TR 84-6
lis iff.-iD
NATURAL RESOURCES
OF COLLIER COUNTY
FLOR IDA
(
PART 6
.
DRAFT ORDINANCES FOR PROTECTION
OF COASTAL ECOSYSTEMS
-\RBtf~
1984
(
Research supported in part by the
Florida Department of Environmental Regulation and the
Coastal Zone Management Act of 1972, as amended, Administered by the
Office of Coastal Zone Management, National Oceanic and Atmospheric Administration
C .r 1\.'
~ uu
TECHNICAL REPORTS
NATURAL RESOURCES OF COllIER COUNTY
84-1.
84-2.
84-3.
84-4.
NATURAL RESOURCES MANAGEMENT PLAN
COASTAL BARRIER RESOURCES
COASTAL ESTUARINE RESOURCES
COASTAL ZONE MANAGEMENT UNITS:
Data Inventory and Analysis
COASTAL ZONE MANAGEMENT UNITS: Atlas
DRAFT ORDINANCES FOR PROTECTION OF
COASTAL ECOSYSTEMS
84-5.
84-6.
(
Technical Report No. 84-6
ROBERT HI GORE
PRINCIPAL AUTHOR
MARK A. BENEDICT, PH.D.
Director
ROBERT H. GORE, PH.D.
Coastal Zone Management
Specialist
JUDSON W. HARVEY
Coastal Zone Management
Associate
MAURA E. CURRAN
Coastal Zone Management
Technician
(f)
NATURAL RESOURCES MANAGEMENT DEPARTMENT
(
\-
COLLIER COUNTY GOVERNMENT COMPLEX
3301 TAMIAMI TRAIL EAST
NAPLES. FLORrDA 33942-4977
TABLE OF CONTENTS
Pref ace. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i1
SECTION 1
Introduction.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . 1
SECTION 2
Background. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
SECTION 3
Ordinance Revisions................................................. 12
SECTION 4
Cone Ius ion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,. . . . . . . . . . . . . . . . . 14
APPENDICES
A. Draft Natural Resources Council Ordinance......................15
B. Draft Vegetation Ordinance.....................................30
C. Draft Coastal Construction Control Line Ordinance..............107
(
D. Draft Performance Bond Ordinance.............................. .l64
l
i
PREFACE
Overview
Collier County's coastal zone, defined for administrative purposes as
that area of the County on the Gulf side of U.S. 41 (the Tamiami Trail),
encompasses 328 square miles of coastal barrier, bay, wetland, and
maritime upland habitats. The coastal zone stretches 57 miles from the
northwest to southeast and varies in width from 2 miles at the north
county line, to 12 miles in the vicinity of Marco Island and 8 miles near
the southern county border. Collier Countyls coastal zone, which makes
up 16 percent of the County's total land area, is inhabited by 38,800
people (1980 census), 45 percent of the County's population. An addi-
tional 29,300 people live within 5 miles east of U.S. 41. In total, 79
percent of the countyls population is found within 10 miles of the Gulf
of Mexico.
(
The County's coastal zone is characterized by both developed and undevel-
oped areas. Of the 328 square miles in the coastal zone 67 square miles
(21 percent) are developed. Of the remaining 261 square miles 123 square
miles (37 percent) are undeveloped and preserved as Federal (Everglades
National Park, Rookery Bay National Estuarine Sanctuary), State (Faka-
hatchee Strand. Collier-Seminole, and Delnor-Wiggins State Parks and
Barefoot Beach State Preserve), and County (Tigertail and Clam Pass Beach
Parks) resource management and protection areas. The rema1n1ng 138
square miles (42 percent) are undeveloped and in private ownership.
Unlike most of the rapidly developing counties in South Florida, Collier
County is unique in that the great majority of its coastal zone is still
in its natural state. Hundreds of thousands of acres of coastal barriers,
wetlands, bays, and marine grassbeds are s till relatively undisturbed,
much as they have been for thousands of years. It is these areas that
have made Collier County so aesthetically attractive. If properly
managed they will continue to function in this respect.
(-
Of equal importance, however, are the natural resources of these
undeveloped regions of the coastline areas which are ecologically vital
to both the County and southwest Florida. The coastal barriers, if they
remain unaltered, serve as a first line of defense against the sea.
Storm surge damage, coastal flooding, and erosion of the mainland can be
alleviated or slowed by a functioning, natural system of coastal
barriers. The wetlands, shallow bays. and marine grassbeds are other
important parts of the coastal ecosystem. The mangrove forests (those in
Collier County being some of the largest, undisturbed systems in the
United States and one of the best developed in the world) and associated
marshes provide the organic materials and detritus that form the basis of
the coastal food chain and support the abundant shellfish and finfish
resources of southwest Florida. The unaltered coastal ecosystem not only
functions as a haven for birds, fish, and other wildlife, but may also
provide necessary refuge for those species that have been driven from
adjacent, heavily altered or extirpated coastal systems. The undisturbed
natural systems of Collier County form the keystone for the south Florida
ecosystem. The coastal zone links the estuarine systems of Lee and
Monroe County while the vast, unspoiled eastern area of the County
connects the coastal and interior wetland systems with those of Dade and
Broward Counties.
ii
Almost half of the unaltered coastal zone in Collier County is under the
ownership and/or management of Federal, State, or Local agencies for the
sole purpose of protecting the natural systems. Although this is
grat Hying, it is important to remember that the other half of the
undisturbed coastal area is in private ownership. In addition, both the
private and the managed coastal areas are bounded by uplands that are
either developed or projected for future urban or agricultural dev-
elopment. Activities undertaken in the private areas of the coastal zone
or on adjacent upland property, if not properly planned, could result 1n
the degradation of our remaining undisturbed coastal areas in only a few
decades and the loss of their resources. In a recent position paper R.
A. Livingston wrote that "if history is our guide, one basic problem lies
in public acceptance of almost any level of environmental deterioration
as long as it occurs gradually enough". To safeguard the coastal zone
resources of Collier County from gradual deterioration and to ensure
their continuing function as a vital part of the southwest Florida
ecosystem, positive and direct steps must be taken. Predominant among
these must be the implementation of a program to ensure that all future
land use activities proposed for the coastal zone are designed to be
totally compatible with, or at least not inimical to, the natural
resources and the associated recreation values of the County's un-
disturbed coastal areas.
Collier County Coastal Zone Management Program
(
The coastal zone is one of Collier County's major assets. Abundant
natural resources, ample recreation opportunities, and popularity as a
homesite for many seasonal and full time residents are factors of the
coastal zone well recognized by the Board of County Commissioners, the
County staff, and many local conservation and business groups. For these
reasons the community as a whole has supported past and present coastal
zone management activities in Collier County.
With the support of the Board of County Commissioners and grants from
the Office of Coastal Management, Florida Department of Environmental
Regulation, and the Erosion Control Program, Florida Department of
Natural Resources, the Collier County Natural Resources Management
Department is developing a County Coastal Zone Management Program. A
major goal of this program is the protection of the natural resources of
Collier County's coastal barriers, bays, and wetlands and the management
of coastal development in order to ensure that future land-use activities
will not degrade these resources. The Program is a continuous, multi-
year project involving, research, implementation, and environmental
protection activities. Progress to date includes data incorporated into
the following Technical Reports:
Technical Reports 83-1, 83-2, 83-3
Beach Management Planning and
Implementation Strategies at
the Local Level
The Beach in Collier County: A
Model in Southwest Florida
Drafts plans for beach and
coastal barrier management
in Collier County; describes
major components and imple-
mentation of Collier County
Coastal Zone Management Pro-
gram; identifies Collier
iii
A Resource Management Program for
the Coastal Barriers of Collier
County, Florida
Technical Report 84-1
Natural Resources Management Plan
Technical Reports 84-2, 84-3
Coastal Barrier Resources
Coastal Estuarine Resources
(
Technical Report 84-4, 84-5
Coastal Zone Management Units:
Data Inventory and Analysis
Coastal Zone Management Units:
Atlas
Technical Report 84-6
Draft Ordinances for Protection
of Coastal Ecosystems
l
iv
~... floL", ~___OU
County as a model for beach
management in Florida; pro-
vides background data on
beach resources. dynamics.
and past management activi-
ties;
Sets natural resource goals
and policies for county and
describes how they will
be implemented; highlights
coastal barriers, bays, and
wetlands as areas of special
management concern; delin-
eates the currently undevel-
oped portions of the coastal
zone as a distinct land-use
type requiring careful re-
view prior to any land de-
velopmental or alterational
activities;
Evaluates and analyzes the
current resources and en-
vironmental features of the
county I s coastal barriers
and coastal estuarine areas;
presents data on shoreline
migration, beach and inlet
dynamics, and estuarine eco-
systems; describes manls
presence in the coastal zone
and his current and poten-
tial impacts;
Delineates the coastal zone
of Collier County into dis-
crete management units and
beach segments: compiles
site-specific data on re-
sources and management for
each unit;
Reviews the existing codes
and environmental ordinances
for Collier County in com-
parison to those from other
Floridan counties; drafts
model ordinances covering
resource review, vegetation
standards, coastal construc-
tion activities, and perfor-
mance bonds.
Upcoming Program activities include: (1) The design and implementation
of a development reviev procedure that closely ties the permitting of a
land-use activity, proposed in or adjacent to the currently undeveloped
regions of the coastal zone, to a specific ecological community, its
resource values, and its limiting biological and physical factors. The
procedure will be designed to ensure that only those activities
compatible with habitat values and functions, or designed to minimize
adverse impacts on those values, will be allowed (project funded by
D.E.R. Office of Coastal Management); and (2) The continuation of dune
restoration and protection activities at all County beach parks and
access points. The latter project involves the removal of exotic plant
species, the reconstruction and revegetation of dunes damaged by storm
activity or visitor use, the construction of back dune feeder walkways
and dune crossovers, and the placement of signs and low profile fences to
maintain the restored dunes (project funded by the D.N.R. Erosion Control
Program) . The results of these and other proj ects conducted under the
County Coastal Zone Management Program will be the subj ect of future
Technical Reports prepared by the Natural Resources Management Dep-
artment.
Acknowledgements
(
The Natural Resources Management Department thanks the staff of the
D.E.R. Coastal Management Office and the D.N.R. Erosion Control Program
for the assistance they have given in the development of the Collier
County Coastal Zone Management Program. The Department also acknowledges
the staff of other County agencies and Departments that have provided
technical support to this Program. Special appreciation and gratitude is
expressed to Diane Brubaker, Linda Greenfield, and Margaret Tinney of the
Community Development Division, whose assistance materially aided in the
preparation of these Technical Reports.
\.,.
v
SECTION 1
INTRODUCTION
(
An important end result of a research program assessing or inventorying
a county's natural resources is the creation or revision of local county
ordinances designed to protect those resources. This is especially
important in counties containing within their boundaries large areas of
environmentally sensitive. endangered. or unique lands as well as
biologically and recreationally important coastal areas. Notwithstanding
the so-called "Environmental Movement" of the last decade, it is
surprising how few of the coastal or inland counties in Florida actually
have any type of structured environmental plan. let alone a person or
office that functions in environmental protection. A letter sent to all
the counties in the state of Florida by the Collier County Environmental
Section requesting information on the existence' and extent of local
environmental programs produced a response from 20 out of 67 counties (or
about 33%). Of those counties responding only 11 had any kind of
environmentally-oriented program. either at a beginning level or actively
underway (Table 1). Several counties maintained only "pollution control"
programs and did not actually address various environmental parameters
~~. Others, for example Broward County and Dade County, had an
active environmental assessment program but with an emphasis on pollution
control. St ill other counties. such as Monroe. Indian River and Duval.
had environmental ordinances of varying stringency in the county code.
It is interesting to note that several counties which have been
noteworthy for undergoing either man-made or natural environmental
perturbation in recent years. have not made significant gains in
rectifying the causes nor the effects of such degradation by implementing
firm environmental controls. In addition many counties in which the main
industry is tourism or mining operations were at the same relative level
in having or implementing any type of environmental control or natural
resources program.
As a part of the implementation of the Collier County Coastal Zone
Management Program. a survey was made of numerous Florida counties to
determine the extent and coverage of local Ordinances directed toward
any type of environmental concern. Included in this category were broad
topics such as Water Management. Coastal Construction. Sewage Regu-
lations. Landscaping. and other Ordinances which indirectly addressed
environmental factors. This survey was undertaken as a means of
assessing. on a comparative basis, the Ordinances in Collier County with
those presently implemented in other counties. By excerpt ing the best
parts of the Ordinances under consideration and incorporating them into
revised or totally rewritten Collier County Ordinances. a series of.
"Model Ordinances" were then produced and assessed for completeness and
effectiveness in protecting coastal resources. As a first step, two
Ordinances presently on the books in Collier County were compared with
those in other counties and then rewritten; uiz.
(
'-..
Ordinance 75-21. The Tree Removal Odinance. retitled the Vegetation
Ordinance; Ordinance 75-19. The Coastal Construction Line Ordinance. In
addition two new ordinances were drafted almost de novo; a Performance
Bond Ordinance. and an ordinance creating the Collier County Natural
Resources Council. (See Appendix A-D).
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4
SECTION 2
BACKGROUND
Regardless of the size and type of environmental program, if the
ordinances associated with it are not, or only intermittently, enforced
then to all extents and purposes the environmental program is non-
existent. A reading of the various ordinances associated with county
codes show that many are quite adequate insofar as the matters that they
address. This is not to say that these ordinances are complete in every
detail; they are not. But provided enforcement takes place, and the
ordinances are correctly interpreted, many of these can form a strong
and effective nucleus for many types of environmental protection
activity. A case in point is the Trees and Vegetation Code (Chap.18) of
Monroe County which is quite restrictive and appears to adequately
address the problem of protecting special trees and tree assemblages
within the county. But traveling US 1 through the" Florida Keys one can
see that'the ordinance has not been rigorously enforced in some places,
and in many other areas has been totally ignored. The same can be said
for other coastal counties, in regards to environmental ordinances
addressing coastal construction setback, tree-protection, and the
introduction of exotic species.
{
Although the Environmental Impact Statement Ordinance and the Special
Treatment Regulations of the Zoning Ordinance of Collier County seem
quite effective in their intent to protect natural resources, the County
is, regrettably, not very different from other Florida counties in
effective enforcement of these and other environmental ordinances. It is
true that the County Code has numerous ordinances written to regulate
manls impact on the natural environment, but many of these same
ordinances have been limited or weakened by their "Exemptions" sections.
Perhaps the best example is Ordinance No. 75-21, the "Tree-protection
Ordinance," which attempts to regulate the reD'!oval of mangroves, cypress,
slash pines, and other native trees occurring within the County. This
Ordinance requires tree removal permits and proscribes certain penalties
pertaining thereto, but is greatly limited by the Exceptions Section
(Sec. 2, Article 7 ff) which allows complete removal of any protected
trees including mangroves and cypress from single family lots on which
construction is to take place. In addition, no permit is required for
the clearing of "protected" trees from lands to be utilized for bona
fide agricultural activities, or where a PUD has been approved.
Similarly, the CCCL Ordinance (No. 75-19) is weakened by a condition
that states a variance may be granted
l
"if in the immediate contiguous or adjacent area,
a number of existing structures have established a
reasonably continuous and uniform construction line
closer to the line of mean high water that the line
as herein established, and if said existing
structures have not been unduly affected by
erosion, a proposed structure may be permitted
along such line if such proposed structure is also
approved by the Board of County Commissioners."
These, and other Ordinances in Collier County are partially or completely
ineffective in regards to environmental protection, and will need to be
revised if the naturally dynamic physiographic systems and native
eccs~'''t::'?~s f"".,..,t wi ~hin t'np county rire to be maintained (Table 'n.
r:;
;r:..~_,_y
Table 2. Portions Of Collier County Code ~nich Address Natural Resources
Chapter
5
6~
6~
6 3/4
7
9
Title
Animals
& Fowl
Beaches
Blasting &
Explosives
Boats
Building Code
EIS
Article
II
III
II
II
All
Section II
5-18
5-22
5-27
5-44
5-46
6~- 21
6~-24
6~-3
6~-4
6~-(e)
6~-9
6 3/4-17
6 3/4-18
6 3/4-19
6 3/4-21
7-14
All
I
Subject Matter
Notes
Rabies
Wildlife
Wild Animals
Inhumane Treatment
Wildlife
"zoos"
Definitions;
Equine Infectious
Anemia
Wildlife
as vectors
Prohibited Activities
re horse storage
Zoning and
pasturage
impacts
Public Beach Access
(expecially lines 9-11 "access is
maintained...to preserve and enhance
exisiting natural features"
Public Beach Access to
be Provided by Developers
(Note: Minimum interval 2640 ft;
Minirr.um width 100 ft wide;
See 24(7a,b,c)
(
Permits needed
ST areas protected
Application information Revision needed
Exemptions Revision needed
Limitations & Conditions ST area protections
Definitions
Revision
Areas of enforcement
Revision
Careful & Prudent
Seagrass protectior.
aquatic biota effec
Speed limt
Aquatic wildlife ar
vegetation protectj
Revisions
CCCL: especially
(a,b,c,d,e)
Major revisions needed in part to close
potential or actual loopholes and stream!
process, reduce redundancy and paperwork
6
Table 2. (continued)
Chapter
9~
9~
12
(
l
Title
Excava-
tions
Fish &
Game
Article
II
I
II
Section It
Subject Matter
9~-13
No excavation w/o
permits
9~-14
Definitions
9~-15
Exemptions
9~-16
Notes
ST protection
1 ft deep, 10
Revision of
(c.d.e,f.g,h)
Commercial Permits esp. amount of fill remo'
from property greater than 43560 sq. ft or
sq. Acre; revision needed). Water Managemenl
Advisory Board .(WMAB) MUST review
9~-17
General Requirements
9~-18
Review
Excavating Stipulations Review required
9~-19 Inspection & Reporting Revise?
Note: WMAB or NRC MUST review all these sections to
determine applicability to ST or EIS
12-1
Spearfishing prohibited No change
12-2
Net fishing prohibited
Tamiami Canal
12-3
No change; add
seagrass areas
Light Fishing prohibited No change
12-4
No netting of menhaden
in 3 marine lagoons
12-6
Lake Trafford prohibi
tions
12-7
No capture/transporta-
tion porpoises
12-8
Fish introductions
prohibited
12-17
Definition of Reser-
vations
12-18
No nets in reserved
areas
7
No change;
expand covered area
No change; add lIany
marine mammals.
fishes. invertebrat
Revise wording.
spelling; add Irany
marine. brackish,
fresh water verte-
brates or inverte-
brateslr
No change; add "no
capture methods of
any kindlr
Table 2. (continued)
Chapter
12~
13
18
22
24
25
26~
Title
Ar tic1e
Flood All
Prevention
Garbage, I
Trash,
Waste
Marine
Improvements
Janes Memorial
Scenic Drive
Section /I
All
13-1
13-2
13-4
13-5
13-7
18-1
18-3
22-1
(see next chapter of code)
Roads, I II
Bridges,
Parks
IV
Salinity
Line
Sewer II
District
24-44
24-60(e,f,O)
25-1
25-2
25-3
25-4
26~-17
26~-19
26~-2l
26~-22
Subject Matter
Notes
Especially Article II dealing with construct
stipulations. Revise
Definitions
Dumping
Composting & burying
Burning
Public Nuisances; Fire
and health hazards
Ship cannel dredging
Expand
ST area protection
As above
As above and for ai
pollution
As above, and groun
water polution
Revise
Condemnation of lands Close loopholes
by BCC for dredge & fill
Overnight camping pro-
hibited
Destruction of flora
& fauna on Collier
Scenic Drive
Prohibited Acts
Definit ion
Establishment & Limits
No canals or other
Excavations across S%.
line w/o permit
Permit stipulations
Connections required
Connections enforced
Unlawful connections
Old plumbing connections II
8
Add other
re biota,
etc.
restricti
hunting,
(
Add Janes Memorial
Drive
Plant removal(e);
water pollution(f);
ORV driving(o).
Reword
Possible expansion
Strengthen wording
As above
ST protection
"
II
II
"
(
II
Table 2. (continued)
Chapter
30
30~
(
~
Title
Traffic
Trees &
Shrubs
Article
I
I
II
Section II
Subject Matter Notes
Mandatory sewer/septic
tank II
Disposal only by we II
No septic tank if sewer
less than 200 ft nearby II
II
26~-23
"
26~-24
II
26!Z-25
26~-26 Systems maintenance "
(Note: Add drainage restrictions for septic tanks
in ST and estuarine areas re water pollution)
"
30-1
Unlawful to drive on or
destroy beach or dunes Reword and strengtr
30!z-1
No transport of exotic Reword
trees and shrubs through
County
30!z-16
Cypress, slash pine &
mangrove protection
Revise and strength
30~-17
Specimen tree defined
Add black mangrove
and other native tr
30~-18
No removal of protected
Trees
Add all above
[Regardless]
30~-19
Permit stipulations
. (NB: 30~-l9 (c4,a)
(c5) (c6) all need
Substantial revisic
in part or in whole
30!z-22
(a3): Strike "Flori
Holly")
(bl,3)): Revise
completely
(c): Revise
(f): Delete entire]
redo
(g): Reword
(h) : Reword
9
Table 2. (concluded)
Chapter
3l~
32
Title
Water
Mgmt
We 11 s
Ar ticle
I
II
All
Section /I
3l~-1
3l~-2
3l~-3
3l~-4
3l~-5
3l~-7
3l~-1l
3l~-12
3l~-13
31~-14
31~-15
3l~-16
3l~-17-44
All
Subject Matter
Purpose
BCC jurisdiction
Power and duties
Definitions
WMAB duties
City of Naples water/
irrigation use
Permit stipulations,
Exceptions
Permit standards
Permit stipulations in
Water Mgmt No. 7
Competition/Regulation
for water sources
Duration
Modification/removal/
transfer or permits
Permit revocation to
emergencies measures
Notes
Address
Revise
Revise
Expand
Incorporate NRC
Revise, reword
close loopholes
Address, revise
Address
Address
Revise
Reword
Address
Revise, reword
and delete portionE
Control of or any removal or injection of
subsurface materials of any kind (including
water, petroleum, chemical or radwaste) shol
be Strictly Regulated by NRC. This ordinanc
is very weak in this regard. Included shou]
be mining and mineral or mimeral-like
substance, removal, injection, burying, etc.
10
(
There are several ways to deal with ineffective or weak Ordinances.
One, of course, is to totally rewrite each ordinance, incorporating the
various restrictions that would protect the environmental parameters
considered critical. This method is often time consuming, laborious,
and subject to much delay before adoption and implementation. A second
method is to leave the present ordinance on the books and not revoke it,
but incorporate a series of amendments instead. This procedure has the
advantage of deleting or modifying only certain portions of the ordinance
while retaining those other parts which have been shown to be effective.
Although seemingly an easier process to undertake there is a major
drawback. Often in the emendation the older ordinance may become
weakened by deletions as it passes through the public hearing process, or
it may have so many exemptions attached as to render the new ordinance
less effectual than the one it is supposed to replace. A third method is
to bypass ineffectual portions of an existing ordinance by adopting a
strong and restrictive ordinance on a related subject which, by virtue of
its implementation, effectively bolsters the weaker ordinance or plugs
the various loopholes from the outside, rather than from within. An
example of this type of method would be a Performance Bond Ordinance
which would stipulate all the environmental factors which must be
considered, how they are to be protected, and what the cost will be in
actual monetary terms should they be endangered, injured or destroyed.
In this case, the burden of enforcing compliance is removed from the
various zoning, building or regulating departments and placed directly on
the developer, land owner or other agent. These persons must post bond
of a specified amount of money, usually prorated according to the type of
environmental degradation or destruction that could occur if the agents
are negligent. If no such damage takes place, or is minimal according to
the best judgement of the regulating department, then the bond is not
forfeited; if environmental damage does occur, some or all of the bond is
forfeited and applied toward rehabilitation or mitigation of the affected
areas. This type of ordinance has the added caveat of clearly spelling
out the monetary penalties which will be incurred should the agents fail
to meet any performance standards, so that "after-the-fact" violations
and subsequent requests for variances or exemptions cannot be employed.
Such an ordinance is also easier to emend without a laborious rewriting
in that bond amounts may be adjusted to reflect inflation or other
changed costs that might accrue in environmental restoration or
maintenance.
(~ .
II
SECTION 3
ORDINANCE REVISIONS
In the following section four new Ordinances are presented that address
Vegetation, Coastal Construction Control, Performance Bonds, and the
establishment of a Natural Resources Council for Collier County. It
must be noted that each ordinance is In draft form and has not yet
undergone the critical final review by county staff and the public
workshops required prior to adoption.
Ranked by precedence, but not by priority, the Natural Resources Council
Ordinance (Appendix A) forms a logical precursor to the rema1n1ng
Ordinances in that it establishes clear procedures and guidelines for
maintenance of sound environmental decisions. Because Collier County
ecosystems are not only complex, but in many cases unique compared to
those in other parts of the State, it is necessar'y to first provide a
framework and guiding body which will administer and sanction activities
which impinge on these ecosystems.
Next in precedence is the Vegetation Ordinance (Appendix B). Collier
County, as many of its sister counties in the subtropical-tropical
regions of Florida, supports a diverse and richly speciose vegetational
biome comprised of numerous maj or and subsidiary ecosytems and plant
assemblages. Much of the South Florida biome has been irrevocably
altered by man, and more is in the process of being modified or
destroyed. Because the general amenities of life in Collier County (and (
several other counties) depends on plant cover, it becomes mandatory to
establish clear, consistent, and strongly restrictive guidelines for
proper management of the native vegetation. Collier County can ill
afford to allow the continuing destruction of many of its major
vegetational assemblages, even though such assemblages are not
necessarily considered endangered owing to their widespread distribution
and numerical abundance. In the process of development within the
County, large areas have been totally cleared, and, as a more important
consequence, adj acent areas which are dependent to some extent on the
entire ecosystem complex, have been severely af fected. For example,
clearing 50-100 acres of pine barren uplands for a vegatable truck farm
not only eliminates that particular ecosystem, but also severely perturbs
adjacent cypress domes which may be tied to the pine barren system via
nutrient flow, water retention or runoff, and other microsystem factors.
Once such patterns are disturbed or eradicated in adj acent areas, the
ancillary ecosystems often enter a slow, but terminal, state of decline.
This decline is a result of well documented and clearly recognized
parameters associated with the ecological concepts of succession, climax,
senescence ancd decline. The concept of selectively prohibiting
developmental activity in one part of the ecosystem, while allowing
unrestricted development or modification in another, can thus no longer
be supported scientifically or economically. It is now becoming
increasingly apparent in South Florida that to perturb one system is to
perturb them all. Leaving mangrove forests inviolate, but eradicating
the upland sand pine communities will eventually lead to degradation
within the mangrove system. In effect, previous developmental procedures
and policies have been to isolate, however unwittingly, such systems and
allow them to continue on their own while at the same time severing the
ties such systems have to upland biotopes.
, ?
Third in order of precedence is the revision of the Coastal Construction
Control Line (CCCL) Ordinance (Appendix C). The State of Florida has
mandated restriction on development seaward of the State-established
construction control line. In 1975 Collier County adopted the State
Control Line and passed an ordinance setting up a local CCCL variance
procedure. However, development can and does continue seaward of such
lines because of grandfather clauses. lenient permitting procedures,
local variances and other exemptions. The revision of this Ordinance
thus has a twofold purpose: first. to strengthen the Ordinance and
prevent or severely restrict development of any kind seaward of the CCCL;
and second, to ensure the public safety.
(
Collier County beaches are subject to both erosion and accretion.
Therefore. shorelines configurations presently in existence are not
necessarily guaranteed to remain unchanged in the future. By restricting
or prohibiting development activities that interrupt or interfere with
natural sand budgets and current depositional pro~esses. the presently
existing beaches may be preserved for use of the general public.
Moreover, because Collier County can be subject to severe tropical
weather disturbances, hurricanes, and autumnal northeasters, all of its
coastal land can undergo rapid alteration. As a simple matter of public
safety, and to prevent the land owners themselves from being harmed (even
though they do often not see this procedure as a means for their
protection) all coastal construction should be carfully controlled or
restricted. In addition, rebuilding after maj or erosional or storm-
related destruction should be storngly discouraged or prohibited in those
areas which are subject to repeated coastal erosion and/or flooding. It
also makes no sense from an economic standpoint to clean up a beachfront
area of storm debris ( a cost borne by private, local, state. and federal
entities), and then rebuild in the same spot knowing that repeated
destruction is probable. The CCCL Ordinance addresses these and other
concerns in an attempt to provide fair, but encompassing guidelines for
coastal barrier development.
Finally. the Performance Bond Ordinance (Appendix D) is, quite simply. a
monetary weapon. By mandating a given dollar figure. posted as a
Performance Bond, development can be controlled along the required
guidelines. As noted in the Background section this method approaches
the problems of ensuring careful development, and minimizing environ-
mental degradation or destruction, from an other direction. Not only is
development to be regulated within the ecosystem, for example through
Vegetation and CCCL Ordinances. but it also is controlled from outside
the system by imposed monetary conditions. Moreover. some assurance
is provided for mitigational and restorative action where such
destruction does occur because it is paid for out of the monies forfeited
in such bonds. On the other hand. a developer who carefully follows the
guidelines of any of the revised Ordinances discussed herein. or any
future Ordinances so revised. need have no fear of forfeiting his bond,
or having his developmental permits denied. suspended or revised.
"---
l3
_"'I'''' __.r!ll.PO~I..~
SECTION 4
CONCLUSION
With the rapid population increase and growth of Collier County. these
Ordinances will form a cornerstone for sound environmental management.
None are written to explicitly deny growth or development. but all are
written to guide it. However inevitable such growth and development may
be in Collier County. it need not and should not occur at the expense or
loss of those very qualities that attract people to the County in the
first place. It is not too late to save or carefully manage these
natural amenities. However, some re-education and revision of older.
"hard-core" developmental philosophies is also inevitable. If such does
not occur, the consequences, glaringly evident along the southeastern and
upper northwestern coasts of the State. will also soon become apparent
here.
