time as it is determined by Lee County Division of Environmental ~rotect'ion that sufficient capacity is available at the Fort

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1 #, gee COUNTY ORDINANCE NO AN ORDINANCE AMENDING LEE COUNTY ORDINANCE RELATING TO THE FORT MYERS BEACH SEWER SYSTEM; PROVIDING FOR FINDINGS; PROVIDING FOR PROHIBITION; RE-ESTABLISHING A BUILDING PERMIT MORATORIUM ON STRUCTURES THAT MAY CONNECT TO THE FORT MYERS BEACH SEWAGE TREATMENT AND COLLECTION PLANT; PROVIDING FOR DURATION; PROVIDING FOR THE RIGHT TO HAVE ALTERNATIVE METHODS OF SEWAGE DISPOSAL; REQUIRING COMPLIANCE WITH STATE OF FLORIDA REGULATIONS; REQUIRING WRITTEN AGREEMENT AS A CONDITION OF A LEE COUNTY BUILDING PERMIT TO ABANDON THE ALTERNATIVE METHODS OF SEWAGE DISPOSAL AND CONNECTION TO PUBLIC CENTRAL SEWER SYSTEM; PROVIDING FOR PENALTY; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the County has determined to expand the Fort Myers Beach sewer,system service area; and, WHEREAS, existing and/or expanded sewage disposal facility problems continue to exist at said facility. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA AS FOLLOWS: SECTION ONE The amendments set forth in the following sections are hereby adopted. Additions are illustrated by underlined words and deletions are illustrated by struck through type. \. SECTION TWO Section Five of Lee County Ordinance is hereby amended to read as follows: Section Five That as of April 20, 1983, any and all building permits for any construction that would connect to the Fort Myers Beach Sewage Treatment and Collection Plant and System is expressly prohibited for the term of this moratorium{; - however, the remodeling of a slngle-family residential, institutional or commercial facility to include additional bathrooms or plumbing fac~lities may be permitted if no additional wastewater flow is to be generated and the structure has been previously connected to said system. SECTION THREE Section Six of Lee County Ordinance is hereby amended to read as 'follows:

2 Sectlon Six There shall be a total moratorium on the issuance of any building permit for the purpose of constructing any structure or the addition to any structure when the proposed structure or additions is to include plumbing fixtures or appurtenances as definedby the Standard Plumbing Code.and will create additional wastewater flows to the system by entities, lands, persons or corporations that will connect to the Fort ~ ~ers' Beach Sewer System. SECTION FOUR Sectionseven of Lee County Ordinance is hereby amended to read as follows:,, Section Seven There shall be a total moratorium on the issuance of any building permit for the purpose of constructing any structure or the addition to any structure when the pro- posed structure or additions is to include plumbing fixtures or appurtenances as defined by the Standard Plumbing Code and which will create additional wastewater flows to the system by entities, lands, persons or corporations, located outside the original boundaries of the Fort Myers Beach Sewer System, which are to connect to the Fort Myers Beach Sewer System including, but not limited to, those entities who have entered into agreements with the County or the sewer district for the purpose of reserving capacity in the Fort Myers Beach Sewage Treatment Plant. SECTION FIVE Section,Eight of Lee County Ordinance is hereby amended t.o read as follows: Section Eight That said moratorium shall remain in effect for a period g4f +Z~W$$$/XZBY/*Z$~~ not to exceed 1 November, 1985, or until such time as it is determined by Lee County Division of Environmental ~rotect'ion that sufficient capacity is available at the Fort Myers Beach sewer plant, whichever shall first occur.

3 SECTION SIX Lee County Ordinance 83-12, Section Nine, is amended as follows: Section Nine An applicant for a building permit within the moratorium area and subject to the provisions of Ordinance 83-7, shall have the right to propose a reasonable alternative method of sewage disposal for a structure or structures other than the public Central Fort Myers Beach Sewer System. If the proposed alternative method of sewage disposal meets all requirements and criteria for sanitary sewage disposal as promulgated by the State u1 FLurida and its agencies and Lee County, then a building permit may be issued upon presen- tation of the appropriate State permit at the time the application for a Lee County Building permit is made. Said building permit allowed hereunder shall be issued only if the applicant and owner of said lot or parcel of property agrees in writing, on a form provided by Lee County to abandon the alternative method of sewage disposal and to connect into the public Fort Myers Beach Central Sewer System within thirty (30) days from the time this moratorium is lifted and owner is notified the Central Sewage System is available. The above said written commitment of the applicant and owner shall be expressly made a condition of any building permit issued pursuant to this ordinance. Upon abandonment of the alternative method of sewage disposal as provided above, the owner of any such lot or parcel ~f land shall remeve, discantinue and eliminate said alternative method of disposal as required by the regulations promulgated by the state of Florida ancl its agencies. If such owner of any lot or parcel of land within the Fort Myers'~each Sewer System shall fail and refuse to connect with and use the facilities of the public Central Fort Myers Beach Sewer System as provided in Lee County Ordinance 7pf, and as provided herein, then the County shall be authorized

4 to make such connection, entering on or upon any such lot or parcel of land for the purpose of making such connection. The County shall thereupon be entitled to recover the costs of making such connections, together with reasonable penalties ~nterest,, and attorney's fees by suit in any court of competent SECTION SEVEN Lee county Ordinance is hereby amended to add a new Section Thirteen to read as follows: Section Thirteen Provision is hereby made tor obtaining relief from this morato'rium by an applicant. submitting to the Board of County Commissloners or its designee a written statement demon- strating that the relief requested will not allow additional wastewater flow to be generated to the Plant or that a structure or structures to be connected to the Plant will provide a mechanism whereby capacity to the system is created in excess of that directly used or required for said structures. All requests for relief must be consistent with the intent of this Ordinance. The Board of County Commissioners or their designee shall promptly transm~t the application for relief to the Lee County Division of Community Development and the ~e~artment of Environmental Protection Services which shall review the application and make a recommendation to the Board of County Commissioners. The Board of County Commissioners may then either deny the application or grant leave to apply for the appropriate permits pursuant to the requirements of the Lee County Comprehensive Plan and Zoninq Ordinance and all other applicable Codes and Ordinances. SECTION EIGHT PENALTY Any person violating or failing to comply with the provisions of th~s ordinance and the applicable provisions hereof shall be punished as provided by law, including, but not limited to temporary and permanent injunctive relief.

5 SECTION NINE SEVERABILITY The provisions of this ordinance are severable and it is the intention to confer the whole or any part of the powers herein provided for. If any of the provisions of this ordinance shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any remaining provisions of this ordinance. It is hereby declared to be the legislative lntent that this ordinance would have been adopted had such unconstitutional provision not been included therein. SECTION TEN EFFECTIVE DATE This ordinance shall become effective upon action from the Secretary of State that the ordinance has been duly filed., > DONE AND ADOPTED this 31st day of October ATTEST : LOIS F. KURTZ, AD INTERIM CLERK -, BOARD OF COUNTY COMMISSIONERS OF LEE COUNTY, FLORIDA By: