Agenda 07/10/2018 Item #17E07/10/2018
EXECUTIVE SUMMARY
Recommendation to approve an Ordinance amending the Collier County Utilities Standards and
Procedures Ordinance for critical infrastructure resiliency.
OBJECTIVE: To update the Collier County Utilities Standards and Procedures Ordinance
(“Ordinance”) that governs the installation of sustainable, safe and resilient utilities infrastructure within
the county.
CONSIDERATIONS: On May 11, 2004, under Agenda Item 8 D, the Board of County Commissioners,
Ex Officio the Governing Board of the Collier County Water-Sewer District (Board), concurrently
adopted Collier County Ordinance No. 2004-31, the Collier County Utilities Standards and Procedures
Ordinance. This document provides county procedures and guidelines for the design, construction and
repair of both privately-constructed and county-constructed utility systems in Collier County. Public
Utilities Department staff vetted all proposed changes with the Development Services Advisory
Committee (DSAC), and the Public Utilities Department’s Water and Wastewater Divisions to achieve
the optimal, best-value design, operation, and maintenance of the utilities infrastructure.
The DSAC Utilities Sub-Committee and the Public Utilities Department (PUD) actively participate in
monthly utilities discussion group meetings and have reviewed the proposed Ordinance revisions in
detail. On June 6, 2018 at its regular DSAC meeting, the proposed revisions were unanimously approved
in their entirety and recommended to be forwarded to the Board. The proposed ordinance amending the
Collier County Utilities Standards and Procedures Ordinance is included as Attachment 1. Upon approval
of the proposed ordinance, the changes will be effective on August 25, 2018.
The proposed ordinance has been advertised in the Naples Daily News as required in Section 11 of the
Ordinance. The attached Resolution was on file with the Clerk of the Board for public review and
inspection.
FISCAL IMPACT: There is no direct fiscal impact associated with this action.
GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners, Ex Officio the Governing Board of
the Collier County Water-Sewer District, approve the attached Ordinance amending the Collier County
Utilities Standards and Procedures Ordinance.
Prepared By: Tom Chmelik, P.E., PMP Public Utilities Engineering and Project Management Director
ATTACHMENT(S)
1. Proposed Ordinance (PDF)
2. Legal Ad - Agenda ID 6027 (PDF)
17.E
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07/10/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.E
Doc ID: 6027
Item Summary: Recommendation to approve an Ordinance amending the Collier County Utilities
Standards and Procedures Ordinance for critical infrastructure resiliency.
Meeting Date: 07/10/2018
Prepared by:
Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management
Name: Tom Chmelik
06/21/2018 8:27 AM
Submitted by:
Title: Division Director - Public Utilities Eng – Public Utilities Planning and Project Management
Name: Tom Chmelik
06/21/2018 8:27 AM
Approved By:
Review:
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 06/21/2018 8:34 AM
Wastewater Beth Johnssen Additional Reviewer Completed 06/21/2018 11:12 AM
Water Steve Messner Additional Reviewer Completed 06/21/2018 1:48 PM
Public Utilities Department Sarah Hamilton Level 1 Division Reviewer Completed 06/22/2018 10:38 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 06/26/2018 11:02 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 06/26/2018 4:45 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 06/27/2018 5:46 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/29/2018 10:35 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 07/02/2018 2:12 PM
Board of County Commissioners MaryJo Brock Meeting Pending 07/10/2018 9:00 AM
17.E
Packet Pg. 2918
ORDINANCE NO. 2018 - ____
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO.
2004-31, AS AMENDED, KNOWN AS THE COLLIER COUNTY
UTILITIES STANDARDS AND PROCEDURES ORDINANCE, AS
CODIFIED IN SECTIONS 134-51 THROUGH 134-64 OF THE CODE OF
LAWS AND ORDINANCES, TO UPDATE THE REGULATIONS
GOVERNING THE INSTALLATION OF SUSTAINABLE AND SAFE
UTILITIES INFRASTRUCTURE WITHIN THE COUNTY; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on May 11, 2004, the Board of County Commissioners, Ex Officio the Governing
Board of the Collier County Water-Sewer District, concurrently adopted Collier County Ordinance No.
2004-31, known as the Collier County Utilities Standards and Procedures Ordinance, together with the
Utilities Standards Manual, including all of the Manual’s exhibits. These documents provide County
procedures and guidelines for the design, construction and repair of both privately constructed and County
constructed utility systems in Collier County; and
WHEREAS, on May 8, 2018, the Board accepted an update to the After-Action Report provided
during the Board’s November 7, 2017 Workshop regarding the effects of Hurricane Irma, in which staff
proposed updating both the Utilities Standards Manual and the Collier County Utilities Standards and
Procedures Ordinance to ensure greater resiliency in construction; and
WHEREAS, the Board wishes to update the Collier County Utilities Standards and Procedures
Ordinance to ensure greater resiliency in construction to better protect the citizens of Collier County during
extreme weather events.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY
OF COLLIER COUNTY FLORIDA AND EX-OFFICIO GOVERNING BOARD OF THE
COLLIER COUNTY WATER-SEWER DISTRICT, that
SECTION ONE: The following Sections of Ordinance No. 2004-31, as amended, and
codified in Chapter 134, Article III, of the Code of Laws and Ordinances
are amended as follows:
Sec. 134-51. Findings and purpose.
(a) It is the intent and purpose of this ordinance to promote, protect, and improve the health,
safety and welfare of the citizens of Collier County by the establishment, herein, of
standards and procedures for the construction, development, maintenance, and operation
of safe, reliable potable water, non-potable irrigation water and wastewater systems that
meet the demands of Collier County's land development and population growth and that
are constructed, developed, maintained and operated according to the latest technical and
professional standards. This ordinance, therefore, establishes minimum utility
Words Underlined are added; Words Struck-Through are deleted.
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17.E.1
Packet Pg. 2919 Attachment: Proposed Ordinance (6027 : Utilities Ordinance Amendment)
requirements for development of potable water and non-potable irrigation water
transmission and distribution and for wastewater collection and transmission systems or
portion(s) thereof within the unincorporated areas of Collier County, Florida. This
ordinance attempts to ensure that, with respect to all utility construction performed, reliable
and economical utility services shall be provided to users of the potable water, non-potable
irrigation water and/or wastewater systems within Collier County. All requirements set
forth herein are in conjunction with and supplemental to the Collier County Land
Development Code (the "LDC"), to the Collier County Growth Management Plan and to
such other applicable Collier County Ordinances, Resolutions and/or regulations as are
related to land development and/or subdivision of lands within Collier County. The
administrative procedures, standards, and policies contained herein, as they apply to the
extension and/or development of potable and non-potable water and/or wastewater systems
and utility services, shall take precedence, if in conflict, over those contained in the LDC.
The public utilities department division shall review deviations (see Standards Manual for
Utility Deviation Forms) from the standards and procedures established herein, which are
brought about by innovative applications of design principles/solutions to individual
projects. Upon such review, the public utilities administrator or designee, at his discretion,
may approve such deviations, provided that such deviation shall not result in
system/facility operation or maintenance performance that is less than that which would be
provided in this ordinance, if recognized, accepted standards are used, and provided further
that such deviation promotes, protects, and improves the health, safety and welfare of the
citizens of Collier County, Florida. Requested deviations from the requirements of this
ordinance shall be referred to the public utilities administrator or designee(s). All deviation
requests must include an impact statement. Appeals to rejected deviation requests shall be
mailed to the public utilities engineering director of the public utilities division.
* * * * *
Sec. 134-53. Applicability.
This ordinance shall be applicable to development activities within the Collier County
Water-Sewer District, the Goodland Sub-District and the remaining unincorporated areas of
Collier County, Florida. For the purposes of simplicity and brevity, references herein to the Collier
County Water-Sewer District shall also refer to the Goodland Sub-District, where appropriate, as
the context requires.
Sec. 134.54 Water and wastewater ordinances and resolutions.
The board of county commissioners, acting in their regular capacity as well as their
capacity as the ex-officio governing board of the Collier County Water-Sewer District (including
the Goodland Sub-District) has adopted other ordinances, ordinance amendments and resolutions
on behalf of the county and the district. Such ordinances, ordinance amendments and resolutions,
together with all such duly adopted subsequent ordinances, ordinance amendments and resolutions
apply fully except to the extent, if any, specifically and expressly superseded by this ordinance.
Words Underlined are added; Words Struck-Through are deleted.
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17.E.1
Packet Pg. 2920 Attachment: Proposed Ordinance (6027 : Utilities Ordinance Amendment)
Section 134.55. Service areas.
(a) The following requirements shall apply with respect to the county's review of utility
construction within the district's service area in the unincorporated area.
(b) Construction of all utility systems including, but not limited to, interim utility systems,
shall comply with the LDC, with this ordinance, and with the Collier County Utilities
Standards Manual, which is hereby adopted by the board as part of this ordinance. The
penalty provisions of this ordinance apply equally to the manual and to exhibits then
incorporated by reference into the manual.
(c) Utility construction shall not commence until the utility construction documents for each
project have been reviewed and approved by the engineering review services department
director (county engineer) or designee and the county has thereafter issued a written
authorization to construct. Conveyance of completed interim utility system(s) or portion(s)
thereof within these certificated or other approved service areas shall be in compliance with
the LDC, this ordinance, and the Collier County Utilities Standards Manual.
(d) Prohibited connections. Refer to the latest revision of the County Cross-Connection
Ordinance as well as subsections 134-55(d)(1)—(3).
(1) Wastewater and stormwater. No individual or entity owning, possessing or having
control of any building, structure, or other improvements within the then existing
district shall cause, permit, allow or suffer any stormwater and/or any water used
for irrigation to be discharged into any sanitary sewer, drain, cleanout, or manhole
that is connected to the district's wastewater collection system (direct discharge),
or into any other facility that is connected into such sewer, drain or manhole,
(indirect discharge). Only wastewater from toilets, lavatories, sinks, bathtubs or
showers upon or in said premises shall be discharged into any such sewer, drain or
manhole.
(2) Yard, garden, private stormwater drainage facilities. No yard drainage, garden
drainage, nor any stormwater, including from a drainage line, roof drain or
downspout, shall discharge directly or indirectly into the county's or the district's
wastewater collection system.
(3) Inspection—Correction of violation condition. An authorized representative of the
county may enter premises (except an owner-occupied residence) to determine
whether any violation of subsection 134-55(d)(1) or (2) exists. If it is determined
that such violation exists, staff shall provide written notice to the owner or occupant
of the premises to direct that all such violations be corrected within 30 days of
receipt of such notice, and within that 30-day period, the noticed owner or occupant
shall notify staff in writing that each such violation has in fact been corrected. If
staff does not receive such notification of correction within that 30-day period, staff
may correct all such violations subject to providing the owner or occupant not less
then three additional work days written notice. Notice from the county or district
may be registered mail or by any other lawful means of delivery of such notice,
addressed to the owner (or occupant) as the owner's name and address then appear
Words Underlined are added; Words Struck-Through are deleted.
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17.E.1
Packet Pg. 2921 Attachment: Proposed Ordinance (6027 : Utilities Ordinance Amendment)
on the then most current tax assessment roll. In the event county staff corrects the
violation(s), the county's may record a lien against the relevant premises, which lien
shall run with the land and may be foreclosed upon or otherwise collected by staff.
e) Private wastewater systems.
(1) Private pump station owners are required annually to provide the following to the
Public Utilities Department:
a. Emergency phone number of pump station owner
b. Emergency phone number of pump station operator
c. Maintenance reports and inspection reports
d. If any phone numbers change, an update must be provided within 24-hours.
(2) Private pump station access must be secured with a master lock provided by the
Public Utilities Department. Public Utilities’ lock may be interlocked with the
owner/operator’s lock to allow access by both.
(3) The Public Utilities Department is authorized to conduct inspections of private
wastewater pump stations at its discretion. Any non-compliance will be enforced
through code enforcement and FDEP code compliance where applicable.
(4) Home Owners Associations (HOAs) and/or private wastewater pump station
owners will have the opportunity to convey their pump stations including collection
systems to the Collier County Water-Sewer District (CCWSD) after bringing the
infrastructure into compliance with current utilities standards. System upgrades
and repairs of any defects shall be the financial responsibility of the HOA or private
wastewater system owner.
Sec. 134-56. - Definitions and abbreviations.
(a) Definitions. For the purposes of this article, the following terms, phrases, and words, shall
have the meaning specified herein. When not inconsistent with the context, words in the
present tense include future tense, words used in the singular number include the plural,
and words used in the plural include the singular. "Shall" is always mandatory; "may" is
discretionary. Definitions in this ordinance supersede definitions in the Standards Manual
to the extent of any conflict between a definition in this ordinance and a definition in the
manual. No definition in this ordinance shall be construed to affect any definition in the
Florida Administrative Code or any other administrative regulation of any superior
government agency unless such F.A.C. or other governmental regulation's definition can
lawfully be expanded, contracted or otherwise amended by this ordinance and the apparent
intent of the conflicting definition in this ordinance is to amend the scope or application of
the respective conflicting exterior definition. Many of these definitions contain substantive
provisions. The fact that a substantive provision is contained in a definition does not affect
full applicability of each such substantive provision.
Words Underlined are added; Words Struck-Through are deleted.
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17.E.1
Packet Pg. 2922 Attachment: Proposed Ordinance (6027 : Utilities Ordinance Amendment)
* * * * *
Community development and environmental services division: A division of Collier County
which, for purposes of this article, shall be responsible for processing, reviewing and approving
potable water, non-potable irrigation water and/or wastewater construction requests, pursuant to
the terms and conditions of this article and/or the LDC, including the engineering evaluation,
design and construction of potable water, non-potable irrigation water and/or wastewater utility
systems. As outlined herein, and as set forth in the LDC, the "community development and
environmental services administrator" shall mean the engineering review services department
director (county engineer).
* * * * *
Development services advisory committee (DSAC): A 15 member committee created pursuant to
Ordinance No. 95-60 to provide reports and recommendations to the board of county
commissioners, to assist in the enhancement of the operational efficiency and budgetary
accountability within the growth management community development and environmental
services and public utilities departments divisions, and to serve as a primary communications link
between the departments divisions, the development industry and the citizens and residents of
Collier County.
Deviation: Requested variation from the requirements of this article or the Collier County
Standards Manual requiring written approval from the public utilities department division
administrator or designee(s).
* * * * *
Growth Management Department: A department of Collier County which, for purposes of this
article, shall be responsible for processing, reviewing and approving potable water, non-potable
irrigation water and/or wastewater construction requests, pursuant to the terms and conditions of
this article and/or the LDC, including the engineering evaluation, design and construction of
potable water, non-potable irrigation water and/or wastewater utility systems. As outlined herein,
and as set forth in the LDC, the "community development and environmental services
administrator" shall mean the engineering review services division director (county engineer).
* * * * *
Public utilities department division: A department division of the Collier County government
comprised of various departments including, but not limited to, the water and wastewater
departments. The public utilities division is responsible for the management, operation and
maintenance of the Collier County Water-Sewer District. The public utilities department division,
together with the growth management department community development and environmental
services division shall have the responsibility to approve potable water, non-potable irrigation
water (in dual systems) and wastewater systems requests, as well as engineering evaluations,
including, but not limited to, the design and construction of all potable water, non-potable
Words Underlined are added; Words Struck-Through are deleted.
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17.E.1
Packet Pg. 2923 Attachment: Proposed Ordinance (6027 : Utilities Ordinance Amendment)
irrigation water, and wastewater systems eligible to be conveyed to the board for ownership and
maintenance as outlined herein.
* * * * *
(b) Abbreviations.
ANSI American National Standards Institute
ASTM American Society for Testing and Materials
AWWA American Water Works Association
BCC Board of County Commissioners
CCWSD Collier County Water-Sewer District
GMD
CDES
Growth Management Department
Community Development and Environmental Services Division
CPI Concrete Pipe Institute
CUE County Utility Easement
DCA Department of Community Affairs
DSAC Development Services Advisory Committee
ERP Environmental Resource Permit
FAC Florida Administrative Code
FDEP Florida Department of Environmental Protection
FDOT Florida Department of Transportation
GIS Geographic Information System
LDC Land Development Code
MSW Municipal Solid Waste
NAD North American Datum
NEC National Electrical Code
NEMA National Electrical Manufacturers Association
Words Underlined are added; Words Struck-Through are deleted.
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Packet Pg. 2924 Attachment: Proposed Ordinance (6027 : Utilities Ordinance Amendment)
NFPA National Fire Protection Association
NPDES National Pollutant Discharge Elimination System
NWRI National Water Research Institute
PE Professional Engineer
PUD Public Utilities Department Division (can also mean Planned Unit Development)
PWA Preliminary Work Authorization
ROW Right-of-Way
SDP Site Development Plan
SFWMD South Florida Water Management District
SIP Site Improvement Plan
UPS Utilities Performance Security
USACE U.S. Army Corps of Engineers
WEF Water Environment Federation
Sec. 134-57. Policies and standards.
(a) Utility service: Availability of service from the district.
(1) As a requirement to developer's submittal of construction documents, developer
shall obtain prior written verification from the public utilities department division
regarding service from the district, which shall (i) ascertain the current status of
utility service from the district, if any; (ii) identify restrictions, if any, of availability
of such service(s); and (iii) provide pertinent facts regarding location and
availability of district's existing and/or then proposed district utility system(s). The
department division shall respond in writing to all such requests.
* * * * *
(6) Adequate public facilities letter. In the event the proposed development is outside
the service area of the CCWSD, but within the then certificated service area of any
another utility or utility service provider, that utility or utility service provider shall
submit an adequate public facilities letter to GMD CDES. That letter must prove
that prompt availability of such service is available to adequately provide the utility
Words Underlined are added; Words Struck-Through are deleted.
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17.E.1
Packet Pg. 2925 Attachment: Proposed Ordinance (6027 : Utilities Ordinance Amendment)
service(s) and must demonstrate that the entity can and will provide service to the
proposed development in accordance with Chapter 64E-6 F.A.C. for water and
wastewater service systems having a capacity not exceeding 10,000 GPD; also in
accord with Chapters 62-550 and 62-555 F.A.C. for water systems having a
capacity of greater than 10,000 GPD, and/or with Chapter 62-600 F.A.C. for
wastewater systems having a capacity of greater than 10,000 GPD. The adequate
public facilities letter must clearly describe the type and capacity of the utility
services that is available in accordance with the then existing standards in Chapter
64E-6 F.A.C. or Chapter 62-600 F.A.C., as applicable, and must include all
restrictions or requirements the utility (or service provider) may have regarding the
issuance of a binding written commitment for such service(s) to the proposed
project. In the event that potable water, non-potable irrigation water and/or
wastewater service is not readily available to fully serve the proposed project, it
shall be the developer's responsibility to extend and/or improve such service so that
such service(s) can be utilized, or clearly and fully detail the steps that will be taken
to be served with interim utility services. All F.A.C. provisions referred to herein
that are renumbered shall be fully applicable. Refer also to this article's definition
of adequate public facilities letter, which is incorporated herein. The GMD CDES
administrator or designee may require additional information from the utility (or
other service provider) in addition to the adequate public facilities letter, whereby
the utility (or other service provider) must prove to staff's reasonable satisfaction
that the required service(s) are readily available and will be provided promptly. If
requested by staff, the other utility (or service provider), at no expense to the
county, shall promptly provide staff with a capacity analysis report for such utility
service(s), as well as such other additional information as may be requested by staff.
The burden of proof is on the utility or service provider.
(b) FDEP permits.
(1) With respect to development and/or release of FDEP construction permit
applications from the growth management department community development
and environmental services division, written approval from the engineering review
services division department director (county engineer) or designee of the utility
portion of the construction documents for the potable water, non-potable irrigation
water and/or wastewater system(s) or portion(s) thereof is mandatory before the
county or district executes and releases applications for any required FDEP permits.
Prior to commencement of construction, FDEP permit must be issued. With respect
to development of and/or construction activities for an interim utility system, the
development may obtain executed FDEP permit applications prior to engineering
review services division department director (county engineer) final written
approval of construction documents. Under no circumstances shall construction
commence with regard to the interim utility system until the construction
commencement criteria in subsection 134-58(f) herein have been satisfied. With
respect to those service areas outside the CCWSD, copies of all approved FDEP
construction and operating permits shall be submitted to the county or district
immediately upon issuance and receipt.
Words Underlined are added; Words Struck-Through are deleted.
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17.E.1
Packet Pg. 2926 Attachment: Proposed Ordinance (6027 : Utilities Ordinance Amendment)
(2) With respect to the FDEP certification of completion of construction forms, the
engineering review services division department director (county engineer) or
designee will have the forms executed by the public utilities division after they
receive the preliminary inspection approval letter during the preliminary
acceptance process. The engineering review services division department director
(county engineer) or designee will release the forms after review and approval of
the required utility conveyance checklists items in the standards manual per
preliminary conveyance policy.
* * * * *
(g) Utility easement.
(1) All uses of Collier County Utility Easements (CUE) shall be in accordance with
this ordinance or other board approved uses and shall be for the exclusive sub-
surface use of the board or other county or district approved uses. All CUEs shall
comply with relevant LDC requirements, unless specifically authorized to do
otherwise in writing (in the form of a utility deviation form) by the public utilities
department division administrator or designee(s). Any use, other than service
crossings, of a CUE that is not authorized by the county or district and/or approved
by the board is prohibited. Any use of a CUE that creates a hazard or potential
hazard to the potable water, non-potable irrigation water and/or wastewater
system(s) or portion(s) thereof or to the employees of the board/county/CCWSD in
the performance of their duties is prohibited. Private road rights-of-way with CUE
overlays are exempt from the exclusive use provision, however, all design setback
and construction requirements of the ordinance shall be adhered to.
(2) Privately-owned utilities may be allowed within a CUE, subject to prior approval
by the engineering review services division department director (county engineer)
or designee with coordination with the transportation services division and/or the
public utilities department division, and provided that such privately-owned utility
does not hinder operation and/or maintenance and/or repair activities and does not
create an unnecessary financial burden to the rate payers of the district.
Aboveground improvements such as, but not limited to, paved parking, decorative
walls and/or landscaping may be permitted to be installed within a CUE by the
grantor, its successors or assigns. However, all costs and expenses of any and all
repairs, replacements, maintenance and restorations of all such improvements shall
be the sole financial responsibility of the grantor, its successors or assigns. These
cost obligations shall be clearly stated on the approved plans, record drawings, and,
if applicable, in the homeowners' association documents but failure to state such
obligations shall not affect these obligations.
(3) Combined water-wastewater easements shall be agreed upon on a case-by-case
basis, dependent on depth of lines and shall not be combined, unless and until
Words Underlined are added; Words Struck-Through are deleted.
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17.E.1
Packet Pg. 2927 Attachment: Proposed Ordinance (6027 : Utilities Ordinance Amendment)
approved by the engineering review services division department director (county
engineer) or designee.
(4) Width of easements.
a. Minimum width of potable water main, force main, and/or non-potable
irrigation main easements shall be 15 feet.
b. Minimum width of gravity wastewater easements shall be twice the depth
of the bottom of the line or 15 feet, whichever is greater; and
c. Lift station easements shall be at least twice the depth by twice the depth of
the lift station inside-of-wetwell bottom or 30 feet by 30 feet, whichever is
greater; and
d. Combined water-wastewater easements shall be agreed upon on a case-by-
case basis, dependent upon depth of lines.
e. In the event that the CUE(s) do not provide the county/district with full,
adequate physical access to the respective utility facilities, the county must
be provided with other written rights of physical access to such utility
facilities.
f. For well easements, refer to the LDC.
* * * * *
Sec. 134-58. - Construction approval and document submissions.
(a) General. This section establishes the county's or district's minimum requirements, pursuant
to, or in addition to, the minimum LDC requirements for the submission of the following
construction documents by the developer, owner and/or contractor, for county or district review;
however, the engineering review services division department director (county engineer) or
designee or district staff may require additional data, as the county or district staff deems
necessary, in order to complete its review of:
* * * * *
(b) Construction documents.
* * * * *
(4) Schedule of fees and charges. The board shall by resolution establish a schedule of
fees and charges for construction plan review and inspection services. The schedule
shall be posted in the growth management department division of community
development and environmental services. The resolution shall be filed with the
clerk to the board. The schedule may be revised pursuant to standard resolution
adoption and amendment procedures. The construction document review fee shall
be submitted with the construction document submission. The construction
document review resubmission fee shall be required if the county's staff requires a
third review in addition to the initial review and one resubmission. The
Words Underlined are added; Words Struck-Through are deleted.
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17.E.1
Packet Pg. 2928 Attachment: Proposed Ordinance (6027 : Utilities Ordinance Amendment)
resubmission fee shall be submitted at the time the third submission is made. The
construction inspection fee shall be submitted prior to the final construction plan
approval. The construction document modification fee shall be submitted upon
written request by the county staff prior to final approval of the modifications
requested. The developer shall be responsible for the payment of all fees identified
above.
(5) Plans, specifications and cost estimate. The engineer of record shall furnish
complete sets of the construction drawings and technical specifications (engineer's
report) as required by the growth management department community development
and environmental services division (a set of bound technical specifications shall
be provided for community development's master file if not already done so).
Construction drawings shall be prepared on standard size 24" × 36" sheets.
Technical specifications (the engineer's report) shall be typewritten on 8½" × 11"
sheets and bound in an acceptable manner. Technical specifications (the engineer's
report) shall include an estimate of probable construction costs, prepared by the
engineer of record, which contains a summary of quantities and estimate of installed
cost for the potable water, non-potable irrigation water and/or wastewater system(s)
or portion(s) thereof proposed for construction. The cost estimate shall be prepared
by the engineer of record and submitted in itemized form to include the cost of all
required improvements and/or the contract bid price for all work necessary to
complete the required improvements. Incorporation of technical specifications into
the construction drawings, in lieu of a separate set of written specifications as
described above, shall not be acceptable. The construction documents shall be
submitted to the community development and environmental services administrator
or designee for review and written approval prior to the commencement of
construction. The construction documents shall include, but not be limited to:
a. Cover sheet with location map;
* * * * *
g. Potable water, non-potable irrigation water and/or wastewater standard
details. Use of the technical standards contained in the standards manual shall be
required for all construction projects. Pavement restoration, backfill standards,
compaction requirements, etc., regarding work within the public rights-of-way or
CUEs shall be governed by the rules and regulations established by the public
utilities department division as outlined in the standards manual. Standard details
involving these items shall reflect the requirements of the public utilities
department division;
* * * * *
Words Underlined are added; Words Struck-Through are deleted.
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17.E.1
Packet Pg. 2929 Attachment: Proposed Ordinance (6027 : Utilities Ordinance Amendment)
(c) Fire control district approval.
(1) All construction drawings containing potable water distribution systems or
portion(s) thereof shall be reviewed by, and shall require written approval by, the
appropriate independent fire control districts. Fire hydrant location design shall be
in compliance with the LDC or NFPA regulations, latest edition, whichever is more
restrictive. The fire control district shall provide the county staff with a letter
approving the number and location of the fire protection facilities to serve the
project. This letter shall contain an agreement by the fire control district to accept
the ownership and maintenance responsibilities for the hydrants after construction
is complete pursuant to the established policy of each individual fire control district
in effect at such time. The public utilities department division will be responsible
for the fire hydrant lead, up to and including the gate valve as specified in the
standards manual, unless the fire districts do not accept ownership of the fire
hydrants and leads after the isolation valve, in which case the entire lead and fire
hydrant shall be dedicated to the district.