(
TR-84-6
1 A
APPENDIX A
DRAFT NATURAL RESOURCES COUNCIL ORDINANCE
(
\
AN ORDINANCE ESTABLISHING THE COLLIER COUNTY NATURAL
RESOURCES COUNCIL (NRC) BY THE MERGER OF THE COLLIER
COUNTY ENVIRONMENTAL ADVISORY COUNCIL (EAC) AND THE
WATER MANAGEMENT ADVISORY BOARD (WMAB), TO ENSURE THE
OPTIMUM BENEFICIAL USE, MANAGEMENT, CONSERVATION AND
PROTECTION OF THE LAND, WATER, AIR, BIOLOGICAL,
MINERAL, AND PETROLEUM RESOURCES OF COLLIER COUNTY;
PROVIDING DEFINITIONS; PROVIDING MEANS FOR THE
REGULATION AND CONTROL OF ANY ACTIVITIES PERTAINING
TO SUCH RESOURCES; ESTABLISHING THE AUTHORITY,
RESPONSIBILITIES, JURISDICTION, MEMBERSHIP,
PROCEEDINGS, AND LIMITS OF POWERS OF THE NRC;
PROVIDING STIPULATIONS AND REQUIREMENTS FOR
PETITIONS, VARIANCES, ~~ OBTAINING OF PERMITS
RELATING TO ANY ACTIVITY UTILIZING, OR DIRECTLY OR
INDIRECTLY AFFECTING, ANY OR ALL OF THE NATURAL
RESOURCES WITHIN THE GEOGRAPHIC, GEOLOGICAL,
HYDROLOGICAL AND ATMOSPHERIC BOUNDARIES OF COLLIER
COUNTY; PROVIDING A LISTING OF PROJECTS SUBJECT TO
REVIEW BY, OR FALLING UNDER THE AUTHORITY OR
JURISDICTION OR POWERS OF THE NRC; PRESENTING
GUIDELINES FOR THE APPOINTMENT OF COUNCIL MEMBERS AND
THE SUBMISS ION OF PROPOSALS OR PROJECTS BEFORE THE
COUNCIL; AND PROVIDING FOR, OR DETAILING, EXCEPTIONS
ENTAILING THE USE OF, OR AFFECTING ANY NATURAL
RESOURCE OF COLLIER COUNTY.
WHEREAS, the Board of County Commissioners created the Environmental
Advisory Council and the Water Management Advisory Board to review
proposed projects and to advise the Board on the impacts of such projects
on the land and water resources and environmental quality of Collier
County; and
WHEREAS, the Environmental Advisory Council and the Water
Management Advisory Board exhibit overlapping areas of responsibilities
because they are both directed to advise the Board on matters affecting
the conservation and maintenance of the County's natural resources; and
WHEREAS, the existence of two advisory boards, one to review
l
environmental quality matters, the other to review water management
mat ters, creates an unnecessary duplication in closely related
natural resource functions and features; and
15
WHEREAS, the merger of the two advisory boards into one Natural
Resources Advisory Council would eliminate both the fragmentation of
county natural resource review and the unnecessary duplication involved
in the presentation of projects to members of both advisory boards;
NOW, THEREFORE, be it ordained by the Board of County Commissioners
of Collier County, Florida, that:
SECTION ONE:
PURPOSE
The purpose of this ordinance is to establish the Natural
Resources Council of Collier County, Florida to ensure the
optimum beneficial use, conservation, protection, and
management of the atmospheric, terrestrial, hydrological, and
biological resources of the County in the best interests of
the public in regard to the health, safety, and welfare of the
same, and to prevent the depletion, deterioration, waste,
pollution, biological extirpation, endangerment or extinction,
and unreasonable or harmful or detrimental useage of any or
all such named resources wi thin the geographic, geological.
hydrological and atmospheric boundaries of Collier County. and r
to further carry out the intents and purposes of Collier
Countyls land. water, and air resource ordinances.
SECTION TWO:
THE NATURAL RESOUCES COUNCIL; ESTABLISHMENT; POWERS AND
DUTIES
2.01
Estabishment of Natural Resources Council
There is hereby established "The Natural Resources Council"
which shall herein be referred to as NRC.
2.02
Abolishment of the L~C and WMAB
The Environmental Advisory Council and the Water Management
Advisory Board of Collier County are hereby abolished.
2.03
Scope of Jurisdiction
The NRC obtains its jurisdiction. powers. and limits of
authority from the Board of County Commissioners and, pursuant
to this ordinance, shall act in an advisory capacity to the
Board in all matters dealing with the regulation. control,
management, use or exploitation of any or all natural resources
of or within Collier County. as hereinafter defined.
16
2.04
(
2.05
2.06
~
Powers and Duties
The powers and duties of the NRC are as follows:
1. To review land and water projects in order to evaluate
their potential impact on the environmental quality and
natural resources of Collier County;
2. To identify, study, evaluate, and provide recommendations
to the Board of County Commissioners on programs (e.g.
research projects, organizational modifications,
jurisdictional authority, and legal requirements) necessary
for the conservation and management of land, water, and
air resources and environmental quality in Collier County;
3. To review and to forward recommendations to the Board of
County Commissioners regarding violations of the County's
environmental and water management ordinances and
policies.
4. To act as the Ers Appeal Board pursuant to Collier County
Ordinance No. 77-66.
5. To utilize those powers and duties necessary to
accomplish the above functions.
Initial Membership
The NRC shall be formed by the merger of the current member-
ships of the Environmental Advisory Council (EAC) and the Water
Management Advisory Board (WMAB). Its initial membership shall
comprise the ten (0) members serving on the EAC and l>.1MAB
before their respective abolishment. No later than January l,
1987, due to the completion of terms and/or resignation of any
members, the NRC shall assume its final composition of seven
(7) members appointed according to the criteria listed in
Paragraph 2.07. Membership on the NRC shall be based on
specific appointment by the Board of County Commissioners after
recommendation of appropriate candidates by the present NRC
membership and the general public.
Criteria For The Selection Of Members
Council members should be selected so that the NRC will have
the following composition:
Five (5) members should have local expertise distributed among
the following disciplines Biology (Botany or Zoology),
Ecology, Hydrology/Geology, Environmental Science (i.e.
pollution biology, chemistry, air and water quality), En-
gineering (Florida registered, with experience in site
development), and Marine/Estuarine Science;
17
Two (2) members of the Council should be lay people, as
defined in this ordinance.
2.07 Terms of Office
The terms of office for an NRC member shall commence on January
1st and shall be for four (4) years. Terms shall be staggered
so that not more than a minority of such members' appointments
shall expire in anyone (1) year. A member may be reapppointed
for one succussive term by the Board.
2.08 Absenteeism
Since attendance at NRC meetings is the major duty of
appointed members and is necessary to c~rry out the function
of the NRC, any member missing three meetings in a six month
period without notifying the NRC staff at least two days prior
to the scheduled meeting shall be dismissed from the Council.
SECTION THREE: COUNCIL OFFICERS AND SUPPORT STAFF
3.01 Officers
The officers of the NRC shall be a chairman and a vice-
chairman.
A. Chairman
The Chairman shall preside at all meetings of the NRC. At each
meeting the Chairman shall submit such recommendations and
information as he may consider proper concerning the business,
affairs, and policies of the NRC. The Chairman shall conduct
all meetings in general accordance with Rules of Order, except
as may be otherwise provided for herein.
B. Vice-Chairman
The Vice-Chairman shall perform the duties of the chairman in
the absence or incapacity of the Chairman. In case of the
resignation or death of the Chairman, the Vice-Chairman shall
perform such duties as are imposed on the Chairman until such
time as the NRC shall elect a new Chairman.
C. Election
The Chairman and Vice-Chairman shall be elected
organizational meeting and thereafter at the first
meeting of the NRC in January of each year.
at the
regular
D. Vacancies
Should the offices of Chairman and/or Vice-Chairman become
vacant, the NRC shall elect a successor from its membership at
l8
3.02
3.03
the next regular meeting. Such election shall be for the
unexpired term of said office. When a vacancy arises in the
general membership of the NRC, the Board of County Commi-
ssioners shall appoint, after considering the recommendations
of the NRC, and the general public, a new member to fill the
unexpired term according to the criteria listed in paragraph
2.07 with preference toward achieving a uniform distribution of
the fields of expertise.
Support Staff
Professional staff support for the NRC shall come from the
County Environmentalist, the Water Management Director, the
Zoning Department's Planner III, and such other County staff
either from the above named departments or elsewhere within the
County Government as shall, from time to ,time, be requested by
the NRC and deemed necessary by the County Manager.
Adjunct Support Staff
Where local experts, not on County staff, are available to
advise the NRC, such experts may be appointed by the Board of
County Commissioners or the County Manager as adjunct support
s t af f .
(
4.01
SECTION FOUR: MEETINGS
4.02
4.03
4.04
l_
Regular Meetings
Regular meetings of the NRC shall be held on the 2nd Wednesday
of each month at 9:00 A.M. in the Commissioner's Meeting Room,
3rd Floor, Building "F", Courthouse Complex, Collier County,
Florida.
Special Meetings
Special meetings of the NRC may be called by the Chairman or by
a majority of the membership. Such meetings may be called to
reduce an overloaded agenda, to consider a specific topic, or
to hear a petition due to an extreme hardship.
Quorum
A simple majority of the appointed members of the NRC shall
consitute a quorum for the purpose of conducting business.
Order Of Business
At the regular meetings of the NRC, the following shall be the
order of business:
1)
2)
3)
Roll Call
Approval of the Minutes of Previous Meeting
Staff Reports
19
4.05
4.06
4) Public Hearings
5) Old Business
6) New Business
7) Adjournment
8) Workshop Session (if applicable)
Projects shall come before the NRC as scheduled on the printed
agenda unless a specific request arises which justifies
deviation.
Presentation Of Agenda Items
Agenda items shall be presented by the petitioner or their
representative.
Manner Of Voting
The voting on all questions coming before the NRC shall be by
voice vote, unless roll call vote is requested by a member,
and the ayes and nays shall be entered upon the minutes of such
meetings, except on the election of officers which may be by
ballot. All members, including the Chairman, shall vote on
every question unless they disqualify themselves for reasons of
possible conflict of interest. Any member disqualifying
themselves from voting because of possible conflict of interest
shall, after establishing a quorum for the purposes of
conducting NRC business, physically remove themselves from (
the NRC prior to any discussion of the item. A simple majority
shall decide all votes.
4.07 Record Of Proceedings
Minutes of all meetings of the NRC shall be recorded and
maintained in an acceptable format by the Clerk of the Board.
SECTION FIVE: SCOPE OF PROJECT REVIEW; SUBMISSION REQUIREMENTS
5.01 Types Of Projects To Be Reviewed
All projects, petitions, applications, plans or activities
which are or may be included in the following categories shall
be reviewed by the NRC.
A. Rezoning petitions
B. Provisional use petitions
C. Platting of lands
D. Permits for wells which are in excess of two inches in
diameter
E. Vacations or relocations of easements and portions of
plats
20
F.
G.
,-
H.
I.
J.
K.
L.
M.
N.
O.
(
Bulkhead line applications
Excavations and borrow pits
Dredge and fill permits
Coastal Construction Control Line variances
Conceptual water management plans and master drainage plans
Dock, pier and boat house petitions
ST permits other than those involving single family
residences
Revisions or drafts of pertinent local and state le-
gislation
Projects referred by the Board of County Commissioners
Projects brought forward at the discretion of the County
Environmentalist and/or Water Management Director because
of their impact on the land, water, or air resources of
Collier County.
P.
Any permitting or land use activity regulated by Collier
County which is not covered above, but which involves
lands designated in the Comprehensive Plan as Coastal
Resource Management and Recreation Areas.
5.02 Adminstrative Review Of Projects, Activities, etc.
5.03
(
'-
Any project or activity set forth in subsections 5.0l and
which is deemed by the County Environmentalist and the Water
Management Director to have negligible or minor impacts on one
or several of the natural resources of Collier County may be
handled administratively by staff. However, a list of all such
projects or activities approved in this manner shall be
included in the agenda for the following meeting of the NRC.
Any NRC member may question the handling or approval of such
projects if they deem it to be determental to anyone or
several of the County's natural resources.
Pre-Application Conference
It is hereby declared to be the policy of the NRC to encourage
all applicants who plan to bring a petition or project before
the NRC to meet with the County Environmentalist and/or the
Water Management Director, or their or respective designees,
prior to submitting a formal application for NRC review.
2l
__-lItnlllWlMlf."'"
5.04
Submission Requirements
A.
Twelve (12) copies of the following information shall be
submitted along with the application. All applications must be
submitted following standardized NRC format. The County
Environmentalist, in conjunction with the Water Management
Director, shall more particularly define the extent of
application requirements needed for a specific development
project during the pre-application conference.
1. General Information
a. Name of Project.
b. Legal description of the property including linear
dimensions.
c. Name, address. and telephone number of the owner or
owners of record.
d. Name, address, and telephone number of the applicant
and firm they represent if applicable.
e.
Name, address, signature, qualifications, and regis-
tration. if appropriate. of the planner, architect,
professional engineer, environmental consultant,
landscape architect, and other professionals providing
the information contained in the application.
(
f. Information on any abutting development and/or land
use type according to the current issue of the
Florida Land Use and Cover Classification System
(e. g. properties, buildings, water and sewer lines,
well fields. sewage treatment facilities, wetlands,
and beaches).
g. Information on the existence of known potable water
sources on or adjacent to the proposed site.
h. List of names and addresses of abutting property
owners.
2. Existing Site Information
The following existing site information shall be
submitted. specifying the source of the data or
materials. Existing site information graphics may be
combined into composite sheets provided that all required
information is clearly indicated thereon.
a. Vicinity map (with all relevant information such as
property lines, roads, etc.) clearly showing relation
of site to the surrounding parcels.
22
b. Aerial photograph of site clearly showing site
boundaries, source, and date.
c. An appropriately scaled plot plan showing linear
dimensions and area (acres or square feet) of all
wetlands on site, elevation and contour data, soil
characteristics, location in natural drainage basin
or water management district and average seasonal
distance to ground water. **
3. Description of Proposed Activity
A description of the proposed activity, specify the
following, shall be submitted. Items (d), (e) and (f)
shall be drawn to the same scale as item (2) (c) above.
a. Detailed description of the proposed activity.
b. Statement giving reason, in full detail, for the
requested project, improvement, change, modification,
relocation, vacation, etc.
c. Explanation of the proposed work schedule for the
activity.
d.
Site plan of appropriate scale, having date and north
arrow, indicating location and dimensions of proposed
activity. and indicating setback from existing
structures, water management features, natural water
bodies, and major vegetation features.
(
e. Water management plan.
f. Sufficient construction detail (cross-sections,
structural plans etc.) and site clearing/ alteration
plans to enable both County staff and the KRC to
evaluate the project. Plans must be signed and
sealed by a Florida Registered Engineer (P.E.),
and/or a Surveyor (P.L.S.).
g. Proposals for potable water and sewage treatment.
h. Statement describing impact or interference with
existing water flow characteristics and the general
water management aspects of the area.
i. Statement describing general impact of the project on
the area's natural resources (including wetlands) and
a listing of anticipated, irreversible environmental
losses.
l
4.
County Environmental Impact Statment (EIS) where
required by Ordinance 77-66.
23
5. Additional activity-specific data (e.g. data required
for CCCL variance) as required in existing County
Natural Resources and Water Management Ordinances.
B. ~~ere required information and materials are contained in other
permit/petition submissions to the County (e. g. Zoning
Department Rezoning and Provisional Use applications), State
(e.g. D.E.R. Dredge and Fill applications, S.F.W.M.D.
Conceptual Water Management Plans), or Federal (e.g. Army Corps
Dredge and Fill applications) review agencies, the NRC
petitioner may submit these applications in lieu of the above
mentioned submission requirements. However, the County
Environmentalist and Water Management Director shall at all
times, have the authority to require that such materials be
supplemented to provide additional information as specified in
this section.
C. NRC retains the right to evaluate the qualifications of the
persons supplying required natural resources information and,
if necessary, to refuse to consider materials supplied by
persons not deemed competent in that field; therefore the
applicant is advised to consult with the County Environ-
mentalist and/or the Water Management Director as to the
acceptability of their intended natural resources consultant.
D. In addition to the submission of all application materials, the
petitioner shall be required to cooperate, whenever possible,
in providing access to the proposed site for the appropriate
County review staff.
SECTION SIX: SCHEDULING OF AGENDA ITEMS
6.01 Applications for inclusion on the agenda of the NRC, along with
all required supporting materials, shall be submitted no later
than thirty (30) days prior to a scheduled meeting date. Only
those applications prepared in full and accompanied by all the
required materials will be considered for review and inclusion
on the upcoming agenda. Once logged in and checked for complete-
ness, a copy of the application and all supporting materials will be
forwarded the County Environmentalist and the Water Management
Director for their review. Ten (0) days prior to the requested
hearing date, staff reviewed items will be placed on the agenda for
the forthcoming meeting and all scheduled applicants shall be so
not if ied.
6.02 Prior to the meet ing, s taf f shall prepare an agenda package to be
sent to all NRC members in time to allow, at a minimum, one week
for their review. This package will contain all information rele-
vant to that meeting including, but not limited to, all information
provided by the petitioner, staff comments, citizen responses, and
any other information related to the operation of the NRC meeting.
24
6.03 Following the meeting of the NRC, staff will prepare a memorandum
sununarizing the NRC recommendations on each agenda item. Each
memorandum will be forwarded to the appropriate County office for
inclusion in their submission to the Board of County Commissioners
for final project review.
SECTION SEVEN: LIBERAL CONSTRUCTION
The provisions of this Ordinance shall be liberally construed to
effectively carry out its purpose in the interest of the public
health, safety, welfare and convenience.
SECTION EIGHT: DEFINITIONS
A. Acceptable Environmental Alteration: Any proposed site alteration
or development that safeguards the environmental quality of the
subject area or adjoining or interrelated regions.
B. Access: The granting of permission to enter the project on
specifically requested dates and shall include reasonable assistance
in preparation for these visits such as provision of gate keys/
combinations if visit is not attended by applicant and, where
feasible, on-site transportation.
C.
Area of Environmental Sensitivity: An area where environmental
quality may be highly susceptible to degradation and where
alteration may cause predictable losses of natural resources.
(
D. Atmospheric Resources: The quality of air over the geographical,
terrestrial and hydrological boundaries of Collier County based on
a standard of quality as determined by acceptable and scientifi-
cally recognized means, e. g. State or Federal Governmental
Agency Air Quality Index.
E. Biological Resources: Any living plant, animal or other member of
the indigenous Floridan biota, as well as any assemblage, grouping,
community, colony, school, flock or pod, or any particular single
taxonomic species or subspecies. whether individually or as part of
a recognized ecosystem in the terrestrial, arboreal, subterranean,
anchialine, and fresh, brackish, and marine waters within or in the
contiguous coastal or geological boundaries of Collier County,
Florida.
F. Board, Water Management Advisory (WMAB): The Board established by
the Board of County Commissioners to conduct hearings on permit
applications in relation to Water Management, and to make
recommendations to the Board for approval or denial, and for
investigations, studies, and capital improvements to carry out the
public interest, aims and purposes of Ordinance No. 74-50.
l
G.
Board: The Board of County Commissioners of Collier County.
Florida.
25
H. Boundaries, Atmospheric: All the atmosphere above the geographical
limits of Collier County, including coastal waters to a distance of
20 miles offshore in the Gulf of Mexico and Florida Bay.
I. Boundaries, Geographic: The delimited county lines and extending
offshore into the Gulf of Mexico and Florida Bay for a distance of
20 miles, and to include, for purposes of jurisdiction but not
development or alteration, all waters above and the sea floor
thereof, in these offshore regions.
J. Boundaries, Geological: All subterranean or subsurface lands,
geological formations, associated aquifers or watercourses, whether
confined or unconfined, artesian or nonflowing, and all contained
hydrological, mineralogical and petroleum resources within such
boundary areas to a depth of 20 miles.
K. Boundaries, Hydrological: All areas of fresh, brackish or marine
waters adjacent to, abutting, or contiguous to the terrestrial
limits of Collier County, including for purposes of jurisdiction all
waters above the sea floor for a distance of 20 miles westward into
the Gulf of Mexico, and 20 miles southward into Florida Bay, from
the landward borders of the county, and which offshore areas may,
insofar as such limits do not infringe on State or Federal
jurisdictional areas or limits, be considered part of Collier
County, as well as all subsurface water-bearing formations down to,
and including or associated with the Floridan Aquifer (or Tampa
Limestone Geological Formation) within the geographic and
geological limits of the county as so defined.
1. Bulkhead Line: A fixed line established in or along the Gulf of
Mexico, a river, watercourse, or other body of water in order to
fix or establish the maximum distance from the shoreline within
which filling may be permitted and bulkheads constructed.
M.
Conservation: Those
destructive use of
concerned with any of
zation, substitution,
measures designed to avoid the wastefull or
a natural resource. These measures are
all of the following: restoration, reutili-
allocation, beneficiation and preservation.
N. Development: Development shall mean the act, process, or result
of placing buildings and/or structures on a lot or parcel of land.
O. Development Plan: A graphic representation along with supportive
information and data depicting the intended development.
P. Council, Environmental Advisory (EAC): The Council established by
the Board of County Commissioners and charged with determinations
regarding biological, hydrological. and geological matters as
pertains to the Big Cypress Watershed.
Q. Environmental Quality: The character or degree of excellence in
the essential resources and nature of an area or community as
determined by acceptable scientific measures of physical, chemical
and biological conditions.
26
(
(-
R. Expertise: Skill in a particular field which is derived from
training and experience at levels commensurate with those required
by Collier County for the submission of projects for review.
S. Hydrological Resources: Any and all naturally or artificially
contained bodies of water, whether standing, flowing, seeping,
emergent or submergent, or as reservoirs, impoundments or other
accumulations, whether surface, shallow subsurface, or deep subter-
ranean, as ground water, artesian, or non-flowing wells, springs,
seeps, or other geologically-associated or formed water emissions,
as well as all ponds, lakes, rivers, creeks, tributaries, shallow
sheetflows, strands, sloughs. wet prairie areas, bights, and all
embayments, lagoons whether formed by coastal barrier islands or
mangrove strands or islands, as well as all contiguous brackish and
marine waters of the Gulf of Mexico, Florida Bay, and its associ-
ated embayements forming an integral par of the landward margin
of Collier County.
T. Irreversible Environmental Loss: Loss of cultural features such as
archeological or historical sites, preclusion of development of
underground mineral resources, loss of critical habitat for rare or
endangered plants and animals and changes in land use which result
in loss of function.
U.
Legal Description: Metes and Bounds description with a written
statement regarding its accuracy or conformity to specified
standards signed by a registered surveyor licensed in the State of
Florida.
V. Lay People: A person who does not have expertise in the
disciplines listed in paragraph 2.07.
W. Land Use: Level IV of the current revision of the Land Use, Cover
and Forms Classification System of the Remote Sensing Center, State
of Florida Topographic Office, Department of Transportation.
X. Major Vegetation Associations: Synonymous with "Land Use".
Y. Natural Resources: Deposits of minerals, water or other materials
furnished by nature.
Z. Registration: As currently defined by chapter 481 F .A.C. for any
regulated profession (e.g. surveyors, architects. engineers) and
as defined in connection with any future ordinances of Collier
county regulating the professions listed in this ordinance.
M. Resume: An account of the career of each of the contributing
professionals giving their education and their experience.
BB. Site Alteration: Any modification. change or transformation of any
portion of a lot or parcel of land including but not limited to the
removal, displacement or relocation of trees, plants and vegeta-
tion; the addition, disturbance. or removal of earth materials;
27
the creation, retention, or relocation of drainage courses or water
areas.
CC. Site Alteration Plan: A graphic representation along with suppor-
tive information and data depicting the intended site alterations.
DD. Terrestrial Resources: Any and all natural or artificial resources
conventionally associated with the terrestrial environment or
habitats, including but not limited to forests, hydric hammocks,
coastal strands, mangrove forests, pine barrens, cypress or bay
heads or domes, palmetto stands, sawgI'ass and other wet prairie
vegetational assemblages, and any vegetational community or grouping
functioning as part, or comprising the whole of any ecosystem,
including salt marsh and marine grassbeds; and any mineral or
mineral-like product, element or chemical compound, whether defined
as rock, soil, clay, dirt, pea t, mud of other agricultural or
fossilized or geological entity; and any petroleum-based or
petroleum-associated natural substance, including but not limited
to oil, natural gas, oil-bearing shales or other substrata,
asphalts or other tar substances, whether emerging at the surface
or contained in subterreanian geological formations or strata; and
any agricultural, aquacultural or maricultural products resulting
form the utilization and management of such resources.
EE. Water Management Features: Structural devices, or elements of such
devices, which ~llow for the gradual release of water from a
project to the receiving water under controlled conditions.
FF. Wetlands: As defined under "Land Use".
SECTION NINE:
REPEAL OF COLLIER COUNTY ORDINANCE NO. 74-50, SECTION 1
(1.05)
Section
relates
Adivsory
1 (1.05), Collier County Ordinance 74-50, which section
to the establishment and powers of the Water Management
Board. is hereby repealed in its entirety.
SECTION TEN:
CONFLICT AND SEVERENCE
In the event this Ordinance conflicts with any other ordinance of
Collier County or other applicable law, the more restrictive shall
apply. If any phrase or portion of this Ordinance is held invalid
or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portion.
28
SECTION ELEVEN:
EFFECTIVE DATE
This Ordinance shall become effective upon receipt of notice from
the Secretary of State that this Ordinance has been filed with the
Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this
day of
1984.
ATTEST:
WILLIAM J. REAGAN, Clerk
BOARD OF COUNTY COM~llSS lONERS
COLLIER COUNTY, FLORIDA
BY:
DAVID C. "DOC" BROWN, CHAIRMAN
Approved as to form and legal
sufficiency:
(
Kenneth B. Cuyler
Collier County Attorney
I
,"-,
cceb 1
29
APPENDIX B
DRAFT VEGETATION ORDINANCE
AN ORDINANCE REPEALING ORDINANCES NOS. 75-21,76-42,
82-37 and 82-113 AND ADOPTING THIS ORDINANCE FOR
THE PURPOSE OF PROTECTING ALL NATIVE VEGETATION
WITHIN COLLIER COtrnTY. FLORIDA; PROVIDING FOR A
PURPOSE AND INTENT: PROVIDING DEFINITIONS; REQUIRING
A PERMIT TO REMOVE CERTAIN PROTECTED TREES OR PLANTS;
REQUIRING A PERMIT TO PRUNE SELECTED NATIVE FLORIDAN
TERRESTRIAL AND WETLAND TREES AND PLANTS', INCLUDING
ALL RED, 'wlIITE OR BLACK MANGROVES; ACTIVITIES
DECLARED UNLAWFUL; PERMIT PROCEDURES; PERMIT FEES;
ISSUANCE OF PERMITS; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR RELIEF; PROVIDING FOR APPEAL;
ESTABLISHING PENALTIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR DISPOSAL OR DISEASED TREES; PROVIDING
AN EFFECTIVE DATE
WHEREAS, all trees and plant life serve an essential function in
reducing carbon dioxide and producing oxygen for sustaining human and
animal life; and
WHEREAS, trees and plants native to Florida conserve energy. and
provide positive physical, psychological, and aesthetic factors to make
life more comfortable by providing shade, cooling the air. reducing
forceful wind velocities, high noise levels, and glare. breaking the
monotony of manls development of the land. and supporting wildlife either
directly or indirectly, as well as providing numerous other environmental
amenities, including food, shelter and other byproducts used by man and
other natural organisms; and
30
(
WHEREAS, tree leaves and branches disperse and break up pelting
raindrops on the surface of the soil, allowing rainwater to be absorbed
thereby decreasing surface runoff, and allowing percolation downward and
subsequent recharging of subsurface aquifers; and
WHEREAS, certain coastal mangrove trees provide significant
environmental benefits by entrapping runoff waters and contained
sediments, stabilizing shorelines and substrates, hindering erosion
caused by the effects' of upland runoff or by storm surge, protecting
upland populations from flooding and adverse wave action, serving as
hurricane buffers, and are vital in supporting the biota necessary to the
Collier County estuarine system; and
WHEREAS, mangrove forests within the Collier County estuarine and
marine ecosystems are primary nursery and feeding areas for fish,
shellf ish, and other organisms of commercial and sport value, and also
function as nesting areas for both native Floridan and migratory birds;
and,
WHEREAS, the trimming or alteration of mangroves and other native
trees and plants is not currently regulated in Collier County; and,
WHEREAS, mangroves and other native Floridan trees and plants have
diminished in number owing to man's development or collecting activities;
and,
WHEREAS, protection of all native trees and plants, including
mangroves results in use of these trees and plants for landscaping and
other purposes, effectively protecting, conserving, and enhancing
property values in the County; and
(
31
t
all of the total corr.plement of leaves normally produced or
occurring in any tree or plant during any portion of its
life cycle, such as to cause loss of viability, debilita-
tion, or death of such tree or plant
I. Development and Land Clearing: The carrying out of any
proposed build ing, mining, landscaping, or agricultural
operation, or the making of any material change in the
use, character or appearance of any land or coastal area,
whether submerged or not; or including the division of any
parcel of such land into two (2) or more parcels, to
permit, allow or cause to occur a placement, construction,
reconstruction, or alteration of the size or other
material change in the external or internal appearance or
integrity of a structure thereon whether on land or in
coastal areas; or a change in the intensity of use of such
land, including the increase in the number of dwelling
units, businesses, manufacturing establishments, offices,
or other habitations, including the conversion of any
dwelling unit from its previous category to that of a
time-share unit, apartment or condominium, in a structure
or on such land; or alteration by any means of a seacoast,
shore, bank or bottom of a river, stream, lake, pond,
canal, bay or other open or enclosed body of water,
including any coastal construction as defined in 161.021,
Florida Statutes, 1975-; or the commencement of drilling,
mining, earth-moving or other excavation on any parcel of
land or coastal area, except to obtain soil samples; or
36
L.
the demolition of any structure or appurten- ance; or the
clearing of any land or coastal area by removal or
alteration of any native vegetation, whether or not as an
adjunct of construction or other modification ~hereof; or
the deposit of refuse, solid or liquid or gaseous waste,
or fill, or other non-naturally occurring deleterious or
harmful substances, on any parcel of land or coastal area.
J. Diameter Breast Height (D.B.H.): The diameter in inches
of the main trunk of any tree or otner similar vegetation
as measured at four and one-half (4~) feet above the
existing grade at the base of the vegetation in question.
K. Drip Line: An imaginary perpendicular line extending from
the plane of the outermost horizontal circumference of the
branches of any tree or plant to the ground beneath.
Environmentalist, County: The person or such designee
employed and entrusted to oversee and ascertain any and
(
(
all matters pertaining to environmental concerns in
Collier County, as provided for by the Collier County
Commission.
M. Exotic Tree or Plant Species: Any woody, fibrous, or
succulent tree, plant, or other vegetational species,
whether monocotyledenous or dicotyledenous, together with
any root or rhizome or holdfast systems, of an introduced,
escaped, or adventitiously occurring species which
normally, and historically is not Dative to the State of
Florida.
c.
37
Hammock, Strand or Forest:
An assemblage of one or more
N.
native species of trees and plants living in close
proximity and/or interdependent among each other to some
degree, such as to constitute a viable vegetative and
ecological entity which can be clearly defined and
delimited within a given area, and is environmentally
characteristic of such area.
O. Hand Removal: Displacement of any tree or plant by
excavating, cutting, poisoning, forceful separation or
leverage from its point of attachment or growth, by use of
hand tools or other means of manipulation.
P. Hand Tools: Hand-held or operated tools including but not
limited to hatchets, axes, saws, scythes, chain-saws,
pruning shears or other clipping devices, whether powered
manually, elec trically or petroleum-fueled, as well as
conveyance devices or aids such as wheelbarrows, wheeled
carts, sand sleds, or self-propelled wheeled or tracked
vehicles such as bush hogs, motocross bikes, or similar
such off-road vehicles under any motive power whatsoever,
whether used primarily for gardening or agricultural
purposes or not, and so employed to aid in tree or plant
removal.
Q. Mangroves, Red, Black or White: Any seedling, sapling,
shrub, arborescent shrub, or y.'Oody tree belonging to the
genera Avicennia, Laguncularia or Rhizophora, normally
found within, or along the exposed or sheltered coastal
shorelines of lagoons, estuaries. barrier islands. or in
38
(
or along tidal creeks, passes, rivers, or deltas, whether
in marine, brackish or fresh waters, and which form mixed
or monotypic assemblages, strands or forests in such
areas, and are commonly denoted as being "mangroves"
whether botanically classified as such or not.
R. Native Species, Trees or Plants: Any of one or more
naturally occurring tree or plant species, including those
listed in the appendix herein (Section 00) which are
historically and ecologically native to the State of
Florida and to Collier County in particular.
S. Normal Life Process: The sum of the metabolical,
physiological, and biological processes or associated
ecological interactions which are characteristic of, or
appropriate and necessary to the vitality and normal
functioning of, any native tree or plant.
T. Overprune or Overtrim: The selective or nonselective
removal of that amount of vegetative growth either in
leaf, branch, trunk, or root systems which results in
death, or the impairment, interference or delay in the
recovery and growth process of the tree or plant, so that
the ability to perform its normal ecological function is
curtailed, interrupted, or eliminated.
U. Protective Barriers: Any physical structure composed of
wood or other suitable material, clearly marked and
visible, which limits access to any protected area and
which complies with the specifications, requirements and
intents of this ordinance.
l.
39
v.
Protected Trees and/or Plants:
Those species native to
the State of Florida and Collier County in particular as
listed in Appendix, Section 00.
W. Prune (or Trim): To selectively cut off or alter by hand
removal, mechanical, chemical or other means any part
comprising a percentage of the total vegetative growth,
whether leaves, branches, trunks or roots, of any tree or
plant.
x.
Removal:
Displacement of any tree or plant from the
habitat in which it occurs naturally, historically, or
ecologically. by extraction, debilitation, destruction. or
alteration of growth or biological function by means of
cutting, girdling. digging, root pruning. lifting. pushing
over. defoliating, covering with dirt, soil or other
materials, draining or flooding of natural habitat, or by
any other means whatsoever that may be injurious,
detrimental or fatal to the normal life processes of the
tree or plant and its associated biota.
Y. Site: That parcel of land or coastal area in which a
particular tree or plant is growing and for which a
vegetational removal permit is sought.
Z. Specimen (or Historic) Tree or Plant: Any tree or plant
which, upon recommendation of the County Environmentalist.
or other environmentally related agency or body. has been
determined through due process by the Board of County
Commissioners to be a species of high or intrinsic
aesthetic, economic, historical or ecological value
40
because of its type, size, age, rarity, historical or
cultural significance, or other reason, and which has been
so designated by the Board as a Specimen Tree or Plant
after public hearing and with noticed provided (if
required) to the owner of said species by certified mail,
and with the proviso that such designation shall be
recorded in the Official Records of the Clerk of the
Circuit Court, and all recording fees shall be paid by the
County.
AA. Tree or Plant:
Any protected species of native Floridan
vegetation as defined in, or meeting the intents and
,
purposes of this ordinance, regardless of vegetative type,
size, age, location or other attributes.
(
BB. Viable: Any tree, plant, associated biota or vegetational
or faunal assemblage which in the judgement of the
Environmental Section or other Agency, is capable of
sustaining
biological,
ecological
or
historically-
associated life processes, unaided, if unimpaired by man,
for a period of time reasonable and consistent with the
scientifically acceptable lifetime of the entity con-
cerned.
CC. Yard Area: Any open space contiguous on the same lot or
parcel of land with any construction or building, and
which is unoccupied and unobstructed from the ground
upward by any natural or artificial appurtenances with the
exception of trees, plants or associated biota.
(
,-,..
41
SECTION THREE
1. Prohibition
A.
Except
as
otherwise
provided
herein,
no
person,
organization, society, association, corporation, legal
entity, or any other agency or representative thereof,
shall directly or indirectly alter, cut down, defoliate,
destroy, relocate, remove, trim or otherwise damage in any
manner whatsoever, or clear by mechanical or other means
any land or coastal area located in Collier County, on
which are found any species of native tree or plant as
listed herein, whether such be growing singly, in an
assemblage, or within a hammock, strand or forest within
the geographical limits of Collier County, without first
obtaining a permit specifically delineating same as
defined herein.
B. Except as provided for certain exotic species, it shall
further be unlawful for any person, organization, society,
association, corporation or other legal entity to act or
cause an action to be taken which interferes with,
inhibits, or prohibits the normal life processes of any
protected tree or plant, whether growing singly, in an
assemblage, or within, or existing as, a hammock, strand
or forest. Such action shall include, but not be limited
to, over-pruning, defoliating, application of herbicides,
placing of dirt or fill material on or near a protected
species, or damaging or altering the surrounding
environment either directly or indirectly so as to cause
42
adverse affects on the normal life processes of any
protected tree or plant, including its associated biota,
without first obtaining a permit as defined herein.
C. It shall be further unlawful to alter, or remove. any
native species of vegetation whatsoever. whether defined
in this ordinance or not. that occurs or. by virtue of its
habit, is growing into and seaward of the Coastal
Construction Control Line (CCCL) in Collier County,
without first obtaining a permit as defined herein.
It shall be unlawful for any person, organization,
D.
(
society, association, corporation. legal entity, or any
other agency of City, County, State or Federal govern-
ments, or their representatives thereof, to directly
or indirectly alter. cut down, defoliate. destroy, remove,
trim or otherwise damage in any manner whatsoever any tree
or plant designated by the Board of County Commissioners
as a specimen example of vegetation, without notification
of the County Environmentalist. and the scheduling of a
public hearing in reference thereto before the Board.
E. Any equitable, legal or leasehold owner of property who
has, or obtains knowledge or otherwise becomes aware of
or causes to occur any illegal or improper alteration,
destruction, or removal of any protected native species of
vegetation as provided herein on property on which that
individual has any equitable, legal or leasehold interest,
and who shall not immediately notify the Community
Development Administrator. the County Environmentalist. or
(
43
their respective designees, shall be guilty of a mis-
demeanor as defined in Section Seven, Article 2 below.
F. Approval by Collier County for any alteration,
destruction, or removal of protected native species of
vegetation does not eliminate the need, nor preclude the
obtaining of, any associated State or Federal agency
permits where such are applicable, from the State of
Florida, the Department of Environmental Regulation, the
U.S. Army Corps of Engineers, or "other jurisdictional
entities.
2. Exotic and Introduced Species
A. It shall be unlawful for any person, organization,
society, association, or other legal entity to grow,
whether terrestrially or hydroponically, or engage in the
transportation, int roduction, planting, sale, bartering,
trade,
free
or commercial exchange, or any other
of any portion of Noxious Exotic Species
distribution,
including their seeds, roots, suckers, seedlings,
saplings, flowers, fruits, or other living parts, within
the geographical confines of Collier County.
B. For purposes of this Ordinance the following introduced
or non-native tree or plant species are considered as
exotics or Noxious Exotics:
1. Any species of Australian Pine or Beefwood, genus
Casuarina (noxious exotic);
i1. Any
species
of
Punk
or
Cajeput
tree,
genus
Melaleuca (noxious exotic);
44
iiL Any species of Brazilian Pepper, also erroneously
known as "Florida Holly," of the genus Schinus
(noxious exotic);
iv. Any species of Eucalyptus, also known as Silky Oak,
genus Eucalyptus (noxious exotic);
v. Any species of Downy Rosenmurtle, genus Rhodomyrtus
(noxious exotic);
vi. Any species of non-native palm tree or cycad,
,
including date palms, sago palms, or their relatives;
vii. Any non-native ornamental tree introduced or escaped
from cultivation, whether used for landscaping
purposes, or grown agriculturally for fruit, or
commercial byproducts made from the bark, wood,
(
roots, leaves or flowers.
C. Exotic plant removal, including that of Noxious Exotic
Species, as required by this Ordinance does not relieve
any party from obtaining such County, State, or Federal
permits that may be pursuant to such action.
3. Land Clearing
A. It shall be unlawful for any person, either individually
or through agents, employees, or in~ependent contractors,
to clear, using mechanical or any other means, any parcel
of land or coastal area larger than ~ acre within the
unincorporated areas of Collier County without first
obtaining a land clearing permit, and vegetation removal
permit if removal of all or parts of naturally occurring
l
native Floridan vegetation is involved.
Land clearing
45
permits shall not be required for minor landscaping
maintenance such as maintenance trimming of trees and
shrubs, and mowing of yards, where sucha ctions are not
inimical to the normal life processes of any protected
tree or plant.
B.
shall
any person,
developer,
unlawful
for
It
be
organization,
society,
association,
other
legal
or
entity, except as hereinafter exempted, to improve or
,
develop any lands or coastal areas without first removing
any and all Noxious Exotics as defined in Article 2
above, or any other non-native species which the County
Environmentalist
deems
inimical
the
continued
to
existence of native Floridan vegetation, which occupy
such lands.
Removal of Noxious and/or other exotics
shall take place during the initial clearing of land in
each developmental phase. Methodology for removal shall
be approved by the County Environmentalist prior to its
emplo)~ent, and verification of such removal shall be to
his satisfaction. No further development will be allowed
until the land developer has notified the County Environ-
mentalist of completion of removal of Noxious Exotics or
such other exotic species and the County Environmentalist
has given signed and formal approval to proceed with
further development.
1. At terminat ion of development of any property, the
developer or his agents shall notify the County
Environmentalist, who shall then conduct an on-site
46
(
inspection to ensure that all provisions of this
section have been complied with.
ii. It shall be encumbent on any land owner or developer,
or their leasee or rental agents, to maintain such
land free of all Noxious Exotic Species from that
time forward in perpetuity.
Hi. Lands presently zoned and platted for, and being
used as. conforming or non-conforming single family
residential use with dwellings thereon, shall not
require removal and verification thereof of Noxious
Exotic Species growing thereon, provided such lands
are presently habitable and inhabited. However, any
8such lands as so defined which contain Noxious
Exotic Species, and for which a removal permit for
protected tree(s) or plant(s) is requested, shall
not have such approved unless one (1) Noxious Exotic
Species of a specimen age, and size to that of each
of the protected vegetational species for which
application for removal is sought, is also removed.
SECTION FOUR.
\-
1. Rare, Unique and Endangered Vegetation
A. To the Ir.aximum extent possible protection of all
communities of rare, unique, or endangered vegetative
associations as listed in Section 2 (1), Purpose and
Intent, as intact areas, "clumps," habitats, or biotopes,
shall be encouraged in all proposed developments, rather
than the selective removal of individual tree or plant
47
species.
The spatial arrangemer.t and positioning of
proposed structures and associated impervious surfaces
shall reflect design considerations which provide maximum
protection for such communities.
B. Reserved.
2. Native Vegetation Requirements in Open Spaces as Buffers, and
Green Belts
A. Except as provided hereinafter, any parcel of land or
coastal area to which a land clearing permit has been
granted, and which exceed one (1) acre in total area will
have a minimum of 40% of such area devoted to open space
to shich stipulations in Section 3 (0) (0.0) apply. In
those parcels of land or coastal area exceeding 10 acres
in size a minimum of four (4) different native tree
species, and six (6) different species of native shrubs or
ground cover and comprising a sufficient number of
specimens shall be required per acre of revegetation,
such that the retained or replaced vegetation comprises a
minimum of 80% native Floridan species and no more than
20% non-native and non-competitive species thereon.
B. Buffers
i. Where a vegetative screen or buffer or green belt or
open space requirement is mandated to meet zoning
requirements for any development or property under
the provisions of the Collier County Code, such a
48
buffer or open space will be maintained
protected native vegetation already on site.
using
If such
vegetation is unavailable, owing to non-existence
prior or subsequent removal for development purposes,
the buffer or green belt or open space shall be
established with sufficient number of specimens using
a minimum of four (4) different species of native
trees and six (6) different species of native shrubs
.
or ground covers, such that the entire buffer, green
belt or open space comprises a minimum of 75% native
protected vegetation. The remainder of such buffers,
green belts or open spaces may be composed of those
non-competing non-native plant species which are not
(
prohibited under the Noxious Exotic Tree or Plant
section of this ordinance. Approximately half the
total number of all plants in the areas must be
low-growing native Floridan shrubs so as to maintain
a vegetative barrier close to the ground under the
taller growing trees and shrubs.
i1. Except for highway median strips (green belts) and
Open Spaces as defined below, all buffers or similar
such screenings will be established in a zone with a
mean width of not less than l5 feet. PLantings in
this area will be placed so as to ref lect sound
L
49
ecological principles, and to form an effective
barrier to the passage of light, sound, and other
noxious emanations from the commercial or other
developed
property
to
that
lying adjacent
or
contiguous to it.
iii. At least one individual tree or plant shall be
established for each ten (10) square feet of screen.
green belt or buffer. Existing native vegetation may
be counted as meeting part or all of this total.
~~ere vegetation is to be
materials used shall be bona
planted. all plant
fide native Floridan
species, and shall conform to the standard for
Florida Number 1 or bet ter. as given in "Grades and
Standards for Nursery Plants". Part I. 2963. and Part
II. State of Florida. Department of Agriculture.
Tallahassee.
Upon recommendation or concurrence of
the County Environmentalist plantings of equal
substantive value may be used instead.
iv. Care and watering of all plantings is required until
they become well-established, and is the responsi-
bility of the developing agency or entity. Plants
that die within one year. whether as existing
vegetation or planted from nursery stock, must be
replaced with vegetation of equal size. age, number.
species. and ecological value.
50
(
\..
C.
Parking Lots, Street or Highway Frontage, Green Belts and
Median and Perimeter Strips
i. Parking Lots: General Specifications
a) All parking lots having two (2) or more spaces
shall be landscaped or screened as provided
herein after. Any parking lot adjacent to any
street shall have a minimum five (5) feet wide
landscaped strip along the property line
fronting each street. Any parking lot that
directly abuts, or is across the street from,
any residential district, whether single or
multi-family, shall have all perimeters facing
or abutting such residential areas fully
landscaped, and if necessary, provided with
additional screening to sufficiently block or
reduce, noise to, and vision from said
residential areas.
Landscaping shall consist of those native trees
or shrubs as listed in Appendix herein, and
shall comprise a minimum of 75% of all vegeta-
tion thereon, whether naturally occurring or
b)
planted. In certain cases, as deemed adequate
by the County Environmentalist, flowerbeds may
be substituted for a maximum of 20% of the
required 75% of the native vegetation. The 75%
non-native vegetation (and the maximum 20%
flowerbed vegetation) shall consist only of
51
those shrub species or flowers shown or known to
be
non-competitive
with
native
Floridan
Vegetation.
In no case shall any non-native or
Noxious Exotic tree species be used. Floridan
vegetation.
In
exceptional
circumstances
screening may consist of ornamental objects or
structures, provided that such objects have, or
can be shown to have, historical or geological
significance to Collier County. Examples of
such screenings may
necessarily limited
include, bu t
are not
to, historical
houses,
railroad vehicles, historical machinery, or
other artifacts, limestone boulders. rocks. or
other
geological obj ects
artfully arranged
within an overall landscape design.
c) For every parking lot of five (5) or more
spaces, street frontage shall consist of a
landscaped strip of a minimum length of 10 feet
and a minimum width of five (5) feet.
d) Each strip of street frontage or roadway median
strip
(green
belt)
shall
be
planted
with native vegetation.
If Floridan tree
species are used at least 75% shall be
shade-type trees of those hardwood (non-palm)
species listed in the Appendix, unless it can be
show~ that existing native vegetation on site is
applicable.
A minimum of one (1) shade tree
52
(
shall be planted, or left standing, for every
forty (40) linear feet of lot frontage, or
median strip.
e) Interior landscaping in parking areas will be
placed on median strips or interior islands,
provided that the latter are reasonably
dispersed throughout the parking area or
roadway, and are of such extent that an adequate
percolation area exists for each tree species
located on such islands or median strip. This
percolation area shall consist of that area
equal to the drip line circumference of a mature
tree for each tree specimen so emplaced.
Interior landscaping shall consist of a minimum
f)
of 5% of the total area dedicated to parking,
and shall be dispersed throughout the parking
lot in a reasonable distribution. Maximum
effort shall be made to retain, or to replant,
native species of hardwood trees, as determined
by good forestry and landscaping practices.
g) Positioning of such trees shall be equal to a
minimum of one (1) such tree for every 300
square feet of parking area.
Trees shall be
either existing native species presently growing
on site, or if planted, shall be those species
which attain a minimum mature size of twenty
(
(20) feet in height at full growth.
Trees
53
planted shall be of good quality nursery stock
and shall otherwise conform to the requirements
of Part A vii below.
h) A landscaped strip of a minimum five (5) feet
width shall be provided around the perimeter of
any parking lot having ten (10) or more spaces.
One native tree species shall be planted, or
left standing, for every 40 linear feet of
perimeter and every effort shall be made to
retain such trees left standing in natural
groupings. At least 75% of all replanted trees
shall be of hardwood species as listed in
Appendix, and no more than 25% shall be native
palm species, unless such species are those
originally occurring, and left standing on the
site after development.
i) All aisle ends and corner areas of any parking
lot of ten (10) or more spaces shall be
landscaped as provided in part "i" herein.
j) Any parking lot of a minimum 20 spaces or
greater and all green belt areas regardless of
total area or length. shall have provided a
permanent
underground
watering
system
of
sufficient size and capacity to ensure the
viability and continued growth of all native
species of vegetation originally occurring, or
introduced as plantings, thereon.
54
k) Any parking lot of a minimum 20 spaces or
greater shall be so designed as to take maximum
advantage of natural drainage (s) on the site,
and to ensure that such surface runoff that may
occur is directed toward landscaped or natural
areas so as to allow maximum potential for
percolation of such runoff.
1) The developer, or his agent. of any parking lot
or green belt shall ensure that all native
vegetation. whether originally on site. or later
introduced as planting (s), will be viable and
exhibit good growth for a period of one year
from the date of completion of such parking lot
(
and five (5) years for a green belt.
There-
after,
the owner or his agent shall be
responsible for continued maintenance and good
growth of all the native species of vegetation
thereon, and shall replace, as may be necessary
from time to time, any dead species with healthy
ones, according to criteria established in part
liD" hereinafter.
Such replacement as may be
required shall utilize only native species. but
with the proviso that different types. age and
size as originally specified or used may be
planted if it can be shown that conditions on
the parking site or green belt warrant such
I
\.,
changes concomitant toward continued survival or
55
good growth of those trees or plants used,
rather
than
by
replacement with
original
species.
ii. Roadway Perimeters and Median Strips
a. On all existing roadways. streets or highways a
perimeter strip shall be maintained free from
any obstruction,
construction, building, or
other artifact, signs or billboards of any
kinds.
except
those
,
signs
necessary
and
required
to
regulate,
maintain
or
direct
traffic flow or conditions as provided for by
the Florida Department of Transportation. or
similar governmental or regulatory vehicular
control agencies in Collier County.
b. Median and perimeter strips on any streets.
roadways
or
highways
and
within
required
setbacks along same shall have retained or be
planted with native Floridan vegetation, either
with species naturally and previously occurring
and retained on site after development. or
replanted
thereafter.
A minimum of
one
specimen of native Floridan hardwood shade tree
(excluding any palm or palm-type trees) shall
be emplaced or retained on site eve ry forty
(40) feet along any perimeter or median strip.
,/
Sufficient specimens of native Floridan shrubs
or groundcovers shall be similarly emplaced or
56
(
retained as is determined by good landscape
architectural practices. Native Floridan palm
or palm-type trees may be emplaced or retained
in site clusters of three (3) or more trees at
terminal points of median strips or islands,
but shall not be substituted for native
hardwood shade trees when such occur naturally,
or when such can be emplaced according to
stipulations noted above.
c. Non-native flower bed species, ornamental
shrubs, or trees. excluding any and all trees
or plants classified as Noxious Exotic Species
under Article Seven hereinafter, may be
employed in aesthetic plantings or beds,
provided that such plantings or beds do not
exceed 20% in total number of specimens of all
vegetation thereon.
Where native Floridan
specimens do not exist, or comprise less than,
or would total less than, 80% of all retained
or
emplaced
vegetational
specimens,
no
(-
non-native vegetation may be introduced until
the number of native Floridan species is
increased to 80% of the total areal vegetation.
iii. In extraordinary instances, as determined by the
County Environmentalist, certain non-native Floridan
trees may be emplaced along selected streets or
highways in such numbers as to exceed the 20% total
57
areal stipulation noted above, when such trees:
a. can be shown, or are known, to have exceptional
aesthetic value such as in flowering, or in
providing shade;
b. can be shown to be non-competitive to any
native tree species;
c. can be shown not to be subject to, or to
harbor, or act as reservoirs or epidemiological
vectors,
for
any
,
pest,
whether
insect,
arachnid, fungal, bacterial, or viral, such
that any species of native Floridan vegetation
whether protected or not, may become or has the
possibili ty of becoming, susceptible, or would
otherwise exhibit reduced or no tolerance to
such pests;
d. can be shown to be allergenically harmless or
non-noxious to the majority of the population
residing in the immediate vicinity where such
trees are to be emplaced;
e. can be shown not to have any toxic, irritating,
or poisonous features or qualities to humans or
native wildlife;
f. can be shown to be a viable species able to
tolerate ambient environmental conditions in
Collier County throughout every season, under
the general conditions that prevail as an
average over these season;
58
g. can be shown tolerant or resistant to native
Floridan pests, including any commonly
occurring insect, arachnid, fungal, bacterial
or viral entities or species that might infest
such trees. thereby causing their deterioration
or demise;
h. can be shown not to require an inordinate
amount
of care,
including excessive
pest
control measures,
,
fertilization. pruning. leaf
fall. fruit or seed production. whether noxious
or not, such that an excessive amount of time
and money would be devoted to their maintenance;
i. can be shown not to be inordinately brittle. or
(
to grow in such fashion as to produce an
excessive amount of limbs, which may be easily
broken or damaged during windstorms, tropical
storms or hurricanes, thereby increasing the
possibility of damage to property or human l~fe;
j. are not members of any species presently listed
as Noxious Exotic, under Section Three. Article
2.
In no instance will such non-native trees be
emplaced when it can be shown that there exists a
native
Floridan
tree
species
which
exhibits
characteristics and features similar to that for the
proposed introduced species as noted above, and such
(
a native species is in sufficient abundance, supply,
59
or can be so obtained, or can be transplanted from
elsewhere. without excessive cost or requiring an
amount of care inordinate in comparison to that
needed by the proposed introduced species.
D. Golf Courses
Golf courses shall have a minimum of four (4) different
specis of native hardwood trees. and two (2) different
species of native palm trees or other softwood trees,
comprising numerical total of 80% "of all specimens or
individuals of vegetation thereon, replanted over the
total delineated and latered area. Such revegetation will
comprise not less than 50% of the total perimeter area
delineated as fairways and tees or other portions of the
playing area. but excluding that portion delineated as
greens. water traps or sand traps.
E. Sporting and Athletic Fields and Playgrounds
Sporting and athletic fields and playgrounds, including
but not limited to baseball or softball diamonds,
football, soccer, or rugby fields, racing tracks, or other
areas including any playgrounds exceeding one (1) acre in
size, which are devoted to sporting or recreational
activities, shall have maintained or replanted a minimum
of two (2) different native species of trees. of which no
more than half or 50% of the total number and individual
specimens shall be palm trees, unless such already exists
on the site. Such vegetation may be maintained or
installed as perimeter, or clumped marginal assemblages,
r
60
. ..... ' ~l..;>., i-;~'; ~....~-.~ ""
(
so as to occupy a minimum of 10% of the total field area,
while not interfering with the projected sporting,
athletic, or recreational use of such sites.
F. Parks and Common Area
Areas dedicated as parks or commons, whether part of a PUD
or as incorporated in smaller subdivisions or develop-
ments, shall be established so as to maintain a minimum of
80% of the naturally occurring native vegetation thereon.
Such areas which are non-vegetated or vegetated only wiht
exotic species shall be replanted with at lease 80% native
speices. Replanting with non-native and non- competitive
vegetation shall not exceed 20% of the total vegetational
area, and 20% of the total available species thereon.
Such plantings shall be established in compliance with
sound forestry or landscape architectural practices, and
will be done in such a manner as to enhance the ecological
and environmental, as well as aesthetic, properties of the
land.
3. Protective Barriers on Construction Sites
A.
Prior to any land clearing, land preparation or con-
struction activities, all reasonable steps necessary to
prevent the destruction or damage to trees or plants
falling under the jurisdiction of this ordinance shall be
employed.
A protective barrier sufficient to deny vehicular access
shall be placed around all such trees or vegetational
assemblages and maintained as such throughout the duration
B.
(
61
of constructional activities, according to the following
criteria:
i) At or greater than six (6) foot radius from each
specimen of all species of mangroves and protected
palm trees;
ii) At or greater than the full drip line of each
specimen of all protected native pine trees;
iii) At or greater than 3/4 of the drip line of each
specimen of all other protected 'tree species;
iv) At a distance equal to or greater than the greatest
radial
extent
as
applied
outward
from
the
vegetational perimeter of any protected shrub, plant,
plant assemblage, or native ground cover.
No chemicals, petroleum products, soil or refuse piles.
construction or building materials, or constructional
equipment, structures, vans, or supplies of any kind shall
be placed within such protective barriers.
D. Prior to the removal of protective barriers all land-
c.
/
scaping activity shall be accomplished using hand tools or
hand labor.
E. No attachments or wires other than those of a protective.
supporting, nature shall be attached to any protected
tree, nor shall any signs. permits, directional indica-
tors, reflectors or other appurtenances be affixed to. or
placed within, the protective confines of the restricted
area delineated by protective barriers.
62
F. Unless specifically authorized by the County Environ-
mentalist, no soil is to be removed from within the area
encompassed by the maximum drip line of any protected
tree or plant.
G. Grading on any construction site will be done so as to
ensure the survival of all protected vegetational species
or assemblages, and will be accomplished so as to cause
no or minimal alteration from ambient grade as determined
before construction commenced.
H. Access way for heavy equipment and machinery shall be
planned so as to minimize damage and/or access to
protected species or assemblages.
Areas on any develop-
(
ment site where land preparation and construction
activities will not occur. or where heavy machinery will
not venture. shall not require protective barriers;
however. all such areas shall be staked and roped,
ribboned, or otherwise physically and clearly demarked.
Stakes used in such demarcation shall be no more than
fifty (50) feet apart. and no ropes, ribbons or other
indicators shall be attached to any protected species of
vegetation.
4. Tree or Plant Relocation or Replacement
As a condition to the granting of a tree or plant removal
permit under this section, the applicant may be required by the
County Environmentalist to:
A. Relocate those trees or plants of rare, unique or
endangered characteristics which would otherwise be
(
63
des troyed or
damaged
during,
or as
a result
of
construction. land clearing, or other activities:
i. to another location on the site, or
ii. to another location off the site, such as a protected
or preserved site, park, botanical garden, or other
area judged to be acceptable.
B. Replace those trees or plants permitted to be destroyed
with similar or suitable native species either from other
areas in which they might exist on the same site, or from
areas outside the site altogether.
C. Adhere to the following conditions and specifications in
regard to:
i.
Characteristics:
The replacement trees or plants
shall at least equal in growth rate, height at
maturity,
environmental
tolerances,
ecological
similarities, shade potential. screening properties,
and such other characteristics deemed important, that
of the vegetation requested to be removed;
ii. Species: The species of replacement trees or plants
must be the same as those being requested for removal
from the natural environment, or of a species native
to the southwestern Florida area, insofar as they are
ecologically compatible to the altered area, and as
indicated in the attached Appendix;
iii. Minimum Standards: All replacement trees must have a
minimum overall height of eight (8) feet at the time
of planting; all replacement shrubs must be in
64
minimum 5 gallon nursery can size; all ground covers
or epiphytes shall be of a size similar to that of
the specimens removed or destroyed, and shall be
planted so as to cover an area similar in size to
that covered by the original specimens.
iv. In cases where the size or number of such affected
D.
species prevents equinaminous replacement, other
native Floridan species but of similar ecological
types may be substituted when' so approved by the
County Environmentalist.
Maximum Remove and Replacement Limits of Trees and Plants
i. Except for removing of Noxious Exotics (Article 8) at
no time shall greater than 40% of the existing
protected trees be removed on any parcels of land
having five (5) or more trees. (See Column A.) Any
lot with fewer than five (5) trees may have all trees
removed, but each tree so removed will be replaced
using the standards noted in Article 5, Part C,
(
above.
ii. The amount of shrubs and ground cover to be removed
shall be limited to a maximum of 75% of the existing
vegetation in this category present on the site
before construction or development begins. After
completion of construction a minimum of 25% of the
original vegetational Cover shall be restored,
pursuant to good ecological and landscape
l. architectural design, and shall consist of 100%
65
native species. comprising a minimum of two (2)
different species as originally extant.
ii1. All lots of cleared or al tered shall have replaced
upon them a minimum of 40% of all trees removed. with
the exception of those lots originally having fewer
than five (5) trees in which case for each tree
removed. one shall be replaced.
(See Column B, C,
D, E.) The percentages to the replaced shall comply
to the following schedule and shall be rounded off to
the next higher whole number from 0.5 and higher;
that is, 1. 5 shall equal 2, 1. 4 = I, tree to be
replaced:
A. B. C. D. E.
Replacement
Number -
40% x Removed
Original Removed Remnant Number Final
Number Number Number in Co!. B Number
4 x 40% 4 0 + 4 = 4
5 x 40% 2 3 + 1 4
6 x 40% = 2.4 4 + 1 = 5
7 x 40% 2.8 4 + 1 = 5
8 x 40% 3.2 5 + 2 = 7
9 x 40% 3.6 5 + 2 = 7 etc.
iv. In the event that a site is wooded only with exempted
or exotic species. upon total clearing a minimum of
one (1) native tree species, or five (5) native shrub
or plant species, shall be placed for every 750
square feet of area cleared.
