Backup Documents 04/28/2015 Item #17C 1 C
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
. „
To: Clerk to the Board: Please place the following as a:
•"<‘
XXX Normal legal Advertisement D Other:
(Display Adv.,location,etc.)
Originating Dept/Div PUD—Financial Operations Person: Peter Lund Date: April 7,2015
Petition No.(If none,give brief description): Ordinance—SFWMD—Landscape Irrigation
Petitioner: (Name&Address): N/A
Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date:(Based on advertisement appearing 10+days before hearing.) April 28,2015(ad to run no later than
FRIDAY,April 17,2015)
Newspaper(s)to be used: (Complete only if important):
XXX Naples Daily News El Other XXX Legally Required
Proposed Text: (Include legal description&common location&Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,FLORIDA; PROVIDING
FOR LOCAL IMPLEMENTATION OF THE WATER CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF
THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT; PROVIDING FOR INTENT AND PURPOSE;
PROVIDING DEFINITIONS; PROVIDING FOR YEAR-ROUND LANDSCAPE IRRIGATION RESTRICTIONS;
PROVIDING FOR DECLARATION OF WATER SHORTAGE OR WATER SHORTAGE EMERGENCY; PROVIDING
FOR VARIANCES; PROVIDING FOR APPLICATION OF ORDINANCE; PROVIDING FOR ENFORCEMENT
OFFICIALS; PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF ORDINANCE NUMBERS 2002-17 AND
2000-61,AS AMENDED; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Companion petition(s), if any& proposed hearing date: N/A
, Does Petition Fee include advertising cost? E Yes XXX No If Yes,shat account should be charged for advertising costs:
tyk0 PO#4500153831
t Reviewed by:
Joseph G Bellone
Cale 2015.0d1526.17-040,
Division Administrator or Designee Date
List Attachments: Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request
for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
0 County Manager agenda tile: to 0 Requesting Division [:::]Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for tile.
**********************************************************************************x************************
FOR CLERK'S OFFICE USE ON Y: _
Date Received: sDate of Public hearing: (-1 ag CS Date Advertised: %.4
Patricia L. Morgan
From: Lund, Peter
Sent: Wednesday, April 08, 2015 3:41 PM
To: Minutes and Records
Cc: Neet, Virginia; Brock, MaryJo
Subject: Advertising Request for new Irrigation Ordinance
Attachments: Advertising request - Word.pdf; Proposed Ordinance - SFWMD Landscape Irrigation -
SRT signed0000.pdf;Advertising Request - SFWMD Ordinance Amendment.docx
Please find attached the completed Advertising Request and copy of the proposed ordinance.
Thank you
Peter
Peter Lund
Manager, Customer Service & Utilities Education and Compliance
Public Utilities Department/Financial Operations
Collier County
Telephone: (239) 252-2357
Cell: (239) 877-8304
email: peterlund(a colliergov.net
Under Florida Law, addresses are public records.If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity.Instead;contact this office by telephone or in writing.
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ORDINANCE NO. 2015-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA; PROVIDING FOR LOCAL IMPLEMENTATION OF THE
WATER CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT; PROVIDING FOR INTENT AND
PURPOSE; PROVIDING DEFINITIONS; PROVIDING FOR YEAR-ROUND
LANDSCAPE IRRIGATION RESTRICTIONS; PROVIDING FOR DECLARATION OF
WATER SHORTAGE OR WATER SHORTAGE EMERGENCY; PROVIDING FOR
VARIANCES; PROVIDING FOR APPLICATION OF ORDINANCE; PROVIDING
FOR ENFORCEMENT OFFICIALS; PROVIDING FOR PENALTIES; PROVIDING
FOR REPEAL OF ORDINANCE NUMBERS 2002-17 AND 2000-61, AS AMENDED;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the South Florida Water Management District has responsibility and
exclusive authority under Chapter 373, Florida Statutes, for regulating the consumptive use of
water; and
WHEREAS, the South Florida Water Management District has amended Chapter 40E-
24,F.A.C., requiring year-round water conservation for landscape irrigation.;and
WHEREAS, Chapter 40E-24, F.A.C., applies to all users as defined in Subsection 40E-
24.101(14),F.A.C.,including permitted and exempt users under Chapters 40E-2, F.A.C.;and
WHEREAS, Chapter 40E-24, F.A.C., applies to all landscape irrigation regardless of
whether the water comes from ground or surface water, from a private well or pump, or from a
public or private utility; and
WHEREAS, Rule 40E-24.301, F.A.C. provides that a local government may adopt an
ordinance to locally enforce the year-round landscape irrigation water conservation measures;
WHEREAS,it is the desire of the the Collier County Board of County Commissioners to
adopt such an ordinance in accordance with Rule 40E-24.201,F.A.C.; and
WHEREAS, the the Collier County Board of County Commissioners hereby finds and
declares that the adoption of this ordinance is appropriate, and in the public interest of this
community.
NOW, THEREFORE, BE IT ORDAINED BY THE Collier County Board of County
Commissioners of Collier County, Florida that this Ordinance is hereby created to read as
follows:
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WATER CONSERVATION ORDINANCE FOR LANDSCAPE.IRRIGATION
Section 1. INTENT AND PURPOSE
It is the intent and purpose of this Ordinance to implement procedures that promote water
conservation through the more efficient use of landscape irrigation.
Section 2. DEFINITIONS
For the purpose of this Article the following terms, phrases, words, and their derivatives
shall have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural include the singular, and words in the
singular include the plural.
(a) "Address" means the "house number" (a numeric or alphanumeric designation)
that, together with the street name, describes the physical location of a specific
property. This includes "rural route" numbers but excludes post office box
numbers. If a lot number in a mobile home park or similar community is used by
the U.S. Postal Service to determine a delivery location, the lot number shall be
the property's address. If a lot number in a mobile home park or similar
residential community is not used by the U.S. Postal Service (e.g., the park
manager sorts incoming mail delivered to the community's address), then the
community's main address shall be the property's address. If a property has no
address it shall be considered"even-numbered."
(b) "Athletic play area"means all golf course fairways,tees, roughs, and greens, and
other athletic play surfaces; including, football, baseball, soccer, polo, tennis, and
lawn bowling fields and rodeo, equestrian,and livestock arenas.
(c) "Consumptive Use Permit (CUP)" means a permit issued pursuant to Chapters
40E-2,F.A.C.,authorizing the consumptive use of water.
(d) "District"means the South Florida Water Management District.
(e) "Even Numbered Address"means an address, ending in the numbers 0, 2, 4, 6, 8,
or rights-of-way or other locations with-no address, or the letters A-M.
(f) "Existing landscaping" means any landscaping which has been planted and in the
ground for more than ninety(90)days.
(g) "Landscaping" means shrubbery, trees, lawns, sod, grass, ground covers, plants,
vines,ornamental gardens, and such other flora not intended for resale, which are
situated in such diverse locations as residential landscapes, recreation areas,
cemeteries, public, commercial, and industrial establishments, public medians,
and rights-of-way except athletic play areas as defined in subsection 40E-
24.101(6),F.A.C.
