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Backup Documents 10/10/2001 SBOARD OF COUNTY COMMISSIONERS SPECIAL MEETING OCTOBER 10, 2001 NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared An,gela Bryant., who on oath says that they serve as the Administrative Assistant To The Publisher of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a in the matter of PUBLIC NOTICE was published in said newspaper 1 on October 1, 2001. times in the issue Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me this.~)~ day of October, 2001 ~i 'e ~t~lic) .,,/ 0NS DE .,RATION/ADOPTION ~Colller County, Florida proposes to enact: AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, COUNTYLAND DEVELOPMENT CODE, WHICH INCLUDES THE ISIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER' COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, qDINGS OF FACT: SECTION THREE, ADOPTION OF ~, LAND CODE, MORE SPECIFICALLY 2, ZONING, DIVISION 2.2. ZONING ~ USES NDITIONAL USES, DIMENSIONAL STAN- · ~ 'ZOI AND READOPTINGANDcERTAINPROCEDURES; 2.5. SIGNS, SEClION FOUR, CONFU¢I AND SEV- IVE, INCLUSION.IN THE COI. LIER COUN'D' LAND D£- ' D :SECTION SIX, EFFECTIVE DATE. ~anCe.'The Unit areaof ?lller .... ?~.:.. A Public Hearl~ On ~hls, regulation will be held on WEDNESDAY, October 10, 2001, at ' · '5:05 P.M.; In the B~rd of CoUn~ Commissioners MeetinE Room, 3rd Flor, Building "F,"" · . Collier Coun~ Government Center, 3301 East Tamlami Trail, Naples, Florida. Final ~op- ,~tion ~ o~inan~Wfl~ ~ consider~ ara ~ond public heaflnl on ~p~r.24, 2001. All interest~ pa~ies are invited toappear and be heard. Copies of the Proposed Ordinance' are available ~r publi~ inspectiob inthe Current PlannlnB Se~ion, Communi~ Develop-r ment Sewlces Center,2800 N. Ho~esh~ Drive, Naples, Florida, be~een the hours 8:00 A.M. and 5.00~'r P.M, Monday through Friday. ~y qu~tions ~ining to this reEula- !ion shoul~ ~ d~,to the Current Planning S~ion. ...., ..... . ~, . . If a person decides to appeal any decision made by the Collier Coun~ Board of Coun~ Commissqoners with respect to any ma~er considered at such meeting or hearing, he will ne~ a record of the proceedings, and for such purpose, he may need to ensure that a.~er- batim..record of the proc~dings is made,' which r~ord includes the~.~pUmony and evi dence u n which app~l is to ~s~,.,.: -. ~.~ ~. ~, ~ .... ~ . ...... : ....BOARD OF COUN~ COMMI~IONERS ~*, · ~..~ - ~. ~ ~. -- ,?':~ ~:-..~'~ ' - '; COLLIERCOUN~, FLORIDA .: ..... ' ~'-' ~ ' -~: ?," ~ :.':, JAMES D. CARTER, Ph.D., CHAIRMAN ,'=:~ '" ~,. ~ , ,,,..~ · ' : ,~ . ::~ '~ DWIGHT E. BROCK, CLERK By: Maumen Kenyon, Depu~ Clerk ~ ,;'. Collll~ Countg I=lo~ldm #99515754 October 1, 2001 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Wednesday, October 10, 2001 5:05 p.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF 1 June 6, 2001 CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1. PLEDGE OF ALLEGIANCE 2. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.7 ZONING ADMINISTRATION AND PROCEDURES; ARTICLE 3, DIVISION 3.5 EXCAVATION; AND READOPTING CERTAIN AMENDMENTS TO DIVISION 2.5 SIGNS, SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. SECOND PUBLIC HEARING TO BE HELD ON OCTOBER 24, 2001 3. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 2 June 6, 2001 Collier County, Florida ~QUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS TO: Clerk to the Board: _ Please place the following as a: ~Normal Legal Advertisement / Other: (Display Adv., location, etc.) / Originating Dept/Div: Planning Services Person: 1~~ Petition No. (If none, give brief description): LDC-~~*****~ Petitioner: (Name & address): Collier County Planning Services, 2800 North Horseshoe Drive, Naples, Fla. Name & Address of any person(s) to be notified by Clerk's Office: (If more space needed, attach separate sheet) Hearing before: / XX / BCC / / BZA / / Other Requested hearing date: 10/10/01 Based on advertisement appearing 7 days before hearing. Newspaper(s) to be used: (Complete only if important / /, -- /XXXX/ Naples Daily News or legally required /__/) /__/ Other P~posc'd Text: (Include legs{ desc~p~on & common location & size: LDC-2001-02A Special Cycle - See a~ached legal ad Companion petition(s), if any, & proposed hearing date: Does Petition Fee Include Advertising Cost? Yes XXX No / / If yes, what account should be charged for advertising costs: ~J5 't3~3 t Z ' ~ q~ /lO Reviewed Hei~~jjbY:~ ~ F~' -_~ ~, w~ --~ ;-- ~ Approved by: Division --AF~, &~]~ q//7/~ County Manager Date List Attachments:(1) (2) (3) DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. NOTE: If legal document is involved{ be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's Office will distribute copies: / / County Manager agenda file; /__/ Requesting Division; / / Original to Clerk's Office B. Other hearings: Initiating Division Head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE US~ .ONLY Date Received~ ~ P.H.~/'/ Date Advertised /~/ October 10, 2001 BCC Public Hearing NOTICE OF CONSIDERATION/ADOPTION The Board of County Commissioners of Collier County, Florida proposes to enact: AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS: SECTION TWO, FINDINGS OF FACT: SECTION THREE, ADOPTION OF ~MENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: ARTICLE 2, ZONING, DIVISION 2.2. ZONING DISTRICTS, PERMITTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, DIVISION 2.7. ZONING ADMINIST~ATIONAND PROCEDURES; ARTICLE 3, DIVISION 3.5 EXCAVATION; AND READOPTING CERTAIN AMENDMENTS TO DIVISION 2.5, SIGNS, SECTION FOUR, CONFLICT AND SEVERABILITY; SECTIVE FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. which will be effective within the unincorporated area of Collier County, Florida, -nd as stated in said ordinance. The unincorporated area of Collier County is shown on the map in this advertisement. A Public Hearing on this regulation will be held on WEDNESDAY, October 10, 2001, at 5:05 P.M., in the Board of County Commissioners Meeting Room, 3rd Floor, Building "F," Collier County Government Center, 3301 East Tamiami .Trail, Naples, Florida. Final Adoption of the ordinance will be considered at a second public hearing on October 24, 2001. -1- Ail interested parties are invited to appear and be heard. Copies of the Proposed Ordinance are available for public inspection in the Current Planning Section, Community Development Services Center, 2800 N. Horseshoe Drive, Naples, Florida, between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday. Any questions pertaining to this regulation should be directed to the Current Planning Section. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings, and for such purpose, he may need to ensure that a verbatim record of the proceedings is made, Which record includes the testimony and evidence upon which appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA jAMEs D. CARTER, Ph.D., CHAIRMAN DWIGHT E. BROCK, CLERK By: Maureen Kenyon, Deputy Clerk LDC BCC Ad 1 (7 day) -2- g5t ~o DADE COUN'~ BROWARD COUNTY LEE COUN~ ~¢~ s.~.- 2~ HENDR¥ COUNTY O 13. 0 III I= I s~92 I szs, I s~,~. I sogz lsat* I s-z I szl, z i so, z September 24, 2001 Ms. Pam Perrell Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: Notice of BCC Public Hearing to be held October 10, 2001; LDC-2001- 2A Special Cycle (7 day) Dear Pam: Please advertise the above referenced notice and map on Monday, October 1, 2001. This advertisement should be no less than one-quarter page and the headline in the advertisement should be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Kindly send the Affidavit of Publication, in duplicate, with charges involved to this office. Thank you. Sincerely, Teri Michaels, Deputy Clerk Enclosures P.O./Account # 113-138312-649110 FAX TO: Pam Perrell LOCATION: FAX NO.: COMMENTS: Naples Daily News (941) 263-4703 Please advertise the enclosed notice as indicated FROM: Teri Michaels Board Minutes IA Records LOCATION: COLLIER COUNTY COURTHOUSE FAX NO: PHONE NO: (941) 774-8408 (941) 774-8406 DATE SENT: TIME SENT: 9/24/2001 3'00 PM # OF PAGES: (Including cover) 5 0 >. >. ORIGIN: Community Development and Environmental Services AUTHOR: Susan Murray, AICP, Current Planning Manager DEPARTMENT: Planning Services LDC PAGE: LDC 2.229 LDC SECTIONS; 2.7.2.3.2., and 2.7.2.3.5. CHANGES: To amend Section 2.7.2.3 for the purpose of accomplishing the following objectives: (i) (ii) (iii) (iv) (v) To require properties larger than one (1) acre to post a sign with the minimum area of 32 square feet and to require the applicant to erect the sign at their cost. To enlarge the area where property owners are notified by mail from 300 feet to 500 feet for subject properties within the Growth Management Plan's Urban designated areas and from 300 feet to 1,000 feet for those properties that are not designated Urban. To require written notices to clearly describe what the rezoning application purports in the way of proposed uses and relevant development standards. To create a new subsection 2.7.2.3.5 requiring applicants to hold a public informational meeting after a pre-application meeting and prior to submitting an application to Collier County for rezoning and conditional uses, and establishes procedures to accomplish this objective. Requires applicants for variances to document contacts with all property owners within 150 feet of the subject site and property owner associations. The intent here is that an applicant for a variance will exert a greater effort to advise nearby property owners concerning the content of the variance. REASON: In workshops before the County Board of Commissioners amendments to the property owner notification standards, pre-application goals to enhance public participation, and enhanced standards for posting signs on a property for which an application has been filed have been discussed. It was the consensus of participants that a greater effort was needed to adequately involve affected and interested property owners in the process leading to rezoning, conditional use approvals and various types of variances. These amendments are in response to that direction. FISCAL AND OPERATIONAL IMPACTS: The added costs of notification procedures will be borne by the applicant. RELATED CODES OR REGULATIONS: None. 2.7.2.3.2. Notice and public hearing where proposed amendment would change zoning classification of land. In the case of an application for the rezoning of land, to include rezonings initiated by other than the board of county commissioners or amendments to planned unit developments, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners. 1. A sign shall be posted at least 15 days prior to the date of the public hearing by the planning commission. The sign to be posted s~all measure at teast--[*~;~ square.,~,~,c~' :~.. ....... ,,,~, ,..,.~ shall contain substantially the following language and the sign's copy shall utilize the total area of the sign: PUBLIC HEARING TO REZONE THIS PROPERTY FROM TO (or where applicable the following:) PUBLIC HEARING REQUESTING CONDITIONAL USE (VARIANCE) APPROVAL (both to contain the following information:) TO PERMIT: DATE: TIME: (Sufficiently Clear to Describe the Project) TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. The size area of the signs shall be as follows: a. For properties less than one (1) acre in size, the sign shall measure at least 1 ½ square feet in area. b. For properties one (1) acre or more in size, the sign shall measure at least 32 square feet in area. 2. In the case of signs located on properties less than one (1) acre in size, aT~e sign shall be erected by the development services director in full view of the public on each street side of the subject property. ~aid land tc, ~oe ~m,x~t. Where the property for which .....,,,,~,,~,,,~:~ approval is sought is landlocked or for some other reason the signs cannot be posted directly on the Z subject property land to be. rezoned, then the sign or signs shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property, for which parcel cf land. 3. In the case of signs located on properties one (1) acre or more in size, the applicant will be responsible for erecting the required sign(s). A sign shall be erected in full view of the public on each street upon which the subject property has frontage. Where the subject property is landlocked, or for some other reason the signs cannot be posted directly on the property, then the sign or signs shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. There shall be at least one sian on each external boundary which fronts upon a street, however, in the case of external boundaries along a street with greater ffontaaes than 1.320 linear feet signs shall be placed equidistant from one another with a maximmn spacing of 1,000 linear feet. except 1/hat in no case shall fl~e nmnber of signs along an exterior bound~y t}onting on a streel exceeds four signs. The applicant shall provide evidence that the si~(s) were erected, by ~mishing photo~aphs of the si~(s) dated to the time of their erection to the Planning Se~ices Depa~ment at least ten (10) days prior to the scheduled public hearing by the planning commission whichever has jurisdiction.. The si~s shall remain in place until the date upon either of the following occu~ences: 1. Final action is taken by the Board of County Commissioners or 2. The receipt of written notification by the Pla~ing Se~ices Depa~ment Director from the applicant requesting to withdraw the petition or requesting its indefinite continuance. ~ .... .... v ...... *:-g of s;~s' .o~ 3: 4. The planning commission shall hold one advertised public hearing. Notice of the time and place of the public hearing by the planning commission shall be sent at least 15 days in advance of the hearing by mail to the owner of the subject property or his designated agent or attorney, if any. · 5. Notice of the time and place of the public hearing by the planning commission shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the public hearing. Where applicable, the notice shall clearly describe the land uses that are proposed to be developed, applicable development standards, intensity or density in terms of total floor area of commercial or industrial space, and dwelling units per acre for residential projects, and a description of the institutional or recreational uses when part of the development strategy. The advertisement shall also include a location map that identifies the approximate geographic location of the subject property. $. 6. For subject properties located within the Urban designated area of the Growth Management Plan, N notice of the time and place of the public hearing by the planning commission shall be sent by the County twice. The first notice shall be sent no less than 30 days after the receipt by the Planning Services Department of a sufficient application. The second notice shall be sent at least 15 days in advance of the hearing. Both notices shall be sent by mail to all owners of property within 399 500 feet of the property lines of the land for which an approval rezonmg .., ,. , ~ is sought; provided, however, that where the land for which the approval rezcn/ng,.,~ .m~.-.~r~ -.--.-.~.-,~-,'~--~' is sought is part of, or adjacent to, land owned by the same person, the 200- 500 - foot distance shall be measured from the boundaries of the entire ownership or PUD, except that notice need not be mailed to any property owner located more than one-half il (2 640 fe t) fr th bj p rty ~'~ m e , e om esu ect rope m ~r~ .... '~--*"*; ...... ~'* For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons who have formally requested the County to be notified. 6:. 7. For subject properties located within areas of the Growth Management Plan that are not designated Urban, all of the foregoing notice requirements apply, except that written notification must be sent to all property owners within 1000 linear feet of the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons who have formally requested the County to be notified. %_8. Notice of the time and place of the public hearing by the board of county commissioners shall be advertised in a newspaper of general circulation in the county at least one time at least 15 days prior to the public hearing. g:. 9. The clerk to the board of county commissioners shall notify by mail each real property owner whose land is subject to rezoning, or PUD amendment, and whose address is known by reference to the latest ad valorem tax records. The notice shall state the substance of the proposed ordinance or resolution. Such notice shall be given at least 15 days prior to the date set for the public hearing, and a copy of such notices shall be kept available for public inspection during the regular business hours of the clerk to the board of county commissioners. q % lO.The board of county commissioners shall hold one advertised public hearing on the proposed ordinance or resolution and may, upon the conclusion of the hearing, immediately adopt the ordinance or resolution. 2.7.2.3.5. Public participation requirements for rezoning, PUD amendment, or conditional use; and for variances or parking exemptions. 1. Applicants requesting a rezoning, PUD amendment, or conditional use approval shall conduct at least one public informational meeting after a pre- application meeting and prior to submitting a sufficient application to Collier County. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the County pursuant to Section 2.7.2.3.2. Notification shall also be sent to property owners, condominium and civic associations, and civic organizations whose members are impacted by land use changes within their general area and who have formally notified the County of their request to be notified . A list of such organizations shall be provided and maintained by the County. A notarized copy of all parties noticed, and the date, time, and location of the meeting, shall be furnished to the planning services department and the office of the board of county commissioners no less than 10 days prior to the scheduled date of the public informational meeting. The applicant shall make arrangements for the location of the meeting. The location should be reasonably convenient to those property owners who are required to receive notice and shall be large enough to accommodate expected attendance. The applicant shall further cause an announcement of the meeting, its purpose, location, and time to be placed within a newspaper of general circulation at least seven (7) days prior to the public informational meeting. The Collier County staff planner assigned to attend the pre-application meeting or designee shall also attend the public informational meeting and shall serve as the facilitator of the meeting, however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio- or video-tape the proceedings of the meeting and to provide a copy of same to the planning services department. Applicants requesting variance approval or parking exemption approval shall provide documentation to the planning services department indicating that property owners within 150 feet of the subject site have been adyised pf the extent and nature of the variance or parking exemption requested wit_h_in 30 days of receipt of a suffiency letter. Where it has been determined that there is a functioning property owner, condominium or civic association who have formally notified the County of their request to be notified, then the applicant shall provide written documentation to the planning services department indicating that these organizations have also been contacted concerning the extent and nature of the variance or parking exemption requested. The applicant shall provide a written account of the result of such contacts and shall submit any and all written communications to the planning services department. A written account of the contacts, the list of property owner contacts and any other written communications shall be submitted to the planning services department at least two weeks prior to the scheduled date of the first advertised public hearing. 3. Regarding the above and as a result of mandated consultations with the public, any commitments made by the applicant shall be committed to writing and made a part of the account of the proceedings provided to the Planning Services Department These written commitments will be brought forward to the county's appropriate review and approval bodies and made a part of the consideration for inclusion in the conditions for approval section of any applicable development approval order. ORIGIN: Community Development and Environmental Services AUTHOR: Susan Murray, AICP, Current Planning Manager DEPARTMENT: Planning Services LDC PAGES: LDC2.248& LDC2.250 LDC.SECTIONS: 2.7.4.3. & 2.7.5.4 CHANGES: Amend the two cited sections to ensure the notice procedures implementing the public participation plan initiative are implemented consistent with notice requirements for rezonings. The conditional use notice procedures are amended to reflect the added public informational meeting requirement of 2.7.2.3.5., and as to variances to delete the existing notification procedures and replacing them with a cross-reference to property notification procedures at Section 2.7.2.3.2., and the public informational meeting requirment in 2.7.2.3.5.. REASON: Amendments to Section 2.7.2.3.2., will also apply to the notice requirements currently in existence for variances and conditional uses. The resulting provisions will be more internally consistent and apply to all types of zoning amendments. FISCAL AND OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None. 2.7.4.3. Notice andpublic hearing. Notice and public hearing by the planning commission and the board of zoning appeals shall be as provided for under subsection 2.7.2.3.2., such that the provisions applicable to the board of county commissioners shall apply to the board of zoning appeals All testimony given shall be under oath and the action by the planning commission and the board of county commissioner: zoning appeals shall be quasi-judicial in nature. Additionally, the requirements of section 2.7.2.3.5., must be met. 2.7.5.4. Notice of Planning Commission public hearing. Notice of public hearing before the P1 i g C i i ' ' 1~.o, ann n omm ss on ~s ...... at ..... 15 a:, ................. v ............. ~,. ............. ~ ........ n ....... 15 sou . shall be as provided for under subsection 2.7.2.3.2. -7 ORIGIN: Community Development & Environmental Services AUTHOR: Stan Chrzanowski DEPARTMENT: Engineering Services LDC PAGE: LDC3.90 LDC SECTION: 3.5 Excavations CHANGE: General update of excavation requirements, procedures, and policies to include procedures for excavations in Estates zoning. REASON: This change is necessary because Section 3.5 of the LDC has not been rewritten in over ten years, and many of the procedures are out of date. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Amend the LDC Code as follows: Sec. 3.5.1. Title and citation. This division shall be known and may be cited as the "Collier County Excavation Regulations." Sec. 3.5.2. Purpose. The purpose of this division is to establish a reasonable regulatory framework to regulate excavations within the County so as to minimize any potentially adverse impacts of the excavation activity on public health, safety and welfare of the citizens of this County and its natural resources. Sec. 3.5.3. Applicability; permit required. It shall be unlawful for any person, association, corporation or other entity to create, attempt to create, or alter an excavation without having obtained a permit therefor, except as provided herein. 3.5.3.1 Excavations are defined as the removal of an,/ material to a depth greater than three feet below the existing grade over any area, or one foot below existing grade over an area greater than 10,000 square feet. 3.5.3.2 Excavations on undeveloped coastal barriers shall be prohibited, except as specified in section 3.12.8.3. (Ord. No. 93-37, 3) Sec. 3.5.4. Exemptions. The following activities, to the extent specified herein, are exempt from the requirements of this division, provided that no excavated material is removed off-site, but are subject to compliance with all other applicable laws and county ordinances: 3.5.4.1 Earth moving in conjunction with any routine maintenance activity which restores the excavation to the final, and previously excavated, slope and depth configuration approved by the board, or with the installation of an underground utility which is to be backfilled. Material generated by such maintenance activity may be hauled offsite with administrative staff level approval, if so specified in an approval letter. 3.5.4.2 Foundations of any building or structure, providing the excavation will be confined to the area of the structure only. 3.5.4.3 Excavations relating to the accessory use of property which by nature are of limited duration and designed to be filled upon completion, £i.e., graves, septic tanks, swimming pools, fuel storage tanks, etc). 3.5.4.4 The regrading only of any property for aesthetic purposes, including berming or contouring, that does not create a body of water or affect existing drainage patterns or remove native vegetation in excess of County standards. 3.5.4.5 Agricultural drainage and irrigation work incidental to agricultural operations. (see 3.5.5.1.2 for offsite hauling) 3.5.4.5.1 3.5.4.6. Excavations incidental to agriculture surface water management and water use facilities as included in existing South Florida Water Management District permits. All excavated materials must remain on lands under the same ownership. Any transportation of materials over public roads is subject to appropriate transportation road use fees. The grading, filling, and moving of earth in co~njunction with road construction within the limits of the right-of-way or construction easement, when the construction plans have been approved by the Collier County or State Department of Transportation. 