Sec. 90-41. - Permit required.

(a)

It shall be unlawful without first obtaining a permit as required by this article, for any person, including a landowner, lessee or other person with the right or duty to control the use of land, to:

(1)

Use, divert, or withdraw any water within the county;

(2)

Construct, alter, operate, maintain or abandon any dam, impoundment, reservoir, appurtenant work or works in the county;

(3)

Begin construction of any project to artificially recharge any aquifer or intentionally introduce water to any underground formation in the county;

(4)

Discharge industrial or commercial waste or public, municipal or private sewage effluent into the waters, adjacent soils or underground formations of the county by surface discharge, or other method;

(5)

Connect or place structure in, on, under or across project works, or otherwise mar use of project works or lands of the county.

No landowner shall be denied a permit to withdraw water from his land for his reasonable-beneficial domestic use.

(b)

Each application for a permit shall be accompanied by a nonrefundable fee as established from time to time by resolution of the board of county commissioners and shall be filed with the county administrator in a form to include, but not be limited to, the following information:

(1)

Date the application is filed;

(2)

Name and address of the applicant (if a corporation, address of the local and principal business office);

(3)

The source of water supply (if a lake, spring, river, stream or other surface water, the name generally used in the vicinity, if a groundwater source, so state);

(4)

The quantity of water applied for, the use to be made of the water and any limitation including the nature of the use, method of withdrawal or diversion, and facts upon which the amount of water requested is based;

(5)

The place and land area where the water is to be used;

(6)

The location of the surface water point of diversion;

(7)

The total land area owned or leased by the applicant from which water is to be withdrawn;

(8)

The signature of the applicant or his agent (if a representative capacity, attach proof of authority; if a corporation, public district, county, municipality, etc., include a certified copy of the authority by which the application is made);

(9)

Other information required by the board of county commissioners.

(c)

The board of county commissioners shall have the authority to effect changes in the nonrefundable application fee for permits by adoption of a resolution.

(d)

All building permit applications requiring review and approval of a water management system design shall be charged a review fee. The board of county commissioners shall establish, and adopt, by resolution, a schedule of fees for building permit related water management system design review and approval pertaining to this article. The schedule of fees shall be posted in the office of the building department and the development services department and the resolution establishing such fees shall be on file with the clerk of the board of county commissioners. 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 this article.

(e)

Chapters 40E-2, 40E-4, 40E-20 and 40E-40, Florida Administrative Code, as same may be amended from time to time, are incorporated herein by reference as a part of this article.

(f)

In accordance with the provisions of Chapter 40E-4, Florida Administrative Code, Section 40E-4.091(1)(a) and the "Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District August, 2000" Section 6.0, as those two documents may be amended from time to time, the following local design criteria shall be used in Collier County:

(1)

Section 6.2.: Discharge Rate—Offsite discharge contributed by a development is limited to amounts which will not cause adverse off-site impacts. These amounts may be determined by: (most restrictive applies)

a.

Historic discharges rates;

b.

Rates determined in previous SFWMD permit actions;

c.

Rates specified in SFWMD criteria (Basis of Review Appendix 2):

d.

Rates based on system capacity for selected county primary outfall canals, unless special engineering studies are provided by a registered professional engineer, shall be as follows:

_____

ALLOWABLE POST-DEVELOPMENT DISCHARGE FORMULAS FOR COLLIER COUNTY CANALS

_____

e.

In all other areas of the county off-site discharge shall not be in excess of 0.15 cfs/acre.

Variations to the above requirement may be allowed with County staff approval based upon special engineering studies prepared by a registered professional engineer. Unless otherwise specified by previous SFWMD permits or SFWMD criteria, a stormwater event of a three-day duration and 25-year return frequency shall be used in computing off-site discharges. Allowable discharges will be designated by SFWMD on a case by case basis upon request.

(2)

Section 3.2.1.3.: Local government criteria - Designs shall provide drainage and flood protection in accordance with the following:

a.

Roads and parking lot travelways:

1.

Frequency, 25 years

2.

Duration, 3 days

b.

Parking areas:

1.

Frequency, 10 years

2.

Duration, 1 day

(3)

Section 3.2.2.2.a.2.: Dry detention volume shall be provided equal to 75 percent of the amounts computed for wet detention, but not less than one inch of runoff.

(4)

Section 3.2.2.2.a.3.: Retention volume shall be provided equal to 50 percent of the above amounts computed for wet detention but not less than one inch of runoff. Retention volume included in flood protection calculations requires a demonstration of guarantees of long term operation and maintenance of system bleed-down ability. This must normally consist of proof of excellent soil percolation rates by an approved field test for determining hydraulic conductivity (example: coastal ridge sands) or an operations entity which specifically reserves funds for operation, maintenance and replacement.

(5)

Section 3.2.2.2.b.: Commercial or industrial zoned projects shall provide at least one-half inch of dry detention or retention pretreatment as part of the required retention/detention, unless reasonable assurances can be offered that hazardous materials will not enter the project's surface water management system. Such assurances may include deed restrictions on sale property occupancy, recorded lease agreements, local government restrictive codes, ordinances, licenses, engineered containment systems, etc.

