ORDINANCE 15- WHEREAS, the City of Naples provides water and sewer utility services within its urban service area; and

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1 Second Reading Agenda Item 14 Meeting of 06/03/15 ORDINANCE 15- AN ORDINANCE RELATING TO UTILITIES; AMENDING ARTICLE V, WELLS, OF CHAPTER 30, UTILITIES, OF THE CODE OF ORDINANCES, CITY OF NAPLES, IN ORDER TO AMEND PERMITTING REQUIREMENTS AND PROHIBIT CONSTRUCTION OF POTABLE WATER SUPPLY WELLS WITHIN 2,640 FEET OF CITY OWNED AQUIFER STORAGE AND RECOVERY WELLS; PROVIDING A SEVERABILITY CLAUSE, A REPEALER PROVISION AND AN EFFECTIVE DATE. WHEREAS, the City of Naples provides water and sewer utility services within its urban service area; and WHEREAS, Collier County Code of Ordinances regulates the permitting of shallow irrigation wells within the City of Naples; and WHEREAS, the City of Naples owns Aquifer Storage and Recovery wells (ASR) to provide supplemental water to the reclaimed water irrigation system; and WHEREAS, the City of Naples desires to prohibit the construction of water supply wells within 2,640 feet of an existing ASR well; and WHEREAS, City Council desires to amend definitions and policies provided in Article V Wells, of Chapter 30, Utilities; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA: Section 1. That Article V, Wells, of Chapter 30, Utilities, of the Code of Ordinances is hereby amended to read as follows (with underlining indicating additions and strikethrough indicating deletions); ARTICLE V. - WELLS Sec Definitions For the purposes of this article, certain terms shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise: Aquifer Storage and Recovery Well means a well that is used to store excess reclaimed water, surface water or stormwater that can be recovered at a later date to supplement the reclaimed water distribution system.

2 Ordinance 15- Page 2 Sand point well means a well with a well point having a perforated casing with outer screen of small enough mesh to restrict flow of sand but admit water under suction. Well means an opened end casing driven, drilled or jetted below the ground surface to a pocket of water. Sec Permit required for well drilling and well water use. (a) Any person applying for a permit to dig, drive, jet, or drill a well or sand point well shall, before receiving such permit, pay a fee as set forth in appendix A to this Code to the city. (b) It shall be unlawful for any person to drive, jet, or drill any well or sand point well within the limits of the city without first securing a permit therefor, to be issued in writing by the city manager, in accordance with the provisions of this section, and under such laws, regulations, and charges as the city manager may prescribe. Well permits within the City shall be issued through the Collier County Growth Management Department. Sec Depth limited. (a) Wells. Except where permitted by city council action, it shall be unlawful to drive, jet, dig, or drill a well within the city water service franchise area, having a depth greater than 25 feet, measured from the ground surface to the bottom of the well. It is the intent of this subsection to prohibit the construction of wells which would penetrate the underground aquifer from which the municipal supply is derived. Since the depth from ground surface to the top of this aquifer varies somewhat in different areas of the city, the fixture of 25 feet represents an average value, and is subject to reasonable interpretation by the city manager, at the time the permit is requested, based upon records and information available in the files of the city or local, state, and federal regulatory agencies. The city manager's decision in every case shall be final. (b) Sand point wells. It shall be unlawful to drive, jet, dig or drill a sand point well within the city water franchise area having a depth greater than 20 feet measured from the ground surface to the well point. Sec Number limited. (a) Number of wells per parcel. No more than 1 well shall be allowed for each 10,000 square foot parcel of land; 1 well may be drilled where a building lot does not have 10,000 square feet.