3.5.4.7. 3.5.4.7.1. 3.5.4.7.2. Farm animal watering ponds or excavations located on single-family lots / tracts where the net property size is two acres or more are exempt from the permitting procedures contained in this division, but must comply with all the construction standards of this division. Such exemptions apply only if: Excavation does not exceed one acre in area and 44 20 feet in depth. A building permit for d,,e a single-family home must be issued prior to the County issuing a letter of exemption. Activities set forth in subsection 3.5.4.1, (except removal of excess material) 3.5.4.2, 3.5.4.3, 3.5.4.5, and 3.5.4.6 do not require letters of exemption. Activities set forth in subsections 3.5.4.4 and 3.5.4.47- 7 must submit plans or drawings of the proposed activity to Engineering Plan Review Department for a formal letter of exemption. (Ord. No. 92-73, 2; Ord. No. 93-89, 3; Ord. No. 97-26,3.H, 6-4-97) Sec. 3.5.5. Excavation review procedures. 3.5.5.1. Types of excavation permits. The permits required by this division shall be issued by the Development Services ~ Department in accordance with the procedures set forth herein and shall come under one of the following categories: 3.5.5.1.1. Private excavations. Private excavations are considered to be an excavation on non-commercial property where the excavated material is not removed from the property and where the disturbed surface area at grade does not exceed two acres. Where more than one excavation is proposed for the same piece of property or properties under common ownership and the combined disturbed surface area exceeds two acres, the permits shall not be issued as a private excavation. 3.5.5.1.2. Commercial excavations. (Types I, II, & III (A, B, C)) Commercial excavations are considered to be any excavation wherein the excavated material is removed from the subject property. Except that up to 4000 Cubic Yards. of excavated material may be removed from an agriculturally zoned site if the fill is the result of a legitimate agricultural use as defined in other sections of this code. For purposed of this section, the following definitions shall apply: Type I commercial Excavation - Locates- in Estates zoning district with a surface area less than 3.0 acres with an excavated material volume less 3.5.5.1.3. than 60,000 cubic yards. Type H commercial Excavation - Locates - in Estates zoning district with dimensions greater than those listed for Type I commercial. Type llI ,4 commercial Excavation - Locates - in agricultural zoning district with a volume less than 100,000 cubic yards. T_¥pe III B commercial Excavation - Locates - in agricultural zoning district with a volume equal to or greater than 100,000 cubic yards and less than 500,000 cubic yards. Type III C commercial Excavation - Locates - in agricultural zoning district with a volume equal to or greater than 500,000 cubic yards and less than or equal to 5,000,000 cubic yards. Type III D commercial Excavation - Locates - in agricultural zoning district with a volume greater than 5,000,000 cubic yards. All approved developments with offsite hauling activities will be considered Type III B commercial. The minimum lot size for any Type III commercial excavation shall be 20 acres. Development excavation. Development excavations are considered to be any excavation located within the boundaries of a planned unit development, or subdivision development, having approved construction plans (to include S.D.P.s), or an industrial or commercial project, or where the disturbed area of an excavation exceeds two acres, but no fill is removed from the subject property for any purpose whatever provided that: -1-:. The excavations were clearly defined and detailed as to location, size, shape, depth, and side slopes during the development's review process and, if applicable, approved by the board after appropriate public hearings. ___. If approved by the board during the rezone and/or preliminary subdivision plat process, excavated material in an amount up to ten 3.5.5.2. 3.5.5.2.1 3.5.5.3. percent (to a maximum of 20,000 cubic yards) of the total volume excavated may be removed from the development. Intentions to remove material must be clearly stated during the development's review and approval process. Tk, e acc ...... s,~ Issuance of permits. Issuance of private and development excavation permits. The Development_Services _Director may administratively approve and issue private and development excavation permits where all of the applicable standards of this division have been meet. When, in his opinion, the standards have not been met, the application shall be submitted to the Environmental Advisory board Council for recommendation with ultimate approval or denial required of the board. Issuance of commercial excavation permits. Applications for commercial excavation permits shall be reviewed by the Community Development and Environmental Servicesd --Administrator, or his designee, and by the ~nvironmental -A--dvisory Board for recommendation and approved by the b-oard. When a request is made to remove surplus fill material from a previously approved development excavation, the requirement for review by the Environmental Advisory board Council shall be waived, but dependent on haul route and amount of fill to be hauled, staff may require approval by Collier County Planning Commission. Notice of meeting. The Development Services Director shall give prior written notice of the Environmental -Advisory board Council meeting, by first class mail, as noted in section 3.5.6.1.3.4, to all adjacent property owners (within 300 feet of the property line or within 500 feet of the excavation itself) as determined by reference to the latest official tax rolls. For Type I and Type II excavations, all owners of existing homes or homes under construction, (i.e. having broken ground on the date of submittal of the excavation permit application) within 1 mile of the site along the haul route must be notified in accordance with Section 3.5.5.4. 3.5.5.4.1 3.5.6.1.3.4, of the code. Such property owners may request that the item be heard by the Board of County Commissioners at a public hearing. Excavation permit criteria. Approval by the Site Development Review Director and the Board shall be granted only upon competent and substantial evidence submitted by the applicant, that: The excavation will not interfere with the natural function of any sanitary, storm or drainage system, or natural flow way, whether public or private, 3.5.5.4.2 3.5.5.4.3 3.5.5.4.4 3.5.5.4.5 3.5.5.4.6 3.5.5.4.7 3.5.5.4.8 3.5.5.5 so as to create flooding or public health hazards or jeopardize the functions of the natural resources and environment of Collier County. Dust or noise generated by the excavation will not cause a violation of any applicable provisions of article 2 of this code. Rock crushing operations or material stockpiles that will be adjacent to any existing residential area may require separate County approval. The excavation will not adversely affect groundwater levels, water quality, hydroperiod or surface water flowways. The Development Services Director may require the applicant to monitor the quality of the water in t~e excavation and adjacent ground and surface waters. Under no circumstances shall the excavation be conducted in such a manner as to violate Collier County or applicable State of Florida water quality standards. The excavation will be constructed so as not to cause an apparent safety hazard to persons or property. The excavation does not conflict with the growth management plan or land development regulations adopted pursuant thereto, nor does it conflict with existing zoning regulations. Special criteria and approval procedures may be necessary for projects within the Big Cypress Area of Critical State Concern. In cases where a wetland is no longer capable of performing environmental functions or providing environmental values or in cases where it is determined that no reasonable alternative exists other than disrupting a wetland, certain alterations may be allowed, except as otherwise authorized through previous county review processes. Flow of water within and through preserved wetlands shall not be impeded. Appropriate sediment control devices (hay bales, silt screens, etc.) shall be employed to prevent sedimentation within the wetland pursuant to the design requirements of division 3.7. Any building site adjacent to a wetland and elevated by filling, must employ the same erosion control devices. Fill must be stabilized using sod, o~ seed~ and or mulch ;.f an Other permits required. All appropriate State and Federal permits or approvals