(Note: Pretreatment shall be included in the net required retention/detention per 3.2.2.2.a after credits earned from, 3.2.2.2.c and e, as amended).

(6)

Section 3.2.2.2.e.: Water surface and roofed areas can be deducted from site areas for water quality pervious/impervious percentage calculation only. Roof areas can be deducted only if there is a direct connection from the roof drainage to the receiving water. Direct connection shall be piped over such a short distance so to not pick up pollutants during transportation to the detention/retention area.

(7)

For those projects exempt from SFWMD regulations in accordance with chapter 40E, section 4.053, only section 3.2.2. (water quality) of Basis of Review shall be required as amended by subsections (3) through (6) of this subsection.

(8)

Raising elevation of single family residence lot subsequent to construction of the residence. Subsequent to the construction of a single-family residence on the respective lot (parcel of land), it shall be a violation of this article to cause "additional surface water" to run onto any real property owned by another landowner by filling, grading or otherwise raising the elevation of the respective water source single family residence lot. This provision shall not apply to the extent that such filling, grading or other land elevating acts occur concurrently with the initial construction of the single-family residence. This provision shall not apply to the extent that such filling, grading or other land elevating acts are mandated by statute, ordinance, rule or regulation. In the context of this provision "additional surface water" shall be limited to surface water that exceeds the historic surface water flows from the respective single-family residence lot. If the historic surface water flows are exceeded because of such filling, grading or other actions, it shall be the responsibility of the owners of such water source lot to eliminate the flow of such additional surface water by construction of a depression, such as a swale, or by other appropriate measures. If such grading, filling or other lot elevating actions come to the attention of staff prior to their completion, staff may issue a stop work order if staff reasonably believes that such filling, grading, or other lot elevating acts are likely to cause a violation of this provision, in which event the landowner of the water source lot shall either provide evidence that completion of the planned elevation of the lot will not cause a violation of this provision, or shall be required to modify the planned lot elevating activities to eliminate the anticipated flow of additional surface water, by construction of a depression, such as a swale, or by some other appropriate measures. If the elevation of the lot is raised by such filling, grading or other lot elevating actions and it is proven that thereafter additional surface water flows off of the lot onto land owned by another landowner, it shall be a rebuttable presumption that such additional surface water run-off was caused by that elevation of the water source single-family residence lot. Anyone who claims to be "grandfathered" against application of this provision (by alleging that the respective grading, filling, or other lot elevating actions were completed prior to the effective date of this provision) shall have the burden of proving the allegation.

(Ord. No. 74-50, § 1(2.01); Ord. No. 76-67, §§ 1, 2; Ord. No. 81-24, § 1; Ord. No. 88-77, § 1; Ord. No. 88-99, § 10; Ord. No. 90-10, § 4; Ord. No. 01-27, §§ 1, 2, 5-22-01)

Sec. 90-42. - Standards governing issuance.

(a)

To obtain a permit, an applicant must demonstrate that:

(1)

The applicant has right to the beneficial use of the land with a reference to the land's recorded title and any lease agreement; and

(2)

The intended use is a reasonable-beneficial use as defined hereinabove, is consistent with the public interest, and will not interfere with any legal use of water existing at the time of application, including both exempt domestic uses and uses exercised under the authority of a valid permit.

(b)

In determining if a use is consistent with the public interest, the board of county commissioners may consider, among others, the following factors:

(1)

The maximum economic development of the water resources consistent with present and future uses.

(2)

The control of such waters for environmental protection, drainage, flood control and water storage and other such purposes.

(3)

The quantity of water available for a reasonable-beneficial use.

(4)

The prevention of wasteful, uneconomical, impractical or unreasonable uses of water resources.

(5)

The preservation and enhancement of the water quality of the state and the provisions of the water quality standards and classifications as established by the state department of environmental regulation.

(6)

The state water resources policy as expressed in the act.

(c)

The board of county commissioners may authorize the holder of a use permit to transport and use ground or surface water beyond overlying land or outside the watershed from which it is taken if the board of county commissioners determines that such transport and use is consistent with the public interest.

(d)

The board of county commissioners may reserve water from use by permit applicants in such locations and quantities and for such seasons of the year as may be necessary to protect the public health, safety, welfare and utility or fish and wildlife. Such reservations shall be subject to periodic review and revision in consideration of changed conditions. All legal uses of water at the time of the reservation shall not be subject to this section if not contrary to the public interest.

(Ord. No. 74-50, § 1(2.02))

Sec. 90-43. - Existing uses.

(a)

All uses of water in existence prior to the effective date of the ordinance from which this article was derived, unless exempted by law, may be continued after adoption of this permit system if a permit is issued and a report made as provided hereinbelow:

(1)

Within County Water District Number 7 the location and size of each well must be reported to the county engineer within six months after the effective date of the ordinance from which this article was derived.

(2)

Each user of water within the county, including Water Management District Number 7, must apply for a permit to continue use within six months after the effective date of the ordinance from which this article was derived.

(3)

Failure to report or apply within the above periods of time shall create a conclusive presumption of abandonment of the use. If the user desires to revive the use, he must apply for a permit in accordance with section 90-44

(b)

The board of county commissioners shall:

(1)

Conduct an advertised public hearing if:

a.

The board of county commissioners has reason to believe the existing use is not a reasonable-beneficial use, or is not allowable under the common law of this state; or

b.

The board of county commissioners determines that a permit should be for a smaller quantity of water than sought, or should contain substantial limitations.

(2)

Issue a permit to continue an existing use after a hearing in accordance with section 90-41, if the existing use is a reasonable-beneficial use as defined hereinabove and is allowable under the common law of this state.

(3)

Be advised in public hearing of the size, location and capacity of permits for withdrawals issued by the county administrator.

(Ord. No. 74-50, § 1(2.03))

Sec. 90-44. - Competing applications.

(a)

If two or more applications compete for the same type of use and source of water that is inadequate for all, or that for any other reasons are in conflict, the board of county commissioners shall approve or modify the applications to best benefit the public interest. In considering the relative public benefits, the board of county commissioners shall consider the following:

(1)

Purposes expressly declared to be in the public interest in F.S. § 373.016 shall be given primary consideration.

(2)

Public users shall be preferred over private users.

(3)

Economically more productive uses shall be preferred over less economically productive uses.

(b)

If two or more competing applications that equally qualify under subsection (a) of this section cannot be reconciled by modification, the board of county commissioners shall give first preference to renewal applications. If none or all are renewal applications, preference shall be given to the first properly filed application.

(Ord. No. 74-50, § 1(2.04))

Sec. 90-45. - Duration.

(a)

Permits may be issued for a period not to exceed five years upon source of supply, type of use, or both.

(b)

The board of county commissioners may authorize permits for up to 50 years in the case of a governmental body, public works, or public service corporation if required to retire bonds for construction of water and waste disposal facilities.

(Ord. No. 74-50, § 1(2.05))

Sec. 90-46. - Modification, renewal and transfer.

(a)

A permittee or the county administrator shall apply for the board of county commissioners to approve modification of an unexpired permitted use. If the modification is for an increase of 100,000 gallons of water per day or more, the application shall be processed as a new application for a permit as provided hereinabove. Application for an increase of less than 100,000 gallons of water per day may be approved without a hearing if the applicant demonstrates:

(1)

A change in conditions so that the water permitted is inadequate; and

(2)

The proposed increase complies with section 90-42

(b)

If the modification is for a decreased need for water, the permittee or the county administrator shall notify the board of county commissioners in writing.

(c)

The board of county commissioners may grant modification of other terms of a permit. A hearing shall be held if the modification substantially affects the interest of the public, or any legal user.

(d)

Each renewal application shall be processed as a new application.

(e)

Upon written request a permit may be transferred if the use remains the same. Terms and conditions of the permit shall be binding on the transferee.

(Ord. No. 74-50, § 1(2.06))

Sec. 90-47. - Revocation.

(a)

After a hearing, the board of county commissioners may:

(1)

Revoke any permit for nonuse of the water supply for a period of two years or more.

(2)

Revoke, in whole or in part, any permit for any material false statement in an application to continue, initiate, or modify a use; or in any report or statement of fact required of the user pursuant to this article or regulation hereunder.

(3)

Revoke or temporarily suspend in whole or in part, any permit for the willful violation of any condition of a permit.

(4)

Suspend, in whole or in part, for a period not to exceed one year, any permit for the violation of any provision of this article or regulation hereunder.

(b)

The board of county commissioners may cancel any permit with the written consent of the permittee.

(Ord. No. 74-50, § 1(2.07))

Sec. 90-48. - Emergency authorization for use, withdrawal or diversion of water.

(a)

The county administrator may grant emergency authorization to begin use, withdrawal, or diversion of water prior to issue of a permit when emergency conditions exist if the use, withdrawal or diversion is being considered for a permit, and if unforeseen or unforeseeable circumstances create an emergency. Mere carelessness or lack of planning by the applicant shall not be sufficient grounds to warrant an emergency authorization.

(b)

If a change in water quantity or quality occurs which prevents further use of water for agricultural purposes, the permittee, or his designated agent, shall notify the county administrator of this condition. The county administrator shall verify the condition and may authorize the relocation of the well to a site requested by the applicant, if the new site is determined not to be potentially damaging to the water source, within the standards established by this article.

(c)

If an existing well suffers structural damage requiring abandonment, the owner and user shall advise the county administrator who will verify the condition and may immediately authorize the relocation.

(Ord. No. 74-50, § 1(2.08))

Sec. 90-49. - Existing permits.

Any user holding a permit or permit agreement for the use of water, executed or issued by the board of county commissioners prior to July 1, 1973 shall request the county, in writing, to convert such permit to a permit under this article. Failure to request such a conversion within two years from the effective date of the implementation of these regulations shall be conclusive grounds for cancellation of the existing permit.

(Ord. No. 74-50, § 1(2.13))

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Secs. 90-50—90-60. - Reserved.