Ordinance 88-079ORDINANCE NO. 88 - 79
AN ORDINANCE ESTABLISHING A~D IMPOSING A
~ORATORIUM ON THE ISSUANCE OF BUILDING PERMITS
OR, UPON COMPLIANCE WITH SPECIFIED CONDITIONS,
CERTIFICATES OF OCCUPANCY IN AREAS WITHIN
THAT PART OF THE JURISDICTION OF THE COLLIER
COUNTY WATER-SEWER DISTRICT DESCRIBED AS~ ~:~.
· ....Those certain lands located within Sections 5,:~ ~'~ '.
.~.~6 and 7, Township 48 South, Range 25 East, ~. ~: .. ....
· J,~itollier County, Florida, more particularly
~.. ,~escrib~d as follows:
Lots I through 24, inclusive, Block 1, Bonita
Shores Unit 1 as recorded in Plat Book 3, ~,. ,.
Page 1, of the Public Records of Collier Count~.p"~
Florida; and
Lots I through 15, inclusive, Block 2, Bonita
Shores Unit 2 as recorded in Plat Book 3,
Page 43, of the Public Records of Collier
County, Florida~ and
Lots 1 through 13, inclusive, Block A,
Little Hickory Shores Unit 1 as recorded
in Plat Book 3, Page 6, of the Public Records
of Collier County, Florida~ and
All of Little Hickory Bay Condo PUD as ~escribed
in Collier County Ordinance No. 79-65~
All of the lands described in OR Book 1236,:
Page 604, of the Official Records of.'~ollie~' ' :.
County, Florida, containing 1.37 acre~,
All of Sections 6 and 7, Township 48 South,
Range 25 East, Collier County, Florida.
PROVIDING FINDINGS ARD PURPOSEi PROVIDING THAT
THE MORATORIUM SHALL BE IN EFFECT FROH SEPTE~BER
13, 1988 TO JULY 1, 19895 PROVIDING A PROCEDURE FOR
OBTAINING A VARIANCE TO THE MORATORIUM~
PROVIDING FOR CONFLICT AND SEVERABILITY~
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
C~HISSIONERS OF COLLIER COUNTY, FLORIDA, that~
S~CTION ONE.. Findings and Purpose
The Board of County Commissioners of Collier County,
Florida, (hereinafter referred to as the "Board") and the Collier
County Planning Commission (hereinafter referred to aa the
"CCPC") have identified a critical and immediate concern that the
water distribution system serving those areas within the
Jurisdiction of, and presently being served by, that part of the
Collier County water-Sewer District legally described as,
Those certain lands located within Sections 5, 6 and 7,
Township 48 South, Range 25 East, Collier County, Flori~,
more particularly described as follo~sz
Lots 1 through 24, inclusive, Block 1, ~onita Shores Unit
as recorded in Plat Book 3, Page 1, of the Public Records of
Collier County, Florida; and
Lots 1 through 15, inclusive, Block 2, Bonita Shores ~init 2
as recorded in Plat Book 3, Page 43, of the Public
of Collier County, Florlda~ and
LOt, I through 13, inclusive, Block A, Little Hickory Shores
Unit i as recorded in Plat Book ], Page 6, of the Public
Records of Collier County, Florida! and
All of Little Hickory Bay Condo PUD as described in Collier
county Ordinance No. 79-65~ and
Ail of the lands described in OR Book 1236, Page 604, of the
Official Records of Collier County, Florida, containing 1.37
acres, more or less, and
All of Sections 6 and 7, Township 48 South, Range 25
Collier County, Florida.
(hereinafter referred to as "Area of Concern") is currently not
capable of providing the required peak daily water usage flows
and reliable water supplies for firefighting purposes.
2. The CCPC has found and the Board hereby finds that the
level of water service in the Area of Concern will not
appreciably increase in the ln~nediate future to safely
accommodate the construction or o~cupation of additio~al
structures which are served by said water distribution system in
the Area of Concern.
]. The CCPC has found and the Board hereby finds that the
present level of service of the subject water distribution system
in the Area of Concern is not in co~liance with the intent of
nor does it further the goals of either the present Collier
County Co~prehensive Plan, the proposed Collier County
Comprehensive Plan now being reviewed by the Florida State
Department of Co~unity Affairs, or Chapter 163, Par= II, Florida
Statutes, cc~wnonly referred to as the Growth Management Act.
4. The CCPC has found and the Board hereby finds that the
present and expected future level of service of the subject water
di,tribution system has fallen, or will in the near future fall,
below that level of service required by the Collier County Fire
Prevention Code which adopts minimum standards and requirements
for water supplies for firefigh=lng purposes as a condition
precedent to =he issuance of certificates of occupancy.