for work in jurisdictional areas shall be provided to the Development Services Director prior to issuance of an excavation permit. The excavation permit includes authorization to remove vegetation within 20 feet of the lake control contour elevation and for the stockpile area. 3.5.5.6 Fees and guarantees. Upon Community Development and Environmental Services Administrator, or his designee, approval on behalf of the Board ~f County Commissioners, the applicant will, within 60 days of written notification from the Community Development and Environmental Services Administrator, pay the required permit fee, road impact use fee if required, and post, if required, the appropriate performance guarantee, in a format approved by the County Attorney. In addition, the applicant shall provide written proof of payment of road impac--t use fees in accordance with section 3.5.9.3, if required. Failure to pay the fees and post the guarantee, within this time period shall constitute abandonment of the excavation permit application and will require complete reapplication and review in accordance with all requirements in effect at the time of reapplication, with the following exceptions: 3.5.5.6.1. Upon receipt of an applicant's written request with sufficient justification, as determined by the Development Services Director, and payment of a time extension fee, the Development Services Director may, one time only, authorize the extension of the permit issuance time for up to an additional 60 days. 3.5.5.6.2. All previously approved excavation permits that have yet to be issued by the Development Services Director become eligible for the above time extensions upon the effective date of this division. 3.5.5.7. Duration of excavation permits. 3.5.5.7.1. Private excavation and Type I and Type II commercial excavation permits shall be valid for a period of 12 months from the date of issuance. If the work is not completed in that time, a second application, with a reapplication fee must be submitted to the Development Services Director, requesting up to an additional 12 months to complete the excavation. If the Development Services Director finds sufficient good cause to grant the request, a permit extension will be issued. 3.5.5.7.2. Commercial Type III and development excavation permits will be of indefinite duration or until the excavation reaches the limits of the permitted size, provided the excavating operation remains active in accordance with the requirements of this division. (Ord. No. 93-89, 3; Ord. No. 96-21, 3) Sec. 3.5.6. Application requirements for excavation permits. 3.5.6.1. 3.5.6.1.1 3.5.6.1.2. 3.5.6.1.3. Unless otherwise directed, one copy of all required application documents shall be submitted to the Development Services Director on a form to be supplied by Collier Cou--nty. The application shall include, but not be limited to, the following information: The name, address, and telephone number of the applicant or his agent, and, if known, the excavator. Proof of ownership, legal description and location of the property involved. A small location map, drawn on 8 1/2- inch by 11-inch paper, shall accompany the application, clearly showing the location of the proposed excavation(s) in relation to commonly recognized landmarks. A signed application provided by the County and completed by the applicant or his agent which includes: 1. A statement that he has read this division and agrees to conduct the excavation in accordance with this division, this code and other county and state codes and laws. 2. A statement of purpose of excavation and intended use of the excavated material. 3. Exhibits prepared and sealed by the project's surveyor/engineer showing. a. The boundaries of the property. b. Existing grades on the property. c. The level of the mean annual high and low water table with supporting information relative to how elevations were determined. d. The grades which will exist following the completion of the excavation. e. The volume of the excavation as measured from the natural grade. f. Easements, existing utilities, roads and setbacks, and zoning. g. Drainage and flowways. h. Aerial limits of any special site vegetation such as mangrove, cypress or other wetland species. i. For development and all Type III commercial excavations, logs of soil auger borings with field classification shall be provided, unless existing recent data is available and provided to the Development Services Director, for use in determining ~ninimum and maximum depths and appropriate side slope configurations, and evidence of any confining layers, (this latter to determine if on-site or adjacent wetlands are "perched.") The depth of the soil auger borings shall extend to a point at least one foot below the proposed bottom elevation of the excavation, and shall be of at least the following density according to size of each excavation; zero to 4.9 acres/two locations; 5 to 9.9 acres/three locations; 10 acres or more/three locations plus one for each additional 20 acres or fractional part thereof. For private and Type I commercial excavations, two auger borings or a simple machine excavated hole to a depth of 13 feet below the wet season water table must be submitted. For Type I and Type II commercial excavations, the site must be posted with a notification of the date, time, and location of the public hearing before the Board of County Commissioners. For Type I and Type II commercial excavations, a map of all existing dwellings and dwellings under construction at the time of submittal of the application along the haul route one mile in any direction must be submitted along with envelopes having postage for two ounces addressed to the owners of those lots. If the project is to be submitted to the Environmental Advisory board Council a list of the names and addresses, obtained from the latest official tax rolls, of all owners or owner associations of property within one-fourth mile of the excavation or on-site vehicle access route or within 300 feet of the property lines of the property on which the excavation is to be performed, whichever is less. The applicant shall also furnish the Development Services Director with said owners' names and addresses on pre-addressed.~.....~r-i___n_.ch by 9 ½-inch envelopes with first class, ~/~~, postage ready for mailing. For Type I and Type II excavations, all owners of existing homes or homes under construction (i.e. having broken ground on the date of submittal of the application) within one mile of the site along the haul route must be notified. The petitioner shall submit a list of these homeowners along with stamped (~ '. _ ...... ' -' ' _~_~1~_ ) pre-addressed envelopes to the Community Development Division, Engineering Review Department. Water management plan de. tailing methods for the conservation of existing on-site and off-site surface drainage systems and groundwater resources. Copies of an appropriate surface water management permit and/or water use permit (dewatering) as required and issued by the South Florida Water Management District shall be provided to the development services director prior to commencing the excavation operation. o If excavated material will be removed from the property, and unless, due to site-specific circumstances, the requirement is waived by Transportation ser-vic-~ Operations Director, a traffic and road impact a-nalysis will be made by the applicant to address the following: do eo Identifying the project's zone of influence, that is, the distance from the site that traffic is either generated from or attracted to. The existing condition of the road system within the excavation project's zone of influence. The capacity of the road system within the zone of influence to handle existing traffic, normal growth in the traffic, and additional traffic generated from the excavation project in consideration of the time frame of the traffic generation and the wheel loadings of such traffic. The site-specific road work within the zone of influence which is necessary prior to the start of the project and which are will be necessary during the project so as to assure that premature road failure and/or severe road damage will not occur. Road .....~' *" ~' .... a~..,~,~ r.., ,r. ...... *-' and Road work to be undertaken by the applicant to mitigate adverse road impacts along with confirmation of the security, if applicable, to be provided by the applicant to assure completion of the identified road work. Any and all security and/or performance guarantee required in excess of $100,000.00 as set forth in the road use analysis shall be secured or guaranteed in accordance with section 3.5.10. Should there not be concurrence by T_ransportation Operations Director and the applicant, of about the improvements, ~naintenance, performance guarantee and/or other requirements on the part of both parties based on the road impact analysis, the permit application along with applicable information shall be subject to review and recommendation by the ~ ~,~.,; .... r.