Ordinance 88-077ORDINANCB NO, 88- 77
AN ORDINANCE AMENDING COLLIER
ORDINANCE NO. 74-50, AS AMENDED,
ADDING A SUBSECTION UNDER ;tRTI CLE
SECTION 2.01 WHICH REQUIRES A R~IEW FEE
FOR WATER MANAGEMENT SYSTEM DESIGNS
ASSOCIATED WITH BUILDING PERMIT
APPLICATIONS AND ESTABLISHES THAT T}IE FEE
THERETO SHALL BE EFFECTED BY RESOLUTION
ADOPTED BY T~E BOARD OF COUNTY
COMMISSIONERS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Collier County Ordinance No. 74-50 was created to %
establish the Collier County Water Management Policy to effect
maximum beneficial use, development, conservation, and protection
of the water resources of Collier County, Florida; and
WHEREAS, certain Building Permit Applications require review
and approval of water management system designs for conformance to
Collier County Water Management System Design Standards; and
~tEREAS, in order to compensate the County for the actual ·
costs incurred in the processing of building permit ~plications
invol~ing water management system designs, a review f~e ]must be
established and a method provided to adjust such review fee fromm
time to time to properly reflect the actual coats inc,:red in the
review process.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. Collier County Ordinance No. 74-50, ;~tl¢le II,
Section 2.01, as amended, is hereby amended to read as foll~ws:
2.01 Permit Required, Unlawful
1. It shall be unlawful without first obtaining & perm/t as
required by this Ordinance, for any per,on, 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, or for any ~11 or p~
driller, digger or installer or any contractor or other
agent;
(a) to use, divert, or withdraw any water within
Collier County;
Words-stemek-%kEe~k are deleted; words underlined are added.
(b) to construct, alter, 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 Countyl
(d) to discharge industrial or commercial waste or
public, municipal or private sewage effluent into
the waters, adjacent soils or undergro~ld
formations of Collier County by lurface discharge,
deep well injection, or other method;
(e) to connect or place structure In, on, under or
across project works, as defined herein, or
otherwise mar use iof project works or lands of the
County.
EXCEPTION:
No land owner ~hall be denied a permit to withdraw ~ater
from his land for his reasonable-beneficial domestic
use.
2. A. Each application for a permit shall be
accompanied by a non-refundable faa as established from
time to time by resolution of the Board of County
Commissioners and aha11 be filed with the Couitty Manager
in a form to include, but not be limited to the
following information=
(1) Date the application il filed;
(2) Name and address of the applicant (t.f a
corporation, address of the local enid
principal business offtca)~
Words-sk~uek-tkeee~h are doleted; words underlined are added.
(3) The source of water supply (if a 1aloe,
spring, river, stream or other surface wat~r~
the name generally used in the vicinity -
if a ground water source, so etate)~
(4) Well diameter, casing depth, total depth and
casing material;
(5) The quantity of water applied for, the use to
be made of the water and any limitation
including the nature of the use, mthod of ~
withdrawal or diversion, and facts upon which
the amount of water requested is based;
(6) The place and land area where the water is to
be used;
(?) The location of the well, or for surface water
the point of diversion;
(8) The total land area owned or leased by the
applicant from which water ia to be vithdrawnl
(9) The s~gnature of the applicant or his agent
(if a representative capacity, attach proof
of authority - if a corporation, public
district, county, municipality, etc., lnolude
a certified copy of the authority by which the
application is made)~
Other information required by the Board.
B. The Board of County Commissioners shall have
the authority to effect changes in the
non-refundable application fee for water ~11
permits by adoption of a Resolution.
(10)
Words-ot~ek-%kee~h ara deleted~ ~orda underlined are a~ded.
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 the
application will be included on the Agenda and the
applicant will be advised and invited to attend.
The Board shall hold a hearing on each ap,pltcat£on
for a permit unless;
(a) the application or use is for less than
100,001 gallons per day;
(b) the application is for less than 1,000,001
gallons per day, and there are no lubstantial
objections to the application. The Board,
after proper investigation may approve the
application without a hearing.
All building permit applications requiring review
and aporoval of a water management system design
shall be charged a review fee. The Boar,~ of Co~t~
Commissioners shall establisht and adopt, by
Resolution, a schedule of fees for bull,ding ps.alt
related water management system design
review and approval ~ertain~ng to this Ordinance.
The schedule of fees shall be posted in the office
of the Buildin~ Department and the Development
Services Department and the resolution establi~_hing
such fees shall be on file with the Clerk to the
Board. The schedule of fees may be changed in
accordance with standard resolution adoption and
amendment procedures of the Board of County
Commissioners and repeal or amendment of the
schedule shall not be subject to the procedure
otherwise necessary for amendment of thJ. s
Ordinance.
Words-et~ek-theem~h are deleted; words underlined are added.
NOTEs
The County Manager may issue a perm/t for an
agricultural use without a hearing after receiving
information and data subltantiated by the County
Agricultural Agent which demonstrates the
reasonable beneficial use of water and ].ts
availability from the source designated.
SECTION TWO. CONFLICT AND SEVERABILITY.
If any section, subsection, sentence, clause, phrase o= portion of&
this Ordinance ia, for any reason, held invalid or
unconstitutional by any Court of competent Jurtsdiction~ such
~ortion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect the validity of the
remainder hereof. In the event this Ordinance conflict~! with any
other appropriate law, the more restrictive shall apply. If a31y
part of this Ordinance conflicts with any other part, it shall be
severed and the remainder shall have full force and effl~ct and
shall be liberally construed to effect the purpose hereof.
SECTION THREE. EFF~.CTIVE DATE.
This Ordinance shall be come effective on October 1, 1928.
I'ASSED AND DULY ADOPTED by the Bosrd of Cou~y~ssioners
of Collier County, Florida, this .~ day o~~--_, 1988.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
'JAR~S C. GILES, Clerk
· ",~%~ ~,~
~.. "A~p~ovea 'as to term a~d : legAk. ~uffiuiency~
~'~)~ Kenneth~ B. -tuy~-
Count~ Attorne~
h. SAUNDERS, Cha[rman
Words-etevek-tkeougk are deleted~ words underlined are a, dded.
STATE OF FLORIDA )
COUNTY OF COLLIER ) '-
I, JAMES C. GILES, Clerk o! Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of=
Ordinance No. 88-7?
which was adopted by the Board of County Commissioners c,n the
27th day of September, 1988, during Regular Session.
WITNESS my hand and the official seal o~ the Board of
County Commissioners of Collier County, Florida, this 28th
day of September, 1988.
JAMES C. GILES .'~..
Clerk of Courts and Cle~.]~ '.
Ex-officio to Board of~ ,.
CounL~o~lseioner~ ~ · ' ' .~..': ..
~puty Clerk
032 202