EAC Agenda 01/07/2004 ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
WEDNESDAY, JANUARY 7, 2001
9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building "F") —Third Floor
I. Roll Call
II. Approval of Agenda
III. Approval of December 8, 2003 Meeting Minutes
IV. Land Use Petitions
V. Old Business:
LDC Amendments
3.8 Environmental Impact Statements
3.9 Vegetation Removal
3.11 Listed Species
3.13 Coastal Construction Setback Line Variance
VI. New Business:
Listed Species
VII. Council Member Comments
VIII. Public Comments
IX. Adjournment
'-. Council Members: Please notify the Environmental Services Department
Administrative Assistant no later than 5:00 p.m. on January 2, 2004 if you cannot-
attend
annotattend this meeting or if you have a conflict and will abstain from voting on a petition
(403-2424).
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.
December 8, 2003
ENVIRONMENTAL ADVISORY COMMITTEE
Board Meeting Room, 3`d Floor, Administration Building
3301 Tamiami Trail Naples,Florida 34112
9:00 A.M. December 8, 2003
LET IT BE REMEMBERED, that the Environmental Advisory Committee,in and for the
County of Collier,having conducted business herein,met on this date at 9:00 o'clock
a.m., in REGULAR SESSION in Building"F"of the Government Complex,East Naples,
Florida,with the following members present:
Members: Alexandra Ellis,Vice-Chairman
William W. Hughes
Alfred F. Gal, Jr.
Kenneth Humiston, PE
Michael Sorrell
Collier County Staff:
Marjorie Student,Assistant County Attorney
Patrick White,Assistant County Attorney
Barbara Burgeson, Senior Environmental Specialist
Stephen Lenberger, Environmental Specialist
Russell Webb, Principal Planner
Page 1
ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
MOO wiEtir***A-400,3
9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building "F") —Third Floor
Roll Call
II. Approval of Agenda
III. Approval of November 5, 2003 Meeting Minutes
IV. Land Use Petitions
A. Planned Unit Development No. PUDZ-2003-AR-3764
"St. John the Evangelist Catholic Church PUD"
Section 21, Township 48 South, Range 25 East
V. Old Business:
LDC Amendments (continued from November meeting)
VI. New Business:
VII. Council Member Comments
VIII. Public Comments
ix. Adjournment
Council Members: Please notify the Environmental Services Department
Administrative Assistant no later than 5:00 p.m. n abstainbfrom voting io423 if you n a cannot
petition
attend this meeting or if you have a conflict
and will
(403-2424).
.-� 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.
December 8, 2003
I. Roll Call
-The meeting was called to order at 9:00 o'clock a.m. A quorum was established.
Members: Present, Alexandra Ellis, William W. Hughes,
Alfred F. Gal, Jr., Kenneth Humiston, PE, Michael Sorrell.
Excused Absences, Thomas Sansbury, Edward Carlson,Erica Lynn,Ph.D
Collier County Staff: Marjorie Student, Esquire; Patrick White,Esquire;
Barbara Burgeson; Donald Schneider; Stephen Lenberger; Fred Reischl;
Russell Webb
II. Approval of Agenda
- CSL Variance discussion for clarification was added under Old Business.
--Summary of conflict forms under Old Business
III. Approval of Meeting Minutes
A. November 5, 2003 Minutes were approved unanimously with no
changes.
IV. Land Use Petitions
A. Planned Unit Development No. PUDZ-2003-AR-3764"St. John the
Evangelist Catholic Church PUD" Section 21, Township 48 South,
Range 25 East
SPEAKERS:
All speakers were sworn in.
Michael Fernandez, Planning and Development, representing
Petitioner, St. John the Evangelist Catholic Church, existing PUD has
master plan,new master plan is proposed, current master plan indicates
2
December 8, 2003
100%mitigation,no retained vegetation requirement, proposed amended
master plan proposes to retain.82 acres of native habitat and balance of
requirement is in the form of preservation mitigation. Urban site, in
coastal area. Tortoise population has been relocated off-site. Couple
tortoises will be retained on-site. Wetlands in front of site were mitigated
with created wetlands in the rear that are sustained by the water
management system. There will be no jurisdictional wetlands on this site.
Developer is required to pay fee to set aside land in the panther habitat,
petitioner has done so.
-Motion was made to approve petition,motion was seconded,motion
carried 5-0.
V. Old Business
LDC Amendments
Attachment B. Tab K. 3.8 Environmental Impact Statements 11/24/03
Draft
-Barbara Burgeson, 3.8 was approved,there is nothing in EIS section that
identifies when and how often it needs updating. Sometime EIS is three or four
years old and there are wildlife issues on site, clarification is needed on how often
wildlife surveys need to be updated. Language will be put in today re changes.
There is no provision that requires re-survey to determine how many tortoises are
still in the preserve. Follow up studies are needed to see how successful
relocation is, can be included in 3.11 in gopher tortoise section. All EIS come to
the EAC. Some projects may qualify for waiver. There is a process where the
3
December 8, 2003
petitioner may bring a project back before the EAC if they have issues and want
to appeal.
Attachment D. Tab M. 3.11 Listed Species 10/16/03 Draft
-Barbara Burgeson, Must stay strictly within GMP language at this point in time
and during the GMP glitch cycle for which language is being created right now
and that will be brought before the EAC in February or March. At that time the
changes to the GMP will be presented which are necessary to facilitate the
changes the EAC had recommended in 3.11. Recommendations or options paper
will be presented.
SPEAKERS
Nancy Payton,Florida Wildlife Federation,would like Collier County
government to take responsibility for the protection of individual listed species
and listed species populations within Collier County. Would like County to
implement a uniform procedure to ensure that technical assistance will be
requested from the Florida Fish and Wildlife Conservation Commission and the
U.S. Fish and Wildlife Service on appropriate development applications with an
as broad based interpretation as possible. County needs to develop and
implement specific planning strategies and management plans for listed species
such as Bald Eagle, Red Cockaded Woodpeckers, Piping Plovers, Wood Stork,
Florida Panther, Florida Black Bear and Big Cypress Fox Squirrel, among others.
4
December 8, 2003
Discussion
-Collier County is required to request technical assistance from the
agencies.
-Ave Maria did not require EIS because the majority of site is
impacted, they have less than ten acres of native vegetation, it was
identified and pulled out specifically to avoid impact.
-Brad Cornell, Collier County Audubon Society, agrees with
Nancy Payton, Collier County needs its own policies to protect Collier
County wildlife. Advocates that language in GMP now is sufficient to
allow Collier County staff discretion to not accept a take where Collier
County loses a nest or any listed species.
Discussion
-There is an obligation through vegetation protection section of Code to
combine preserves to off site preservation areas and natural reserves, and state
and federal preservation areas.
-Language obligates creation of corridors or greenways in the rural fringe.
-Regarding the Wiggins Pass eagle,there has been no effort for a take on
the eagle, and plan to preserve eagle nest is being worked on.
-Revised EIS language will require presentation before the EAC if there
are any protected species on a site being developed.
-Attachment C. Tab L. 3.9 Vegetation Removal 11/24/03
-Barbara Burgeson, all changes discussed at last EAC meeting were
incorporated. Page 10 preserve area criteria important for EAC to utilize in
5
December 8,2003
future. Petitioner will be required to identify highest quality habitat first for
preservation.
-Brad Cornell, Collier County Audubon Society,made mistake under
Mitigation 3.9.5.3 B1 (b),would like language that was changed put back to
original language.
-Motion was made that Paragraph 3.9 5.3 Bl(b)be reinserted into the
Land Development Code,motion was seconded,motion carried 5-0.
-Discussion
-EAC cannot grant variance, only advisory capacity.
-3.9.6.3,type of open space is defined in one and two below, does not have to be
open to line of sight.
-Some areas of Collier County are more environmentally sensitive than
other areas. Some areas of Collier County have more of a development
expectation than other areas. Requirements are different, from urban lands
through the rural fringe district to the eastern lands there are a different set of
requirements that are progressively more restrictive with regard to environmental
considerations. Vegetation retention standards are much less in the urban areas
than they are in the rural fringe and standards that relate to developments that abut
conservation lands within the rural fringe mixed use district are much more
stringent and explicit than those in the urban land use category.
-Motion was made to approve amendment,motion was seconded, motion
carried 5-0.
6
December 8,2003
CSL Variance
Mr. Humiston stated setback line is straight and shoreline is not; there are
places where there should be no activity in front of the CSL. There are other areas where
the setback line is pretty far back from the beach, behind active beach and dune system,
and there is no environmental benefit to prohibiting activities that do not have an
environmental impact. Mr. Humiston does not support the amendment as it was worded.
Mr. Humiston previously voted affirmatively on amendment and would like to bring the
amendment up for reconsideration.
-Mr. Humiston made a motion to bring LDC Section 3.13 Coastal Construction
Line Setback Variance up for reconsideration, motion was seconded.
-Marjorie Student,Assistant County Attorney, stated there was a problem with
reconsidering item from two months ago.
-Barbara Burgeson stated matter could be put on agenda and brought back in
January with changes for discussion. CCPC at last meeting voted to recommend denial
of the language, 6-2. meeting.
-Mr. Humiston stated that with the understanding that the Coastal Construction
Setback Line variance language will come back before us in January, I withdraw my
motion.
Conflicts:
Thomas W. Sansbury,Vanderbilt Beach RTO Zone District, a measure came or
will come before my agency which inured to the special gain or loss of my employer.
7
December 8, 2003
Thomas W. Sansbury, LDC Amendments, Cycle 3, Tab C RLSA District, a
measure came or will come before my agency which inured to the special gain or loss of
my employer.
VI. New Business
Mr. Hughes stated that a laptop computer with a GPS interface with the County's
satellite and aerial photographs interfaced on that would allow much easier tracking for
agents in field, would be cost effect and reduce labor. Recommended equipping
environmental code enforcement officers with that type of technology and would like
staff to look into it.
There being no further business for the good of the County,the meeting was
adjourned by order of the Chair at 10:30 A.M.
COLLIER COUNTY ENVIRONMENTAL
ADVISORY COUNCIL
Chairman
8
.Z ` I
TAB K
3.8
ENVIRONMENTAL IMPACT
STATEMENTS
TAL#532626.1 140
DIVISION 3.8. ENVIRONMENTAL IMPACT STATEMENTS (EIS)*
3.8.1 TITLE AND CITATION
3.8.2. PURPOSE
3.8.3 APPLICABILITY
3.8.4 SUBMISSION AND REVIEW OF EIS
3.8.5 INFORMATION REQUIRED FOR APPLICATION
3.8.5.1 APPLICANT INFORMATION
3.8.5.2 MAPPING AND SUPPORT GRAPHICS
3.8.5.3 PROJECT DESCRIPTION AND CONSISTENCY
DETERMINATION
3.8.5.4 NATIVE VEGETATION PRESERVATION
3.8.5.5 WETLANDS
3.8.5.6 SURFACE AND GROUND WATER MANAGEMENT
3.8.5.7 LISTED SPECIES
3.8.5.8 OTHER
3.8.6 ADDITIONAL DATA
3.8.7 RELATION BETWEEN EIS AND DRI
3.8.8 EXEMPTIONS
3.8.8.1 SINGLE FAMILY OR DUPLEX USES
3.8.8.2 AGRICULTURAL USES
3.8.8.3 NON-SENSITIVE AREAS
3.8.8.4 AREAS WITHIN INCORPORATED MUNICIPALITIES
3.8.8.5 NBMO RECEIVING LANDS
3.8.9 FEES
3.8.10 APPEALS
Division 3.8 ENVIRONMENTAL IMPACT STATEMENTS (EIS)
3.8.1 No change.
3.8.2.PURPOSE.
3.8.2.1. The purpose of this division 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
TAL#532626.1 141
of such decisions upon the environment, to encourage projects and developments that
will:
4 A.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.
2 B.Minimize the future reduction in property values likely to result, or be caused by
improperly designed and executed projects and developments.
3:C. Reduce the necessity for expenditure of public funds in the future for
rehabilitating the environmental quality of areas of environmental sensitivity.
3.8.2.2. Further, it is the purpose of this division 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.
3.8.2.3. It is also the purpose of this division 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 future generations.
3.8.3. APPLICABILITY; ENVIRONMENTAL IMPACT STATEMENT (EIS)
REQUIRED. Without first obtaining approval of an EIS, or exemption pursuant to
section 3.8.98, as required by this Code it shall be unlawful and no 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 shall be issued to cause the development of or site alteration of:
3.8.3.1. Any site with a ST or ACSC-ST overlay.
3.8.3.2. All sites seaward of the coastal management boundary that are 2.5 or more acres.
3.8.3.3. All sites landward of the coastal management boundary that are ten or more
acres.
3.8.3.4. Any other development or site alteration which in the opinion of the development
services director, 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 development services
director shall base his decision on the terms and conditions described in this Code and
on the project's consistency with the growth management plan.
3.8.4. SUBMISSION AND REVIEW OF EIS. A completed EIS, Gigncd by the
. ..- . - . _ . . _- • in written and digital format, shall be
submitted to development services director 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) of the EIS 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
TAL#532626.1 142
•
ecological or biological professional experience if substituting for academic
credentials.
SEC.3.8.5.INFORMATION REQUIRED FOR APPLICATION.
•
• - -
.
2. Legal description of site.
•
1. General location map.
2. Native habitats and their boundaries shall be identified on an aerial
' - - et - • -
.. - - r•
.- - - - - -- - -- ---- --- - -
II • .
one inch equal to 400 feet is acceptable. Information obtained by ground
5. Soils map at scale consistent with . • -: . - . : . `- ... •- •
Transportation Florida Land Use Cover and Forms Classification System
6. Proposed drainage plan indicating basic flow patterns, outfall and off site
drainage.
in the impact area.
3.8.5.4. Impact categories.
3.8.5.4.1. Biophysical.
TAL#532626.1 143
1. Air quality.
project.
c. Procedures that will be use [used] to reduce adverse impacts of air
pollution.
2. Water quality.
a. Changes in levels and types of water pollution as defined by current
rel
b. Inventory of water uses that are restricted or precluded because of
• -
pollution,
c. Removal and/or disturbance of natural barriers to storm waves and
bred
4. Wetlands.
- -
to the Collier County growth management plan) by vegetation type
(species), vegetation composition (canopy, midstory and ground cover),
vegetation abundance (dominant, common and occasional), and their
wetlandfunctions
c. Indicate how the project design improves/affects predevelopment
TAL#532626.1 144
.. • .. .. , . . - , .. . • .. . - , _- . . .. -
b. Indicate proposed percent of defined uplands to be impacted and the
d. Provide a plant and animal species survey to include at a minimum,
c. Indicate how the project design minimizes impacts on species of special
s
a. Provide current State of Florida classification of the waters (Florida
Administrative Code, chapter 17 3).
. .-: , - . . : . - areas and their marine and estuarine
functions.
estuarine resources.
g. Indicate how the project design minimizes impacts on marine and
est„
design shall replace the lost marine and estuarine functions.
7. Noise.
reguletiens,
. . - • : . - • . : . -
TAL#532626.1 145
•
- - - . -- - - : .. .. . .
3.8.5.4.2. Public facilities and services.
_ •- , - -
b. If applicable, describe similar features of proposed new treatment
f ilit
_ .
2. Water supply.
project.
c. Analysis of on-site treatment systems relative to state and county standards.
3. Solid wastes.
c. Any plans for recycling or resource recovery.
c. Management plans for any opcn water areas if one half acre or more
within-the-pfejeet7
u-seT
- - - -
5. Aesthetic and cultural factors.
a. Provide documentation from the Florida Master Site File, Florida
the proposed project design.
integrity of the site.
TAL#532626.1 146
•
•
- ... _ .
•
. .
6 Bring.
Sec. 3.8.6.Specifics to address.
•
... . . - - .... - _ - _.. - - -
Sec. 3.8.7. Additional data. The development services director may -require any
of the EIS.
3.8.5.1 APPLICANT INFORMATION.
A. Responsible person who wrote the EIS and his/her education and job related
environmental experience.
B. Owner(s)/agent(s) name, address, phone number&e-mail address.
3.8.5.2 MAPPING AND SUPPORT GRAPHICS.
A. General location map.
B. 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
TAL#532626.1 147
provided. A legend for each of the FLUCFCS categories found on-site shall be
included on the aerial.
C. Topographic map, and existing drainage patterns if applicable. Where possible,
elevations within each of FLUCFCS categories shall be provided.
D. Soils map at scale consistent with that used for the Florida Department of
Transportation Florida Land Use Cover and Forms Classification System
determinations.
E. Proposed drainage plan indicating basic flow patterns, outfall and off-site
drainage.
F. Development plan including phasing program, service area of existing and
proposed public facilities, and existing and proposed transportation network in the
impact area.
G. 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.
H. 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.
3.8.5.3 PROJECT DESCRIPTION AND GMP CONSISTENCY
DETERMINATION.
A. Provide an overall description of the project with respect to environmental and
water management issues.
B. 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.
3.8.5.4 NATIVE VEGETATION PRESERVATION.
A. 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).
B. 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 Division 3.9 of the Land Development Code.
Provide an exhibit illustrating such. Include calculations identifying the acreage
for preservation and impact,per FLUCFCS category.
n C. For sites already cleared and in agricultural use, provide documentation that the
parcels) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of
TAL#532626.1 148
the Conservation and Coastal Management Element of the Growth Management
Plan and Division 3.9 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.
D. 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.
E. For properties with Special Treatment "ST" overlays, show the ST overlay on the
development plan and provided an explanation as to why these areas are being
impacted or preserved.
3.8.5.5 WETLANDS.
A. 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.
B. Determine seasonal and historic high water levels utilizing lichen lines or other
biological indicators. Indicate how the project design improves/affects
predevelopment hydroperiods. • • ' •- • •-• -: = ' = - - . •.. - ' •-
site? Provide a narrative addressing the anticipated control elevation(s) for the
site.
C. 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.
D. 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,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 are being retained on-site, provide justification based on the Uniform
Mitigation Assessment Method.
TAL#532626.1 149
3.8.5.6 SURFACE AND GROUND WATER MANAGEMENT.
A. 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.
B. 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 A: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.
C. 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.
Describe the measures that are proposed to mitigate for impact to state and
federally listed species.
3.8.5.7 LISTED SPECIES
A. Provide a plant and animal species survey to include at a minimum, listed species
known to inhabit 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.
B. Identify all listed species that are known to inhabit biological communities similar
to those existing on the site or that have been directly observed on the site.
C. Indicate how the project design minimizes impacts to species of special status.
•- . )-s rio- t e -a res at ar- sr, se es a mii'. ion or ' •t is to
listed species.
D. 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.
E. 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.
TAL#532626.1 150
�-•� 3.8.5.8 OTHER.
A. 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.
B. 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.
C. 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.
D. Soil sampling or ground water monitoring reports and programs shall be required
for sites that occupy old farm fields, old golf courses or are suspected of
previously having contamination on site. The amount of sampling and testing
shall be determined by the Environmental Services staff along with the Pollution
Control Department and the Florida Department of Environmental Protection.
E. 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.
3.8.6 ADDITIONAL DATA. The Development Services Director may require
additional data or information necessary in order to make a thorough and complete
evaluation of the EIS and project.
3.8.8: 7. 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 all
the required information on both the EIS and DRI.
3.8.1:8. EXEMPTIONS.
3.8.9.1. 3.8.8.1. Single-family or duplex uses. Single-family or duplex use on a single lot
or parcel. Exemption shall not apply to any parcel with a ST or ACSC-ST overlay,
unless otherwise exempted by section 2.2.24.8 of this Code.
3.8.9.1.1. 3.8.8.2. Agricultural uses. Berea-€de-aAgricultural uses where-aft-agricultural
clearing permit or exemption has been issued in accordance with section 3.9.6.5
herein, 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 oft twenty-five
years after the agricultural uses commence and provided that the subject property
does not fall within an ACSC or ST zoning overlay.
- . :•- : -- , . . , . - - - . . - .
TAL#532626.1 151
•
.2.2.2.2.1 LDC, Permitted uses, item 2, as may be amended from time to time.
3.8.9.2. 3.8.8.3 Non-sensitive Areas. Any area or parcel of land which is not, in the
opinion of the development services director, 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: - • . ••- • - • .2, --
3.8.9.2.1. A. The subject property has already been altered through past usage, prior to
the adoption of this Code, in such a manner that the proposed use will not further
degrade the environmental quality of the site or the surrounding areas which
might be affected by the proposed use.
3.8.9.2.2. B. 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.
3.8.9.2.3. C. The surface and/or natural drainage or recharge capacity of the project
site has been paved or channeled, or otherwise altered or improved prior to the
adoption of this Code, and will not be further degraded as a result of the proposed
use or development.
3.8.9.2.4. D. The use and/or development of the subject property will definitely
improve and correct ecological deficiencies which resulted from use and/or
development which took place prior to the passage of this Code. An example
would be where the developer proposes to reforest the area, provide additional
open space, replace natural drainage for channeled drainage, and/or reduce
density.
3.8.9.2.5. E. The use or development will utilize existing buildings and structures and
will not require any major alteration or modification of the existing land forms,
drainage, or flora and fauna elements of the property.
3.8.9.3. 3.8.8.4.All lands lying within all incorporated municipalities in Collier County.
3.8.8.5 All NBMO Receiving Lands.
3.8.E 9. 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.
3.8.E 10.APPEALS.
A. Any person aggrieved by the decision of the development services director
regarding any section of this Code may file a written request for appeal, not later
than ten days after said decision, with the environmental advisory board or their
successor organization.
TAL#532626.1 152
B. The environmental advisory board will notify the aggrieved person and the
development services director 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 environmental advisory board within 60 days of
the submission of the appeal.
D. Ten days prior to the hearing the aggrieved person shall submit to the
environmental advisory board and to the development services director copies of
the data and information he intends to use in his appeal.
E. Upon conclusion of the hearing the environmental advisory board will submit to
the board of county commissioners their facts, findings and recommendations.
F. The board of county commissioners, in regular session, will make the final
decision to affirm, overrule or modify the decision of the development services
director in light of the recommendations of the environmental advisory board.
TAL#532626.1 153
TAB L
3.9
VEGETATION REMOVAL, ETC
TAL#532626.1 154
3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION
3.9.1 TITLE AND CITATION
3.9.2 PURPOSE
3.9.3 APPLICABILITY
3.9.3.1 EXEMPTIONS AND EXCEPTIONS
A. NBMO EXEMPTION
B. SEMINOLE AND MICCOSUKEE TRIBE EXCEPTION
C. AGRICULTURAL EXEMPTION
D. PRE-EXISTING USES
E. EXEMPT MANGROVE ALTERATION PROJECTS
3.9.4. VEGETATION PRESERVATION STANDARDS
3.9.4.1 GENERAL STANDARDS AND CRITERIA
3.9.4.2 SPECIFIC STANDARDS APPLICABLE OUTSIDE THE RFMU AND RLSA
DISTRICTS
A. REQUIRED PRESERVATION \
B. EXCEPTIONS
3.9.4.3 SPECIFIC STANDARDS FOR THE RFMU DISTRICT
A. RFMU RECEIVING LANDS OUTSIDE THE NBMO
B. NEUTRAL LANDS
C. RFMUSENDING LANDS
E. EXCEPTIONS
1. NONCONFORMING,PRE-EXISTING
PARCELS
2. SPECIFIC COUNTY-OWNED LAND
3. DISCRETIONARY EXCEPTION FOR ESSENTIAL
PUBLIC SERVICES
3.9.4.4 SPECIFIC STANDARDS FOR RLSA DISTRICT
3.9.4.5 DENSITY BONUS INCENTIVES
3.9.5 WETLAND PRESERVATION AND CONSERVATION
3.9.5.1 PURPOSE
3.9.5.2 URBAN LANDS
3.9.5.3 RFMU DISTRICT
A. STANDARDS
TAL#532b26.1 155
B. MITIGATION
1. MITIGATION REQUIREMENTS
2. MITIGATION INCENTIVES
3.9.5.4 ESTATES, RURAL-SETTLEMENT AREAS, AND ACSC
3.9.5.5 RLSA DISTRICT
3.9.5.6 SUBMERGED MARINE HABITATS
3.9.6 NATURAL RESERVATION PROTECTION AND
CONSERVATION
3.9.6.1 PURPOSE AND APPLICABILITY •
3.9.6.2 REVIEW PROCESS
3.9.6.3 RFMU DISTRICT REQUIREMENTS
A. OPEN SPACE
B. OPEN SPACE AS BUFFERS
C. CONTIGUOUS NATIVE VEGETATION
D. WILDLIFE CORRIDORS
3.9.7 PRESERVE STANDARDS
3.9.7.1 DESIGN STANDARDS
A. IDENTIFICATION
B. MINIMUM DIMENSIONS
C. PROTECTION OF WETLAND HYDROPERIODS
D. PROTECTIVE COVENANTS
E. CREATED PRESERVES
1. APPLICABILITY
2. REQUIRED PLANTING CRITERIA
F. ALLOWABLE SUPPLEMENTAL PLANTINGS
G. PRESERVE MANAGEMENT PLANS
1. GENERAL MAINTENANCE
2. EXOTIC VEGETATION REMOVA,NON-NATIVE
VEGETATION AND NUISANCE OR INVASIVE PLANT
CONTROL
3. DESIGNATION OF A PRESERVE MANAGER
4. WILDLIFE HABITAT MANAGEMENT
TAL#532626.1 156
5. PROTECTION DURING CONSTRUCTION AND SIGNAGE
ANTER CONSTRUCTION
H. ALLOWABLE USES WITHIN PRESERVE AREAS
3.9.7.2 INSPECTIONS AND MAINTENANCE
3.9.7.3 REQUIRED SETBACKS TO PRESERVES
3.9.7.4 EXEMPTIONS
3.9.8 VEGETATION PROTECTION AND REMOVAL STANDARDS
39.8.1 VEGETATION PROTECTION STANDARDS
A. GENERAL
B. FILLING AND CONSTRUCTION DEBRIS
C. ATTACHMENTS
D. EXCAVATION
E. PROTECTIVE BARRIERS
1. INSTALLATION OF PROTECTIVE BARRIERS
2. APPLICANT'S REPRESENTATIVE REQUIRED
3.9.8.2. CRITERIA FOR REMOVAL AND/OR PLACEMENT OF
PROTECTED VEGETATION
A. STANDARDS.
B. VEGETATION RELOCATION PLAN
C. LANDSCAPE PLANT REMOVAL OR REPLACEMENT
3.9.8.3.MANAGEMENT PLAN AND INSPECTIONS
A. MANAGEMENT PLAN REQUIRED
B. ON-SITE INSPECTIONS
3.9.9. REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC VEGETATION
3.9.9.1.GENERAL
3.9.9.2.EXOTIC VEGETATION MAINTENANCE PLAN
3.9.9.3.APPLICABILITY TO NEW STRUCTURES AND TO ADDITIONS TO
SINGLE-FAMILY AND TWO-FAMILY LOTS
3.9.10.REQUIRED PERMITS AND NOTICES
3.9.10.1. VEGETATION REMOVAL PERMIT
A. OTHER PERMITS REQUIRED
B. ` APPLICATION CONTENTS
C. REVIEW PROCEDURES
TAL#532626.1 157
1. ISSUANCE OF PERMIT
2. DENIAL OF PERMIT
3. PERMIT FEES
D. VEGETATION REMOVAL PERMIT EXCEPTIONS
3.9.10.2.AGRICULTURAL LAND CLEARING
A. LAND CLEARING PERMIT
1. APPLICATION
2. DETERMINATION OF COMPLETENESS
3. CRI1'bRIA FOR REVIEW OF APPLICATION
4. ISSUANCE OF PERMIT
5. RENEWAL OF AGRICULTURAL CLEARING PERMIT
6. EXEMPTIONS FOR AGRICULTURAL CLEARING PERMIT
B. LAND CLEARING NOTICE
3.9.11. ENFORCEMENT
3.9.11.1 PENALl'1'1ES
A. FINES
B. RESTORATION STANDARDS
3.9.11.2 CORRECTIVE MEASURES FOR ENVIRONMENTAL VIOLATIONS
A. MITIGATION
B. REQUIREMENTS FOR A MITIGATION PLAN
C. SHE-SPECIFIC REVIEW CRITERIA
D. COUNTY REVIEW OF MITIGATION PLAN
E. MONITORING AND REPLANTING
F. DONATION OF LAND OR FUNDS
3.9.12 APPEAL OF ENFORCEMENT
3.9.13 SUSPENSION OF PERMIT REQUIREMENT
3.9.1. TITLE AND CITATION. This division shall be known and may be cited as the
"Collier County Vegetation Removal, Protection and Preservation Regulations."
3.9.2. PURPOSE. The purpose of this division is the protection of vegetation within
Collier County by regulating its removal; to assist in the control of flooding, soil
erosion, dust, heat, air pollution and noise and to maintain property, aesthetic and
health values within Collier County; to limit the use of irrigation water in open space
areas by promoting the preservation of existing plant communities. To limit the
TAL#532626.1 158
removal of existing viable vegetation in advance of the approval of land development
plans; to limit the removal of existing viable vegetation when no landscape plan has
been prepared for the site. It is not the intent of this division to restrict the mowing of
nonprotected vegetation in order to meet the requirements of other sections of this
Code.
3.9.3. APPLICABILITY. It shall be unlawful for any individual, firm, association,joint
venture, partnership, estate, trust, syndicate, fiduciary,corporation, group or unit of
federal, state, county or municipal government to remove, or otherwise destroy,
vegetation, which includes placing of additional fill, without first obtaining a
vegetation removal or vegetation removal and fill permit from the development
services director except as hereinafter exempted.
3.9.3.1. EXEMPTIONS AND EXCEPTIONS.
A. NBMO EXEMPTION. Development in NBMO Receiving Lands are exempt
from the provisions of this Division.
B. SEMINOLE AND 1VIICCOSUIKEE TRIBE EXCEPTION. Except that iIn
accordance with F.S. § 581.187, vegetation removal permits shall not be required
for members of either the Seminole Tribe of Florida or the Miccosukee Tribe of
Florida Indians, subject to the following conditions. Said permit exemption shall
be for the sole purpose of harvesting select vegetation,including but not limited to
palm fronds and cypress, for use in chickee hut construction, or for cultural or
religious purposes, and tribal member identification and written permission from
the property owner must be in possession at the time of vegetation removal. This
exemption shall not apply to general land clearing, or to agricultural land clearing,
including silviculture.
C. AGRICULTURAL EXEMPTION. Agricultural operations that fall within the
scope of sections 163.3162(4) and 823.14(6), Florida Statutes, are exempt from
the provisions of 3.9.3 through 3.9.9, provided that any new clearing of land for
agriculture outside of the RLSA District shall not be converted to non-agricultural
development for 25 years, unless the applicable provisions set forth in Sections
3.9.4.. through and 3.9.6. are adhered to at the time of the conversion. The
percentage of native vegetation preserved shall be calculated on the amount of
vegetation occurring at the time of the agricultural clearing, and if found to be
deficient, a native plant community shall be restored to re-create a native plant
community in all three strata (ground covers, shrubs and trees), utilizing larger
plant materials so as to more quickly re-create the lost mature vegetation.
D. PRE-EXISTING USES. Exemptions from the requirements of Section 3.9.5
through 3.9.9 shall not apply to, affect or limit the continuation of uses within the
RFMUD which existed existing prior to June 19, 2002.
1. Such existing uses shall include: those uses for which all required permits
were issued prior to June 19 2002; or projects for which a Conditional use or
Rezone petition has been approved by the County prior to June 19, 2002; or,
land use petitions for which a completed application has been submitted and
which have been determined to be vested from the requirements of the Final
TAI#532626.1 159
• �I
Order prior to June 19, 2002. The continuation of existing uses shall include
expansions of those uses if such expansions are consistent with or clearly
ancillary to the existing uses.
2. Such previously approved developments shall be deemed to be consistent with
the GMP Goals, Policies and Objectives for the RFMU District, and they may
be built out in accordance with their previously approved plans. Changes to
these previous approvals shall also be deemed to be consistent with the GMP
Goals, Objectives and Policies for the RFMU District as long as they do not
result in an increase in development density or intensity.
E. EXEMPT MANGROVE ALTERATION PROJECTS. Mangrove alteration
projects that are exempted from Florida Department of Environmental Protection
permit requirements by Florida Administrative Code 17-321.060 are exempt from
preservation standards for the mangrove trees, unless they are a part of a preserve.
This exemption shall not apply to mangrove alterations or removal in any preserve
or in any area where the mangroves have been retained in satisfaction of Section
3.9.4. The Collier County Environmental Advisory Council (EAC) may grant a
variance to the provisions of this section if compliance with the mangrove tree
preservation standards of this Division would impose a unique and unnecessary
hardship on the owner or any other person in control of affected property.
Mangrove trimming or removal for a view shall not be considered a hardship.
Relief shall be granted only upon demonstration by the landowner or affected
party that such hardship is peculiar to the affected property and not self-imposed,
and that the grant of a variance will be consistent with the intent of this division
and the growth management plan.
Sec. 3.9.4. Application requirements.
3.9.4.1. Other permits required. No vegetation removal permit shall be issued by tho
- -- - • - - -- .-_ - - - - - Y-
-
Building permits. (Except in accordance with section 3.2.8.3.6. of this Code.)
9 . . - ... - - • - - ' - - -
TAL#532626.1 160
3.9.4.2. Application contents. Application for a vegetation removal permit shall be
3.9.1.2.1. A generalized vegetation inventory which includes:
. . . •- - - - - - - - - ' •- . -. -- • Y.
the relationships between the areas of vegetation and the proposed site
impentsh
2. Generalized written assessment and evaluation. The generalized vegetation
of vegetative resources, such as a forester, biologist, ecologist, horticulturist,
3. Reasonable additional information. The development services director may
3.9.4.2.2. A site plan which includes:
1. Property dimensions.
2. Location of existing infrastructure and alterations.
3. Location of proposed structures, infrastructure and alterations.
'1. The location and species of all protected vegetation. Large stands of a single
species, such as cypress heads, may be incl. . - • • . -. - - • •- - • - •number--er-ffea:-
5.. Specific identification of all specimen trees.
