment as part of the required retention/detention, uhless reasonable assurances can be offered that hazardous materials will not enter the project's surface water manaaement system. Such assurances may include de~d restrictions on sale property occupancy, recorded leas~ a~reements, local aovernment restrictive codes, ordinaR~, licePse$, engineered containment systems, etc. fNote: Pretreatment shall be inclu~ In the net reouired retention/ detention per 3.2.~.~.a after credits earned from, 3.2.2.2.c and e. as amended]. water surface and roofed areas can be deducted from site areas for water ~ualitv pervious/impervious percentage calculatio~ ~nly, Roof aveas can be deducted only if there is a direct connection from the roof drainage to the receivin~ water. Direct .. connection shall be PiPed or such a short d~ance so to not Dick U~ pollutants durin~ transportation to the detentionlretentto~ area. G. For those prodects exempt from $~D regulations in accordance with Chapter 40E. Section 4.053. only Section 3.2.~ (W~ter oualitv~ of "Basis of Review" shall be regulred as amende~ 8 Words s~ruek-~hreueJh are deleted; words lln~ ara added. bv Sections C.D.E.& NOTE: The county Manager may issue a permit.% for an agricultural use without a hearing after receiving information and data substantiated by the County Agricultural Agent which demonstrates the reasonable beneficial use of water and its availability from the source designated. ,.. SECTION FOUR. Amendments to Section Two of'Ordinance No. 74-$0, as amended. ,', Section Two of Ordinance No. 74-50, as amended, is hereby · %: amended to read as follows: ~ Penalty. A-vie~at~en-e~-any-previs~en-e~-th~s-Or~na~,e-~e-a > m½s~emeanor-~-shak~-be-preseeu~e~-~-She-~ame-e~-~he-S~e~e-~ "~ the-eeunt~-eeurt-by-the-Preseeut~n~-A~orne~r-a~d-upen-ee~v~eS~e~ ~ shat~-be-punished-by-a-f~ne-ns~-t~-e~eeed-$SeO?OO-e~-~y &tmpr atsemme m~- ~ n-ehe-eeuntay-o~a ;, ~,-nee-te-exeeed-60-daysr-ee-by-beth m~saemeane== Any person who violates any section or provision of this ordinance shall be prosecuted and punished as provided by Section 125.69. Florida Statutes. Each day the violation continues ah~ll constitute a separate offense, Add~tionallv. the Board may ... ~ brin~ suit for damages or to restrain, enjoin or otherwise prevent '~ the violation of this Ordinance in the'circuit court of Collier ~ Countv. ,~. SECTION FIVE. 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 this ordinance is held invalid or unconstitutional by any court of , Words struek-threueJh are deleted; words ~ ars added. ,oo 03%'.:493' competent Jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining SECTION SIX. EFFECTIVE DATE This Ordinance shall become effective upon receipt of notice from the secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of Cour{ty Commissioners of Collier County, Florida, this 23rdday of January , 1990.. .'~EST: ' .~ BO~D OF CO~TY CO~ISSION~S J~ES C. GILES, CLE~ COLLIER CO~TY, F~RIDA ~p~'f'~s to f6rm and legal ~uf ficiency: Words steuek-threu§h are deleted; words U~ are added. STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the '.:i Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance 90-10 which was adopted by the Board of County Commissioners on the .23th day of January, 1990, during Regular Session WITNESS my hand and the official seal of the Board of Coun~g Com~issionor~ of Coll~or Coung~ Florida, thi~ 26th ' dag of January, 1990. JgS C. GILES .~u ...... ~., .-~ Clerk of Courts and Cl~r~" _.."' .. :/. Ex-officio to Board of:~' ':' ' County Commissioners J '. . .. ~s e~ 'f~' ;~ '~ /Maure .-', , ...',~, :,~ Deputy Clerk . ~?'~',~'~'~ '- . ...........................