§ 134-60. Utilities conveyance policies and procedures.

(a)

General. All utility facilities to be conveyed to the county or district, at the time of conveyance to the county or the district must comply with this ordinance and with all then applicable standards and specifications. Nothing in this ordinance requires that the county or the district must accept title to or any responsibility for any utility facility, including each interim facility or interim system, until the facility or system has then received all proper permits/licenses from all applicable agencies prior to and during the construction, expansion, repair and/or maintenance or completion of each such utility facility or interim utility facility or interim system and the facility, interim facility and/or interim system, then complies with all applicable rules and regulations of all federal, Florida and/or local regulatory authorities or agencies, and of this ordinance, the utility standards manual and all of the documents then incorporated by reference in that manual, and each such facility, interim facility and/or interim system is not then under litigation, enforcement action, claims and/or liens prior to the transfer and/or entering into a facilities agreement associated with the district or other independent district utility. Subject to these requirements, potable water, non-potable irrigation water and/or wastewater systems or portion(s) thereof, after public utilities department approval (if applicable), shall be offered to be conveyed to and accepted by the board. The board will accept title to the offered facilities unless in the specific instance there exists good reason not to accept title to such facilities. Preliminary acceptance shall, after public utilities department approval (if applicable), be granted by the growth management department administrator or designee. Upon approval from the public utilities division, final acceptance of such facilities and/or system may be approved by the board (subsequent to the one year warranty period) and after all final acceptance obligations and requirements have been complied with. All facilities and/or systems shall be located within a CUE (or public right-of-way) if they are to be owned, operated and/or maintained by the county or the district. Neither the county nor the district shall have no duty with regard to, or any responsibility for, any utility facilities until title to such utility facilities has been finally accepted by the board. Notwithstanding that neither the county nor the district has any duty with respect to such facilities or systems, in the event that county staff deems that due to necessity (emergency) the county or the district should expend money and/or perform labor to repair, replace, maintain, relocate, remove or have a contractor or other entity perform any other similar activity with regard to such utility facilities or system, the board is authorized to record a claim of lien against the property, site(s) or units(s) that were responsible for such utility facilities (or system) at the time the county staff deemed it necessary to act.

(1)

Potable water line acceptance. The board may accept title to a potable water distribution system provided all pipes to be accepted are six inches or greater in diameter, and may accept title up to and including the water meter and/or backflow prevention device. All such facilities must be located within acceptable CUE(s) conveyed to the county (refer to subsection 134-57(g)(4) for easement width) and/or lawfully located within public right-of-way. Neither the county nor the district shall accept title to, nor responsibility to repair or maintain, any dedicated fire line irrespective of the size of the fire line.

(2)

Gravity sewer line acceptance. The board may accept title to a gravity wastewater collection system provided all pipes to be accepted are eight inches or greater in diameter. All such facilities must be located within acceptable CUE(s) conveyed to the county (refer to subsection 134-57(g)(4) for easement width) and/or lawfully located within public right-of-way. The county will accept ownership of these facilities only from a manhole or cleanout located at the property line of the facility (project) running to the main wastewater gravity collection system. The minimum acceptable as-built slope shall not deviate by more than ten percent below the allowable slope.

(3)

Lift station and force main acceptance. The board may accept title to a wastewater collection system, including force mains and/or lift station(s), provided all pipes to be accepted are four inches or greater in diameter. All such facilities must be lawfully located within acceptable CUE(s) conveyed to the county (refer to subsection 134-57(g)(4) for easement width) and/or lawfully located within public right-of-way.

(4)

Non-potable irrigation water main acceptance.

a.

The board may accept for ownership, operation and maintenance non-potable irrigation water transmission systems with pipes six inches or greater in diameter, including the master meter assembly, that are lawfully located within acceptable CUE(s) conveyed to the county (refer to subsection 134-57(g)(4) for easement width), or lawfully located within public right-of-way. The board shall not accept for ownership, operation and maintenance any internal non-potable irrigation systems that are downstream of the master meter assembly.

b.

All projects requiring irrigation shall provide a non-potable irrigation water distribution system with Pantone Purple 522C piping. If and when the project is legally and physically capable of being connected, such system shall be connected to the CCWSD'S system when the CCWSD's non-potable irrigation water system is available to supply such service the project. The project can be issued a deviation from this connection requirement if the applicant can prove that the project is legally and/or physically incapable of being connected to the CCWSD's non-potable irrigation water system owner(s) shall bear the sole responsibility of all costs associated with any additions, extensions and/or improvements necessary to allow connection to the county's (or district's) non-potable irrigation water mains.

c.

Exceptions to subsections 134-60(a)(1) through 134-60(a)(4)b. Notwithstanding subsections 134-60(a)(1) through 134-60(a)(4)b., the county or the district may accept title to, or responsibility with regard to such facilities if in the specific instance the public utilities administrator or designee, for articulated reasons, determines in writing that (i) it is in the county's or the district's special interest, (ii) all exceptions are the public interest, (iii) there are compelling reasons for the exceptions and (iv) each exception is reasonably necessary. Each exception to any easement requirement shall be granted only through the application for deviations process.