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(h) "Low Volume Hand Watering" means the watering of landscape by one person,
with one hose, fitted with a self-canceling or automatic shutoff nozzle.
(1) "Low Volume Irrigation" means the use of equipment and devices specifically
designed to allow the volume of water delivered to be limited to a level consistent
with the water requirement of the plant being irrigated and to allow that water to
be placed with a high degree of efficiency in the root zone of the plant. The term
also includes water used in mist houses and similar establishments for plant
propagation. Overhead irrigation and flood irrigation are not included.
(j) "Landscape Irrigation" means the outside watering of shrubbery, trees, lawns,
sod, grass, ground covers,plants, vines, ornamental gardens, and such other flora
not intended for resale, which are planted and are situated in such diverse
locations as residential landscapes. recreation areas, cemeteries, public,
commercial, and industrial establishments, public medians, and rights-of-way
except athletic play areas as defined in subsection 40E-24.101(9),F.A.C.
(k) "Micro-irrigation"means the application of small quantites of water on or below
the soil surface as drops or tiny streams of spray through emitter or applicators
placed along a water delivery line. Micro-irrigation includes a number of
methods or concepts such as bubbler, drip, trickle, mist or microspray, and
subsurface irrigation.
(1) "New landscaping" means any landscaping which has been planted and
established for ninety(90)days or less.
(m) "Odd Numbered Address"means an address ending in the numbers 1, 3, 5, 7, 9 or
the letters N-Z.
(n) "Reclaimed Water" or Irrigation Quality (IQ)means wastewater that has received
at least secondary treatment and basic disinfection and is reused after flowing out
of a wastewater treatment facility as defined by Rule 62-610.200(48), F.A.C.
(o) "User"means any person, individual, firm,association, organization,partnership,
business trust, corporation, company, agent, employee or other legal entity
whether natural or artificial, the United States of America, and the State and all
political subdivisions, regions, districts, municipalities, and public agencies
thereof, which directly or indirectly takes water from the water resource,
including uses from private or public utility systems,uses under water use permits
issued pursuant to Chapter 40E-2,F.A.C.,or uses from individual wells or pumps.
(p) "Wasteful and unnecessary" means allowing water to be dispersed without any
practical purpose to the water use; for example, excessive landscape irrigation,
leaving an unattended hose on a driveway with water flowing, allowing water to
be dispersed in a grossly inefficient manner, regardless of the type of water use;
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for example, allowing landscape .irrigation water to unnecessarily fall onto
pavement, sidewalks and other impervious surfaces; allowing water flow through
a broken or malfunctioning water delivery or landscape irrigation system
(q) "Water Resources" means any and all water on or beneath the surface of the
ground, including, but not limited to, potable water production wells, IQ water,
natural or artificial watercourses, lakes, ponds, and artificial water features, and
water percolating,standing,or flowing beneath the surface of the ground
(r) "Water shortage" means when the District has determined there is the possibility
that insufficient water will be available to meet the estimated present and
anticipated user demands or to protect the water resource from serious harm.
(r) "Water shortage emergency" means when the District has determined that the
provisions listed in Part II of Chapter 40E-21,F.A.C., are not sufficient to protect
the public health, safety, or welfare, the health of animals, fish, or aquatic life, a
public water supply, or commercial, industrial, agricultural, recreational, or other
reasonable-beneficial uses.
Section 3. YEAR-ROUND LANDSCAPE IRRIGATION RESTRICTIONS
(1) Collier County hereby adopts the rules of the South Florida Water Management
District, Chapter 40E-24.201 F.A.C., and any subsequent additions, deletions or
corrections thereto; and which are set out as follows:
(a) It shall be the duty of each user to keep informed as to the landscape
irrigation conservation measures presented within this section,which
affect each particular water use.
(b) In addition to the specific conservation measures enumerated below,
all wasteful and unnecessary water use as defined in Section 2(p), is
prohibited.
(c) The following requirements or exceptions shall apply to all users
unless specified otherwise herein:
(1) Landscape irrigation shall be prohibited daily between the
hours of 10:00 a.m. and 4:00 p.m., except as otherwise
provided herein.
(2) Irrigation of new landscaping shall comply with the following
provisions:
i. On the day the new landscaping is installed, the new
landscaping may be irrigated once without regard to the
normally allowable watering days and times. Irrigation of
the soil immediately prior to the installation of the new
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landscaping is also allowable without regard to the normal
allowable watering days and times.
ii. The ninety (90) day period begins the day the new
landscaping is installed. The new landscaping shall be
installed within a reasonable time from the date of
purchase, which may be demonstrated with a dated receipt
or invoice.
iii. Irrigation of new landscaping which has been in place for
thirty (30) days or less may be accomplished on Monday,
Tuesday,Wednesday,Thursday, Saturday, and/or Sunday.
iv. Irrigation of new landscaping which has been in place for
thirty-one (31)to ninety (90)days may be accomplished on
Monday,Wednesday,Thursday, and/or Saturday.
v. Irrigation of the new landscaping is limited to areas
containing the new landscaping only. An entire zone of an
irrigation system shall only be utilized for landscape
irrigation under this paragraph if the zone in question is for
an area that contains at least 50% new landscaping. If a
zone contains less than 50%new landscaping, or if the new
landscaping is in an area that will not typically be irrigated
by an irrigation system, only the individual new plantings
are eligible for additional irrigation under this paragraph.
Targeted watering may be accomplished by low volume
hand watering,or any appropriate method which isolates
and waters only the new landscaping.
(2) Landscape irrigation systems may be operated during restricted days and/or times
for cleaning, maintenance, and repair purposes with an attendant on site in the
area being tested. Landscape irrigation systems may routinely be operated for
such purposes no more than once per week, and the run time for any one test
should not exceed 10 minutes per zone.
(3) Landscape irrigation for the purpose of watering-in fertilizers, insecticides,
pesticides, fungicides and herbicides, where such watering-in is recommended by
the manufacturer, or by federal, state or local law, or best management practices,
shall be allowed under the following conditions:
(a) Such watering-in shall be limited to one application unless the need
for more than one application is stated in the directions for
application specified by the manufacturer; and
(b) Such watering-in shall be accomplished during normally allowable
watering days and times set forth in.Paragraphs 1(c)(2), 1(c)(6) of
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this Section, unless a professional licensed applicator has posted a
temporary sign containing the date of application and the date(s) of
needed watering-in activity.
(4) Any plant material may be watered using low volume irrigation,micro-irrigation,
low-volume hand watering methods, and rain barrels, cisterns, or other similar
rain-harvesting devices without regard to the watering days or times allowed
pursuant to this section.
