§ 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 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 shall respond in writing to all such requests.

(2)

Service from the district not readily available. Service from the district is not "readily available" except to the extent that the extension of the district's utility facilities is then a planned five-year capital improvement program in the then current Collier County Water and/or Wastewater Master Plan, and the respective plan's extension to the project site is planned to commence within five years or less from the time of the inquiry from the developer to county staff for such service(s). If an extension of the district's facilities to the respective project is planned to commence within five years according to the then applicable master plan, but the applicant desires that such then planned time schedule be accelerated in time, the developer may negotiate a utility facilities extension agreement with the district, (which agreement may include upsizing provisions.

(3)

Development project extending its utility facilities to the district's system if connections to interim facilities are not available. If the district's respective utility system does not have access "readily available" to serve the respective project in the district's service area (as such service availability is then specified in the respective master plan as described herein), extensions of the project's utility facilities to the district's infrastructure will be required unless interim service is available from another utility as specified below. No such extensions shall be any responsibility of the county or the district, fiscally and otherwise (time and schedule) and such facilities must be dedicated to and accepted by the district at no cost to the district before any such respective utility service from the district commences.

(4)

Interim service provided by another utility service provider until district's facilities may become available. If it is determined by the county staff, in consultation with representatives of the project desiring the utility service(s), that neither of the above-stated two alternatives (extension of the project's utility facilities to the district's system, or a utility facilities extension agreement to extend the district's facilities to the project earlier than contemplated in the then applicable master plan) is feasible, only interim service from another utility (governmental, municipal or private) can be authorized by the public utilities administrator or designee by means of agreement. The utility administrator or designee on behalf of the district may authorize the other utility to provide interim service to the project, in accord with paragraph 10 of Section 5 of Chapter 2003-353, Laws of Florida, the district as a matter of that law cannot and shall not approve any expansion of any permanent utility facilities from any such other utility or utility service provider into or within the district's then existing service area. No such extension shall be any responsibility of the county or the district, fiscally and otherwise (time and schedule). Each such interim service agreement (between the project and the other utility or utility service provider) must be executed by the other utility or service provider, by authorized representatives of the project to be served, by the district and by the board.

(5)

Interim utility facility. Provided (a) the project extending its utility facilities to the district's system is not feasible, and (b) interim service from another utility or other service provider is not feasible, and (c) a utility facilities extension agreement (Form 1) is not feasible, and provided the proposed interim utility facility/system is then a lawful use at the project site (in accordance with the county's LDC and all applicable laws, ordinance, rules, regulations, and relevant written agreements, if any), the project's representatives may apply to staff to request authorization for an interim service facility/system by entering into an interim facility/system agreement (see Standard Form 1, herein below). Each such service agreement must be executed by authorized representatives of the project to be served by the interim utility facility, by the district and by the board.

(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. That letter must prove that prompt availability of such service is available to adequately provide the utility 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 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 staffs 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, written approval from the engineering review services division 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 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.

(2)

With respect to the FDEP certification of completion of construction forms, the engineering review services division 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 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.

(c)

Design and performance standard manuals and publications. The minimal, but mandatory, utility design requirements of this article are established by the most recent technical standards, procedures and criteria as set forth in the latest edition(s) of the publications and standards listed in the standards manual. The minimal, but mandatory, utility design requirements set forth in the standards manual are incorporated herein and are, thereby, an integral part of this ordinance. Deviation from the established criteria, as set forth in the standards manual, is not precluded, provided that, the engineer of record shall provide, for county water or wastewater director review, a design deviation based on such rational criteria that promotes, protects, and/or improves the public's health, safety and welfare and upon such showing, receives the county's or district's prior written approval. Neither county nor district approval shall be granted to any proposed design that jeopardizes the public health, safety and welfare, or that would result in a system performance less than that which would be provided to the public by adherence to the recognized and accepted industry standards set forth in the manuals/publications listed in the standards manual.

(d)

Owner's responsibilities to maintain or repair interim utility facilities. Project developers, their successors, or assigns, that own the respective interim utility facilities and/or system(s) shall be responsible to maintain, repair and/or replace all interim facilities and/or systems, including all costs, if any, incurred by the county or district to maintain and/or repair interim utility facilities in compliance with this ordinance and with all applicable standards and regulations, including FDEP potable water and/or wastewater quality regulations and other regulations. Such costs shall be borne by the developers, their successors, or assigns of such facilities and/or systems, including homeowner's associations and similar associations, as applicable, and shall run with the land (where such facilities and/or system are located) until, if and when, the interim facilities and/or interim facilities are connected to the Collier County Water-Sewer District's system.

(e)

Construction observation and inspection. See subsections 134-59(a) and (d).

(f)

Utilities conveyance and acceptance. The transfer of ownership of any utility facility, including any interim utility facility, and/or any reclaimed water system or portion thereof, to the district shall comply with the requirements of law, as set forth in the Florida Statutes, and applicable county resolutions. (Refer to section 134-60: Utility conveyance procedures herein.)

(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 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 director (county engineer) or designee with coordination with the transportation services division and/or the public utilities department, 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 approved by the engineering review services division 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.

(h)

Building permits—Connection fees and charges. County shall not approve the issuance of a building permit until the utility construction documents, together with the associated plat, have been reviewed and approved pursuant to the LDC, and all appropriate potable water, non-potable irrigation water and/or wastewater system impact fees, connection fees and the county's costs or district's costs, if any, of making emergency repairs or maintenance to the utility facilities before final acceptance of the utility facilities have been paid. The developer shall be responsible for coordinating development activities with the county, and shall ensure that all necessary utility construction documents, plats, etc., are submitted for review and approval. Temporary use permits shall be exempt from the utility construction document approval requirement prior to building permit approval, unless specific conditions preclude such exemption.

(i)

Certificates of occupancy. A certificate of occupancy shall not be issued for any structure prior to preliminary acceptance of all potable water, non-potable irrigation water and/or wastewater systems required by this ordinance or the LDC.

(Ord. No. 04-31, § 7; Ord. No. 07-60, § 2; Ord. No. 2018-36, § 1)