EAC Agenda 12/08/2003 ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
monday, December 8, 2003
9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building "F") — Third Floor
I. 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
VI. New Business:
VII. Council Member Comments
VIII. Public Comments
IX. Adjournment
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Council Members: Please notify the Environmental Services Department
Administrative Assistant no later than 5:00 p.m. on December 3, 2003 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.
November 5, 2003
ENVIRONMENTAL ADVISORY COMMITTEE
Board Meeting Room, 3rd Floor, Administration Building
3301 Tamiami Trail Naples, Florida 34112
9:00 A.M. November 5, 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: Thomas W. Sansbury, Chairman
William Hughes
Alfred F. Gal
Alexandra Ellis
Edward Carlson
Erica Lynn
Kenneth Humiston
Collier County Staff:
Patrick White, Assistant County Attorney;
Barbara Burgeson, Senior Environmental Specialist;
Stephen Lenberger, Environmental Specialist;
Fred Reischl, Principal Planner;
Russell Webb, Principal Planner;
Laura Roys,Environmental Specialist
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November 5, 2003
I. Roll Call
-The meeting was called to order at 9:00 o'clock a.m. A quorum was established.
Members: Alexandra Ellis, Erica Lynn, Thomas W. Sansbury, William
Hughes, Alfred F. Gal, Edward Carlson, Kenneth Humiston
Collier County Staff: Marjorie Student, Esquire; Patrick White, Esquire;
Barbara Burgeson; Donald Schneider; Stephen Lenberger; Fred Reischl;
Russell Webb
II. Approval of Agenda
-There were no additions to the agenda.
III. Approval of Meeting Minutes
A. August 6, 2003 Minutes
The minutes of August 6, 2003, were approved unanimously with
the insertion of the chemical analysis re Wiggins Pass.
B. October 1, 2003 Minutes
The minutes of October 1, 2003 meeting were approved
unanimously.
IV. Land Use Petitions
None
V. Old Business
None
VI. New Business
LDC Amendments —Cycle 3
2
November 5, 2003
Vanderbilt Beach RT Zoning Overlay.
-Mr. Sansbury recused himself from voting on matter regarding RLSA.
-Donald Schneider, Principal Planner, Community Development and
Environmental Services Division. discussed the proposed draft ordinance
regarding the Vanderbilt Beach RT zoning overlay. Overlay addresses issues the
homeowners have indicated they would like to have addressed, parking, set back
of buildings, height of buildings. No environmental problems or constraints.
There is potential for a Burt Harris Act claim.
-Diane Ketchum, President, Vanderbilt Beach and Bay Association, expressed
desire to reduce building height and density.
-David Depew, resident of Vanderbilt Beach, spoke on behalf of reduction of
r1 building height and density.
-There was discussion regarding the height of buildings on a barrier island being
an environmental issue.
-Joseph Connolly, resident, believes that the environment will be adversely
affected by raising the height limits of buildings.
-Carol Wright, Director, Vanderbilt Beach and Bay Association, spoke in favor of
height limitations, preserving character of neighborhoods, and more green space.
Ms. Wright also expressed concern about evacuation during storms.
-Dr. Richard F. Bing, resident, spoke in favor of maintaining or decreasing
density and height.
-B.J. Savard-Boyer, President, Vanderbilt Beach Property Owners Association,
expressed concerns about evacuation, loss of green space. Ms. Savard-Boyer
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November 5, 2003
stated that property will retain value without allowing more development,
regulations can be revised, favors height and density limitation.
-Douglas Fee, Vanderbilt Beach, President, North Bay Civic Association, wished
to lend support to the Vanderbilt Beach community, would like to see height
limits and lower density.
-Mr. Hughes recommended that the Environmental Advisory Committee start to
evaluate other states where these issues have become very intense and evaluate
including into Collier County's codes as to solar exposure, solar pockets, and
wind capacities.
Mr. Schneider pointed out that in 1991 when the LDC was adopted, the State
verified that it was in compliance with the comp plan and the densities were
set.and currently the comp plan says that existing properties are in compliance
with the comp plan. Mr. Schneider stated that he could not find indication that
the County has the right to lower heights or that there is an obvious need from the
LDC to lower the heights. Purpose of moratorium was to allow time to
investigate the issues and remedies.
-Ms. Lynn moved to support the Vanderbilt Beach communities' proposal for the
RT zoning.
-Mr. Sansbury added in those particular areas designated as 2.238, 6.4 and
2.2386.5 in regard to the height and density.
-Mr. Sansbury stated a motion that the draft ordinance as proposed by the
Vanderbilt Beach Residential Tier Overlay, as proposed by the various property
owners associations has been made and seconded and is open for discussion.
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November 5, 2003
-Mr. Sansbury stated that there is a motion on the table for discussion and there is
a suggestion of a revision by Mr. Gal.
-Ms. Lynn made a motion as follows: Because of the impacts on the fragile
coastal barrier island environment it is important to keep building heights and
density at a minimum and with that in mind the EAC is supporting the residents
proposals and recommending support of this ordinance in lieu of the staff
submitted ordinance.
The motion was passed 4 to 2 with Mr. Sansbury recusing himself.
-Mr. Hughes indicated a desire to adjourn the matter until receipt of further
information. Mr. Sansbury stated that it is the decision of the EAC to recommend
to the BCC denial of the County's proposed LDC change and recommend
approval of the property owners associations proposed LDC change, with a vote
of 4 to 2.
-Mr. Gal moved to reconsider the last vote. Ms. Ellis seconded the motion. It
was voted unanimously to reconsider the last motion.
A vote was taken on the last motion and the motion passed 6-0.
Bob Mulhair, RWA, Inc.,representing Collier County gave a presentation
outlining specific code requirements that deal with land use issues.
-Ms. Lynn questioned on Page 21 regarding the location of the rural village
wanting to know where the rural village is measured from. Mr. Mulhair
responded that it is from the rural village proper, greenbelt is not part of rural
village. Applicants must submit emergency preparedness plans. Greenbelt
should be large enough to discourage sprawl. Fiscal impact must be neutral.
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November 5, 2003
-Motion was made and passed unanimously approving Item A.
-Mr. Mulhair spoke regarding Tab B which deals with the conservation district
and changes to the conservation zoning district as a result of the eastern lands
analysis and the GMP amendments that were adopted. Oil and gas underground
rights are held by Collier Resources and their rights must be addressed.
-Motion was made approving Tab B, was passed unanimously.
-Mr. Mulhair spoke regarding Tab C amendment implementing the Rural Land
Stewardship Area design standards summarizing their intent. Light pollution is
not addressed, but should be and will be looked at. There is a requirement to do
an analysis of the impact on the infrastructure in case of disaster. More proactive
language regarding panther habitat was discussed. Mr. Hughes suggested that the
manufacturers of herbicides, fertilizers, and pesticides should bear the burden of
educating the population on environmentally safe use of their products.
-Nicole Ryan, Conservancy of Southwest Florida, spoke on behalf of standards
for golf course for sensitive habitats.
-Mr. Hughes made a motion to recommend approval of the Rural Land
Stewardship Area district with the addition that there are educational programs
provided by the manufacturers and suppliers of herbicides, fertilizers and
pesticides to homeowners, professionals or other users. Motion failed for lack of
a second.
-Motion was made to approve the staff recommendation for RLSA and was
seconded.
6
November 5, 2003
Discussion—it was suggested that a provision regarding design standards for
outdoor lighting, street lighting and other lighting that include Dark Sky design
standards be included in the plan.
-Motion was made to include having the staff continue discussions with the
Conservancy and other agencies regarding further discussions regarding golf
course standards for sensitive areas. Motion was seconded.
-Motion to recommend approval of the Rural Land Stewardship Area district with
the addition that there are educational programs provided by the manufacturers
and suppliers of herbicides, fertilizers and pesticides to homeowners,
professionals or other users, that there be a provision regarding design standards
for outdoor lighting, street lighting and other lighting that include Dark Sky
design standards included in the plan and that the staff continue discussions with
the Conservancy and other agencies regarding further discussions regarding golf
course standards for sensitive areas. Motion was seconded and passed
unanimously with Mr. Sansbury abstaining because his employer owns substantial
lands within the area in question.
-Mr. Mulhair discussed Tab D, Natural Resource Protection Overlay.
-Motion was made to recommend approval, seconded and passed unanimously.
Mr. Mulhair discussed the Tab E, North Belle Meade Overlay which is in the
rural fringe mixed use district.
-Motion was made to recommend approval of the North Belle Meade Overlay
amendment, seconded and passed unanimously.
7
November 5, 2003
-Mr. Mulhair discussed Tab F Essential Services. Osmosis is not directly
addressed but would be generally permitted.
-Motion was made to recommend approval of Tab F Essential Services, motion
was seconded and passed unanimously.
-Mr. Mulhair discussed Tab G Communication Towers.
-Stephen Lenberger,Environmental Specialist, Communication Tower LDC
amendment was brought about by the fringe amendments to determine review of
essential services in the rural fringe. Amendment should be adopted countywide
as it is unknown where birds will go. Requested that wires not be guide below
200 feet. "White strobe unless otherwise required by FAA" could be inserted into
amendment. After tower height of 200 feet, guidewires are necessary.
-Motion was made to recommend approval of the Tab G Communication Towers
amendment with the addition of the language white strobe unless otherwise
required by FAA, seconded and passed unanimously.
-Mr. Mulhair discussed Tab H Literal Shelf Plans. Rural fringe requirement will
be 30 percent. If there is a lake excavation, you are exempted from the literal
standards as long as there is a State reclamation plan in place; however, when use
is converted later then compliance with the literal standards is required.
-Motion was made to recommend approval of Literal Shelf Planning areas,
seconded and passed unanimously.
Mr. Mulhair discussed Tab I ,Transfer of Development Rights.
-Brad Cornell, Collier County Audubon, suggested including a TDR bank.
8
November 5, 2003
-Motion was made to recomend approval of Tab I Transfer of Development right,
motion was seconded and passed unanimously.
-Mr. Mulhair discussed Tab J Density Blending. Motion was made
recommending approval of Tab J Density Blending amendment, motion was
seconded and approved unanimously.
-Mr. Mulhair discussed Tabs K, L, and M, Environmental Impact Statements,
Vegetation Retention and Listed.
-Mr. Mulhair discussed Tab N.
-Nancy Payton, representing Florida Wildlife Federation suggested putting
definitions in alphabetical order.
-Bruce Anderson commented on the new definition for EIS indicating there has
.-� been language added at the end of the definition that refers to a requirement to
evaluate adjacent or neighboring properties; he is concerned there is nothing in
the Code stopping owner of property from clearing property; there are slander of
title issues. Mr. Anderson believes that the County should be the one that does
the objective evaluation of what is going on with surrounding lands. An
allegation of endangered species on a property might be considered by some as
slanderous because of the additional restrictions that would go with that. An
allegation could be made in error.
-Bob Krasowski, Zero Waste Collier County Group, suggested that if a claim
were made which was accurate and true it could affect the sale ability of a
property owner's property. Mr.Krasowski believes that more information should
9
November 5, 2003
be exposed rather than drawing back from exposing information because of
potential sensitivity issues.
-Motion was made to recommend approval of the amendment with modifications
alphabetical and removal of the last part of the EIS, or parcels adjacent to
neighboring properties and adding a definition of RLSA. The motion was
seconded, voted upon and passed 5-2, with Mr. Carlson and Ms. Lynn dissenting.
(The hearing recessed from 11:40 a.m. to 11:50 a.m.)
-Mr. Lenberger discussed Tab K EIS and proposed changes to its language.
-Mr. Lorenz explained that the Manatee Protection Plan requirement of a five
mile on water travel distance will probably be changed.
-Bruce Anderson spoke regarding listed species indicating that the amendment is
too vague regarding listed species.
-Motion approving recommendation of Tab K EIS amendment with
recommended changes, deletion of the last sentence in 3.8 .5.6b and the
recommended change to 3.8.5.7b as well as the second sentence deleted in
3.8.5.8a along with minor changes put on the record that staff has made, was
seconded, voted upon and passed unanimously.
-Ms. Burgeson discussed Section 3.9, Vegetation Removal, and outlined some
minor changes recommended by staff.
-Brad Cornell had concern about the County requiring removal of exotic
vegetation for both preserves and project sites and allowing that to count towards
mitigation.
10
November 5, 2003
,.--.., -Ms. Lynn expressed concern about the penalty language and that a fine may not
be sufficient deterrent to a developer. Ms. Burgeson stated that Code
Enforcement and the County Attorney take a look at the penalty language and
suggest changes.
-Motion was made to recommend approval incorporating changes read into the
record, delete some suggestions of Mr. Cornell, delete 3.8.56b referencing water
quality impacts.
-Motion was made by Mr. Hughes to make the proposed changes and bring the
matter back before the Board on December 3, 2003. The motion was seconded
and was unanimously approved.
-Ms. Burgeson discussed Page 172, Paragraph 3.11.33 which is new language
r-.N referencing Goal 7 in the Collier County Growth Management Plan.
-Mr. Lorenz explained there is a conflict between the Land Development Code
and the Growth Management Plan; a change needs to be made in the Growth
Management Plan.
-Nicole Ryan, Conservancy of Southwest Florida, discussed GMP amendment
changes, language in GMP is ambiguous and needs to be fixed. LDC need to
provide more clarification and needs to go further. Intent is to get language in
LDC that states that County does not have to defer to agency recommendations
when they are more lenient. It was indicated that the intent of the GMP
amendment was to allow for minor modifications to the guidelines.
-Stuart Miller, Project Manager for Wilson Miller, representing Echo, spoke
,--\ regarding LDC 3.11.3.3, agrees that language needs to be fixed and suggested that
11
November 5, 2003
County should have flexibility of their own policies or the recommendations from
Game and Fish or the Fish and Wildlife Service.
-Nancy Payton, representing Florida Wildlife Federation, wants wildlife to get the
best possible protection and indicated County is not doing best possible job of
protecting listed species and the County should adopt the most stringent measures
to protect wildlife. Perspective from other agencies is important.
-Mr. Hughes stated that it is the citizens of Collier County's right to legislate
more restrictive controls over our environment Mr. Hughes proposed that this
issue be adjourned until the next meeting when the language is specified and we
can review it again.
-Mr. Gal suggested that the language from the Conservancy be inserted into the
code amendments for 3.11.3.3.
-Mr. Sansbury suggested that staff be instructed to come back with something
agreeable to everyone, working towards the most restrictive standards.
-Donna Reed Caron,resident, spoke in support of Conservancy language.
-Doug Fee, President, North Bay Civic Association, spoke in favor of
Conservancy position. Mr. Fee believes that more time is needed to review
complicated amendments.
-Brad Cornell, Collier County Audubon Society, supports Conservancy position,
would like recommendation that County adopt its own policy and guidelines more
specific to Collier County.
-Mr. Hughes made a motion that with reference to 3.11.3.3 the language
ro suggested by the Conservancy be considered, the article be rewritten with the
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November 5, 2003
intent that Collier County maintain its autonomy, that all guidelines of all federal
and state level agencies will be considered, the one that is the most severe will be
the one that rules, deviations would be for reasons of national security, national
issues of infrastructures, things that affect us that we do not have control over.
The motion was seconded, voted upon and was passed unanimously.
-Ms. Burgeson discussed the Coastal Construction Setback Line Variance which
was approved at the last meeting and explained changes.
-Mr. Humiston asked regarding 3.13.5.5.1 rebuilding structures that have been
destroyed, how would buildings seawards of the setback line be affected.
Ms. Burgeson responded that new construction in front of line would have to
comply with new CCSL section and code unless it is destroyed by hurricane.
rr -Doug Fee stated that CCSL needs language prohibiting construction behind line.
-Mr. Hughes requested to spend one-half day with Environmental Code
Enforcement.
VII. Public Comments
-Bob Krasowski, Zero Waste Collier County Group, spoke regarding solid waste
management in Collier County, would like Board to check out environmental
components for collection of trash, and recyclables and organics, both
environmental and economic impacts, suggested need for open government,
problems not addressed openly and adequately.
Meeting of the Sunshine Law Public Record Ethics Law scheduled for Friday,
December 5, 2003, has been moved to December 12, 2003. Second date is
Wednesday, January 14, 2003, from 9:00 a.m. to 10:30 a.m.
13
November 5, 2003
There being no further business for the good of the County, the meeting was
adjourned by order of the Chair at 1:35 p.m.
Collier County Environmental
Advisory Committee
Thomas Sansbury, Chairman
14
Item IV.A
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF DECEMBER 8, 2003
I. NAME OF PETITIONER/PROJECT:
Petition No.: Planned Unit Development
No. PUDZ-2003-AR-3764
Petition Name: St. John The Evangelist
Catholic Church PUD
Applicant/Developer: John J. Nevins,
Bishop of the Diocese of Venice
Engineering Consultant: Planning Development Incorporated
Environmental Consultant: Collier Environmental Consultants, Inc.
II. LOCATION:
The subject property is located on the north side of 111th Ave, approximately %
mile east of Vanderbilt Drive, and approximately 3/4 mile west of U.S. 41, in
Section 21, Township 48 South, Range 25 East, Collier County, Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
Surrounding properties are mostly developed with the following zoning
designations.
ZONING DESCRIPTION
N - PUD (Collier Tract 21) Developed
S - R.O.W. 111th Ave.
E - Agricultural (Naples Park Elem. School) Developed
RSF-4 Developed
W - PUD (Northshore Lake Villas) Developed
Agricultural (Naples Memorial Gardens) Partially Developed
EAC Meeting
Page 2 of 7
IV. PROJECT DESCRIPTION:
The St. John the Evangelist PUD was originally approved by Collier County
Ordinance Number 90-73 on September 25, 1990. That approval rezoned the
subject 14.89± acres from A-2 to PUD to allow for the development of for a house
of worship as the principal use, and a rectory, community hall and educational
facilities as accessory uses. Ordinance Number 2002-02 amended that PUD
Ordinance on January 11, 2002. That amendment revised the PUD Master Plan
and PUD Document approved in 1990 to provide two additional principal uses
and a variety of accessory uses on the then undeveloped 5.7 acres located in the
north portion of the PUD. In addition to the existing principal use, a 1,000-seat
house of worship, the petitioner added an adult congregate living facility
(maximum 125 dwelling units) and a school. The accessory use list provided for
optional facilities such as a parish life center, a health and fitness center, an adult
care facility, maintenance and storage facilities, a swimming pool and recreational
facilities such as boardwalks, nature trails, picnic area, playgrounds, and fitness
trails. The existing rectory (residential), the existing parish hall (life center), and
the proposed school were previously approved by the existing PUD Document
and Master Plan. That amendment also reduced the rear yard setback from 50 feet
to 25 feet, and the side yard setbacks from 30 feet to 15 feet.
The current petition seeks to amend the PUD Master Plan to eliminate the 125-
unit Adult Assisted Living Facility and the rectory from the list of permitted uses;
change the school, fitness center and day care centers from principal uses to
accessory uses, and add several other miscellaneous uses to the accessory use list.
The amendment also proposes to reduce the native vegetation preservation
requirements from 25 percent to 15 percent in compliance with LDC Section
3.9.5.5.4, based upon a determination that the project is no longer a mixed used
project because the residential portion has been eliminated. This amendment
establishes property development regulation for building setbacks and minimum
distance between building that had been overlooked in the previous amendment
and proposes perimeter landscape buffering to address existing conditions. The
petitioner is reducing the intensity of the project from what the agent projected to
have been a potential 151,000 square foot development, to the current proposal
that provides for a maximum of 84,000 square feet of development. In addition,
the petitioner has agreed to make changes to the PUD document to bring this PUD
document into conformance with current PUD document standards by addressing
signs and polling places, and upgrading transportation commitments upon 111th
Avenue.
EAC Meeting
Page 3 of 7
V. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The subject property is designated as Urban(Urban Mixed-Use, Urban
Residential Sub-district) as identified on the Future Land Use Map of the Growth
Management Plan. Relevant to this petition, Urban Designation Areas allow non-
residential uses, including community facilities, such as churches and related
facilities and schools, and open space uses. The existing PUD document was
found consistent with the Growth Management Plan(GMP) in 1990 and again
when amended in 2000.
FLUE Policy 5.4 requires that all new developments be compatible with and
complimentary to the surrounding land uses. This project has been developing in
concert with other growth in the neighborhood without any apparent issues of
incompatibility. Based upon the above analysis, staff concludes the proposed uses
for the subject site can be deemed consistent with the Future Land Use Element.
Conservation & Coastal Management Element:
The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of
the Conservation & Coastal Management Element, for the following reasons:
Fifteen percent(15 %) of the existing native vegetation will be retained or
mitigated for on-site, and set aside as preserve areas with conservation easements
prohibiting further development.
Off-site mitigation within the Panther Island Mitigation Bank will be placed under
a conservation easement prohibiting development.
Preservation of gopher tortoise habitat(xeric scrub) has been identified. On-site
preservation and mitigation/re-vegetation areas are interconnected with adjoining
off-site preserves and will act as a corridor for the movement of listed species
(gopher tortoises).
Habitat management and exotic vegetation removal/maintenance plans will be
required at the time of Site Development Plan/Construction Plan submittal.
Preserve areas shall be required to be maintained free of Category I invasive
exotic plants, as defined by the Florida Exotic Pest Plant Council.
The requirement for an Environmental Impact Statement (EIS)pursuant to Policy
6.1.8 has been satisfied.
EAC Meeting
Page 4 of 7
Jurisdictional wetlands have been identified and their boundaries established,
pursuant to Policies 6.2.1 and 6.2.2. Agency permits shall be required prior to Site
Development Plan/Construction Plan approval. As stated in Policies 6.2.3 and
6.2.4, where permits issued by jurisdictional agencies allow for impacts to
wetlands within the Urban 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.
In accordance with Policy 6.2.6, required preservation areas are identified on the
PUD master plan. Allowable uses within the preserve areas are identified in the
PUD document.
A wildlife survey for listed species in accordance with Policy 7.1.2 is included in
the Environmental Impact Statement (EIS). Wildlife habitat management plans for
listed species will be required at the time of Site Development Plan/Construction
Plan submittal. Permits from the Florida Fish and Wildlife Conservation
Commission (FFWCC)have been obtained, and listed species have been relocated
according to the requirements of the permits issued by the agency, as required by
Policy 7.1.4.
VI. MAJOR ISSUES:
Stormwater Management:
The changes to this PUD document proposed by the owner do not require
engineering review comments at this time.
Environmental:
Site Description:
The front (southern) portion of the PUD is currently developed as a church with
an existing sanctuary, parish life center, memorial garden, parking areas, access
drive and water management system. Existing native habitats are located on the
undeveloped portion of the property, and consist of 4.65 acres of xeric scrub and
0.59 areas of wet prairie.
Wetlands:
The only wetland on site is a 0.59 acre wet prairie vegetated with St. John's wort,
blue maidencane, buttonbush and primrose willow. This area is currently part of
the water management system for the project, and will be mitigated for in its
entirety through the purchase of 0.59 credits at Panther Island Mitigation Bank.
EAC Meeting
Page 5 of 7
Preservation Requirements:
Elimination of the residential component of the project reduces the native
vegetation preservation requirement from 25% to 15%, since the project is no
longer classified as a mixed-use development. For this site a minimum of 2.23
acres (.15 x 14.89 acres) of native vegetation will have to be retained and/or
replanted on-site. The PUD master plan identifies 0.82 acres of preservation and
1.38 acres of mitigation.
Listed Species:
The only threatened and/or endangered species encountered on the property were
gopher tortoises. A relocation permit was obtained from the Florida Fish and
Wildlife Conservation Commission (FFWCC) on June 4, 2002 to relocate
tortoises to the Caloosahatchee Regional Park in Lee County. In total 19 tortoises
were relocated. St. John the Evangelist Church also paid Lee County Parks and
Recreation, $13,500 for maintenance and re-vegetation of the relocation site. A
copy of the Gopher Tortoise Relocation Report and Report Form transmitted to
the FFWCC is included in the Environmental Impact Statement (EIS).
Pursuant to a subsequent Collier County Staff site visit and observation of signs of
gopher tortoise activity on-site, an updated survey was performed, with two active
gopher tortoise burrows, each supporting a gopher tortoise, found on site. One
burrow is located in the proposed 0.82 acre scrub preserve located on the west
side of the property, and the other in the north-east corner of the site. Application
was made to the FFWCC and a Special Gopher Tortoise Relocation Permit
obtained from the agency.
VII. RECOMMENDATIONS:
Staff recommends approval of Planned Unit Development No. PUDZ-2003-AR-
3764 "St. John The Evangelist Catholic Church PUD" with the following
stipulations:
Stormwater Management:
No additional stipulations.
Environmental:
No additional stipulations.
EAC Meeting
Page 8 of 9
PREPARED BY:
(Ai/
lgIvo v03
STAN CHRZANOW , P.E. DATE
ENGINEERING RE +! W MANAGER
ENGINEERING SERVICES DEPARTMENT
II/94,
ST PHEN LENBERGER DATE
ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
6-01-eitn-LJ 11-19- 03
KAY .04 LEM, AICP DATE
PRINC I'AL PLANNER
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
REVIEWED BY:
,I /34A-4- (5-1-- i/� - L3
BARBARA S. BURGESO DATE
PRINCIPAL ENVIRONMENTAL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
EAC Meeting
Page 9 of 9
I .
� ..,� I /5-03
I LIAM D. L Of NZ, r., P.E., DIRECTOR, DATE
ENVIRONMENTAL SERVICES DEPARTMENT
'4 4 LaktAiLiuci .6-1 •
USAN MURRAY, AICP, INTERIM DIRECTOR, DA E
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
APPROVED BY:
...asier3
J'i• PH K. SCHMITT, ADMINISTRATOR, AT
�i MMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
LDC amendments Cycle 3
Tab L Vegetation
In a meeting on November 24, 2003 the CCPC approved the proposed changes to "Tab L,
3.9, Vegetation Removal, Etc." as shown in the document in your EAC packages. In
addition to the documented changes to 3.9, the CCPC made a motion to include the
following changes:
1) Put a period after the phrase `agriculturally zoned property' in 3.9.4.3.D.3 and
add a sentence that more clearly defines when an exception for essential
services is appropriate. (The exact language will be provide prior to the EAC
meeting)
2) Replace the language in 3.9.5.3.B l.b. with language that prohibits using
exotic vegetation removal as mitigation for wetland impacts because it is an
obligation for all development orders. (The exact language will be provide
prior to the EAC meeting)
3) Delete the phrase 'or to obtain a density bonus' from the end of 3.9.8.2.7.
4) In 3.9.9.3 make the following change, "...the applicant shall be required to
remove on single-family and two-family lots for all new principal or
accessory structures and major any additions to the square footage of any
principal or accessory structures, all prohibited exotic vegetation before a
certificate of occupancy is granted. ..."
Tab M Listed Species
Staff met with the environmental groups and other interested parties to attempt to adopt
language that would provide the greatest protection to listed species consistent with the
GMP policy. The CCPC wished to do the same. However the legal council for the
County determined that it was not appropriate to make those changes in the LDC without
first amending the GMP's ambiguous language. With that legal advice in mind, the
CCPC voted to accept staff's proposal in the protected species tab (3.11) as follows:
Replace 3.11.3.3 with the following language directly from GMP Policy 7.1.2 (3)
The County shall, consistent with applicable GMP policies, consider and utilize
recommendations and letters of technical assistance from the Florida Fish and Wildlife
Conservation Commission and recommendations from the US Fish and Wildlife Service
in issuing development orders on property containing listed species. It is recognized that
these agency recommendations, on a case by case basis, may change the requirements
contained within these wildlife protection policies and any such change shall be deemed
consistent with the Growth Management Plan.
Tab K EIS
The following changes were made to the Tab K (EIS 3.8) and approved by the CCPC:
• Deleted the explicit reference for the methodology to address water quality
analysis
• Changed listed species reference to those species that are known to
• Deleted reference to the 5-mile travel distance
• Required soil and ground water monitoring for sites that occupy old farm fields or
golf courses
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11/24/03 DRAFT
TAB K
3.8
ENVIRONMENTAL IMPACT STATEMENTS
TAL#531108.4 1
t .
11/24/03 DRAFT
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
TAL#531108.4 2
3.8.9 FEES
3.8.10 APPEALS
Division 3.8 ENVIRONMENTAL IMPACT STATEMENTS (EIS)
3.8.1 No change.
Sec. 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 of such decisions upon the
environment, to encourage projects and developments that will:
--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 3.8.9, 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.
TAL#531108.4 3
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, • : . -- . . . - -
designated agent 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 ecological or biological professional experience if substituting for academic
credentials.
Sec. 3.8.5. Information required for application.
3.8.5.1.Applicant information.
2. Owner(s)/agent(s)name, address.
3. Affidavit of proof of authorized agent.
3.8.5.2. Development and site alteration information.
1. Description of proposed use.
2. Legal description of site.
3. Location and address description.
3.8.5.3. Mapping and support graphics.
1. General location map.
. _ . .. .
having a scale of one inch equal to at least 200 feet when available from the county,
otherwise, a scale of at least one inch equal to '100 feet is acceptable. Information
TAL#531108.4 4
/1. Existing land use of site and surrounding area.
5. Soils map at scale consistent with that used for Florida Department of Transportation
Florida Land Use Cover and Forms Classification System determinations.
6. Proposed drainage plan indicating basic flow patterns, outfall and off site drainage.
3.8.5.4. Impact categories.
3.8.5.1.1. Biophysical.
1. Air quality.
a. Changes in level of air pollutants as defined by current regulations.
b. Number of people that will be affected by air pollution resulting from the project.
c. Procedures that will be use [used] to reduce adverse impacts of air pollution.
2. Water quality.
b. Inventory of water uses that are restricted or precluded because of pollution levels
resulting from this project.
c. Person affected by water pollution resulting from the project.
3. Physiography and geology.
a. A description of the soil types found in the project area.
d. Proposed modifications to natural drainage patterns.
c. Extent of impervious surface and percent of groundwater recharge area,to be
covered.
g. Increased siltation in natural water bodies resulting from the proposed use.
/1. Wetlands.
.
b. Determine present seasonal high water levels and historical high water levels by
c. Indicate how the project design improves/affects predevelopment hydroperiods.
d. Indicate proposed percent of defined wetlands to be impacted and the effects of
c. Indicate how the project design minimizes impacts on wetlands.
f. Indicate how the project design shall compensate for the wetland impacts
5. Upland utilization and species of special status.
n
TAL#531108.4 5
•
d. Provide a plant and animal species survey to include at a minimum, species of
6. Marine and estuarine resources.
a. Provide current State of Florida classification of the waters (Florida
Administrative Code, chapter 17 3).
b. Define number of acres of marine and estuarine resources by submerged grass
c. Indicate proposed percent of defined marine and estuarine resources to be
resources.
c. Estimate changes in the sport fishing effort and catch.
f. Provide past history of any environmental impacts to the area including oil spills.
resources,
functions,
7. Noise.
a. Describe the changes in decibels and duration of noise generated during and after
the project(both day and night)that will exceed Collier County regulations.
b. Describe steps that will be taken to reduce noise levels during and after the
Prejeet
c. Protect compliance with Federal Aid Highway Program Manual 7 7 3.
3.8.5.11.2. Public facilities and services.
1. Wastewater management.
a. Describe existing treatment facilities as to capacity, percent capacity being used,
type of treatment and degree of treatment.
b. If applicable, describe similar features of proposed new treatment facilities.
c. Describe the character and fate of both liquid and solid effluents.
2. Water supply.
b. Source of the raw water supply.
c. Analysis of on site treatment systems relative to state and county standards.
3. Solid wastes.
a. Estimate of average daily volume of solid wastes.
n •-
TAL#531108.4 6
c. Any plans for recycling or resource recovery.
'1. Recreation and open spaces.
a. Acreage and facilities demand resulting from the new use.
c. Management plans for any open water arms if one half acre or more within the
Iffejeet
f. Development and/or blockage of access to public beaches and waters.
5. Aesthetic and cultural factors.
the project area.
b. Locate any known historic or archaeological sites and their relationships to the
proposed project design.
c. Demonstrate how the project design preserves the historic/archaeological
integrity of the site.
d. Indicate any natural scenic features that might be modified by the project design
6. Monitoring.
a. Describe the design and procedures of any proposed monitoring during and after
Sec. 3.8.6. Specifics to address.
3.8.6.1. General. The statement should specifically address the following:
t.
prepesed
• -
of a course of action are clear, not arbitrary or capricious.
3.8.6.1.1. List immediate shortterm and longterm impacts to the environment.
3.8.6.1.5. List any irreversible and irretrievable commitments of natural resources which would
TAL#531108.4 7
Sec. 3.8.7. Additional data.
order to make a thorough and exact evaluation 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 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 Disticts, 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
TAL#531108.4 8
(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.
C. For sites already cleared and in agricultural use,provide documentation that the parcel(s)
are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation
and Coastal Management Element of the Growth Management Plan and 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. What is the anticipated control elevation(s) for the 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. How have impacts
to wetlands been minimized? 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
TAL#531108.4 9
District, and where higher quality wetlands are being retained on-site, provide
justification based on the Uniform Mitigation Assessment Method.
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 26, 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. A _ . -- . !, . • • Ai . . -•- y
... -- - .
;
that described in Evaluation of Alternative Stormwater Regulations for Southwest
Evaluation of Alternative Stormwater Regulations for Southwest Florida, Final Report
Revised September 8, 2003.)
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, species of special
status 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. State actual survey times and dates, and provide a map
showing the location(s) of species of special status identified on-site.
B. List 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. What
measures are proposed to mitigate for impacts to state and federally listed species?
D. Provide habitat management plans for each of the species of special status know to occur
on the property. For sites with bald eagle nests and/or nestprotection 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.
3.8.5.8 Other:
TAL#531108.4 10
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. Include an exhibit showing the five mile on water travel distance of boat
traffic, as required in the Manatee Protection Plan, Section 2.6.22.
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 may 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
n 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.
3.8.9, 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. Bena-fide-aAgricultural uses where an 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 of ten twenty-five years after the agricultural uses commence
and provided that the subject property does not fall within an ACSC or ST zoning overlay.
3.8.9.1.2. Such agricultural use shall be conducted in a manner which meets all state and local
TAL#531108.4 11
3.8.9.1.3. Bona fide agricultural uses shall be the same as those defined in section 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
fallowing criteria set forth below, provided that the subject property does not fall within an
ACSC or ST zoning overlay: ' • - .. _ . • . .. • • '--
director designee shall inspect the site and write a report, which shall be filed in the public
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.
3.8.9.2.1. 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.
3.8.4&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.
3.8.4-1- 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.
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.
TAL#531108.4 12
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.
e
TAL#531108.4 13
r< �
r �
11/24/03 DRAFT
TAB L
3.9
VEGETATION REMOVAL, ETC
TAL#531109.5 1
11/24/03 DRAFT
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 OF 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
TAL#531109.5 2
3.9.5.1 PURPOSE
3.9.5.2 URBAN LANDS
3.9.5.3 RFMU DISTRICT
A. STANDARDS
B. MITIGATION
1. MITIGATION REQUIREMENTS
2. MITIGATION INCENTIVES
3.9.5.4 ESTATES AND RURAL-SETTLEMENT AREAS
3.9.5.5 RLSA OVERLAY
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 REQUIREMENTS
n
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 REMOVAL AND CONTROL
3. DESIGNATION OF A PRESERVE MANAGER
TAL#531109.5 3
I
4. WILDLIFE HABITAT MANAGEMENT
5. PROTECTION DURING CONSTRUCTION AND SIGNAGE AFTER
CONSTRUCTION
H. ALLOWABLE USES WITHIN PRESERVE AREAS
3.9.7.2 INSPECTIONS AND MAINTENANCE
3.9.7.3 REQUIRED SETBACKS TO PRESERVES
3.9.8 VEGETATION PROTECTION AND REMOVAL STANDARDS
3.9.8.1 VEGETATION PROTECTION STANDARDS
A. GENERAL
B. FILLING AND CONSTRUCTION DEBRIS
C. ATTACHMENTS
D. EXCAVATION
E. PROTECTIVE BARRIERS
1. INSTALLATION OF PROTECTIVE BARRIERS
2. DESIGNATION OF REPRESENTATIVE
3. PROTECTION OF ALL AREAS OF VEGETATION
n 4. PROTECTION OF INDIVIDUAL TREES
3.9.8.2. CRITERIA FOR REMOVALAND/OR RELOCATION OF
PROTECTED VEGETATION
A. STANDARDS
B. VEGETATION RELOCATION PLAN
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
TAL#531109.5 4
+ Y
n C. REVIEW PROCEDURES
1. ISSUANCE OF PERMIT
2. DENIAL OF PERMIT
3. PERMIT FEES
D. VEGETATION REMOVAL PERMIT EXCEPTIONS
3.9.9 AGRICULTURAL LAND CLEARING
3.9.10.2.AGRICULTURAL LAND CLEARING
A. LAND CLEARING PERMIT
1. APPLICATION
2. DETERMINATION OF COMPLETENESS
3. CRITERIA 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 PENALITIES
A. FINES
B. RESTORATION
3.9.11.2 CORRECTIVE MEASURES
A. MITIGATION
B. REQUIREMENTS FOR A MITIGATION PLAN
C. SITE-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 maybe cited as the "Collier County
n Vegetation Removal, Protection and Preservation Regulations."
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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 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. Development in NBMO Receiving Lands are exempt from the provisions of this
Division.
B. Seminole and Miccosukee Tribe Exception. Except that iln 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 large 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.
n
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
TAL#531109.5 6
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 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 or in order to entitle the property owner to
... . . . -- • . - . . . . 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.
3.9/1.1. Other permits required. No vegetation removal permit shall be issued by the planning
services director until all applicable federal and state, and county approvals as designated by
not limited to:
Building permits. (Except in accordance with section 3.2.8.3.6. of this Code.)
Special treatment (ST) development permits.
U.S. Army Corps of Engineers permits or exemptions.
U.S. Fish and Wildlife Service permits or exemptions.
South Florida Water Management District permits or exemptions.
TAL#53 1109.5 7
3.9.1.2.Application contents. Application for a vegetation removal permit shall be submitted to
duet.
3.9.4.2.1. A generalized vegetation inventory which includes:
1. Generalized vegetation inventory. A generalized vegetation inventory shall show the
impfeveffients7
2. Generalized written assessment and evaluation. The generalized vegetation inventory
been identified on the site. The assessment shall - . . . - . . . - •- - •,•
other physical characteristics and factors which may affect their preservation. The
3.9.4.2.2. A site plan which includes:
1. Property dimensions.
2. Location of existing infrastructure and alterations.
TAL#531109.5 8
5. Specific identification of all specimen trees.
6. Designation of all protected vegetation proposed for removal.
$. Description of any proposed alteration of mangroves.
9. Description of any proposed maintenance trimming of mangroves.
3.9.1.2.3. An executed statement which includes:
1. Name, address, and phone of property owner.
2. Name, address, and phone of authorized agent and on site representative.
3. Proof of ownership.
. Legal description.
5. Reason for proposed removal.
6. Method to distinguish vegetation to be removed f :-- -_ . • . : - - . . :
method of removal. It should be noted that the root system of the vegetation shall also be
protected.
7. Signature of property owner or copy of a specific contract signed by property owner.
3.9.1.2.4. Vegetation relocation plan.
director.
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.
TAL#531109.5 9
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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,
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#531109.5 10
ss
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 2504 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 existing
vegetation retention standards and the proposed uses allowed under this Code,
provided that Section 3.9.7.1.E shall then apply.
TAL#531109.5 11
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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 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.
D. General Exceptions.
TAL#531109.5 12
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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 (+1-360 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 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 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 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
TAL#531109.5 13
1
II
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 Countywill relyon the jurisdictional determinations made by the applicable
Y J
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.
. . • . m 164•,%•••11. 1 :�iic.a.a- .
cite, regardle;,s of whether the preservation of these wetlands x= -'s *.h '-r ^.go
met by preserving these on site wetlands with the highes Pincti^n li*.y scores.
TAL#531109.5 14
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 whether the
reservation of these wetlands exceeds the acrea.e re•uired 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
n 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.
P—•
TAL#531109.5 15
I t I
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.
vegetative communities offered as mitigation by placing a conservation
casement over the land in perpetuity, providing for initial removal of Class I
Exotics and continuing exotic plant maintenance, as provided in the
management plan required by Section 3.9.7.1.F.
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.
3.9.5.4. Estates, and Rural-Settlement Areas, and ACSC. In the case of lands located within
Estates Designated Area, and the Rural Settlement Area, and the ACSC, the County shall
TAL#531109.5 16
rely on the wetland jurisdictional determinations and permit requirements issued by the
applicable jurisdictional agency, in accordance with the following:
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 or parcels.
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;
TAL#531109.5 17
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.
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
TAL#531109.5 18
set-aside on the PUD Master Plan with the remaining 25% identified at the time of
the next development order submittal.
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
having 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 aproperty 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 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 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
TAL#531109.5 19
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 1/2 acre in size) of native vegetation exist on
site. In cases where retention of native vegetation results in small isolated areas of
%2 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; five 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.
c. The minimum dimensions shall apply as set forth in 3.9.4.1.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
TAL#531109.5 20
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 maintenance of the preserve, in perpetuity. The Preserve Manager must have
experience in native habitat protection/restoration, as identified 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.
TAL#531109.5 21
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
the purpose 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.
B. 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.
TAL#531109.5 22
�-. 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.
Sec. 3.9.5:8. Vegetation Leval,pProtection and Removal&Standards.
3.9.5: 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.'1. 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.
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.
TAL#531109.5 23
2}b.Who shall be responsible for supervising the removal of all existing vegetation
permitted to be removed or altered.
3,c.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.
4d.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 :. -: . - •-: • - ••: if it is determined that reasonable efforts have
been undertaken in the layout and design of the proposed development to preserve existing
vegetation and to otherwise enhance the aesthetic appearance of the development by the
incorporation of existing vegetation in the design process. Relocation or replacement of
vegetation may be required as a condition to the issuance of an approval in accordance with
the criteria set forth in this 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.
•
the criteria set forth in this division.
3.9.5.2.6. 5.Protected vegetation proposed for removal is nonnative. Replacement of
nonnative vegetation shall be with native vegetation : .• • . - . •: . • . • -
TAL#531109.5 24
and shall be subject to the approval of the development services director or his/her
designee. In the event that comparable caliper or diameter at breast height(dbh)
requirement for this vegetation shall be on a 1:1 basis, using 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; five 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.
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 or to obtain a density bonus.
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.
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.
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.
3.9.5.3.8_3. Management Plan and Inspections.
TAL#531109.5 25
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.
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.
3.9.5.4. 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 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 incorporate at a
3.9.5.5.2 All new developments shall retain existing native vegetation to the maximum extent
possible; especially where said native vegetation exists within required buffer areas. When
protected species are identified on site, priority shall be given to preserving these habitats
first, as a part of the retained native vegetation requirement (sec section 3.11.3ho
management of these areas). Where the required minimum retained vegetation percentage
system design or approved construction footprints necessitate its removal. The need to
remove additional existing native trees shall be demonstrated by the applicant as part of the
vegetation removal review process. When required to be removed, existing viable native
• -
and-maintenance:.
3.9.5.5.3. All new residential or mixed use developments greater than two 1/2 acres in the
coastal management area as defined in the 1989 edition of the future land use element of the
the 1989 edition of the future land use element of the county growth management plan shall
TAL#531109.5 26
management of these areas). When several different native plant communities exist on site,
-
should the wetlands alone constitute more than 25 percent of the site. Exceptions, by means
of mitigation in the form of increased landscape requirements, shall be granted for parcels,
larger plant materials so as to more quickly re create the lost mature vegetation. Such re
vegetation shall apply the standards of section 2.1. . . -• .:-, _ . . . . .. .
•- . ' . . - , . . . . _ . •, . _ - . • -
requirement.
3.9.5.5.4. All other types of new development not referenced in section 3.9.5.5.3 above,
including but not limited to 1)residential or mixed use developments under the thresholds
set forth in section 3.9.5.5.3; 2) commercial development; and 3) industrial development
retained native vegetation requirement (sec 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 be retained, including the understory and ground cover.
For new development five acres or greater, a minimum of 15 percent of the native vegetation
on site (by area), shall be retained, including the understory and ground cover. Preservation
(ground cover, shrubs and trees),utilizing larger plant materials so as to more quickly re
•,•4• - - ---, - - . : _ . _ . . . . . - . - •- • . • - - • -
TAL#531109.5 27
spread and a dbh(diameter at breast height) of three inches. Previously cleared parcels, void
of native vegetation, shall be exempt from this requirement.
3.9.5.5.5. Bona fide agricultural uses shall be exempt from the above preservation requirements
horticulture; fruit and nut production; forestry; groves; nurseries; ranching; poultry and egg
production; livestock raising; and agriculture for native species subject to State of Florida
this Code at the time the clearing occurred. -- ..• . . . - • • . . • .
cervices administrator, or his/her designee, may grant written exemptions to the above
provided for in section 2.6.9) and cemeteries, where it can be demonstrated that it is in the
best interest of the general public to allow a reduction in all or part from the requirements for
3.9.5.5.6. Native Preserve Criteria
1.,Idcntification. Native vegetation that is required to be preserved pursuant to 3.9.5.5 shall
be set aside in a Preserve. Areas set aside as preserves shall be labeled as "Preserve"on
all site plans.
a.twenty feet, for property less than ten acres.
b.an average of thirty feet in width but not less than twenty feet in width, for property
acres and greater.
3. Created Preserves. Where created preserves are approved, the landscape plan shall re
• •- •. . • - . ., •. . . - - - -- : -
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
be used to recreate:
i. not more than one acre of the required preserves if the property has less than twenty
acres of existing native vegetation.
TAL#531109.5 28
ii. 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.
iii. not more than 10% of the required preserves if the property has equal to or greater
than eighty acres of existing native vegetation.
b. The minimum dimensions shall apply as set forth in 3.9.5.5.6.2.
c. All perimeter landscaping areas that are requested to be approved to fulfill the native
all preserve setbacks.
d. Created preserve exceptions may be granted:
i. 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
forth in Created Preserves. This exception may be granted, regardless of the size
of the project.
ii. when small isolated areas (of less than Y2 acre in size) of native vegetation exist on
cite. In cases where retention of native vegetation results in small isolated areas of
forth in Created Preserves and shall be created adjacent existing native vegetation
may be granted, regardless of the size of the project.
.. .I. •
Required Setbacks to Preserves. All principal structures shall have a minimum 25 foot
setback from the boundary of any preserve. Accessory structures and all other site
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
5. Invasive Exotic Vegetation Removal and Maintenance Plans. Exotic vegetation removal
and maintenance plans shall require that category I exotics be removed from all
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
physical removal might cause more damage to the native vegetation in the preserve.
TAL#531109.5 29
and a visual tracer dye shall be applied. A maintenance plan shall be implemented on a
yearly basis at a minimum, or more frequently when required to effectively control
exotics, and shall describe specific techniques to prevent reinvasion by prohibited exotic
vegetation of the site in perpetuity. The plan shall be approved prior to the issuance of
6. Exemptions. Applications for development orders authorizing site improvements, 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 the each phase of the requirement
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#531109.5 30
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 major additions to 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 of a
building permit.
3.9.10 Required 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:
1. A generalized vegetation inventory which includes:
TAL#531109.5 31
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, horticulturist,
landscape architect, or certified nurseryman.
r•.1 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.
b. Name, address, and phone of authorized agent and on-site representative.
c. Proof of ownership.
d. Legal description.
TAL#531109.5 32
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, a
. . . - . •. . ---• - . . . - .. - . _ . 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 dDepartment 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 county manager or his designee. The development services director and for
. • . . - . ---• - . . • - . _ -• . _ - 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 unless
The board of county commissioners shall establish and adopt,by resolution, a
. . - _. . - . -- - . . : as established by resolution of the
bBoard of eCounty eCommissioners.
3.9.10. 1. D. Vegetation Removal Permit Exceptions
a. !. . _• • . . . -- . . :
• (1) Australian pine (Casuarina spp.).
(2) Melaleuca(Melaleuca spp.).
(3) Brazilian pepper(Schinus terebinthifolius).
�-• (1) arleaf acacia(Acacia auriculiformis).
(5) Catclaw mimosa(Mimosa pigra).
TAL#531109.5 33
(6) Java plum(Syzygium cumini).
(8) Women's tongue (Albizia lebbeck).
(9) Climbing fern(Lygodium spp.).
(10) Air potato(Dioscorea bulbifera).
(11) Lather leaf(Colubrina asiatica).
3.9.10.1.2. 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:
(1-) a. A building permit has been issued for the permitted principal structure (the
building permit serves as the clearing permit), or
(-23 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.
met:
(1)The property is to be used for a bona fide agricultural use as defined by this Code and
t„ e-
3.9.10.4.1. 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.
3.9.10.1.5. 3. A vegetation removal permit is not required for the removal of protected
vegetation : • -- -- 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.
3.9.10.1.6. 1. 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
swatch swath that is less than three feet in width.
TAL#531109.5 34
•
3.9.10.1.7. 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.
3.9.10.4.8. The Collier County planning commission 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. Relief shall be granted only upon demonstration by the
landowner or affected party that such hardship is peculiar to the affected property and not
- - .. . -: . -- _rant of a variance will be consistent with the intent of this
division and the growth management plan.
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. Prohibited exotic vegetation includes:
a. Australian pine (Casuarina spp.).
b. Melaleuca (Melaleuca spp.).
c. Brazilian pepper(Schinus terebinthifolius).
d. Earleaf acacia(Acacia auriculiformis).
e. Catclaw mimosa(Mimosa pigra).
f. Java plum(Syzygium cumini).
g. Downy rosemyrtle (Rhodomyrtus tomentosus).
h. Women's tongue (Albizia lebbeck).
i. Climbing fern(Lygodium spp.).
j. Air potato (Dioscorea bulbifera).
k. Lather leaf(Colubrina asiatica).
1. Carrotwood (Cupaniopsis anacardioides).
3.9.6.5.10.2 Agricultural land clearing.
A. Land Clearing Permit. A permit for clearing of agriculturally zoned land for bona fide
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 this 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
TAL#531109.5 35
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:
(-1}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 may be simultaneously
reviewed with the agricultural clearing permit application.
94 b. The application, including generalized vegetation inventory and clearing plan
as outlined in sections 3.9.4.2.1, 3.9.4.2.2 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.
(3-) 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.
n (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
TAL#531109.5 36
n 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 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 applicable, 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.
appy}
3.9.6.5.3. Criteria for review of application. Review of the application for an agricultural
clearing permit shall commence upon i muanee-ef the determination of completeness
or modified determination of completeness . -: -. . . - . . • • ! :. .•
data and or information from the applicant. The following criteria shall be utilized by
staff in reviewing an application for issuance of an agricultural clearing permit:
2a.An on-site inspection has been made by staff, if indicated.
fib.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#531109.5 37
c. Additional data and or information required by the eCounty to address
environmental impacts shall be submitted by the applicant
. . . . - I ., .. •.. . • - .G.:. .
3.9.6.5.'1. 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_ -•- . . _ . - - _ . . . , , ' ,
. •• . ... • . - . . . _ . . . . . - - -- . . . . . - . .
. . . ' . . - ,- _..• . - - • . • - -- _ - , , . - . . -. 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
,..t existing permit and providing that the property has been actively engaged in a bona
fide agricultural activity •- . _. : . _ . - - . .' - -• - • .• , -
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.
-ha. 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.
2.b. Upon issuance of an agricultural clearing [permit] or as exempted above,
activities necessary for the ongoing bona fide agricultural use and 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
TAL#531109.5 38
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 previEling provided that:
a41) 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:(2) The tree is not a specimen tree;
e:(3) The vegetation is not within an area required to be preserved as a result of
a required preservation, mitigation or restoration program;
4101 The parcel is currently engaged in bona fide agriculture, as defined by this
Code.
e7(5) 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 anv site clearing; and
5 a signed agreement acknowledging the 25 year prohibition on both the conversion
from agricultural uses and 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
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.
TAL#531109.5 39
n 3.9.6.6. Requirement for removal of prohibited exotic vegetation.
3.9.6.6.1. Prohibited exotic vegetation removal and methods of removal shall be conducted
3.9.6.6.2. Protection of native vegetation, according to the applicable provisions of this
3.9.6.6.3. Prohibited exotic vegetation shall be removed:
(1,) From all rights of way, common area tracts not proposed for development
and easements prior to preliminary acceptance of the phase of the required
•
to the issuance of a certificate of occupancy.
(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
(1_) From property proposing any enlargement of existing interior floor space,
(5) In the case of the discontinuance of use or occupation of land or water or
shall, prior to subsequent use of such land or water or structure, conform
to the regulations specified by this section.
3.9.6.6.1. Verification of prohibited exotic vegetation removal shall be performed by the
development services director's field representative.
3.9.6.6.1.1. Herbicides utilized in the removal of prohibited exotic vegetation shall have been
approved by the U.S. Environmental Protection Agency.
3.9.6.6.1.2. hen prohibited exotic vegetation is removed, but the base of the vegetation
TAL#531109.5 40
shall inspect sites periodically after issuance of the certificate of occupancy, or
accessory structures and major additions to any principal or accessory structures,
all prohibited exotic vegetation before a certificate of occupancy is granted. The
- - - - - ►
.
permit.
3.9.6.7. Designation of specimen tree.
be designated a specimen tree because of its historical significance, rarity in
Collier County, age or extraordinary size. A public hearing shall be held with
recorded in the official records of the clerk of the circuit court. All recording fees
3.9.11. Enforcement
3.9.67811.1. Penaltyies.
A. Fines.
1. The failure of a property owner or any other person to obtain an approved agricultural
clearing 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 required in
TAL#531109.5 41
section 3.9.6.5.1(7) 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.
3. Any person violating any provisions of this Code or the conditions of a permit issued
hereunder, and not specifically covered in subsection(1) and subsection(2) of this
separate and distinct offense and upon conviction shall be punished by a fine not to
- li i . . .
violation-et-this-Gene,
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)1. The restoration plan shall include the following minimum planting standards:
(-1-) 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.
(43 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.
(3}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
TAL#531109.5 42
that the removed trees were of a similar species mix as those found on adjacent
properties.
(C)3.The 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.
9)4. 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.
(-)6. 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.)
3.9.69:11.2. 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
TAL#531109.5 43
.
/"• public acquisition, or on lands protected from 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.
TAL#531109.5 44
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.
3.9.6.9.1. 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 mitigation areas and each case will be
evaluated individually, based on the supported [supporting] data submitted by the
mitigator.
TAL#531109.5 45
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 3.9.13.2. 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.
3.9.813. 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.
,n
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.
TAL#531109.5 46
F I
� � I
10/16/03 DRAFT
TAB M
3.11
LISTED SPECIES
TAL#531110.1 11/25/03 1
10/16/03 DRAFT
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 FOR SINGLE FAMILY LOTS
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."
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.
TAL#531110.1 11/25/03 2
3.11.L3. . - ' . .. - 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. For new and existing development and construction
pursuant to divisions 3.2, 3.3 and 3.9 of this Code, and the building code of Collier
County, until permanent guidelines and standards aro adopted by Collier County, the
following shall apply as interim guidelines or standards for the protection of endangered
species, threatened species and species of special concern as prescribed by Goal 7 and
associated objectives and policies, as amended, of the conservation and coastal
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.
3.11.342.2 EIS: The EIS required by Section 3.8.6 shall include a wildlife survey shall be
required for all parcels when listed species are known to inhabit biological communities
similar to those existing on site or where listed species are directly observed on the site. The
survey shall be conducted in accordance with the requirements of the Florida Fish and
Wildlife Conservation Commission (FFWCC) and U.S. Fish and Wildlife Service (USFWS)
guidelines. The County shall notify the FFWCC and USFWS of the existence of any listed
species that may be discovered. .. ... . . .. . .... ... . _ •_ . •. . .•__ . . . . . .
services division, for the management of habitat and wildlife, including measures for
concern. In addition to the specific standards identified below, fthe 6County shall consider
and may utilize recommendations and letters of technical assistance of the FFWCC, and
recommendations and guidelines of the USFWS, in issuing development orders on property
containing endangered and threatened species and species of special concern. Such plans
shall comply with current federal, state and local ordinances and policies.
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
TAL#531110.1 11/25/03 3
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 polyphemus)
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. All developments shall be clustered to discourage impacts to listed species habitats.
B. Open space and vegetation preservation requirements shall be used to establish buffer
areas between wildlife habitat areas and areas dominated by human activities.
C. Provisions such as fencing, walls, or other obstructions shall be provided to minimize
development impacts to the wildlife and to facilitate and encourage wildlife to use
wildlife corridors.
D. Appropriate roadway crossings, underpasses, and signage shall be used where roads must
cross wildlife corridors.
E. When listed species are directly observed on site or indicated by evidence, such as
denning, foraging or other indications, priority shall be given to preserving the habitat of
that listed species, as provided in Section 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 as
(Trichechus manatus), Florida panther (Puma concolor coryi), Audubon's crested caracara
(Polyborus planus audubonii), Bald eagle (Haliaeetus leucocephalus), Florida scrub jay
(Aphelocoma coerulescens), Piping plover (Charadrius melodus), Wood stork (Myceteria
couperi), Green sea turtle (Chelonia mydas), Kemp's ridley sea turtle (Lepidochelys kempii),
TAL#531110.1 11/25/03 4
Until the adoption of federal guidelines for any of the above listed species, the developer
shall be responsible for the development of a protection plan for conservation and
management of these species.
3.11.3.3 Until the adoption of State of Florida guidelines for the protection of all state listed
species, as listed in "Florida's Endangered Species, Threatened Species, and Species of
management of these species.
3.11.3.3 Species Specific Requirements. The USFWS South Florida Multi Species Recovery
Plan (dated May 1999, and as amended) shall be adopted as the minimum guideline or
recovery of the West Indian manatee (Trichechus manatus), Florida panther(Puma concolor
coryi), Audubon's crested caracara (Polyborus plancus audubonii), Bald eagle (Haliaeetus
leucocephalus), Florida scrub jay (Aphelocoma coerulescens), Piping plover (Charadrius
melodus), Wood stork (Myceteria americana), Roseate tern (Sterna dougalli dougalli), Red
cockaded woodpecker (Picoides borealis), American crocodile (Crocodylus acutus), Eastern
indigo snake (Drymarchon corais couperi), Green sea turtle(Chelonia mydas), Kemp's ridley
sea turtle (Lepidochelys kempii), Leatherback sea turtle (Dermochelys coriacea), and
above listed species, the developer shall be responsible for the development of a protection
n plan for conservation and management of these species. For those species for which
management and protection guidelines have been adopted, any site or project specific
management and protection plan shall adhere to the adopted federal guidelines. Variations
and site or project specific conditions deemed to be appropriate and prudent to the species'
management and protection and identified in writing as part of the recommendations or
letters of technical assistance from the FFWCC and recommendations from the USFWS
shall be deemed to be consistent with the the provisions of this section and the Endangered,
Threatened, or Listed Species protection objectives and polices set forth in Goal 7 of the of
County's growth management plan. The following specific species management and
protection plans shall be applicable, in addition to those required by 3.11.2.2.:
3.11.3.1 A. Gopher Tortoise(Gopherus polyphemus).
(1,)- 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 functions and values of their
natural habitat, unless otherwise provided for in this section.
(2,)All gopher tortoise burrows are protected and it is prohibited to intentionally destroy I
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 I
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, . : =- •: . -• •.- . • = -=- : ..• : • = I
relocation plan shall bo submitted to the planning services department of the
community development and environmental services division, for review and
TAL#531110.1 11/25/03 5
. . . - • - - - - - • _ _ • _ _ .
where gopher tortoise protection/management plans have not been previously
• • - - -• - - •- - . • = '-= . . the protection/management plan
shall include,but not be limited to the following items:
4-)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;
g}f.a detail of the gopher tortoise preserve fencing;
74g1 an maintenance plan describing exotic removal and :: '• - .: . . ., ••
in tho future vegetation management;and
S)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 3.9.5-4. 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
2-)b. appropriate herbaceous ground cover (if not present, supplemental food sources
shall be planted);;
3.4c. 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.
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_)Where suitable habitat does not exist on-site; or,
b) 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)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.
SII
TAL#531110.1 11/25/03 6
/'\ (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.
(f)9. When identifying the native vegetation preservation requirement of section
3.947. 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. When a decision is made
to allow off site relocation of gopher tortoises, iIt 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.
(8) 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(1) 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. However, gopher tortoises shall be protected
pursuant to paragraphs 1, 2 and 3 of this ction above.
B. Florida Scrub Jay. Habitat preservation for the Florida scrub jay (Aphelocoma
coerulescens) shall conform to the guidelines contained in Technical Report No. 8,
Florida Game and Fresh Water Fish Commission, 1991. The required management plan
shall also provide for a maintenance program and specify an appropriate fire or
mechanical protocols to maintain the natural scrub community. The plan shall also
outline a public awareness program to educate residents about the on-site preserve and the
need to maintain the scrub vegetation. These requirements shall be consistent with the
UFWS South Florida Multi-Species Recovery Plan, May 1999.
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
TAL#531110.1 11/25/03 7 ��
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 coryi) 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 provisons set forth in this
section..
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.
Sec. 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.
TAL#531110.1 11/25/03 8
10/16/03 DRAFT
TAB M
3.11
LISTED SPECIES
TAL#531110.1 11/25/03 1
}
/*\ 10/16/03 DRAFT
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 FOR SINGLE FAMILY LOTS
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."
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.
TAL#531110.1 11/25/03 2
3.11.1.3. New and existing development 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. For new and existing development and construction
pursuant to divisions 3.2, 3.3 and 3.9 of this Code, and the building code of Collier
County, until permanent guidelines and standards are adopted by Co114e--r Gettnty, the
following shall apply as interim guidelines or standards far the pretectien of endangered
associated objectives and policies, as amended, of the conservation and coastal
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.
3.11.3.12.2 EIS: The EIS required by Section 3.8.6 shall include a wildlife survey shall be
required for all parcels when listed species are known to inhabit biological communities
similar to those existing on site or where listed species are directly observed on the site. The
survey shall be conducted in accordance with the requirements of the Florida Fish and
Wildlife Conservation Commission (FFWCC) and U.S. Fish and Wildlife Service (USFWS)
guidelines. The County shall notify the FFWCC and USFWS of the existence of any listed
species that may be discovered. .' -. .. . . .•- . .
services division, for the management of habitat and- wildlife-, including measures for
concern. In addition to the specific standards identified below, Tthe eCounty shall consider
and may utilize recommendations and letters of technical assistance of the FFWCC, and
recommendations and guidelines of the USFWS, in issuing development orders on property
containing endangered and threatened species and species of special concern. Such plans
shall comply with current federal, state and local ordinances and policies.
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
TAL#531110.1 11/25/03 3
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 polyphemus)
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. All developments shall be clustered to discourage impacts to listed species habitats.
B. Open space andvegetation preservation requirements shall be used to establish buffer
areas between wildlife habitat areas and areas dominated by human activities.
C. Provisions such as fencing, walls, or other obstructions shall be provided to minimize
development impacts to the wildlife and to facilitate and encourage wildlife to use
wildlife corridors.
D. Appropriate roadway crossings, underpasses, and signage shall be used where roads must
cross wildlife corridors.
E. When listed species are directly observed on site or indicated by evidence, such as
denning, foraging or other indications, priority shall be given to preserving the habitat of
that listed species, as provided in Section 3.9.4.1.C.
F. Management Plans shall contain a monitoring program for developments greater than l 0
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 as
(Trichechus manatus), Florida panther (Puma conceler ceryi-}, Audubon's crested caracara
(Aphelocoma coerulescens), Pipiot plover (Chai-adfitts r e-leehis), W-ood stork (Myceteria
TAL#531110.1 11/25/03 4
Until the adoption of federal guidelines for any of the above listed species, the developer
.
•
management of these species.
3.11.3.3 Until the adoption of State of Florida guidelines for the protection of all state listed
species, as listed in "Florida's Endangered Species, Threatened Species, and Species of
Special Concern" authored by Florida Fish and Wildlife Conservation Commission, the
-
management of these species. -
3.11.3.3 Species Specific Requirements. •_ -- - . .. . - - . . . . • . ._ p - _
Plan (dated May 1999, and as amended) shall be adopted as the minimum guideline or
-- -•. _
•. ---. . , - -. . . •. • . •- --- • -- • • --• , ••.••_ . . . _ ... .
g' 4 I . .
•
.. . .. - •--•- - -- -. ' , . .. . .. - . .. . . . . , 6. ..
sea turtle (Lepidochelys kempii), Leatherback sea turtle (Dermocholys coriacea), and
n • • • - -- • . •- . - •• •, _- -- - - - - ._•• . For those species for which
management and protection guidelines have been adopted, any site or project specific
management and protection plan shall adhere to the adopted federal guidelines. Variations
and site or project specific conditions deemed to be appropriate and prudent to the species'
management and protection and identified in writing as part of the recommendations or
letters of technical assistance from the FFWCC and recommendations from the USFWS
shall be deemed to be consistent with the the provisions of this section and the Endangered,
Threatened, or Listed Species protection objectives and polices set forth in Goal 7 of the of
County's growth management plan. The following specific species management and
protection plans shall be applicable, in addition to those required by 3.11.2.2.:
3.11.3.4 A. Gopher Tortoise (Gopherus polyphemus).
(1,)- 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 functions and values of their
natural habitat, unless otherwise provided for in this section.
(2)All gopher tortoise burrows are protected and it is prohibited to intentionally destroy I
or take any such burrow by any means, unless otherwise provided for in this section.
3_)- Provision is hereby made to allow personnel authorized by Florida Fish and Wildlife I
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, . . - •. . __•--• . . . ' _ I
relocation plan shall be submitted to the planning services department of the
community development and envirenmextal services division, fer review and
TAL#531110.1 11/25/03 5
•
• •• - = - • . • - '-- . . the protection/management plan
shall include,but not be limited to the following items:
4-)a. a current gopher tortoise survey, which shall be field-verified by planning
services staff;
fib. 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)(1. 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 :: '. _ ... • . . ., •_
in the futuro vegetation management; and
4)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 3.9.5,4. of this Code.
(5)--Suitable habitat shall be defined as having the following characteristics:
�)a. the presence of well-drained, sandy soils,which allow easy burrowing for gopher
tortoises
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.
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.)Where suitable habitat does not exist on-site; or,
b,) 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,)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.
TAL#531110.1 11/25/03 6
n (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
3.9.57. 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. When a decision is made
to allow off site relocation of gopher tortoises, 41t 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.
(S) 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(1) 4 through 10. However, gopher tortoises shall be protected
pursuant to 1, 2 and 3 of this section above.
B. Florida Scrub Jay. Habitat preservation for the Florida scrub jay (Aphelocoma
coerulescens) shall conform to the guidelines contained in Technical Report No. 8,
Florida Game and Fresh Water Fish Commission, 1991. The required management plan
shall also provide for a maintenance program and specify an appropriate fire or
mechanical protocols to maintain the natural scrub community. The plan shall also
outline a public awareness program to educate residents about the on-site preserve and the
need to maintain the scrub vegetation. These requirements shall be consistent with the
UFWS South Florida Multi-Species Recovery Plan, May 1999.
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
TAL#531110.1 11/25/03 7
•
f
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 corgi) 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 provisons set forth in this
section..
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.
Sec. 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.
TAL#531110.1 11/25/03 8
ENVIRONMENTAL ADVISORY COUNCIL
AGENDA
November 5, 2003
9:00 A.M.
Commission Boardroom
W. Harmon Turner Building (Building "F") — Third Floor
I. Roll Call
II. Approval of Agenda
III. Approval of Meeting Minutes
A. August 6, 2003
B. October 1, 2003
IV. Land Use Petitions
V. Old Business:
VI. New Business:
LDC amendments - Cycle 3
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 October 31, 2003 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.
NOTICE OF IMPORTANT INFORMATIONAL WORKSHOPS FOR ALL COLLIER COUNTY
COMMITTEES AND BOARDS RE: SUNSHINE LAW/PUBLIC RECORDS/ETHICS LAWS&
EX PARTE DECLARATION REQUIREMENTS
,/'O Notice is hereby given that the Collier County Attorney Office will be presenting workshops on
Sunshine Law/Public Records/Ethics Laws & Ex-Parte Declaration Requirements to the following
Committees and Boards:
Board of Building Adjustments&Appeals Board of County Commissioners
Code Enforcement Board Planning Commission
Contractor's Licensing Board Environmental Advisory Council
Public Vehicle Advisory Committee Affordable Housing Commission
Workforce Housing Advisory Committee Airport Authority
Bayshore Avalon Beautification MSTU Bayshore/Gateway Local Redevelopment
Advisory Committee Advisory Board
Black Affairs Advisory Board Citizens Advisory Task Force
Citizen Corps Committee Coastal Advisory Committee
Development Services Advisory Committee Community Character/Smart Growth
Community Redevelopment Agency Advisory Committee
Board County Government Productivity Committee
Disaster Recovery Task Force I-75/Golden Gate Parkway Interchange Ad Hoc Cmt
EMS Advisory Council Forest Lakes Roadway&Drainage Advisory
Golden Gate Area Master Plan Advisory Committee
Committee Golden Gate Beautification Advisory Committee
Golden Gate Community Center Advisory Golden Gate Estates Land Trust Committee
Committee Hispanic Affairs Advisory Board
Health&Human Services Advisory Committee Historical/Archaeological Preservation Board
Immokalee Beautification Advisory Committee Immokalee Enterprise Zone Development Agency
n Isle of Capri Fire Control District Lely Golf Estates Beautification Advisory
Advisory Committee Committee
Lake Trafford Restoration Task Force Land Acquisition Advisory Committee
Library Advisory Board Livingston Road Phase II MSTBU
MPO Subcommittee(Citizen Advisory MPO Subcommittee(Pathway Advisory
Committee) Committee)
Ochopee Fire Control Advisory Committee Parks &Recreation Advisory Board
Pelican Bay MSTBU Advisory Committee Radio Road Beautification Advisory Committee
Tourist Development Council Transportation Disadvantaged Local
Utility Authority Coordinating Board
Vanderbilt Beach Beautification Advisory Fire and EMS Advisory Committee
Committee Immokalee Area Master Plan Ad Hoc Cmt.
Revenue Commission
Two workshops have been scheduled giving board members, staff and the public an option of
either of two dates to attend. The first workshop will be held on FRIDAY,DECEMBER 5,2003,from
2:00 pm. to 3:30 p.m. The second workshop will be held on WEDNESDAY, JANUARY 14, 2004,
from 9:00 a.m. to 10:30 a.m. BOTH WORKSHOPS WILL BE HELD AT THE COLLIER
COUNTY GOVERNMENT CENTER, 3301 EAST TAMIAMI TRAIL, W. HARMON TURNER
BUILDING (ADMINISTRATION BLDG. F), 3`D FLOOR, NAPLES, FLORIDA. All
committee/board members should be knowledgeable of some or all of these laws. Especially advisable
for members who haven't attended previous workshops on this subject matter.
r--..\ The workshops are open to the public.
The workshops shall be televised and broadcast on the Collier County Government Channel.
If you are a person with a disability who needs any accommodation in order to participate in these proceedings,you are entitled,at no
cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3301 East
Tamiami Trail, Naples, Florida, 34112, (239) 774-8380; assisted listening devices for the hearing impaired are available in the County
Commissioners'Office.
August 6, 2003
n ENVIRONMENTAL ADVISORY COMMITTEE
Board Meeting Room, 3rd Floor,Administration Building
3301 Tamiami Trail Naples,Florida 34112
9:00 AM August 6, 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
AM in REGULAR SESSION in Building"F" of the Government Complex, East
Naples,Florida, with the following members present:
Members: Tom Sansbury
'--, Michael V. Sorrell
Alexandra Ellis
Ken Humiston
William Hughes
Alfred Gal
Ed Carlson (left at 3:50 PM)
Erica Lynne (left at 1:00 PM)
Collier County Staff:
Patrick White,Bill Lorenz,Barbara Burgeson, Stan Chrzanowski,
Stephen Lenberger,Marjorie Student—Assistant County Attorney—
Ellen Chadwell filled in for Marjorie Student from 12:45pm-1:20pm,
Kim Hadley,Russell Webb,Fred Reischl
Page 1
August 6, 2003
I. Roll Call
-The meeting was called to order at 9:06 AM. A quorum was established.
Members: Alexandra Ellis, Tom Sansbury, Ken Humiston, William Hughes,
Alfred Gal, Ed Carlson, Erica Lynne, Michael Sorrell
-Michael Coe had an excused absence.
Collier County Staff: Bill Lorenz, Barbara Burgeson, Stan Chrzanowski,
Stephen Lenberger, Marjorie Student—Assistant County Attorney, Fred Reischl,
Kim Hadley, Russell Webb
II.Approval of Agenda
-Due to the fact that Stewart Earthmining was originally listed first on the agenda and
they were continued from the last meeting, the committee members decided to hear the
two Stewart Earthmining petition's first.
-All committee members agreed to the revised agenda.
III.Approval of June 4,2003 meeting minutes
-Mr. Hughes stated that at the last meeting he asked to have an update on the county
leech-aide processing facilities at the waste facility. This request was not in the minutes
and he had not yet been contacted to set up an appointment to see the facility.
-Mr. Lenberger stated that he would follow up with Mr. Hughes question and he would
also hand out a tape, in regards to the waste management issue, to the committee
members after the break. (A copy of this tape was not provided to the court reporter.)
-Mr. Carlson moved to approve the minutes of June 4, 2003 as corrected. It was
seconded by Alexandra Ellis. All were in favor; the motion passed unanimously, 8-0.
IV.New Business
A) Land Development Code Amendments (Clam Nursery Amendment)
-Russell Webb, Collier County Planning Services, asked if there were any
questions regarding the proposed LDC amendment. The committee members did
not have any questions regarding the amendment.
Page 2
August 6, 2003
-Alexandra Ellis made a motion to recommend approval to the BCC of the
proposed LDC amendment. It was seconded by Mr. Carlson. All were in favor of
the motion; the motion passed unanimously, 8-0.
V. Land Use Petitions
A) Conditional Use No. CU-2002-AT-3537
"Stewart Earthmining"
Section 19,Township 46 South, Range 29 East
B) Conditional Use No.EX-2002-AT-4278
"Stewart Earthmining"
Section 19,Township 46 South, Range 29 East
-Items V-A &V-B were heard together.
-The court reporter swore in all those who would be testifying.
-There were no disclosures reported.
-Stan Chrzanowski, Development Review Engineering Staff, explained that the
petition is now being heard as a conditional use petition with the accompanying
excavation permit application. Mr. Chrzanowski pointed the area out on the map
and reminded the committee that previous concerns about this petition were in
regards to the fact that the depth of the excavation did not follow the fetch-
formula.
-Mr. Hughes asked if the fetch formula could be changed in the code. Mr.
