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EAC Agenda 09/01/2004 ENVIRONMENTAL ADVISORY COUNCIL AGENDA September 1, 2004 9:00 A.M. Commission Boardroom W. Harmon Turner Building (Building "F") —Third Floor I. Roll Call II. Approval of Agenda III. Approval of July 7, 2004 Meeting minutes IV. Land Use Petitions A. NONE V. Old Business A. Confirmation that regularly scheduled October 6, 2004 meeting has been rescheduled to September 30, 2004. VI. New Business A. Land Development Code amendments Cycle 2 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 August 27, 2004 if you cannot attend 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. Atteutio4 EAC Acttq (4{dNtILytA: Due to Eke caxce2@aGox of fife August 4° AMsoxq wet*, the .EDC wuwu4neuEa ockedaQed 6ott that wet* uwxe at 6iAcuwLL. PtgthepaekctqGu 'waived fie twit baa the &got weeGuy iu addition fa t1á Ma*, oa we eau conlpPefe the £DC aaudx+exEe dLcuooiau mu Septendten 1 , 2004. Tkauk qu. LDC Amendment Request ORIGIN: Community Development and Environmental Services Department AUTHOR: Stan Chrzanowski/Barbara Burgeson DEPARTMENT: Engineering/Environmental Services AMENDMENT CYCLE # OR DATE: Cycle 2, 2004 LDC PAGE: 3:106.7 LDC/UDC SECTION: old LDC section 3.2.8.3.6. and UDC section 4.06.04 A.1. LDC SUPPLEMENT #: 15 CHANGE: The proposed amendment modifies the criteria for allowing properties to clear and fill building pads prior to obtaining building permits. REASON: To allow more flexibility for clearing building pads and single family lots before building permits are obtained. FISCAL & OPERATIONAL IMPACTS: There would be additional review time and associated fees for review of new permits. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES: None Amend the UDC [LDC] as follows: A. Generally 1. Clearing, grading and filling: Clearing of woody vegetation requires a permit except that owners of LOTS remove non native and native woody vegetation without permits unless specimen trees are involved. A minimum number of required native trees shall Draft - 8-2-04 • --.•- _ -: .• •_ I. a. Permitted removal of vegetation: areas may be cleared. - • _•• ' - - • • - • .•--:_ _ .• . - - • • - 1.06.01 A.l.a.3. ii. Sitc DEVELOPMENT plans (SDPs): . . .. .. .. . . • .. - • -• -'- '. _ shown o., thea ea SDP b) Residential SDPs: Approval of a residential SDP includes • !• . 3. Vegetation removal and site filling permits (VPSFPs): a) A developer will be permitted to clear up to 25 acres of residential, commercial, or industrial LOTS to store excess . - • c) The application to "clear and fill" in order to store excess Draft - 8-2-04 • i) The limits of each separate stockpile must be clearly delineated and the area, height, cross section, and steeper than a ratio of1:1. ii) The type of vegetation to be removed must be shown iii) The source of the material, such as lake number(lake iv) Clearing to store excess fill will be permitted in maximum blocks of 25 acres at a time. When a 25 acre • - d) To allow for safety during tree removal, if a developer . . - - - future date may be a danger to life or property. A VRSFP must be granted prior to removal of these trees. e) Revegetation: For VRSFPs within SUBDIVISIONS, a ••• .- be-pest . days of notification by the county will result in a fine of $10.00 per acre, per day. h) In the event that any portion of the stockpile is in place for two years, the county will order the fill to be removed and the land to be revegetated. i) The density and type of revegetation shall closely match 4.06.04 A.1. 13.2.8.3.6.1 Vegetation Removal and Site Filling: 1. Clearing of woody vegetation requires a Vegetation Removal Permit or Vegetation Removal and Site Filling Permit unless exempted by section 3.05.04. The Draft - 8-2-04 Vegetation Removal Permit process is governed by section 3.05.04. a. Permitted removal of vegetation or site filling with an approved Vegetation Removal and Site Filling Permit(VRSFP), Site DEVELOPMENT Plans (SDP) or Plat and Construction Plans (PPL) i. For individual single family lots or blocks of lots 1) a completed building permit application must be submitted and deemed sufficient by Collier County, 2) all necessary current state and Federal environmental permits must be obtained. If these two items are fulfilled, a VRSFP must be obtained prior to removal of this vegetation. ii To allow for safety during tree removal, if a developer owns contiguous single family lots, the trees on the