6. Designation of all protected vegetation proposed for removal.
7. Location and details of protective barricading of the vegetation to be retained.
8. Description of any proposed alteration of mangroves.
TAL#532626.1 161
3.9.4.2.3. An executed statement which includes:
2. Name, address, and phone of authorized agent and on site representative.
3. Proof of ownership.
4. Legal description.
p
owner
3`ri 24. Vegetation relocation plan.
3.9.4. VEGETATION PRESERVATION STANDARDS. All development not
specifically exempted by this ordinance shall incorporate, at a minimum, the
preservation standards contained within this section.
3.9.4.1. GENERAL STANDARDS AND CRITERIA.
A. The preservation of native vegetation shall include canopy, under-story and
ground cover emphasizing the largest contiguous area possible, except as
otherwise provided in Section 3.9.7.1.E.
B. 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 Section
3.9.7. Single family residences are exempt from the requirements of Section
3.9.7.
C. 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 Sections 3.9.5.3.A and 3.9.6.3.C:
1. Onsite wetlands having an assessed functionality of 0.65 or greater;
2. Areas known to be utilized by listed species or that serve as corridors for the
movement of wildlife;
3. Any upland habitat that serves as a buffer to a wetland area,
TAL#532626.1 162
n 4. Listed plant and animal species habitats,
5. Xeric Scrub,
7. Dune and Strand, Hardwood Hammocks,
8. Dry Prairie,Pine Flatwoods, and
9. All other upland habitats.
10. Existing native vegetation located contiguous to a natural reservation.
D. Preservation areas shall be interconnected within the site and to adjoining off-site
preservation areas or wildlife corridors.
E. To the greatest extent possible, native vegetation, in quantities and types set forth
in Division 2.4, shall be incorporated into landscape designs in order to promote
the preservation of native plant communities and to encourage water conservation.
3.9.4.2 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 occurs within the
ACSC where the ACSC standards referenced in the Future Land Use Element shall
`., apply. This Section shall not apply to single-family dwelling units situated on
individual lots or parcels.
TAL#532626.1 163
A. REQUIRED PRESERVATION.
Development Type Coastal High Hazard Area Non-Coastal High Hazard Area
Less than 2.5 acres 10% Less than 5 acres 10%
Residential and Mixed Equal to or greater Equal to or greater than 5 acres
Use Development than 2.5 acres 25% and less than 20 acres. 15%
Equal to or
greater than 20 acres 25%
Golf Course 35% 35%
Commercial and
Industrial Less than 5 acres. 10% Less than 5 acres. 10%
Development and all
other non-specified
development types Equal to or greater Equal to or
than 5 acres. 15% greater than 5 acres. 15%
Industrial
Development(Rural- 50%, not to exceed 25% of the 50%,not to exceed 25% of the
Industrial District only) project site. project site.
B. EXCEPTIONS. An exception from the vegetation retention standards above
shall be granted in the following circumstances:
1. where the parcel was legally cleared of native vegetation prior to January 1989;
2. where the parcel cannot reasonably accommodate both the application of the
native vegetation retention standards and the proposed uses allowed under
this Code, subject to the criteria set forth in Section 3.9.7.1.E.
TAL#532626.1 164
3.9.4.3 SPECIFIC STANDARDS FOR THE RFMU DISTRICT. For Lands within
the RFMU District, native vegetation shall be preserved through the application of
the following preservation and vegetation retention standards and criteria, in addition
to the generally applicable standards and criteria set forth in Section 3.9.4.1 above:
A. RFMU RECEIVING LANDS OUTSIDE THE NBMO.
1. A minimum of 40% of the native vegetation present,not to exceed 25% of the
total site area shall be preserved.
a. Off-site preservation shall be allowed at a ratio of 1:1 if such off-site
preservation is located within RFMU Sending Lands.
b. Off-site preservation be allowed at a ratio of 1.5:1 if such off-site
preservation is located outside of Sending Lands.
c. Like for like preservation shall be required for Tropical Hardwood and
Oak Hammock vegetative communities.
2. Where schools and other public facilities are co-located on a site, the native
vegetation retention requirement shall be 30% of the native vegetation
present,not to exceed 25% of the site.
B. NEUTRAL LANDS.
1. In Neutral Lands, a minimum of 60% of the native vegetation present, not to
exceed 45% of the total site area shall be preserved.
2. Exceptions.
a. In those Neutral Lands located in Section 24, Township 49 South, Range
26 East, in the NBMO, native vegetation shall be preserved as set forth in
Section 2.2.31.5.B.
b. Where schools and other public facilities are co-located on a site, the
native vegetation retention requirement shall be 30% of the native
vegetation present, not to exceed 25%of the site.
C. RFMU SENDING LANDS.
1. In RFMU Sending Lands that are not within a NRPA, 80% of the native
vegetation present on site shall be preserved, or as otherwise permitted under
the Density Blending provisions of Section 2.6.40. Off-site preservation shall
be allowed in satisfaction of up to 25% of the site preservation or vegetative
retention requirement, at a ratio of 3:1, if such off-site preservation is located
within or contiguous to Sending Lands.
2. In RFMU Sending Lands that are within a NRPA, 90% of the native vegetation
present shall be preserved or such other amount as may be permitted under the
Density Blending provisions of Section 2.6.40. Off-site preservation shall not
be credited toward satisfaction of any of the vegetative retention requirement
applicable in such NRPAs.
TAL#532626.1 165
D. GENERAL EXCEPTIONS.
1. Non-conforming, Pre-existing Parcels. In order to ensure reasonable use and
to protect the private property rights of owners of smaller parcels of land
within the RFMU District, including nonconforming lots of record which
existed on or before June 22, 1999, for lots,parcels or fractional units of land
or water equal to or less than five (5) acres in size, native vegetation clearing
shall be allowed, at 20% or 25,000 square feet of the lot or parcel or fractional
unit, whichever is greater, exclusive of any clearing necessary to provide for a
15-foot wide access drive up to 660 feet in length. For lots and parcels
greater than 5 acres but less than 10 acres, up to 20% of the parcel may be
cleared. This allowance shall not be considered a maximum clearing
allowance where other provisions of this Plan allow for greater clearing
amounts. These clearing limitations shall not prohibit the clearing of brush or
under-story vegetation within 200 feet of structures in order to minimize
wildfire fuel sources.
2. Specific County-owned Land. On County-owned land located in Section 25,
Township 26 E, Range 49 S (+/-360 acres),the native vegetation retention
and site preservation requirements may be reduced to 50% if the permitted
uses are restricted to the portions of the property that are contiguous to the
existing land fill operations: exotic removal will be required on the entire +/-
360 acres.
3. Discretionary Exception for Essential Public Services. The community
development and environmental services administrator, or his/her designee,
may grant written exemptions to the above preservation requirements on
agriculturally zoned property for essential public services (as defined in
section 2.6.9), where it can be demonstrated that the preservation
requirements and the Essential Public Services cannot both be reasonably
accommodated on the site and it is in the best interest of the general public to
allow a reduction in all or part from the requirements for preservation of
existing native vegetation.
3.9.4.4 SPECIFIC STANDARDS FOR RLSA DISTRICT. For lands within the
FLSA District, native vegetation shall be preserved pursuant to the RLSA District
Regulations set forth in Section 2.2.27 of this Code.
3.9.4.5 DENSITY BONUS INCENTIVES.Density Bonus Incentives shall be granted
to encourage preservation.
A. OUTSIDE RURAL VILLAGES. In RFMU Receiving Lands not designated as
a Rural Village, a density bonus of 0.1 dwelling unit per acre shall be granted for
each acre of native vegetation preserved on-site that exceeds the requirements set
forth in Section 3.9.4.3, once a density of 1 unit per acre is achieved through the
use of TDR Credits.
B. INSIDE RURAL VILLAGES. In RFMU Receiving Lands designated as a
,.� Rural Village, a density bonus of 0.3 dwelling units per acre shall be granted for
each acre of native vegetation preserved on-site that exceeds the requirements set
TAL#532626.1 166
forth in Section 3.9.4.3, once a density of 2 units per acre is achieved through the
use of TDR and Bonus Credits.
3.9.5 WETLAND PRESERVATION AND CONSERVATION.
3.9.5.1 PURPOSE. The following standards are intended to protect and conserve Collier
County's valuable wetlands and their natural functions, including marine wetlands.
These standards apply to all of Collier County, except for lands within the RLSA
District. RLSA District lands are regulated in Section 2.2.27. Wetlands shall be
protected as follows, with total site preservation not to exceed those amounts of
vegetation retention set forth in Section 3.9.4.3,unless otherwise required.
3.9.5.2. URBAN LANDS.In the case of wetlands located within the Urban designated
areas of the County, the County will rely on the jurisdictional determinations made
by the applicable state or federal agency in accordance with the following provisions:
A. Where permits issued by such jurisdictional agencies allow for impacts to
wetlands within this designated area and require mitigation for such impacts,this
shall be deemed to meet the objective of protection and conservation of wetlands
and the natural functions of wetlands within this area.
B. The County shall require the appropriate jurisdictional permit prior to the issuance
of a final local development\order permitting site improvements, except in the
case of any single-family residence that is not part of an approved development or
platted subdivision.
C.` Within the Immokalee Urban Designated Area, there exists high quality wetland
system connected to the Lake Trafford/Camp Keais system. These wetlands
require greater protection measures and therefore the wetland protection standards
set forth in 3.9.4.3. below shall apply in this area.
3.9.5.3. RFMU DISTRICT. Direct impacts of development within wetlands shall be
limited by directing such impacts away from high quality wetlands. This shall be
accomplished by adherence to the vegetation retention requirements of Section
3.9.4.3 above and the following:
A.STANDARDS.
1. In order to assess the values and functions of wetlands at the time of project
review, applicants shall rate the functionality of wetlands using the Unified
Wetland Mitigation Assessment Method set forth in F.A.C. 62-345. For
projects that have already been issued an Environmental Resource Permit by
the state, the County will accept wetlands functionality assessments that are
based upon the South Florida Water Management District's Wetland Rapid
Assessment Procedures (WRAP), as described in Technical Publication Reg
001 (September 1997, as update August 1999). The applicant shall submit to
County staff these respective assessments and the scores accepted by either
the South Florida Water Management District or Florida Department of
Environmental Protection.
,.-N 2. Wetlands documented as being utilized by listed species or serving as
corridors for the movement of wildlife shall be preserved on site,regardless of
TAL#532626.1 167
•
,-� whether the preservation of these wetlands exceeds the acreage required in
Section 3.9.4.2.
3. Existing wetland flowways through the project shall be maintained,regardless
of whether the preservation of these flowways exceeds the acreage required in
Section 3.9.4.3.
4. Drawdowns or diversion of the ground water table shall not adversely change
the hydroperiod of preserved wetlands on or offsite., Detention and control
elevations shall be set to protect surrounding wetlands and be consistent with
surrounding land and project control elevations and water tables. In order to
meet these requirements, projects shall be designed in accordance with
Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January 2001.
5. Single family residences shall follow the requirements contained within
Section 3.9.5.4.B.
6. Preserved wetlands shall be buffered from other land uses as follows:
a. A minimum 50-foot vegetated upland buffer adjacent to a natural water
body.
b. For other wetlands a minimum 25-foot vegetated upland buffer adjacent
to the wetland.
c. A structural buffer may be used in conjunction with a vegetative buffer
that would reduce the vegetative buffer width by 50%. A structural buffer
shall be required adjacent to wetlands where direct impacts are allowed.
A structural buffer may consist of a stem-wall, berm, or vegetative hedge
with suitable fencing.
d. The buffer shall be measured landward from the approved jurisdictional
line.
e. The buffer zone shall consist of preserved native vegetation. Where
native vegetation does not exist, native vegetation compatible with the
existing soils and expected hydrologic conditions shall be planted.
f. The buffer shall be maintained free of Category I invasive exotic plants,
as defined by the Florida Exotic Pest Plant Council.
g. The following land uses are considered to be compatible with`wetland
functions and are allowed within the buffer:
(1)Passive recreational areas,boardwalks and recreational shelters;
(2)Pervious nature trails;
(3)Water management structures.,
(4)Mitigation areas;
(5)Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses.
TAL#532626.1 168
.-� B. MITIGATION. Mitigation shall be required for direct impacts to wetlands in
order to result in no net loss of wetland functions, in adherence with the following
requirements and conditions:
1. Mitigation Requirements:
a. Loss of storage or conveyance volume resulting from direct impacts to
wetlands shall be compensated for by providing an equal amount of
storage or conveyance capacity on site and within or adjacent to the
impacted wetland.
b. Prior to issuance of any final development order that authorizes site
alteration, the applicant shall demonstrate compliance with a and b
above. If agency permits have not provided mitigation consistent with
this Section, Collier County will require mitigation exceeding that of
the jurisdictional agencies.
c. Mitigation requirements for single-family lots shall be determined by
the State and Federal agencies during their permitting process,
pursuant to the requirements of Section 3.9.5.4.
2. Mitigation Incentives: A density bonus of 10% of the maximum allowable
residential density, a 20% reduction in the required open space acreage, a
10% reduction in the required native vegetation, or a 50% reduction in
required littoral zone requirements may be granted for projects that do any of
the following:
a. Increase wetland habitat through recreation or restoration of wetland
functions, of the same type found on-site, on an amount of off-site acres
within the Rural Fringe Mixed Use District Sending Lands, equal to, or
greater than 50% of the on-site native vegetation preservation acreage
required, or 20% of the overall project size, whichever is greater; or,
b. Create, enhance or restore wading bird habitat to be located near wood
stork, and/or other wading bird colonies, in an amount that is equal to, or
greater than 50% of the on-site native vegetation preservation acreage
required, or 20% of the overall project size, whichever is greater; or
c. Create, enhance or restore habitat for other listed species, in a location and
amount mutually agreeable to the applicant and Collier County after
consultation with the applicable jurisdictional agencies.
3. EIS Provisions. When mitigation is proposed, the EIS shall demonstrate that
there is no net loss in wetland functions as prescribed above.
4. Exotic Vegetation Removal. Exotic vegetation removal shall not constitute
mitigation.
3.9.5.4. ESTATES, RURAL-SETTLEMENT AREAS, AND ACSC. In the case of
lands located within Estates Designated Area, the Rural Settlement Area, and the
ACSC, the County shall rely on the wetland jurisdictional determinations and permit
requirements issued by the applicable jurisdictional agency, in accordance with the
following:
TAL#532626.1 169
A. For single-family residences within Southern Golden Gate Estates or within the
Big Cypress Area of Critical State Concern,the County shall require the
appropriate federal and state wetland-related permits before Collier County issues
a building permit.
B. Outside of Southern Golden Gate Estates and the Area of Critical State Concern,
Collier County shall inform applicants for individual single-family building
permits that federal and state wetland permits may be required prior to
construction. The County shall also notify the applicable federal and state
agencies of single family building permits applications in these areas.
3.9.5.5. RLSA DISTRICT. Within the RLSA District, wetlands shall be preserved
pursuant to Section 2.2.27.
3.9.5.6 SUBMERGED MARINE HABITATS. The County shall protect and conserve
submerged marine habitats as provided in Section 2.6.21.2.7.
3.9.6 NATURAL RESERVATION PROTECTION AND CONSERVATION.
3.9.6.1 PURPOSE AND APPLICABILITY.
A. The purpose of this Section is to protect natural reservations from the impact of
surrounding development. For the purpose of this section, natural reservations
shall include only NRPAs and designated Conservation Lands on the Future Land
Use Map.
B. For the purposes of this Section, development shall include all projects single-
family dwelling units situated on individual lots orparcels.
3.9.6.2. REVIEW PROCESS. All requests for development contiguous to natural
reservations shall be reviewed as part of the County's development review process.
3.9.6.3. RFMU DISTRICT REQUIREMENTS. The following criteria shall apply
within the RFMU District only.
A. OPEN SPACE. Open space shall be required to provide a buffer between the
project and the natural reservation.
1. Open space allowed between the project's non-open space uses and the
boundary of the natural reservation may include natural preserves,natural or
man-made lakes,golf courses, recreational areas, required yard set-back areas,
and other natural or man-made open space requirements.
2. The following open space uses are considered acceptable uses contiguous to
the natural reservation boundary:
a. preservation areas;
b. golf course roughs maintained in a natural state.,
c. stormwater management areas;
d. pervious nature trails and hiking trails limited to use by nonmotorized
vehicles.
TAL#532626.1 170
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B. OPEN SPACES AS BUFFERS.
1. The uses in paragraph A.2 above are encouraged to be located as to provide a
buffer between the natural reservation and more intensive open space uses,
including playgrounds, tennis courts, golf courses (excluding roughs
maintained in a natural state), and other recreational uses and yards for
individual lots or parcels, or open space uses that are impervious in nature.
These more intensive open space uses may not be located closer than 300 feet
to the boundary of the natural reservation.
2. In addition, where woodstork (Mycteria americana) rookeries, bald eagle
(Haliaeetus leucocephalus) nests, and wading bird roosts are found in the
adjacent natural reservation, the open space uses identified in sub-sections
B.2.a. through c are considered acceptable for placement within a buffer as
specified below:
a. Woodstork (Mycteria americana) rookeries, bald eagle (Haliaeetus
leucocephalus)nests— 1,500 feet;
b. Wading bird roost-300 feet;
c. These buffer distances shall only apply to the identified entity within the
natural reservations.
3. These requirements shall be modified on a case by case basis, if such
modifications are based upon the review and recommendations from the
USFWS and the FFWCC. Any such changes shall be deemed consistent with
the Growth Management Plan.
C. CONTIGUOUS NATIVE VEGETATION. Existing native vegetation that is
located contiguous to the natural reservation shall be preserved as part of the
preservation requirements specified in Section 3.9.4.
D. WILDLIFE CORRIDORS. Where wildlife corridors exist for listed species,
provision shall be made to accommodate the movement of the listed species
through the project to the natural reservation. The County shall consider the
recommendations from the USFWS
3.9.7.PRESERVE STANDARDS
3.9.7,1 DESIGN STANDARDS
A. IDENTIFICATION. Native vegetation that is required to be preserved or
mitigated pursuant to 3.9.4 or 3.9.5 shall be set-aside in a Preserve and shall be
identified in the following manner:
1. The Preserve shall be labeled as "Preserve"on all site plans.
2. If the development is a PUD,the Preserve shall be identified on the PUD
Master Plan, if possible. If this is not possible, a minimum of 75% of the
preserves shall be set-aside on the PUD Master Plan with the remaining 25%
identified at the time of the next development order submittal.
TAL#532626.1 171
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"""N 3. The Preserve shall be identified at the time of the first development order
submittal.
B. MINIMUM DIMENSIONS. The minimum width of the preserve shall be:
1. twenty feet, for property less than ten acres.
2. an average of thirty feet in width but not less than twenty feet in width, for
property equal to ten acres and less than twenty acres.
3. an average of fifty feet in width but not less than twenty feet for property of
twenty acres and greater.
C.PROTECTION OF WETLAND HYDROPERIODS. Drawdowns or diversion
of the ground water table shall not adversely change the hydroperiod of preserved
wetlands on or offsite. Detention and control elevations shall be set to protect
surrounding wetlands and be consistent with surrounding land and project control
elevations and water tables. In order to meet these requirements, projects shall be
designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis
of Review, January 2001.
D. PROTECTIVE COVENANTS. Preserve areas shall be identified as separate
tracts or easements,with access to them from a platted right-of-way. No
individual residential or commercial lot, parcel lines, or other easements such as
utility or access easements,may project into the Preserves when platted as a tract.
All required easements or tracts for preserves shall be dedicated to the County
without placing on the County the responsibility for maintenance or to a property
owners' association or similar entity with maintenance responsibilities. The
protective covenants for the tract or easement shall establish the permitted uses for
said easement(s) and/or tracts on the final subdivision plat. A nonexclusive
easement or tract in favor of the County, without any maintenance obligation,
shall be provided for all preserves on the preliminary and final subdivision plats
and all final development order site plans.,The boundaries of all preserve
easements shall be dimensioned on the final subdivision plat.
E. CREATED PRESERVES. Created Preserves shall be allowed for parcels that
cannot reasonably accommodate both the required on-site preserve area and the
proposed activity.
1. Applicability. Criteria for allowing created preserves include:
a. Where site elevations or conditions requires placement of fill thereby
harming or reducing the survivability of the native vegetation in its existing
locations;
b. Where the existing vegetation required by this policy is located where
proposed site improvements are to be located and such improvements
cannot be relocated as to protect the existing native vegetation;
c. Where native preservation requirements cannot be accommodated,the
landscape plan shall re-create a native plant community in all three strata
(ground covers, shrubs and trees),utilizing larger plant materials so as to
TAL#532626.1 172
�-►� more quickly re-create the lost mature vegetation. These areas shall be
identified as created preserves.
d. When a State or Federal permit requires creation of native habitat on site.
The created preserve acreage may fulfill all or part of the native vegetation
requirement when preserves are planted with all three strata; using the
criteria set forth in Created Preserves. This exception may be granted,
regardless of the size of the project.
e. When small isolated areas (of less than l/acre in size) of native vegetation
exist on site. In cases where retention of native vegetation results in small
isolated areas of%acre or less,preserves may be planted with all three
strata; using the criteria set forth in Created Preserves and shall be created
adjacent existing native vegetation areas on site or contiguous to preserves
on adjacent properties.This exception may be granted, regardless of the size
of the project.
f. When an access point to a project cannot be relocated. To comply with
obligatory health and safety mandates such as road alignments required by
the State, preserves may be impacted and created elsewhere on site.
2. Required Planting Criteria:
a. Where created preserves are approved, the landscape plan shall re-create a
native plant community in all three strata (ground cover, shrubs and trees),
.—� utilizing larger plant materials so as to more quickly re-create the lost
mature vegetation. Such re-vegetation shall apply the standards of section
2.4.4. of this Code, and include the following minimum sizes: one gallon
ground cover; seven (7) gallon shrubs; fourteen (14) foot high trees with a
seven foot crown spread and a dbh (diameter at breast height) of three
inches. The spacing of the plants shall be as follows: twenty to thirty foot
on center for trees with a small canopy (less than 30 ft mature spread) and
forty foot on center for trees with a large canopy (greater than 30 ft mature
spread), five foot on center for shrubs and three foot on center for ground
covers. Plant material shall be planted in a manner that mimics a natural
plant community and shall not be maintained as landscaping. Minimum
sizes for plant material may be reduced for scrub and other xeric habitats
where smaller size plants material are better suited for re-establishment of
the native plant community.
b. Approved created preserves may be used to recreate:
(1) not more than one acre of the required preserves if the property has
less than twenty acres of existing native vegetation.
(2) not more than two acres of the required preserves if the property has
equal to or greater than twenty acres and less than eighty acres of
existing native vegetation.
(3) not more than 10% of the required preserves if the property has equal
to or greater than eighty acres of existing native vegetation.
TAL#532626.1 173
c. The minimum dimensions shall apply as set forth in 3.9.71.B.
d. All perimeter landscaping areas that are requested to be approved to fulfill
the native vegetation preserve requirements shall be labeled as preserves
and shall comply with all preserve setbacks
F. ALLOWABLE SUPPLEMENTAL PLANTINGS. Supplemental native
plantings in all three strata may be added to preserve areas where the removal of
non-native and/or nuisance vegetation creates open areas with little or no native
vegetation coverage. Plant material in these restoration areas shall meet the
following minimum size criteria: one gallon ground covers, three gallon shrubs
and six foot high trees. Plant material shall be planted in a manner that mimics a
natural plant community and shall not be maintained as landscaping. Minimum
sizes for plant material may be reduced for scrub and other xeric habitats where
smaller size plants material are better suited for re-establishment of the native
plant community.
G.PRESERVE MANAGEMENT PLANS. The Preserve Management Plan shall
identify actions that must be taken to ensure that the preserved areas will function
as proposed. A Preserve Management Plan shall include the following elements:
1. General Maintenance. Preserves shall be maintained in their natural state and
must be kept free of refuse and debris.
2. Exotic Vegetation Removal,Non-native Vegetation, and Nuisance or Invasive
Plant Control. Exotic 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 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.
3. Designation of a Preserve Manager. A Preserve Manager shall be identified
as the responsible party to ensure that the Preserve Management Plan is being
complied with. The individual's name, address and phone number shall be
listed on the Preserve Management Plan. The same information shall be
provided regarding the developer. Both parties will be responsible until such
time that the homeowners association takes over the management of the
preserve. At that time, the homeowners association shall amend the plan to
provide the homeowner association information and information regarding the
person hired by the association to manage the preserve. The homeowner's
association and the preserve manager shall be responsible for annual
TAL#532626.1 174
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maintenance of the preserve, in perpetuity. - ' - - - _ _ . . -
- - - . ' . . . . . = - - • - , Ate
minimum,the Preserve Manager shall have the same qualifications as are
required for the author of an EIS,as set forth in section 3.8.4.
4. 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 3.11.3. Where site conditions
require prescribed burns, a fire management plan will be developed and
implemented.
5. 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 3.9.8.
H. ALLOWABLE USES WITHIN PRESERVE AREAS. Passive recreational
uses such as pervious nature trails or boardwalks are allowed within the preserve
areas, as long as any clearing required to facilitate these uses does not impact the
minimum required vegetation. For thepurpose of this section,passive
recreational uses are those uses that would allow limited access to the preserve in
a manner that will not cause any negative impacts to the preserve, such as
pervious pathways,benches and educational signs are permitted in the preserve.
Fences may be utilized outside of the preserves to provide protection in the
preserves in accordance with the protected species section 3.11.3.1.C. Fences and
walls are not permitted within the preserve area.
3.9.7.2 INSPECTIONS AND MAINTENANCE.
A. INSPECTIONS SHALL BE REQUIRED FOR ALL PRESERVES.The
preserve areas shall be completed and approved by inspections conducted in
accordance with the following schedule:
1. Prior to preliminary acceptance of the phase of the required subdivision
improvements;
2. Within the associated phase of the final site development plan prior to the
issuance of a certificate of occupancy.
3. As required with golf courses,prior to the issuance of a certificate of
occupancy for the first permitted structure associated with the golf course
facility:
4. Eighty percent vegetative coverage, of the created preserves and
supplemental plantings in preserves, is required within a two-year period
following the initial planting and shall be maintained in perpetuity. Native
plants that recruit on their own within the preserve will be counted towards
this coverage requirement.
TAL#532626.1 175
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B. ANNUAL MAINTENANCE. Annual maintenance shall be required according
to the Preserve Management Plan
3.9.7.3.REQUIRED SETBACKS TO PRESERVES.
A. All principal structures shall have a minimum 25-foot setback from the
boundary of any preserve. Accessory structures and all other site alterations
shall have a minimum 10- foot setback from the boundary of any preserve.
There shall be no site alterations within the first 10 feet adjacent to any preserve
unless it can be demonstrated that it will not adversely impact the integrity of
that preserve. (i.e.. Fill may be approved to be placed within 10 feet of the
upland preserve but may not be approved to be placed within 10 feet of a
wetland preserve,unless it can be demonstrated that it will not negatively
impact that wetland.
B. Additional preserve buffers shall be applied to wetlands pursuant to Section
3.9.5.3.A.6.
3.9.7.4 EXEMPTIONS.
A. Single family residences are subject only to the applicable vegetation retention
standards found in 3.9.4.
B. Applications for development orders authorizing site improvements, such as an
SDP or FSP and, on a case by case basis, a PSP, that are submitted and deemed
sufficient prior to June 19, 2003 are not required to comply with the provisions of
3.9.7, formerly 3.9.5.5.6,which were adopted on or after June 19, 2003.
3.9.x:8. VEGETATION REMOVALf PPROTECTION AND
REMOVAL SSTANDARDS.
3.9.S 8.1.VEGETATION PPROTECTION STANDARDS.
3.9.5.1.A. GENERAL. During construction, all reasonable steps necessary to
prevent the destruction or damaging of vegetation shall be taken, including the
installation of protective barriers.Vegetation destroyed or receiving major
damage must be replaced by vegetation of equal environmental value, as specified
by the development services department, before occupancy or use unless approval
for their removal has been granted under permit.
3.9.8.1.2. B.FILLING AND CONSTRUCTION DEBRIS. During construction,
unless otherwise authorized by the vegetation removal permit,no excess soil,
additional fill, equipment,liquids, or construction debris, shall be placed within
the dripline of any vegetation that is required to be preserved in its present
location.
3.9.8.1.3. C.ATTACHMENTS. Unless otherwise authorized by the vegetation
removal permit, no attachments or wires other than those of a protective or
nondamaging nature shall be attached to any vegetation during construction.
3.9.8.1.4. D.EXCAVATION.Unless otherwise authorized by the vegetation
removal permit, no soil is to be removed from within the dripline of any
vegetation that is to remain in its original location.
TAL#532626.1 176
3.9.8.1.5. E.PROTECTIVE BARRIERS AND SIGNAGE.
1. Installation of protective barriers and signage. All protective barriers shall
be installed and maintained for the period of time beginning with the
commencement of any phase of land clearing or building operations and
ending with the completion of that phase of the construction work on the site,
unless otherwise approved to be removed by the development services
director's field representative. All protective barriers shall be installed
pursuant to the Tree Protection Manual for Builders and Developers, division
of forestry, State of Florida or other methods approved by the development
services director. Signage shall be placed around the preserve areas to
identify and protect the preserve during construction. The boundary of the
Preserve shall be posted with appropriate signage denoting the area as a
Preserve. Sign(s) should note that the posted area is a protected area. The
signs shall be no closer than ten feet from residential property lines;be limited
to a maximum height of four feet and a maximum size of two square feet; and
otherwise comply with Section 2.5.6. Maximum sign spacing shall be 300
feet.
2. Applicant's representative required.The applicant for a vegetation removal
permit shall,at the time of application,designate representative(s):
4-}a..Who shall be responsible for the installation and the maintenance of all
tree protection barriers.
2}b:Who shall be responsible for supervising the removal of all existing
vegetation permitted to be removed or altered.
3 .Protection of all areas of vegetation. Areas to be preserved shall be
protected during land alteration and construction activities by placing a
continuous barrier around the perimeter of the area of vegetation to be
preserved.This barrier shall be highly visible and constructed of wood
stakes set a maximum of ten feet apart, at a height range of two to four
feet, all covered continuously with brightly colored, all-weather mesh
material or equal type barrier method. An equivalent method may be
substituted with the approval of the development services director.
4:d.Protection of individual trees. When the retention of single trees is
required by this Code, a protective barrier,similar to that required in
[section] 3.9.5.1.5.3, shall be placed around the tree at a distance from the
trunk of six feet or beyond the dripline, whichever is greater, or as
otherwise approved by the development services director's field
representative.
3.9.5:8.2. CRITERIA FOR REMOVAL AND/OR REPLACEMENT OF
PROTECTED VEGETATION.
A. STANDARDS. The development services director may approve an application
for vegetation removal permit based on the following criteria: 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
TAL#532626.1 177
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 division. In addition, a vegetation removal permit may be
issued under the following conditions:
3.9.5.2.1. Protected vegetation is a safety hazard to pedestrian or vehicular traffic,
public services, utilities, or to an existing structure.
3.9.5.2.2.Diseased or otherwise unhealthy vegetation as determined by standard
horticultural practices and if required,a site inspection by the development
services director's field representative.
3.9.5.2.3.A final local development order has been issued which requires removal
of the protected vegetation.
3.9.5.2.1. Compliance with other codes and/or ordinances may involve protected
vegetation removal.
3.9.5.2.5 The approval for an application involving vegetation removal activity
. ..- . . •
issuance of an approval in accordance with the criteria set forth in this division.
3.9.5.2.6. 5. ' - . . . . ..
Replacement of nonnative vegetation shall be with native vegetation of
and shall be subject to the approval of the
development services director or his/her designee. In the event that
Y.. - ..-
the minimum mitigation size criteria listed under section 3.9.7.) Replacement
vegetation shall comply with the standards of Section 2.4.4 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 14 calendar days of removal.
3.9.5.2.7. 6. On a parcel of land zoned residential single-family (RSF), village
residential (VR), estates (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.
TAL#532626.1 178
3.9.5.2.8. 7. The proposed mangrove alteration has a Florida department of
environmental protection permit or meets the permitting standards in Florida
Administrative Code 17-321.030, 17-321.050, 17-321.100, 17-321.801, 17-
321.802, or 17-321.803 as may be amended. However,mangrove removal or
trimming shall be prohibited in all preserves or areas used to fulfill the native
vegetation preservation requirements.
3.9.5.2.9. 8. Removal of vegetation for approved mitigation bank sites (as defined
by the Florida Administrative Code); state or federally endorsed
environmental preservation,enhancement or restoration projects; or State of
Florida, division of forestry approved fire breaks shall be permitted.
Vegetation removal permits issued under these criteria are valid for the period
of the time authorized by such agency permits.
B. 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 development services director 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 development services director.
C. 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 Division 2.4.
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.
3.9:x.8_3.MANAGEMENT PLAN AND INSPECTIONS.
A. MANAGEMENT PLAN REQUIRED. For all individual areas of mangrove
trees and areas of preserved plant communities larger than one-half acre in area,
the owner shall submit, for the approval of the development services director, a
narrative management plan indicating the manner in which the owner will
preserve the native plant communities. The narrative shall include:
3.9.5.3.1. Whether or not the existing vegetation is to be preserved in the existing
species composition.
3.9.5.3.2. If applicable, the manner in which the composition of existing plant
material is to be preserved (hand removal of invasive species, prescribed
burning, etc.).
3.9.5.3.3.The maintenance schedule for the removal of invasive species.
3.9.5.3.4. The maintenance schedule for the removal of debris.
TAL#532626.1 179
3.9.8.3.5.Other information that may be required by the development services
director that is reasonable and necessary to determine if the management plan
meets the requirements of this Code.
3.9.5.1. B. ON-SITE INSPECTION. The development services director's field
representative may conduct an on-site inspection to determine if the proposed
vegetation removal meets the criteria in section 3.9.5.2 and conforms to the
presewatien standards set forth in section 3.9.8.5 below.
