Ordinance 2007-11
(O'::f~l . ~ ~~D~~~NNC;~~~~~~~~~~;~;~~~~U~~~~~
{\\.\\'(~ MANAGEMENT PLAN FOR THE UNINCORPORATED
;. \\~~\.\~ \..U ,~~/ AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING
\ ~ ~~/ THE DRAINAGE SUB-ELEMENT OF THE PUBLIC
L'coo :t ><l ' FACILITIES ELEMENT; BY PROVIDING FOR
'!'6~8ZLZ9~":> SEVERABILITY; AND BY PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted the Collier County
Growth Management Plan on January 1 0, 1989; and
WHEREAS, Collier County has held public hearings to provide for and
encourage public participation throughout the 2006-07 plan amendment process; and
WHEREAS, Collier County did submit the 2006-07 Growth Management Plan
Amendments to the Department of Community Affairs for preliminary review on May 26,
2006; and
WHEREAS, the Department of Community Affairs did review and did make
written objections to the DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES
ELEMENT Amendments to the Growth Management Plan and transmitted the same in
writing to Collier County within the time provided by law; and
WHEREAS, Collier County has 120 days from receipt of the written objectiollls
from the Department of Community Affairs to adopt, adopt with changes or not adopt
the proposed DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT
Amendments to the Growth Management Plan; and
WHEREAS, the Board of County Commissioners of Collier County did take
action in the manner prescribed by law and did hold public hearings concerning the
adoption of the DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT
Amendments to the Growth Management Plan on January 25, 2007; and
WHEREAS, all applicable substantive and procedural requirements of law have
been met; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: ADOPTION OF AMENDMENTS TO THE DRAINAGE SUB-ELEMENT
OF THE PUBLIC FACILITIES ELEMENT OF THE GROWTH
MANAGEMENT PLAN.
This Ordinance as described herein, shall be known as the DRAINAGE SUB-
ELEMENT OF THE PUBLIC FACILITIES ELEMENT Amendments to the Growth
Management Plan for Collier County, Florida. The Collier County Growth Management
Plan DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILITIES ELEMENT
Amendment is attached hereto as Exhibit A and incorporated herein by reference.
1
SECTION TWO: SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the remaining
portion.
SECTION THREE: EFFECTIVE DATE.
The effective date of this Amendment to the DRAINAGE SUB-ELEMENT OF
THE PUBLIC FACILITIES ELEMENT shall be the date a final order is issued by the
Department of Community Affairs or Administration Commission finding the Element in
compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs
earlier. No development orders, development permits, or land uses dependent on this
Element may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a Resolution affirming its effective status,
a copy of which Resolution shall be sent to the Department of Community Affairs,
Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida
32399-2100.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County this 25th day of January. 2007.
""
ATTEST- . (l."~':\7"'D ~~
. . ',:' .......... V/o "
DWI rE...B~.19.:?~ERK..,..
(~: ,,' '~~ 4stLfrLLtL l<_
eputv Clerk.,.. .'~> .
- ;~ttest 'u to -en,;} i Mi'"G,1 '~
's ""Q(i ~ t u....~~.' I:~t, ~~ "
. ~ . .1 ',' .'.'
BOARD OF COUNTY COMMISSIONERS
COLLlER~.%t~~" .
BY: /./
JAM~ COLETTA, CHAIRMAN
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
nb~~iJ on. ~-~
MARJ IE M. STUDENT-STIRLING
ASSISTANT COUNTY ATTORNEY
2007 DRAINAGE SUB-ELEMENT OF THE PUBLIC FACILlTES ELEMENT
This ordinance filed with the
~.!etory of tate's Office~,
"'"v, day of _~ I
and acknowledgement f that
~~~~~oy
2
Drainage Sub-Element
As Adopted by BCC
1-30-07
EXHIBIT "A"
I.
INTRODUCTION
[New Language, page 1]
This portion of the Collier County Growth Management Plan inventories both the natural
conditions and stormwater management activities within unincorporated Collier County.
In Collier County. there are two (2) primary service providers with regard to the
provision of stormwater management services. The County's Transportation Services
Division maintains drainage systems associated with County and State Roadways as well
as the Secondary Drainage System. The Big Cypress Basin Board. an arm of the South
Florida Water Management District (SFWMD), maintains the larger. regional surface
water management systems within Collier County. The regional drainage system is also
referred to as the Primary Drainage System.