(5) Irrigation of existing landscaping shall comply with the following provisions:
(a) Even addresses, installations with irrigation systems that irrigate
both even and odd addresses within the same zones, such as multi-
family units and homeowners' associations, and rights-of-way or
other locations with no address as defined in Section 2(e), shall have
the opportunity to accomplish necessary landscape irrigation only on
Tuesday and/or Thursday and/or Sunday.
(b) Odd addresses as defined in Section 2(m), shall have the opportunity
to accomplish necessary landscape irrigation only on Monday and/or
Wednesday and/or Saturday.
(6) In the absence of a declaration of a water shortage condition or water shortage
emergency within all or any part of Collier County by the Governing Board or
Executive Director of the District, the landscape irrigation restrictions or other
measures adopted by the District applicable to Collier County or any portion
thereof shall be subject to enforcement action pursuant to Section 6 below. Any
violation of the provisions of Chapter 40E-24.201, F.A.C. or this Ordinance shall
be a violation of this section.
Section 4. DECLARATION OF WATER SHORTAGE OR WATER SHORTAGE
EMERGENCY
(1) Collier County hereby adopts the rules of the South Florida Water Management
District, Chapter 40E-21, Florida Administrative Code, and subsequent additions
or corrections thereto; and the same are hereby adopted and incorporated as if
fully set out at length.
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(2) The declaration of a water shortage condition and/or water shortage emergency
within all or partys of Collier County by the Governing Board or Executive
Director of the District shall invoke the provisions of this article. Upon such as
declaration all water use restrictions or other measures adopted by the District
aplicable to Collier County, or any portion thereof, shall be subject to
enforcement action pursuant to this article. Any violation of the provisions of
Chapter 40E-21, F.A.C., or any order issued pursuant thereto, shall be a violation
of this article.
Section 5. VARIANCES
(1) A variance from specific days or days identified in Section 3 above may be
granted if strict application of the restrictions would lead to unreasonable or unfair
result in particular instances, provided that the applicant demonstrates with
particularity that compliance with the schedule will result in substantial economic,
health, or other hardship on the applicant requiring a variance or those served by
the applicant. Where a contiguous property is divided into different zones a
variance may be granted hereunder so that each zone may be irrigated on days
different than other zones of the property. However, no single zone may be
irrigated more than three days per week.
(2) Collier County hereby recognizes any and all variances issued by the South
Florida Water Management District to those users who operate and maintain
smart irrigation systems which meet the requirements of Section 373.62(7), Fla.
Stat.
(3) Applications for a variance shall be in accordance with the instructions included
at Appendix A.
Section 6. APPLICATION OF ORDINANCE
The provisions of this Ordinance shall apply to each user within the boundaries of the
unincorporated areas of Collier County, Florida, and applies to all water resources as defined
herein,unless otherwise specifically addressed through an agreement or issuance of a variance.
Section 7. ENFORCEMENT OFFICIALS
Law enforcement officials having jurisdiction in the area governed by this Ordinance are
hereby authorized to enforce the provisions of this Ordinance. In addition, the Collier County
Manager may delegate enforcement responsibility for this ordinance to agencies and departments
of Collier County government.
Section S. PENALTIES
(1) Violations of any provision of this article may be punished pursuant to Section
162.21, Florida Statutes, as amended, as a civil infraction with a maximum civil penalty not to
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exceed $500. Any person violates any provision of this Ordinance shall also be subject to the
County's remedies as authorized by F.S. § 125.69, Chapter 1, Section 1-6 of the Code of Laws
and Ordinances of Collier County, Florida, or as otherwise then allowed by law, as may he
amended from time to time.
Section 9.REPEAL OF ORDINANCE NUMBERS 2002-17 AND 2000-61,AS AMENDED
Ordinance Numbers 2002-17 and 2000-61, as amended, and codified in the Collier
County Code of Laws and Ordinances, is hereby repealed in their entirety.
Section 10. CONFLICT AND SEVERABILITY
The provisions of this Ordinance shall be liberally construed to effectively carry out its
purposes in the interest of public health and protect the water resources of Collier County. If any
section, phrase, sentence, or portion of the Ordinance is, for any reason, 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 portions of this Ordinance.
Section 1.1. INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word. Those provisions of State law incorporated by general
reference herein shall be as they now exist and as they may be amended from time to time. To
the extent that the provisions of this Ordinance is more stringent that those of State law,the more
stringent provisions shall apply.
Section 12. EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this day of , 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK. Clerk COLLIER COUNTY,FLORIDA
By: By:
, Deputy Clerk TIM NANCE,CHAIRMAN
Approved as to form and legality:
Sr-CA— /.4.0
Scott R. Teach
Deputy County Attorney
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COLLIER COUNTY WATER SEWER DISTRICT
WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION
APPENDIX A—VARIANCES
Applications for a variance in accordance with Section 5 of this ordinance, where strict
compliance with the schedule in Section 3, would lead to an unreasonable or unfair result, shall
be submitted in writing,and include the following:
(1) Name of Property Owner
(2) Property Owner's Agent(if applicable)
(3) Water Resource
(4) Utilities Account No. (if applicable)
(5) Service Address
(6) Contact Details
(7) Reason for Request
(8) Description of the particularity of compliance with the schedule that cannot be met
(9) Description of the substantial economic,health, or other hardship that would be incurred
Applications for a variance shall be submitted for the attention of:
Water Department Director
3339 Tamiami Trail E, Suite 301
Naples FL 341.12
The Water Department Director's decision with respect to granting, or not granting a variance
will be final.Applicants will be notified in writing of the Water Department Director's decision.
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Acct #065797
April 9, 2015
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Amending the Landscape Irrigation Ordinance
Dear Legals:
Please advertise the above referenced notice on Friday, April 17, 2015,
and send Duplicate Affidavits of Publication with the charges involved, to this office.
Thank you.
Sincerely,
Teresa Cannon,
Deputy Clerk
P.O. #4500153831
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NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that on Tuesday, April 28, 2015, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3299 Tamiami Trail East, Naples, Florida, the
Board of County Commissioners (BCC) will consider the enactment
of a County Ordinance. The meeting will commence at 9: 00 A.M.
The title of the proposed Ordinance is as follows :
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA; PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER CONSERVATION
RULE FOR LANDSCAPE IRRIGATION OF THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT; PROVIDING FOR INTENT AND PURPOSE; PROVIDING DEFINITIONS;
PROVIDING FOR YEAR-ROUND LANDSCAPE IRRIGATION RESTRICTIONS; PROVIDING
FOR DECLARATION OF WATER SHORTAGE OR WATER SHORTAGE EMERGENCY;
PROVIDING FOR VARIANCES; PROVIDING FOR APPLICATION OF ORDINANCE;
PROVIDING FOR ENFORCEMENT OFFICIALS; PROVIDING FOR PENALTIES;
PROVIDING FOR REPEAL OF ORDINANCE NUMBERS 2002-17 AND 2000-61, AS
AMENDED; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda item
to be addressed. Individual speakers will be limited to 3 minutes on
any item. The selection of an individual to speak on behalf of an
organization or group is encouraged. If recognized by the Chairman,
a spokesperson for a group or organization may be allotted 10 minutes
to speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written material
intended to be considered by the Board shall be submitted to the
appropriate County staff a minimum of seven days prior to the public
hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
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to you, to the provision of certain assistance . Please contact the
Collier County Facilities Management Department, located at 3335
Tamiami Trail East, Suite #101, Building W, Naples, Florida 34112,
(239) 252-8380 . Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIM NANCE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Cannon, Deputy Clerk
(SEAL)
Teresa L. Cannon
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From: Teresa L. Cannon
Sent: Thursday,April 09, 2015 9:49 AM
To: Naples Daily News Legals; carol.polidora @naplesnews.com
Subject: Amending the Landscape Irrigation Ordinance
Attachments: Amending the Landscape Irrigation Ordinance.doc;Amending the Landscape Irrigation
Ord.doc
Legals,
Please advertise the attached Legal Ad on Friday,April 17,2015.Thanks
Teresa L. Cannon, BMR Senior Clerk
Minutes and Records bepartment
239-252-8411
239-252-8408 fax
Teresa.Cannon@collierclerk.com
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Teresa L. Cannon
From: Polidora, Carol <carol.polidora @naplesnews.com>
Sent: Monday, April 13, 2015 2:31 PM
To: Teresa L. Cannon
Subject: Ad Confirmation
Attachments: UAS8899 jpg
Hi Teresa!
Please provide approval ASAP for publication on 04.17.15.
Thanks!
Carol
Carol Polidora I Legal Advertising Specialist Naples Daily News
0: 239-213-6061 F: 239-325-1251
E: carol.polidora @NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
Thank you for placing your ad.
Date 04/13/15
Publication NDN
Account Number 744071
Ad Number 2055113
Total Ad Cost $397.20
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NOTICE OF INTENT TO CONSIDER AN ORDINANCE 17 C
Notice is hereby given that on Tuesday, April 28, 201 5, in the Boardroom, 3rd Floor,
Administration Building, Collier County Government Center, 3299 Tamiami Trail
East, Naples, Florida, the Board of County Commissioners (BCC) will consider the
enactment of a.County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA; PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER
CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT; PROVIDING FOR INTENT AND PURPOSE;
PROVIDING DEFINITIONS; PROVIDING FOR YEAR-ROUND LANDSCAPE IRRIGATION
RESTRICTIONS; PROVIDING FOR DECLARATION OF WATER SHORTAGE OR WATER
SHORTAGE EMERGENCY; PROVIDING FOR VARIANCES; PROVIDING FOR
APPLICATION OF ORDINANCE; PROVIDING FOR ENFORCEMENT OFFICIALS;
PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF ORDINANCE NUMBERS
2002-17 AND 2000-61 , AS AMENDED; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda itern to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written material intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board will
become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes testimony and evidence
upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
11M NANCE, CHAIRMAN
DWIGHT F. BROCK, CLERK
By: Teresa Cannon, Deputy Clerk
(SEAL)
April 17, 2015 No. 2055113
Teresa L. Cannon
I7C
To: NeetVirginia (VirginiaNeet @colliergov.net); Lund, Peter(PeterLund @colliergov.net)
Subject: FW:Ad Confirmation
Attachments: UAS8899 jpg
Please review.Thanks
Teresa L. Cannon, BMR Senior Clerk
Minutes and Records Department
239-252-8411
239-252-8408 fax
Teresa.Cannon @collierclerk.com
Original Message
From: Polidora, Carol [mailto:carol.polidora @naplesnews.com]
Sent: Monday,April 13, 2015 2:31 PM
To:Teresa L. Cannon
Subject: Ad Confirmation
Hi Teresa!
Please provide approval ASAP for publication on 04.17.15.
Thanks!
Carol
Carol Polidora I Legal Advertising Specialist Naples Daily News
0: 239-213-6061 F: 239-325-1251
E: carol.polidora @NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
Thank you for placing your ad.
Date 04/13/15
Publication NDN
Account Number 744071
Ad Number 2055113
Total Ad Cost $397.20
1
7
Teresa L. Cannon
From: Neet, Virginia
Sent: Monday,April 13, 2015 3:55 PM
To: Teresa L. Cannon
Cc: Teach, Scott
Subject: RE:Ad Confirmation
Teresa:
Add is correct. We will pull it if the BCC takes the request for authorization off of the Consent Agenda.
Dinny
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252-8066- Fax(239) 252-6600
Under Florida Law,e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
Original Message
From:Teresa L. Cannon [mail to:Teresa.Cannon @collierclerk.com]
Sent: Monday, April 13, 2015 2:33 PM
To: NeetVirginia; LundPeter
Subject: FW:Ad Confirmation
Please review.Thanks
Teresa L. Cannon, BMR Senior Clerk
Minutes and Records Department
239-252-8411
239-252-8408 fax
Teresa.Cannon @collierclerk.com
Original Message
From: Polidora, Carol [mailto:carol.polidora @naplesnews.com]
Sent: Monday,April 13, 2015 2:31 PM
To:Teresa L. Cannon
Subject:Ad Confirmation
Hi Teresa!
Please provide approval ASAP for publication on 04.17.15.
1
Thanks!
Carol 1 7 C
Carol Polidora I Legal Advertising Specialist Naples Daily News
0: 239-213-6061 F: 239-325-1251
E: carol.polidora @NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
Thank you for placing your ad.
Date 04/13/15
Publication NDN
Account Number 744071
Ad Number 2055113
Total Ad Cost $397.20
2
17c
Teresa L. Cannon
From: Lund, Peter
Sent: Tuesday,April 14, 2015 7:38 AM
To: Teresa L. Cannon; Neet, Virginia
Subject: RE:Ad Confirmation
Thank you Teresa -all appears to be good.
Peter
Peter Lund
Manager, Customer Service & Utilities Education and Compliance Public Utilities Department/Financial Operations
Collier County
Telephone: (239) 252-2357
Cell: (239)877-8304
email: peterlund @colliergov.net
Original Message
From:Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com]
Sent: Monday, April 13, 2015 2:33 PM
To: NeetVirginia; LundPeter
Subject: FW:Ad Confirmation
Please review.Thanks
Teresa L. Cannon, BMR Senior Clerk
Minutes and Records Department
239-252-8411
239-252-8408 fax
Teresa.Cannon @collierclerk.com
Original Message
From: Polidora, Carol [mailto:carol.polidora @naplesnews.com]
Sent: Monday,April 13, 2015 2:31 PM
To:Teresa L. Cannon
Subject:Ad Confirmation
Hi Teresa!
Please provide approval ASAP for publication on 04.17.15.
Thanks!
Carol
Carol Polidora I Legal Advertising Specialist Naples Daily News
1
0: 239-213-6061 F: 239-325-1251 17 C
E: carol.polidora @NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
Thank you for placing your ad.