~,,~A Collier County Planning Commission followed by review and action by the Board. The permittee may provide a phasing plan whereby the required performance guarantee may be reduced provided that security requirements are met in the first phase. No additional excavation shall take place in future~,~o-~"° phases until either the first phase is completed and approved by Collier County or additional security requirements are provided for the future phase(s) of work. Performance guarantees for platted lakes shall be in an amount equal to the engineer's certified construction estimate. 3.5.6.2. Should blasting be necessary in conjunction with the excavation, all blasting shall be done under an approved Collier County user/blaster permit with no overburden removed prior to blasting from the area planned for excavation unless otherwise approved by the Development Services Director. Said permits shall be obtained from the Collier County _~)evelopm-~nt Services Department. Should approval for blasting not be granted to the applicant, the applicant shall remain responsible to meet any and all requirements of an approved excavation permit unless the subject excavation permit is modified in accordance with this division. 3.5.6.3. If trees are to be removed as a result of the excavating operation, a .... : .... ~:~,^~ ~.~c ........ ~- o~,~" ........ a simultaneous submittal shall be made to the environmental staff of the Planning Services Department. Approval by environmental staff will constitute a permit for removal of the vegetation when the excavation permit is granted. 3.5.6.4. If the application is made by any person or firm other than the owner of the property involved, a written and notarized approval from the property owner shall be submitted prior to processing the application. (Ord. No. 93-89, 3; Ord. No. 96-21, 3) Sec. 3.5.7. Construction requirements for the construction of excavations. All requirements of the South Florida Water Management District, Permit Information Volume IV, along with the following requirements shall apply to all excavations. 3.5.7.1. Setbacks. Excavations shall be located so that the ,^~,,~ ,~c ~,~,~,~,,~, control elevation contour of the excavation shall adhere to the following minimum setback requirements: 3.5.7.1.1. Fifty feet from the right-of-way line or easement line of any existing or proposed, private, or public, street, road, highway or access easement. Exceptions to the above-referenced setbacks may be developed and shall be subject to final approval by the Development Services Administrator or his designee. Said exceptions shall be based upon recognized standards for traffic engineering and road design (AASHTO and/or Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways, State of Florida) and shall incorporate such factors as road alignment, travel speed, bank slope, road cross section, and need for barriers. However, lakes immediately adjacent to "T intersections" shall be located based on a specific design analysis by the applicant's engineer which provides for safety and traffic considerations at the intersection. 3.5.7.1.2. 3.5.7.1.3. 3.5.7.2. 3.5.7.2.1. 3.5.7.2.2. 3.5.7.2.3. 3.5.7.2.4. Fifty feet from side, rear, or abutting property lines, except where the excavation is located in agriculturally or industrially zoned districts abutting a residentially zoned district, the setback shall be 100 feet from the residentially zoned property. Exceptions to these setbacks may be granted if the following criteria are met: installation of proper fencing (minimum 4 feet chain link) berms, walls, or other engineered protective measures for the portion of the property line within 100 feet of the lake. The minimum setback from any property line to the control elevation contour shall be 20 feet. From jurisdictional wetlands setbacks will be determined using standards set by SFWMD. Side slopes. The finished side slopes of the excavated area, expressed as the ratio of the horizontal distance in feet to one foot of vertical drop, shall be as follows: A maximum 4.0 to one slope shall be graded from the existing grade to a breakpoint at least three ten feet below the control elevation mean armlaa! to,,v4vat~c4e~4. Below this breakpoint, slopes shall be no steeper than 2.0 to one. All governing side slopes shall be considered from ,T~,~,,. ,~.,v ,~-"~' ~'~"~'u~-,,~- ,~.~r ,~=.,~ fill ~,~.;~1~- ~+ ~1~+;"~ d ,.1 .... ,~,~ 20 feet outside the control ....................... ~ groun elevation contour of the resulting excavation. If rock, homogenous to the bottom of the excavation, is encountered at any elevation above the breakpoint, then the remaining slope below the breakpoint shall be no steeper than 0.5 to one. If said homogenous rock is encountered below the breakpoint, the slope below the breakpoint shall be no steeper than 2.0 to one to the rock elevation, and no steeper than 0.5 to one from the rock elevation to to mean .................. ten feet below the control elevation. In the event that property where a commercial or exempt agricultural excavation was previously excavated is rezoned/developed for uses other than agriculture, the excavation shall be modified to the standards for development excavations in accordance with the requirements of section 3.5.7.2 proper, or other criteria as may be more stringent. Exceptions to the side slope requirements that may be justified by such alternatives as artificial slope protection or vertical bulkheads shall be approved in advance by the site development review director, where 3.5.7.2.5. justification is documented in a design analysis prepared by a professional engineer registered in the State of Florida. Bulkheads may be allowed for no more than 40 percent of the shoreline length, but compensating littoral zone area must be provided. sur-faee~,~t~ Littoral zones- for purposes of this ordinance, the littoral zone of a lake in Collier County will be defined as the area of the lake lying in the zone between two feet below (Wet Season Water Table) to one foot above WSWT. An area of littoral zone equivalent to 2% of the total area of the lake at control elevation shall be planted with wetland 'type vegetation. This littoral planting zone will be at an 8:1 minimum side slope. Littoral planting zones should be adjacent to and waterward of control structures ~ or pipe outlets or inlets and shall be a minimum of 15 feet from any discharge structure or pipe intake so as not to impede or break flow. The following criteria shall be the minimum standards in the creation of the littoral zone. Eighty percent vegetative coverage of the planted littoral area is required over a three-year period to ensure establishment. Beyond three years the littoral shelf shall be maintained as a functional component of the lake system. The function shall be defined as: mimicking a natural system to improve water quality; biologically cleansing runoff prior to discharge; buffering against shoreline erosion; naturally controlling exotics and/or to mimicking other natural functions such as the utilization by wildlife. The littoral zone shall be planted with at least three different species of native, nursery grown or otherwise legally obtained vegetation tolerant of the different zones within the littoral shelf where no single species shall account for greater than 50 percent of coverage. Copies of receipts for vegetation purchase shall be provided upon request by the site development review director. Littoral zones ma,/be moved or consolidated to areas within any lake in an interconnected lake system at a rate of 1.25 greater than the origirlal amount. All Collier County listed prohibited exotics shall be removed as they occur, manually or with U.S. Environmental Protection Agency approved herbicides, when they exceed ten percent coverage. At the time of planting: minimum tree height shall be eight feet; minimum shrub height shall be 24 inches; minimum herbaceous height shall be 12 inches. The height requirement may be administratively waived where the required height of trees, shrubs, or herbaceous plants are not available. An annual monitoring report shall be forwarded to Compliance Services Environmental Staff, until such time as criteria set forth in section 3.5.7.2.5(1) have been satisfied. In order to ensure a minimum eighty (80) percent coverage of littoral zone planting areas, a performance guarantee pursuant to the provisions of section 3.5.10 will be required upon completion and acceptance of each excavation permitted by the county. The value of the guarantee shall be based on a cost estimate to replace the original installed littoral zone plants. The guarantee must be submitted in a format approved by the County Attorney and approved by the Community Development Services Administrator Director, or his designee, on behalf of the Board of County Commissioners prior to preliminary acceptance of the permitted excavation(s) and shall be held for a period of a minimum of one year to allow the plantings to become established within the lake. The guarantee may only be released by the county upon the completion of a final inspection which confirms that at least 80 percent coverage has been obtained. 