3.9.5.5. Preservation standards.
3.9.5.5.1. All development not specifically exempted by this ordinance shall
3.9.5.5.2 All new developments shall retain existing native vegetation to the maximum
areas. When protected species are identified on site, priority shall be given to
(see section 3.11.3 for the management of - - - ,
3.9.5.5.4 additional native vegetation shall be retained unless necessary grade
construction footprints necessitate its removal. The need to remove additional
removal review process. When required to be removed, existing viable native trees
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• .. - - -.
the retained native vegetation requirement(see section 3.11.3 for the management of
providing that in such areas of credit, ground cover constitutes no more than 20
of Collier County,this policy shall not be construed to require a larger percentage of
TAL#532626.1 180
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3.9.5.5.4. All other types of new development not referenced in section 3.9.5.5.3
the thresholds set forth in section 3.9.5.5.3; 2) commercial development; and 3)
(see section 3.11.3 for the management of these areas). For new development under
five acres, a minimum of ten percent of the native vegetation on site (by area), shall
• ._
- - - .._ .
. - - - -, •- - , . ._ ., - . - - -.
- _ , - : .' -• . :- preserved. Exceptions,by means of mitigation in the
create a native plant community in all three strata (ground cover, shrubs and trees),
utilizing larger plant materials so as to more quickly rc create the lost mature
i _
3.9.5.5.5.Bona fide agricultural uses shall be exempt from the above preservation
TAL#532626.1 181
- _ - - - N - - - - -
services(as provided for in section 2.6.9) and ccmctcrics, where it can bo
3.9.5.5.6.Native Preserve Criteria
3.9.5.5 shall be set aside in a Preserve. Areas sct aside as preserves shall be
labeled as "Preserve" on all site plans.
a.twenty feet, for property less than ten acres.
and standards set forth in 3.9.5.5. The spacing of the plants shall be as follows:
een
a. Approved created preserves,identified in 3.9.5.5 as mitigated native
to or greater than twenty acres and less than eighty acres of existing native
vegetation.
iii. not more than 10% of the required preserves if the property has equal-to or
neater than eighty acres of existing native vegetation.
TAL#532626.1 182
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using the criteria set forth in Crcatcd Preserves. This exception may be
granted,regardless of the size of the project.
size of the project.
any preserve. There shall be no site alterations within the first 10 feet adjacent to
integrity of that preserve. (i.e.. Fill may be approved to be placed within 10 feet of
the upland preserve but may not be approved to be placed within 10 feet of a
5. Invasive Exotic Vcgctation Removal and Maintenance Plans. Exotic vegetation
from all preserves.The exotics within the first 75 feet of the outer edge of every
visual trace dye applied. 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
a visual tracer dye shall be applied. Exotics within the interior of the preserve
might cause more damage to the native vegetation in the preserve. When
TAL#532626.1 183
effectively control exotics, and shall describe specific techniques to prevent
,
i.e., an SDP or FSP and on a case by case basis 'a.PSP, that are submitted and
deemed sufficient prior to June 16, 2003 are not required to comply with the new
regulations in section 3.9.5.5.6. adopted on June 16, 2003.
3.9.9. REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC
VEGETATION.
3.9.9.1.GENERAL
A.Prohibited exotic vegetation removal and methods of removal shall be conducted
in accordance with the specific provisions of each local development order.
B. Native vegetation shall be protected during the process of removing prohibited
exotic vegetation, in accord with the provisions of Section 3.9.8.1.
C. Prohibited exotic vegetation'shall be removed from the following locations, and
within the following timeframes:
1. From all rights-of-way, common area tracts not proposed for development,
and easements prior to preliminary acceptance of each phase of the
subdivision improvements.
2. From each phase of a site development plan prior to the issuance of the
certificate of occupancy for that phase.
3. From all golf course fairways,roughs, and adjacent open space/natural
preserve areas prior to the issuance of a certificate of occupancy for the first
permitted structure associated with the golf course facility.
4. From property proposing any enlargement of existing interior floor space,
paved parking area, or substantial site improvement prior to the issuance of a
certificate of occupancy.
D. In the case of the discontinuance of use or occupation of land or water or
structure for a period of 90 consecutive days or more,property owners shall,
prior to subsequent use of such land or water or structure, conform to the
regulations specified by this section.
E. Verification of prohibited exotic vegetation removal shall be performed by the
development services director's field representative.
F. Herbicides utilized in the removal of prohibited exotic vegetation shall have been
approved by the U.S. Environmental Protection Agency. 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.
TAL#532626.1 184
3.9.9.2. EXOTIC VEGETATION MAINTENANCE PLAN. A maintenance plan shall
be submitted to the development services director for review on sites which require
prohibited exotic vegetation removal prior to the issuance of the local development
order. This maintenance plan shall describe specific techniques to prevent reinvasion
by prohibited exotic vegetation of the site in perpetuity.This maintenance plan shall
be implemented on a yearly basis at a minimum. Issuance of the local development
order shall be contingent upon approval of the maintenance plan. Noncompliance
with this plan shall constitute violation of this division. The development services
director's field representative shall inspect sites periodically after issuance of the
certificate of occupancy, or other final acceptance, for compliance with this division.
3.9.9.3.APPLICABILITY TO NEW STRUCTURES AND TO ADDITIONS ON
SINGLE-FAMILY AND TWO-FAMILY LOTS. In addition to the other
requirements of this Division, the applicant shall be required to remove all
prohibited exotic vegetation before a certificate of occupancy is granted on any new
principal or accessory structure and any additions to the square footage of the
principal or accessory structures on single-family or two-family lots. The removal of
prohibited exotic vegetation shall be required in perpetuity. Upon issuance of a
vegetation removal permit,prohibited exotic vegetation may be removed from lots
which are zoned residential single-family(RSF), estates (E), village residential (VR),
and mobile home(MH),prior to issuance ofa building permit.
3.9.10 REOUIRED PERMITS AND NOTICES
3.9.10.1.VEGETATION REMOVAL PERMIT
A. OTHER PERMITS REQUIRED.No vegetation removal permit or final
development order authorizing site clearing or site improvements shall be issued
by the development services director until all applicable federal and state, and
County approvals as designated by the development services director have been
obtained. These approvals may include,but are not limited to:
1. Building permits. (Except in accordance with section 3.2.8.3.6. of this Code.)
2. Special treatment(ST) development permits.
3. U.S. Army Corps of Engineers permits or exemptions.
4. Florida Department of Environmental Protection permits or exemptions.
5. U.S. Fish and Wildlife Service permits or exemptions.
6. Florida Fish and Wildlife Conservation Commission permits or exemptions.
7. South Florida Water Management District permits or exemptions.
8. Other applicable agency reviews or permits or exemptions.
9. Other county approvals.
B. APPLICATION CONTENTS.Application for a vegetation removal permit shall
be submitted to the development services director in writing on a form provided
by the development services department. The application shall include the
following information:
TAL#532626.1 185
1. A generalized vegetation inventory which includes:
a. `Generalized vegetation inventory superimposed on a current aerial. A
generalized vegetation inventory shall show the approximate location and
extent of vegetation on the site. The inventory shall be based upon the
most current available information. The inventory shall be in the form of
an aerial or a field survey, and may be accompanied by photographs or
videotapes illustrating typical areas of vegetation referenced to positions
on the aerial or survey,but shall clearly indicate habitat types and
protected vegetation, and may be accompanied by photographs or
videotapes illustrating typical areas of vegetation referenced to positions
on the aerial or survey. The generalized vegetation inventory shall be
prepared in some manner which clearly illustrates the relationships
between the areas of vegetation and the proposed site improvements.
b. 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. 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,horticulturists
landscape architect, or certified nurseryman.
c. Reasonable additional information. The development services director
may require that the application include such additional information which
is reasonable and necessary for adequate administration of this division.
2. A site plan which includes:
a. Property dimensions.
b. Location of existing infrastructure and alterations.
c. Location of proposed structures, infrastructure and alterations.
d. The location and species of all protected vegetation. Large stands of a
single species, such as cypress heads, may be indicated as a group with an
approximate number or area.
e. Designation of all protected vegetation proposed for removal.
f. Location and details of protective barricading of the vegetation to be
retained.
g. Description of any proposed alteration of mangroves.
h. Description of any proposed maintenance trimming of mangroves.
3. ` An executed statement which includes:
a. Name, address, and phone of property owner.
TAL#532626.1 186
b. Name, address, and phone of authorized agent and on-site representative.
c. Proof of ownership.
d. Legal description.
e. Reason for proposed removal.
f. Method to distinguish vegetation to be removed from vegetation to be
preserved and method of removal. It should be noted that the root system
of the vegetation shall also be protected.
g. Signature of property owner or copy of a specific contract signed by
property owner.
3.9.6. C. REVIEW PROCEDURES.
3.9.610.1.Issuance of permit.Based on the information contained in the
application and obtained from the on-site inspection, the development
services director, •. : . - _ . . . -
director may approve or deny an application. An approved vegetation removal
permit is valid for a period not to exceed 180 days except for mangrove
alteration. Mangrove alteration permits shall be valid for a period of five years
from date of issuance, or date of issuance by the Florida 4Department of
eEnvironmental pProtection.`An extension requested prior`.to expiration of the
original permit may be granted for good cause shown upon written application
to the development services director :.•- - -
:. - - . ._- : - - -- The development services director alder
- - - . - • - may attach
conditions to the permit relative to the methods of designating and protecting
vegetation not proposed for removal. A violation of these conditions shall
constitute cause to void the vegetation removal permit.
3.9.10.2.Denial of permit. In the event an application is denied by the
development services director, the reason(s) shall be noted on the application
and returned promptly.
3.9.10.3.Permit fees. All vegetation removal and agricultural clearing permit
applications requiring review and approval shall be charged a review fee
V- - -
- -, . --. . - - -- - . - .., - - .. - . . .
- - - - - -- _-.. Y-- -- - - - - - - - - - .. : as
established by resolution of the bBoard of eCounty eCommissioners
3.9� 4.D.VEGETATION REMOVAL PERMIT EXCEPTIONS
-_- . - -- ' • - - . - - --
(1) Australian pine (Casuarina spp.).
TAL#532626.1 187
•
(2) Melaleuca (Melaleuca spp.).
(3) Brazilian pcpper(Schinus terebinthifolius).
(1) Earlcf acacia(Acacia auriculiformis).
(5) Catclaw mimosa(Mimosa pigra).
(6) Java plum(Syzygium cumin).
(8) Women's tongue(Albizia lebbeck).
(9) Climbing fern (Lygodium spp.).
(10) Air potato(Dioscorea bulbifera).
(11) Lather leaf(Colubrina asiatica).
3.9.10.4.2. 1. Except for lots on undeveloped coastal barrier islands, and any
project proposing to alter mangrove trees, a vegetation removal permit for
clearing one acre or less of land is not required for the removal of protected
vegetation,other than a specimen tree on a parcel of land zoned residential,
single-family(RSF), village residential (VR), agriculture (A) or estates (E), or
other nonagricultural, non-sending lands,non-NRPA,noncommercial zoning
districts in which single-family lots have been subdivided for single-family
use only,where the following conditions have been met:
(I) a. A building permit has been issued for the permitted principal structure
(the building permit serves as the clearing permit), or
(2) b. The permitted principal structure has been constructed, and the property
owner or authorized agent is conducting the removal, and the total area
that will be cleared on site does not exceed one acre.
- - -- - - - - --- - -- --- - - -- -- - -- - --- -
conditions h a be et:
3.9.10.1.1. 2. A vegetation removal permit is not required for the removal of
protected vegetation other than a specimen tree, when a site plan and
vegetation protection plans have been reviewed and approved by the
development services director as part of the final development order.
3.9.10.4.5. 3. A vegetation removal permit is not required for the removal of
protected vegetation ether-than-a-specimen4ree from the property of a Florida
licensed tree farm/nursery,where such vegetation is intended for sale in the
ordinary course of the licensee's business and was planted for the described
purpose.
TAL#532626.1 188
3.9.1074.6.I..A vegetation removal permit is not required for the removal of
protected vegetation other than a specimen tree by a Florida licensed land
surveyor in the performance of his/her duties,provided such removal is for
individual trees within a swateh swath that is less than three feet in width.
3.9.10.4.8. The Collier County planning commission may grant a variance to the
m
3.9.10.4.9.5. A vegetation removal permit is not required for the removal of
protected vegetation prior to building permit issuance if the conditions set
forth in section 3.2.8.3.6 have been met.
6. A vegetation removal permit is not required for the hand removal of \,
Prohibited Exotic Vegetation. Mechanical clearing of Prohibited Exotic
Vegetation shall require a vegetation removal permit. Mechanical clearing is
defined as clearing that would impact or disturb the soil or sub-soil layers or
disturb the root systems of plants below the ground.
3.9. 10.2 AGRICULTURAL LAND CLEARING.
A. LAND CLEARING PERMIT. A permit for clearing of agriculturally zoned
land for benae agricultural uses that do not fall within the scope of sections
163.3162 (4) or 823.14(6),Florida Statues,as defined by this code, shall be
required for all agricultural operations except as exempted by section 3.9.6.5.6 of
+,. -Code 6 below..
3.9.6.5.1.Application.An application for an agricultural clearing permit shall be
submitted in the form established by the development services director.
Silviculture operations, as defined by this Code, shall require a management
plan prepared by a forester or a resource manager(e.g. division of forestry,
private or industrial) as part of the application. An application fee in an
amount to be determined by the board of county commissioners shall
accompany and be a part of the application. The following conditions, as
applicable, shall be addressed as part of and attachments to the agricultural
land clearing application:
( )-a. If an ST or ACSC-ST overlay is attached to the zoning of the property,
an ST development permit has been issued by the development services
director. The ST or ACSC-ST permit review shall be in accordance with
Collier County Land Development Code division 2.2, section 2.2.24 and
TAL#532626.1 189
may be simultaneously reviewed with the agricultural clearing permit
application.
(2) b. The application,including generalized vegetation inventory and
clearing plan as outlined in sections 3.9.1.2.1, 3.9.1.2.2 and 3.9.4.2.3,
3.9.10.1.B.1 and site visit(if required) confirm that the proposed use is
consistent with the requirement of the zoning district as a bona fide
agricultural use and the applicant has been informed of the rezoning
restriction which granting the permit shall place on his property.
( ) c. The applicant has obtained and produced a copy of the South Florida
Water Management District(SFWMD)consumptive water use permit or
exemption,if required by SFWMD.
(4) d.The applicant has obtained and produced a copy of the South Florida
Water Management District surface water management permit or
exemption,if required by SFWMD.
(3) e. The applicant has obtained and produced a copy of the United States
Army Corps of Engineers (ACOE)permit or exemption, if required by
the ACOE.
(6) f. The applicant has submitted data relating to wetland impacts and
protected wildlife species habitat subject to Collier County growth
management plan, conservation and coastal management element policies
6.2.9, 6.2.10 and objective 7.3 and associated policies and Collier County
Land Development Code division 3.11. This data will be required only
when the county's on-site inspection indicates that there are potential or
actual impacts to wetlands and to protected federally and state listed
wildlife habitat.
( ) g_The property owner, or authorized agent,has filed an executed
agreement with the development services director, stating that within two
years from the date on which the agricultural clearing permit is approved
by the development services director,the owner/agent will put the
property into a bona fide agricultural use and pursue such activity in a
manner conducive to the successful harvesting of its expected crops or
products. The owner/agent may elect to allow the subject property to lie
fallow after completing the bona fide agricultural use, for the remainder
of the ten-year period required by section 3.9.6.5(8)h below. If the
clearing is expected to occur over a period greater than two years, this.
will be stated on the application and may be addressed as a condition on
the agricultural clearing permit if determined by staff to be appropriate.
(8) h. The property owner, or authorized agent, has filed an executed
agreement with the development services director stating that the
owner/agent is aware that the Collier County bBoard of eCounty
eCommissioners will not rezone the property described in the agricultural
clearing permit for a period of ten years from the date of approval of the
agricultural clearing permit by the development services director,unless
TAL#532626.1 190
for any such conversions in less than ten years,the converted land shall
be restored with native vegetation to the degree required by this Code.
3.9.11.2.Determination of completeness.
a. After receipt of an application for an agricultural clearing permit,the
development services director or his designee shall determine whether the
application submitted is complete.All applicable conditions specified in
section 3.9.64.1 above must be addressed in order to obtain a
determination of completeness. If the application is not complete,the
development services director or his designee shall notify the applicant in
writing of the deficiencies. No further steps to process the application shall
be taken until all of the deficiencies in the application have been met. In
addition,A determination of completeness or a modified determination of
completeness may be made in accordance with the following:
b. Where the applicant submits.,as part of the application for an agricultural
clearing permit,a copy of the completed application for a SFWMD
consumptive use permit or exemption,for a SFWMD surface water
management permit or exemption, or fef an ACOE permit or exemption,
as-applieable, a modified determination of completeness may be issued
providing that said permits or exemptions are not necessary for further
eCounty review and providing that all other deficiencies in the application
have been addressed.
-
3.9.6.5.3. Criteria for review of application.Review of the application for an
agricultural clearing permit shall commence upon e-of the
determination of completeness or modified determination of completeness
•
' .-• •• •
• • • .... - • . --- - .. ifRpaet•SWher-e-sueh
. . - - . - . . . . -- . . . ... The following criteria shall be utilized
bystaff in reviewing an application for issuance of an agricultural clearing
permit:
27a.An on-site inspection has been made by staff, if indicated.
3_:b.Environmental impacts,including wetlands and protected wildlife species
habitat(s) shall have been addressed in accordance with the requirements
of the Collier County growth management plan and the Land Development
Code, as may be amended from time to time.
TAL#532626.1 191
c. Additional data and or information required by the eCounty to address
environmental impacts shall be submitted by the applicant up
3.9.6.5.4. Issuance of permit.After an application for an agricultural clearing
permit has been reviewed in accordance with section 3.9.6.5. 3 above, the
development services director or his designee shall grant the permit, grant
with conditions or deny the permit, in writing_ within ten b sieas days of
permits or exemptions from the SFWMD or ACOE. Where the agricultural
clearing permit is denied,the letter shall state the reason(s) for said denial.
3.9.6.5.5.Renewal of agricultural clearing permit. An approved agricultural
clearing permit is valid for five years and may be automatically renewed for
five-year periods providing that a notification in writing is forwarded to the
development services director at least 30 but no more than 180 days prior to
the expiration of the existing permit and providing that the property has been
actively engaged in a bona fide agricultural activity i~ accordance way.. the
requirements of section 3.9.6.58.1 of this Code. Such notification shall state
that the applicant is in compliance with any and all conditions and/or
stipulations of the permit. A violation of permit conditions shall [be] cause to
void the agricultural clearing permit. Applicants failing to provide notification
as specified herein shall be required to submit a new application for an
agricultural clearing permit.
3.9.6.5.6. Exemptions for agricultural clearing permit.
.1. An agricultural clearing permit is not required for operations having
obtained a permit under Ordinance No. 76-42 and which can demonstrate
that an approved bona fide agricultural activity was in existence within
two years of the permit issuance date, or for operations which can
demonstrate that a bona fide agricultural activity was in existence before
the effective date of Ordinance No. 76-42. Such demonstrations for
exemptions may include agricultural classification records from the
property appraiser's office; dated aerial photographs; occupational license
for agricultural operation; or other information which positively
establishes the commencement date and the particular location of the
agricultural operation.
b. Upon issuance of an agricultural clearing [permit] or as exempted above,
activities necessary for the ongoing bona fide agricultural use and
TAL#532626.1 192
maintenance shall be exempted from obtaining additional agricultural
clearing permits for that parcel providing that the intent,use and scope of
said activities remain in accordance with the ongoing agricultural clearing
permit or exemption.Ongoing bona fide agricultural activities that qualify
for this exemption as described in this section may include but are not
limited to clearing for,around or in dikes,ditches, canals,reservoirs,
swales,pump stations, or pens;removal of new growth,such as shrubs or
trees, from areas previously permitted or exempted from this section; fire
line maintenance; approved wildlife food plots;or other activities similar
in nature to the foregoing. Fences,buildings and structures requiring a
building permit shall be exempt from an agricultural clearing permit but
must obtain a vegetation removal permit.
c. No agricultural clearing permit shall be required for protected vegetation
that is dead,dying or damaged beyond saving due to natural causes also
known as acts of God ming provided that:
1 The development services director is notified in writing within two
business days prior to such removal and the county makes no objection
within said two business days;
b The tree is not a specimen tree;
€7(3) The vegetation is not within an area required to be preserved as a
result of a required preservation,mitigation or restoration program;
The parcel is currently engaged in bona fide agriculture, as defined
by this Code.
e{ No agricultural clearing permit shall be required for the removal of
any vegetation planted by a farmer or rancher which was not planted
as a result of a zoning regulation or a required mitigation or restoration
program.
B. LAND CLEARING NOTICE. No later than 60 days prior vegetation removal
as part of agricultural operations that fall within the scope of sections 163.3162(4)
or 823.14(6), Florida Statutes, the property owner shall provide notice to the
environmental services director that the removal will occur. Said notice shall
include the following information:
1. a legal description of the land cleared, or such other description as is
sufficient to document the specific location of the cleared land;
2. the date on which land clearing will begin;
3. the date on which land clearing is expected to be completed;
4. a vegetation inventory identifying the acreage of existing native vegetation on
site prior to any site clearing; and
5 a signed agreement acknowledging the 25-year prohibition on the creation of
TDR Credits from land cleared for agricultural operations after June 19, 2002,
as set forth in Section 2.6.39.3.D.2; and
TAL#532626.1 193
6. if the land is outside the RLSA, a signed agreement acknowledging that, if the
land being cleared for agricultural operations is converted to a non-
agricultural uses within 25 years after the clearing occurs,the property shall
become subject to the requirements of Sections 3.9.4 through 3.9.6, as
provided in Section 3.9.3.1.C.
3.9.6.6. Requirement for removal of prohibited exotic vegetation.
3.9.6.6.3. Prohibited exotic vegetation shall be removed:
(1,) From all rights of way, common area tracts not proposed for
•
course facility;
(5J In the case of the discontinuance of use or occupation of land or
section
3.9.6.6.4. Verification of prohibited exotic vegetation removal shall be performed by
3.9.6.6.4.1. Herbicides utilized in the removal of prohibited exotic vegetation shall
3.9.6.6.4.2. hen prohibited exotic vegetation is removed,but the base of the vegetation
3.9.6.6.5. A maintenance plan shall be submitted to the development services
TAL#532626.1 194
•
.. . ,
3.9.6.6.6. In addition to thc other requirements of this division, thc applicant shall be
3.9.6.7. Designation of specimen tree.
- - - - - , - - S ... . . .. -
-- ..
, - - - _- -- -
•
•
•
- - .. . Y.- . . - ., .- . . . -
the clerk of thc circuit court: All rccor:' _ -- •• - - -
3.9.11.ENFORCEMENT
3.9.6-811.1. PENALTYIES.
A. FINES.
1. The failure of a property owner or any other person to obtain an approved
permit as required in section 3.9.6.4.3 this Division 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.
2. 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 3.9.10.2, to put the subject premises into a bona fide
agricultural use us required in section 3.9.6.5.1(7)shall constitute a
misdemeanor - •- _ ' . . .. .. - _. .
development services director 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
TAL#532626.1 195
punished by a fine notto 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.
•
•
. .. , -- - -
this Code.
4 B. RESTORATION STANDARDS.If an alleged violation of this Code has
occurred and upon agreement between the development services director and the
violator, or if they cannot agree,then,upon conviction by the court or the code
enforcement board, in addition to any fine imposed, a restoration plan shall be
ordered in accordance with the following standards:
(A The restoration plan shall include the following minimum planting
standards:
(4-) a. In the successful replacement of trees illegally removed, replacement
trees shall be of sufficient size and quantity to replace the dbh inches
removed. Dbh is defined for the purposes of this ordinance as diameter of
the tree, measured at a height of 4.5 feet above natural grade.
(2 b.Each replacement tree shall be Florida grade No. 1 or better as graded
by the Florida department of agriculture and consumer service.
( ) c.All replacement trees shall be nursery grown,containerized and be a
minimum of 14 feet in height with a seven foot crown spread and have a
minimum dbh of three inches.
(4} d.Replacement trees shall have a guarantee of 80 percent survivability for
a period of no less than three years. A maintenance provision of no less
than three years must be provided in the restoration plan to control
invasion of exotic vegetation(those species defined as exotic vegetation
by the Collier County Land Development Code).
(-5-} e.It shall be at the discretion of the development services director to allow
for any deviation from the above specified ratio.
}2. In the event that identification of the species of trees is impossible for any
reason on the property where protected trees were unlawfully removed, it
shall be presumed that the removed trees were of a similar species mix as
those found on adjacent properties.
TAL#532626.1 196
•
(€33The understory vegetation shall be restored to the area from which protected
trees were unlawfully removed.The selection of plants shall be based on the
characteristics of the Florida Land Use, Covers and Form Classifications
System (FLUCCS) code. Shrubs, ground cover, and grasses shall be restored
as delineated in the FLUCCS code. The species utilized shall be with relative
proportions characteristic of those in the FLUCCS code. The exact number
and type of species required may also be based upon the existing indigenous
vegetation on the adjacent property at the discretion of the development
services director.
(D)1. If the unlawful removal of trees has caused any change in hydrology,
ground elevations or surface water flows,then the hydrology, ground
elevation or surface water flows shall be restored to pre-violation conditions.
(E)5. In the event of impending development on property where protected trees
were unlawfully removed,the restoration plan shall indicate the location of
the replacement stock consistent with any approved plans for subsequent
development. For the purposes of this ordinance, impending development
shall mean that a developer has made application for a development order or
has applied for a building permit.
\ fes. he development services director may, at his discretion, allow the
replacement stock to be planted off-site where impending development
displaces areas to be restored.In such situations, off-site plantings shall be on
lands under the control of a public land and/or agency.The off-site location
shall be subject to the approval of the development services director.
(G)7. The donation of land and/or of funds under the control of a public agency
may be made if none of the above are viable alternatives. This donation of
land and/or funds shall be equal to or greater than the total sum it would cost
to restore the area in which the violation occurred.(Preservation of different
contiguous habitats is to be encouraged.)
3.9.911.2. CORRECTIVE MEASURES FOR ENVIRONMENTAL
VIOLATIONS.
A.MITIGATION
1. The person(s) responsible for violations of the environmental sections of the
Land Development Code shall be notified according to section 1.9.5 and shall
have 30 days to prepare a mitigation plan that is acceptable to the county to
resolve the violation.The mitigation plan shall be submitted to development
services staff for review and comment. Once the plan is accepted by
development services,the responsible party shall have 15 days to complete
the mitigation unless other arrangements are specified and agreed upon in the
mitigation plan.
2. Mitigation shall restore the area disturbed unless the responsible party
demonstrates that off-site mitigation will successfully offset the impacts being
mitigated for. Off-site mitigation shall be on lands under the control of a
public agency, or identified for public acquisition, or on lands protected from
TAL#532626.1 197
future development. Ratios for off-site mitigation shall be as follows: two to
one for uplands and three to one for wetlands.
3. The selection of plants to be used shall be based on the characteristics of the
Florida Land Use, Covers and Forms Classification System(FLUCCS)code.
The exact number and type of species required may vary depending on the
existing indigenous vegetation found at the site.
4. If only trees were removed and the understory vegetation was not disturbed,
then replacement of the dbh (diameter at breast height)in inches removed
shall be required.
5. If the violation has caused any change in hydrology, ground elevations or
surface water flows,then the hydrology, ground elevation or surface water
flows shall be restored to pre-violation conditions.
6. If the violation consists of clearing of residential, single-family (RSF),village
residential (VR) or estates (E) or other non agricultural, non commercially
zoned land in which single-family lots have been subdivided for single-family
use only, and one acre or less of land is being cleared by the property owners
themselves in advance of issuance of building permit, the development
services director may, in lieu of restoration or donation,impose a penalty fee
in the amount equal to double the cost of a typical building permit.
3.9.6.9.1. B.REQUIREMENTS FOR A MITIGATION PLAN.
1. A copy of the deed,contract for sale or agreement for sale or a notarized
statement of ownership clearly demonstrating ownership and control of the
subject lot or parcel of land, or permission from the landowner to mitigate on
his or her site shall be provided,
2. The mitigation plan shall be prepared by a person who meets or exceeds the
credentials specified in section 3.8.4.
3. The plan shall designate the person's name, address and telephone number
that prepared the plan.
4. A north arrow, scale,and date shall be required on the plan.
5. Existing vegetation areas shall be shown.
6. The proposed planting areas shall be clearly defined.
7. The plan shall denote the number and location of each plant to be planted, or
for the case of ground covers, show them in groupings. Large mitigation areas
may be designated by a more simplified method.
8. All plants proposed shall be denoted by genus, species,and the common
name.
9. The plan shall identify what is adjacent to the mitigation areas,i.e. existing
forest(provide type), farm,natural buffer area,lake,etc.
3.9.6.9.2. C. SITE-SPECIFIC REVIEW CRITERIA.
1. All plants used for mitigation shall be native Florida species.
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2. All plants used for mitigation shall be from a legal source and be graded
Florida No. 1 or better, as graded by the Florida Department of Agriculture
and Consumer Services' Grades and Standards for Nursery Plants (Charles S.
Bush, 1973, Part 1 and 2).All plants not listed in Grades and Standards for
Nursery Plants shall conform to a Florida No. 1 as to: (1)health and vitality,
(2) condition of foliage, (3)root system, (4) freedom from pest or mechanical
damage, (5) heavily branched and densely foliated according to the accepted
normal shapes of the species or sport. Trees shall be a minimum of 14 feet tall
at the time of planting and shall have a minimum dbh(diameter at breast
height) of three inches.
3. The plants proposed for planting must be temperature tolerant to the areas
they are to be planted in. The South Florida Water Management District's
Xeriscape Plant Guide II shall be used in determining the temperature
tolerances of the plants.
4. The existing soil types shall be identified. Plants proposed for planting shall
be compatible with the soil type.The 1954 or the 1992 soil survey of Collier
County shall be used to determine if the plants proposed for planting are
compatible with the existing or proposed soil types.
5. The source and method of providing water to the plants shall be indicated on
the plan and subject to review and approval.
6. A program to control prohibited exotic vegetation(section 3.9.6.4.1)in the
mitigation area shall be required.
3.9.6.9.3. D. COUNTY REVIEW OF MITIGATION PLAN.
1. Development services will review the plan based on,but not limited to, the
preceding requirements within 15 days. Additional relevant information may
be required when requested.
2. Should the county reject the mitigation plan, the reasons will be provided so
the applicant can correct the plan and resubmit for county review.
3.9.6.9.4. E. MONITORING AND REPLANTING.
1. A monitoring program shall be required that would determine the
survivability by species of the plants used in the mitigation effort. A minimum
of five reports will be submitted. Reports shall be due at one-year intervals.
2. Eighty percent survival by species shall be required for a five-year period
unless other arrangements are specified and agreed upon in the mitigation
plan. Replanting shall be required each year if the mortality exceeds 20
percent of the total number of each species in the mitigation plan.
3. The soil and hydrological conditions for some mitigation areas may favor
some of the plants and preclude others. Should the county and/or consultant
find that over time,some of the species planted simply don't adjust, the
mitigation plan shall be reevaluated by both the consultant and the county,
and a revised plan will be instituted. This condition shall not apply to all
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mitigation areas and each case will be evaluated individually,based on the
supported [supporting] data submitted by the mitigator.
3.9.6.9.5. F.DONATION OF LAND OR FUNDS. The donation of land and/or
funds to a public agency may be made if none of the above are viable alternatives.
This donation of land and/or funds shall be equal to or greater than the total sum it
would cost to mitigate for the violation according to sections 3.9.11.2.A.
3.9.6.9 3.9.6.9.1 including consulting fees for design, and monitoring, installation
costs, vegetation costs, earth moving costs,irrigation costs, replanting and exotic
removal.
3.9.7:12. Appeal from enforcement. Any person who feels aggrieved by the application
of this division, may file,within 30 days after said grievance, a petition with the
development services director, to have the case reviewed by the Collier County
Board of County Commissioners.
3.9.513. Suspension of permit requirement. The board of county commissioners may,by
emergency resolution, suspend the permit requirement for vegetation removal in the
aftermath of a natural disaster, such as a hurricane, when the following conditions are
met and contained in the resolution:
3.9.8:13.1. The suspension is for a defined period of time not to exceed 30 days or as
otherwise set by the"board of county commissioners.
3.9.8:13.2. The vegetation removal is necessitated by disaster related damage.
3.9.8:13.3. The suspension is not applicable to vegetation within habitats containing listed
species (as regulated in division 3.11).
3.9.8.4. The vegetation to be removed is not a specimen tree.
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F 1
TAB M
3.11
LISTED SPECIES
TAL#532626.1 201
DIVISION 3.11. ENDANGERED, THREATENED OR LISTED SPECIES
PROTECTION.
3.11.1 GENERAL
3.11.1.1 TITLE AND CITATION
3.11.1.2 PURPOSE
3.11.1.3 APPLICABILITY AND EXEMPTIONS
A. GENERAL APPLICABILITY
B. EXEMPTIONS
3.11.2 EIS AND MANAGEMENT PLANS
3.11.2.1 EXEMPTION
3.11.2.2 EIS
3.11.2.3 MANAGEMENT PLANS
A. GENERAL REQUIREMENTS
B. REFERENCES
3.11.3 PROTECTIVE MEASURES
3.11.3.1 GENERAL
3.11.3.2 SPECIES SPECIFIC REQUIREMENTS
A. GOPHER TORTOISE
B. FLORIDA SCRUB JAY
C. BALD EAGLE
D. RED-COCKADED WOODPECKER
E. FLORIDA BLACK BEAR
F. PANTHER
G. WEST INDIAN MANATEE
H. LOGGERHEAD AND OTHER LISTED SEA TURTLES
3.11.3 PENALTIES
DIVISION 3.11. ENDANGERED,THREATENED, OR LISTED SPECIES
PROTECTION
3.11.1 GENERAL.
3.11.1.1 TITLE AND CITATION. This division shall be known and may be cited as
the "Collier County Endangered,Threatened, or Listed Species Protection
Regulations."
TAL#532626.1 202
3.11.1.2.PURPOSE. The purpose of this division is to protect species in Collier County,
Florida by including measures for protection and/or relocation of endangered,
threatened, or species of special concern listed by:
A. Florida Fish and Wildlife Conservation Commission (FFWCC) as endangered,
threatened or species of special concern;
B. United States Fish and Wildlife Service (USFWS) as endangered or threatened;
and
C. Convention of International Trade in Endangered Species of Wild Fauna and
Flora(CITES) on Appendix 1, Appendix II, or Appendix III.
3.11.1.3. • .. • ! . • ! : . e ' 41., APPLICABILITY AND
EXEMPTIONS.
A. GENERAL APPLICABILITY. Except as provided in B. 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.
Z:', •.- : -- . . _ .. . ..
B. EXEMPTIONS. The following are exempt from the provisions of this Section:
1. agricultural operations that fall within the scope of sections 163.3162(4) or
823.14(6),Florida Statutes;
2. all development within the RLSA District, except as specifically provided in
Section 2.2.27; and
3. all development within the NBMO, except as specifically provided in Section
2.2.31.
3.11.2 EIS AND MANAGEMENT PLANS
3.11.2.1.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.
3.11.3342.2 EIS. - _ - ' - - -.---•-- - - - .- - ' - . . _ - ..
forth 0oo`ion 3 g An EIS is required as set forth in Section 3.8.53. The
County shall notify the FFWCC and USFWS of the existence of any listed species
that may be discovered. ' •. .- - .. . . .•• . . . .
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3.11.2.3 MANAGEMENT PLANS.
A. GENERAL REQUIREMENTS. A wildlife management plan shall be required
for all projects where the wildlife survey indicates listed species are utilizing the
site. These plans shall describe how the project directs incompatible land uses
away from listed species and their habitats and shall incorporate proper techniques
to protect listed 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:
1. South Florida Multi-Species Recovery Plan, USFWS, 1999.
2. Habitat Management Guidelines for the Bald Eagle in the Southeast Region,
USFWS, 1987.
3. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus
polvphemus) Populations found on Lands Slated for Large Scale Development
in Florida, Technical Report No. 4,Florida Game and Fresh Water Fish
Commission, 1987.
4. 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.
3.11.3 PROTECTIVE MEASURES. All developments subject to this Division shall
adhere to the following:
3.11.3.1 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.
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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 3.9.4.1.C.
F. Management Plans shall contain a monitoring program for developments greater
than 10 acres.
G. Letters of technical assistance from the FFWCC and recommendations from the
USFWS shall be deemed to be consistent with the GMP.
3.11.3.2. The USFWS South Florida Multi Species Recovery Plan (dated May 1999, and
. •• .. . , - - - . .
, -
. . , _- _ •- :•:: .. - - - .: . . ' ,
-. . - e -- . .. . - .
•
•
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. •-
3.11.3.3 SPECIES SPECIFIC REQUIREMENTS. On property where the wildlife
survey establishes that listed species are utilizing the site or where the site is capable
of supporting listed species and such listed 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 written 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, my change the requirements
contained herein and any such change shall be deemed to be consistent with this
Code. The following specific species management and protection plans shall be
applicable, in addition to those required by 3.11.2.3 and 3.11.3.1:
3.11.3.1 A. GOPHER TORTOISE (GOPHERUS POLYPHEMUS).
(13- All gopher tortoises, their habitats and the associated comensals are
hereby protected. 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
TAL#532626.1 205
9 .
functions and values of their natural habitat, unless otherwise provided for in
this section.
F23 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.
(33-Provision is hereby made to allow personnel authorized by Florida Fish and
Wildlife Conservation Commission or Collier County to house and relocate
tortoises as necessary and provided for in this section.
(4)-When gopher tortoises are identified on site, . . . - •. . .• - -•- - ,
• •• - _ - - . . the protection/management 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;
2)b. a proposal for either maintaining the population in place or relocating it;
3-)c. a site plan identifying the boundaries of the gopher tortoise preserve;
4)d. the method of relocation if necessary;
5)e. the proposed supplemental plantings if needed;
6)f. a detail of the gopher tortoise preserve fencing;
7-)g_an maintenance plan describing exotic removal and p
vegetation management; and
8)h. identification of persons responsible for the initial and annual
protection/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
3.9.54. of this Code.
(5.)-Suitable habitat shall be defined as having the following characteristics:
4)a. the presence of well-drained, sandy soils, which allow easy burrowing for
gopher tortoises;i
2)b. appropriate herbaceous ground cover(if not present, supplemental food
sources shall be planted);i
3-}c. generally open canopy and sparse shrub cover which allow sufficient
sunlight to reach the ground,,; and
4)d. typically, includes the presence of an existing gopher tortoise population.
TAL#532626.1 206
6. Off site relocation plans may shall be permitted to meet all or part of the on-
site gopher tortoise habitat preservation requirements under the following
circumstances:
a.3 Where suitable habitat does not exist on-site; or,
b.3 Where a property owner meets the minimum on-site native vegetation
preservations requirements of this Code with jurisdictional wetlands and
does not provide appropriate habitat for gopher tortoises as described
above; or,
c.3 Where scientific data has been presented to the community development
and environmental services administrator, or his designee, and an
• environmental professional opinion is rendered that the requirement to
provide the required on-site gopher tortoise habitat preservation area will
not be conducive to the long term health of the on site population of
tortoises.
7. If an off site relocation plan is authorized under one or more of the above
conditions, approval of such a plan and associated State permit, shall be
obtained from the Florida Fish and Wildlife Conservation Commission.
Where appropriate, a combination of on-site preservation and off-site
relocation may be considered.
(6)8. When relocating tortoises on site, the density shall be reviewed on a case
by case basis and no more than five tortoises per acre will be considered a
suitable density.
(7)9. When identifying the native vegetation preservation requirement of section
3.9. 7. of this Code 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 section 3.2.9.2.10. of this
Code 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 Collier County,regardless of whether gopher
tortoises are relocated off-site.
(5) 10. Gopher tortoises shall be removed from all active and inactive burrows
located within the area of construction prior to any site improvement, in
accordance with the protection/management plan approved by planning
services staff.
(9) 11. Exemptions. Single family platted lots, seven and one-half acres or less in
size, shall be exempt from the requirements set forth in subsection 3.11.3.1(4)
4 through 10 above;when these lots are not a part of a previous development
which has been required to comply with subsection 3.11.3.4(4)4 through 10.
TAL#532626.1 207
However, gopher tortoises shall be protected pursuant to paragraphs 1,2 and
3 of thi s . „tion above.
B. FLORIDA SCRUB JAY. Habitat preservation for the Florida scrub iay
(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.
C. 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.
D. 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.
E. 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.
F. 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 corvi) 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..
TAL#532626.1 208
G. WEST INDIAN MANATEE. The management and protection plans for the
West Indian Manatee are set forth in Section 2.6.22.
H. LOGGERHEAD AND OTHER LISTED SEA TURTLES. The management
and protection plans for listed sea turtles shall be as set forth in Division 3.10.
3.11.4.PENALTIES FOR VIOLATION: RESORT TO OTHER REMEDIES.
Violation of the provisions of this division or failure to comply with any of its
requirements shall constitute a misdemeanor. Any person or firm who violates this
division 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 division.
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ORIGIN: Community Development and Environmental Services Division
AUTHOR: Barbara Burgeson
DEPARTMENT: Environmental Services
AMENDMENT CYCLE# OR DATE: Cycle 3, 2003
LDC PAGE: LDC3:156-158.2
LDC SECTION: Division 3.13 Coastal Construction Setback Line Variance
LDC SUPPLEMENT#: Supplement 1, Supplement 15
CHANGE: Per the Growth Management Plan, prohibit construction seaward of the
Coastal Construction Control Line, with listed minor exceptions. Staff has provided
clarifying language to the exemption section (3.13.5) and to the permit section (3.13.6).
Staff also incorporated language from the Conservation and Coastal Management
Element (CCME) that provides the basis for allowing exemptions, permits and variances.
By further defining the basis for providing exemptions and permits, the amendment
allows for more permits be issued by staff thus reducing the need for owners to petition a
variance from the BCC.
n
REASON: Policy 10.4.7 of the Conservation and Coastal Management Element
(CCME) requires the County to "Prohibit construction seaward of the Coastal
Construction Control Line except where the same would be permitted pursuant to the
provisions of the Florida Coastal Zone Protection Act of 1985 or where said prohibition
would result in no reasonable economic utilization of the property in questions, or for
safety reasons. In such cases, construction will be as far landward as is practicable and
effects shall be minimized on the beach and dune system and the natural functions of the
coastal barrier system " The BCC has directed staff to enforce this requirement,
which serves to provide greater protection to the County's beaches and dune systems.
FISCAL & OPERATIONAL IMPACTS: The proposed amendment will decrease the
number of CCSL Variances applied for which will decrease staff time reviewing as well
as presenting these variances to the committees.
RELATED CODES OR REGULATIONS: LDC 2.2.38, GMP CCME Policy 10.4.7
GROWTH MANAGEMENT PLAN IMPACT: None. Supports CCME Policy 10.4.7
and CCME 10.4.8 which states that: "Construction seaward of the Coastal Construction
Control Line will be allowed for public access and protection and restoration of beach
resources. Construction seaward of the Coastal Construction Control Line shall not
interfere with sea turtle nesting, will utilize native vegetation for dune stabilization, will
maintain the natural beach profile, will minimize interference with natural beach
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dynamics, and where appropriate will restore the historical dunes and will vegetate with
native vegetation."
OTHER NOTES: Division 3.13 is referenced in the proposed amendment for Sec
2.2.38. It should be noted that this amendment will also apply to the Vanderbilt Beach
Overlay District.
Sec. 3.13.1. Title and citation.
This division shall be known and may be cited as the "Collier County Coastal
Construction Setback Line Variance Regulations."
Sec. 3.13.2. Establishment of the coastal construction setback line setback-lines.
The coastal construction setback line shall be that coastal construction setback line
established by the department of natural resources of the State of Florida pursuant to F.S.
§ 161.053 and recorded in Coastal Setback Line Book 1, pages 1 through 12 inclusive,
recorded October 31, 1974, as Clerk's Instrument No. 365665 of the public records of
Collier County, Florida.
Sec. 3.13.3. Review and change of the coastal construction setback line setback-lines.
Setback lines established under this Code shall be reviewed upon petition of affected
riparian upland owners. The board of county commissioners of Collier County shall
decide, after due public notice and hearing, whether a change in the setback line is
justified, and shall notify the petitioner in writing. The present setback lines are presumed
to be correct, and no change in setback lines are presumed to be correct, and no change in
setback lines shall be made except upon an affirmative showing by petitioner that any
construction line established hereunder is a minimum of 150 feet landward of the mean
high-water line or 75 feet landward of the vegetation line whichever is greater; and that
considering ground elevations in relation to historical storm and hurricane tides, predicted
maximum wave uprush, beach and offshore ground contours, the vegetation line, erosion
trends, the dune or bluff line, if any exist, and existing upland development, that the
general public health and welfare are preserved, upland properties protected, and beach
and sand dune erosion controlled.
Sec. 3.13.4. Prohibited Regulated activities seaward of the coastal construction
setback line setback
3.13.4.1 It shall be unlawful for any person, firm, corporation, or agency, public or
private, to construct, reconstruct, or change existing structures, make any excavation,
remove any beach material or otherwise alter existing ground elevations, drive any
vehicle on, over or across any sand dune, or damage or cause to be damaged any sand
dune, or the vegetation growing thereon and/or seaward of said dune, seaward of the
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coastal construction setback line, except as hereinafter provided—by specific exemption,
permit or variance.
3.13.4.2 Unless otherwise provided for, activities seaward of the coastal construction
setback line which either individually or cumulatively would result in an adverse impact
to the coastal system are not allowed. For the purpose of this section, "adverse impacts"
are impacts that result in an interference with the natural functioning of the coastal
system. These impacts may alter the coastal system by measurably affecting the existing
shoreline change rate, interfering with the system's ability to recover from a coastal
storm, disturbing topography or vegetation such that the system becomes unstable or
suffers catastrophic failure, or by interfering with marine turtles or their habitat.
3.13.4.3 Undeveloped coastal barriers.
3.13.4.3.1 The County shall prohibit construction of structures seaward of the coastal
construction setback line on undeveloped coastal barriers. Undeveloped coastal barriers
are those defined in Section 3.12. Where exceptions are allowed, the construction shall
minimize adverse impacts. Exceptions to this prohibition are as follows:
(a) Structures providing for passive recreational activities. Examples of passive
recreational structures include dune walkovers with small viewing platforms, tie-offs
for small boats in backwater areas, educational or informational boards or kiosks,
benches for nature viewing;
(b) Structures providing for public access, including restroom facilities. The restrooms
shall be placed landward of the CCSL unless it is not possible to construct them
within an acceptable walking distance such as when there is a long boardwalk leading
seaward of the CCSL. Then the restrooms shall be co-located on existing structures
such as walkovers or decks or shall be in areas with the most sparse native vegetation
(c) Activities providing for the protection and restoration of the beach and dune system;
(d) Shoreline hardening structures, only if these structures are required for public safety
or in the case of a land use related hardship;
(e) In situations where application of this provision would not allow any reasonable
economic utilization of such property. In such cases, construction will be as far
landward as is practicable. In cases of demonstrated land use related hardship or
safety concerns as specified in the 1985 Florida Coastal Zone Protection Act, there
shall be no shore armoring allowed except in cases of public safety.
3.13.4.3.2 In approving construction seaward of the coastal construction setback line on
undeveloped coastal barriers, consideration shall be given to waive all non-safety
related setback and site planning requirements in order to minimize construction
seaward of the coastal construction setback line.
3.13.4.4 Developed coastal barriers.
The County shall prohibit construction of structures seaward of the coastal construction
setback line on developed coastal barriers. Developed coastal barriers are those defined
in Section 3.12. Where exceptions are allowed, the construction shall minimize
significant adverse impacts. Exceptions to this prohibition are as follows:
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(a) Structures providing for passive recreational activities; Examples of passive
recreational structures include dune walkovers with small viewing platforms, tie-offs
for small boats in backwater areas, educational or informational boards or kiosks,
benches for nature viewing;
(b) Structures providing for public access, including restroom facilities. The restrooms
shall be placed landward of the CCSL unless it is not possible to construct them
within an acceptable walking distance such as when there is a long boardwalk leading
seaward of the CCSL. Then the restrooms shall be co-located on existing structures
such as walkovers or decks or shall be in areas with the most sparse native vegetation
and shall not interfere with any protected species or their habitats;
(c) Activities providing for the protection and restoration of the beach and dune system;
(d) Seawall construction fronting the Gulf of Mexico shall be prohibited except in
extreme cases of hardship.
(e) Shoreline hardening structures that are required either for public safety, in the case of
a land use related hardship, or where necessary to protect existing structures
considering the total beach system and adjacent properties;
(f) In situations where application of this provision would not allow any reasonable
economic utilization of such property. In such cases, construction will be as far
landward as is practicable. In cases of demonstrated land use related hardship or
safety concerns as specified in the 1985 Florida Coastal Zone Protection Act, there
shall be no shore armoring allowed except in cases of public safety.
3.13.4.5. Except as otherwise allowed, the construction or replacement of seawalls or
other similar shore hardening elements shall be prohibited seaward of the CCSL.
Removal of sea walls shall be required whenever there is demolition on site or new
construction occurs on any beachfront parcel that has a seawall, unless it can be
demonstrated that the seawall is necessary for the protection of existing structures,
considering the total beach system and adjacent properties. Seawalls shall be removed in
accordance with 3.13.6.4.
3.13.4.6 It shall be prohibited to use any construction material seaward of the CCSL that
can become dislodged during a storm event and adversely impact sea turtle nesting
habitat. Such materials include but are not limited to, brick pavers, stepping stones, and
landscape stones. The only exception for the use of brick paver or stepping stones shall
be for the construction of public beach access walkways with the width being limited to
the minimum width required by ADA. When used seaward of the CCSL, pavers and
stones for beach access walkways shall have a minimum unit dry weight of 150 pounds
per cubic foot and shall not be allowed closer than 45 feet from the landward edge of the
beach.
3.13.4.7 All areas seaward of the CCSL, outside the footprint of approved minor
structures, shall be kept in their natural condition and/or landscaped, using native
vegetation, exclusively.
Page 4 of 12
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12-30-03
-- 3.13.4.8 Dune restoration shall be required for all parcels that have areas that are devoid
of dune vegetation. This requirement shall become a condition of a CCSL Permit or
Variance.
3.13.4.9 Parcels shall be required to remove all exotic vegetation and to maintain the
property exotic free in perpetuity. This requirement shall become a condition of a CCSL
Permit or Variance.
3.13.4.10 Property owners shall be responsible for the removal of storm debris
originating from their property. Immediately following a storm, debris shall be removed
as soon as conditions will safely allow.
Sec. 3.13.5. Exemptions.
codes, and shall not be heard by the board of county commissioners. Exemptions to
section 3.13.4 shall include: The County has determined that certain activities seaward of
the coastal construction setback line do not result in adverse impacts to the coastal
system. These activities are therefore allowed and are exempt from the requirements of
the CCSL permitting and variance process identified herein. Provisions found in other
sections of the county code may also regulate these activities. Such activities shall be
conducted so as not to disturb marked marine turtle nests or known nest locations,
damage existing native vegetation, or modify the dune and beach topography.
These exemptions shall not be effective during sea turtle nesting season (May 1--October
31) unless the structures are removed daily from the beach prior to 9:30 p.m. and are not
moved onto, or placed on, the beach 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 (daily sea turtle
monitoring), or in the case of beach furniture being actively used or attended during the
period of time from 9:30 pm until the next day's monitoring. Exemptions allowed under
this provision are not intended to authorize any violation of Section 370.12 Florida
Statutes, or any of the provisions of the Endangered Species Act of 1973, as it may be
amended.