(b)

Conveyance documents. Upon the county's (or district's) final approval of construction documents, engineering review services division director (county engineer) or designee shall provide the developer with the county's checklist (see standards manual appendix) of conveyance documents required for submission at the time the constructed system(s) or portion(s) thereof is considered for dedication to county or district.

(1)

All conveyance documents, including but not limited to, deeds, bills of sale, affidavits, easements, facilities agreements, subordinations, master condominium/homeowner's association documents, letters of credit and UPSs, shall be in a form acceptable to the Collier County Attorney. A schedule of standard legal document forms, approved by the county attorney, shall be utilized as a guide in the preparation of conveyance documents. (Refer to section 134-64 of this ordinance and Appendix D of the Standards Manual.) Revisions to standard legal document forms as provided herein shall be reviewed and approved by the county attorney prior to submittal to the growth management department.

(2)

Each instruction in section 134-64 of this ordinance is a substantive provision of this ordinance that must be complied with unless waived in writing by the reviewing assistant county attorney with regard to the specific document in the specific instance, and subject to such conditions as may be required by that attorney.

(3)

All documents shall be submitted to the engineering review services division director (county engineer) or designee for review and written approval prior to preliminary acceptance of the utility system(s) or portion(s) thereof and commencement of service. Recording of all documents shall be made by the county only after written acceptance by the community development and environmental services administrator or designee. All documents recorded hereafter, which do not follow this procedure, shall be returned as "unacceptable."

(4)

For projects where the potable water, non-potable irrigation water and/or wastewater systems or portion(s) thereof are not conveyed to the board, the record drawings shall contain a disclaimer stating: "On-site potable water, non-potable irrigation water and/or wastewater systems shall be owned, operated and maintained by the master condominium/homeowner's association, its successors or assigns" (or other comparable private ownership). Refer to subsection 134-60(d): Record drawings.

(5)

The applicant is strictly responsible to keep staff promptly notified of current and correct mailing addresses. Until the utility facilities being conveyed are finally accepted by the board, the applicant shall inform county staff in writing (to the address of 2800 N. Horseshoe Dr., Naples, FL. 34104, Attn: Engineering Services) of each and every change to the applicant's street address, mailing address, and/or telephone number(s). Such notice to staff shall not be effective unless receipt of such notice is acknowledged in writing by staff and such receipt is presented to the county staff by any individual or entity asserting that such notice had been delivered to staff. Absent such written acknowledgement of receipt of the specific notice by staff, staff is authorized to mail or otherwise deliver letters and/or other notice(s) to the last known address of the applicant as such address is then indicated in the respective utility conveyance documents file for that applicant, and such mailing shall be effective notice to the applicant pursuant to this ordinance.

(6)

Exhibit B to the warranty deed, bill of sale or combined warranty deed/bill of sale shall be a sketch or other graphic representation showing the physical location of the utility facilities being conveyed to the county or district. It is preferable that the Exhibit B be to scale. Each Exhibit B must describe the facilities being conveyed by type (water line, wastewater line, lift station, etc.). Staff shall stamp each such Exhibit B with a stamp that reads substantially as follows (with blank spaces completed with correct information):

"The Utility Facilities being conveyed are shown on plans prepared by _______, sheets thru _______, dated the _______ day of _______, 20___. These Drawings have been assigned AR number _______."

(c)

Inspection. County staff shall require both a preliminary and final utility inspection of all potable water, non-potable irrigation water and wastewater systems or portion(s) thereof constructed. The construction of all potable water, non-potable irrigation water and/or wastewater systems or portion(s) thereof shall be observed and certified by the engineer of record and shall be inspected by the county. Refer to subsection 134-59(d): Construction observation and inspection.

(d)

Record drawings.

(1)

Record drawings shall accurately depict the constructed configuration of all potable water, non-potable irrigation water and/or wastewater systems or portion(s) thereof. All revisions to county staff approved construction drawings shall be precisely identified and illustrated on the record drawings. All record drawings of utility systems or portion(s) thereof that are not being conveyed to the board shall bear, on the cover sheet, a prominently displayed DISCLAIMER, in bold lettering at least one-quarter inch high, stating: "All on-site potable water, non-potable irrigation and/or wastewater systems shall be owned, operated and maintained by the private owner(s) and/or the master condominium/homeowners' association, successors or assigns" (or other comparable private ownership).

(2)

Three sets of signed and sealed record drawings for the potable-water or non-potable irrigation water OR wastewater systems to be conveyed shall be submitted to the county or district. If potable water AND wastewater, and/or non-potable irrigation water systems or portion(s) thereof are being conveyed, five sets of signed and sealed record drawings shall be submitted to the county staff. Each sheet of the record drawings shall identify the entity that provided the record data. Drawings shall be referenced to and tie-in with the state plane coordinate system, with a Florida East Projection, and a North American Datum 1983/1990 (NAD83/90 datum), and with United States Survey Feet (USFEET) units, as established by a registered Florida surveyor and mapper.

(3)

Record drawings and digital files shall be submitted in accordance with the requirements in the Standards Manual.