,-
5. The Board hereby finds that the further development of
structures connecting to the water distribution system in the
Area of Concern will furl:h~r exacerbate the present stress on the
subject water distribution system to the detriment of the h,ealth,
safety apt welfare of the citizens of Collier County.
SECTION TWO. Moratorium Established
1. A moratorium Is hereby established and imposed in
accordanco with the terms of this ordinance on the issuance of
any building permit for any structure which is proposed to ~
located in the Area of Concern and which will bo served by the
water distribution system of the Collier County Water-Sewer
District.
2. The moratorium efltablished and imposed herein shall
co~ence on September 13, 1988 and extend until July 1, 1989.
SECTION T~fREE. Variance Procedure
Any person or entity owning property within the Area of
Concern (hereinafter referred to as "Owner") may obtain a
building ~rmit through a variance to the moratorium establllihed
and imposed herein by:
a) D~u,onstrating to the Collier County Building Official or
his designee that the proposed construction is in compliance
with the Collier County Fire Prevention Code and the fire
flows required therein; provided, however, that a
certificate of occupancy shall only be issued upon
compliance with the testing standards and requirements set
forth in this Section Three; or
b) Agreeing, in writin~ on a form supplied by the Building
Official, that any building permit issued to Owner within
the Area of Concern is conditioned upon the availability of
a water supply equal to or greater than the applicable
standards and requirements embodied in the Collier County
Fire Prevention Code and acknowledging that the County
Building Official or his designee will not issue
a certificate of occupancy absent compliance with the
Collier County Fire Prevention Code including, but not
limited to National Fire Protection Association Section
032. 209
1231, Standard on Water Supplies for Suburban and Rut.al Fire
Fighting, National Fire Protection Association Section 24,
Standard for the Installation of Private Fire Service Mains
and Their Appurtenances al adopted by Collier County
Ordinance No. 86-54, and the Collier County Subdivision
Re~lations.
In order to determine co~pliance with either section (&)
above for the issuance of a building permit or with section
above for the issuance of a certificate of occupancy, it shall be
necessary for the required fire flows and water pressure to be
tested according to the following procedures~
a~ During the moratorium period building permits and
certificates of occupancy shall be issued within the Area of
Concern only upon certification of fire flows as Jointly
determined by the fire districts of Jurisdiction and the
Collier County Utilities Division.
bm Certification of fire flo~s shall be determined from the
average of fire flo~ tests which shall be conducted on four
(4) consecutive weekdays with one test being conducted
between the hours of 6=00 A.M. and 9~00 A.M., one test
between the hours of 9=00 A.M. and 12:00 P.H., one test
between the hours of 12:00 P.M. and 3~00 P.M. and one test
between the hours of 3~00 P.M. and 6~00 P.M. No two tests
shall be conducted during the same time period. In order to
co~ply with required fire flows, no single test deter~ning
fire flo~ shall result in less than 75% of the minimum
required fire flow as established by County regulations.
The d~tormination that the proposed construction is in
c~upliance with the Collier County Fire Prevention Code ~ the
impact of the proposed construction on existing construction
relative to the capacity of the water distribution system, shall
be made by the Collier County Building Official, or his designee.
The decision of the Building Official may be appealed to the
Board of Adjustments and Appeals pursuant to the same procedures
set forth in Collier County Ordinance No. 83-16 which established
the Board of Adjustments and Appeals.
~CTION F~UR. 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 phrase or portion of thil
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 Ihall not
a~fect tho validity of the remaining portion.
SECTION FIVE. Effective Date
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissionorl
of Collfer County, Florida, this l~+h day of Q~L.__, 1988.
A.TTES~ BOARD OF COUNTY COMmISSIONErS
~pproved as tq".-'~orm and
' ~ggal suffici .m~cy~
County Attorney
COL~~, FLORIDA
032,,,,, 211
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JANES C. GILES, Clerk of Courts tn and for the
T~entteth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing Is · true copy of:
Ordinanc~ No. 88-79
which was adopted by the Bo·rd of County Coulsstoner· on the
18th day of October, 1988, during Regular Session,
NITNESS ~y hand and the official seal of the Board of
County Coulseloners of Collier County, Florida, thl· 24th
(~¥ of October, 1988.
JAM~S C. OILES ......~ · ...
Clerk of Court· and Cleric' .
Ex-officio to Bo·rd of '...
County Co,missioners , ,. '.
By: /s/N&u~een Kenyon :? ' '... '.
Deputy Clerk /.~
032. , 2].2