66
(
E. Protection of Mature Trees
i. The damage or destruction of large, mature trees
less than 20 inches D.B.R. shall be recompensed on
the basis of one smaller tree of similar species and
D.B.R. measurement no less than 2 inches, for each 4
inches or part thereof D.B.R. of each mature
specimen(s) so damaged or destroyed. Existing native
trees greater than 20 inches D.B.R. will each count
as six (6) trees when felled, in order to discourage
capricious removal of mature trees, and to limit the
number of such trees which may be removed;
ii. Any and all native trees replaced or relocated
pursuant to the stipulations of this section must be
in healthy, viable condition within one (1) year from
the date of planting or replanting. Such
replacements which have not become established, have
declined to an unhealthy condition, or are otherwise
unviable to the degree that continued survival is
improbable, or any such trees that have died, shall
be replaced with healthy specimens according to
stipulations in Article 4 Part C iii, above.
F. In determining whether relocation or replacement is
required the following criteria shall be employed:
1. the needs of, or the intended use of the property;
ii. the existing tree coverage on the site and in the
immediately surrounding area;
(-
67
iii. the number of trees or plants to be removed from the
entire site;
iv. the type, size, age, and condition of the tree(s) or
plants to be removed;
v. the general feasibility of removing or relocating
such tree(s) or plants and whether alternate native
species might be substituted;
vi. the topography and drainage of the site, including
the addition of any proposed s~ales, runoff ditches,
canals, ponds, and other water control or catchement
structures;
vii. the
extent
to which
the tree (s)
or plant (s)
contribute to the ecological, aesthetic, economic, or
environmental integrity of the immediate, as well as (
the surrounding area;
viii. the economic hardship which might be imposed on the
applicant, assuming that the latter has otherwise
acted in good faith in adhering to other stipulations
of this ordinance.
5. Bona Fide Agricultural Purposes
A. Under the provisions of this article an applicant
requesting removal of protected trees or plants shall
submit a convenant to the County running with the land to
be altered or cleared, and having a term of not less than
five (5) years, indicating that such land shall not be
68
D.
utilized by the present or future owners within the
covenant period for any purpose other than a Bona Fide
Agricultural Purpose.
B. Said covenant shall be promptly filed with the appropriate
County officer for recording in the same manner as would
any other instrument affecting the title to real property.
and may only be released prior to its termination by a
written instrument of the Board of County Commissioners
releasing the owner from the terms' of the covenant, and
only after a public hearing and the results therefrom have
been recommended to, and acted thereupon by the Board of
County Commissioners.
C. The releasing covenant must be promptly recorded in the
same manner as any other instrument affecting the title to
real property. The release shall only be made to the
owner upon payment to the County of permit fees that would
have been charged for a non-Bona Fide Agricultural Purpose
tree removal permit, covering all protected vegetation
previously occurring thereon, less the amounts actually
paid for the permit at the time of original application.
Except as provided below, in no case involving a Bona Fide
Agricultural Purpose permit shall rezoning to any other
higher or lower category be initiated until a period of
five (5) years has elapsed after such Bona Fide
(
(
69
Agricultural Purposes have ceased, or the land has been.
or can shown to be. abandoned for a continuous period of
three (3) years after the expiration date of the original
covenant.
E. In the case where an owner or user of agricultural land.
or land covenanted under Bona Fide Agricultural Purposes,
replants such land with 100% native vegetation, consisting
of a minimum of ten (10) different tree species, and
,
twenty (20) different plant or shrub or groundcover
species. of such types, size, number and ecological
compatibility. as occurred, with the original biotope
before its alteration for agricultural purposes, then land
rezoning may be applied for two (2) years after agri-
cultural usage has ceased. or earlier if, in the opinion
of the County Environmentalist. sufficient growth and/or
reforestation has occurred.
F. A pennit and concomitant shall be requited for the
removal or algeration of all protected vegetation.
including specimen trees, on any parcel of alnd proposed
for, or zoned as being used for Bona Fide Agricultural
Purposes, including but not necessarily restricted to
wood pulping, and transplanting of trees for landscaping.
commercial sale, or other uses.
G. Verification of removal of Noxious Exotic Species shall
be required for all lands zoned Agriculture. regardless
as
to whether
they will be used for Bona Fide
Agricultural Use, or other purposes allowed within such
70
(
(
zoning category.
However, no permit shall be required
H.
for the removal of non-protected trees or plants on a
parcel of land falling under the definition of Bona Fide
Agricultural Purposes, provided however, that in order to
qualify for this exception the owner or his agent shall
file of Notice of Commencement with the County Environ-
mentalist, and have received approval prior to the
removal of any or all such non-protected vegetation.
The County Environmentalist is authorized to approve a
Notice of Commencement subject to the following
conditions being met by the petitioner:
i. The petition meets all requirements of Section 9 of
the Zoning Ordinance 76-30, Special Regulations for
(ST) land zoned A-ST for the applicable planning
district.
i1. If irrigation is required in conjunction with the
Bona Fide Agricultural Use of the premises, and a
well is the method of choice, the petitioner must
obtain a well permit before clearing operations can
begin.
iiL If a souce other than a well is to be used for
irrigation purposes in conjunction with Bona Fide
Agricultural Use of the premises, the petitioner
must have received prior approval of the Water
Management Advisory Board before clearing operations
can begin.
71
iv. The property owner or his duly authorized agent
shall have two (2) years from the date on which the
Notice of Commencement is approved by the County
Environmentalist to place the subject premises in a
Bona Fide Agricultural Usage, and the pursue the
activty in a manner consistent to the successful
harvesting of the proposed agricultural products, or
appeal of such Notice of Commencement shall become
Null and Void.
v. After completing a Bona Fide Agricultural Use as
required in Parts A-E above, the petitioner may
elect to leave the subj ect premises lie fallow for
the remaining years of the original stipulation. If
such period exceeds the originally approved time
limit, the petitioner may apply for a continuance of
Bona Fide Agricultural Use as defined, provided that
all such stipulations noted in th~ original
agreement, including all specific determinations and
restrictions of any covenants entered therein, are
retained and remain applicable.
vi. Failure of a property owner or any other agent or
person to obtain an approved Notice of Commencement
as required above, or thereinafter, to place the
subj ect premises into Bona Fide Agricultural Usage
as defined and stipulated under the conditions of
this ordinance, shall constitute a separate and
distinct misdemeanor for each acre of land altered
72
SECTION FIVE
1.
(
(
with each tree destroyed, benstituting a separate
and distinct offense for which the Notice of Com-
mencement was
originally approved, and shall be
defined hereinafter. Section Seven.
punishable as
Article 2.
Permit Application Procedures
A. Application for a permit to alter or remove any protected
tree or plant. or to clear any iand or coastal area
bearing such vegetation either singly. or as assemblages
as defined herein, shall be submitted to the County
Environmentalist in writing, using the appropriate form.
and shall include written statement(s) as hereinafter
defined indicating the reasons for requesting alteration,
removal. or clearing.
B. Site Plan Submission and Revegetation Stipulations
~ben a protected tree, plant, or any mangrove tree-
trimming or removal permit is required owing to the
pending construction of a structure or structures, or as
part of a PL~, subdivision, development of a lot, or for
any other operation involving land clearing and vegeta-
tional alteration, a site clearing and revegetation plan
clearly depicting how the final site layout will
incorporate maximum amounts of retained or emplaced native
Floridan vegetation, and how roads, buildings, lakes,
parking lots, and other facilities will be oriented, will
be submitted to the County Environmentalist for his
73
review and approval prior to or concurrent with the
submission of final plans for a building permit. Said
removal and/or trimming permit shall only be issued at the
time of issuance of any building permit by the Board of
County Commissioners, or its designee. Where issuance of
a building permit is not required because no structure or
structures are to be constructed, or no development of the
lot will take place, any person seeking to remove and/or
trim a mangrove, or any other tree or plant protected
under this ordinance, shall first file a site and re-
vegetation plan with the County Environmentalist or his
designee as required under Subsection E herein, prior to
receiving such permit.
It is further noted that removal
of any protected trees or plants will automatically
require mandatory revegetation by replanting or seeding of
such species, or their ecological equivalents, using
specimens of similar type, size, and age, as far as is
practical with good forestry practices.
C. No application for a permit to alter, remove or clear any
protected tree or plant shall be accepted or otherwise
considered by the County Environmentalist until all
applicable
County,
State,
or
Federal
requirements,
regulations, and ordinances have been met, including but
not
limited
to
Special
Treatment
(ST)
review,
Environmental Impact Statement (EIS), Development of
Regional Impact (DRI) , U.S. Army Corps of Engineers
permits. State Department of Environmental Regulation
74
(
(DER) permits. or any other applicable State agency
reviews or permits.
D. Any application to prune or trim any mangrove tree shall
be considered a special case and standards for trimming or
pruning such trees will be applied as follows:
Red Mangrove (Rhizophora mangle):
1. All pruning or trimming is restricted to branches
less than one (1) inch diameter. except as provided
below, and listed as Severe Pruning;
i1. No more than 40% of the available foliage shall be
removed at anyone time;
iiL Maximum reduction in total height shall not exceed
33% of the original height of the tree(s) or
shrub(s). as measured from ground level of the main
trunk(s);
iv. Special cases where the above restrictions must be
exceeded constitute severe pruning. and the following
shall apply. No restrictions shall be waived without
a detailed review of the tree(s) or shrub(s) in
question by the County Environmentalist;
v. All severe pruning shall be conducted in two separate
stages; Stage 1 in which the original height of the
tree(s) or shrub(s) is not reduced by more than 1/3;
and Stage 2 to be conducted no earlier than 2 years
later. reducing the final height of not less than 50%
(.
75
of the original height of the tree, before any
trimming took place, and as measured from ground
level at the base of the main trunk(s);
vi. All branches larger than one (1) inch shall be cut
back flush with the trunk, or main lateral branch, so
that no stubs remain;
vii. All cut trunks and lateral branches larger than one
(1) inch shall be painted with a recognized effective
anti-fungal and anti-bacterial agent;
viii. Coppicing in either stage 1 or 2 shall not remove
greater than 40% of the extant leaf canopy.
Black Mangrove (Avincennia germinans):
i. Coppicing or trimming of canopy lateral branches
shall not be conducted below the lowest fourth
lateral branch on any trunk, nor in any case below 6
feet ground to major lateral branch height, as
measured from the base of the main trunk as exposed
at low tide;
ii. No more than 40% of the available foliage shall be
removed in any given year in which trim~ing is
conducted;
Hi. All lateral branches greater than one (1) inch in
diameter shall be cut flush with the trunk, or main
lateral branch as the case may be, and the overall
length of such branches shall not be reduced greater
than 33% of their original length in any given year;
76
(
(
E.
iv. All cut trunks and lateral branches shall be painted
with a recognized effective anit-fungal and
anti-bacterial agent.
White Mangrove (Laguncularia racemosa):
i. Guidelines as provided above for Black Mangrove shall
be equally applicable to the White Mangrove, with the
added proviso that no prop roots shall be pruned or
trimmed in any manner;
ii. No pruning or trimming of any major lateral branches,
or trunk(s) shall be conducted below 6 feet ground to
branch or trunk height, as measured from the base of
the main trunk (not from prop root base).
iii. All cut trunks and lateral branches shall be painted
with a recognized effective anti-fungal and
anti-bacterial agent.
All applications to remove, alter or prune any protected
trees or plants as delineated herein shall be made on
forms provided by the County Environmentalist, and shall
include the following information:
1. The name and address of the owner of the land for
which the permit is requested;
ii. The name, address and telephone number of the person
or legal entity that will perform the actual
alteration. removal, or clearing;
iiL The proposed date of commencement and the projected
date of completion;
77
iv. A certificate of competency or other license
indicating the qualifications of the person or fim
doing the removal, alteration, or clearing;
v. An overall site plan of the area, including the shape
and dimensions of the lot or parcel(s) of land
involved. including:
a) all existing and proposed structures
b) existing and proposed driveways, streets, roads,
bike paths, vita paths, nature trails,
boardwalks and other pedestrian or vehicular
passageways;
any other improvements to be made to the site;
c)
d)
e)
all utilities services;
all
elevations,
depressions.
or
other
(
topographical variations, including all sink
holes, solution holes, rock outcroppings, or
other prominent geological features;
f) all historical or archaeological sites;
g) all existing wetlands, ponds, sloughs, lakes,
rivers, creeks, or other waterways;
h) a generalized direction of flow for surficial
water on the site, both before and after any
alteration of vegetative communities, where
applicable.
vi. Identification and uses of any adjacent properties,
including the approximate number, size, and age of
any protected trees or plants thereon, or approximate
78
(
delineation of any vegetational assemblages such as
hammocks, strands or forests;
vii. For sites 10 acres or less, a detailed map of any and
all natural native vegetative communities on the
site, as prepared by a qualified biologist, botanist,
naturalist, licensed landscape architect, or other
professional person having a working knowledge of the
taxonomy and ecology of native Floridan vegetation;
including the following:
a) a certified tree survey overlay placed directly
on the site plan, indicating the location,
referenced if possible to existing or proposed
structures, of all the trees as delineated in
this ordinace;
an enumeration of existing trees proposed to be
b)
altered,
replaced,
removed.
destroyed,
relocated,
or
preserved
at
their
present
location, and i~entifying such trees by number,
species, D.B.H., height, age and condition;
c) a listing of any native and/or non-native trees
or plants to be introduced into the development
from an off-site source;
d) except as provided hereinafter, any tree with a
D.B.H.
of 30 inches or greater must be
e)
individually designated;
groups of trees less than 30 inches D.B.H. and
less than three (3) feet apart may be designated
(
79
as "clumps". groups of five (5) or more trees
five (5) feet apart may be designated
"assemblages". both may be identified by the
dominant species present. giving estimated
percentages;
f) where a series of species-assemblages occurs, a
rank-order
for
removal,
alteration
or
destruction will be provided, listing faster
growing species (e.g., red'maple) to be removed
before slower growing species (e.g., live oak).
viii. For sites greater than 10 acres. the vegetation map
may identify the major vegetative assemblages or
communities by providing an estimated percentage of
native trees or plants, by species, occurring
thereon, including any of rare. unique, endangered.
or historical or aesthetic significance.
ix. A listing of any steps or measures taken to minimize
the effects of alteration, removal or clearing of
permitted
trees
or
plants
on
the
remaining
surrounding vegetation and wetland areas or water
bodies.
x. A detailed listing of the methodology to be employed
in alteration. removal or clearing. including:
a) types of equipment;
b) estimated duration of equipment usage;
c) if herbicides are to be applied. the type,
nature. chemical composition. toxicity. amounts
80
to be applied, method of application, protective
measures to be employed by applicants toward any
biota occurring on the site, and specific dates
and times of day when such will be used, as well
'-'4~'~~'-: ,. ," ,
as an evaluation of the risk of exposure or
contamination to any human life, property,
environmental or domestic concerns, including
the duration of remnant herbicide in the soil or
any bodies of water, and ~ny products produced
by chemical decomposition of such herbicides,
their percentages, half-life, and toxicity;
xi. A concise statement of the reasons why such a permit
is desired;
(
xii. Designation, if required, (see Section 4, Article Ie)
of the type and efficacy of antibacterial, antifungal
or anti-insect preparation to be applied to the
pruned or trimmed of areas of any trees altered, but
not removed.
xiii. Posting of a performance bond equal to $100.00 for
each tree on site of D.B.H. less than six (6)
inches, and $500.00 for each tree on site of D.B.H.
equal to or greater than six (6) but less than
twelve (12) inches, and $1000.00 for each tree of
D.B.H. twelve (12) inches or greater.
Specimen
trees, and trees with D.B.H. of eighteen (18) inches
(
81
or
more
require
special
approval
of
removal
methodologies before any vegetation removal may
begin.
2. Criteria Used in Issuance of Permits
A. Upon approval of an application made under this section,
the payment of the required fee, and posting of perfor-
mance bonds, as required under this ordinance, the County
Environmentalist shall issue the appropriate permit, which
shall be displayed in a conspicuous place on the front of
the premises affected during the entire time that
vegetational alteration, removal or land clearing is in
progress.
B. One or more of the following conditions may govern the
issuance of any and all such permits:
i. A tree or plant is so weakened by age, storm, fire,
or other injury or disease that it may jeopardize the
life of persons, or otherwise cause a safety hazard
to pedestrian or vehicular traffic, public service
utilities, or to existing buildings;
ii. The tree or plant unalterably prevents the reasonable
acceptable development, otherwise not prohibited, of
a lot or parcel, or prevents or excessively hinders
the physical use thereof;
iii. Alteration or removal of trees or plants is necessary
to allow reasonable ingress and egress, including
access by construction, earthmoving, or other large
equipment or heavy machinery to a given site on the
82
v.
property, or to any proposed or existing structures
thereon, based upon consideration of the actual or
projected use of the property provided, however,
that the provisions of Section 3, Article 0 shall
thereon apply;
iv. Alteration or removal is necessary in order to comply
with other codes, including zoning, subdivision
regulations, environmental ordinances, or health
provisions;
It can be shown by a professional forester, botanist,
or landscape architect that the parcel of land will
not continue to adequately support the present number
of protected trees in a viable and ecologically
healthy condition, or in such condition as is
(
indicative and amenable with good forestry practices;
vi. The trees or plants are desired to be relocated, or
will be replaced by protected trees or plants of a
similar type, age, size, or ecological equivalency,
on a one to one basis, and provided the applicant
submits a written statement specifically indicating
the reasonable conditions for such removal and that
any replacement shall be done according to a plan
approved by the County Environmentalist;
vii. The removal of any protected trees is in conjunction
with a bona fide timber gathering operation, and
c
83
__~_j"..V n~~!II" W . IIfflllrn. r-..
provided that a re-forestation plan has been sub-
mitted and approved by the County Environmentalist,
pursuant to Section 4, Article 3;
viii.The removal of protected trees or plants is necessary
for bona fide agricultural usage, including but not
limited to, the planting of crops, fruit production,
grazing of livestock or similar uses, and the site in
question is presently zoned for Agricultural usage;
provided however that the pro.Jisions of Section 4,
Articles 3 and 4 thereupon apply;
ix. The removal of protected trees or plants is necessary
to allow essential grade changes, surface water
drainage, utility installations, or other operations,
when specifically done in conjunction with plans
reviewed and approved by the appropriate City,
County, State or Federal governmental agency; and
provided however that the provisions of Section 3
Article (3) shall thereupon apply;
x. The existence of a bona fide emergency situation can
be demonstrated such that removal of protected trees
and plants is in the immediate and best interests of
the health, safety and well-being of the general
public.
xi. The tree or plant can be shown not to be designated,
or have the potential to be designated. a specimen
tree or plant as provided for in Section 3,
Article lD.
84
(
xii. The removal of any protected tree or plant can be
shown not to be inimical to certain environmental
considerations, including but not limited to, ground
and surface water stabilization, water quality and
aquifer recharge, noise pollution abatement, air
movement and quality, wildlife habitats, and any
aesthetic or ecological impacts that may result;
xiii. A genuine and non-alleviatable economic hardship can
be demonstrated to be imposed upon the applicant
should the vegetational removal permit not be
granted.
C. The permitting provisions of this ordinance shall not
apply to any non-native, introduced, or adventitiously
occurring vegetation of any kind. Nor shall the
provisions of this ordinance apply specifically to any
introduced or exotic tree species termed "noxious
exotics."
c
3. On-Site Inspection
A. The County Environmentalist or his designee may conduct
on-site inspections at any time throughout the duration
of the permit, and when specifically informed of the
completion of any proj ects to determine if such alter-
ation, pruning, trimming or removal as set forth herein,
conforms to the requirements of this ordinance, and to
determine what effect, if any, the pruning, alteration,
trimming or removal of any protected vegetation will have
on the drainage, topography, and natural resources of the
85
affected area. using criteria as listed in Article 2-B
(xiv) above, before granting or denying said application.
B. The County Environmentalist, his designee or other
agent. shall have authority to require modification of
site plans in regard to any and all such obstructions,
instrusions, or other factors which, in his judgement,
will act to operate inimically on the natural environment
of the site in question. prior to allowing initiation or
continuance of development.
i. Except as precisely exempted herein, no permit shall
be issued. nor shall any development be allowed to
begin or continue if an on-site inspection shows that
the proposed or actual activity:
a) harms any biological or aquatic productivity of
the area in question to such an extent as to
cause serious, continuing or irreparable damage
to the exiting ecosystem;
b) increases, or has the potential to increase
erosion in. on, or immediately adjacent to the
site;
c) causes deterioration of water quality. or any
other environmental quality, either within the
site or to areas sufficiently near which can
conceivably be affected;
d) destroys the ecological integrity of on-site or
adjacent strands, hammocks or forests;
86
(
(
'-.
e) has or produces any other affect which would be
contrary to the public interest.
11. The Collier County Environmentalist or his designee
may attach specific conditions on any permit which
govern the scope, method, and time of alteration,
where such conditions are deemed reasonable and
necessary to protect the environmental integrity of
the concerned site or adjacent areas.
Hi. No
developer,
clearing
land
property
owner,
operator, corporation, or any other legal entity
shall prohibit such on-site inspection to the County
Environmentalist,
his
properly
identified
or
designee.
4.
Permit Fees
A non-refundable application fee for the obtaining of a permit
for removal and/or trimming or pruning of any protected
vegetation under the terms of this ordinance will be charged to
the applicant and paid at the time of application to the County
Environmentalist or his designee.
Permits issued from the
granting of said application shall require an additional fee to
be submitted to the County Environmentalist or his designee,
and which shall be paid at the time of issuance of such
permits. The fees for both the application, and permit, shall
be set in accordance with the Collier County administrative
code, and are hereby declared to be necessary for the purpose
of processing the application and making necessary inspections
for the administration and enforcement of this ordiaance.
87
5. Issuance of Permits
A. Based upon the information contained in the applications,
the County Environmentalist may approve or deny the
application.
If the application is approved, the County
Environmentalist or his designee is the issuing authority
for said permit, and collecting authority for any permit
fees applicable thereto.
B. All permits shall be issued for a period not to exceed six
.
(6) months unless it can be shown by the applicant that a
longer time period is necessary in order to accomplish
removal, alteration or trimming of the vegetation in
question.
In such a case, the County Environ&;entalist
shall have the authority to extend a permit for a
sufficient and continuous period of time deemed adequate
to accomplish the goals of the applicant.
The County
Environmentalist may, at his discretion, provide for an
interrupted or seasonal halt to any and all alteration,
removal,
trimming or pruning,
should conditions so
warrant.
In such a case, the continuance of the permit
shall resume and extend to completion of duration from
that
point
in
time
designated
by
the
County
Environmentalist or his designee.
C. The County Environmentalist or his designee shall have the
power to cancel, suspend, revoke or deny permits when, in
his judgement, the necessary conditions stipulated for the
operating conditions of such permit have been violat~d,
changed or modified, expired, or not adhered to.
88
i. Permits shall automatically expire 180 days after
original, or subsequent date of issuance.
Expired
permits may be renewed subject to all regulations in
affect at the time of renewal, and provided that the
conditions obtaining are similar to those present at
the beginning of the permitted time period. Any
substantive change in conditions shall require the
issuance of a new and separate permit.
ii.
Permits may be
cancelled
,
upon completion of
the
permitted operation and prior to the period of
expiration, or if the applicant can demonstrate that
conditions have substantially changed from those
present at the time of original issuance, so that
(
modification or emendation of the operation is
necessary.
iiL Permits may be suspended for non-compliance toward
operating
conditions
or specifications
in
the
original, or subsequently issued permit.
In such a
case a permit may be reinstated by the County
Environmentalist or his designee when, in his
judgement, the applicant has indicated he will comply
or has shown compliance with original specifications
or stipulations. Additional on-site inspections. or
substantial modification, monitoring, or mitigation
of the original permitted operation may be stipulated
as
a
consequence
of
such
suspension
and
t
reinstatement.
89
iv. Permits may be revoked for violation of any and all
conditions pertaining to the original, or subse-
quently
renewed,
permit .
Revocation
of
any
the
vegetational
ordinance
permit
shall
tlake
applicant, his contractors, agents, or other entities
liable for criminal and/or civil penalties as
provided in Section Seven, Article 2, as well as
rendering them ineligible for any future issuance of
any vegetation permit for a per'iod of ten (0) years
from the date of revocation.
v. Permits may be denied by the County Environmentalist
or his designee for just cause, or for reasons which
in the judgement of the aforementioned, will result
in substantial environmental degradation of the
parcel of land or coastal area, and/or any adjacent
such areas to the site in question.
In the event a
permit is denied, cancelled, suspended or revoked,
the reasons shall be noted either on the application
form or by a subsequent notice and the applicant
shall be notified accordingly.
D. An after-the-fact permit for the removal, alteration,
trimming or pruning of any protected tree or plant may be
issued by the County Environmentalist or his designee upon
proper application by a property owner and a review of
such application by the County Environmentalist, with a
finding of one or more uf the following:
90
1. The application would have been eligible for the
issuance of a permit prior to the removal, alteration
or pruning of the subject vegetation involved in the
case;
ii. The damage caused by the removal of, or alteration or
trimming of protected vegetation can be shown on
inspection by the County Environmentalist or his
designee to have no significant effect on factors
affecting
the water
,
management,
wildlife
habitat,
general ecology or other environmental parameters of
the subject property, as well as on the immediately
surrounding area and its contained biota;
iii. The owner has shown a positive attitude and intent in
(
meeting all cease-and-desist orders, and shall
replace the subject vegetation with that of similar
type, size, age and number, as well as agreeing to
any other corrective action that might be required;;
iv. The owner is willing, to pay an after-the-fact permit
fee of 10 times the regular permit fee, in addition
to any other costs incurred as a result of his
actions, to the County to cover the additional
expenses resulting from preparation of any surveys,
maps, environmental impact statements, or field
inspections made by the County which are a direct
result of the owner's prior actions. and which
resulted in the issuance of the said after-the-fact
permit.
91
SECTION SIX:
1. Exemptions
The terms and provisions herein shall apply to all property
lying within Collier County, except as provided below.
A. No permit is required to prune any tree or plant other
than those listed as protected in Appendix A, or those
designated as a specimen tree or plant, provided that such
pruning is done in a judicious manner and will not result
in the severe injury, debilitation, 'or death of the tree
or plant. Trees and plants listed in Appendix A are not
exempted and require a permit prior to any pruning.
B. No permit shall be required for the removal of any tree or
plant which has been destroyed, or damaged by natural
causes, so as to be beyond saving, or which has become a
hazard as the result of an act of God and as such
constitutes an immediate and serious peril to life and
property.
C. No permit is required for the pruning or removal of any
tree or plant, other than those listed in Appendix A or
those listed as specimen examples, when such pruning or
removal has been reviewed and approved by the County as
part of a PL1), subdivision, building permit. or other
development or land clearing plan.
D. No permit shall be required for removal or pruning of any
tree or plant when such is grown on the premises of a
licensed tree or plant nursery, tree farm, botanical
92
(
c
garden, or other operation where such trees and plants are
intended for sale in the ordinary course of the licenseels
business.
E. No permit shall be required for the removal or pruning of
any tree or plant, other than those listed in Appendix A,
or those designated as specimen examples, when such
removal or pruning is required by a Communication Utility,
Electrical Utility, or any Federal, State, County, or City
Agency, Engineer, or Surveyor working under contract with
such Federal, State, County or City agency, where such
removal or pruning is done as a maintenance or
governmental function of those same agencies.
No permit shall be required for the removal or pruning of
a tree or plant, other than those listed in Appendix A, or
those designated as specimen examples, when undertaken by
a Florida Registered Engineer or Florida Licensed Land
Surveyor during the performance of his duties, provided
such removal or pruning i~ only done for individual trees
or plants, and provided the County Environmentalist is
notified of such intent a minimum of two (2) business days
F.
prior to such removal or pruning, and makes no objection
thereof within the said two (2) day time period. In any
and all cases where removal of protected trees or plants
will require clearing a swath greater than three (3) feet
in width, the County Environmentalist must grant approval
prior to any such removal or pruning.
93
G. No permit shall be required for the removal of any dead
trees or plants, provided the prior inspection and
approval of the County Environmentalist or his designee
has been obtained. The County Environmentalist may waive
inspection and approval if notified by persons of firms
currently licensed in Collier County to do business as
Tree Service.
Tree Surgeon.
or as a professional
Landscaping Architect. provided that such re~ovals are
performed as part of their service to the consumer.
H. No permit shall be required for the removal of trees or
plants, other than those listed in Appendix A, or those
designated as specimen examples. when such trees occur on
a parcel of land zoned A-I, as defined in County Zoning
Ordinance 82-2. and which land is presently and actively
being used for Bona Fide Agricultural Purposes.
I. No permit shall be required for the removal of protected
trees or plants. including any listed in Appendix A. and
any designated as specimen examples, when such have been
determined by the County Environmentalist to be diseased
or to endanger. by contamination, any other such trees, to
the extent and on such a scale as to constitute a severe
environmental emergency. "Lethal Yellowing" coconut palm
virus shall be considered such an environmental emergency.
SECTION SEVEN:
1. Appeal
A. Any person who feels aggrieved by the application of this
ordinance may file. within five (5) days after said
94
;.~
grievance, a petition with the County Environmentalist
requesting that his case be reviewed and acted upon by the
Collier County Board of County Commissioners.
B. The notice of appeal shall recit;'"t:h'e
such an appeal is being taken, and provide an alternative
to any action or decision imposed by the County
Environmentalist, his designee. or other County agent or
employee.
.
C. Each appeal shall be accompanied by a fee of Twenty-five
dollars ($25.00) which shall be sufficient to cover the
cost of processing said appeal. The Board of Adjustments
shall have the power to hear all such appeals and for that
purpose shall adopt rules for the conduct of such
('
hearings. which rules shall uniformly apply to all such
appeals and shall further provide that both the appellant
and the appellee. and both of their arguments, be heard.
D. Following the hearing of any appeal the Board of
Adjustments shall render its decision in writing,
containing an enumeration of all the facts and a listing
of all the findings based upon evidence provided by both
appellant and appellee at the hearing. Such decisions by
the Board shall be final and binding on the parties
contingent to the hearing.
2. Variance Relief
A. For purposes of this Ordinance, relief obtained therefrom
shall be based on untenable hardship innuring to the
(
applicant should the applicant be prohibited from removing
95
destroying, altering, pruning. trimming. or otherwise
modifying any species of protected trees or plants.
including specimen examples of same, as defined herein.
Untenable hardship shall be defined as a hardship unique
to the property involved, with application peculiar to
that particular property and not general in character, and
can include, but is not necessarily limited to, a total
inability to use the property, documentation of severe
,
financial hardship, excluding. however. all after-the-fact
violations as provided herein. or that hardship is of such
an
oven:helming
nature
that
it
supersedes
any
environmental damage that would be. or has been, caused by
the removal, alteration, or trimming of an protected
vegetation.
The burden of proof is upon the applicant to
(
provide a sufficient factual basis for said hardship.
Self-imposed
hardship
shall
not
be
grounds
for
consideration nor relief.
SECTION EIGHT:
1. Enforcement
A. The County Environmentalist or his designee shall be the
enforcing official, and is charged with the duty of
administering the provisions of this ordinance and
securing compliance therewith.
In furtherance of this
responsiblity,
the
County
Environmentalist
or
his
designee(s) shall:
i. Make such inspections as may be necessary to ensure
compliance with the purposes and intents of this
96
ordinance, and to initiate appropriate action to
bring about such compliance if inspection discloses
any violation or noncompliance thereof;
11. Investigate any complaints of alleged violations of
";~'"
this ordinance and indicate clearly in writing. as a
public record and function of his office. the
disposition of such complaints;
iiL Order in writing. as set out below, the remedy or
mitigation of all conditions or violations of this
ordinance as found to exist in or on any premises or
site;
iv. State in the violation order a time limit for
compliance or completion of mitigational activities;
(
v.
Request the assistance of the County Attorney and/or
the State Attorney. or any other Local, County.
State, or Federal Agency or Officer to take the
appropriate legal action upon the failure of the
responsible party to comply with any violation order
within the time specified therein.
B. The County Environmentalist or his designee(s) are
authorized and directed to lawfully enter in and upon all
premises at reasonable times to determine their condition,
insofar as the provisions of this chapter are applicable,
and to obtain search warrants when neccessary to do so.
C. Upon noting that a violation of this ordinance exists. the
County Environmentalist or his designee(s) shall:
C.'
97
i. Provide written notice of the viol~tion to the
occupant or property owner or developer, or to the
holder of the certificate of occupancy if different
from both the occupant and owner;
ii. Serve such written notice, or caused same to be
served by any licensed process server, or peace
officer. by personnaly delivering to the person or
persons required under the provisions of this
ordinance to be so served such' notice of violation.
If the same cannot be personally delivered then
service shall be deemed complete upon sending same by
certified mail, return receipt requested. to the last
known address of such person or persons and by
posting a copy of such notice in a conspicuous place (
on the premises;
iii. Endorse on a retained copy of the written notice the
manner and time of service of such notice or notices
as are hereby required.
D. When a notice served in accordance with this section is
not appealed within the time limit hereinafter prescribed,
or when such a notice is appealed and the decision of the
enforcing official is not reversed, or when no appeal is
provided for herein. the notice becomes an order.
If the
notice is appealed and modified. the modified notice
becomes an order. Such an order shall be effective as to
98
F.
every day the violation continues. from the first day of
the violation until the date the order is complied with by
the violator or his agent.
E. When notice of violation becomes an order. the enforcing
official shall take such steps as are necessary to enforce
compliance with same. Such steps may include. but are not
limited to:
1. Requesting the assistance of the State Attorney to
prosecute for each day of viol~tion, from the first
day of the violation until the day of compliance with
the order;
ii. Requesting the assistance of the County Attorney to
seek injunction or other relief;
iii. Initiate proceedings to appear before the Board of
County Commissioners or any. other code-enforcing
board.
Any monetary penalties incurred by the violator shall
accrue to the County and may be recovered in civil action
brought by the County. Such sum collected shall be placed
c
in a fund for contingency operating expenses of the County
Environmental Department. or other such fund devoted to
the protection and safety of the environment of Collier
County.
2. Penalties
A.
Any person violating any provision of this Ordinance, or
conditions of a hardship permit issued hereunder. shall
upon conviction be punished by a fine not to exceed $500
(
99
per day, or sixty (60) days in jail, or both. Any
equitable legal or leasehold owner of property who knew.
or should have known, that illegal or improper removal.
alteration. trimming or pruning of any native tree or
plant protected under the criteria of this ordinance. was
occurring on property on which that individual has any
equitable. legal. leasehold or proprietary interest, and
who permitted that activity to occur without notifying
either the County Environmentalist or his designee(s) that
such person, organization, society, association, corpora-
tion, any agency or representative thereof. or any other
legal entity, was improperly removing. altering, trimming
or pruning those trees and plants falling under the
protection of this ordinance, then that owner shall be
equally subject to any civil or criminal penalty set forth
in this section.
B. Each act of removing. destroying. altering, causing damage
thereto. or illegally trimming or pruning any vegetation
protected under this ordinance shall consist of a separate
offense for each tree or plant so affected. and for each
day such action has been undertaken.
C. In addition to, or in lieu of, the penalties provided by
general law for violation of this ordinance. the Board of
County Commissioners or the County Environmentalist, or
any affected party. may bring injunctive action to enjoin
100
the removal. alteration or pruning or trimming of any
protected vegetation. including all protected specimen
trees as may be designated.
D. If a court of competent jurisdiction has deemed that the
i,""lr;:l'tl";:~i'<' >, ';;il~'W
action taken by the violator has eliminated or signifi-
cantly decreased the ability of the ecosystem i~ which the
vegetation occurred to recover or perform those functions
for which it was being protected. the court may order
suspension for a period of one to 'five years. or revo-
cation for a period of ten (0) years. from the date of
final disposition, of any licenses held by the violator to
engage in development, construction, or land clearing
activities in Collier County. In imposing sentence or in
(
mitigation,
the court may consider the successful
replacement of all such protected. and/or specimen trees
which were illegally removed, altered. or trimmed, as well
as sucessful and complete restoration of the subject area
to its previously functional and ecologically viable
state.
SECTION NINE:
1. Severability
If any section, subsection. sentence, clause. phrase, or
portion of this ordinance is. for any reason, held invalid or
unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate. distinct. and independent
C"
provision and such holding shall not affect the validity of the
remaining portion thereof.
101
SECTION TEN:
1. Effective Date
This ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
Passed and Duly Adopted this
day of
, 1984.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY:
. Chairman
ATTEST:
WILLIAM J. REAGAN, CLERK
102
APPENDIX A-I
TREES PROTECTED UNEQUIVOCALLLY
(
1. Bald Cypress
2. Cr abwood
3. Cupania
4. Geiger Tree.;:'l'~j>)
5. Joewood
6. Lancewood
7. Lignum vitae
8. Mahogany .".~ "'~!~~;;
9. Manchineel
10. Mangrove, black
11. Mangrove, red
12. Mangrove. white
13. Mastic
14. Necklace pod
15. Oak. live
16. Palm, paurotis
17. Palm. royal
18. Palm. silver thatch
19. Pigeon plum
20. Pine, sand
21. Pond apple
22. Pop ash
23. Satinleaf
24. Seagrape
25. Soldierwood
26. Sweet bay
27. Tamarind. wild
28. Torchwood
Taxodium distichum
Gymnanthes lucida
Cupania gIabra
Cordta d'8.bestel\a'.\<
Jacquinia keyensis
Nectandra coriacea
Guaiacum sanctum
Swietenia mahagoni
Hippomane mancinella
Avicennia germinans
Rhizophora mangle
Laguncularia racemosa
Mastichodendron foetidissimum
Sophora tomentosa
Quercus virginiana
Acoelorraphe wrightii
Roystonea elata
Coccothrinax argentata
Coccoloba diversifolia
Pinus clausa
Annona glabra
Fraxinus caroliniana
Chrysophyllum oliviforme
Coccoloba uvifera
Colubrina elliptica
Magnolia virginiana
Lysiloma latisiliqua
Amyris balsamifera
SHRUBS, GROUNDCOVERS AND OTHER PLANTS PROTECTED UNEQUIVOCALLY
I. Bay cedar
2. Beach madder
3. Beach plum
4. Cactus, tree
5. Coon tie
6. Coral bean
7. Fern. birds nest
8. Fern. strap
9. Ironwood. black
10. Ironwood. white
II. Peperomia
12. Peperomia, Florida
13. Peperomia. pale green
14. Peperomia. cypress
15. Peperomia. reddish
l 16. Railroad vine. ,
17. Saltmarsh cordgrass
18. Sea lavender
103
Suriana maritima
Ernodea littoralis
Scaveola plumieri
Cereus spp.
Zamia floridana
Erythrina herbacea
Asplenium serratum
Campyloneurum angustifolium
Krugiodendron ferreum
Hypelate trifoliata
Peperomia floridana
Peperomia obtusifolia
Peperomia simplex
Peperomia glabella
Peperomia humilis
Ipomea pe.s-caprae.~~i." .i#:f;v;cJtl; :;!~ ';,{:,p.~{~
Spartina spp.
Tournefortia gnaphalodes
19. Sea oats
20. Sea purslane
21. Tetrazygia
Uniola paniculata
Sesuvium portolucastrum
Tetrazygia bicolor
All native epiphytic and terrestrial orchids including:
5.
6.
7.
8.
9.
Fern. cypress
Fern. ribbon
Fern. shooting
Guzmania, strap leaved
Hoary air plant
Catopsis floribunda
(=C. nutans, ex auct.)
Catopsis nutans
Catopsis berteroniana
Goniophlebium brazilense
(extinct?)
Meniscium reticulatum
Paltonium lanceolatum
Nittaria lineata
Guzmania monostachia
Tillandsia pruinosa
1.
Catopsis, many flowered
2.
3.
4.
Catopsis, small
Catopsis, yellow
Fern. Brazilian polypody
APPENDIX A-2
TREES PROTECTED AS SPECIMEN EXAMPLES, OR AS INDICATIVE MAJOR PARTS OF
RARE. UNIQUE OR ENDANGERED STRANDS, FORESTS OR HAMMOCKS
1. Acacia, sweet
2. Alvaradoa
3. Blolly
4. Buttonwood
5. Cats Claw
6. Dahoon holly
7. Gumbo limbo
8. Jamica caper
9. Jamaica dogwood
10. Maple, swamp
11. Marlberry
12. Milkbark
13. Palm. cabbage
14. Palm. Brittle thatch
15. Palm, Florida thatch
16. Paradise tree
17. Pitch apple
18. Pine, slash
19. Red bay
20. Red mulberry
21. Soapberry
22. Stopper. redberry
23. Stopper, white
24. Wild cinnamon
25. Wild coffee tree
26. \-,Iild dilly
27. Wild lime
28. Willow bustic
Acacia farnesiana
Alvaradoa amorphoides
Pisonia discolor
Conocarpus erecta
Pithecellobium unguis-cati
Ilex cassine
Bursera simaruba
Capparis jamaicensis
Piscidia piscipula
Acer rubrum
Ardesia escallonioides
Drypetes diversifolia
Sabal palmetto
Thrinax microcarpa
Thrinax parviflora
Simarouba glauca
Clusia rosea
Pinus elliotti and varieties
Per sea borbonia
Horus rubra
Sap indus saponaria
Eugenia confusa
Eugenia axillaris
Canella alba
Colubrina arborescens
Manilkara bahamensis
Zanthcxylum fagara
Bumeliasalicifolia
Amyris elemifera
104
SHRUBS. GROU1~COVERS AND OTHER PLANTS PROTECTED AS SPECIMEN EXAMPLES, OR
AS INDICATIVE MAJOR COMPONENTS OF RARE, UNIQUE OR ENDANGERED STRANDS.
FORESTS OR HAMMOCKS
l. Bay bean
2. Christmas berry
3. Cocoplum
4. Fern, fila,
5. Fern. hand
6. Fern, shield
7. Fern, plUM
8. Fern. strap
9.
10.
II. Fern. whisk
12. Sea oxeye
13. Snowberry
14. Stopper. red
15. Stopper. simpson
16. Stopper. spanish
17. Varnishleaf
18. Wax myrtle
19. ~~ite indigo berry
20. All other native bromeliads and
(
Canavalia maritima
Lycium carolinianum
Chrysobalanus icaco
TrichO'lll.8nes 'kraussi~/(may be
extirpated)
Ophioglossum palmatum
Dryopteris ludoviciana
Polypodium plumula'
Campyloneuron phyllitidis
C. costatum
C. latum
Psilotum nudum
Borrichia arborescens
Chiococca alba
Eugenia rhomi)"ea
Myrcianthes fragrans var.
simpsonii
Eugenia foetida
Dodonaea viscosa
Myrica cerifera
Randia aculeata
airplants, ferns, and mosses.
APPEND IX B-1
TREES OF SPECIAL ECOLOGICAL OR AESTHETIC CONCERN
1. Fiddlewood
2. Guiana plum
3. Gulf licaria
4. Hercules club
5. Inkwood
6. Myrsine
7. Myrtle of the river
8. Rough strongbark
9. Spicewood
10. Shortleaf fig
11. Strangler fig
12. Tawnyberry holly
13. West Indian cherry
14. West Indian Trema
(..
105
Citharaxylum fruitocosum
Drypetes lateriflora
Licaria triandra
Zanthoxylem clava-herculis
Exothea paniculata
Myrsine guianensis
Calyptranthes zuzygium
Bourreria succelenta var.revoluta
Calyptranthes pallens
Ficus citritolia
Ficus aurea
I lex . krug1ana
Prunus myrtifolia
Trema lamarckiana
SHRUBS, GROUNDCOVERS AND OTHER PLANTS OF SPECIAL ECOLOGICAL OR AESTHETIC
CONCERN
(
14. Lily. Florida key
IS. Lily, Florida wine
16. Lily, Florida swamp
17. Limber caper
18. Locust berry
19. Moss rose
20. Rhacoma
21. Wild coffee
Callicarpa arnericana
PicraIDnia pentandra
Pithecellobium guadelupense
Erithalis fruticosa
Reynosia septentrionalis
Tecoma stans
Acrostichum aureum
Hamelia patens
Schaefferia fructescens
Forestiera segregata
Gaillardia pulchella
Duranta repens
Citrus aurantiifolia (only as
native strands)
Hymenocallis keyensis
Hymenocallis latifolia
Crinum americanum
Capparis flexuosa
Byrsonima cuneata
Portulaca pilosa
Crossopetalum rhacoma
Psychotria nervosa
Psychotria sulzneri
1. Beautyberry
2. Bit te rbush
3. Blackbead
4. Blacktorch
5. Darling plum
6. Elder yellow
7. Fern, leather
8. Firebush
9. Florida boxwood
10. Florida privet
11. Gaillardia
12. Golden dewdrop
13. Key lime
(
I
TR-84-6 B
106
APPENDIX C
DRAFT COASTAL CONSTRUCTION CONTROL LINE ORDINANCE
(
AN ORDINANCE REPEALING ORDINANCE NO. 75-19 AND 80-]9
AND ADOPTING THIS ORDINANCE FOR THE PURPOSE OF
ESTABLISHING A COASTAL CONSTRUCTION CONTROL LINE
(CCCL); PROVIDING FOR A PURPOSE AND INTENT; PRovtntNG
DEFINITIONS; DESIGNATING COLLIER COUNTY COASTAL
MAINLAND PROTECTION DISTRICTS. COLLIER COUNTY BARRIER
ISLAND PROTECTION DISTRICTS. AND CONCOMITANT ZONATION
THEREIN; ESTABLISHING CONTROL LINES AND PROHIBITIONS
THERETO; DELINEATING ACTIVITIES PROHIBITED,
INCOMPATIBLE, PROVISIONAL. AND COMPATIBLE IN AREAS
ASSOCIATED WITH THE CCCL; DEFINING PRESERVATION,
CONSERVATION, AND CONSERVATION-PERMITTING ZONES;
ESTABLISHING A COASTAL PROTECTION' DISTRICT
DEVELOPMENTAL VARIANCE, AND PERMITTI~G CATEGORY;
PROVIDING GUIDELINES. RESTRICTIONS AND STIPULATIONS
FOR OBTAINING SAME; PROVIDING FOR FEES AND PER-
FORMANCE BONDS RELATED THERETO; PROVIDING FOR
EXEMPTIONS; ESTABLISHING PERMIT CATEGORIES AND
PROJECTS FALLING UNDER SUCH CLASSES; PROVIDING FOR
INTERPRETATION, ~~ A WARNING Ah~ DISCLAIMER OF
LIABILITY; PROVIDING FOR APPEAL AND VARIANCE RELIEF;
DETERMINING ENFORCEMENT. VIOLATIONS, AND PENALTIES;
PROVIDING FOR SEVERABILITY; ATTACHING AN APPEh~IX FOR
INDICATOR VEGETATION IN THE VARIOUS COASTAL
PROTECTION DISTRICT ZONES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Floridan coastal zone environment is a delicately
balanced and interdependent geophysical and ecological system which
demands comprehensive protection if its ecologic. economic. recreational.
and aesthetic values are to be preserved for future generations. and.
WHEREAS. the Floridan coastal shoreline has traditionally, but
erroneously, been considered an unlimited and renewable resource. and.
\<''HEREAS. sand dunes and beaches comprise a very small, and
unstable part of the total Floridan coastal zone, and.
WHEREAS. Collier County possesses approximately 38 linear
miles of high energy beaches fronting the Gulf of Mexico and upper
(
:Iif;, J~\ ..<;)k:>,?s:~~:.
Northwest Florida Bay. and,
107
WHEREAS, the Collier County beaches are sandy and narrow,
composed of materials easily moved by currents and wave action, so that
strong littoral zone transport occurs, and,
WHEREAS. little is known of the effects of msj or littoral
geophysical and oceanographic processes on the Collier County coastline,
and such littoral drift patterns may contribute to active erosion at one
time and in one place. or produce active accretion at another time and
place. and,
~~EREAS, critical erosion rates are evident over large portions
of the northern and central shorelines of Collier County. causing beaches
to diminish or disappear, and contributing to the closure of inlets and
passes. and,
~~EREAS, the availability of Federal aid to control such
erosion is tied to the existence of sufficient and continued public
access to such areas, and.
WHEREAS. the development of shorefront property can interfere
with the process of littoral drift. upsetting the balance of erosion and
accretion necessary for the continued survival and natural maintenance
of high-energy beaches, and
WHEREAS. the natural slope of the shore as it emerges from the
water on such high energy beaches serves to dissipate wave energy which
produces such high energy beaches. and,
WHEREAS. the intrusion of stable, artificial structures such
as seawalls. groins, jetties. pilings. and other beach and foreshore
construction into the natural setting of a high energy beach has been
shown to have adverse impact on the beach itself. and can easily and
108
quickly destroy the foreshore slope. affecting the natural sand budget
process, disrupting regeneration, and interrupting or redistributing
longshore littoral sand drift so necessary for beach stabilization. and,
WHEREAS, unforeseen astronomical tidal and wave conditions in
o\,'j;?~:;t:~_,};t.,
" i::::z::~",~t::':,;,qf~;,'J>~~-,<:\::~\~'H\~k:,~ ,:, ,-J:~J~~:~~~'W:',
conjunction with. or as a consequence of. severe weather conditions may
also interrupt the natural loss and regeneration cycle of littoral sand
drift on such beaches, producing severe damage to vegetation, foreshore
and dune topography. as well as to any structures contained or erected
thereon. and.
WHEREAS. the beaches and coastal areas of Collier County are
subject not only to astronomical tides. but to severe seasonal weather
conditions, including line squalls, severe thunderstorms, northeasters.
tropical storms, hurricanes and other damaging atmospheric disturbances.
(
that often produce excessive rainfall with a resultant increase in storm
surge levels in coastal water bodies such as creeks, rivers and inlets,
and which also can create wind conditions capable of generating waves
cresting at extreme heights, producing extremely high water levels
inshore and along associated shallow or low-lying coastal areas, and,
WHEREAS. the entire shoreline of Collier County has a very low
topographic profile with primary dune heights ranging from 6-9 feet, so
that no beaches except for a few at the southern end of Marco Island are
above the still water level storm tide proj ections of 11.1 feet. and
thus are subject to extreme flooding during severe storms or hurricanes,
and.
WHEREAS, such flooding. erosion and ecological degradation
that occurs may take place rapidly and with little warning. resulting in
c_ .~.
109
loss of property and life, producing health and safety hazards. causing
destruction of marine and terrestrial life. despoiling coastal wetlands
and waters. and generally adversely affecting the public welfare, and
WHEREAS. wind-borne sand accumulates in dunes that not only
buffer the impact of high winds and waves. but also provide an important
and continuing sand supply for restoring flood-eroded beaches. and.
WHEREAS. coastal vegetation stabilizes such dune systems and
their associated beaches so that they can more easily absorb the direct
forces of wind and water. and.
~~EREAS. upland excavation and construction destroys vegetation
and dunes alike. thereby altering the stability and safety of the
beachfront. and creating or aggravating flooding. erosion. or pollution
problems. and,
~~EREAS. protection of such sand dunes. beach bluffs and
beachfront vegetation is advantageous to the public welfare in that it
minimizes damage from flood tides, storm surges. and wave and current-
induced erosional processes. and.
WHEREAS, all land development in the coastal zone and on
oceanfront beaches should therefore be carefully planned, engineered,
and regulated to minimize such risks. through protection of sand dunes.
beach bluffs. and beachfront vegetation, thereby reducing or protecting
against damages from flooding and erosion to coastal developments, and.
WHEREAS. many portions of Collier County beaches are known to
be ecologically and geophysically critical areas in regard to beach
stabilization, vegetational, or animal habitats, and.
wl1EREAS. it is also desirable to maintain the beaches and
dunes for their recreational and natural values combined, and.
110
WHEREAS, the public has a right to use coastal area tidelands
in that portion between mean high and low tidelines. and,
WHEREAS. many of the beaches in Collier County are amenable
for public use based primarily or only in t~,~~~.natural state. and that
~~.~.....".,,^,
such beaches and shores have also been shown suitable for the creation
of public parks, and.
WHEREAS. the public use of the beach is a fundamental concern
which often conflicts with real estate development in the same general
area, and,
~~EREAS, many upland and dry-sand areas have undergone
extensive development, thereby diminishing the public's right of access
to the beach foreshore. so that the natural. historic. scenic. cultural.
aesthetic, and recreational values of much of the coastal environment in
(
Collier County has been lost forever as a result of private development
that encroaches on such beaches. or prohibits passage to and from such
areas. and.
WHEREAS, rapid and largely unrestrained real estate development
along the Collier County coastal zone also poses unique problems of land
regulation use and planning. and,
w~EREAS, regulations designed to stop uncontrolled development
that is both unreasonable and injurious to the public shores is a
legitimate exercise of police power, and,
WHEREAS, the use and stipulations of a coastal control line
provides a means for regulating such construction and development, so
that the individual owner derives certain benefits from control
restrictions such that the value of his property is directly enhanced
(
III
by proper siting of structures in relation to this line, and indirectly
enhanced by the imposition of the same restrictions on neighboring
properties. and,
WHEREAS, the enforcement of such a coastal control line is of
direct benefit to the health, safety. welfare, and general well-being of
the citizens of Collier County,
NOW. THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COM-
MISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE
1. Ordinance Nos. 75-19 and 80-19 are hereby repealed.
SECTION TWO
1. Purpose and Intent
A. It is the purpose of this ordinance to establish a coastal
construction control line. hereinafter termed CCCL. identical
to that established for Collier County by the Department of
Natural Resources of the State of Florida, delineate the
environmental zones contained therein. formulate actions
necessary to preserve, protec,t. maintain and/or restore the
resources and beneficial functions of these zones, provide
a uniform basis for the implementation of sound Coastal Barrier
Island and Coastal Mainland shoreline management regulations,
delineate minimally acceptable standards for the design,
construction and emplacement of any structures, whether
permanent or not. within the areas affected by the CCCL, and to
provide specific guidelines for the rebuilding, replacement,
re-establishment or removal of any structures within or
112
adjacent to the CCCL which subsequently may be affected either
directly or indirectly. by storm. flooding. overwash. beach
erosion. or other natural tidal or meteorlogical hazards.
B. It 18 the further purpose and intent of this ordinance to
"'':1ioC,,
?~~~~~;~'('J'/'~', "';,,
provide an efficient and effective management of all Coastal
Barrier and Mainland beacheE't associated dunes, and adj acent
inlets and passes in Collier County. and to ensure the
protection, maintenance and restoration of the associated
coastal ecosystems. as well as definingl and delineating the
right of the citizens of Collier County to enjoy the economic.
aesthetic, and recreational values associated with coastal
barrier and mainland beaches.
C. This Ordinance is not intended to waive. nullify, or modify
(
regulations or permitting requirements of any other govern-
mental agency, and is designed solely to provide for goals.
objectives, and policies regarding Coastal Mainland and Barrier
Island management in Collier County. and to establish a
consistent set of policies within Collier County for review
procedures on any and all activities seaward of, or related
to, the Coastal Construction Control Line (CCCL).
2. Definitions
Unless specifically defined below. words or phrases used in this
ordinance shall be interpreted so as to have meaning in common
usage.
When not inconsistent with the context. words used in the
present tense include the future. words in the plural number
include the singular. and vice versa.
The word "shall It is always
(
113
mandatory and not merely directory; the word "may" is permissive
and does not necessarily connote a subjunctive meaning.
A.
Accessory building:
A structure customarily subordinate to or
incidental to the principal building on the same site; for
example, garages or tool sheds.
B. Accretion: The increase in beach area through deposition of
waterborne or airborne sediments, either as a consequence of
natural forces such as currents, waves or wind. or through
interruption of such forces by artificial'structures.
C. Adverse impact: Any detrimental modification, alteration or
effect on the physical, geophysical. hydrological, ecological
or biological features of an area and/or its ecosystem.
D.
Barrier beach:
The seaward or landward-facing shoreline of a
barrier island, with its crest usually above mean high water.
E.
Barrier island:
An elongate. usually low, usually continuous.
detrital or sediment-formed bar. sand spit or outlying coastal
geomorphological feature usually formed parallel to a mainland
shore through depositional pr~cesses by seaward progradation,
wave-borne or drift current sedimentation. or other accre-
tionary processes.
F.
Beach:
The zone of unconsolidated material extending landward
from the mean low water line to the place where a marked change
in beach material or physiographic form, or line of permanent
vegetation, occurs.
G.
Breakwater:
An artificial or natural permanent structure used
in protecting a shore. harbor. anchorage or other basin from
the adverse effect of wind ar.d waves.
l14
(
(
H. Bulkhead: A semi-permanent or permanently emplaced artificial
structure. partition or contrivance employed to protect,
retain. or prevent slumping of an upland area from the adverse
effects of waves or water currents.
<>' ~<'~,~::>,,:,:,,;:,"?t~';'~~Wi;~~'\W~;~';,.~,<~f;::-;" "
1.
Channel:
A natural or artificial waterway containing
periodically or continuously moving water, formed or maintained
through tidal action. wind-driven circulation, or other
hydrological forces. and usually connecting one body of water
with another.
J.
Clearing:
The complete or partial alteration or removal of
any vegetation from a site.
K.
Coastal Construction Control Line (CCCL):
The setback line
established by the Department of Natural Resources, pursuant
to the provisions of Section 161.053. Florida Statutes. which
regulates the siting and construction of structures on a shore.
L.
Coastal high hazard area:
An area on a barrier island or
mainland shore subject to damage by high velocity water and/or
wind. including but not limited to, tropical storms. hurri-
canes. tidal surges. and other hydrological and meteorological
conditions.
M.
Coastal protection structures:
Any artificial or naturally
occurring construction or contrivance employing hard. or
relatively immovable materials to harden or prevent shifting
or loss of a shoreline and/or structures thereon. as a
consequence of erosion through wave action or water currents.
N.
Coastal strand vegetation:
The native Floridan vegetational
species,
communities
other
ecological
assemblages.
or
115
characteristic of, or usually assoicated with, mainland or
barrier island shores and coastal uplands.
(See Appendix A.)
o.
Currents. longshore or coastal:
Gulf or lagoonal currents in
deeper water. or beyond the surf zone, flowing generally
parallel to a given shoreline.
P. Development: Any man-made change to a parcel of land or
submerged or periodically emergent shoreline. by one or more
of the following activities:
construction, installation.
alteration,
demolition.
or
removal.
of
any
structure,
appurtenance,
impervious or permeable surface, driveway,
roadway, drainage facility. dock. buoy. or mooring apparatus;
clearing. scraping, grubbing, or otherwise removing and/or
killing, any and all vegetation; adding. removing, exposing.
excavating. channelling, grading. digging. burrowing, dumping.
piling. dredging. or otherwise disturbing the soil. mud. sand,
rock or other geological sediments thereon.
Q. Dune: Any semi-permanent or permanent mound, ridge, or terrace
of loose or unconsolidated sediments, usually composed of sand,
and occurring either singly or in a generally contiguous
series, lying shoreward of a given beach. often vegetated by
plants and trees of the coastal strand community and formed.
deposited, and moved by natural forces including wind or surf;
or those mounds. ridges and terraces constructed by artificial
mechanisms so as to replicate in size, shape, extent and
vegetative cover those features occurring in a natural system.
R. Elevation: The height in feet above mean sea level as
referenced to the National Geodetic Vertical Datum (NGVD).
116
(
c_
"_';~iO'/~.'
s.
Erosion:
Any of one or more natural or artificial processes
that results in the wearing away. recession, scouring. or
other removal of beach or dune waterial by wave action. tidal
currents. deflation. wind, or through the effects of natural
-~,:Jt~}j~d{;}~~~ C'l- ;'$9~f.1l;;,'::: ~.;;
or
artificially
or
emplaced
structures.
appurtenances
contrivances.
T.
Estuary:
The part of a coastal drainage basin usually semi-
enclosed from the sea, having a river. river mouth, or barrier
enclosed lagoon in which tidal seawater is appreciably diluted
by riverine or terrestrial freshwater flow or runoff.
u.
Flood or flooding:
A general, usually temporary or seasonal
condition resulting in partial or complete inundation of
normally, or seasonally, dry land areas as a result of overflow
of inland or tidal waters. wave, storm surge, or wind-driven
overwash; or other rapid and unusual accumulation of runoff.
surface waters; or marine or lagoonal hydrological trans-
gression caused by astronomical, hydrological or meteorological
phenomena.
v.
Foredune:
The dune front immediately landward of, and facing
toward. a beach.
w.
Foreshore:
The beach zone lying between high and low water
marks that is daily traversed by oscillating water lines as a
result of the rise and fall of the tide. and/or effects of
wind and other meteorological forces.
X. High (and low) water lines: The highest (and lowest) elevation
on a beach attained during astronomical or meteorological tidal
cycles.
117
Y.
Hvdrodvnamic loads:
.. -
Those forces resulting from a mass of
water in motion. e.g., the flow accompanying a storm surge.
z.
Hydrostatic loads:
lateral and vertical forces.
Those
including uplift, that result from a mass of water standing
either above or below the surface of the ground.
AA. Inlet (or Pass): A short, narrow. usually navigable, waterway,
or one that is relatively long compared to its width. often
passing through a bar, reef. shoal, or between islands, that
connects a bay, lagoon or similar body or water with a larger
(or parent) body of water.
BB. Jetty or groin: An artificial, or rip-rap embellished natural.
structure extending into a body of water, normal to a
particular shoreline, for the purpose of stabilizing channels
or entrapping sand or sediments being eroded from a shore.
CC. Littoral (or longshore) drift:
The movement approximately
parallel to a shoreline of sedimentary material in the littoral
or sublittoral zone under the influence of waves and currents.
DD. Littoral zone: The benthic area on a particular shore normally
exposed to air for a period of time owing to the retreat of an
astronomical or meteorological tide.
EE. }lean high water (MHW):
The average height of the highest
tidal incursions on a given shoreline during a 19-year period.