* * * * *
(d) Plats.
* * * * *
(2) Final approval of construction documents for a project will not be made until the
board, pursuant to the LDC requirements, has duly approved the proposed plat.
Plats submitted and approved by the board shall be in complete accordance with
this ordinance. Any requests for deviations from this ordinance shall be clearly
outlined in the executive summary, with a copy sent to the affected division
department(s). Deviations approved as part of the plat shall not be valid unless
clearly outlined in the applicant's submittal letter and a copy of such approval by
the public utilities department division administrator or designee(s) is provided. If
a plat is not required for a specific project, the engineer of record shall provide
documentation confirming such so that the county staff may determine the extent
of utility easements that must be provided.
(e) Utilities performance security and final acceptance obligations cash bond.
* * * * *
(4) The issuer of any letter of credit shall be a federally insured and regulated savings
and loan association or commercial bank, authorized to do, and doing business, in
the State of Florida. The place of expiry must be in Florida. Any letter of credit
must be irrevocable for at least 24 months and must apply to both the construction
and maintenance obligations of the developer and all final utility acceptance
obligations, including late fees, and must be acceptable to the Collier County
Attorney. The beneficiary of any letter of credit shall be the board. The beneficiary
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17.E.1
Packet Pg. 2930 Attachment: Proposed Ordinance (6027 : Utilities Ordinance Amendment)
of a letter of credit provided as a UPS shall be entitled to draw on the letter of credit
if:
a. The developer has failed to construct or maintain the subject potable water,
non-potable irrigation water and/or wastewater improvements; or has failed
to fully perform all final acceptance obligations. Final acceptance
obligations must be submitted to community development & environmental
services, engineering services division department within 14 months
following preliminary acceptance.
b. The letter of credit is scheduled to expire prior to final acceptance, as
described in subsection 134-60(c) herein, and alternative performance
security has not been provided and accepted in accordance with this
ordinance within three business days prior to the expiration date.
(5) A final utility inspection of the subject potable water, non-potable irrigation water
and/or wastewater system(s) or portion(s) thereof shall be conducted prior to release
of a UPS. All construction and maintenance obligations covered by a UPS shall be
guaranteed and maintained by the developer until satisfactory completion of the
final utility inspection. To schedule the final utility inspection, the county staff shall
provide written notice to the engineer of record, if practicable, approximately 30
days prior to the completion of the one-year period from acceptance by the county,
the district or the board of the system(s) or portion(s) thereof. The representatives
of the county, engineer of record, contractor, and developer shall conduct final
utility inspection.
(6) The final acceptance obligations cash bond and the UPS shall remain, at all times,
in full force and effect until the board approves final acceptance. Upon such
approval, the county staff shall return and release the UPS to the project engineer
or the developer's designated agent and shall return the then due payment balance,
if any, of the final acceptance obligations cash bond, without interest, to the entity
that supplied the final acceptance obligations cash bond. The provider of the cash
bond shall be strictly responsible to promptly keep county staff advised of sufficient
mailing return information to facilitate return of the then due cash bond balance. If
the provider of the final acceptance obligations cash bond does not notify staff in
writing to the contrary, the final acceptance obligations cash bond shall run with
the land if the land is sold or otherwise transferred in the interim and in such event
shall be returned to the then current landowner(s) or, if applicable, owner's of the
common areas, such as the condominium association or developer's association. If
due to default of the provider of the final acceptance obligations cash bond, it is not
possible for staff to ascertain the refundable amount of the bond within four years
of the date of delivery of that cash bond to the county and the district, the cash bond
shall be forfeited to the public utilities department division after deducting all then
known obligations payable out of that bond.
* * * * *
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Page 13 of 19
17.E.1
Packet Pg. 2931 Attachment: Proposed Ordinance (6027 : Utilities Ordinance Amendment)
(g) Construction document modification. The engineering review services division department
director (county engineer) or designee, prior to commencement of construction, must
approve all modifications to previously approved construction documents. The engineer of
record shall submit a construction document modification including a written technical
description of all modifications, any and all applicable fees, and revised construction
drawings to the county staff for written approval prior to construction.
Sec. 134-59. Construction observation and inspection.
(a) General.
* * * * *
(d) Construction observation and inspection.
(1) General. Pursuant to the F.A.C., Chapter 62-555.533, the construction of potable
water and/or wastewater system(s) or portion(s) thereof requires a professional
engineer ("P.E.") to certify that the construction was completed in accordance with
the approved construction plans and technical specifications. The certification must
be based upon on-site observation of construction; therefore, all potable water, non-
potable irrigation water and/or wastewater systems construction shall require on-
site construction observation in compliance with the LDC and F.A.C., Chapter 62-
555.533, as may be amended hereafter. The construction observation shall be
performed by a P.E. licensed to practice in the State of Florida or a designated
technical representative under the P.E.'s direction.
The P.E.'s certification of construction compliance with county staff approved
construction documents verifies that the potable water, non-potable irrigation water
and/or wastewater systems or portion(s) thereof have been constructed in
accordance with record drawings. Refer to section 134-60: Utilities conveyance
procedures.