Date 04/13/15
Publication NDN
Account Number 744071
Ad Number 2055113
Total Ad Cost $397.20
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
2
17C
Teresa L. Cannon
To: Polidora, Carol
Subject: RE:Ad Confirmation
Looks good,ok to run!
Teresa L. Cannon, BMR Senior Clerk
Minutes and Records Department
239-252-8411
239-252-8408 fax
Teresa.Cannon@collierclerk.com
Original Message
From: Polidora, Carol [mailto:carol.polidora @naplesnews.com]
Sent: Monday,April 13, 2015 2:31 PM
To:Teresa L. Cannon
Subject:Ad Confirmation
Hi Teresa!
Please provide approval ASAP for publication on 04.17.15.
Thanks!
Carol
Carol Polidora I Legal Advertising Specialist Naples Daily News
0: 239-213-6061 F: 239-325-1251
E: carol.polidora @NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
Thank you for placing your ad.
Date 04/13/15
Publication NDN
Account Number 744071
Ad Number 2055113
Total Ad Cost $397.20
1
Teresa L. Cannon 1 7 C
From: Polidora, Carol <carol.polidora @naplesnews.com>
Sent: Thursday, April 16, 2015 8:45 AM
To: Teresa L. Cannon
Subject: RE:Ad Confirmation
Thanks Teresa! Released...
Carol Polidora I Legal Advertising Specialist
0: 239-213-6061 F: 239-325-1251
E: cpolidora @NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
Original Message
From:Teresa L. Cannon [mailto:Teresa.Cannon @collierclerk.com]
Sent: Monday, April 13, 2015 4:00 PM
To: Polidora, Carol
Subject: RE:Ad Confirmation
Looks good, ok to run!
Teresa L. Cannon, BMR Senior Clerk
Minutes and Records Department
239-252-8411
239-252-8408 fax
Teresa.Cannon @collierclerk.com
Original Message
From: Polidora, Carol [mailto:carol.polidora@naplesnews.com]
Sent: Monday, April 13, 2015 2:31 PM
To:Teresa L. Cannon
Subject: Ad Confirmation
Hi Teresa!
Please provide approval ASAP for publication on 04.17.15.
Thanks!
Carol
Carol Polidora I Legal Advertising Specialist Naples Daily News
0: 239-213-6061 F: 239-325-1251
E: carol.polidora@NaplesNews.com
A: 1100 Immokalee Road I Naples, FL 34110
Thank you for placing your ad.
1
1 7 C
Naples Daily News
April 17, 2015
Miscellaneous Notices
NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday, April
28, 2015, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299
Tamiami Trail East, Naples, Florida, the Board of County Commissioners (BCC)will consider the
enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed
Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA; PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER
CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE SOUTH FLORIDA
WATER MANAGEMENT DISTRICT; PROVIDING FOR INTENT AND PURPOSE;
PROVIDING DEFINITIONS; PROVIDING FOR YEAR-ROUND LANDSCAPE
IRRIGATION RESTRICTIONS; PROVIDING FOR DECLARATION OF WATER
SHORTAGE OR WATER SHORTAGE EMERGENCY; PROVIDING FOR VARIANCES;
PROVIDING FOR APPLICATION OF ORDINANCE; PROVIDING FOR ENFORCEMENT
OFFICIALS; PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF
ORDINANCE NUMBERS 2002-17 AND 2000-61, AS AMENDED; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection.
All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any
agenda item must register with the County administrator prior to presentation of the agenda item to be
addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to
speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a
spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons
wishing to have written or graphic materials included in the Board agenda packets must submit said
material a minimum of 3 weeks prior to the respective public hearing.
In any case, written material intended to be considered by the Board shall be submitted to the appropriate
County staff a minimum of seven days prior to the public hearing. All material used in presentations
before the Board will become a permanent part of the record. Any person who decides to appeal a
decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to
ensure that a verbatim record of the proceedings is made, which record includes testimony and evidence
upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101,
Building W, Naples, Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TIM NANCE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Teresa Cannon, Deputy Clerk
(SEAL)
April 17, 2015 No. 2055113
Naples Daily News 1 7 C
Naples , FL 34110 VV
Affidavit of Publication
Naples Daily News
+
COLLIER COUNTY UTILITIES
MARGE HAPKE
3301 TAMIAMI TRL E 3RD FL BLDG H
NAPLES FL 34112
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that on Tuesday,April 28,2015,in the Boardroom,3rd Floor,
REFERENCE : 065797 4500153831 Administration Building, Collier County Government Center, 3299 Tamiami Trail
East, Naples, Florida,the Board of County Commissioners(BCC)will consider the
59770311 NOTICE OF INTENT TO enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The
title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
State of Florida COUNTY, FLORIDA; PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER
CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE SOUTH FLORIDA .
Counties of Collier and Lee WATER MANAGEMENT DISTRICT; PROVIDING FOR INTENT AND PURPOSE;
PROVIDING DEFINITIONS;PROVIDING FOR YEAR-ROUND LANDSCAPE IRRIGATION
Before the undersigned authority, persona RESTRICTIONS;PROVIDING FOR DECLARATION OF WATER SHORTAGE OR WATER
SHORTAGE EMERGENCY; •PROVIDING FOR VARIANCES; PROVIDING FOR
appeared Dan McDermott, says that he serves APPLICATION OF ORDINANCE; PROVIDING FOR ENFORCEMENT OFFICIALS;
PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF ORDINANCE NUMBERS
Inside Sales Supervisor, of the Naples Dail 2002-17 AND 2000-61, AS AMENDED; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
a daily newspaper published at Naples, in C ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
County, Florida : distributed in Collier Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection.All interested parties are invited to attend and be heard.
and Lee counties of Florida; that the attac NOTE: All persdns wishing to speak on any agenda item must register with the
copyof advertising was published in said County administrator prior to presentation of the agenda item to be addressed.
g P Individual speakers will be limited to 3 minutes on any item. The selection of an
newspaper on dates listed. individual to,speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
Affiant further says that the said Naples allotted 10 minutes to speak on an item.
News is a newspaper published at Naples 1I Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
Collier County, Florida, and that the said Board shallrinbe submitteIn d to casethe app opriatewritten rial County staff aed obe minimum ofsevenconsidered pbythe
days
Ear
newspaper has heretofore been continuously priorecome at
to theperpmublicanent hearinpart of g.All record.material used in presentations before the Board will
day and has been entered as second class m Any person who decides to appeal a decision of the Board will need a record of the
matter at the post office i n Naples,e s i n S a: proceedings pertaining thereto and therefore, may need to ensure that a verbatim
p record of the proceedings is made, which record includes testimony and evidence
upon which the appeal is based.
Collier County, Florida, for a period of 1
If you are a.person ty ho ein to
next preceding the first publication of thf participate in this proceedingwitha ,disabiliyou are wentitledne,ds at annoy cost to you,toaccommodation the provision
of certain assistance. Please contact the Collier County Facilities Management
attached copy of advertisement; and affian Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired
further says that he has neither paid nor are available in the County Commissioners'Office.
promised any person, firm or corporation al BOARD OF COUNTY COMMISSIONERS
discount, rebate, commission or refund for COLLIER COUNTY,FLORIDA
TIM NANCE,CHAIRMAN
purpose of securing this advertisement for DWIGHT E.BROCK,CLERK
publication in the said newspaper. By:Teresa Cannon,Deputy Clerk
(SEAL)
PUBLISHED ON: 04/17 aorun �o1s No 2055113
AD SPACE : 120 LINE
FILED ON: 04/17/15
77!) ..Signature of Affiant
Sworn to and Subscribed before .me�'s`is v ,: day of ' �u.ki ``
?f n 2 0j;
Personally known by me 1 r
oY^ot w,,- CAROL POLIDORA
I ��. Notary Public-State of F lri
'.� Commission#FF 185630
-' II' •'My Comm.Expires Dec 28,2'_`
'!f,°, ` `,, Bonded through National Notary As:
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNAT
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to tht tey Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Atturot Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office SRT 4/28/15
4. BCC Office Board of County `p�
Commissioners (e ` \\s
5. Minutes and Records Clerk of Court's Office ,{r \ ç'
MN
;
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the
addressees above,may need to contact staff for additional or missing information.
Name of Primary Staff Peter Lund,Customer Service and Utilities Phone Number 252-2357
Contact/ Department Education a d Compliance
Agenda Date Item was 4/28/15 Ir Agenda Item Number 17-C V
Approved by the BCC
Type of Document Ordinance—Landscape Irrigation Number of Original One
Attached do(s-- aq Documents Attached
PO number or account n/a
number if document is
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature? STAMP OK SRT
2. Does the document need to be sent to another agency for additional signatures? If yes, SRT
provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's SRT
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the SRT
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's SRT
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this routing slip SRT
should be provided to the County Attorney Office at the time the item is input into SIRE.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of your deadlines!
8. The document was approved by the BCC on 4/28/15 and all changes made during the SRT N/A is not
meeting have been incorporated in the attached document. The County Attorne ' an option for
Office has reviewed the changes,if applicable. ine.
9. Initials of attorney verifying that the attached document is the version approved b the N/A is of
BCC,all changes directed by the BCC have been made,and the document is rea y for the an optio for
Chairman's signature. this lin .
�rd•N, s \r,e-J
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12
1 7 C
MEMORANDUM
Date: April 30, 2015
To: Peter Lund, Revenue Manager
Utilities Finance Operations
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Ordinance 2015-27: An Ordinance providing for local
implementation of water conservation landscape irrigation rules
that are followed by the South Florida Water Management District
Attached for your records is an copy of the Ordinance referenced above, (Item #17C)
adopted by the Board of County Commissioners on Tuesday, April 28, 2015.
I have also included a copy of the letter that was received by our office from
Florida Department of State that officially acknowledges their electronic receipt
of the Ordinance and confirmation it has indeed been filed with that office.
If you have any questions, please contact me at 252-8406.
Thank you.
Attachment
Ann P. Jennejohn 17 C
From: Ann P.Jennejohn
Sent: Thursday, April 30, 2015 11:49 AM
To: County Ordinances (CountyOrdinances @dos.myflorida.com)
Cc: Minutes and Records
Subject: CLL20150428_Ordinance2015_27
Attachments: CLL20150428_Ordinance2015_27.pdf
COUNTY: CLL (COLLIER)
ORDINANCE NUMBER: 2015-27
SENT BY: COLLIER COUNTY CLERK OF THE CIRCUIT COURT
BOARD MINUTES & RECORDS DEPARTMENT
SENDER'S PHONE: 239-252-8406
Thank you.
Ann Jennejohn, Deputy Clerk
Clerk of the Circuit Court
Clerk of the Value Adjustment Board
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (Fax)
1
17C
ORDINANCE NO. 2015- 27
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA; PROVIDING FOR LOCAL IMPLEMENTATION OF THE
WATER CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT; PROVIDING FOR INTENT AND
PURPOSE; PROVIDING DEFINITIONS; PROVIDING FOR YEAR-ROUND
LANDSCAPE IRRIGATION RESTRICTIONS; PROVIDING FOR DECLARATION OF
WATER SHORTAGE OR WATER SHORTAGE EMERGENCY; PROVIDING FOR
VARIANCES; PROVIDING FOR APPLICATION OF ORDINANCE; PROVIDING
FOR ENFORCEMENT OFFICIALS; PROVIDING FOR PENALTIES; PROVIDING
FOR REPEAL OF ORDINANCE NUMBERS 2002-17 AND 2000-61, AS AMENDED;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the South Florida Water Management District has responsibility and
exclusive authority under Chapter 373, Florida Statutes, for regulating the consumptive use of
water; and
WHEREAS, the South Florida Water Management District has amended Chapter 40E-
24, F.A.C., requiring year-round water conservation for landscape irrigation; and
WHEREAS, Chapter 40E-24, F.A.C., applies to all users as defined in Subsection 40E-
24.101(14), F.A.C., including permitted and exempt users under Chapters 40E-2, F.A.C.; and
WHEREAS, Chapter 40E-24, F.A.C., applies to all landscape irrigation regardless of
whether the water comes from ground or surface water, from a private well or pump, or from a
public or private utility; and
WHEREAS, Rule 40E-24.301, F.A.C. provides that a local government may adopt an
ordinance to locally enforce the year-round landscape irrigation water conservation measures;
WHEREAS, it is the desire of the the Collier County Board of County Commissioners to
adopt such an ordinance in accordance with Rule 40E-24.201,F.A.C.; and
WHEREAS, the the Collier County Board of County Commissioners hereby finds and
declares that the adoption of this ordinance is appropriate, and in the public interest of this
community.
NOW, THEREFORE, BE IT ORDAINED BY THE Collier County Board of County
Commissioners of Collier County, Florida that this Ordinance is hereby created to read as
follows:
1 C,P
17C
WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION
Section 1. INTENT AND PURPOSE
It is the intent and purpose of this Ordinance to implement procedures that promote water
conservation through the more efficient use of landscape irrigation.
Section 2. DEFINITIONS
For the purpose of this Article the following terms, phrases, words, and their derivatives
shall have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural include the singular, and words in the
singular include the plural.
(a) "Address" means the "house number" (a numeric or alphanumeric designation)
that, together with the street name, describes the physical location of a specific
property. This includes "rural route" numbers but excludes post office box
numbers. If a lot number in a mobile home park or similar community is used by
the U.S. Postal Service to determine a delivery location, the lot number shall be
the property's address. If a lot number in a mobile home park or similar
residential community is not used by the U.S. Postal Service (e.g., the park
manager sorts incoming mail delivered to the community's address), then the
community's main address shall be the property's address. If a property has no
address it shall be considered"even-numbered."
(b) "Athletic play area" means all golf course fairways, tees, roughs, and greens, and
other athletic play surfaces; including, football, baseball, soccer, polo, tennis, and
lawn bowling fields and rodeo, equestrian, and livestock arenas.
(c) "Consumptive Use Permit (CUP)" means a permit issued pursuant to Chapters
40E-2, F.A.C., authorizing the consumptive use of water.
(d) "District"means the South Florida Water Management District.
(e) "Even Numbered Address"means an address, ending in the numbers 0, 2, 4, 6, 8,
or rights-of-way or other locations with no address, or the letters A-M.
(f) "Existing landscaping" means any landscaping which has been planted and in the
ground for more than ninety(90) days.
(g) "Landscaping" means shrubbery, trees, lawns, sod, grass, ground covers, plants,
vines, ornamental gardens, and such other flora not intended for resale, which are
situated in such diverse locations as residential landscapes, recreation areas,
cemeteries, public, commercial, and industrial establishments, public medians,
and rights-of-way except athletic play areas as defined in subsection 40E-
24.101(6), F.A.C.
2 :;;
17C
(h) "Low Volume Hand Watering" means the watering of landscape by one person,
with one hose, fitted with a self-canceling or automatic shutoff nozzle.
(i) "Low Volume Irrigation" means the use of equipment and devices specifically
designed to allow the volume of water delivered to be limited to a level consistent
with the water requirement of the plant being irrigated and to allow that water to
be placed with a high degree of efficiency in the root zone of the plant. The term
also includes water used in mist houses and similar establishments for plant
propagation. Overhead irrigation and flood irrigation are not included.
(j) "Landscape Irrigation" means the outside watering of shrubbery, trees, lawns,
sod, grass, ground covers, plants, vines, ornamental gardens, and such other flora
not intended for resale, which are planted and are situated in such diverse
locations as residential landscapes. recreation areas, cemeteries, public,
commercial, and industrial establishments, public medians, and rights-of-way
except athletic play areas as defined in subsection 40E-24.101(9), F.A.C.
(k) "Micro-irrigation" means the application of small quantites of water on or below
the soil surface as drops or tiny streams of spray through emitter or applicators
placed along a water delivery line. Micro-irrigation includes a number of
methods or concepts such as bubbler, drip, trickle, mist or microspray, and
subsurface irrigation.
(1) "New landscaping" means any landscaping which has been planted and
established for ninety(90) days or less.
(m) "Odd Numbered Address" means an address ending in the numbers 1, 3, 5, 7, 9 or
the letters N-Z.
(n) "Reclaimed Water" or.Irrigation Quality (IQ) means wastewater that has received
at least secondary treatment and basic disinfection and is reused after flowing out
of a wastewater treatment facility as defined by Rule 62-610.200(48), F.A.C.
(o) "User" means any person, individual, firm, association, organization, partnership,
business trust, corporation, company, agent, employee or other legal entity
whether natural or artificial, the United States of America, and the State and all
political subdivisions, regions, districts, municipalities, and public agencies
thereof, which directly or indirectly takes water from the water resource,
including uses from private or public utility systems, uses under water use permits
issued pursuant to Chapter 40E-2, F.A.C., or uses from individual wells or pumps.
(p) "Wasteful and unnecessary" means allowing water to be dispersed without any
practical purpose to the water use; for example, excessive landscape irrigation,
leaving an unattended hose on a driveway with water flowing, allowing water to
be dispersed in a grossly inefficient manner, regardless of the type of water use;
3 vx'
17C
for example, allowing landscape .irrigation water to unnecessarily fall onto
pavement, sidewalks and other impervious surfaces; allowing water flow through
a broken or malfunctioning water delivery or landscape irrigation system
(q) "Water Resources" means any and all water on or beneath the surface of the
ground, including, but not limited to, potable water production wells, IQ water,
natural or artificial watercourses, lakes, ponds, and artificial water features, and
water percolating, standing, or flowing beneath the surface of the ground
(r) "Water shortage" means when the District has determined there is the possibility
that insufficient water will be available to meet the estimated present and
anticipated user demands or to protect the water resource from serious harm.
(r) "Water shortage emergency" means when the District has determined that the
provisions listed in Part II of Chapter 40E-21, F.A.C., are not sufficient to protect
the public health, safety, or welfare, the health of animals, fish, or aquatic life, a
public water supply, or commercial, industrial, agricultural, recreational, or other
reasonable-beneficial uses.
Section 3. YEAR-ROUND LANDSCAPE IRRIGATION RESTRICTIONS
(1) Collier County hereby adopts the rules of the South Florida Water Management
District, Chapter 40E-24.201 F.A.C., and any subsequent additions, deletions or
corrections thereto; and which are set out as follows:
(a) It shall be the duty of each user to keep informed as to the landscape
irrigation conservation measures presented within this section, which
affect each particular water use.
(b) In addition to the specific conservation measures enumerated below,
all wasteful and unnecessary water use as defined in Section 2(p), is
prohibited.
(c) The following requirements or exceptions shall apply to all users
unless specified otherwise herein:
(1) Landscape irrigation shall be prohibited daily between the
hours of 10:00 a.m. and 4:00 p.m., except as otherwise
provided herein.
(2) Irrigation of new landscaping shall comply with the following
provisions:
i. On the day the new landscaping is installed, the new
landscaping may be irrigated once without regard to the
normally allowable watering days and times. Irrigation of
the soil immediately prior to the installation of the new
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landscaping is also allowable without regard to the normal
allowable watering days and times.
ii. The ninety (90) day period begins the day the new
landscaping is installed. The new landscaping shall be
installed within a reasonable time from the date of
purchase, which may be demonstrated with a dated receipt
or invoice.
iii. Irrigation of new landscaping which has been in place for
thirty (30) days or less may be accomplished on Monday,
Tuesday, Wednesday, Thursday, Saturday, and/or Sunday.
iv. Irrigation of new landscaping which has been in place for
thirty-one (31)to ninety (90) days may be accomplished on
Monday, Wednesday, Thursday, and/or Saturday.
v. Irrigation of the new landscaping is limited to areas
containing the new landscaping only. An entire zone of an
irrigation system shall only be utilized for landscape
irrigation under this paragraph if the zone in question is for
an area that contains at least 50% new landscaping. If a
zone contains less than 50% new landscaping, or if the new
landscaping is in an area that will not typically be irrigated
by an irrigation system, only the individual new plantings
are eligible for additional irrigation under this paragraph.
Targeted watering may be accomplished by low volume
hand watering, or any appropriate method which isolates
and waters only the new landscaping.
(2) Landscape irrigation systems may be operated during restricted days and/or times
for cleaning, maintenance, and repair purposes with an attendant on site in the
area being tested. Landscape irrigation systems may routinely be operated for
such purposes no more than once per week, and the run time for any one test
should not exceed 10 minutes per zone.