FF. Mean low water (MLW):
The average height of the lowest tidal
incursions on a given shoreline over a 19-year period.
GG. Mean sea level (MSL):
The average height of the sea surface
for all tidal cycles over a 19-year period.
118
(
HH. Mean tide level: The point midway between mean high water and
mean low water on a particular shore.
II. National Geodetic Vertical Datum: The vertical control
measured in feet, as correctedln 1929. used as a reference
for establishing varying elevations within a floodplain.
JJ. One hundred year storm: A hurricane or other storm having a
one percent (1%) chance of being equaled or exceeded in wind
strength in any given year during a IOO-year interval.
KK. Renourishment: The process of replenishing a beach with
naturally or non-naturally occurring materials, through
longshore transport. or by artificial means by man-made
deposition of materials dredged or obtained from the same
area or elsewhere.
LL. Revetment (or Rip-Rap): A sloping mound, layer, aggregate. or
unconsolidated or consolidated facing of stones. concrete
rubble. or other heavy. non-permeable materials built to
permanently protect a scarp. embankment, shoreline, and any
structures thereon, against erosion. scouring or sloughing or
slumping as a result of wave or current action.
}~. Rubble-mound structure: An amorphous mound of randomly-shaped
and positioned stones. rocks. or rubble protected with a
randomly orderly arranged cover layer of stones or selected or
specially shaped concrete armor units.
NN. Storm surge: The rise in normal water level on an open coast
owing to the combined effects of wind stress, and lowered
atmospheric pressure, during a storm or hurricane.
(
119
00. Storm tide:
The abnormally large rise in normal water level
on an open coast owing the occurrence of regular. or normally
high. tide in conjunction with wind-produced high water in a
storm or hurricane. When these factors are combined with a
storm surge (q.v.) catastrophically high tides may occur.
PP. Zone. Coastal conservation:
The area between the line of mean
high water and the CCCL, as indicated on the Collier County
CCCL map.
QQ. Zone. coastal construction building: The area behind the
coastal conservation zone and the CCCL as indicated on Collier
County CCCL map.
3. Lands to which this ordinance applies
A. This Ordinance shall apply to all coastal lands, including
mainland and barrier island shores and beaches, within the
geographical and jurisdictional limits of Collier County.
B. Those areas encompassing the nearshore. active beach, dune/
washover, and wetland zones which are located seaward of the
CCCL are hereby designated the Collier County Coastal Barrier.
or Coastal Mainland Protection Districts (CCCBPD, CCCMPD).
C. The Coastal Protection Districts as defined above are
ecologically and physiographically divisable into five (5)
zones. the boundaries of which are determined using techniques
and data presented in the publication Coastal Dynamics and
Beach Resources in Collier County, Florida. as provided by the
Environmental Section. Community Development Division (1983),
and Section Three, Article Five. herein. These data when
120
superimposed on DNR-generated aerial photographs of the CCCL
are hereby designated the Official Coastal Protection District
Maps.
D. Boundaries for construction, restrictions. or exceptions, as
Ir-",
set forth in this Ordinance shall be determined by scaling
distances on the Official Coastal Protection District (CPD)
Maps.
The County Environmentalist or his designee(s) shall
make those interpretations needed in order to allow a surveyor
or engineer to locate the exact boundaries of the CPD zones,
using vegetational, ecological. or physiographic character-
istics obtained from on-site visits or from aerial photography
and other such data available.
E. In accordance with data and principles presented in Coastal
(
Dynamics and Beach Resources in Collier County. Florida
the
Coastal Protection District zones, and the CCCL are considered
to be dynamic, and not static, in response to oceanographic
conditions, sea level fluctuations and storm activity. Thus.
both the Coastal and Barrier Island Protection Districts, and
the CCCL shall be reviewed every ten (10) years. and adjust-
ments made on the Official Coastal Protection District Maps.
In addition, if warranted. a review of boundaries will be made
following any storm or hurricane of such magnitude that large
portions of the mainland or coastal barrier island are damaged.
This review will be conducted by the County Environmentalist.
his designee(s), and personnel of the Division of Beaches and
(
Shores. DNR. in consultation with other County staff as may be
directed by the County Manager.
121
~... 'W .I"lV'lI'III>!
F. Reserved.
/
SECTION THREE
1. Establishment of setback lines
There is hereby established for Collier County, a coastal construc-
tion setback line, hereinafter termed the Coastal Construction
Control Line (CCCL), which shall be that coastal construction
setback line established by the Department of Natural Resources
of the State of Florida. pursuant to Section 161.053 of the Florida
Statutes and recorded in the Coastal Setback 'Line Book 1. pages 1
through 12 inclusive, recorded October 31, 1974. as Clerk's Instru-
ment No. 365665 of the Public Records of Collier County, Florida.
2. Activities prohibited seaward of the setback lines (Preservation
Zones)
Except as hereafter provided. no person. individual. corporation,
governmental agency whether local, County. State or Federal.
business trust. estate, partnership. association. two or more
persons having a j oint or common interest. or any other legal
entity. shall in any area seaward of the CCCL:
A. Construct, place, build. erect. extend. or materially alter
any structure, the use of which requires permanent or tempor-
ary location on or off. or supported above, the ground. nor
make any attachment to such a structure;
B. Remove, add. alter or modify any soil, sand. beach material or
indigenous substrate. by digging, excavating, dredging.
filling. drilling. cutting, scooping, hollowing out, or
otherwise cause any excavation to be made, whether such
122
materials are replaced or not. in their original condition or
not;
C. Alter. increase. reduce or employ any means whatsoever so as
to cause to be altered. increased, or reduced, any ground
<';i~,;".',',~i'",,';
elevations, or depressions. whether of a permanent nature or
not. or otherwise modify the presently existing natural
topographic contours of the area;
D. Introduce. emplace, insert. inject. pour on or into. discharge.
spread on or over. allow to percolate 'or flow on. into or
through or otherwise cause to be emitted, any fluid. liquid.
solid or gaseous materials or matter. not indigenous to and
naturally occurring thereon or therein;
E.
Damage or cause to be damaged any sand dune or any vegetation
(
comprising native Floridan species growing thereon;
F. Drive. tow. pedal, push, drag, draw. land or otherwise move
any wheeled. tracked, or other ground, water-borne. or airborne
vehicle, whether on runners. skids. sled or ski apparatus. and
powered by human effort or other animal power petroleum fuels
or other chemicals or any fuels requiring combustion. or any
nuclear or electrically powered contrivance or device, or by
utilizing the effects of wind. water, or any other motive
power, or otherwise cause to enter or be introduced within,
onto, along. over or across any sand dune or beach area part
of. or contiguous on, the seaward side of the CCCL;
G. Introduce, plant, cultivate. seed, or otherwise grow or cause
to be introduced so as to grow or become established. any non-
c=_ "
'\;',{,
native Floridan species of vegetation, particularly those
123
species classified as noxious exotics under the Collier County
Vegetative Ordinance;
H. Dock, moor, run aground or ashore. beach, careen, anchor, tie.
or otherwise introduce onto or fasten to any structure on, or
adj acent to, or across the areal extent, any waterborne or
seagoing vessel or vehicle of any type whatsoever;
3. Activities prohibited or restricted on other parts of the Coastal
Mainland and Barrier Island Protection Districts (Coastal Zone)
A. Except as provided hereafter. no construction, alteration,
land clearing, or other topographic modifications shall be
permit ted:
i. Seaward of. or within a minimum distance of 50 feet
landward behind the beachfront bluff or storm berm line,
or that line determined by those points located on the
seaward-most edge of the elevated. vegetated banks or
ridges adjacent to high-energy beaches fronting the Gulf
of Mexico; in areas where no marked bluff or storm berm
line occurs, recourse shall be had to the nearest clearly
marked bluff or storm berm line on each side of such
area; and the bluff or storm berm line for the unmarked
area shall be the line of average or constant elevation
connecting the two adjacent, clearly marked bluff or
storm berm lines;
i1. Seaward of or in the immediate area to a distance of 50
feet landward of any beachfront dune line, or a line
determined by the crests or the highest points in
elevation of existing, vegetated sand dunes along high-
124
energy beaches fronting the Gulf of Mexico; in any area
where no clearly defined dune line exists, recourse shall
be had to the nearest dune line so marked on each side of
"',""",,-,~,,,<
the area; and the dune line for the unmarked area shall' "
~i\1'Ml'Il!i," ,..'
be the line of average or constant elevation connecting
the two adjacent dune lines; provided that the location
of such line shall not be based upon occasional. un-
vegetated sand dunes nor upon the artificial addition to.
or removal of sand dunes along the beach;
Hi. Seaward of. or within a distance of 50 feet landward of
the beachfront vegetation line. or a line determined on
coastal property by the seaward boundary of natural
terrestrial vegetation.
provided however
that
such
(
vegetation line is not dominated by Beachfront Pioneer
Indicator Vegetation
(Appendix A-I).
nor Submerged
Wetlands Indicator Vegetation (Appedix A-2); in any area
where there is no clearly marked line of terrestrial
vegetation, recourse shall be had to the nearest clearly
marked vegetation lines on each side of such area, and
the vegetation line for the unmarked area shall be the
line of average or constant elevation connecting the two
adjacent lines of vegetation.
The location of such line
shall not be based upon occasional vegetation on the
shore nor upon the artificial addition or removal of any
land or vegetation contained thereon;
(
125
iv. Within, or to a minimum distance of 100 feet landward
behind, any beach area dominated by Beachfront Pioneer
Indicator Vegetation;
v. Within any area supporting. or to a distance of 50 feet
upland of the landward limits of, Submerged Wetlands
Indicator Vegetation. provided such vegetation constitutes
the dominant plant species and spreads naturally and con-
tinuously inland from the shore, and is not occurring as
a result of artificial means such" as mosquito control
ditches or irrigation canals. nor is to be found solely
in isolated patches well inland from the natural area of
the wetlands communities;
vi. Within the ~aters of the Gulf of Mexico, and all associ-
ated natural and artificial bays, inlets, estuaries.
rivers. tidal creeks, lagoons, or other surface water
bodies fronting, or contiguous with, any high-energy
beaches of the Gulf of Mexico. and having a measurable
chloride content of 10 ppm or greater, and subject to
tidal ebb and flow under normal meteorological conditions;
4. Activities restricted on other parts of the Coastal Mainland and
Barrier Island Protection District (Conservation-permitting Zone)
Except as provided below. no construction, alteration or land
clearing deemed incompatible shall be permitted in the area of
coastal property of the Coastal Mainland or Barrier Island Pro-
tection Districts extending 150 feet landward of the CCCL line. or
----- - ----
as occurring within those zones specifically established pursuant
to Section Three, Article 5 of this Ordinance. or the area landward
126
(
(
5.
of the CCCL on which any species or combination of species
designated as Beachfront Pioneer Indicator Vegetation, or Submerged
Wetlands Indicator Vegetation. constitutes the dominant plant
species. whichever distance is greater. without obtaining a specific
Coastal Protection District Development Variance. and permit, and
filing an Environmental Impact statement in regard to any zones that
may be affected, therein.
Coastal Mainland and Barrier Island Zones
For purposes of this Ordinance the following'zones are delineated
and specifically include all lands contained therein, and all native
Floridan vegetational species growing thereon. Each of these zones
may be deemed Incompatible, Provisional, or Compatible in regard to
constructional. alteration, or topographic or vegetative modifica-
tion therein. depending on the type, magnitude. and duration of
activity proposed.
A.
Nearshore Zone:
That area extending seaward or lagoonward
from mean high water on the beach and comprising the littoral
and sublittoral zones. and characterized or dominated by
Submerged Wetland Indicator Vegetation (Appendix A-I);
B. Active Beach Zone: That area extending landward from the
littoral zone. or surf zone, to the Beachfront Vegetation
Line. and characterized or dominated by Beachfront Pioneer
Indicator Vegetation (Appendix A-2).
C. Dune/Washover Zone: That area extending landward from the
Beachfront Dune Line to, and including the seaward boundary of,
127
natural terrestrial vegetation of the Coastal Strand or Forest
Assemblage, and characterized or dominated by Beachfront
Scrubzone Indicator Vegetation (Appendix A-3).
D. Back Barrier Zone: That area found only on barrier islands
and extending from the highest dune ridge. whether vegetated
or not. lagoonward toward the upland limits of the Wetland
Zone. and characterized or dominated by vegetation of the
Coastal Strand. or Forest (Appendix A-4). or any combination of
Beachfront Scrubzone Indicator Vegetatio~ (Appendix A-3) and
these;
E. Wetland Zone: That are lagoonward of both Barrier Island and
Coastal Mainland characterized or dominated by Transitional
Wetlands Indicator Vegetation (Appendix A-5) and/or Submerged
Wetland Indicator Vegetation (Appendix A-I).
SECTION FOUR
1. Establishment of a Coastal Protection District Development Variance
A development variance shall be required in conformance with the
provisions of this Ordinance prior to obtaining a development
permit. and to the commencement of any developmental activities
considered to be Compatible or Provisional according to the per-
formance standards delineated below. The development variance
shall be issued by the Collier County Board of County Commissioners
only after considering written recommendations from the County
Environmentalist. and any other State or Federal Agency, and only
after an advertised public hearing to consider BCC and public
opinion on the need for such variance.
128
(
~
c
A. For purposes of this Ordinance any and all development acti-
vities shall be classified as to one of the following
categories:
i.
Incompatible:
Proposed activities which in sum total are
preponderantly deleterious. or will produce a clear and
overwhelmingly negative impact on the Protection District
and in any of one or several of the zones contained
therein;
ii. Provisional:
Proposed activities which in sum total may
not be preponderantly deleterious. but which. if they
are, may be mitigated. or which produce a greater good
than harm on the Protection District in any of one or
several of the zones contained therein, depending on
specific conditions and stipulations attached thereto;
iii. Compatible:
Proposed activities which in sum total are
preponderantly beneficial, or which clearly outweigh
possible or probable deleterious effects. or which have a
clearly non-negative. neutral. or positive impact on the
Protection District and in any of one or several of the
zones contained therein.
No development variance will be issued until the property
-"_. ~"""'.''''''-'--'';~''"~''''''''""'''''W<iU':'';;;,,.~ "~~:::':~:_~':t'-~~-!II>>~';"
owner. his agent or other designee conclusively proves that
~;;;';:'~',-:'--."~"";'~"i;.:.."",,,";"
the proposed Provisional or Compatible activity will:
.._~-- ~
i. Not have a detrimental effect on any part of the seaward
Nearshore and Active Beach Zones, and Lagoonal Wetland
~"_.,,"~,~".
Zones;
,....:....~......... .-
~'"
(~~
ii. Not have a continual or major detrimental affect on the
structural
integrity.
position,
size,
sedimentary
composition, topographic profile. or native Floridan
vegetational cover of any sand dune, dune system, or beach
bluff. or to any adjacent littoral and upland properties;
iii. Produce only a minimal disturbance of any Beachfront
Pioneer Indicator Vegetation,
and Submerged Wetland
Indicator Vegetation;
iv. Produce only moderate or minimally 'acceptable alteration
of all other native Floridan upland vegetation as
determined by the County Environmentalist;
v. Not cause, or be a cause, whether directly or iIldirectly.
of any erosion, reliction, revulsion, shoaling ~/~UIing.
or adverse accretion to any beach area. whether owned _~__
the developer, or adj acent to and removed from the area
proposed for development;
vi. Be undertaken in such a manner as to provide maximum pro-
tection for any beachfront dunes. bluffs and vegetation
necessary for maintaing the stability and protective
features of high-energy beaches;
vii. Preserve
coastal wetlands
vegetation necessary
for
providing a natural habitat for marine and estuarine
organisms and other associated wildlife. for protecting
upland property from flood and erosion damage, and for
minimizing the adverse effects of upland pollution on the
quality of coastal wdters directly and indirectly affected
by the development;
130
viii. Act to ensure that coastal and barrier island properties
and their contiguous coastal waters retain their economic
recreational, and aesthetic value, both for adjacent
owners and for the general public;
ix. Reasonably assure that the construction of any structures
elevated on pilings, or supported in some other manner
above the substrate. such as catwalks, docks, piers. boat
shelters. footbridges. observation decks, elevated gazebos
and other similar structures. shall' be so constructed as
to permit the normal unobstructed ebb and flow of coastal
tidal waters, upland drainage or runoff. or other water
courses. or emplaced to preserve and protect the maximal
--~:.:;;:~:.::....,.;;,;~.
natural contours and vegetation, both terrerstrial and
(
aquatic, on any coastal property. beach. littoral or
sublittoral zone;
x. Be in compliance with the stipulations and standards of
the National Flood Insurance Program;
xi. Take into consideration, as far as is practicable, and in
conjunction
wtih
good
construction
practices
and
standards, the data and recommendations produced by the
FEMA Program. 1973. for the particular Coastal Mainland
or Barrier Island Protection District in question;
~ xii. Be both temporary and necessary, and that the proj ect
owner or developer agrees to immediate removal of all
non-essential
structures
following
completion
of
construction activity. and further agrees to a complete
( ~
and full restoration of the site to previously existing
131
natural conditions in regard to topography, physiography
and native Floridan ,,~~etation.
C. No structure or land shall hereafter be located, extended,
converted, or otherwise altered without full compliance with
the terms of this Ordinance and other applicable regulations,
except as may be provided in Article 7 A, or Article 8.
D. Granting of any variance shall be for a time period not to
exceed six (6) months for repair. removal. repositioning or
.
replacement of any structure, appurtenance. or addition to
either;
for
construction
of
new
structures,
including
cotnmerical and non-commercial habitations.
or structures
requiring extensive excavation or topographic alteration of
land, the duration of such variance (s) as are granted shall
not exceed one year; at the end of such time periods the
variance so granted shall become null and void.
If construc-
tion or other structural or land modification activities are
incomplete. a new permit and variance must be obtained before
such activity may continue.
E. Variances and permits which are renewed, or which in excep-
tional instances are continued, shall have at least the same
stipulations and restrictions as those of the original permit
and variance.
F. Except as provided below, no permit may be modified. nor any
variance changed in any manner in regard to stipulated and
conditional activities. Persons desiring emendation of permits
or variances must apply for cancellation of all affected
previous permits and variances. and re-apply for new permits
r'
132
and variances. stipulating such changes in conditions and
restrictions as may be desired, and which can be supported
or shown to be reasonable, in the permit and variance applica-
tion.
G. In extraordinary circumstances, demonstrable by the applicant,
developer. or his agent. a variance may be continued if, in
the judgement of the County Environmentalist such continuance
will not substantially modify the conditions, stipulations,
and restrictions of the original permit and variance.
H. The County Environmentalist or his designee(s) shall have sole
power to modify such restrictions, conditions and stipulations
of a variance if. in their judgement. such modifications do
not materially affect the original conditions by and for which
(
the variance was originally granted. It shall be encumbent on
the applicant to demonstrate sufficiently that the requested
modifications are of a minor nature, and such as to require
only administrative approval or change.
The following
modifications shall not be considered as of a minor nature.
and thus will require application for new permit and variance:
i. Alteration or removal of more than 20% of the originally
approved amount of any native Floridan vegetation on a
site. for any reason;
ii Topographic alteration of any foreshore or sand dune, or
requests for any constructional or alterational activities
of any kind on or seaward of the storm berm line;
(.
,/"'-""",,-,
( "133\\
"'~.
iii. Any excavation requiring the removal of more than twenty
(20) cubic yards of soil. sand or other sediments over
the originally approved amount;
iv. Any relocation, repositioning (alteration of facing
direction). or change in height, length. width, depth. or
areal extent of any building, swimming pool. or other
permanent constructional feature; modification of any
kind in regard to impervious structures or constructs,
including, but not limited to, parking lots. roadways.
sidewalks, patios. shuffleboard courts. tennis courts,
bike or jogging paths, boat docks or shelters, piers,
footbridges,
modification
catwalks,
dune
cross
or
walk-overs;
type, size,
or alteration in
regard
to
emplacement, depth. volumetric extent. methodology of
emplacement. or other conditions involved with sewage or
water mains. drainage and spreader swales. gulleys.
gutters or other terrestrial drainage features, or buried
electrical and
telephone wires.
cables
or service
operations, or other electronic devices;
v. Any modification or alteration of type, size. amount,
positioning, method of emplacement. and means of securing
any permitted revetment or rip rap materials, or any
bulkhead or seawall system, or any jetty. groin. or other
beach hardening or channel stabilizing structures or
constructions.
vi. Any modification or alteration in the amount. type,
sedimentary
size
and
characteristics,
emplacement.
134
(
(
methodology of emplacement. and means of stabilizing or
securing, any constructional or other fill material or
beach renourishment soils brought onto the site.
2. Establishment of a Coastal Protection District Development Permit
, ".'.f '\li:~;:~"",
<"p<','J.;
A development permit shall be required in conformance with the
provisions of this Ordinance prior to the commencement of any
Provisional or Compatible developmental activities meeting the
requirements and performance standards of this Ordinance.
This
permit shall be issued administratively by the County Environmen-
ta1ist following a complete review, including the submission of an
Environmental Impact Statement by the developer if required, of the
proposed activity.
3.
Submission of applications for Coastal Protection District
Development
A. The applicant shall submit to the County Environmentalist four
(4) copies of the application for any and all developmental
activities in the Coastal Mainland. or Barrier Island Protec-
tion Districts. using forms provided by the Community Develop-
ment Division. The applicant shall also submit four (4) copies
of any other materials that may be necessary to allow the
County Environmentalist or his designee(s) to render a proper
recommendation on the proposed activity.
B. A non-refundable application fee of $25.00 per each site shall
be charged to the application, and for each and every
subsequent application or modification thereof as may be
required.
Such fee (s) will be paid to the County Environ-
mental Section at the time of application, and are hereby
135
declared to be necessary for the purpose of processing and
reviewing the applications. Additional application fees.
for continuance or renewal, nay be ajusted by Board Resolu-
tion in accordance with the Collier County Administrative Code.
4. Permit Categories
Three (3) permit categories are provided, as follows:
A. Class I: Required for any construction. alteration, dredging,
excavation, filling, topographic modification, or vegetation
removal or alteration classified as Provisional or Compatible,
in, or upon any tidal waters, including tributarial lagoonal
creeks. Gulf of Mexico or associated bay or lagoonal waters or
bottom lands. or in coastal mainland or barrier island
associated wetlands.
B. Class II: Required for any construction. alteration. dredging,
excavation, filling, topographic modification, or vegetation
removal or alteration classified as Provisional or Compatible,
in, on, upon. or contiguous to. any land area seaward to the
CCCL. or any non-tidal lakes. canals, rivers and other
non-tidal water areas and waterfronts associated with such
area.
C.
Class III:
Required for any construction. alteration.
dredging. excavation, filling, topographic modification, or
vegetation removal or alteration classified as Provisional or
Compatible. in. on, upon, or contiguous to any area landward of
the CCCL. and for any dune or dunal systems. coastal ricges,
and other upland areas which, by virtue of their ecology and
contained biota, are deemed Environmentally Sensitive.
136
(
Determination of permit classification shall be made by the County
Environmentalist. his designee(s). and other County staff. based on
information provided by the applicant, and an assessment of same in
regard to existing environmental data.
D. Projects requiring either Class I. II. or III permits include,
but are not limited to. one or more of the following:
i. Repair or replacement of seawalls or bulkheads not
exceeding three hundred feet (300 ft) in length at the
mean highwater line or above. or o'ne hundred and fifty
feet (150 ft) at any area below mean high water line, or
any area seaward of the CCCL regardless of the position
of mean high water;
H. Construction of any dock(s). provided that the proposed
dock(s) extend(s) twenty-five (25) feet or less seaward
or wa terward of an existing seawall. bulkhead. or non-
wetland or non-active beach shoreline. and further
provided that such dock(s) and all associated tie-up
facilities. do not protru~e into the water for a distance
greater than twenty-five percent (25%) of the width of
the waterway or water area. or forty feet (40 ft).
whichever is less. No dredging or filling shall be
associated with this proj ect,
other boat storage or boat
allowed;
Hi. Repair or restoration of docks or dock pilings provided
nor shall any marina or
residence facilities be
that such repair or restoration does not exceed original
(
137
dimensions and number of piling, and does not exceed the
restrictions in ii) above;
iv. Installation or replacement of mooring buoys. pilings or
other anchoring devices, provided that such installation
meets all criteria for benthic instrusions in environ-
mentally sensitive areas, and does not present a hazard to
navigation;
v. Maintenance dredging proj ects involving the removal from
any submerged lands of more than one thousand (1000)
cubic yards (seven hundred sixty-five; 765 cubic meters)
of material, and where such material is to be placed on a
self-contained upland site;
vi. Emplacement of new riprap or other rock or hard material
revetments in front of an existing seawall. bulkhead, or
non-wetland or non-active beach shoreline, and provided
that such emplacement produces no adverse environmental
impact during or after completion of the project;
vii. Construction of any new seawalls or bulkheads, not
exceeding 200 feet (200 ft) overall length, at the mean
high water line. and provided that such seawalls or
bulkheads are not emplaced against a wetland or active
beach shoreline;
viii.Repair or replacement of wave baffles. provided that such
occurs only at their original site. comprises only the
original type. dimensions and construction unless it can
be demonstrated tbat a new design is environmentally less
deleterious;
138
ix. Installation of subaqueous cable, pipelines. or other
conduits. from one shoreline to another. and where
dredging and backfilling are required;
x. Installation of aids to navigation. whether by authorized
governmental,
military.
or state,
county or
local
agencies, or privately maintained;
xi. Repair or replacement of any bridge, dock. or other
in-water fender systems;
xii. Repair or replacement of any bridge,. walkway, footpath,
cross-over. or other viaduct. to its original dimensions
or less;
xiii.Initiation of any waterborne transport system of a
continual or periodically recurring nature. such as
(
ferries, sightseeing vessels, commercial cruise vessels of
any type and size, which continually and repeatedly
transgress or pass over any submerged sea or lagoonal
bottom that can be. or has been, deemed Environmentally
Sensitive;
xiv. Construction of any artificial reef;
xv. Construction of any onshore or offshore beach-hardening
or stabilizing structures. including but not limited to
groins, jetties. shore-parallel revetments. wave baffles,
or other devices for damping hydrodynamic forces;
xvi. Construction of any over-water commercial. residential.
utilitarian or accessory structure. whether emplaced on
stilts. pilings, or other permanent supports. or attached
(
'-
to pontoons, hull(s), or other floatation devices u
139
structures and moored temporarily or permanently on, off.
or to the shore by any means.
5. Permit Application Requirements
All applicants for development in any portion of the Coastal
Mainland or Barrier Island Protection Districts within the unin-
corporated area of Collier County shall submit the following infor-
mation in the application for a permit.
A. General Information
i. Full name of project;
''0
ii. Evidence of ownership on the land including legal
description of the property, size of parcel in square
feet. acres or other appropriate units;
Hi. Generic description of property, including subdivisional
names, street addresses, and general location;
iv. Name. address and telephone number of the applicant. or
representative firm, business, agency or other legal
entity;
v. Name, address, signature. Competency Card Number and
registration of any architect(s) and engineer(s) who
proposed or designed the project;
vi. Name. address, telephone number, Competency Card Number,
and License or Registration of person(s) or firm actually
undertaking the activity applied for. or doing the
proposed work on-site.
B. Existing Site Information
i. A clear, detailed aerial photograph, minimum 8 x 10
inches, of the site;
140
if. Vicinity map with street names and other appropriately
labelled reference points (e.g., buildings. bays. creeks).
showing relationship of proposed development to sur-
rounding parcels;
iii. A plot plan showing the following:
a. north arrow
b. all lot dimensions
c. existing habitable and accessory structures on site
d. description and position of 'existing vegetation.
including delineation of native Floridan vegetation
or assemblages. pursuant to Vegetation Ordinance
Standards (Ordinance 84-00)
existing location of mean high water line, dune
vegetation line. and any storm berms or beach bluffs
on site as of date of application
location. type. and dimensions of all existing shore
(
(
e.
f.
protection structures
g. location and linear extent of the CCCL. its distance
from the dune vegetation line.
the mean high water
and/or protective
line,
any
major
habitable
h.
structures existing on the property
description of the variance in the CCCL desired by
the-applicant
a plan for providing unrestricted public access to
any part of the beach and littoral and sublittoral
areas therein by dedicating an easement pursuant to
specifications in the Collier County Code. inclu<Ung
141
1.
mitigation or amelioration should such access be
destroyed by changes in beach elevation owing to
meteorological, hydrodynamical or oceanographical
forces.
iv. Existing site topography using one (1) foot contour
intervals in depicting the proposed site of development,
and its relationship to surrounding area;
v. Any available information on maximum wave-uprush. or dune
washover areas. obtained from recent adverse meteorologi-
cal activity, plus a statement as to how such factors
will affect the site and the proposed development;
vi. A detailed, signed report from a licensed or professional
Coastal Zone Specialist. Coastal Geomorphologist. Ocean
or Hydrological Engineer stating the possible impacts the
proposed activity will have on the coastal zone and areas
adjacent to the site in question;
vii. A minimum of three (3) reduction copies. ~ x 11 inches
each, of the plot plan for each copy of the applications
in those cases where the plan is larger than these
dimensions.
C. Description of Proposed Developmental Activity
i. Describe the proposed activity in detail, providing all
methodologies needed to accomplish the task;
ii. Explain the proposed work schedule. including proj ected
dates of beginning and completion, for the developmental
activity;
142
(
iii. Provide a plot plan specifically delineating the locations
and dimensions of the proposed activity. the distances of
such activities from existing structures now on, or
adjacent to. the site, how and where this activity affects
the CCCL. dune vegetation line. and/or any storm berm,
beach bluffs or other storm penetration lines. and the
impact such activity will have on any Coastal Mainland or
Barrier Island zone areas or their respective boundaries
(q.v. Section Three, Article 5); NbTE: This plot plan
MUST be in the form of an overlay on the existing site
information plot plan, and shall clearly show all features
and any proposed modifications thereto.
iv. Provide a minimum of three (3) reduction copies of the
plot plan with each copy of the application. these not to
exceed 8~ x 11 inches. when the original is larger than
these dimensions; NOTE:
These reduction copies need not
"
be transparencies, although such would aid in final
interpretation and decision by the County Environmental-
ist and his staff;
v. Provide detailed construction diagrams, including plane
and elevation views. of all structures, and include a
complete description of materials to be used in such
construction;
vi. Provide a cost estimate for the proposed activity.
Applications for the repair of existing structures damaged
as a consequence of meteorological or hydro-dynamical or
oceanographical activity should also include a current
143
estimate of the value of the structure to be repaired.
Current value may be computed as equal to the original
cost of construction (adjusted for inflation), minus the
cost of repairs needed to restore or replace substandard
or unsafe portions of the structure.
vii. Provide a fully detailed plan on mitigation or restoration
of any vegetated. dunal. or foreshore areas disturbed by
construction or construction-related activities of any
kind;
including
type of
,
restoration,
areal extent.
methodology. supplies and equipment used, time frame
including proj ected date of completion, cost estimates,
and any other data deemed necessary by the County
Environmentalist, in mitigating or restoring the area so
disturbed.