(2) Construction inspections by county representatives.
a. Upon final written approval of construction documents by the county staff,
the engineer of record shall be provided with a list of standard inspections
that require the presence of a county representative. All required inspections
shall be identified in the county's staff's approval letter for the project. The
engineer of record or applicant's contractor shall be responsible for
requesting county inspections based upon the scheduling and progress of
construction. Requests for inspections shall be provided to the county staff
at least 48 hours prior to the requested inspection to allow scheduling of the
county inspector. Verbal confirmation of the inspection time or a request to
reschedule the inspection shall be made by the engineer of record. During
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17.E.1
Packet Pg. 2932 Attachment: Proposed Ordinance (6027 : Utilities Ordinance Amendment)
the county inspection, the engineer of record or his/her designated
representative shall be available on-site.
b. Routine county inspections shall be performed without notice on all potable
water, non-potable irrigation water and/or wastewater systems construction
to ensure compliance with county approved construction documents. In the
event the county inspector, or an employee of the public utilities department
division, during an on-site inspection, finds construction in progress which
does not comply with the procedures and policies contained herein and/or
the approved construction documents, the county inspector, or employee of
the public utilities department division shall have full authority to issue a
stop work order. Such stop work order shall remain in full force and effect
with respect to the non-compliant work until the documented discrepancies
have been corrected to the full satisfaction of the public utilities department
division. Construction-related inspections, where applicable, shall include,
but not be limited to, the following:
1. Hot taps to potable water lines larger than six inches and wastewater
systems lines greater than four inches.*
2. Master meter and bypass piping.
3. Jack & bore casings.*
4. Pressure tests.*
5. Infiltration/exfiltration tests.*
6. Lift station installation, prior to cover-up and start-up.*
7. Lift station start-up.*
8. Lamping of sewer lines.*
9. Pigging and flushing of wastewater lines, force mains, potable water
mains and non-potable irrigation lines.
* Note: full bore flushing and pigging of potable water lines need
only water division department inspection.
10. Television video taping of wastewater lines at end of construction
and the warranty period ("in-office review").
11. Conflict construction.*
12. Connections to existing potable water, non-potable irrigation water
and wastewater systems.*
13. Eight inch diameter or larger casing installations.*
14. Other special requirements as specified by the county staff at the
time of construction document approval.
15. Chlorination of water lines and reflushing of line after chlorination
(needs only water division department inspection only).*
16. Installation of temporary meters/backflows.*
17. Bacteriological sampling (needs water division department
inspection only).*
18. Hot taps to any water concrete mains, pressure tests on lines 20" and
greater, and connections to existing potable systems greater than 12"
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Page 15 of 19
17.E.1
Packet Pg. 2933 Attachment: Proposed Ordinance (6027 : Utilities Ordinance Amendment)
need to be inspected by the water division department and GMD
CDES.*
19. Fire flow testing.
*An inspector on behalf of the county or other qualified employee of the county must be
present during inspections marked with an asterisk.
* * * * *
Sec. 134-60. Utilities conveyance policies and procedures.
(a) General. All utility facilities to be conveyed to the county or district, at the time of
conveyance to the county or the district must comply with this ordinance and with all
then applicable standards and specifications. Nothing in this ordinance requires that the
county or the district must accept title to or any responsibility for any utility facility,
including each interim facility or interim system, until the facility or system has then
received all proper permits/licenses from all applicable agencies prior to and during the
construction, expansion, repair and/or maintenance or completion of each such utility
facility or interim utility facility or interim system and the facility, interim facility
and/or interim system, then complies with all applicable rules and regulations of all
federal, Florida and/or local regulatory authorities or agencies, and of this ordinance,
the utility standards manual and all of the documents then incorporated by reference in
that manual, and each such facility, interim facility and/or interim system is not then
under litigation, enforcement action, claims and/or liens prior to the transfer and/or
entering into a facilities agreement associated with the district or other independent
district utility. Subject to these requirements, potable water, non-potable irrigation
water and/or wastewater systems or portion(s) thereof, after public utilities department
division approval (if applicable), shall be offered to be conveyed to and accepted by
the board. The board will accept title to the offered facilities unless in the specific
instance there exists good reason not to accept title to such facilities. Preliminary
acceptance shall, after public utilities department division approval (if applicable), be
granted by the growth management department community development and
environmental services division administrator or designee. Upon approval from the
public utilities division, final acceptance of such facilities and/or system may be
approved by the board (subsequent to the one year warranty period) and after all final
acceptance obligations and requirements have been complied with. All facilities and/or
systems shall be located within a CUE (or public right-of-way) if they are to be owned,
operated and/or maintained by the county or the district. Neither the county nor the
district shall have no duty with regard to, or any responsibility for, any utility facilities
until title to such utility facilities has been finally accepted by the board.
Notwithstanding that neither the county nor the district has any duty with respect to
such facilities or systems, in the event that county staff deems that due to necessity
(emergency) the county or the district should expend money and/or perform labor to
repair, replace, maintain, relocate, remove or have a contractor or other entity perform
any other similar activity with regard to such utility facilities or system, the board is
authorized to record a claim of lien against the property, site(s) or units(s) that were
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Page 16 of 19
17.E.1
Packet Pg. 2934 Attachment: Proposed Ordinance (6027 : Utilities Ordinance Amendment)
responsible for such utility facilities (or system) at the time the county staff deemed it
necessary to act.
* * * * *
(b) Conveyance documents. Upon the county's (or district's) final approval of construction
documents, engineering review services division department director (county engineer) or
designee shall provide the developer with the county's checklist (see standards manual
appendix) of conveyance documents required for submission at the time the constructed
system(s) or portion(s) thereof is considered for dedication to county or district.
(1) All conveyance documents, including but not limited to, deeds, bills of sale,
affidavits, easements, facilities agreements, subordinations, master
condominium/homeowner's association documents, letters of credit and UPSs,
shall be in a form acceptable to the Collier County Attorney. A schedule of standard
legal document forms, approved by the county attorney, shall be utilized as a guide
in the preparation of conveyance documents. (Refer to section 134-64 of this
ordinance and Appendix D of the Standards Manual.) Revisions to standard legal
document forms as provided herein shall be reviewed and approved by the county
attorney prior to submittal to the growth management department community
development and engineering services division.
(2) Each instruction in section 134-64 of this ordinance is a substantive provision of
this ordinance that must be complied with unless waived in writing by the reviewing
assistant county attorney with regard to the specific document in the specific
instance, and subject to such conditions as may be required by that attorney.
(3) All documents shall be submitted to the engineering review services division
department director (county engineer) or designee for review and written approval
prior to preliminary acceptance of the utility system(s) or portion(s) thereof and
commencement of service. Recording of all documents shall be made by the county
only after written acceptance by the community development and environmental
services administrator or designee. All documents recorded hereafter, which do not
follow this procedure, shall be returned as "unacceptable."
* * * * *
(e) Bacterial analysis. Bacterial analyses shall be required for all new potable and raw water
transmission and distribution systems or portion(s) thereof to be constructed.
Bacteriological samples for potable and raw water system construction shall be performed
prior to preliminary acceptance of the system(s) or portion(s) thereof. All such analyses
shall be performed by the water division department laboratory at no cost to the county or
the district, with test results submitted in writing to the engineering review services division
department director (county engineer) or designee before 30 days of being placed in service
for transmission and/or distribution lines. The public utilities department division shall not
process meter installations until bacterial tests have been satisfactorily completed and
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17.E.1
Packet Pg. 2935 Attachment: Proposed Ordinance (6027 : Utilities Ordinance Amendment)
submitted, and the division has received the FDEP placement in service approval letter or
other FDEP written approval. The developer shall be responsible for coordinating all
aspects of submission of necessary test results and/or State approvals for placement in
service of the potable water system(s) or portion(s) thereof.
(f) Final costs. The developer or engineer of record shall submit to the engineering review
services division department director (county engineer) or designee a detailed listing of all
materials utilized in the utility system(s) construction. This schedule shall include the
description of items, quantities utilized, per unit cost and total cost for each individual item
utilized in the potable water, non-potable irrigation water and/or wastewater system
construction. The total cost of all items, including labor and installation costs, utilized for
the potable water, non-potable irrigation water and/or wastewater system shall be clearly
shown on the verification of final cost schedule. A UPS of ten percent will be calculated
on the verification of final cost schedule. Costs shall be table separately for proposed
county-owned (certification of contributory assets—county) and privately-owned
(certification of private material) infrastructure(s). These cost breakdown listings will be
for material costs only, exclusive of any and all labor and/or installation costs.
* * * * *
(h) Lift station submittals. A copy of the manufacturer's startup report for each facility shall be
provided with conveyance documents. Included with this report shall be a written
verification from the electrical contractor for the lift station verifying the wire type and size
for the electric service and certifying that the voltage drop across the service under full load
startup will not exceed five percent of the power company's line voltage at the transformer
supplying the station. All tools, such as access cover lock handles, valve wrenches, keys
or panel locks, required for the ready access and use of the facilities shall also be submitted
to the engineering review services division department director (county engineer) or
designee with the documents.
(i) Recordation fees. The developer of a project will be responsible for the payment of all
recordation fees associated with the utilities conveyance procedures. The developer shall
remit the total amount of the recording fee associated with recording the conveyance
documents to the engineering review services division department director (county
engineer) or designee prior to the final acceptance of the potable water, non-potable
irrigation water and/or wastewater system(s) or portion(s) thereof.
* * * * *
Sec. 134-61. Amendments.
County staff may recommend amendments to this article (including the manual and
documents incorporated by reference into the manual) as may be deemed necessary or appropriate
by the public utilities administrator and, in case of actual or possible conflict with the LDC, upon
the additional prior review by the growth management administrator community development and
environmental services administrator (it being understood that as a matter of law this article cannot
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17.E.1
Packet Pg. 2936 Attachment: Proposed Ordinance (6027 : Utilities Ordinance Amendment)
conflict with the LDC and the LDC controls to the extent of such conflicts). Revisions to the
standards manual should be made periodically by the public utilities administrator to reflect the
best engineering practices, technology advances, compliance with other agencies, and public input,
if any. Such revisions shall also be reviewed by the parties listed above. Revisions to the standards
manual must be approved by Resolution of the board of county commissioners. Each such
resolution must be placed on the BCC agenda under scheduled public hearings or in the summary
agenda section.
SECTION TWO: Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any court of competent jurisdiction holds any
phrase or portion of the Ordinance invalid or unconstitutional, 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: Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and may be made a part of the Code of
Laws and Ordinances of Collier County, Florida. The section of the Ordinance may be renumbered
or re-lettered to accomplish such, and the word “Ordinance" may be changed to "Section,"
"Article," or any other appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall take effect upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _______ day of _____________, 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
LAIRD A. LILE, CLERK AD INTERIM COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY
FLORIDA AND EX-OFFICIO GOVERNING
BOARD OF THE COLLIER COUNTY
WATER-SEWER DISTRICT,
By: ________________________ By: _____________________________
, Deputy Clerk ANDY SOLIS, CHAIRMAN
Approved as to form and legality:
______________________________
Jeffrey A. Klatzkow,
County Attorney
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17.E.1
Packet Pg. 2937 Attachment: Proposed Ordinance (6027 : Utilities Ordinance Amendment)
17.E.2
Packet Pg. 2938 Attachment: Legal Ad - Agenda ID 6027 (6027 : Utilities Ordinance Amendment)