(3) Landscape irrigation for the purpose of watering-in fertilizers, insecticides,
pesticides, fungicides and herbicides, where such watering-in is recommended by
the manufacturer, or by federal, state or local law, or best management practices,
shall be allowed under the following conditions:
(a) Such watering-in shall be limited to one application unless the need
for more than one application is stated in the directions for
application specified by the manufacturer; and
(b) Such watering-in shall be accomplished during normally allowable
watering days and times set forth in. Paragraphs 1(c)(2), 1(c)(6) of
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this Section, unless a professional licensed applicator has posted a
temporary sign containing the date of application and the date(s) of
needed watering-in activity.
(4) Any plant material may be watered using low volume irrigation, micro-irrigation,
low-volume hand watering methods, and rain barrels, cisterns, or other similar
rain-harvesting devices without regard to the watering days or times allowed
pursuant to this section.
(5) Irrigation of existing landscaping shall comply with the following provisions:
(a) Even addresses, installations with irrigation systems that irrigate
both even and odd addresses within the same zones, such as multi-
family units and homeowners' associations, and rights-of-way or
other locations with no address as defined in Section 2(e), shall have
the opportunity to accomplish necessary landscape irrigation only on
Tuesday and/or Thursday and/or Sunday.
(b) Odd addresses as defined in Section 2(m), shall have the opportunity
to accomplish necessary landscape irrigation only on Monday and/or
Wednesday and/or Saturday.
(6) In the absence of a declaration of a water shortage condition or water shortage
emergency within all or any part of Collier County by the Governing Board or
Executive Director of the District, the landscape irrigation restrictions or other
measures adopted by the District applicable to Collier County or any portion
thereof shall be subject to enforcement action pursuant to Section 6 below. Any
violation of the provisions of Chapter 40E-24.201, F.A.C. or this Ordinance shall
be a violation of this section.
Section 4. DECLARATION OF WATER SHORTAGE OR WATER SHORTAGE
EMERGENCY
(1) Collier County hereby adopts the rules of the South Florida Water Management
District, Chapter 40E-21, Florida Administrative Code, and subsequent additions
or corrections thereto; and the same are hereby adopted and incorporated as if
fully set out at length.
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(2) The declaration of a water shortage condition and/or water shortage emergency
within all or partys of Collier County by the Governing Board or Executive
Director of the District shall invoke the provisions of this article. Upon such as
declaration all water use restrictions or other measures adopted by the District
aplicable to Collier County, or any portion thereof, shall be subject to
enforcement action pursuant to this article. Any violation of the provisions of
Chapter 40E-21, F.A.C., or any order issued pursuant thereto, shall be a violation
of this article.
Section 5. VARIANCES
(1) A variance from specific days or days identified in Section 3 above may be
granted if strict application of the restrictions would lead to unreasonable or unfair
result in particular instances, provided that the applicant demonstrates with
particularity that compliance with the schedule will result in substantial economic,
health, or other hardship on the applicant requiring a variance or those served by
the applicant. Where a contiguous property is divided into different zones a
variance may be granted hereunder so that each zone may be irrigated on days
different than other zones of the property. However, no single zone may be
irrigated more than three days per week.
(2) Collier County hereby recognizes any and all variances issued by the South
Florida Water Management District to those users who operate and maintain
smart irrigation systems which meet the requirements of Section 373.62(7), Fla.
Stat.
(3) Applications for a variance shall be in accordance with the instructions included
at Appendix A.
Section 6. APPLICATION OF ORDINANCE
The provisions of this Ordinance shall apply to each user within the boundaries of the
unincorporated areas of Collier County, Florida, and applies to all water resources as defined
herein, unless otherwise specifically addressed through an agreement or issuance of a variance.
Section 7. ENFORCEMENT OFFICIALS
Law enforcement officials having jurisdiction in the area governed by this Ordinance are
hereby authorized to enforce the provisions of this Ordinance. In addition, the Collier County
Manager may delegate enforcement responsibility for this ordinance to agencies and departments
of Collier County government.
Section 8. PENALTIES
(I) Violations of any provision of this article may be punished pursuant to Section
162.21, Florida Statutes, as amended, as a civil infraction with a maximum civil penalty not to
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exceed $500. Any person violates any provision of this Ordinance shall also be subject to the
County's remedies as authorized by F.S. § 125.69, Chapter 1, Section 1-6 of the Code of Laws
and Ordinances of Collier County, Florida, or as otherwise then allowed by law, as may he
amended from time to time.
Section 9. REPEAL OF ORDINANCE NUMBERS 2002-17 AND 2000-61,AS AMENDED
Ordinance Numbers 2002-17 and 2000-61, as amended, and codified in the Collier
County Code of Laws and Ordinances,is hereby repealed in their entirety.
Section 10. CONFLICT AND S.EVERABILITY
The provisions of this Ordinance shall be liberally construed to effectively carry out its
purposes in the interest of public health and protect the water resources of Collier County. If any
section, phrase, sentence, or portion of the Ordinance is, for any reason, 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 portions of this Ordinance.
Section 11. INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word. Those provisions of State law incorporated by general
reference herein shall be as they now exist and as they may be amended from time to time. To
the extent that the provisions of this Ordinance is more stringent that those of State law, the more
stringent provisions shall apply.
Section 12. EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 2-51c\-\ day of Nv ,. . , 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
•
■
By � 4- Q I.C . By: / evi,& _
I,` 0 ►t,, ,y Clerk TIM NANCE, CIIAIRMAN
• _. tihre only.
Approved as to form and legality:
S-,.....,w- i 2 L., , L
Scott R. Teach
Deputy County Attorney
This ordinance filed with the
ei�fp�rry of S the
ay of S
and ackno wledgem t c�f that
filin Iceeived this. day
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By 1
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50
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COLLIER COUNTY WATER SEWER DISTRICT
WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION
APPENDIX A—VARIANCES
Applications for a variance in accordance with Section 5 of this ordinance, where strict
compliance with the schedule in Section 3, would lead to an unreasonable or unfair result, shall
be submitted in writing, and include the following:
(1) Name of Property Owner
(2) Property Owner's Agent (if applicable)
(3) Water Resource
(4) Utilities Account No. (if applicable)
(5) Service Address
(6) Contact Details
(7) Reason for Request
(8) Description of the particularity of compliance with the schedule that cannot be met
(9) Description of the substantial economic, health, or other hardship that would be incurred
Applications for a variance shall be submitted for the attention of:
Water Department Director
3339 Tamiami Trail E, Suite 301
Naples FL 34112
The Water Department Director's decision with respect to granting, or not granting a variance
will be final. Applicants will be notified in writing of the Water Department Director's decision.
10
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
April 30, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann P. Jennejohn, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2015-27, which was filed in this office on April 30, 2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.tl.us