§ 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The total land area owned or leased by the applicant from which water is to be withdrawn;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 Section 40E4.091(1)(a), F.A.C. as it may be amended from time to time, the following local design criteria shall be used in Collier County for new development and redevelopment as defined in LDC Section 3.07.02.A.2:

(1)

Section 3.2: Discharge Rate — Off-site 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 discharge rates;

b.

Rates determined in previous SFWMD permit actions;

c.

Rates specified in SFWMD criteria (See Appendix A);

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

Canal	Allowable Runoff	Design Freq./Dur.
AIRPORT ROAD NORTH CANAL BASIN	25.6 CSM (0.04 cfs/acre)	25 year/3 day
AIRPORT ROAD SOUTH CANAL BASIN	38.4 CSM (0.06 cfs/acre)	25 year/3 day
COCOHATCHEE RIVER CANAL BASIN	25.6 CSM (0.04 cfs/acre)	25 year/3 day
LELY CANAL BASIN	38.4 CSM (0.06 cfs/acre)	25 year/3 day
HARVEY CANAL BASIN	38.4 CSM (0.06 cfs/acre)	25 year/3 day
WIGGINS BAY OUTLET BASIN	83.2 CSM (0.13 cfs/acre)	25 year/3 day
HENDERSON CREEK-BELLE MEADE BASIN NORTH	38.4 CSM (0.06 cfs/acre)	25 year/3 day
HENDERSON CREEK-BELLE MEADE BASIN SOUTH	25.6 CSM (0.04 cfs/acre)	25 year/3 day
URBAN IMMOKALEE BASIN EAST	32.0 CSM (0.05 cfs/acre)	25 year/3 day
URBAN IMMOKALEE BASIN WEST	64.0 CSM (0.10 cfs/acre)	25 year/3 day
951 CANAL NORTH BASIN	70.4 CSM (0.11 cfs/acre)	25 year/3 day
C-4 CANAL BASIN	70.4 CSM (0.11 cfs/acre)	25 year/3 day
CORKSCREW CANAL BASIN	25.6 CSM (0.04 cfs/acre)	25 year/3 day
CYPRESS CANAL BASIN	38.4 CSM (0.06 cfs/acre)	25 year/3 day
FAKA-UNION CANAL BASIN-N	57.6 CSM (0.09 cfs/acre)	25 year/3 day
GORDON RIVER EXTENSION BASIN	57.6 CSM (0.09 cfs/acre)	25 year/3 day
I-75 CANAL BASIN	38.4 CSM (0.06 cfs/acre)	25 year/3 day
IMPERIAL DRAINAGE OUTLET BASIN	76.8 CSM (0.12 cfs/acre)	25 year/3 day
LELY MANOR CANAL BASIN	38.4 CSM (0.06 cfs/acre)	25 year/3 day
MAIN GOLDEN GATE CANAL BASIN	25.6 CSM (0.04 cfs/acre)	25 year/3 day
PALM RIVER CANAL BASIN	83.2 CSM (0.13 cfs/acre)	25 year/3 day
PINE RIDGE CANAL BASIN	83.2 CSM (0.13 cfs/acre)	25 year/3 day

 

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 3-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; Ord. No. 2017-19, § 1)