3 Ordinance 15- Page 3 (b) Number of sand point wells per square feet. In areas specified by the city manager, there may be drilled 1 sand point well for every 5,000 square feet, or fraction thereof, of any parcel of land. One sand point well for every 5,000 square feet or fraction thereof of any parcel of land may be drilled in any other area where sand point wells are desired or preferred instead of wells. In no case shall sand point wells be used to supplement or add to the number of wells permitted on any parcel of land as permitted in subsection (a) of this section. Sec Maximum diameter permitted. Sec Maximum diameter permitted. No well shall be drilled with a larger dimension than 2 inches, except by city council action. Sec Well construction and location. (a) (b) (c) Wells shall be constructed according to Collier County Land Development Code, division 3.6, "Well Construction." Code of Ordinances, Chapter 90, Natural Resources. Wells shall be located so as to not pose a threat of contamination to the water resource and shall be located the appropriate distance as established by F.A.C. ch. 64E-6 and F.A.C. ch. 64E-8. The installation of a water supply well is prohibited within 2,640 feet of an existing or permitted aquifer storage and recovery well, unless confinement exists between the production zone of the water well and the storage/production zone of the aquifer storage and recovery well. Water supply wells intended for irrigation proposes shall be prohibited if reclaimed water is available to the property. Sec Submission of plans. Each applicant for a permit to drill a well or a sand point well shall submit a plot plan showing existing buildings, septic tank or tanks, well location or sand point well location, and indicate, with dimensions in feet, the landscape areas that will be irrigated. Sec Well drilling contractors. (a) F.A.C. ch , "Governing Water Well Contractors in Florida," or its successor, which requires the licensing of water well contractors and registration of drilling equipment, is adopted by reference and made part of this section. No city license shall be issued to a well driller unless such well driller exhibits workers' compensation and public liability insurance, in the amount of bodily injury liability of $50, to $100,000.00, and property damage liability, except auto, of $5, to $25,

4 Ordinance 15- Page 4 (b) Each and every well driller shall keep a log of all wells and sand point wells drilled within the city. At the completion of each and every well and sand point well, a log of same shall be filed with the city manager. Sec Connection with waterworks system prohibited. (a) (b) It shall be unlawful for any person to make any connection into any water lines connected with the supply system of the city, either upon public or private property, or for any other person having interest in any property within the city to permit to be constructed upon such property any such connections between the water lines of the waterworks system of the city, and any well or sand point well. Such connections as may exist between either wells or sand point wells and water lines which are a part of the water supply system of the city, either upon public or private property, are hereby declared to be a nuisance to the public, on the ground of their possible contamination of the water supply of the city, and are hereby required to be permanently disconnected and removed from such water supply system. Public supply water service will immediately be discontinued until all connections are severed. Sec City access to wells. The city, through its officers, agents and employees who present appropriate credentials, shall have, at all times, the right of access, and the permittee shall not refuse immediate entry, to any property upon which a well or sand point well is located, for the purpose of inspecting same, or otherwise regulating the operation of the well or sand point well under the terms of this chapter. Sec Right of city to cap. The city reserves the right at all times and is hereby given the authority to cap and completely stop the flow or delivery of water from any well or sand point well within the city limits, whether dug or drilled, under the terms of this article or otherwise, whenever, in the opinion of the city, through its employees, officials, engineers, or consultants, or through information received from any regulatory agencies, the same is necessary in order to preserve and conserve the quality or the quantity of the water resource of the city, or if an alternative source of water service, such as reclaimed water, is within 200 feet of the property boundaries. The owner shall bear any costs of well abandonment. Sec Penalty. (a) Any well driller violating any of the provisions of this article shall have such person's license to drill wells within the city limits revoked for a period

5 Ordinance 15- Page 5 of 6 months. A 2nd violation of any of the provisions of this article by a well driller shall be grounds for a permanent revocation of such person's well drilling license within the city. This penalty of license revocation shall be in addition to the general penalty provided elsewhere in this Code. (b)if any person fails or refuses to obey or comply with or violates any of the provisions of this article, such person, upon conviction of such offense, shall be guilty of violating this article. Each violation or noncompliance shall be considered a separate and distinct offense. Further, each day of continued violation or noncompliance shall be considered as a separate offense. Nothing herein contained shall prevent the city from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Section 2. Section 3. Section 4. If any word, phrase, clause, subsection or section of this ordinance is for any reason held unconstitutional, invalid, or inoperative, the invalidity thereof shall not affect the validity of any remaining portions of this ordinance. In such case, the previous provision of such clause, subsection, or section are revived. That all sections or parts of sections of the Code of Ordinances, City of Naples, all ordinances or parts of ordinances, and all resolutions or parts of resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. This ordinance shall take effect immediately after adoption of second reading. FIRST READING DECLARED THE 20 TH DAY OF MAY, PASSED AND ADOPTED AT SECOND READING AND PUBLIC HEARING IN OPEN AND REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES, FLORIDA THIS 3 RD DAY OF JUNE, Attest: Patricia L. Rambosk, City Clerk John F. Sorey III, Mayor Approved as to form and legality: Robert D. Pritt, City Attorney Date filed with City Clerk: