EAC Agenda 07/02/2008 ENVIRONMENTAL ADVISORY COUNCIL AGENDA
July 2, 2008
9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building "F")—Third Floor
I. Call to Order
II. Roll Call
III. Approval of Agenda
IV. Approval of May 5, 2008 and June 4, 2008 meeting minutes
V. Upcoming Environmental Advisory Council Absences
VI. Land Use Petitions - None
VII. New Business
A. Shoreline Calculation
VIII. Old Business (Item A. shall be heard no later than 9:15 a.m.)
A. SSA/SRA Discussion
B. Review Revised LDC Amendments
C. EAC motions for approval and discussions — BCC action May 13, 2008
D. School Board Reviews
E. Update members on projects
IX. Subcommittee Reports
X. Staff Comments
Xl. Council Member Comments
XII. Public Comments
XIII. Adjournment
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Council Members: Please notify Summer Araque, Environmental Services Senior Environmental
Specialist no later than 5:00 p.m. on June 26, 2008 if you cannot attend this meeting or if you have
a conflict and will abstain from voting on a petition (252-6290).
General Public: Any person who decides to appeal a decision of this Board will need a record of the
proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
June 4, 2008
MINUTES OF THE MEETING OF THE COLLIER COUNTY
ENVIRONMENTAL ADVISORY COUNCIL
Naples, Florida, June 4, 2008
LET IT BE REMEMBERED, that the Collier County Environmental
Advisory Council in and for the County of Collier, having conducted
business herein, met on this date at 9:00 AM in REGULAR SESSION at
Building "F" of the Government Complex, Naples, Florida, with the
following members present:
CHAIRMAN: William Hughes
VICE CHAIRMAN: Dr. Judith Hushon
Allison D. Megrath (excused)
Roger Jacobsen (excused)
David Bishof
Nick Penniman
Michael V. Sorrell
Dr. Llew Williams
Paul Lehmann
ALSO PRESENT: Heidi Ashton-Cicko, Assistant County Attorney
Barbara Burgeson, Principal Environmental Specialist
Catherine Fabacher, LDC Manager
Stephen Lenberger, Sr. Environmental Specialist
ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
June 4, 2008
9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building "F") —Third Floor
I. Call to Order
II. Roll Call
Ill. Approval of Agenda
IV. Approval of the May 7 meeting minutes
V. Upcoming Environmental Advisory Council Absences
VI. Land Use Petitions — none
VII. New Business
A. Cycle 1 2008 LDC Amendments
B. EAC motions for approval and discussions —BCC action May 13, 2008
Note: Letter sent to EAC from BCC dated May 16, 2008 was sent to all members
VIII. Old Business
A. Update members on projects
B. Create procedure on accepting new information at meetings
IX. Subcommittee Reports
X. Staff Comments
A. Constructing conditions of approval that are enforceable
B. Member absences—discuss members (including alternates) shall be available
year round to attend meetings.
XI. Council Member Comments
XII. Public Comments
XIII. Adjournment
Council Members: Please notify Summer Araque, Environmental Services Senior Environmental
Specialist no later than 5:00 p.m. on May 28, 2008 if you cannot attend this meeting or if you have a
conflict and will abstain from voting on a petition (252-6290).
General Public: Any person who decides to appeal a decision of this Board will need a record of the
proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
June 4, 2008
I. Call to Order
Chairman Hughes called the meeting to order at 9:00AM.
II. Roll Call
Roll call was taken and a quorum was established.
III. Approval of Agenda
Stephen Lenberger noted that item VIII.A includes an update on Stewardship
Sending Area Projects.
Dr. Hushon moved to approve the agenda. Second by Mr. Penniman. Carried
unanimously 7-0.
IV. Approval of May 7, 2008 Meeting Minutes
Continued to next meeting.
V. Upcoming Environmental Advisory Council Absences
Dr. Hushon will not be present for the August, 2008 Meeting
Mr. Penniman will not be present for the August, 2008 Meeting. It is possible he
may miss the September 2008 Meeting.
VI. Land Use Petitions - none
VII. New Business
A. Cycle 1 2008 LDC Amendments
Dr. Hushon chaired the meeting for this item.
Catherine Fabacher, Land Development Code Manager, provided a document
entitled "Land Development Code Amendment, 2008 Cycle 1, May 2008." In
addition to the document, there were revised Amendment Requests handed out
separately for pages 5-16 and page 33-34.
LDC PAGE: LDC 1:5 and 1:6
LDC SECTION(S): Section 1.04.04 Reduction of Required Site Design
Requirements; 1.08.08 Definitions
It was noted that this was one of the revised handouts encompassing pages 5-16.
Robert Mulhere of RWA, Inc. presented the amendment request stating he has
been sub-contracted by the Transportation Department to prepare the amendment
as he has extensive experience in this issue. He reviewed Policy 3.6 on page 16
of the document which outlined a Growth Management Plan Amendment
effective February 19, 2008 which addressed lands within right-of-way
acquisitions which may be mitigated through appropriate standards. The purpose
of the amendment is to provide greater clarity in terms of how properties would
be treated after having some portion of the property acquired for public use in any
manner, including dedication, condemnation,purchase, gift and the like.
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June 4, 2008
Dr. Hushon requested clarification on the status of lands "acquired for public
use"containing existing natural vegetation—Specifically, is this area of land
included in the remaining land area when calculating for native preserve
requirements.
Robert Mulhere stated that those lands would not be included in the native
vegetation preserve calculations for development purposes.
Dr. Hushon noted this provision should be outlined in the amendment and
possibly cross referenced in other areas of the Land Development Code.
Catherine Fabacher noted this revised wording could possibly be addressed on
page 12, 2.c.
Heidi Ashton-Cicko,Assistant County Attorney recommended not including
this type of language in the amendment as it is unnecessary and may create
confusion.
Chairman Hughes moved to approve the Amendment Request(LDC
SECTION(S): Section 1.04.04 Reduction of Required Site Design Requirements;
1.08.08 Definitions)subject to Mr. Mulhere adding the suggested language
(discussed above) if found to be necessary. Second by Dr. Williams. Carried
unanimously 7-0.
LDC PAGE: LDC3:72
LDC SECTION(S): Section 1.08.02 Definitions, Section 3.06.12 Regulated
Development
It was noted that this was one of the revised handouts encompassing pages 33-34.
Ray Smith, Pollution Control Department presented the Amendment Request
and read the language contained in section 3.06.12.Z.1 on page 34 of the handout
noting the Amendment outlines new requirements for excavations or mining
operations in Collier County Wellfield Protections Zones W-1 and W-2. The
requirements are intended to restrict breaching of the aquiclude (confining layer
or unit) or an aquitard (semi confining layer or unit) in these protection zones. It
was noted that these zones were chosen(as opposed to including zones 3 and 4)
based on travel times of contaminants to the well head.
Dr. Hushon noted that the language should include a requirement of an area wide
underground topographic survey to identify the location and depth below grade of
the aquiclude and/or aquitard.
Dr. Hushon moved to approve the Amendment Request(LDC SECTION(S):
Section 1.08.02 Definitions, Section 3.06.12 Regulated Development) with the
concept included of a topographic map of the aquitard and aquiclude being
generated by the geologists prior to any excavation requiring an excavation
permit. Second by Mr. Sorrell. Carried unanimously 7-0.
LDC PAGE 3:48 - 52
LDC SECTION(S) 3.06.06 Regulated Wellfields
(Collier County Utilities Golden Gate Wellfield)
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June 4, 2008
LDC PAGE 3:48-52
LDC SECTION(S)3.06.06 Regulated Wellfields
(Florida Governmental Utility Authority Golden Gate City Wellfield)
LDC PAGE 3:48-52
LDC SECTION(S) 3.06.06 Regulated Wellfields
(Orange Tree Wel(field)
LDC PAGE 3:48-52
LDC SECTION(S) 3.06.06 Regulated Wellfields
(Ave Marie Utility Company Wellfield)
LDC PAGE 3:51
LDC SECTION(S) 3.06.06 Regulated Wellfields
(Ave Maria Language Change)
Pages 23-32 of the document.
Ray Smith, Pollution Control reviewed the Amendment Requests noting the
purpose is to remodel the Wellfield Risk Management Special Treatment Overlay
Zones for the existing wellhead protection zones (Collier County Utilities Golden
Gate Wellfield, Florida Governmental Utility Authority Golden Gate City
Wellfield, Orange Tree Wellfield), and the addition of Ave Marie Utility
Company Wellfield Risk Management Special Treatment Overlay Zone and
related language.
Chairman Hughes moved to approve all 5 Amendment Requests. (LDC PAGE
3:48 - 52, LDC SECTION(S) 3.06.06 Regulated Wellfields (Collier County
Utilities Golden Gate Wellfield); LDC PAGE 3:48-52, LDC SECTION(S)
3.06.06 Regulated Wellfields (Florida Governmental Utility Authority Golden
Gate City Wellfield); LDC PAGE 3:48-52, LDC SECTION(S) 3.06.06 Regulated
Wellfields (Orange Tree Wellfield); LDC PAGE 3:48-52, LDC SECTION(S)
3.06.06 Regulated Wellfields (Ave Marie Utility Company Wellfield);
LDC PAGE 3:51, LDC SECTION(S) 3.06.06 Regulated Wellfields(Ave Maria
Language Change.) Second by Mr. Lehmann. Carried unanimously 7-0.
Phil Gramatges,Public Utilities and Engineering Department was present and
answered a Council's question from a previous meeting, noting the ASR(Aquifer
Storage and Recovery) wells are deeper than 500 feet.
LDC PAGE: 3:38 and 3:42
LDC SECTION(S) 3.05.07 and 3.05.08 Preservation Standards and Requirement
for Removal of Prohibited Exotic Vegetation
Pages 119-125 of the document.
Susan O'Farrell of Code Enforcement presented the Amendment Request
noting it is to require individuals applying pesticides or herbicides in preserve
areas maintain certifications from the Department of Agriculture and Consumer
Services for these categories: "Natural Areas Weed Management and Aquatic
Plant Management."
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June 4, 2008
A discussion ensued on whether an individual applying the chemicals could
operate under the license of a supervisor, or is each individual physically applying
the chemicals required to hold a certification.
Susan 0' Farrell noted that it was her understanding an individual could work
under a licensed individual. The Council determined that it is advantageous to
require the licensee to be on-site during the application of chemicals.
Speaker
Lane Schwarzberg of Ecosystem Technologies addressed the Council noting he
works in the Landscape Maintenance Industry and stated this is a favorable
amendment to protect the misuse of chemicals applications which leads to the
eradication of unintended species. The certification policy requires the individual
holding the certification to be within a certain travel distance of the operation(2-4
hrs), not on-site.
It was his opinion that the Amendment would not have an undue fiscal impact on
Companies that participate in this activity; however it may have a fiscal impact on
the persons or communities contracting the work.
Mr. Penniman moved to approve the Amendment Request(LDC PAGE: 3:38
and 3:42 LDC SECTION(S)3.05.07 and 3.05.08 Preservation Standards and
Requirement for Removal of Prohibited Exotic Vegetation)subject to the
following conditions:
That the Amendment includes the language that "The individual holding the
certification must be on-site during the treatment of exotic vegetation in
preserve areas." Said wording to be added to the proposed language change on
the top of page 121 and 124, (Section 3.05.07.H.1g.ii and 3.05.08.A.6). Second
by Mr. Sorrell. Carried unanimously 7-0.
The Council commended Susan O'Farrell for her work in bringing this problem to
the County's attention.
Break- 10:30AM
Reconvene- 10:42AM
LDC PAGE 1:27
LDC SECTION(S) 1.08.02 Definitions
Page 137 of the document
Catherine Fabacher, LDC Manager presented the Amendment Request noting
it is to define the term "Passive Recreation"as found in the Land Development
Code.
Mr. Penniman moved to approve the Amendment Request(LDC PAGE 1:27,
LDC SECTION(S) 1.08.02 Definitions.) Second by Mr. Lehmann. Carried
unanimously 7-0.
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June 4, 2008
LDC PAGE 3:14 and 3:23
LDC SECTION(S) 3.04.01Generally; 3.04.02 Species Specific Requirement;
3.04.03 Requirements for Protected Plants; 3.04.04 Penalties for Violation: Resort
to Other Remedies
Page 139-154 of the document
Stephen Lenberger, Sr.Environmental Specialist presented the Amendment
Request noting it is to include criteria for protection of selected listed plants and
to correct Scrivener errors in section 3.04.02. The related list of plants provided
on page 153 were developed via numerous Environmental Advisory Council
subcommittee meetings as well as Stakeholder and Expert Consultant's input.
Dr. Hushon noted that there was Subcommittee discussion to include provisions
for removing threatened or endangered species from a site and re-locate them to
an acceptable area; this language may want to be included in the Amendment.
A discussion ensued on the proposed language in the Amendment Request,
including who would determine the interpretation of the term of"where feasible"
and the language in Section 3.04.01 A; etc.
Speaker
Nicole Ryan, Conservancy of Southwest Florida addressed the Council noting
the changes are favorable however based on recent studies, that Section 3.04.02.A
should address the density for Gopher Tortoise re-locations and suggested the
density be limited 2 Gopher Tortoises per acre. Further, she recommended
broadening the list of plant species shown on page 153 and would like to provide
a proposed list to Staff.
Stephen Lenberger stated he has a copy of the list of species proposed by the
Conservancy and it is fairly extensive and did consider the plants listed in
developing the proposed list. Further, a lot of the species on their list are not
located in the Coastal areas.
The Council recommended that the Conservancy submit a significantly narrowed
down list(3-4 additional plants) for consideration by Staff to add to the Section.
Further,that adding a density limit to Gopher Tortoise re-location language
should be considered.
The Council determined that the Amendment Request should be reviewed by
Staff and altered as necessary based on the discussion and re-submitted for the
Council's review.
LDC PAGE 1:35— 1:36, 3:28; 10.89; 10.91; 10.96
LDC SECTION(S) 1.08.02 Definitions;3.05.05 Criteria for Removal of Protected
Vegetation; 10.02.06 Submittal Requirements for Permits
Page 155-161 of the document
Barbara Burgeson, Principal Environmental Specialist noted the Amendment
Request is for providing a vegetation removal permit and provide determining
criteria for removal of vegetation containing nests or cavity trees of protected or
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June 4, 2008
listed animal species. Some of the changes are to correct Scrivener errors as well
as adding the ability to protect dead woody plants that have a nest or cavity for
listed or protected animal species.
The Council suggested that the list or definition of"Protected Species" should be
clarified.
Barbara Burgeson noted that the County would process any violations as
necessary and then report them to the State of Florida for further actions. The
County is limited to a maximum fine of$5000 per violation.
The Council requested Staff to review this limitation and determine if any other
penalties may be levied at the County level.
The Council determined that the Amendment Request should be reviewed by
Staff and altered as necessary based on the discussion and re-submitted for the
Council's review.
It was noted that Amendment Request LDC Page 10:46, Section 9.03.01 and
Section 10.02.03 (pages 127-129 of the document)do not require review by the
Environmental Advisory Council's (EAC).
Stan Chrzanowski, PE,Planning Review was available to the Council to
answer any questions regarding the Amendment Request.
A discussion ensued on the issue of Site Development plans changing after the
EAC approves a related Environmental Impact Statement and whether the EAC
should review these changes.
It was noted that if a Site Development Plan change triggers a revision to the
application's EIS (Environmental Impact Statement), the revised EIS would
require EAC review.
LDC PAGE 3:28:1 - 3:28:2
LDC SECTION(S) 3.05.07 Preservation Standards
Page 163-170 of the document
Stephen Lenberger,Sr. Environmental Specialist presented the Amendment
Request noting it is mainly to revise the native vegetation definition and
requirements and to include criteria for off site vegetation retention for proposed
and established preserves.
A discussion ensued regarding the following items:
• Page 165,paragraph 7, line 6 eliminating the word "native"
• Page 166, paragraph 9, a possible acreage limit for this exemption
• Page 167, paragraph 2 and 3, the issue of allowing mismanaged preserves to
mitigate off-site without penalties
• Ensuring not to penalize proposed sites that contain low quality potentials
for on-site preservation
• Page 169,paragraph 1, suggesting removing the language "up to 25
percent"and revising to "25 percent"
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June 4, 2008
• Ensuring the Amendment does create an incentive for existing preserves to
be mismanaged to allow for potential alternative uses within an existing
development
Speaker
Nicole Ryan, Conservancy of Southwest Florida addressed the Council, stating
that the size limits for the applicable parcels is adequate and further wants to
ensure that there are not burdens created on tax payers on the management and
maintenance of these off site parcels. They support the 25 percent flat fee
requirement for grantors in management of the parcels, (which should also apply
to donators of land within this category as well.)
The Council determined that the Amendment Request should be reviewed by
Staff and altered as necessary based on the discussion and re-submitted for the
Council's review.
Break 12:1 5PM
Re-Convene 1:09PM
Dr. Williams did not return
LDC PAGE: 3:30—3:34
LDC SECTION(S): 3.05.07 Preservation Standards
Pages 171-178 of the document
Stephen Lenberger presented the Amendment Request noting it is to include
wetland protection standards for the Rural Fringe Mixed Use District subsection
of the code.
Chairman Hughes moved to approve the Amendment Request(LDC PAGE:
3:30—3:34) LDC SECTION(S): 3.05.07 Preservation Standards. Second by Mr.
Penniman. Carried unanimously 6-0.
LDC PAGE: 3:35 —3:36
LDC SECTION(S): 3.05.07 Preservation Standards
Pages 179-181 of the document
Stephen Lenberger presented the Amendment Request noting it is to provide
criteria for dimensional requirements for preserves.
Mr. Penniman moved to approve the Amendment Request(LDC PAGE: 3:35 —
3:36 LDC SECTION(S): 3.05.07 Preservation Standards)subject to the
following change: Page 180, 3.05.07B.2 to read"for property equal to or
greater than ten acres and less than twenty acres..."Second by Mr. Sorrell.
Carried unanimously 6-0.
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June 4, 2008
LDC PAGE: 3:36
LDC SECTION(S): 3.05.07 Preservation Standards
Page 183-184 of the document
Stephen Lenberger presented the Amendment Request noting it is to include a
size threshold for which conservation easements are required.
Speaker
Nicole Ryan,Conservancy of Southwest Florida addressed the Council seeking
clarification that preservation areas greater than 1 acre will still be required to
maintain conservation easements.
Stephen Lenberger noted this would still be a requirement.
Mr. Penniman moved to approve the Amendment Request(LDC PAGE: 3:36
LDC SECTION(S): 3.05.07 Preservation Standards)subject to the following
change: Page 184, 3.05.07.H.1.d,paragraph 4, replace the word "consistent"
with the word "compatible"in the text. Second by Chairman Hughes. Carried
unanimously 6-0.
LDC PAGE: 3:36-3:38
LDC SECTION(S): 3.05.07 Preservation Standards
Page 185 -190 of the document
Stephen Lenberger presented the Amendment Request noting it is to provide
criteria when creation or restoration of native vegetation is allowed.
Mr. Penniman moved to approve the Amendment Request(LDC PAGE: 3:36-
3:38, LDC SECTION(S): 3.05.07 Preservation Standards). Second by Chairman
Hughes. Carried unanimously 6-0.
LDC PAGE: 3:38-3:39
LDC SECTION(S): 3.05.07 Preservation Standards
Page 191-198 of the document
Stephen Lenberger presented the Amendment Request noting it is to implement
requirements of the GMP(Growth Management Plan) with regard to Preserve
Management Plans and how they address natural diversity, Stormwater
Management Plans and agency approved Listed Species Management Plans.
A discussion ensued regarding the following items:
• Page 192, Section 3.05.07H.l.g.ii line 8, addition of the word"the" before
the word"vegetation"
• Page 192, Section 3.05.07H.l.g.ii, adding language that the approved
herbicide be used in a manner according to the label approved by the
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June 4, 2008
Environmental Protection Agency(and/or Florida Department of
Environmental Protection)
• Page 192, Section 3.05.07H.l.g.ii,removal of the last underlined sentence
regarding mechanical removal of vegetation
• Altering Page 192, Section 3.05.07 H.l.g, after the first sentence, add a
statement "criteria i, ii and vi below are required for all preserves"or
similar language
• Clarification of language on Page 194, Section 3.05.07 H.1.g.vii regarding
monitoring requirements
Speaker
Nicole Ryan, Conservancy of Southwest Florida addressed the Council noting
the language is confusing over the standards required for the different size
preserves. Further, the requirements should address those preserves receiving
treated stormwater where necessary and agrees on the clarification for the
language regarding the monitoring requirements.
The Council determined that the Amendment Request should be reviewed by
Staff and altered as necessary based on the discussion and re-submitted for the
Council's review.
LDC PAGE: 3:39
LDC SECTION(S): 3.05.07 H Preservation Standards
Pages 195-197 of the document
Barbara Burgeson presented the Amendment Request noting it is for adding
criteria to define allowable passive recreation uses in preserves.
Mr. Penniman moved to approve the Amendment Request(LDC PAGE: 3:39;
LDC SECTION(S): 3.05.07 H Preservation Standards)subject to the following
changes: Page 196, 3.05.07.H.1.h.i.a.ii to read "Pathway shall be kept to a
maximum width of 5 feet";striking of the word "impervious"in Sections
3.05.07.H.h.l.a.i and Section 3.05.07.H.h.1.a.vii of the Amendment Request.
Second by Mr. Lehmann.
Speaker
Nicole Ryan, Conservancy of Southwest Florida addressed the Council
supporting the Amendment Request.
Carried unanimously 6-0.
LDC PAGE: 3:39
LDC SECTION(S): 3.05.07 Preservation Standards
Pages 199-202 of the document
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June 4, 2008
Barbara Burgeson presented the Amendment Request noting it is to add criteria
to allow treated stormwater within wetland or hydric preserve areas when the
additional stormwater will either benefit the preserve or will have no negative
impact on the native vegetation or listed species in the preserve or to the upland or
listed species within, or adjacent to the preserve. She noted that this Amendment
Request was reviewed, but not approved by the Board of County Commissioners
in the last Cycle of Amendments.
A discussion ensued regarding the following items:
• The Amendment Request cross referencing Section 3.07.02 of the Land
Development Code regarding the 150 percent volumetric stormwater
treatment requirement prior to discharges into preserves
• Concerns of discharging treated stormwater into preserves with a
combination of hydric as well as non-hydric soils without installation of a
control structures
• Referencing a definition of a hydric soil
• Ramifications of the different locations of installed stormwater control
structures and their impacts(positive and negative) on the quality of
wetlands or non-hydric soils
• Possible language for parameters for the installation of stormwater control
structures
• Ramifications of allowing the discharge of treated stormwater into
preserves with non-hydric soils and upland vegetation (Section
3.05.07.H.1.h.ii.c, Page 200) and possible removal of this Section and allow
these applications to be covered by Section 3.05.07.H.1.h.ii.h (Page 202)
• Adding the word"treated"before the word stormwater in Section
3.05.07.H.l.h.ii.g(Page 201)
• Language in Section 3.05.07.H.l.h.ii.e(Page 201) to ensure that stormwater
treatment structures are located adjacent to, or outside the preserve area
Speaker
Nicole Ryan, Conservancy of Southwest Florida addressed the Council stating
that areas that contain non-hydric soils and upland vegetation should not receive
treated stormwater unless it is part of a deviation process provided in Section
3.05.07.H.l.h.ii.h (Page 202) and the requirement of specific management and
monitoring criteria. She noted allowing this treated stormwater to enter these
areas are not part of the natural re-hydration cycle.
A debate ensued on whether or not there are benefits of allowing treated
stormwater in preserves containing non-hydric soils or upland vegetation and if it
is a positive or negative impact on any wetlands that may be hydrologically linked
with these areas.
Dr. Hushon requested that any individuals may provide proposed language for
this Section to Stephen Lenberger for review.
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June 4, 2008
The Council determined that the Amendment Request should be reviewed by
Staff and altered as necessary based on the discussion and re-submitted for the
Council's review.
LDC PAGE: 3:50 and 4:32
LDC SECTION(S): 3.06.04 Groundwater Protection; 4.02.14 Design Standards
in Developments in the ST and ACSC-ST Districts.
Pages 203-206 of the document
Stephen Lenberger presented the Amendment Request noting it is to clarify in
the code, the process used to regulate groundwater protection special treatment
overlay zones and cross-reference this requirement to other applicable sections of
the code.
Mr. Penniman moved to approve Amendment Request(LDC PAGE: 3:50 and
3:42, LDC SECTION(S): 3.06.04 Groundwater Protection; 4.02.14 Design
Standards in Developments in the ST and ACSC-ST Districts). Second by
Chairman Hughes. Carried unanimously 6-0.
LDC PAGE: 4:196 and 4:200
LDC SECTION(S): 4.08.07 SRA Designation
Pages 207-208 of the document
Stephen Lenberger presented the Amendment Request noting it is to correct
citations.
Mr. Penniman moved to approve Amendment Request(LDC PAGE: 4:196 and
4:200, LDC SECTION(S): 4.08.07 SRA Designation.) Second by Chairman
Hughes. Carried unanimously 6-0.
LDC PAGE: 8:11- 8:12
LDC SECTION(S): 8.06.03 Powers and Duties 8.06.04 Membership
Pages 209-215 of the document.
Stephen Lenberger presented the Amendment Request noting it is adding criteria
for a Petitioner to request a waiver to the Environmental Advisory Council
hearing requirements when specific conditions are met.
Mr. Penniman moved to approve the Amendment Request(LDC PAGE: 8:11-
8:12, LDC SECTION(S): 8.06.03 Powers and Duties 8.06.04 Membership)
subject to the following changes:
Section 8.06.03.0.1, line 2(Page 212) -from "when the following conditions
are met:"to "when one of the following conditions is met:"
Section 8.06.03.0.1.c, line 1 (Page 212) -from "An EIS was previously
approved by the EAC and the..."to "An EIS was previously approved by the
EAC and is less than 5 years old and the..."
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June 4, 2008
Second by Mr. Lehman. Carried unanimously 6-0.
LDC PAGE: 10:06-10:14
LDC SECTION(S): 10.02.02 Submittal Requirements for All Applications
Pages 217-234 of the document
Stephen Lenberger presented the Amendment Request noting it is to revise the
Environmental Impact Statement(EIS) sub-section of the LDC implement EAR-
based GMP amendment to Policy 6.1.8 of Conservation and Coastal Management
Element(CCME).
Mr.Bishof noted that Section 10.02.02.A.2.a.ii (Page 219-220) regarding wetland
functionality scores is inconsistent with the Florida Administrative Code (FAC).
Stephen Lenberger requested Mr. Bishof to forward any Sections of the FAC
applicable to this Section of the Amendment Request to him for review.
A discussion ensued regarding the following items:
• Section 10.02.02.A.2.a.iii line 11-12 (Page 220) suggesting changing the
language in the last sentence to from"must demonstrate no increase in
nutrient ... in the post development scenario"to "must demonstrate not to
violate State Water Quality Standards in the post development scenario"(or
similar language)
• Section 10.02.02.A.2.b.ii (Page 220) discussion over management plan
requirements for sites that"contain potential habitat for listed or protected
species"
• Section 10.02.02.A.2.c.i (Page 221) including language to incorporate for
"legally cleared lands"
• Section 10.02.02.A.2.c.iii (Page 221)referencing the most recent version of
FLUCFCS — it was noted an opinion should be provided by the Assistant
County Attorney regarding the legal ramifications of citing specific versions
of documents, studies, ordinances, etc. in the Land Development Code
Break—3:00PM
Re-convene—3:10PM
• Section 10.02.02.A.2.c.vi (Page 222)rewording this Section for clarification
on the specific type of topography data required in certain areas and
possibly removing lichen lines as biological indicators
• Section 10.02.02.A.2.d.ii line 1 (Page 222) change wording from "known
environmental contamination"to "known or suspected environmental
contamination"
• Section 10.02.02.A.2.d.v(Page 222)line 2 rewording from "old farm
fields..."to "farm fields...."or`former farm fields"or define the term old
with a specific time frame. Also define the parameters of"Community
Facilities."
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June 4, 2008
• Section 10.02.02.A.1.A.3 (Page 224) line 3 reword from"development or
site alteration:"to"development or site alteration of "
• Section 10.02.02.A.5.e.i (Page 227)concern over requiring a wetland
determination "to be verified by the South Florida Water Management
District or Florida Department of Environmental Protection, prior to
submission to the County"and the negative impact on the applicants timing
in submitting applications to the County(having to wait for this
determination before submitting applications to the County for review)
Stephen Lenberger noted this is a Comprehensive Plan requirement and a
change in this wording may require a revision to the Comprehensive Plan.
It was noted that any individuals may submit comments on the Amendment
Requests to Stephen Lenberger for review.
The Council determined that the Amendment Request should be reviewed by
Staff and altered as necessary based on the discussion and re-submitted for the
Council's review.
LDC PAGE: 10:104 -10:109
LDC SECTION(S): 10.02.06 Submittal Requirements for All Applications
Pages 235- 242
It was suggested that Section 10.02.06.I.2.d. (Page 238) should contain a time
limit for issued ATV permits.
The Council determined that the Amendment Request should be reviewed by
Staff and altered as necessary based on the discussion and re-submitted for the
Council's review.
B. EAC motions for approval and discussions—BCC action May 13,2008
Note: Letter sent to EAC from BCC dated May 16, 2008 was sent to all members
Chairman Hughes acknowledged receipt of a letter from Commissioner Tom
Henning, Chairman of the Board of County Commissioners reiterating the Duties
and Scope of Authority for Advisory Boards. The letter was sent to members of
all Advisory Boards in Collier County.
Chairman Hughes noted that there was to be a presentation under this item by
the Assistant County Attorney regarding the Powers and Duties of the
Environmental Advisory Council (EAC).
Heidi Ashton-Cicko, Assistant County Attorney stated that Assistant County
Attorney Jeff Wright (Council to the EAC)could not be present for the meeting
today.
Chairman Hughes moved to continue the discussion on this item to next month.
Second by Mr. Lehmann. Carried unanimously 6-0.
VIII. Old Business
14
June 4, 2008
A. Update members on projects
Stephen Lenberger submitted a copy of a memorandum prepared by Laura
Roys, Sr. Environmental Specialist dated May 23, 2008 to the Council regarding
an SSA1 I application.
B. Create procedure on accepting new information at meetings
The Council discussed procedures for accepting new information submitted by
applicants at or before Environmental Advisory Council hearings (information
not part of the regular distribution package.)
Chairman Hughes moved to require that any new information submitted by
applicants be received 30 days in advance of the hearing for Staff members and
7 days(calendar days)in advance of the hearing for Council members. Second
by Dr. Hushon. Carried unanimously 6-0.
IX. Sub-Committee Reports
None
X. Staff Comments
None
A. Constructing conditions of approval that are enforceable
Dr. Hushon noted that the Planning Commission has requested that Council
members indicate why they are voting"no"on a particular application. Further,
provide an explanation for the reason a condition is placed on an application
approval.
B. Member absences—discuss members(including alternates) shall be
available year round to attend meetings.
No discussion.
XI. Council Member Comments
Mr. Sorrell requested any information on the issue raised last meeting whether
County School projects are required to submit Environmental Impact Statements for
review.
Stephen Lenberger requested Mr. Sorrell to forward any information on a particular
project to Susan Mason for her to investigate and report back to the Environmental
Advisory Council with any explanations necessary. He stated that the parameters of a
School Board project review are determined by County Staff on a case-by-case basis.
XII. Public Comments
None
15
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r ,
June 4, 2008
i C
There being no further business for the good of the County, the meeting was
adjourned by the order of the Chair at 4:08 PM.
COLLIER COUNTY ENVIRONMENTAL
ADVISORY COUNCIL
Chairman William Hughes
These Minutes were approved by the Board/Chairman on
as presented , or as amended
1
kor
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LDC Amendment Request
ORIGIN: Community Development& Environmental Services Division
AUTHOR: Barbara Burgeson, Manager, Environmental Services
Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT: Engineering and Environmental Services Department
AMENDMENT CYCLE: 2008 Cycle 1
LDC PAGE: LDC3:14 & LDC3:23
LDC SECTION(S): 3.04.01 Generally
3.04.02 Species Specific Requirements
3.04.03 Requirements for Protected Plants
3.04.04 Penalties for Violation: Resort to Other Remedies
CHANGE: Include criteria for protection of selected listed plants.
Scrivener's error to correct lettering/numbering in section 3.04.02.
Update the gopher tortoise and bald eagle sections to reflect changes so
the Code is consistent with the FFWCC Bald Eagle (BE) and Gopher
Tortoise (GT) Management Plans approved last September 2007 and this
June 2008.
REASON: Required as part of the EAR-based GMP amendment to CCME Policy 7.1.6.
Policy 7.1.6 states the following:
"The County shall evaluate the need for the protection of listed plants and within one (1)
year of the effective date of this amendment adopt land development regulations
addressing the protection of listed plants."
Scrivener's error to correct lettering/numbering.
To be consistent with the FFWCC management plans for the BE and GT as
recommended by the EAC.
FISCAL & OPERATIONAL IMPACTS: Where listed plants identified in this
amendment occur on site and where relocation is feasible, additional expense will be
incurred upon the applicant to relocate them. Management needs for listed plants will
have to be included in preserve management plans, where applicable.
RELATED CODES OR REGULATIONS: None
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GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR-based
GMP amendment to CCME Policy 7.1.6.
OTHER NOTES/VERSION DATE: Created May 1, 2008. Amended June 11, 2008.
Amend the LDC as follows:
3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES
3.04.01 Generally
A. The purpose of this section is to protect species in the County, by including
measures for protection, management and monitoring and/or relocation of
endangered, threatened, Of species of special concern, or species protected by
F.A.C., F.S. the Endangered Species Act or other approved guidelines, rules or
management plans (herein after referred to as protected species); listed or
protected by:
1. Florida Fish and Wildlife Conservation Commission (FFWCC) as
endangered, threatened, Of species of special concern, species protected
by F.A.C; protection pursuant to Chapter 163, F.S.
2. United States Fish and Wildlife Service (USFWS) as endangered or
threatened.
3. Convention of International Trade in Endangered Species of Wild Fauna
and Flora (CITES).
4. Endangered, threatened or commercially exploited plants listed by the
Florida Department of Agriculture and Consumer Services as further
identified in section 3.04.03.
B. Applicability and Exemptions.
1. General Applicability: Except as provided in 2. below, all new
development shall be directed away from listed species and their
habitats by complying with the guidelines and standards set forth in this
section.
2. Exemptions: The following are exempt from the provisions of this Section:
a. Agricultural operations that fall within the scope of sections
163.3162(4) or 823.14(6), Florida Statutes;
b. All development applications within the RLSA District, except as
specifically provided in section 4.08.00; and
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c. All development applications within the NBMO, except as
specifically provided in section 2.03.08.
C. EIS and management plans.
1. Exemption. Single-family lots that are not part of a previously approved
subdivision or SDP shall not be required to prepare an EIS or a
management plan.
2. EIS. An EIS is required as set forth in section 10.02.02. The County shall
notify the FFWCC and USFWS of the existence of any listed species that
may be discovered.
3. Management and Monitoring Plans.
a. General Requirements. A wildlife management and monitoring
plan shall be required for all projects where the wildlife survey
indicates listed or protected species are utilizing the site. These
plans shall describe how the project directs incompatible land
uses away from listed or protected species and their habitats and
shall incorporate proper techniques to protect listed or protected
species and their habitat from the negative impacts of proposed
development.
b. References. The following references shall be used, as
appropriate, to prepare the required management plans;
South Florida Multi-Species Recovery Plan, USFWS,
1999.
ii. Habitat Management Guidelines for the Bald Eagle
Management Plan Adopted April 9, 2008 by the FFWCC
(and technical literature cited therein), in the Southeast
Region, USFWS, 1987. the Bald and Golden Eagle
Protection Act, the Migratory Bird and Treaty Act, and the
F.A.C. 68A-16.002 Bald Eagle protection.
iii. Ecology and Habitat Protection Needs of Gopher Tortoise
(Gopherus polyphemus) Populations found on Lands
Slated for Large Scale development in Florida, Technical
Report No. 4, Florida Game and Fresh Water Fish
Commission, 1987 and the Gopher Tortoise Management
Plan Adopted September 2007 by the FFWCC (and
technical literature cited therein) .
iv. Ecology and development-Related Habitat Requirements
of the Florida Scrub Jay (Aphelocoma coerulescens),
Technical Report No. 8, Florida Game and Fresh Water
Fish Commission, 1991.
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D. Protective measures. All develops applications subject to this section shall
adhere to the following:
1. General.
a. In those areas where clustering is permitted, all developments
shall be clustered to discourage impacts to listed species
habitats.
b. Open space and vegetation preservation requirements shall be
used to establish buffer areas between wildlife habitat areas and
areas dominated by human activities.
c. Provisions such as fencing, walls, or other obstructions shall be
provided to minimize development impacts to the wildlife and to
facilitate and encourage wildlife to use wildlife corridors.
d. Appropriate roadway crossings, underpasses, and signage shall
be used where roads must cross wildlife corridors.
e. When listed species are directly observed on site or indicated by
evidence, such as denning, foraging or other indications, priority
shall be given to preserving the habitat of that listed species, as
provided in section 4.06.04.
f. Management Plans shall contain a monitoring program for all
preserves with listed or protected species on site or when the site
is known to be foraging habitat for listed or protected species.
g. Letters of technical assistance from the FFWCC and written
recommendations from the USFWS shall be deemed to be
consistent with the GMP.
E. Single-family platted lots, - - -•- -•- •- -- - - - •• ' -, shall
be exempt from the requirements set forth in section 3.04.02 B., when these lots
are not a part of a previous development which has been required to comply
with section 3.04.02 B. However, gopher tortoises shall be protected pursuant to
this section.
3.04.02 Species Specific Requirements
On property where the wildlife survey establishes that listed or protected species
are utilizing the site or where the site is capable of supporting listed or protected species
and such listed or protected species can be anticipated to potentially occupy the site, the
County shall, consistent with the GMP, consider and utilize recommendations and letters
of technical assistance from the Florida Fish and Wildlife Conservation Commission and
recommendations from the U.S. Fish and Wildlife Service in issuing development
orders. It is recognized that these agency recommendations, on a case by case basis,
may change the requirements contained herein and any such change shall be deemed
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to be consistent with this Code. The following specific species management and
protection plans shall be applicable, in addition to those required by other provision in
this section 3.04.00:
A. Gopher Tortoise (Gopherus polyphemus).
1. All gopher tortoises, their habitats, and the associated
commensals are hereby protected.
2. It is expressly prohibited to take, which means to harass, harm,
hunt, shoot, wound, kill, trap, capture, collect, or attempt to
engage in any such conduct, any gopher tortoise, and to alter,
destroy, or degrade the functions and values of their natural
habitat, unless otherwise provided for in this section.
3. All gopher tortoise burrows are protected, and it is prohibited to
intentionally destroy or take any such burrow by any means,
unless otherwise provided for in this section.
4. Personnel authorized by the FFWCC or the County may house
and relocate tortoises, as necessary and provided for in this
section.
5. When gopher tortoises are identified on-site, a protectionLandier
management and monitoring plan or off-site relocation and
monitoring plan shall be submitted to the County Manager or
designee for review and approval.
6. The protectionLandler management and monitoring plan shall
include, but not be limited to, the following items:
a. A current gopher tortoise survey, which shall be field-
verified by planning services staff. the County Manager or
designee.
b. A proposal for either maintaining the population in place or
relocating it.
c. A site plan identifying the boundaries of the gopher tortoise
preserve.
d. The method of relocation, if necessary.
e. The proposed supplemental plantings, if needed.
f. Detail of the gopher tortoise preserve fencing.
g. An annual maintenance plan describing exotic removal
and vegetation management.
h. Identification of persons responsible for the initial and
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annual protection and/or management of the tortoises and
the preserve area. Suitable gopher tortoise habitat shall be
designated on the site plan at the time of the first
development order submittal. Suitable habitat preserved
on site shall be credited to the preservation requirement as
specified in section 3.05.00 of this LDC.
An annual monitoring plan in accordance with the
Gopher Tortoise Management Plan Adopted September
2007 by the FFWCC (and technical literature cited therein).
7. Suitable habitat shall be defined as having the following
characteristics:
a. The presence of well-drained, sandy soils, which allow
easy burrowing for gopher tortoises.
b. Appropriate herbaceous ground cover (if not present,
supplemental food sources shall be planted).
c. Generally open canopy and sparse shrub cover, which
allow sufficient sunlight to reach the ground.
d. Typically, includes the presence of an existing gopher
tortoise population.
e. Be a minimum of 25 acres for relocation purposes or may
be less if the population is existing and is healthy.
8. Off-site relocation and monitoring plans shall be permitted to meet
all or part of the on-site gopher tortoise habitat preservation
requirements under the following circumstances:
a. Where suitable habitat does not exist on-site;
b. Where a property owner meets the minimum on-site native
vegetation preservations requirements of this LDC with
, and cannot provide appropriate
adequate suitable habitat for gopher tortoises as described
above; or
c. Where scientific data has been presented to the County
Manager or designee, and an environmental professional
opinion is rendered that the -e-. ••-• _ e.•_- --
required on site gopher tortoise habitat preservation area
on site will not be conducive to the long-term health of the
on-site population of tortoises.
9. If an off-site relocation monitoring plan is authorized under one (1)
or more of the above conditions criteria, approval of such a plan
and associated shall require a FFWCC State permit,, sh
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obtained from the FFWCC. Where appropriate, a combination of
on-site preservation and off-site relocation may be considered.
10. When relocating tortoises on-site, the density shall be reviewed on
a case-by-case basis, and shall be based on the
recommendations found in the Gopher Tortoise Management Plan
Adopted September 2007 by the FFWCC (and technical literature
cited therein) no more than five (5) tortoiscs per acro will be
11. When identifying the native vegetation preservation requirement
of section 3.05.07 of this LDC for parcels containing gopher
tortoises, priority shall be given to protecting the largest, most
contiguous gopher tortoise habitat with the greatest number of
active burrows, and for providing a connection to off-site adjacent
gopher tortoises' preserves. All gopher tortoise preserves shall be
platted with protective covenants, as required by this section and
section 3.05.07 H of this LDC or, if the project is not platted, shall
provide such language on the approved site development plan. It
shall be a priority to preserve scrub habitat, when it exists on-site,
for its rare unique qualities and for being one of the most
endangered habitats in the County, regardless of whether gopher
tortoises are relocated off-site.
12. Gopher tortoises shall be removed from all active a inactive
and abandoned burrows located within the area of construction
prior to any site improvement, in accordance with the
protection/management plan approved by County Manager or
designee.
13. Exemptions. Single family platted lots, seven and one half acres
or lest in size, shall be exempt from the requirements set forth in
subsections 5 through 11 above, when these lots are not a part of
a previous development which has been required to comply with
subsections 5 through 11. However, gopher tortoises shall be
protected pursuant to 1.—, 2 and 3 above.
B. Sea Turtle Protection.
1. The purpose of this section is to protect the threatened and
endangered sea turtles that nest along the beaches of the
County, by safeguarding sea turtle hatchlings from sources of
artificial light, and adult and hatchling sea turtles from injury or
harassment. The County shall adhere to state and federal
guidelines for the protection of sea turtles.
2. The requirements of this section apply when development or
lighting associated with development is located within three
hundred (300) feet of mean high water; when parking lots, dune
walkovers, or other outdoor lighting is proposed; and when
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C reflective surfaces that will be illuminated by outdoor lighting will
be visible from the beach.
a. Outdoor lighting shall be held to the minimum necessary
for security and safety. Floodlights and landscape or
accent lighting shall be prohibited.
b. All lighting, including wall-mounted fixtures, pole lighting,
lights on balconies, and any other type of lighting not
specifically referenced by this section, shall be of low
intensity, and shall be fitted with hoods or positioned so
that the light sources, or any reflective surfaces illuminated
by such sources, shall not be visible from the beach.
c. Low profile luminaries shall be used in parking lots, and
such lighting shall be fitted with hoods or positioned so that
the light sources, or any reflective surfaces illuminated by
such sources, shall not be visible from the beach.
d. Dune crosswalks shall utilize low profile shielded
luminaries directed and positioned so that light sources, or
any reflective surfaces illuminated by such sources shall
not be visible from the beach. dune crossover lighting
shall be limited to the area landward of the primary dune.
e. If high intensity lighting is necessary, low pressure sodium
vapor luminaries shall be used and fitted with a hood or
positioned so that the light sources, or any reflective
surfaces illuminated by such sources, shall not be visible
from the beach.
f. Plates of tinted glass are required for windows that are
visible from the beach. The tinted glass shall be any
window or glazing that has an industry-approved light
transmittance value of forty-five (45) percent or less. Such
transmittance shall be limited to the visible spectrum (400
to 700 nanometers), and shall be measured as the
percentage of light that is transmitted through the glass,
inside to outside.
g. Temporary security lights at construction sites shall not be
mounted more than fifteen (15) feet above the ground.
Light sources, or any reflective surfaces illuminated by
such sources, shall not be visible from the beach.
3. For existing development, existing structures with any light
sources, or reflective surfaces illuminated by such sources, that
are visible from the beach, shall be in compliance with the
following:
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a. All lights shall be turned off after 9:00 p.m. between May 1
and October 31 of each year, or fitted with a hood or
positioned so that the light sources, or any reflective
surfaces illuminated by such sources, shall not be visible
from the beach.
b. Lights illuminating dune crosswalks shall be turned off
after 9:00 p.m. between May 1 and October 31 of each
year, and must be modified to conform to the requirements
for new development in accordance with section
3.04.03(B) of this section.
c. Security and emergency exit lighting shall follow the same
requirements stated in section 3.04.03(C)(1) of this
section. If high intensity lighting is necessary, low pressure
sodium vapor luminaries shall be used and fitted with a
hood, or positioned so that the light sources, or any
reflective surfaces illuminated by such sources, shall not
be visible from the beach.
d. At least one (1) of the following measures shall be taken,
where applicable, to reduce or eliminate the negative
effects of interior light emanating from doors or windows
within the line of sight of the beach, where lights currently
illuminate the beach:
In windows facing the Gulf of Mexico, and all inlet
shorelines of these beaches, tinted window
treatments are required for windows that are visible
from the beach so that indoor lights do not
illuminate the beach. The tinted glass shall be any
window or glazing that has an industry-approved
light transmittance value of forty-five (45) percent or
less. Such transmittance shall be limited to the
visible spectrum (400 to 700 nanometers), and
shall be measured as the percentage of light that is
transmitted through the glass, inside to outside.
ii. Rearrange lamps and other movable fixtures away
from windows.
iii. Use window treatments, including, but not limited
to, blinds and curtains, to shield interior lights from
the beach.
iv. Turn off unnecessary lights.
4. All publicly owned lighting with light sources that are visible from
the beach, or that illuminate reflective surfaces that are visible
from the beach, shall be turned off after 9:00 p.m. between May 1
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and October 31 of each year, or shall be fitted with a hood, or
positioned so that the light sources, or any reflective surfaces
illuminated by such sources, are not visible from the beach.
5. It shall be unlawful, during the nesting season, to construct any
structure, add any fill, mechanically clean any beach, or grade
any dirt within 100 feet of the nesting zone of a beach where sea
turtles nest or may nest, without obtaining a construction in sea
turtle nesting area permit from the County Manager or designee.
a. If sea turtle nesting occurs within 100 yards of the
construction, measured parallel to the shoreline during
permitted construction activities, the nest area shall be
flagged by the permittee and the County Manager or
designee informed prior to 9:00 a.m. of that morning.
b. Depending on nest location, in relation to intensive
construction activities, the County Manager or designee
may require that the nest(s) be relocated by the applicant.
c. Construction activities shall not interfere with sea turtle
nesting, shall preserve or replace any native vegetation
on the site, must maintain the natural existing beach
profile, and minimize interference with the natural beach
dynamics and function.
d. Construction or repair of any structure, including, but not
limited to, dune walkovers, seawalls, or other revetments,
sandbags, groins, or jetties, shall not be permitted during
sea turtle nesting season on any County beaches, except
if permitted structures are damaged by a named storm or
other declared natural disaster and the following conditions
are met:
1. Minor repair work (boards need to be nailed back to
2. Prior to any major repair work (greater than that
a. The appropriate permit from FDEP.
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b. The location of all known sea turtle nests.
Community Development and
Environmental Services (ODES) staff will
provide assistance in locating nests.
c. A survey by a qualified consultant locating
any gopher tortoise burrows on site within
50 feet of the structure. Relocation of
gopher tortoises will be required when the
burrows are in harms way of the
d. Photographs of the site as it existed after
property. -- - - -
c. An aerial of the property showing the CCSL
line.
f. A copy of a CCSL variance or CCSL permit
3. Sea turtle nest locations will be reestablished using
. • ••• ! -- _ •- - --- -- ' - - - - -_
- -e• - - - - - - ?! ._ • •-
Subsection 161.055, of the Coastal Zone
that they also comply-with:
a. Federal requirements for elevations above
the 100 year flood level,
b. Collier County Building Code requirements
for flood proofing,
c. Current building and life safety codes,
d. Collier County and State of Florida
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c. Applicable disability accec regulations of
f. Any required Collier County zoning and
requirements established, unless
compliance with such zoning or other
development regulations would preclude
Emergency Review Board established
herein.
Minor repair work (boards need to be nailed back to
the existing intact structure, or a few boards need
to be replaced) that can be performed completely
from atop the structure is authorized after obtaining
the necessary approval of the FDEP and notifying
Collier County Environmental Services of that work.
ii. Prior to any major repair work (greater than that
described in 1 above) or reconstruction of any part
of the structure, the following information shall be
provided to so that staff can determine if the major
repair or reconstruction can occur prior to the end
of sea turtle nesting season:
a) The appropriate permit from FDEP.
b) The location of all known sea turtle nests.
Community Development and
Environmental Services (CDES) staff will
provide assistance in locating nests.
Construction activities shall not occur within
10 feet of these boundaries for viable nests.
c) A survey by a qualified consultant locating
any gopher tortoise burrows on site within
50 feet of the structure. Relocation of
gopher tortoises will be required when the
burrows are in harms way of the
construction activity.
d) Photographs of the site as it existed after
the storm to document the conditions of the
property.
e) An aerial of the property showing the CCSL
line.
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f) A copy of a CCSL variance or CCSL permit
if required and building permit approving the
original construction of the structure.
q) Sea turtle nest locations will be
reestablished using their previously
recorded GPS locations and accuracy data
to identify a 95% confidence boundary.
Construction activities shall not occur within
10 feet of these boundaries for viable nests.
Nests will be considered viable for 80 days
from the time the nest was recorded unless
it can be proven that a particular nest has
been damaged by the storm and there is no
chance of any hatchlings.
e. Minor structures, as defined by Florida Statutes
Subsection 161.055, of the Coastal Zone Protection Act of
1985, shall be approved provided that they also comply
with:
Federal requirements for elevations above the 100-
year flood level,
ii. Collier County Building Code requirements for flood
proofing,
iii. Current building and life safety codes,
iv. Collier County and State of Florida Department of
Environmental Protection CCSL/CCCL regulations,
v. Applicable disability access regulations of the
American Disability Act (ADA), and
vi. Any required Collier County zoning and other
development regulations with the exception of
existing density or intensity requirements
established, unless compliance with such zoning or
other development regulations would preclude
reconstruction otherwise intended by the Build back
Policy as determined by the Emergency Review
Board established herein.
6. The following shall be obligations for all property owners who have
had sand washed ashore (as a result of a storm) and deposited on
the dune and seaward of the CCSL. As supported by GMP
Conservation and Coastal Management Element Objective 10.4
and Policy 10.4.8, construction seaward of the CCSL shall not
interfere with sea turtle nesting, will minimize interference with
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natural beach dynamics, and where appropriate will restore the
historical dunes and will vegetate with native vegetation and help
in the restoration of natural functions of coastal barriers and
beaches and dunes.
The property owner may be prohibited from removing the
deposited sand when it is determined that the wash over was a
part of the natural rebuilding of the beach and dune system. Only
native salt tolerant beach or dune vegetation may be planted on
the deposited sand, after obtaining a Collier County CCSL permit.
This shall not apply to sand washed over onto yards that have
received the appropriate Collier County approvals for landscaping
seaward of the CCSL (such as single family homes along
Vanderbilt Beach).
7. It shall be unlawful for any person to kill, molest, or cause direct or
indirect injury to any species of sea turtle in Collier County or
within its jurisdictional waters. It shall be unlawful to collect or
possess any part of a sea turtle.
C. Florida Scrub Jay. Habitat preservation for the Florida scrub jay
(Aphelocoma coerulescens) shall conform to the guidelines contained in
Technical Report No. 8, Florida Game and Fresh Water Fish
Commission, 1991. The required management plan shall also provide for
a maintenance program and specify an appropriate fire or mechanical
protocols to maintain the natural scrub community. The plan shall also
outline a public awareness program to educate residents about the on-
site preserve and the need to maintain the scrub vegetation. These
requirements shall be consistent with the UFWS South Florida Multi-
Species Recovery Plan, May 1999.
D. Bald Eagle. For the bald eagle (Haliaeetus leucocephalus),
the required habitat management plans shall establish
protective zones around the eagle nest restricting certain
activities. The plans shall also address restricting certain
types of activities during the nesting season. These
requirements shall be consistent with the UFWS South
Florida Multi-Species Recovery Plan, May 1999 , the Bald
Eagle Management Plan Adopted April 9, 2008 by the
FFWCC (and technical literature cited therein), the Bald
and Golden Eagle Protection Act, the Migratory Bird and
Treaty Act, and the F.A.C. 68A-16.002 Bald Eagle
protection.
E. Red-cockaded woodpecker. For the red-cockaded woodpecker (Picoides
borealis), the required habitat protection plan shall outline measures to
avoid adverse impacts to active clusters and to minimize impacts to
foraging habitat. Where adverse effects can not be avoided, measures
shall be taken to minimize on-site disturbance and compensate or
mitigate for impacts that remain. These requirements shall be consistent
with the UFWS South Florida Multi-Species Recovery Plan, May 1999.
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F. Florida black bear. In areas where the Florida black bear (Ursus
americanus floridanus) may be present, the management plans shall
require that garbage be placed in bear-proof containers, at one or more
central locations. The management plan shall also identify methods to
inform local residents of the concerns related to interaction between black
bears and humans. Mitigation for impacting habitat suitable for black bear
shall be considered in the management plan.
G. Panther. For projects located in Priority I and Priority II Panther Habitat
areas, the management plan shall discourage the destruction of
undisturbed, native habitats that are preferred by the Florida panther
(Felis concolor cory;) by directing intensive land uses to currently
disturbed areas. Preferred habitats include pine flatwoods and hardwood
hammocks. In turn, these areas shall be buffered from the most intense
land uses of the project by using low intensity land uses (e.g., parks,
passive recreational areas, golf courses). Golf courses within the RFMU
district shall be designed and managed using standards found in that
district. The management plans shall identify appropriate lighting controls
for these permitted uses and shall address the opportunity to utilize
prescribed burning to maintain fire-adapted preserved vegetative
communities and provide browse for white-tailed deer. These
requirements shall be consistent with the UFWS South Florida Multi-
Species Recovery Plan, May 1999, and with the provisions set forth in
this section.
H. West Indian Manatee. The management and protection plans
requirements based upon the Manatee Protection Plan for the West
Indian Manatee are set forth in section 5.05.02.
(Ord. No. 05-27, § 3.J)
3.04.03 Requirements for Protected Plants
The following plants shall be retained on site when located within preserves. When
located within areas to be developed, the these plants shall be relocated to on-site
preserves if the on-site preserves are able to support the plants and the relocation is
considered feasible, as determined by the County Manager or designee. Listed plants
already common within the preserve may not have to be relocated to the preserve.
Where retention or relocation of plants to on-site preserves is not feasible or needed,
relocation to on-site open space areas or suitable locations off site is encouraged.
Butterfly orchid Encyclia tampensis
Cardinal airplant Tillandsia fasciculata
Clamshell orchid Encvclia cochleata
Cowhorn orchid Cyrtopodium punctatum
Curtis milkweed Asclepias curtissii
Giant wild pine Tillandsia utriculata
Golden creeper Ernodea littoralis
Inflated wild pine Tillandsia balbisiana
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lnkberry Scaevola plumieri
Prickly apple Cereus gracilis
Satinleaf Chrysophvllum olivaeforme
Simpson's stopper Mvrcianthes fraprans var. simpsonii
Twisted airplant Tillandsia flexuosa
Wild cotton Gossypium hirsutum
3.04.03 3.04.04 Penalties for Violation: Resort to Other Remedies
Violation of the provisions of this section or failure to comply with any of its
requirements shall constitute a misdemeanor. Any person or firm who violates this
section or fails to comply with any of its requirements shall upon conviction thereof be
fined, or imprisoned, or both, as provided by law. Each day such violation continues shall
be considered a separate offense. Each taking of a gopher tortoise shall constitute a
separate violation. It is not the intent to include tortoises that may be accidentally injured
or killed during an approved relocation procedure that is done by a qualified consultant,
in accordance with their protection/management plan. Any other person, who commits,
participates in, assists in, or maintains such violation may each be found guilty of a
separate offense and suffer the penalties herein provided. The county, in addition to the
criminal sanctions contained herein, may take any other appropriate legal action,
including but not limited to injunctive action, to enforce the provisions of this section.
C
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LDC Amendment Request
ORIGIN: Environmental Advisory Council
Collier County Planning Commission
AUTHOR: Barbara Burgeson, Manager, Environmental Services
DEPARTMENT: Engineering and Environmental Services Department
AMENDMENT CYCLE: Cycle 1, 2008
LDC PAGE: LDC 1:35-LDC 1:36, LDC3:28, LDC 10:89-LDC 10:91, LDC 10:96
LDC SECTION(S): 1.08.02, 3.05.05, 10.02.06
CHANGE: Require a vegetation removal permit and provide determining criteria for
removal of vegetation containing nests or cavity trees of protected or listed animal
species.
Revise the "native vegetation definition" in accordance with the new definition adopted
with the EAR-based GMP amendments to Conservation and Coastal Management
Element (CCME).
Background: Recently authorization was given via e-mail from the Florida Fish and
Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service
(USFWS) to a property owner of a single-family lot in Pine Ridge, to cut down a slash
pine tree containing an active bald eagle nest. Current State and Federal rules and the
adopted April 9, 2008 FFWCC Bald Eagle Management Plan require that a permit be
issued when taking a bald eagle nest. No take permit was issued from either the FFWCC
or USFWS for removal of this nest.
There is no permit required for removal of dead trees with cavities or nests of listed or
protected animal species. They are protected when they are in preserves or areas of
protected vegetation, and are protected through the threatened, endangered, and listed
species protection of the Code and Growth Management Plan.
Currently there are no specific criteria in the LDC that would allow for removal of a tree
with a nest or cavity of a protected or listed animal species.
In response to the above referenced incident staff received direction from the
Environmental Advisory Council (EAC) and the Collier County Planning Commission
(CCPC) to prepare an LDC amendment to preclude this from happening in the future. In
order to address the concerns of both the EAC and CCPC, the Code should be amended
as follows.
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1. Reinsert in the LDC the definition for"protected vegetation" and include as part of the
definition, dead woody vegetation with nests or cavities of protected or listed animal
species. When the LDC was re-codified, the definition of protected vegetation was
deleted.
2. Include in the vegetation removal permit exceptions subsection of the LDC, the
requirement for permits when listed or protected animal species are utilizing the
vegetation.
3. Include in the vegetation removal permit subsection of the LDC a provision to allow
for the removal of vegetation containing a nest or cavity tree of listed or protected animal
species, with specific criteria.
4. Include in the vegetation removal permit enforcement and penalties subsection of the
LDC, fines for removal of vegetation containing nests or cavity trees of protected or
listed animal species.
REASON: To address the concerns of the Environmental Advisory Council and Collier
County Planning Commission, and to prevent the unauthorized removal of vegetation
containing nests or cavity trees of protected or listed animal species.
FISCAL & OPERATIONAL IMPACTS: A vegetation removal permit will be required
to request removal of vegetation containing a nest or cavity tree of listed or protected
animal species.
RELATED CODES OR REGULATIONS: 1.08.02, 3.05.05, 10.02.06
GROWTH MANAGEMENT PLAN IMPACT: The change in "native vegetation
definition" is required as part of the EAR-based GMP amendment to CCME Policy 6.1.1
(1).
OTHER NOTES/VERSION DATE: This version created April 16, 2008. Amended
June 11, 2008.
Amend the LDC as follows:
1.08.02 Definitions
* * * * * * * * * * * *
Vegetation, Category I Invasive Exotic: Invasive exotic vegetation that alters
native vegetation communities by: displacing native plant species, changing the
structure or ecological functions of native plant communities, or hybridizing with native
species; which includes all species of vegetation listed on the 2003 Florida Exotic Pest
Plant Council's List of Invasive Species, under Category I.
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Vegetation, Category ll Invasive Exotic: Invasive exotic vegetation that has
increased in abundance or frequency but have not yet altered native plant communities
by displacing native plant species, changing the structure or ecological functions of
native plant communities, or hybridizing with native species.
Vegetation, exotic: A plant species introduced to Florida, purposefully or
accidentally from a natural range outside of Florida. The terms Exotic vegetation and
Nonnative vegetation are interchangeable. Exotic vegetation includes Naturalized
Vegetation, and Category I and Category II Invasive Exotics.
Vegetation, native: Native vegetation means native southern Floridian species as
determined by accepted valid scientific references identified in section 4.06.05C. Where
this Code refers to, or requires retention of, existing native vegetation, the term native
vegetation is further defined as a vegctative community having 75% or less canopy
-- - --- e ••- - ---- - - •- - - - - - - -- - - a vegetative community
having 25 percent or more canopy coverage or highest existing vegetative strata of
native plant species.
Vegetation, naturalized: Exotic vegetation that sustains itself outside cultivation,
but is not prohibited exotic vegetation.
Vegetation, prohibited exotic: Category I or Category II Invasive Exotic
Vegetation limited to those enumerated in section 3.05.08 of this Code.
Vegetation, protected: Any living, woody plant (tree, shrub or qroundcover) and
any living or dead, woody plant (tree, shrub or qroundcover) that has a nest or cavity of a
listed or protected animal species (see Section 3.04.00). Nuisance invasive vines and
nuisance invasive qroundcover are not protected vegetation.
* * * * * * * * * * * *
3.05.05 Criteria for Removal of Protected Vegetation
The County Manager or designee may approve an application for vegetation
removal permit if it is determined that reasonable efforts have been undertaken in the
layout and design of the proposed development to preserve existing vegetation and to
otherwise enhance the aesthetic appearance of the development by the incorporation
of existing vegetation in the design process. Relocation or replacement of vegetation
may be required as a condition to the issuance of an approval in accordance with the
criteria set forth in this section. In addition, a vegetation removal permit may be issued
under the following conditions:
A. Protected vegetation is a safety hazard to pedestrian or vehicular traffic,
public services, utilities, or to an existing structure.
B. Diseased or otherwise unhealthy vegetation, as determined by standard
horticultural practices, and, if required, a site inspection by the County
Manager or designee.
C. A final local development order has been issued which allows removal
of the protected vegetation.
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D. Compliance with other codes and/or ordinances may involve protected
vegetation removal.
E. Replacement of non-native vegetation shall be with native vegetation
and shall be subject to the approval of the County Manager or designee.
Replacement vegetation shall comply with the standards of section
4.06.05 and shall include the following minimum sizes: one gallon ground
cover; seven (7) gallon shrubs; fourteen (14) foot high trees with seven
foot crown spread and dbh (diameter at breast height) of three inches.
Replacement native vegetation shall be planted within fourteen (14)
calendar days of removal.
F. On a parcel of land zoned RSF, VR, E, or other nonagricultural,
noncommercial zoning district in which single-family lots have been
subdivided for single-family use only, a vegetation removal permit may be
issued for any permitted accessory use to that zoning.
G. The proposed mangrove alteration has a DEP permit, or meets the
permitting standards in the Florida Administrative Code. However,
mangrove removal or trimming shall be prohibited in all preserves or
areas used to fulfill the native vegetation preservation requirements.
H. Removal of vegetation for approved mitigation bank sites (as defined by
the Florida Administrative Code); state, federal or county approved or
endorsed environmental preservation, enhancement, or restoration
projects, shall be permitted. Vegetation removal permits issued under
these criteria are valid for the period of time authorized by such agency
permits.
Vegetation relocation plan. If vegetation relocation is proposed by the
applicant prior to site development plan, construction plan or other final
approvals, a vegetation relocation permit (vegetation removal permit) may
be issued by the County Manager or his designee provided that it can be
demonstrated that early transplantation will enhance the survival of the
relocated vegetation. The vegetation relocation plan shall document
methods of relocation, timing of relocation, watering provisions,
maintenance and other information as required by the County Manager or
his designee.
J. Landscape plant removal or replacement. The removal or replacement of
approved landscaping shall be done in accordance with the regulations
that guide the landscape plans reviews and approvals in section 4.06.00.
A vegetation removal permit will not be issued for the removal or
replacement of landscape plants. That approval must be obtained through
an amendment process to the landscape plan or as otherwise authorized
by permit by the Collier County Landscape Architect.
K. Removal of vegetation for firebreaks approved by the State of Florida,
Division of Forestry, shall be permitted. The width of the approved
clearing shall be limited to the minimum width determined necessary by
the Division of Forestry.
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L. A State or Federal permit issuance depends on data that cannot be
obtained without preliminary removal of some protected vegetation. The
clearing shall be minimized and shall not allow any greater impacts to the
native vegetation on site than is absolutely necessary. Clearing shall be
limited to areas that are outside any on-site preserves, as identified on
the PUD master plan, Plat/Construction Plans or Site Development Plan.
M. In conjunction with a Collier County approved Preserve Management
Plan, native vegetation clearing may be approved only when it is to
improve the native habitat or to improve listed species habitat.
N. Conservation Collier projects which may need minimal clearing for
parking, pathways for walking, or structures that may not require site plan
approvals.
0. Early clearing will be allowed as part of a final review of an SDP or PPL,
after the Environmental Services Review Staff approves the necessary
components of the project to ensure the appropriate environmental
protection and preservation on site. This can only be allowed after the
following are completed and approved: 1) final configuration and
protection of the preserve is complete, 2) the conservation easements are
completed and approved by both the environmental review staff and the
county attorney's office, 3) the environmental review staff has approved
the clearing of the site through the site clearing/preservation plan, 4)
copies of all applicable Federal, State, and Local permits must be
submitted and reviewed against the site clearing/preservation plan. This
early clearing does not authorize approval for excavation, spreading fill,
and grading. That must be approved through a preliminary work
authorization process in accordance with section 10.02.04.4.f. If for any
reason the underlying SDP or PPL is not approved, the property owner
will be responsible for revegetation of the site in accordance with Section
4.06.04.A.1.a.vii.
P. Removal of living or dead vegetation with any nest or cavity of a listed or
protected animal species.
1. Removal of the vegetation containing a nest or cavity may be
allowed when:
a. The vegetation is located on a parcel of land subdivided for
single-family use only, and is located in such a manner
that either:
the principal structure cannot be constructed, or
ii. all access to the property is impeded.
b. The protected vegetation poses an imminent threat to
human safety.
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2. In order for vegetation containing a nest or cavity to be removed,
the following conditions shall also be met:
a. The vegetation is located outside of a preserve or an area used to
fulfill the native vegetation preservation requirements of this Code,
unless it poses an imminent threat to human safety.
b. Permits shall be obtained from the Florida Fish and Wildlife
Conservation Commission and U.S. Fish and Wildlife Service
authorizing the removal of the nest or cavity tree, in accordance
with state and federal permit requirements.
* * * * * * * * * * * *
10.02.06 Submittal Requirements for Permits
* * * * * * * * * * * *
C. Vegetation Removal permit requirements.
* * * * * * * * * * * *
2. Application contents. Application for a vegetation removal permit shall be
submitted to the County Manager or his designee in writing on a form
provided by the planning services department. The application shall
include the following information:
a. A generalized vegetation inventory which includes:
* * * * * * * * * * * *
ii. Generalized written assessment and evaluation. The
generalized vegetation inventory shall be accompanied by
a brief written assessment of the plant communities which
have been identified on the site. The assessment shall
include an evaluation of character and quality of the plant
communities identified, including their rarity, viability, and
such other physical characteristics and factors that may
affect their preservation, and presence of any listed or
protected species. The inventory assessment and
evaluation shall be prepared by a person knowledgeable in
the identification and evaluation of vegetative resources,
such as a forester, biologist, ecologist, horticulturist,
landscape architect, or certified nurseryman.
* * * * * * * * * * * *
4. Vegetation removal permit exceptions. The following exceptions shall
apply when there are no listed or protected animal species utilizing the
vegetation.
* * * * * * * * * * * *
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E. Enforcement and penalties.
1. Fines.
a. The failure of a property owner or any other person to obtain an
approved permit as required in this section shall constitute a
misdemeanor and each protected living, woody plant, constituting
protective vegetation, removed in violation of this Code shall
constitute a separate and distinct offense and upon conviction
shall be punished by a fine not to exceed $500.00 per violation or
by imprisonment in the county jail not to exceed 60 days, or by
both such fine and imprisonment. In addition to or in lieu of the
penalties provided by general law for violation of ordinances, the
board of county commissioners may bring injunctive action to
enjoin the removal of vegetation in violation of this Code.
Removal of vegetation with a nest or cavity of a protected or listed
animal species pursuant to section 10.02.06 C. violation shall be
subject to a fine of$5,000 per nest or cavity tree. With regards to
eagle nests, each eagle, chick and eqq using the nest that is
removed, shall constitute a separate and distinct offense and shall
be subject to separate and individual fines of$5,000 each.
b. The failure of a property owner or any other person, who obtains
an agricultural clearing permit or provides notice of agricultural
clearing pursuant to Section 10.02.06 D., to put the subject
premises into a bona fide agricultural use shall constitute a
misdemeanor and each protected living, woody plant, constituting
protective vegetation, removed in violation of this Code shall
constitute a separate and distinct offense and upon conviction
shall be punished by a fine not to exceed $500.00 per violation or
by imprisonment in the county jail not to exceed 60 days, or by
both such fine and imprisonment. In addition to or in lieu of the
penalties provided by general law for violation of ordinances, the
board of county commissioners may bring injunctive action to
enjoin the removal of vegetation in violation of this Code.
* * * * * * * * * * * *
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LDC Amendment Request
ORIGIN: Community Development& Environmental Services Division
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT: Engineering and Environmental Services Department
AMENDMENT CYCLE: 2008 Cycle 1
LDC PAGE: LDC3:28.1 —LDC3:28.2
LDC SECTION(S): 3.05.07 Preservation Standards
CHANGE: Clarify how the "native vegetation definition" is interpreted.
Relocate the "Exceptions" sub-section criteria to the "General Standards and Criteria"
sub-section.
Clarify single-family preserve setback requirements.
Include criteria for off-site native vegetation retention alternatives as required by the
EAR-based GMP amendments to Conservation and Coastal Management Element
(CCME).
REASON: Change made to clarify the native vegetation definition. Currently no criteria
are written on how the native vegetation definition is applied, requiring staff to apply the
definition on a project by project basis. Clarification of the native vegetation definition
will help applicants during the permitting process with the County.
Change made to clarify single-family preserve setback requirements. Unless otherwise
required in the RFMU District, single-family residences are exempt from the native
vegetation retention requirements and from having on site preserves, but not from
preserve setback requirements.
"Off-site native vegetation retention alternatives" are required as part of the EAR-based
GMP amendment to CCME Policy 6.1.1 (10).
FISCAL & OPERATIONAL IMPACTS: How the native vegetation definition is
applied has a direct bearing on the amount of native vegetation found on a piece of
property and subsequently the amount required to be preserved. This in turn had a direct
affect on the acreage of land that can be developed. On the other hand, preserved native
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vegetation within a development is esthetically pleasing and often enhances property
values.
Off-site alternatives to the native vegetation retention requirement will allow applicants
(both government and private)to develop more of their property.
RELATED CODES OR REGULATIONS: None affected.
GROWTH MANAGEMENT PLAN IMPACT:
"Off-site native vegetation retention alternatives" are required as part of the EAR-based
GMP amendment to CCME Policy 6.1.1 (10).
OTHER NOTES/VERSION DATE: Created May 5, 2008. Amended June 11, 2008.
Amend the LDC as follows:
3.05.07 Preservation Standards
All development not specifically exempted by this ordinance shall incorporate, at
a minimum, the preservation standards contained within this section.
A. General standards and criteria. The following criteria shall be used to
administer the preservation standards in all areas of the County.
1. The preservation of native vegetation shall include all naturally
occurring strata including canopy, under-story and ground cover
emphasizing the largest contiguous area possible, except as
otherwise provided in sub-section 3.05.07 H.1.e.
Herbaceous weedy ruderal type vegetation characteristic of
roadsides and highly disturbed pastures shall not be counted as
native plant species for the purpose of this definition.
2. Areas that fulfill the native vegetation retention standards and
criteria of this Section shall be set aside as preserve areas,
subject to the requirements of sub-section 3.05.07 H.
H7
3. Native vegetation to be retained as preserve areas shall be
selected in such manner as to preserve the following, in
descending order of priority, except to the extent that preservation
is made mandatory in sub-sections 3.05.07 F.3. and 3.05.07
G.3.c.:
a. Wetland or upland areas known to be utilized by listed
species or that serve as corridors for the movement of
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wildlife;
b. Xeric Scrub, Dune and Strand, Hardwood Hammocks;
c. Onsite wetlands having an accepted functionality WRAP
score of at least 0.65 or a Uniform Wetland Mitigation
Assessment Score of at least 0.7;
d. Any upland habitat that serves as a buffer to a wetland
area as defined in section 3.05.07 A.3.c above;
e. Dry Prairie, Pine Flatwoods; and
f. All other native habitats.
4. Preservation areas shall be interconnected within the site and to
adjoining off-site preservation areas or wildlife corridors.
5. To the greatest extent possible, native vegetation, in quantities
and types set forth in section 4.06.00, shall be incorporated into
landscape designs in order to promote the preservation of native
plant communities and to encourage water conservation.
6. Where vegetation has been legally cleared, the amount of native
vegetation used to calculate the preservation requirement will be
that amount present at the time of development order or land use
petition application, if the site was legally cleared. Where
vegetation has been illegally cleared, the amount of native
vegetation used to calculate the preservation requirement will be
that amount present at the time prior to the illegal clearing.
Criteria to determine the legality and criteria for the clearing are
found in Sections 10.02.06 and 3.05.05.
7. Re-development sites. Preservation of native vegetation shall be
calculated based on the acreage of native vegetation existing at
the time of the prior development order submittal. Redevelopment
shall not allow a site to become more non-conforminq with regards
to the required amount of native vegetation. Re-creation shall
not be required for sites that were permitted to clear vegetation
and remain cleared.
8. Right-of-way acquisitions for all purposes necessary for roadway
construction, including ancillary drainage facilities, and including
utilities within the Right-of-way acquisition area are exempt from
preservation requirements.
9. Unless otherwise required in the RFMU District, single-family
residences shall be exempt from the native vegetation retention
requirements and from having on site preserves. Setbacks to
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preserves shall be in accordance with section 3.05.07.
10. Development standards pursuant to section 4.02.14 shall apply to
all development, including single-family, within the ACSC.
11. Created preserves are allowed subject to the criteria in sub-
section 3.05.07 H.1.e.
B. Specific standards applicable outside the RFMU and RLSA districts.
Outside the RFMU and RLSA Districts, native vegetation shall be
preserved on-site through the application of the following preservation
and vegetation retention standards and criteria, unless the development
- - - - - - - --•-• - - .. . This Section shall not apply to
1. Required preservation.
Development Type Coastal High Non-Coastal High
Hazard Area Hazard Area
Less than 10% Less than 5 10%
2.5 acres acres
Equal to or Equal to or
greater 25% greater than 5 15%
Residential and Mixed
than 2.5 acres and less
Use development than 20 acres
acres
Equal to or 25%
greater than
20 acres
Golf Course 35% 35%
Less than 5 10% Less than 5 10%
Commercial and acres acres
Industrial development
and all other non- Equal to or
Equal to or
specified development greater 15% 15%
types than 5 greater than 5
acres acres
Industrial development 50%, not to exceed 50%, not to exceed
(Rural-Industrial District 25% of the project 25% of the project
only) site site.
2. Exceptions. An exception from the vegetation retention standards
above shall be granted in the following circumstances:
a. where the parcel _ _- _ -. _ _- - •
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prior to January 1989;
b. where the parcel cannot reasonably accommodate both
and the proposed uses allowed under this Code, subject to
the criteria set forth in section 3.05.07(H)(1)(e).
2. Off-site vegetation retention.
a. Applicability. A property owner may request that all or a
portion of the Collier County native vegetation
preservation retention requirement be satisfied offsite for
only the following situations and subject to restrictions
listed below.
Properties zoned commercial or industrial with
preserves less than 2 acres in size.
ii. Park sites with individual preserves less than one
acre in size.
iii. Essential service facilities other than parks, any
size preserves.
iv. Preserves less than one acre in size.
v Affordable housing projects with a BCC approved
Affordable Housing Density Bonus Agreement. The
maximum percent of native vegetation retention
allowed offsite shall be no more than the percent of
affordable housing units allowed under the
Affordable Housing Density Bonus Agreement
without limitation as to size of the preserve.
vi. Preserves requiring mechanical clearing of exotic
vegetation in order to restore the habitat, as
determined by the County Manager or designee.
vii. Preserves overrun by Category 1 invasive exotics,
as defined by the Florida Exotic Pest Plant Council,
and other aggressive non-native vegetation and
where restoration is not possible, as determined by
the County Manager or designee. Preserves not
previously overrun with this type vegetation and
which arrive at this state due to lack of
management, shall mitigate off site at a ratio of 2 to
1.
viii. Created preserves where previous restoration
requirements have not been successful, as
determined by the County Manager or designee, or
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where preserves have not been planted in a
manner which mimics a natural plant community.
b. Restrictions, when one or more of the following situations
occur.
Xeric scrub and hardwood hammocks which are
one acre or more in size, mangrove, coastal dune
and strand environments, and native habitats
known to be utilized by listed species or that serve
as corridors for the movement of wildlife shall not
be allowed to have the native vegetation
preservation retention requirement provided offsite.
ii. Preserves shall remain on site if located adjacent to
major flowways, natural water bodies, estuaries,
preserves (not meeting the offsite preservation
criteria herein), conservation acquisition areas,
wildlife corridors, and protected or listed species
nests, buffers and foraging habitat.
iii. Remaining portions of preserves left onsite must be
a minimum of one acre in size and must not meet
the offsite criteria of vi, vii and viii above, unless
preserved with higher quality habitat not qualifying
for offsite vegetation retention. Remaining
preserves less than one acre in size may also be
provided offsite.
c. Off-site Alternatives.
Off-site native vegetation retention requirements
may be met by monetary payment or by land
donation.
ii. Applicants shall make monetary payment to
Conservation Collier for the purchase and
management of off-site conservation lands within
the county. The monetary payment shall be
equivalent to the average per-acre value found in
an appraisal of the entire site, multiplied by the
number of acres to be preserved off-site, plus no
less than 25 percent of that amount as an
endowment for management of off-site land. The
appraisal shall be based on the fair market value of
the land as if the requested zoning is in place. The
appraisal shall be provided by the applicant and
must be reviewed and approved by the Review
Appraiser of the Real Estate Services Division.
Sites valued at over $500,000 shall require two
appraisals with the monetary value to be
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established at the average of the two appraisals.
Appraisal(s) are valid for only 6 months. One
hundred percent of the monetary payment must be
made prior to final site plan/construction plan
approval. The County will develop the appropriate
fee schedule to review the appraisal(s).
iii. In lieu of monetary payment, applicants may
choose to donate land to Conservation Collier or to
another government agency. In the event of
donation to Conservation Collier, the applicant may
acquire and subsequently donate land within the
project boundaries of Winchester Head, North
Golden Gate Estates Unit 53, another multi-parcel
project or any other land designated by
Conservation Collier, or contiguous to existing
preserved lands.
Applicants choosing to donate land shall be
required to demonstrate that the land to be donated
contains native vegetation communities equal to
or of higher priority as described in 3.05.07(A) than
the land required to be preserved on site. In no
case shall the acreage of land donated be less than
the acreage of land required to be preserved on
site. Land donated to satisfy the offsite vegetation
preservation retention requirement must be located
entirely within Collier County and must not be used
as mitigation for any other Federal, State or County
permit or approval.
Donations of land for preservation shall be made to
a federal, state or local government agency
established or authorized to accept lands for the
conservation and management of land in
perpetuity, subject to the policies and procedures of
the receiving entity. The deed to the receiving entity
shall specify that the receiving entity will accept and
manage the land in perpetuity for conservation
purposes.
Evidence that donations of land for preservation
have been accepted by and donated to the entity
stated above shall be made prior to final site
plan/construction plan approval. Exotics shall be
removed in accordance with the time frames
provided in 3.05.07 H (2).
* * * * * * * * * * * *
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LDC Amendment Request
ORIGIN: Community Development& Environmental Services Division
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT: Engineering and Environmental Services Department
AMENDMENT CYCLE: 2008 Cycle 1
LDC PAGE: LDC3:38—LDC3:39
LDC SECTION(S): 3.05.07 Preservation Standards
CHANGE: Implement requirements of the GMP with regard to preserve management
plans and how they address natural diversity, stormwater management and agency
approved listed species management plans.
REASON: Required as part of the EAR-based GMP amendments to the Conservation
and Coastal Management Element(CCME).
Policy 6.1.1 (6) states the following:
"A management plan shall be submitted for all preserve areas identified by specific
criteria in the land development regulations to identify actions that must be taken to
ensure that the preserved areas will function as proposed. The plan shall include methods
to address control and treatment of invasive exotic species, fire management, stormwater
management (if applicable), and maintenance of permitted facilities. If applicable, a
listed species monitoring program shall be submitted pursuant to Policy 7.1.2 (2)(i)."
FISCAL & OPERATIONAL IMPACTS: Additional costs may be incurred on the part
of the applicant, where applicable, to address additional monitoring and maintenance
requirements associated with the requirements of the GMP.
Preserves less than 5 acres in size and where listed or protected species are not utilizing
the preserves will not be required to submit a preserve management plan, but only be
required to implement basic maintenance and signage requirements. Time and expense
will be saved on the part of the applicant and staff in not having to prepare and review
management plans for these smaller preserves.
RELATED CODES OR REGULATIONS: None affected.
GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR-based
GMP amendments to CCME Policy 6.1.1 (6)
OTHER NOTES/VERSION DATE: Created April 14, 2008. Amended June 17, 2008.
Amend the LDC as follows:
3.05.07 Preservation Standards
* * * * * * * * * * * *
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H. Preserve standards.
1. Design standards.
* * * * * * * * * * * *
g. Preserve management plans. Criteria i, ii, vi and vii below
are required for all preserves whether a management plan
for the preserve has been approved or not. Preserve
Management Plans shall be required for all preserves 5
acres or more in size or where listed or protected species
are utilizing the preserves. The Preserve Management
Plan shall identify actions that must be taken to ensure that
the preserved areas will maintain natural diversity and
function as proposed. A Preserve Management Plan shall
be included on the approved site plans and shall include
the following elements:
General Maintenance. Preserves shall be
maintained in their natural state and must be kept
free of refuse and debris.
ii. Exotic vegetation Removal, Non-native
vegetation, and Nuisance or Invasive Plant Control.
eExotic vegetation removal and maintenance
plans shall require that Category I Exotics be
removed from all preserves. All exotics within the
first 75 feet of the outer edge of every preserve
shall be physically removed, or the tree vegetation
cut down to grade and the stump treated. Exotics
within the interior of the preserve may be approved
to be treated in place if it is determined that
physical removal might cause more damage to the
native vegetation in the preserve. When prohibited
exotic vegetation is removed, but the base of the
vegetation remains, the base shall be treated with
an U.S. Environmental Protection Agency approved
herbicide and a visual tracer dye shall be applied.