single family lots directly ADJACENT to a LOT where a house is under construction may be removed, if removal at a future date may be a danger to life or property. A VRSFP must be obtained prior to removal of this vegetation. iii. A developer will be permitted to clear up to 25 acres of residential, commercial, or industrial LOTS or building sites to store excess fill generated by lake excavations within the PUD or project where the excavation is taking place when the following information has been submitted and approved with the SDP or PPL. a) Plat and Construction Plans: Clearing for the construction of the infrastructure, such as road rights-of-way, and drainage and utility easement areas shall be approved on site clearing plans within that phase of approved residential, commercial or industrial Plat and construction Plans. Clearing of individual lots or blocks of lots may be approved. The limits of each separate stockpile must be clearly delineated and the area, height, cross-section, and volume of each individual stockpile must appear on the drawing referenced to the stockpile. Slopes must not be steeper than a ratio of 4:1. The type of vegetation to be removed must be shown on the drawing. The source of the material, such as lake number(lake#) for each stockpile must be indicated on the drawing and the amount of material excavated must justify the need to clear the proposed area. Draft - 8-2-04 b) Site DEVELOPMENT Plans (SDPs) and Site Improvement Plans (SIPS): Commercial and industrial: Clearing for all infrastructure improvements and for building pads shall be approved on the SDP or SIP site clearing plans. b) Residential SDPs: Clearing for the construction of the infrastructure, such as road rights-of-way, and drainage and utility easement areas shall be approved on SDP clearing plans Clearing of individual lots or blocks of lots may be approved. The limits of each separate stockpile must be clearly delineated and the area, height, cross-section, and volume of each individual stockpile must appear on the drawing referenced to the stockpile. Slopes must not be steeper than a ratio of 4:1. The type of vegetation to be removed must be shown on the drawing. The source of the material, such as lake number(lake #) for each stockpile must be indicated on the drawing and the amount of material excavated must justify the need to clear the proposed area. c. A portion of the 25 acres may be used to bring building lots to desired construction elevations. The area used to prepare lots shall not exceed 10 acres and those lots shall immediately be stabilized and seeded, to prevent erosion and exotic seed infestation. A separate VRSFP may also be obtained after SDP or PPL approval prior. iv. No VRSFP will be issued without first submitting copies of all required approved agency permits, regardless of whether the permit is for clearing and filling or simply filling a site. v. When a VRSFP authorizing up to 25-acres of clearing and filling is nearing capacity, permission to clear and fill up to an additional 25-acres to use excess lake material may be applied for with a new VRSFP application. vi. A VRSFP will be issued to authorize greater than 25 acres of residential, commercial, or industrial lots to store excess fill generated by lake excavations within the PUD or project where the excavation is taking place, when the property used for storing Draft - 8-2-04 excess fill has been previously cleared or has greater than 75% canopy of exotics. vii. Reve. etation: For VRSFPs within SUBDIVISIONS, a revegetation bond in the form of a performance bond, letter of credit, or cash bond and in the amount of$5,000.00 per acre must be posted. When fill is used to bring BUILDING LOTS to desired construction elevations those lots shall immediately be seeded, to prevent erosion and exotic seed infestation. All fill areas for lots or stockpiles must have erosion control silt fencing. Any stockpile in place for more than six months must be sodded or hydroseeded. Failure to do so within 14 calendar days of notification by the county will result in a fine of$10.00 per acre, per day. In the event that any portion of the stockpile is in place for greater than 18 months, the county will order the fill to be removed and the land to be revegetated. The density and type of revegetation must mimic nearby ecosystems, and must not be less than 64 trees per acre with associated mid-story and groundcover. Draft - 8-2-04