(e)

Bacterial analysis. Bacterial analyses shall be required for all new potable and raw water transmission and distribution systems or portion(s) thereof to be constructed. Bacteriological samples for potable and raw water system construction shall be performed prior to preliminary acceptance of the system(s) or portion(s) thereof. All such analyses shall be performed by the water division laboratory at no cost to the county or the district, with test results submitted in writing to the engineering review services division director (county engineer) or designee before 30 days of being placed in service for transmission and/or distribution lines. The public utilities department shall not process meter installations until bacterial tests have been satisfactorily completed and submitted, and the division has received the FDEP placement in service approval letter or other FDEP written approval. The developer shall be responsible for coordinating all aspects of submission of necessary test results and/or State approvals for placement in service of the potable water system(s) or portion(s) thereof.

(f)

Final costs. The developer or engineer of record shall submit to the engineering review services division director (county engineer) or designee a detailed listing of all materials utilized in the utility system(s) construction. This schedule shall include the description of items, quantities utilized, per unit cost and total cost for each individual item utilized in the potable water, non-potable irrigation water and/or wastewater system construction. The total cost of all items, including labor and installation costs, utilized for the potable water, non-potable irrigation water and/or wastewater system shall be clearly shown on the verification of final cost schedule. A UPS of ten percent will be calculated on the verification of final cost schedule. Costs shall be table separately for proposed county-owned (certification of contributory assets-county) and privately-owned (certification of private material) infrastructure(s). These cost breakdown listings will be for material costs only, exclusive of any and all labor and/or installation costs.

(g)

Test results. All test data, i.e., pressure, inflow and infiltration, etc., required for submission with the conveyance documents shall be certified by an engineer licensed to practice in the State of Florida. Such certification shall bear the raised seal and an original signature of the engineer. Each certification shall contain computations illustrating the allowable limits for each test based on current accepted test standards, as set forth in the standards manual, and the actual field test data obtained. Leakage within potable water, non-potable irrigation water systems and/or wastewater systems shall comply with AWWA standards as specified in the Collier County Standards Manual. Wastewater system infiltration/exfiltration data shall conform to a standard of 50 gallons/inch of diameter/mile/day for all types of pipe and shall be in compliance with the standards manual. Refer to subsection 134-59(d)(2)b. for construction inspections requiring county presence. Fire flow capacity within the water distribution system shall be verified through field-testing by the appropriate fire control district to demonstrate that required fire flow rates are available. Fire flow testing shall be performed during peak flow pressure conditions as determined by the utility.

(h)

Lift station submittals. A copy of the manufacturer's startup report for each facility shall be provided with conveyance documents. Included with this report shall be a written verification from the electrical contractor for the lift station verifying the wire type and size for the electric service and certifying that the voltage drop across the service under full load startup will not exceed five percent of the power company's line voltage at the transformer supplying the station. All tools, such as access cover lock handles, valve wrenches, keys or panel locks, required for the ready access and use of the facilities shall also be submitted to the engineering review services division director (county engineer) or designee with the documents.

(i)

Recordation fees. The developer of a project will be responsible for the payment of all recordation fees associated with the utilities conveyance procedures. The developer shall remit the total amount of the recording fee associated with recording the conveyance documents to the engineering review services division director (county engineer) or designee prior to the final acceptance of the potable water, non-potable irrigation water and/or wastewater system(s) or portion(s) thereof.

(j)

Reapplication fees. If more than two submittals of any conveyance document(s) is required because all insufficiencies specified in writing by the county attorney in any prior submittal are not fully corrected by the second submittal, the applicant shall pay a $500.00 re-submittal fee prior to a third review of any document by staff. This fee can be reduced or waived by the county attorney for good cause in the specific case.

(k)

Failure to meet deadlines. In addition to all other provisions of this ordinance, the applicable individual or entity is strictly responsible to meet each and every specified deadline. Failure to meet any deadline shall automatically result in imposition of a $100.00 per day late fee against the defaulting individual or entity for each day that the respective deadline is not met. The deadline is not met unless the respective document is actually delivered to staff by the end of the day of the applicable deadline date. Staff is also authorized to withhold any and all other permits, authorizations and/or permissions with regard to the property, or site(s) or unit(s) served (or to be served) by the respective utility facilities until the deadline obligation is complied with and the aforesaid late fees have been paid in full. Subject to staff attempting to provide at least 60 days prior written notice to an applicable individual or entity then associated with the respective deadline defaulting property, site(s) or unit(s) being served with utility service by the county or the district by means of the utility facilities, and unless waived for good cause by staff in the specific instance upon written request for the delay filed by the defaulting individual or entity (or representative), failure to file any overdue required document on or before its respective deadline date shall automatically impose the $100.00 per day late fee and authorize staff to delay or terminate utility service to the respective delay defaulting property, site(s) or unit(s) to be served, or being served, by the respective utility facilities. This 60-day prior notice provision applies retroactively to any and all overdue required document or item, including, but not necessarily limited to, all final acceptance obligations that before the effective date of this ordinance had not been filed by the applicable deadline date.

(Ord. No. 04-31, § 10; Ord. No. 2006-48, § 1; Ord. No. 07-60, § 4; Ord. No. 2018-36, § 1)