D. Provide a properly executed legal instrument, approved by the
County Attorney as to form and sufficiency, that binds the
applicant, his or her heirs, successors, and all other future
owners of the property to the restrictions. stipulations and
easements agreed to by the original applicant.
NOTE:
Failure to comply exactly with the above stipulations may
result in summary rejection of the application and loss of
application fee. requiring subsequent resubmission. repayment
of any and all fees, and other requirements of the application.
E. In obtaining a permit and variance for any type of construc-
tion or modification in the Coastal Mainland and Barrier Island
Protection Districts, the applicant. developer, or their
respective agents or designees acknowledge the requirement
144
of the following conditions:
1. ~os!:_ing of a performance bond refundable upon corr.pletion
of the proj ect and the satisfactory inspection by the
County Environmentalist that all conditions. stipulations
and restrictions of the permit and variance have been ~et
or adhered to pursuant to Ordinance No. 84-00.
ii. Agreement to allow on-site inspection of the project
during any and all reasonable hours. by the County
Environmentalist or his properly designated agents;
iii. Agreement to any changes or modifications administra-
tively made by the County Environmentalist as tr.ay. from
time to time, become necessary or applicable as a con-
sequence of acts of God, changes in natural or environ-
mental conditions or requirements. or to other oodifica-
tions as deemed necessary by the County Environmentalist
or his designee in order to ensure the stability and
protective features of any beachfront dunes. bluffs,
vegetation lines, and other characteristics of high-
energy beaches, or for protecting and preserving coastal
wetlands and associated vegetation as a viable and natural
habitat for all contained biota.
F. Amounts of performance bond (s) shall be computed as follows:
For areas determined not to be Environmentally Sensitive. a
minimum of five hundred dollars ($500.00) or twenty-five
percent (25%) of the estimated cost of the work; for areas or
any part thereof determined to be environmentally sensitive
said bond shall be equal to one hundred percent (100%) of the
145
estimated cost of the work; such bonds ...'ill guara:;.tee
compliance with terms of the permit and protect the interest
of the general public and landowners in the vicinity of the
work.
G. The required bond shall remain in effect for a minimum of six
(6) months beyond the actual completion date of such work, and
shall only be released after written certification by the
permitee's engineer or architect, and subsequent determination
by the County Environmentalist or his designee (s), that the
work was done in co~pliance with the approved plan.
H. At the discretion of the County Environmentalist the require-
ment concerning posting of a performance bond may be v.'aived
for the following projects:
i. Any repair of privately ow~ed seawalls or bulkheads
personally undertaken by the owner of same and not by
commercial company, provided such repair occurs on the
owner's property. and the total length of the sea\o.'all or
bulkhead to be repaired does not exceed 100 feet, and any
repairs take place at ~ean high water line or at the
original location or the seawall or bulkhead;
ii. Replacement of previously existing riprap in front of an
existing seawall, or previously riprapped shoreline,
provided no greater incursion than originally occurred is
allowed into the littoral or sublittoral area so affected;
iii. \olhere upland property is zoned single family residential
and the following projects are deemed not to have adverse
environmental impacts:
146
a. repair of restoration of docks by the land owner
provided such are limited to their original
dirr.ensions or less, and ',..:hich do not require pile-
driving or piling emplacement. nor any associated
dredging and filling;
b. installation of privately maintained floating buoys,
channel markers,
or other aids to navigation.
provided that such installation is not, nor will
conceivably become. a hazard to 'navigation;
c. any work or proj ect falling under the jurisdiction
of owner-builder permits, therefore waiving the
requirement for a permit issued to a certified
contractor;
iv. \.J'orks performed by any utility company when such can be
shown to be of an emergency nature. required to allow
completion or access to a given site and is not env-
ironmentally deleterious, or undertaken in a routine
day to day manner of maintenance or repair.
v. Selected activities undertaken by any city, county. state,
or federal governmental, regulatory, law enforcement, or
environrr.ental agency.
5. Exemptions
The provisions and terms of this Ordinance shall apply to all lands
and structures thereon, whether existing or proposed. within the
Collier County Coastal Mainland. and Barrier Island Protection
Districts. except as provided below.
'<
\
147,
A. If, in the ir;:r.;ediately contiguous or adjacent area one, or a
number of existing structures have been established for a
period of time equal or greater than ten (10) years before the
date of passage of this Ordinance, and such structures form a
reasonably continuous and uniform construction line closer to
the line of Mean High Water than that established by the CCCL
herein;
B. If one, or several of any previously existing structures have
been established for a period of time less than ten (10) years
before the date of passage of this Ordinance, but said
structures can be shown not to have been unduly affected by
erosion such that they are not, or may reasonably be expected
not to be, in imminent danger of collapse or inundation;
C. If one, or several of any previously existing structures
although situated beyond the permitted limits of the CCCL are
certified by a licensed engineer or architect to be struc-
turally sound and capable of withstanding hydrodynamic and
meteorological forces as may be present in a 25 year storm or
hurricane;
D. If one, or several of any previously existing structures can
be reasonably sho....ll to conform to construction type, setting,
foundation, aod materials as that in adjacent structures
existing for a period of ten (10) or more years before the
date of f ioal passage of this Ordinance; provided, however,
that in the event of major damage to, or loss of such
structures defined in Articles A-D, through action of storm,
hurricane. tide, tidal or storm surge, wave overwash. or other
148
natural hydrodynamical, meteorological or oceanographical
conditions. such structure(s) will mandatorily be removed
landward when rebuilt or reestablished, so as to conform to
the CCCL line;
E. If. in the case of a proposed structure, it can be shown by a
professional oceanographer, ocean engineer. coastal zone
specialist. or licensed and certified civil or hydrological
engineer. that construction thereof is not reasonably expected
to cause erosion, adverse accretion. or 'other inimical impact
to the beach or adjacent areas in which the proposed structure
is to be established;
F. If, in the case of any proposed construction or other develop-
ment within the zones delineated above, it can be reasonably
demonstrated by a professional ecologist, biologist. botanist.
or environmental specialist that such construction or other
development will not have adverse impact, endanger public
health and safety. or that of the immediately surrounding
environment, and will only produce minimal or transitory effect
on the biota and ecology of the Coastal Mainland or Barrier
Island systems so affected;
G. If, in the case of any removal of native Floridan or exotic
vegetation it can be reasonably demonstrated that such activity
will be accomplished so as to entail minimum environmental
damage to the CCCL area or any ecosystem within the five zones
of the Coastal Mainland or Barrier Island Protection Districts
as determined by the County Environmentalist;
149
H. If any construction, alteration. or land cle.:lring activity is
required, or is of a necessity, to allow the followinb entities
or agencies to accomplish their goals or missions in a
reasonable and expeditious manner:
i. Licensed and registered land surveyors;
ii. Public or private utilities;
iii. Any County, State or Federal environmental protection
agency;
iv. Any City, County,
State or Federal law enforcement
agencies;
v. Any public health, mosquito control, or epidemiological
agencies;
vi. Any emergency or fire-fighting departments, or other
disaster-related agencies or entities;
vii. Any City, County or State post-catastrophe clean-up crews;
viii.Any members of the Florida Came and Freshwater Fish
Corrmission, Florida Marine Patrol, or Federal, Florida
State, or County, Park Rangers;
ix. Any person, group or agency which, in the judgement of
the County Environmentalist, has a right or need to
undertake specific activities \o."hich will render benefits
for the public good.
I. If, as a provision for, or a consequence of, damaging storms
or
hurricanes,
any
non-conforming
structures
previously
constructed seaward of the CCCL, which have their foundations
intact, but otherwise require repair or alteration, and such
150
repair or alteration is provisional and on an emergency basis
and does not entail:
i. Complete or substantial replacement of foundation;
ii. Shoring up of any structure;
iii. Construction or reconstruction of any seawall or bulkhead;
iv. Construction or reconstruction of surface or subsurface
cement slabs. or;
v. Emplacement of old or new pilings, mooring posts. wharves
or docks, or;
vi. Movement or repositioning of fill lost through storm
damage, erosion. or other natural meteorological. hydro-
dynamical or oceanographical action.
Otherwise, nothing contained herein shall be construed to
permit continuing or further encroachment beyond the CCCL
without first obtaining a variance and approval from the County
Environmentalist and Board of County Commissioners. Moreover.
the County Environmentalist or his designee(s) may require
modification or relocation of such existing structures. even if
the foundation is intact. if it can be demonstrated that such
habitable or ether structure is. or '\o,ifll again be placed, in
ir.~inent threat of destruction and no suitable alternative
exists which would be less deleterious to the beach and
adjacent properties. and the health and safety of every
citizen;
J. The provisions of this ordinance shall not apply to any
non-permanent shelters or covers erected for recreational or
~rotective purposes in any zone within any Coastal Mainland or
151
Barrier Island Protection District, such as beach umbrellas,
cabanas, tents, sunshades, screened portable gazebos, and such
other temporary, portable shelters and covers as may be com-
patible with recreational use within each zone;
K. Nor shall the provisions of this ordinance apply to any
excavations, alterations, or topographical ~odifications
amounting to one (1) cubic yard or less of any beach or sand
dune area, when done for, or as a consequence of. recreational
purposes consistent and compatible with that normally occurring
on a public beach; provided however, that such excavations,
alterations or topographical modifications are accomplished by
hand. and do not disturb, alter, harm, remove, or cause to die,
any nat ive Florida vegetation characteristic of such areas.
SECTION FIVE
1. Abrogation and Greater Restrictions
This Ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions.
However,
where this Ordinance and other legal conditions conflict or
overlap, whichever imposes the more stringent restrictions shall
prevail.
2. Interpretation
In the interpretation &nd application of this Ordinance, all
provisions shall be:
i. considered as minimum requirements;
ii. liberally construed in favor of the governing body; and
iii.,deemed neither to limit nor repeal any powers grLlnted under
statutes of the State of Florida.
152
3. Warning and Disclaimer of Liability
The degree of protection against coastal storm, tide, or other
meteorological. hydrodynamical or oceanographical hazards that is
addressed and required by this Ordinance is based on presently
acceptable scientific and engineering data.
Maj or coastal storms
that flood and cause destruction to areas outside the Coastal
Mainland. or Barrier Island Protection Districts, can occur at any
time. The extent of coastal flooding and the degree of concomitant.
and storm-associated damage may be increased by man- made or natural
causes. This Ordinance does not imply, nor is it meant to construe,
that land outside the two Coastal and Barrier Island Protection
Districts, or such use of land within these Districts. will be
free flooding or storm damages. This Ordinance shall not create
any liability whatsoever on the part of Collier County, its
governing bodies, or by any officer or employee thereof for flood
or storm damages of any kind that may be incurred as a result of
such storms. and/or by reliance on this Ordinance or any admi-
nistrative decision lawfully made thereunder. Furthermore
compliance with the reco~ended setback line does not imply that
structures will be safe or even reasonably risk-free. Property
owners and developers are therefore strongly urged to seek the
assistance of design professionals who are familiar with Gulf-front
construction in order that they may have a reasonably safe
structure which will have a minimum adverse effect to the beach
area.
153
SEcnm; SIX
1. Appeal
A. Any person who feels aggrieved by the application of this
Ordinance may file, within five (5) days after said grievance,
a petition with the County Environmentalist requesting that
his case be reviewed and acted upon by the Collier County
Board of County Conmissioners.
B. The notice of appeal shall recite the explicit reasons why
such an appeal is being made, and provi'de an alternative to
any action or decision imposed by the County Environmentalist,
his designee(s), or other County agent(s) or employee(s).
C. Each appeal shall be accompanied by a fee of twenty-five
dollars ($25.00), which shall be sufficient to cover the cost
of processing said appeal.
The Board of Adjustments shall
have the power to hear all such appeals. and for that purpose
shall adopt rules for the conduct of such hearings, which
rules shall uniformly apply to all such appeals, and shall
further provide that both the appellant and appellee, and both
of their arguments, be heard.
D. Following the hearing of any appeal the Board of Adjustments
shall render its decision in writing, containing an enumera-
tion of all the facts, and listing of all the findings based
upon evidence provided by both appellant and appellee at the
hearing. Such decisions by the Board shall be final and
binding on the parties contigent to the hearing.
154
2. Variance Relief
A. For purposes of this Ordinance, relief obtained therefrom
shall be based on untenable hardship innurring to the appli-
cant, should the applicant be prohibited from constructing,
repairing. replacing or otherwise modifying any structure
within or adjacent to the CCCL; excavating, altering, or
topographically modifying any portion of the forebeach,
backbeach, storm berm or bluff. sand dune or dunal system.
within or associated with the CCCL; removing. altering or
otherwise changing any Pioneer or Wetland Vegetation; altering,
modifying or otherwise destroying any portion of the sand dune
vegetation, or portions or the whole of any Coastal Strand or
Forest associated with or lying within the jurisdictional
limits and areas of the CCCL. Untenable hardship shall be
defined as a hardship unique to the property involved, with
application peculiar, and only to that particular property, and
not general in character, and may include. but is not
necessarily limited to. a total inability to use the property,
documentation of severe financial hardship either existing as a
peculiar result of an act of God. or accruing thereto, loss of
domicile or other residence. or continued exposure of any
habitable structures to imminent danger from adverse meteoro-
logical. hydrodynamical or oceanographical activities.
Excluded.
however,
are all after-the-fact violations as
provided herein. or hardship accruing as a consequence of
construction seaward to the CCCL when such construction has
been clearly shown to be in continuing jeopardy from adverse
155
meteorological,
hydrodynamical
or
other
oceanographical
activities or forces.
In any and all such instances,
the burden or proof is upon the applicant to provide a
sufficient factual basis for said hardship. Self-imposed
hardship shall not be grounds for consideration nor relief.
SECTION SEVEN
1. Enforcement
A. The County Environmentalist or his designee shall be the
enforcing official, and is charged with the duty of admi-
nistering the provisions of this Ordinance and securing
compliance therewith.
In furtherance of this responsibility,
the County Environmentalist or his designee(s) shall:
i. Make such inspecitons as may be necessary to ensure
compliance with
the purposes
and
intents of
this
Ordinance, anG to initiate appropriate action to bring
about
such
compliance
if
inspection discloses
any
violation or noncompliance thereof;
ii. Investigate any complaints of alleged violations of this
Ordinance and indicate clearly in writing, as a public
record and function of his office, the disposition of
such complaints;
iii. Order in writing, as set out below, the remedy or
mitigation of all conditions or violations of this
Ordinance as found to exist in or on any premises or s~te;
iv. State in the violation order a time limit for compliance
or completion of mitigational activities;
156
v. Request the assistance of the County Attorney and/or the
State At torney, or any other Local, County. State. or
Federal Agency or Officer to take the appropriate legal
action upon the failure of the responsible party to comply
with any violation order within the time specified
therein.
B. The County Environmentalist or his designee (s) is authorized
and directed to lawfully enter in and upon all premises at
reasonable times to determine their cond1tion, insofar as the
provisions of this chapter are applicable. and to obtain search
warrants when necessary to do so.
C. Upon noting that a violation of this Ordinance exists, the
County Environmentalist or his designee(s) shall:
1. Provide writ ten notice of the violation to the occupant
or property owner or developer. or to the holder of the
certificate of occupancy if different from both the occu-
pant and owner;
ii. Serve such written notice, or caused same to be served by
any licensed process server.
or peace officer, by
personally delivering to the person or persons required
under the provisions of this ordinance to be so served
such notice of violation.
If the same cannot be person-
ally delivered then service shall be deemed complete
upon sending same by certified mail, return receipt
requested, to the last known address of such person or
persons and by posting a copy of such notice in a
conspicuous place on the premises;
157
iii. Endorse on a retained copy of the \oIritten ['.otice the
manner and tiD'e of service or such notice or notices as
are hereby required.
D. When a notice served in accordance with this section is r.ct
appealed within the time limit hereinafter prescribed, or \oIhen
such a notice is appealed and the decision of the enforcing
official is not reversed. or when no appeal is provided for
herein. the notice becomes an order. If the notice is appealed
and modified. the modified notice becomes en order.
Such an
order shall be effective as to every day the violation
continues, from the first day of the violation until the date
the order is complied with by the violator or his agent.
E. When notice of violation becomes an order, the enforcing
official shall take such steps as are necessary to enforce
comp 1 iance wi th same.
limited to:
Such steps may include, but are r.ot
i. Requesting the assistance of the State Attorney to
prosecute for each day of violation, from the first day
of the violation until the day of compliance with the
order;
ii. Requesting the assistance of the County Attorney to seek
injunction or other relief;
iii. Initiate proceedings to appear before the Board of County
Commissioners or any other code-enforcing board.
F. Any monetary penalties incurred by the violator shall accrue
to the County and may be recovered in civil action brought by
the County. Such sum collected shall be first placed in a fund
158
for contingency operating expenses of the County Environmental
Department. or thereafter other such fund devoted to the
protection and safety of the environment of Collier County.
2. Penalties
A. Any person violating any provision of this Ordinance, or
conditions of a hardship permit issued hereunder, shall upon
conviction be punished by a fine not to exceed $5,000 per day
or sixty (60) days in jail, or both.
BJ Each act of alteration, removal. moditication, or causing
damage thereto, of any area or zone st ipulated as being, or
actually being within the jurisdictional limits of, Collier
County Coastal Hainland, or Barrier Island. Protection Dis-
trict, and specifically to any area, or region seaward to.
encompassing overall, or landward to the CCCL, including those
zones and dune areas specifically delineated herein, as well
as any arid all native Floridan vegetational assemblages growing
in. thereon, or associated with such CCCL, shall consist of a
separate offense for each act so committed, for each and every
tree or plant so affected. and for each day such action has
been conducted.
C. In addition to, or in lieu of, the penalties provided by
general law for violation of this ordinance, the Board of
County Commissioners or the County Environmentalist, or the
affected party, may singly or collectively bring injunctive
action to enjoin any deleterious action as defined within the
.-'.......
provisions of this Ordinance.
159
D. If a court of competent juri~diction has deemed that the action
taken by the violator has induced adverse effect, or could
conceivably cause same to be induced, or occur 1..'"- thin the
Coastal Protection Districts as herein defined, or has or will
result in eliminating or significantly decreasing the Coastal
Protection District ecosystem(s) ability to function as an
integrative unit, or if such actions directly or indirectly
endanger, or are inimical to the health. safety and welfare of
the general public, the court may order s~spension for a period
of one to five years, or revocation for a period of te~ years,
from the date of final disposition, of any licenses he~d by the
violator, its agents or other designees, to engage in develop-
ment, construct ion, land clearing, excavation, swimming pool
emplacement, or any other land-modification activities in
Collier County.
SECTION EIGHT
1. Severability
If any section, subsection, article. sentence clause, phrase or
portion of this ordinance is, for any reason, held invalid or
unconstitutional by any court of competent jurisdicticn, such
portion shall be deemed a separate, distinct, and independent
provision and such holding shall not affect validity of the
remaining portion thereof.
160
SECTIO~ NINE
1. Effective Date
This ordinance shall become effective upon receipt of notice trorr.
the Secretary of State that this Ordinance has been filed with the
Secretary of State.
Passed and Duly Adopted this
day of
. 1984.
BOARD OF COL~TY CC~~ISSIONERS
COLLIER COUNTY. FLORIDA
BY:
. Chairman
ATTEST:
WILLIAM J. REAGAN. CLERK
161
P.ppendix A-l
Appendix A-2
Appendix A-3
COASTAL MAINL~;D AND BARRIER ISLAND PROTECTION DISTRICTS
Submerged ~etland Indicator Vegetation
Common Name
Scientif ic Name
Black Rush
Cordgrass, Big
Cordgrass, Smooth
Cuban Shoalweed
Glasswort
Leatherfern
Manatee Grass
Mangrove, Black
Mangrove, Red
Mangrove, ',,11i te
Seashore Saltgrass
Turtle Grass
Widgeon Grass
Juncus roemerianus
Spartina cynosuroides
Spartina alterniflora
Halodule wrightii
Salicornia virginica
Acrostichum aureum
Syringodium filiforrne
Avicennia gerrninans
Rhizophora mangle
Laguncularia racemosa
Distichlis spicata
Thalassia testudinum
Ruppia maritima
Beachfront Pioneer Indicator Vegetation
Cor.::n:on Name
Scient ifie Name
Beach Bear,
Beach Berrv
Beach Elde:-
Beach Morning Glory
Cordgrass, Saltmeadow
Dune Panic Grass
Dune Sunflower
Puncture vine
Sea Bli te
Sea Oats
Sea Purslane
Sea Rockets
Railroad Vine
Canavalia rosea
Scaevola plumieri
Iva imbricata
Ipomoea stolonifera
Spartina patens
Panicum amarulum
Helianthus debilis
Tribulus cistoides
Sueda linearis
Uniola paniculata
Sesuvium portolucastrum
Cakile spp.
Ipomoea pes-caprae
Beachfront Scrubzone Indicator Vegetation
Common Narre
Scientific Name
Cocoplum
Cactus, Prickly Pear
Cedar, Bay
Gopher, Apple
Greenbriers
Grey Nickerbean
Groundsels
Oaks, Scrub
Palm, Cabbage
Saw Palmetto
Seagrape
Chrysobalanus icaco
Opuntia spp.
Suriani maritima
Geobalanus oblongifolius
Smilax spp.
Caesalpinia bonduc
Baccharis spp.
Quercus spp.
Sabal palmetto
Serenoa repens
Coccoloba uvifera
162
Appendix A-4
Appendix A-S
TR-84-6 C
Spanish Bayonet
Wax Myrtle
Yucca aliafolia
Myrica cerifera
Coastal Strand or Forest Indicator Vegetation
Common Name
Scientific Name
Brakes
Cat's claw
Cedar. Southern Red
Gumbo Limbo
Jamaican Dogwood
Magnolia
Maple. Red or Swamp
Oak. Live
Pine. Sand
Pine, Slash
Red Bay
Satin leaf
Stoppers
Wild Coffee
Wild Tamarind
Pteris spp.
Pithecellobium unguis-cati
Juniperus silicicola
Bursera simaruba
Piscidia piscipula
Magnolia grandiflora
Acer rubrum
Quercus virginiana
Pinus clausa
Pinus elliot t ii
Persea borbona
Chrysophyllum oliviforme
Eugenia spp.
Psychotria spp.
Lysiloma latisiliquum
Transitional Wetlands Indicator Vegetation
Common Name
Scientific Name
Aster
Buttonwood
Coin Vine
Glasswort (annual)
Goldenrod, Seaside
Marsh Elder
Saltbush
Sea Lavender
Sea Oxeye
Sylamp Lily
VI ill ow
Aster tenuifolius
Conocarpus erecta
Dalbcrgia ecastophyllum
Salicornia bigelovii
Solidago sernpervirens
Iva fructescens
Baccharis halimifolia
Limonium carolinianum
Borrichia frutescens
Crinum americanum
Salix spp.
163
APPENDIX D
DRAFT PERFORMANCE BO~D ORDINANCE
fu"-; ORDU'::A1\'CE REPEALING ORDINANCE NO. 00-00, AND
ADOPTING THIS ORDINANCE FOR THE PURPOSE OF
ESTABLISHING THE REQUIREMENTS AND CRITERIA FOR
PERFORMANCE AND RECLAMATION BONDS; PROVIDING FOR
PURPOSE ~D I~TENT: PROVIDING DEFINITIONS;
SPECIFYING FOR THEIR RELEASE; PRO\'IDI~G STANDARDS
FOR DETERMINATION FOR SUCH BONDS; LISTING SCHEDULE
OF FEES; LISTING GENERAL CONDITIONS FOR SUCH BOh~S;
DELINEATING STIPGLATIONS FOR RECLAP~TION BONDS;
LISTING ACTIVITIES FOR WHICH PERFO~~CE BONDS ARE
REQUIRED; LISTI~G EXEMPTIO~S THERETO; PROVIDING FOR
PENALTIES AND ENFORCEME~T; ESTABLISHING THE
ENVIRON~~NTAL RECOVERY FUND; DELINEATING USE OF
SUCH FUNDS FOR PROJECTS; PROVIDING FOR SEVEV-
ABILITY; ^~D PROVIDING FOR AN EFFECTIVE DATE.
\o.1iEREAS, the reasonable control and regulation of activities which
are causing, or may act to cause enviromrental degradation, ecosystem
alteration or Gestruction, or pollution or contamination of air, water,
soil and property. is necessary for the protection and preservation of
the public health, safety, and welfare; and,
\o.11EREAS, adverse envi ronmental impac ts may occur as a resul t of
a proposed developmental proj ect, or is likely to increase as a direct
consequence of activity carried out during such projects; and,
\.1iEREAS, the adverse impacts may be either short or long-term,
thereby resulting in iffiffiediate and foreseeable, or prolonged and
unforeseeable, harmful consequences to the environment, native Floridan
ecosystems, and eventually to the citizens of Collier County which
reside in such environment; and,
164
WHEREAS, it is reasonable in any project or developmental
activity which results in either short or long-term adverse environmental
impacts, that the developer of such proj ect be required to prevent,
alleviate, or mitigate this impact; and,
WHEREAS. the means by which a developer may prevent. alleviate or
mitigate such adverse environmental impacts may include avoiding the
impact altogether by not taking certain action or parts of action. or
minimizing impacts by limiting the degree or magnitude of the action
or its implementation. or rectifying the impact' by repairing, reha-
bilitating, or restoring the affected environment, or reducing or
eliminating the impact over time by preservation and maintenance of
those Operations amenable to preservation during the life of the action
and for a period of time thereafter, or compensating for the impact by
replacing or providing substitute resources or environments; and,
~~EREAS. the best and most immediate process to ensure such
prevention, alleviation, or mitigation of adverse environmental impacts
by a developer is through the posting of a Performance Bond of monies
sufficient to cover the cost of repairing these impacts;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COL~TY. FLORIDA:
SECTION ONE:
1. Ordinance No. 00-00 is hereby repealed.
SECT ION TWO:
1. Purpose and Intent
In order to encourage the protection. maintel,,',nce and
165
restoration of natural systems, and their use in ways which do
not impair the benefits of their natural functioning, and
thereby to protect, maintain and enhance both the immediate
and long term health, safety, and general welfare of the
citizens of Collier County, this Ordinance has the following
objectives:
A. To ensure the protection, maintenance and restoration of
the physical, chemical, and biological integrity of the
environment;
B.
To
prevent
individuals,
business
organizations,
and
governments or other agencies from causing undue harm to
the corruut:nity by conducting activities which adversely
affect the environment;
C. To encourage proper and environmentally advantageous,
non-delecterious or deleterious methods of construction,
alteration,
modification,
land
clearing,
and
other
activities which may have an adverse impact on the
environmer:t;
D.
To
prevent
damage
to
wetlands
and
minir::ize
the
introduction, transport, or maintenance of pollutants to
wetlands, community waters,
and associated aquifers;
E.
To r:aintain
or restore
groundwater levels,
natural
salinity levels in estuarine areas, minimize erosion and
sedir:entation in the Coastal Mainland and Barrier Islands
Protection Districts;
F. To protect, ~aintain, and resto~e the natural hatitats of
fish, and other native Floridan wildlife and vegetational
ecosysteITls;
166
G.
To
ensure
the
attainment
of
these
objectives
by
requiring the posting of a performance bond of sufficient
monetary value by a developer to allow implementation of
necessary restorative activities to rehabilitate. replace,
mitigate. or completely restore those portions of the
natural and native Floridan ecosystems occurring in
Collier County which may become altered, damaged, or
destroyed through developmental activities by said
developer or his agents. regardless as to whether such
activities are unavoidable. or negligent or reckless.
2. Definition
Unless specifically defined below, words or phrases shall be
interpreted so as to give them the ~eaning they have in Co~~on
usage and to give this Ordinance its most effective appl-
ication. Words used in the singular shall include the plural,
and in the plural shall include the singular; words used in the
present tense shall include the future tense. The word "shall"
connotes mandatory and not discretionary action; the word "may"
is permissive.
A.
Adverse Impacts:
Any modifications, alterations, or
effects on a feature or characteristic of the environment,
so as to produce potentially harmful or inimical action
or effects on ~he quality. quantity. physical. geological,
atmospheric, oceanographical, hydrographical, biological,
167
or aesthetic paraDeters comprising any part of the whole
of the environment, and which may furthermore be
potentially or actually harmful or injurious tc human
heal th, welfare. safety, or property. or to biological
productivity, ecological diversity or stability, or which
may, or does unreasonably interfere with the enjo)~ent of
life or property, as a direct or indirect consequence of
one or a series of primary, secondary, or cumulative
impacts.
B. Developer: Any person, group, association, society or
other legal entity which engages in development, either as
owner of, or as the agent of an 01,o:ner, of property in
Collier County.
C. Development (or Development Activity): The construction,
installation, alteration, demolition, removal or other
modification of any structure, impervious surface, or
drainage facility; or the clearing, scraping, grubbing, or
otherwise removing or killing of the vegetation on a site;
or the adding, removing, exposing, excavating, level ing,
grading, digging, burrowing, dumping, piling, dredging, or
otherwise significantly disturbing or topographically
altering the soil, rock, mud, sand or other sediments of a
site, whether terrestrially intertidally, or subaqueously
located.
The drifting, blowing away, washing away or
D.
Erosion:
otherwise wearing iown of any soils, whether terrestrial,
intertidal or subaqueous, by the action of wind, water or
other rrecnanisms.
168
E. Land Clearing: The removal of any or all vegetation from
a land surface by mechanical. chemical, burning, or other
means.
F.
Natural System:
Established ecological communities or
assemblages of plants, animals. and associated microflora
and microfauna which occur indigenously. and in specific
locations amenable to each individual system. on the
land, or in or under the water.
G. Person: Any and all persons. natural and artificial, to
include any individual. firm, corporation, government
agency, business trust. estate, partnership, association,
two or more people having a joint or common interest, or
any other legal entity.
H. Predevelopment Conditions: Those conditions of natural
topography, hydrography, ecology. biology. and geology
which existed on a site. as indicated by the best
available historical data. prior to alteration or
modification resulting from human activity.
I. Receiving Bodies Of Water: Any waterbodies, watercourses,
wetlands. or watersheds, into or through which surface
waters flow either naturally, or in manmade constructions
or contrivances produced by excavation, interruption. or
redirection of such flows.
J.
Site:
Any tract, lot. or parcel of land, or any
combination thereof, which is in one ownership. or is
contiguous and in diverse ownership. where development
is. or may be, performed as part of a unit, subdivision,
or project.
169
K.
Structure:
Any edifice, appurtenance, or other piece of
work artificially built up, or composed of parts joined
together in some definitive manner, so as to perform, or
have, a useful or aesthetic function.
L.
