Ordinance 89-033ORDINANCE NO. 89- 33
AN ORDINANCE REPEALING ORDINANCE NO.
88-79 WHICH ESTABLISHED AND IMPOSED
A MORATORIUM ON THE ISSUANCE OF BUILDING
PERMITS OR CERTIFICATES OF OCCUPANCY IN
AREAS WITHIN A PART OF THE JURISDICTION
OF THE COLLIER COUNTY WATER-SEWER DISTRICT;
PROVIDING CONFLICT AND SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier
County, Florida, adopted Ordinance No. 88-79 on October 18, 1988
which established and imposed a moratorium on the issuance of
building permits or, upon compliance with specified conditions,
certificates of occupancy in areas within that part of the
Jurisdiction of the Collier County Water-Sewer District described
and defined in said Ordinance as the "Area of Concern"; and
WI{EREAS, Collier County Ordinance No. 88-79 provides a
variance procedure to the moratorium by requiring the p.rop_~e, rty
owner to provide certification of necessary fire flows te~ ~
which are to be conducted on four (41 consecutive weekdays~t~n
certain designated hours; and ~-~ -u
WHEREAS, water distribution system improvements have ~en ~ ~
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constructed and placed into service within the "Area of Co~rn®
which have increased the capacity of the potable water
distribution system in the North Naples Water System Area to
provide the required peak daily water usage flows and fire flows
necessary to meet the demands of the area; and
WHEREAS, reduced water pressures within the "Area of
Concern" are primarily the result of restrictions placed by the
South Florida Water Management District due to declared water
shortages within Collier County; and
WHEREAS, the South Florida Water Management District has
agreed that temporary increases in pressure are necessary to
conduct fire flow tests for the issuance of building permits or
certificates of occupancy; and
WHEREAS, the £epeal of Ordinance No. 88-79 and the fire flow
testing requireme~t~ contained therein will result in the
necessity of increased pressure to conduct fire flow tests only
one time per applicant and only on an "as needed" basis;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Repeal of Ordinance No. 88-79
Collier County Ordinance No. 88-79 which established
and imposed a moratorium on the issuance of building permits or,
upon compliance with specified conditions, certificates of
occupancy in areas within that part of the jurisdiction of the
Collier County Water-Sewer District described and defined as the
"Area of Concern" is hereby repealed in its entirety.
SECTION TWO: Conflict and Severabilit¥
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
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 THREE: 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.
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.'"'JA~Eg'~.C~ FdZJDES, Clerk
~pp'ro~Or "a~':to fora and
lO,all lh~fictency:
Kenneth B. Cuy ,~F~
County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLI~UNTY, FLORIDA
BURT ~4. SAUNDE'RS, Ch~rman
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, 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. 89-33
which was adopted by the Board of County Commissioners on the
6th day of June, 1989, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 7th
day of June, 1989.
JAMES C. GILES
Clerk of Courts and Clerk
Ex-officio to Board of
Count~.Commissioners
By: ~s/Virginia Magri
Deputy Clerk
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