3.13.5.1. 3.13.7.1. The removal of any plant defined as exotic non-native vegetation by
county code is exempt from the provisions of this Section.
3.13.5.2. 3.13.7.2. Any modification, Mmaintenance; or repair; to any existing structure
within limits of the existing foundation or footprint, which does not require, involve, or
include any additions to, or repair or modifications of, the existing foundation of that
structure is exempt from the provisions of this section. The following do not qualify for
this exemption: 1) additions or enclosure added, constructed, or installed below the first
dwelling floor or lowest deck of the existing structure, 2) replacement of any pervious
Page 5 of 12
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12-30-03
surface with a non-pervious surface, or 3) modifications or additions to any dune
walkover or deck area
- "::• ' . -: .• - - --', ' .. •_ •-- •- - . . - ...
structure. For the purposes of this subsection, the term "repair" is the restoration of a
portion of an existing structure, including the foundation of the structure, to its original
design or an equivalent structural standard. Repair of a structure assumes that a
significant portion of the structure, including its foundation, remains intact.
3.13.5.3. Minor activities which do not cause an adverse impact on the coastal system and
are exempt from the permitting requirements of this section. The activities which are
exempt pursuant to this subsection include, but are not limited to, the following:
1. Beach or deck furniture and awnings.
2. Tie-downs, or anchors to existing minor structures or trees.
3. Portable public lifeguard stands.
4. Mono-post structures including umbrellas, antennas or light posts.
5. Minor recreational diggings and other forms of art on the unvegetated beach provided
no removal or filling of sand at the site.
6. The removal of windblown sand from paved roads and parking areas, beach access
ramps, pools, patios, walkways or decks, not involving a change in the general grade and
provided that any beach quality sand is returned to the beach and dune system seaward of
the coastal construction setback line.
7. The minor maintenance of bulkheads and seawalls specifically involving scraping,
chipping, sandblasting, guniting, and painting.
3.13.7.3. 8. Any structures, that: 1) do not constitute fixed structure(s), 2) do not require
a building permit, 3) weigh less than 100 pounds, and 4) upon review by the planning
services director or his designees, is determined to not present an actual or potential
threat to the beach and the dune system and adjacent properties, are exempt from the
variance requirements of this division. This exemption shall not be effective during sea
. - •- -• " • e :. 1) unless the structures arc removed daily from
the next day's monitoring. Exemptions allowed under this provision are not intended to
- • •- • •. -. . I. , sr any of the provisions of the Endangered
Species Act of 1973, as it may be amended.
3.13.5.3 Vehicles driving on the beach that are regulated pursuant to Section 3.14 are
exempt from the from the provisions of this Section.
Sec. 3.13.86. Coastal Construction Setback Line Permits.
The following activities seaward of the coastal construction setback line shall not require
Page 6 of 12
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12-30-03
• - . ••_ . - --• - - -. • •-• . - , .. . require a coastal construction
setback line permit. Such permit shall be reviewed and approved administratively lay-site
development review environmental staff. without a hearing of the board of county
commissioners. Staff will review the proposed activities to ensure that an adverse impact
will not result from the proposed activities. Permits are approved to ensure that the
permitted activity is consistent with the provisions of Section 3.13.4 and will not disturb
marked marine turtle nests, known nest locations or nesting habitat, damage existing
native vegetation, or modify the dune and beach topography. The appropriate fee as set
by county resolution shall be submitted with the permit application.
3.13.86.1. Beach access structures. Structures providing access to the beach, such as
dune walkovers, shall meet the following criteria:
(a) Construction of a dune walkover when a Receipt of a Florida Department of
Environmental Protection (FDEP) permit • . . • .. . . . •. - . . ••_ - .
have been met.
Lb)3.13.8.1.1. A maximum width of six feet, unless ADA criteria require a greater width,
in which case a permit may be granted if the proposed widths rare no greater than the
minimum ADA requirements.
(c)-34-3X-L2, A minimum separation of 200 feet between walkovers when two or more
walkovers are proposed on a single parcel.
(d) Dune walkovers shall be constructed to minimize the impacts on the beach and dune
systems. They shall not be permitted to be constructed shore parallel to the beach or
dune unless there is no other way to meet the ADA requirements.
3.13.86.2. Dune Restoration. Creation, restoration, re-vegetation or repair of the dune
or other natural area seaward of the CCSL on an individual parcel of land; shall meet the
following criteria:
(a) when Receipt of a Florida Department of Environmental Protection (FDEP) permit:
(b) 3.13.8.2.1. Sand used must be compatible in color and grain size to existing sand
subject to FDEP requirements.
(c) 3.13.8.2.2. Plants utilized shall be 100 percent native coastal species.
(d) 3.13.8.2.3. Restoration plans shall be designed by an individual with expertise in the
area of environmental sciences, natural resource management or landscape
architecture. Academic credentials shall be a bachelors or higher degree. Professional
experience may be substituted for academic credentials on a year for year basis,
provided at least two years professional experience are in the State of Florida.
3.13.6.3 Minor structures. A CCSL permit may be issued for a minor structure when
that structure will be located over a previously approved impervious area. For the
purpose of this subsection, a minor structure is defined as a permanent structure, such as
a chickee, and requires a building permit.
Page 7 of 12
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12-30-03
3.13.6.4 Removal of sea walls. Removal of sea walls on beachfront properties shall
require creation/restoration of the dune, in accordance with 3.13.6.2. Such permits shall
be required in conjunction with any demolition permit or prior to any approved site plan
on beachfront properties.
3.13.6.5 Reconstruction of an existing building. Reconstruction of an existing
building shall meet the following criteria:
(a)Receipt of a Florida Department of Environmental Protection (FDEP) permit;
(b) Documentation that the existing building had previously been granted a CCSL
variance;
(c) The reconstruction shall be limited to occur within the existing footprint of the
building that is being rebuilt;
(d) The density of the reconstructed building is the same as the existing building;
(e) The proposed intensity and use of the reconstructed building shall be comparable to
the existing building.
3.13.6.6 Beach Nourishment or maintenance dredging. Certain activities that may
temporarily alter ground elevations such as artificial beach nourishment projects,
excavation or maintenance dredging of inlet channels may be permitted seaward of the
coastal construction setback line if said activity is in compliance with provisions of
Section 3.13.4, and receives Federal and State agency approvals.
Sec. 3.13.57. Variances. The board of county commissioners may grant a variance
(CCSL Variance) for any activity that is not specifically exempted or is not allowed by
permit. In granting a CCSL Variance the board of county commissioners shall consider
the provisions of 3.13.4, the nature of the proposed activity, any land related hardship,
and other considerations as provided for below.
3.1347.1. If in the immediate contiguous or adjacent area a "number of existing
structures" have established a reasonably continuous and uniform construction line closer
to the line of mean high water than the line as herein established, and if said existing
structures have not been unduly affected by erosion, a proposcd structure may be
permitted along such line if such proposed structure is also approved by the board of
Construction that varies from the listed criteria for CCSL
permits.The board of county commissioners may authorize the construction of structures
that vary from the standards set forth in subsection 3.13.6. Except as otherwise provide
for in subsection 3.13.4, structures shall not be constructed or placed in areas that have
existing vegetation or on any part of the beach.
3.13.5.7.2. Pipelines or piers. The board of county commissioners may authorize the
construction of pipelines or piers extending outward from the shoreline, unless it
determines that the construction of such projects would cause erosion of the beach in the
area of such structures.
3.13.5.3. - . ' _ .. ., . - _ .. . _ - . . . ' '.
Page 8 of 12
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12-30-03
beach nourishment projects, excavation or maintenance dredging of inlet channels may
be permitted seaward of the coastal construction setback line if said activity is in
compliance with the Collier County growth management plan, conservation and coastal
Sec.3.13.68. Procedures for obtaining variance.
3.13.68.1. A written petition requesting a variance from the established setback line shall
be filed with the board of county commissioners or their designee. The petition shall set
forth:
1. A description of petitioner's property to include the information requested
on a current Collier County request for a coastal construction setback line
variance form;
2. A description of the established setback line and the line which petitioner
wishes to be varied;
3. The justification upon which the petitioner relies for the granting of the
variance, to include compliance with the Collier County growth
,,-,, management plan, conservation and coastal management element.
3.13.6.82. Notice and public hearing for coastal construction setback line variances. An
application for coastal construction setback line (CCSL) variance shall be considered by
the board of county commissioners pursuant to the following public notice and hearing
requirements.
1. The applicant shall post a sign at least 45 days prior to the date of the
public hearing by the board of county commissioners. The sign shall
contain substantially the following language and the sign copy shall utilize
the total area of the sign:
PUBLIC HEARING REQUESTING
CCSL VARIANCE APPROVAL(both to contain the following
information:)
TO PERMIT: (Sufficiently clear to describe the type of variance
requested).
DATE:
TIME:
'� TO BE HELD IN BOARD OF COUNTY COMMISSIONERS
MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER.
Page 9 of 12
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12-30-03
2. The area of a property sign shall be as follows:
a. For a property less than one acre in size, the sign shall measure at
least one and one-half square feet in area.
b. For a property one acre or more in size, the sign shall measure at
least 32 square feet in area.
3. In the case of a sign located on a property less than one acre in size, such
sign shall be erected by the development services director in full view of
the public on each street side of the subject property and on the side of the
property visible from the beach. Where the property for which approval is
sought is landlocked or for some other reason a sign cannot be posted
directly on the subject property, then the sign shall be erected along the
nearest street right-of-way, with an attached notation indicating generally
the distance and direction to the subject property.
4. In the case of sign(s) located on a property one acre or more in size, the
applicant shall be responsible for erecting the required sign(s). The sign(s)
shall be erected in full view of the public on each street upon which the
subject property has frontage and on the side of the property visible from
the beach. Where the subject property is landlocked, or for some other
reason the sign(s) cannot be posted directly on the property, then the
sign(s) shall be erected along the nearest street right-of-way, with an
attached notation indicating generally the distance and direction to the
subject property. There shall be at least one sign on each external
boundary which fronts upon a street, however, in the case of external
boundaries along a street with greater frontages than 1,320 linear feet,
signs shall be placed equidistant from one another with a maximum
spacing of 1,000 linear feet, except that in no case shall the number of
signs along an exterior boundary fronting on a street exceed four signs.
The applicant shall provide evidence to the planning services department
that the sign(s) were erected by furnishing photographs of the sign(s)
showing the date of their erection at least ten days prior to the scheduled
public hearing by the board of county commissioners. The sign(s) shall
remain in place until the date of either of the following occurrences: 1.
Final action is taken by the board of county commissioners or 2. The
receipt of a written request by the planning services department director
from the applicant to either withdraw or continue the petition indefinitely.
5. Notice of the time and place of the public hearing by the board of county
commissioners shall be advertised in a newspaper of general circulation in
the county at least one time and at least 15 days prior to the public hearing.
Where applicable, the notice shall clearly describe the proposed variance.
The advertisement shall also include a location map that identifies the
Page 10 of 12
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12-30-03
approximate geographic location of the subject property.
6. The board of county commissioners shall hold one advertised public
hearing on the proposed variance and may, upon the conclusion of the
hearing, immediately adopt the resolution approving the variance
3.13.6.8.3. The board of county commissioners shall notify petitioner in writing of its
decision within 15 days of the public hearing.
3.13.68.4. Any person aggrieved by a decision of the board of county commissioners
granting or denying a variance may apply to the circuit court of the circuit in which the
property is located for judicial relief within 30 days after rendition of the decision by the
board of county commissioners. Review in the circuit court shall be by petition for a writ
of certiorari and shall be governed by the Florida Appellate Rules.
(Ord. No. 03-01, § 3.I.)
(Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 94-27, § 3; Ord. No. 01-34, § 3.J.)
(Ord. No. 94-58, § 3; Ord. No. 02-31, § 3.I.)
Sec.3.13.9. Penalty and civil remedies.
3.13.9.1. Penalty. A violation of any provision of this Code is a misdemeanor and shall
be prosecuted in the name of the state in the county court by the prosecuting attorney, and
upon conviction shall be punished by a fine not to exceed $500.00 or imprisonment in the
county jail not to exceed 60 days, or by both such fine and imprisonment. Each violation
and each day a violation continues shall constitute a separate offense. The board of
county commissioners shall have the power to collaterally enforce the provisions of this
Code by appropriate judicial writ or proceeding notwithstanding any prosecution as
misdemeanor.
3.13.9.2. Civil remedies. In addition to or in lieu of the penalties provided by general law
for the violation of ordinances, the board of county commissioners may bring injunctive
action to enjoin the construction or compel the removal of structures constructed in
violation of this Code.
3.13.9.3.1. Penalty for a violation of subsection 3.13.75.3. Notwithstanding the penalties
set forth elsewhere in this Code, the following violations of subsection 3.13.7.5.3, which
occur during sea turtle nesting season:
A) 1) Setting up of any structures as defined in 3.13.7.5.3, prior to daily
sea turtle monitoring, 2) failing to remove all structures from the beach by
9:30 p.m., or 3) failing to have lights, so required, turned off by 9:00 pm.,
are subject to the following penalties:
First violation: Up to $1,000.00 fine.
Page 11 of 12
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12-30-03
Second violation: $2,500.00 fine.
Third or more violation: $5,000.00 fine.
B) Beach front property owners who leave beach furniture unattended on the
beach between 9:30 pm and the time of the next day's sea turtle
monitoring, are subject to the following penalties:
First violation: Written notice of ordinance violation.
Second violation: Up to $1,000.00 fine.
Third or more violation: $2,500.00 fine.
More than three violations: $5,000.00 fine.
(Ord. No. 94-58, § 3; Ord. No. 01-34, § 3.J.)
Sec.3.13.10. Severance.
3.13.10.1. Severance. If any phrase or portion of this division is for any reason held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not affect
the validity of the remaining portion.
(Ord. No. 94-58, § 3)
Page 12 of 12
Page 1 of 2
whiteway_c
From: lorenz_w
Sent: Monday, December 29, 2003 2:06 PM
To: whiteway_c
Subject: FW: Draft for EAC members to consider at our next monthly meeting-
Bill Lorenz
Collier County Environmental Services Director
2800 North Horseshoe Drive
Naples, Florida 34104
Tele:(239)732-2505
Fax:(239)213-2960
E-mail: Williamlorenz@colliergov.net
Original Message
From: lenberger_s
Sent: Monday, December 29, 2003 9:31 AM
To: burgeson_b; lorenz_w
Cc: student_m; white_p
Subject: FW: Draft for EAC members to consider at our next monthly meeting-
Original Message
From: Allie Ellis [mailto:aellis@bbnaples.com]
Sent: Tuesday, December 23, 2003 6:29 PM
To: lenberger_s
Cc: Allie Ellis
Subject: RE: Draft for EAC members to consider at our next monthly meeting-
Position Paper on Collier County having a Listed Species Policy:
**Whereas the State of Florida is encouraging Collier county to direct harmful activities away from
environmentally valuable areas including valuable "animal" habitat.
**Whereas depending on other agencies to review environmental issues may cause such problems as:
---taking 3-6 months for review
--- local action may not trigger agency review
--- agency decisions may be in conflict with other agencies or with Collier County's wishes
**Whereas there seems to be a lack of standardization and that decisions may not be applicable to South West
Florida nor as restrictive as desired.
Therefore be it known that the Collier County Environmental Advisory Council encourages the Collier County
Board of Commissioners to adopt a Collier County Listed Species list and written policies for wildlife protection
and the management of species populations.
Can you send this to the other EAC members...Note it says Draft....l'm sure staff may have better wording, or our
lawyer may have
12/29/2003
Page 2 of 2
some recommendations. However, I would like the EAC members to have an opportunity of voting for, or against
encouragement
of the above. And of course if they vote for this in some manner, then I would hope that the EAC is asked to help
in the formation of the list and Bill Lorenz's opinion paper.
Elected officials must have views on both sides to assist them in making their own personal decision. It took me
10 years up North but everyone finally figures out that development that takes the environment into account and
works with it actually provides
a better community-sells better- less costly "fix ups" afterwards Seems like I'm starting over here in Collier
County.
Everyone moves here for the quietier atmosphere, beachs, manatee, wildlife,etc. Also any nice community keeps
open
spaces and "wild areas" -some for active use- parks but also should have quieter areas, bike paths, walks, and
some
not disturbed much by man (pristine areas). If we don't plan up front it will be ruined and you can't go backward....
Enuff soapbox...I'm on vacation 'til 1/5/03. Allie
Allie Ellis, CPIA
(aellis@bbnaples.com)
Was Allie Santoro (asantoro@bbnaples.com)
Select Commercial Agent
Mail to:aellis @ bbnaples.com
(239)213-2012/FAX(239)261-8265
Brown & Brown, Inc. (NYSE:BRO)
The nation's 6th largest insurance intermediary
http://www.bbnaples.com
CONFIDENTIALITY NOTE:The information contained in this email message is legally privileged and confidential and is intended only for the use of
the individual or entity named above.If the reader of this message is not the intended recipient you are hereby notified that any dissemination or copy
of this email is strictly prohibited.If you have received this email in error,please notify the sender at aellis(&bbnaeles.com. Please note that coverage
can not be bound,amended,or changed by use of an email message.
/^
12/29/2003