All native Floridan plant growth, including
Vegetation:
but not limited to, trees, shrubs, vines. ferns, mosses,
grasses, algae, fungi, and other cryptic vegetation,
whether growing singly, in colonies, large or small
assemblages, or epiphytically on other plants or objects,
in a naturally occurring situation or habitat.
H.
Any and all water on, within, or beneath the
Waters:
surface of the ground, including that in any watercourse,
waterbody, watershed, drainage system, or aquifer, whether
occurring
bodies,
flow,
diffused
surface
as
open
percolation, or st3nding or flowing above, within or
beneath the surf2ce of the ground, as well as all coastal
waters contiguous to the terrestrial geographic limits of
Collier County.
o.
"'3 tercourse:
Any natural or artificial stream, river,
creek, channel, ditch, canal, conduit, culvert, drain,
waterway, gully, ravine, street, roadway, swale, or wash,
in which water flo.:s or is able to flow in a definite
direction,
either
continuously or
intermittently
or
seasonally, and which caD be delineated by a definite
channel, bed, and banks.
170
P. Watershed: A drainage area or drainage basin which, as a
consequence
of
geological
structure,
topographical
configuration. hydrological features. and vegetational
assemblages. initiates. contributes to, or continues the
flow of water either subaerially or subterraneously.
toward a receiving body of water.
Q. Wetlands: Those areas in which the soils are ordinarily
saturated with water for a given. often recurrent. period
of
time,
and
which
support,
as
a
consequence,
characteristic plant communities and species within. or
associated with,
their confines.
and which may be
identified by the County Environmentalist as to type
depending on the dominant plants or assemblages found
therein.
SECTION THREE:
1. Posting of a Performance Bond
Any person plc1Dning a development. or to undertake any other
activity which significantly alters the environment. or native
Floridan
ecosystems
within the
confines
of Collier
County. as
geological
defined in
and geographical
this Ordinance,
shall, unless exempted as provided herein. post a Performance
Bond of the requisite amount corresponding to the type
activity
to
be
conducted.
with
the
Collier
County
Environmental Section.
A. A Performance bond will be posted at the time of the
application for development, for any variances. or for
any waiver applied for in regard to certain aspects of
171
constructional activity or environmental al teration, as
noted in Section Three, Article 3. 4 and 5.
B. The Performance Bond will be of sufficient amount to
reflect the potential cost of restoring. mitigating. or
rehabilitating any aspect or attribute of the environment,
or any portion of the native Floridan ecosystem that may
be deleteriously affected by developmental activity of any
kind, as well as the potential cost of administration and
management
overseeing
mitigating.
required.
C. The Collier County Environmental Section shall establish
of
both
the
the Performa'nce Bond,
and the
by
County
Environmentalist
of
any
rehabilitative
or
restorative
measures
a prorated bonding schedule based upon the relative cost
and complexity of developmental project. the areas which
might or will be affected. their zoning, their rela-
tionship to the CeeL, and any other aspects as may be
deemed proper and provided for pursuant to the provisions
of this Ordinance (Section Three, Article 3).
D. \-.'ithin thirty (30) CciYS after submission of a written
Certificate of Completion of Development Activity by a
developer,
the County Environmentalist may approve,
with or without specified condtions or modifications.
compliance with the stipulations and recommendations of
the Performance Bond. and allow release therefrom, or,
sen'e notice of Intent to Forfeiture of any. or all,
172
Performance Bonds associated or posted with the project,
and shall notify the developer accordingly.
E. Such notification for either approval and release, or
disapproval and Notice of Intent to Forfeiture, shall be
made by certified mail. return receipt requested. to the
developer. with such additional copies forwarded to other
County administrative or law enforcement agencies having
jurisdiction.
F. If the County Environmentalist has not rendered a
decision within thirty (30) days after receipt of a
written Certificate of Completion of Development. he or
his designee shall inform the developer of the status of
the review
completion.
process. and the anticipated date of
If compliance within the framework of the
Performance Bond is considered inadequate, or requires
modification before final approval, or is rejected as
being inadequate, the County Environmentalist shall state
such reasons in writing.
Although it is not the
responsibility of the County Environmentalist to design
any mitigating. rehabilitative, or restorative project to
alleviate or repair such environmental or ecosystem
damages as may have occurred. he or his designees may
work closely with the developer to accomplish same in
order that relief from the Performance Bond may be
attained in a timely and efficient manner.
173
G. No Certificate of Completion ot Development Activity, ner
concomitant release from any Performance Bond whatsoever,
shall be approved unless the proposed developmental
activity
has
clearly
and
concisely
met
all
the
the
Perforn.ance
Standards
as
provided
for
in
Section, Three, Article 2.
H. No release from any Performance Bond whatsoever may be
approved without adequate provision for on-site inspection
of the property by the County Env'ironmentalist or his
designee(s), before any developmental activity COIrEenCeS,
and comparison with stipulations and recommendations of
the Perionr,ance Bond after all developmental activity has
ceased or been completed.
It is encumbent on the
developer to schedule with the County Environmentalist
the following inspections:
1. lniticl inspection: Conducted prior to approval of
the
development
plan,
or those parts of
the
developrrent plan requiring posting of a Performance
Bond;
2. Intermediate inspection: Conducted during the course
of constructional or developmental activity, to
ensure
compliance
with
land
clearing,
erosion
control, alleviation of environmental degradation,
or
any
other
activities
stipulated
in
the
Performance Bond body;
3. Final inspection: Conducted upon written ;:-eceipt of
Certificate of Completion of Developmental Activity.
174
1. If the County Environmentalist notes a failure to comply
with the stipulations or recommendations of the
Performance Bond contract before final inspection. he
shall promptly not ify the developer and allow same to
immediately correct or rectify those provisions found
wanting. Failure by the developer to do so within
fifteen (15) days of notification will result in the
forfeiture of the Performance Bond(s) applicable to the
development activity, and render thideveloper subject to
J.
any additional penalties as
Approval of reclaimed areas
provided in Section Four.
disturbed by mining. or
petroleum-exploratory or well-drilling activities, or
damaged or destroyed through processes associated with
mining,
quarrying.
or
petroleum-related
disasters
including. but not limited to, oil well blow-outs.
explosions.
pipeline
breakage,
seepage.
or
other
non-controlled escape of petroleum or petroleum products
into the environment, shall be requested in an annual
progress report which identifies the specific parcels for
which approval is sought. Reclamation of such disturbed
lands shell only be deemed completed ~hen it can be shown
that its specific parcels have been reclaimed in
accordance with the originally submitted Master Mining
Plan, or Petroleum Exploration Plan, and related operating
permits. Specific parcels shall be approved or denied in
writing by the County Environmentalist within sixty (60)
days of the receipt of the annual progress report.
175
Specific reaso~s shall be cited for denial of any approval
on specified parcels. Upon approval of reclaimed parcels
by the County Environmentalist, any Performance or
Reclamation Bo~ds shall be released, or applied to parcels
to be disturbed in the ensuing year, as may be app-
ropriate.
2. Standards for Determination of Performance Bonds
The posting of any Performance Bond will ensure that the
proposed
development
or
activity has' been planned and
designed, and will be constructed and maintained, to meet each
of the following standards:
A. Ensure that tte natural hydrodynamic characteristics of
the watershed are maintained;
B. Ensure that after development any runoff from the site
approximates the rate or flow, volume, timing. and
direc t ion of
following the
any
runoff
that would have occurred
same
rainfall under pre-developmental
conditions, and to the extent practicable all other
existing conditions;
C. Ensure protection and/or restoration cf the quality,
quantity and existing levels of naturally occurring
ground and sur:ace waters on the site;
D. Ensure that erosion of any properties seaward the CCCL
during and after development is minimized;
176
E. Prevent increased flooding and damage resulting from
improperly located, constructed, or designed structures
and watercourses in areas which are presently subject to
an unacceptable danger from flooding;
F. Protect the beneficial functioning of wetlands and all
associated ecosystems. whether marine or upland, and
maintain such lands as natural areas for storage of
surface waters and the biological or biochemical
reduc tion and assimilat ion of nutrIents and pollutants;
G. Minimize injury to any native Floridan flora and fauna,
and prevent short or long-term adverse impacts on any
wildlife habitats on. or contiguous to, or associated with
the developmental activity;
H. Protect and preserve the naturally fluctuating levels of
tidal flow, ingress and egres. and associated fluctuating
salinity levels in any estuarine areas that might be
affected;
I. Minimize topographic alteration of the natural surfaces
of any land or coastal areas that fall within the
developmental project;
J. Ensure that such developmental activity takes into full
and complete consideration any and all aspects of the
environment and associated native Floridan ecosystems so
as to prevent, or minimize, any deleterious effects.
whether short or long term. thereto, or cause destruction,
degradation. or inimical alteration of functioning of
such ecosystems.
177
3. Schedule and Fees fer Performance Bonds
Except as providec hereinafter for construction seaward of the
CCCL, and for mining and petroleum-related activities, the
following schedule and fees provided for establishment of the
amount of Performance Bond.
A. A Performance bond shall be posted based on the following
estimated total costs of construction, unless otherwise
exempted:
Construction Ccst
Performance Bond
$75,000 - $100,000
$100 + 25~ of the amount
greater than $1,000
$500 + 25% of the amount
greater than $4,000
$750 + 25% of the amount
greater than $7,000
$1,500 + 25% of each
$2,000 of cost above $10,000
$4000 + 50% for each
$5,000 of cost above $10,000
50% of the total estimated
$0-$2,499
$2,500 - $4,999
$5,000 - $9,999
$10,000 - $19,000
$20,000 - $7~,999
construction cost
$100,001 - $199,999
60% of the total estimated
construction cost
$200,000 - $499,999
80% of the total estimated
construction cost
$500,000 and greater
100% of the total estimated
construction cost
178
B. In addition to the above schedule of costs. except as
provided for construction seaward of the CCCL, and for
mining, and Petroleum-exploratory and drilling activities,
a Reclamation Surety Bond shall be posted by any developer
altering land in any manner, based on the following
schedules:
$250 for each acre of land disturbed, up to five (5)
acres;
$500 for each acre of land disturbed from 5.1 to ten (10)
acres;
$1000 for each acre of land disturbed from 10.1 to twenty
(20) acres;
$2000 for each acre of land disturbed from 20.1 to fifty
(50) acres;
$3500 for each acre of land disturbed exceeding 50 acres.
C. Performance bond fees for construction or alteration
within or adjacent to the CCCL shall be computed pursuant
to stipulations in Ordinance No. 84-000.
4. General Conditions of the Bond
A. The developer shall file with the County Environmental
Section those bonds required for development of his
property. such bonds being payable to Collier County.
Such bond(s) shall be conditioned on the following.
179
i) Faithful performance of all the stipulations and
requirements
listed
therein
for
each
bond
individually, and all severally;
ii) Satisfaction of all claims and demands incurred for
same;
iii) Full inde~ification of Collier County from all costs
and damages that the County might suffer by failure
of the bonded entity to forthfully comply with or
satisfy all conditions;
iv) Full reimbursement and repayment to Collier Collier
for outlays and expenses and costs, including
reasonable attorney's fees. that the County may
incur in making good any
non-performance, which shall
non-compliance
or
also
include
any
judicial or administrative proceeding undertaken by
Collier County because of violation of the terms,
stipulations or provisions of the bonds or this
ordinance, or of a particular operating or dev-
elopment permit;
v) The deve~oper protecting, defending, indemnifying,
and holdir_g harmless Collier County from all suits,
actions, claims, losses, or damage of any character,
and from all expenses incidental thereto, based upon
or arising out of any damage to person or property
caused by or arising from any act, omission,
180
performance, or non-performance of the developer.its
officers, agents, servants, employees, or others
under the developer's direction and control. but not
including the sole negligence of Collier County.
B. If at any time the developer has failed to satisfactorily
undertake corrective action in response to a notice of
violation
served
through
the
County
Environmental
Section, the latter may initiate proceedings against the
bond or bonds posted by the developer, in any court of
competent jurisdiction.
Such proceedings shall not be
cowmenced until the surety has been given due notice and
has failed to initiate corrective or remedial action
within fifteen (15) days from date of notice.
In such
proceedings as may then entail. the recoverable damages
and costs shall not be limited to the reasonable value of
the land prior to onset of development activities. but
shall or may
include assessed costs
for loss of
environmental viability. habitability, ability of the
ecosystem to respond to damages, and other environmental
costs, as well as the inclusion of the award of reasonable
attorney's fees and all related costs to process and
press court action. Except for the use of land
associated with the CCCL, or in a mining capacity, or for
petroleum-related activities, any developer shall post a
Reclamation Surety Bond(s) based on the schedule provided
in Section Three, Article 3.
181
C. For development activit,y involved in mining or petroleum
exploration of petroleum wells or offshore platform
establishment,
each developer shall post an annual
Reclamation Surety Bond equal to one hundred twenty-five
(125) percent of the reclamation cost per mining or
petroleum-related unit for each acre of land to be
disturbed, or which may reasonably be expected to be
affected, whether terrestrially or subaqueously, during
the ensuing year, as well as for' all land previously
disturbed by mining, or petroleum exploration and related
activities for which reclamation compliance has not been
acknO\dedged by the County Environmental section. The
accuracy of all such bond areas and the costs of
reclanation set forth by the developer shall be certified
by a professional mining or petroleum industry engineer
retained bv the applicant, and shall be subj ect to the
review and express written approval of the County
Environmentalist. An action on this bond may be brought
by the County Environmental Section, the Board of County
COEDissioners, or any other person whether public or
private, entitled to the benefits of the bond at any time
prior to reclamation approval as given by the county
Environmentalist. The developer and surety shall be
jointly and severally liable under the provisions of the
bond, and actions against either or both may proceed
182
without prior action against the other, and both n:ay be
joined in one action. Collier County shall be entitled
to the award of reasonable attorney's fees if it prevails
in proceedings against the bond.
D. The surety or Reclamation Bonds may be secured by a
corporate surety licensed to do business in the State of
Florida. and
approved
or by
by the
deposit
property.
Board of County
in State banking
The bond shall be
Commissioners,
institutions.
conditioned so
or by real
that the
surety cannot cancel the bond
with less than ninety (90) days written notice to the
County Environmental Section. If the bond is cancelled.
the developer shall provide a substitute bond of equal or
greater value on or before the effective date of
cancellation of the original bond (s) .
Said substitution
bond must be submitted to the County Environmentalist at
least thirty (30) days before the effective date of
cancellation and must be ,approved prior to cancellation.
Failure of the developer to make an approved substitution
shall result in automatic revocation of all operating and
developmental permits. thereby necessitating imreediate
cessation of any mining or petroleum exploration or
well-drilling activities. The developer shall auto-
matically become liable for all costs necessary to effect
full and complete restoration of the property involved.
183
Non-ccn:pliance shall result in the attachment of a lien
against any and all properties owned by the developer in
Collier County, whether or not they are utilized for, or
in mining or petroleum related exploratory or drilling
activities, in order to satisfy costs incurred by Collier
County in such reclamation.
In addition, Collier County
reserves the right to proceed against the developer, its
agents or other associated legal entities in any court
action
necessary
to
recover
the
costs .for
total
reclamation of the affected land or property.
E. Issuance of an operating permit, and posting of all
required Performance and Reclamation Bonds shall entitle
the developer to begin developmental, mining, or petroleum
exploration activities, provided, however, that all other
requirements and permits have been met or obtained. A
developer shall have six (6) months from the date of
operating permits to commence development, and one (1)
year from the date the operating permit is issued to
commence mining or petroleum exploratory activities. If
such activities are not commenced within this time the
operating permit shall automatically become void and of no
effect and shall not be subject to waiver, continuance, or
modification by the County Environmental Section, the
Board of County Commissioners. nor any other entity or
agency of the County Government. All initial operating
permits issued pursuant to the requirements of this
184
Ordinance shall be valid for a term of three (3) years
unless otherwise suspended, cancelled, or revoked, prior
to that tiffie.
5. Activities Requiring Posting of Performance or Reclamation
Bonds
Except as provided hereinafter. a performance bond based on
the fee schedules in Section thru, Article 3 & 4 shall be
required for:
I
A. Any activity or project requiring an Environmental Impact
Statement (EIS) pursuant to Ordinance No. 77-66;
B. Any activity or project requiring a Development of
Regional Impact (DRI) statement;
c. Any developmer.t classified as Planned Unit Development
(PliD) ;
D. Any developmental activity on any lands classified as
Special Treat~ent (ST);
E. Any land clearing activity involving ten (10) or more
acres in total extent;
F. Any land clearing activity of less than ten (10) acres
total extent but involving rare, unique or endangered
vegetational species or assemblages (RUE);
G. Any alteration, cutting, severe pruning or removal of any
species of mangrove trees, or any activity within or
affecting a mangrove forest;
185
H. Any develop~ent activity associated with the Coastal
Construction Control Setback Line (CCCL) pursuant to
Ordinance ~o. 84-00, Section Four, Article 5, F;
1.
Any alteration,
modification or other developmental
activity involving submerged, or tidally influenced bottom
lands;
J. Any project or activity requiring dredging and/or filling
of submerged lands, including maintenance dredging of any
kind resulting in the removal of greater than one thousand
(1000) cubic yards of soil, or activity involved in the
emplacement of subaqueous cable of pipelines requiring
removal of more than one-thousand (1000) cubic yards of
materials, whether such materials are deposited on an
upland and contained site or not;
K. Any projects or activity involving the emplacement of
solid wastes or other materials for artificial reefs or
fish habitats;
1. Any activity involving driving or setting of pilings,
whether by mechanical, steam-generD.ted, or water-j etting
processes, including, but not limited to
support for
decking, bridges, bridge or dock fenders, moorings for
waterborne vessels or amphibious vehicles, buoys, channel
markers or other navigational devices or markers;
M. Any bridge construction over wetlands, tidally influenced
areas, and banks, beaches and shorelines within the
Coastal ~~inland and Barrier Island Protection Districts;
186
N.
Any
construction
or maintenance
repairs
of
docks,
boathouses. piers, seawalls, bulkheads, rip rap or other
revetments, en the banks. shores, beaches, or intruding in
any manner into any navigable body of water, or any
channel, car.al, creek. tributary, river or other water
body, whether navigable or not, but connecting to
navigable bodies of water;
O. Emplacement, repair. re-emplacement or removal of wave
baffles or other wave and current damping devices, or any
channel or beach-stabilization devices such as groins or
jetties;
P. Any construction or other alterational activities in
Coastal Mainland or Barrier Island Protection District
wetlands. including marshes, tidal flats, freshwater or
estuarine sloughs, hydric hammocks. coastal or inland
swamps, sawgrass prairies, or any other areas in which
standing water
phenomenon;
Q. Any alterational or constructional activities in any
occurs
as
a
periodic
or
seasonal
intermittently or
semi-permanently
inundated
natural
freshwater area or drainage system whether associated
with a watershed or not, and which is subject to periodic
or seasonal sheetflow;
R. Any activity involving construction in, on, or above, or
alteration therein of any freshwater lake. pond, slough,
or other enclosed body of water subject to. or receiving,
seasonal or periodic sheet flow;
187
S. Any excavation or other earthmoving activities including,
but
not
limited to,
these developmental activities
associated with
swimming
pools;
underground
storage
facilities or tanks or reservoirs; storm water run off
channels,
swales
or
other
conduits;
alteration
of
shoreline or banks of any surf ace water body; mining.
quarrying. or borrow pits; landscape architecture or other
site improvement or beautification, provided that such
excavation
exceeds
one
thousand '( 100)
cubic yards;
emplacement or repair of utility lines, sewage or water
Qains; or blasting activities of any nature;
T. Any construction or alterational activity associated
with, or involving modific2tion, change, or realignment
of any sand dunes, or their associated native Florida
vegetation, whether seward of the CCCL or not;
u. Any activities associated with removal of noxious exotic
vegetation seaward of the CCCL, pursuant to Ordinance No.
84-00;
v.
Construction of any golf courses of any size;
I.T
..
Constr~ction of any aquaculture or mariculture projects or
operations exceeding five (5) acres in total areal extent;
x.
Any
d ev e loprr.en tal
activity
on
any
site
in which
archaeological or historically significant sites are
known to be present;
Y. Any development of mobile home, recreational vehicle, or
other trailer parks, requiring the alteration or clearing
of more than five (5) acres of land;
188
Z. Reserved
AA. Construction of any roadways, plazas, parking lots of
greater than ten (10) spaces. or other impervious,
non-water permeable surf aces or areas exceeding one-half
(~) acre in total extent;
BB. Any well drilling of any kind. whether for water. gas.
petroleum and/or petroleum derivatives and by-products.
or for the inj ection of hazardous. toxic, or radioactive
wastes;
CC. Construction. erection or establishment of any permanent
or semi-permanently emplaced, floating. affixed. or
tethered, petroleum-exploration platform. rig, or other
mechanical device within the geographically defined lands
or waters of Collier County.
6. Exemptions
Except as provided below the provisions and terms of this
Ordinance shall apply to all lands and structures thereon,
whether existing or proposed. within the geographical limits of
Collier County, and extending offshore into the Gulf of Mexico
and Florida Bay for a limit of twenty (20) nautical miles. No
performance bond shall be required for:
A. Any repair of privately owned seawalls or bulkheads
personally undertaken by the property owner and not by a
commercial company, provided such repairs occur and are
189
confined to the owner's property, and the total length of
the seawall or bulkhead to be repairs take place at the
mean high water line or at the original location of the
bulkhead, whichever is higher;
B. Replacement of previously existing rip rap in front of an
exist Lng seawall, or previously rip rapped shoreline or
bank, provided no greater incursion than originally
occurred is allowed into the littoral or sublittoral area
so affected;
C. Ar.y upland property zoned single family, residential, and
where, in the estimation of the County Environmentalist,
the following projects are deemed not to adversely affect
the environment:
i) Repair or restoration of docks by the land owner,
provided such is limited to the original dimensions
of these structures. and no pile-driving or piling
emplace~ent, nor any associated dredging and filling
is required;
ii) Installing, maintenance, alteration or reQoval of
any docks, piers, boat houses, or other structures
on private ponds or lakes, provided that such are
confined totally within the property of the owner,
have no contact with other flowing or sheet-flow
receiving bodies of water, and do not exceed one
(1) acre in areal extent;
190
iii) Any construction or alteration of buildings on land
as a single lot, not exceeding two and one-half (2~)
acres in areal extent, and which can be shown not to
have
an
adverse
effect
on
the
immediately
surrounding environment;
iv) Any excavations for installation or maintenance of
water mains, sewage lines. septic tanks, sprinkler
systems, residential driveways to single family
uni ts. landscape architectural' purposes, ornamental
ponds. sidewalks. pathways and other passageways.
provided that the total of excavated reaterial does
not exceed one thousand (1000) cubic yards;
v) Any drilling of wells to obtain potable or
irrigational water on a single family residential
parcel of property, provided such wells do not
exceed two (2) inches pipe diameter. and otherwise
meet all requirements of Ordinance No. 74-50;
vi) Removal of any vegetation termed "Noxious Exotic
Species" pursuant to Ordinance No. 84-00;
vii) Any work or project falling under the jurisdiction
of owner-builder permits, therefore waiving the
requirement for a permit issued to a certified
contractor;
D. Any maintenance dredging of any waterway, channel, or
pass in which the total amount of removed fill does not
exceed one thousand (100) cubic yards total amount;
191
_1_bN _________,_............_____~_.___,._._.._.___._
E. Installation of privately maintained amd floating buoys,
channel markers, or other aids to navigation, provided
that such installation is not nor will conceivably become,
a hazard
to navigation,
and
further provided that
installation does not require the use of pile-driving or
other heavy emplacement equipment or machinery;
F. Any earth moving associated with bona fide agricultural
activity, and which does not involve artificial drainage
of land, and where all runoff wate~s shall be contained
in a pond or cachement basin before release to the
surrounding environment;
G. Any maintenance, alteration, use or improvement to an
existing structure which does not change or affect the
location, rate, volume, or environmental quality of any
surface water discharge;
H. Any development or activity which can be positively
demonstrated not to have any adverse effect or impact on
any wetland, watercourse, or waterbody in Collier County,
or which will not contribute to degradation of ambient
water quality;
I. Construction or maintenance of any parking lot not
exceeding ten (10) car spaces;
J. The development of less than five (5) single family or
duplex residential dwelling units and any accessory
structures such as fences, storage sheds and septic tanks,
in an existi~g subdivision, where such development can be
shown not to be environmentally detrimental;
192
SECTION FOUR:
1. Penalties and Enforcement
Any developmental activity that under the provisions of this
Ordinance requires posting of a Performance Bond, and the same
is not posted, or if such activity is commenced without
posting of a Performance Bond in the required amount(s), or if
any developmental activity is knowingly and willfully concealed
so as to avoid posting of such Performance Bond, or to post a
Bond in an amount not corresponding to 'the schedule of fees
as provided herein, then such activity shall be termed
criminal and may be restrained by injunction or otherwise
punished or abated in a manner provided for by law.
A. In addition to, or as an alternative to any penalty
provided herein or by law, any person who violates the
provisions of this Ordinance shall be punishable by a
fine equal to twice the amount of the Performance Bond
scheduled for the activity now in violation, or by
imprisonment in the County jail for a period not to exceed
six (6) months, or by both such fine and imprisonment.
Such person shall be guilty of a separate offense for each
day during which the violation occurs or continues;
B. Any violator may, in addition, be required to restore any
altered conditions of or on the land to their original and
undisturbed state. In the event that restoration is not
undertaken within a time deemed reasonable after notice,
the County Environmentalist or his designee (s) cay take
the
necessary
corrective
action,
or delegate
such
193
corrective action to such person(s) or firm(s) of choice
....hich have competency in conducting rehabilitative and
restorative actions in the case in question.
The cost of
such action shall become a lien on the property until
paid;
C. Horeover, if in the judgement of the County Environ-
t:1entalist, the violation of Performance Bond provisions
and resultant alteration, degradation or destruction of
property is of such magnitude that the land, wetland,
coastal area, seafloor, and/or any such areas contiguous
thereto, as well as any native Floridan marine, estuarine,
freshwater, or terrestrial ecosystems, whether plant or
ani~al, can no longer function in a viable manner or
recover to the extent that is equitable with the original
\"iability or functioning of such areas or systems, the
c.eveloper ond/or his agents shall have all licenses to
operate or conduct any business of any kind in Collier
County revoked and forfeited for a period twenty (20)
years.
D. ~nen the County Environmentalist or his designeeCs)
determines that development activity is not being, or has
not been, carried out in accordance with the requirements
of this Ordinance, he shall issue a written notice of
violation to the owner of the property, containing the
following information:
1. l'ame and address of the owner and the developer
194
'\
Street or other address when available,
or a
description of the building, structure, or land or
coastal area in which the violation is, or has,
occurred;
3. A statement specifying the nature of the violation;
4. A description of the remedial actions necessary to
bring the development activity into compliance with
the stipulations and recommendations of the Pe-
rformance Bond(s) pursuant to the provisions of
this Ordinance;
5. Notice of Intent to Forfeiture of one or all
Performance Bonds applicable to the project;
6. A statement of any additional penalty or penalties
that shall or may be assessed against the person to
whom the notice of violation is directed;
7. A statement that the determination of violation by
the County Environmentalist may be appealed to the
Board of Adjustments of the Collier County Board of
County Commissioners by filing a written notice of
appeal within fifteen (15) days of service of the
notice of violation;
C. The notice of violation and Notice of Intent to
Forfeiture shall be served upon the person(s) to whom it
is directed either personally, in the manner provided for
personal service of notices by the court of local
jurisdiction, or by mailing of a copy of the notice by
195 .
certified
mail,
postage
prepaid,
return
receipt
requested, to the person at his or her last known address.
D. A notice of violation and t\otice of Ir:tent to Forfeiture
issued
pursuant
to
this
section
constitutes
a
determination from which an administrative appeal may be
taken to the Board of Adjustments of the Collier County
Board of County Commissioners.
2. Establishment of the Environmental Recovery Fund
A. Any forfeiture of Performance Bond(s) or other civil
penalty recovered by the Collier County Environmental
Section in an action against any person, pursuant to this
Ordinance, shall be deposited in a fund known as the
Enviror.mental Recovery Fund.
B. The Environmental Recovery Fund is created to provide
monies to restore any and all areas of Collier County
altered, modified, polluted,
destroyed,
or otherwise
environmentally degraded as a direct consequence of
construction, excavation, land clearing
drilling or
other activities, by a developer and/or his agents and not
by any Act of God, as defined or determined by the County
environmental Section, to the condition such areas were in
before such degradation occurred, or to use such monies
for any other purposes deemed necessary for maintenance
of high environmental quality or control of pollution.
The fund shall cor:sist of all monies forfeited in
Performance Bonds, or obtained or awarded through
196
assessment of civil penalties.
The money shall be
dispensed to pay all amounts necessary to restore the
affected areas which were subject to determination of
degradation by the Collier County Environmental Section,
if such restoration is feasible. Any monies remaining in
the fund shall be used by the County Environmental
Section, as it may determine, to pay for any work needed
to restore other areas which require additional funds, or
funds greater than those awarded or obtained through
Perforrr.ance Bonds forfeiture or assessment of civil
penalty,
wherein
the
County
to
restore
or
areas
Environmental Section has brought suit but was unable to
recover any monies from the violators.
C.
The
ultimate
County
Environmentalist
shall
have
jurisdiction of such monies, and shall have final
determination as to which areas, in his judgement, ::hall
have priority for restoration using such funds, provided
ho....ever, that such monies, excluding recovered costs and
expenses, shall be disbursed first to pay any amounts
necessary to
restore the respective environmentally
damaged, al tered, polluted or destroyed areas which were
the subject of the County Environmental Section actions,
either singly or severally against those person(s) or
developers.
197
D. Recovered cC'sts and expenses may be used by the County
Environmental Section in any manner as may advance its
purposes, ana shall be under the jurisdiction of the
County Environmentalist.
SECTION FIVE:
1. Severability
If any section, sentence, clause, phrase, or word of this
Ordinance is,
for any reason, held or declared to be
unconstitutional,
inoperative,
or void,
such holding or
invalidity shall not affect the remaining portions of this
Ordinance; and it shall be construed to have been the
legislative intent to pass this Ordinance without such
unconstitutional, invalid, or inoperative part therein; and
the reminder of this Ordinance after the exclusion of such
part or r~rts, shall be deemed and held to be valid as if such
parts had not been included herein.
SECTIO~ SIX:
1. Effective Date
This Ordinance shall take effect immediately upon receipt of
the official acknowledgement from the Office of the Secretary
of State of the State of Florida that this Ordinance has been
filed with that office.
198
Passed and dul y adopted this
day of
. 1984.
This Resolution passed after motion, second, and roll call vote as
folloW's:
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
DATE:
ATTEST:
WILLIAN J. REAGAN, CLERK
Approved as to form and
legal sufficiency:
Burt L. Saunders
Collier County Attorney
TR-84-6 D
199
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
BY:
DAVID
BROWN ,
C.
CHAIRMAN