However. management of stormwater is concerned not only with flood prevention (a
quantity issue). but also with the removal of various pollutants picked up by the
stormwater as it flows across the County's developed land areas (a quality issue). Such
pollutants can include oils. greases. heavy metals. pesticides. fertilizers and other
substances. which can have a deleterious impact on the County's natural systems and.
above all. its groundwater quality. Note that. in this respect. there is overlap in the
intended purpose between the Drainage and Natural Groundwater Aquifer Recharge Sub-
elements: both seek to protect aquifer recharge areas. However. the emphasis of the
Drainage Sub-element is on surface water protection. whereas the emphasis of the
Natural Groundwater Aquifer Recharge Sub-element is on groundwater protection.
The term "stormwater management" refers to a set of comprehensive strategies for
dealing with both stormwater quantity and stormwater quality issues. The primary
component of these strategies is the need to ensure that the volume. rate. timing and
pollutant load of stormwater runoff after development is similar to that which occurred
prior to development. To accomplish this task. stormwater management entities employ a
combination of structural and non-structural techniques. Non-structural techniques
emphasize preservation or restoration of natural drainage features to promote infiltration.
filtering and slowing of runoff. Structural techniques include the variety of manmade
channels and control structures maintained within the primary and secondary drainage
systems. The obiective of stormwater management is to develop a combination of
techniques which provide for adequate pollutant removal and flood protection in the most
economical manner.
One of the key principles of current stormwater management techniques is recognition of
the need for ba'iin-wide (or watershed basin) planning. The stormwater management
system has to be designed so as to ensure that the final outlet point has adequate capacity
to handle all discharges from the upstream portion of the watershed under conditions
present at the time of design. Subsequent development upstream must then utilize
stormwater management techniques and systems. which will maintain predevelopment
run-off conditions so that the capacity of the downstream portion of the watershed is not
Words underlined are added; words struok through are deleted.
Drainage Sub-Element
As Adopted by BCC
1-30-07
exceeded. In this respect. there is an overlap between the intended purpose of the
Drainage Sub-element and Goal 2 of the Conservation and Coastal Management Element.
including the Watershed Management Plans discussed under Obiective 2.1 of the CCME.
Words underlined are added; words struck through are deleted.
2
Drainage Sub-Element
As Adopted by BCC
1-30-07
Goal, Objectives and Policies
Drainage Sub-Element
GOAL I:
[Renumbered, revised text, page 1]
COLLIER COUNTY SHALL PROVIDE DRAINAGE AND FLOOD PROTECTION
FOR EXISTING AND FUTURE DEVELOPMENT, MINIMIZE THE DEGRADATION
OF QUALITY OF RECEIVING WATERS AND SURROUNDING NATURAL AREAS
AND PROTECT THE FUNCTIONS OF NATURAL GROUNDWATER AQUIFER
RECHARGE AREAS.
OBJECTIVE 1.1:
SYSTEMS)
(CAPITAL FACILITY PLANNING FOR DRAINAGE
[Renumbered, revised text, page 1]
The County shall utilize :vta the Annual Update and Inventory Report on Public Facilities
(AUIR) process, amlUally to update the Drainage Atlas Maps and Channel/Structure
Inventory components of the adopted Water Management Master Plan and to verify the
existing watershed basin boundaries within Collier County. The County will also -Vyerify
the design storm capacity of the drainage facilities within each basin, and determine the
costs necessary to maintain the facility capacities to selected design storm standards-,- This
information shall be used to fer inclusion of needed programming of operational funds in
the Annual County Budget and to identify necessary capital projects and basin studies in
the Annual Capital Improvement Element Update and Amendment.
Policy 1.1.1:
[Renumbered, revised text, page 1]
The County shall continually Mmonitor adopted existing water management procedures
that are in place to ensure that existing natural systems, existing developments, and
proposed developments will receive beneficial consideration from in proposed '/later
management procedures and projects. Future updates and re'/isions to water management
procedures shall reflect necessary changed conditions changes in the new teehniql:les as
identified through monitoring activities.
The County shall update and revise stormwater management maintenance procedures and
capital proiects based on continual facilities performance monitoring activities.
Consideration will be given to natural systems as identified in Policy 2.1.4 of the
Conservation and Coastal Management Element, existing developments and proposed
developments.
Policy 1.1.2:
[Renumbered, revised text, page 1]
County drainage system capital facility planning shall be designed Ol:ltline hovl to
implement procedures and projects in a manner to ensure that adequate stormwater
management facility capacity is available at the time a development permit is issued, or
that such adeql:late water managemeat facility capacity is available or will be available
when needed to serve the development.
Words underlined are added; words struok through are deleted.
3
Drainage Sub-Element
As Adopted by BCC
1-30-07
Policy t.1.3:
[Renumbered, revised text, page 1]
The County shall Gfontinue to develop public drainage facilities. which te maintain the
groundwater table as a source of recharge for the County's potable water aquifers. afl:d
meet the provide a source of irrigation water fteeds- for agricultural. horticultural and golf
course and commercial operations and provide water to native vegetation.
Policy t.1.4:
[Renumbered, revised text, page 1]
Continue on going efforts to evaluate the feasibility of restoring surfaee '.vater flo'll into
historical flow ways and utilizing them to help control discharge into the estuaries.
The County shall continue to evaluate structural and non-structural measures for restoring
historical hydroperiods in impacted watersheds where possible and for reducing the
impacts of canal and stormwater discharges to estuaries. Selected measures will be
implemented through the watershed management planning process identified within Goal
2 of the Conservation and Coastal Management Element of the Growth Management
Plan.
Policy t.1.5:
[Renumbered, revised text, pages 1,2]
Three (3) detailed basin studies are planned within the 5 year planning time frame as
follows:
.RasiR
Gordon River Extension
Belle Meade
Immokalee
StaFtiR2: Date
FY 96/97
FY 98/99 May, 2004
FY 200012001
CaIHPleti8R Date
FY 98/99
FY 2000/2001 .^..pril, 2006
FY 200212003
Watershed Management Plans will be undertaken as set forth in Obiective 2.1 of the
Conservation and Coastal Management Element (CCME). As the studies are After each
plan is completed, the results will be made available to the property owners located
within the basin~ boundaries for their use in petitioning the Board of County
Commissioners to create a taxing/assessment unit to fund the proposed implementation of
the studies' plan's recommendations. Until the Watershed Management Plans are
completed. the County shall apply the interim standards for development as contained in
CCME Obiective 2.1.
P.eliey 1.1.6
[Deleted text, page 2]
Initiate sub basin st\:ldies 08 the Secondary Drainage System aRd portioRs of the basin
'J.ithin the Urban .\roa. The status of several of the critical sub basin studies is as follows:
.RasiR StaFtiR2: Date CalHpletiaR Date
Le1y MainlBranchlManor N+A ~
Words underlined are added; words struok through are deleted.
4
Drainage Sub-Element
As Adopted by BCC
1-30-07
Harvey FY 95/96
US 11 Outfall Sv/ules NfA
Implementation of these projects is currently underv;ay.
FY 96/97
+9,%
OBJECTIVE t-.2:
[Renumbered, revised text, page 2]
The County shall Mmaintain adopted drainage level of service standards for basins and
sub-basins identified in the Water Management Master Plan. Maintenance of the
drainage level of service (LOS) identified for each basin will be implemented through the
watershed management planning process identified within Goal 2 of the Conservation
and Coastal Management Element of this Growth Management Plan.
Policy t-.2.1:
[Renumbered, revised text, pages 2, 3]
The following levels of service for drainage are hereby adopted for the purpose of issuing
development permits.:. -;. Upon completion of each associated Watershed Management
Plan. the level of service will be modified. if warranted.
A. Future "private" developments - water quantity and quality standards as specified
in Collier County Ordinance Numbers 74-50~ afHi--90-1O and 2001-27. and Land
Development Code Ordinance Number 91 1022004-41. as amended.
B. Existing "private" developments and existing or future public drainage facilities -
those existing Levels of Service identified (by design storm return frequency
event) by the completed Water Management Master Plan as follows:
LEVELS OF SERVICE A TT AINED BY BASINS
BASIN
LEVEL OF
SERVICE
MAIN GOLDEN GATE SYSTEM
Main Golden Gate Canal Basin
Cypress Canal Basin
Harvey Canal Basin
1-75 Canal Basin
Green Canal Basin
Airport Road Canal South Basin
Corkscrew Canal Basin
Orange Tree Canal Basin
951 Canal Central Basin
DISTRICT NO.6 SYSTEM
Rock Creek Basin
C-4 Canal Basin
Lely Main Canal Basin
Lely Canal Branch Basin
Lely Manor Canal Basin
D
D
D
D
C
D
D
D
C
D
C
D
D
D
Words underlined are added; words struok through are deleted.
5
Drainage Sub-Element
As Adopted by BCC
1-30-07
Haldeman Creek Basin
Winter Park Outlet Basin
COCOHA TCHEE RIVER SYSTEM
Cocohatchee River Basin
Pine Ridge Canal Basin
Palm River Canal Basin
COCOHATCHEE RIVER SYSTEM (eoRtiRueEl)
West Branch Cocohatchee River Basin
East Branch Cocohatchee River Basin
Airport Road Canal North Basin
951 Canal North Basin
GORDON RIVER EXTENSION
Gordon River Extension Basin
Goodlette-Frank Road Ditch Basin
HENDERSON CREEK BASIN
Henderson Creek Basin
FAKA-UNION SYSTEM
Faka-Union Canal Basin
Miller Canal Basin
Merritt Canal Basin
Prairie Canal Basin
SOUTHERN COASTAL BASIN
US-41 Outfall Swale No.1 Basin
US-41 Outfall Swale No.2 Basin
Seminole Park Outlet Basin
BARRON RIVER SYSTEM
Okaloacoochee Slough Basin
Barron River Canal North Basin
Urban Immokalee Basin
MISCELLANEOUS INTERIOR WETLAND
SYSTEMS
Corkscrew Slough Basin
D
D
D
C
D
C
D
D
D
D
D
D
D
D
C
C
D
D
C
D
C
C
D
Policy 1.2.~~:
[Renumbered, revised text, page 4]
The County's Enlarge the scope of the Water Management Master Plan te shall include
recommendations for changing Levels of Service together with an analysis of capital
requirements.
OBJECTIVE 1.3:
[Renumbered, revised text, page 4]
BeghmiFlg with fiscal year 1996 97, a five year schedule of capital improvement needs
for water management facilities will be maintained aFld l:lpdated anFll:lally in cOFlformaFlce
':/ith the review process for the Capital Improvement Element of this plan.
Words underlined are added; words struok through are deleted.
6
Drainage Sub-Element
As Adopted by Bce
1-30-07
The County shall maintain and annually update a five-year schedule of capital
improvements for water management facilities in conformance with the annual review
process described within the Capital Improvement Element of the Growth Management
Plan.
Policy 1.3.1:
[Renumbered, revised text, page 4]
The County shall 9Qeve10p and maintain procedures to annually update water
management facility demand and capacity information.
Policy 1.3.2:
[Renumbered, revised text, page 4]
The County shall PQrepare periodic annual summaries of capacity and demand
information for each water management facility and service area.
Policy 1.3.3:
[Renumbered, revised text, page 4]
Collier County shall evaluate and rank Wwater management capital improvement
projects will be eya1uated afld ranked according to in accordance with the priorities stated
in the Capital Improvement Element of this plan.
Policy 1.3.4:
[Renumbered, revised text, page 4]
Major emphasis shall be given to improving existing drainage facilities in and around
urban and estates desigflated areas (on the adopted Future Land Use Map) to maintaifl
their use. County improvements to, and maintenance of, existing drainage facilities shall
be a priority over new construction proiects in the urban and estates designated areas
(exclusive of Southern Golden Gate Estates).
OBJECTIVE 1.4:
[Renumbered, revised text, page 4]
The County shall Beginning with fiscal year 1996 97, develop and maintain policies and
programs to correct existing deficiencies and to provide for future facility needs in
accordance with for those projects 'l/hich have been outlined the annual work program
referenced in the adopted Water Management Master Plan and any future individual
basin studies.
Policy 1.4.1:
[Renumbered text, page 4]
Water management projects shall be undertaken in accordance with the schedule
provided in the Capital Improvements Element of this plan. These projects shall be
undertaken in coordination with the Big Cypress Basin/South Florida Water Management
District 5 Year Plan.
Policy 1.4.2:
[Renumbered, revised text, page 4]
Words underlined are added; words f;truok through are deleted.
7
Drainage Sub-Element
As Adopted by BCC
1-30-07
Collier County shall Gforrect eXlstmg deficiencies and provide for future water
management facility needs through the formulation and implementation of an annual
work programs. In order to implement the annual work program, the County shall
~ncourage the use of innovative funding sources mechanisms including, but not limited
to utilization of special taxing or assessment districts.
Policy 1.4.3:
[Renumbered, revised text, page 4]
Develop a public a?/i:ueness program to inform the governmental leadership and genera-!
public of the need to I:ltilize total ';/atershed management concepts within the existing
drainage systems and the eHvironmental enhancements that v..ill resl:llt from their
implemeHtation.
The County shall develop and maintain a stormwater management public awareness
program, which will include, but not necessarily be limited to, a Collier County
Stormwater Management website. The primary purpose of this program shall be to
provide information regarding the County's stormwater management programs to the
general public including, but not limited to, the environmental enhancements that will
result from the use of total water management concepts within the existing drainage
network.
OBJECTIVE 1.5:
[Renumbered, revised text, page 5]
The County shall Gfontinue to regulate land use and development te in a manner that
protect~ the functions of natural drainage features and natural groundwater aquifer
recharge areas-,- Implementation of this Obiective will be consistent with the Watershed
Management Planning process identified within Goal 2 of the Conservation and Coastal
Management Element of the Growth Management Plan, through and with relevant
provisions contained within the adopted Land Development Code (Ordinance 91 102
Number 2004-41. as amended).
Policy 1.5.1:
[Renumbered, revised text, page 5]
Collier County shall L^1HHl:lally periodically review all appropriate Water Management
Ordinances and regulations to determine their effectiveness in protecting the functions of
tAe natural drainage features and natural groundwater aquifer recharge areas.
Policy 1.5.2:
[Renumbered, revised text, page 5]
Based upon the periodic review described in Policy 5.1, the County shall ggevelop any
appropriate new ordinances and regulations that are necessary to ensure protection of the
functions of natural drainage features and natural groundwater aquifer recharge areas.
OBJECTIVE t-.6:
[Renumbered, revised text, page 5]
Words underlined are added; words Gtruok through are deleted.
8
Drainage Sub-Element
As Adopted by BCC
1-30-07
The County shall protect the functions of natural drainage features shall be protected
through the application of standards that address the quality and quantity of discharge
from stormwater management systems. Implementation of this Objective will be
consistent with the watershed management planning process identified within Goal 2 and
Objective 2.1 of the Conservation and Coastal Management Element of the Growth
Management Plan. This objective is made measurable through the following policies:
Policy M.ll
[Renumbered, revised text, page 5]
Projects shall be designed and operated so that off-site discharges will meet State water
quality standards, as set forth in Chapter 17 302 62-302.300, F.A.C., as it existed eR
L'\Ugl:lst 31, 1999 at the date of project approval.
Policy M.2l
[Renumbered, revised text, page 5]
Collier County's Rretention and detention requirements shall be the same as those
provided in the South Florida Water Management District's Basis of Review, Section 5.2,
as it existed on L'\Ugust 31, 1999 at the time of project approval.
Policy M.3l
[Renumbered, revised text, pages 5, 6]
Allowable off-site discharge rates shall be computed using a storm event of 3 day
duration and 25 year return frequency. The allowable off-site discharge rates are as
follows:
a. Airport Road North Sub-Basin 0.04 cfs/acre
(North of Vanderbilt Beach Road)
b. Airport Road South Sub-basin 0.06 cfs/acre
(South of Vanderbilt Beach Road)
c. Cocohatchee Canal Basin 0.04 cfs/acre
d. Lely Canal Basin 0.06 cfs/acre
e. Harvey Basin 0.055 cfs/acre
[. Wiggins Pass Basin 0.13 cfs/acre
g. All other areas 0.15 cfs/acre
Ia special cases, tThe County may exempt projects may be exempted by the County from
these allowable off-site discharge rates if providing any of the following applies:
1. The project is exempt from allowable off-site discharge limitations pursuant to
Section 40E-400.315, F AC.
2. The project is part of an existing SFWMD permit>. which allows discharge rates
different than those listed above.
3. It can be documented that the project currently discharges off-site at a rate higher
than those listed above. The documentation required for this purpose shall be
Words underlined are added; words struok through are deleted.
9
Drainage Sub-Element
As Adopted by BCC
1-30-07
prepared by a registered professional engineer. and will consist of an engineering
study prepared by a registered professional engineer. which utilizes the applicable
criteria in the "SFWMD Basis of Review for Environmental Resource Permit
Applications". The study shall be subject to review and approval by the County
and SFWMD staff. The study shall include the following site:specific
information:
a. Topography
b. Soil types and soil storage volume
c. Vegetation types
d. Antecedent conditions
e. Design rainfall hydrographie
f. Depression storage capacity
g. Receiving water hydrograph. and
h. Other relevant hydrologic and hydraulic data.
Using the above information. a hydrologic and hydraulic model shall be developed which
demonstrates the higher off-site discharge rate shall be developed.
EAR-Drainage S-E Adopted by BCC
G: Comprehensive/EAR Amendment Modifications/BCC Adoption Final
cs-kvl-dw/5-24-06
Words underlined are added; words struok through are deleted.
10
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-11
Which was adopted by the Board of County Commissioners
on the 25th day of January, 2007, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of February, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
/
(!u.u. n-~ O~.
By: Ann Jennejohn,
Deputy Clerk