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Ordinance 70-02County Ordinance No. 70-2 AN OKDINANCE ESTABLISHING A SALINITY LINE IN COLLIE~ COUNTY; DEFINING A SALINITY LINE; DESCq{IBING THE SAID SALINITY LINE; P~OVIDING THAT IT SHALL BE U~uA~rFUL TO CONSTRUCT CERTAIN CANALS OR TO MAKE EXCAVATIONS LANDWARD OF SAID LINE; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is deemed by the Board of County Commissioners of Collier County to be advisable for the health, welfare, safety and public good and for the pre- servation and conservation of the fresh water resources of the County to establish a salinity line as hereinafter defined in Collier County, pursuant to the authority conferred on the several counties of the State by Article VIII, Section 1 (f) of the Constitution of 1968 and H. B. 235 enacted by the 1969 LeEislature in pursuance thereof, NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIE~ COUNTY, FLORIDA: SECTION 1. Definition: ~he term "salinity Line" as used herein shall mean a salt water barrier line located Eenerally alonE the coast line of the Gulf of Mexico in Collier County, landward of which no salt water intrusion by means of .man-made excavations or construction will be permitted. SECTION 2. There is hereby established in Collier County a salinity line described as follows: Page One of Four Beginning at the Northwest corner of the North east ~ oE Section 5, Township 68 South, Range 25 East, Tallahassee Meridian, Collier County, Florida the Point of Beginning; thence S 00e 33' E 2,599.60 fee~ along the North-South ~ line of said Section 5, which is in the right-of-way of West Avenue of Bonita Shores, Unit No. 1, es recorded in Plat Book 3, at Page 1 of the Public Records of Collier County, Florida; thence continue S 00° 33' E 650.00 feet along said North-South k line, which is in the right-of-way of West Avenue, to the Southeast comer of Bonita Shores Unit 2, as recorded in Plat Book 3, at Page 63 of the Public Recordssof Collier Coun~y~ Florida; thence Southerly 2220 feet, more or less~ to a point on the South line of said Section 5~ and 2,650.feet Westerly of the Southease comer of Said Section $i thence Southerly 6,755 feet~ more or less, to a point, ~htch is 1,860 feet Westerly of the East Line of Section $, said Township and Range, at a point 6,688 feet Southerly of the Northease comer of said Section 8; thence Southeasterly 3,950 feet, more or less, to a point on the extended centerline of State Road S-855 B and 280 Feet Westerly of the c~terline of the intersection'of State Road S-865 A and said S-865B centerline extended; thence Easterly along said extended centerline 280 feet to the said intersection of Scale Road S-865 A and S-865 Bi thence continua easterly along s/id centerline o£ State Road S-865 B to the centerline o£ the Tami~mi Trail (U.S. 61); thence Southerly along said cencerline o£ the ?amiami Trail (U.S.61) to the centerline of Walkerbilt Road; thence Westerly along said centerline of Walkerbilt Road and its extension to the centerline of State Road S-865 A; thence_,$_0uthe~lv ¢).,J P~ge Two of Four along said State Road S-865 A and the centerline of Vanderbllt Drive of Conner's Vanderbilt Beach Estates, Unit No. 3, as recorded in Plat Book 3, at Page 89, in the Public Records of Collier County, Florida; to the centerltne of State Road S-862; thence S 80' 30' E 325 feet along the said centerline of State'Road S-862, the bearing used is from Conner's Vanderb~lt Beach Estates Unit No. 1, as recorded in Plat Book 3 at Page 8 of the Public Records of Collier County; thence Southerly to a point on the North line of Section Township 69 South, Range 25 East, said point'being Westerly 3,960 feet from the Northeast corner of said Section 6; thence Southerly to a point on the North line of Section 9, said Township and Range, said point being Westerly 3,160 feet from the Northeast corner of said Section 91 thence Southerly to a point on the North line of Se6tion 16, said Township and Range, said point being S 89" 28' 60" W 480.20 feat from ~he North ~ corner of said Section 16, as recorded in Seagate. Subdivision 'in Plat '' Book 3, at Page 85 of the'Public Records of Collier ' ' County, .Florida; thence N89" 28' /~0" E along said North' :. Line 680.20 feet to the said North ~ corner of said Section 16; thence S 00' 45' 40" E along the East line of said Seagate Subdivision, Unit No. 1, 1,327.70 feet to the South- east comer of said Seagate Subdivision Unit No. 1; thence S 89' 23' 20" W along the South line of said Seagate Subdivision, Unit No. 1, 502.96 feet to a point thence Southerly to a point on the South line of Section 21, Township 69 South, Range 25 East, and 2,610 feet Westerly of the Southeast corner of said S~ction 21, thenc~ .Easterly along said South line of said Section 21 to the Southeast corn[~of t P~ s ~"of Section 22, said TownshtD and Range; ~.henc;"~6utherly..along the..North- South ~ line of Section 27, said Township and Range to the Southwest corner of the Southeast ~ of said Section 27; thence Easterly along the Section line to the Southeast corner of said Section 27; thence Southerly along the East lines of Section 34, Township 49 South, Range 25 East and Sections 3 and 10, Township 50 South, Range 25 East to the centerline of Marlin Drive as recorded in OR Book 24 at Page 571 of the ~ubltc Records of Collier County, Florida; thence Easterly along said centerline of Marlin Drive and its extension through "Land Yacht Harbor Mobile Home Park" to the West line of ~hitehurst's Re-plat as recorded in Plat'Book 5, at Page 1 of the Public Records of Collier CounCy, Florida; thence Southerly along the said West line to the centeg[me ofl Becca Avenue; thence Easterly along said centerline of Becca Avenue to the centerline of S~ate Road S-858 (Kelly Road); thence Southerly along said centerline of Kelly :- Road to the centerline of Lakeview Drive runningEast and West, lying in Gulf Shore Subdivision aa recorded in Plat Book 4, at Page 50, of the Public Records of Collier~ County, Florida; thence Westerly along the centerline of said Lakeview Drive and the extended centerline of said Lakeview Drive to the extended centerline of Palm Street from the North, as recorded in OR Book 24, at Page 511 of che Public Records of Co~lier County, Florida; thence Southerly along said extended centerline of Palm Stree~ from the North co the extended centerline of Barrett Avenua from' the East, as recorded in Plat Book 4, at Page 17 of the Public Records of Collier County, Florida;'~hence Westerly Page Four of Four along the said extended centerline of Barrett Avenue from the East, a distance of 550.00 feet to a point; thence Southerly along a line parallel to the ex:ended cen:erltne of ~alm Street from the North to the Centerline of Bay Street of the Plat of Naples Bayview Addition No. l, as recorded in Plat Book 4~ a: Page 20 of the Public Records of Collier County, Florida; thence Easterly along said centerline of Bay Street to the centerl~ne of Fern Street of said Plat of Naples Bayview Addition No. l, which also is the end of State Road $-858; thence Southerly along the extended centerline of said Fern Street ~nd State Road S-858 to the South line ~ Section 23, To%rnship 50 South~ Rahge 25 East; thence Easterly along the Section line to th~ Southeast corner of Section 24, said Township and Range; thence Southerly alon$ the Section line to the Southwest corner of Section 31, Township 50 South, Range 26 East; thence Easterly along the Section line to the Centerline of the Barefoot Williams Road (old county road to Marco); thence Southeasterly along said centerline of Barefoot Williams Road to the intersections of Shell Island Road, old county road to Marco at Old Marco Junction - Royal Palm Hammock Road; thence along the centerline of Old Marco Junction - Royal Palm Hammock Road, Northeasterly,. Southeasterly, Northeasterly, and.Easterly, Southeasterly,.' Northeasterly, Southeasterly, and Easterly and Southeasterly along said centerline of the Tamtam~ Trail (U.S. 41) to the West line of Section 6, Township 53 South, Range 31 East; thence Southeasterly to the Southeast cor~er 6f Sectiom 36, said Township and Range, which'is on the Monroe County Line being the point of ending. SECTION 3. It shall be unlawful for any person, group, corporation or any other entity of any kind to make, dig or construct any canal or other excavation of any kind across and landward of the salinity line above described, which canal or excavation is connected to, extends into or is a part of any body of salt water or sea water without first obtaining a written permit to do so from the Board of County Commissioners. SECTION 4. Standards for obtaining said written permit shall be the presentation of written plans and speci- ftcacions for the construction of a salt water barrier weir or dam approved by the county engineer approved on the basis of: a. Permanency of construction materials b. Ability to exclude salt. water from fresh water acquifiers on the basis of depth, height, length&~breadth of the weir c. Location at the salinity line d. Construction schedule in point of time which will not permit salt water intrusion during construction of the canal or other excavation SECTION 5. Violations' of this Ordinance shall be punishable as provided by law. SEGTION 6. This Ordinance Shall take effect upon receipt by the Board of County CommissiOners of Collier County of official acknowledgment from.the office of the Secretary of State that it has been filed. J BOOK