Ordinance 2013-09p I LL
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ORDINANCE NO. 13- 0 9
ATI ORDINANCE AMENDING ORDINANCE NUMBER 89-05, AS
AJIENDED, THE COLLIER COUNTY GROWTH MANAGEMENT
PLAN FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE NATURAL
GROUNDWATER AQUIFER RECHARGE SUBELEMENT OF THE
PUBLIC FACILITIES ELEMENT TO PROVIDE FOR 2011
EVALUATION AND APPRAISAL REPORT (EAR) BASED
AMENDMENTS TO THE GROWTH MANAGEMENT PLAN; BY
PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN,
EFFECTIVE DATE.
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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
participation throughout the 2011 -12 plan amendment process; and
WHEREAS, Collier County did submit the 2011 -12 Growth Management Plan
amendments to the Department of Economic Opportunity for preliminary review on May 03,
2012; and
WHEREAS, the Department of Economic Opportunity did review and did not make
written objections to the 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 60 days from receipt of the Objections,
Recommendations and Comments Report from the Department of Economic Opportunity to
adopt, adopt with changes or not adopt the proposed amendments to the Growth Management
Plan; and
WHEREAS, the Collier County Planning Commission held a public hearing on the
adoption of the amendments to the Growth Management Plan on October 30, 2012; 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
amendments to the Growth Management Plan on January 8, 2013; and
met.
WHEREAS, all applicable substantive and procedural requirements of law have been
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Words underlined are added; words struck through are additions; words with
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SECTION ONE: ADOPTION OF AMENDMENTS TO THE NATURAL GROUNDWATER
AQUIFER RECHARGE SUBELEMENT OF THE PUBLIC FACILITIES
ELEMENT OF THE GROWTH MANAGEMENT PLAN.
The Board of County Commissioners hereby adopts the amendments to the Natural
Groundwater Aquifer Recharge Subelement of the Public Facilities Element attached hereto as
Exhibit "A" and incorporated herein by reference.
SECTION TWO: 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.
SECTION THREE: EFFECTIVE DATE.
The effective date of these plan amendments, if the amendments are not timely
challenged, shall be 31 days after the state land planning agency notifies the local government
that the plan amendment package is complete. If timely challenged, these amendments shall
become effective on the date the state land planning agency or the Administration Commission
enters a final order determining this adopted amendment to be in compliance. No development
orders, development permits, or land uses dependent on these amendments 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 state
land planning agency.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County this Cr day of January, 2013.
ATTEST:
DWIGHT E..;BROCK, CLERK
By: C
y Clerk r
t is to 001mo IN
BOARD OF COUNTY COMMISSIONERS
COLLI 'lb �OYNTY, FLORIDA
BY:
GEORGIA A. HILLER, ESQ.
Chairwoman
Words underlined are added; words struck through are additions; words with
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Approved as to form and legal sufficiency:
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Heidi Ashton -Cicko
Managing Assistant County Attorney
Attachment: Exhibit "A"
This ordinance filed with the
Mry Of ate's Office oy o '
and acknowledgement f that
fiiiTg� received tiN, day
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2011 EAR -BASED ADOPTION - NATURAL GROUDNWATER AQUIFER RECHARGE SUBELEMENT OF THE PUBLIC FACILITIES
Rev. 12/13/12
CP\ 12 -CMP- 00848 \91
Words underlined are added; words struck through are additions; words with
* * * indicates a page break
Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Natural Groundwater Aquifer Recharge Sub - Element —to BCC for Adoption 12 -11 -12
GOALS, OBJECTIVES AND POLICIES [Revised text, page 1]
GOAL: [Rephrased to improve format as a "goal ", revised text, page I]
TT-14E COUNTY SHALL TO IDENTIFY AND PROTECT NATURAL GROUNDWATER
AQUIFER RECHARGE AREAS FROM ACTIVITIES THAT COULD DEGRADE AND /OR
CONTAMINATE THE QUALITY OF GROUNDWATER.
OBJECTIVE 1 (MAPPING AND DELINEATION OF RECHARGE AREAS):
[Rephrased to improve format as an "objective ", revised text, page 1]
The County shall ,.,,.roue to ~ Review every two three years, and revise as necessary, existing
map delineations of County potable water wellfields that are most sensitive to contamination
from nearby land development and other surface activities. The biefurial three -,year review and
any subsequent map revisions will be based on geologic, hydrogeologic, hydrologic, and updated
anthropogenic contaminant data aggregated since the previous revision.
Policy 1.1: [Revised text, page I]
The County shall revise and update its 3- dimensional computer models of gr-eofid wa �
groundwater flow around public water supply wellfields, as additional data (e.g., withdrawal
rates, numbers and locations of wells within wellfields, and hydrogeologic information) become
available.
Policy 1.3: [Revised text, page 1]
The County shall maintain and update data on existing land uses and land use activities that
possess the greatest potential for groundwater contamination.
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Policy 1.5: [Revised text, page I]
This Sub - Element shall incorporate by reference annual recharge amounts for the Surficial and
Lower Tamiami aquifers and deeper aquifers such as the Sandstone and Hawthorne Aquifers, as
described in the South Florida Water Management District's effieial publieatiens da4ed April,
2000 (and seheduled te be published in 2006) Lower West Coast Water Supply Plan, as
amended.
OBJECTIVE 2: (PROTECTION OF GROUNDWATER QUALITY)
[Rephrased to improve format as an "objective ", revised text, page 1]
Protect groundwater from pollutant discharges that may
cause exceedance of applicable Federal and State water quality standards.
Policy 2.0.1
The County shall protect natural aquifer recharge areas to ensure the highest water quality
practical toward meeting applicable Federal and State water quality standards for groundwater.
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Words underlined are added; words StFUGk thFgugh are deleted.
BCC ADOPTION
Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Natural Groundwater Aquifer Recharge Sub - Element —to BCC for Adoption 12 -11 -12
Policy 2.2: [Revised text, page 2]
Non - agricultural developments requiring an Environmental Resources Permit from the South
Florida Water Management District ( SFWMD) shall preserve groundwater recharge
characteristics as required by the SFWMD and as set forth in the SFWMD's Basis for- R°••i °•••
date 04 Environmental Resource Permit Information Manual Volume IV 2009.
Groundwater recharge shall also be protected through the application of the
retention/detention requirements and allowable off -site discharge rates for non - agricultural
developments specified in Policies 6.2 and 6.3 in the lags Stormwater Management Sub -
Element.
Policy 2.3: [Revised text, page 2]
The County standards for protecting the quality of gFetmd weAer- groundwater recharge within the
wellhead protection areas identified in the Future Land Use Element (FLUE) shall be those
provided in Policy 3. 1.1 of the Conservation and Coastal Management Element.
Policy 2.4: [Revised text, page 2]
[Revised further per SFWMD Comments]
Gellier- County shall evalume the neeessity for- adepting mere sUiageM gr-eund wateF r-eehafge
standards for- High or- Prime Reehar-ge amas within 2 year-s of the SF-VA4D Geveffling Bea
adeptien of sueh areas.-
Collier County will evaluate the development of Low Impact Design Standards as recommended
by the Watershed Management Plan accepted by the Board of County Commissioners on
December 13, 2011.
OBJECTIVE 3 (GROUNDWATER QUALITY MONITORING):
[Rephrased to improve format as an "objective ", revised text, page 2]
The ` eufAy shall eenti ue to ° Collect and evaluate groundwater quality data,
identifying ambient water quality values and trends, comparing analyzed concentrations to
Florida Ground Water Guidance Concentrations, and providing information to water resources
planning and management entities, and to the general public.
Policy 3.1: [Revised text, page 2]
The County shall continue its 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 g d watef groundwater protection program.
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Words underlined are added; words str 4 through are deleted.
BCC ADOPTION 2
Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Natural Groundwater Aquifer Recharge Sub - Element —to BCC for Adoption 12 -11 -12
Policy 3.4: [Revised text, page 2]
The County shall continually gather and evaluate relevant, appropriate and
professionally accepted data for the purpose of refining and improving the groundwater quality
monitoring database used in the County's 3- dimensional gfeond ester- groundwater model.
Policy 3.5: [Revised text, page 3]
Collier County shall continue to conduct water resource planning with appropriate County, City
of Naples, and South Florida Water Management District staff to provide for gFeund —water-
groundwater resource development, utilization, and conservation.
OBJECTIVE: 4 (PUBLIC EDUCATION WITH REGARD TO GROUNDWATER
PROTECTION ISSUES)
[Rephrased to improve format as an "objective ", revised text, page 3]
The County shall _.,a ti fl ° euffe t aetivitie of ~ 'a' Provide the public with educational
materials concerning gr-eoed -wetef groundwater protection issues in Collier County. These may
materials include, but shall net be are not limited to, the preparation of annual technical
publications of groundwater quality data, an informational website for groundwater
quality issues, general information publications, establishment of a speakers' bureau, K -12
classroom presentations, and in- service teacher workshops and seminars.
Policy 4.1: [Revised text, page 3]
The County shall continue to advise the public on the appropriate disposal methods for
hazardous wastes, for the purpose of reducing or avoiding the potential for groundwater
contamination. In performing this task, the County may utilize the public educational measures
listed within Objective 4 of this Sub - Element, or any other measures which may be appropriate.
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OBJECTIVE 5: (PROTECTION OF GRIT- SAD RECHARGE AREAS AND GROUNDWATER
RESOURCES): [Rephrased to improve format as an "objective ", revised text, page 31
The Cetinty shall implement Continue implementing plans to preserve er-itieal
groundwater recharge areas and greued watef groundwater resources, and along_ with
reviewing, evaluateing, and reviser (if warranted) those plans and actions, based on the best
available geologic, hydrologic, hydrogeologic, and anthropogenic contaminant data.
Policy 5.1: [Revised text, page 3]
The County shall develop, and continually update, technical criteria for determining those
recharge areas, which are critical to the County's long -term grid -water- groundwater needs.
Policy 5.2: [Revised text, page 3]
The County shall continue to identify er-itieal recharge areas and appropriate protective
mechanisms.
Words underlined are added; words sgur* tt3reugh are deleted.
BCC ADOPTION
Exhibit "A"
As approved by CCPC on 10 -30 -12
EAR -based GMP Amendments Natural Groundwater Aquifer Recharge Sub - Element -to BCC for Adoption 12 -11 -12
Policy 5.3: [Revised text, page 3]
The County shall continue to identify costs, funding mechanisms and private property rights
issues associated with the protection of ell recharge areas.
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Policy 5.5: [Revised text, page 4]
Collier County shall continue to operate and maintain a hazardous waste collection facility. The
facility shall to five «) days ° week and will accept household and small business
hazardous wastes. Additionally, the County shall continue to hold special events, such as its
hazardous waste collection day, at least `kviee per- ° ^" targeting residential households but also
and allowing small businesses to participate to insure consumer demand is met.
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MAP CHANGES:
1. Map 1, Groundwater Recharge to the Surficial Aquifer
• This map is to be deleted.
2. Map 2, Groundwater Recharge to the Lower Tamiami Aquifer
• This map is to be deleted.
GXDES Planning Services\ComprehensiveQ011 EAR -BASED GMP AMENDMENTSOCC Adoption - EAR -based GMPAslelements\NGWAR_BCC adopts -
CS111 -1 NGWAR Exhibit A EAR to BCC forAdoption.dom
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Words underlined are added; words shsk-threagh are deleted.
BCC ADOPTION 4
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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 and correct
copy of:
ORDINANCE 2013 -09
which was adopted by the Board of County Commissioners
on the 9th day of January, 2013, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of January, 2013.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex- officio to Boa rd- ' of-
County Commissioners
By: Ann Jennejohn;,
Deputy Clerk-