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Ordinance 88-077ORDINANCB NO, 88- 77 AN ORDINANCE AMENDING COLLIER ORDINANCE NO. 74-50, AS AMENDED, ADDING A SUBSECTION UNDER ;tRTI CLE SECTION 2.01 WHICH REQUIRES A R~IEW FEE FOR WATER MANAGEMENT SYSTEM DESIGNS ASSOCIATED WITH BUILDING PERMIT APPLICATIONS AND ESTABLISHES THAT T}IE FEE THERETO SHALL BE EFFECTED BY RESOLUTION ADOPTED BY T~E BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County Ordinance No. 74-50 was created to % establish the Collier County Water Management Policy to effect maximum beneficial use, development, conservation, and protection of the water resources of Collier County, Florida; and WHEREAS, certain Building Permit Applications require review and approval of water management system designs for conformance to Collier County Water Management System Design Standards; and ~tEREAS, in order to compensate the County for the actual · costs incurred in the processing of building permit ~plications invol~ing water management system designs, a review f~e ]must be established and a method provided to adjust such review fee fromm time to time to properly reflect the actual coats inc,:red in the review process. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Collier County Ordinance No. 74-50, ;~tl¢le II, Section 2.01, as amended, is hereby amended to read as foll~ws: 2.01 Permit Required, Unlawful 1. It shall be unlawful without first obtaining & perm/t as required by this Ordinance, for any per,on, firm~ corporation or other legal entity, including a land owner, lessee or other person with the right or duty to control the use of land, or for any ~11 or p~ driller, digger or installer or any contractor or other agent; (a) to use, divert, or withdraw any water within Collier County; Words-stemek-%kEe~k are deleted; words underlined are added. (b) to construct, alter, operate, maintain or abandon any dam, impoundment, reservoir, appurtenant work or works in Collier County~ (c) to begin construction of any project to artificially recharge any aquifer or intentionally introduce water to any underground formation in Collier Countyl (d) to discharge industrial or commercial waste or public, municipal or private sewage effluent into the waters, adjacent soils or undergro~ld formations of Collier County by lurface discharge, deep well injection, or other method; (e) to connect or place structure In, on, under or across project works, as defined herein, or otherwise mar use iof project works or lands of the County. EXCEPTION: No land owner ~hall be denied a permit to withdraw ~ater from his land for his reasonable-beneficial domestic use. 2. A. Each application for a permit shall be accompanied by a non-refundable faa as established from time to time by resolution of the Board of County Commissioners and aha11 be filed with the Couitty Manager in a form to include, but not be limited to the following information= (1) Date the application il filed; (2) Name and address of the applicant (t.f a corporation, address of the local enid principal business offtca)~ Words-sk~uek-tkeee~h are doleted; words underlined are added. (3) The source of water supply (if a 1aloe, spring, river, stream or other surface wat~r~ the name generally used in the vicinity - if a ground water source, so etate)~ (4) Well diameter, casing depth, total depth and casing material; (5) The quantity of water applied for, the use to be made of the water and any limitation including the nature of the use, mthod of ~ withdrawal or diversion, and facts upon which the amount of water requested is based; (6) The place and land area where the water is to be used; (?) The location of the well, or for surface water the point of diversion; (8) The total land area owned or leased by the applicant from which water ia to be vithdrawnl (9) The s~gnature of the applicant or his agent (if a representative capacity, attach proof of authority - if a corporation, public district, county, municipality, etc., lnolude a certified copy of the authority by which the application is made)~ Other information required by the Board. B. The Board of County Commissioners shall have the authority to effect changes in the non-refundable application fee for water ~11 permits by adoption of a Resolution. (10) Words-ot~ek-%kee~h ara deleted~ ~orda underlined are a~ded. The application must be presented to the County Manager's Office no later than thirty (30) days prior to date of the Water Management Advisory Board meeting during which the application is to be heard. Ten (10) days prior to the hearing the application will be included on the Agenda and the applicant will be advised and invited to attend. The Board shall hold a hearing on each ap,pltcat£on for a permit unless; (a) the application or use is for less than 100,001 gallons per day; (b) the application is for less than 1,000,001 gallons per day, and there are no lubstantial objections to the application. The Board, after proper investigation may approve the application without a hearing. All building permit applications requiring review and aporoval of a water management system design shall be charged a review fee. The Boar,~ of Co~t~ Commissioners shall establisht and adopt, by Resolution, a schedule of fees for bull,ding ps.alt related water management system design review and approval ~ertain~ng to this Ordinance. The schedule of fees shall be posted in the office of the Buildin~ Department and the Development Services Department and the resolution establi~_hing such fees shall be on file with the Clerk to the Board. The schedule of fees may be changed in accordance with standard resolution adoption and amendment procedures of the Board of County Commissioners and repeal or amendment of the schedule shall not be subject to the procedure otherwise necessary for amendment of thJ. s Ordinance. Words-et~ek-theem~h are deleted; words underlined are added. NOTEs The County Manager may issue a perm/t for an agricultural use without a hearing after receiving information and data subltantiated by the County Agricultural Agent which demonstrates the reasonable beneficial use of water and ].ts availability from the source designated. SECTION TWO. CONFLICT AND SEVERABILITY. If any section, subsection, sentence, clause, phrase o= portion of& this Ordinance ia, for any reason, held invalid or unconstitutional by any Court of competent Jurtsdiction~ such ~ortion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remainder hereof. In the event this Ordinance conflict~! with any other appropriate law, the more restrictive shall apply. If a31y part of this Ordinance conflicts with any other part, it shall be severed and the remainder shall have full force and effl~ct and shall be liberally construed to effect the purpose hereof. SECTION THREE. EFF~.CTIVE DATE. This Ordinance shall be come effective on October 1, 1928. I'ASSED AND DULY ADOPTED by the Bosrd of Cou~y~ssioners of Collier County, Florida, this .~ day o~~--_, 1988. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: 'JAR~S C. GILES, Clerk · ",~%~ ~,~ ~.. "A~p~ovea 'as to term a~d : legAk. ~uffiuiency~ ~'~)~ Kenneth~ B. -tuy~- Count~ Attorne~ h. SAUNDERS, Cha[rman Words-etevek-tkeougk are deleted~ words underlined are a, dded. STATE OF FLORIDA ) COUNTY OF COLLIER ) '- I, JAMES C. GILES, Clerk o! Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of= Ordinance No. 88-7? which was adopted by the Board of County Commissioners c,n the 27th day of September, 1988, during Regular Session. WITNESS my hand and the official seal o~ the Board of County Commissioners of Collier County, Florida, this 28th day of September, 1988. JAMES C. GILES .'~.. Clerk of Courts and Cle~.]~ '. Ex-officio to Board of~ ,. CounL~o~lseioner~ ~ · ' ' .~..': .. ~puty Clerk 032 202