Control of exotics shall be implemented on a yearly
basis or more frequently when required, and shall
describe specific techniques to prevent reinvasion
by prohibited exotic vegetation of the site in
perpetuity. Non-native vegetation and nuisance or
invasive plants shall be removed from all
Preserves.
of '' - - - - - - - . - �.�_ ._- A • - -
to ensure that the Preserve Management Plan is
being complied with. The individual's name,
addre s and phone number shall be listed on the
Preserve Management Plan. The name information
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shall be provided regarding the developer. Both
parties will be responsible until such time that the
management of the preserve. At that time, the
information regarding the person hired by the
association to manage the preserve. The
manager shall be responsible for annual
maintenance of the preserve, in perpetuity. At a
-, - - -• • • - - 9.9 •9 '
Designation of a Preserve Manager. A Preserve
Manager shall be responsible for providing the
developer/property owner with technical assistance
regarding management needs for the preserve and
compliance with the Preserve Management Plan.
At a minimum the Preserve Manager shall have the
same qualifications as are required for the preparer
of an EIS, as set forth in sub-section 10.02.02 A.
The individual's names, address and phone
number shall be listed on the Preserve
Management Plan. The same information shall be
provided regarding the developer/property owner.
iv. Wildlife Habitat Management. Where habitats must
be managed with regards to the species utilizing
them, Wildlife Habitat Management strategies may
be required to provide for specialized treatment of
the preserve. Where protected species are
identified, management strategies shall be
developed and implemented in accordance with
section 3.04.00. Where site conditions require
prescribed burns, a fire management plan will be
developed and implemented. The County will
accept state and federal management plans as
long as they are consistent with the requirements of
the LDC.
v. Fire Management. Habitats requiring special land
management practices to control fire or to maintain
species diversity in the absence of fire, must be
included as part of the preserve management plan.
Where prescribed burns are not an option, habitat
management plans shall include removal of dead
vegetation and periodic thinning of vegetation, as
appropriate for the habitat type and surrounding
land uses. Habitat management plans shall be
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consistent with County approved wildlife
management plans.
vi. Protection During Construction and Signage After
Construction. The Preserve Management Plan shall
address protective measures during construction
and signage during and after construction that are
consistent with section 3.05.04.
vii. Monitoring for stormwater in preserves. A
monitoring program must be implemented for
Preserve Areas that will receive stormwater. The
monitoring program must include provisions to
record monthly ground and surface water levels
and appropriate protocols to conduct annual
vegetation surveys. The monitoring program must
extend for a period of 5 years, with annual reports
submitted to the County. A baseline report must be
submitted in accordance with a schedule contained
in the Preserve Management Plan. Thereafter,
annual reports are required for 5 years and must be
submitted to the County no later than 30 days after
the anniversary date of the baseline report. The
County will accept wetland monitoring reports
submitted to the South Florida Water Management
District as long as the reports conform to the
minimum requirements provided herein and
address all of the Preserve Area receiving
stormwater.
viii. Inspections and Monitoring. The property owner
shall provide for inspections of the preserve by the
Preserve Manager on a yearly basis at a minimum
or more frequently when required to insure the
preserve functions as intended. The Preserve
Manager and the property owner shall retain copies
of written Monitoring reports in accordance with
required inspections of the preserve and make
them available to Collier County upon request.
ix. A preserve site plan with FLUCFCS Codes for each
of the habitat types within the preserve must be
included as part of the preserve management plan.
The location of pathways and other approved uses
within the preserve must be included on the site
plan.
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LDC Amendment Request
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Barbara Burgeson, Manager, Environmental Services
DEPARTMENT: Engineering and Environmental Services
AMENDMENT CYCLE#OR DATE: Cycle 1, 2008
LDC PAGE: LDC 3:39
LDC SECTION: Section 3.05.07 Preservation Standards
CHANGE: Add criteria to allow for treated stormwater within wetland or hydric
preserve areas when the additional stormwater will either benefit the preserve or will
have no negative impact on the native vegetation or listed species in the preserve or to the
uplands or listed species within or adjacent to the preserve.
REASON: There are times when it is appropriate for stormwater to be directed into
preserves and this amendment defines those times.
FISCAL & OPERATIONAL IMPACTS: This will reduce the time staff spends on
requests of this type since there will be criteria to utilize. Restrictions on the types of
preserves which can be used for stormwater management may have a financial affect on
applicants who want to maximize development of their site.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR-based
GMP amendments to CCME Policy 6.1.1 (5) (b).
OTHER NOTES/VERSION DATE: This version dated April 29, 2008. Amended June
18, 2008.
Amend the LDC as follows:
3.05.07 Preservation Standards.
* * * * * * * * * * * *
H. Preserve standards.
1. Design standards.
* * * * * * * * * * * *
h. (See Recreational Uses in Preserves amendment)
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ii Treated stormwater subject to the following criteria.
a) Stormwater discharges entering the
preserve must be treated to meet the water
quality volumetric requirements of Section
5.2.1(a) of the Basis of Review For
Environmental Resource Permit
Applications Within the South Florida Water
Management District, (SFWMD February
2006) and meet the requirements of the
Interim Watershed Management regulations
of Section 3.07.00. Discharge of treated
stormwater into a preserve shall be in a
controlled manner to prevent erosion, scour,
and to promote even distribution.
b) Treated stormwater may be discharged into
portions of preserves that are comprised of
jurisdictional wetlands, uplands comprised
solely of hydric soils, uplands that serve as
buffers around the wetland, in accordance
with the approved SFWMD Environmental
Resource Permit (ERP), or a combination
thereof. The hydric nature of the soils must
be field verified by an environmental
professional.
c) Where preserves include non-hydric soils
and uplands, treated stormwater may be
discharged to the preserves provided the
following are met:
i) No listed species are present;
ii) The upland portion of the preserve
area is a mesic type environment
which (1) does not contain xeric
oaks, including myrtle oak, live oak
and sand live oak, with scattered
patches of mostly bare white sand
and a very scattered overstory of
slash pine, or (2) a closed canopy
forest of xeric oaks, including myrtle
oak, live oak, and sand live oak, with
a scattered overstory of slash pine
or sand pine and little groundcover;
iii) Demonstration that the upland
portion of the preserve is not
inundated for more than 10 days
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during a reference wet season. For
the purpose of this subsection, the
reference wet season is May 1996
through October 1996. In this
context, inundation means water
levels at or above the average
ground surface of the preserve.
d) Treated stormwater may be discharged in
wetland portions of preserves with listed
species, but shall have no negative impact
on those listed species.
e) When treated stormwater discharges are
allowed in preserves, the associated
stormwater facilities such as berms, swales,
or outfall structures, may be located within
the preserve, but the area of such facilities
can not count towards the native vegetation
preservation requirement pursuant to
Section 3.05.07. These facilities are not
subject to setback requirements as found in
sub-section 3.05.07.H.3. These facilities
must be placed in a drainage easement.
fl Where treated stormwater discharges are
allowed in a preserve, the Preserve
Management Plan as required in sub-
section 3.05.07.H.1.g must address
potential maintenance problems and shall
also provide for a monitoring program.
Compatible vegetation must be planted to
replace any vegetation that may be lost over
time in the preserve.
q) Stormwater shall be allowed in upland
preserves in the RLSA - WRA areas in
accordance with Section 4.08.00 Rural
Lands Stewardship Area Overlay District
standards and Procedures.
h.) A property owner may request deviations
from the above regulations, 3.05.07.H.1.h.ii.
Staff shall review the plans and proposed
deviations to ensure wetlands in the
preserve will receive a benefit and uplands
in the preserve will receive no adverse
impact from the deviations being proposed.
The process for granting deviations shall
follow the procedure as set forth in the
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Appeal Section (8.06.10) for the EAC, and
shall be heard at a public hearing of the
EAC.
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LDC Amendment Request
ORIGIN: Community Development& Environmental Services Division
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
Barbara Burgeson, Manager, Environmental Services
DEPARTMENT: Engineering and Environmental Services Department
AMENDMENT CYCLE: 2008 Cycle 1
LDC PAGE: LDC 10:6— LDC 10:14
LDC SECTION(S): 10.02.02 Submittal Requirements for All Applications
CHANGE: Revise the Environmental Impact Statements (EIS) sub-section of the
LDC to implement the EAR-based GMP amendment to Policy 6.1.8 of the Conservation
and Coastal Management Element (CCME).
Include requirement to provide a pre and post development water analysis to demonstrate
no increase in lead, zinc, copper loadings in post development scenario. Required as part
of the EAR-based GMP amendments to the Conservation and Coastal Management
Element(CCME).
Per the direction from the Collier County Planning Commission, exempt churches and
community facilities from the requirement of providing soil and/or ground water
sampling, as the tests are not needed and the cost not justified for these type facilities.
REASON: Changes to the EIS sub-section are required as part of the EAR-based
GMP amendment to CCME Policies 6.1.8 and 2.3.6 (b).
Policy 6.1.8 states the following:
"An Environmental Impact Statement (EIS), or submittal of appropriate environmental
data as specified in the County's land development regulations, is required, to provide a
method to objectively evaluate the impact of a proposed development, site alteration, or
project upon the resources and environmental quality of the project area and the
community and to insure that planning and zoning decisions are made with a complete
understanding of the impact of such decisions upon the environment, to encourage
projects and developments that will protect, conserve and enhance, but not degrade, the
environmental quality and resources of the particular project or development site, the
general area and the greater community. The County's land development regulations
shall establish the criteria for determining the type of proposed development requiring an
EIS, including the size and nature of the proposed development, the location of the
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proposed development in relation to existing environmental characteristics, the degree of
site alterations, and other pertinent information."
Policy 2.3.6 (b) states the following:
"Excluding single family homes, any project impacting 5 acres or more of wetlands must
provide a pre and post development water quality analysis to demonstrate no increase in
nutrient, biochemical oxygen demand, total suspended solids, lead, zinc and copper
loading in the post development scenario."
FISCAL & OPERATIONAL IMPACTS: Changing the thresholds when an EIS is
required will save time and expense on the part of staff and the applicant on projects
which otherwise would have been required to submit an EIS.
RELATED CODES OR REGULATIONS: 8.06.00 Environmental Advisory Council
(LDC amendment to these sub-sections also included with this amendment cycle)
GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR-based
GMP amendments to CCME Policies 6.1.8 and 2.3.6 (b).
OTHER NOTES/VERSION DATE: Created April 18, 2008. Amended June 18, 2008
Amend the LDC as follows:
10.02.02 Submittal Requirements for All Applications
A. Environmental impact statements and other environmental requirements
1. Purpose.
a. The purpose of this section is to provide a method to objectively
evaluate the impact of a proposed development, site alteration, or
project upon the resources and environmental quality of the
project area and the community and to insure that planning and
zoning decisions are made with a complete understanding of the
impact of such decisions upon the environment, to encourage
projects and developments that will:
Protect, conserve and enhance, but not degrade, the
environmental quality and resources of the particular
project or development site, the general area and the
greater community.
ii. Minimize the future reduction in property values likely to
result, or be caused by improperly designed and executed
projects and developments.
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iii. Reduce the necessity for expenditure of public funds in the
future for rehabilitating the environmental quality of areas
of environmental sensitivity.
iv. Evaluate the potential environmental impacts of past or
current site uses (ie farming chemical, petroleum products,
soil contamination).
b. Further, it is the purpose of this section to attain the widest range
of beneficial uses of the environment without degradation of
environmental advantages and risk to public health, safety,
welfare and other undesirable consequences.
c It is also the purpose of this section to optimize a balance
between population and resource use to permit high standards of
living and a wide sharing of resources and amenities among all
citizens and residents of and visitors to Collier County during the
present and for future generations.
2. Environmental information. The following information is required for all
development orders with a site plan or proposed development plan.
a. Wetlands
Where wetlands are suspected of occurring on site,
wetland determinations verified by the South Florida Water
Management District or Florida Department of
Environmental Protection shall be required. Include on the
site plan the location of all Collier County jurisdictional
wetlands. Where native vegetation occurs on site, identify
the location of all Collier County jurisdictional wetlands
according to the Florida Land Use Cover and Forms
Classification System (FLUCFCS).
ii. For sites in the RFMU district and that portion of the
Wetlands Connected to the Lake Trafford/Camp Keais
Strand System contained within the Immokalee Urban
Designated Area, as identified on the Immokalee Future
Land Use Map, provide a wetland assessment based on
the South Florida Water Management District's Uniform
Mitigation Assessment Method (UMAM) or Wetland Rapid
Assessment Procedures (WRAP) that has been accepted
by either the South Florida Water Management District or
the Florida Department of Environmental Protection. For
sites outside the RFMU district, and where high quality
wetlands (wetlands having functionality scores of at least
0.65 WRAP or 0.7 UMAM) are suspected of occurring on
site, provide an assessment based on the UMAM or
WRAP. Include on the site plan the location of high quality
wetlands and their location within the proposed
development plan.
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iii. Site Development Plans or construction plans with impacts
to five (5) or more acres of wetlands shall provide an
analysis of potential water quality impacts of the project by
evaluating water quality loadings expected from the project
(post development conditions considering the proposed
land uses and stormwater management controls)
compared with water quality loadings of the project area as
it exists in its pre-development conditions. The analysis
shall be performed using methodologies approved by
Federal and State water quality agencies, and must
demonstrate no increase in nutrient, biochemical oxygen
demand, total suspended solids, lead, zinc and copper
loadings in the post development scenario.
b. Listed or protected_Species
A wildlife survey shall be required for all parcels when
listed or protected species are known to inhabit biological
communities similar to those existing on site or where
listed species are directly observed on site. The survey
shall be conducted in accordance with the guidelines of the
Florida Fish and Wildlife Conservation Commission
(FFWCC) and the U.S. Fish and Wildlife Service (USFWS).
Actual survey times, dates, transect map, and map
showing the locations of listed species identified on-site
shall be provided. The recommended Survey times may be
reduced for small isolated parcels or where the likelihood
of listed or protected species is low, as determined by the
County Manager or designee. Additional survey time may
be required if listed species are discovered on these
parcels.
ii. Wildlife habitat management and monitoring plans for
listed or protected species shall be required for all projects
where the wildlife survey indicated listed or protected
species are utilizing the site, or the site contains potential
habitat for listed or protected species. These plans shall
describe how the project directs incompatible land uses
away from listed or protected species and their habitats.
Wildlife management and monitoring plans shall be
included on approved Site Development Plans and
construction plans. For sites with bald eagle nests and/or
nest protection zones, bald eagle management plans are
required, copies of which shall be included as exhibits
attached to the PUD document.
c. Native vegetation preservation
For sites which are currently clear of any native vegetation
or in agricultural use (in accordance with the Right to Farm
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Act), provide documentation that the parcel(s) were issued
a permit to be cleared or are in compliance with the 25
year rezone limitation pursuant to section 10.02.06 and
Conservation and Coastal Management Element GMP
Policy 6.1.5. For sites issued a permit to be cleared prior to
January 2003, provide documentation that the parcel(s)
are in compliance with the 10 year rezone limitation
previously identified in the GMP. Criteria to determine the
legality and criteria for the clearing are found in Sections
10.02.06 and 3.05.05.
ii. Identify on a current aerial the acreages, locations and
community types of all upland and wetland habitats on the
project site, according to the Florida Land Use Cover and
Forms Classification System (FLUCFCS). Include on the
aerial a legend for each of the FLUCFCS Codes identified
on site and provide on the site plan, calculations for the
acreages of native vegetation types required to be
preserved on-site. Aerials and overlay information must be
legible at the scale provided. For parcels with 1000 square
feet or less of native vegetation, a FLUFCS map is not
required on the aerial.
iii. Superimpose on the development plan the location of all
habitats and their boundaries, consistent with the Florida
Department of Transportation, Florida Land Use Cover and
Forms Classification System (FLUCFCS). Include on the
development plan a legend for each of the FLUCFCS
Codes identified on site.
iv. For properties in the RLSA or RFMU districts, include on
the site plan the location of the land use designations and
overlays as identified in the Growth Management Plan.
v. Show on the site plan how preserves on-site align with
preserves, public owned conservation lands, conservation
acquisition areas, major flowways, potential wildlife
corridors and undeveloped land on adjoining and
neighboring properties.
vi. Provide soils and topographic maps with ground elevations
within each of FLUCFCS codes identified on site.
Determine seasonal high water levels utilizing lichen lines
or other biological indicators and include on the site plan,
the control elevation(s) for the stormwater treatment areas.
Using the data required above, demonstrate how the
project design affects/improves predevelopment
hydroperiods within the preserves.
vii. For applicants choosing to go offsite for the native
vegetation preservation retention, requirement,
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demonstrate that the criteria in section 3.05.07 have been
met.
d. General information
For multi-slip docking facilities with ten slips or more, and
for all marina facilities, show how the project is consistent
with the Marina Siting criteria in the Manatee Protection
Plan. This information must be included on the Site
Development Plan or construction plans for the project.
Development must demonstrate compliance with site
specific requirements of the Manatee Protection Plan,
where applicable.
ii. For sites with known environmental contamination, provide
the results of any environmental assessments and/or
audits of the property, along with a narrative of the cost
and measures needed to clean up the site.
iii. Include on the site plan the location of any Special
Treatment (ST) overlays. For sites located in the Big
Cypress Area of Critical State Concern-Special Treatment
(ACSC-ST) overlay district, show how the project is
consistent with the development standards and regulations
established for the ACSC-ST.
iv. Identify any Wellfield Risk Management Special Treatment
Overlay Zones (WRM-ST) within the project area and
provide an analysis for how the project design avoids the
most intensive land uses within the most sensitive WRM-
STs. Include the location of the Wellfield Risk Management
Special Treatment Overlay Zones on the development
plan.
v. Soil and/or ground water sampling shall be required for
sites that occupy farm fields, golf courses, landfill or
junkyards or for which there is a reasonable basis for
believing that there has been previous contamination on
site. The amount of sampling and testing shall be
determined by a registered professional with experience in
the field of Environmental Site Assessment and shall at a
minimum test for organochlorine pesticides (U.S.
Environmental Protection Agency (EPA) 8081) and
Resource Conservation and Recovery Act (RCRA) 8
metals using Florida Department of Environmental
Protection (FDEP) soil sampling Standard Operating
Procedure (SOP) FS 3000, in areas suspected of being
used for mixing and at discharge point of water
management system. Sampling should occur randomly if
no points of contamination are suspected. Include a
background soil analysis from an undeveloped location
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hydraulically upgradient of the suspected contaminated
site especially when evaluating arsenic since it is a
naturally occurring soil constituent. Soil sampling should
occur just below the root zone, about 6 to 12 inches below
ground surface or as otherwise agreed upon with the
registered professional with experience in the field of
Environmental Site Assessment. For sites where
contamination is found, provide an analysis of the cost and
measures needed to clean up the site or encapsulate the
contamination to meet applicable FDEP standards.
Churches and community facilities shall be exempt from
this requirement. If this analysis has been done as part of
an Environmental Audit then the report shall be submitted.
vi. Demonstrate that the design of the proposed stormwater
management system and analysis of water quality and
quantity impacts fully incorporate the requirements of the
Interim Watershed Management regulations of Section
3.07.00.
vii. Demonstrate that preserves will not be adversely affected
by the proposed stormwater design, and when treated
stormwater is allowed to be directed into preserves,
provide calculations showing that the preserves will not be
adversely affected.
viii. Shoreline development projects must provide an analysis
demonstrating that the project will remain fully functional
for its intended use after a six-inch rise in sea level.
23. Applicability; environmental impact statement (EIS) required.
obtaining approval of an An EIS shall be submitted in accordance with the
list below, or may qualifying for an exemption pursuant to sub-section
10.02.02 A.7., as rcquircd by this Code Properties that are not required
to submit an EIS are: 1) The NBMO Receiving Lands, 2) single-family
lots in accordance with sub-section 3.04.01 C.1.
It shall be unlawful and no to approve a building permit, conditional use,
zoning change, subdivision or condominium plat or unplatted subdivision
approval or other county permit or approval of or for development or site
alteration . .- .-. _ __. - •- _ - *e•—• _ _ • - _ - . •_ of:
a. Any site with a ST or ACSC-ST overlay, unless otherwise
exempted by section 4.02.14 H (exceptions) or 4.02.14.1
(exemptions), of this Code. The requirement of an EIS shall not
apply to parcels with Wellfield Risk Management Special
Treatment Overlay Zones (WRM-ST), unless otherwise required
by this section.
b. All sites -- - _ _ •- .__ _ _ ._ ••-• ...•__ . _ - -
2.5 with 20 or more acres of native vegetation on site.
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ten or more acres.
dc. Sites meeting any of the other applicability criteria herein and
where a prior EIS was prepared and approved for the same area
of land and where the following exist:
Greater impacts to the preserves areas or a reduction in
the size of the preserves are proposed; or
ii Greater impacts to jurisdictional wetlands or protected or
listed species habitats are proposed; or
iii. New or additional protected or listed species have been
identified on site; or
iv. A previous EIS is more than 5 years old The EIS is
consistent with the current GMP, CCME; or
v. Location and shape of preserves ar as were not
previously approved.
ed. Any other development or site alteration which in the opinion of
the County Manager or his designee, would have substantial
impact upon environmental quality and which is not specifically
exempted in this Code. In determining whether such a project
would have substantial environmental impact the County Manager
or his designee shall base his decision on the terms and
conditions described in this Code and on the projects consistency
with the growth management plan.
f. When required by section 3.01.01 of this Code, plant and animal
or resubmitted EIS is required by this section.
34. Submission and review of EIS. A completed EIS, in written and digital
format, shall be submitted to County Manager or his designee for
approval, denial or approval with modifications. No development or site
alteration will be started without this approval and permits required by
law. Failure to provide full and complete information shall be grounds for
denial of the application. The author(s}preparer(s) of the EIS and of other
environmental reports and data shall provide evidence, by academic
credentials or experience, of his/her expertise in the area of
environmental sciences or natural resource management. Academic
credentials shall be a bachelor's or higher degree in one of the biological
sciences. Experience shall reflect at least three years, two years of which
shall be in the State of Florida, of ecological or biological professional
experience . . - _ _ _.-_--• _ . _ - •_ .
-45. Information required for application.
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a. Applicant information.
Responsible person who wrote the EIS and his/her
education and job related environmental experience.
ii. Owner(s)/agent(s) name, address, phone number & e-mail
address.
b. Mapping and support graphics.
General location map.
ii. Native habitats and their boundaries identified on an aerial
photograph of the site extending at least 200 feet outside
the parcel boundary. This does not mean the applicant is
required to go on to adjoining properties. Habitat
identification consistent with the Florida Department of
Transportation, Florida Land Use Cover and Forms
Classification System (FLUCFCS) shall be depicted on an
aerial photograph having a scale of one inch equal to at
least 200 feet when available from the County. Other scale
aerials may be used where appropriate for the size of the
project, provided the photograph and overlays are legible
at the scale provided. A legend for each of the FLUCFCS
categories found on-site shall be included on the aerial.
iii. Topographic map, and existing drainage patterns if
applicable. Where possible, elevations within each of
FLUCFCS categories shall be provided.
iv. Soils map at scale consistent with that used for the Florida
Department of Transportation Florida Land Use Cover and
Forms Classification System determinations.
v. Proposed drainage plan indicating basic flow patterns,
outfall and off-site drainage.
vi. Development plan including phasing program, service area
of existing and proposed public facilities, and existing and
proposed transportation network in the impact area.
vii. Site plan showing preserves on-site, and how they align
with preserves on adjoining and neighboring properties.
Include on the plan locations of proposed and existing
development, roads, and areas for stormwater retention,
as shown on approved master plans for these sites, as
well as public owned conservation lands, conservation
acquisition areas, major flowways and potential wildlife
corridors.
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viii. For properties in the RLSA or RFMU districts, a site plan
showing the location of the site, and land use designations
and overlays as identified in the Growth Management Plan.
c. Project description and GMP consistency determination.
Provide an overall description of the project with respect to
environmental and water management issues.
ii. Explain how the project is consistent with each of the
Objectives and Policies in the Conservation and Coastal
Management Element of the Growth Management Plan,
where applicable.
d. Native vegetation preservation.
Identify the acreage and community type of all upland and
wetland habitats found on the project site, according to the
Florida Land Use Cover and Forms Classification System
(FLUCFCS). Provide a description of each of the
FLUCFCS categories identified on-site by vegetation type
(species), vegetation composition (canopy, midstory and
ground cover) and vegetation dominance (dominant,
common and occasional).
ii. Explain how the project meets or exceeds the native
vegetation preservation requirement in Goal 6 of the
Conservation and Coastal Management Element of the
Growth Management Plan, and Chapters 3 and 10 of the
Land Development Code. Provide an exhibit illustrating
such. Include calculations identifying the acreage for
preservation and impact, per FLUCFCS category.
iii. For sites already cleared and in agricultural use, provide
documentation that the parcel(s) are in compliance with
the 25 year rezone limitation in Policy 6.1.5 of the
Conservation and Coastal Management Element of the
Growth Management Plan and Chapters 3 and 10 of the
Land Development Code. For sites cleared prior to
January 2003, provide documentation that the parcel(s)
are in compliance with the 10 year rezone limitation
previously identified in the Growth Management Plan and
Land Development Code.
iv. Have preserves or acreage requirements for preservation
previously been identified for the site during previous
development order approvals? If so, identify the location
and acreage of these preserves, and provide an
explanation if they are different from what is proposed.
v. For properties with Special Treatment "ST" overlays, show
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the ST overlay on the development plan and provided an
explanation as to why these areas are being impacted or
preserved.
e. Wetlands.
Define the number of acres of Collier County jurisdictional
wetlands (pursuant to Policy 6.2.1 and 6.2.2 of the
Conservation and Coastal Management Element of the
Growth Management Plan) according to the Florida Land
Use Cover and Forms Classification System (FLUCFCS).
Include a description of each of the FLUCFCS categories
identified on-site by vegetation type (species), vegetation
composition (canopy, midstory and ground cover) and
vegetation dominance (dominant, common and
occasional). Wetland determinations are required to be
verified by the South Florida Water Management District or
Florida Department of Environmental Protection, prior to
submission to the County.
ii. Determine seasonal and historic high water levels utilizing
lichen lines or other biological indicators. Indicate how the
project design improves/affects predevelopment
hydroperiods. Provide a narrative addressing the
anticipated control elevation(s) for the site.
iii. Indicate the proposed percent of defined wetlands to be
impacted and the effects of proposed impacts on the
functions of these wetlands. Provide an exhibit showing
the location of wetlands to be impacted and those to be
preserved on-site. Describe how impacts to wetlands have
been minimized.
iv. Indicate how the project design compensates for wetland
impacts pursuant to the Policies and Objectives in Goal 6
of the Conservation and Coastal Management Element of
the Growth Management Plan. For sites in the RFMU
district and that portion of the Wetlands Connected to the
Lake Trafford/Camp Keais Strand System contained within
the Immokalee Urban Designated Area, as identified on
the Immokalee Future Land Use Map, provide an
assessment; based on the South Florida Water
Management District's Uniform Mitigation Assessment
Method, that has been accepted by either the South
Florida Water Management District or the Florida
Department of Environmental Protection. For sites outside
the RFMU district, and where higher quality wetlands
(wetlands having functionality scores of at least 0.65
WRAP or 0.7 UMAM) are being retained suspected of
occurring on-site, provide justification based on the
Uniform Mitigation Assessment Method. Include on the site
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plan the location of high quality wetlands and their location
within the proposed development plan.
f. Surface and ground water management.
Provide an overall description of the proposed water
management system explaining how it works, the basis of
design, historical drainage flows, off-site flows coming in to
the system and how they will be incorporated in the system
or passed around the system, positive outfall availability,
Wet Season Water Table and Dry Season Water Table,
and how they were determined, and any other pertinent
information pertaining to the control of storm and ground
water.
ii. Provide an analysis of potential water quality impacts of
the project by evaluating water quality loadings expected
from the project (post development conditions considering
the proposed land uses and stormwater management
controls) compared with water quality loadings of the
project area as it exists in its pre-development conditions.
This analysis is required for projects impacting five (5) or
more acres of wetlands. The analysis shall be performed
using methodologies approved by Federal and State water
quality agencies and must demonstrate no increase in
nutrient, biochemical oxygen demand, total suspended
solids, lead, zinc and copper loadings in the post
development scenario.
iii. Identify any Wellfield Risk Management Special Treatment
Overlay Zones (WRM-ST) within the project area and
provide an analysis for how the project design avoids the
most intensive land uses within the most sensitive WRM-
STs.
iv. Demonstrate that the design of the proposed stormwater
management system and analysis of water quality and
quantity impacts fully incorporate the requirements of the
Interim Watershed Management regulations of Section
3.07.00.
v. Demonstrate that preserves will not be adversely affected
by the proposed stormwater design, and when treated
stormwater is allowed to be directed into preserves,
provide calculations showing that the preserves will not be
adversely affected.
g. Listed or protectedcspecies.
Provide a plant and animal species survey to include at a
minimum, listed or protected species known to inhabit
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biological communities similar to those existing on-site,
and conducted in accordance with the guidelines of the
Florida Fish and Wildlife Conservation Commission and
the U.S. Fish and Wildlife Service. State actual survey
times and dates, and provide a map showing the
location(s) of species of special status identified on-site.
ii. Identify all listed or protected species that are known to
inhabit biological communities similar to those existing on
the site or that have been directly observed on the site.
iii. Indicate how the project design minimizes impacts to
species of special status. Describe the measures that are
proposed as mitigation for impacts to listed species.
iv. Provide habitat management plans for each of the listed
species known to occur on the property. For sites with bald
eagle nests and/or nest protection zones, bald eagle
management plans are required, copies of which shall be
included as exhibits attached to the PUD documents,
where applicable.
v. Where applicable, include correspondence received from
the Florida Fish and Wildlife Conservation Commission
(FFWCC) and the U.S. Fish and Wildlife Service (USFWS),
with regards to the project. Explain how the concerns of
these agencies have been met.
h. Other.
For multi-slip docking facilities with ten slips or more, and
for all marina facilities, show how the project is consistent
with the marina Siting and other criteria in the Manatee
Protection Plan. ". •- __- •- -__ _ _ . • - ' _•••_• -
afessments and/or audits of the property. If applicable,
provide a narrative of the cost and measures needed to
clean up the site.
ii. Include the results of any environmental assessments
and/or audits of the property. If applicable, provide a
narrative of the cost and measures needed to clean up the
site.
iii. For sites located in the Big Cypress Area of Critical State
Concern-Special Treatment (ACSC-ST) overlay district,
show how the project is consistent with the development
standards and regulations established for the ACSC-ST.
iv. Soil sampling and/or ground water analysis monitoring
shall be required for sites that
occupy old farm fields, old golf courses, landfill or
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junkyards or for which there is a reasonable basis for
believing that there has been previous contamination on
site. The - __ _ _ _ _ _ _ - _ number of
samples required shall be determined by the
Control Department and the Florida Department of
Environmental Protection a registered professional with
experience in the field of Environmental Site Assessment.
The analysis shall at a minimum test for organochlorine
pesticides (U.S. Environmental Protection Agency (EPA)
8081) and 8 RCRA 8 metals using Florida Department of
Environmental Protection (FDEP) soil sampling Standard
Operating Procedure (SOP) FS 3000, in areas suspected
of being used for mixing and at discharge point of water
management system. Sampling should occur randomly if
no points of contamination are suspected. Include a
background soil analysis from an undeveloped location
hydraulically upgradient of the suspected contaminated
site especially when evaluating arsenic since it is a
naturally occurring soil constituent. Soil sampling should
occur just below the root zone, about 6 to 12 inches below
ground surface or as otherwise agreed upon with the
registered professional with experience in the field of
Environmental Site Assessment. For sites where
contamination is found, provide an analysis of the cost and
measures needed to clean up the site or encapsulate the
contamination to meet applicable FDEP standards.
Churches and community facilities shall be exempt from
this requirement. If this analysis has been done as part of
an Environmental Audit then the report shall be submitted.
v. Provide documentation from the Florida Master Site File,
Florida Department of State and any printed historic
archaeological surveys that have been conducted on the
project area. Locate any known historic or archaeological
sites and their relationships to the proposed project design.
Demonstrate how the project design preserves the
historic/archaeological integrity of the site.
vi. Provide an analysis demonstrating that the project will
remain fully functional for its intended use after a six-inch
rise in sea level as required by the Growth Management
Plan.
66. Additional data. The County Manager or his designee may require
additional data or information necessary in order to make a thorough and
complete evaluation of the EIS and project.
67. Relation between EIS and development of regional impact (DRI). In any
instance where the proposed project requires both an EIS and a DRI,
their data may be embodied in one report provided such report includes
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all the required information on both the EIS and DRI.
78. Exemptions.
ACSC ST overlay, unless otherwise exempted by section 1.02.1 1
- - -• - '.! . . - -• - -• , - ----.
b. Single family or duplex uses. Also, single family or duplex use on
provided that the subject property does not fall within an ACSC or
ST zoning overlay.
a. Agricultural uses that fall within the scope of sections 163.3214(4)
or 823.14(6), Florida Statutes, provided that the subject property
will not be converted to a nonagricultural use or considered for
any type of rezoning petition for a period of twenty-five years after
the agricultural uses commence and provided that the subject
property does not fall within an ACSC or ST zoning overlay. This
does not obviate the applicant from proving all other
environmental data required per 10.02.02.A.2.
db. Non sensitive areas. Any area or parcel of land which is not, in
the opinion of the County Manager or his designee, an area of
environmental sensitivity, subject to the criteria set forth below,
provided that the subject property does not fall within an ACSC or
ST zoning overlay:
i. The subject property has already been altered through
-
manner that the proposed-E► - •.1 . •- _-- .. •
iii The major flora and fauna features have been altered or
removed to such an extent as to preclude their reasonable
regeneration or useful ecological purpose. An example
would be in the case of an industrial park or a commercial
development where most of the flora and fauna were
removed prior to the passage of this Code.
iii. The surface and/or natural drainage or recharge capacity
of the project site has been paved or channeled, or
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proposed use or development.
iv. The use and/or development of the subject property will
additional open space, replace natural drainage for
v. The use or development will utilize existing buildings and
modification of the existing land forms, drainage, or flora
ii The use or development will occur within previously
disturbed areas. There shall be no impact to listed species
or more than 1,000 square feet of impact to native
vegetation or natural areas.
iii. Redevelopment of a site where the previous preserves do
not meet the minimum criteria of the current Code or
GMP's, for example where the preserve was a strip of
native vegetation or landscaping less than 40 feet in width.
County.
f. All NBMO Receiving Lands.
g. Single family lots in accordance with section 3.04.01 C.1.
hc. A conventional rezone with no site plan or proposed development
plan. This exemption does not apply to lands that include any of
the following zoning, overlays or critical habitats: Conservation
(CON), Special Treatment (ST), Area of Critical State Concern
(ACSC), Natural Resource Protection Areas (NRPA's), Rural
Fringe Mixed Use (RFMU) Sending Lands, Xeric Scrub, Dune and
Strand, Hardwood Hammocks, or any land occupied by listed
species or defined by an appropriate State or Federal agency to
be critical foraging habitat for listed species.
d. Developed sites. Proposed impacts are within the boundaries of
developed areas, with no more than 1,000 square feet of native
vegetation required to be cleared.
89. Fees. In order to implement, maintain and enforce this Code, the cost
upon submission of the environmental impact statement shall be as
established by resolution. Until this fee has been paid in full no action of
any type shall be taken.
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910. Appeals.
a. Any person aggrieved by the decision of the County Manager or
his designee regarding EIS procedures or submittals (i.e. - this
section of the Code) may file a written request for appeal, not later
than ten days after said decision, with the EAC or their successor
organization.
b. The EAC will notify the aggrieved person and the County Manager
or his designee of the date, time and place that such appeal shall
be heard; such notification will be given 21 days prior to the
hearing unless all parties waive this requirement.
c. The appeal will be heard by the EAC within 60 days of the
submission of the appeal.
d. Ten days prior to the hearing the aggrieved person shall submit to
the EAC and to the County Manager or his designee copies of the
data and information he intends to use in his appeal.
e. Upon conclusion of the hearing the EAC will submit to the BCC
their facts, findings and recommendations.
f. The BCC, in regular session, will make the final decision to affirm,
overrule or modify the decision of the County Manager or his
designee in light of the recommendations of the EAC.
* * * * * * * * * * * *
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LDC Amendment Request
ORIGIN: Community Development& Environmental Services Division
AUTHOR: Barbara Burgeson, Principal Environmental Specialist
Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT: Engineering and Environmental Services Department
AMENDMENT CYCLE: Cycle 1, 2008
LDC PAGE: LDC 10.104-LDC 10.109
LDC SECTION(S): 10.02.06 Submittal Requirements for Permits
CHANGE: Change the requirement of annual vehicle on the beach permits to a one time
permit (vehicle registration), except for vehicles associated with construction, beach
nourishment and inlet maintenance, which shall continue to expire on April 30 of each
year to coincide with the beginning of sea turtle nesting season.
Include the requirement for maximum vehicle ground-to-tire pressure of ten PSI (pounds
per square inch) for vehicles in association with environmental related beach activities
and include in the exemption subsection, an exemption for government agencies
responding to emergency situations such as that generated by storm events.
REASON: Currently all vehicle on the beach permits expire on April 30th of each year
to co-inside with the beginning of sea turtle nesting season, thus requiring the issuance of
new permits each year. A one time permit (vehicle registration) will insure that new
vehicles meet the required ten psi ground to tire pressure without having to apply for a
new permit each year. The permit received will include information on the regulations for
operation of vehicles on Collier County beaches, so applicants are aware of the
requirements.
All vehicles on the beach, other than for beach nourishment type vehicles/equipment and
emergency vehicles, are required to have a maximum ground-to-tire pressure of ten PSI
(pounds per square inch). This requirement was inadvertently left out for environmental
work type vehicles when the vehicle on the beach section of the LDC was last amended.
Government entities responding to emergency situations requiring the use of
vehicles/equipment not being able to meet the maximum ground-to-tire pressure of ten
PSI have been included in the exemption subsection.
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FISCAL & OPERATIONAL IMPACTS: Time would be saved on the part of staff and
the applicant in preparing, reviewing and issuing permits each year for vehicles which
have previously demonstrated they meet the ten psi ground to tire pressure requirement.
RELATED CODES OR REGULATIONS: 5.04.06 (not affected by this amendment)
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTES/VERSION DATE: Created October 12, 2007. Amended June 17,
2008.
Amend the LDC as follows:
10.02.06 Submittal Requirements for Permits
* * * * * * * * * * * *
I. Vehicle on the beach regulations.
1. Unlawful to drive on sand dunes or beach or to disturb sand dune.
It shall be unlawful:
a. To operate or cause to be operated a hand-, animal-, or engine-
driven wheel, track or other vehicle or implement on, over or
across any part of the sand dunes, hill or ridge nearest the gulf, or
the vegetation growing thereon or seaward thereof, or to operate
or drive such a vehicle on the area seaward thereof, commonly
referred to as "the beach" within Collier County, Florida. "within
Collier County, Florida.
b. To alter or cause to be altered any sand dune or the vegetation
growing thereon or seaward thereof; make any excavation,
remove any material, trees, grass or other vegetation or otherwise
alter existing ground elevations or condition of such dune without
first securing a permit as provided for in this Code.
2. Exceptions; permit. All permits to allow operation of vehicles on county
beaches shall - _• - _ • _e, _ -_ _ __ • • --
beginning of sea turtle nesting season be subject to the following. During
sea turtle nesting season, May 1 through October 31, of each year, all
permits shall be subject to section 10.02.06 1.3 below. Permits issued in
accordance with this section shall be valid for the time the vehicle is in
operation and shall be prominently displayed on the windshield of such
vehicle and kept with the vehicle and be available for inspection. Permits
issued for construction vehicles engaged in beach nourishment, inlet
maintenance, and general construction activities shall expire on April 30,
of each year, to coincide with the beginning of sea turtle nesting season.
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a. Sheriff, city, state and federal police, emergency services, and the
Florida Fish and Wildlife Conservation Commission vehicles
operated or authorized by officers of these departments operating
under orders in the normal course of their duties, and government
entities responding to emergency situations due to storm events,
large marine animal standings and other emergency situations,
shall be exempt from the provisions of this section.
b. Vehicles which must travel on the beaches in connection with
environmental maintenance, conservation, environmental work,
and/or for purposes allowed by Collier County Ordinance No. 89-
16, providing that the vehicle(s) associated with the permitted
uses of Collier County Ordinance No. 89-16 remain stationary,
except to access and egress the beach, shall be exempt from the
provisions of this section if a permit has been obtained from the
• - .. . - •--- -- - ••-• .• -. _ e -•- County
Manager or designee, .•_ . _ _- ••• . _ _••••-• _• _ - -_
. The procedure for obtaining such a permit
shall be by application on the form prescribed by Collier County to
the environmental services department director in writing stating
the reason or reasons why it is necessary for such vehicle or
vehicles to be operated on the beaches in connection with an
environmental maintenance, conservation, environmental purpose
and/or for purposes allowed by Collier County Ordinance No. 89-
16, taking into consideration the vehicular use restriction
previously stated as a criterion for an exception, and permit or
if the County Manager or designee is satisfied
that a lawful and proper environmental maintenance,
conservation, environmental purpose and/or purpose as described
above and allowed by Collier County Ordinance No. 89-16 will be
served thereby. All permits issued are subject to the following
conditions and limitations:
All vehicles shall be equipped with large pneumatic tires
having a maximum ground-to-tire pressure of ten PSI
(pounds per square inch), as established by the Standard
PSI Formula. Calculations for tire pressure using the
standard formula shall be included with each permit
application.
c. Baby buggies (perambulators), toy vehicles, toy wagons,
wheelchairs or similar devices to aid disabled or non-ambulatory
persons shall be exempt from the provisions of this section.
d. Vehicle-on-the-beach permits issued in conjunction with special or
annual beach events, in conjunction with permanent concession
facilities, or for other routine functions associated with permitted
uses of commercial hotel property. Vehicles which are used in
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conjunction with functions on the beach, are exempt from the
provisions of this section if a vehicle-on the
---' - - - --- - .e•--. -- ..
•
issued are subject to the following conditions and limitations:
beach permit has been granted by the County Manager or
designee. All permits issued are subject to the following conditions
and limitations:
The use of vehicles shall be limited to set-up and removal
of equipment for the permitted function.
ii. Said permits shall be prominently displayed on the vehicle
and kept with the vehicle and available for inspection.
iii. The types of vehicles permitted for this use may include
ATVs, non-motorized handcarts or dollies, and small utility
wagons, which may be pulled behind the ATVs.
iv. All vehicles shall be equipped with large pneumatic tires
having a maximum ground-to-tire pressure of ten PSI
(pounds per square inch), as established by the Standard
PSI Formula. Calculations for tire pressure using the
standard formula shall be included with each permit
application.
v. Permits shall only be issued for ATVs when
cervices department staff County Manager or designee
has determined that: 1) evidence has been provided that
there is a need to move equipment, which, due to the
excessive weigh and distance of equal to or greater than
200 feet, would be prohibitive in nature to move with, push
carts or dollies; or 2) a limited designated work area has
been established at the foot of the dune walkover for
loading and unloading and the ATV use is restricted to that
limited identified area.
vi. When not in use all vehicles shall be stored off the beach.
vii. During sea turtle nesting season, the following shall apply:
1) no vehicle may be used on the beach until after
completion of daily sea turtle monitoring conducted by
personnel with prior experience and training in nest
surveys procedures and possessing a valid Fish and
Wildlife Conservation Commission Marine Turtle Permit; 2)
there shall be no use of vehicles for set up of chairs or
hotel or commercial beach equipment, etc. until after the
beach has been monitored; 3) one ingress/egress corridor
onto and over the beach, perpendicular to the shoreline
from the owner's property, shall be designated by the
Collier County Environmental Services Department (ESD)
County Manager or designee; additional corridors may be
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approved when appropriate and necessary as determined
by the ESP County Manager or designee; a staging area
may be approved for large events as determined by the
€SD County Manager or designee and 4) except for
designated corridors, all motorized vehicles shall be
operated below the mean high water line (MHW), as
generally evidenced by the previous high tide mark. If at
anytime ESD County Manager or designee determines that
the designated corridor may cause adverse impacts to
the beach, nesting sea turtles, or the ability of hatchlings to
traverse the beach to the water, an alternative corridor
shall be designated. If no alternative is available, as
determined by the €.SD County Manager or designee, the
vehicle-on-the-beach permit may be suspended for the
remaining period of the sea turtle season.
vii. These vehicles may not be used for transportation of
people or equipment throughout the day. The permit shall
designate a limited time for equipment set up and for the
removal of the equipment at the end of the day.
e. Permit for construction (excluding beach renourishment and
maintenance activities). Prior to beginning construction in
proximity to a sand dune for any purpose whatsoever, including
conservation, a temporary protective fence shall be installed a
minimum of ten feet landward of the dune. It shall be unlawful to
cause or allow construction and related activity seaward of such
fence. Each permit for work shall clearly indicate the provisions of
this Code and the protective measures to be taken and shall be
subject to the provisions of section 10.02.06 1.3.
f. Beach raking and mechanical beach cleaning.
Beach raking and mechanical beach cleaning shall be
prohibited on undeveloped coastal barriers unless a state
permit is obtained.
ii. Beach raking and mechanical beach cleaning must
comply with the provisions of section 10.02.06 I. of this
Chapter.
iii. Beach raking and mechanical beach cleaning shall not
interfere with sea turtle nesting, shall preserve or replace
any native vegetation on the site, and shall maintain the
natural existing beach profile and minimize interference
with the natural beach dynamics and function.
iv. Beach raking and mechanical cleaning shall not occur
below MHW on the wet sand area of beach which is
covered by high tide and which remains wet during low
tide. Bbeach raking and mechanical beach cleaning shall
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not operate or drive within 15 feet of dune vegetation and
endangered plant and animal communities, including sea
turtle nests. Surface grooming equipment that does not
penetrate the sand may operate or drive to within ten feet
of dune vegetation and endangered plant and animal
communities, including sea turtle nests.
v. Beach raking and mechanical beach cleaning devices
shall not disturb or penetrate beach sediments by more
than the minimum depth necessary, not to exceed two
inches, in order to avoid a potential increase in the rate of
erosion.
vi. Vehicles with greater than ten psi ground to tire pressure,
shall not be used to conduct beach raking. Vehicles with
less than ten psi ground to tire pressures, in conjunction
with the attachment of a screen, harrow drag or other
similar device used for smoothing may be used to conduct
beach raking upon approval of the ESD County Manager
or designee.
vii. Mechanical beach cleaning involving sand screening or a
combination of raking and screening shall only be
conducted on an "as needed" basis as determined by the
public utilities engineering department and the
environmental services department County Manager or
designee. Necessity will include when large accumulations
of dead and dying sea-life or other debris remains
concentrated on the wrack-line for a minimum of two tidal
cycles following a storm event, red tide or other materials
which represent a hazard to public health.
g. Vehicles associated with beach nourishment and inlet
maintenance.
Heavy equipment used in conjunction with beach
nourishment, inlet maintenance, to accomplish FDEP
permit requirements, or other unusual circumstance as
determined by the CDES administrator County Manager or
designee, which cannot meet the standard PSI, will require
compaction mitigation. Mitigation shall be accomplished by
tilling to a depth of 36 inches or other FDEP approved
methods of decreasing compaction. Beach tilling shall be
accomplished prior to April 15 following construction and
for the next two years should compaction evaluations
exceed state requirements.
ii. Utilization of equipment for the removal of scarps, as
required by FDEP, shall be limited to an ingress/egress
corridor and a zone parallel to the MHW. Scarp removal
during sea turtle season shall have prior FDEP approval
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and coordinated through the FDEP, FWCC, CCESD and
the person possessing a valid Fish and Wildlife
Conservation Commission Marine Turtle Permit for the
area.
iii. No tilling of the beaches shall occur during sea turtle
nesting season.
3. Operation of vehicles on the beach during marine turtle nesting season.
The operation of motorized vehicles, including but not limited to self-
propelled, wheeled, tracked, or belted conveyances, is prohibited on
coastal beaches above mean high water during sea turtle nesting season,
May 1 to October 31, of each year, except for purposes of law
enforcement, emergency, or conservation of sea turtles, unless such
vehicles have a valid permit issued pursuant to this section. Permits
issued pursuant to this section are not intended to authorize any violation
of F.S. § 370.12, or any of the provisions of the Endangered Species Act
of 1973, as it may be amended.
a. All vehicle use on the beach during sea turtle nesting season, May
1 to October 31, of each year must not begin before completion of
monitoring conducted by personnel with prior experience and
training in nest surveys procedures and possessing a valid Fish
and Wildlife Conservation Commission Marine Turtle Permit.
4. Penalties. Notwithstanding the penalties set forth elsewhere in this Code,
violations of this section are subject to the following penalties:
a. Violations of section 10.02.06 I.2.f above which do not occur
during sea turtle nesting season, i.e., occur outside of sea turtle
nesting season, are subject to up to a $500.00 fine per violation.
b. Minor infractions of section 10.02.06 I.2.f above which occur
during sea turtle nesting season are subject to up to a $500.00
fine per violation. Minor infractions are defined as any activity that
will not cause immediate harm to sea turtles or their nesting
activity; and include, but are not limited to, the following: 1) use of
an unpermitted vehicle; 2) vehicles being operated: b a) without
permit being available for inspection; or b) with improper tire
pressure.
c. Major infractions of section 10.02.06 l.2.f above which occur
during sea turtle nesting season, are subject to the following
penalties. Major infractions are defined as any activity that may
cause immediate harm to sea turtles or their nesting activities; and
include, but are not limited to, the following: 1) use of a vehicle
prior to daily sea turtle monitoring, 2) use of a vehicle after 9:30
pm, or 3) use of a vehicle outside of a designated corridor.
First violation: $1,000.00 fine and a suspension of permitted
activities, including but not limited to: beach raking or mechanical
cleaning activities, for 70 days or the balance of sea turtle nesting
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season, whichever is less.
Second violation: $2,500.00 fine and a suspension of permitted
activities, including but not limited to: beach raking or mechanical
cleaning activities, for 70 days or the balance of sea turtle nesting
season, whichever is less.
Third or more violation: $5,000.00 fine and a suspension of
permitted activities, including but not limited to: beach raking or
mechanical cleaning activities, for 70 days or the balance of sea
turtle nesting season, whichever is less.
d. Violations of section 10.02.06 I., which do not occur during sea
turtle nesting season, i.e., occur outside of sea turtle nesting
season, are subject to up to a $500.00 fine per violation.
e. Violations of sections 10.02.06 I. which occur during sea turtle
nesting season are subject to the following penalties:
Minor infractions are subject to up to a $500.00 fine per
violation. Minor infractions are defined as any activity that
will not cause an immediate harm to sea turtles or their
nesting activity; and include, but are not limited to, the
following: 1) use of an unpermitted vehicle; 2) vehicles being
operated: a) with permit not available for inspection; or b)
with improper tire pressure.
* * * * * * * * * * * *
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