3.5.7.2.6. No building construction permits will be issued for any proposed construction around the perimeter of any excavation where the minimum clearance between the excavation top-of-bank and the proposed building foundation is less than 30 feet, unless and until all side slopes adjacent to the proposed construction have been completed and approved by the Development Services Director. Exceptions to this requirement will be made in those instances where the perimeter of the excavation will be bulkheaded in accordance with the provisions of section 3.5.7.2.4. 3.5.7.3. Depths. Unless site conditions, water quality, or soil information indicates otherwise, the excavation depths as measured from the permitted control elevation shall be as follows: 3.5.7.3.1. Maximum. Private and development excavations shall not exceed 4-3 20 feet in depth unless computations using the "fetch formula" of maximum depth -- 5 feet + (0.015) x (mean fetch in feet) indicate that deeper depths are feasible. The mean fetch shall be computed as follows: (A+B)/2 where "A" is the average length parallel to the long axis of the excavation and "B" is the average width of the excavation as measured at right angles to the long axis. 3.5.7.3.2. 3.5.7.3.3. 3.5.7.4. Commercial excavations shall not exceed 20 feet in depth unless otherwise supported by the "fetch formula" or if it can be shown from a comparative water quality study of another similar lake (comparable geometry) that depths in excess of 20 feet will not, because of aquifer conditions or relative location to coastal saline waters, have a detrimental effect on the ground water resources in the surrounding area. Minimum. In order to assure that unsightly conditions or undesirable aquatic growth will not occur in wet retention areas during the dry season of the year, the bottom elevation shall be at least six feet below the mean annual low water level. Over-excavation.. In those instances where the excavator over-excavates the depth of the excavation by more than an average of ten percent, written justification shall be submitted to the Development Services Director by the project's surveyor/engineer providing an assessment of the impact of the over-excavation on the water quality of the excavation. If, upon review of the assessment statement by the Development Services Director and Advisory Bc, ar~ Council, the increased depth is found to be unacceptable, the permittee shall be required to fill the excavation to the permitted depth with materials and methods approved by the Development Services Director. If the depth is deemed acceptable by the Development Services Director and approved by the Environmental Advisory Board, a penalty shall be set by resolution for each cubic yard of excavated material. Fencing. If, at any time, the Development Services Director finds that the location and conditions of an excavation are not in, or able to be brought into, compliance with all requirements of this division, the excavation shall be buffered with a minimum of a four-foot-high fence with "No Trespassing" signs as deemed appropriate by the Development Services Director to deter passage of persons. 3.5.7.5. Hours of operation. Hours of operation and blasting operations shall be regulated by appropriate County Ordinance and State laws. Unless otherwise approved by the Development Services Director, all excavation operations with the exception of dewatering pumps, which are within 1,000 feet of developed residential property, shall be limited to operating hours between 7:00 a.m. and 56:00 p.m., Monday through Saturday. Additionally, such excavation operations shall be in compliance with any and all County ordinances which establish operating controls by hours, days, noi-~e level, or other parameters relating to public health, safety and welfare. Hours of operation for private and for Type I and Type II commercial excavations shall be 7:00 a.m. to 6:00 p.m., Monday through Friday. 3.5.7.6. 3.5.7.7. 3.5.7.8. 3.5.7.9. Restoration. Upon completion of the excavation operation, the subject property shall be restored as required by the 1986 State of Florida Resource Extraction Reclamation Act (F.S. ch. 378, pt. IV). Reclamation shall mean the reasonable rehabilitation of the total disturbed area where the resource extraction has occurred, and shall meet the reclamation performance standards established by the State. All disturbed areas, including the excavation side slopes above the water line and a 20-foot wide area around the entire perimeter of the excavation, shall be sodded or fertilized and seeded with a quick-catch seed variety approved by the Development Services Director within 60 days of the final side slope shaping in order to minimize the potential for erosion. Discontinuance of operations. If the excavating operation is inactive for a period of 90 consecutive days, except due to strikes or acts of God, all side slopes, including the working face, shall be brought into conformance with this division and a report so stating, prepared and sealed by the project's surveyor/engineer shall be submitted to the Development Services Director. Recommencement shall also be reported to the Development S'-ervices Director. If the excavating operation is never started or is d-iscontinued for a period of one year, that permit is void unless a written request is made by the permittee with sufficient justification for a time extension in which case the Development Services Director may authorize a permit extension for up to 180 days. A new permit must be approved prior to commencement. Non-water management system lakes. Non-water management system lakes of a surface area of one acre or less, may be riprapped along their entire shoreline under the following conditions: a. Side slopes shall be at a minimum ratio of two to one. b. The required littoral zone may be created at a water management lake in the system, but at least ten percent of the required littoral areas shall be created at the lake discharge facility. c. Riprapping must extend down to the slope breakpoint required by section 3.5.7.2, LDC. d. The lake shall have protective barriers to prevent vehicular access where necessary. e. The lake shall meet all of the design requirements of section 3.5, LDC. Amendments to approved excavations. Substantial changes to any approved excavation permit, (i.e. changes resulting in an increase of 20% or more in excavated volume resulting in less than 50,000 additional cubic yards), must be submitted to project plan review for review and approval, with such approval granted in writing prior to commencement of any proposed change. Failure to comply with the permit requirements shall be cause for the Development Services Director to issue stop work orders on all excavation-related activities taking place or planned for the subject property. Insubstantial changes shall not require prior written approval and shall include reductions in surface area not affecting water management design quantities of material to be removed. A written description of proposed insubstantial change, including an illustrated as-built as per the excavation permit, to any approved excavation shall be submitted in writing to project plan review and to the Development Compliance Department. (Ord. No. 92-73, 2; Ord. No. 93-89,3; Ord. No. 95-58, 3; 11-1-95; Ord. No. 96-21, 3; Ord. No. 97-26, 3.H, 6-4-97) 3.5.7.10 3.5.7.10.1 3.5.7.10.2 Special Requirements for Tppe I and Type II Commercial Excavations Type I and Type II commercial excavations will be required to apply for a conditional use approval for the parcel(s) that the excavation occurs on. Conditional use and excavation permits expire after one (1) year, with a provision for one (1) additional year extension upon payment of a renewal fee. 3.5.7.10.3 Blasting will not be permitted. If test holes show that rock is less than 12 feet from the original grade, removal methods must receive staff approval. 3.5.7.10.4 Hours of operation for digging and/or offsite hauling will be 7:00 a.m. to 5:00 p.m., Monday through Friday. 3.5.7.10.5 All areas disturbed as a result of fill storage must be seeded and mulched upon completion of construction. Prior to release of the performance bond, the planted seed must reach a height of 6 inches. Rye grass is acceptable for this purpose. 3.5.7.10.6 Lake Location and Size. For parcels 5.00 acres in size and smaller, the surface of the lake can occupy a maximum of 40% of the lot area. For parcels over 5.00 acres up to 10.00 acres, the surface area of the lake can occupy a maximum of 45% of the lot area. For parcels over 10.00 acres, the surface area of the lake can occupy a maximum of 50% of the lot area. Finished lakes shall be irregularly shaped with no comers less than 40 feet in radius, and must otherwise conform to Section 2.8.4.7.1 of the Land Development Code. Setbacks less than 50°-/o feet from control elevation contour to property line are permitted if proper fencing (48 inches high and "childproof") is used. There shall be no exceptions to the 50 foot front yard setback from the road Right of Way line. 3.5.7.10.7 Depths. Type I and Type II Commercial Excavations shall not exceed 20 feet in depth. The minimum depth shall be 12 feet at the middle of the excavation. See subsection 3.5.7.3.1 for exceptions. 3.5.7.10.8 Sideslopes shall be no steeper than one (1) foot vertical to four (4) feet horizontal to a depth of ten (10) feet below orig;~na!~,,,,~,-,~ control elevation and may be as steep as one (1) foot vertical to two (2) feet horizontal below that elevation. 3.5.7.10.9 Building envelope. A minimum one (1) acre building envelope is required. The envelope shall be contiguous, rectangular in shape, and may extend to the property lines and include setbacks. The minimum dimension of any side of the rectangle shall be 150 feet. 3.5.7.10.10 Stockpiles. Temporary stockpile areas shall occupy a minimum of one (1) acre. The stockpile area may occupy the future homesite. Proper erosion control and sediment measures (meeting NYPDES standards) must be used at the stockpile site. 3.5.7.10.11 Littoral zone plantings must conform to Section 3.5.7.2.5. 3.5.7.10.12 Federal and State Agency Permits. Any excavation in an area containing SFWMD (Southwest Florida Water Management District), DEP (Department of Environmental Protection ) zoning district, or USACOE (United States Army Corps of Engineers) jurisdictional vegetation must obtain a permit from the applicable agency prior to issuance of the excavation permit. Sec. 3.5.8. Inspection and reporting requirements. 3.5.8.1. Inspection. 3.5.8.1.1. Collier County personnel, having given reasonable advance notice, shall have the right to enter the property permitted for excavation and may from time to time carry out inspections of the excavation site including the collection of water samples to determine compliance with the provisions 3.5.8.1.2. 3.5.8.1.3. 3.5.8.2. 3.5.8.2.1. of this division and any special conditions attached to the excavation permit as issued by Collier County. Upon reasonable notice from Collier County personnel that an inspection is to be conducted which requires the assistance and/or presence of the permittee or his representative, the permittee or his representative shall be available to assist and/or accompany county personnel in the inspection of the excavation site. Collier County personnel are not obligated to carry out a detailed topographic survey to determine compliance with this division. Upon a finding of violation of this division or the special conditions of the excavation permit, the Development Services Director shall advise the permittee in writing by certified letter. The permittee shall, within 15 days of receipt of such notice, have either the violation corrected or submit in writing why such correction cannot be accomplished within the 15-day period. Such written communication shall also state when the violation is to be corrected. If, in the opinion of the Development Services Director, the delay in correcting the violation is excessive, he may recommend to the Board that the excavation permit be temporarily suspended or perma-nently revoked. Upon correction of the violation, the permittee may be required by the Development Services Director to have an appropriate report, letter and/or survey, whichever is applicable, prepared, sealed and submitted to Collier County by the project's engineer/surveyor. Failure to do so shall be cause for revoking the permit. Reporting. Status reports. The permittee shall provide the Development Services Director with an excavation activities status report as follows: Private and Type I and Type II commercial excavations. A final status report within 30 days after the final completion of the excavation. Development and all Type III commercial excavations. An annual status report every 12 months over the duration of the permit and a final status report within 30 days after the final completion of each phase of the excavation. If a final status report will be filed within four months of the required annual status report, then the need for the preceding annual status report shall be waived. The final or annual status report shall consist of no less than the following information as may be deemed necessary by the Development Services Director, to accurately determine the status of the excavation, its compliance with this division and the special conditions of the excav__~ation permit: ~ a. A sealed topographic survey prepared by the project's surveyor/engineer, containing the following: (1) A base line along the top of the perimeter of the excavation, clearly referenced to known points and adjacent property or tract lines, if appropriate, with right angle cross sections taken which clearly show the as-built side slope and depth of the excavation at each station. Unless otherwise approved by the Development Services Director, cross sections shall be taken every 100 feet on excavations less than five acres, and every 200 feet on excavation over five acres. Partial cross sections showing the as-built side slopes will be necessary on the ends of the excavation and around the perimeter of the excavation where due to its irregular shape, the base line right angle cross sections do not accurately depict the actual constructed slopes. The cross section survey data shall be plotted at an appropriate scale and the as-built side slope ratio computed for each of the segments between the survey data points The approved design cross section, including the breakpoints, shall be superimposed on each as-built cross section to facilitate visual verification of substantial compliance with provisions of this division. Side slopes shall be graded to within a reasonable tolerance as will be determined by the Development Services Director, depending upon local site conditions. (2) On all planned unit development or subdivision projects, the outline of the excavations top-of-bank shall be accurately plotted and referenced to known control points in order that: (a) The surface area can be verified as meeting size and retention/detention storage needs. The computed surface area at control elevation shall be shown to the nearest tenth of an acre. (b) It can be determined that the excavation was constructed within easements dedicated for that purpose. (3) The location of all excavated materials stockpiled on the property. (4) Calculation of volume of excavated material as follows: Cubic yards used on site + Cubic yards removed from site + Cubic yards remaining on site in stockpiles = Total cubic yards excavated during reporting period. bo A certification fo~wn from the project's surveyor/engineer stating that they have visually inspected all dikes around any dewatering storage areas, if any, and have alerted the permittee of any apparent weak spots or failures which shall be promptly corrected by the permittee to assure that there will be no potential for dike rupture that would cause off-site flooding. A certification fo-'"., from the project's surveyor/engineer shall accompany all final completion status reports stating that, based on their observations and surveys, all work on the excavation(s) was completed within reasonably acceptable standards of this division and any special stipulations placed upon the excavation permit. d. If the excavation is incomplete, a written statement by the permittee shall be provided stating the anticipated date of final completion of the excavation.