Chrzanowski explained that this approval would only be for this petition and he
saw no reason to change the formula in the code. Mr. Humiston believed that the
fetch formula should be removed from the code since the water stratification did
not have an affect on the water quality. Mr. Chrzanowski stated that he could
schedule a workshop for the EAC to discuss the fetch formula.
-Mr. Carlson felt the issue was that the deep lake was a direct conduit into the
surficial aquifer. He noted that he did not have a problem with the petition, but
asked if anyone would be reviewing adjacent land uses to verify if a protection
Page 3
August 6, 2003
r., zone was needed. Mr. Chrzanowski stated that he did not know if there would be
anyone to review this, but he will look into the matter.
-Erica Lynne agreed with Mr. Carlson's concern and asked if they were sure that
the depth of the lake would not punch through to the deep aquifers. Mr.
Chrzanowski stated that this would not happen.
-Mr. Hughes made a motion to approve the two petitions with the addition of
a berm, (with a membrane), and the recommendation that the county closely
monitors surrounding land uses to ensure that no potential pollutants are not
in the areas.
-Pamela Stewart, Attorney for Stewart Earthmining, was against having a
"requirement" for a berm, unless it can be shown through a study of the
surrounding lands that there is a problem with seepage.
-Jeff Davidson, Civil Engineer, stated that typically the lake excavations that they
do in Collier County are berm-ed or the stage in the lake is less than 100yr flood
elevations. He did not believe this requirement would be a problem. He did not
believe that placing a membrane in the berm would help the flow of ground water.
-Nick Stewart,President of Stewart Mining, had no objections to Mr. Carlson's
recommendation to have the county review adjacent land uses. Mr. Stewart also
had no objections with the berm.
Public Speakers
1) Howard Hayes,DEP—Bureau of Mine Reclamation, asked if the
board had any questions on the state regulations on mining.
-Mr. Carlson asked if they looked for significant point sources of pollution
in the region around sand-pits similar to this one. Mr. Hayes stated that
they do when the application comes in, but they have no authority to
regulate land uses. He added that future changes in land use, would be a
county issue.
-Mr. Humiston asked if Mr. Hayes knew about the "cattle dunk baths" and
if there were any in this area. Mr. Hayes stated that the district office
would inform them of this type of situation when the application was
received and his department walks the sites. If anything like this were
Page 4
August 6, 2003
found during the walk, then it would be a concern. Mr. Stewart added that
it would have shown up after the state had located all of the "dip-bath
areas" and there was nothing listed on his title policy.
2) Mark Hurst,Mining Consultant, informed the committee that he was
currently employed by Stewart Mining. Mr. Hurst noted that this mine
will be required to have an industrial waste water permit. The permitting
review is intended to prevent the mining companies from polluting the
ground. He thought that it was a good idea to review adjacent land uses to
ensure that nothing was seeping into the pit and potentially the ground
water as well. Mr. Hurst explained that the "potentially polluting
facilities" would also be required to obtain similar permits and prove that
they will not be polluting the ground water. Mr. Hurst stated that this site
is located near citrus grove and he has never experienced problems in the
past with grove chemicals entering the pits.
-Mr. Stewart stated that they would not mind taking water samples and
submitting the results to the county on a quarterly or biannual basis in
order to ensure water quality. Mr. Carlson stated that he is not looking for
something like this; he is looking for something like a"well field
protection effort".
-When the motion was recalled, Marjorie Student informed the committee that
they needed to make to separate motions; one for the conditional use and one for
the excavation permit.
-Mr. Hughes made a motion to recommend approval of the conditional use
permit with the condition that the excavation pit be berm-ed, (if there is not
sufficient clay material, then some type of barrier material should be
installed to prevent horizontal flow from surrounding properties),and the
recommendation that the county establish a procedure that would monitor
the surrounding land uses to ensure that no pollution source would be able to
enter the pit. It was seconded by Mr. Carlson. All were in favor of the
motion; the motion passed unanimously, 7-0.
Page 5
August 6, 2003
-Mr. Hughes made the same motion in regards to the excavation permit. It
was seconded by Mr. Carlson. All were in favor of the motion; the motion
passed unanimously, 7-0.
C) Planned Unit Development Amendment No. PUDZ-2002-AR-3158
"Coconilla"
Section 17, Township 48 South,Range 25 East
-The photos, maps, and presentational materials provided to the committee were
not provided to the court reporter for this item.
-The court reporter swore in all those who were testifying.
-Disclosures:
-Mr. Carlson stated that he had numerous meetings with the petitioner and
his employer is planning a benefit with the Pelican Island Yacht Club.
Mr. Carlson recused himself from the vote.
-Mr. Humiston stated that the applicant is his client. Mr. Humiston
'--,, recused himself from the vote.
-Erica Lynne stated that she received a lot of information in the mail, one
telephone call, emails, and her signature is on an application to save the
Seagulls. Due to an appearance of a conflict of interest,Erica Lynne
recused herself from the vote.
-Mr. Sorrell stated that he received pro and con information in the mail.
He did not believe that this would"cloud" his judgment.
-Mr. Hughes stated that he had been receiving items in the mail and he
visited the site unannounced in order to review it personally.
-Mr. Sansbury, Mr. Gal, and Alexandra Ellis also received materials, but
not enough to present a conflict.
-Rich Yovanovich, with the law firm of Goodlette, Coleman, &Johnson,
represented the petitioner. The existing site is zoned C-4. It was recently an
active Marina, which resulted in the environmental contamination on the property.
Eco-group has a contract to purchase the property; the marina will not stay and
will not be a future use on the property because it is not an economically sound
Page 6
August 6, 2003
investment. The petitioner is proposing a residential condominium, which
includes public services with the project. The project includes a residential tower
that stair steps up from 15 stories over parking to 21 stories over parking. There
will be 10 marina villas in the project and 102 units. The petitioner is proposing
to provide the public with public parking, which will enable the county to build
additional parking for trailer-ed boats. They will also provide for
interconnectivity with the park. The fueling station proceeds will go to the
county. There will also be a public ship-store. The site is —10.45 acres; —.43 is
under water. The petitioner is proposing to create a marina for boat slips and a
flushing area that will be replanted with mangroves. Mr. Yovanovich stated that
the neighboring PUD was approved for four towers with a maximum height of
200ft over parking; therefore the transition is compatible with area uses. Mr.
Yovanovich reviewed policy 5.9. The petitioner is requesting —11 units/acre
after the public areas have been removed from the equation. Mr. Yovanovich
stated that this is within the intent and desire of the comprehensive land use plan
n and therefore consistent from a future land use element standpoint. The county
conservation element, water related vs. water dependent uses, was also reviewed
with the committee. Mr. Yovanovich feels that they have complied with the
conservation element. The petitioner has provided a manatee protection plan and
a bald eagle protection plan. The applicant believes that they have fully complied
with the county's comprehensive plan and they believe that the proposed uses are
the best alternative from an economic and an environmental standpoint.
-Chris Oslegar, Vice President of Eco-group, presented an overview of other
projects that they have constructed in order to show the high quality they use and
the lengths they go to in order to protect the environment. A few of the projects
reviewed were Pelican Isle Yacht Club, Barefoot Beach Club, Sanibel Golf
Village, and the Tides Beach Club.
-Joe Tucker,Mac-tech Engineering, stated that they assisted this project in the
due diligence process by identifying certain environmental conditions associated
with past/present land uses. Joe Tucker explained that the marina uses on this
property have the potential for pollution and stormwater run-off. A number of the
Page 7
August 6, 2003
marina activities have led to the contamination of the property. The three
categories of contamination on this site are soil contamination, ground water
contamination, and sediment contamination. Eco-group proposes to remediate the
contamination at the site. Joe Tucker explained how the amount of remediation
required will be more significant on a residential site than it would on a
commercial site on this property. In summary, she believed that the proposed
residential land use had environmental advantages by removing sources of
concern, the remediation of contaminants, and the fact that the remediation will be
to the most stringent standards.
-Mr. Hughes asked about the federal standards for remediation. Joe Tucker
informed him that the state standards are more stringent than the federal
standards.
-Joe Tucker provided the committee with two tables of sampling done at Wiggins
Pass; soil/sediment analytical results summary and Ground water analytical
results summary.
-Andy Woodruff, Vaseril &Associates Senior Ecologist, stated that they were an
environmental consultant for the project site. The site has -10acres of uplands
identified on the project identified as a commercial marina. There is also -4/10
acre of open water, which has been used for the launch and docking of vessels.
There are no native habitat types present within the developed uplands and there
are no mangrove or sea-grass habitat present within the open waters. The
proposed projects impacts are:
a.The redevelopment of the existing uplands.
b.Dredging of-2/10 acre of open water.
c.Excavate -3.65 acres of existing uplands for the creation of the new
boat basin,but adjacent to this 8/10 acre of inter-tidal habitat will be
created. This inter-tidal habitat will be used to improve water
quality/exchange in the basin and it will be planted with mangrove
vegetation, which will provide habitat for fish and wildlife.
d. In regards to listed species:
Page 8
August 6, 2003
-Manatees do occur in the area. The project will eliminate -450
dry storage spaces, which will significantly decrease the amount of
boat traffic. The project will also eliminate ramps for trailer-
vessels. There will be no increase on the number of wet slips. A
Manatee Protection Plan was also created.
-Bald Eagle nest CO-19 was identified on site. The project lies
within and just outside of the secondary protection zone. This nest
has been active all but once in the last twelve years and it has
successfully fledged two young during the last two nesting
seasons. The eagles have demonstrated acclamation to the
Wiggins Pass Marina. The applicant is proposing construction
activities within the secondary zone during the nesting season. A
Bald Eagle management plan has been prepared. This plan is
being reviewed by the Fish &Wildlife Service, the petitioner has
been in consultation with them, and they have agreed to no
construction of multi-story buildings in the secondary zone without
the authorization of the Fish &Wildlife Service. Mr. Woodruff
also reviewed the additional Eagle initiatives that had been
voluntarily submitted by the applicant. Some of the long-term
benefits to the bald eagle from the proposed zoning change are:
reduction of the vessel traffic originating from the site, reduction in
chemical and noise pollution, shielding and use of low wattage
lights will be used, remediation of the existing pollution, creation
of inter-tidal habitat that will include mangrove plantings, native
vegetation will be used in the landscaping, and the assumed
activity of feeding the Eagles will be stopped with the proposed
project.
-Mr. Gal asked if the petitioner agreed to allow the monitor to shut down the
project if there is a disturbance to the eagle's nest. Mr. Woodruff stated that they
would if it became a situation where it was clearly a disturbance factor. Mr. Gal
asked who made this decision. Mr. Woodruff stated that he believed Fish &
Page 9
August 6, 2003
�-. Wildlife would decide on the resolution after a disturbance was noticed. Mr. Gal
asked who would employ the monitor. Mr. Woodruff stated that it would be the
petitioner.
-Duke Woodson,Environmental Attorney with the law firm of Foley &Lardner,
explained the federal approval process to build within the vicinity of an eagle.
The petitioner must perform a biological evaluation and then submit the
evaluation, a management plan, and a monitoring plan to the Fish &Wildlife
Services. Fish &Wildlife Services takes this information and reviews it, they
then send a recommendation to the Corps of Engineers. The Corps of Engineers
can then either accept or reject this recommendation and issue the permit with
conditions. Mr. Woodson reminded the committee that all eagles are different
and they must be reviewed on a case to case basis and that all of the documents
referred to in the permitting process are guidelines not statutes. Mr. Woodson
reviewed some of these guidelines with the committee. Mr. Woodson noted that
they know from past monitoring that these two eagles are "urban eagles",
accustomed to the urban disturbances and way of life. Mr. Woodson explained
that the applicant employs the monitor, but the guidelines determine who the
monitor may be. The guidelines also outline what variances disturbances to the
eagles are, how they are noticed, and what is to be done when a disturbance
occurs. The monitor is trained in these guidelines and what to notice. If the
monitor notices any disturbances then he reports it to the owner of the property
and to Fish &Wildlife. Mr. Woodson stated that in his experience,Fish &
Wildlife is very quick to shut down a project if a disturbance occurs. The
penalties for not obeying the orders of Fish &Wildlife are criminal penalties. Mr.
Woodson added that the applicant will be obeying the orders of Fish &Wildlife.
-Mr. Carlson asked how successful the eagle management plans have been
throughout the state. Mr. Woodson stated that they have been successful; the
population of eagles has increased. Mr. Woodson added that he cannot guarantee
the eagles will stay, they may find a new habitat, the tree they nest in, (which is a
dead tree), may blow down in a storm, etc.. Mr. Carlson asked what eagle's
Page 10
August 6, 2003
�-. reactions have been to tall buildings as opposed to other developments. Mr.
Woodson informed him that different eagles act different ways and there are tall
buildings in this neighborhood. Mr. Woodson reviewed a provision in the 1987
guidelines under recommended restrictions, which recommended the restriction of
tall buildings near eagles, but used words such as "in most cases", "likely", etc..
Mr. Woodson did not believe that the construction would disrupt the eagles since
they will not build between the nest and the feeding area.
-Chris Osleger added that one of the benefits of this process is that they have
formed relationships with the various consultants; Nancy Payton, Ed Carlson,
Lynda White of Audubon, etc... These new relationships provide them someone
to turn to for advice on the specific situations in regards to the eagles. Many of
the recommendations from the discussions with these groups and individuals were
used to come up with the proposed benefits. Mr. Osleger added that they want the
eagle to stay in the nest and they will quickly respond to anything the monitor
reports as a potential disturbance.
At 10:45am a break was taken until 10:53am.
-Kim Hadley,Environmental Services Department, read into the record an
additional stipulation she added to the staff report (the committee received a copy
earlier in the morning). The stipulation read: "The marina management plan shall
be amended to include a sediment quality program to address the issues associated
with operating a recreational marina and fuel facility. Included in this plan shall
be a requirement to establish the existing conditions of the sediments with the
level 2 environmental assessment as a baseline for future monitoring and
compliance." She added that the additional measures the applicant stated they
would take regarding the Bald Eagle should be to the management plan, (the
county has a copy of this as well). The committee also received, earlier in the
morning, copper readings for the Cocahatchee River Basin put together by
Pollution Control.
Page 11
August 6, 2003
-Dusty Perkins, US Fish &Wildlife, offered to answer the questions of the
committee.
-Mr. Gal asked how the Fish &Wildlife decided to shut down a project and
whether or not the petitioner had the opportunity to dispute it. Mr. Perkins state
that this opinion is usually part of a biological opinion or a habitat conservation
plan. The monitor is employed by the applicant and this is the person who will
look for the disturbances and then follow the orders outlined in the biological
opinion.
-Mr. Carlson asked about the track record for the bald eagle management plans.
Mr. Perkins stated that projects consistent with the guidelines do well.
-Alexandra Ellis asked if they were allowing construction during the nesting
season in the secondary zone. Mr. Perkins informed her that this project would
need an Army Corps of Engineer permit. Currently the Army Corps of Engineer
has issued a"may affect" order and requested Fish &Wildlife to conduct
consultations with the petitioner. The product of these consultations is the
biological opinion.
-Mr. Hughes asked if they had comments on the chemicals at this site. Mr.
Perkins stated that they provided some comments, but they have not completed
the review process yet, and have requested further information.
-Mr. Sansbury asked the petitioner if they had any objections to Kim
Hadley's, (staff's),stipulation as previously noted. The petitioner stated that
they will agree to all the stipulations.
Public Speakers
1)Eugene Fostor,property owner at Pelican Island Yacht Club, stated
that he and his wife are in favor of the proposed condominium because: it
will create less pollution, less road and boat traffic, less pollution of
surrounding waters, and less noise pollution.
2) Lynda White, Coordinator of Eagle Watch, explained that CO-19 was
monitored by Eagle Watch since 1997. Audubon would prefer that there
Page 12
August 6, 2003
be no construction during the management zone of the nest during nesting
season, but they realize that this is not a practical timetable for
construction. Therefore, if US Fish &Wildlife Services grants permission
for construction to occur, then the bald eagle management plan may be
amended. Noise abatement is a priority for nesting eagles, monitoring of
the birds by a reputable biological firm is necessary, and the eagle watch
volunteers should augment the monitor since they have viewed this pair of
eagles for the last eight years. Lynda White has volunteered to lead an
education program on the nesting habits of bald eagles for the construction
workers. Lynda White believes that a responsible management plan can
result in successful nesting season even with ongoing construction. She
believed it was unacceptable that this project does not require an
incidental take permit. She urged the county to establish an eagle
management plan. Lynda White added that Chris Oslegar has expressed a
willingness to amend his management plan to include her suggestions, she
believes that he is sincere in his desire to do what is best for the birds, and
she believes that the amended management plan will minimize the current
impacts to the eagles in this area.
3) Mimi Wolok represented the Estuary Conservation Association,
(ECA). ECA monitors the health of Wiggins Pass. ECA supports the
proposed.residential development as long as the applicant complies with
environmental laws and guidelines, follows the recommendations of ECA:
no construction activities during the bald eagle nesting season in the
primary or secondary zones, the height of the condo unit should be limited
to the height of the bald eagle nest, water quality testing should be done
immediately and incorporated into the community water testing program
that is currently being conducted, and the testing program should carry out
for the next five years. Mimi Wolok placed a letter from the President of
ECA, Andy Hill, and a letter from Robert Mountain Jr. regarding evidence
that bald eagles occur in the construction zone into the record.
Page 13
August 6, 2003
4)Doug Fee,President of the North Bay Civic Association, submitted
emails into the record of individuals who were in support of sending a
recommendation of denial to the BCC. Mr. Fee stated two quotes for the
record: -"We do not feel that there are any environmental issues".
-Came from Chris Oslegar in a meeting the North Bay Civic Association
attended.
-"The applicant will not have to go before the EAC."—Came from
Bob Mulhere at a public meeting.
-Mr. Fee stated that he was representing hundreds of individuals who
could not attend this meeting and they recommended denial of this rezone.
He explained that they provided a binder to the committee that included
the North Bay Civic Association's position, public comment letters, and
two petitions to deny the rezone and protect the eagles. Mr. Fee explained
that they feel the current marina is a benefit to the bald eagles and
manatee. They are opposed to construction in the secondary zone during
the nesting season.
''~ 5) Lew Schmidt,Pine Avenue Resident, stated that he was president of a
marine transportation company in the port of Chicago. He suggested that
the proposed marina was not given appropriate consideration. He was
opposed to 50ft docks since they encouraged large boats, which were not
able to go through the area without causing problems. He requested that
the EAC suggest to the developer that he reconsider the marina
configuration.
6) Ralf Brookes, was opposed to the re-zone since it did not consider the
human element; the fact that it was removing public accessibility to
docking. He believed that a marina should be located at this site. Mr.
Brookes was against construction during the nesting season and felt that
they were experiencing an "erosion of the bald eagle protection". Mr.
Brookes felt that there was no reason to change the zoning and that to do
so was inconsistent with the comprehensive plan, since it was not
preserving water related uses. He felt the idea was to "protect the
potential for this site to be used as a marina". (Handouts and
Page 14
August 6, 2003
,—� presentational materials used by Mr. Brookes were not provided to the
court reporter.)
7) Dick Macken represented the 216 owners of The Village of Emerald
Bay. The residents were opposed to the rezone for a variety of reasons.
They feel that the decline in the number of bald eagles in Florida is due to
the "steady encroachment of development on the birds nesting sites". The
residents feel that the bald eagles are well adapted to their site, where they
have "habituated" to the problems of noise and traffic coming from the
marina and the road. They believe that the construction of the high-rise
towers will "almost certainly" lead to the abandonment of the nest.
8)Barbara A. Bateman,resident of Naples Park, was opposed to the re-
zone and believed that there was a need for a marina in the area. She
believed it would be a benefit to the county if they acquired the property
and maintain the marina uses.
9)Marie Sourbeer,resident of Naples Park, was opposed to the re-
zoning because Collier County had a need for boating services and
facilities. She noted that the lack of boating facilities leads people to store
their boats in their garages, which is a code violation. She recommended
that the county consider purchasing this land and maintain the marina
uses.
10)John Hickey represented 356 residents of Beach Walk Resident's
Association. The members are opposed to the rezone because of the
negative impacts of construction on the nesting eagles, there is a need for
marinas in Collier County, deeper draft dredging is a danger to manatees
and mangroves, the US Army Corps of Engineer study has not been
completed yet, eco-ventures does not currently own the land and will
probably not purchase it if the rezone is denied, and the use of this
property is more efficiently used as a marina.
11) Tom Gardella,Bonita Shores resident, stated that his family was
opposed to the building of a high-rise since it also affected humans as a
species. He was very concerned about the view pollution.
Page 15
August 6, 2003
�-. 12) Susan Stiefel, Vanderbilt Beach Estates area resident, stated that she
belonged to the ECA. She stated that the ECA was opposed to the re-zone
if any construction occurs during the nesting season. She felt that the
Army Corps of Engineers report needed to be completed in order to
understand the possible impacts to the eagles. She "echoed" the opinions
of those who spoke regarding the human rights in the neighborhood.
13)Bob Stone did not believe that the high rise would be more "friendly"
to the eagles than the marina, since the eagles have become accustomed to
this environment. He also did not believe that the applicant would stop
construction if a disturbance was noticed and he felt that the development
would further destroy the coastal environment. Mr. Stone was opposed to
the re-zone.
14) Donna Reed Caron stated that the applicant had requested to tear
down a pine tree that the eagles nested in. She explained that this is one of
the reasons she did not believe the applicant was concerned with the
rte` eagles safety. She called the state DEP and spoke with Judy Wysoki and
found out that the DEP does not make any distinction between residential
or commercial properties in regards to clean-up and the upland dredging
will stir up old sediment which could find its way into the estuary. She
was opposed to the rezone.
15)B.J. Savard-Boyer,President of the Vanderbilt Beach Property
Owners Association, stated that they are opposed to the rezone. She noted
that there might be a potential buyer, maybe even the government, of the
property if it remained commercial. She believed that this project is not
"human being friendly".
16) Bonnie L. Karkut,the North Bay Civic Association, stated that this
project will not be better for the environment as the petitioner has stated.
She was concerned about the decrease in public access. She was opposed
to the rezone.
17)John Bache,resident of Tiburon, was in favor of the residential
rezone. He believed that a residential zoning of this property would
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August 6, 2003
benefit the environment. He noted that condos would also increase the
tax-base. He added that he was a member of ECA and he agreed that the
water quality needed to be cleaned up, but this would cost a lot of money.
18) Anita K.Brown stated that she was against the rezone and the high-
rise towers, since it caused view pollution. She also believed that this
project would destroy the environment. She asked the committee to
consider the human rights and the rights of the future children to enjoy the
environment. She believed that the committee was not hearing from
neutral experts and requested the EAC to urge the county to find neutral
experts to evaluate these plans. She requested that the county buy this
land and keep it open to the public.
19) Robert Nolan,Pelican Island Yacht Club resident, was in favor of the
rezone to residential use. He noted that the issue was not about saving a
marina, it was about the environment. He believed that the manatee would
benefit greatly from the improvements that this project is proposing. He
added that the owner had the right to sell this property to whoever he
wants.
20) Tom Nelson explained that he is one of the eagle watchers, who has
spent a lot of time watching this particular eagle nest. He was opposed to
any construction during nesting season. He noted that the flight pattern of
these eagles is that they come in from all directions. He felt that the
county needed to establish an eagle management plan in the future.
21)John Findley, Certified Marina Manager and Level 4 Responder for
the state of Florida, stated that a commercial marina has a higher potential
for spills than a residential marina. He added that a commercial property
could be built in this space and then people will still be concerned about
the increased traffic, noise, etc... As for dredging, he explained that
deeper waters are better for manatees. He was not for or against the
proposed project, he only felt that people were not considering the
possibility of other commercial uses that could be worse.
Page 17
August 6, 2003
-Rich Yovanovich replied that most of the issues heard from the public were
emotional issues with a desire to keep the property as a marina. He did not
believe this was possible unless the county purchased the property. He was also
concerned that the motive behind those against the rezone was not to protect the
environment, but to keep the property at a lower price range so that the county has
a chance to purchase the property.
-Chris Oslegar added that the proposed project will have less of a detrimental
effect on the water quality than the marina, eliminate a fleet of rental boats,
reduce the number of boat storage on the site by 90%, and vehicle traffic will be
significantly reduced by the residential zoning. He added that they agree the
eagle protection is extremely important and they are confident that they can do a
better job of protecting the eagles than anyone else. They have worked with
professional groups to see "through the eyes of the eagles" and they have formed
relationships with environmental groups to further ensure the safety of the eagles.
Other benefits to consider are the planting of additional .82 acres of mangroves
and the creation of a large view corridor over the estuary.
-Mr. Hughes asked if the current owner, Wiggins Pass Marina, was responsible
for the contamination on the site. Ed Oslegar,president of eco-group, stated that
the current owner is legally responsible for the clean up of the site, but they are
within acceptable commercial standards. Mr. Hughes believed that the site might
not be valuable when considering the cost of clean up. Mr. Oslegar stated that
they estimate the cost of clean up at —$300,000 and they estimate the value of the
proposed use to be in the —20millions. Mr. Oslegar and Joe Tucker further
explained the clean up process with the committee.
-Mr. Sorrell asked about the roosting tree referred to by some of the public
speakers. Mr. Woodson stated that there is a tree that the eagles roost in and they
roost in this tree due to the fact that they are feeding at the marina. Tom Nelson,
eagle watch volunteer, stated that the Norfolk Pine is used as a roosting tree and
he had not observed marina people feeding the eagles.
Page 18
August 6, 2003
-Mr. Sansbury stated that he has seen the decline in public boating services and
facilities,but this is a government problem and they are not at this meeting to
discuss this problem. He noted that the EAC needs to address the environmental
effect of a residential zoning on this property and the only concerns he heard in
this regard is about the eagle. He explained that the US Fish &Wildlife and Ms.
White's organization are the ones who will make the decision on that matter.
-Mr. Gal and Mr. Hughes were concerned about the height of the building and the
affect that it might have on the Eagles.
-Alexandra Ellis made a motion to deny because there is still a large concern
about construction during nesting season and controls during non-nesting
season, the plan was contrary to county requirements since it eliminated
public access and dry boat storage, and there is a loss of diversity. There
was no second to the motion. The motion failed.
^ -Mr. Gal made a motion to amend stipulation 3A: to delete the second
sentence in paragraph A in the staff report.
-Ellen Chadwell, Assistant County Attorney, stated that staff informed her
that the GMP requires that there be compliance on this issue with the US
Fish &Wildlife Service. Mr. Gal asked if this meant that the county had
to defer to the height established by US Fish &Wildlife Services. Ellen
Chadwell replied yes.
-Barbara Burgeson stated that it would be in accordance with the
guidelines for the protection of the eagle's nest to restrict the height to the
height of the nest,but if the second sentence of this item was stricken from
the text, then it would be asking Fish &Wildlife to go further than their
guidelines. Mr. Sansbury clarified that this meant they could make this
recommendation in the motion, but if Fish &Wildlife approved 250 ft,
then the EAC would have to accept it. Barbara Burgeson stated that this
was correct.
Page 19
August 6, 2003
-Mr. Gal stated that the county could decide to have a stricter height than
Fish & Wildlife. Barbara Burgeson stated that in some cases they can
decide to do so.
-The motion was recalled. There was no second to the motion. The motion
failed.
-Mr. Hughes made a motion to approve with the caveat that should the US
Fish & Wildlife Service change or revise the eagle management plan, then
that change would come back for review by the EAC. It was seconded by
Mr. Sorrell. The vote was 3 for-2 against; thus without a 5 vote majority no
official position was taken. (Mr. Gal and Alexandra Ellis were against the
motion.)
-At 1:20pm the committee took a break for lunch until 1:57pm.
D) Planned Unit Development Amendment No. PUDZ-2003-AR-3860
"Artesa Pointe"
Section 3, Township 51 South, Range 26 East
-The court reporter swore in all those who were testifying.
-There were no disclosures to report.
-Wayne Arnold, Grady Minor Engineering, represented the petitioner. This
project used to be called Henderson Creek, but due to a conflict the name was
changed to Artesia Pointe. The project is -82 acres and currently zoned PUD.
The petitioner is requesting an amendment zoning to add a commercial
component to the project, which is 325,000 sq. ft. The GMP requires that they
provide a loop road, affordable housing, and that they provide their commercial
development along the 951 frontage. The petitioner is partnering with an
affordable housing provider that intends to build 300 units. The petitioner has
also been working with the Rookery Bay Exotics preserve staff in conjunction on
the environmental resource permitting.
Page 20
August 6, 2003
-Re-Anne Boylan,Boylan Environmental Consultants for the petitioner, located
the site on a map. The site is —82 acres, —33 are pine Flatwoods, and —27 are old
agricultural lands. There is about 21.91 acres of wetlands; 17.57 acres are mixed
pine and Cypress Cabbage Palm, while the rest are Hydra-Pine Flatwoods. This
site has been severed from receiving any major historic portion of its drainage.
The project will impact 16.79 acres of wetlands. They will preserve —5 acres of
wetlands along with the 7.25 acres of uplands adjacent to the creek. The
mitigation options have not been resolved, but they are meeting to discuss these
options. A listed species survey was done; abandoned burrows were found in the
farm-field area. The petitioner meets the county indigenous requirement. The
wetland impacts and any mitigation will be reviewed and approved by the water
management district.
-Alexandra Ellis asked about the public's awareness of this amendment. Mr.
Arnold stated that they met with Eagle Creek Country Club residents and the
mobile home park residents—Holiday Manor.
-Alexandra Ellis stated that she was concerned about the traffic issues and the
future plans for this area. Mr. Arnold discussed the future changes with her; with
the intersection improvements and the proposed signal, they do not have much
neighborhood or county concern over the traffic issues.
-Mr. Arnold stated that they agreed with and concurred with the staff conditions.
-There were no public speakers.
-Mr. Carlson noted that the wetland impacts were higher than he would like to
see,but based on the location and a lack of the opportunity to re-establish any
flows, he does not see how anything could be done.
-Mr. Hughes made a motion to approve with the staff stipulations and the
recommendation that the BCC review the traffic impacts of the project. It
was seconded by Mr. Carlson. All were in favor of the motion; the motion
passed unanimously, 7-0.
Page 21
August 6, 2003
E)Planned Unit Development No. PUDZ-2002-AR-3495
"Wentworth Estates PUD"
Section 29, 30,31, & 32,Township 50 South, Range 26 East
& Section 5, Township 51 South,Range 26 East
-The court reporter swore in all those who were testifying.
-Disclosures:
-Mr. Carlson stated that he had a meeting with and a presentation from the
petitioner.
-Mr. Humiston stated that he had a discussion with a member of Rookery
Bay.
-Bruce Anderson represented the applicant. This project is currently zoned PUD
and is known as the Lely Lakes PUD. The project includes 514 acres that are
now owned by the state and are part of the Rookery Bay Reserve. The proposed
amendment will eliminate the hotel resort village uses and seeks approval for a
maximum of 1499 dwelling units; density of 1.45 units per acre when excluding
the state owned lands. The team has met several times with the Rookery Bay staff
and the applicant is committed to continue this working relationship with Rookery
Bay, therefore the applicant will offer an educational program to the residents of
the development about the mission and the special nature of the Rookery Bay
Reserve.
-Russell Dancer, Senior Consultant for the Phoenix Environmental Group,
provided the committee with a packet of information to review. Mr. Dancer
reviewed the history of the project with the committee. From the beginning V.K.
Development has instructed their team to work with Rookery Bay and ensure that
the project"is done right". The group has tried to design their plan by
coordinating and cooperating with the agencies. They identified the
environmentally sensitive areas; wetlands. The high quality wetlands will be
preserved and enhance. Three times a listed species survey was done and they
have only found gopher tortoises, which are being protected by exceeding the
minimum requirements for their protection. A cooperative homeowner's
Page 22
August 6, 2003
association program was developed with Rookery Bay National Estuarine
research reserve staff that allows for prescribed burnings, provides for funding for
resource management, develops a homeowner's appreciation and support program
for Rookery Bay, and avoids any undesirable impacts to Rookery Bay. The
manager of Rookery Bay wrote a letter, which was included in the packet, stating
that they did not believe the project would negatively impact Rookery Bay.
Minor problems were identified during the survey for hazardous waste and these
items are being taken care of. The project is designed to address only —1/2 the
units per acre that are allowed by the county, the policy requirements for the
conservation and coastal management element are met, the preserve areas are
interconnected, 84% of the wetlands on this property will be preserved, proper
coordination was met with all the appropriate agencies, and the plan fits the Lely
stormwater improvement plan. Homeowner's association documents will be
developed that will allow for the appropriation of$374,000 going directly to
resource management and environmental education for Rookery Bay. This
program, the V.K. Development and Environmental Grant, states that $250 will
be given to this fund each time a property sells.
-Church Roberts, Johnson Engineering, reviewed the specific details of the site
listed on page two of the packet. The majority of the parcel is comprised of
agricultural fields; 70% of the uplands referenced. There are —264 acres of
wetlands identified by the state and 45 acres of other surface waters. The two
main factors of the wetland systems are the large slew that transects the center of
the property and wetland system to the north. —36 acres of wetlands are being
impacted, thus avoiding 84% of the wetlands. The main focus has been to
preserve the large, central preserve and the north-west wetland. In total there is
—298 acres of wetland and upland preservation. The Lely plan was also reviewed
with the committee; --125 acres of both onsite and offsite wetlands will be
improved due to the water management system. The site exceeds the carrying
capacity density per acreage set aside for Gopher Tortoises. In regards to off-site
listed species issues, there is a bald eagle nest —290 ft to the north. The only work
being done in the secondary zone is minor lake excavation, which will be done
Page 23
August 6, 2003
only during non-nesting season. A crocodile plan has been prepared in case
crocodiles utilize the site after construction.
-Mr. Hughes asked about fertilizer/herbicide issues and the regulations provided
to protect the homeowners in the area. Chris Hagan, Johnson Engineering, stated
that the water management program will be designed using wet detention lakes
and they will be doing 150% of the normal water treatment. There will be
perimeter berm-ing and collection facilities so that the run-off will be directed
back into the water management system and not into the wetland preserves. Mr.
Humiston asked if the plan included water quality testing at the point where it
discharges into the Rookery Bay Preserve. Mr. Hagan stated that the current plan
is to test where they discharge to the on-site wetlands, but they are working with
Rookery Bay to see about testing down into Rookery Bay as well. Some of the
V.K. Development Fund may be used to monitor this process.
Public Speakers
1) Gary Davis,The Conservancy of SW Florida, was opposed to the PUD
amendment, since they "did not preserve it (Rookery Bay) to see it be
rimmed with development". They believe that the area adjacent to
Rookery Bay should not have been included in the urban development.
He asked the EAC to "draw a line" on the allowed density for this site.
The Conservancy has reviewed the records from the previous PUD and the
BCC "drew lines" in order to protect Rookery Bay. A copy of the minutes
of the October 13, 1998 BCC meeting were provided to the committee.
Mr. Davis stated that the Conservancy could support the PUD amendment
if the 749 units per acre or less, (agreed to in the October 13, 1998
meeting of the BCC), be adhered to. The Conservancy is also concerned
about the water quality on this project. Mr. Davis reviewed the coastal
management element of the GMP: objective 2.1, objective 2.2, and
objective 2.22. Mr. Davis also noted that the concerns of the water
management district have not entirely been resolved yet. If the county
approves this PUD amendment, then the Conservancy would also like to
Page 24
August 6, 2003
see requirements on water quality addressed by the county and listed in the
PUD. The more people added to the area around Rookery Bay, then the
more impacts to Rookery Bay. The Conservancy suggests that the EAC
"draw the line" on the density.
-Mr. Carlson did not believe that the current developer had any obligation
to commit to the obligation of a past developer in regards to density;
referred to in the BCC meeting of October 13, 1998. Mr. Davis believed
that the obligation should be kept since it was made in order to protect
Rookery Bay.
-Mr. Carlson noted that he presumed the staff at Rookery Bay was happy
with the project. Mr. Davis stated that the Conservancy disagrees with
Rookery Bay.
-Mr. Carlson felt that this project has transitional quality and he believed
that it was the best project he had ever seen for that size. Mr. Davis did
not agree and stated that they saw this project as a project that will set the
standard for the rest of the properties surrounding Rookery Bay.
-Mr. Humiston asked if the Conservancy's concerns on water quality
would be resolved if the applicant worked out monitoring procedures that
were satisfactory to the staff at Rookery Bay. Mr. Davis stated that they
would like to see the monitoring procedures as part of the PUD, a
commitment to the county to be involved in this procedure, and limits
placed on the discharges.
-The petitioner stated that the points Mr. Davis raised were considered and
built into the plan. He added that they have worked with Rookery Bay
and agreed that they will have an active monitoring program and the
results of this program will be provided to Rookery Bay Staff. The project
will meet the standards for all three of the designations that this area has.
-Bruce Anderson stated that the Conservancy was really objecting to the
comprehensive plan. He did not feel that the minutes of the BCC meeting,
October 13, 1998, were relevant. Mr. Anderson felt that the improved
Page 25
August 6, 2003
environmental enhancements were changed circumstances. Mr. Anderson
pointed out that the Conservancy supported the Lands End project, which
had a higher density.
-Tad Bartareau,Rookery Bay, stated that he agreed with the comments
made by Russ Dancer and Bruce Anderson. In regards to the density
issue, Rookery Bay felt that it was transitional as described in the current
zoning. He pointed out that Mr. Hughes raised a good point in regards to
oil, and with the new rules, the homeowner association document, the
commitment by the developer, and the resource management grant will
enable them to better control this type of things and should they happen,
they will be in a better position to handle them. In regards to water
quality: the details of the water quality monitoring program are being
outlined in the Environmental Resource Permitting Process.
-Mr. Hughes felt that this would provide a great opportunity to document
and show baseline changes with this type of development. Mr. Bartareau
stated that this project goes a long way to address a wide variety of water
quality issues and he was confident in this project.
-Mr. Davis stated that the Conservancy did not support the density on
Land's End PUD, they supported the PUD due to the agreement for
decreased building height.
2) Vincent Temporo stated that if the approving agencies agree that this
project is in the best interest of all involved, then he does not have any
concerns. He stated that they told their employees to work with the
agencies, they are not trying to make money at the expense of the
community, and they believe in the protection of the environment. He
added that they met with all the neighbors of the projects and asked for
their concerns and considered all of these concerns. He noted that he only
heard one organization object to the density.
-Alexandra Santoro made a motion for approval with the staff
recommendations and noting the EAC concerns about water quality
Page 26
August 6, 2003
and the recommendation of an active monitoring program with the
Rookery Bay Preserve. It was seconded by Mr. Hughes
All were in favor of the motion; the motion passed unanimously, 7-0.
F) Excavation Permit No. EX-2002-AR-3112
"Golden Gate Quarry"
Section 21, Township 49 South, Range 27 East
-The court reporter swore in all those who were testifying.
-There were no disclosures to report.
-Stan Chrzanowski noted that this item was a commercial excavation and no
conditional use accompanied. Because the volume of the excavation exceeds
500,000 cubic yards, it is required to come before the EAC for review. Since
there is no conditional use, this item will go directly to the BCC after the EAC
review and it will not go before the CCPC. The site was located on a map.
-Mr. Carlson asked if road access for the existing mine would change. Mr.
Chrzanowski stated that he was informed that it would not change.
-Bruce Anderson, represented the applicant. He stated that this did not include a
conditional permit use for mining since the Collier County GMP regulations
allow earth mining as a permitted principal use in this area. The North Belle-
Meade Overlay state that the mining operations/hauling of the excavated materials
cannot generate truck traffic beyond the average historic levels of 156 roundtrips
per day. The overlay also regulate that the counties then existing excavation and
explosive regulations shall apply to the mining operation. The matter being heard
is the application of the county's excavation regulations to this permitted use.
The Rural Fringe Amendments and the North Belle-Meade overlay challenges
were unsuccessful. The client offered the following conditions: blasting would be
limited to l0am-2pm/no more than once a week and 5th street south-west (the
access point) would continue to be used/will be re-paved within 90days of the
BCC approval of this application.
-Mr. Sansbury asked if the ownership of the two mining sections was the same.
Mr. Anderson stated that it was not; the land that is the current subject is owned
Page 27
August 6, 2003
by East Naples Land Company and would be leased to APAC. Mr. Sansbury
asked if there was a county requirement for a reclamation plan. Mr. Duane stated
that N'DEP, who issued the permit in the packet, requires a reclamation plan and
this plan is included in the packet.
Public Speakers
1) Charles R. Goodacre, a resident on 5th Street, was concerned about
this project because in the past the blasting from this area caused cracking
in the area housing foundations, the walls to shake, and damage to items
within the house due to the tremors. He and some of his neighbors were
concerned that the blasting was overcharged. He also stated that the
community was very concerned about the speed of the trucks entering and
leaving the excavation area. This problem leads them to be concerned for
their safety and the safety of the children in the area. He requested that the
sheriff come out and sit on 5th street as a deterrent for the speeding trucks
or that APAC refuse to continue to employ the drivers that speed through
this area. He also stated that when the problems arose in the past, the
community received little assistance or concern from APAC.
-Bruce Anderson that there were —250 notices sent out and they exceeding the
number of notices required. He added that the client has no control over the speed
limit and it is really a law enforcement issue.
-Jeffrey Straw, Vice President of Geo-Sonics, stated that they measure ground
vibration and acoustics in this area. The blasting levels are established by the
state and there is a state blasting permit that is required. He explained the setting
for the charges of the explosive devices. Mr. Straw stated that the blasting in this
area are monitored and are under 1/3 of what is permitted by state statute. Claims
of damage are handled through a specific claims program outlined in Chapter
55230.
-Mr. Hughes stated that it was difficult to file a claim in the past without the
assistance of an attorney. Mr. Straw stated that prior to 2000 this was true, he
added that now the matter is heard before a hearing examiner and the rules of
procedure are still being written. Mr. Hughes asked how many overshots were
Page 28
August 6, 2003
normal. Mr. Straw stated that if he sees five a year, he would be very surprised.
Mr. Straw stated that for a commercial mining operation he does not know of any
overshot within the last five years.
-Mr. Chrzanowski noted that the county inspectors do not go out and do
seismograph testing anymore, but they have the equipment to do so if anyone
requests that they occasionally check the blasts.
-Mr. Sansbury asked if APAC would put together some signage and an
educational program to constructively warn the drivers of the speed limit as they
leave the site and some encouragement to follow the speed limit. Mr. Duane
stated that he did not believe there would be any objections to this. Mr. Carlson
felt that this was a law enforcement problem.
-Mr. Sorrell used to live close to this mine, he reiterated the problems of overshots
with the blasting, but he noted that they were under control the last seven years.
Mr. Sorrell asked Mr. Goodacre if he noticed the same or if he was discussing
present conditions. Mr. Goodacre stated that the problems are better than they
used to be, but there are still some problems and he was concerned that they will
get worse with the opening of the new project.
-Mr. Sansbury suggested that APAC put together an educational packet for their
drivers and that the public send their petition to the Sheriff's department
requesting more speed enforcement on this street. Mr. Carlson added that Mr.
Goodacre's "best bet" was to rally the citizens and take their concerns before the
BCC.
-Mr. Hughes noted that Mr. Chrzanowski had offered to occasionally send out
county staff to test the blast charge. Mr. Chrzanowski stated that the best scenario
would be for the citizens to call when they are having a problem and the county
staff can go out and test the blast when the petitioner is unaware.
-Mr. Hughes made a motion for approval with the stipulations discussed;
that the county services be available to monitor the blasting, the petitioner
put together an educational program to encourage the drivers to slow down,
and that the sheriff's department improve their enforcement in this area.
Page 29
August 6, 2003
It was seconded by Alexandra Ellis. All were in favor of the motion; the
motion passed unanimously, 7-0.
VI. Old Business
-Bob Krasowski,Zero Waste Collier County Group, provided the committee with a
summary videotape of their workshop. (A copy of this tape was not provided to the court
reporter.) He suggested that the EAC pay particular attention to the presentation given by
Dr. Jeff Morris, Mr. Allen Muller, and the discussion with Dr. Paul Conick. Mr.
Krasowski also provided the committee with a copy of the program from the workshop
and a press release on a related topic. (Copies of these two items were not provided to
the court reporter.)
VII. Council Member Comments
-There were no council member comments.
VIII.Public Comments
-There were no Public Comments.
IX.Adjournment
-There being no further business for the good of the County, the meeting was
adjourned by order of the Chair at 3:55PM.
Collier County Environmental Advisory Committee
Chairman Tom Sansbury
Page 30
October 1, 2003
ENVIRONMENTAL ADVISORY COMMITTEE
Board Meeting Room, 3rd Floor, Administration Building
3301 Tamiami Trail Naples, Florida 34112
9:00 A.M. October 1, 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: Thomas W. Sansbury
William Hughes
Alfred F. Gal
Alexandra Ellis
Edward Carlson
Erica Lynn
Kenneth Humiston
Collier County Staff:
Patrick White, Assistant County Attorney; Barbara Burgeson, Senior
Environmental Specialist; Stephen Lenberger,Environmental Specialist; Fred
Reischl, Principal Planner; Russell Webb, Principal Planner; Laura Roys,
Environmental Specialist
Page 1
October 1, 2003
I. Roll Call
-The meeting was called to order at 9:00 o'clock a.m. A quorum was established.
Members: Alexandra Ellis,Erica Lynn, Thomas W. Sansbury, William
Hughes, Alfred F. Gal, Edward Carlson, Kenneth Humiston
Alexandra Ellis was elected unanimously as Vice-Chairman of the
Environmental Advisory Committee
Collier County Staff: Patrick White, Barbara Burgeson, Stephen
Lenberger,Fred Reischl, Russell Webb
II. Approval of Agenda
-Approval of the Minutes of the last meeting was deferred until the November
meeting..
-LDC amendments will be heard in part today; the remainder will be heard at the
regular meeting in the beginning of November.
-III. Land Use Petitions
A. Planned Unit Development No.PUDZ-2003-AR-3665 "Bella
Lago", Section 3,Township 49 South,Range 25 East
-Chairman Sansbury swore in all those who would be testifying.
-There were no disclosures.
-Vincent Cotero, Vice President of Planning for Coastal Engineering
representing Gates McVey-Knopke, LLC, stated that the name Bella Laga will be
changed in accordance with the addressing ordinance.. Mr. Cotero proposed
2
October 1, 2003
approving a density just below three units per acre and outlined the primary uses
of the planned unit development.
Wade Waltemeyer, Earth Balance Consulting, stated that there were two main
issues on site, first, the wetlands area in the northeast corner of the site; second,
the presence of gopher tortoises. Mr. Waltemeyer stated that the applicant has
met the required 25% preservation area Mr. Hughes questioned whether there
would be a central clubhouse, and whether there were any provisions to make the
central clubhouse an emergency shelter..
-Mr. Cotero responded that there would be a clubhouse and that he was unsure
whether the developer would design the clubhouse to accommodate any more
than the residents that are in that particular subdivision and their guests .
-Mr. Waltemeyer stated that the incidence of death of the tortoises is very rare,
that there is no certainty as to why some tortoises have respiratory disease while
others do not and that there is a possibility the disease is related to stress.
Chairman Sansbury asked whether in relocation there is a planting requirement.
Mr. Waltemeyer responded this site has enough native vegetation once exotics are
removed to provide normal habitat that the tortoises are accustomed to.
Mr. Humiston asked whether there have been follow up studies done on the
success of relocation. Mr. Waltemeyer responded he was not aware of any.
Ms. Lynn asked what the minimum acreage was to maintain a gopher population.
Mr. Waltemeyer responded one third of an acre supports one tortoise, but the
tortoises need to interact with other tortoise populations. Ms. Lynn asked if the
area connects to other areas where there are gopher tortoises. Mr. Waltemeyer
3
October 1, 2003
stated that he thinks there is some habitat that would support tortoises to the east.
Ms. Lynn asked how long a gopher tortoise lives. Mr. Waltemeyer answered in
excess of 50 years. Ms. Burgeson stated that the gopher tortoise habitat is one of
the rarest in Collier County. and that this is a high quality habitat that
accommodates many different species and should be preserved. Mr. Carlson
stated that there appears to be habitat for gopher turtles adjacent to the preserve.
Mr. Wade stated that it has been established that 25 acres is the sustainable
population size and 50 individuals is the sustainable population number. A
motion was made by Mr. Humiston to recommend approval to the BCC of
the proposed LDC amendment in accordance with staff recommendations.
Mr. Gal seconded the motion. The motion was carried 6 to 1 with Ms. Lynn
opposing.
Michael Fernandez,Planned Development, stated that his firm has submitted a
proposal to amend the LDC relative to the gopher tortoise provision and that they
need relief now. Ms. Burgeson stated that it is staff's position that this proposal is
inconsistent with the Growth Management Plan and the proposal does not make
an attempt to preserve any of the habitat on site. Mr. Humiston asked if they
could do a relocation to a site that does not currently have a population.
Mr. Sansury stated that this is an item that should be in the GMP process rather
than the LDC process. Mr. Fernandez stated that the LDC has already provided
for relocation permits that the Growth Management Plan does not address directly
and that nothing is being done differently here and he does not believe the
4
October 1, 2003
provision is inconsistent with the Growth Management Plan and therefore this is
the appropriate venue in which to review the provision. Mr. Carlson made a
motion to support staff's recommendation that this go through the GMP and
be revisited in a more comprehensive manner. Ms.Ellis seconded the
motion. The motion was carried unanimously.
IV. New Business
LDC Amendments - Cycle 3
Mr. Webb stated that he is discussing LDC proposed amendment 2.2.2.2.1.
Mr. Webb stated that the definition of educational plant and ancillary plant are in
the second cycle and that educational plants refer to all buildings that are going to
be on the main complex; ancillary plants are secondary. Mr. Gal asked what is
the definition of an educational plant. Mr. Webb responded it is all the buildings
and facilities in the main complex that are located near the educational facility
and the ancillary plants are the structures that are off the main campus.
-Mr. Carlson stated that at this point all the items concerning educational plants
should be accepted.
Amendment Cycle 3, 2003,2.2.5.3
-Mr. Webb stated that it is uncertain whether this amendment will be a variance or
conditional use. Ms. Ellis stated that it was her understanding that the height of
the building was going to be according to its natural grade rather than according
to FEMA which would reduce the height of the building. Mr. Webb responded in
the affirmative.and stated that underground parking would be a conditional use. --
5
October 1, 2003
-Mr. Carlson made a motion to approve all LDCs referring to educational
plants,ancillary plants and the measuring of building height from grade.
Ms. Ellis seconded the motion. The motion was carried 7 to O.
Amendment Cycle 3,2003, 2.2.38
Mr. Webb stated that this amendment is for a new overlay district to address the
moratorium issue. Ms. Ellis asked if the essence was to set up the overlay for
well studies in different areas. Ms. Burgeson stated that the moratorium was in
effect for a period of two years and extended beyond that. Ms. Burgeson stated
that the result of the moratorium,the study, was to create new Land Development
Code language to answer the issues and questions that the community had.
Mr. Webb suggested that it might be a good idea to have Don Schneider back in
November.
Amendment Cycle 3,20032.3, Off-Street Parking and Loading
Ms. Ellis asked regarding parking short term in the streets. Mr. Webb responded
that he knew of no regulations in the LDC but there may be other ordinances
addressing that particular situation. Chairman Sansbury asked regarding a
definition of"24 hours". Mr. Webb stated that he did not know.
Chairman Sansbury stated that there should be a clarification between the terms
"permanent" and "temporary".
Amendment Cycle 3,2003, 2.3.5,Passenger Vehicle Parking
Mr. Webb stated that this section dealt with renumbering due to a scrivener's
error.
6
October 1, 2003
Amendment Cycle 3,2003, 2.3.21.4, Off-Street Loading
Mr. Webb stated that this section deals with restructuring the existing language
for clarification.
Amendment Cycle 3,2003.2.4.7.2,Landscaping and Buffering
Mr. Webb stated that section is adding language to reflect that the PSP process
will hereinafter be optional.
Ms. Ellis asked whether when this comes before us it will be the final project
rather than the preliminary. Mr. Webb responded that if the applicant chooses to
go straight to the final subdivision plat process it would be reviewed at the final
stage.
Amendment Cycle 3,2003, 2.4.7.5, Landscaping and Buffering
Mr. Webb stated that this proposed amended would incorporate the Construction
Standards Handbook for Work Within the Public Rights-of-Way Collier County,
Florida" into the LDC.
Amendment Cycle 3, 2003,2.5.5.2.3,Real Estate Signs
Mr. Webb stated that this amendment deals with realignment and adjustment of
text
Amendment Cycle 3, 2003,2.5.5.2.5.1.1,Pole or Ground Signs
Mr. Webb stated that this amendment would allow for a variance for road
frontage of businesses of up to 100 to 149.9 feet.
Amendment Cycle 3, 2003, 2.6.33, Coming Soon Signs
Mr. Webb asked if there were any comments. There were none
7
October 1, 2003
Amendment Cycle 3,2003, 2.228.1
Mr. Webb stated that this amendment has to do with kitchens and asked if there
were any comments. There were none.
Amendment Cycle 3,2003,2.7.3.5
Mr. Webb stated that this amendment has to do with PUD review and asked if
there were any comments. There were none.
Amendment Cycle 3,2003,2.7.4.9, Conditional Uses for Schools (PSP)
Mr. Webb asked if there were any comments. There were none.
Amendment Cycle 3, 2003,3.2.3, Subdivision Applicability
Mr. Webb asked whether anyone had any comments. There were none.
Amendment Cycle 3,2003 3.2.6.2,PSP Procedures
Mr. Webb asked if there were any comments. There were none.
Amendment Cycle 3,2003, 3.2.6.3.5,Relationship and Amendments to PSP's
Mr. Webb asked if there were any comments. There were none,.
Amendment Cycle 3, 2003,3.2.8.2.3, Water Management Plans
Mr. Webb asked whether there were any comments. There were none.
Amendment Cycle 3,2003, 3.2.8.3.19,Street Names,Markers and Traffic
Control (PSP)
Mr. Webb stated that this amendment refers to the PSP process being optional.
Amendment Cycle 3, 2003 3.2.9.1.2,Improvements in FSP(PSP)
Amendment Cycle 3, 2003,Page 145
-Mr. Webb this was taken from the interlocal agreement word for word.
8
October 1, 2003
Amendment Cycle 3,2003,Page 149,Item No. 3
-Mr. Humiston asked regarding what kind of a permit the U.S. Fish and Wildlife
Service issues.
-Ms. Burgeson responded it would be a technical assistance letter rather than a
permit.
-Mr. Gal asked who adopted the interlocal agreement.
-Mr. Webb responded that it was the Board of County Commissioners.
Amendment Cycle 3,2003 3.5.5.1.3,Development Excavation (PSP)
-There were no comments
Amendment Cycle 3,2003, 3.9.6.6
-Chairman Sansbury asked regarding exotic plant removal, are the County and
,..� private owners subject to the same standards.
-Mr. Webb responded yes, they are.
Amendment Cycle 3,2003, 2.12.5.1
-There were no comments.
Amendment Cycle 3,2003,Page 164,PSP
-There were no comments.
Amendment Cycle 3,2003,Page 165
-Ms. Burgeson stated the coastal construction control line is the state line and that
the County's actual language would be what we have adopted, the original CCCL
into the LDC was through the coastal construction setback line. Ms. Burgeson
indicated that a change would be made so that we reference the setback line there
instead of the control line.
9
October 1, 2003
-Mr. Humiston asked on Page 166 where it says "variances may be authorized"
under 3.13.5.1, it shall be prohibited to use any construction material that can
become dislodged during a storm event such as but not limited to the brick pavers,
stepping stones and so forth. Mr. Humiston stated that this was in conflict with
what the State does because the State would rather see something like pavers that
would be moved around during a storm rather than a slab because the State wants
storms to be able to move things like that out of the way so that if there is a storm
surge you are not channeling the water between buildings which could undermine
permanent structures.
-Ms. Burgeson stated that is applied more frequently to the building structures so
that there are friable parts of the structure that could be relocated to allow the
storm surge to wash through the first floor. Ms. Burgeson stated that the issue on
the stepping stones and pavers is that it is preferred that those not be used at all,
we are requesting prohibiting them because they get dislodged and embedded in
the beach and become detrimental to sea turtle nesting.
-Mr. ,. Humiston asked regarding sea walls.
-Ms. Burgeston indicated that is the same issue.
Mr. Humiston stated that his concern is that a property owner could be put in a
position of getting approval from the State for something that would be denied by
the County.
Ms. Burgeson responded that there are a number of places in the LDC where the
County takes a more restrictive regulatory position. Ms. Burgeson indicated that
in this case there have been discussions with the State and their position is to not
10
October 1, 2003
comment negatively on the paver bricks or stepping-stones so it becomes the
County's authority to regulate those.
Mr. Gal asked if these variances will come before the EAC.
Ms. Burgeson responded that they will not, there is something by the LDC that is
directed to go to BCC and staff attempted eight years ago to put these into the
process so that the EAC would review CCSL variances because they are
environmentally sensitive issues, but at that time the Board of County
Commissioners did not want these going in front of the EAC. Ms. Burgeson
stated that if that is something the EAC might consider, that could be added into
this amendment cycle.
Mr. Gal stated that he would prefer that. Mr. Gal asked regarding safety, what
would need to be constructed.
Ms. Burgeson responded that when construction such as a sea wall is required for
safety, typically erosion is the problem.
Mr. Gal asked regarding "no reasonable economic use of the property,"is that for
a homeowner who has already built over the coastal construction setback line, are
they grandfathered in.
Ms. Burgeson stated that there are exceptions in the amendment that state with a
single family home, modifications can be done as long as they stay within the
original foundation so they are grand fathered to that extent, to the extend that
they have gotten an approved CCSL variance in the past and they have
constructed by that variance.
r-1
11
October 1, 2003
Mr. Gal asked whether this is a case of someone may have a piece of land and
they want to build on the land but do not have enough room for setbacks so they
are going to have to build over the coastal construction setback line and the
County is going to have to grant a variance.
Ms. Burgeson stated that there has never been a request using this exception; the
language is in there from the Growth Management Plan and it is more likely a
legal property rights issue and language that provides for at least limited use of
the property.
Mr. Gal stated that he was opposed to that exception.
Ms. Burgeson responded that it is right out of the GMP and we would not be able
to make an amendment here without visiting that process first. Ms. Burgeson
stated that it could be researched and that before November an email would be
sent to let everyone know where the language came from and if the EAC has any
ability to make modifications, it can be done at the November meeting.
Mr. Humiston stated that if the EAC wished to make a recommendation for
changes in any of the things we are looking at today, the November meeting is
when we can do so.
Ms. Burgeson responded that the EAC can make the recommendations today, but
since we are coming back in November with more of the environmental review
package that resulted from the GMPs that were recently adopted or became
effective in January, the EAC can do that today, can reopen and revisit that in
November or postpone it until the November meeting and make your
recommendation at that time.
12
October 1, 2003
Mr. Humiston stated that he would like to make a recommendation concerning the
conflict between the County approach to the impervious surface of the pavers and
the local approach and that it should be taken out of there, 3.13.5.1.
Chairman Sansbury stated that since there is concern because of the potential
conflict, we have requested staff to come back at the November meeting after
researching the issues.
Mr. Humiston stated that staff needed to show that has been resolved with the
State so that it is not a conflict.
Ms. Burgeson stated that it is not so much a conflict as it is that the State defers
that final decision to Collier County.
Mr. Humiston stated that the State would not issue a permit for a slab whereas the
State would issue a permit for a paver.
Ms. Burgeson stated that the CCSL variance as it is written would not permit a
slab in front of the CCSL line, but only permit it behind the line. Ms. Burgeson
stated that according to the amendment language the only thing that would be
permitted in front of the line would be a boardwalk or other pervious pathways
because that would be considered more than a minor accessory structure.
Ms. Burgeson stated that the County would be the more restrictive entity.
Ms. Burgeson agreed to speak with the DEP.
Mr. Gal stated that he did not want the two exceptions reviewed but would rather
they be removed to prevent a conflict between what the State might approve as
opposed to what the County might approve.
13
October 1, 2003
Mr. White stated that the proposed regulation has a time clock on it, these are
two-year temporary permits.
Mr. Gal asked if that was to begin construction.
Mr. White said that is not the way it is written. Mr. White indicated that it
appears from the way it is written that the life cycle of a CCSL variance has a
maximum of three years from the date of approval.
Mr. Gal stated that needs to be corrected.
Ms. Burgeson stated that is the intent for the construction.
Mr. Gal stated that he wants a safety exception as well as economic utilization.
Mr. Gal stated that regarding 3.13.5, he would like the language which says
"where said prohibition would result in no reasonable economic utilization of the
property in question, for safety reasons"removed.
-Mr. Gal made a motion that the above-read language be removed from the
amendment. Mr. Gal amended the motion to delete the language regarding safety.
Chairman Sansbury stated that Mr. Gal has made a motion that would strike
"no reasonable economic utilization of the property in question". Motion
was carried 6 to 1, with request that one line be removed.
Chairman Sansbury asked as to 3.13.5.1, do we want some additional information.
Mr. Humiston stated that he would like it brought back again in November.
Ms. Burgeson agreed to bring the matter back in November.
Page 169, Setbacks
-Mr. Webb asked if there were any comments. There were none.
T ` Page 171, Guest Houses or Cottages
14
October 1, 2003
s-. -Mr. Webb asked if there were any comments. There were none.
Page 173,Airport Map
-Mr. Webb asked if there were any comments. There were none.
2.2.5.3, FEMA Elevations
-Mr. Webb asked if there were any comments. There were none.
Page C and D,FEMA
-Mr. Webb asked if there were any comments. There were none.
Page E and F,FEMA
-Mr. Webb asked if there were any comments. There were none.
Page G and H,FEMA
-Mr. Webb asked if there were any comments. There were none.
Page I and J, FEMA
-Mr. Webb asked if there were any comments. There were none.
Page K, L and M,FEMA
-Mr. Webb asked if there were any comments. There were none.
Page N,FEMA
-Mr. Webb asked if there were any question. There were none.
Page Q,Building Elevations
-Mr. Webb asked if there were any questions. There were none.
Page T,Building Elevations
-Mr. Webb asked if there any questions. There were none.
-Mr. Lenberger agreed to produce data on herbicides and pesticides.
15
October 1, 2003
�—, It was agreed among the EAC members that a representative from Emergency
Preparedness give the committee a presentation regarding emergency
preparedness and how it might relate to the LDC.
There being no further business for the good of the County, the meeting was
adjourned by order of the Chair at 11:05 o'clock p.m
Collier County Environmental Advisory Committee
Thomas W. Sansbury, Chairperson
16
IPCo er County
TO: Environmental Advisory Committee
FROM: Russell Webb, Principal Planner
DATE: October 22, 2003
n SUBJECT: Land Development Code Amendments For 2003 Cycle 3
Attached is the remainder of the LDC Amendments for Cycle 3, 2003, which
consists of the Eastern Lands/Rural Fringe Amendments. As you may remember
from the last meeting, we were not able to discuss these as they were not ready for
distribution.
If you have any questions, please call me at 403-2322. Thank you.
"""N, I/distr/LDC memo format/SM/sp
PLANNING SERVICES DEPARTMENT
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TABLE OF CONTENTS
TAB A RFMU DISTRICT
TAB B--- CONSERVATION-DISTRIC`P --- ----------- --:-. .
TAB C RLSA DISTRICT
• DESIGN STANDARDS
• BASELINE STANDARDS
TAB D NRPA OVERLAY
TAB E NBMO
TAB F ESSENTIAL SERVICES
• TAB G COMMUNICATIONS TOWERS
TAB H LITTORAL SHELF PLANTING.AREA
TAB I TDRS
TAB J DENSITY BLENDING
TAB K EIS
TAB L VEGETATION RETENTION,ETC
TAB M LISTED SPECIES PROTECTION •
TAB N .ABBREVIATIONS & DEFINITIONS
opzk
TAL#531098.7
10/16/2003 DRAFT
TAB A
SECTION 2.2.2%
RURAL FRINGE MIXED USE DISTRICT
TAL#531097.5
10/16/03 DRAFT
2.2.2%x. RURAL FRINGE MIXED-USE DISTRICT(RFMU DISTRICT)
2.2.2%z.1 PURPOSE AND SCOPE
A. APPLICABILITY
B. EXEMPTONS
2/.2.1A/ RFMU RECEIVING LANDS
A. OUTSIDE RURAL VILLAGES
1. NBMO EXEMPTION •
2. MAXIMUM DENSITY
a. BASE DENSITY
b. ADDITIONAL DENSITY
(1) TDR
(a) CLUSTERING REQUIRED
(b) MINIMUM PROJECT SIZE
(c) EMERGENCY PREPAREDNESS
(2) ADDITIONAL DENSITY
3. ALLOWABLE USES
a. USES PERMUTED AS OF RIGHT
b. ACCESSORY USES
c. CONDITIONAL USES
4. DESIGN STANDARDS
a. FOR DEVELOPMENT NOT CLUSTERED
(1) MINIMUM LOT AREA
(2) MINIMUM LOT WIDTH
(3) MINIMUM YARD REQUIREMENTS
b. FOR CLUSTERED DEVELOPMENT
(1) LOT AREAS AND WIDTHS
(a) SINGLE-FAMILY
fb) MULTI-FAMILY..
(2) MINIMUM YARD REQUIREMENTS
(a) SINGLE FAMILY
(b) MULTI-FAMILY
(3) HEIGHT LIMITATIONS
(a) PRINCIPAL STRUCTURES
(b) ACCESSORY STRUCTURES
(4) MINIMUM FLOOR SPACE
e. PARKING
f. LANDSCAPING
g. SIGNS
5. NATIVE VEGETATION RETENTION
6. USABLE OPEN SPACE
B. RURAL VILLAGES
TAU/531097.5
1. ALLOWABLE
2. MDC OF NEIGHBORHOOD TYPES
a. ALLOCATION OF LAND USES
b. ACREAGE LIMITATIONS
3 DENSITY
a. BASE DENSITY
b. MINIMUM DENSITY
c. MAXIMUM DENSITY
4. OTHER DESIGN STANDARDS
a. TRANSPORTATION SYSTEM
b. LOCATIONAL RESTRICTIONS
SIZE
d. ADDITIONAL VILLAGE CRITERIA
5. NATIVE VEGETATION
6.
GREENBELT
7. OPEN SPACE
8. PROCESS FOR APPROVAL OF A RURAL VILLAGE
a. EIS
b. DEMONSTRATION OF FISCAL NEUTRALITY
2.2.2%3. NEUTRAL LANDS
A ALLOWABLE USES
1. USES PERMITTED AS OF RIGHT
2. ACCESSORY USES
3. CONDITIONAL USES
B. DENSITY
1, MAXIMUM GROSS DENSITY
2. RESIDENTIAL CLUSTERING
DIMENSIONAL AND DESIGN STANDARD
1. SINGLE-FAMILY DEVELOPMENT NOT UTILIZING CLUSTERING
a. MINIMUM LOT AREA
b. MINIMUM LOT WIDTH
c. MINIMUM YARDOPMENT UTILIZING CLUSTERING
UIREMENTS
2. SINGLE-FAMILY DEVELOPMENT
a. MINIMUM LOT AREA
b. MAXIMUM LOT AREA
c MINIMUM LOT WIDTH
d. MAXIMUM LOT WIDTH
3 HEIGHT LIMITATIONS
4 FLOOR AREA
5 PARKING
LANDSCAPING
7. SIGNS
D. NATIVE VEGETATION RETENTION
USABLE OPEN SPACE
TAL#531097.5
2.2.2%2.4. RFMU SENDING LANDS
A. ALLOWABLE USES WHERE TDR CREDITS HAVE NOT BEEN SEVERED
1. USES PERMITTED AS OF RIGHT
2. ACCESSORY USES
3. CONDITIONAL USES
B. ALLOWABLE USES WHERE TDR CREDITS HAVE BEEN SEVERED
1. USES PERMITTED AS OF RIGHT
2. CONDITIONAL USES
C. DENSITY
D. NATIVE VEGETATION
E. OTHER DESIGN STANDARDS
1. LOT AREA AND WIDTH
2. PARKING
3. LANDSCAPING
4. SIGNS
2.2.2%2.RURAL FRINGE MIXED-USE DISTRICT(RFMU DISTRICT)
2.2.212.1 PURPOSE AND SCOPE. The purpose and intent of the RFMU District is to provide a
transition between the Urban and Estates Designated lands and between the Urban and
Agricultural/Rural and Conservation designated lands farther to the east. The RFMU District t
employs a balanced approach. including both regulations and incentives, to protect natural
resources and private property rights, providing for large areas of open space, and allowing,
in designated areas, appropriate types, density and intensity of development. The RFMU
District allows for a mixture of urban and rural levels of service, including limited extension
of central water and sewer, schools, recreational facilities, commercial uses and essential
services deemed necessary to serve the residents of the RFMU District. The innovative
planning and development techniques which are required and/or encouraged within the
RFMU District were developed to preserve existing natural resources, including habitat for
listed species, to retain a rural, pastoral, or park-like appearance from the major public
rights-of-way, and to protect privatei,roperty rights.
A. APPLICABILITY.` The RFMU District as set forth herein is applicable to, and
implements. the RMFU designation on the future land use map (FLUM) of the Collier
County growth management plan (GMP). The maximum density permissible in the
RMFU District shall not exceed the density permissible under the policy provisions for
Sending, Receiving (including Rural Villages) and Neutral Lands, provided within the
RFMU District designation portion of the future land use element of the Collier County
growth management plan.
B. EXEMPTONS. The requirements of Section 2.2.21/2 shall not apply to, affect or limit the
continuation of existing uses. Existing uses shall include those uses for which all required
permits were issued prior to June 19,2002, and proiects for which a Conditional use or
Rezone petition has been approved by the County prior to June 19, 2002,or land use petitions
TAL#531097.5 !•
for which a completed application has been submitted 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.Hereafter,such previously approved
developments shall be deemed to be consistent with the Plan's Goals,Objectives and Policies
and 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 consistent with the
Plan's Goals.Policies and Objectives for the RFMU District as long as they do not result in an
increase in development density or intensity.
2.2.2.%.2 RFMU RECEIVING LANDS. RFMU Receiving Lands are those lands within the
RFMU District that have been identified as being most appropriate for development and to
which residential development units may be transferred from RFMU Sending Lands. Based
on the evaluation of available data, RFMU Receiving Lands have a lesser degree of
environmental or listed species habitat value than RFMU Sending Lands and generally have
been disturbed through development or previous or existing agricultural operations. Various
incentives are employed to direct development into RFMU Receiving Lands and away from
RFMU Sending Lands, thereby maximizing native vegetation and habitat preservation and
restoration. Such incentives include, but are not limited to: the TDR process: clustered
development: density bonus incentives: and,provisions for central sewer and water. Within
RFMU Receiving Lands, the following standards shall apply, except as noted in paragraph
2.2.2%1 above,or as more specifically provided in an applicable PUD.:
A. OUTSIDE RURAL VILLAGES
1. NBMO Exemption. Except as specifically provided herein NBMO Receiving Lands
are only subject to the provisions of Section 2.2.31.
2. MAXIMUM DENSITY
a. BASE DENSITY. The base residential density allowable within RFMU
Receiving Lands, exclusive of the applicable Density Blending provisions set
forth in Section 2.6.40, is one (1)unit per five(5) gross acres(0.2 dwelling units
per acre) or, for those legal nonconforming lots or parcel in existence as of June
22, 1999,one(1)unit per lot or parcel..
b. ADDITIONAL DENSITY
�) TDRS. Outside of Rural Villages,the maximum density achievable in RFMU
Receiving Lands through the TDR process is one(1)dwelling unit per acre.
fa)CLUSTERING REQUIRED. Where the transfer of development rights is
employed to increase residential density within RFMU Receiving Lands,
such residential development shall be clustered in accordance with the
following provisions:
TAI#531097.3 fi
i. Central water and sewer shall be extended to the project. Where �1
County sewer or water services may not be available concurrent
with development in RFMU Receiving Lands, interim private
water and sewer facilities may be approved.
ii. The maximum lot size allowable for a single-family detached
dwelling unit is one acre.
iii. The clustered development shall be located on the site so as to
provide to the greatest degree practicable: protection for listed
species habitat: preservation of the highest quality native
vegetation: connectivity to adjacent natural reservations or
preservation areas on adjacent developments: and. creation,
maintenance or enhancement of wildlife corridors.
(b) MINIMUM PROJECT SIZE. The minimum project size required in
order to receive transferred dwelling units is 40 contiguous acres.
(c) EMERGENCY PREPAREDNESS. In order to reduce the likelihood
of threat to life and property from a tropical storm or hurricane event
any development approved under the provisions of this section shall
demonstrate that adequate emergency preparedness and disaster
prevention measures have been taken by. at a minimum:
i. Designing community facilities, schools, or other public buildings
to serve as storm shelters if located outside of areas that are likely
to be inundated during storm events, as indicated on the Sea,Lake,
and Overland Surge from Hurricane Map for Collier County.
ii. Evaluating impacts on evacuation routes,if any, and working with.
the Collier County Emergency Management staff to develop an
Emergency Preparedness Plan to include provisions for storm
shelter space, a plan for emergency evacuation, and other
provisions that may be deemed appropriate and necessary to
mitigate against a potential disaster.
iii. Working with the Florida Division of Forestry. Collier County
Emergency Management staff, and the managers of any adjacent or
nearby public lands, to develop a Wildfire Prevention and
Mitigation Plan that will reduce the likelihood of threat to life and
property from wildfires. This plan shall address, at a minimum:
project structural design: the use of materials and location of
structures so as to reduce wildfire threat:_ firebreaks and buffers:
water features: and, the rationale for prescribed burning on
adjacent or nearby lands.
TM/531097.5
(2) Once the maximum density is achieved through the use of TDRs, additional
density may be achieved as follows:
(a) A density bonus of no more than 10% of the maximum density per acre
(0.1 units per acre) shall be allowed for the preservation of additional
native vegetation as set forth in Section 3.9.4.5.A.
•
(b) A density bonus of 10% of the maximum density per acre (0.1 units per
acre) shall be allowed for projects that incorporate those additional
wetlands mitigation measures set forth in Section 3.9.5:3.B.2.
3. ALLOWABLE USES
a. USES PERMITTED AS OF RIGHT. The following uses are permitted as of
right,or as uses accessory to permitted uses:
(1) Agricultural activities,including,but not limited to: Crop raising:horticulture;
fruit and nut production: forestry, groves: nurseries:ranching:beekeeping;
poultry and egg production:milk production:livestock raising,and
aquaculture for native species subject to the State of Florida Game and
Freshwater Fish Commission permits: Owning.maintaining or operating any
facility or part thereof for the following purposes is prohibited:
(a) Fighting or baiting any animal by the owner of such facility or any other
person or entity.
(b) Raising any animal or animals intended to be ultimately used or used for
fighting or baiting purposes.
(c) For purposes of this subsection,the term baiting is defined as set forth in
828.122(2)(a).F.S., as it may be amended from time to time.
(2) Single-family residential dwelling units, including mobile homes where a
Mobile Home Zoning Overlay exists.
�3) Multi-family residential structures,if clustering is employed.
(4) Rural Villages, subject to the provisions set .forth under Section
2.2.2 Y2.4.10.below.
(5) Dormitories, duplexes and other types of staff housing, as may be incidental
to, and in support o£conservation uses.
(6) Family Care Facilities: 1 unit per 5 acres and subject to Section 2.6.26. of this
Code.
TALa531097.5
(7) Staff housing as may be incidental to, and in support of. safety service '"
facilities and essential services.
(8) Farm labor housing limited to 10 acres in any single location
(a) Single family/duplex/mobile home: 11 dwelling units ver acre;
(b) Multifamily/dormitory: 22 dwelling units/beds per acre.
(9) Sporting_and Recreational camps not to exceed 1 cabin/lodging unit per 5
gross acres.
(10) Those Essential services identified as permitted uses in Section 2.6.9.1 and in
accordance with the provisions, conditions and limitations set forth therein.
(11)Golf courses or driving ranges, subiect to the following standards:
(a) The minimum density shall be as follows.
i. For golf course projects utilizing Density Blending Provisions set forth
in the Density Rating System of the FLUE: one(1)dwelling unit per
five(5)gross acres.
ii. For golf course projects not utilizing Density Blending Provisions,
including freestanding golf courses: the minimum density shall be one
(1)dwelling unit per five(5) gross acres, and one additional dwelling
unit per five(5)gross acres for the land area utilized as cart of the golf
course, including the clubhouse area.rough, fairways, greens, and
lakes,but excluding any area dedicated as conservation,which is non-
irrigated and retained in a natural state. The additional required density
for such golf course development shall be achieved by acquiring TDRs
from Sending Lands. •
(b) Golf courses shall be designed, constructed, and managed in accordance
with Audubon International's Gold Signature Program. The project shall
demonstrate that the Principles for Resource Management required by the
Gold Signature Program (Site Specific Assessment. Habitat Sensitivity,
Native and Naturalized Plants and Natural Landscaping. Water
Conservation, Waste Management. Energy Conservation & Renewable
Energy Sources, Transportation, Greenspace and Corridors, Agriculture,
and Building Design)have been incorporated into the golf course's design
and operational procedures.
fc) In order to prevent the contamination of soil, surface water and ground
water by the materials stored and handled by golf course maintenance
operations, golf courses shall comply with the Best Management Practices
TAI#531097.5
for Golf Course Maintenance Departments. prepared by the Florida
Department of Environmental Protection.May 1995.
(d) To protect ground and surface water quality from fertilizer and pesticide
• usage. golf courses shall demonstrate the following management practices:
(1) The use of slow release nitrogen sources;
(2) The use of soil and plant tissue analysis to adjust timing and amount of
fertilization applications;
(3) The use of an integrated pest management program using both
biological and chemical agents to control various pests;
(4) The coordination of pesticide applications with the timing and
application of irrigation water;
(5) The use of the procedure contained in IFAS Circular 1011. Managing
Pesticides for Golf Course Maintenance and Water Oualitv Protection.
May 1991 (revised 1995). to select pesticides that will have a minimum
adverse impact on water quality
e. To ensure water conservation, golf courses shall incorporate the following
in their design and operation:
(1) Irrigation systems shall be designed to use weather station information
and moisture-sensing systems to determine the optimum amount of
irrigation water needed considering soil moisture and
evapotranspiration rates.
(2) As available,:golf courses shall utilize treated effluent reuse water
consistent with Sanitary Sewer Sub-Element Objective 1.4 and its
policies;
(3) Native plants shall be used exclusively except for special purpose areas
such as golf greens. fairway& and building sites. Within these
excepted areas. landscaping plans shall require that at least 75% of the
trees and 50% of the shrubs be freeze-tolerant native Floridian species.
At least 75% of the required native trees and shrubs shall also be
drought tolerant species.
e. Stormwater management ponds shall be designed to mimic the fimctions of
natural systems: by establishing shorelines that are sinuous in configuration
in order to provide increased length and diversity of the littoral zone. A
Littoral shelf shall be established to provide a feeding area for water
(M)
TAL#5310975 -
dependent avian species. The combined length of vertical and rip-rapped
walls shall be limited to 25% of the shoreline. Credits to the site
preservation area requirements, on an acre- to- acre basis, shall be given
for littoral shelves that exceed these littoral shelf area requirements.
v. Site preservation and native vegetation retention requirements as those
set forth in 3.9.4 of this Code.
(12)Public and private schools, subject to the following criteria:
•
(a) Site area and school size shall be subject to the General Educational
Facilities Report submitted annually by the Collier County School Board
to the Board of County Commissioners.
(b) The Site must comply with the State Requirements for Educational
Facilities adopted by the State Board of Education.
(c) The site shall be subject to all applicable State or Federal regulations.
(13)Oil and gas exploration subject to state drilling permits and Collier County
Site Development Plan review procedures. Directional-drilling techniques
and/or previously cleared or disturbed areas shall be utilized in order to
minimize impacts to native habitats,where determined to be practicable. This
requirement shall be deemed satisfied upon issuance of a state permit
requiring compliance with the criteria established in Charter 62C-30.F.A.C.,
regardless of whether the activity occurs within the Big Cypress Swamp.
b. ACCESSORY USES.
1. Accessory uses as set forth in Section 2.2.2.2.2 of this Code.
2. Accessory Uses and structures that are accessory and incidental to uses
permitted as of right in the RFMU District.
3. Recreational facilities that serve as an integral cart of a residential
development and have been designated, reviewed._and approved on a site
development plan or preliminary subdivision plat for that development.
Recreational facilities may include,but are not limited to clubhouse,
community center building,tennis facilities,playgrounds and'playfields.
c. CONDITIONAL USES. The following-uses are permissible as conditional uses
subject to the standards and Procedures established in Division 2,7.4
(1) Oil and gas field development and production, subject to state drilling permits
and Collier County Site Development Plan review procedures. Directional-
drilling techniques and/or previously cleared or disturbed areas shall be
TAL#531097.5 c
utilized in order to minimize impacts to native habitats, where determined to
be practicable. This requirement shall be deemed satisfied upon issuance of a
state permit requiring compliance with the criteria established in Chapter 62C-
30. F.A.C.,regardless of whether the activity occurs within the Big Cypress
Swam
_
(2) Group care facilities and other care housing facilities, other than family care
facilities, subject to a maximum floor area ratio of 0.45.
(3) Zoos, aquariums, and botanical gardens,and similar uses.
(4) Facilities for the collection,transfer processing, and reduction of solid waste.
(5) Community facilities, such as. places of worship. childcare facilities,
cemeteries,and social and fraternal organizations.
(6) Travel trailer recreation vehicle parks, subject to the following criteria:
(a)the site is adiacent to an existing travel trailer recreational vehicle site: and
(b)the site is no greater than 100% of the size of the existing adjacent park
site.
(7) Those Essential Services identified in 2.6.9.2.A and B.
(8) In RFMU Receiving Lands other than those within the NBMO, asphalt and
concrete batch-making plants.
4. DESIGN STANDARDS
a. For Development not utilizing Clustering_per Section 2.2.2 4.2A.2.b.(1)(a)
above:
(1) MINIMUM LOT AREA: 5 Acres.
(2) MINIMUM LOT WIDTH: 165 Feet.
(3) MINIMUM YARD REQUIREMENTS:
(a) Front Yard: 50 feet
(b) Side Yard: 30 feet
(c) Rear Yard: 50 feet
(d) Nonconforming lots in existence as of June 22, 1999:
1. Front Yard: 40 feet.
TAL#531097.5 e.
2. Side Yard: 10 percent of lot width, not to exceed 20 '\
feet on each side.
3. Rear Yard: 50 feet.
b. For development utilizing Clustering per Section 22.2%a.2A.2.b.(1)(a)
above •
(1) LOT AREAS AND WIDTHS:
(a) SINGLE-FAMILY
1. Minimum Lot Area:4.500 square feet.
2. Maximum Lot Area: One Acre.
3. Minimum Lot Width: Interior lots 40 feet.
4. Maximum Lot Width: 150 feet.
(b) MULTI-FAMILY
1. Minimum Lot Area: One Acre. r''�
2. Maximum Lot Area:None.
3. Minimum Lot Width: 150 feet
4. Maximum Lot Width:None.
(2) MINIMUM.YARD REQUIREMENTS
(a) SINGLE FAMILY. Each single-family lot or parcel
minimum yard requirement shall be established within an
approved PUD. or shall comply with the following
standards:
1. Front: 20 feet (Note Front Yard Set back may be
reduced to 10 feet where parking for the unit is
accessed via a rear ally.
2. Side: 6 feet;
3. Rear. 15 feet
4. Accessory Per Section 2.6.2
TAL#531097.5
(b) MULTI-FAMILY. For each multi-family lot or parcel
minimum yard shall be established within an approved
PUD.or shall comply with the following standards:
1 Setback from Arterial or Collector roadwav(s):no
multi-family dwelling may be located closer than
200 feet to a roadway classified or defined as an
arterial roadway or 100 feet from any roadway
classified or defined as a collector roadway.
2. Front 30 feet.
3. Rear 30 feet.
4. Side'yard/separation between any multi-family
Buildings: One-half of the building height or 15
feet,whichever is greater.
5.Accessory:Per Section 2.6.2
(3) HEIGHT LIMITATIONS
�-� (a) PRINCIPAL STRUCTURES
1. Single Family 35 feet.
2. Multi-family: Five Stories not to exceed 60 feet.
3. Other structures: 35 feet except for golf
course/community clubhouses, which may be 50
feet in height.
(b) ACCESSORY STRUCTURES. Accessory: 20 feet, except
for screen enclosures.which may be the same height as the
principal structure.
(4) MINIMUM FLOOR SPACE
fa) Single Family 800 square feet
f b) Multi-family
1. Efficiency 450 Square feet
2. One Bedroom: 600 square feet
TAL#531097.5
3. Two or More Bedrooms: 800 square feet
c. PARKING. As required in Division 2.3 of this Code.
d. LANDSCAPING. As required in Division 2.4. of this Code.
e. SIGNS. As required in Division 2.5.of this Code.
5. NATIVE VEGETATION RETENTION. As required in:Section 3.9.4.3. of this
Code.
6. USABLE OPEN SPACE.
a. Projects greater than 40 acres in size shall provide a minimum of 70%
usable open space.
b. Usable Open Space includes active or passive recreation areas such as
parks.playgrounds, golf courses,waterways,lakes:nature trails, and other
similar open spaces. Usable Open Space shall also include areas set aside
for conservation or preservation of native vegetation and landscape areas.
c. Open water beyond the perimeter of the site, street right-of-way. except
where dedicated or donated for public uses, driveways, off-street narking
and loading areas, shall not be counted towards required Usable Open
Snare
B. RURAL VILLAGES. Rural Villages, including Rural Villages within the NBMO. may
be approved within the boundaries of RFMU Receiving Lands, subiect to the following:
1. ALLOWABLE USES:
a. All permitted uses identified in Section 2.2.2/2.2.A.3.a.,when specifically
identified in, and approved as part of. a Rural Village PUD.
b. Conditional uses 1 through 5,and 7 identified in Section 2.2.2 4.2.A.3.c.,
when specifically identified in,and approved as part of a Rural Village
PUD.
c. . All permitted and accessory uses listed in the C-4 General Commercial
District, Section 2.2.15.2. subject to the design guidelines and
development standards set forth in this Section.
d. Research and Technology Parks,with a minimum size of 19 acres and a
maximum size of 4%of the total Rural Village Acreage, subject to the
design guidelines and development standards set forth herein,the
applicable standards contained in Section 2.2.20.4.8.Research and
TAL#531097.5 y4
�-. technology park planned unit development district guidelines and
development standards,and further subiect to the following:
(1) Research and Technology Parks shall be permitted to include up to
w..
2Q%of the total acreage for non-target industry uses of the type
identified in paragraph(3)below; and,up to 20%of the total
acreage for workforce housing,except as provided in paragraph(7)
below. At a minimum. 60%of the total park acreage must be
devoted to target industry uses identified in paragraph(2)below.
The specific percentage and mix of each category of use shall be
determined at the time of Rural Village PUD rezoning:
(2) The target industries identified by the Economic Development
Council of Collier County are aviation/aerospace industry, hexa
technology industry and information technology industry,
include the following uses: software development and
programming; intemet technologies and electronic commerce;
multimedia activities and CD-ROM development; data and
information processing; call center and customer support activities;
professional services that are export based such as laboratory
research or testing activities; light manufacturing in the high tech
target sectors of aviation/aerospace and health and information
technologies; office uses in connection with on-site research;
development testing and related manufacturing: general
administrative offices of a research and development firm;
educational, scientific and research organizations; production
facilities and operations.
(3) Non-target industry uses may include hotels datma density consistent es in e
with the provisions in Section 2.2.15.4.7 and
through C-3 Zoning Districts that provide support services to the
target industries such as general office, edical, financial and
banks. fitness centers,
personal and professional services,
convenience sales and services, computer related businesses and
service& employee training, technical conferencing, day care
centers,restaurants and corporate and government offices.
(4) The Rural Village PUD shall include standards for the
development of individual building parcels within the park and
general standards shall be adopted for pedestrian and vehicular
interconnections, buffering, landscaping, open spaces. signage
lighting, screening of outdoor storage, parking and access
management. all to be consistent with and compatible to the other
uses within the village_.
TAI#5310973
(5) The Research and Technology Park must be adjacent to, and have P'1
direct access via an existing or developer constructed local road to
an arterial or collector roadway. The portion of the local roadway• .
intended to provide access to the Research and Technology Park
shall not be within a residential neighborhood and does not service
a predominately residential area.
(6) The Research and Technology Park shall be compatible with
surrounding land uses.Accordingly, it shall be separated from any
residentially zoned or designated land within the Rural Village by
a minimum.Type "C" landscape buffer, as set forth in Section
2.4.7.4 of this Code.
j7) Whenever workforce housing is provided, it shall be fully
integrated with other compatible uses in the park through mixed-
use buildings and/or through pedestrian and vehicular
interconnections.
(8) Building permits for non-target industry uses identified in
paragraph(3) above shall not be issued prior to issuance of the first
building permit for a target industry use.
e. Anv other use deemed by the Board of County Commissioner is to be 'Th
appropriate and compatible within a Rural Village,
2. MIX OF NEIGHBORHOOD TYPES. Rural Villages shall be comprised of
several neighborhoods designed in a compact nature such that a majority of
residential development is within one-quarter mile of a Neighborhood Center.
Neighborhood Centers may include small-scale service retail and office uses, and
shall include a public park, square, or green. Village Centers shall be designed to
serve the retail, office, civic, government uses and service needs of the residents of
the Rural Village. The Village Center shall be the primary location for commercial
uses. Rural Villages shall be surrounded by a green belt in order to protect the
character of the rural landscape and to provide separation between Rural Villages
and the low density rural development, agricultural uses, and conservation lands
that may surround the Rural Village. Rural Villages shall be designed to include
the following: a mixture of residential housing types: institutional and/or
commercial uses: and recreational uses, all of which shall be sufficient to serve the
residents of the Rural Village and the surrounding lands. In addition, except as
specifically provided otherwise for Rural Villages within the NBMO, the
following criteria and conditions shall apply to all Rural Villages.
a. ALLOCATION OF LAND USES. Specific allocations for land uses
including residential, commercial and other non-residential uses within
Rural Villages, shall include,but are not limited to:
TAL#531097.5
(1) A mixture of housing types. including single-family attached and
detached, as well as multi-family shall be provide within a Rural
Village. A minimum of 10 percent of the required based density for
a Rural Village (2.0 dwelling units per acre) shall meet the
definition of affordable/workforce housing set forth Division 6.3 of
this code. Of the required 10 percent of affordable/workforce
housing units. at least 1.5% must not exceed 1/12 of 30 percent of
an amount. which represents 50 percent (for very low income
residents), and 1.5 per cent 80 percent (for low income residents).
In addition. 5% of the required based density for a Rural Village
(2.0 dwelling units per acre) shall meet the definition of workforce
housing set forth Division 6.3 of this code. For each housing unit
provided which meets the definition of"affordable"or"workforce"
housing, a credit of 0.5 market rate units shall be granted once the
base density of 2.0 dwelling units pre acre is achieved. The Rural
Village shall be deigned so as to disperse the affordable and
workforce housing units throughout the village rather than
concentrate them in a singular location.
(2) A mixture of recreational uses.including parks and village greens.
(3) Civic.community, and other institutional uses.
(4) A mixture of lot sizes.with a design that includes more compact
development and attached dwelling units within neighborhood
centers and the Village Center. and reduced net densities and
increasingly larger lot sizes for detached residential dwellings
generally occurring as development extends outward from the
Village Center.
(5) A mixture of retail. office.and services uses.
(6) If requested by the Collier County School Board during the PUD
and/or DRI review process.school sites shall be provided and shall
be located to serve a maximum number of residential dwelling units
within walking distance to the schools,subject to the following
criteria:
(a) Schools shall be located within or adjacent to the Village
ent
(b) A credit toward any applicable school impacts fees shall be
provided based upon an independent evaluation/appraisal of
the value of the land and/or improvements provided by the
developer,and
•TAI#53 1097.5
tTh
(c) Schools shall be located in order to minimize busing of .
students and to co-locate schools with public facilities and
civic structures such as parks, libraries, community centers,
public squares:greens and civic areas.
(7) Within the NBM Overlay, elementary schools shall be accessed by
local streets,pedestrian and bicycle facilities, and shall be allowed
in and adjacent to the Rural Village Center.provided such local
streets provide adequate access as needed by the School Board.
b. ACREAGE LIMITATIONS •
(1) Rural Villages shall be a minimum of 300 acres and a maximum of
1.500 acres, exclusive of the required green belt,with exception
that the maximum size of a Rural Village within those RFMU
Receiving Lands south of the Belle Meade NRPA shall not exceed
2.500 acres.
(2) Neighborhood Center-0.5%of the total Rural Village acreage,not
to exceed 10 acres,within each Neighborhood Center.
(3) Neighborhood Center Commercial—Not to exceed 40%of the
Neighborhood Center acreage and 8.500 square feet of gross
leasable floor area per acre.
(4) Village Center-Not to exceed 10%of the total Rural Village
acreage.
(5) Village Center commercial-Not to exceed 30%of the Village
Center acreage and 10.000 square feet of gross leasable floor area
per acre.
(6) Research and Technology Parks limited to a minimum size of 19
acres and a maximum size of 4%of the total Rural Village acreage.
(7) Civic Uses and Public Parks-Minimum of 15%of the total Rural
Village acreage.
3. DENSITY. A Rural Village shall have a minimum density of 2.0 units per gross
acre and a maximum density of 3.0 units per acreexcept that'the minimum
density with a NBMO Rural Village shall be 1.5 units per gross acre. Those
densities shall be achieved as follows:
a. Base Density. A base density of 0.2 dwelling units per acre (1.0 dwelling
units per five acres) for lands within the Rural Village, and the land area
TAL#531097.5 1,3f
•
designated as a greenbelt surrounding the Rural Village. is granted by right
for allocation within the designated Rural Village.
b. Minimum Density. For each TDR Credit for use in a Rural Village. one
Bonus Credit shall be granted. up to the minimum gross density
,- units per acre outside of the NEMO and 1.5 units per acre within the
NBMO•
c. Maximum Density. A developer may achieve a density exceeding the
minimum required density. up to a maximum of 3.0 units per acre. through
the following means:
(1) TDR Credits,
(2) An additional density bonus 0.3 units per acre for the additional
preservation of native vegetation as set forth in Section 3.9.4.5.B
(3) An additional density bonus of 0.3 units per acre for additional
wetlands mitigation as set forth in 3.9.5.B.2:and/or
(4) An additional density bonus of 0.5 units per acre for each housing
unit provided which meets the definition of "affordable" or
"workforce"housing.
4 OTHER DESIGN STANDARDS
a. TRANSPORTATION SYSTEM DESIGN.
(1) The Rural Village shall be designed with a formal street layout,
using primarily a grid design and incorporating village greens,
squares and civic uses as focal points.
(2) Each Rural Village shall be served by a binary road system that is
accessible by the public and shall not be gated.The road system.
within the Rural Village shall be designed to meet County
standards and shall be dedicated to the public.
(3) A Rural Village shall not be split by an arterial roadway.
(4) Interconnection between the Rural.Village and adiacent
developments shall be encouraged.
(5) Neighborhoods.Neighborhood Centers. and the Village Center
shall be connected through local and collector streets and shall
incorporate traffic calming techniques as may be appropriate to
discourage high-speed traffic.
/ C)
TAL1531097 5
(6) Consideration shall be given to the location of public transit and
school bus stops.
(7) Pedestrian paths and bikeways shall be designed so as to provide
access and interconnectivity,
b. LOCATION RESTRICTIONS AND STANDARDS.
(1) In locating both schools and housing units within the Rural
Village. consideration shall be given to minimizing busing needs
within the community.
(2) A Rural Village shall not be located any closer than 3.0 miles from
another Rural Village,
(3) No more than one Rural Village may be located in each of the
distinct RFMU District Receiving Areas depicted on the FLUM
and on the Official Collier County Zoning Atlas maps,
(4) A Rural Village shall have direct access to a roadway classified by
Collier County as an arterial or collector roadway. Alternatively,
access to the Rural Village may be via a new collector roadway
directly accessing an existing arterial,the cost of which shall be
borne entirely by the developer,
(5) A Rural Village shall be located where other public infrastructure,
such as potable water and sewer facilities, already exist or are
planned.
c. SIZE LIMITATIONS. Rural Villages shall be a minimum of 300 acres
and a maximum of 1.500 acres, except within RFMU Receiving Lands
south of the Belle Meade NRPA where the maximum size may not exceed
2,500 acres. This required Rural Village size is exclusive of the required
Greenbelt area set forth in Section 2.2.214.2.B.6.
d. ADDITIONAL VILLAGE DESIGN CRITERIA: Rural Villages shall be
designed in accordance with the following provisions:
(1) Rural Villages shall be developed in a progressive urban to rural
continuum with the greatest density, intensity and diversity
occurring within the Village Center. to the least density, intensity
and diversity occurring within the edge of the neighborhoods
approaching the greenbelt.
(2) Rural Villages may include "Special Districts" in addition to the r-1
Village Center, Neighborhood Center and Neighborhoods, to
TAL#531097.5 �O
.-. accommodate uses that may require use specific design standards
not otherwise provided for herein. Such Special Districts, their
proposed uses, and applicable design standards shall be identified
as part of the Rural Village PUD rezone process.
(3) The Rural Village PUD MasterPlan shall designate the location of
the Village Center and each Neighborhood,Neighborhood Center
and as may be applicable, Special Districts. Rural Villages shall
include a Village Center and a minimum of two distinct
neighborhoods,with defined Neighborhood Centers.
(4) Mixtures of allowable uses is encouraged to occur within buildings
in the Village Center and Neighborhood Centers,
(5) Transient lodging is permitted at up to 26 guest units per acre
calculated on the acreage occupied by the transient lodging and its
ancillary facilities if such parcel includes multiple uses.
(6) Building heights may vary within the Village Center and
exceeding
Centers,but shall not exceed 5 stories not
65 feet with the Village Center,or 4 stories no exceeding 55 feet
within the Neighborhood Center,and 3 stories not to exceed 40 feet
within 200 feet of the Greenbelt. The height exclusions set forth in
Section 2.6.3.1 of this code apply generally within a Rural Village.
The height exclusion set forth in Section 2.6.3.2. applies in the
Village Center only,except that:
(a) 2.6.3.2.(4)requiring 300 square feet of green spaces for
each parking space for which the height waiver is granted
shall not apply:however,
(b) For each parking space for which the height waiver is
granted, an equal amount of square footage of park, green,
square or civic use space shall be_provided in excess of the
minimums set forth in 2.2.2Y2.2.B.2.a.(7).
(6) The minimum lot area shall be 1,000 SF:however,within
neighborhoods, especially approaching the edge of the village and
the surrounding green belt,less compact larger lot residential
development may occur.'
(7) Within the Village Center and Neighborhood Centers,individual
block perimeters shall not exceed 2,500 linear feet.
(8) Within the Village Center and Neighborhood Centers required
yards shall be as follows:
TAU/531097.5
(a)Front setbacks-0 to 10 feet from the right-of-way line
f b)Side setbacks 0 feet
fc)Rear setbacks-0 feet
(9) Within neighborhoods outside of a Neighborhood or Village Center
required yards may vary but shall be designed so as to provide for
adequate light,opens space ad movement of air, and shall consider
the design objective of the urban to rural continuum with the
greatest density, intensity and diversity occurring within the Village
Center,to the least density. intensity and diversity occurring within
the edge of the neighborhoods approaching the greenbelt.
(10) Within the Village Center and Neighborhood Centers Overhead
encroachments such as awnings.balconies,arcades and the like,
must maintain a clear distance of 9 feet above the sidewalk and 15
feet above the street.
(11) Seating for outdoor dining shall be permitted to encroach the public
sidewalks and shall leave a minimum 6-foot clear pedestrian way
betweenthe outdoor dining and the streetscape planting area.
(12) Except as specificallyprovided for in paragraph 6 above,the design
of civic or institutional buildings shall not be subiect to the specific
standards of this subsection which regulate building height,
building placement. building use, parking, and signage but shall be
reviewed by Collier County planning staff with perspective as these
buildings creating focal points, vistas and significant community
landmarks. Specific design standards shall be provided in the Rural
Village PUD document.
(13) Architectural Standards: Buildings within the Village Center shall
be made compatible through similar massing, volume, frontage,
scale and architectural features. The PUD document shall adhere to
the provisions of Division 2.8 of this Code:_ however, deviations
may be requested where such deviations are shown to further these,
Rural Village design standards.
(14) Required vehicular parking and loading amounts and design
criteria:
(a) Single-family: On-site-As set forth in Division 2.3 of this
Code.
ri"))
TAI#531097.5 ,2? a
(b) Multi-family: On-site-75%of the requirements set forth in
Division 2.3. Required on-site parking may be further.
reduced on a space by spaces basis to 50% of the
requirements set forth in Divisions 2.3 for each on street
parking spa a located within 3_0_,L. of the subject
_ building(s). provided such spaces have not been allocated
to another use.(b) The maiority of parking spaces shall ...�
be provided off-street in the rear of buildings. or along the
side (secondary streets). Parking is prohibited in front of
buildings. •
(c) All other uses: 60% of the parking requirements set forth in
Division 2.3. Required on-site parking may be further
reduced on a space by spaces basis to 40% of the
requirements set forth in Divisions 2.3 for each on street
parking space located within 300 feet of the subject
building(s or within a public parking lot or parking garages
provided such spaces have not been allocated to another
NIL
(d) On-site parking areas shall be organized into a series of
small bays delineated by landscape islands of varied sized.
A maximum spacing between landscape islands shall be 10
spaces. Landscape islands and tree diamonds shall have a
minimum of one canopy tree.
fel Parking lots shall be accessed from alleys, service lanes or
secondary streets.
(f) Any or all of the above parking requirements may be
further reduced if a shared parking plan is submitted as part
of a Rural Village PUD or subsequent site development
plan application. The shared parking plan shall demonstrate
that the reduced parking is warranted as a result of the
following: shared building and/or block use(s) where..
parking demands for certain uses are low when other
demands are higher, a concentration of residential dwelling
units located within 600 feet of non-residential uses: the
existence of transit for use by residents and visitors.
(15) Landscaping minimums within the Village Center or within
Neighborhood Centers shall be met by:
(al Providing landscaping within parking lots as described, and
by providing a streetscape area between the sidewalk and
curb at a minimum of 5 Ft. in width,
TAJi531097 5 / 07-4 •
(b) Planting street trees every 40 Ft. O.C. The street tree
pattern may be interrupted by architectural elements such
as arcades and columns.
(c) Plantings areas,raised planters,or planter boxes in the front
of and adjacent to the buildings,where such planting areas
do not interfere with pedestrian access and mobility.
(d) Providing for additional pubic use landscape areas at
intervals within the streetscape, on identified parcels with
blocks, or as part of public greens, squares, narks or civic
uses.
f 16) Signs: The PUD document shall adhere to the provisions of
Division 2.5 of this Code: however, deviations may be requested
where such deviations are shown to further these Rural Village
design standards by providing for pedestrian scale signage
standards with Neighborhood Centers or the Village Center.
5, NATIVE VEGETATION. Native vegetation shall be preserved as set forth in
3.9.4.3.A.
6. GREENBELT. Except within the NBMO Rural Village-a greenbelt averaging a
minimum of 500 feet in width, but not less than 300 feet in width, shall be
required at the perimeter of the Rural Village. The Greenbelt is required to ensure
a permanently undeveloped edge surrounding the Rural Village, thereby
discouraging sprawl. Greenbelts shall conform to the following:
a. Greenbelts may only be designated on RFMU Receiving Lands.
b. The allowable residential density shall be shifted from the designated
Greenbelt to the Rural Village.
c. The Greenbelt may be concentrated to a greater degree in areas where it is
necessary to protect listed species habitat.including wetlands and
uplands,provide for a buffer from adiacent natural reservations,or
provide for wellfield or aquifer protection.
d. Golf courses and existing agriculture operations are permitted within the
greenbelt, subject to the vegetation retention standards set forth in Section
3.9.4.3.A.However, golf course turf areas shall only be located within
100 feet of the Greenbelt boundaries(interior and exterior boundary);
further, these turf areas shall only be located in previously cleared,or
disturbed areas.
TAL#531097.5
7. OPEN SPACE: Within the Rural Villa le a minimum of 7000 of I .en S sace
shall be rovided inclusive of the Greenbelt.
8. PROCESS FOR APPROVAL OF A RURAL
VILLAGE. A A. •lications •
•royal shall be submitted in the form of a Planned Unit Devel• •ment '
ID
ed b Collier Coun and sub'ect
rezone utilizin� the standard form s develo•
the Fees established for a PUD rezone a. •lication. Where a. •licable the Rural
Villa a PUD a. .lication will be submitted in con unction with a D 0 l. .ment .f
of Florida
Re i oval Im.act s . a. .lication as •rovided for in a ter
Statutes or in con'unction with an other Florida .rovisions of law that ma
su.ercede the DRI •rocess. The A.•lication for Rural Villa ePUD
UD.a!J.roval
an••
shall demonstrate l eneral com.liance with the •rovisions of Se
shall include the following additional submittal reQuireme
a. EIS An environmental impact statement for the Rural Village and
surroundingsurroi -------ndin^ Greenbelt area hall be submitted an accordance with the
requirements of Section 3.8 of this Codes
�
NEU
b. DEMONSTRATION OF � lla will be fiAn anal
neutral to coon is tha
demonstrates that the Rural Vi
tax•a ers outside of the Rural Villa e. This anal is shall evaluate the
demand and im actson levels of ser____ for ublic facilities and the cost of
such facilities and services necess to serve the Rural Villa e. In
additio this evaluation shall identi
.ro'ected revenue sources for
services
and 'an ca•ital im•rovements that ma be necess: to su. • •
the Rural Villa e. In conclusio this anal is shall indicate w
rovisions and/or commitments will be to ensure that the rovision f
necess: facilities and services will be fiscal! 'neutral toCoun
shall
tax.a ers outside of the Rural Villa:e. At a minim
consider the following:
(11 Stormwater/drainaee facilities:
2 Potable water rovisions and facilities
(31 Reuse or"Grey"water provisions for irriaP. tion:
4 Central ilitie
sewer revisions and facs'
(5) Lawenforcement facilitiies
(6) School facilitiees•
Roads.transit bic cle andpedestrian facilities and athwa •
(a) Solid Waste facilities.
TAUE5310973 431"
(b) Development phasing and funding mechanisms to address "1
any impacts to level of service in accordance with the
County's adopted concurrency management program to
ensure that there will be no degradation to the adopted level
of service for public facilities and infrastructure identified in
(1)through(7)above:
2.2.2%:.3. NEUTRAL LANDS. Neutral Lands have been identified for limited semi-rural
residential development. Available data indicates that Neutral Lands have a higher ratio
of native vegetation, and thus higher habitat values, than lands designated as RFMU
Receiving Lands, but these values do not approach those of RFMU Sending Lands.
Therefore. these lands are appropriate for limited development, if such development is
directed away from existing native vegetation and habitat. Within Neutral Lands, the
following standards shall apply:
A. ALLOWABLE USES. The following uses are permitted as of right:
1. USES PERMJTTED AS OF RIGHT,
(a) Agricultural activities,including,but not limited to: Crov raising,
horticulture, fruit and nut production,forestry, groves,nurseries,
ranching,beekeeping,poultry and egg production,milk production,
livestock raising, and aquaculture for native species subiect to the
State of Florida Fish and Wildlife Conservation Commission.
Owning,maintaining or operating any facility or cart thereof for the
following purposes is prohibited:
(1) Fighting or baiting any animal by the owner of such facility
or any other person or entity.
(2) Raising any animal or animals intended to be ultimately
used or used for fighting or baiting purposes.
(3) For purposes of this subsection, the term baiting is defined
as set forth in § 828.122(2)(a), F.S., as it may be amended
from time to time.
(b) Single-family residential dwelling units, including mobile homes
where a Mobile Home Zoning Overlay exists.
(c) Dormitories, duplexes and other types of staff housing. as may be
incidental to, and in support of conservation uses.
(d) Group housing uses subiect to the following density/intensity
limitations:
TAL#531097.5 11
(e) Family Care Facilities: 1 unit per 5 acres;
(f) Group Care Facilities and other Care H
usi0.4ng Facilities:
Maximum Floor Area Ratio(FAR)not to exceed
(g) Staff housing as may be incidental to, and in support ofsafety
service facilities and essential services.
f h) Farm labor housing limited to 10 acres in any single location:
(1) Single family/duplex/mobile home: 11 dwelling units per
(2) Multifamily/dormitorv: 22 dwelling units/beds per acre.
i Sporting and Recreational camps,not to exceed 1 cabin/lodging
unit per 5 gross acres.
(j) Those Essential services identified in Section 2.6.9.1.A.
(k) Golf courses or driving ranges, subject to the following standards:
(1) Golf courses shall be designed,constructed, and managed in
accordance with Audubon International's Gold Signature
(2) In order to prevent the contamination of soil, surface water
and ground water by the materials stored and handled by
golf course maintenance operations, golf courses shall
comply with the Best Management Practices for Golf
Course Maintenance Departments,prepared by the Florida
Department of Environmental Protection,May 1995.
(3) To protect ground and surface water uuality from fertilizer
and pesticide usage, golf courses shall demonstrate the
following management practices:
(a) The use of slow release nitrogen sources:
(b) The use of soil and plant tissue analysis to adjust
timing and amount of fertilization applications;
(c) The use of an integrated pest management program
using both biological and chemical agents to control
various pests;
ifOlr
TAL#331097.5
fd) The coordination of pesticide applications with the
timing and application of irrigation water,
(e) The use of the procedure contained in IFAS Circular
1011,Managing Pesticides for Golf Course
Maintenance and Water Oualitv Protection, May
1991 (revised 1995)to select pesticides that will
have a minimum adverse impact on water quality.
(4) To ensure water conservation, golf courses shall incorporate
the following in their design and operation:
fa) Irrigation systems shall be designed to use weather
station information and moisture-sensing systems to
determine the optimum amount of irrigation water
needed considering soil moisture and
evapotranspiration rates.
(b) As available. golf courses shall utilize treated
effluent reuse water consistent with Sanitary Sewer
Sub-Element Obiective 1:4 and its policies.
(c) Native plants shall be used exclusively except for
special purpose areas such as golf greens, fairways,
and building sites. Within these excepted areas,
landscaping plans shall require that at least 75%of
the trees and 50%of the shrubs be freeze-tolerant
native Floridian species.At least 75%of the
required native trees and shrubs shall also be
drought tolerant species.
(5) Stormwater management ponds shall be designed to mimic
the functions of natural systems:by establishing shorelines
that are sinuous in configuration in order to provide
increased length and diversity of the littoral zone.A
Littoral shelf shall be established to provide a feeding area
for water dependent avian species. The combined length of
vertical and rip-rapped walls shall be limited to 25%of the
shoreline. Credits to the site preservation area
requirements, on an acre-to- acre basis, shall be given for
littoral shelves that exceed these littoral shelf area
requirements.
(6) Site preservation and native vegetation retention
requirements shall be the same as those set forth in the
RFMU District criteria. Site preservation areas are
` •
TAL#531097.5
intended to provide habitat functions and shall meet
minimum dimensions as set forth in the Land Development
Code. These standards shall be established within one
1) Public and Drivate schools sujg
ect to the followin
bcriteria:
(1) Site area and school size shall be subject to the General
Educational Facilities Report submitted annually by the
Collier County School Board to the Board of County
Commissioners.
(2) The Site must comply with the State Requirements for
Educational Facilities adopted by the State Board of
Education.
(3) The site shall be subject to all applicable State or Federal
regulations.
(m) Oil and gas exploration subject to state drilling_permits and Collier
County Site Development Plan review procedures. Where
practicable. directional-drilling techniaues and/or previously
cleared or disturbed areas shall be utilized for oil and gas
exploration in order to minimize impacts to native habitats, where
determined to be practicable. This requirement shall be deemed
satisfied upon issuance of a state permit requiring compliance with
the criteria established in Chapter 62C-30. F.A.C. Nothing
contained herein alters the requirement to obtain conditional use
permits for oil and gas field development and production activities.
2. ACCESSORY USES. The following uses are permitted as accessory to
uses permitted as of right or to approved conditional uses:.
(a) Accessory Uses and structures that are accessory and incidental to
uses permitted as of right in Section 2.2.21/2.3.2 above.
(b) Recreational facilities that serve as an integral part of a residential
development and have been designated, reviewed, and approved
on a site development plan or preliminary subdivision plat for that
development. Recreational facilities may include, but are not
limited to clubhouse, community center building, tennis facilities,
playgrounds and playfields.
3. CONDITIONAL USES. The following uses are permissible as
conditional uses subject to the standards and procedures established in
Division 2.7.4
)14(3DB
TAL16310973
(a) Zoo, aquarium,botanical garden, or other similar use&
f b) Community facilities, such as. places of worship. childcare
facilities,cemeteries,social and fraternal organizations.
(c) Sports instructional schools and camps.
(d) Those Essential Services identified in 2.6.9.2.B.
(el Oil and gas field development and production subject to state
development permits. Where practicable, directional drilling
techniques and/or previously cleared or disturbed lands shall be
utilized to minimize impacts to native vegetation.
B. DENSITY
1. MAXIMUM GROSS DENSITY. The maximum gross density in Neutral
Lands shall not exceed one dwelling unit per five gross acres (0.2 Dwelling
units per acre). except that the maximum gross density for those legal
nonconforming lots or parcels in existence as of June 22. 1999. shall be
one dwelling unit per lot or parcel.
2. RESIDENTIAL CLUSTERING. Clustering of residential development is
allowed and encouraged. Where clustered development is employed, it
shall be in accordance with the following provisions:
a. If within the boundaries of the Rural Transition Water and Sewer
District, and consistent with the provisions of the Potable Water and
Sanitary Sewer Sub-elements of this Plan, central water and sewer
shall be extended to the proiect. Where County sewer or water
services may not be available concurrent with development in
Neutral Lands, interim private water and sewer facilities may be
approved.
b. The clustered development shall be located on the site so as to
provide to the greatest degree practicable:
(1) protection for listed species habitat;
(2) preservation of the highest quality native vegetation;
(3) connectivity to adiacent natural reservations or preservation
areas on adjacent developments: and
(4) creation,maintenance or enhancement of wildlife corridors, ,..�
TAU/531097.5 3 3
c. The minimum project size shall be at least 40 acres.
C. DIMENSIONAL AND DESIGN STANDARDS. Dimensional and Design
Standards set forth in Section 2.2.2.4 of this Code shall apply to all development
in Neutral Lands. except-for development utilizing the residential clustering
provisions in paragraph 2.2.21A.3.B.2. above. In the case of such clustered
development, the following dimensional standards shall apply to all permitted
housing structure types. accessory. and conditional uses:
1. For Development not utilizing Clustering per Section 2.2.2%.3.B.2, above:
a. MINIMUM LOT AREA: 5 Acres.
b. MINIMUM LOT WIDTH: 165 Feet.
c. MINIMUM YARD REQUIREMENTS:
fl) Front Yard: 50 feet
(2) Side Yard: 30 feet
f31 Rear Yard: 50 feet
(4) Nonconforming lots in existence as of June 22. 1999:
i. Front Yard:40 feet.
ii. Side Yard: 10 percent of lot width, not to exceed 20
feet on each side.
iii. Rear Yard:50 feet.
2. For single-family development utilizing Clustering per Section
22.2.2Y2.3.B.2,above:
a. Minimum Lot Area: 4.500 square feet.
b. Maximum Lot Area: One Acre.
c. Minimum Lot Width:Interior lots 40 feet.
d. Maximum Lot Width:150 feet.
3 HEIGHT LIMITATIONS
fa) Principal: 35 feet
TAL1531097.5 C`
(1:1 Accessory: 20 feet. except for screen enclosures,which may be the
same height as theprincipal structure.
(c) Golf course/community clubhouses: 50 feet
4. FLOOR AREA. The minimum floor area for each dwelling unit shall be
800 square feet.
5. PARKING. As required in Division 2.3.
6. LANDSCAPING.As required in Division 2.4.
7. SIGNS:As required in Division 2,5.
D. NATIVE VEGETATION RETENTION. Native vegetation shall be preserved as
set forth in Section 3.9.4.3.
E. USABLE OPEN SPACE
1. Usable Open Space:Proiects greater than 40 acres in size shall provide a
minimum of 70%usable open space.
2. Usable Open Space includes active or passive recreation areas such as
parks,playgrounds. golf courses,waterways, lakes,nature trails, and other
similar open spaces. Usable Open Space shall also include areas set aside
for conservation or preservation of native vegetation and landscape areas.
3. Open water beyond the Perimeter of the site. street right-of-way,except
where dedicated or donated for public uses, driveways.off-street parking
and loading areas, shall not be counted towards required Usable Open
Space.
2.2.2%2.4. RFMU SENDING LANDS. RFMU Sending Lands are those lands that have the
highest degree of environmental value and sensitivity and generally include significant
wetlands,uplands, and habitat for listed species. RFMU.Sending Lands are the principal
target for preservation and conservation. Density may be transferred from RFMU
Sending Lands as provided in Section 2.6.39.3. All NRPAs within the RFMU District are
also RFMU Sending Lands. With the exception of specific provisions applicable only to
NBMO Neutral Lands,the following standards shall apply within all RFMU Sending
Lands:
A. ALLOWABLE USES WHERE TDR CREDITS HAVE NOT BEEN SEVERED
1. USES PERMITTED AS OF RIGHT "--1
TAL#531097.5
a. Agricultural uses consistent with Chanter 823.14(6)Florida
Statutes (Florida Right to Farm Act).
b. Detached single-family dwelling units.including mobile homes
where the Mobile Home.Zoning Overlay exists,
c Habitat preservation and conservation uses.
d. Passive parks and other passive recreational uses:
e. Sporting and Recreational camps.within which the lodging
f. Those Essential Services identified in 2.6.9.1.B.
g. Oil and gas exploration subject to state drilling permits and Collier
County Site Development Plan review procedures. Directional-
drilling techniques and/or previously cleared or disturbed areas
shall be utilized for oil and gas exploration and oil and gas field
development and production activities in Sending Lands in order to
minimize impacts to native habitats, where determined to be
practicable. This requirement shall be deemed satisfied upon
issuance of a state permit requiring compliance with the criteria
established in Chapter 62C-30. F.A.C. Nothing contained herein
alters the requirement to obtain conditional use permits for oil and
gas field development and production activities.
2. ACCESSORY USES. Accessory Uses and structures that are accessory
and incidental to uses permitted as of right in Section 2.2.2Y2.4.2 above.
3. CONDITIONAL USES.
a. Those Essential services identified in Section 2.6.9.2.C.
b. Public facilities, including solid waste and resource recovery
facilities, and public vehicle and equipment storage and repair
facilities, shall be permitted within Section 25. Township 49S,
Range 26E, on lands adjacent to the existing County landfill. This
shall not be interpreted to allow for the expansion of the landfill
into Section 25 for the purpose of solid waste disposal.
c. Oil and gas field development and production subject to state
development permits. Directional-drilling techniques and/or
Previously cleared or disturbed areas shall be utilized for oil and gas
exploration and oil and gas field development and production
activities in Sending Lands in order to minimize impacts to native
habitats, where determined. to be practicable. This requirement
#1,
TAUT 531097.5
shall be deemed satisfied upon issuance of a state permit requiring
compliance with the criteria established in Chapter 62C-30. F.A.C.
Nothing contained herein alters the requirement to obtain
conditional use permits for oil and gas field development and
production activities.
d. Commercial uses accessory to permitted uses .1.a. 1.c, and 14
above, such as retail sales of produce accessory to farming, or a
restaurant accessory to a park or preserve, so long as restrictions or
limitations are imposed to insure the commercial use functions as
an accessory,subordinate use.
B. USES ALLOWED WHERE TDR CREDITS HAVE BEEN SEVERED
1. USES PERMITTED AS OF RIGHT
a. Agricultural uses consistent with Chapter 823.14(6)Florida Statutes
(Florida Right to Farm Act),.including water management facilities,
to the extent and intensity that such operations exist at the date of
any transfer of development rights,
• b. Cattle grazing on unimproved pasture where no clearing is required;
c. Detached single-family dwelling units,including mobile homes
where the Mobile Home Zoning Overlay exists,at a maximum
density of one dwelling unit per 40 acres.In order to retain these
development rights after any transfer,up to one dwelling must be
retained(not transferred)per 40 acres.
d. One detached dwelling unit,includingmobile homes where the
Mobile Home Zoning Overlay exists,per lot or parcel in existence
as of June 22, 1999, that is less than 40 acres. In order to retain
these development rights after any transfer,up to one dwelling must
be retained(not transferred)per eachlot or parcel. For the purposes
of this provision, a lot or parcel shall be deemed to have been ii
existence as of June 22, 1999,upon a showing of any of the
following:
(a) the lot or parcel is part of a subdivision that was recorded in
the public records of the County on or before June 22. 1999;
(b) a description of the lot or parcel,by metes and bounds or
other specific legal description,was recorded in the public
records of the County on or before June 22, 1999:or
TAL#531097.5
•
(c) an agreement for deed for the lot or parcel,which includes
description of the lot or parcel by limitedfixed boundary,
was executed on or before June 22. 1999
c. Habitatpreservation and conservation use
f. Passive parks and passive recreational uses.
Those Essential Services identified in2.6.9.1.B.
h. Oil and gas exploration subject to state drillingvermits and Collier
County Site Development Plan review procedures. Directional-
drilling
irectionaldrilling techniques and/or previously cleared or disturbed areas
shall be utilized for oil and gas exploration and oil and gas field
development and production activities in Sending Lands in order to
minimize impacts to native habitats.where determined to be
practicable. This requirement shall be deemed satisfied upoq
issuance of a state permit requiring compliance with the criteria
established in Chapter 62C-30.F.A.C..regardless of whether the
Sending,Lands in which oil and gas exploration and oil and gas
field development and production activities is within the Big
Cypress Swamp. Nothing contained herein alters the requirement
to obtain conditional use permits for oil and gas field development
and production activities.
2. CONDmONAL USES
a. Those Essential Uses identified in 2.6.9.2.C.
b. Oil and gas field development and production subject to state
development permits. Directional-drilling techniques and/or
previously cleared or disturbed areas shall be utilized
for
d production
and gas
exploration and oil and gas field development
activities in Sending Lands in order to minimize impacts to native
habitats. where determined to be practicable. This requirement..
shall be deemed satisfied upon issuance of a state permit requiring
compliance with the criteria established in Chapter 62C-30. F.A.C.
Nothing contained herein alters the requirement to obtain
conditional use permits for oil and _gas field development and
production activities.
c. Conditional use approval criteria: In addition to the criteria set
forth in Section 2.74.4 of this Code,the following additional criteria
shall apply to the approval of conditional uses within RFMU
Sending Lands:
b 1
TAIM310973
1. The applicant shall submit a plan for development that
demonstrates that wetlands.listed species and their habitat
are adequately protected as specified in Division 3.8.
2. Conditions may be imposed.-as deemed appropriate,to limit
the size.location. and access to the conditional use.
C. DENSITY. 1.0 dwelling units per 40 gross acres. except that any legal
nonconforming lot which existed as of June 22. 1999. shall be entitled to one
dwelling unit per each nonconforming lot or parcel. For the purpose of this
provision, a lot or parcel which is deemed to have been in existence on or before
June 22. 1999 is 1) a lot or parcel which is part of a subdivision recorded in the
public records of Collier County. Florida: or 2) a lot or parcel which has limited
fixed boundaries, described by metes and bounds or other specific legal
description, the description of which has been recorded in the public records of
Collier Counts,Florida on or before June 22. 1999: or 3)a lot or parcel which has
limited fixed boundaries for which an agreement for deed was executed prior to
June 22. 1999.
D. NATIVE VEGETATION RETENTION. As required in Section 3.9.4.3.
E. OTHER DIMENSIONAL DESIGN STANDARDS. Dimensional standards set
forth in Section 2.2.2.4 of this Code shall apply to all development in Sending
designated lands of the RFMU District,except as follows:
1. LOT AREA AND WIDTH
a. Minimum Lot Area: 40 acres.
b. Minimum Lot Width:300 Feet.
2. PARKING. As required in Division 2.3.
3. LANDSCAPING. As required in Division 2.4.
4. SIGNS. As required in Division 2.5.
TAUP531097.5 /42.
�-. 10/16/03 DRAFT
TAB B
SECTION 2.2.17
CONSERVATION DISTRICT
TAL#531099 2
10/16/03 DRAFT
SECTION 2.2.17 CONSERVATION DISTRICT
2.2.17 CONSERVATION DISTRICT
2.2.17.1 PURPOSE AND INTENT
2.2.17.2 ALLOWABLE USES
A. PERMITTED USES
B. USES ACCESSORY TO PERMITTED USES
C. CONDITIONAL USES
2.2.17.3 DESIGN CRITERIA
A. DIMENSIONAL STANDARDS
1. MINIMUM LOT AREA •
2. MINIMUM LOT WIDTH
3. MINIMUM YARD REQUIREMENTS
4. MAXIMUM HEIGHT
B. MAXIMUM DENSITY AND INTENSITY
1. SINGLE FAMILY DWELLINGS AND MOBILE HOMES
2. FAMILY CARE FACILITIES
3. GROUP CARE FACILITIES
tTh
4. SPORTING AND RECREATIONAL CAMPS
S. STAFF HOUSING
C. OFF-STREET PARKING •
D. LANDSCAPING
E. SIGNS
Sec.2.2.17. Conservation District(CON District).
2.2.17.1. Purpose and intent. The purpose and intent of the eConservation dDistrict(CON
District)is to conserve,protect and maintain vital natural resources within unincorporated
Collier County that are owned primarily by the public. All native habitats possess ecological
and physical characteristics that justify attempts to maintain these important natural
resources. Barrier Islands, coastal bays, wetlands, and habitat for listed species deserve
particular attention because of their ecological value and their sensitivity to perturbation.All
proposals for development in the CON District must be subject to rigorous review toensure
that the impacts of the development do not destroy or unacceptably degrade the inherent
functional values. The CON district includes such public lands as Everglades National Park,
Big Cypress National Preserve,Florida Panther National Wildlife Refuge,portions of tc
Big Cypress Area of Critical State Concern,Fakahatchee Strand State Preserve,Collier-
Seminole State Park,Rookery Bay National Estuarine Sanctuary Research Reserve,Delnor-
Wiggins State Park, and the National Audubon's Corkscrew Swamp Sanctuary(privately
owned),and CREW. It is the intent of the CON 4District to require review of.all
3'1 .
TAL#5310992
development proposed within the CON dDistrict to ensure that the inherent value of Collier
County's natural resources is not destroyed or unacceptably altered.The CON dDistrict
corresponds to and implements the conservation land use designation on the future land use.
map of Collier County growth management plan. termissiblegit
2.2.17.2. pe Allowable uses. The following uses are
,glovjA in the CON Distri
12 A Permitted uses.
i
1. ed-pazes On privately held land only, single family dwelling units, and
mobile homes where the Mobile Home Zoning Overlay exists.
2. On publicly and privately held lands only. dormitories, duplexes and other types of
housing. as may be incidental to.and in support of.conservation uses.
3• Passive parks, and other passive recreational uses, including,but not limited to:
2 °open space and recreational uses:; .
$biking,hiking,canoeing,and nature trailer;
cs $equestrian paths.,'
d. Nnature preserves and wildlife sanctuaries.
4 Habitatpreservation and conservation uses.
S Family and Group Care Facilities.
f •ly a,.,e;r....�
6. Sporting and Recreational camps incidental to Conservation uses on public lands: or,
on privately held lands.
7. Agricultural uses that fall within the scope of sections 163.3214(4) and 823.14(6)
Florida Statutes.
•
a:8.0i1 • -• _ - . . _ = extraction and related processing, using
directional drilling and/or previously cleared or disturbed areas.where practicable, in
order to minimize im acts tonative habitats
(f()
TAL#5310992 .
9. The following Essential Services;
a Private wells and septic tanks necessary to serve uses identified inl through 8
above.
b. Utility lines necessary to serve uses identified inl through 8 above,with the
exception of sewer lines.
c. Sewer lines and lift stations if all of the following criteria are satisfied:
(1l Such sewer lines or lift stations shall not be located in any NRPA Lands in the
CON District;
(2) Such sewer lines or lift stations shall be located with already cleared portions
of existing rights-or-wgy or easements: and
(3) Such sewer lines or lift stations are necessary to serve a central sewer system
that provides service to Urban Areas or to the Rural Transition Water and
Sewer District
d. Water pumping stations necessary to service a central water system providing
service to Urban Areas and/or the Rural Transition Water and Sewer District.
2.2.17.2.2.B Uses accessory to permitted uses.'Uses and structures that are accessory and
incidental to uses permitted as of right in the CON district.
22.17.3. Conditional uses. The following uses are permitted as conditional uses in the
eenservatien-distriet CON, subject to thestandards and procedures established in
divides Division 2.7.4 and further subject to: 1) submission of a plan for
development as part of the required EIS that demonstrates that wetlands, listed
species and their habitat are adequately protected: and 2)conditions which may be
imposed by the Board of County Commissioners, as deemed appropriate, to limit
the size, location, and access to the conditional use.
37--Eaftlanaininer
develepnlent-pennitar
1. Those Essential Services necessary for the public safety,
T
6 TAL#531099.2
2. Commercial uses accessory to permitted uses A.3.A.4.and A.7 above
such as retail sales of produce accessory to farming.or a restaurant.
accessory to a park or preserve. so long as limitations are imposed to
ensure that the commercial use functions as a subordinate use.
3. Staff housing in conjunction with safety service facilities and essential
servi
2.2.17.4. Desi¢n Criteria.
A Dimensional standards. The following dimensional standards shall apply to all Permitted
and accessory uses in the conservation district(CON):
L Minimum lot area.Five-aeres7 Each dwelling unit,other than for staff
veusing and
.ortin_ and recreational cam•s must be •h icall situated on a minim
arcel exc- •t within the Bi C ress National Preservees c wheret fthose each d al nonconfo o
be .h icall situated on a minimum 3 acre
lots or •arcels in existence as of June 22 2002 o ales anhin ie e r rfies u side of
the B••
C ress National Preserve and of less than 3 acres
Preserve-�
24 2 Minimum lot width.One hundred fifty feet.
2-24-7:4-2 3 Minimum yard requirements.
47a.Front yard. 50 feet
lb.Side yard. 50 feet.
37c.Rear yard. 50 feet.
2,247:41747 4.Maximum height. Thirty-five feet.
2727477 57 13 Maximum density and intensity
1. Sin a famil dwellin and mobile homes
a. One dwelling unit for each five gross acres or one dwelling unit for each legal,
nonconforming lot or parcel in existence as of June 22, 2002 of less than five
acres,except within the Big Cypress National Preserve.
2) b. Within the Bi C ress National Preserve one dwelling inunixisten�of e
per 3 gross acres,
or one dwelling unit per legal,nonconforming lotor parcel
22, 2002 of less than 3 acresv-withitt-the-BW-4gYPr-esa-Natieee1-41Feseroe the
. .. .
ZO- •
TAL#5310992
2. Family Care Facilities: 1 unit Der 5 acres.
3. Grout) Care Facilities and other Care Housing Facilities: maximum floor area ratio
not to exceed 0.45.
4. Sporting and Recreational Camps: 1 lodging unit per 5 gross acres: which may be
achieved through clustering.
5. Staff housing: 1 lodging unit per 5 gross acres, which may be achieved through
clustering.
2.2.17.4.6.D Off-street parking. As required in Division 2.3.
2.2.17.4.7.D.Landscaping As required in Division 2.4.
2.2.17.4.8 E. Signs.As required in Division 2.5.
TAI#531099.2
10/16/03 DRAFT
• • .
TAB C
2.2.27 RLSA DISTRICT
DESIGN STANDARDS
BASELINE STANDARDS
(30.
TAL#531101.4
•
TAB C: Section 2.2.27.2
New RLSA Definitions
2. Building Height—Refers to the vertical' :xtent of a building. Building height is
measured in Stories.
4. Context Zones—Areas that establish the use. intensity and diversity within a town,
village or hamlet Context zones specify permitted land uses.FARs,building
height setbacks,and other regulating elements to guide the establishment of the
urban to rural continuum. •
16. Neighborhood Edge—A defining Context Zone that includes the least intensity
and diversity within the town,village or hamlet. The zone is predominantly single
family residential and recreational uses. The Neighborhood Edge may be use to
provide a transition to adjoining rural land uses.
17. Neighborhood General — A defining Context Zone that creates community
diversity with the inclusion of a mix of single and multi-family housings
neighborhood scale_goods and services, schools. parks and other recreational uses,:
and open space.
18. Neighborhood Goods and Services Zones—Zones located within the
Neighborhood General Context Zone. These zones are intended to provide
convenient neighborhood scale retail and office use within proximity to the P
residential uses in order to support community walkability.
28. Special Districts — Areas dedicated for certain uses that cannot be incorporated
into one of the Context Zones. Special Districts provide for the inclusion of
unique uses and development standards not otherwise defined in a context zone.
36. Story—That portion of a building included between a floor which is calculated as
part of the building's habitable floor area and the floor or roof next above it.
37. Story.Half—The designation of a space on the upper level of a building in which
the walls at the eaves are zero to four feet.
35. Town Center-A defining Context Zone that is intended to provide a wide range
of uses, including daily goods and services, culture and entertainment, and
residential uses within a Town. The Town Center is an extension of eth Town
Core. however the intensity is less as the Town Center serves as a transition tQ
surrounding neighborhoods.
36. Town Core-A defining Context Zone within a Town. The Town Core is the most
dense and diverse Context Zone with a full range of uses. The Town Core is the
most active area within the Town with uses mixed vertically and horizontally.
38. Village Center - A defining Context Zone within a Village that is intended to
provide a wide range of uses including daily goods and services, culture and
entertainment, and residential uses.
4110
TAU531667.1
10/16103 DRAFT
2.2.27. RURAL LANDS STEWARDSHIP AREA(RLSA)ZONING OVERLAY DISTRICT—
STEWARDSHIP REGULATIONS(RLSA DISTRICT REGULATIONS)
2.2.27.1. Purpose and Intent
2.2.27.2. Definitions
1. Baseline Standards
2. Compact Rural Development(CRD).
2 Context Zones
3:4„ Designation
4. FSA Flow way Stewardship Area
3,1 Hamlet
6:7. HSA--Habitat Stewardship Area
*:8s Land Use—Land Cover Indices
^ 8;2, Land Use Layer(Layer)
9:10. Land Use Matrix(Matrix)
10:11.Listed Species Habitat Indices
4I:12.Natural Resource Index(Index)
113.Natural Resource Index Map Series(Index Maps)
4-3:14.Natural Resource Index Value(Index Value)
c Ne hborhood Edge
6 NeiQ�`borhood Gen17. eral
Nei borhood Goods and Services Zones
4.4:1$:Open Space
4-5 2 Post Secondary Institution Ancillary Uses
446720•proximity Indices
47:21.Restoration Potential Indices
48:22.Restoration Zone
4,}.2 RLSA District
2044,RLSA Overlay Map
2141.EISA District Regulations
2126. Soils/Surface Water Indices
27 Special District
SRA
24;x.SSA
`�to -
TAL*531101A
23:29. Stewardship Credit(Credit)
26:30. Stewardship Credit Database
27,31• Stewardship Credit System
28:32. Stewardship Credit Worksheet
29.33. Stewardship Overlay Designation
2034. Town
35. Town Center
36. Town Core
31-32 Village
38. Village Center
32:3 WRA—Water Retention Area
2.2.27.3 Establishment of RSLA Zoning Overlay District
A. RLSA District Zoning Map
B. Additional Land Designations With the RLSA District
1.Establishment of SSA Designations
2. Establishment of SRA Designations
23.27.4. Establishment of Land Uses Allowed in the RSLA District
pm
2.2.27.5 Establishment of a Stewardship Credit Database
2.2.27.6. Authorization to Establish a Stewardship Credit Trust
2.2.27.7. General
A. Creation of Stewardship Credits✓General
B. Transfer of Stewardship Credits/General
C. Allocation of Stewardship Credits/General
D. Five Year Comprehensive Review
2.2.27.8. Lands Within the RLSA District Prior to SSA or SRA Designation
A. Private Lands Delineated FSAs,HSAs,and WRAs
B. Private Lands Delineated as Open
C. Area of Critical State Concern(ACSC)
D. Public or Private Conservation Lands
E. Baseline Standards
F. No Increase in Density or Intensity in excess of
Baseline Standards
G. Lands Within RSLA District Not Designated SSA or SRA Subject to
Special Environmental Standards
alb
TALfl531101 A
2.2.27.9. SSA Designation as SSAs
A. Lands Within the RLSA District that can be Designated
1. •May,be.Within an SRA Boundary'
2. FSA Delineated Lands
3. HSA Delineated Land
4. WRA Delineated Lands
B. SSA Credit Generation-Stewardship Credit System •
1., Early Entry Bonus Credits
2. Credit Worksheet
3. Natural Resource Indices and Values
a.Natural Resource Indices
b.Index Values
c. Slough/Strand Index Score Upgrade
d Index Map
e. Restoration Potential Index
f. Restoration Stewardship Credits
4. Land Use Layers to be Eliminated j
a. Land Use Layers
b. Land Use Matrix
5. Matrix Calculation
C. SSA Designation Application Package
1. SSA Designation Application
2. Application Fee
3. ' Natural Resource Index Assessment
4. Support Documentation •
5. SSA Credit Agreement
6. Public Hearing for Credit Agreement
7. Recording of SSA Memorandum
8. Stewardship.Easement Agreement or Deed
D. SSA Application Review Process
1. Preapplication Confernce with County Staff
2. Application Package Submittal and Processing Fees
3. Application Deemed Sufficient for Review
4. Review by County Reviewing Agencies
5. Designation Review
6. Designation Report
E. SSA Application Approval Process
1. Public Hearing
2. Legal Description
3. Update the RLSA Overlay Map and Official Zoning Atlas
F. SSA Amendments
2.2.27.10. SRA Designation
A. Lands Within the RLSA District That Can Be
Designated as SRAs
1. Suitability Criteria
2. SRAs Within the ACSC
4g -
TAL1531101.4.4 /
B. Establishment and Transfer of Stewardship Credits
1. Transfer of Credits
2. Stewardship Credit Exchange
3. Public Benefit Uses
4. Mixed Land Use Entitlements
C. Forms of SRA Developments
1. Towns
2.. Villages
3. Hamlets
4. Compact Rural Developments(CRDs)
a. Size of CRDs limited
b. CRDs within the ACSC
5. Proportion of Hamlets and CRDs to Villages and Towns
6. SRAs as Part of a Development of Regional Impact(DRI)
D. SRA Designation Application PackaSe
1. SRA Designation Application
2. Application Fee
3. Natural Resource Index Assessment
4. Natural Resource Index Assessment Support Documentation
5. SRA Master Plan
6. SRA Development Document
7. SRA Public Facilities Impact Assessment Report
8. SRA Economic Assessment Report
9. Stewardship Credit Use and Reconciliation Application 29
10. Conditional SRA Designation
11. SRA Credit Agreement
E. SRA Application Review Process
1. Pre-Application Conference with County Staff
2. Application Package Submittal and Processing Fees
3. Application Deemed Sufficient for Review
4. Review by County Reviewing Agencies
5. .. Staff Review
6. . Staff Report
F. SRA Application Approval Process
1. Public Hearings Required
a. Public Hearing Before EAC,recommendation to the BCC
b. Public Hearing Before the CCPC,Recommendation to the BCC
c. Public Hearing Before the BCC,Resolution.Approved
2. Update Stewardship Credits Database
3. Update the Official Zoning Atlas and the RISA Overlay Map
4. SRA Amendments
a. Waiver of Required SRA Application Package
Component(s)
b. Approval of Minor Changes by the Administrator .
c. o Relationship to Subdivision or Site Development
Plan Approval
TAL#531101A
G. Master Plan
1. Master Plan Requirements
2. Master Plan Content
H. Development Document
I. DRi Master Plan
3. Design Criteria
1. SRA Characteristics
2. Town Design Criteria Mese/wed/
a. General Design Criteria
b. Transportation Network
c. Open Space and Parks
d. Context Zones
(1) Town Core •
(2) Town Center
(3) Neighborhood General
(4) Neighborhood Edge
(5) Special District
3. . Village Design Criteria{Roeervodi
a. General criteria
b. Buffers .
c. Transportation Network
d. . Open Space and Parks
e. Context Zones
(1) General ..
(2) Village Center
(3) Neighborhood General
(4) Neighborhood Edge
(5) Special District
4. Hamlet Design Criteria{Reserved}
a. General
b. Open spaces and parks
c. Context Zones
(1) Neighborhood General
(2) Neighborhood Edge
5. CRD Design Criteria Mese/will
a. General
b. Example
6. Design Criteria Common to SRAs
7. Infrastructure Required
8. Requests for Deviations from the LDC
K. SRA Public Facilities Impact Assessments
1. Transportation
2. Potable Water
3. Irrigation Water
4. Wastewater
5. Solid Waste
S6
TAL#531101A
6.. Stormwater Management �1
L. SRA Economic Assessment
1. Demonstration of Fiscal Neutrality
a. Collier County Fiscal Impact Model
b.Alternative Fiscal Impact Model
2. Monitoring Requirement
3. Imposition of Special Assessments
4.'. Special Districts Encouraged
2.2.27.11. Baseline Standards fie }
A. Purpose and Intent
B. Allowable Uses
C. Allowable Density and Intensity
D. Standards Applicable to FSAs.HSAs, and WRAs Within the ACSC
E. Standards Applicable to FSAs.HSAs. and WRAs,Outside the ACSC
F. Standards Applicable to Wetlands Located Outside FSAs.HSAs.WRAs,and the
ACSC
1. Preservation Criteria
2. Mitigation Reauirements
(3 Standards Applicable Throughout the RLSA District
1. General Standards for Protecting Listed Species and Habitat
2. Species Specific Standards
3. Management Plans
4. References
5. Native Vegetation Retention
6. Golf Courses
H. Environmental Impact Statement
2.2.27 Rural Lands Stewardship Area Overlay District Design Standards
2.2.27.1 No change.
2.2.27.2 Definitions. As used in the RLSA District Regulations,the terms below shall have the
following meanings:
1.-2.No change.
3. Context Zones:
[Renumber 3.through 13. to 4. through 14j.
TAL#531101A
'^ 15. Neighborhood Edge:
16. Neighborhood General:
17. Neighborhood Goods and Services Zones:
[Renumber 14.through 22.to 18.through 26].
27. Special District:
[Renumber 23.through 30.to 28.through 34].
35 Town Cent
6 Town Corte'
[Renumber 31.to 37].
38 Village Cent
[Renumber 32.to 39].
2.2.27.10. SRA Designation
• J. No change.
1. No change.
2. Town Design Criteria. . .
a. General
design criteria.
(1)Shall be compact,pedestrian-friendly and mixed-use;
(2)Shall create an interconnected street system designed to disperse and reduce the
length of automobile trips;
(3)Shall offer a range of housing tv,es and price levels to accommodate diverse ages
and incomes:Accessory dwelling units shall not count towards the maximum
allowed density.
TAL#531101.4
(4)Shall include school sites that are sized and located to enable children to walk or
bicycle to them;
(5)Shall provide a range of open spaces including neighborhood and community
parks,squares and playgrounds distributed throughout the community
(6)Shall include both community and neighborhood scaled retail and office uses;
(7)Shall have urban level services and infrastructure which supports development
that is compact. including water management facilities and related structures,
lakes, community and neighborhood parks,trails, temporary construction, sales
and administrative offices for authorized contractors and consultants,landscape
and hardscape features, fill storage, and site filling and grading-which are allowed
uses throughout the community.
(8)Shall be designed in a progressive rural to urban continuum with the greatest
density intensity and diversity occurring within the Town Core,to the least
density,intensity and diversity occurring within the Neighborhood Edge;
(9)Shall provide sufficient transition to the adjoining use, such as active agriculture,
pasture,rural roadway, etc.,and compatibility through the use of buffering,open
space, land use,or other means;
(10)Shall include a minimum of three Context Zones: Town Core,Town Center and
Neighborhood General, each of which shall blend into the other without the
requirements of buffers:and
(11)Shall include the Context Zone of Neighborhood Edge
b. Transportation Network
(1)The transportation network shall provide for a high level of mobility for all
residents through a design that respects the pedestrian and accommodates the
automobile.
(2)The transportation network shall be designed in an interconnected grid-system.
el°
TAI#531101A
(3)Streets shall be designed in accordance with the cross-sections provided herein,or
alternatively.County transportation staff may approve additional cross-sections
needed to meet design objectives.
c: Oven Space and Parks:..
(1)Towns shall have a minimum of 35%open space.
12)Towns shall have community parks that include sports fields and facilities with a
minimum level of services of 200 square feet per dwelling unit in the Town.
(3)Towns shall have passive or active parks,playgrounds,public plazas or
courtyards as appropriate within each Context Zone.
d. Context Zones. Context Zones are intended to guide the location of uses and their
intensity and diversity within a Town, and provide for the establishment of the urban
to rural continuum.
f 1)Town Core. The Town Core shall be the civic center of a Town. It is the most
dense and diverse zone,with a full range of uses within walking distance. The
Core shall be a primary pedestrian zone with buildings positioned near the right-
of-way.wide sidewalks shall be shaded through streetscape planting. awnings and
other architectural elements. Parking shall be provided on street and off street in
the rear of buildings within lots or parking structures. Signage shall be pedestrian
scale and designed to compliment the building architecture. The following design
criteria shall apply within the Town Core,with the exception of civic or
institutional buildings,which shall not be subject to the building height,building
placement,building use,parking, and signage criteria below, but,instead, shall
be subject to specific design standards set forth in the SRA Development
Document that address the perspective of these buildings' creating focal points,
terminating vistas and significant community landmarks.
(a) Uses—commercial,retail.office, civic,institutional,light industrial and
manufacturing, essential services,residential parks and accessory uses.
Such uses may occur in shared use buildings or single use buildings.
(b)The total building area within each block shall not exceed a floor area ratio of
TAL#531101 A .
(c) Retail and offices uses per block shall not exceed a floor area ratio of 0.5. .
(d) Civic uses per block shall not exceed a floor area ratio of 0.6.
(e) Light industrial and manufacturing uses per block shall not exceed a floor area
ratio of 0.45.
(f) The density of transient lodging uses shall not exceed 26 dwelling units per
Town Core gross acre. :.
(g)The maximum building height shall be 8 stories.
(h)There shall be no minimum lot size.
(i) The maximum block perimeter shall be 2500 Ft.
(i) Minimum setbacks from all property boundaries shall be 0 feet and the P'1
maximum setback from the front boundary shall be 10 feet.
(k) Overhead encroachments such as awnings,balconies,arcades and the likes
shall maintain a clear distance of 9 feet above the sidewalk and 15 feet above
the street.
(1) Seating for outdoor dining shall be permitted to encroach the public sidewalks
and shall leave a minimum 6-foot clear pedestrian way between the outdoor
dining and the streetscape planting area.
(m)Buildings within the Town Core shall be made compatible through similar
massing, volume, frontage, scale and architectural features. The SRA
document shall identify the process for architectural review and approval
through the applicant's establishment of an architectural review board. The
architectural review board shall also review for compliance with the landscape
requirements.
(n) The majority of parking spaces shall be provided off-street in the rear of . .
buildings, or along the side(secondary streets), organized into a series of
small bays delineated by landscape islands of varied sized. A maximum
spacing between landscape islands shall be 10 spaces. Landscape islands and
tree diamonds shall have a minimum of one canopy tree. Parking is
prohibited in front of buildings, except within the right-of-way. Parking lots
shall be accessed from alleys, service lanes or secondary streets. Parking
TA1#331101.4 y�
structures fronting on a primary street shall include around floor retail.
Parking structures fronting on a secondary street shall have a minimum 10 Ft.'.
wide, densely landscaped area at grade:including one tree per 5 Sq.Ft.of
landscaped area. At a minimum,the following parking and loading amounts
areequired:
i. Single-family: On-site-As set forth in Division 2.3 of this Code.
u. Multi-family: On-site-75%of the requirements set forth in Division 23.
Required on-site parking may be further reduced on a space by spaces .
basis to 50%of the requirements set forth in Divisions 2.3 for each on
street parking space located within 300 feet of the subiect building(s),
provided such spaces have not been allocated to another use.
iii. All other uses: 60%of the parking requirements set forth in Division 2.3.
Required on-site parking may be further reduced on a space by spaces
basis to 40%of the requirements set forth in Divisions 2.3 for each on
street parking space located within 300 feet of the subiect buildings o�
within a public parking lot or parkinggarage,provided such spaces have
not been allocated to another use.
iv. Any or all of the above parking requirements may be further reduced if a
shared parking plan is submitted as part of a Rural Village PUD or
subsequent site development plan application. The shared parking plaq
shall demonstrate that the reduced parking is warranted as a result of the
following: shared building and/or block use(s)where barking demands for
certain uses are low when other demands are higher:a concentration.off
residential dwelling units located within 600 feet of non-residential uses,
the existence of transit for use by residents and visitors.
(o) Streets within the Town Core shall adhere to the cross-sections labeled Town
Core on Diagram A. Alternatively. Collier County Transportation Services
staff may approve additional cross sections as needed to meet the design
objectives.At a minimum all proposed streets shall include sidewalks on both
sides of the street,parallel to the right-of-way.and a 5 Ft. streetscane area
between the back of curb and the sidewalk.
(p)Landscaping minimums within the Town Core shall be metbv providing
landscaping within parking lots as described,and by providing a streetscape.
area between the sidewalk and curb at a minimum of 5 Ft.in width,with trees
planted 40 Ft. O.C. The street tree pattern may be interrupted by architectural
elements such as arcades and columns.
(q)General signage standards.
i. Signage design shall be carefully integrated with site and building design..
to create a unified appearance for the total property.
ii. No sign shall be installed which obscures any window or other
architectural feature of the building:
iii. Signs which create visual clutter or which block the view of signs on
adjacent property shall permitted.
TAL#531101.4 �L
iv. Creativity in the design of signs is encouraged in order to emphasize the P'`N
unique character of the SRA.
v: Sign Area:The area of any sign shall be the area of a rectangle which
encloses all elements of the sign(excluding poles and brackets)including
all text and any symbols orlogos.
vi. Signable Area:The signable area(total of all individual signs on that
facade or related to that facade) of a facade facing a public street or a
parking lot shall be limited to 20%of the total area of the facade.
vii.Mounting height No part of a sign which projects from a building or is
mounted on a pole or bracket shall be less than eight feet above the grade.
viii.Illumination: Sys may be illuminated by external spot lighting or
internally illuminated. Lighting shall be designed and shielded so as not to
glare onto adjacent properties or the public right-of-way.
ix. Material: Signs shall be constructed of durable materials suitable to the . .
sign type. The long tenn appearance of the sign shall be a major
consideration in the selection of materials.
x. Color. The color of signs shall be compatible with the colors and style of
the building to which they are attached or otherwise associated.
(r) The following sign types shall be permitted:.
i. Wall-A sign affixed directly to or painted directly on an exterior wall or.
fence.Maximum sign area-Facade width x 2.5.
ii. Projecting-Any sign which projects from and is supported by a wall of a
building with the display of the sign perpendicular to the building wall.
Maximum sign area=The facade area x .05. uv to a maximum of 100 Sq.
iii. Window-A sign affixed to or behind a window.Maximum sign area-the
area of the window with the sign x 30.
iv. Hanging A sign attached to and located below any cave, arcade, canopy
or awning.Maximum sign area-20 Sq.Ft. (two faces of 20 Sq.Ft.each).
v. Awning-A sign or graphic attached to or printed on an awning. Maximum
sign area-the area of the awning x .25.
vi. Pole A sign mounted at the top of or bracketed from a vertical vole which
is supported by the around.Maximum sign area-24 Sq. ft(2 faces aQ 12
So.Ft each.).
vii.Monument-A sign secured to a base which is built directly upon the
ground. Maximum sign area-50 Sq. Ft.. exclusive of the base. (2 faces of
50 Sq.Ft. each).Maximum height above grade-6 feet.
viii.Marquee-A sign usually projecting from the face of a theater or cinema
which contains changeable text to announce events. Sign area shall be
compatible with the design of the theater building. Minimum height above
grade- 10 feet.Minimum distance from curb 4 feet.
ix.Sandwich boards-A movable sign comprised of two sign panels hinged
together at the top. Maximum sign area- 12 square ft(2 faces at 12 Sq. Ft.
ALi531101 A
x.Banners-Fabric panels projecting from light poles.Maximum sign area-
shall be proportional to the height of the pole: 16 feet pole- 15 Sq.Ft.max
(2 faces at 15 Sa.Ft.ea.):20 feet vole-20 Sa.Ft.max. (2 faces at 20 Sa,
Ft. ea.): 30 feet pole-36 Sq.Ft.max(2 faces at 36'Sq.Ft. ea.).
F . (s) The following sign tvpesare prohibited:
i. Internally illuminated plastic-faced signs
ii.Pole signs greater than 12 Sq.Ft.in area
iii. Portable or mobile signs except sandwich boards • .
iv. Flashing or animated signs(except time and temperature signal
v.Signs with changeable text(except Marquee)
vi. Off-site signs.Billboards.
(2)Town Center. The Town Center shall provide a wide range of uses including
daily goods and services, culture and entertainment,within walking distance.
Like the Town Core,the Town Center is the primary pedestrianzone,designed at
human scale to support the walking environment. It is the Main Street area of the
Town. Buildings shall be positioned near the right-of-way line,wide sidewalks
shall be shaded by street trees and architectural elements. The following design
criteria shall be applicable to the Town Center with the exception of civic or
institutional buildings,which shall not be subject to the building height,building
placement.building use,,arking. and signage criteria below, but.instead,shall
be subject to specific design standards set forth in the SRA development
document that address perspective of these buildings' creating focal points,
terminating vistas and significant community landmarks:
(a) Commercial.retail,office,civic,institutional,light industrial and
manufacturing, essential services,parks,residential and schools and
accessory uses shall be permitted. These uses may occur in shared use
buildings or single use buildings.:
00 The floor area ratio for the total building area within each block shall not
exceed
(c) The floor area ratio for retail and office uses per block shall not exceed 0.5:
(d) The floor area ratio for civic uses per block shall not exceed 0.6.
fe) The floor area ratio for light industrial and manufacturing uses per block shale
not exceed 0.45.
(0 The maximum density for transient lodging shall be 26 dwelling units per
Town Center gross acre.
(g) The maximum building height shall be 4 stories.
(h) The minimum lot area shall be 1.000 square feet. 0
(i) The maximum block perimeter shall be 2500 Ft.
(i) The minimum setbacks shall be 0 from all property boundaries and the
(5-"'")a
TAL#531101A (KIT
maximum setback shall be 10 feet from the front right of way line.
(k) Overhead encroachments such as awnings.balconies. arcades and the like,
must maintain a clear distance of 9 feet above the sidewalk and 15 feet
above the street.
fl) Seating for outdoor dining shall be pennitted to encroach
sidewalks and shall leave a minimum 6-foot clear pedestrian way between
the outdoor dining and the streetscape planting area.
(m) Buildings within the Town Center shall be made compatible through
similar massing.volume. frontage, scale and architectural features. The
SRA document shall identify the process for architectural review and.
approval through the applicant's establishment of a architectural review
board. The architectural review board shall also review for compliance
with the landscape requirements.
(n) Streets within the Town Center shall adhere to the cross-sections labeled
Town Center on Diagram A. Alternatively.Collier County
Transportation Services staff may approve additional cross sections as
needed to meet the design objectives. At a minimum all proposed streets
must include sidewalks on both sides of the street,parallel to the right-of-
way,and a 5 Ft. streetscape area between the back of curb and the
sidewalk.,
(o) Parking space requirements and design are the same as in the Town Core.
fp) Landscape minimums are the same as in the Town Core.
(a) Signage requirements are the same as in the Town Core.
(2) Neighborhood General. Neighborhood General is predominately
residential with a mix of single and multi-family housing. Neighborhood scale
goods and services,schools,parks and open space diversify the neighborhoods.
The street grid is maintained through the Neighborhood General to disperse
traffic. Sidewalks and streetscape support the pedestrian environment. The
following design criteria shall apply within Neighborhood General:
(a)Residential,neighborhood scale goods and services, civic.institutional,
parks, schools and accessory uses shall be permitted.
f b)The maximum allowable building height shall be 3.5 stories.
(c) The maximum block perimeter shall be 3500 feet, except that a larger.
block perimeter shall be allowed where an alley or pathway provides
through access,or the block includes water bodies or public facilities,
(d)Single family residential uses shall adhere to the following:
i. The minimum lot area shall be 1,000 square feet.
ii. Parking space requirements and design are the same as in the Town
Core,inclusive of garage spaces,with an additional parldng space
required if an accesso dwelling unit is built.
Sar
TAIX531101.4
^ iii. Landscaping shall include a minimum of 60 Sa.Ft. of shrub planting
per lot,with planting in planting areas,raised planters,or planter
boxed in the front of the dwelling and a minimum of turf grass for the
remainder of the property.
(e) Multi-family residential uses shall adhere to the followi nom:
i. Lots shall be a maximum of 4 acres...:,
ii. Front and side yard setbacks shall be a minimum of 10 feet and rear
yard setbacks shall be a minimum of 20 feet for the primary structure
and 5 feet for any accessory structures.
iii. Porches. stoops. chimneys.bays canopies,balconies and overhangs
may encroach into the front yard a maximum of 3 ft. 6 in and a
maximum of 3 Ft. into side yards but no element may encroach into a
side yard such that the distance to the property line from the
encroaching element is less than 3 Ft. 2 In.. except that overhangs may
encroach no more than 2 Ft.into any yard.
iv. Parldng space requirements and design are the same as in the Town
v. A minimum of 100 Sa.Ft. of shrub planting shall be required for each
2,000 Sa. Ft.of building footprint, and one tree shall be required for
each 4.000 Sq.Ft. of lot area,inclusive of street trees,with such
plantings in planting areas,raised planters or planter boxes in the
front of the building and a minimum of turf grass for the remainder of
the property.
(f) Non-residential uses shall adhere to the following:
i. All such uses shall be located at intersection corners or street bends
and shall not be permitted at mid-block locations;
ii. If the non-residential use is a restaurant, grocery store,or convenience
store,it shall be located on an alley loaded site;
iii. The minimum distance between non-residential uses shall be 1.000
feet,as measured along the street frontage at the right-of-way line.
iv. The maximum square footage per use shall be 3.000 square feet and
per location shall be 15.000 square feet;
v. The use shall have a minimum lot area of not less than the size of the
smallest adjacent lot.
vi. The minimum setbacks shall be as follows: 0 feet from the front
property boundary. a distance from the side property boundary that is
equal to the setback of the adiacent property, and a minimum of 2Q
feet from the rear property boundary for the principal structure and S j
feet from the rear property boundary for any accessory structures.
�`.
vii.Parldng space requirements and design are the same as in the Town
TAL#531101.4
Core, with on-street parking provided only along the lot street "'1
frontage. No off-street parking shall be permitted between the front
facade and the front property line.No off-street parking shall be
permitted between the side facade and the street side property line for
corner lots.All off-street parking shall be screened from the street and
adjacent property by wall, fence and/or landscaping.
viii. Landscaping shall include a minimum of 100 Sq.Ft. of shrub
planting per 2.000 Sa. Ft. of building footprint, and one tree per 4.000
Sq.Ft. of lot area,inclusive of street trees. Plantings shall be ig
planting areas,raised planters,or planter boxes in the front of the
building.Minimum of turf grass for the remainder of the property,
(g) General signage requirements:
i. Sign Area:The area of any sign shall be the area of a rectangle which
encloses all elements of the sign(excluding poles and brackets)
including all text and any symbols or logos:
ii. Allowable sign Area: The allowable sign area(total of all individual
signs on that facade or related to that facade)of a facade facing a
public street or a parking lot shall be limited to 20%of the total area of
the facade.
iii. Mounting height No part of a sign which proiects from a building or
is mounted on a pole or bracket shall be less than eight feet above the
grade unless not in the pedestrian path.
iv. Illumination:Signs may be illuminated by external spot lighting or
internally illuminated. Lighting shall be designed and shielded so as
not to glare onto adjacent properties or the public right-of-way.
(h) Prohibited Sign Types:
i. Internally illuminated plastic-faced signs
ii. Pole signs
iii. Portable or mobile signs except sandwich boards
iv. Flashing or animated signs(except time and temperature signs)•
v. Signs with changeable text including
vi. Marquee-A sign usually projecting from the face of a theater or
cinema which contains changeable text to announce events
vii.Banners
viii. Off-site signs.billboards
ix. Signage is prohibited outside of Neighborhood Goods and Services
Zones, except as necessary within open spaces,parks. and
neighborhoods for directional and area identification purposes, '1
1k) The following sign types are allowable;
C..
TAL#531101.4
i. Wall—A sign affixed directly to an exterior wall or fence. Maximum
sign area—24 square$.
ii. Projecting-Any sign which projects from and is supported by a wall'
of a building with the display of the sign perpendicular to the building
wall.Maximum sign area The facade area x .05 un to a maximum
ofilL:411,
iii. Window-A sign affixed to or behind a window.Maximum sign area
-20%of the area of the window.
iv. Hanging-A sign attached to and located below any cave,canopy or
awning.Maximum area- 12 sq. ft. (may be double sided)
vi. Awning A sign or graphic attached to or printed on an awning.
Maximum sign area—20%of the area of the awning.
vii.Monument-A sign secured to a base which is built directly upon the
ground.Maximum sign area-30 sa. ft.,exclusive of the base. (2 faces
of 30 sq. ft. each).Maximum height above grade-4 feet:
viii. Sandwich boards-A movable sign comprised of two sign panels
hinged together at the top.Maximum sign area- 12 square ft(2 faces.
at 12 sq.ft. each)
Q) Signage within Neighborhood Goods and Service Zones shall adhere to
the following:
i. Signage design shall be carefully integrated with site and building
design to create a unified appearance for the total property.
ii. No sign shall be installed which obscures any window or other.
architectural feature of the building.
iii. Signs which create visual clutter or which block the view of signs on
adjacent property shall not be permitted
iv. Creativity in the design of signs is encouraged in order to emphasize
the unique character of the SRA.
(m) Streets within Neighborhood General shall adhere to the cross-sections
labeled Neighborhood General on Diagram A. Alternatively.Collier
County Transportation Services staff may approve additional cross
sections as needed to meet the design objectives, at a minimum all
proposed streets must include sidewalks on both sides of the street,
parallel to the right-of-way, and a 5 Ft. streetscape area between the back
of curb and the sidewalk.
(4)Neighborhood Edge(optional). Neighborhood Edge is predominately a
single-family residential neighborhood. This zone has the least intensity and
diversity within the Town. The mix of uses is limited. Residentiallots are
larger and more open space is evident. The Neighborhood Edge may be used
to provide a transition to adjoining rural land uses. The following standards
shall apply with the Neighborh Edge:
62 .
TAL531101.4
(a) The permitted uses within the Neighborhood Edge are residential,parks, /'h
golf courses, schools.essential services,and accessory uses.
(b). Building heights shall not exceed 2 storigs.
(c) 'Lots shall have a minimum area of 5000 square feed with lot dimensions
and setbacks to be further defined with the SRA Development Document.
(d) The perimeter of each block may not exceed 5000 feet,unless an alley or
pathway provides through access,or the block includes water bodies or
public facilities.
(e) Parking space requirements and design are the same as in the Town Cores
inclusive of garage spaces,with provision for an additional parking space
if an accessory dwelling unit is built.
(f) Landscaping shall include a minimum of 100 Sa.Ft. of shrub planting per
lot,with plantings in planting areas,raised planters, or planter boxed in
the front of the dwelling and a minimum of turf grass for the remainder of
the property:
(g) Streets shall adhere to the cross-sections labeled Neighborhood Edge on
Diagram A. Alternatively. Collier County Transportation Services staff
may approve additional cross sections as needed to meet the design
objectives. At a minimum all proposed streets must include a 10-foot
pathway on one side of the street with an 8-foot streetscape area between
the edge of curb and the pathway.
(5)Special District(optional). The Special District is used provided for uses and
development standards not otherwise provided for within the Context Zones.
Uses and development standards shall be defined in detail within the SRA
development application for review by Collier County staff. Special Districts
could be for uses such as University's,business or industrial parks,retirement
communities.resorts. etc.
3. Village Design Criteria,
a. General criteria
(1)Villages are comprised of residential neighborhoods and shall include a mixed-
use village center to serve as the focal point for the community's support services
and facilities,
(2)Villages shall be designed in a compact,pedestrian-friendly form,
(3).Create an interconnected street system designed to disperse and reduce the length
of automobile trips.
(3)Offer a range of housing types and price levels to accommodate diverse ages and
incomes. Accessory dwelling units shall not count towards the maximum allowed
d
(4)Be developed in a progressive rural to urban continuum with the greatest density,
intensity and diversity occurrin within the Village Center,to the least density,
TAL#531101A ytf
intensity and diversity occurring within the Neighborhood Edge.
(5)The SRA document shall demonstrate the urban to rural transition occurring at the
Villages limits boundary provides sufficient transition to the adjoining use, such
as active agriculture.pasture,rural roadway.etc.. and compatibility through the
use of buffering.open space.land use,or other means.
I)Buffers may include The buffer may include:natural preserves,lakes. golf
courses.passive recreational areas and parks.required yard and set-back areas,
and other natural or man-made open space.
(1)Villages contiguous to the western boundary of the FSAs and HSAs that comprise
Camp Keais Strand. shall provide an open space buffer of 500 feet wide. Golf
course fairways and other golf course turf areas shall not be allowed within the
300 feet closest to the FSA and HSA.
12)Villages contiguous to any other FSA or HSA or existing public or private
conservation land delineated on the Overlay Map. shall provide a buffer 300 feet
in width. Golf course fairways and other golf course turf areas shall not be
allowed within the 200 feet closest to the FSA.HSA.or conservation area.
c. Transportation Network. The transportation network for a Village shall adhere to
the same standards provided for within a Town.
d. Open Space and Parks.
(1)A Village shall provide a minimum of 35%open space.
j2)A Village shall provide a range of active and passive parks, squares and
playgrounds as appropriate to be located within each Context Zone and
Special District.
e. Context Zones.
(1) General.
(a) Villages shall be designed to include a minimum of two Context
Zones: Village Center and Neighborhood General.
(b) Each Zone shall blend into the other without the requirements of
buffers..
(b) Villages may include the Context Zone of Neighborhood Edge.
(c) Villages may include Special Districts to accommodate uses that
require use specific design standards not otherwise provided for within
the Context Zones.
(d) The SRA Master Plan shall designate the location of each Context
Zone and each Special District. The Village Center shall be
designated in one location. Neighborhood General.Neighborhood
Edge and Special District may be designated in multiple locations.
(e) Context Zones are intended to guide the location of uses and their
TAL#531101.4 fig
intensity and diversity within a Village, and provide for the
establishment of the urban to rural continuum.
(2) Village Center Context Zone.
(a) The allowable uses within a Village Center are commercial,retail,
office,civic, institutional,essential services,parks.residential and
schools and accessory uses.
(b) Uses may occur in shared use buildings or single use buildings.
(c) The floor area ratio of any use shall not exceed 2 for the total building
area within each block, shall not exceed 0.5 for retail and office uses
per block shall not exceed 0.6 for civic uses per block.
(d) Transient Lodging—26 dwelling units per Village Center gross acre
(e) Maximum building height-5 Stories
(fl Minimum lot area:1,000 SF
(g) Block Perimeter 2.500 Ft.max
(h) Front setbacks-0 to 10 feet from the right-of-way line
(i) Side setbacks 0 feet ..
Li) Rear setbacks-0 feet
(k) Overhead encroachments such as awnings,balconies, arcades and the
like,must maintain a clear distance of 9 feet above the sidewalk and
15 feet above the street.
(1) Seating for outdoor dining shall be permitted to encroach the public
sidewalks and shall leave a minimum 6-foot clear pedestrian way
between the outdoor dining and the streetscape planting area.
(m) The design of civic or institutional buildings shall not be subject to the
specific standards of this subsection which regulate building height,
building placement,building use,parking, and signage but shall be
reviewed by Collier County planning staff with perspective as these
buildings creating focal points,vistas and significant community
landmarks. Specific design standards shall be provided in the SRA
development document.
(n) Architectural Standards:Buildings within the Village Center shall be •
made compatible through similar massing. volume,frontage, scale and
architectural features. The SRA document shall identify the process
for architectural review and approval through the applicant's
establishment of an architectural review board. The architectural
review board shall also review for landscape compliance.,
(o) Streets within the Village Center shall adhere to the cross-sections
labeled Village Center on Diagram A. Alternatively, Collier County`.
Transportation Services staff may approve additional cross sections art
needed to meet the desi w• .1.; tives. At a minimum all proposed
6s .
.. 1101.4 /2(
streets shall include sidewalks on both sides of the street,parallel to
the right-of-way, and a 5 Ft. streetscape area between the back of curb
and the sidewalk.
iv) General parking criteria
i. On-street parking spaces within the limits of the front nronertv line
—" ` ` "shall count towards the required number of parking spaces. - -
ii. The majority ofparking spaces shall be provided off-street in the
rear of buildings.or along the side(secondary streets). Parking is
prohibited in front of buildings.
iii. Parking areas shall be organized into a series of small bays
delineated by landscape islands of varied sized. A maximum
spacing between landscape islands shall be 10 spaces. Landscape
islands and tree diamonds shall have a minimum of one canopy
l
iv. Parking lots shall be accessed from alleys,service lanes or
secondary streets.
(q) Use-specific parking criteria:At a minimum,the following parking
and loading amounts are required:
i. Single-family: On-site-As set forth in Division 2.3 of this Code.
ii. Multi-family: On-site-75%of the requirements set forth i$
Division 2.3.Required on-site parking may be further reduced on q
space by spaces basis to 50%of the requirements set forth in
Divisions 2.3 for each on street parking space located within 300
feet of the subiect building(s),provided such spaces have not been
allocated to another use.
iii. All other uses: 60%of the parking requirements set forth in
Division 2.3.Required on-site parking may be further reduced on a
space by spaces basis to 40%of the requirements set forth in
Divisions 2.3 for each on street parking space located within 300
feet of the subiect building(s or within a public parking lot or
parking garage,provided such spaces have not been allocated to
another use.
iv. Any or all of the above parking requirements may be further
reduced if a shared parking plan is submitted as cart of a Rural
Village PUD or subsequent site development plan application. The
shared parking elan shall demonstrate that the reduced parking is
warranted as a result of the following: shared building and/or
block use(s)where parking demands for certain uses are low when
other demands are higher: a concentration of residential dwelling
units located within 600 feet of non-residential uses:the existence
of transit for use by residents and visitors.
(r) Landscaping minimums within the Village Center shall be met by
providing landscapin within parking lots as described,and by
TAI#531101A
providing a streetscape area between the sidewalk and curb at a t"*`'
minimum of 5 Ft. in width.with trees planted 40 Ft.O.C. The street
tree pattern may be interrupted by architectural elements such as
arcades and columns..
s Si la a le standards within the Villa Center shall com.1 with tho
provided in the Town Center.
(3) Neighborhood General. Design standards for the Neighborhood General
within a Village shall be the same as defined within a Town.
(4) Neighborhood Edge(optional). Design standards for the Neighborhood
Edge within a Village shall be the same as defined within a Town.
(5) Special District(optional), The Special District is used provided for uses
and development standards not otherwise provided for within the Context
Zones. Uses and development standards shall be defined in detail within
the SRA development application for review by Collier County staff.
4. Hamlet Design Criteria
a. General.
f 1) Hamlets are small rural residential areas with primarily single-family housing
and limited range of convenience-oriented services:
(2) Hamlets may include the Context Zones of Neighborhood General and
Neighborhood Edge.
(3) Non-residential uses shall be provided in one location,.such as a crossroads,•
and designed to incorporate the community green.
b. Open spaces and parks. At a minimum.Hamlets shall provide a public green
equal to a minimum of 1%of the total Hamlet gross acreage,
c. Context Zones. Context Zones are intended to guide the location of uses and their
intensity and diversity within a Hamlet, and provide for the establishment of the
urban to rural continuum.
(1) Neighborhood General. Neighborhood General is predominately residential
with a mix of single and multi-family housing. Neighborhood scale goods
and services, schools,parks and open space diversify the neighborhoods. The
street grid is maintained through the Neighborhood General to disperse traffic.
Sidewalks and streetscape support the pedestrian environment. The design
criteria applicable within Neighborhood General are as follows:
(a) Uses—residential,neighborhood scale goods and services,civic
institutional.parks and schools.
lb) Building height—3.5 Stories
(c) Block Perimeter. 3500 Ft.max. The maximum may be greater if an alley
or pathway provides through access, or the block includes water bodies or
public facilities.
(d) For single-family resid 1-
TM/0531101A
i. Minimum lot area: 1.000 SF
ii. Setbacks and encroachments to be defined in the SRA Development
Document, •
iii.Parking space requirements and design are the same as in the Town
Core,with provision for an additional parking space if an accessory
dwelling unit is'built.
iv.Landscaping-Minimum of 60 S4.Ft.of shrub planting per lot.
Plantings shall be in planting areas,raised planters,or planter boxed in
the front of the dwelling. Minimum of turf grass for the remainder of
the property.
(e) For multi-family residential uses:
i. Maximum lot area:4 acres.
ii. Front yard setbacks— 10 Ft.
iii.Minimum side yard setbacks—10 Ft,
iv.Minimum rear yard setbacks—20 Ft. for primary structure.5'Ft. for
accessory structures
v. Encroachments: Porches, stoops.chimneys,bays canopies.balconies
and overhangs may encroach into the front yard 3 Ft. 6 In. These same
elements may encroach 3 Ft. into side yards but no element may
encroach into a side yard such that the distance to the property line .
from the encroaching element is less than 3 Ft. 2 In.except that
overhangs may encroach 2 Ft. into any yard.
vi.Parking space requirements and design are the same as in the Town'
Core. .
vii.Landscaping-Minimum of 100 Sa.Ft. of shrub planting per 2.000 Sas
Ft. of building footprint, and on tree per 4.000 S4. Ft. of lot areas
inclusive of street trees. Plantings shall be in planting areas,raised
planters,or planter boxes in the front of the building.Minimum of turf
grass for the remainder of the property..
(f) Non-residential uses
i. Location: at intersection corner. Mid-block locations are not allowed.
. ii. Maximum square footage per use is 5.000.
iii.Maximum square footage per location is 20,000:
iv.Min. lot area: No less than the min. lot area of the smallest adjacent
ilk.
v. Front setbacks —Equal to the smallest setback of the adjacent lot
vi. Side setbacks-Equal to the smallest setback of the adjacent lot
..um 20 feet for the principal structure and 5
vii. Rear setbacks—mi P
6r. •
TAU/531101A
feet for any accessory use
viii. Parking. Parking space requirements and design are the same as in
the Town Core.On-street parking must be provided along the lot street.
frontage. No off-street parking shall be permitted between the front
facade and the frontproperty line. All off-street panting shall be
screened from the street and adjacent property by wall,fence and/or
landscaping.
ix.Landscaping. Minimum of 100 Sa.Ft. of shrub planting ver 2.000 Sa;
Ft of building footprint, and on tree per 4.000 Sa. Ft of lot area,
inclusive of street trees. Plantings shall be in planting areas,raised
planters,or planter boxes in the front of the building.Minimum of turf
grass for the remainder of the property
x. Signage within Neighborhood General shall comply with the standards
provided in the Town Neighborhood General.
xi. Streets within Neighborhood General shall adhere to the cross-sections
labeled Neighborhood General. Alternatively in Diagram A.Collier
County Transportation Services staff may approve additional cross
sections as needed to meet the design obiectives. At a minimum all
Proposed streets must include sidewalks on both sides of the street,
parallel to the right-of-way, and a 5 foot streetscape area between the
back of curb and the sidewalk.
(2) Neighborhood Edge. Neighborhood Edge is predominately a single-family
residential neighborhood. This zone has the least intensity and diversity. The
mix of uses is limited. Residential lots are larger and more open space is
evident. The Neighborhood Edge may be used to provide a transition to
adjoining rural land uses.
(a)Uses—residential,parks, golf courses, schools,essential services
(b)Building height -2 Stories
(c)Minimum lot area 5000 square feet
(d)Setbacks to be further defined within the SRA Development Document
(e)Block Perimeter: 5000 feet max. The maximum may be greater if an alley
or pathway provides through access, or the block includes water bodies or
public facilities.
(f)Parking. -Parking space requirements and design are the same as in the
Town Core. Provision shall be made for an additional parking space if an
accessory dwelling unit is built.
(g)Landscaping. Minimum of 100 Sq.Ft. of shrub planting per lot.Plantings
shall be in planting areas,raised planters.orplanter boxed in the front of
the dwelling. Minimum of turf grass for the remainder of the property..
(h)Streets within Neighborhood Edge shall adhere to the cross-sections
labeled Neighborhood Edge iagram A. Alternatively.Collier County
Gq
TAL#531101.4
Transportation Services staff may approve additional cross sections as
needed to meet the design objectives. At a minimum all proposed streets
must include a 10-foot pathway on one side of the street with an 8-foot
streetscape area between the edge of curb and the pathway.
5. Compact Rural Development
a. General. .
(1) Compact Rural Development(CRD)is a form of SRA that will provide
flexibility with respect to the mix of uses and development standards,but shall
otherwise comely with the design standards of a Hamlet or Village.
(2) A CRD may include,but is not required to have permanent residential housing
and the services and facilities that support permanent residents.
�0
TAL#531101.4
(3) Except as described above,a CRD will conform to the design standards of a
Village or Hamlet as set forth herein based on the size of the CRD.As
' residential units are not a required use,those goods and services that support
residents such as retail,office, civic, governmental and institutional uses shall
also not be required,however for any CRD that does include permanent
residential housing,the proportionate support services shall be provided.
b. Example. An example of a CRD is an ecotourism village that would have a
unique set of uses and support services different from a traditional residential
village. It would contain transient lodging facilities and services appropriate to
eco-tourists.but may not provide for the range of services that necessary to
support permanent residents.
6.-8. No change
K.-L. No change .
•
2.2.27.11 Baseline Standards(Reser ped}:
A. Purpose and Intent: These Baseline Standards will remain in effect for all land within the
RLSA District unless or until such land becomes subiect to the transfer or receipt of
Stewardship Credits, except as to those agricultural uses subiect to sections163.3162(4)
and 823.14(61_Florida Statutes. The Baseline Standards are intended to protect water
quality and Quantity.maintain the natural water regime,and protect listed animal and
plant species and their habitats on land that has not been designated as an SSA or SRA.
The opportunity to voluntarily participate in the Stewardship Credit Program.as well as
the right to sell conservation easements or a fee or lesser interest in the land, shall
constitute compensation for the loss of any development rights related to these standards.
B. Applicability of Code:Except as otherwise specifically provided in Section 2.2.27.11,
those provisions of this Code in effect as of November 1 1, 1999_shall apply to all land
within the RLSA District unless or until such lands become subiect to the transfer or
receipt of Stewardship Credits.
C. Allowable Uses: The permitted, accessory, and conditional uses allowed shall be those
set forth in Section 2.2.2 in effect as of November 11. 1999,with the following
exc
1. Residential Uses.General Conditional Uses.Earth Mining and Processing Uses. and
Recreational Uses(lavers 1-4) as listed in the Matrix at Section 2.2.27.9.B.4.b. shall
be eliminated in all FSAs, as provided in Section 2.2.27.8.G.
2. Conditional use essential services and governmental essential services, except those
necessary to serve permitted uses or for public safety, shall only be allowed in FSAs
with an Index value of 1.2 or less_as provided in Section 2.2.27.8.G.
3. Directional-drilling techniques and/or previously cleared or disturbed areas shall be
utilized for oil and gas exploration and oil and gas field development and production
activities in order to minimize impacts to native habitats when determined to be
practicable. This requirement shall be deemed satisfied upon issuance of a state
permit requiring compliance with the criteria established in Charter 62C-30.F.A.C.,
regardless of whether the oil andWas a tion and oil and gas exploration field
development and production activities will occur within the Big Cypress Swamp.
Nothing contained herein alters the requirement to obtain conditional use permits for
oil and gas field development and production activities,
4_ Asphaltic and concrete batch makingplants shall be_prohibited in areas mapped as
H_SAs.
. •D. Standards Applicable Inside the ACSC: RLSA District lands within the ACSC shall be
subject to all ACSC regulatory standards;including those that strictly limit non
agricultural clearing.
E Standards Applicable Outside the ACSC:Except to the extent superceded by G or H
below, the following standards shall apply to all development within those areas of the
RLSA District that are outside of the ACSC;other than agricultural operations that fall
within the scope of sections 163.3214(4)and 823.14(6).F.S., and and single family
residential dwellings,unless or until such lands are subject to transmittal or receipt of
Stewardship Credits:
1. A wildlife survey, as set forth in 3.8.5.7 shall be required for all parcels when listed
species are known to inhabit biological communities similar to those existing on site
or where listed species are directly observed on the site.
40%of the native vegetation on the project site must be retained. If
2. A minimum of
listed species are directly observed on the site of the project or are indicated by
evidence, such as defining.foraging,or other indications.first priority shall be given . .
to preserving the habitat of such listed species.
3. If the wildlife survey indicates that listed species are utilizing the site,or the site is
capable of supporting and is likely to support listed species, a wildlife habitat
management plan shall be prepared and submitted to the County.
a. The wildlife habitat management plan within the RLSA District shall include the
following techniques to protect listed species from the negative impacts of
development
(1) Open space and vegetation preservation requirements shall be used to
establish buffer areas between wildlife habitat areas and areas dominated by
human activities.
(2) Fencing,walls,other obstructions, or other provisions shall be used to
minimize development impacts to the listed species and to encourage wildlife
to use wildlife corridors.
(3) Roadways crossings.underpasses, and signage shall be used where roads must
cross wildlife corridors.
b. The wildlife habitat management plan shall also incorporate the following:
(1) a description of the techniaures used to direct incompatible land uses away
from listed species and their habitats and to comply with the criteria identified
in 1 and 2 above,as applicable;
(2) identification of appropriate lighting controls for permitted uses and a
consideration of the opportunity to utilize prescribed burning to maintain fire
adapted preserved vegetation communities and provide browse for white-
tailed deer, consistent with the UFWS South Florida Multi-Species Recover
Plan,May 1999, except as recommended otherwise by the UFWS or FFWCC;
(3) if the development will be larger than 10 acres, a monitoringprogram.
7 �
TAL0531101.4 ,
c. The following references shall be used, as appropriate,to Prepare the wildlife. P
habitat management plan:
(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((opherus
polyphemus)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(Apelocoma coerulescens).Technical Report No. 8.Florida Game and
Fresh Water Fish Commission. 19911
(5) Ecology and Habitat Protection Needs of the Southeastern American Kestrel
(Falco Sparverius Paulus)on Large-scale Development Sites in Florida,
Nongame Technical Report No. 13.Florida Game and Fresh Water Fish
Commission. 1993.
d. The following species specific provisions shall be included within the wildlife
habitat management plan if the wildlife survey indicates that the identified
species utlizes the site or the site is capable of supporting and is likely to support
such species:
(1)Gopher tortoise: For parcels containing gopher tortoises(Gopherus
polyphemus).priority shall be given to protecting the largest,most contiguous
gopher tortoise habitat with the greatest number of active burrows, and for ,Th
providing a connection to off site adiacent gopher tortoise preserves.
(2)Florida scrub lay: 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. A maintenance
program shall be established,which shall specify appropriate fire or
mechanical protocols to maintain the natural scrub community. A public
awareness program to educate residents about the on-site preserve and the need
to maintain the scrub vegetation shall be developed. These requirements shall
be consistent with the UFWS South Florida Multi-Species Recovery Plan.May
1999.
(3)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 nest season. These requirements shall be
consistent with the UFWS South Florida Multi-Species.Recover Plan.May
1999.
(4)Red-cockaded woodpecker: For the red-cockaded woodpecker Ipicoides
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 minimi7.e
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.
( !)
TAL#531101A 29
(5)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
(6)Panther: For projects located in Priority I or 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 bv using low intensity
land uses(e.g.,parks,passive recreational areas, golf courses),
4. 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 consider and utilize
recommendations and letters of technical assistance from the State of Florida Fish '
and Wildlife Conservation Comission and recommendations from the U.S.Fish and
Wildlife Service in issuing development orders. It is recognized that these agency
recommendations,on a case by case basis may change the requirements contained in
herein and any such change shall be deemed consistent with this Code.
F. Golf Course Standards. Except as otherwise required by G or H below,all golf courses
within within the RLSA District shall be subject to the following requirements.unless
and until such lands are subject to the transmittal or receipt of Stewardship Credits:
1. Golf courses shall be designed, constructed, and managed in accordance with
Audubon International's Gold Signature Program. The project shall demonstrate that
the Principles for Resource Management required by the Gold Signature Program
(Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and
Natural Landscaping.Water Conservation.Waste Management. Energy Conservation
& Renewable Energy Sources. Transportations Greenspace and Corridors,
Agriculture, and Building Design) have been incorporated into the golf course's
design and operational procedures. In addition to addressing these requirements. golf
courses shall meet the following specific criteria:
a. In order to prevent the contamination of soil, surface water and ground water by..
the materials stored and handled by_golf course maintenance operations, golf
courses shall comply with the Best Management Practices for Golf Course
Maintenance Departments.-prepared by the Florida Department of Environmental
Protection.May 1995:
b . To protect ground and surface water quality from fertilizer and pesticide usage,
golf courses shall demonstrate the following management practices:
(1) The use of slow release nitrogen sources
(2) The use of soil and plant tissue analysis to adjust timing and amount of
fertilization applications;
a) The use of an integrated pest management program using both biological and
chemical agents to control variousxessts;
.
TAL#331101A
(4) The coordination of pesticide applications with the timing and application of
irrigation water
(5) The use of the procedure contained in IFAS Circular 1011. Managing
Pesticides for Golf Course Maintenance and Water Oualitv Protection.May
1991 (revised 1995) to select pesticides that will have a minimum adverse
impact on water quality
2. To ensure water conservation, golf courses shall incorporate the following in their
design and operation:
a. Irrigation systems shall be designed to use weather station information and
moisture-sensing systems to determine the optimum amount of irrigation water
needed considering soil moisture and evapotranspiration rates.
b. As available, golf courses shall utilize treated effluent reuse water consistent with
Sanitary Sewer Sub-Element Objective 1.4 and its policies
c. Native plants shall be used exclusively except for special purpose areas such as
golf greens, fairways, and building sites. Within these excepted areas
landscaping plans shall require that at least 75%of the trees and 50%of the shrubs
be freeze-tolerant native Floridian species. At least 75% of the required native
trees and shrubs shall also be drought tolerant species.
3. Stormwater management ponds shall be designed to mimic the functions of natural
systems: by establishing shorelines that are sinuous in configuration in order to
provide increased length and diversity of the littoral zone. A Littoral shelf shall be
established to provide a feeding area forwater dependent avian species. The
combined length of vertical and rip-rapped walls shall be limited to 25% of the
shoreline. Credits to the site preservation area requirements, on an acre- to- acre
basis, shall be given for littoral shelves that exceed these littoral shelf area
requirements.
G. Standards Applicable in FSAs.HSAs,and WRAs that are Outside of the ACSC. The
provisions of Divisions 3.8. 3.9.and 3.11 in effect as of November f 1. 1999.shall apply
to FSAs.HSAs and WRAs that outside of the ACSC,with the following exceptions:
1. Site clearing and alteration shall be limited to 20%of the property and nonpermeable
surfaces shall not exceed 50%of any such area.
2. Except for roads and lakes, any nonpermeable surface greater than one acre shall
provide for release of surface water run off, collected or uncollected.in a manner
approximating the natural surface water flow regime of the surrounding area.
3. Roads shall be designed to allow the passage of surface water flows through the use
of equalizer pipes,interceptor spreader systems or performance equivalent structures.
4. Revegetation and landscaping of cleared areas shall be accomplished with
predominantly native species and planting of undesirable exotic species shall be
prohibited.
H. Standards Applicable to Wetlands Outside of FSAs.HSAs,WRAs. and the ACSC.
Wetlands located outside of FSAs.HSAs.WRAs, and the ACSC shall be preserved in
accord with the following criteria:
1. The vegetative preservation requirement set forth in E.2 above shall first be met
through preservation of wetlands having a functionality assessment score of 0.65 or
greater. Applicants shall establish the wetland functionality score of wetlands using . .
the South Florida Water Management *strict's Unifed Wetland Mitigation
7S .
TAL1531101A
Assessment Method,F.A.C. 62-345. Upland vegetative communities may be
utilized to meet the vegetative,open space, and sitepreservation requirements when
the wetland functional assessment score of on-site wetlands is less than 0.65.
2. Wetlands utilized by listed species or serving as corridors for the movement of listed
species shall bepreserved on site...
Wetland flowwav functions through the project shall be maintained.
4. Ground water table drawdowns or diversions shall not adversely change the
hvdoperiod of preserved wetlands on or offsite and 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. All direct impacts shall be mitigated for as required by applicable federal or state
agencies and in the same manner as set forth in Division 3.9•5.3.B.1 of this Code.
7. Single family residences shall follow the requirements contained within Policv 6,2.7
of the Conservation and Coastal Management Element.
8. Appropriate buffering shall be provided to separate preserved wetlands from other
land uses.A minimum 50-foot vegetated upland buffer is required adjacent to a
natural water body and for other wetlands a minimum 25-foot vegetated upland
buffer adjacent to the wetland. A structural buffer, consisting of a stem-walla a bend
or a vegetative hedge with suitable fencing,may be used in conjunction with
vegetative buffer that would reduce the vegetative buffer width by 50% A structural
buffer shall be required adjacent to wetlands where direct impacts are allows.
Wetland buffers shall conform to the following standards:
a. The buffer shall be measured landward from the approved jurisdictional line.
b. 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.
c. The buffer shall be maintained free of Category I Exotics.
d. 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.
9. Mitigation Requirements: Mitigation shall be required for direct impacts to wetlands,
such that the wetland functional score of the mitigation equals or exceeds the wetland
functional score of the impacted wetlands.
a. Priority shall be given to mitigation within FSAs and HSAs.
b. 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.
c. Protection shall be provided for preserved or created wetland or upland vegetative
communities offered as mitigation b • g a conservation easement over the
TA1#531101A . .
land in perpetuity,providing for initial exotic plant removal(Class I invasive .
exotic plants defined by the Florida Exotic Plan Council)and continuing exotic
' plant maintenance,or by appropriate ownership transfer to a state or federal
agency along with sufficient funding for perpetual management activities.
1 0.Prior to issuance of any final development order that authorizes site alteration,the
applicant shall demonstrate compliance with paragraphs 9.a through 9.c above.as
applicable.If state or federal agency permits have not provided mitigatioq
consistent with paragraphs 9 above,the County shall require mitigation exceeding
that of the iurisdictional agencies.
11. Wetland preservation,buffer areas,and mitigation areas shall be identified or
platted as separate tracts. In the case of a Planned Unit Development(PUD),
these areas shall also be depicted on the PUD Master Plan.These areas shall be
maintained free from trash and debris and from Category I Exotics. Land uses
allowed in these areas shall be limited to those identified in 8.d above.
TAL1531101A
10/16/03 DRAFT
TAB D
SECTION 2.2.30
NRPA OVERLAY
.-,
IT.
TAU/531102.2
10/16!03 DRAFT
SEC. 2.2.30. NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT
(NRPA)
2.2.30.1 PURPOSE AND INTENT: The purpose and intent of the Natural Resource
Protection Area Overlay District(NRPA)is to:protect endangered or potentiallyendangered
species by directing incompatible land uses away their habitats: to identify large. connected,
intact, and relatively unfraglnented habitats.which may be important for these listed species;
and to support State and Federal agencies' efforts to protect endangered or potentially
endangered species and their habitats. NRPAs may include major wetland systems and
regional flow-ways. These lands generally should be the focus of any federal. state. County,
or rivate acquisition efforts. Accordingly, allowable land uses. vegetation preservation
standards. development standards, and listed species protection criteria within NRPAs set
forth herein are more restrictive than would otherwise be permitted in the underlying zoning
district and shall to be applicable in addition to any standards that apply tin the underlying
zoning district.
A. NRPA OVERLAY AREAS.NRPAs are located in the following areas:
1. Clam Bay Conservation Area(within Pelican Bay Plan Unit Development)'
2. CREW(Corkscrew Regional Ecosystem Watershed);
3. North Belle Meade;
4, South Belle Meade;
5. South Golden Gate Estates.
r'Ins
B. NRPAS DESIGNATED AS RFMU SENDING LANDS WITHIN THE RFMU
DISTRICT. NRPAs located in the RFMU District are identified as RFMU Sending
Lands andare further subject to the provisions, conditions"and standards'set forth in
Section 2.2.2'12.4. Private property owners within these NRPAs may transfer residential
development rights from these important environmentally. sensitive lands to other
identified`receiving''lands pursuant to eth specific provisions set forth in Section 2.6.39.
of this Code:
C. DEVELOPMENT STANDARDS. Development within a NRPA shall adhere to the
following standards:
1. Vegetation Retention and Site Preservation —Native vegetation retention shall be as.
required in Section 3.9.4.3..
2. permitted and conditional uses for all lands within a NRPA that are zoned CON and
for those lands within any NRPA that are publicly owned shall be.as set forth in
Sections 2.2.17.2.A. and 2.2.17.2.C.respectively.
3. For privately owned lands within a NRPA within the RFMU District permitted and
conditional uses shall be those as set forth in the RFMU District Sending Lands
Section
TAI 531102.2.
5. For privately owned lands within a NRPA and 'designated Estates, permitted and
conditional uses shall be those as set forth in the Estates Designation within the
Golden Gate Area Master Plan. As these privately owned Estates Designated lands
are acquired for conservation purposes,the Comprehensive Plan and will be amended
to change the Designation to Conservation and theproperty will be rezoned tot e
_...-CON district.
6. 'There are approximately 15 sections of privately owned land:within a NRPA-that are
not designated Sending and are not located within the RFMU District. Eight (8) of
these sections. known as the "hole-in-the-doughnut," are located within the South
Golden Gate Estates NRPA and surrounded by platted Estates lots, almost all of
which have been acquired by the State under the Florida Forever program as part of
the Picayune Strand State Forest. The remaining seven (7) sections are within an
approved mitigation bank located north and west of Corkscrew Swamp Sanctuary.
As these privately owned Agricultural/Rural Designated lands are acquired for
conservation purposes, the Plan will be amended to change the Designation to CON
District. Until such time as the designation ation on these lands is change to CON District
permitted and conditional uses for these privately owned lands shall be those set forth
in underlying zoning district. OZO
TAL#5311022
10/16/03 DRAFT
TAB E
2.2.31
NBM OVERLAY
•
'Sr ,
TAU/531103.2
•
10/16/03 DRAFT
2231 NORTH BELLE MEADE OVERLAY DISTRICT(NBMO)
2.2.31.1 PURPOSE AND INTENT
2.2.312 GENERAL LOCATION
2.2.31.3 APPLICABILITY
2.2.31.4 GENERAL PLANNING AND DESIGN CONSIDERATIONS
A. TRANSPORTATION
• B. BUFFERING
• C. GREENWAY
2.2.31.5 ADDITIONAL SPECIFIC AREA PROVISIONS
A. RECEIVING LANDS
B. NEUTRAL LANDS•
• •
•
,. - .... • . - ••• •• -- .. ..- - - .. -..- _ • • • _ •■ a
•
•
•
TAUE103.2 �.
•
eaee6:
•
COLUER COUNTY 111111
111°Pft"NAPA.
•
timelis
--4,14147
12.1 v
''ilii
•
<y `
•
_ _ __ •. • • • _ • - - • • •
•
•
•
•
•
.-• .. . _ - -• --• - __ - ..•-. e - _ .. -
TAL#531103.2
TAI S31103.Z . .
Sec 2.2.31 NORTH BELLE MEADE OVERLAY DISTRICT(NBMOI
2.231.1 PURPOSE AND INTENT. The North Belle Meade Overlay(NBMO)is unique to the
RFMU District because it is surrounded by areas that are vested for development on three
sides. Because this area is largely undeveloped and includes substantial vegetated areas, the
NBMO can and does provide valuable habitat for wildlife, including endangered species.The
NBMO is intended to achieve a balance of both preservation and opportunities for future
development that takes into account resource protection and the relationship between this area
and the Estates developing around the NBMO,
2.2.31.2. GENERAL LOCATION. The NBMO area is surrounded by Golden Gate Estates to
the north, east. and west and I-75 to the south. This NBMO comprises some 24 sections of
land and approximately 15.550 acres and is located entirely within the RFMU District
(Section 2.2.2Yz.)
insert NBMO
2.2.31.3 APPLICABILITY:
A. NBMO Receiving Lands. Permitted, conditional, and accessory uses within NBMO
Receiving Lands shall be as set forth in Section 2.2.2'/2.2, except as provided in 2.2.31,5.
All other provisions of this Code that implement the Future Land Use Element,
Conservation and Coastal Management Element,or Public Facilities Element, including
but not limited to Divisions 3.9 and 3.11,_shall only be applicable to development in
NBMO Receiving Lands to the extent specifically stated in Section 2.2.31. However, all
development within NBMO Receiving Lands shall comply with all non-environmental
review procedures for site development plans and platting as set forth in this Code.
B. NBMO Neutral Lands. Except as otherwise specifically provided in 2.2.31.4 and
2.2.31.5.B, all development within NBMO Neutral Lands shall be consistent with Section
2.2.214.3.
C. NBMO Sending Lands. Except as otherwise specifically provided in Section 2.2.31.4,all
development with NBMO Sending Lands shall be consistent with Section 2.2.2Y:.4
2.2.31.4 GENERAL PLANNING AND DESIGN CONSIDERATIONS:
A. TRANSPORTATION: As a condition for the approval of the residential component of
any subdivision plat, site development plan,PUD, or DRI within Sections 21,28,or 27
of the NBMO, the following transportation related improvements and planning and
design elements shall be addressed and provision made for their completion..
1. An extension of Wilson Boulevard shall be provided, including ROW dedication and
construction to County collector road standards, through Section 33. Range 27 East
extending to the south to Interstate 75 via an interchange or service road for
residential development should it commence in Sections 21. 28 and 27. The portion
of Wilson Boulevard that traverses through NBMO Sending Lands shall be designed
with aquatic species crossings and small terrestrial animal crossings.
2. As an alternative to 2 above, a haul road along an extension of Wilson Boulevard
shall be improved to standards sufficient, in the opinion of County transportation
'CZ'S .
TAL#531103.2 1/
.-� staff. to safely serve earth-mining activities with a connection through Sections 32
and 31 to Landfill Road..
3. Lands required for the extension of Wilson Boulevard will be dedicated to Collier
County at the time of rezoning. The right-of-way shall be of a sufficient size to
accommodate collector road requirements.
4. All new roads and road improvements; other than the Wilson Boulevard extension
and'thefiaul road referenced in-3 above.shall:
a, be routed so as to avoid traversing publicly owned natural preserves. publicly
owned parks.publicly owned recreation areas, areas identified as environmentally
sensitive wildlife habitat. wildlife corridors, and greenways`unless there is no
feasible and prudent alternative;
b. be designed with aquatic species corssings, small terrestrial animal crossings,and
large terrestrial animal crossings pursuant to Flroida . Fish and Wildlife
Conservation Commission criteria.
B B . BUFFERING. The western 1/4 of Sections 22 and 27 shall be buffered from the NBMO
NRPA to the east by a buffer preservation that includes all of the eastern'/2 of the western
1/4 of Sections 22 and 27. This buffer shall consist of lake excavation areas between the
Wilson Boulevard extension road right-of-way and the NRPA.
C. GREENWAY. A Greenwav that follows natural flowways. as contemplated in the
Community Character Plan prepared by Dover Kohl, shall be created within NBMO.
Sending Lands. As a condition to the creation of TDR Credits from NBMO Sending
Lands that constitute natural flowways, such lands shall be dedicated to a public or
Private entity for use as part of the Greenway.
2.2.31.5 ADDITIONAL SPECIFIC AREA PROVISIONS
A. RECEIVING LANDS
1.Densi
a. The base density in RFMU Receiving Lands, outside of a Rural Village is one
dwelling unit per five(5) gross acres.
b. This density may be increased. through TDR Credits, up to a.maximum of 1
dwelling unit per gross acre.
c. Once a density of 1 dwelling unit per gross acre is achieved through TDR Credits~
additional may be achieved as follows:
(1) 0.1 dwelling unit per acre for each acre of native vegetation preserved on-site;
(2) 0.1 dwelling unit per acre for each acre of wetlands having a functionality
value, as assessed using the South Florida Water. Mangement District's
Unified Wetlands Mitiation Assessment Method. of 0.65 or greater that are
preserved on-site:and/or
(3) 0.1 dwelling unit per acre for each acre of NBMO Sending Land that is within
either a NRPA or a buffer area adjoining a NRPA that is dedicated to a public.
or private entity for conservation use.
2. The earth mining operation and asphalt plant uses that currently exist within NBMO
Receiving Lands may continue and may expand as follows: .
a. Until June 19, 2004. or such other date as the GMP is amended to provide, such
uses may expand only into the western half of Section 21 and shall not generate
truck traffic beyond average historic levels.
TAL#531103.2
b. Such mining operations and an asphalt plant may expand on Sections 21 and 28
and the western quarters of 22 and 27 as a permitted use if either of the following
occur by June 19,2004,or such other date as the GMP is amended to provide:
(1) an alignment has been selected, funding has been determined, and an
accelerated construction schedule established by the BCC and the mine
operator, for an east-west connector roadway between County Road 951 and
and the Wilson Boulevard extension:or '
(2) the mine operator commits to construct a private haul road by June 19. 2006,
or such other date as the GMP is amended to provide, without the use of any
public fiords..
c. If the conditions for expansion set forth in b above are not satisfied, any mining
operations or asphalt plant in these areas, other than continued operations on the
western half of Section 21 at historic levels, shall be permitted only as
conditional use.
3. A Greenbelt is not required for any development in NBMO Receiving Lands. whether
inside or outside of a Rural Village.
4. NBMO Rural Village. A NBMO Rural Village shall adhere to the provisions for
Rural Village set forth in Section 2.2.2%x.2.11,except as follows:
a. Densitv.A NBMO Rural Village shall have a minimum gross density of 1.5
dwelling units per acre and a maximum gross density of three (3) dwelling units
per acre.
(1) The minimum required density shall be achieved through'TDR and Bonus
Credits,as provided in Section 2.2.25/2.2.B.3.c.
(2) Once the minimum required density is achieved, additional density may be
achieved, up to the maximum of three (3) dwelling units per gross acre
through any one or combination of the following:
(a) TDR Credits:
(b) 0.3 dwelling unit per acre for each acre of native vegetation preserved on-
si
(c) 0.3 dwelling unit per acre for each acre of wetlands having a functionality
value, as assessed using the South Florida Water Mangement District's
Unified Wetlands Mitigation Assessment Method. of 0.65 or greater that
are preserved on-site: and/or
(d) 0.3 dwelling unit per acre for each acre of NBMO Sending Land that is
within either a NRPA or a buffer area adjoining a NRPA that is dedicated
to a public or private entity for conservation use.
b. Sidewalks shall be required on both sides of the streets.
c. Interconnected bike lanes shall be provided on all collector and arterial roadways.
d. Schools shall be located within a NBMO Rural Village whenever possible. in
order to minimize bussing of students. Furthermore, whenever possible, schools
shall be co-located with other public facilities and civic structures. such as parks,
libraries, community centers,public squares. greens, and civic areas,
e. Elementary schools shall be accessible by local streets and pedestrian and bicycle
facilities and shall be located in or adiacent to the Rural Village Center,provided
that local streets provide access adequate to meets the needs of the School Board.
07
TA1#531103I
B. NEUTRAL LANDS. Neutral Lands shall be governed by the standards set forth in
Section 2.2.2%2.3. with the exception that, in those Neutral Lands located in Section 24,
Township 49 South. Range 26 East. a minimum of 70% of the native vegetation present
shall be p
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10/16/03 DRAFT
TABF
2.6.9
ESSENTIAL SERVICES
TAL#531126.3 1
10/16/03 DRAB'
• •. I,
2.6.9
ESSENTIAL SERVICES
2:6.9.1. PERMITTED ESSENTIAL SERVICES
A. PERMITTED
ESSENTIAL SERVICES IN ALL DISTRICTS EXCEPT CON
DISTRICTS,RFMU SENDING LANDS,NRPAS,HSAS,AND FSAS
B. PERMITTED ESSENTIAL SERVICES IN CON DISTRICTS,RFMU SENDING
LANDS,NRPAS,HSAS,AND RSAS
C. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN COMMERCIAL
AND INDUSTRIALLY ZONED DISTRICTS
D. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN AGRICULTURAL.
AND ESTATE ZONED'DISTRICTS
E. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN AGRICULTURAL.
ZONED DISTRICTS
F. ADDITIONAL PERMITTED ESSiltITIAL"SERVICES IN 'RESIDENTIALLY
ZONED DISTRICTS
2.6.9.2 CONDITIONAL USES•
A. . CONDITIONAL ESSENTIAL SERVICES IN ALL ZONING DISTRICTS
EXCEPT RFMU SENDING LANDS, CON DISTRICTS, NRPAS, HSAS, AND
FSAS
B. CONDITIONAL ESSENTIAL SERVICES IN RFMU SENDING LANDS,CON
DISTRICTS,NRPAS,HSAS,AND FSAS
C. ADDITIONAL CONDITIONAL ESSENTIAL USES IN RESIDENTIAL.AND
ESTATE ZONED DISTRICTS AND RFMU RECEIVING AND NEUTRAL
LANDS
2.6.9.3 CONDITIONAL USES THAT INCLUDE THE INSTALLATION OF STRUCTURES
2.6.9. Essential Services: Essential services are hereby defined as: facilities and services,
including utilities, safety services, and other government services,necessary to promote and
protect public health, safety and welfare, including but not limited to the following: polies..
law enforcement, fire, emergency medical, public park and public library facilities;,and all
ur
• services designed and operated.to provide water, sewer, natural gas, telephone, electricity,
cable television or communications to the general public by providers which have been
approved and authorized according to laws having appropriate jurisdiction,. and
governmental facilities. Essential services are '
feller authorized as follows:
2:6:9.1
Permitted Uses Essential Services:.
A. Permitted Essential Services in All Districts Except CON Districts.RFMU
Sending Lands, NRPAs. HSAs. and FSAs. The following moos essential
40 •
TAL#531126.3
services are allowed as permitted uses in all zoning districts, except as '1
specifically prohibited herein for Conservation. RFMU District Sending
Lands, and RLSA HSAs and FSAs:
L *Water lines and;sewer lines;;
2. glias lines, except those associated with oil extraction and related
processing operations as defined in this code and regulated under
applicable federal and state law
2 tTelephone lines, telephone switching stations, mg cable television
lines: .
Communication Towers; limited to those providing wireless
emergency telephone service, subiect to all applicable provisions
Section 2.6.35 of this Code•,
eElectrical transmission anddistribution lines, substations, sal
emergency power structures;
sSewage lift stations; water pumping stations;.
L eEssential service wells (including extraction' facilities, and
requisite ancillary facilities;);and
2 eAny other wells which have been or will be permitted by the South
Florida Water Management District or the Florida department of
environmental pfrotection either prior to or subsequent to the
effective date of this ordinance,or if the respective well and/or well
related facility is otherwise required to be installed or constructed
bylaw; .. = = -•_ _ _ . ..
these-services:If any proposed well is a Collier County owned well
under the permitting jurisdiction of a Florida agency, star early in
the eCounty's well permit application process, shall post sign(s) at
the eCounty's proposed well site(s) and shall provide written notice
that the county has applied for a required well permit to property
owners within 300 feet of the property lines of the lots or parcels of
land on which the applied-for well is being sought by the eCounty,
including, if applicable, the times and places of the permitting
agency's scheduled public hearings;
B. Permitted Essential Services in CON Districts.RFMU Sending Lands.NRPAs,
HAS,and FSAs
1. Within CON Districts. Sending Lands in the RFMU District, and within
designated Habitat Stewardship Areas (HSA) and Flow way Stewardshitl
Areas (FSA) within the RLSA overlay district subiect to the limitations
set forth in 2.2:27.11. B.2.the following essential services are permitted:
a. Private wells and septic tanks;
b. Utility lines, except sewer lines;
c. Sewer lines and lift stations, only if located within already cleared
portions of existing rights-of-way or easements, and necessary to
serve a publicly owned or privately owned central sewer system
TAL#5311263
providing service to urban areas and/or the Rural Transition Water
and Sewer District:and,
d... Water pumping stations necessary to serve a publicly owned or
privately owned central water system Providing service to urban
areas and/or the Rural Transition Water and Sewer District.
Additional Permitted Essential Services in Commercial and Industrially Zoned
Distri In commercial and industrially zoned districts*, in addition to the
essential services identified above in Section 2.6.9.1,eta governmental facilities,
as defined by this Code, including law enforcement, fire, emergency medical
public library
services and facilities,-to-the
park and'P
services and facilities, public _ _ _ shall be
considered a permitted essential service.
e:D, Additional Permitted Essential Services in the Agricultural and Estate Zoned
Districts. In the agricultural and estate zoned districts, in addition to the essential
services identified above in Section 2.6.9.1.A.. the following governmental
services and facilities shall be considered . Permitted essential services:
nonresidential not-for-profit child care, nonresidential education facilities,
libraries,museums,neighborhood parks,and recreational service facilities.
E. Additional Permitted Essential Services in the Agricultural Zoned District: In the
services identified above in
nto
the essential
addition agricultural zoned district, in
adds
Section 2.6.9.1.A.. safety services, and other government services, necessary to
promote and protect public health, safety and welfare are permitted essential
services, limited to the following:law enforcement. fire, and emergency medical
servi
d:F. Additional Permitted Essential Services in Residentially Zoned Districts. In
residentially zoned districts, in addition to the essential services identified above
in Section 2.9.6.1.A., neighborhood parks. shall be considered a permitted
essential service.+
2.6.9.2.Conditional uses. The following uses require approval pursuant to section 2.744.8
conditional uses:
a;A, Conditional Essential Services in Every Zoning District Excluding the RFMU
District Sending Lands. Conservation zoned lands.NRPAs. and RLSA designated
HSAs and FSAs: In every zoning district, unless otherwise identified as permitted
uses, and excluding RFMU District Sending Lands. Conservation zoned land%,
and NRPAs. the following uses shall be allowed as Conditional Uses:
.L. electric or gas generating plants . .
affluent tanks,;
2, mMajor re-pump stations sewage treatment plants, including percolation
ponds, and water aeration or treatment plants,
4. hHospitals and hospices;an_d
Government facilities, including where not identified as a permitted use
in this section, safety service facilities such as including law enforcement,
fire, emergency medical services. .
,��
2.6.9.1.,eflai6-eedes
q 0'2
TAL#531126 3 .
B. Conditional Essential Services in RFMU Sending Lands. NRPAs, Conservation
zoned districts, and RLSA designated HSAs and FSAs. Within RFMU District
Sending Lands, NRPAs, Conservation zoned districts, and the RFLA designated
HSAs and FSAs subject to the limitations set forth in 2.2.27.11. B.2 in addition
to the essential services identified as allowed conditional uses in Section
2.6.9.2.A. above, the following additional essential services are allowed as
conditional uses:
1. Sewer lines and lift stations necessary to serve a publicly owned or
privately owned central sewer system providing service to urban areas
and/or the Rural Transition Water and Sewer District, when not located
within already cleared portions of existing rights-of-wavor easements;
2. Safety Services limited to law enforcement, fire, and emergency medical
services
C. Additional Conditional Uses in Residential, and Estate Zoned Districts, and in
RFMU Receiving and Neutral Llands: In residential, agricultural, and estate
zoned districts+ and in RFMU Receiving and Neutral Lands in addition to those.
essential services identified as conditional uses in Section 2.6.9.2.A., above. the
following essential service shall also be allowed as conditional uses: . ..
1• Regional parks and community parks
2. Public parks and public library facilities;
,Safety service facilities-,i:
eQther similar facilities, except as otherwise specified herein.
2.6.9.3 . Conditional Uses that Include the installation
of Structures
1. Where structures are involved other than structures
supporting lines or cables, such structures` shall comply with the
regulations for the district in which they are located, or as maybe required
on an approved site development plan under division 3.3. In addition, the
structures shall conform insofar as possible to the character of the district.
in which they are located as to development standards, as well as
architecture and landscaping, with utilization of screening and buffering 12
ensure compatible with the distriet surrounding and nearby existing and
future uses.
2. Within the RFMU District Sending Lands.NRPAs. Conservation Districts,.
and the RLSA HSAs and FSAs, structures supporting the conditional use
shall be located so as to minimize any impacts on native vegetation and on
wildlife and wildlife habitat.
376,9:4 Essential services shall not be
deemedto include the erection of structures.for commercial activities such
as sales or the collection of bills in districts from which such activities
would otherwise be barred. Unstaffed billing services,which are accessory
uses to the normal operations of the essential service,may be permitted.
Awe
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10/16/03 DRAFT
TAB G
2.6.35
COMMUNICATIONS TOWERS
�1 .
TAL#5311043
1EL U3 D AFr
2.6.35 COMMUNICATIONS TOWERS.
2.6.35.1 PURPOSE AND INTENT
2.6.35.2 THROUGH 2.6.35.5.8.NO CHANGE.
2.6.35.5.9 MIGRATORY BIRDS AND OTHER WILDLIFE CONSIDERATIONS
A. MOUNTED TOWERS
B. BIRD DWERTER DEVICES
C. HABITAT LOSS
D. SECURITY LIGHTING
2.6.35.6.12 THROUGH 2.6.35.11. NO CHANGE.
2.6.35.6.12. TOWER LIGHTING
A. TOWERS AND ANTENNAS EXCEEDING 150 FEET.
B. TOWERS EXCEEDING 199 FEET
2.635.6.13 THROUGH 2.6.35.7. NO CHANGE.
2.6.35.8. WIRELESS EMERGENCY TELEPHONE SERVICE
2:6.35.8.1. CO-LOCATED FACILITIES
2.6.35.8.2. NEW TOWERS OR ANTENNAS
2.6.35.8.3 SUFFICIENCY NOTICE
2.6.35.8.4 DEFAULT APPROVAL ..:.
2.6.35.8.5 WAIVER
2.6.35. Communications towers.
TAL#531104.3
•
e and intent. This section applies to specified communication towers that
2.6.35.1. �� '
support any antenna designed to receive or transmit electromagnetic energy, suchas but not:
limited to telephone, television, radio or microwave transmissions. This section sets
standards for construction and facilities siting; is to minimize where applicable adverse
visual impacts of towers and antennas through careful design, siting and' vegetation
screening; to avoid potential damage to adjacent properties from tower failure; to maximize
the use of specified new communication towers and thereby to minimize need to construct
new towers;to maximize the shared use.of specified tower sites to minimize the need for
additional tower sites; to lessen impacts new ground mounted towers could have oq
mi tory and other species of birds: to prevent unnecessary habitat fragmentation and/or
disturbance in siting and designing new towers; and to consider the concerns of the Collier
Mosquito Control District as to low flying mosquito control aircraft safety.
2.6.35.2 through 2.6.35.5,8. No change
1.6.25.5.9 Migratory Birds and other Wildlife Considerations.
A. Ground Mounted Towers. Except to the extent not feasible for the respective new ground
mounted tower's intended purpose(s), each new ground mounted tower that will exceed a
height of seventy-five(75)feet(above ground). exclusive of antennas.but will not exceed
a height of one hundred and ninety-nine (199) feet above natural grade, exclusive of
antennas, should not be guyed. If the applicant desires proposes that a new ground
mounted tower within this height range be guyed, the applicant shall have the burden of
proving the necessity of guying the tower.
B. Bird Diverter Devices. Each new ground mounted_guyed tower installed after January 1,
2004, greater then seventy-five 175) feet in height above natural grade, exclusive of
antennas, shall have installed and maintained bird diverter devices on each guy wire (to
reduce iniuries to flying birds).
C. Habitat Loss. In addition to the'requirements in Division 3.9. towers and other on-site
facilities sited in the rural area east of State Road 951 shall be designed, sited, and
constructed to minimize habitat loss within the tower footprint.At such sites,road access
and fencing, to the extent feasible, shall be utilized to minimize on-site and adiacent
habitat fragmentation and/or disturbances.
D. _curl Lighting. When feasible, security lighting toprotect on-ground
facilities/equipment shall be down-shielded to try to keep such light within the outermost
geographic boundaries of the tower's footprint..
2.6.35.6.1 through 2.6.35.11.No change
2.6.35.6.12. Tower lighting.
TALS531104.3
A. Towers and Antennas Exceeding 150 Feed Towers and antennas with a height greater
than 150 feet shall be required to have red beacon or dual mode lights unless exempted in
writing by the Collier County Mosquito Control District. Such lights shall meet the then
existing Federal Aviation Administration (FAA)technical standards. No other towers or
antennas shall be artificially lighted except as required by the FAA, the Federal
Communications Commission, or other applicable laws, ordinances or regulations. If the
FAA rules require lighting,then the applicant shall comply with such rules:
B. Towers Exceeding 199 Feet. Each new tower that will have a height in excess of one
hundred and ninety-nine (199) feet above ground, exclusive of antennas, and such tower
shall be lighted no more than is otherwise required by state and/or federal law, rule, or
regulation Unless otherwise then required by law, rule or regulation: only white
(preferable)or red strobe-type lights shall be used at night. Such lights shall not exceed
the minimum number,minimum intensity, and minimum light flashes per interval of time
(requiring the longest allowable duration between light flashes) required by state or
federal law, rule, or regulation. Solid red (or pulsating red) warning lights shall not be
used at night.
2.6.35.6.13 through 2.6.35.7. No change,
2.6.35.8. Wireless Emer2encv Telephone Service. Notwithstanding any other provisions of
Section 2.6.35. the following provisions shall apply to communications towers that provide
wireless emergency telephone service:
A. These facilities are Essential Services.
B. Each applicant for these permits is required to clearly inform County staff by means of an
emboldened `notice" in a cover letter or on the first page of the permit application,
substantially as follows: This Application is subiect to the expedited timelines specified in
Chapter 365.172. Florida Statutes.
C. Applicants for these permits need not provide staff with evidence that a proposed wireless
communications facility complies with federal regulations. but staff may require from
such applicant proof of proper FCC licensure. and staff may request the FCC to provide
information as to the provider's compliance with federal regulations to the extent then
authorized by federal law. The 'County has no permitting jurisdiction with regard to
wireless communications facilities located (or to be located) on property owned by the
State of Florida. including State-owned rights-of--way.
2.6.35.8.1. Co-located Facilities. Provided the then existing zoning applicable to the proposed
site allows E911 facilities without a need to rezone, a need to obtain conditional use
approval. or any other required process (such as, for example: having an agreement
amended). the County shall grant or deny a properly completed application requesting co-
location of E911 Service, or co-location for wireless telephone service, not later then forty-
five (45) business days after the date that a properly completed application is initially
submitted to staff in accordance with all applicable permit application requirements in
section 2.6.35. Co-location of such facilities on a then existing above-ground tower or other
above-ground structure shall not be subiect to the land development regulations pursuant to
Section 163.3202, Florida Statutes, provided the height of the then existing tower or
q"'"-7)
TAIJI531104.3 .
structure is not thereby increased. Co-location of such antenna. or co-location of related
equipment, shall be subiect to applicable building regulations, and with all then existing
permits or agreements applicable to that tower or to the underlying property. Nothing
herein, including the forty-five(45) business days timeline. shall relieve the permit holder
for, or owner of. the then existing tower or structure from complying with applicable permit
requirements. or applicable agreement(s), or with applicable land development regulation
(including aesthetic requirement).or compliance with any other then applicable law(s).
2.6.35.8.2. New Towers or Antennas. The County shall grant or deny an application requesting
location of a new wireless telephone service tower, or for location of antennas) for wireless
telephone service, not later then ninety(90)business days after the date that an appplicatiog
that fully complies with the requirements of Section 2.6.35 is submitted...provided the then
existing zoning applicable to the proposed site allows the E911 facilities without need to
rezone, the need to apply conditional use approval, or other required procedures. Provided
further that nothing herein shall affect_permit compliance of such facilities with applicable
federal regulations, applicable zoning and/or land development regulations (including
aesthetic requirements), or with applicable building regulations. Pursuant to Section 365.172,
Florida Statutes.
2.6.35.8.3. Sufficiency Notice. Within twenty (20) business days of receiving the_permit
application for any facility listed above in subsection 2.6.35.8.1 or in 2.6.35.8.2.. staff shall
in writing notify the permit applicant whether the application is, or is not, properly
completed. If such permit application is not properly completed, staff shall with specificity
notify the applicant of any and all deficiencies. which if cured will thereby render the
application being properly completed. Staff should also notify the applicant whether the
.licable zoning classification allows the applied-for use(s) without rezoning. without
conditional use approval, or without any other related ancillary approval process or
permissiorla
2.6.35.8.4 Default Approval.
A. An application for E911 service, co-location of wireless telephone service,or new.
location for wireless telephone service or antennae shall be deemed to have been
automatically granted provided that:
1. Such service or facility is allowed in the applicable zoning district without a rezone,
without the need to apply for a conditional use, or without the need to apply for some
other vermin
2. the County fails to either want or deny the applied-for permit within the time frames
set forth in Sections 2.6.35.8.1 or 2.6.35.8.2. as applicable: and
3. the applicant has not agreed to an extension of time. as provided in Section
U25_11,
B.
___Ip2T_ve,rthe applied-for permit shall not be deemed granted if final action requires
action by the BCC,but such action is prevented due to emergency conditions beyond the
County's control. In such instance, the time for final action on the appliation shall bb
extended until the next regularly scheduled meeting of the BCC. The permit shall be
deemed to be granted if the BCC fails to take final action at that time.
TAL#531104 3
2.6.35.8.5. Waiver: Extensions of the above-described applicable timelines (deadlines)shall not
be effective except to the extent voluntarily agreed to by the permit applicant Narrow
exception: a one-time timeline waiver may be required if there then exists an emergency that
directly affects the administration of all of the County's communications tower permitting
activities which had been formally declared by the County, by the State of Florida. or by the
federal government.
•
•
14
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. 10/16/03 DRAFT
TAB I •C
•
2.6.39
TDRS
•
•
Ico .
TA1I/531117.3 . / •
1W10103 DRAIT
2.6.31. TRANSFER OF DEVELOPMENT RIGHTS: •
y
2.6.36.1 PURPOSE,INTENT,AND APPLICABILITY
A. PURPOSE
B. INTENT
C, APPLICABILITY
2.6.36.2 TRANSFER OF DEVELOPMENT RIGHTS FROM URBAN AREAS TO
URBAN AREAS
2.6.39.3 TDR CREDITS FROM RFMU SENDING LANDS: GENERAL PROVISIONS
2.6.39.4 TRANSER OF DEVELOPMENT RIGHTS FROM RFMU SENDING LANDS
TO NON-RFMU RECEIVING AREAS
A, TRANSFERS TO URBAN AREAS
B. TRANSFERS TO THE URBAN RESIDENTIAL FRINGE
2.6.39.5 TRANSFERS FROM RFMU SENDING LANDS TO RFMU RECEIVING
LAN1
2.6.39.6 PROCEDURES APPLICABLE TO THE TRANSFER OF TDR CREDITS
FROM RFMU SENDING LANDS
A. GENERAL
B. COUNTY MAINTAINED CENTRAL REGISTRY
2.6.39 TRANSFER OF DEVELOPMENT RIGHTS (TDR)
2.6.39.1 PURPOSE.INTENT,AND APPLICABILITY
�Pulvosp:
1. The primary purpose of the TDR process is to establish an equitable method
of protecting and conserving lands determined to have significant
environmental value._ including large connected wetland systems and
significant areas of habitat for listed species: and
2. To_provide a viable mechanism for property owners of such environmentally
valuable lands to recoup lost value and development potential which may be
associated with the application of environmental preservations standards to
such lands.
B. Intent: These TDR provisions are intended to accomplish the above stated
purpose through an economical) via e process of transferring development
/0 I .
TAL*331117.3
rights from less suitable non-RFMU sending areas and RFMU Sendine Lands to
more suitable non-RFMU receiving areas and RFMU Receiving Lands.
C. Applicability: These TDR provisions shall be applicable to those areas
specifically identified in 2.6.39.2. 2.639.3. and 2.6.39.3 below. These TDR
provisions shall not be applicable to the any transfer of development rights within
the RISA District.
2.2.24.11. 2.6.39/.TRANSFER OF DEVELOPMENT RIGHTS FROM URBAN
AREAS TO URBAN AREAS. An owner of land located within areas designated as
urban on the Future Land Use Map,including agriculturally zoned properties,which
may or may not be identified with the ST overlay,may elect to transfer some or all of
the residential development rights from one parcel of land to another parcel,as an
alternative to the development of the sending lands.The lands to which the
development rights are to be transferred shall be referred to as receiving lands and
those lands from which development rights are transferred shall be referred to as.
sending lands,as provided herein and shall be located within the urban designated
areas of the county
247244447 A. The development rights shall be considered as interests in real
property and be transferred in portions or as a total as provided in this section.
Once used,the residential development rights shall not be used again and the
residential development rights of the subject lands.providing them shall be
considered severed forever
a:124444,B.The transfer of development rights to be used shall be subject to all of
the requirements of the basic zoning district to which.they are transferred unless
specifically approved otherwise as provided by law
2.2.2 C The minimum area of land eligible for the transfer of development
rights shall be equal to the minimum lot size for the sending zone.For the
purposes of this section,legal non-conforming lots of record may be eligible to
transfer density,with the minimum area of the receiving land equal to the area of
the legal non-conforming lot of record, excluding submerged land
�+2 24 l D � Upon the approval of the transfer of residential development rights
�-r � po
by a super majority vote of the board of county commissioners,the property
owner of the sending land shall dedicate in fee simple the land to the county or a
state or federal agency;however,the lands may be dedicated in fee simple to a
private,not-for-profit conservation or environmental organization in accordance
with F.S. § 704.06,as amended,with the approval of the board of county
commissioners
2424411-5T= E The maximum number of residential units which may be requested
for transfer shall be compiled on the basis of the permitted density pursuant to the
underlying zoning category of the sendin land
17.3
2.2.24.11.6.E.Maximum number of residential units which eligible lands may receive
1. Lands in all residential zoning districts and residential components of planned
unit development zoning districts are eligible to receive residential
development units provided that the maximum number of residential.units
which may transferred to the receiving land does not exceed ten percent of
the maximum number of residential units permitted under the receiving
property's basic zoning district.For the purpose of determining the number of
residential units which a parcel of land is capable of receiving,the following
formulas shall apply •
& RSF-1 through RSF-5 districts,up to and including five units per acre:
Units per base density X 10%=.1 to .5 units per acre .
b RMF-6 district,up to and including six units per acre::
6 units X 10%=0.6 units per acre
RMF-12 district,seven to and including 12 units per acre:
12 units X 10%= 1.20 units per acre.
fk RMF-16 district
16 units X 5%=0.80 units per acre
& •RT district
16 units X 5%=0.80 units per acre
26 units X 5%=1.30 units per acre
E PUD district;.
Residential tract units X 5%=permitted units per acre
2. For the purpose of calculating the final fractional residential unit of the total
number of residential units eligible for transfer to an eligible parcel of land,
the following shall apply Any fractional residential unit shall be converted
upward if one-half or more of a whole unit,or downward if less than one-half
of a whole unit,to the nearest whole unit value..
2.2.24.12. F.Procedure for obtaining transfer of residential development rights. Any
owner of eligible land may apply for a transfer of development rights either
separately or concurrently with rezoning, zoning ordinance amendments,
preliminary subdivision plat or development plan.Prior to the approval of any
transfer of development rights or the issuance of any building permits in
connection with the use of any transfer of development rights,the petitioner shall
submit the following information and data, as applicable to the petition,to the
development services director for his review and subsequent action by the board rm
of county commissioners
TAL#5311173. 30
1. Name and address of property owner of sending land.
2. Name and address of property owner of receiving land.
3. Legal description of sending land from which transfer of residential . .
development rights is petitioned.:
4: Survey of sending land from which transfer of residential development rights
5. Legal description of receiving land which receives the transfer of residential
development rights.
6. Survey of the land which receives the transfer of residential development
rights.
7. Three copies of an executed deed of transfer of ownership of the sending
property to the county or a state or federal agency;however,the lands may be
dedicated in fee simple to a private,not-for-profit conservation or
environmental organization in accordance with F.S. § 704.06,as
amended,with the approval of the board of county commissioners in a form
approved by the county attorney.
8. The owner of the sending land shall provide a guarantee,agreeable to and
approved by ordinance of the board of county commissioners,that the sending
land will be utilized only for the purposes of increasing public recreational
and/or educational opportunities,creation of linkages between public or
private open space,protection of critical habitat/ecosystems,or other public
purpose as specified in the ordinance of adoption. Such a guarantee shall be
recorded with the clerk of the circuit court of Collier County,Florida as a
recorded restriction of the use of such land and shall be binding upon all
present and subsequent owners,heirs,or assigns of such property. Such
restrictions may not be amended,deleted,or otherwise altered, except by a
majority vote of the board of county commissioners.
22:2443T Time limitations on board of county commissioners'approval of
transfer of residential development rights or authorization to proceed with the
processing of a building construction permit.The board of county commissioners'
approval of a transfer of residential development rights or the planning services
director's authorization to proceed with the processing of a building or
construction permit shall be valid so long as such approval is permitted by law.
The failure to act on the part of the petitioner to exercise the transfer of residential
development rights or obtain and exercise an authorized building or construction
permit within the time period provided by law shall automatically terminate such
approval and the county shall be held harmless for any damages arising out of the
petitioner's failure to act
2.2.21.14: H.Sequential use of residential units approved for transfer by the board of
county commissioners. Upon the issuance of any permit for the
construction of residential unit(s)upon the receiving land,the first
residential units built thereon s, : be considered to be the residential units
046
TAL#531117.3
approved for transfer by the board of county commissioners,and the
succeeding residential units constructed shall be considered the residential
units permitted under the basic zoning district regulations
2.6.39.3 TDR CREDITS FROM RFMU SENDING LANDS: GENERAL
PROVISIONS
A. Creation of TDR Credits.
1. TDR Credits are generated from RFMU Sending Lands at a rate of 1 TDI
Credit per 5 acres of RFMU Sending Land or. for those legal non-conforming
lots or parcels of less than 5 acres that were in existence as of June 22, 1999,
at a rate of 1 TDR Credit per legal non-conforming lot or parcel.
2. For lots and parcels 5 acres or larger,the number of TDR Credits generated
shall be calculated using the following formula;
#of acres x 02=#of TDR Credits generated.
Where the number of TDR Credits thus calculated is a fractional number,the
number of TDR Credits created shall be rounded to the nearest 1/100th.
B. TDR Credits from RFMU Sending Lands may be transferred into Urban Areas,
the Urban Residential Fringe, and RFMU Receiving Lands,as provided in
Sections 2.6.39.4 and 2.6.39.5.
C. Prohibition on Transfer of Fractional TDRs. While fractional TDR Credits may
be created, as provided in A above,TDR Credits may only be transferred from
RFMU Sending Lands in increments of whole,not fractional.dwelling units.
Consequently, fractional TDR Credits must be aggregated to form whole units,
before they can be utilized to increase density in either non-RFMU Receiving
Areas or RFMU Receiving Lands.
D. Prohibition on Transfer of Development Rights.
1. TDR Credits shall not be transferred from RFMU Sending Lands where a
conservation easement or other similar development restriction prohibits the
residential development of such property.
2. TDR Credits shall not be transferred from RFMU Sending Lands that were
cleared for agricultural operations after June 19.2002, for period of twenty-
five(25)years after such clearing occurs:
2.6.39.4 TRANSFER OF DEVELOPMENT RIGHTS FROM RFMU SENDING
LANDS TO NON-RFMU RECEIVING AREAS
A. Transfers to Urban Areas.
TAL#5311173
1. Maximum density increase. In order to encourage residential in-fill in urbaq
areas of existing development outside.of the Coastal High Hazard Area. a
maximum of 3 residential dwelling units per_gross acre may be requested
through a rezone petition for projects Qualifying under this residential infill
provisions of the Future Land Use Element Density Rating System. subject to
the applicable provisions of Division 2:7 of this Code, and the following
cond1tions�'
a. The project is 20 acres or less in size,
b. At time of development,the project will be served by central public water
and sewers •
c. The property in Question has no common site development plan with..
adjacent property'.
d. There is no common ownership with any adjacent parcels: and
e. The parcel in Question was not created to take advantage of the in-fill
residential density bonus and was created prior to the adoption of this •
provision in the Growth Management Plan on January 10. 1989,
f. Of the maximum 3 additional units. one (1) dwelling unit per acre shall be ..
transferred from RFMU Sending Lands. Site.Plan or Plat Avproval.
2. Developments which meet the residential infill conditions a through e above
may increase the base density administratively through a Site Development,
Plan or Plat approval by a maximum of one dwelling unit per acre by
transferring that additional density from RFMU District Sending Lands.
B. Transfers to the Urban Residential Fringe. _TDR Credits maybe transferred from
RFMU Sending Lands located within one mile of the Urban Boundary into lands
designated Urban Residential Fringe at a rate of 1.0-dwelling units•per acre,
allowing for adensity increase from the existing allowable base density of 1.5
dwelling units per acre to 2.5 dwelling unit per gross acre.
2.6.39.5 TRANSFERS FROM RFMU SENDING LANDS TO RFMU .RECEIVING
LASS. .
A. Maximum Density on RFMU Receiving Lands When TDR Credits are .. .
Transferred from RFMU Sending Lands.
1. The base residential density allowable shall be as provided in Sections
2.2.2V2.2.A.1.a. and 2.2.2Y2.2.B.3.a:
2. The density achievable through the transfer of TDR Credits into RFMU
Receiving Lands shall be as provided for in Section 2.2.2%.2.A.b.(1) outside,
of Rural Villages and Section 2.2.2%.2.B.3.b. c. and d inside of:Rural.
Villa
B. Remainder Uses After TDR Credits are Transferred from RFMU Sending Lands.
Where development rights have been transferred from RFMU District Sending
Lands. such lands may be retained in_private ownership and may be used as set
forth in Section 2.2.2%.4.A.2.
t>63. .
TALN531117.3
3.6.39.6. PROCEDURES APPLICABLE TO THE TRANSFER OF TDR CREDITS
FROM RFMU SENDING LANDS.
A. General. The transfer of TDR Credits from RFMU Sending Lands does not
require the approval of the County. However,those developments that utilize
such TDR Credits are subiect to all applicable permitting and anprovv
requirements of this Code.including but not limited to those applicable to site
development plans,plat approvals,PUDs,and DRIB.
B. County-Maintained Central TDR Registry. In order to facilitate the County's
monitoring of the TDR Program.the County shall serve as the central registry of
all TDR Credit purchases, sales,and transfers. No TDR Credit generated front
RFMU Sending Lands may be utilized to increase density in any area unless the
following procedures are complied with in full.
1. TDR Credits shall not be used to increase density in either non-RFMU
Receiving Areas or RFMU Receiving Lands until severed from RFMU
Sending Lands. TDR Credits shall be deemed to be severed from RFMU
Sending Lands at such time as a TDR Credit Certificate is obtained from the
County and recorded. A TDR Credit Certificate shall be provided by the
County upon submission of the following:
a. a legal description of the property from which the RFMU TDR Credits
originated,including the total acreage
b. a title search,or other evidence, establishing that prior to the severance of
the TDR Credits from the RFMU Sending Lands, such Sending Lands
were not subject to a conservation restriction or other development
restriction that prohibited residential development;
c. a legal instrument,prepared in accord with the form provided by the
County,that limits the allowable uses on the property after the severance
of TDR Credits as set forth in Sections 2.2.2Y2.4.A.2;and
d. a statement identifying the price,or value of other remuneration,raid to
the owner of the RFMU Sending Lands from which the TDR Credits were
generated, unless such owner retains ownership of the TDR Credits after
they are severed, and establishing that the value of any such remuneration
is at least$25.000 per TDR Credit.
2. No application for a site development plan, subdivision plat,PUD,or DRT<.
where such development will utilize TDR Credits from RFMU Sending
Lands, shall be deemed sufficient until the developer submits the following:
a documentation that the developer has acquired or has a contract to acquire
all TDR Credits needed for the development and
b. a TDR transaction fee of I S 1.
3. The approval of any development that will utilize TDR Credits from RFMU
Sending Lands shall be conditional if.at the time of such approval, the
developer has not vet acquired full ownership and control of all TDR Credits
needed for the development and/or the TDR Credit Certificates for all TDR
Credits needed for the development have not yet been recorded. The
developer shall have 60 days after the date of such conditional approval to
TAL#5311173 7
provide documentation of the acquisition of full ownership and control of all
Credits
needed for
thed
development and to record the TDR Credit
TDR P
Certificates for all such TDR Credits. If such documentation is not provided
within 60 days.the approval shall be null and void.
•
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it)
TAL#5311173
Revision 10/16/03
TAB J
2.6.40 •
DENSITY BLENDING
( 0q ,
TAL1531105.1
10/16/03 DRAIT
2.6.
40 DENSITY BLENDING
2.6.40.1 PURPOSE
2.6.40.2 CONDITIONS AND LIMITATIONS
A, PROPERTIES STRADDLING RFMU RECEIVING
OR NEUTRAL LANDS
B. PROPERTIES STRADDLING RFMU SENDING LANDS
C. PROPERTIES STRADDLING THE IMMOKALEE URBAN
AREA AND THE RLSA DISTRICT
2.6.40.DENSITY BLENDING
2.6.40.1 Purpose: In order to encourage unified plans of development and to preserve
wetlands. wildlife habitat, and other natural features that exist within properties that straddle
the Future Land Use Urban Mixed Use and Rural Fringe Mixed Use Districts that were in
existence and either owned or under contract for purchase by the applicant as of June 19,.
2002, or the Urban and Rural Designation as provided for in the Immokalee Area Master
Plan, the allowable gross density in aggregate (and intensity in the case of those lands
identified as eligible in the Immokalee Area Master Plan) may be distributed throughout the
project, regardless of whether or not the density or intensity allowable for a portion of the
project exceeds that which is otherwise permitted by the.Future Land Use Element or
Immokalee Area Master Plan as the case may be, subject to the conditions and limitations set
forth in 2.6.40.2
2.6.40.2. Conditions and Limitations:
A. Properties Straddling RFMU Receiving or Neutral Lands: Density blending between '
- properties straddling either the Urban Residential Subdistrict or Urban Residential Fringe
Subdistrict and either Neutral or Receiving Lands within the RFMU District is permitted,
subject to all of the following conditions and limitations:
1. The project straddles either the Urban Residential Sub-District or Urban Residential
Fringe Sub-District and either the RFMU District Neutral or Receiving Lands.
2. The project in aggregate is at least 80 acres in size.
3. At least 25%of the project is located within the Urban Mixed Use District.
4. The entire project is located within the Collier County Sewer and Water District
Boundaries and will utilize central water and sewer to serve the project unless interim.
provisions for sewer and water are authorized by Collier County,
5. The project is currently zoned or will be rezoned to a PUD.
6. Density to be shifted to the RFMU District from the Urban Residential Sub-District is
to be located on impacted lands, or the development on the site is to be located so as.
topreserve and protect the highest Quality native vegetation and/or habitat on-site and
TAU/531105.1
to maximize the connectivity of such native vegetation and/or habitat with adjacent
preservation and/or habitat areas.
7. The entire project shall meet the applicable preservation standards of the RFMU.
District as set forth in Section 3.9.4.3.1, These preservation requirements shall be
calculated based upon,and apply to.the total project area.
B. Properties Straddling RFMU Sending Lands: Density blending between properties
straddling the Urban Residential Fringe Subdistrict and Sending Lands in the RFMU
District is permitted subject to all of the following conditions and limitations:
1. The project straddles the Urban Residential Fringe Sub-District and the RFMU
District Sending Lands. •
2 The project in aggregate is at least 400 acres.
At least 25% of the project is located within the Urban Residential Fringe Sub-
Di '
4. Theproiect must extend central water and sewer(from the urban designated portion
of the project) to serve the entire project, unless alternative interim sewer and water
provisions are authorized by Collier County: and
5. The Proiect is currently zoned or will be zoned PUD.
6. The density to be shifted to the RFMU District Sending Lands shall be located on:
impacted or disturbed lands, or shall be located so as to preserve and protect the
highest quality native vegetation and/or habitat with adjacent preservation_ and/or
habitat areas.
7. Native vegetation shall be preserved as follows:
a. As identified in Section 3.9.4 in those portions of the Project to be located in the
• Urban Residential Fringe Subdistrict.
b. In those portions of the Project to be located in the RFMU District Sending Lands,
the native vegetation preservation requirement shall be 90% of the native
vegetation, not to exceed 60% of the area of the Project designated as RFMU
District Sending Lands.
c. Where wetland areas are impacted through the development process.but resulting
wetlands functions, including functions relating to habitat and flowways, are
enhanced. such wetland areas shall be credited toward satisfaction of the native
vegetation preservation requirements and shall not be considered impacted. These
wetland areas may be used for water storage provided that the water discharged in
these areas is pre-treated..
8. permitted uses for density blending under this provision include residential
development and associated amenities,including golf courses meeting the criteria for
golf courses within the Neutral area. This provision is not intended to eliminate any
uses permitted within the applicable underlying zoning district(s)..
C. properties Straddling the Immokalee Urban Area and the RLSA District: Density and
Intensity Blending between properties straddling the Inunokalee Urban Area and the.
RLSA District shall be permitted, subject to all of the following conditions and
limitation. .
1. The Project in aggregate must be a minimum of 200 acres in size.
TAL#531105.1
2. The lands from which density and/or blending are shifted must be within the
Immokalee Urban Area must be designated Recreational/Tourist District.
3. The lands within the Immokalee Urban Area from which density and/or intensity
are shifted must have a FLUCCS Code designation of Group 1 or Group 2 and an
Index Value of greater than 1.2,both as indicated on the Natural Resource Index,
4. Density and/or intensity may only be shifted from the lands within the Inunokalee
Urban Area containing the Index Value (as measured above). on an acre per acre
Value
of
1.2 or less.
basis,to lands within an SRA haying an Index
5. Lands from which the density and/or intensity has been shifted shall be placed ii
a conservation easement in perpetuity.
•
TAW311O.1
, 10/16/03 DRAFT
TAB H
3.5.11.
LITTORAL SHELF PLANTING AREA
(1(
TAL#531106.2.
30/16/2003 DRAFT
Sec. 3.5.11 Littoral Shelf Planting Area (LSPA). Sec. 3.5.11 Littoral Shelf Planting
Area(LSPA). The purpose and intent of a littoral shelf planting area(LSPA)is to'establish
a planted area within an excavated lake serving as a wet detention pond as part of a
• storm water management system that will support wetland plants, improves the water quality
within the lake and provides habitat for a variety of aquatic species including wading birds
and other waterfowl. Contained within an-emeavated such a lake, this area will typically
function asa freshwater marsh: . Accordingly, the following requirementshave been
established in order for the LSPA to be,designed and maintained to accomplish this stated
purpose and function.
3.5.11.1 Design Requirements.
3.5.11.1.1 Area Requirements. The total area of the LSPA shall be calculated as a percentage
of the total area of the lake at control elevation. Area requirements vary within the County
and are follows: •
a. Rural Fringe Mixed Use District — Reserved--30 percent. This requirement may be
reduced subject to the incentives identified in Section 3.9.4;
b.All other areas—7 percent.
3.5.11.2 through 3.5.11.3 No change
3.5.11.4. Exemptions. Lake excavations activities which are lawfully permitted and
used for aquaculture shall be exempt from the LSPA requirements. Lake excavation
activities subject to the Resource Extraction Reclamation Act (Ch..378, Part N, Fla. Stat.)
shall be exempt from the LSPA requirements but shall otherwise be required to follow the
mine reclamation requirements required in Section 3.5.7.6. Exempted lake excavations that
are modified to allow the lake to function as a wet detention pond as part of a stormwater
management system shall no longer be exempted from this section and shall meet the
standards contained herein at the time of modification.
TAL5531106 2
II
10/16/03 DRAFT
TAB K
3.8
ENVIRONMENTAL IMPACT STATEMENTS
#0.
TALflS31108 3
10/16/03 DRAFT
DIVISION 3.8. ENVIRONMENTAL IMPACT STATEMENTS(EIS)*
• 3.8.1 TIME 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 •
3.8.52 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
3.8.82 AGRICULTURAL USES
3.8.8.3 NON-SENSITIVE AREAS
3.8.8.4 AREAS WITHIN INCORPORATED MUNICIPALITIES
3.8.8.5 NBMO RECEIVING LANDS
/IS .
TAI1531108.3
3.8.9 FEES
3.8.10 APPEALS
Division 3.8 ENVIRONMENTAL IMPACT STATEMENTS(EIS)
3.8.1 No change.
Sec.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 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.
3.8.22.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 3.8.9,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.
eato
TAL 5311013
3.8.3A. 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, h
in written and digital format,shall be submitted to development services
director forapproval, 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 ecological or biological professional experience if substituting for academic
credentials. . : •
Sec. 3.8.5.Information required for application.
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TAL*331108.3
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3.8.5.1 Applicant information:
A. Responsible person who wrote the EIS and his/her education and job related
environmental experience. . .
B. Owners)/agent(s)name, address,phone number&e-mail address.
3.8.5.2 Mapping and support_
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 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 planlocations 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 Disticts, a site plan showing the location of the sites
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 P
project site,according to the Florida Land Use Cover and Forms Classification System
aa .
TAL#5311083
•
(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 cateaor
C. For sites already cleared and in agricultural use,provide documentation that the parcel(s)
are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation
and Coastal Management Element of the Growth Management Plan and 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
proms
E. For roperties with Special Treatment"ST"overlays,show the ST overlay on the
develo meet plan and provided an explanation as to why these areas are being impacted
orresew
3855Wetlan •
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
Around 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
Cour
B. Determine seasonal and historic high water levels utilizing lichen lines or other biological
indicators. Indicate how the project design improves/affects predevelonmenl
hydroperiods. What is 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.How have impacts
to wetlands been minimized?
D. Indicate how the project design compensates for wetland impacts pursuant to the Policies
an_ bjectives 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.
0-3.
TAL#531108i
District, and where higher quality wetlands are being retained on-site.provide
justification based on the Uniform Mitigation Assessment Method.
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 gassed 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 WO 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
rNuired 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.
fAs of September 30. 2003. an acceptable methodology for the EIS is that described its
Evaluation of Alternative Stormwater Regulations for Southwest Evaluation of
Alternative Stormwater Reeulations for Southwest Florida, Final Report Revised
September 8.2003.) •
C. Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-STI
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.
3.8.5.7 Listed Species
A. Provide a plant and animal species survey to include at a minimum, species of special
status 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. State actual survey times and dates,and provide a map
showing the location(s)of species of special status identified on-site.
B. List all species classified as endangered.threatened,or of special concern that are known,
or have potentialto utilize the site.
C. Indicate how the project design minimizes impacts to species ofspecial status. Wiat
measures are proposed to mitigate for impacts to state and federally listed species? .`
D. Provide habitat management clans for each of the species of special status know 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 ommission C ft and the U.S.Fish and Wildlife ervice t
with regards to the project.Explain how the concerns of these agencies have been met.
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
TAL#531108.3
Protection Plan. Include an exhibit showing the five-mile on-water travel distance of boat
traffic, as required in the Manatee Protection Plan.Section 2.6.22.
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 Bi. C Press Area of Critical State Concern-S' = ial Treatm
(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 may 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
pro osed 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
proms
3.8.ST 7 Relation between EIS and development of regional impact(DR.!). 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.
3.8.9:8, Exemptions.
3-.-8,971:3.8.8.1. Smge duplex-family or lex uses. Single-family or duplex use on a single lot or
p
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 :3 8 8 2 Agricultural uses. _gricultural uses
. � e . , . . . . - -. _. . . .. ..--- ..... -- ' that fan
Florida Statutes provided that the
within the scope of sections 163.3214(4)or 823.14(61, .
subject property will not be converted to a nonagricultural use or considered for any type of
after the
agricultural uses commence
rezoning petition for a period often twenty-five yearsgr
and provided that the subject property does not fall within an ACSC or ST zoning overlay.
TAL1l53110s3
3.8.9.2. 3.8.8.3 Non-sensitive Areas. Any area or parcel of land which isnot,in the opinion of f"" ,
the development services director,an area of environmental sensitivity, subject to the
following criteria: .. . .. _ ... ... : .. _ _ - . _. . _ =
•
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.a 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 drainagefor
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 tTh
and fauna elements of the property.
3.8.9.3. 3.8.84.All lands lying within all incorporated municipalities in Collier County.
3.8.8.5 All NBMO Receiving Lands.
3.8.40:9.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.
3.8.44712,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,
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.
TALN531108.3
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.
Upon conclusion of the hearing the environmental advisory board will submit.to the board
of county commissionerstheir 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#5311083
10/16/03 DRAFT
TAB L
3.9
VEGETATION REMOVAL, ETC
TAL#5311094
30/15/03 DRAFT
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 RECEWING LANDS OUTSIDE OF 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 I
A. . STANDARDS
B. MITIGATION
1. MITIGATION REQUIREMENTS
2. MITIGATION INCENTIVES.
3.9.5.4 ESTATES AND RURAL-SETTLEMENT AREAS
3.9.5.5 RLSA OVERLAY
3.9.5.6 SUBMERGED MARINE HABITATS
3.9.6 NATURAL RESERVATION PROTECTION AND
CONSERVATION
3.9.6.1 PURPOSE AND APPLICAB e
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TALOS31109A
3.9.6.2 REVIEW PROCESS
3.9.6.3 RFMU DISTRICT REQUIREMENTS
A. OPEN SPACE REQUIREMENTS
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 REMOVAL AND CONTROL
3. DESIGNATION OF A PRESERVE MANAGER
4. WILDLIFE HABITAT MANAGEMENT
S. PROTECTION DURING CONSTRUCTION AND SIGNAGE AFTER
CONSTRUCTION
H. ALLOWABLE USES WITHIN PRESERVE AREAS
3,9.7.2 INSPECTIONS AND MAINTENANCE
3.9.7.3 REQUIRED SETBACKS TO PRESERVES
3.9.8 VEGETATION PROTECTION AND REMOVAL STANDARDS
3.9.8.1 VEGETATION PROTECTION STANDARDS. .
A. GENERAL
B. FILLING AND CONSTRUCTION.DEBRIS
C. ATTACH EN'I'S
D. EXCAVATION
E. PROTECTIVE BARRIERS
1. INSTALLATION OF PROTECTIVE BARRIERS
2. DESIGNATION OF REPRESENTATIVE
3. PROTECTION OF ALL AREAS OF VEGETATION
4. PROTECTION OF INDIVIDUAL TREES
3.9.8.2. CRITERIA FOR REMOVALAND/OR RELOCATION OF
PROTECTED VEGETATION
A. STANDARDS
B. VEGETATION RELOCATION PLAN
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
TAL#531109A
3.9.9:2.EXOTIC VEGETATION MAINTENANCE PLAN
3.9.9.3.APPLICABILTTY 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
1. ISSUANCE OF PERMIT
2. DENIAL OF PERMIT
3. PERMIT FEES
D. VEGETATION REMOVAL PERMIT EXCEPTIONS
3.9.9 AGRICULTURAL LAND CLEARING
3.9.10.2.AGRICULTURAL LAND CLEARING
A. LAND CLEARING PERMIT
1. APPLICATION,
2. DETERMINATION OF COMPLETENESS
3. CRITERIA 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
3.9.1.1.1 PENAIJTIES
A. FINES
B. RESTORATION
3.9.11.2 CORRECTIVE MEASURES
A. MITIGATION
B. REQUIREMENTS FOR A MITIGATION PLAN
C. SITE-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 maybe 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 removal of existing viable vegetation in advance
of the approval of land development plans;to limit the removal of existing viable vegetation
(al ,
TAL0531109.4
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 obtaininga 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. Development in NBMO Receiving Lands are exempt from the provisions of this
Divisi
B Seminole and Miccosukee Tribe Exception.ExceptI_n 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
163.3214(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 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 app In i 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 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
CO°
TALS531109A
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 or in order to entitle the property owner to
additional density as provided in Section 3.9.4.5. The Collier Counts,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
erty. 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.
N - - ... 1 - • - ..._ _ -_ .. _ --... .. . _
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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
secti
3.9.4.1. General Standards and Criteria,
A. The preservation of native vegetation shall include canopy+ under-story and ground cover•
phasizini the largest contiguous area possible, except as otherwise provided in Section
.9.9.1
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 Seciton 3.9.7.
C. Preserve areas shall be selected in such manner as to preserve the following. in
descending order of priority:
1. Onsite wetlands having an assessed functionality of 0.65 or greaten
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,
4. Listed plant and animal species habitats
5 Xeric Scrub:
7. and Strand.Hardwood Hammocks'
8. Dry
Dune Prairie,Pine Flatwoods.and
9. All other upland habitats.
10. Existing native vegetation located contiguous to a natural reservation. off-site
D. Preservation areas shall be interconnected within the site and to adjoining
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#531109A
A. Required Preservation
Develo ment 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°4 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 Equal to or greater Equal to or
development types 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
vegetation retention standards and the proprosed uses allowed under this Code.
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.
..:
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TAU/531I09.4
c. Like for like preservation shall be required for Tropical Hardwoodand 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 250 of the si
.B Neutral Land
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.'.
, ce Extion
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 Sections
2.2.31.5
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 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
NREM
D. General Exce�tt'on
1. Non-conforming. Pre-existing Parcels. In order to ensure
e s of land usewiand
hin tho
protect the •rivate •ro• - ri is of owners of smaller
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
ss
than five (5) acres in size, native vegetation clearing shall be allowed,
aor
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 hutall lessnot than cnsidered a
to 20% of the parcel may be cleared. This allowance
maximum clearing allowance where other provisions of this Plan allow
owor greater
of brush
clearing amounts. These clearing limitations shall not proclearing
or under-stove etation within 200 feet of structures in order to minimize wildfire
fuel s_
2. S.ecific Cowl -owned Land. On Comm -owned land located inti Section 25
Township 26 E. Range 49 S (+1-360 acres).the native vegetation retention
site
.reservation re•uirements ma be reduced to 5000 if the •ermi ed uses are rests
to the portions of the property that are contiguous to the existing land fill operations;
.-: exotic removal will be required on the entire+/- 360 scree. .
TALN931109.4
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 2.6.91 where it can be
demonstrated that 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 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 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 that exceeds the requirements set forth in Section 3.9:43. 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 that exceeds the requirements set 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 Conservatiog •
3.9.5.1 Purpose. The following standards are intended to protect and conserve Collier County's /'1
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 2.227. 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
TAL#531109A
•
3.9.5.3: RFMU District. Direct im•acts of develo anent within wetlands shall be limited
directingsuch impacts away from high quality wetlands. This shall be cc omphand the
shed bY
_
adherence to the vegetation retention requirements of Section 3.9.4.3
folio ' .
A. Star______ISLWILat the time of project reviews
1-.--Armorder to assess the values and functions of wetlands using the Unified Wetland
applicants shall rate the functionality of wetlands
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 upoo thea SouthFlorida
WWater Management District's Wetland Rapid Assessment Procedures
described in Technical Publication Reg 001 -(September 1997, as update Augpst
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
D artment of Environmental Protecti
2. Wetlands Navin: functionali assessment scores of at least 0.65 shall be•res aceeage:
served
site, regardless of whether the preservation of these wetlands
re uired in Section 3.9.4.3. The acreage requirements of Section 3.9.4.3 shall first be
met b •reservin: those on-site wetlands with the hi: est functionali sco 1
3. Wetlands documented as bein_ utilized b listed
•ecies or servin as corridors fo
the movement of wildlife shall be •reserved on site remotion ss f3w
'reservation of these wetlands exceeds the acrea:e cared
in 4. Existin wetland flowwa throu the •ro'ect shall be maintain-• re:ardless o
whether the •reservation of these flowwa - exceeds the acrea le r=•uired in Secti•
•
3.9.4.
5. Drawdowns or diversion of the •and water table shall not averselhan: i th
h dro•eriod of 'reserved wetlands on or offsite. Detention
and control shall be set to •rotect surroundin: wetlands and be consistent with ssurro n d •'
and •ro'ect control elevations and water tables. In order to
meet these -•uen•ro'ects shall be desi' ed in accordance with Sections 4.2.2.4 6.11 and 6.12 o
SFWMD's Basis of Review January 2001
6. Sin:le famil residences shall follow the re•uirements contained within Secti• '
3.9. .4and usesas
7, preserved wetlands shall be buffered from
other
coffer ad'scent to� a natural water bod
a. A minimum 50-foot ve l etated u•land
b. For other wetlands a minimum 25-foot ve etated u'land buffer ad'acent to ••
wetl
c. A structural buffer ma be used in con'unction with a ve:etative buffer •.
would reduce the ye:etative buffer width b 50° . A structural buffer shall •
•uired ad'acent • wetlands where direct im•acts are allowed. . • •
buffer ma coni of a stein-wall b •• or ye dative he&e with suitabl-
fencin .
d. The buffer shall be measured landward from the a•J•roved atisd cti Where natio
•
e. The buffer zone shall consist of •reserved native ye_et
ve:etation does not exi native ve:etation com•atiible with the existin' soils : •
e ected h drolo 'c conditions shall be plan
TALS531109.4
f. The buffer shall be maintained free of Category I invasive exotic plants, as ".'1
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 acclivity or use which is
comparable in nature with the foregoing uses.
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. Protection shall be provided, for preserved or created wetland or upland
vegetative communities offered as mitigation by placing a conservation
easement over the land in perpetuity, providing for initial removal of Class r'1
Class I Exotics and continuing exotic plant maintenance, as provided in the
managementplan required by Section 3.9.7.12.
c. 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.
d. 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 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 greateror
c. Create, enhance or restore habitat for other listed species, in a location and
amount mutually agreeable tothe applicant and collier county after consultation
with the applicable jurisdictional agencies.
41,0
TAL#531109A
'.—. 3. EIS Provisions. When mitigation is proposed, the EIS shall demonstrate that there is
no net loss in wetland functions as prescribed above.
3.9.5.4. Estates and Rural-Settlement Areas. In the case of lands located within Estates
Designated Area and the Rural Settlement Area, the County shall rely on the wetland
jurisdictional determinations and permit requirements issued by the applicable jurisdictional
agency, in accordance with the following:
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 2.2.2
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 or parcels. j
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. within the RFMU
3.9.6.3. RFMU District Requirements. The following critiera shall apply
District only
A. • .en S.ace. • en .ace shall be r •uired to •rovide a buffer between the •ro'ect :u
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.
Citio
TALN531109 4
tm
B. Oven 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(Mvcteria americana)rookeries, bald eagle(Haliaeezts
leucocenhalus) 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 (Mvcteria 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 '1
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 o
the next development order submittal.
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 lessthan twenty feet for property of twenty
acres and greater,
C. Protection of Wetland Hvdroperiods. Drawdowns or diversion of the ground water table
shall not adversely change the hydroperiod of preserved wetlands on or offsite. Detention
tat°
TAL8531109A
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
having 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 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
r 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 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
pmject.
e. When small isolated areas(of less than%:acre in size)of native vegetation exist on
site. In cases where retention of native vegetation results in small isolated areas of
/2 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-
gASP**
TAU/531109.4
vegetation shall apply the standards of section 2.4.4. of this Code, and include the
following minimum sizes: one gallon around cover, five gallon shrubs: 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 maturespread); 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 ifthe property has equal to or
greater than eighty acres of existing native vegetation.
c. The minimum dimensions shall apply as set forth in 3.9.4.1.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 P'1
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 frees. 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 and 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
TAU/531109A
•
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.
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 names 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 managershall be responsible for
annual maintenance of the preserve,in perpetuity. 'The Preserve Manager must have
experience in native habitat protection/restoration, as identified 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 maybe 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 bums.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
the purpose 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
reserve 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 theprotected species section 3.11.3.1, . Fences and walls
are not permitted within the preserye area.
3.93.2 Inspections and maintenance. leted
A. .ections shall be re•uired for all •reserves. The •reserve areas shall be corn-
and aproved by inspections conducted in accordance with the following schedule:
1. Prior to preliminary acceptance of the phase of the required subdivision
itn_provemes•
n
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, Ei tv 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.
TA11531109.4
B. 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.
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 of3.9.7. formerly 3.9.5.5.6,
which were adopted on or after June 19,2003.
Sec, 3.9.64, Vegetation feree...al;pProtection and-preseratieaRemoval a tandards.
3.9.3:8 1. Vegetation protection Standards.
3,9.5.1.A General. During construction, all reasonable steps necessary to prevent the
destruction or damaging of vegetation shallbe 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.)2„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.
3.9.8.1.5.D Protective barriers
1.Installation of protective barriers. 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,
TAL#5311094
division of forestry, State of Florida or other methods approved by the development
services director.,
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 bathers.
2 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,a11-weather mesh material or equaltype barrier method.An equivalent
method may be substituted with the approval of the development services
director.
4-4.Protection of individual trees. When the retention of single trees is required by
this Code, a protective bather,similar to that required in[section] 3.9.5.1.5.3,
shall be placed around the tree ata 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.
3.9.3:x2. Criteria for Removal and/or Replacement of Protected Vegetation.
A Standards: The development services director may approve an application for vegetation
removal permit ` . if it is determined that reasonable efforts have
been undertaken in the layout and design of the proposed development to preserve existing
vegetation and to otherwise enhance the
aesthetic appearance of the development by the
incorporation of existing vegetation in the design process.Relocation or replacement of
vegetation may be required as a condition to the issuance of an approval in accordance with
permit maybe issued
vegetation removal
addition,
a
the criteria set forth in this division.In a
under the following conditions: pedestrian edestriaa or vehicular traffic,public
� 1.Protected vegetation is a safety hazard
services,utilities,or to an existing structure.
32.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.
3A).54:3.A final local development order has been issued which requires removal of the
protected vegetation.
3-9-54-4 Compliance with other codes and/or ordinances may involve protected.
vegetation removal. : . _.. . - • :
cso •
TA /531109A
3.9.5.26 5. - . Replacement of
nonnative vegetation shall be with native vegetation.
and shall be subject to the approval of the development services director or his/her
designee. .. _ _ _ . . . _ . _ . . .... _ _ = - ::_ :
•
•
•
Replacement vegetation shall comply with
the standards of Section 2.4.4 and shall include the following minimum sizes: one
gallonn around cover,five gallon shrubs: 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.
3.9.5.2.7.8 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.
3.9.5.2.8.1 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, 17-321.100,17321.801, 17-321.802,.
or 17-321.803 as maybe amended.
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 informatigi
as required by the development services director.
3 9-54 8 3 Management Plan and Inspections.
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 whichthe 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.
TAL#531109A
• 1 .4.The maintenance schedule for the removal of debris.
&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.
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 pfeseFvatien standards set forth in section
3.9.8.5 below.
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3.9.9• Requirement for Removal of Prohibited Exotic Vegetation.
TAL#531109.4
3 9 91.Gener .
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
c fore Aim= —
1. From all rights-of-way, common area tracts not proposed for development, and
easements prior to preliminary acceptance of the phase otllte requirement subdivision
improvements.
2. From each phase of a site development_plan prior to the issuance of the certificant of
occupancv for that phase.
3. From all_golf course fairways.noughts. and adjacent open space/natural preserve
areas prio to the issuance of a certificate of occupancy for the first permitted structure
associated with the golf course facility.
4. FrompronertV 1 ronosina any enlargement of existing interior floor space,paved
parking area,or substantial site improvement prior to the issuance of a certificant 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,,ropertv 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.
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. A nlicabili If 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 maior additions to principal or accessory
structures on single-family or two-family lots. The removal of prohibited exotic vegetation
shall be required in .mss 3etuity.Upon issuance of a vegetation removal permit,prohibited
41101b
TAL#5311.09A
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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 of a
building permit.
3.9.10.Required Permits and Notices
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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:.
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,horticulturist,
landscape architect.or certified nurseryman.
TAL/531109.4
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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 Lcafror of proposed structure8,lI1 QcNre-spd-alteratio
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,
p. Description of any proposed alteration of mangroves.
L Description of any proposed maintenance trimming of mangroves.
3. An executed statement which includes:
a. Name, address, and phone of property owner. •
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. tTh
g. Signature of property owner or copy of a specific contract signed by property
owner.
( 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,
- _ . : ... .. .. _ _ _. ... _ is :y approve or deny an
application.An approved vegetation removal permit is valid for a period not to
exceed 180 days Mangrove alteration permits shall be
valid for a period of five years.from date of issuance,or date of issuance by the
Florida dDepartment of eEnvironmental protection.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 end-fes
.. . _ . _ .. _ . . : . ... .. .. . .. ... ......, _ _. 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
379:1-073.Permit fees. All vegetation removal and agricultural clearing permit
applications requiring review and approval shall be charged a review fee Bless
TAL#531109A
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. i - • _ as established by resolution of the
bBoard of eQounty eConimissioners.
319:4474 1).Vegetation Removal Permit Exceptions •
3;q-101-2—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),villa8e
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
(4) a.A building permit has been issued for the permitted principalstructure(the
building permit serves as the clearing permit),or
(2)b.The permitted principal structure has been constructed,and the property owner
g
or
authorized agent is conducting the removal,and the total area that will be
. .
cleared on site does not exceed one acre.
•
3794.0.4 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;94.044 3.A vegetation removal permit is not required for the removal of protected
vegetation from the property of a Florida licensed tree
TAL,1It531109A
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.
3.9.10.1.6.4.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
&wettish swath that is less than three feet in width.
-- ---- _.— - &la fsv f/11111111,Vr..•z_i.I C 7,1". R!'TTll7TS Tf7 TS .. _ : _a.7_T"! I CT ra r♦1••••ET!'_!T'!=5v
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3.9.10.4.971 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.
3.9.64:10 Agricultural land clearing.
A. Land Clearing Permit A permit for clearing of agriculturally zonedland for bene-fide
agricultural uses that do not fall within the scope of sections 163.3214(41 or 823.14(6\
Florida Statues, ,shall be required for all agricultural operations
except as exempted by 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:
(4_}aIf 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 may be simultaneously
reviewed with the agricultural clearing permit application.
(2) b.The application, including generalized vegetation inventory and clearing plan
as outlined in section°3.9.4.2.1,3.9.1.2.2 and 3.9.1.2.3, 39.10.1.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.
da*
TA1#531109.4
(3) 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.Theapplicant has obtained and produced a copy of the South Florida Water
Management District surface water management permit or exemption,if required
by SFWMD.
hcant.has obtained-.and produced a co y. of the United States Army _
Coips 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 73 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.
(7) 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 agri•
cultural 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
mon 3
�.; remainder of the ten-year period required by sem965(8)h below.Ifthe
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 sCommissioners 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 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.
379:1-172.Determination of completeness.
& 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.
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
TAL9531109 4
permit or exemption,for a SFWIV D surface water management permit or
exemption,or fer an ACOE permit or exemption,es-epplieable, 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.
ap
3.9.6.5.3. Criteria for review of application. Review of the application for an agricultural
clearing permit shall commence upon issuanee-ef the determination of completeness
or modified determination of completeness
A- - ' ' - .
.The following criteria shall be utilized by
staff in reviewing an application for issuance of an agricultural clearing permit:.
2:a.An on-site inspection has been made by staff if indicated.
fib.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 'Th
be amended from time to time.
c. Additional data and or information required by the eeounty to address
environmental impacts shall be submitted by the applicant
• - . : . . : _ . :- . . . _
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: - - • _ .. _ - _ _ _ • - .. : _ _. ..: : . _•
• - - _ _- _ . . .. .. _ NI A .- _• _ 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 'Th
existing permit and providing that the property has been actively engaged in a bona
lset •
TAL#531109.4
1
fide agricultural activity :: : :.: : "
cede. 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.
Exemptions for agricultural clearing permit
4,a. 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 dateof 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.
2:b. Upon issuance of an agricultural clearing[permit] or as exempted above,
activities necessary for the ongoing bona fide agricultural use and 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.
3; c.No agricultural clearing permit shall be required for protectedvegetation
kaown as acts of
dead,dying or damaged beyond saving due to natural causes
God providingrop vided that' within two
The development services director is.notified in writing
business days prior to such removal and the county makes no objection within
said two business days;
,} 2 The tree is not a specimen tree; be preserved as a result of
ea The vegetation is not within an area required
a required preservation,mitigation or restoration program;
fbill The parcel is currently engaged in bona Me agriculture,as defined by this
Code.
8n
No required for the removal of any
agricultural clearing permit shall be
e:�51.
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 Clearinl Notice. No later than 60 da
•rior ve l etation removal as .art .
ay 'cultural • ,erations that fall within the sco•e of sections 163.3214 4 or 823.1. .
/cam
T, S31109.4
I
Florida Statutes,the property owner shall provide notice to the environmental services P'1
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 both the conversion
from agricultural uses and the creation of TDR Credits.
3:9:66,
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TAL#531109.4
2,2A1Enforcement
3.9A8 Penaltyi .
1.A. Fin
The failure of a property owner or any other person to obtain an approved agFieuleleafietural
g permit as required in this Division shall constitute a
misdemeanor and each protected living,woody plant,constituting protective
vegetation,rem
owed 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 enioin the removal of vegetation in violation of this Code.
2. The failure of a property owner or any other persona who obtains an agricultural
clearing_permit or provides notice of agricultural clearing-pursuant to Section
_ 02•to put the subject premises into a bona fide agricultural use�a
TALI531109A
sectio shall constitute a misdemeanor
and each protected living,
woody plant,constituting protective vegetation,removed in violation of this Code
shall constitute a separate and distinct offense and upon conviction shall be punished
by a fine not to exceed$500.00 per violation or by imprisonment in the county jail
not to exceed 60 days,or by both such fine and imprisonment. In addition to or in lieu
of the penalties provided by general law for violation of ordinances,the board of
county commissioners may bring injunctive action to enjoin the removal of
vegetation in violation of this Code.
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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)1,, 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.
e.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
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) at shall be at the discretion of the development services director to allow for any
deviation from the above specified ratio.
(132 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
TAI1531109A
fer)3,The 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
species
. .- the FLUCCS code.The exact number and type ofat the discretion of
required may also be based
upon the existing indigenous vegetation on adjacentthe. property
the development services director. logy, ground
())j c If the unlawful removal of trees has caused any mound elevoe in hydrolog or surface
elevations or surface water flows,then the'hydrology,gra
onwater flows shall be restored to pre-violation conditions.
f E}A, In the event of impending development on property where protected trees were
unlawfully removed,the restoration plan shall indicate thfore location
of
the
elopment:
replacement stock consistent with any approved plans
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
he development services director may,at his discretion,allow the replacement
(FAstock to be planted off-site wheredevelopment displaces areas to be
impending 'on lands under the control a
restored.In such situations,off-site plantings shall b
Public land and/or agency.The off-site location shall be subject to the approval of the
development services director..:
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 toor greater than the total sum it would cost to restore tats • iarea nto be
which the violation occurred. (Preservation of differentcontiguous
encouraged.)
3.9.6:9:112. Corrective measures for environmental violations.
A Maa—
1• The person(s)responsible for violations of the environmental sections of the Land
Development Code shall be notified according to section 1.90 alv�have
a e 30 d•ys
to prepare a mitigation plan that is acceptable to the county
The mitigation plan shall be submitted to development services staff forreview
d
d
comment. Once the plan is accepted by development services,theresponsible party
the mitigation unless other arrangements are specified
shall have 15 days to complete
and agreed upon in the mitigation plan. demonstrates
2 Mitigation shall restore the area disturbed unless the responsible party mitigated for.Off-'
that off-site mitigation will successfully offset the oimpacts public8 agency,or identified for
Off-
site mitigation shall be on lands under the control
public acquisition,or on lands protected from future dedel tthree to o e for(wetlands•
or off-site
mitigation shall be as follows: two to one foruplands
3. The selection of plants to be used shall be based on the characteristics code. e exactof the Florida
Land Use,Covers and Forms Classification System�' on the existing indigenous
number and type of species required may vary depending
vegetation found at the site.
(aief
TALS531109.4
4. If only trees were removed and the understory vegetation was not disturbed,then . '1
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. '1
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.g Site specific review criteria.
1. All plants used for mitigation shall be native Florida species.
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..
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TAL#531109A
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 39641)in the mitigation
area shall be required.
3-969-3-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
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. unless
2. Eighty percent survival by species shall be required for a five-year period
other arrangements are specified and agreed upon in the mitigation plan.Replanting
shall be required each year if the mortality exceeds 20 percent of thetotal number of
each species in the mitigation plan.
'"", 3. The soil andhydrological conditions for some mitigation areas may favor some of the
plants and preclude other&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 mitigation areas and each case will be
evaluated individually,based on the supported[supporting] data submitted by the
mitigator.
3,9,6.9...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 mitigateforfhe forviolation according to sections 3.9.132.3.9.6.9 3.9.6.9.4 including consulting
design,and monitoring,installation costs,vegetation costs,earth moving costs,irrigation
costs,replanting and exotic removal.
3.9.x: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:.
TAL#531109A
3.9.813.1. The suspension is fora defined period of time not to exceed 30 days oras otherwise
set by the board of county commissioners.
3.9.5:13.2. The vegetation removal is necessitated by disaster related damage.
3.9.813.3. The suspension is not applicable to vegetation within habitats containing listed
species(as regulated in division 3.11).
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TALa531109 4 ��
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TAB M •
. . . � 3.11 - . . ._
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LISTED SPECIES
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• TALC 531110.1 10/20/03
10/16103 DRAFT
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 FOR SINGLE FAMILY.LOTS
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."
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.
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TAL#53111'0.1 --10/20/03
3.11.13. 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.
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
all development within the NBMO, except as specifically provided in Section 2.2.31,
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n •11 2 -and Management Plana
3.11.2.1.Exemption. Single-family lots that are not part of a previously approved subdivision or
SDP shall not beuire
reqd to prepare an EIS or a mana gementPlan. be
3.11.42.2 EIS: The EIS required by Section 3.8.6 shall include a wildlife survey shall
required for all_parcels when listed species are known toinhabitb biologicalerved on the comunitsite. es
s
similar to those existing on site or where listed species are directly
serv_Y e shall be conducted in accordance'with the requirements o the
e Service(USFWS)Fish
and
WiWildlife Conservation Commission(FFWCC) and U.S. Fish and Wil
guidelines. The County shall notify the FFWCC and USFWS of the existence of any listed
species thatmaybe discovered. ' .. .. : 2 ••
- -_, .... - - -� - - • •- .. __ ed below the eCounty shall consider
eeseem. In addition to the ecific standards identifi _
and may utilize recommendations and letters of technical assistance of the FFWCC, and
commendations and guidelines of the USFWS, in issuing development orders on property
containing endangered and threatened species and species of special concern. Such plans
shall comply with current federal,state and local ordinances and policies.
3.11.2.3 Mana neat P
A. General R:.uirements. A wildlife mana:ement .lan shall be _a uired for all .ro'ects
where the wildlife survey indicates listed species are utilizing the sitplans
shall
• describe how the project directs incompatible land uses away from listed
TAL#531110.1 10/20/03
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 (Gonherus volvvhemus)
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. All developments shall be clustered to discourage impacts to listed species habitats.
B. Open space and vegetationpreservation 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 roadwarossings, underpasses, and signage shall be used where roads must
cross wildlife corridors.
E. When listed'species are directly observed on site or indicated by evidence, such as
denninig. 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.
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TAL#531110.1 10/20/03
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3.11.3.3 Species Specific Requirements. b: _ -- ~ ry _ • _ ...
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- - • -_ • _. ,- _ z*: __•_ . For those species for which
management and protection guidelines.have been adopted, any site orosprj V ariattons
mana specific
ement and protection Man shall adhere to the adopted federal _guidelines.
and site or project specific conditions deemed to be appropriate and prudent to the species'
mana_ement and .rotection and identified in writin as .art of the recommendations or
letters of technical assistance from the FFWCC and recommendations from the USFWS
shall be deemed to be consistent with the the provisions of this section eforth in Endangered,
othe of
T ate, or Listed Species protection objectives and polices s�
Cour 's growth management plan. The following specific species management and
protection plans shall be applicable, in addition to those required by 3.11.2.2.:
371 A Gopher Tortoise(Gopherus polyphemus).
(1)- 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 functions and values of their
natural habitat,unless otherwise provided for in this section.
E2J 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.
3e provision is hereby made to allow personnel authorized by relocateFloridaFilh and tortoises asWildlife I
Conservation Commission or Collier County to house and
necessary and provided for in this section.
(4..)-When gopher tortoises are identified on site, •
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TAL#531 110.1 10/20/03
. _ _ _ .- . . ., .. ,. __.. • - the protection/management plan
shall include,but not be limited to the following items:
a current gopher tortoise survey, which shall be field-verified by planning
staff
— - — services
20,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;
40. the method of relocation if necessary;
S) the proposed supplemental plantings if needed;
6)L a detail of the gopher tortoise preserve fencing;
an maintenance plan describing exotic removal and
in-the-fetwe 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 3.9.3:4 of this Code.
(5j-Suitable habitat shall be defined as having the following characteristics:
4§,,the presence of well-drained,sandy soils,which allow easy burrowing for gopher
tortoises;
2)b appropriate herbaceous ground cover (if not present,supplemental food sources
shall be planted},;
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.
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:
as)Where suitable habitat does not exist on-site;or,
b3 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,
c3 Where scientific data has been presented to the community development I
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.
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TAI#531110.1 .101201/03 (/
O 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
3.9.32. 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.
iIt 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.
(8)1Q, 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 pg
services staff
(9)jj Exemptions: Single family platted lots,seven and one-half acres or less in
n . size, shall be exempt from the requirements set forth in subsestief
3.11.3.1(4) 4 through 10 above; when these lots are nota part of a
previous development which has been required to comply with oubseetion
3.11.3.1(4) 4 through 10. However, gopher tortoises shall be protected
pursuant to pareiraphs 1,2 and 3 abov
B. Florida Scrub Jay. Habitat preservation for the Florida scrub Report locoma
No8
coerulescens) shall conform to the _guidelines contained in Technical
Florida Game and Fresh Water Fish Commission. 1991. The required management plan
shall also provide for a maintenance program and specifv an appropriate fire or
mechanical protocols to maintain the natural scrub community. The Dian 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
IJFWS South Florida Multi-Species Recovery Plan.May 1999.
C. Bald Eagle. For the bald eagle (Haliaeetus leucocephalus). the reauired 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 nestin 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 (Pic idpes acts m active). the
required habitat protection plan shall outline measures to avoid
clusters and to minimize impacts to foraging habitat. Where adverse effects can not be
1 � =
TAL#531110.1 10/20003 /
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 elan shall also identify
methods to inform local residentsof 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 elan shall discourage the destruction of undisturbed, native habitats that are
preferred by the Florida panther(Felis concolor corinl 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.e.. 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 t•-•
Florida Multi-Species Recovery Plan, Mav 1999. and with the provisons set forth in this
section.,
G. West Indian Manatee. The management and protection clans 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 3.14. .
Sec. 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.
(-77
TAL#531110.1 10/20/03
TAB N
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6.2 ABBRE V IA TI7
ONS MN.NN..•M..N..N....N.N.NNN.•two.NNNN.NN..NN•N...NNNNNN.NNN.NMN.N/
' SIS.N......•.N.NN...NNN.N.N.N...NN....NQNN...N..-N.N..N.N.. . .NN..N....N.NN..N.....NN.....N. .0
NBMON.N....NNN......N...NN...NNN......NN.NN.N....N..N.N.N..NNN.NNN..NNN.....NN.NNN...NMN.
NRP• A.N.N...N..N••N.NNN..NNNN..MMIC._..N......NNN...NN..•••••••NN.NNN.NN.N...N.NN.N.NN.NN..N.M.N
•
. RPMU.NN.N.N.N..NNN.NN..N...N.NN....NNN.N.N.N..NNNNNNNNN..N..N...1N..N..NN.N.....NN.N.
RLSA•.........N...NN..............NNNNNN.N.NN.NN.NNNNNN.N.NN..........N..N.NNNN..N..NNN..NMMN2•
•
.. TDR......N.•.•.N.NN... NN.....,...N N.NNNN.N.N.N•••....NNNN•.N...NNNNN•.NN.N.NN•N.NNNZ •
.
. 6.3 DEFINITIONS•••••••••••••••••••••••••••••00000•000•••• ...............................................2
•
ADTL1 R`E Ac 1 s NNN..NNNNNNN...N..N.N.. ........N..N.NN......NN...N...N.N.N.N.....N..NN ..
BONUSCREDIT..N..N.N..N.N..N.NN.NNN..N. ... ...N..NN...NN..NNN.NN....NNN.N.N..NNN.N
CLUSTER DEVELOPMENT
E " LOPMENT....................................................
•••.NNNNN....NNN.s..••. .N....N.NNNNN.... .N.NN NN.N..
. 'VON DISTRICT.............................•
N ....NN..N......N.N.N..N....N..NNNN.NNN...N..N......•.NN•....NNNNN..NNNNN
• DENSITY BLENDING NN.•NNN....N.NNN.N.NN.NNNNNN..N.N.N..•••.•••••N.N.N.•••NN•.NNNNNN•N.V '
DEVELOPMENT AND PRODUCTION,OIL AND GAS FIELD........ ..... NN...3 .
ENVIRONMENTAL IMPACT STATEMENT.....N..NN..N..NNNN...N...•..NN. .•.•4
•
ESSENTIALSERVICES•••••••NNNN•NN•••N••••NN•••• • NN.NNN•..NNNNN.NN•.NNN..NN.
• ERPLORATION,OIL AND GAS....N.•..N.N...N. ••••••••••••••••••'•••••••••••••••••••••••••••••••••••••••••A...•
FLO •'AYNN.N.N...NN..NN.NN•N.NNNN.NN.....NN N. NMo•N•N.NNN.•N••NN•NN•••••3
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GREENSELTN.N..NNNNNNN.N.NNNNNN.N•N•...NNNN.NNN••.NNNN...N..N...N ...NNNN•N.NNNN
HOUSING,AFFORDABLE••NNN.NN.•. ..N....NNNN.NN................NNN.NN.N.N.NNN.NN
HOUSING,WORKFORCEN.N.••N.•N•N..•NN.NNN..•••.••
•.N•NN•N.N.•NN•N.N.NN.NNNNS
•
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• NATURAL RESERVATION NNNNNN...N....N...NNNN....NNN.NNNNNNN.NNN...N.NN...N..N.N.N6
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• NBMO ...N.N.NNN.NN.N.N:NN...NN..N..N..NN....N.:NN.N»»N.,NN.N»0NN».N.»N.NNNN.6•
•
NEIGHBORHOODCENTER.....NN..N.NNN.NMN..NIN..N.N.NNN..N.NNNNN...Nl..N....N..N.NNN7 •
NEUTRALLANDS N.N.NN..N•N.N.N•.N.NNN•.N.N•.NN.. .N•N..N • MN�7
• OIL EXTRACTION AND RELATED PROCESSING •
OPEN SPACE »NN.NNN..N.NNN.7
OPENSPACE, COMMON..N...N.NN.NNN.NNN.NNN.N....NNN. .NN.NNNN...N.7
•
•
OPENSPACE,USABLE..».»NN......N»N....N:NNN...NMNNN.»NN....«.N. m..: :«8
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•
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•
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RFMUSENDINGLANDS ...N..N.NN.NNNN..NNNN..N.NN.N.NNNN.N..NN..NN...NNN.N.N..NNY `
RURALVILLAGE.N.NNN.NN.......NNNN...NN.NNN..N.......N..N.M..NNNNN.NNN..N.NN.NNN...NNNY
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•
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VEGETATION,CATEGORY II INVASIVE EXOTICN. NNNNNNNM.NNMM.I •
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TAi531098.7 . • - . .
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•
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TAL#531098.7
The Following Definitions are either new or existing (in LDC) and proposed to be
amended, and will be located either in Division 6.3 of the LDC or,in some cases, within
the applicable specific section of the LDC.
Rural Village: A form of development within RFMU Receiving Lands . .
that includes the following mixture uses: residential
housing types: institutional uses: commercial uses: and,
recreational uses and comprised of several neighborhoods
designed in a compact nature such that a maiority of
residential development within comfortable walking
distance to the Neighborhood Centers. fsec.2.2.2%.2.B1
Village Center: A distinct area within a Rural Village that serves as the
primary location for commercial uses, including retail and
office, and of civic. and government uses.
Neighborhood Center: A centrally located area within a neighorhood of a Rural
Village that may include small-scale service retail and
office uses and shall include a public park. sauare,or green.
RFMU District Rural Fringe Mixed Use District. The area generally
depicted on the Future Land Use Man and specifically
depicted on the Official Zoning Atlas as the Rural Fringe
Mixed Use District, which generally a transition between
the Urban and Estates Designated lands and between the
Urban and Agricultural/Rural and Conservation designated
lands farther to the east. f sec.2.2.2%1
RFMU Receiving Lands: Lands located within the RFMU District that are generally
depicted on the Future Land Use Map. and more
specifically depicted on the Official Zoning Atlas. as
Receiving Lands. [sec. 2.2.2'/x.21
RFMU Sending Lands: Lands located within the RFMU District that are generally
depiected located on the Future Land Use Map, and more
specifically depicted on the Official Zoning Atlas. as
Sending Lands. [sec.2.2.2%.4]
Neutral Lands: Lands located within the RFMU District that are generally
depiected located on the Future Land Use Man, and more.
specifically depicted on the Official Zoning Atlas. as
Neutral Lands. [sec.2.2.2V2.3]
et
TAL 531469 2
Greenbelt:
A required buffer and open space area surrounding a Rural.
Village. [sec.2.2.2Y2.2.B.4.e] ..
CON District:
Lands that are generally depicted on the Future Land Use
Map, and more specifically depicted on the Official Zones
• „- Atlas.as Conservation. f sec.2.2.171
•
NBMO: Lands located within the RFMU District that are generally
depicted on the Future Land Use Map, and more
specifically depicted on the Official Zoning Atlas. as the
North Belle Meade Overlay. f sec.22.311 :.
"EI • §
document or documents that provide an objective
evaluation of the impacts of a proposed development or
other alteration of the existing natural conditions on the
natural resources and environmental quality and the habitat
value for listed species of the subiect parcel or parcels of
land and on adjacent or neighboring properties.
Density Blending: the dispersment of the gross density or intensity allowable
on a parcel or parcels throughout those parcels.
Cluster Development: A design technique allowed within residential zonin
districts or where residential
development is an allowable use. This form of
development employs a more compact arrangement of
dwelling units by allowing for, or requiring as the case
may be., reductions in the standard or typical lot size and
yard requirements of the applicable zoning district,with-the
- -requireme -- - in order to: increase common
open space: reduce the overall development area: reduce
alterations and impacts to natural resources on the site: to
preserve additional native vegetation and habitat areas: and,
to reduce the cost of providing services, including but not
limited to central sewer and water.
Transfer of Development Rights:the transfer of development rights from one parcel to
another parcel in a manner that allows an increase in the
density or intensity of development on the receiving
property with a corresponding decrease in the remaining
development rights on the sending property.
rO , _ .
TAL#531469.3
TDR Credit: a unit representing the right to increase the density or P
intensity of development on a parcel,obtained through a
Transfer of Development Rights. f sec.2.6.391
Bonus Credit a unit representing the right to increase the density or
intensity of development.within a Rural Village : as
extent equal to that achieved through TDR Credits. up to
the minimum required density f sec.2.2.2%.2:B.3.b1
Native Vegetations Native vegetation means Nnative sSouthem Floridian
species as determined by accepted valid scientific
references r(See identified in section 2,4.4,)-Where this
code refers to,or requires retention of.existing native
vegetation,the term native vegetation is further defined as a
vegetative community having 75%or less canopy coverage
of melaleuca or other invasiveexotic plant species.
Natural reservation: The term natural reservation refers to large areas set aside
for natural resource protection— conservation and
preservation and includes: only Natural Resource
Protection Areas (NRPAsl: and, lands designated
Conservation on the Collier County Future Land Use Map,
including but not limited to.Everglades National Park..Big
Cypress National Preserves Florida Panther National
Wildlife Refuge. Fakahatchee Strand State Preserve,
Collier-Seminole State Park, Rookery. Bay National.
Estuarine Research Reserve, Delnor-Wiggins Pass State
Recreation 'Area, and the National Audubon Society's
Corkscrew Swamp Sanctuary.
Wetlands:
. . . Wetlands are defined as set forth in
Section 373.019 Florida Statutes. The terms 'Wetlands"
and "Jurisdictional Wetlands." as used in this.Code. shall
be synonymous.
Wetland Function: ' a Quantitative and Qualitative measure of the degree to
which 'a jurisdictional wetland provides hydrologic and
habitat or other benefits for listed species, measured using
the Unified Wetland Mitigation Assessment Method,
F.A.C. Chapter 62-345.
Essential*Services: Essential Services are those services and facilities.designed
and-eperated including utilities, safety services, and other
• l $ �
TAU/531469.2
government services, necessary to promote and protect
public health. safety and welfare, including but not limited
to the following: polices, fire, emergency medical, public
park and public library facilities; and all services designed
and operated to provide:water, sewer, gas, telephone,
electricity, cable television or communications to the
general public by providerswhich have been approved and
authorized according to laws having appropriate
jurisdiction, and governmental facilities. - e-paid
seetien 94
Open Space:
•
Areas that are not occupied by
buildings. parking areas, streets, driveways or loading
areas which may be ectuimed or developed with amenities
designed to encourage the use and eniovment of the space
either privately or by the general public. Examples of
open space include: areas of preserved indigenous native {'
vegetation: areas replanted with vegetation after
construction: lawns, landscaped areas and greenways:
outdoor recreational facilities: and. plazas. atriums,
courtyards and other similar public spaces.
Open Space,Common: Common Open Space means those areas within or related.
to a development, not in individually owned lots ec
, but ieh-is designed and
intended to be accessible to. and for the common use or
enjoyment of, the residents of the development, or the
general public.
Open Space,Usable: Usable Open Space means Active or passive recreation
areas such as playgrounds, tennis courts, golf courses,
beach frontage, waterways, lagoons, floodplains, nature
trails and other similar open spaces. Usable Open space
areas shall also include those portions of areas set aside
for preservation of native vegetation end or:landscape
areas which are accessible to and usable by residents of
the development, or the general public. Open water area
beyond the perimeter of the site, street rights-of-way,
driveways, off-street parking areas, and off-street loading
TAUK531469 2
ORIGIN: Rural Fringe GMP Amendments Establishing Rural Fringe
AUTHORS: Nancy Linnan, Esquire, Carlton Fields
Marti Chumbler, Esquire, Carlton Fields
Robert Mulhere, AICP, RWA, Inc.
William Lorenz, P.E.
Stan Litsinger, AICP
Other Members of County Staff
DEPARTMENT: Consultants to Collier County and Collier County staff from
Environmental Services and from Planning.
LDC PAGE(S): Various as identified on Table of Contents
LDC SECTION: Various as identified on Table of Contents, including:
TAB A: Creation of Section 2.2.2'/4. RURAL FRINGE MIXED-USE DISTRICT
(RFMU DISTRICT);
TAB B: Amendments to Section 2.2.17 CONSERVATION DISTRICT;
TAB C: Creation of Section 2.2.27. RLSA DISTRICT: NEW DEFINITIONS,
DESIGN STANDARDS, &BASELINE STANDARDS.
TAB D: Creation of Section 2.2.30 NRPA OVERLAY;
TAB E.• Creation of Section 2.2.31 NBM OVERLAY;
TAB F: Amendments to Section 2.6.9 ESSENTIAL SERVICES;
TAB G: Amendments to Section 2.6.35 COMMUNICATIONS TOWERS;
TAB H: Amendments to Section 3.5.11 LITTORAL SHELF PLANTING AREA;
TAB I: Amendments to Section 2.6.39 TRANSFER OF DEVELOPMENT
RIGHTS;
TAB J: Creation of Section 2.6.40 DENSITY BLENDING;
TAB K: Amendments to Section 3.8 ENVIRONMENTAL IMPACT
STATEMENTS (EIS);
TAB L: Amendments to Section 3.9.VEGETATION REMOVAL, PROTECTION
AND PRESERVATION;
TAB M: Amendments to Section DIVISION 3.11. ENDANGERED,
THREATENED OR LISTED SPECIES PROTECTION;
TAB N: Amendments to DIVISINS 6.3 DEFINITIONS
CHANGE: Amendments to the LDC in Order to implement the Rural Lands
Assessments based Goals, Objectives and Policies.
REASON: Required by BCC Adoption Rural Lands Assessments based Goals,
Objectives and Policies (and as a result of their being effective).
FISCAL & OPERATIONAL IMPACTS: Approval of these amendments will have no
fiscal or operation impact on the county. From the private property owner perspective
however, these amendments will provide for the implementation of the Rural Assessment
TAL#531620.1
basesd comprehensive plan goals, objectives and policies, allowing property owners to
move forward with development activities as authorized. For the most part, this area has
been subject to a building moratorium for the past 3 plus years. By adopting these
implementing land development regulations (LDRs) the County will be creating a
process whereby development consistent with these provisions can once again resume.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: These LDC amendments will provide for
the implementation for the Rural Fringe Comprehensive Plan Goals Polices and
Objectives.
TAL#531620.1
TABLE OF CONTENTS
TAB A RFMU DISTRICT
TAB B CONSERVATION DISTRICT
TAB C RLSA DISTRICT
• DESIGN STANDARDS
• BASELINE STANDARDS
TAB D NRPA OVERLAY
TAB E NBMO
TAB F ESSENTIAL SERVICES
TAB G COMMUNICATIONS TOWERS
TAB H LITTORAL SHELF PLANTING AREA
TAB I TDRS
TAB J DENSITY BLENDING
TAB K EIS
TAB L VEGETATION RETENTION, ETC
TAB M LISTED SPECIES PROTECTION
TAB N ABBREVIATIONS & DEFINITIONS
TAL#531098.7
TAB A
2.2.2%2. RURAL FRINGE MIXED-USE DISTRICT (RFMU DISTRICT)
2.2.2%2.1 PURPOSE AND SCOPE
A. APPLICABILITY
B. EXEMPTONS
2.2.2.%2.2 RFMU RECEIVING LANDS
A. OUTSIDE RURAL VILLAGES
1. NBMO EXEMPTION
2. MAXIMUM DENSITY
a. BASE DENSITY
b. ADDITIONAL DENSITY
(1) TDRS
(a) CLUSTERING REQUIRED
(b) MINIMUM PROJECT SIZE
(c) EMERGENCY PREPAREDNESS
(2) ADDITIONAL DENSITY
3. ALLOWABLE USES
a. USES PERMITTED AS OF RIGHT
b. ACCESSORY USES
c. CONDITIONAL USES
4. DESIGN STANDARDS
a. FOR DEVELOPMENT NOT CLUSTERED
(1) MINIMUM LOT AREA
(2) MINIMUM LOT WIDTH
(3) MINIMUM YARD REQUIREMENTS
b. FOR CLUSTERED DEVELOPMENT
(1) LOT AREAS AND WIDTHS
(a) SINGLE-FAMILY
(b) MULTI-FAMILY
(2) MINIMUM YARD REQUIREMENTS
(a) SINGLE FAMILY
(b) MULTI-FAMILY
(3) HEIGHT LIMITATIONS
(a) PRINCIPAL STRUCTURES
(b) ACCESSORY STRUCTURES
(4) MINIMUM FLOOR SPACE
e. PARKING
f. LANDSCAPING
g. SIGNS
5. NATIVE VEGETATION RETENTION
6. USABLE OPEN SPACE
B. RURAL VILLAGES
1. ALLOWABLE USES
2. MIX OF NEIGHBORHOOD TYPES
TAL#531098.7
a. ALLOCATION OF LAND USES
b. ACREAGE LIMITATIONS
3. DENSITY
a. BASE DENSITY
b. MINIMUM DENSITY
c. MAXIMUM DENSITY
4. OTHER DESIGN STANDARDS
a. TRANSPORTATION SYSTEM
b. LOCATIONAL RESTRICTIONS
c. SIZE
d. ADDITIONAL VILLAGE CRITERIA
5. NATIVE VEGETATION
6. GREENBELT
7. OPEN SPACE
8. PROCESS FOR APPROVAL OF A RURAL VILLAGE
a. EIS
b. DEMONSTRATION OF FISCAL NEUTRALITY
2.2.2%2.3. NEUTRAL LANDS
A. ALLOWABLE USES
1. USES PERMITTED AS OF RIGHT
2. ACCESSORY USES
3. CONDITIONAL USES
B. DENSITY
1. MAXIMUM GROSS DENSITY
2. RESIDENTIAL CLUSTERING
C. DIMENSIONAL AND DESIGN STANDARDS
1. SINGLE-FAMILY DEVELOPMENT NOT UTILIZING
CLUSTERING
a. MINIMUM LOT AREA
b. MINIMUM LOT WIDTH
c. MINIMUM YARD REQUIREMENTS
2. SINGLE-FAMILY DEVELOPMENT UTILIZING CLUSTERING
a. MINIMUM LOT AREA
b. MAXIMUM LOT AREA
c. MINIMUM LOT WIDTH
d. MAXIMUM LOT WIDTH
3. HEIGHT LIMITATIONS
4. FLOOR AREA
5. PARKING
6. LANDSCAPING
7. SIGNS
D. NATIVE VEGETATION RETENTION
E. USABLE OPEN SPACE
2.2.2%2.4. RFMU SENDING LANDS
TAL#531098.7
A. ALLOWABLE USES WHERE TDR CREDITS HAVE NOT BEEN
SEVERED
1. USES PERMITTED AS OF RIGHT
2. ACCESSORY USES
3. CONDITIONAL USES
B. ALLOWABLE USES WHERE TDR CREDITS HAVE BEEN SEVERED
1. USES PERMITTED AS OF RIGHT
2. CONDITIONAL USES
C. DENSITY
D. NATIVE VEGETATION
E. OTHER DESIGN STANDARDS
1. LOT AREA AND WIDTH
2. PARKING
3. LANDSCAPING
4. SIGNS
TAL#531098.7
TAB B
SECTION 2.2.17 CONSERVATION DISTRICT
2.2.17 CONSERVATION DISTRICT
2.2.17.1 PURPOSE AND INTENT
2.2.17.2 ALLOWABLE USES
A. PERMITTED USES
B. USES ACCESSORY TO PERMITTED USES
C. CONDITIONAL USES
2.2.17.3 DESIGN CRITERIA
A. DIMENSIONAL STANDARDS
1. MINIMUM LOT AREA
2. MINIMUM LOT WIDTH
3. MINIMUM YARD REQUIREMENTS
4. MAXIMUM HEIGHT
B. MAXIMUM DENSITY AND INTENSITY
1. SINGLE FAMILY DWELLINGS AND MOBILE HOMES
2. FAMILY CARE FACILITIES
�-. 3. GROUP CARE FACILITIES
4. SPORTING AND RECREATIONAL CAMPS
5. STAFF HOUSING
C. OFF-STREET PARKING
D. LANDSCAPING
E. SIGNS
TAL#531098.7
TAB C
2.2.27. RLSA DISTRICT: NEW DEFINITIONS, DESIGN STANDARDS, & BASELINE
STANDARDS
2.2.27.2.Definitions 7
2. Context Zones 8
15. Neighborhood Edge 8
16. Neighborhood General 8
17. Neighborhood Goods and Services Zones 8
27. Special District 8
35. Town Center 8
36. Town Core 9
38. Village Center 9
2.2.27.10.SRA Designation 8
J. Design Criteria 8
2. Town Design Criteria 8
a. General Design Criteria 8
b. Transportation Network 9
c. Open Space and Parks 9
d. Context Zones 9
(1) Town Core 9
(2) Town Center 13
(3) Neighborhood General 14
(4) Neighborhood Edge 17
(5) Special District 18
3. Village Design Criteria 18
a. General criteria 18
b. Buffers 19
c. Transportation Network 19
d. Open Space and Parks 19
e. Context Zones 19
(1) General 19
(2) Village Center 20
(3) Neighborhood General 22
(4) Neighborhood Edge 22
(5) Special District 22
4. Hamlet Design Criteria 22
a. General 22
b. Open spaces and parks 22
c. Context Zones 22
(1) Neighborhood General 22
(2) Neighborhood Edge 24
5. CRD Design Criteria 25
a. General 25
TAL#531098.7
b. Example 25
2.2.27.11.Baseline Standards 25
A. Purpose and Intent 25
B. Applicability of Code 25
C. Allowable Uses 25
D. Standards Applicable to FSAs,HSAs, and WRAs
Within the ACSC 26
E. Standards Applicable to FSAs,HSAs, and WRAs,
Outside the ACSC 26
F. Golf Course Standards 28
G. Standards Applicable in FSAs, HSAs, and WRAs that are
Outside of the ACSC 29
H. Standards Applicable to Wetlands Located
Outside FSAs,HSAs,WRAs, and the ACSC 30
TAL#531098.7
TAB D
2.2.30 NRPA OVERLAY
2.2.30.1 PURPOSE AND INTENT 2
A. NRPA OVERLAY AREAS 2
B. NRPA DESIGNATED AS SENDING LANDS WITHIN THE
RFMU DISTRICT 2
C. DEVELOPMENT STANDARDS 3
TAL#531098.7
TAB E
2.2.31 NORTH BELLE MEADE OVERLAY DISTRICT (NBMO)
2.2.31.1 PURPOSE AND INTENT 4
2.2.31.2 GENERAL LOCATION 4
2.2.31.3 APPLICABILITY 4
2.2.31.4 GENERAL PLANNING AND DESIGN CONSIDERATIONS 4
A. TRANSPORTATION 4
B. BUFFERING 5
C. GREENWAY 5
2.2.31.5 ADDITIONAL SPECIFIC AREA PROVISIONS 5
A. RECEIVING LANDS 5
B. NEUTRAL LANDS 7
TAL#531098.7
it
TAB F
2.6.9 ESSENTIAL SERVICES
2.6.9.1. PERMITTED ESSENTIAL SERVICES 2
A. PERMITTED ESSENTIAL SERVICES IN ALL
DISTRICTS EXCEPT CON DISTRICTS,RFMU
SENDING LANDS,NRPAS, HSAS,AND FSAS 2
B. PERMITTED ESSENTIAL SERVICES IN CON
DISTRICTS, RFMU SENDING LANDS, NRPAS, HSAS,
AND RSAS 3
C. ADDITIONAL PERMITTED ESSENTIAL SERVICES
IN COMMERCIAL AND INDUSTRIALLY ZONED
DISTRICTS 4
D. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN
AGRICULTURAL AND ESTATE ZONED DISTRICTS 4
E. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN
AGRICULTURAL ZONED DISTRICTS 4
F. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN
RESIDENTIALLY ZONED DISTRICTS 4
2.6.9.2 CONDITIONAL USES 4
A. CONDITIONAL ESSENTIAL SERVICES IN ALL ZONING
DISTRICTS EXCEPT RFMU SENDING LANDS,
CON DISTRICTS, NRPAS,HSAS,AND FSAS 4
B. CONDITIONAL ESSENTIAL SERVICES IN RFMU
SENDING LANDS, CON DISTRICTS, NRPAS, HSAS,
AND FSAS 5
C. ADDITIONAL CONDITIONAL ESSENTIAL USES IN
RESIDENTIAL AND ESTATE ZONED DISTRICTS
AND RFMU RECEIVING AND NEUTRAL LANDS 5
2.6.9.3 CONDITIONAL USES THAT INCLUDE THE INSTALLATION OF
STRUCTURES 5
TAL#531098.7
TAB G
2.6.35 COMMUNICATIONS TOWERS.
2.6.35.1 PURPOSE AND INTENT 3
2.6.35.2 THROUGH 2.6.35.5.8. NO CHANGE.
2.6.35.5.9 MIGRATORY BIRDS AND OTHER WILDLIFE
CONSIDERATIONS 3
A. GROUND MOUNTED TOWERS 3
B. BIRD DIVERTER DEVICES 3
C. HABITAT LOSS 3
D. SECURITY LIGHTING 3
2.6.35.6.12 THROUGH 2.6.35.11. NO CHANGE.
2.6.35.6.12. TOWER LIGHTING 4
A. TOWERS AND ANTENNAS EXCEEDING 150 FEET 4
B. TOWERS EXCEEDING 199 FEET 4
2.6.35.6.13 THROUGH 2.6.35.7. NO CHANGE.
2.6.35.8. WIRELESS EMERGENCY TELEPHONE SERVICE 4
2.6.35.8.1. CO-LOCATED FACILITIES 4
2.6.35.8.2. NEW TOWERS OR ANTENNAS 5
2.6.35.8.3. SUFFICIENCY NOTICE 5
2.6.35.8.4 DEFAULT APPROVAL 5
2.6.35.8.5 WAIVER 6
TAL#531098.7
TAB H
3.5.11 LITTORAL SHELF PLANTING AREA
TAL#531098.7
TAB I
2.6.31. TRANSFER OF DEVELOPMENT RIGHTS
2.6.36.1 PURPOSE, INTENT,AND APPLICABILITY 1
A. PURPOSE 1
B. INTENT 1
C. APPLICABILITY 2
2.6.36.2 TRANSFER OF DEVELOPMENT RIGHTS FROM URBAN
AREAS TO URBAN AREAS 1
2.6.39.3 TDR CREDITS FROM RFMU SENDING LANDS:
GENERAL PROVISIONS 5
2.6.39.4 TRANSER OF DEVELOPMENT RIGHTS FROM RFMU
SENDING LANDS TO NON-RFMU RECEIVING AREAS 5
A. TRANSFERS TO URBAN AREAS 5
B. TRANSFERS TO THE URBAN RESIDENTIAL FRINGE 6
2.6.39.5 TRANSFERS FROM RFMU SENDING LANDS TO RFMU
RECEIVING LANDS 6
2.6.39.6 PROCEDURES APPLICABLE TO THE TRANSFER OF TDR
CREDITS FROM RFMU SENDING LANDS 7
A. GENERAL 7
B. COUNTY MAINTAINED CENTRAL REGISTRY 7
TAL#531098.7
TAB J
2.6.40 DENSITY BLENDING 2
2.6.40.1 PURPOSE 2
2.6.40.2 CONDITIONS AND LIMITATIONS 2
A. PROPERTIES STRADDLING RFMU RECEIVING
OR NEUTRAL LANDS 2
B. PROPERTIES STRADDLING RFMU SENDING LANDS 3
C. PROPERTIES STRADDLING THE IMMOKALEE URBAN
AREA AND THE RLSA DISTRICT 3
TAL#531098.7
TAB K
DIVISION 3.8. ENVIRONMENTAL IMPACT STATEMENTS (EIS)*
3.8.1 THROUGH 3.8.3.4 NO CHANGE
3.8.4 SUBMISSION AND REVIEW OF EIS 4
3.8.5 INFORMATION REQUIRED FOR APPLICATION
3.8.5.1 APPLICANT INFORMATION 8
3.8.5.2 MAPPING AND SUPPORT GRAPHICS 8
3.8.5.3 PROJECT DESCRIPTION AND CONSISTENCY
DETERMINATION 8
3.8.5.4 NATIVE VEGETATION PRESERVATION 8
3.8.5.5 WETLANDS 9
3.8.5.6 SURFACE AND GROUND WATER MANAGEMENT 10
3.8.5.7 LISTED SPECIES 10
3.8.5.8 OTHER 10
3.8.6 ADDITIONAL DATA 11
3.8.7 RELATION BETWEEN EIS AND DRI 11
3.8.8 EXEMPTIONS 11
3.8.8.1 SINGLE FAMILY OR DUPLEX USES 11
3.8.8.2 AGRICULTURAL USES 11
3.8.8.3 NON-SENSITIVE AREAS 12
3.8.8.4 AREAS WITHIN INCORPORATED MUNICIPALITIES 12
3.8.8.5 NBMO RECEIVING LANDS 12
3.8.9 FEES 12
3.8.10 APPEALS 12
TAL#531098.7
TAB L
3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION
3.9.1 TITLE AND CITATION 4
3.9.2 PURPOSE 4
3.9.3 APPLICABILITY 5
3.9.3.1 EXEMPTIONS AND EXCEPTIONS 5
A. NBMO EXEMPTION 5
B. SEMINOLE AND MICCOSUKEE TRIBE EXCEPTION 5
C. AGRICULTURAL EXEMPTION 5
D. PRE-EXISTING USES 5
E. EXEMPT MANGROVE ALTERATION PROJECTS 6
3.9.4. VEGETATION PRESERVATION STANDARDS 8
3.9.4.1 GENERAL STANDARDS AND CRITERIA 8
3.9.4.2 SPECIFIC STANDARDS APPLICABLE OUTSIDE THE RFMU
AND RLSA DISTRICTS 8
A. REQUIRED PRESERVATION 8
B. EXCEPTIONS 9
3.9.4.3 SPECIFIC STANDARDS FOR THE RFMU DISTRICT 9
A. RFMU RECEIVING LANDS OUTSIDE OF THE NBMO 9
B. NEUTRAL LANDS 10
C. RFMU SENDING LANDS 10
E. GENERAL EXCEPTIONS 10
1. NONCONFORMING, PRE-EXISTING
PARCELS 10
2. SPECIFIC COUNTY-OWNED LAND 10
3. DISCRETIONARY EXCEPTION FOR ESSENTIAL
PUBLIC SERVICES 11
3.9.4.4 SPECIFIC STANDARDS FOR RLSA DISTRICT 11
3.9.4.5 DENSITY BONUS INCENTIVES 11
3.9.5 WETLAND PRESERVATION AND CONSERVATION 11
3.9.5.1 PURPOSE 11
3.9.5.2 URBAN LANDS 11
TAL#531098.7
3.9.5.3 RFMU DISTRICT 12
A. STANDARDS 12
B. MITIGATION 13
1. MITIGATION REQUIREMENTS 13
2. MITIGATION INCENTIVES 13
3.9.5.4 ESTATES AND RURAL-SETTLEMENT AREAS 14
3.9.5.5 RLSA OVERLAY 14
3.9.5.6 SUBMERGED MARINE HABITATS 14
3.9.6 NATURAL RESERVATION PROTECTION AND
CONSERVATION 14
3.9.6.1 PURPOSE AND APPLICABILITY 14
3.9.6.2 REVIEW PROCESS 14
3.9.6.3 RFMU DISTRICT REQUIREMENTS 14
A. OPEN SPACE REQUIREMENTS 14
B. OPEN SPACE AS BUFFERS 15
C. CONTIGUOUS NATIVE VEGETATION 15
D. WILDLIFE CORRIDORS 15
3.9.7 PRESERVE STANDARDS 15
3.9.7.1 DESIGN STANDARDS 15
A. IDENTIFICATION 15
B. MINIMUM DIMENSIONS 15
C. PROTECTION OF WETLAND HYDROPERIODS 15
D. PROTECTIVE COVENANTS 16
E. CREATED PRESERVES 16
1. APPLICABILITY 16
2. REQUIRED PLANTING CRITERIA 16
F. ALLOWABLE SUPPLEMENTAL PLANTINGS 17
G. PRESERVE MANAGEMENT PLANS 17
1. GENERAL MAINTENANCE 17
2. EXOTIC VEGETATION REMOVAL AND CONTROL 17
3. DESIGNATION OF A PRESERVE MANAGER 18
4. WILDLIFE HABITAT MANAGEMENT 18
5. PROTECTION DURING CONSTRUCTION AND
SIGNAGE AFTER CONSTRUCTION 18
H. ALLOWABLE USES WITHIN PRESERVE AREAS 18
TAL#531098.7
3.9.7.2 INSPECTIONS AND MAINTENANCE 18
3.9.7.3 REQUIRED SETBACKS TO PRESERVES 19
3.9.7.4 EXEMPTIONS 19
3.9.8 VEGETATION PROTECTION AND REMOVAL STANDARDS 19
3.9.8.1 VEGETATION PROTECTION STANDARDS 19
A. GENERAL 19
B. FILLING AND CONSTRUCTION DEBRIS 19
C. ATTACHMENTS 19
D. EXCAVATION 19
E. PROTECTIVE BARRIERS 19
1. INSTALLATION OF PROTECTIVE BARRIERS 19
2. DESIGNATION OF REPRESENTATIVE 20
3.9.8.2. CRITERIA FOR REMOVALAND/OR RELOCATION OF
PROTECTED VEGETATION 20
A. STANDARDS 20
B. VEGETATION RELOCATION PLAN 21
3.9.8.3.MANAGEMENT PLAN AND INSPECTIONS 21
A. MANAGEMENT PLAN REQUIRED 21
B. ON-SITE INSPECTIONS 22
3.9.9. REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC
VEGETATION 25
3.9.9.1.GENERAL 26
3.9.9.2.EXOTIC VEGETATION MAINTENANCE PLAN 26
3.9.9.3.APPLICABILITY TO NEW STRUCTURES AND TO ADDITIONS
TO SINGLE-FAMILY AND TWO-FAMILY LOTS 26
3.9.10.REQUIRED PERMITS AND NOTICES 27
3.9.10.1. VEGETATION REMOVAL PERMIT 27
A. OTHER PERMITS REQUIRED 27
B. APPLICATION CONTENTS 27
C. REVIEW PROCEDURES 28
1. ISSUANCE OF PERMIT 28
2. DENIAL OF PERMIT 28
3. PERMIT FEES 28
D. VEGETATION REMOVAL PERMIT EXCEPTIONS 29
TAL#531098.7
3.9.10.2.AGRICULTURAL LAND CLEARING 30
A. LAND CLEARING PERMIT 30
1. APPLICATION 30
2. DETERMINATION OF COMPLETENESS 31
3. CRITERIA FOR REVIEW OF APPLICATION 32
4. ISSUANCE OF PERMIT 32
5. RENEWAL OF AGRICULTURAL CLEARING PERMIT32
6. EXEMPTIONS FOR AGRICULTURAL CLEARING
PERMIT 33
B. LAND CLEARING NOTICE 33
3.9.11. ENFORCEMENT 35
3.9.11.1 PENALITIES 35
A. FINES 35
B. RESTORATION STANDARDS 36
3.9.11.2 CORRECTIVE MEASURES 37
A. MITIGATION 37
B. REQUIREMENTS FOR A MITIGATION PLAN 38
C. SITE-SPECIFIC REVIEW CRITERIA 38
D. COUNTY REVIEW OF MITIGATION PLAN 39
E. MONITORING AND REPLANTING 39
F. DONATION OF LAND OR FUNDS 39
3.9.12 APPEAL OF ENFORCEMENT 39
3.9.13 SUSPENSION OF PERMIT REQUIREMENT 39
TAL#531098.7
TAB M
DIVISION 3.11. ENDANGERED,THREATENED OR LISTED SPECIES
PROTECTION.
3.11.1 GENERAL 2
3.11.1.1 TITLE AND CITATION 2
3.11.1.2 PURPOSE 2
3.11.1.3 APPLICABILITY AND EXEMPTIONS 3
A. GENERAL APPLICABILITY 3
B. EXEMPTIONS 3
3.11.2 EIS AND MANAGEMENT PLANS 3
3.11.2.1 EXEMPTION FOR SINGLE FAMILY LOTS 3
3.11.2.2 EIS 3
3.11.2.3 MANAGEMENT PLANS 3
A. GENERAL REQUIREMENTS 3
B. REFERENCES 4
3.11.3 PROTECTIVE MEASURES 4
3.11.3.1 GENERAL 4
3.11.3.2 SPECIES SPECIFIC REQUIREMENTS 5
A. GOPHER TORTOISE 5
B. FLORIDA SCRUB JAY 6
C. BALD EAGLE 6
D. RED-COCKADED WOODPECKER 6
E. FLORIDA BLACK BEAR 7
F. PANTHER 7
G. WEST INDIAN MANATEE 7
H. LOGGERHEAD AND OTHER LISTED SEA TURTLES 7
3.11.3 PENALTIES 8
TAL#531098.7
TAB N
6.2 ABBREVIATIONS 2
EIS 2
NBMO 2
NRPA 2
RFMU 2
RLSA 2
TDR 2
6.3 DEFINITIONS 2
ADVERSE IMPACTS 2
BONUS CREDIT 3
CLUSTER DEVELOPMENT 3
CON DISTRICT 3
DENSITY BLENDING 3
DEVELOPMENT AND PRODUCTION, OIL AND GAS FIELD 3
ENVIRONMENTAL IMPACT STATEMENT 4
ESSENTIAL SERVICES 4
EXPLORATION, OIL AND GAS 4
FLOWWAY 5
GREENBELT 5
HOUSING,AFFORDABLE 5
HOUSING,WORKFORCE 5
NATIVE VEGETATION 6
n
TAL#531098.7
NATURAL RESERVATION 6
NATURAL WATERBODY 6
NBMO 6
NEIGHBORHOOD CENTER 7
NEUTRAL LANDS 7
OIL EXTRACTION AND RELATED PROCESSING 7
OPEN SPACE 7
OPEN SPACE, COMMON 7
OPEN SPACE, USABLE 8
RFMU DISTRICT 8
RFMU RECEIVING LANDS 8
RFMU SENDING LANDS 8
RURAL VILLAGE 8
TDR CREDIT 9
TRANSFER OF DEVELOPMENT RIGHTS 9
VEGETATION, CATEGORY I INVASIVE EXOTIC 9
VEGETATION, CATEGORY II INVASIVE EXOTIC 9
VEGETATION, EXOTIC 9
VEGETATION, NATIVE 9
VEGETATION, NATURILIZED 10
VEGETATION, PROHIBITED EXOTIC 10
VILLAGE CENTER 10
WETLANDS 10
TAL#531098.7
WETLAND FUNCTION 10
TAL#531098.7
10/16/2003 DRAFT
TAB A
SECTION 2.2.2%
RURAL FRINGE MIXED USE DISTRICT
TAL#531097.5 1
r\ i
10/16/03 DRAFT
2.2.2%2. RURAL FRINGE MIXED-USE DISTRICT (RFMU DISTRICT)
2.2.2%2.1 PURPOSE AND SCOPE
A. APPLICABILITY
B. EXEMPTONS
2.2.2.%2.2 RFMU RECEIVING LANDS
A. OUTSIDE RURAL VILLAGES
1. NBMO EXEMPTION
2. MAXIMUM DENSITY
a. BASE DENSITY
b. ADDITIONAL DENSITY
(1) TDRS
(a) CLUSTERING REQUIRED
(b) MINIMUM PROJECT SIZE
(c) EMERGENCY PREPAREDNESS
(2) ADDITIONAL DENSITY
3. ALLOWABLE USES
a. USES PERMITTED AS OF RIGHT
b. ACCESSORY USES
c. CONDITIONAL USES
4. DESIGN STANDARDS
a. FOR DEVELOPMENT NOT CLUSTERED
(1) MINIMUM LOT AREA
(21 MINIMUM LOT WIDTH
(3) MINIMUM YARD REQUIREMENTS
b. FOR CLUSTERED DEVELOPMENT
(1) LOT AREAS AND WIDTHS
(a) SINGLE-FAMILY
(b) MULTI-FAMILY
(2) MINIMUM YARD REQUIREMENTS
(a) SINGLE FAMILY
(b) MULTI-FAMILY
(3) HEIGHT LIMITATIONS
(a) PRINCIPAL STRUCTURES
(b) ACCESSORY STRUCTURES
(4) MINIMUM FLOOR SPACE
e. PARKING
f. LANDSCAPING
g. SIGNS
5. NATIVE VEGETATION RETENTION
6. USABLE OPEN SPACE
B. RURAL VILLAGES
TAL#531097.5 2
1. ALLOWABLE USES
2. MIX OF NEIGHBORHOOD TYPES
a. ALLOCATION OF LAND USES
b. ACREAGE LIMITATIONS
3. DENSITY
a. BASE DENSITY
b. MINIMUM DENSITY
c. MAXIMUM DENSITY
4. OTHER DESIGN STANDARDS
a. TRANSPORTATION SYSTEM
b. LOCATIONAL RESTRICTIONS
c. SIZE
d. ADDITIONAL VILLAGE CRITERIA
5. NATIVE VEGETATION
6. GREENBELT
7. OPEN SPACE
8. PROCESS FOR APPROVAL OF A RURAL VILLAGE
a. EIS
b. DEMONSTRATION OF FISCAL NEUTRALITY
2.2.21/2.3. NEUTRAL LANDS
A. ALLOWABLE USES
1. USES PERMITTED AS OF RIGHT
2. ACCESSORY USES
3. CONDITIONAL USES
B. DENSITY
1. MAXIMUM GROSS DENSITY
2. RESIDENTIAL CLUSTERING
C. DIMENSIONAL AND DESIGN STANDARDS
1. SINGLE-FAMILY DEVELOPMENT NOT UTILIZING CLUSTERING
a. MINIMUM LOT AREA
b. MINIMUM LOT WIDTH
c. MINIMUM YARD REQUIREMENTS
2. SINGLE-FAMILY DEVELOPMENT UTILIZING CLUSTERING
a. MINIMUM LOT AREA
b. MAXIMUM LOT AREA
c. MINIMUM LOT WIDTH
d. MAXIMUM LOT WIDTH
3. HEIGHT LIMITATIONS
4. FLOOR AREA
5. PARKING
6. LANDSCAPING
7. SIGNS
D. NATIVE VEGETATION RETENTION
E. USABLE OPEN SPACE
TAL#531097.5 3
2.2.2%2.4. RFMU SENDING LANDS
A. ALLOWABLE USES WHERE TDR CREDITS HAVE NOT BEEN SEVERED
1. USES PERMITTED AS OF RIGHT
2. ACCESSORY USES
3. CONDITIONAL USES
B. ALLOWABLE USES WHERE TDR CREDITS HAVE BEEN SEVERED
1. USES PERMITTED AS OF RIGHT
2. CONDITIONAL USES
C. DENSITY
D. NATIVE VEGETATION
E. OTHER DESIGN STANDARDS
1. LOT AREA AND WIDTH
2. PARKING
3. LANDSCAPING
4. SIGNS
2.2.2%2. RURAL FRINGE MIXED-USE DISTRICT (RFMU DISTRICT)
2.2.2%2.1 PURPOSE AND SCOPE. The purpose and intent of the RFMU District is to provide a
transition between the Urban and Estates Designated lands and between the Urban and
Agricultural/Rural and Conservation designated lands farther to the east. The RFMU District
employs a balanced approach, including both regulations and incentives, to protect natural
resources and private property rights, providing for large areas of open space, and allowing,
in designated areas, appropriate types, density and intensity of development. The RFMU
District allows for a mixture of urban and rural levels of service, including limited extension
of central water and sewer, schools, recreational facilities, commercial uses and essential
services deemed necessary to serve the residents of the RFMU District. The innovative
planning and development techniques which are required and/or encouraged within the
RFMU District were developed to preserve existing natural resources, including habitat for
listed species, to retain a rural, pastoral, or park-like appearance from the major public
rights-of-way, and to protect private property rights.
A. APPLICABILITY. The RFMU District as set forth herein is applicable to, and
implements, the RMFU designation on the future land use map (FLUM) of the Collier
County growth management plan (GMP). The maximum density permissible in the
RMFU District shall not exceed the density permissible under the policy provisions for
Sending, Receiving (including Rural Villages) and Neutral Lands, provided within the
RFMU District designation portion of the future land use element of the Collier County
growth management plan.
B. EXEMPTONS. The requirements of Section 2.2.2%2 shall not apply to, affect or limit the
continuation of existing uses. Existing uses shall include those uses for which all required
permits were issued prior to June 19, 2002, and projects for which a Conditional use or
Rezone petition has been approved by the County prior to June 19, 2002, or land use petitions
TAL#531097.5 4
for which a completed application has been submitted 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. Hereafter, such previously approved
developments shall be deemed to be consistent with the Plan's Goals, Objectives and Policies
and 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 consistent with the
Plan's Goals, Policies and Objectives for the RFMU District as long as they do not result in an
increase in development density or intensity.
2.2.2.%2.2 RFMU RECEIVING LANDS. RFMU Receiving Lands are those lands within the
RFMU District that have been identified as being most appropriate for development and to
which residential development units may be transferred from RFMU Sending Lands. Based
on the evaluation of available data, RFMU Receiving Lands have a lesser degree of
environmental or listed species habitat value than RFMU Sending Lands and generally have
been disturbed through development or previous or existing agricultural operations. Various
incentives are employed to direct development into RFMU Receiving Lands and away from
RFMU Sending Lands, thereby maximizing native vegetation and habitat preservation and
restoration. Such incentives include, but are not limited to: the TDR process; clustered
development; density bonus incentives; and, provisions for central sewer and water. Within
RFMU Receiving Lands, the following standards shall apply, except as noted in paragraph
2.2.2%2.1 above, or as more specifically provided in an applicable PUD.
A. OUTSIDE RURAL VILLAGES
1. NBMO Exemption. Except as specifically provided herein NBMO Receiving Lands
are only subject to the provisions of Section 2.2.31.
2. MAXIMUM DENSITY
a. BASE DENSITY. The base residential density allowable within RFMU
Receiving Lands, exclusive of the applicable Density Blending provisions set
forth in Section 2.6.40, is one (1) unit per five (5) gross acres (0.2 dwelling units
per acre) or, for those legal nonconforming lots or parcel in existence as of June
22, 1999, one (1)unit per lot or parcel,.
b. ADDITIONAL DENSITY
(1) TDRS. Outside of Rural Villages, the maximum density achievable in RFMU
Receiving Lands through the TDR process is one (1) dwelling unit per acre.
(a) CLUSTERING REQUIRED. Where the transfer of development rights is
employed to increase residential density within RFMU Receiving Lands,
such residential development shall be clustered in accordance with the
following provisions:
i. Central water and sewer shall be extended to the project. Where
County sewer or water services may not be available concurrent
with development in RFMU Receiving Lands, interim private
water and sewer facilities may be approved.
ii. The maximum lot size allowable for a single-family detached
dwelling unit is one acre.
iii. The clustered development shall be located on the site so as to
provide to the greatest degree practicable: protection for listed
species habitat; preservation of the highest quality native
TAL#531097.5 5
vegetation; connectivity to adjacent natural reservations or
preservation areas on adjacent developments; and, creation,
maintenance or enhancement of wildlife corridors.
(b) MINIMUM PROJECT SIZE. The minimum project size required in
order to receive transferred dwelling units is 40 contiguous acres.
(c) EMERGENCY PREPAREDNESS. In order to reduce the likelihood
of threat to life and property from a tropical storm or hurricane event
any development approved under the provisions of this section shall
demonstrate that adequate emergency preparedness and disaster
prevention measures have been taken by, at a minimum:
i. Designing community facilities, schools, or other public buildings
to serve as storm shelters if located outside of areas that are likely
to be inundated during storm events, as indicated on the Sea, Lake,
and Overland Surge from Hurricane Map for Collier County.
ii. Evaluating impacts on evacuation routes, if any, and working with
the Collier County Emergency Management staff to develop an
Emergency Preparedness Plan to include provisions for storm
shelter space, a plan for emergency evacuation, and other
provisions that may be deemed appropriate and necessary to
mitigate against a potential disaster.
iii. Working with the Florida Division of Forestry, Collier County
Emergency Management staff, and the managers of any adjacent or
nearby public lands, to develop a Wildfire Prevention and
Mitigation Plan that will reduce the likelihood of threat to life and
property from wildfires. This plan shall address, at a minimum:
project structural design; the use of materials and location of
structures so as to reduce wildfire threat; firebreaks and buffers;
water features; and, the rationale for prescribed burning on
adjacent or nearby lands.
(2) Once the maximum density is achieved through the use of TDRs, additional
density may be achieved as follows:
(a) A density bonus of no more than 10% of the maximum density per acre
(0.1 units per acre) shall be allowed for the preservation of additional
native vegetation as set forth in Section 3.9.4.5.A.
(b) A density bonus of 10% of the maximum density per acre (0.1 units per
acre) shall be allowed for projects that incorporate those additional
wetlands mitigation measures set forth in Section 3.9.5.3.B.2.
3. ALLOWABLE USES
a. USES PERMITTED AS OF RIGHT. The following uses are permitted as of
right, or as uses accessory to permitted uses:
(1) Agricultural activities, including,but not limited to: Crop raising; horticulture;
fruit and nut production; forestry; groves; nurseries; ranching;beekeeping:,
poultry and egg production; milk production; livestock raising, and
aquaculture for native species subject to the State of Florida Game and
Freshwater Fish Commission permits. Owning, maintaining or operating any
facility or part thereof for the following purposes is prohibited:
TAL#531097.5 6
(a) Fighting or baiting any animal by the owner of such facility or any other
person or entity.
(b) Raising any animal or animals intended to be ultimately used or used for
fighting or baiting purposes.
(c) For purposes of this subsection, the term baiting is defined as set forth in
§ 828.122(2)(a), F.S., as it may be amended from time to time.
(2) Single-family residential dwelling units, including mobile homes where a
Mobile Home Zoning Overlay exists.
(3) Multi-family residential structures, if clustering is employed.
(4) Rural Villages, subject to the provisions set forth under Section
2.2.2Y2.4.10.below.
(5) Dormitories, duplexes and other types of staff housing, as may be incidental
to, and in support of, conservation uses.
(6) Family Care Facilities: 1 unit per 5 acres and subject to Section 2.6.26. of this
Code.
(7) Staff housing as may be incidental to, and in support of, safety service
facilities and essential services.
(8) Farm labor housing limited to 10 acres in any single location:
(a) Single family/duplex/mobile home: 11 dwelling units per acre;
(b) Multifamily/dormitory: 22 dwelling units/beds per acre.
(9) Sporting and Recreational camps not to exceed 1 cabin/lodging unit per 5
gross acres.
(10) Those Essential services identified as permitted uses in Section 2.6.9.1 and in
accordance with the provisions, conditions and limitations set forth therein.
111)Golf courses or driving ranges, subject to the following standards:
(a) The minimum density shall be as follows:
i. For golf course projects utilizing Density Blending Provisions set forth
in the Density Rating System of the FLUE: one (1) dwelling unit per
five (5) gross acres.
ii. For golf course projects not utilizing Density Blending Provisions.,
including freestanding golf courses: the minimum density shall be one
(1) dwelling unit per five (5) gross acres, and one additional dwelling
unit per five (5) gross acres for the land area utilized as part of the golf
course, including the clubhouse area, rough, fairways, greens, and
lakes, but excluding any area dedicated as conservation, which is non-
irrigated and retained in a natural state. The additional required density
for such golf course development shall be achieved by acquiring TDRs
from Sending Lands.
(b) Golf courses shall be designed, constructed, and managed in accordance
with Audubon International's Gold Signature Program. The project shall
demonstrate that the Principles for Resource Management required by the
Gold Signature Program (Site Specific Assessment, Habitat Sensitivity.,
Native and Naturalized Plants and Natural Landscaping, Water
Conservation, Waste Management. Energy Conservation & Renewable
Energy Sources, Transportation, Greenspace and Corridors, Agriculture,
TAL#531097.5 7
and Building Design) have been incorporated into the golf course's design
and operational procedures.
(c) In order to prevent the contamination of soil, surface water and ground
water by the materials stored and handled by golf course maintenance
operations, golf courses shall comply with the Best Management Practices
for Golf Course Maintenance Departments, prepared by the Florida
Department of Environmental Protection, May 1995.
(d)To protect ground and surface water quality from fertilizer and pesticide
usage, golf courses shall demonstrate the following management practices:
(1) The use of slow release nitrogen sources;
(2) The use of soil and plant tissue analysis to adjust timing and amount of
fertilization applications;
(3) The use of an integrated pest management program using both
biological and chemical agents to control various pests;
(4) The coordination of pesticide applications with the timing and
application of irrigation water;
(5) The use of the procedure contained in IFAS Circular 1011, Managing
Pesticides for Golf Course Maintenance and Water Quality Protection,
May 1991 (revised 1995) to select pesticides that will have a minimum
adverse impact on water quality
e. To ensure water conservation, golf courses shall incorporate the following
in their design and operation:
(1) Irrigation systems shall be designed to use weather station information
and moisture-sensing systems to determine the optimum amount of
irrigation water needed considering soil moisture and
evapotranspiration rates.
(2) As available, golf courses shall utilize treated effluent reuse water
consistent with Sanitary Sewer Sub-Element Objective 1.4 and its
policies;
(3) Native plants shall be used exclusively except for special purpose areas
such as golf greens, fairways, and building sites. Within these
excepted areas, landscaping plans shall require that at least 75% of the
trees and 50% of the shrubs be freeze-tolerant native Floridian species.
At least 75% of the required native trees and shrubs shall also be
drought tolerant species.
e. Stormwater management ponds shall be designed to mimic the functions of
natural systems: by establishing shorelines that are sinuous in configuration
in order to provide increased length and diversity of the littoral zone. A
Littoral shelf shall be established to provide a feeding area for water
dependent avian species. The combined length of vertical and rip-rapped
walls shall be limited to 25% of the shoreline. Credits to the site
preservation area requirements, on an acre- to- acre basis, shall be given
for littoral shelves that exceed these littoral shelf area requirements.
v. Site preservation and native vegetation retention requirements as those
set forth in 3.9.4 of this Code.
(12) Public and private schools, subject to the following criteria:
II
TAL#531097.5 8
,-� (a) Site area and school size shall be subject to the General Educational
Facilities Report submitted annually by the Collier County School Board
to the Board of County Commissioners.
(b) The Site must comply with the State Requirements for Educational
Facilities adopted by the State Board of Education.
(c) The site shall be subject to all applicable State or Federal regulations.
(13) Oil and gas exploration subject to state drilling permits and Collier County
Site Development Plan review procedures. Directional-drilling techniques
and/or previously cleared or disturbed areas shall be utilized in order to
minimize impacts to native habitats, where determined to be practicable. This
requirement shall be deemed satisfied upon issuance of a state permit
requiring compliance with the criteria established in Chapter 62C-30, F.A.C.,
regardless of whether the activity occurs within the Big Cypress Swamp.
b. ACCESSORY USES.
1. Accessory uses as set forth in Section 2.2.2.2.2 of this Code.
2. Accessory Uses and structures that are accessory and incidental to uses
permitted as of right in the RFMU District.
3. Recreational facilities that serve as an integral part of a residential
development and have been designated,reviewed, and approved on a site
development plan or preliminary subdivision plat for that development.
Recreational facilities may include,but are not limited to clubhouse,
community center building, tennis facilities, playgrounds and playfields.
r""`N c. CONDITIONAL USES. The following uses are permissible as conditional uses
subject to the standards and procedures established in division 2.7.4
(1) Oil and gas field development and production, subject to state drilling permits
and Collier County Site Development Plan review procedures. Directional-
drilling techniques and/or previously cleared or disturbed areas shall be
utilized in order to minimize impacts to native habitats, where determined to
be practicable. This requirement shall be deemed satisfied upon issuance of a
state permit requiring compliance with the criteria established in Chapter 62C-
30, F.A.C., regardless of whether the activity occurs within the Big Cypress
Swamp.
(2) Group care facilities and other care housing facilities, other than family care
facilities, subject to a maximum floor area ratio of 0.45.
(3) Zoos, aquariums, and botanical gardens, and similar uses.
(4) Facilities for the collection, transfer,processing, and reduction of solid waste.
(5) Community facilities, such as, places of worship, childcare facilities,
cemeteries, and social and fraternal organizations.
f6 )Travel trailer recreation vehicle parks, subject to the following criteria:
(a)the site is adjacent to an existing travel trailer recreational vehicle site; and
(b)the site is no greater than 100% of the size of the existing adjacent park
site.
(7) Those Essential Services identified in 2.6.9.2.A and B.
(8) In RFMU Receiving Lands other than those within the NBMO, asphalt and
concrete batch-making plants.
4. DESIGN STANDARDS
TAL#531097.5 9
a. For Development not utilizing Clustering per Section 2.2.2%2.2A.2.b.(1)(a)
above:
(1) MINIMUM LOT AREA: 5 Acres.
(2) MINIMUM LOT WIDTH: 165 Feet.
(3) MINIMUM YARD REQUIREMENTS:
(a) Front Yard: 50 feet
(b) Side Yard: 30 feet
lc) Rear Yard: 50 feet
(d). Nonconforming lots in existence as of June 22, 1999:
1. Front Yard: 40 feet.
2. Side Yard: 10 percent of lot width, not to exceed 20
feet on each side.
3. Rear Yard: 50 feet.
b. For development utilizing Clustering per Section 2.2.2%2.2A.2.b.(1)(a)
above:
(1) LOT AREAS AND WIDTHS:
(a) SINGLE-FAMILY
1. Minimum Lot Area: 4,500 square feet.
2. Maximum Lot Area: One Acre.
3. Minimum Lot Width: Interior lots 40 feet.
4. Maximum Lot Width: 150 feet.
fb) MULTI-FAMILY
1. Minimum Lot Area: One Acre.
2. Maximum Lot Area: None.
3. Minimum Lot Width: 150 feet.
4. Maximum Lot Width: None.
(2) MINIMUM YARD REQUIREMENTS
(a) SINGLE FAMILY. Each single-family lot or parcel
minimum yard requirement shall be established within an
approved PUD, or shall comply with the following
standards:
1. Front: 20 feet (Note Front Yard Set back may be
reduced to 10 feet where parking for the unit is
accessed via a rear ally.
2. Side: 6 feet
3. Rear: 15 feet
4. Accessory: Per Section 2.6.2
(b) MULTI-FAMILY. For each multi-family lot or parcel
minimum yard shall be established within an approved
PUD, or shall comply with the following standards:
1. Setback from Arterial or Collector roadway(s): no
multi-family dwelling may be located closer than
200 feet to a roadway classified or defined as an
arterial roadway or 100 feet from any roadway
classified or defined as a collector roadway.
3. Front: 30 feet.
TAL#531097.5 10
4. Rear: 30 feet.
5. Side yard/separation between any multi-family
Buildings: One-half of the building height or 15
feet,whichever is greater.
6. Accessory: Per Section 2.6.2
(3) HEIGHT LIMITATIONS
(a) PRINCIPAL STRUCTURES
1. Single Family: 35 feet.
2. Multi-family: Five Stories not to exceed 60 feet.
3. Other structures: 35 feet except for golf
course/community clubhouses, which may be 50
feet in height.
(b) ACCESSORY STRUCTURES. Accessory: 20 feet, except
for screen enclosures, which may be the same height as the
principal structure.
(4) MINIMUM FLOOR SPACE
(a) Single Family: 800 square feet
(b) Multi-family:
1. Efficiency: 450 Square feet
2. One Bedroom: 600 square feet
3. Two or More Bedrooms: 800 square feet
c. PARKING. As required in Division 2.3 of this Code.
d. LANDSCAPING. As required in division 2.4. of this Code.
e. SIGNS. As required in division 2.5. of this Code.
5. NATIVE VEGETATION RETENTION. As required in Section 3.9.4.3. of this
Code.
6. USABLE OPEN SPACE.
a. Projects greater than 40 acres in size shall provide a minimum of 70%
usable open space.
b. Usable Open Space includes active or passive recreation areas such as
parks,playgrounds, golf courses, waterways, lakes, nature trails, and other
similar open spaces. Usable Open Space shall also include areas set aside
for conservation or preservation of native vegetation and landscape areas.
c. Open water beyond the perimeter of the site, street right-of-way, except
where dedicated or donated for public uses, driveways, off-street parking
and loading areas, shall not be counted towards required Usable Open
Space.
B. RURAL VILLAGES. Rural Villages, including Rural Villages within the NBMO, may
be approved within the boundaries of RFMU Receiving Lands, subject to the following:
1. ALLOWABLE USES:
a. All permitted uses identified in Section 2.2.21/2.2.A.3.a., when specifically
identified in, and approved as part of, a Rural Village PUD.
b. Conditional uses 1 through 5, and 7 identified in Section 2.2.2%2.2.A.3.c.,
when specifically identified in, and approved as part of a Rural Village
PUD.
TAL#531097.5 11
,-� c. All permitted and accessory uses listed in the C-4 General Commercial
District, Section 2.2.15.2, subject to the design guidelines and
development standards set forth in this Section.
d. Research and Technology Parks, with a minimum size of 19 acres and a
maximum size of 4% of the total Rural Village Acreage, subject to the
design guidelines and development standards set forth herein, the
applicable standards contained in Section 2.2.20.4.8. Research and
technology park planned unit development district guidelines and
development standards, and further subject to the following:
(1) Research and Technology Parks shall be permitted to include up to
20% of the total acreage for non-target industry uses of the type
identified in paragraph(3)below; and, up to 20% of the total
acreage for workforce housing, except as provided in paragraph(7)
below. At a minimum, 60% of the total park acreage must be
devoted to target industry uses identified in paragraph(2)below.
The specific percentage and mix of each category of use shall be
determined at the time of Rural Village PUD rezoning.
(2) The target industries identified by the Economic Development
Council of Collier County are aviation/aerospace industry, health
technology industry and information technology industry, and
include the following uses: software development and
programming; internet technologies and electronic commercei
multimedia activities and CD-ROM development; data and
information processing; call center and customer support activities;
professional services that are export based such as laboratory
research or testing activities; light manufacturing in the high tech
target sectors of aviation/aerospace and health and information
technologies; office uses in connection with on-site research;
development testing and related manufacturing; general
administrative offices of a research and development firm;
educational, scientific and research organizations; production
facilities and operations.
(3) Non-target industry uses may include hotels at a density consistent
with the provisions in Section 2.2.15.4.7. and those uses in the C-1
through C-3 Zoning Districts that provide support services to the
target industries such as general office, banks, fitness centers.,
personal and professional services, medical, financial and
convenience sales and services, computer related businesses and
services, employee training, technical conferencing, day care
centers, restaurants and corporate and government offices.
(4) The Rural Village PUD shall include standards for the
development of individual building parcels within the park and
general standards shall be adopted for pedestrian and vehicular
interconnections, buffering, landscaping, open spaces, signage,
lighting, screening of outdoor storage, parking and access
TAL#531097.5 12
,.� management, all to be consistent with and compatible to the other
uses within the village.
(5) The Research and Technology Park must be adjacent to, and have
direct access via an existing or developer constructed local road to
an arterial or collector roadway. The portion of the local roadway
intended to provide access to the Research and Technology Park
shall not be within a residential neighborhood and does not service
a predominately residential area.
(6) The Research and Technology Park shall be compatible with
surrounding land uses. Accordingly, it shall be separated from any
residentially zoned or designated land within the Rural Village by
a minimum Type "C" landscape buffer, as set forth in Section
2.4.7.4 of this Code.
(7) Whenever workforce housing is provided, it shall be fully
integrated with other compatible uses in the park through mixed-
use buildings and/or through pedestrian and vehicular
interconnections.
(8) Building permits for non-target industry uses identified in
paragraph(3) above shall not be issued prior to issuance of the first
building permit for a target industry use.
e. Any other use deemed by the Board of County Commissioner is to be
appropriate and compatible within a Rural Village.
2. MIX OF NEIGHBORHOOD TYPES. Rural Villages shall be comprised of
several neighborhoods designed in a compact nature such that a majority of
residential development is within one-quarter mile of a Neighborhood Center.
Neighborhood Centers may include small-scale service retail and office uses, and
shall include a public park square, or green. Village Centers shall be designed to
serve the retail, office, civic, government uses and service needs of the residents of
the Rural Village. The Village Center shall be the primary location for commercial
uses. Rural Villages shall be surrounded by a green belt in order to protect the
character of the rural landscape and to provide separation between Rural Villages
and the low density rural development, agricultural uses, and conservation lands
that may surround the Rural Village. Rural Villages shall be designed to include
the following: a mixture of residential housing types; institutional and/or
commercial uses; and recreational uses, all of which shall be sufficient to serve the
residents of the Rural Village and the surrounding lands. In addition, except as
specifically provided otherwise for Rural Villages within the NBMO, the
following criteria and conditions shall apply to all Rural Villages.
a. ALLOCATION OF LAND USES. Specific allocations for land uses
including residential, commercial and other non-residential uses within
Rural Villages, shall include,but are not limited to:
(1) A mixture of housing types, including single-family attached and
detached, as well as multi-family shall be provide within a Rural
Village. A minimum of 10 percent of the required based density for
a Rural Village (2.0 dwelling units per acre) shall meet the
definition of affordable/workforce housing set forth Division 6.3 of
TAL#531097.5 13
this code. Of the required 10 percent of affordable/workforce
housing units, at least 1.5% must not exceed 1/12 of 30 percent of
an amount, which represents 50 percent (for very low income
residents), and 1.5 per cent 80 percent (for low income residents).
In addition, 5% of the required based density for a Rural Village
(2.0 dwelling units per acre) shall meet the definition of workforce
housing set forth Division 6.3 of this code. For each housing unit
provided which meets the definition of"affordable" or"workforce"
housing, a credit of 0.5 market rate units shall be granted once the
base density of 2.0 dwelling units pre acre is achieved. The Rural
Village shall be deigned so as to disperse the affordable and
workforce housing units throughout the village rather than
concentrate them in a singular location.
(2) A mixture of recreational uses, including parks and village greens.
(3) Civic, community, and other institutional uses.
(4) A mixture of lot sizes, with a design that includes more compact
development and attached dwelling units within neighborhood
centers and the Village Center, and reduced net densities and
increasingly larger lot sizes for detached residential dwellings
generally occurring as development extends outward from the
Village Center.
(5) A mixture of retail, office, and services uses.
(6) If requested by the Collier County School Board during the PUD
and/or DRI review process, school sites shall be provided and shall
be located to serve a maximum number of residential dwelling units
within walking distance to the schools, subject to the following
criteria:
(a) Schools shall be located within or adjacent to the Village
Center;
(b) A credit toward any applicable school impacts fees shall be
provided based upon an independent evaluation/appraisal of
the value of the land and/or improvements provided by the
developer; and
(c) Schools shall be located in order to minimize busing of
students and to co-locate schools with public facilities and
civic structures such as parks, libraries, community centers,
public squares, greens and civic areas.
(7) Within the NBM Overlay, elementary schools shall be accessed by
local streets, pedestrian and bicycle facilities, and shall be allowed
in and adjacent to the Rural Village Center,provided such local
streets provide adequate access as needed by the School Board.
b. ACREAGE LIMITATIONS
(1) Rural Villages shall be a minimum of 300 acres and a maximum of
1,500 acres, exclusive of the required green belt,with exception
that the maximum size of a Rural Village within those RFMU
TAL#531097.5 14
n Receiving Lands south of the Belle Meade NRPA shall not exceed
2,500 acres.
(2) Neighborhood Center- 0.5% of the total Rural Village acreage, not
to exceed 10 acres, within each Neighborhood Center.
(3) Neighborhood Center Commercial—Not to exceed 40% of the
Neighborhood Center acreage and 8,500 square feet of gross
leasable floor area per acre.
(4) Village Center-Not to exceed 10% of the total Rural Village
acreage.
(5) Village Center commercial -Not to exceed 30% of the Village
Center acreage and 10,000 square feet of gross leasable floor area
per acre.
(6) Research and Technology Parks limited to a minimum size of 19
acres and a maximum size of 4%of the total Rural Village acreage.
(7) Civic Uses and Public Parks -Minimum of 15% of the total Rural
Village acreage.
3. DENSITY. A Rural Village shall have a minimum density of 2.0 units per gross
acre and a maximum density of 3.0 units per acre, except that the minimum
density with a NBMO Rural Village shall be 1.5 units per gross acre. Those
densities shall be achieved as follows:
a. Base Density. A base density of 0.2 dwelling units per acre (1.0 dwelling
units per five acres) for lands within the Rural Village, and the land area
designated as a greenbelt surrounding the Rural Village, is granted by right
for allocation within the designated Rural Village.
b. Minimum Density. For each TDR Credit for use in a Rural Village, one
Bonus Credit shall be granted, up to the minimum gross density of 2.0
units per acre outside of the NBMO and 1.5 units per acre within the
NBMO.
c. Maximum Density. A developer may achieve a density exceeding the
minimum required density, up to a maximum of 3.0 units per acre, through
the following means:
(1) TDR Credits;
(2) An additional density bonus 0.3 units per acre for the additional
preservation of native vegetation as set forth in Section 3.9.4.5.B;
(3) An additional density bonus of 0.3 units per acre for additional
wetlands mitigation as set forth in 3.9.5.B.2; and/or
(4) An additional density bonus of 0.5 units per acre for each housing
unit provided which meets the definition of "affordable" or
"workforce"housing.
4. OTHER DESIGN STANDARDS
a. TRANSPORTATION SYSTEM DESIGN.
(1) The Rural Village shall be designed with a formal street layout,
using primarily a grid design and incorporating village greens,
squares and civic uses as focal points.
(2) Each Rural Village shall be served by a binary road system that is
n accessible by the public and shall not be gated. The road system
TAL#531097.5 15
within the Rural Village shall be designed to meet County
standards and shall be dedicated to the public.
(3) A Rural Village shall not be split by an arterial roadway.
(4) Interconnection between the Rural Village and adjacent
developments shall be encouraged.
(5) Neighborhoods, Neighborhood Centers, and the Village Center
shall be connected through local and collector streets and shall
incorporate traffic calming techniques as may be appropriate to
discourage high-speed traffic.
(6) Consideration shall be given to the location of public transit and
school bus stops.
(7) Pedestrian paths and bikeways shall be designed so as to provide
access and interconnectivity.
b. LOCATION RESTRICTIONS AND STANDARDS.
(1) In locating both schools and housing units within the Rural
Village, consideration shall be given to minimizing busing needs
within the community.
(2) A Rural Village shall not be located any closer than 3.0 miles from
another Rural Village.
(3) No more than one Rural Village may be located in each of the
distinct RFMU District Receiving Areas depicted on the FLUM
and on the Official Collier County Zoning Atlas maps.
(4) A Rural Village shall have direct access to a roadway classified by
Collier County as an arterial or collector roadway. Alternatively,
access to the Rural Village may be via a new collector roadway
directly accessing an existing arterial, the cost of which shall be
borne entirely by the developer.
(5) A Rural Village shall be located where other public infrastructure,
such as potable water and sewer facilities, already exist or are
planned.
c. SIZE LIMITATIONS. Rural Villages shall be a minimum of 300 acres
and a maximum of 1,500 acres, except within RFMU Receiving Lands
south of the Belle Meade NRPA where the maximum size may not exceed
2,500 acres. This required Rural Village size is exclusive of the required
Greenbelt area set forth in Section 2.2.2'/2.2.B.6.
d. ADDITIONAL VILLAGE DESIGN CRITERIA: Rural Villages shall be
designed in accordance with the following provisions:
(1) Rural Villages shall be developed in a progressive urban to rural
continuum with the greatest density, intensity and diversity
occurring within the Village Center, to the least density, intensity
and diversity occurring within the edge of the neighborhoods
approaching the greenbelt.
(2) Rural Villages may include "Special Districts" in addition to the
Village Center, Neighborhood Center and Neighborhoods, to
accommodate uses that may require use specific design standards
n not otherwise provided for herein. Such Special Districts, their
TAL#531097.5 16
proposed uses, and applicable design standards shall be identified
as part of the Rural Village PUD rezone process.
(3) The Rural Village PUD Master Plan shall designate the location of
the Village Center and each Neighborhood, Neighborhood Center
and as may be applicable, Special Districts. Rural Villages shall
include a Village Center and a minimum of two distinct
neighborhoods,with defined Neighborhood Centers.
(4) Mixtures of allowable uses is encouraged to occur within buildings
in the Village Center and Neighborhood Centers.
(5) Transient lodging is permitted at up to 26 guest units per acre
calculated on the acreage occupied by the transient lodging and its
ancillary facilities if such parcel includes multiple uses.
(6) Building heights may vary within the Village Center and
Neighborhood Centers,but shall not exceed 5 stories not exceeding
65 feet with the Village Center, or 4 stories no exceeding 55 feet
within the Neighborhood Center, and 3 stories not to exceed 40 feet
within 200 feet of the Greenbelt. The height exclusions set forth in
Section 2.6.3.1 of this code apply generally within a Rural Village.
The height exclusion set forth in Section 2.6.3.2. applies in the
Village Center only, except that:
(a) 2.6.3.2.(4)requiring 300 square feet of green spaces for
eachparking space for which the height waiver is granted
shall not apply; however,
(b) For each parking space for which the height waiver is
granted, an equal amount of square footage of park, green,
square or civic use space shall be provided in excess of the
minimums set forth in 2.2.2%.2.B.2.a.(7).
(6) The minimum lot area shall be 1,000 SF; however,within
neighborhoods, especially approaching the edge of the village and
the surrounding green belt, less compact larger lot residential
development may occur.
(7) Within the Village Center and Neighborhood Centers, individual
block perimeters shall not exceed 2,500 linear feet.
(8) Within the Village Center and Neighborhood Centers required
yards shall be as follows:
(a) Front setbacks - 0 to 10 feet from the right-of-way line
(b) Side setbacks - 0 feet
(c) Rear setbacks—0 feet
(9) Within neighborhoods outside of a Neighborhood or Village Center
required yards may vary but shall be designed so as to provide for
adequate light, opens space ad movement of air, and shall consider
the design objective of the urban to rural continuum with the
greatest density, intensity and diversity occurring within the Village
Center, to the least density, intensity and diversity occurring within
the edge of the neighborhoods approaching the greenbelt.
TAL#531097.5 17
(10) Within the Village Center and Neighborhood Centers Overhead
encroachments such as awnings, balconies, arcades and the like,
must maintain a clear distance of 9 feet above the sidewalk and 15
feet above the street.
(11) Seating for outdoor dining shall be permitted to encroach the public
sidewalks and shall leave a minimum 6-foot clear pedestrian way
between the outdoor dining and the streetscape planting area.
(12) Except as specifically provided for in paragraph 6 above, the design
of civic or institutional buildings shall not be subject to the specific
standards of this subsection which regulate building height,
building placement, building use, parking, and signage but shall be
reviewed by Collier County planning staff with perspective as these
buildings creating focal points, vistas and significant community
landmarks. Specific design standards shall be provided in the Rural
Village PUD document.
(13) Architectural Standards: Buildings within the Village Center shall
be made compatible through similar massing, volume, frontage,
scale and architectural features. The PUD document shall adhere to
the provisions of Division 2.8 of this Code; however, deviations
may be requested where such deviations are shown to further these
Rural Village design standards.
(14) Required vehicular parking and loading amounts and design
criteria:
(a) Single-family: On-site - As set forth in Division 2.3 of this
Code.
(b) Multi-family: On-site - 75% of the requirements set forth in
Division 2.3. Required on-site parking may be further
reduced on a space by spaces basis to 50% of the
requirements set forth in Divisions 2.3 for each on street
parking space located within 300 feet of the subject
building(s), provided such spaces have not been allocated
to another use. (b) The majority of parking spaces shall
be provided off-street in the rear of buildings, or along the
side (secondary streets). Parking is prohibited in front of
buildings.
(c) All other uses: 60% of the parking requirements set forth in
Division 2.3. Required on-site parking may be further
reduced on a space by spaces basis to 40% of the
requirements set forth in Divisions 2.3 for each on street
parking space located within 300 feet of the subject
building(s or within a public parking lot or parking garage,
provided such spaces have not been allocated to another
use.
(d) On-site parking areas shall be organized into a series of
small bays delineated by landscape islands of varied sized.
A maximum spacing between landscape islands shall be 10
TAL#531097.5 18 I
spaces. Landscape islands and tree diamonds shall have a
minimum of one canopy tree.
(e) Parking lots shall be accessed from alleys, service lanes or
secondary streets.
(f) Any or all of the above parking requirements may be
further reduced if a shared parking plan is submitted as part
of a Rural Village PUD or subsequent site development
plan application. The shared parking plan shall demonstrate
that the reduced parking is warranted as a result of the
following: shared building and/or block use(s) where
parking demands for certain uses are low when other
demands are higher; a concentration of residential dwelling
units located within 600 feet of non-residential uses; the
existence of transit for use by residents and visitors.
(15) Landscaping minimums within the Village Center or within
Neighborhood Centers shall be met by:
(a) Providing landscaping within parking lots as described, and
by providing a streetscape area between the sidewalk and
curb at a minimum of 5 Ft. in width;
(b) Planting street trees every 40 Ft. O.C. The street tree
pattern may be interrupted by architectural elements such
as arcades and columns.
(c) Plantings areas, raised planters, or planter boxes in the front
of and adjacent to the buildings, where such planting areas
do not interfere with pedestrian access and mobility.
(d) Providing for additional pubic use landscape areas at
intervals within the streetscape, on identified parcels with
blocks, or as part of public greens, squares, parks or civic
uses.
116) Signs: The PUD document shall adhere to the provisions of
Division 2.5 of this Code; however, deviations may be requested
where such deviations are shown to further these Rural Village
design standards by providing for pedestrian scale signage
standards with Neighborhood Centers or the Village Center.
5. NATIVE VEGETATION. Native vegetation shall be preserved as set forth in
3.9.4.3.A.
6. GREENBELT. Except within the NBMO Rural Village, a greenbelt averaging a
minimum of 500 feet in width, but not less than 300 feet in width, shall be
required at the perimeter of the Rural Village. The Greenbelt is required to ensure
a permanently undeveloped edge surrounding the Rural Village, thereby
discouraging sprawl. Greenbelts shall conform to the following:
a. Greenbelts may only be designated on RFMU Receiving Lands.
b. The allowable residential density shall be shifted from the designated
Greenbelt to the Rural Village.
c. The Greenbelt may be concentrated to a greater degree in areas where it is
necessary to protect listed species habitat, including wetlands and
TAL#531097.5 19
uplands, provide for a buffer from adjacent natural reservations, or
provide for wellfield or aquifer protection.
d. Golf courses and existing agriculture operations are permitted within the
greenbelt, subject to the vegetation retention standards set forth in Section
3.9.4.3.A. However,golf course turf areas shall only be located within
100 feet of the Greenbelt boundaries (interior and exterior boundary);
further, these turf areas shall only be located in previously cleared, or
disturbed areas.
7. OPEN SPACE: Within the Rural Village, a minimum of 70% of Open Space
shall be provided, inclusive of the Greenbelt.
8. PROCESS FOR APPROVAL OF A RURAL VILLAGE. Applications for
approval shall be submitted in the form of a Planned Unit Development (PUD)
rezone utilizing the standard form(s) developed by Collier County, and subject to
the Fees established for a PUD rezone application. Where applicable the Rural
Village PUD application will be submitted in conjunction with a Development of
Regional Impact (DRI) application as provided for in Chapter 380 of Florida
Statutes, or in conjunction with any other Florida provisions of law that may
supercede the DRI process. The Application for Rural Village PUD approval
shall demonstrate general compliance with the provisions of Section 2.2.20 and
shall include the following additional submittal requirements:
a. EIS. An environmental impact statement for the Rural Village and
surrounding Greenbelt area shall be submitted an accordance with the
requirements of Section 3.8 of this Code
b. DEMONSTRATION OF FISCAL NEUTRALITY. An analysis that
demonstrates that the Rural Village will be fiscally neutral to county
taxpayers outside of the Rural Village. This analysis shall evaluate the
demand and impacts on levels of service for public facilities and the cost of
such facilities and services necessary to serve the Rural Village. In
addition, this evaluation shall identify projected revenue sources for
services and any capital improvements that may be necessary to support
the Rural Village. In conclusion, this analysis shall indicate what
provisions and/or commitments will be to ensure that the provision of
necessary facilities and services will be fiscally neutral to County
taxpayers outside of the Rural Village. At a minimum, the analysis shall
consider the following:
(1) Stormwater/drainage facilities;
(2) Potable water provisions and facilities;
(3) Reuse or"Grey"water provisions for irrigation;
(4) Central sewer provisions and facilities;
(5) Law enforcement facilities;
(6) School facilities;
(7) Roads, transit, bicycle and pedestrian facilities and pathways;
(a) Solid Waste facilities.
(b) Development phasing and funding mechanisms to address
any impacts to level of service in accordance with the
County's adopted concurrency management program to
TAL#531097.5 20
ensure that there will be no degradation to the adopted level
of service for public facilities and infrastructure identified in
(1)through(7) above.
2.2.21/2.3. NEUTRAL LANDS. Neutral Lands have been identified for limited semi-rural
residential development. Available data indicates that Neutral Lands have a higher ratio
of native vegetation, and thus higher habitat values, than lands designated as RFMU
Receiving Lands, but these values do not approach those of RFMU Sending Lands.
Therefore, these lands are appropriate for limited development, if such development is
directed away from existing native vegetation and habitat. Within Neutral Lands, the
following standards shall apply:
A. ALLOWABLE USES. The following uses are permitted as of right:
1. USES PERMITTED AS OF RIGHT.
(a) Agricultural activities, including, but not limited to: Crop raisings
horticulture, fruit and nut production, forestry, groves, nurseries
ranching, beekeeping,poultry and egg production, milk production,
livestock raising, and aquaculture for native species subject to the
State of Florida Fish and Wildlife Conservation Commission.
Owning, maintaining or operating any facility or part thereof for the
following purposes is prohibited:
(1) Fighting or baiting any animal by the owner of such facility
or any other person or entity.
(2) Raising any animal or animals intended to be ultimately
used or used for fighting or baiting purposes.
(3) For purposes of this subsection, the term baiting is defined
as set forth in § 828.122(2)(a), F.S., as it may be amended
from time to time.
(b) Single-family residential dwelling units, including mobile homes
where a Mobile Home Zoning Overlay exists.
(c) Dormitories, duplexes and other types of staff housing, as may be
incidental to, and in support of, conservation uses.
(d) Group housing uses subject to the following density/intensity
limitations:
(e) Family Care Facilities: 1 unit per 5 acres;
(f) Group Care Facilities and other Care Housing Facilities:
Maximum Floor Area Ratio (FAR)not to exceed 0.45.
(g) Staff housing as may be incidental to, and in support of, safety
service facilities and essential services.
(h) Farm labor housing limited to 10 acres in any single location:
(1) Single family/duplex/mobile home: 11 dwelling units per
acre;
(2) Multifamily/dormitory: 22 dwelling units/beds per acre.
(i) Sporting and Recreational camps, not to exceed 1 cabin/lodging
unit per 5 gross acres.
(j) Those Essential services identified in Section 2.6.9.1.A.
(k) Golf courses or driving ranges, subject to the following standards:
TAL#531097.5 21
(1) Golf courses shall be designed, constructed, and managed in
accordance with Audubon International's Gold Signature
Program.
(2) In order to prevent the contamination of soil, surface water
and ground water by the materials stored and handled by
golf course maintenance operations, golf courses shall
comply with the Best Management Practices for Golf
Course Maintenance Departments,prepared by the Florida
Department of Environmental Protection, May 1995.
(3) To protect ground and surface water quality from fertilizer
and pesticide usage, golf courses shall demonstrate the
following management practices:
01 The use of slow release nitrogen sources;
(b) The use of soil and plant tissue analysis to adjust
timing and amount of fertilization applications:,
(c) The use of an integrated pest management program
using both biological and chemical agents to control
various pests;
(d) The coordination of pesticide applications with the
timing and application of irrigation water;
(e) The use of the procedure contained in IFAS Circular
1011,Managing Pesticides for Golf Course
Maintenance and Water Quality Protection, May
1991 (revised 1995) to select pesticides that will
have a minimum adverse impact on water quality.
(4) To ensure water conservation, golf courses shall incorporate
the following in their design and operation:
(a) Irrigation systems shall be designed to use weather
station information and moisture-sensing systems to
determine the optimum amount of irrigation water
needed considering soil moisture and
evapotranspiration rates.
(b) As available, golf courses shall utilize treated
effluent reuse water consistent with Sanitary Sewer
Sub-Element Objective 1.4 and its policies.
(c) Native plants shall be used exclusively except for
special purpose areas such as golf greens, fairways,
and building sites. Within these excepted areas,
landscaping plans shall require that at least 75% of
the trees and 50% of the shrubs be freeze-tolerant
native Floridian species. At least 75% of the
required native trees and shrubs shall also be
drought tolerant species.
(5) Stormwater management ponds shall be designed to mimic
the functions of natural systems: by establishing shorelines
that are sinuous in configuration in order to provide
TAL#531097.5 22
increased length and diversity of the littoral zone. A
Littoral shelf shall be established to provide a feeding area
for water dependent avian species. The combined length of
vertical and rip-rapped walls shall be limited to 25% of the
shoreline. Credits to the site preservation area
requirements, on an acre- to- acre basis, shall be given for
littoral shelves that exceed these littoral shelf area
requirements.
(6) Site preservation and native vegetation retention
requirements shall be the same as those set forth in the
RFMU District criteria. Site preservation areas are
intended to provide habitat functions and shall meet
minimum dimensions as set forth in the Land Development
Code. These standards shall be established within one
year.
(1) Public and private schools, subject to the following criteria:
(1) Site area and school size shall be subject to the General
Educational Facilities Report submitted annually by the
Collier County School Board to the Board of County
Commissioners.
(2) The Site must comply with the State Requirements for
Educational Facilities adopted by the State Board of
Education.
(3) The site shall be subject to all applicable State or Federal
regulations.
(m) Oil and gas exploration subject to state drilling permits and Collier
County Site Development Plan review procedures. Where
practicable, directional-drilling techniques and/or previously
cleared or disturbed areas shall be utilized for oil and gas
exploration in order to minimize impacts to native habitats, where
determined to be practicable. This requirement shall be deemed
satisfied upon issuance of a state permit requiring compliance with
the criteria established in Chapter 62C-30. F.A.C. Nothing
contained herein alters the requirement to obtain conditional use
permits for oil and gas field development and production activities.
2. ACCESSORY USES. The following uses are permitted as accessory to
uses permitted as of right or to approved conditional uses:
(a) Accessory Uses and structures that are accessory and incidental to
uses permitted as of right in Section 2.2.2%2.3.2 above.
(b) Recreational facilities that serve as an integral part of a residential
development and have been designated, reviewed, and approved
on a site development plan or preliminary subdivision plat for that
development. Recreational facilities may include, but are not
limited to clubhouse, community center building, tennis facilities,
playgrounds and playfields.
TAL#531097.5 23
3. CONDITIONAL USES. The following uses are permissible as
conditional uses subject to the standards and procedures established in
division 2.7.4
(a) Zoo, aquarium, botanical garden, or other similar uses.
(b) Community facilities, such as, places of worship, childcare
facilities, cemeteries, social and fraternal organizations.
(c) Sports instructional schools and camps.
(d) Those Essential Services identified in 2.6.9.2.B.
(e) Oil and gas field development and production subject to state
development permits. Where practicable, directional drilling
techniques and/or previously cleared or disturbed lands shall be
utilized to minimize impacts to native vegetation.
B. DENSITY
1. MAXIMUM GROSS DENSITY. The maximum gross density in Neutral
Lands shall not exceed one dwelling unit per five gross acres (0.2 Dwelling
units per acre), except that the maximum gross density for those legal
nonconforming lots or parcels in existence as of June 22, 1999, shall be
one dwelling unit per lot or parcel.
2. RESIDENTIAL CLUSTERING. Clustering of residential development is
allowed and encouraged. Where clustered development is employed, it
shall be in accordance with the following provisions:
a. If within the boundaries of the Rural Transition Water and Sewer
District, and consistent with the provisions of the Potable Water and
Sanitary Sewer Sub-elements of this Plan, central water and sewer
shall be extended to the project. Where County sewer or water
services may not be available concurrent with development in
Neutral Lands, interim private water and sewer facilities may be
approved.
b. The clustered development shall be located on the site so as to
provide to the greatest degree practicable:
(1) protection for listed species habitat;
(2) preservation of the highest quality native vegetation;
(3) connectivity to adjacent natural reservations or preservation
areas on adjacent developments; and
(4) creation, maintenance or enhancement of wildlife corridors.
c. The minimum project size shall be at least 40 acres.
C. DIMENSIONAL AND DESIGN STANDARDS. Dimensional and Design
Standards set forth in Section 2.2.2.4 of this Code shall apply to all development
in Neutral Lands, except for development utilizing the residential clustering
provisions in paragraph 2.2.2Y2.3.B.2. above. In the case of such clustered
development, the following dimensional standards shall apply to all permitted
housing structure types, accessory, and conditional uses:
1. For Development not utilizing Clustering per Section 2.2.2'/2.3.B.2, above:
a. MINIMUM LOT AREA: 5 Acres.
b. MINIMUM LOT WIDTH: 165 Feet.
TAL#531097.5 24
c. MINIMUM YARD REQUIREMENTS:
(1) Front Yard: 50 feet
(2) Side Yard: 30 feet
(3) Rear Yard: 50 feet
(4) Nonconforming lots in existence as of June 22, 1999:
i. Front Yard: 40 feet.
ii. Side Yard: 10 percent of lot width, not to exceed 20
feet on each side.
iii. Rear Yard: 50 feet.
2. For single-family development utilizing Clustering per Section
22.2.2Y2.3.B.2, above:
a. Minimum Lot Area: 4,500 square feet.
b. Maximum Lot Area: One Acre.
c. Minimum Lot Width: Interior lots 40 feet.
d. Maximum Lot Width: 150 feet.
3. HEIGHT LIMITATIONS
(a) Principal: 35 feet
(b) Accessory: 20 feet, except for screen enclosures, which may be the
same height as the principal structure.
(c) Golf course/community clubhouses: 50 feet
4. FLOOR AREA. The minimum floor area for each dwelling unit shall be
800 square feet.
5. PARKING. As required in division 2.3.
6. LANDSCAPING. As required in division 2.4.
7. SIGNS: As required in division 2.5.
D. NATIVE VEGETATION RETENTION. Native vegetation shall be preserved as
set forth in Section 3.9.4.3.
E. USABLE OPEN SPACE:
1. Usable Open Space: Projects greater than 40 acres in size shall provide a
minimum of 70%usable open space.
2. Usable Open Space includes active or passive recreation areas such as
parks,playgrounds, golf courses, waterways, lakes, nature trails, and other
similar open spaces. Usable Open Space shall also include areas set aside
for conservation or preservation of native vegetation and landscape areas.
3. Open water beyond the perimeter of the site, street right-of-way, except
where dedicated or donated for public uses, driveways, off-street parking
and loading areas, shall not be counted towards required Usable Open
Space.
2.2.2%2.4. RFMU SENDING LANDS. RFMU Sending Lands are those lands that have the
highest degree of environmental value and sensitivity and generally include significant
wetlands, uplands, and habitat for listed species. RFMU Sending Lands are the principal
target for preservation and conservation. Density may be transferred from RFMU
Sending Lands as provided in Section 2.6.39.3. All NRPAs within the RFMU District are
also RFMU Sending Lands. With the exception of specific provisions applicable only to
NBMO Neutral Lands, the following standards shall apply within all RFMU Sending
^ Lands:
TAL#531097.5 25
A. ALLOWABLE USES WHERE TDR CREDITS HAVE NOT BEEN SEVERED
1. USES PERMITTED AS OF RIGHT
a. Agricultural uses consistent with Chapter 823.14(6)Florida
Statutes (Florida Right to Farm Act).
b. Detached single-family dwelling units, including mobile homes
where the Mobile Home Zoning Overlay exists,
c. Habitat preservation and conservation uses.
d. Passive parks and other passive recreational uses.
e. Sporting and Recreational camps,within which the lodging
f. Those Essential Services identified in 2.6.9.1.B.
g. Oil and gas exploration subject to state drilling permits and Collier
County Site Development Plan review procedures. Directional-
drilling techniques and/or previously cleared or disturbed areas
shall be utilized for oil and gas exploration and oil and gas field
development and production activities in Sending Lands in order to
minimize impacts to native habitats, where determined to be
practicable. This requirement shall be deemed satisfied upon
issuance of a state permit requiring compliance with the criteria
established in Chapter 62C-30. F.A.C. Nothing contained herein
alters the requirement to obtain conditional use permits for oil and
gas field development and production activities.
2. ACCESSORY USES. Accessory Uses and structures that are accessory
and incidental to uses permitted as of right in Section 2.2.2%2.4.2 above.
3. CONDITIONAL USES.
a. Those Essential services identified in Section 2.6.9.2.C.
b. Public facilities, including solid waste and resource recovery
facilities, and public vehicle and equipment storage and repair
facilities, shall be permitted within Section 25, Township 49S,
Range 26E, on lands adjacent to the existing County landfill. This
shall not be interpreted to allow for the expansion of the landfill
into Section 25 for the purpose of solid waste disposal.
c. Oil and gas field development and production subject to state
development permits. Directional-drilling techniques and/or
previously cleared or disturbed areas shall be utilized for oil and gas
exploration and oil and gas field development and production
activities in Sending Lands in order to minimize impacts to native
habitats, where determined to be practicable. This requirement
shall be deemed satisfied upon issuance of a state permit requiring
compliance with the criteria established in Chapter 62C-30. F.A.C.
Nothing contained herein alters the requirement to obtain
conditional use permits for oil and gas field development and
aroduction activities.
d. Commercial uses accessory to permitted uses l.a, l.c. and l.d
above, such as retail sales of produce accessory to farming, or a
restaurant accessory to a park or preserve, so long as restrictions or
TAL#531097.5 26
limitations are imposed to insure the commercial use functions as
an accessory, subordinate use.
B. USES ALLOWED WHERE TDR CREDITS HAVE BEEN SEVERED
1. USES PERMITTED AS OF RIGHT
a. Agricultural uses consistent with Chapter 823.14(6)Florida Statutes
(Florida Right to Farm Act), including water management facilities,
to the extent and intensity that such operations exist at the date of
any transfer of development rights.
b. Cattle grazing on unimproved pasture where no clearing is required;
c. Detached single-family dwelling units, including mobile homes
where the Mobile Home Zoning Overlay exists, at a maximum
density of one dwelling unit per 40 acres. In order to retain these
development rights after any transfer, up to one dwelling must be
retained(not transferred) per 40 acres.
d. One detached dwelling unit, including mobile homes where the
Mobile Home Zoning Overlay exists, per lot or parcel in existence
as of June 22, 1999, that is less than 40 acres. In order to retain
these development rights after any transfer, up to one dwelling must
be retained (not transferred)per each lot or parcel. For the purposes
of this provision, a lot or parcel shall be deemed to have been in
existence as of June 22, 1999, upon a showing of any of the
following:
(a) the lot or parcel is part of a subdivision that was recorded in
the public records of the County on or before June 22, 1999;
(b) a description of the lot or parcel,by metes and bounds or
other specific legal description,was recorded in the public
records of the County on or before June 22, 1999; or
(c) an agreement for deed for the lot or parcel,which includes
description of the lot or parcel by limited fixed boundary,
was executed on or before June 22, 1999.
e. Habitat preservation and conservation uses.
f. Passive parks and passive recreational uses.
g. Those Essential Services identified in 2.6.9.1.B.
h. Oil and gas exploration subject to state drilling permits and Collier
County Site Development Plan review procedures. Directional-
drilling techniques and/or previously cleared or disturbed areas
shall be utilized for oil and gas exploration and oil and gas field
development and production activities in Sending Lands in order to
minimize impacts to native habitats, where determined to be
practicable. This requirement shall be deemed satisfied upon
issuance of a state permit requiring compliance with the criteria
established in Chapter 62C-30. F.A.C., regardless of whether the
Sending Lands in which oil and gas exploration and oil and gas
field development and production activities is within the Big
Cypress Swamp. Nothing contained herein alters the requirement
TAL#531097.5 27
to obtain conditional use permits for oil and gas field development
and production activities.
2. CONDITIONAL USES
a. Those Essential Uses identified in 2.6.9.2.C.
b. Oil and gas field development and production subject to state
development permits. Directional-drilling techniques and/or
previously cleared or disturbed areas shall be utilized for oil and gas
exploration and oil and gas field development and production
activities in Sending Lands in order to minimize impacts to native
habitats, where determined to be practicable. This requirement
shall be deemed satisfied upon issuance of a state permit requiring
compliance with the criteria established in Chapter 62C-30. F.A.C.
Nothing contained herein alters the requirement to obtain
conditional use permits for oil and gas field development and
production activities.
c. Conditional use approval criteria: In addition to the criteria set
forth in Section 2.74.4 of this Code, the following additional criteria
shall apply to the approval of conditional uses within RFMU
Sending Lands:
1. The applicant shall submit a plan for development that
demonstrates that wetlands, listed species and their habitat
are adequately protected as specified in Division 3.8.
2. Conditions may be imposed, as deemed appropriate,to limit
the size, location, and access to the conditional use.
C. DENSITY. 1.0 dwelling units per 40 gross acres, except that any legal
nonconforming lot which existed as of June 22, 1999, shall be entitled to one
dwelling unit per each nonconforming lot or parcel. For the purpose of this
provision, a lot or parcel which is deemed to have been in existence on or before
June 22, 1999 is 1) a lot or parcel which is part of a subdivision recorded in the
public records of Collier County, Florida; or 2) a lot or parcel which has limited
fixed boundaries, described by metes and bounds or other specific legal
description, the description of which has been recorded in the public records of
Collier County Florida on or before June 22, 1999; or 3) a lot or parcel which has
limited fixed boundaries, for which an agreement for deed was executed prior to
June 22, 1999.
D. NATIVE VEGETATION RETENTION. As required in Section 3.9.4.3.
E. OTHER DIMENSIONAL DESIGN STANDARDS. Dimensional standards set
forth in Section 2.2.2.4 of this Code shall apply to all development in Sending
designated lands of the RFMU District, except as follows:
1. LOT AREA AND WIDTH
a. Minimum Lot Area: 40 acres.
b. Minimum Lot Width: 300 Feet.
2. PARKING. As required in division 2.3.
3. LANDSCAPING. As required in division 2.4.
4. SIGNS. As required in division 2.5.
TAL#531097.5 28
r. 10/1603 DRAFT
TAB B
SECTION 2.2.17
CONSERVATION DISTRICT
TAL#531099.2 1
10/1603 DRAFT
SECTION 2.2.17 CONSERVATION DISTRICT
2.2.17 CONSERVATION DISTRICT
2.2.17.1 PURPOSE AND INTENT
2.2.17.2 ALLOWABLE USES
A. PERMITTED USES
B. USES ACCESSORY TO PERMITTED USES
C. CONDITIONAL USES
2.2.17.3 DESIGN CRITERIA
A. DIMENSIONAL STANDARDS
1. MINIMUM LOT AREA
2. MINIMUM LOT WIDTH
3. MINIMUM YARD REQUIREMENTS
4. MAXIMUM HEIGHT
B. MAXIMUM DENSITY AND INTENSITY
1. SINGLE FAMILY DWELLINGS AND MOBILE HOMES
2. FAMILY CARE FACILITIES
3. GROUP CARE FACILITIES
4. SPORTING AND RECREATIONAL CAMPS
5. STAFF HOUSING
C. OFF-STREET PARKING
D. LANDSCAPING
E. SIGNS
Sec. 2.2.17. Conservation District (CON District).
2.2.17.1. Purpose and intent. The purpose and intent of the eConservation district(CON
District) is to conserve,protect and maintain vital natural resources within unincorporated
Collier County that are owned primarily by the public. All native habitats possess ecological
and physical characteristics that justify attempts to maintain these important natural
resources. Barrier Islands, coastal bays,wetlands, and habitat for listed species deserve
particular attention because of their ecological value and their sensitivity to perturbation. All
proposals for development in the CON District must be subject to rigorous review to ensure
that the impacts of the development do not destroy or unacceptably degrade the inherent
functional values. The CON district includes such public lands as Everglades National Park,
Big Cypress National Preserve, Florida Panther National Wildlife Refuge,portions of the
Big Cypress Area of Critical State Concern, Fakahatchee Strand State Preserve, Collier-
Seminole State Park, Rookery Bay National Estuarine Sanctuary Research Reserve, Delnor-
Wiggins State Park, and the National Audubon's Corkscrew Swamp Sanctuary Orivately
owned), and C.R.E.W. It is the intent of the CON district to require review of all
TAL#531099.2 2
development proposed within the CON dDistrict to ensure that the inherent value of Collier
County's natural resources is not destroyed or unacceptably altered. The CON dDistrict
corresponds to and implements the conservation land use designation on the future land use
map of the Collier County growth management plan. - - . . . .= ._ -• _ -
2.2.17.2. Permitted Allowable uses. The following uses are permitted as of right, or as uses
. . - , allowed in the CON District.
2.2.17.2.1 A. Permitted uses.
1. On privately held land only, single family dwelling units, and
mobile homes where the Mobile Home Zoning Overlay exists.
2. On publicly and privately held lands only, dormitories, duplexes and other types of
housing, as may be incidental to, and in support of, conservation uses.
3. Passive parks, and other passive recreational uses, including, but not limited to:
27a. Oopen space and recreational uses
b. Bbiking, hiking, canoeing, and nature trails
c. Bequestrian paths-; and
d. Nnature preserves and wildlife sanctuaries.
4. Habitat preservation and conservation uses.
5. Family and Group Care Facilities.
6. Single family dwellings.
6. Sporting and Recreational camps incidental to Conservation uses on public lands; or,
on privately held lands,
7. Agricultural uses that fall within the scope of sections 163.3214(4) and 823.14(6)
Florida Statutes.
7-78.0i1 ., . _• - : . . . . __ . _ - ..•
., . . •_ . .,
•
. - •= - . - extraction and related processing, using
directional drilling and/or previously cleared or disturbed areas, where practicable, in
order to minimize impacts to native habitats.
9. The following Essential Services:
a. Private wells and septic tanks necessary to serve uses identified inl through 8
above.
b. Utility lines necessary to serve uses identified inl through 8 above, with the
exception of sewer lines.
c. Sewer lines and lift stations if all of the following criteria are satisfied:
(1) Such sewer lines or lift stations shall not be located in any NRPA Lands in the
CON District;
(2) Such sewer lines or lift stations shall be located with already cleared portions
of existing rights-or-way or easements; and
(3) Such sewer lines or lift stations are necessary to serve a central sewer system
that provides service to Urban Areas or to the Rural Transition Water and
Sewer District
TAL#531099.2 3
d. Water pumping stations necessary to service a central water system providing
service to Urban Areas and/or the Rural Transition Water and Sewer District.
2.2.17.2.2. B. Uses accessory to permitted uses. Uses and structures that are accessory and
incidental to uses permitted as of right in the CON district.
2.2.17.3. C. Conditional uses. The following uses are permitted as conditional uses in the
CON, subject to the standards and procedures established in
division 2.7.4 and further subject to: 1) submission of a plan for development as
part of the required EIS that demonstrates that wetlands, listed species and their
habitat are adequately protected; and 2) conditions which may be imposed by the
Board of County Commissioners, as deemed appropriate, to limit the size,
location, and access to the conditional use.
1. Extraction and related procession and production.
2. Churches and houses of worship.
3. Cemeteries.
1. Schools.
5. Earthmining.
6. Agriculture.
7. Oil and gas field development and production, subject to state field
1. Those Essential Services necessary for the public safety.
2. Commercial uses accessory to permitted uses A.3, A.4, and A.7 above,
such as retail sales ofproduce accessory to farming, or a restaurant
accessory to a park or preserve, so long as limitations are imposed to
ensure that the commercial use functions as a subordinate use.
3. Staff housing in conjunction with safety service facilities and essential
services.
2.2.17.4. Design Criteria.
A. Dimensional standards. The following dimensional standards shall apply to all permitted
and accessory uses in the conservation district(CON).
2.2.17.4.1. 1. Minimum lot area. Five acres. Each dwelling unit, other than for staff housing and
sporting and recreational camps, must be physically situated on a minimum five acre
parcel except within the Big Cypress National Preserve, where each dwelling unit must
be physically situated on a minimum 3 acre parcel, except for those legal nonconforming
lots or parcels in existence as of June 22, 2002, of less than five acres outside of the Big
Cypress National Preserve and of less than 3 acres within the Big Cypress National
Preserve.
2.2.17.4.2. 2.Minimum lot width. One hundred fifty feet.
2.2.17.4.2 3.Minimum yard requirements.
TAL#531099.2 4
4-a. Front yard. 50 feet.
fib. Side yard. 50 feet.
3.c.Rear yard. 50 feet.
2.2.17.4.4. 4.Maximum height. Thirty-five feet.
2.2.17.4.5. B.Maximum density and intensity.
1. Single family dwellings and mobile homes
4-) a. One dwelling unit for each five gross acres or one dwelling unit for each legal,
nonconforming lot or parcel in existence as of June 22, 2002 of less than five
acres, except within the Big Cypress National Preserve.
2 b. Within the Big Cypress National Preserve, one dwelling unit per 3 gross acres,
or one dwelling unit per legal, nonconforming lot or parcel in existence as of June
22, 2002 of less than 3 acres, within the Big Cypress National Prosorvc the
2. Family Care Facilities: 1 unit per 5 acres.
3. Group Care Facilities and other Care Housing Facilities: maximum floor area ratio
not to exceed 0.45.
4. Sporting and Recreational Camps: 1 lodging unit per 5 gross acres, which may be
achieved through clustering.
5. Staff housing: 1 lodging unit per 5 gross acres, which may be achieved through
clustering.
2.2.17.1.6. C. Off-street parking. As required in division 2.3.
2.2.17.4.7. D.Landscaping. As required in division 2.4.
2.2.17.4.8 E. Signs. As required in division 2.5.
TAL#531099.2 5
10/16/03 DRAFT
TAB C
2.2.27 RLSA DISTRICT
DESIGN STANDARDS
BASELINE STANDARDS
TAL#531101.4 1
it
n
10/16/03 DRAFT
2.2.27. RURAL LANDS STEWARDSHIP AREA(RLSA) ZONING OVERLAY DISTRICT—
STEWARDSHIP REGULATIONS (RLSA DISTRICT REGULATIONS)
2.2.27.1. Purpose and Intent
2.2.27.2. Definitions
1. Baseline Standards
2. Compact Rural Development (CRD)
2. Context Zones
374. Designation
4.5. FSA Flow way Stewardship Area
5.6. Hamlet
677. HSA-- Habitat Stewardship Area
778. Land Use—Land Cover Indices
879. Land Use Layer (Layer)
9710. Land Use Matrix (Matrix)
-1-0711. Listed Species Habitat Indices
44-12. Natural Resource Index (Index)
4-2,13. Natural Resource Index Map Series (Index Maps)
43714. Natural Resource Index Value (Index Value)
15. Neighborhood Edge
16. Neighborhood General
17. Neighborhood Goods and Services Zones
4418. Open Space
45719. Post Secondary Institution Ancillary Uses
4-6:20.Proximity Indices
421. Restoration Potential Indices
4-8722. Restoration Zone
4-9723. RLSA District
20.24. RLSA Overlay Map
24-25. RLSA District Regulations
22.26. Soils/Surface Water Indices
27. Special District
23-27. SRA
24:28. SSA
TAL#531101.4 2
2-5,29. Stewardship Credit (Credit)
26.30. Stewardship Credit Database
27,31. Stewardship Credit System
28.32. Stewardship Credit Worksheet
23.33. Stewardship Overlay Designation
30.34. Town
35. Town Center
36. Town Core
3-1-37. Village
38. Village Center
32.39. WRA-Water Retention Area
2.2.27.3 Establishment of RSLA Zoning Overlay District
A. RLSA District Zoning Map
B. Additional Land Designations With the RLSA District
1. Establishment of SSA Designations
2. Establishment of SRA Designations
2.2.27.4. Establishment of Land Uses Allowed in the RSLA District
2.2.27.5 Establishment of a Stewardship Credit Database
2.2.27.6. Authorization to Establish a Stewardship Credit Trust
2.2.27.7. General
A. Creation of Stewardship Credits/General
B. Transfer of Stewardship Credits/General
C. Allocation of Stewardship Credits/General
D. Five Year Comprehensive Review
2.2.27.8. Lands Within the RLSA District Prior to SSA or SRA Designation
A. Private Lands Delineated FSAs, HSAs, and WRAs
B. Private Lands Delineated as Open
C. Area of Critical State Concern(ACSC)
D. Public or Private Conservation Lands
E. Baseline Standards
F. No Increase in Density or Intensity in excess of
Baseline Standards
G. Lands Within RSLA District Not Designated SSA or SRA Subject to
/'1 Special Environmental Standards
TAL#531101.4 3
2.2.27.9. SSA Designation
A. Lands Within the RLSA District that can be Designated as SSAs
1. May be Within an SRA Boundary
2. FSA Delineated Lands
3. HSA Delineated Lands
4. WRA Delineated Lands
B. SSA Credit Generation- Stewardship Credit System
1. Early Entry Bonus Credits
2. Credit Worksheet
3. Natural Resource Indices and Values
a. Natural Resource Indices
b. Index Values
c. Slough/Strand Index Score Upgrade
d. Index Map
e. Restoration Potential Index
f. Restoration Stewardship Credits
4. Land Use Layers to be Eliminated
a. Land Use Layers
b. Land Use Matrix
5. Matrix Calculation
C. SSA Designation Application Package
1. SSA Designation Application
2. Application Fee
3. Natural Resource Index Assessment
4. Support Documentation
5. SSA Credit Agreement
6. Public Hearing for Credit Agreement
7. Recording of SSA Memorandum
8. Stewardship Easement Agreement or Deed
D. SSA Application Review Process
1. Preapplication Confernce with County Staff
2. Application Package Submittal and Processing Fees
3. Application Deemed Sufficient for Review
4. Review by County Reviewing Agencies
5. Designation Review
6. Designation Report
E. SSA Application Approval Process
1. Public Hearing
2. Legal Description
3. Update the RLSA Overlay Map and Official Zoning Atlas
F. SSA Amendments
2.2.27.10. SRA Designation
A. Lands Within the RLSA District That Can Be
Designated as SRAs
1. Suitability Criteria
2. SRAs Within the ACSC
TAL#531101.4 4
B. Establishment and Transfer of Stewardship Credits
1. Transfer of Credits
2. Stewardship Credit Exchange
3. Public Benefit Uses
4. Mixed Land Use Entitlements
C. Forms of SRA Developments
1. Towns
2. Villages
3. Hamlets
4. Compact Rural Developments (CRDs)
a. Size of CRDs limited
b. CRDs within the ACSC
5. Proportion of Hamlets and CRDs to Villages and Towns
6. SRAs as Part of a Development of Regional Impact (DRI)
D. SRA Designation Application Package
1. SRA Designation Application
2. Application Fee
3. Natural Resource Index Assessment
4. Natural Resource Index Assessment Support Documentation
5. SRA Master Plan
6. SRA Development Document
7. SRA Public Facilities Impact Assessment Report
n 8. SRA Economic Assessment Report
9. Stewardship Credit Use and Reconciliation Application 29
10. Conditional SRA Designation
11. SRA Credit Agreement
E. SRA Application Review Process
1. Pre-Application Conference with County Staff
2. Application Package Submittal and Processing Fees
3. Application Deemed Sufficient for Review
4. Review by County Reviewing Agencies
5. Staff Review
6. Staff Report
F. SRA Application Approval Process
1. Public Hearings Required
a. Public Hearing Before EAC,recommendation to the BCC
b. Public Hearing Before the CCPC, Recommendation to the BCC
c. Public Hearing Before the BCC, Resolution Approved
2. Update Stewardship Credits Database
3. Update the Official Zoning Atlas and the RLSA Overlay Map
4. SRA Amendments
a. Waiver of Required SRA Application Package
Component(s)
b. Approval of Minor Changes by the Administrator
c. Relationship to Subdivision or Site Development
Plan Approval
TAL#531101.4 5
G. Master Plan
1. Master Plan Requirements
2. Master Plan Content
H. Development Document
DRI Master Plan
J. Design Criteria
1. SRA Characteristics
2. Town Design Criteria[Reserved]
a. General Design Criteria
b. Transportation Network
c. Open Space and Parks
d. Context Zones
(1) Town Core
c2) Town Center
(3) Neighborhood General
(4) Neighborhood Edge
(5) Special District
3. Village Design Criteria[Rcscrvcd]
a. General criteria
b. Buffers
c. Transportation Network
d. Open Space and Parks
n e. Context Zones
(1) General
(2) Village Center
(3) Neighborhood General
(4) Neighborhood Edge
(5) Special District
4. Hamlet Design Criteria[Rcscrvcd]
a. General
b. Open spaces and parks
c. Context Zones
(1) Neighborhood General
(2) Neighborhood Edge
5. CRD Design Criteria[Rcscrvcd]
a. General
b. Example
6. Design Criteria Common to SRAs
7. Infrastructure Required
8. Requests for Deviations from the LDC
K. SRA Public Facilities Impact Assessments
1. Transportation
2. Potable Water
3. Irrigation Water
4. Wastewater
/` 5. Solid Waste
TAL#531101.4 6
6. Stormwater Management
L. SRA Economic Assessment
1. Demonstration of Fiscal Neutrality
a. Collier County Fiscal Impact Model
b. Alternative Fiscal Impact Model
2. Monitoring Requirement
3. Imposition of Special Assessments
4. Special Districts Encouraged
2.2.27.11. Baseline Standards[Rcscrvcd]
A. Purpose and Intent
B. Allowable Uses
C. Allowable Density and Intensity
D. Standards Applicable to FSAs, HSAs, and WRAs Within the ACSC
E. Standards Applicable to FSAs, HSAs, and WRAs, Outside the ACSC
F. Standards Applicable to Wetlands Located Outside FSAs, HSAs, WRAs, and the
ACSC
1. Preservation Criteria
2. Mitigation Requirements
G. Standards Applicable Throughout the RLSA District
1. General Standards for Protecting Listed Species and Habitat
2. Species Specific Standards
3, Management Plans
4. References
5. Native Vegetation Retention
6. Golf Courses
H. Environmental Impact Statement
2.2.27 Rural Lands Stewardship Area Overlay District Design Standards
2.2.27.1 No change.
2.2.27.2 Definitions. As used in the RLSA District Regulations, the terms below shall have the
following meanings:
1. —2. No change.
3. Context Zones:
r Renumber 3. through 13. to 4. through 14.
TAL#531101.4 7
,-� 15. Neighborhood Edge:
16. Neighborhood General:
17. Neighborhood Goods and Services Zones:
Renumber 14. through 22. to 18. through 26.
27. Special District:
Renumber 23. through 30. to 28. through 34.
35. Town Center:
36. Town Core:
Renumber 31. to 37.
38. Village Center:
Renumber 32. to 39.
2.2.27.10. SRA Designation
J. No change.
1. No change.
2. Town Design Criteria.
a. General design criteria.
(1) Shall be compact, pedestrian-friendly and mixed-use;
(2) Shall create an interconnected street system designed to disperse and reduce the
length of automobile trips;
(3) Shall offer a range of housing types and price levels to accommodate diverse ages
and incomes; Accessory dwelling units shall not count towards the maximum
allowed density.
(4) Shall include school sites that are sized and located to enable children to walk or
bicycle to them;
(5) Shall provide a range of open spaces including neighborhood and community
parks, squares and playgrounds distributed throughout the community;
(6) Shall include both community and neighborhood scaled retail and office uses;
(7) Shall have urban level services and infrastructure which supports development
that is compact, including water management facilities and related structures,
lakes, community and neighborhood parks, trails, temporary construction, sales
and administrative offices for authorized contractors and consultants, landscape
TAL#531101.4 8
and hardscape features, fill storage, and site filling and grading, which are allowed
uses throughout the community.
(8) Shall be designed in a progressive rural to urban continuum with the greatest
density, intensity and diversity occurring within the Town Core, to the least
density, intensity and diversity occurring within the Neighborhood Edge:,
(9) Shall provide sufficient transition to the adjoining use, such as active agriculture
pasture, rural roadway, etc., and compatibility through the use of buffering, open
space, land use, or other means;
(10) Shall include a minimum of three Context Zones: Town Core, Town Center and
Neighborhood General, each of which shall blend into the other without the
requirements of buffers; and
(11) Shall include the Context Zone of Neighborhood Edge;
b. Transportation Network
(1)The transportation network shall provide for a high level of mobility for all
residents through a design that respects the pedestrian and accommodates the
automobile.
(2)The transportation network shall be designed in an interconnected grid-system.
(3) Streets shall be designed in accordance with the cross-sections provided herein, or
alternatively, County transportation staff may approve additional cross-sections
/-N needed to meet design objectives.
c. Open Space and Parks
(1)Towns shall have a minimum of 35% open space.
(2)Towns shall have community parks that include sports fields and facilities with a
minimum level of services of 200 square feet per dwelling unit in the Town.
(3)Towns shall have passive or active parks,playgrounds,public plazas or
courtyards as appropriate within each Context Zone.
d. Context Zones. Context Zones are intended to guide the location of uses and their
intensity and diversity within a Town, and provide for the establishment of the urban
to rural continuum.
(1) Town Core. The Town Core shall be the civic center of a Town. It is the most
dense and diverse zone, with a full range of uses within walking distance. The
Core shall be a primary pedestrian zone with buildings positioned near the right-
of-way, wide sidewalks shall be shaded through streetscape planting, awnings and
other architectural elements. Parking shall be provided on street and off street in
the rear of buildings within lots or parking structures. Signage shall be pedestrian
scale and designed to compliment the building architecture. The following design
criteria shall apply within the Town Core, with the exception of civic or
institutional buildings, which shall not be subject to the building height, building
placement, building use, parking, and signage criteria below, but, instead, shall
be subject to specific design standards set forth in the SRA Development
TAL#531101.4 9
Document that address the perspective of these buildings' creating focal points,
terminating vistas and significant community landmarks.
(a) Uses—commercial, retail, office, civic, institutional, light industrial and
manufacturing, essential services, residential, parks and accessory uses.
Such uses may occur in shared use buildings or single use buildings.
(b)The total building area within each block shall not exceed a floor area ratio of
4.
(c) Retail and offices uses per block shall not exceed a floor area ratio of 0.5.
(d) Civic uses per block shall not exceed a floor area ratio of 0.6.
(e) Light industrial and manufacturing uses per block shall not exceed a floor area
ratio of 0.45.
(f) The density of transient lodging uses shall not exceed 26 dwelling units per
Town Core gross acre.
(g)The maximum building height shall be 8 stories.
(h)There shall be no minimum lot size.
(i) The maximum block perimeter shall be 2500 Ft.
(j) Minimum setbacks from all property boundaries shall be 0 feet and the
maximum setback from the front boundary shall be 10 feet.
n (k) Overhead encroachments such as awnings, balconies, arcades and the like,
shall maintain a clear distance of 9 feet above the sidewalk and 15 feet above
the street.
(1) Seating for outdoor dining shall be permitted to encroach the public sidewalks
and shall leave a minimum 6-foot clear pedestrian way between the outdoor
dining and the streetscape planting area.
(m) Buildings within the Town Core shall be made compatible through similar
massing, volume, frontage, scale and architectural features. The SRA
document shall identify the process for architectural review and approval
through the applicant's establishment of an architectural review board. The
architectural review board shall also review for compliance with the landscape
requirements.
(n) The majority of parking spaces shall be provided off-street in the rear of
buildings, or along the side(secondary streets), organized into a series of
small bays delineated by landscape islands of varied sized. A maximum
spacing between landscape islands shall be 10 spaces. Landscape islands and
tree diamonds shall have a minimum of one canopy tree. Parking is
prohibited in front of buildings, except within the right-of-way. Parking lots
shall be accessed from alleys, service lanes or secondary streets. Parking
structures fronting on a primary street shall include ground floor retail.
Parking structures fronting on a secondary street shall have a minimum 10 Ft.
wide, densely landscaped area at grade, including one tree per 5 Sq. Ft. of
TAL#531101.4 10
landscaped area. At a minimum, the following parking and loading amounts
are required:
i. Single-family: On-site -As set forth in Division 2.3 of this Code.
ii. Multi-family: On-site - 75% of the requirements set forth in Division 2.3.
Required on-site parking may be further reduced on a space by spaces
basis to 50%of the requirements set forth in Divisions 2.3 for each on
street parking space located within 300 feet of the subject building(s),
provided such spaces have not been allocated to another use.
iii. All other uses: 60% of the parking requirements set forth in Division 2.3.
Required on-site parking may be further reduced on a space by spaces
basis to 40% of the requirements set forth in Divisions 2.3 for each on
street parking space located within 300 feet of the subject building(s or
within a public parking lot or parking garage, provided such spaces have
not been allocated to another use.
iv. Any or all of the above parking requirements may be further reduced if a
shared parking plan is submitted as part of a Rural Village PUD or
subsequent site development plan application. The shared parking plan
shall demonstrate that the reduced parking is warranted as a result of the
following: shared building and/or block use(s)where parking demands for
certain uses are low when other demands are higher; a concentration of
residential dwelling units located within 600 feet of non-residential uses;
the existence of transit for use by residents and visitors.
(o) Streets within the Town Core shall adhere to the cross-sections labeled Town
Core on Diagram A. Alternatively, Collier County Transportation Services
staff may approve additional cross sections as needed to meet the design
objectives. At a minimum all proposed streets shall include sidewalks on both
sides of the street, parallel to the right-of-way, and a 5 Ft. streetscape area
between the back of curb and the sidewalk.
fp)Landscaping minimums within the Town Core shall be met by providing
landscaping within parking lots as described, and by providing a streetscape
area between the sidewalk and curb at a minimum of 5 Ft. in width,with trees
planted 40 Ft. O.C. The street tree pattern may be interrupted by architectural
elements such as arcades and columns.
(q)General signage standards.
i. Signage design shall be carefully integrated with site and building design
to create a unified appearance for the total property.
ii. No sign shall be installed which obscures any window or other
architectural feature of the building.
iii. Signs which create visual clutter or which block the view of signs on
adjacent property shall not be permitted.
iv. Creativity in the design of signs is encouraged in order to emphasize the
unique character of the SRA.
TAL#531101.4 11
�-. v. Sign Area: The area of any sign shall be the area of a rectangle which
encloses all elements of the sign(excluding poles and brackets) including
all text and any symbols or logos.
vi. Signable Area: The signable area(total of all individual signs on that
facade or related to that facade) of a facade facing a public street or a
parking lot shall be limited to 20% of the total area of the facade.
vii.Mounting height: No part of a sign which projects from a building or is
mounted on a pole or bracket shall be less than eight feet above the grade.
viii.Illumination: Signs may be illuminated by external spot lighting or
internally illuminated. Lighting shall be designed and shielded so as not to
glare onto adjacent properties or the public right-of-way.
ix. Material: Signs shall be constructed of durable materials suitable to the
sign type. The long term appearance of the sign shall be a major
consideration in the selection of materials.
x. Color: The color of signs shall be compatible with the colors and style of
the building to which they are attached or otherwise associated.
(r) The following sign types shall be permitted:
i. Wall -A sign affixed directly to or painted directly on an exterior wall or
fence. Maximum sign area-Façade width x 2.5.
ii. Projecting - Any sign which projects from and is supported by a wall of a
building with the display of the sign perpendicular to the building wall.
Maximum sign area=The facade area x .05. up to a maximum of 100 Sq.
n Ft.
iii. Window- A sign affixed to or behind a window. Maximum sign area-the
area of the window with the sign x .30.
iv. Hanging- A sign attached to and located below any eave, arcade, canopy
or awning. Maximum sign area- 20 Sq. Ft. (two faces of 20 Sq. Ft. each).
v. Awning - A sign or graphic attached to or printed on an awning. Maximum
sign area-the area of the awning x .25.
vi. Pole - A sign mounted at the top of or bracketed from a vertical pole which
is supported by the ground. Maximum sign area- 24 Sq. ft(2 faces @ 12
Sq. Ft. each.).
vii.Monument-A sign secured to a base which is built directly upon the
ground. Maximum sign area- 50 Sq. Ft., exclusive of the base. (2 faces of
50 Sq. Ft. each). Maximum height above grade - 6 feet.
viii. Marquee -A sign usually projecting from the face of a theater or cinema
which contains changeable text to announce events. Sign area shall be
compatible with the design of the theater building. Minimum height above
grade - 10 feet. Minimum distance from curb 4 feet.
ix. Sandwich boards - A movable sign comprised of two sign panels hinged
together at the top. Maximum sign area- 12 square ft (2 faces at 12 Sq. Ft.
each.
x.Banners - Fabric panels projecting from light poles. Maximum sign area-
TAL#531101.4 12
�., shall be proportional to the height of the pole: 16 feet pole - 15 Sq. Ft. max
(2 faces at 15 Sq. Ft. ea.); 20 feet pole - 20 Sq. Ft. max. (2 faces at 20 Sq.
Ft. ea.); 30 feet pole - 36 Sq. Ft. max (2 faces at 36 Sq. Ft. ea.).
(s) The following sign types are prohibited:
i. Internally illuminated plastic-faced signs
ii.Pole signs greater than 12 Sq. Ft. in area
iii. Portable or mobile signs except sandwich boards
iv. Flashing or animated signs (except time and temperature signs)
v.Signs with changeable text(except Marquee)
vi. Off-site signs. Billboards.
(2)Town Center. The Town Center shall provide a wide range of uses including
daily goods and services, culture and entertainment,within walking distance.
Like the Town Core, the Town Center is the primary pedestrian zone, designed at
human scale to support the walking environment. It is the Main Street area of the
Town. Buildings shall be positioned near the right-of-way line, wide sidewalks
shall be shaded by street trees and architectural elements. The following design
criteria shall be applicable to the Town Center with the exception of civic or
institutional buildings, which shall not be subject to the building height, building
placement,building use,parking, and signage criteria below, but, instead, shall
be subject to specific design standards set forth in the SRA development
document that address perspective of these buildings' creating focal points,
terminating vistas and significant community landmarks:
(a) Commercial,retail, office, civic, institutional, light industrial and
manufacturing, essential services,parks, residential and schools and
accessory uses shall be permitted. These uses may occur in shared use
buildings or single use buildings.
(b) The floor area ratio for the total building area within each block shall not
exceed 3.
(c) The floor area ratio for retail and office uses per block shall not exceed 0.5.
(d) The floor area ratio for civic uses per block shall not exceed 0.6.
(e) The floor area ratio for light industrial and manufacturing uses per block shall
not exceed 0.45.
(f) The maximum density for transient lodging shall be 26 dwelling units per
Town Center gross acre.
(g) The maximum building height shall be 4 stories.
(h) The minimum lot area shall be 1,000 square feet.
(i) The maximum block perimeter shall be 2500 Ft.
(j) The minimum setbacks shall be 0 from all property boundaries and the
maximum setback shall be 10 feet from the front right of way line.
(k) Overhead encroachments such as awnings,balconies, arcades and the like,
TAL#531101.4 13
f•-. must maintain a clear distance of 9 feet above the sidewalk and 15 feet
above the street.
(1) Seating for outdoor dining shall be permitted to encroach the public
sidewalks and shall leave a minimum 6-foot clear pedestrian way between
the outdoor dining and the streetscape planting area.
(m) Buildings within the Town Center shall be made compatible through
similar massing, volume, frontage, scale and architectural features. The
SRA document shall identify the process for architectural review and
approval through the applicant's establishment of a architectural review
board. The architectural review board shall also review for compliance
with the landscape requirements.
(n) Streets within the Town Center shall adhere to the cross-sections labeled
Town Center on Diagram A. Alternatively, Collier County
Transportation Services staff may approve additional cross sections as
needed to meet the design objectives. At a minimum all proposed streets
must include sidewalks on both sides of the street, parallel to the right-of-
way, and a 5 Ft. streetscape area between the back of curb and the
sidewalk.
(o) Parking space requirements and design are the same as in the Town Core.
(p) Landscape minimums are the same as in the Town Core.
(q) Signage requirements are the same as in the Town Core.
(2) Neighborhood General. Neighborhood General is predominately
residential with a mix of single and multi-family housing. Neighborhood scale
goods and services, schools, parks and open space diversify the neighborhoods.
The street grid is maintained through the Neighborhood General to disperse
traffic. Sidewalks and streetscape support the pedestrian environment. The
following design criteria shall apply within Neighborhood General:
(a) Residential, neighborhood scale goods and services, civic, institutional
parks, schools and accessory uses shall be permitted.
(b)The maximum allowable building height shall be 3.5 stories.
(c) The maximum block perimeter shall be 3500 feet, except that a larger
block perimeter shall be allowed where an alley or pathway provides
through access, or the block includes water bodies or public facilities.
(d) Single family residential uses shall adhere to the following:
i. The minimum lot area shall be 1,000 square feet.
ii. Parking space requirements and design are the same as in the Town
Core, inclusive of garage spaces, with an additional parking space
required if an accessory dwelling unit is built.
iii. Landscaping shall include a minimum of 60 Sq. Ft. of shrub planting
per lot, with planting in planting areas, raised planters, or planter
TAL#531101.4 14
boxed in the front of the dwelling and a minimum of turf grass for the
remainder of the property.
(e) Multi-family residential uses shall adhere to the following:
i. Lots shall be a maximum of 4 acres.
ii. Front and side yard setbacks shall be a minimum of 10 feet and rear
yard setbacks shall be a minimum of 20 feet for the primary structure
and 5 feet for any accessory structures.
iii. Porches, stoops, chimneys, bays canopies, balconies and overhangs
may encroach into the front yard a maximum of 3 ft. 6 in and a
maximum of 3 Ft. into side yards but no element may encroach into a
side yard such that the distance to the property line from the
encroaching element is less than 3 Ft. 2 In., except that overhangs may
encroach no more than 2 Ft. into any yard.
iv. Parking space requirements and design are the same as in the Town
Core.
v. A minimum of 100 Sq. Ft. of shrub planting shall be required for each
2,000 Sq. Ft. of building footprint, and one tree shall be required for
each 4,000 Sq. Ft. of lot area, inclusive of street trees, with such
plantings in planting areas, raised planters, or planter boxes in the
front of the building and a minimum of turf grass for the remainder of
the property.
(f) Non-residential uses shall adhere to the following:
i. All such uses shall be located at intersection corners or street bends
and shall not be permitted at mid-block locations;
ii. If the non-residential use is a restaurant, grocery store, or convenience
store, it shall be located on an alley loaded site;
iii. The minimum distance between non-residential uses shall be 1,000
feet, as measured along the street frontage at the right-of-way line.
iv. The maximum square footage per use shall be 3,000 square feet and
per location shall be 15,000 square feet;
v. The use shall have a minimum lot area of not less than the size of the
smallest adjacent lot.
vi. The minimum setbacks shall be as follows: 0 feet from the front
property boundary, a distance from the side property boundary that is
equal to the setback of the adjacent property, and a minimum of 20
feet from the rear property boundary for the principal structure and 5
feet from the rear property boundary for any accessory structures.
vii.Parking space requirements and design are the same as in the Town
Core, with on-street parking provided only along the lot street
frontage. No off-street parking shall be permitted between the front
TAL#531101.4 15
facade and the front property line. No off-street parking shall be
permitted between the side facade and the street side property line for
corner lots. All off-street parking shall be screened from the street and
adjacent property by wall, fence and/or landscaping.
viii. Landscaping shall include a minimum of 100 Sq. Ft. of shrub
planting per 2,000 Sq. Ft. of building footprint, and one tree per 4,000
Sq. Ft. of lot area, inclusive of street trees. Plantings shall be in
planting areas,raised planters, or planter boxes in the front of the
building. Minimum of turf grass for the remainder of the property.
(g) General signage requirements:
i. Sign Area: The area of any sign shall be the area of a rectangle which
encloses all elements of the sign(excluding poles and brackets)
including all text and any symbols or logos.
ii. Allowable sign Area: The allowable sign area(total of all individual
signs on that facade or related to that facade) of a facade facing a
public street or a parking lot shall be limited to 20% of the total area of
the facade.
iii. Mounting height: No part of a sign which projects from a building or
is mounted on a pole or bracket shall be less than eight feet above the
grade unless not in the pedestrian path.
iv. Illumination: Signs may be illuminated by external spot lighting or
internally illuminated. Lighting shall be designed and shielded so as
not to glare onto adjacent properties or the public right-of-way.
(h) Prohibited Sign Types:
i. Internally illuminated plastic-faced signs
ii. Pole signs
iii. Portable or mobile signs except sandwich boards
iv. Flashing or animated signs (except time and temperature signs)
v. Signs with changeable text including
vi. Marquee -A sign usually projecting from the face of a theater or
cinema which contains changeable text to announce events
vii.Banners
viii. Off-site signs. billboards
ix. Signage is prohibited outside of Neighborhood Goods and Services
Zones, except as necessary within open spaces,parks, and
neighborhoods for directional and area identification purposes.
(k) The following sign types are allowable:
i. Wall—A sign affixed directly to an exterior wall or fence. Maximum
sign area—24 square ft.
TAL#531101.4 16
ii. Projecting- Any sign which projects from and is supported by a wall
of a building with the display of the sign perpendicular to the building
wall. Maximum sign area=The façade area x .05. up to a maximum
of 40 sq. ft.
iii. Window-A sign affixed to or behind a window. Maximum sign area
—20% of the area of the window.
iv. Hanging - A sign attached to and located below any eave, canopy or
awning. Maximum area— 12 sq. ft. (may be double sided)
vi. Awning-A sign or graphic attached to or printed on an awning.
Maximum sign area—20% of the area of the awning.
vii.Monument-A sign secured to a base which is built directly upon the
ground. Maximum sign area- 30 sq. ft., exclusive of the base. (2 faces
of 30 sq. ft. each). Maximum height above grade - 4 feet.
viii. Sandwich boards - A movable sign comprised of two sign panels
hinged together at the top. Maximum sign area- 12 square ft (2 faces
at 12 sq. ft. each)
(1) Signage within Neighborhood Goods and Service Zones shall adhere to
the following:
i. Signage design shall be carefully integrated with site and building
design to create a unified appearance for the total property.
ii. No sign shall be installed which obscures any window or other
architectural feature of the building.
iii. Signs which create visual clutter or which block the view of signs on
adjacent property shall not be permitted
iv. Creativity in the design of signs is encouraged in order to emphasize
the unique character of the SRA.
(m) Streets within Neighborhood General shall adhere to the cross-sections
labeled Neighborhood General on Diagram A. Alternatively, Collier
County Transportation Services staff may approve additional cross
sections as needed to meet the design objectives, at a minimum all
proposed streets must include sidewalks on both sides of the street,
parallel to the right-of-way, and a 5 Ft. streetscape area between the back
of curb and the sidewalk.
(4)Neighborhood Edge (optional). Neighborhood Edge is predominately a
single-family residential neighborhood. This zone has the least intensity and
diversity within the Town. The mix of uses is limited. Residential lots are
larger and more open space is evident. The Neighborhood Edge may be used
to provide a transition to adjoining rural land uses. The following standards
shall apply with the Neighborhood Edge:
n (a) The permitted uses within the Neighborhood Edge are residential,parks,
golf courses, schools, essential services, and accessory uses.
TAL#531101.4 17
n (b). Building heights shall not exceed 2 stories.
(c) Lots shall have a minimum area of 5000 square feed with lot dimensions
and setbacks to be further defined with the SRA Development Document.
(d) The perimeter of each block may not exceed 5000 feet, unless an alley or
pathway provides through access, or the block includes water bodies or
public facilities.
(e) Parking space requirements and design are the same as in the Town Core,
inclusive of garage spaces,with provision for an additional parking space
if an accessory dwelling unit is built.
(f) Landscaping shall include a minimum of 100 Sq. Ft. of shrub planting per
lot,with plantings in planting areas, raised planters, or planter boxed in
the front of the dwelling and a minimum of turf grass for the remainder of
the property.
(g) Streets shall adhere to the cross-sections labeled Neighborhood Edge on
Diagram A. Alternatively, Collier County Transportation Services staff
may approve additional cross sections as needed to meet the design
objectives. At a minimum all proposed streets must include a 10-foot
pathway on one side of the street with an 8-foot streetscape area between
the edge of curb and the pathway.
(5) Special District (optional). The Special District is used provided for uses and
development standards not otherwise provided for within the Context Zones.
Uses and development standards shall be defined in detail within the SRA
development application for review by Collier County staff. Special Districts
could be for uses such as University's,business or industrial parks, retirement
communities, resorts, etc.
3. Village Design Criteria.
a. General criteria.
(1)Villages are comprised of residential neighborhoods and shall include a mixed-
use village center to serve as the focal point for the community's support services
and facilities.
(2)Villages shall be designed in a compact,pedestrian-friendly form.
(3) Create an interconnected street system designed to disperse and reduce the length
of automobile trips.
(3) Offer a range of housing types and price levels to accommodate diverse ages and
incomes. Accessory dwelling units shall not count towards the maximum allowed
density.
(4)Be developed in a progressive rural to urban continuum with the greatest density,
intensity and diversity occurring within the Village Center, to the least density,
intensity and diversity occurring within the Neighborhood Edge.
(5)The SRA document shall demonstrate the urban to rural transition occurring at the
TAL#531101.4 18
Villages limits boundary provides sufficient transition to the adjoining use, such
as active agriculture, pasture,rural roadway, etc., and compatibility through the
use of buffering, open space, land use, or other means.
b. Buffers.
(1)Buffers may include The buffer may include: natural preserves, lakes, golf
courses,passive recreational areas and parks, required yard and set-back areas,
and other natural or man-made open space.
(1)Villages contiguous to the western boundary of the FSAs and HSAs that comprise
Camp Keais Strand, shall provide an open space buffer of 500 feet wide. Golf
course fairways and other golf course turf areas shall not be allowed within the
300 feet closest to the FSA and HSA.
(2)Villages contiguous to any other FSA or HSA or existing public or private
conservation land delineated on the Overlay Map, shall provide a buffer 300 feet
in width. Golf course fairways and other golf course turf areas shall not be
allowed within the 200 feet closest to the FSA, HSA, or conservation area.
c. Transportation Network. The transportation network for a Village shall adhere to
the same standards provided for within a Town.
d. Open Space and Parks.
(1)A Village shall provide a minimum of 35% open space.
(2)A Village shall provide a range of active and passive parks, squares and
playgrounds as appropriate to be located within each Context Zone and
Special District.
e. Context Zones.
(1) General.
(a) Villages shall be designed to include a minimum of two Context
Zones: Village Center and Neighborhood General.
(b) Each Zone shall blend into the other without the requirements of
buffers.
(b) Villages may include the Context Zone of Neighborhood Edge.
(c) Villages may include Special Districts to accommodate uses that
require use specific design standards not otherwise provided for within
the Context Zones.
(d) The SRA Master Plan shall designate the location of each Context
Zone and each Special District. The Village Center shall be
designated in one location. Neighborhood General,Neighborhood
Edge and Special District may be designated in multiple locations.
(e) Context Zones are intended to guide the location of uses and their
intensity and diversity within a Village, and provide for the
/'N establishment of the urban to rural continuum.
TAL#531101.4 19
12) Village Center Context Zone.
(a) The allowable uses within a Village Center are commercial,retail,
office, civic, institutional, essential services,parks, residential and
schools and accessory uses.
(b) Uses may occur in shared use buildings or single use buildings.
(c) The floor area ratio of any use shall not exceed 2 for the total building
area within each block, shall not exceed 0.5 for retail and office uses
per block shall not exceed 0.6 for civic uses per block.
(d) Transient Lodging—26 dwelling units per Village Center gross acre
(e) Maximum building height— 5 Stories
(f) Minimum lot area: 1,000 SF
(g) Block Perimeter: 2,500 Ft. max
(h) Front setbacks - 0 to 10 feet from the right-of-way line
(i) Side setbacks - 0 feet
(j) Rear setbacks—0 feet
(k) Overhead encroachments such as awnings,balconies, arcades and the
like, must maintain a clear distance of 9 feet above the sidewalk and
15 feet above the street.
(1) Seating for outdoor dining shall be permitted to encroach the public
sidewalks and shall leave a minimum 6-foot clear pedestrian way
between the outdoor dining and the streetscape planting area.
(m) The design of civic or institutional buildings shall not be subject to the
specific standards of this subsection which regulate building height.,
building placement,building use,parking, and signage but shall be
reviewed by Collier County planning staff with perspective as these
buildings creating focal points, vistas and significant community
landmarks. Specific design standards shall be provided in the SRA
development document.
(n) Architectural Standards: Buildings within the Village Center shall be
made compatible through similar massing, volume, frontage, scale and
architectural features. The SRA document shall identify the process
for architectural review and approval through the applicant's
establishment of an architectural review board. The architectural
review board shall also review for landscape compliance.
(o) Streets within the Village Center shall adhere to the cross-sections
labeled Village Center on Diagram A. Alternatively, Collier County
Transportation Services staff may approve additional cross sections as
needed to meet the design objectives. At a minimum all proposed
streets shall include sidewalks on both sides of the street,parallel to
the right-of-way, and a 5 Ft. streetscape area between the back of curb
TAL#531101.4 20
and the sidewalk.
(p) General parking criteria
i. On-street parking spaces within the limits of the front property line
shall count towards the required number ofparking spaces.
ii. The majority of parking spaces shall be provided off-street in the
rear of buildings, or along the side (secondary streets). Parking is
prohibited in front of buildings.
iii. Parking areas shall be organized into a series of small bays
delineated by landscape islands of varied sized. A maximum
spacing between landscape islands shall be 10 spaces. Landscape
islands and tree diamonds shall have a minimum of one canopy
tree.
iv. Parking lots shall be accessed from alleys, service lanes or
secondary streets.
(q) Use-specific parking criteria: At a minimum, the following parking
and loading amounts are required:
i. Single-family: On-site - As set forth in Division 2.3 of this Code.
ii. Multi-family: On-site- 75% of the requirements set forth in
Division 2.3. Required on-site parking may be further reduced on a
space by spaces basis to 50%of the requirements set forth in
Divisions 2.3 for each on street parking space located within 300
feet of the subject building(s), provided such spaces have not been
allocated to another use.
iii. All other uses: 60% of the parking requirements set forth in
Division 2.3. Required on-site parking may be further reduced on a
space by spaces basis to 40% of the requirements set forth in
Divisions 2.3 for each on street parking space located within 300
feet of the subject building(s or within a public parking lot or
parking garage,provided such spaces have not been allocated to
another use.
iv. Any or all of the above parking requirements may be further
reduced if a shared parking plan is submitted as part of a Rural
Village PUD or subsequent site development plan application. The
shared parking plan shall demonstrate that the reduced parking is
warranted as a result of the following: shared building and/or
block use(s)where parking demands for certain uses are low when
other demands are higher; a concentration of residential dwelling
units located within 600 feet of non-residential uses; the existence
of transit for use by residents and visitors.
(r) Landscaping minimums within the Village Center shall be met by
providing landscaping within parking lots as described, and by
n providing a streetscape area between the sidewalk and curb at a
minimum of 5 Ft. in width, with trees planted 40 Ft. O.C. The street
TAL#531101.4 21
tree pattern may be interrupted by architectural elements such as
arcades and columns.
(s) Signage standards within the Village Center shall comply with those
provided in the Town Center.
(3) Neighborhood General. Design standards for the Neighborhood General
within a Village shall be the same as defined within a Town.
(4) Neighborhood Edge (optional). Design standards for the Neighborhood
Edge within a Village shall be the same as defined within a Town.
(5) Special District (optional). The Special District is used provided for uses
and development standards not otherwise provided for within the Context
Zones. Uses and development standards shall be defined in detail within
the SRA development application for review by Collier County staff.
4. Hamlet Design Criteria
a. General.
(1) Hamlets are small rural residential areas with primarily single-family housing
and limited range of convenience-oriented services.
(2) Hamlets may include the Context Zones of Neighborhood General and
Neighborhood Edge.
(3) Non-residential uses shall be provided in one location, such as a crossroads,
and designed to incorporate the community green.
b. Open spaces and parks. At a minimum, Hamlets shall provide a public green
equal to a minimum of 1% of the total Hamlet gross acreage.
c. Context Zones. Context Zones are intended to guide the location of uses and their
intensity and diversity within a Hamlet, and provide for the establishment of the
urban to rural continuum.
(1) Neighborhood General. Neighborhood General is predominately residential
with a mix of single and multi-family housing. Neighborhood scale goods
and services, schools, parks and open space diversify the neighborhoods. The
street grid is maintained through the Neighborhood General to disperse traffic.
Sidewalks and streetscape support the pedestrian environment. The design
criteria applicable within Neighborhood General are as follows:
(a) Uses—residential, neighborhood scale goods and services, civic,
institutional, parks and schools.
(b) Building height— 3.5 Stories
(c) Block Perimeter: 3500 Ft. max. The maximum may be greater if an alley
or pathway provides through access, or the block includes water bodies or
public facilities.
(d) For single-family residential uses:
i. Minimum lot area: 1,000 SF
TAL#531101.4 22
ii. Setbacks and encroachments to be defined in the SRA Development
Document
iii.Parking space requirements and design are the same as in the Town
Core, with provision for an additional parking space if an accessory
dwelling unit is built.
iv. Landscaping -Minimum of 60 Sq. Ft. of shrub planting per lot.
Plantings shall be in planting areas,raised planters, or planter boxed in
the front of the dwelling. Minimum of turf grass for the remainder of
the property.
(e) For multi-family residential uses:
i. Maximum lot area: 4 acres.
ii. Front yard setbacks— 10 Ft.
iii.Minimum side yard setbacks— 10 Ft.
iv.Minimum rear yard setbacks—20 Ft. for primary structure, 5 Ft. for
accessory structures
v. Encroachments: Porches, stoops, chimneys,bays canopies,balconies
and overhangs may encroach into the front yard 3 Ft. 6 In. These same
elements may encroach 3 Ft. into side yards but no element may
encroach into a side yard such that the distance to the property line
from the encroaching element is less than 3 Ft. 2 In. except that
overhangs may encroach 2 Ft. into any yard.
vi. Parking space requirements and design are the same as in the Town
Core.
vii. Landscaping-Minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq_
Ft. of building footprint, and on tree per 4,000 Sq. Ft. of lot area,
inclusive of street trees. Plantings shall be in planting areas,raised
planters, or planter boxes in the front of the building. Minimum of turf
grass for the remainder of the property.
(f) Non-residential uses
i. Location: at intersection corner. Mid-block locations are not allowed.
ii. Maximum square footage per use is 5,000.
iii.Maximum square footage per location is 20,000.
iv.Min. lot area: No less than the min. lot area of the smallest adjacent
lot.
v. Front setbacks —Equal to the smallest setback of the adjacent lot
vi. Side setbacks - Equal to the smallest setback of the adjacent lot
vii. Rear setbacks—minimum 20 feet for the principal structure and 5
/'N feet for any accessory use
TAL#531101.4 23
viii. Parking. Parking space requirements and design are the same as in
the Town Core. On-street parking must be provided along the lot street
frontage. No off-street parking shall be permitted between the front
façade and the front property line. All off-street parking shall be
screened from the street and adjacent property by wall, fence and/or
landscaping.
ix. Landscaping. Minimum of 100 Sq. Ft. of shrub planting per 2,000 Sq.
Ft. of building footprint, and on tree per 4,000 Sq. Ft. of lot area,
inclusive of street trees. Plantings shall be in planting areas, raised
planters, or planter boxes in the front of the building. Minimum of turf
grass for the remainder of the property.
x. Signage within Neighborhood General shall comply with the standards
provided in the Town Neighborhood General.
xi. Streets within Neighborhood General shall adhere to the cross-sections
labeled Neighborhood General. Alternatively in Diagram A. Collier
County Transportation Services staff may approve additional cross
sections as needed to meet the design objectives. At a minimum all
proposed streets must include sidewalks on both sides of the street,
parallel to the right-of-way, and a 5 foot streetscape area between the
back of curb and the sidewalk.
(2) Neighborhood Edge. Neighborhood Edge is predominately a single-family
residential neighborhood. This zone has the least intensity and diversity. The
mix of uses is limited. Residential lots are larger and more open space is
evident. The Neighborhood Edge may be used to provide a transition to
adjoining rural land uses.
(a)Uses—residential, parks, golf courses, schools, essential services
(b)Building height - 2 Stories
(c)Minimum lot area 5000 square feet
(d)Setbacks to be further defined within the SRA Development Document
(e)Block Perimeter: 5000 feet max. The maximum may be greater if an alley
or pathway provides through access, or the block includes water bodies or
public facilities.
(f) Parking. - Parking space requirements and design are the same as in the
Town Core. Provision shall be made for an additional parking space if an
accessory dwelling unit is built.
(g)Landscaping. Minimum of 100 Sq. Ft. of shrub planting per lot. Plantings
shall be in planting areas, raised planters, or planter boxed in the front of
the dwelling. Minimum of turf grass for the remainder of the property.
(h)Streets within Neighborhood Edge shall adhere to the cross-sections
labeled Neighborhood Edge in Diagram A. Alternatively, Collier County
Transportation Services staff may approve additional cross sections as
TAL#531101.4 24
needed to meet the design objectives. At a minimum all proposed streets
must include a 10-foot pathway on one side of the street with an 8-foot
streetscape area between the edge of curb and the pathway.
5. Compact Rural Development
a. General.
(1) Compact Rural Development (CRD) is a form of SRA that will provide
flexibility with respect to the mix of uses and development standards,but shall
otherwise comply with the design standards of a Hamlet or Village.
(2) A CRD may include, but is not required to have permanent residential housing
and the services and facilities that support permanent residents.
(3) Except as described above, a CRD will conform to the design standards of a
Village or Hamlet as set forth herein based on the size of the CRD. As
residential units are not a required use,those goods and services that support
residents such as retail, office, civic, governmental and institutional uses shall
also not be required, however for any CRD that does include permanent
residential housing, the proportionate support services shall be provided.
b. Example. An example of a CRD is an ecotourism village that would have a
unique set of uses and support services different from a traditional residential
village. It would contain transient lodging facilities and services appropriate to
eco-tourists,but may not provide for the range of services that necessary to
support permanent residents.
6. —8. No change
K. —L. No change
2.2.27.11 Baseline Standards[Rcscrvcd]:
A. Purpose and Intent: These Baseline Standards will remain in effect for all land within the
RLSA District unless or until such land becomes subject to the transfer or receipt of
Stewardship Credits, except as to those agricultural uses subject to sections 163.3162(4)
and 823.14(6), Florida Statutes. The Baseline Standards are intended to protect water
quality and quantity, maintain the natural water regime, and protect listed animal and
plant species and their habitats on land that has not been designated as an SSA or SRA.
The opportunity to voluntarily participate in the Stewardship Credit Program, as well as
the right to sell conservation easements or a fee or lesser interest in the land, shall
constitute compensation for the loss of any development rights related to these standards.
B. Applicability of Code:Except as otherwise specifically provided in Section 2.2.27.11,
those provisions of this Code in effect as of November [ 1, 1999, shall apply to all land
within the RLSA District unless or until such lands become subject to the transfer or
receipt of Stewardship Credits.
C. Allowable Uses: The permitted, accessory, and conditional uses allowed shall be those
set forth in Section 2.2.2 in effect as of November f 1, 1999, with the following
exceptions:
TAL#531101.4 25
1. Residential Uses, General Conditional Uses, Earth Mining and Processing Uses, and
Recreational Uses (layers 1-4) as listed in the Matrix at Section 2.2.27.9.B.4.b. shall
be eliminated in all FSAs, as provided in Section 2.2.27.8.G.
2. Conditional use essential services and governmental essential services, except those
necessary to serve permitted uses or for public safety, shall only be allowed in FSAs
with an Index value of 1.2 or less, as provided in Section 2.2.27.8.G.
3. Directional-drilling techniques and/or previously cleared or disturbed areas shall be
utilized for oil and gas exploration and oil and gas field development and production
activities in order to minimize impacts to native habitats when determined to be
practicable. This requirement shall be deemed satisfied upon issuance of a state
permit requiring compliance with the criteria established in Chapter 62C-30, F.A.C.,
regardless of whether the oil and gas exploration and oil and gas exploration field
development and production activities will occur within the Big Cypress Swamp.
Nothing contained herein alters the requirement to obtain conditional use permits for
oil and gas field development and production activities.
4. Asphaltic and concrete batch making plants shall be prohibited in areas mapped as
HSAs.
D. Standards Applicable Inside the ACSC: RLSA District lands within the ACSC shall be
subject to all ACSC regulatory standards, including those that strictly limit non-
agricultural clearing.
E Standards Applicable Outside the ACSC: Except to the extent superceded by G or H
below, the following standards shall apply to all development within those areas of the
RLSA District that are outside of the ACSC, other than agricultural operations that fall
within the scope of sections 163.3214(4) and 823.14(6), F.S., and and single family
residential dwellings, unless or until such lands are subject to transmittal or receipt of
Stewardship Credits:
1. A wildlife survey, as set forth in 3.8.5.7, shall be required for all parcels when listed
species are known to inhabit biological communities similar to those existing on site
or where listed species are directly observed on the site.
2. A minimum of 40% of the native vegetation on the project site must be retained. If
listed species are directly observed on the site of the project or are indicated by
evidence, such as denning, foraging, or other indications, first priority shall be given
to preserving the habitat of such listed species.
3. If the wildlife survey indicates that listed species are utilizing the site, or the site is
capable of supporting and is likely to support listed species, a wildlife habitat
management plan shall be prepared and submitted to the County.
a. The wildlife habitat management plan within the RLSA District shall include the
following techniques to protect listed species from the negative impacts of
development:
(1) Open space and vegetation preservation requirements shall be used to
establish buffer areas between wildlife habitat areas and areas dominated by
human activities.
(2) Fencing, walls, other obstructions, or other provisions shall be used to
minimize development impacts to the listed species and to encourage wildlife
to use wildlife corridors.
TAL#531101.4 26
(3) Roadways crossings, underpasses, and signage shall be used where roads must
cross wildlife corridors.
b. The wildlife habitat management plan shall also incorporate the following:
(1) a description of the techniqures used to direct incompatible land uses away
from listed species and their habitats and to comply with the criteria identified
in 1 and 2 above, as applicable;
(2) identification of appropriate lighting controls for permitted uses and a
consideration of the opportunity to utilize prescribed burning to maintain fire-
adapted preserved vegetation communities and provide browse for white-
tailed deer, consistent with the UFWS South Florida Multi-Species Recover
Plan, May 1999, except as recommended otherwise by the UFWS or FFWCC;
and
(3) if the development will be larger than 10 acres, a monitoring program.
c. The following references shall be used, as appropriate, to prepare the wildlife
habitat management plan:
(1) South Florida Multi-Species Recovery Plan, USFWS, 1999.
Re
(2) Habitat Management Guidelines for the Bald Eagle in the Southeast Region.,
t
USFWS, 1987.
(3) Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus
Polyphemus) Populations found on Lands Slated for Large Scale
Development in Florida, Technical Report No. 4, Florida Game and Fresh
Water Fish Commission, 1987.
(4) Ecology and Development-Related Habitat Requirements of the Florida Scrub
Jay(Apelocoma coerulescens), Technical Report No. 8, Florida Game and
Fresh Water Fish Commission, 1991.
(5) Ecology and Habitat Protection Needs of the Southeastern American Kestrel
(Falco Sparverius Paulus) on Large-scale Development Sites in Florida,
Nongame Technical Report No. 13, Florida Game and Fresh Water Fish
Commission, 1993.
d. The following species specific provisions shall be included within the wildlife
habitat management plan if the wildlife survey indicates that the identified
species utlizes the site or the site is capable of supporting and is likely to support
such species:
(1)Gopher tortoise: For parcels containing gopher tortoises (Gopherus
Polyphemus),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 tortoise preserves.
(2)Florida scrub jay: Habitat preservation for the Florida scrub jay(Aphelocoma
coerulescens) shall conform to the guidelines contained in Technical Report
No. 8, Florida Game and Fresh Water Fish Commission, 1991. A maintenance
program shall be established, which shall specify appropriate fire or
mechanical protocols to maintain the natural scrub community. A public
awareness program to educate residents about the on-site preserve and the need
to maintain the scrub vegetation shall be developed. These requirements shall
be consistent with the UFWS South Florida Multi-Species Recovery Plan, May
1999.
TAL#531101.4 27
(3)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 nest season. These requirements shall be
consistent with the UFWS South Florida Multi-Species Recover Plan,May
1999.
(4)Red-cockaded woodpecker: For the red-cockaded woodpecker Ipicoides
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.
(5)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.
(6)Panther: For projects located in Priority I or 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 corgi)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).
4. 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 consider and utilize
recommendations and letters of technical assistance from the State of Florida Fish
and Wildlife Conservation Comission and recommendations from the U.S. Fish and
Wildlife Service in issuing development orders. It is recognized that these agency
recommendations, on a case by case basis may change the requirements contained in
herein and any such change shall be deemed consistent with this Code.
F. Golf Course Standards. Except as otherwise required by G or H below, all golf courses
within within the RLSA District shall be subject to the following requirements, unless
and until such lands are subject to the transmittal or receipt of Stewardship Credits:
1. Golf courses shall be designed, constructed, and managed in accordance with
Audubon International's Gold Signature Program. The project shall demonstrate that
the Principles for Resource Management required by the Gold Signature Program
(Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and
Natural Landscaping, Water Conservation, Waste Management. Energy Conservation
& Renewable Energy Sources, Transportation, Greenspace and Corridors,
Agriculture, and Building Design) have been incorporated into the golf course's
TAL#531101.4 28
design and operational procedures. In addition to addressing these requirements, golf
courses shall meet the following specific criteria:
a. In order to prevent the contamination of soil, surface water and ground water by
the materials stored and handled by golf course maintenance operations, golf
courses shall comply with the Best Management Practices for Golf Course
Maintenance Departments, prepared by the Florida Department of Environmental
Protection, May 1995.
b . To protect ground and surface water quality from fertilizer and pesticide usage,
golf courses shall demonstrate the following management practices:
(1) The use of slow release nitrogen sources;
(2) The use of soil and plant tissue analysis to adjust timing and amount of
fertilization applications;
(3) The use of an integrated pest management program using both biological and
chemical agents to control various pests;
(4) The coordination of pesticide applications with the timing and application of
irrigation water;
(5) The use of the procedure contained in IFAS Circular 1011, Manazinq
Pesticides for Golf Course Maintenance and Water Quality Protection, May
1991 (revised 1995) to select pesticides that will have a minimum adverse
impact on water quality
2. To ensure water conservation, golf courses shall incorporate the following in their
design and operation:
a. Irrigation systems shall be designed to use weather station information and
moisture-sensing systems to determine the optimum amount of irrigation water
needed considering soil moisture and evapotranspiration rates.
b. As available, golf courses shall utilize treated effluent reuse water consistent with
Sanitary Sewer Sub-Element Objective 1.4 and its policies,
c. Native plants shall be used exclusively except for special purpose areas such as
golf greens, fairways, and building sites. Within these excepted areas,
landscaping plans shall require that at least 75% of the trees and 50% of the shrubs
be freeze-tolerant native Floridian species. At least 75% of the required native
trees and shrubs shall also be drought tolerant species.
3. Stormwater management ponds shall be designed to mimic the functions of natural
systems: by establishing shorelines that are sinuous in configuration in order to
provide increased length and diversity of the littoral zone. A Littoral shelf shall be
established to provide a feeding area for water dependent avian species. The
combined length of vertical and rip-rapped walls shall be limited to 25% of the
shoreline. Credits to the site preservation area requirements, on an acre- to- acre
basis, shall be given for littoral shelves that exceed these littoral shelf area
requirements.
G. Standards Applicable in FSAs, HSAs, and WRAs that are Outside of the ACSC. The
provisions of Divisions 3.8, 3.9, and 3.11 in effect as of November ( 1, 1999, shall apply
to FSAs, HSAs, and WRAs that outside of the ACSC, with the following exceptions:
1. Site clearing and alteration shall be limited to 20% of the property and nonpermeable
surfaces shall not exceed 50%of any such area.
TAL#531101.4 29
�-. 2. Except for roads and lakes, any nonpermeable surface greater than one acre shall
provide for release of surface water run off, collected or uncollected, in a manner
approximating the natural surface water flow regime of the surrounding area.
3. Roads shall be designed to allow the passage of surface water flows through the use
of equalizer pipes, interceptor spreader systems or performance equivalent structures.
4. Revegetation and landscaping of cleared areas shall be accomplished with
predominantly native species and planting of undesirable exotic species shall be
prohibited.
H. Standards Applicable to Wetlands Outside of FSAs, HSAs, WRAs, and the ACSC.
Wetlands located outside of FSAs, HSAs, WRAs, and the ACSC shall be preserved in
accord with the following criteria:
1. The vegetative preservation requirement set forth in E.2 above shall first be met
through preservation of wetlands having a functionality assessment score of 0.65 or
greater. Applicants shall establish the wetland functionality score of wetlands using
the South Florida Water Management District's Unifed Wetland Mitigation
Assessment Method, F.A.C. 62-345. Upland vegetative communities may be
utilized to meet the vegetative, open space, and site preservation requirements when
the wetland functional assessment score of on-site wetlands is less than 0.65.
2. Wetlands utilized by listed species or serving as corridors for the movement of listed
species shall be preserved on site.
3. Wetland flowway functions through the project shall be maintained.
4. Ground water table drawdowns or diversions shall not adversely change the
hydoperiod of preserved wetlands on or offsite and 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. All direct impacts shall be mitigated for as required by applicable federal or state
agencies and in the same manner as set forth in Division 3.9.5.3.B.1 of this Code.
7. Single family residences shall follow the requirements contained within Policy 6.2.7
of the Conservation and Coastal Management Element.
8. Appropriate buffering shall be provided to separate preserved wetlands from other
land uses. A minimum 50-foot vegetated upland buffer is required adjacent to a
natural water body and for other wetlands a minimum 25-foot vegetated upland
buffer adjacent to the wetland. A structural buffer, consisting of a stem-wall, a berm,
or a vegetative hedge with suitable fencing, 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 allows.
Wetland buffers shall conform to the following standards:
a. The buffer shall be measured landward from the approved jurisdictional line.
b. 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.
c. The buffer shall be maintained free of Category I Exotics.
d. The following land uses are considered to be compatible with wetland functions
and are allowed within the buffer:
TAL#531101.4 30
(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.
9. Mitigation Requirements: Mitigation shall be required for direct impacts to wetlands,
such that the wetland functional score of the mitigation equals or exceeds the wetland
functional score of the impacted wetlands.
a. Priority shall be given to mitigation within FSAs and HSAs.
b. 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.
c. Protection shall be provided for preserved or created wetland or upland vegetative
communities offered as mitigation by placing a conservation easement over the
land in perpetuity,providing for initial exotic plant removal (Class I invasive
exotic plants defined by the Florida Exotic Plan Council) and continuing exotic
plant maintenance, or by appropriate ownership transfer to a state or federal
agency along with sufficient funding for perpetual management activities.
10.Prior to issuance of any final development order that authorizes site alteration,the
applicant shall demonstrate compliance with paragraphs 9.a through 9.c above, as
applicable. If state or federal agency permits have not provided mitigation
consistent with paragraphs 9 above, the County shall require mitigation exceeding
r-� that of the jurisdictional agencies.
11. Wetland preservation,buffer areas, and mitigation areas shall be identified or
platted as separate tracts. In the case of a Planned Unit Development(PUD),
these areas shall also be depicted on the PUD Master Plan. These areas shall be
maintained free from trash and debris and from Category I Exotics. Land uses
allowed in these areas shall be limited to those identified in 8.d above.
TAL#531101.4 31
10/16/03 DRAFT
TAB D
SECTION 2.2.30
NRPA OVERLAY
TAL#531102.2 1
10/16/03 DRAFT
SEC. 2.2.30. NATURAL RESOURCE PROTECTION AREA OVERLAY DISTRICT
(NRPA)
2.2.30.1 PURPOSE AND INTENT: The purpose and intent of the Natural Resource
Protection Area Overlay District (NRPA) is to: protect endangered or potentially endangered
species by directing incompatible land uses away their habitats; to identify large, connected,
intact, and relatively unfragmented habitats, which may be important for these listed species;
and to support State and Federal agencies' efforts to protect endangered or potentially
endangered species and their habitats. NRPAs may include major wetland systems and
regional flow-ways. These lands generally should be the focus of any federal, state, County,
or private acquisition efforts. Accordingly, allowable land uses, vegetation preservation
standards, development standards, and listed species protection criteria within NRPAs set
forth herein are more restrictive than would otherwise be permitted in the underlying zoning
district and shall to be applicable in addition to any standards that apply tin the underlying
zoning district.
A. NRPA OVERLAY AREAS. NRPAs are located in the following areas:
1. Clam Bay Conservation Area(within Pelican Bay Plan Unit Development);
2. CREW (Corkscrew Regional Ecosystem Watershed);
3. North Belle Meade;
4. South Belle Meade;
5. South Golden Gate Estates.
[Insert NRPA map]
B. NRPAS DESIGNATED AS RFMU SENDING LANDS WITHIN THE RFMU
DISTRICT. NRPAs located in the RFMU District are identified as RFMU Sending
Lands and are further subject to the provisions, conditions and standards set forth in
Section 2.2.21/2.4. Private property owners within these NRPAs may transfer residential
development rights from these important environmentally sensitive lands to other
identified "receiving" lands pursuant to eth specific provisions set forth in Section 2.6.39.
of this Code.
C. DEVELOPMENT STANDARDS. Development within a NRPA shall adhere to the
following standards:
1. Vegetation Retention and Site Preservation — Native vegetation retention shall be as
required in Section 3.9.4.3.
2. Permitted and conditional uses for all lands within a NRPA that are zoned CON and
for those lands within any NRPA that are publicly owned shall be as set forth in
Sections 2.2.17.2.A. and 2.2.17.2.C, respectively.
3. For privately owned lands within a NRPA within the RFMU District, permitted and
conditional uses shall be those as set forth in the RFMU District Sending Lands
(Section 2.2.21/2.4.).
TAL#531102.2 2
5. For privately owned lands within a NRPA and designated Estates, permitted and
conditional uses shall be those as set forth in the Estates Designation within the
Golden Gate Area Master Plan. As these privately owned Estates Designated lands
are acquired for conservation purposes, the Comprehensive Plan and will be amended
to change the Designation to Conservation and the property will be rezoned to the
CON district.
6. There are approximately 15 sections of privately owned land within a NRPA that are
not designated Sending and are not located within the RFMU District. Eight (8) of
these sections, known as the "hole-in-the-doughnut," are located within the South
Golden Gate Estates NRPA and surrounded by platted Estates lots, almost all of
which have been acquired by the State under the Florida Forever program as part of
the Picayune Strand State Forest. The remaining seven (7) sections are within an
approved mitigation bank located north and west of Corkscrew Swamp Sanctuary.
As these privately owned Agricultural/Rural Designated lands are acquired for
conservation purposes, the Plan will be amended to change the Designation to CON
District. Until such time as the designation on these lands is change to CON District,
permitted and conditional uses for these privately owned lands shall be those set forth
in underlying zoning district.
TAL#531102.2 3
10/16/03 DRAFT
TAB E
2.2.31
NBM OVERLAY
TAL#531103.2 1
10/16/03 DRAFT
2.2.31 NORTH BELLE MEADE OVERLAY DISTRICT (NBMO)
2.2.31.1 PURPOSE AND INTENT
2.2.31.2 GENERAL LOCATION
2.2.31.3 APPLICABILITY
2.2.31.4 GENERAL PLANNING AND DESIGN CONSIDERATIONS
A. TRANSPORTATION
B. BUFFERING
C. GREENWAY
2.2.31.5 ADDITIONAL SPECIFIC AREA PROVISIONS
A. RECEIVING LANDS
B. NEUTRAL LANDS
. . . . -- •, . : -- . - -- , :. 1.n_• .
2.2.31.1. Duration. Only certain land uses as specified in subsection 2.2.31.3 of the Code
1.I• • .
Case No. 98 0321 GM) become legally effective in that Area pursuant to
subsection 163.3189(2), Florida Statutes so long as such amendments do not
require implementing land development r: . . . - -• - - - -
management plan amendments that specifically require implementing land
development regulations, the moratorium shall remain in effect until tho
2.2.31.2. Geographic scope of natural resource protection areas. The natural resource
protection areas include the following areas generally described as: The Camp
-• - ., :, '_ • -• - , -• ---- - - -, _ -
Golden Gate Estates.
2.2.31.3. Permitted Uses. The following uses shall be the only uses allowed in the natural
these Areas are identified in the future land use element of the growth
that specified Area shall expire; except that where implementing land
TAL#531103.2 1
uses.
1. Agricultural and directly related uses.
1999.
I
2.2.31.4. Exemptions. Tho restriction on u-= : •• =•, • - • -•-: '"-' ' , - • •: • -
6.• - _ . •
shall include expansions of those uses, if such expansions are consistent with or 1
n
COLDER COUNTY it
Egg Proposed NRPAs
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As per county request, Ord. No. 99 77, § 3B, adopted November 3, 1999 is included
become legally effective until the supporting interim amendments to the Growth
TAL#531103.2 2
n 99 02 (DOAH Case No. 98 0324 GM) become legally effective pursuant to Subsection
163.3189(2)(a), Florida Statutes.
TAL#531103.2 3
Sec. 2.2.31 NORTH BELLE MEADE OVERLAY DISTRICT (NBMO)
2.2.31.1 PURPOSE AND INTENT. The North Belle Meade Overlay(NBMO) is unique to the
RFMU District because it is surrounded by areas that are vested for development on three
sides. Because this area is largely undeveloped and includes substantial vegetated areas, the
NBMO can and does provide valuable habitat for wildlife, including endangered species. The
NBMO is intended to achieve a balance of both preservation and opportunities for future
development that takes into account resource protection and the relationship between this area
and the Estates developing around the NBMO.
2.2.31.2. GENERAL LOCATION. The NBMO area is surrounded by Golden Gate Estates to
the north, east, and west and I-75 to the south. This NBMO comprises some 24 sections of
land and approximately 15,550 acres and is located entirely within the RFMU District
(Section 2.2.2%2.)
[Insert NBMO Map]
2.2.31.3 APPLICABILITY:
A. NBMO Receiving Lands. Permitted, conditional, and accessory uses within NBMO
Receiving Lands shall be as set forth in Section 2.2.2%2.2, except as provided in 2.2.31.5.
All other provisions of this Code that implement the Future Land Use Element.,
Conservation and Coastal Management Element, or Public Facilities Element, including
but not limited to Divisions 3.9 and 3.11, shall only be applicable to development in
NBMO Receiving Lands to the extent specifically stated in Section 2.2.31. However, all
development within NBMO Receiving Lands shall comply with all non-environmental
review procedures for site development plans and platting as set forth in this Code.
B. NBMO Neutral Lands. Except as otherwise specifically provided in 2.2.31.4 and
2.2.31.5.B, all development within NBMO Neutral Lands shall be consistent with Section
2.2.2%2.3.
C. NBMO Sending Lands. Except as otherwise specifically provided in Section 2.2.31.4, all
development with NBMO Sending Lands shall be consistent with Section 2.2.2'/2.4
2.2.31.4 GENERAL PLANNING AND DESIGN CONSIDERATIONS:
A. TRANSPORTATION: As a condition for the approval of the residential component of
any subdivision plat, site development plan, PUD, or DRI within Sections 21, 28, or 27
of the NBMO, the following transportation related improvements and planning and
design elements shall be addressed and provision made for their completion.
1. An extension of Wilson Boulevard shall be provided, including ROW dedication and
construction to County collector road standards, through Section 33, Range 27 East,
extending to the south to Interstate 75 via an interchange or service road for
residential development should it commence in Sections 21, 28 and 27. The portion
of Wilson Boulevard that traverses through NBMO Sending Lands shall be designed
with aquatic species crossings and small terrestrial animal crossings.
2. As an alternative to 2 above, a haul road along an extension of Wilson Boulevard
shall be improved to standards sufficient, in the opinion of County transportation
roN
TAL#531103.2 4
staff, to safely serve earth-mining activities with a connection through Sections 32
and 31 to Landfill Road.
3. Lands required for the extension of Wilson Boulevard will be dedicated to Collier
County at the time of rezoning. The right-of-way shall be of a sufficient size to
accommodate collector road requirements.
4. All new roads and road improvements, other than the Wilson Boulevard extension
and the haul road referenced in 3 above, shall:
a. be routed so as to avoid traversing publicly owned natural preserves, publicly
owned parks,publicly owned recreation areas, areas identified as environmentally
sensitive wildlife habitat, wildlife corridors, and greenways unless there is no
feasible and prudent alternative;
b. be designed with aquatic species corssings, small terrestrial animal crossings, and
large terrestrial animal crossings pursuant to Flroida Fish and Wildlife
Conservation Commission criteria.
B . BUFFERING. The western 1/4 of Sections 22 and 27 shall be buffered from the NBMO
NRPA to the east by a buffer preservation that includes all of the eastern 1/2 of the western
1/4 of Sections 22 and 27. This buffer shall consist of lake excavation areas between the
Wilson Boulevard extension road right-of-way and the NRPA.
C. GREENWAY. A Greenway that follows natural flowways, as contemplated in the
Community Character Plan prepared by Dover Kohl, shall be created within NBMO
Sending Lands. As a condition to the creation of TDR Credits from NBMO Sending
Lands that constitute natural flowways, such lands shall be dedicated to a public or
private entity for use as part of the Greenway.
2.2.31.5 ADDITIONAL SPECIFIC AREA PROVISIONS
A. RECEIVING LANDS
1.Density.
a. The base density in RFMU Receiving Lands, outside of a Rural Village is one
dwelling unit per five (5) gross acres.
b. This density may be increased, through TDR Credits, up to a maximum of 1
dwelling unit per gross acre.
c. Once a density of 1 dwelling unit per gross acre is achieved through TDR Credits,
additional may be achieved as follows:
(1) 0.1 dwelling unit per acre for each acre of native vegetation preserved on-site;
(2) 0.1 dwelling unit per acre for each acre of wetlands having a functionality
value, as assessed using the South Florida Water Mangement District's
Unified Wetlands Mitiation Assessment Method, of 0.65 or greater that are
preserved on-site; and/or
(3) 0.1 dwelling unit per acre for each acre of NBMO Sending Land that is within
either a NRPA or a buffer area adjoining a NRPA that is dedicated to a public
or private entity for conservation use.
2. The earth mining operation and asphalt plant uses that currently exist within NBMO
Receiving Lands may continue and may expand as follows:
a. Until June 19, 2004, or such other date as the GMP is amended to provide, such
uses may expand only into the western half of Section 21 and shall not generate
truck traffic beyond average historic levels.
TAL#531103.2 5
b. Such mining operations and an asphalt plant may expand on Sections 21 and 28
and the western quarters of 22 and 27 as a permitted use if either of the following
occur by June 19, 2004, or such other date as the GMP is amended to provide:
(1) an alignment has been selected, funding has been determined, and an
accelerated construction schedule established by the BCC and the mine
operator, for an east-west connector roadway between County Road 951 and
and the Wilson Boulevard extension; or
(2) the mine operator commits to construct a private haul road by June 19, 2006,
or such other date as the GMP is amended to provide, without the use of any
public funds..
c. If the conditions for expansion set forth in b above are not satisfied, any mining
operations or asphalt plant in these areas, other than continued operations on the
western half of Section 21 at historic levels, shall be permitted only as a
conditional use.
3. A Greenbelt is not required for any development in NBMO Receiving Lands, whether
inside or outside of a Rural Village.
4. NBMO Rural Village. A NBMO Rural Village shall adhere to the provisions for
Rural Village set forth in Section 2.2.21/2.2.11, except as follows:
a. Density.A NBMO Rural Village shall have a minimum gross density of 1.5
dwelling units per acre and a maximum gross density of three (3) dwelling units
per acre.
(1) The minimum required density shall be achieved through TDR and Bonus
Credits, as provided in Section 2.2.2%2.2.B.3.c.
(2) Once the minimum required density is achieved, additional density may be
achieved, up to the maximum of three (3) dwelling units per gross acre
through any one or combination of the following:
(a) TDR Credits;
(b) 0.3 dwelling unit per acre for each acre of native vegetation preserved on-
site;
(c) 0.3 dwelling unit per acre for each acre of wetlands having a functionality
value, as assessed using the South Florida Water Mangement District's
Unified Wetlands Mitigation Assessment Method, of 0.65 or greater that
are preserved on-site; and/or
(d) 0.3 dwelling unit per acre for each acre of NBMO Sending Land that is
within either a NRPA or a buffer area adjoining a NRPA that is dedicated
to a public or private entity for conservation use.
b. Sidewalks shall be required on both sides of the streets.
c. Interconnected bike lanes shall be provided on all collector and arterial roadways.
d. Schools shall be located within a NBMO Rural Village whenever possible, in
order to minimize bussing of students. Furthermore, whenever possible, schools
shall be co-located with other public facilities and civic structures, such as parks,
libraries, community centers,public squares, greens, and civic areas.
e. Elementary schools shall be accessible by local streets and pedestrian and bicycle
facilities and shall be located in or adjacent to the Rural Village Center, provided
that local streets provide access adequate to meets the needs of the School Board.
TAL#531103.2 6
B. NEUTRAL LANDS. Neutral Lands shall be governed by the standards set forth in
Section 2.2.2%2.3, with the exception that, in those Neutral Lands located in Section 24,
Township 49 South, Range 26 East, a minimum of 70% of the native vegetation present
shall be preserved.
TAL#531103.2 7
10/16/03 DRAFT
TAB F
2.6.9
ESSENTIAL SERVICES
TAL#531126.3 1
10/16/03 DRAFT
2.6.9 ESSENTIAL SERVICES
2.6.9.1. PERMITTED ESSENTIAL SERVICES
A. PERMITTED ESSENTIAL SERVICES IN ALL DISTRICTS EXCEPT CON
DISTRICTS, RFMU SENDING LANDS,NRPAS, HSAS, AND FSAS
B. PERMITTED ESSENTIAL SERVICES IN CON DISTRICTS, RFMU SENDING
LANDS,NRPAS, HSAS, AND RSAS
C. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN COMMERCIAL
AND INDUSTRIALLY ZONED DISTRICTS
D. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN AGRICULTURAL
AND ESTATE ZONED DISTRICTS
E. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN AGRICULTURAL
ZONED DISTRICTS
F. ADDITIONAL PERMITTED ESSENTIAL SERVICES IN RESIDENTIALLY
ZONED DISTRICTS
2.6.9.2 CONDITIONAL USES
A. CONDITIONAL ESSENTIAL SERVICES IN ALL ZONING DISTRICTS
EXCEPT RFMU SENDING LANDS, CON DISTRICTS, NRPAS, HSAS, AND
FSAS
B. CONDITIONAL ESSENTIAL SERVICES IN RFMU SENDING LANDS, CON
DISTRICTS, NRPAS, HSAS, AND FSAS
C. ADDITIONAL CONDITIONAL ESSENTIAL USES IN RESIDENTIAL AND
ESTATE ZONED DISTRICTS AND RFMU RECEIVING AND NEUTRAL
LANDS
2.6.9.3 CONDITIONAL USES THAT INCLUDE THE INSTALLATION OF STRUCTURES
2.6.9. Essential Services: Essential services are hereby defined as: facilities and services,
including utilities, safety services, and other government services, necessary to promote and
protect public health, safety and welfare, including but not limited to the following: police
law enforcement, fire, emergency medical, public park and public library facilities; and all
services designed and operated to provide water, sewer, natural gas, telephone, electricity,
cable television or communications to the general public by providers which have been
approved and authorized according to laws having appropriate jurisdiction, and
governmental facilities. Essential services are . _. - . - _ . . __
fallowingconditions authorized as follows:
2.6.9.1 Permitted Uses Essential Services.
A. Permitted Essential Services in All Districts Except CON Districts, RFMU
Sending Lands, NRPAs, HSAs, and FSAs. The following user, essential
TAL#531126.3 2
services are allowed as permitted uses in all zoning districts, except as
specifically prohibited herein for Conservation, RFMU District Sending
Lands, and RLSA HSAs and FSAs:
a. In every zoning district:
1. wWater lines and;sewer lines;;,
2. glias lines, except those associated with oil extraction and related
processing operations as defined in this code and regulated under
applicable federal and state law ;
3. tTelephone lines, telephone switching stations, and cable television
lines;
4. Communication Towers, limited to those providing wireless
emergency telephone service, subject to all applicable provisions
Section 2.6.35 of this Code;
5. eElectrical transmission and distribution lines, substations, and
emergency power structures;
6. sSewage lift stations;and water pumping stations;
7. eEssential service wells (including extraction facilities; and
requisite ancillary facilities;);and
8. aAny other wells which have been or will be permitted by the South
Florida Water Management District or the Florida dDepartment of
eEnvironmental protection either prior to or subsequent to the
effective date of this ordinance, or if the respective well and/or well
related facility is otherwise required to be installed or constructed
by law; •- _ _ - . _ : . . . . . . . _ _ . . --
these services. If any proposed well is a Collier County owned well
under the permitting jurisdiction of a Florida agency, staff, early in
the eCounty's well permit application process, shall post sign(s) at
the eCounty's proposed well site(s) and shall provide written notice
that the county has applied for a required well permit to property
owners within 300 feet of the property lines of the lots or parcels of
land on which the applied-for well is being sought by the eCounty,
including, if applicable, the times and places of the permitting
agency's scheduled public hearings;
B. Permitted Essential Services in CON Districts, RFMU Sending Lands, NRPAs1
HAS, and FSAs .
1. Within CON Districts, Sending Lands in the RFMU District, and within
designated Habitat Stewardship Areas (HSA) and Flow way Stewardship
Areas (FSA) within the RLSA overlay district subject to the limitations
set forth in 2.2.27.11. B.2, the following essential services are permitted:
a. Private wells and septic tanks;
b. Utility lines, except sewer lines;
c. Sewer lines and lift stations, only if located within already cleared
portions of existing rights-of-way or easements, and necessary to
serve a publicly owned or privately owned central sewer system
TAL#531126.3 3
providing service to urban areas and/or the Rural Transition Water
and Sewer District; and,
d. Water pumping stations necessary to serve a publicly owned or
privately owned central water system providing service to urban
areas and/or the Rural Transition Water and Sewer District.
h.-C. Additional Permitted Essential Services in Commercial and Industrially Zoned
Districts. In commercial and industrially zoned districts=, in addition to the
essential services identified above in Section 2.6.9.1,other governmental facilities,
as defined by this Code, including law enforcement, fire, emergency medical
services and facilities, public park and public library services and facilities, to the
- - - . ' - • = • .• -- - - . •_ •, shall be
considered a permitted essential service.
e-D. Additional Permitted Essential Services in the Agricultural and Estate Zoned
Districts. In the agricultural and estate zoned districts, in addition to the essential
services identified above in Section 2.6.9.1.A., the following governmental
services and facilities shall be considered permitted essential services:
nonresidential not-for-profit child care, nonresidential education facilities,
libraries, museums, neighborhood parks, and recreational service facilities.
E. Additional Permitted Essential Services in the Agricultural Zoned District: In the
agricultural zoned district, in addition to the essential services identified above in
Section 2.6.9.1.A., safety services, and other government services, necessary to
promote and protect public health, safety and welfare are permitted essential
services, limited to the following: law enforcement, fire, and emergency medical
services.
4F. Additional Permitted Essential Services in Residentially Zoned Districts. In
residentially zoned districts, in addition to the essential services identified above
in Section 2.9.6.1.A.,: neighborhood parks shall be considered a permitted
essential service.=
2.6.9.2.Conditional uses. The following uses require approval pursuant to section 2.7.5+4.s
conditional uses:
e-A. Conditional Essential Services in Every Zoning District Excluding the RFMU
District Sending Lands, Conservation zoned lands, NRPAs, and RLSA designated
HSAs and FSAs: In every zoning district, unless otherwise identified as permitted
uses, and excluding RFMU District Sending Lands, Conservation zoned lands,
and NRPAs, the following uses shall be allowed as Conditional Uses:
1. eElectric or gas generating plants3i
2. eEffluent tanks
3. major re-pump stations sewage treatment plants, including percolation
ponds, and water aeration or treatment plants,
4. hHospitals and hospices; and, water aeration or treatment plants,
5. g_Government facilities, including where not identified as a permitted use
in this section, safety service facilities such as including law enforcement,
fire, emergency medical services. , = -_. . _ _ _
2.6.9.1.,of this code. -
TAL#531126.3 4
n B. Conditional Essential Services in RFMU Sending Lands, NRPAs, Conservation
zoned districts, and RLSA designated HSAs and FSAs. Within RFMU District
Sending Lands, NRPAs, Conservation zoned districts, and the RFLA designated
HSAs and FSAs subject to the limitations set forth in 2.2.27.11. B.2 , in addition
to the essential services identified as allowed conditional uses in Section
2.6.9.2.A. above, the following additional essential services are allowed as
conditional uses:
1. Sewer lines and lift stations necessary to serve a publicly owned or
privately owned central sewer system providing service to urban areas
and/or the Rural Transition Water and Sewer District, when not located
within already cleared portions of existing rights-of-way or easements:,
2. Safety Services limited to law enforcement, fire, and emergency medical
services .
C. Additional Conditional Uses in Residential, and Estate Zoned Districts, and in
RFMU Receiving and Neutral Llands: In residential, agricultural, and estate
zoned districts= and in RFMU Receiving and Neutral Lands, in addition to those
essential services identified as conditional uses in Section 2.6.9.2.A., above, the
following essential service shall also be allowed as conditional uses:
1. (Regional parks and community parks;;
2. Public parks and public library facilities;
3. sSafety service facilities;;,
4. eOther similar facilities, except as otherwise specified herein.
2.6.9.3 .. ' . , •
. . . . • . Conditional Uses that Include the installation
of Structures:
1. Where structures are involved other than structures
supporting lines or cables, such structures shall comply with the
regulations for the district in which they are located, or as may be required
on an approved site development plan under division 3.3. In addition, the
structures shall conform insofar as possible to the character of the district
in which they are located as to development standards, as well as
architecture and landscaping, with utilization of screening and buffering to
ensure compatible with the diet surrounding and nearby existing and
future uses.
2. Within the RFMU District Sending Lands, NRPAs, Conservation Districts,
and the RLSA HSAs and FSAs, structures supporting the conditional use
shall be located so as to minimize any impacts on native vegetation and on
wildlife and wildlife habitat.
2.6.9.43. - . _ . _ _. _ _'. ._ ' •_ . Essential services shall not be
deemed to include the erection of structures for commercial activities such
as sales or the collection of bills in districts from which such activities
would otherwise be barred. Unstaffed billing services, which are accessory
uses to the normal operations of the essential service, may be permitted.
r1
TAL#531126.3 5
10/16/03 DRAFT
n
TAB G
2.6.35
COMMUNICATIONS TOWERS
TAL#531104.3 1
10/16/03 DRAFT
2.6.35 COMMUNICATIONS TOWERS.
2.6.35.1 PURPOSE AND INTENT
2.6.35.2 THROUGH 2.6.35.5.8. NO CHANGE.
2.6.35.5.9 MIGRATORY BIRDS AND OTHER WILDLIFE CONSIDERATIONS
A. MOUNTED TOWERS
B. BIRD DIVERTER DEVICES
C. HABITAT LOSS
D. SECURITY LIGHTING
2.6.35.6.12 THROUGH 2.6.3 5.11. NO CHANGE.
2.6.35.6.12. TOWER LIGHTING
A. TOWERS AND ANTENNAS EXCEEDING 150 FEET.
B. TOWERS EXCEEDING 199 FEET
2.6.35.6.13 THROUGH 2.6.35.7. NO CHANGE.
2.6.35.8. WIRELESS EMERGENCY TELEPHONE SERVICE
2.6.35.8.1. CO-LOCATED FACILITIES
2.6.35.8.2. NEW TOWERS OR ANTENNAS
2.6.35.8.3 SUFFICIENCY NOTICE
2.6.35.8.4 DEFAULT APPROVAL
2.6.35.8.5 WAIVER
2.6.35. Communications towers.
TAL#531104.3 2
2.6.35.1. Purpose and intent. This section applies to specified communication towers that
support any antenna designed to receive or transmit electromagnetic energy, such as but not
limited to telephone, television, radio or microwave transmissions. This section sets
standards for construction and facilities siting; is to minimize where applicable adverse
visual impacts of towers and antennas through careful design, siting and vegetation
screening; to avoid potential damage to adjacent properties from tower failure; to maximize
the use of specified new communication towers and thereby to minimize need to construct
new towers; to maximize the shared use of specified tower sites to minimize the need for
additional tower sites; to lessen impacts new ground mounted towers could have on
migratory and other species of birds; to prevent unnecessary habitat fragmentation and/or
disturbance in siting and designing new towers; and to consider the concerns of the Collier
Mosquito Control District as to low flying mosquito control aircraft safety.
2.6.35.2 through 2.6.35.5.8. No change
2.6.35.5.9 Migratory Birds and other Wildlife Considerations.
A. Ground Mounted Towers. Except to the extent not feasible for the respective new ground
mounted tower's intended purpose(s), each new ground mounted tower that will exceed a
height of seventy-five (75) feet (above ground), exclusive of antennas,but will not exceed
a height of one hundred and ninety-nine (199) feet above natural grade, exclusive of
antennas, should not be guyed. If the applicant desires proposes that a new ground
mounted tower within this height range be guyed, the applicant shall have the burden of
proving the necessity of guying the tower.
B. Bird Diverter Devices. Each new ground mounted guyed tower installed after January 1,
2004, greater then seventy-five (75) feet in height above natural grade, exclusive of
antennas, shall have installed and maintained bird diverter devices on each guy wire (to
reduce injuries to flying birds).
C. Habitat Loss. In addition to the requirements in Division 3.9, towers and other on-site
facilities sited in the rural area east of State Road 951 shall be designed, sited, and
constructed to minimize habitat loss within the tower footprint. At such sites, road access
and fencing, to the extent feasible, shall be utilized to minimize on-site and adjacent
habitat fragmentation and/or disturbances.
D. Security Lighting. When feasible, security lighting to protect on-ground
facilities/equipment shall be down-shielded to try to keep such light within the outermost
geographic boundaries of the tower's footprint.
2.6.35.6.1 through 2.6.35.11. No change
2.6.35.6.12. Tower lighting.
TAL#531104.3 3
A. Towers and Antennas Exceeding 150 Feet. Towers and antennas with a height greater
than 150 feet shall be required to have red beacon or dual mode lights unless exempted in
writing by the Collier County Mosquito Control District. Such lights shall meet the then
existing Federal Aviation Administration (FAA) technical standards. No other towers or
antennas shall be artificially lighted except as required by the FAA, the Federal
Communications Commission, or other applicable laws, ordinances or regulations. If the
FAA rules require lighting, then the applicant shall comply with such rules.
B. Towers Exceeding 199 Feet. Each new tower that will have a height in excess of one
hundred and ninety-nine (199) feet above ground, exclusive of antennas, and such tower
shall be lighted no more than is otherwise required by state and/or federal law, rule, or
regulation. Unless otherwise then required by law, rule or regulation, only white
(preferable) or red strobe-type lights shall be used at night. Such lights shall not exceed
the minimum number, minimum intensity, and minimum light flashes per interval of time
(requiring the longest allowable duration between light flashes) required by state or
federal law, rule, or regulation. Solid red (or pulsating red) warning lights shall not be
used at night.
2.6.35.6.13 through 2.6.35.7. No change.
III
2.6.35.8. Wireless Emergency Telephone Service. Notwithstanding any other provisions of
Section 2.6.35, the following provisions shall apply to communications towers that provide
wireless emergency telephone service.
A. These facilities are Essential Services.
B. Each applicant for these permits is required to clearly inform County staff by means of an
emboldened "notice" in a cover letter or on the first page of the permit application,
substantially as follows: This Application is subject to the expedited timelines specified in
Chapter 365.172, Florida Statutes.
C. Applicants for these permits need not provide staff with evidence that a proposed wireless
communications facility complies with federal regulations, but staff may require from
such applicant proof of proper FCC licensure, and staff may request the FCC to provide
information as to the provider's compliance with federal regulations to the extent then
authorized by federal law. The County has no permitting jurisdiction with regard to
wireless communications facilities located (or to be located) on property owned by the
State of Florida, including State-owned rights-of-way.
2.6.35.8.1. Co-located Facilities. Provided the then existing zoning applicable to the proposed
site allows E911 facilities without a need to rezone, a need to obtain conditional use
approval, or any other required process (such as, for example, having an agreement
amended), the County shall grant or deny a properly completed application requesting co-
location of E911 Service, or co-location for wireless telephone service, not later then forty-
five (45) business days after the date that a properly completed application is initially
submitted to staff in accordance with all applicable permit application requirements in
section 2.6.35. Co-location of such facilities on a then existing above-ground tower or other
/...\ above-ground structure shall not be subject to the land development regulations pursuant to
Section 163.3202, Florida Statutes, provided the height of the then existing tower or
TAL#531104.3 4
structure is not thereby increased. Co-location of such antenna, or co-location of related
equipment, shall be subject to applicable building regulations, and with all then existing
permits or agreements applicable to that tower or to the underlying property. Nothing
herein, including the forty-five (45) business days timeline, shall relieve the permit holder
for, or owner of, the then existing tower or structure from complying with applicable permit
requirements, or applicable agreement(s), or with applicable land development regulation
(including aesthetic requirement), or compliance with any other then applicable law(s).
2.6.35.8.2. New Towers or Antennas. The County shall grant or deny an application requesting
location of a new wireless telephone service tower, or for location of antenna(s) for wireless
telephone service, not later then ninety (90) business days after the date that an appplication
that fully complies with the requirements of Section 2.6.35 is submitted, provided the then
existing zoning applicable to the proposed site allows the E911 facilities without need to
rezone, the need to apply conditional use approval, or other required procedures. Provided
further that nothing herein shall affect permit compliance of such facilities with applicable
federal regulations, applicable zoning and/or land development regulations (including
aesthetic requirements), or with applicable building regulations. Pursuant to Section 365.172,
Florida Statutes.
2.6.35.8.3. Sufficiency Notice. Within twenty (20) business days of receiving the permit
application for any facility listed above in subsection 2.6.35.8.1 or in 2.6.35.8.2., staff shall
in writing notify the permit applicant whether the application is, or is not, properly
completed. If such permit application is not properly completed, staff shall with specificity
notify the applicant of any and all deficiencies, which if cured will thereby render the
application being properly completed. Staff should also notify the applicant whether the
applicable zoning classification allows the applied-for use(s) without rezoning, without
conditional use approval, or without any other related ancillary approval process or
permission.
2.6.35.8.4 Default Approval.
A. An application for E911 service, co-location of wireless telephone service, or new
location for wireless telephone service or antennae shall be deemed to have been
automatically granted provided that:
1. Such service or facility is allowed in the applicable zoning district without a rezone,
without the need to apply for a conditional use, or without the need to apply for some
other permit;
2. the County fails to either grant or deny the applied-for permit within the time frames
set forth in Sections 2.6.35.8.1 or 2.6.35.8.2, as applicable; and
3. the applicant has not agreed to an extension of time, as provided in Section
2.6.35.8.5.
B. However, the applied-for permit shall not be deemed granted if final action requires
action by the BCC, but such action is prevented due to emergency conditions beyond the
County's control. In such instance, the time for final action on the appliation shall be
extended until the next regularly scheduled meeting of the BCC. The permit shall be
deemed to be granted if the BCC fails to take final action at that time.
TAL#531104.3 5
2.6.35.8.5. Waiver. Extensions of the above-described applicable timelines (deadlines) shall not
be effective except to the extent voluntarily agreed to by the permit applicant. Narrow
exception: a one-time timeline waiver may be required if there then exists an emergency that
directly affects the administration of all of the County's communications tower permitting
activities which had been formally declared by the County, by the State of Florida, or by the
federal government.
ri
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t
10/16/03 DRAFT
TAB H
3.5.11
LITTORAL SHELF PLANTING AREA
TAL#531106.2 1
10/16/2003 DRAFT
Sec. 3.5.11 Littoral Shelf Planting Area (LSPA). Sec. 3.5.11 Littoral Shelf Planting
Area (LSPA). The purpose and intent of a littoral shelf planting area (LSPA) is to establish
a planted area within an excavated lake serving as a wet detention pond as part of a
stormwater management system that will support wetland plants, improves the water quality
within the lake and provides habitat for a variety of aquatic species including wading birds
and other waterfowl. Contained within an excavated such a lake, this area will typically
function as a freshwater marsh. Accordingly, the following requirements have been
established in order for the LSPA to be designed and maintained to accomplish this stated
purpose and function.
3.5.11.1 Design Requirements.
3.5.11.1.1 Area Requirements. The total area of the LSPA shall be calculated as a percentage
of the total area of the lake at control elevation. Area requirements vary within the County
and are as follows:
a. Rural Fringe Mixed Use District — Reserved 30 percent. This requirement may be
reduced subject to the incentives identified in Section 3.9.4;
b. All other areas—7 percent.
3.5.11.2 through 3.5.11.3 No change
3.5.11.4. Exemptions. Lake excavations activities which are lawfully permitted and
used for aquaculture shall be exempt from the LSPA requirements. Lake excavation
activities subject to the Resource Extraction Reclamation Act (Ch. 378, Part IV, Fla. Stat.)
shall be exempt from the LSPA requirements but shall otherwise be required to follow the
mine reclamation requirements required in Section 3.5.7.6. Exempted lake excavations that
are modified to allow the lake to function as a wet detention pond as part of a stormwater
management system shall no longer be exempted from this section and shall meet the
standards contained herein at the time of modification.
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10/16/03 DRAFT
TABI
2.6.39
TDRS
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10/16/03 DRAFT
/�\
2.6.31. TRANSFER OF DEVELOPMENT RIGHTS
2.6.36.1 PURPOSE, INTENT, AND APPLICABILITY
A. PURPOSE
B. INTENT
C. APPLICABILITY
2.6.36.2 TRANSFER OF DEVELOPMENT RIGHTS FROM URBAN AREAS TO
URBAN AREAS
2.6.39.3 TDR CREDITS FROM RFMU SENDING LANDS: GENERAL PROVISIONS
2.6.39.4 TRANSER OF DEVELOPMENT RIGHTS FROM RFMU SENDING LANDS
TO NON-RFMU RECEIVING AREAS
A. TRANSFERS TO URBAN AREAS
B. TRANSFERS TO THE URBAN RESIDENTIAL FRINGE
2.6.39.5 TRANSFERS FROM RFMU SENDING LANDS TO RFMU RECEIVING
LANDS
2.6.39.6 PROCEDURES APPLICABLE TO THE TRANSFER OF TDR CREDITS
FROM RFMU SENDING LANDS
A. GENERAL
B. COUNTY MAINTAINED CENTRAL REGISTRY
2.6.39 TRANSFER OF DEVELOPMENT RIGHTS (TDR)
2.6.39.1 PURPOSE, INTENT, AND APPLICABILITY
A. Purpose:
1. The primary purpose of the TDR process is to establish an equitable method
of protecting and conserving lands determined to have significant
environmental value, including large connected wetland systems and
significant areas of habitat for listed species; and
2. To provide a viable mechanism for property owners of such environmentally
valuable lands to recoup lost value and development potential which may be
associated with the application of environmental preservations standards to
such lands.
/'1 B. Intent: These TDR provisions are intended to accomplish the above stated
purpose through an economically viable process of transferring development
TAL#531117.3 1
rights from less suitable non-RFMU sending areas and RFMU Sending Lands to
more suitable non-RFMU receiving areas and RFMU Receiving Lands.
C. Applicability: These TDR provisions shall be applicable to those areas
specifically identified in 2.6.39.2, 2.6.39.3, and 2.6.39.3 below. These TDR
provisions shall not be applicable to the any transfer of development rights within
the RLSA District.
2.2.24.11. 2.6.39.2.TRANSFER OF DEVELOPMENT RIGHTS FROM URBAN
AREAS TO URBAN AREAS. An owner of land located within areas designated as
urban on the Future Land Use Map, including agriculturally zoned properties, which
may or may not be identified with the ST overlay, may elect to transfer some or all of
the residential development rights from one parcel of land to another parcel, as an
alternative to the development of the sending lands. The lands to which the
development rights are to be transferred shall be referred to as receiving lands and
those lands from which development rights are transferred shall be referred to as
sending lands, as provided herein and shall be located within the urban designated
areas of the county
2.2.24.11.1. A. The development rights shall be considered as interests in real
property and be transferred in portions or as a total as provided in this section.
Once used, the residential development rights shall not be used again and the
residential development rights of the subject lands providing them shall be
considered severed forever
2.2.24.11.2. B. The transfer of development rights to be used shall be subject to all of
the requirements of the basic zoning district to which they are transferred unless
specifically approved otherwise as provided by law
2.2.24.11.3. C. The minimum area of land eligible for the transfer of development
rights shall be equal to the minimum lot size for the sending zone. For the
purposes of this section, legal non-conforming lots of record maybe eligible to
transfer density, with the minimum area of the receiving land equal to the area of
the legal non-conforming lot of record, excluding submerged land
2.2.24.11.4. D. Upon the approval of the transfer of residential development rights
by a super majority vote of the board of county commissioners, the property
owner of the sending land shall dedicate in fee simple the land to the county or a
state or federal agency; however, the lands may be dedicated in fee simple to a
private, not-for-profit conservation or environmental organization in accordance
with F.S. § 704.06, as amended, with the approval of the board of county
commissioners
2.2.24.11.5. E. The maximum number of residential units which may be requested
for transfer shall be compiled on the basis of the permitted density pursuant to the
underlying zoning category of the sending land
TAL#531117.3 2
2.2.24.11.6. E.Maximum number of residential units which eligible lands may receive
1. Lands in all residential zoning districts and residential components of planned
unit development zoning districts are eligible to receive residential
development units provided that the maximum number of residential units
which may be transferred to the receiving land does not exceed ten percent of
the maximum number of residential units permitted under the receiving
property's basic zoning district. For the purpose of determining the number of
residential units which a parcel of land is capable of receiving, the following
formulas shall apply_
a. RSF-1 through RSF-5 districts,up to and including five units per acre:
Units per base density X 10%= .1 to .5 units per acre
b. RMF-6 district,up to and including six units per acre:
6 units X 10%= 0.6 units per acre
c. RMF-12 district, seven to and including 12 units per acre:
12 units X 10%= 1.20 units per acre
d. RMF-16 district:
16 units X 5%=0.80 units per acre
e. RT district:
16 units X 5%=0.80 units per acre
26 units X 5%= 1.30 units per acre
f. PUD district:
Residential tract units X 5%=permitted units per acre
2. For the purpose of calculating the final fractional residential unit of the total
number of residential units eligible for transfer to an eligible parcel of land,
the following shall apply: Any fractional residential unit shall be converted
upward if one-half or more of a whole unit, or downward if less than one-half
of a whole unit, to the nearest whole unit value
2.2.24.12. F.Procedure for obtaining transfer of residential development rights. Any
owner of eligible land may apply for a transfer of development rights either
separately or concurrently with rezoning, zoning ordinance amendments,
preliminary subdivision plat or development plan. Prior to the approval of any
transfer of development rights or the issuance of any building permits in
connection with the use of any transfer of development rights, the petitioner shall
submit the following information and data, as applicable to the petition, to the
development services director for his review and subsequent action by the board
?"'N of county commissioners
TAL#531117.3 3
1. Name and address of property owner of sending land.
2. Name and address of property owner of receiving land.
3. Legal description of sending land from which transfer of residential
development rights is petitioned.
4. Survey of sending land from which transfer of residential development rights
is requested.
5. Legal description of receiving land which receives the transfer of residential
development rights.
6. Survey of the land which receives the transfer of residential development
rights.
7. Three copies of an executed deed of transfer of ownership of the sending
property to the county or a state or federal agency; however, the lands may be
dedicated in fee simple to a private, not-for-profit conservation or
environmental organization in accordance with F.S. § 704.06, as
amended, with the approval of the board of county commissioners in a form
approved by the county attorney.
8. The owner of the sending land shall provide a guarantee, agreeable to and
approved by ordinance of the board of county commissioners, that the sending
land will be utilized only for the purposes of increasing public recreational
and/or educational opportunities, creation of linkages between public or
private open space,protection of critical habitat/ecosystems, or other public
purpose as specified in the ordinance of adoption. Such a guarantee shall be
recorded with the clerk of the circuit court of Collier County, Florida as a
recorded restriction of the use of such land and shall be binding upon all
present and subsequent owners, heirs, or assigns of such property. Such
restrictions may not be amended, deleted, or otherwise altered, except by a
majority vote of the board of county commissioners.
2.2.24.13. G. Time limitations on board of county commissioners'approval of
transfer of residential development rights or authorization to proceed with the
processing of a building construction permit. The board of county commissioners'
approval of a transfer of residential development rights or the planning services
director's authorization to proceed with the processing of a building or
construction permit shall be valid so long as such approval is permitted by law.
The failure to act on the part of the petitioner to exercise the transfer of residential
development rights or obtain and exercise an authorized building or construction
permit within the time period provided by law shall automatically terminate such
approval and the county shall be held harmless for any damages arising out of the
petitioner's failure to act
2.2.21.14. H.Sequential use of residential units approved for transfer by the board of
county commissioners. Upon the issuance of any permit for the
construction of residential unit(s)upon the receiving land, the first
residential units built thereon shall be considered to be the residential units
TAL#531117.3 4
/'`N approved for transfer by the board of county commissioners, and the
succeeding residential units constructed shall be considered the residential
units permitted under the basic zoning district regulations
2.6.39.3 TDR CREDITS FROM RFMU SENDING LANDS: GENERAL
PROVISIONS
A. Creation of TDR Credits.
1. TDR Credits are generated from RFMU Sending Lands at a rate of 1 TDR
Credit per 5 acres of RFMU Sending Land or, for those legal non-conforming
lots or parcels of less than 5 acres that were in existence as of June 22, 1999,
at a rate of 1 TDR Credit per legal non-conforming lot or parcel.
2. For lots and parcels 5 acres or larger, the number of TDR Credits generated
shall be calculated using the following formula:
# of acres x 0.2 =#of TDR Credits generated.
Where the number of TDR Credits thus calculated is a fractional number, the
number of TDR Credits created shall be rounded to the nearest 1/100th.
B. TDR Credits from RFMU Sending Lands may be transferred into Urban Areas,
the Urban Residential Fringe, and RFMU Receiving Lands, as provided in
Sections 2.6.39.4 and 2.6.39.5.
C. Prohibition on Transfer of Fractional TDRs. While fractional TDR Credits may
be created, as provided in A above, TDR Credits may only be transferred from
RFMU Sending Lands in increments of whole,not fractional, dwelling units.
Consequently, fractional TDR Credits must be aggregated to form whole units,
before they can be utilized to increase density in either non-RFMU Receiving
Areas or RFMU Receiving Lands.
D. Prohibition on Transfer of Development Rights.
1. TDR Credits shall not be transferred from RFMU Sending Lands where a
conservation easement or other similar development restriction prohibits the
residential development of such property.
2. TDR Credits shall not be transferred from RFMU Sending Lands that were
cleared for agricultural operations after June 19, 2002, for a period of twenty-
five (25) years after such clearing occurs.
2.6.39.4 TRANSFER OF DEVELOPMENT RIGHTS FROM RFMU SENDING
LANDS TO NON-RFMU RECEIVING AREAS
A. Transfers to Urban Areas.
TAL#531117.3 5
�., 1. Maximum density increase. In order to encourage residential in-fill in urban
areas of existing development outside of the Coastal High Hazard Area, a
maximum of 3 residential dwelling units per gross acre may be requested
through a rezone petition for projects qualifying under this residential infill
provisions of the Future Land Use Element Density Rating System, subject to
the applicable provisions of Division 2.7 of this Code, and the following
conditions:
a. The project is 20 acres or less in size;
b. At time of development, the project will be served by central public water
and sewer;
c. The property in question has no common site development plan with
adjacent property;
d. There is no common ownership with any adjacent parcels; and
e. The parcel in question was not created to take advantage of the in-fill
residential density bonus and was created prior to the adoption of this
provision in the Growth Management Plan on January 10, 1989.
f. Of the maximum 3 additional units, one (1) dwelling unit per acre shall be
transferred from RFMU Sending Lands. Site Plan or Plat Approval.
2. Developments which meet the residential infill conditions a through e above
may increase the base density administratively through a Site Development
Plan or Plat approval by a maximum of one dwelling unit per acre by
transferring that additional density from RFMU District Sending Lands.
B. Transfers to the Urban Residential Fringe. TDR Credits may be transferred from
RFMU Sending Lands located within one mile of the Urban Boundary into lands
designated Urban Residential Fringe at a rate of 1.0 dwelling units per acre,
allowing for a density increase from the existing allowable base density of 1.5
dwelling units per acre to 2.5 dwelling unit per gross acre.
2.6.39.5 TRANSFERS FROM RFMU SENDING LANDS TO RFMU RECEIVING
LANDS.
A. Maximum Density on RFMU Receiving Lands When TDR Credits are
Transferred from RFMU Sending Lands.
1. The base residential density allowable shall be as provided in Sections
2.2.2'/2.2.A.1.a. and 2.2.2%2.2.B.3.a.
2. The density achievable through the transfer of TDR Credits into RFMU
Receiving Lands shall be as provided for in Section 2.2.21/2.2.A.b.(1) outside
of Rural Villages and Section 2.2.2%2.2.B.3.b, c, and d inside of Rural
Villages.
B. Remainder Uses After TDR Credits are Transferred from RFMU Sending Lands.
Where development rights have been transferred from RFMU District Sending
Lands, such lands may be retained in private ownership and may be used as set
forth in Section 2.2.2'/2.4.A.2.
TAL#531117.3 6
r•-• 3.6.39.6. PROCEDURES APPLICABLE TO THE TRANSFER OF TDR CREDITS
FROM RFMU SENDING LANDS.
A. General. The transfer of TDR Credits from RFMU Sending Lands does not
require the approval of the County. However, those developments that utilize
such TDR Credits are subject to all applicable permitting and approval
requirements of this Code, including but not limited to those applicable to site
development plans,plat approvals,PUDs, and DRIs.
B. County-Maintained Central TDR Registry. In order to facilitate the County's
monitoring of the TDR Program, the County shall serve as the central registry of
all TDR Credit purchases, sales, and transfers. No TDR Credit generated from
RFMU Sending Lands may be utilized to increase density in any area unless the
following procedures are complied with in full.
1. TDR Credits shall not be used to increase density in either non-RFMU
Receiving Areas or RFMU Receiving Lands until severed from RFMU
Sending Lands. TDR Credits shall be deemed to be severed from RFMU
Sending Lands at such time as a TDR Credit Certificate is obtained from the
County and recorded. A TDR Credit Certificate shall be provided by the
County upon submission of the following:
a. a legal description of the property from which the RFMU TDR Credits
originated, including the total acreage.,
b. a title search, or other evidence, establishing that prior to the severance of
the TDR Credits from the RFMU Sending Lands, such Sending Lands
were not subject to a conservation restriction or other development
restriction that prohibited residential development;
c. a legal instrument,prepared in accord with the form provided by the
County, that limits the allowable uses on the property after the severance
of TDR Credits as set forth in Sections 2.2.2'/2.4.A.2; and
d. a statement identifying the price, or value of other remuneration,paid to
the owner of the RFMU Sending Lands from which the TDR Credits were
generated, unless such owner retains ownership of the TDR Credits after
they are severed, and establishing that the value of any such remuneration
is at least $25,000 per TDR Credit.
2. No application for a site development plan, subdivision plat, PUD, or DRI,
where such development will utilize TDR Credits from RFMU Sending
Lands, shall be deemed sufficient until the developer submits the following:
a documentation that the developer has acquired or has a contract to acquire
all TDR Credits needed for the development; and
b. a TDR transaction fee of f $ 1.
3. The approval of any development that will utilize TDR Credits from RFMU
Sending Lands shall be conditional if, at the time of such approval, the
developer has not yet acquired full ownership and control of all TDR Credits
needed for the development and/or the TDR Credit Certificates for all TDR
Credits needed for the development have not yet been recorded. The
developer shall have 60 days after the date of such conditional approval to
TAL#531117.3 7
provide documentation of the acquisition of full ownership and control of all
TDR Credits needed for the development and to record the TDR Credit
Certificates for all such TDR Credits. If such documentation is not provided
within 60 days, the approval shall be null and void.
1'\
n
TAL#531117.3 8
Revision 10/16/03
TAB J
2.6.40
DENSITY BLENDING
TAL#531105.1 1
r r 10/16/03 DRAFT
2.6.40 DENSITY BLENDING
2.6.40.1 PURPOSE
2.6.40.2 CONDITIONS AND LIMITATIONS
A. PROPERTIES STRADDLING RFMU RECEIVING
OR NEUTRAL LANDS
B. PROPERTIES STRADDLING RFMU SENDING LANDS
C. PROPERTIES STRADDLING THE IMMOKALEE URBAN
AREA AND THE RLSA DISTRICT
2.6.40.DENSITY BLENDING
2.6.40.1 Purpose: In order to encourage unified plans of development and to preserve
wetlands, wildlife habitat, and other natural features that exist within properties that straddle
the Future Land Use Urban Mixed Use and Rural Fringe Mixed Use Districts that were in
existence and either owned or under contract for purchase by the applicant as of June 19,
2002, or the Urban and Rural Designation as provided for in the Immokalee Area Master
/1 Plan, the allowable gross density in aggregate (and intensity in the case of those lands
identified as eligible in the Immokalee Area Master Plan) may be distributed throughout the
project, regardless of whether or not the density or intensity allowable for a portion of the
project exceeds that which is otherwise permitted by the Future Land Use Element or
Immokalee Area Master Plan as the case may be, subject to the conditions and limitations set
forth in 2.6.40.2
2.6.40.2. Conditions and Limitations:
A. Properties Straddling RFMU Receiving or Neutral Lands: Density blending between
properties straddling either the Urban Residential Subdistrict or Urban Residential Fringe
Subdistrict and either Neutral or Receiving Lands within the RFMU District is permitted,
subject to all of the following conditions and limitations:
1. The project straddles either the Urban Residential Sub-District or Urban Residential
Fringe Sub-District and either the RFMU District Neutral or Receiving Lands.
2. The project in aggregate is at least 80 acres in size.
3. At least 25%of the project is located within the Urban Mixed Use District.
4. The entire project is located within the Collier County Sewer and Water District
Boundaries and will utilize central water and sewer to serve the project unless interim
provisions for sewer and water are authorized by Collier County.
5. The project is currently zoned or will be rezoned to a PUD.
6. Density to be shifted to the RFMU District from the Urban Residential Sub-District is
r to be located on impacted lands, or the development on the site is to be located so as
to preserve and protect the highest quality native vegetation and/or habitat on-site and
TAL#531105.1 2
to maximize the connectivity of such native vegetation and/or habitat with adjacent
preservation and/or habitat areas.
7. The entire project shall meet the applicable preservation standards of the RFMU
District as set forth in Section 3.9.4.3.1. These preservation requirements shall be
calculated based upon, and apply to, the total project area.
B. Properties Straddling RFMU Sending Lands: Density blending between properties
straddling the Urban Residential Fringe Subdistrict and Sending Lands in the RFMU
District is permitted subject to all of the following conditions and limitations:
1. The project straddles the Urban Residential Fringe Sub-District and the RFMU
District Sending Lands.
2. The project in aggregate is at least 400 acres.
3. At least 25% of the project is located within the Urban Residential Fringe Sub-
District.
4. The project must extend central water and sewer (from the urban designated portion
of the project) to serve the entire project, unless alternative interim sewer and water
provisions are authorized by Collier County; and
5. The Project is currently zoned or will be zoned PUD.
6. The density to be shifted to the RFMU District Sending Lands shall be located on
impacted or disturbed lands, or shall be located so as to preserve and protect the
highest quality native vegetation and/or habitat with adjacent preservation and/or
habitat areas.
7. Native vegetation shall be preserved as follows:
a. As identified in Section 3.9.4 in those portions of the Project to be located in the
Urban Residential Fringe Subdistrict.
b. In those portions of the Project to be located in the RFMU District Sending Lands,
the native vegetation preservation requirement shall be 90% of the native
vegetation, not to exceed 60% of the area of the Project designated as RFMU
District Sending Lands.
c. Where wetland areas are impacted through the development process, but resulting
wetlands functions, including functions relating to habitat and flowways, are
enhanced, such wetland areas shall be credited toward satisfaction of the native
vegetation preservation requirements and shall not be considered impacted. These
wetland areas may be used for water storage provided that the water discharged in
these areas is pre-treated.
8. Permitted uses for density blending under this provision include residential
development and associated amenities, including golf courses meeting the criteria for
golf courses within the Neutral area. This provision is not intended to eliminate any
uses permitted within the applicable underlying zoning district(s).
C. Properties Straddling the Immokalee Urban Area and the RLSA District: Density and
Intensity Blending between properties straddling the Immokalee Urban Area and the
RLSA District shall be permitted, subject to all of the following conditions and
limitations:
1. The project in aggregate must be a minimum of 200 acres in size.
TAL#531105.1 3
.—� 2. The lands from which density and/or blending are shifted must be within the
Immokalee Urban Area must be designated Recreational/Tourist District.
3. The lands within the Immokalee Urban Area from which density and/or intensity
are shifted must have a FLUCCS Code designation of Group 1 or Group 2 and an
Index Value of greater than 1.2,both as indicated on the Natural Resource Index.
4. Density and/or intensity may only be shifted from the lands within the Immokalee
Urban Area containing the Index Value (as measured above), on an acre per acre
basis, to lands within an SRA having an Index Value of 1.2 or less.
5. Lands from which the density and/or intensity has been shifted, shall be placed in
a conservation easement in perpetuity.
n I''
TAL#531105.1 4
10/16/03 DRAFT
TAB K
3.8
ENVIRONMENTAL IMPACT STATEMENTS
TAL#531108.3 1
,.� 10/16/03 DRAFT
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
TAL#531108.3 2
/'N
3.8.9 FEES
3.8.10 APPEALS
Division 3.8 ENVIRONMENTAL IMPACT STATEMENTS (EIS)
3.8.1 No change.
Sec. 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 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.
e,,,t 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 3.8.9, 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.
TAL#531108.3 3
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, _ =- = • --- - = - -
designated agent 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 ecological or biological professional experience if substituting for academic
credentials.
Sec. 3.8.5. Information required for application.
3.8.5.1.Applicant information.
2. Owner(s)/agent(s)name, address.
3. Affidavit of proof of authorized agent.
3.8.5.2.Development and site alteration information.
1. Description of proposed use.
2. Legal description of site.
3. Location and address description.
3.8.5.3. Mapping and support graphics.
1. General location map.
consistent with the Florida Department of Transportation Florida Land Use Cover
having a scale of one inch equal to at least 200 feet when available from the county,
otherwise, a scale of at least one inch equal to 400 feet is acceptable. Information
e,, 3. Topographic map showing upland,bathymotric contours and existing drainage
patterns if applicable.
TAL#531108.3 4
1. Existing land use of site and surrounding area.
5. Soils map at scale consistent with that used for Florida Department of Transportation
= - - - .." • . - _ .. _. . _ •
3.8.5.4. Impact categories.
3.8.5.4.1.Biophysical.
1. Air quality'.
b. Number of people that will be affected by air pollution resulting from the project.
2. Water quality.
resulting from this project.
d. Project designs and actions which will reduce adverse impacts of water pollution.
3. Physiography and geology.
a. A description of the soil types found in the project area.
d. Proposed modifications to natural drainage patterns.
covered.
f. Annual drawdown of groundwater level resulting from use.
1. Wetlands.
-- .. •- -•• - - , -• . . ., . . . • -- - ,
utilizing lichen lines or other biological indicators.
f. Indicate how the project design shall compensate for the wetland impacts
5. Upland utilization and species of special status.
TAL#531108.3 5
composition(canopy, midstory, and ground cover), vegotation abundance
(dominant, common and occasional) and their upland functions.
proposed impacts on functions of upland areas.
c. Indicate how the project design minimizes impacts on uplands.
d. Provide a plant and animal species survey to include at a minimum, species of
special status that are known to inhabit biological communities similar to those
o. Indicate how the project design minimizes impacts on species of special status.
6. Marino and estuarine resources.
a. Provide current State of Florida classification of the waters (Florida
Administrative Code, chapter 17 3).
c. Indicate proposed percent of defined marine and ostuarino resources to bo
impacted and the effects of proposed impacts on functions of marine and cstuarino
d. Estimate changes in the dockside landing of commercial fish and shellfish.
o. Fftimato changes in the sport fishing effort and catch.
f. Provide past history of any environmental impacts to the area including oil spills.
resources.
h. Indicate how the project design shall replace the lost marine and estuarine
functions.
7. Noise.
a. Describe the changes in decibels and duration of noise generated during and after
the project(both day and night)that will exceed Collier County regulations.
Preieet
c. Protect compliance with Federal Aid Highway Program Manual 7 7 3.
3.8.5.4.2. Public facilities and services.
1. Wastewater management.
`_ _ ._ - • Z. - -• • _ . _. .. • , -- -- • :Z•'- .
2. Water supply.
b. Source of the raw water supply.
c. Analysis of on site treatment systems relative to state and county standards.
3. Solid wastes.
a. Estimate of average daily volume of solid wastes.
b. Proposed method of disposal of solid wastes.
TAL#531108.3 6
c. Any plans for recycling or resource recovery.
/1. Recreation and opcn spaces.
a. Acreage and facilities demand resulting from the new use.
c. Management plans for any open water areas if ono half acre or more within the
Pest.
f. Development and/or blockage of access to public beaches and waters.
5. Aesthetic and cultural factors.
the-prej e
b. Locate any known historic or archaeological sitcs and their relationships to the
integrity of the site.
d. Indicate any natural scenic features that might be modified by the project design
o. Provide the basic architectural and landscaping designs.
6. Monitoring.
-- : -•
- -
Sec. 3.8.6. Specifics to address.
3.8.6.1. Gcncral. The statement should specifically address the following:
3.8.6.1.1. Indicate how the proposed project has incorporated the natural, aesthetic and cultural
Pest.
3.8.6.1.2. List the environmental impact(s)of the proposed action and the reason(s)that the
Prep
3.8.6.1.3. Provide substantiated alternatives to the proposod project so that reasons for the choice
of a course of action are clear, not arbitrary or capricious.
3.8.6.1.5. List any irreversible and irretrievable commitments of natural resources which would
TAL#531108.3 7
Sec. 3.8.7. Additional data.
order to make a thorough and exact evaluation 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 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 Disticts, 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
TAL#531108.3 8
n (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.
C. For sites already cleared and in agricultural use,provide documentation that the parcel(s)
are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation
and Coastal Management Element of the Growth Management Plan and 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. What is 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. How have impacts
to wetlands 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
n
TAL#531108.3 9
District, and where higher quality wetlands are being retained on-site, provide
justification based on the Uniform Mitigation Assessment Method.
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 WQ 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.
(As of September 30, 2003, an acceptable methodology for the EIS is that described in
Evaluation of Alternative Stormwater Regulations for Southwest Evaluation of
Alternative Stormwater Regulations for Southwest Florida, Final Report Revised
September 8, 2003.)
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.
3.8.5.7 Listed Species
A. Provide a plant and animal species survey to include at a minimum, species of special
status 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. State actual survey times and dates, and provide a map
showing the location(s) of species of special status identified on-site.
B. List all species classified as endangered, threatened, or of special concern that are known,
or have potential, to utilize the site.
C. Indicate how the project design minimizes impacts to species of special status. What
measures are proposed to mitigate for impacts to state and federally listed species?
D. Provide habitat management plans for each of the species of special status know 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.
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
TAL#531108.3 10
Protection Plan. Include an exhibit showing the five-mile on-water travel distance of boat
traffic, as required in the Manatee Protection Plan, Section 2.6.22.
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 may 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.
r'1
3.8.&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.E 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. Berme--aAgricultural uses - = -, -. - --, •
• _ = - - •- •-- • • -• • --- - •- -- • - =- •- - - -,that fall
within the scope of sections 163.3214(4) or 823.14(6), Florida Statutes,provided that the
subject property will not be converted to a nonagricultural use or considered for any type of
rezoning petition for a period of tee twenty-five years after the agricultural uses commence
and provided that the subject property does not fall within an ACSC or ST zoning overlay.
regulations, including the use of herbicides, pesticides, and fertilizer application.
• • .. . - • - - - - =- -- - . . . .
Permitted uses, item 2, as may be amended from time to time.
TAL#531108.3 11
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
following criteria: Prior to making such a finding, the development services director
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 8T�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
n 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.
Fees. In order to implement, maintain and enforce this Code, the cost
3.8 &9. pupon 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.
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.
TAL#531108.3 12
P'"N 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#531108.3 13
10/16/03 DRAFT
TAB L
3.9
VEGETATION REMOVAL, ETC
TAL#531109.4 1
10/15/03 DRAFT
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 OF 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
B. MITIGATION
1. MITIGATION REQUIREMENTS
2. MITIGATION INCENTIVES
3.9.5.4 ESTATES AND RURAL-SETTLEMENT AREAS
3.9.5.5 RLSA OVERLAY
3.9.5.6 SUBMERGED MARINE HABITATS
3.9.6 NATURAL RESERVATION PROTECTION AND
/'1 CONSERVATION
3.9.6.1 PURPOSE AND APPLICABILITY
TAL#531109.4 2
rti 3.9.6.2 REVIEW PROCESS
3.9.6.3 RFMU DISTRICT REQUIREMENTS
A. OPEN SPACE REQUIREMENTS
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 REMOVAL AND CONTROL
3. DESIGNATION OF A PRESERVE MANAGER
4. WILDLIFE HABITAT MANAGEMENT
5. PROTECTION DURING CONSTRUCTION AND SIGNAGE AFTER
CONSTRUCTION
H. ALLOWABLE USES WITHIN PRESERVE AREAS
3.9.7.2 INSPECTIONS AND MAINTENANCE
3.9.7.3 REQUIRED SETBACKS TO PRESERVES
3.9.8 VEGETATION PROTECTION AND REMOVAL STANDARDS
3.9.8.1 VEGETATION PROTECTION STANDARDS
A. GENERAL
B. FILLING AND CONSTRUCTION DEBRIS
C. ATTACHMENTS
D. EXCAVATION
E. PROTECTIVE BARRIERS
1. INSTALLATION OF PROTECTIVE BARRIERS
2. DESIGNATION OF REPRESENTATIVE
3. PROTECTION OF ALL AREAS OF VEGETATION
4. PROTECTION OF INDIVIDUAL TREES
3.9.8.2. CRITERIA FOR REMOVALAND/OR RELOCATION OF
PROTECTED VEGETATION
A. STANDARDS
B. VEGETATION RELOCATION PLAN
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
TAL#531109.4 3
".".• 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
1. ISSUANCE OF PERMIT
2. DENIAL OF PERMIT
3. PERMIT FEES
D. VEGETATION REMOVAL PERMIT EXCEPTIONS
3.9.9 AGRICULTURAL LAND CLEARING
3.9.10.2.AGRICULTURAL LAND CLEARING
A. LAND CLEARING PERMIT
1. APPLICATION
2. DETERMINATION OF COMPLETENESS
3. CRITERIA 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 PENALITIES
A. FINES
B. RESTORATION
3.9.11.2 CORRECTIVE MEASURES
A. MITIGATION
B. REQUIREMENTS FOR A MITIGATION PLAN
C. SITE-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 removal of existing viable vegetation in advance
of the approval of land development plans; to limit the removal of existing viable vegetation
TAL#531109.4 4
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. Development in NBMO Receiving Lands are exempt from the provisions of this
Division.
B. Seminole and Miccosukee 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.
P C. Agricultural Exemption. Agricultural operations that fall within the scope of sections
163.3214(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 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 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
TAL#531109.4 5
/'1 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 or in order to entitle the property owner to
additional density as provided in Section 3.9.4.5. 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.
.•.•. . . . . _ • . _ •_ .. ._ . _. . _ . . .
t limited to:
-• • •_ •- ' . _ --- •- • --. . • ce with section 3.2.8.3.6. of this Code.)
. . ! _.., •- _ - - ' - _ • ' - -- • •- •• - - - • •-
U.S. Fish and Wildlife Service permits or exemptions.
Other county approvals.
� - - - • -•
depa - - - - - - - - --
3.9.1.2.1. A generalized vegetation inventory which includes:
• -. - •• • = --• •- - = - of vegetation upon the site. The inventory-shall-be
TAL#531109.4 6
•
•
•
•
- - -• - _ •. - - - •. _- , . _ . . - - - , :•: _
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,
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.
9. Description of any proposed maintenance trimming of mangroves.
1. Name, address, and phone of property owner.
2. Name, address, and phone of authorized agent and on site representative.
3. Proof of ownership.
4. Legal description.
5. Reason for proposed removal.
3.9.4.2.4. Vegetation relocation plan.
TAL#531109.4 7
director.
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
3.9.9.1.F.
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 Seciton 3.9.7.
C. Preserve areas shall be selected in such manner as to preserve the following, in
descending order of priority:
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,
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#531109.4 8
it
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 Equal to or greater Equal to or
development types than 5 acres. 15% greater than 5 acres. 15%
n
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
vegetation retention standards and the proprosed uses allowed under this Code.
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.
TAL#531109.4 9
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 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.
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.
IIIA
TAL#531109.4 10
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 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 Districts
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 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 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 that exceeds the requirements set 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.
TAL#531109.4 11
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.
2. Wetlands having functionality assessment scores of at least 0.65 shall be preserved on
site, regardless of whether the preservation of these wetlands exceeds the acreage
required in Section 3.9.4.3, The acreage requirements of Section 3.9.4.3 shall first be
met by preserving those on-site wetlands with the highest functionality scores.
3. Wetlands documented as being utilized by listed species or serving as corridors for
the movement of wildlife shall be preserved on site, regardless of whether the
preservation of these wetlands exceeds the acreage required in Section 3.9.4.2.
P...\ 4. 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.
5. 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.
6. Single family residences shall follow the requirements contained within Section
3.9.5.4.B.
7. 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.
TAL#531109.4 12
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.
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. Protection shall be provided for preserved or created wetland or upland
vegetative communities offered as mitigation by placing a conservation
easement over the land in perpetuity, providing for initial removal of Class
n Class I Exotics and continuing exotic plant maintenance, as provided in the
management plan required by Section 3.9.7.1.F.
c. 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.
d. 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 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.
TAL#531109.4 13
3. EIS Provisions. When mitigation is proposed, the EIS shall demonstrate that there is
no net loss in wetland functions as prescribed above.
3.9.5.4. Estates and Rural-Settlement Areas. In the case of lands located within Estates
Designated Area and the Rural Settlement Area, the County shall rely on the wetland
jurisdictional determinations and permit requirements issued by the applicable jurisdictional
agency, in accordance with the following:
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 or parcels.
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 critiera 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#531109.4 14
/'\ 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 (Mvcteria 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.
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
TAL#531109.4 15
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
having 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 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 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 1/4 acre in size) of native vegetation exist on
site. In cases where retention of native vegetation results in small isolated areas of
V2 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
,e-"Nplant 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-
TAL#531109.4 16
n vegetation shall apply the standards of section 2.4.4. of this Code, and include the
following minimum sizes: one gallon ground cover; five gallon shrubs; 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.
c. The minimum dimensions shall apply as set forth in 3.9.4.1.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 and 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
TAL#531109.4 17
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.
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 maintenance of the preserve, in perpetuity. The Preserve Manager must have
experience in native habitat protection/restoration, as identified 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
the purpose of this section,passive recreational uses are those uses that would allow
limited access to thepreserve 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#531109.4 18
n B. 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 anv 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.
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.
Sec. 3.9.5,8. Vegetation removal,pProtection andiffeseR,etieri Removal sStandards.
3.9.5: 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.
3.9.8.1.5. D.Protective barriers.
1.Installation of protective barriers. 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
n installed pursuant to the Tree Protection Manual for Builders and Developers,
TAL#531109.4 19
/�. division of forestry, State of Florida or other methods approved by the development
services director.
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-c.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.
47d.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 :. =: . = . _ •- .: if it is determined that reasonable efforts have
been undertaken in the layout and design of the proposed development to preserve existing
vegetation and to otherwise enhance the aesthetic appearance of the development by the
incorporation of existing vegetation in the design process. Relocation or replacement of
vegetation may be required as a condition to the issuance of an approval in accordance with
the criteria set forth in this 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 romoval activity shall bo
•
vegetation may be required as a condition to the issuance of an approval in accordance with
'••••\ the criteria set forth in this division.
TAL#531109.4 20
3.9.5.2.6. 5. ' . - . : - . • . ... . - . '. -. Replacement of
nonnative vegetation shall be with native vegetation of comparable caliper and area
and shall be subject to the approval of the development services director or his/her
designee. - _ - • . _. .. . . . .. •.. . .•
.. . . . _. _• . .
vegetation is not available, smaller dbh troos that total the rcquisito caliper may bo
. • . . .
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
gallonn ground cover; five gallon shrubs; 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.
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 maybe amended.
n 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.
3.9:3-3.8_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.
TAL#531109.4 21
3.9.5.3.4. The maintenance schedule for the removal of debris.
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.
3.9.5.4. 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 pfesetwatien standards set forth in section
3.9.8.5 below.
3.9.5.5. Preservation standards.
3.9.5.5.2 All new developments shall retain oxisting native v..: . ': - - •--
:=_•.
•• = =
first, as a part of the retained native vegetation requirement (sco section 3.11.3 for the
/'•N system design or approved construction footprints necessitate its removal. The need to
remove additional existing native troos shall be domonstratcd by the applicant as part of the
vegetation removal review process. When required to bo removed, oxisting viable native
trees shall be transplanted into site landscaping unless the applicant can demonstrate that
_ - . __ , .. . _ - _ . .. - -- - Z.1 - . _ ., . . .- - ---
3.9.5.5.3. All new residential or mixed use developments greater than two1/2 acres in the
coastal management area as defined in the 1989 edition of the future land use clement of the
county growth management plan and greater than 20 acres in the coastal urban designated
first, as a part of the retained native vegetation requirement(soo section 3.11.3 for the
landscaping and open space which are planted with native species shall be included in the 25
areas of credit, ground cover constitutes no more than 20 percent of the landscaped area.
TAL#531109.4 22
meet or exceed the minimum open space criteria of Collier County, this policy shall not be
construed to require a larger percentage of open space sot aside to moot the 25 percent native
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
-
plantings matching the amount of required preserved native vegetation that was removed.
The following minimum sizes shall apply: One gallon ground cover; five gallon shrubs; 14
foot high trees with a coven foot crown spread and a dbh(diameter at breast height)of throe
•
requirement.
3.9.5.5.4. All other types of new development not referenced in section 3.9.5.5.3 above,
set forth in section 3.9.5.5.3; 2) commercial development; and 3) industrial development
shall be required to preserve an appropriate portion of the native vegetation on the site as
identified on site,priority shall bo given to preserving those habitats first, as a part of the
areas). For new development under five acres, a minimum of ten percent of the native
of different contiguous habitats is to be encouraged. When several native plant communities,
exist on site the development plans will reasonably attempt to preserve examples of all of
• -- •. -• - - , •_ - 7. -- . . - - - • . . •
preserved. Exceptions,by moans of mitigation in the form of increased landscape
. .a.
accommodated, 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
2.4.4. of this Code, and include a quantity of plantings matching the amount of required
r; five gallon shrubs; 14 foot high trees with a seven foot crown
spread and a dbh(diameter at breast height) of three inches. Previously cleared parcels, void
of native vegetation, shall be exempt from this requirement.
provided that any new clearing of land for such agricultural uses shall not be converted to
/'N - _. - . . _ . 7.. _ .. . - - _ . . .. : - -• • : _ ..
bona fide agricultural uses shall include the following: crop raising; dairy farming;
TAL#531109.4 23
•
horticulture; fruit and nut production; foros• ; - - ; ., - - ; •. - -:; •- - •.•
production; livestock raising; and agriculture for native species subject to State of Florida
this Code at the time the clearing occurred. • - -. -. • - - - - • - •. - - • - . --
services administrator, or his/her designee,may gr.,- • - - - - •- - - • _-
3.9.5.5.6. Native Preserve Criteria
1._Idcntification. Native vegetation that is required to be preserved pursuant to 3.9.5.5 shall
•. _ •- . •- - • • - - - -- . -- -- . "' - - -" -
all site plans.
a.twenty feet, for property less than ten acres.
acres and greater.
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 a:,
native plant community.
. . - -- - -• -- - - - - - ..
• • , - . - - . , • .
be used to recreate:
acres of existing native vegetation.
... - . - - ., !0. - -. .' _• - - - • - - - -- -- - - -- -
than eighty acres of existing native vegetation.
b. The minimum dimensions shall apply as set forth in 3.9.5.5.6.2.
all preserve setbacks.
TAL#531109.4 24
forth in Created Preserves. This exception may bo granted, regardless of the size
of the project.
ii. when small isolated areas (of less than 1/2 acre in size) of native vegetation exist on
site. In cases where retention of native vegetation results in small isolated areas of
- -
preserves may be impacted and created elsewhere on site.
Required Setbacks to Preserves. All principal structures shall have a minimum 25 foot
setback from the boundary of any preserve. Accessory structures and all other site
There shall be no site alterations within the first 10 feet adjacent to any preserve unless it
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
5. Invasive Exotic Vegetation Removal and Maintenance Plans. Exotic vegetation removal
and maintenance plans shall require that category I exotics be removed from all
physically removed, or the tree cut down to grade and the stump treated with a U.S.
•
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
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.
base shall be treated with an U.S. Environmental Protection Agency approved herbicide
and a visual tracer dye shall be applied. A maintenance plan shall be implemented on a
yearly basis at a minimum, or more frequently when required to effectively control
exotics, and shall describe specific techniques to prevent reinvasion by prohibited exotic
vegetation of the site in perpetuity. The plan shall be approved prior to the issuance of
-
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.
TAL#531109.4 25
/'1 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 the phase ofhte requirement subdivision
improvements.
2. From each phase of a site development plan prior to the issuance of the certificant of
occupancy for that phase.
3. From all golf course fairways, roughts, and adjacent open space/natural preserve
areas prio 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 certificant 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
n 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.
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 major additions to 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
TAL#531109.4 26
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 of a
building permit.
3.9.10 Required 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
n the development services director in writing on a form provided by the development
services department. The application shall include the following information:
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, horticulturist,
landscape architect, or certified nurseryman.
TAL#531109.4 27
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.
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,and for
- _ . _ . _ . ._ -• _ . . . - . .. .- . -_ . may approve or deny an
application. An approved vegetation removal permit is valid for a period not to
exceed 180 days - __. - ., : . _ . _ . . Mangrove alteration permits shall be
valid for a period of five years from date of issuance, or date of issuance by the
Florida dDepartment 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 county manager or his designee. The development services director and for
. . - . _ . •. . _ -- _ _. . • - ., _- . •• . - •_ -- 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 unless
TAL#531109.4 28
of fees and the resolution establishing such foes shall bo on filo with the clerk to the
•- • . •= - -- • - - =- - . .= - •, _ - as established by resolution of the
13Board of eCounty eCommissioners.
3.9.10. '4 D. Vegetation Removal Permit Exceptions
• • . .
(1) Australian pine(Casuarina spp.).
(2) Melaleuca(Melaleuca spp.).
(3) Brazilian pepper(Schinus terebinthifolius).
(4) Earleaf acacia(Acacia auriculiformis).
(5) Catclaw mimosa(Mimosa pigra).
(6) Java plum(Syzygium cumini).
(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:
(1-) 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.
to this Code.
3.9.10.1.4. 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 other than a specimen trop from the property of a Florida licensed tree
TAL#531109.4 29
/-s, 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.
3.9.10.1.6.1. 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
swatch swath that is less than three feet in width.
3.9.10.4.7. Mangrove alteration projects that are exempted from Florida Department of
3.9.10.4.8. The Collier County planning commission may grant a variance to the provisions
3.9.10.1.9. 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.
3.9. 10.2 Agricultural land clearing.
A. Land Clearing Permit. A permit for clearing of agriculturally zoned land for bona-fie
n agricultural uses that do not fall within the scope of sections 163.3214(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 this Codo 6 below..
3.9.6.5.1Application. 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:
(1) 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 may be simultaneously
reviewed with the agricultural clearing permit application.
( b. The application, including generalized vegetation inventory and clearing plan
as outlined in sections 3.9.4.2.1, 3.9.4.2.2 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.
n
TAL#531109.4 30
/'1 (3) 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.
(8) 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.
(9) 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 Board 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 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
TAL#531109.4 31
permit or exemption,for a SFWMD surface water management permit or
exemption, or fef an ACOE permit or exemption,as applicable, 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.
. . -
application. - . . _ . --- • - - -- - --
3.9.6.5.3. Criteria for review of application. Review of the application for an agricultural
clearing permit shall commence upon issuance of the determination of completeness
or modified determination of completeness . . . ._ _. . - -. ' - • ! - -
• _ A. - - , _ . . .• • . . ., - • -_ .' _.
•
•
- - • - • - - - - . . . _., . The following criteria shall be utilized by
staff in reviewing an application for issuance of an agricultural clearing permit:
2,a. 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.
c. Additional data and or information required by the eCounty to address
environmental impacts shall be submitted by the applicant
. - • - -- . - . .- - t by certified mail, return receipt requeste uch
3.9.6.5.1.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_ ' -•- -• . . - - • - :_:• •• . _- . - -. . . • '-• •- -
. • • '-- • - •- -- - - - - •- - - . - .., - . . -. 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
n 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
TAL#531109.4 32
/'1 fide agricultural activity •- . ... . .. __ . - _ _. .. _ _• 7._ . .0.:
.
this Codo. 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.
4,a. 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.
2,11 Upon issuance of an agricultural clearing [permit] or as exempted above,
activities necessary for the ongoing bona fide agricultural use and 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 providing provided that:
a-(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;
13421 The tree is not a specimen tree;
6713j. The vegetation is not within an area required to be preserved as a result of
a required preservation, mitigation or restoration program;
47(4) The parcel is currently engaged in bona fide agriculture, as defined by this
Code.
e.(51 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 163.3214(4) or 823.14(6),
TAL#531109.4 33
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 both the conversion
from agricultural uses and the creation of TDR Credits .
3.9.6.6. Requirement for removal of prohibited exotic vegetation.
3.9.6.6.1. Prohibited exotic vegetation removal and methods of removal shall be conducted
3.9.6.6.2. Protection of native vegetation, according to the applicable provisions of this
3.9.6.6.3. Prohibited exotic vegetation shall be removed:
(2) From within the associated phase of the final site development plan prior
to the issuance of a certificate of occupancy.
(3) From all golf course fairways, roughs, and adjacent open space/natural
. , . . . . . _. ._ . _ . . _ ., . - - - • - -• - •-
3.9.6.6.4.1. Herbicides utilized in the removal of prohibited exotic vegetation shall have been
TAL#531109.4 34
3.9.6.6.5. A maintenance plan shall be submitted to the development services director for
• ._- ' _ ._ .. _. ly after issuance of the certificate of occupancy, or
3.9.6.6.6. In addition to the other requirements of this division, the applicant shall bo
removed from lots which are zoned residential single family(RSF), estates (E),
, ., . . .• _ . _ , . - • . ., _- . . . .' .•
3.9.6.7. Designation of specimen tree.
be designated a specimen tree because of its historical significance, rarity in
Collier County, age or extraordinary size. A public hearing shall be held with
3.9.11. Enforcement
3.9.6411.1. Penaltyies.
A. Fines.
1. The failure of a property owner or any other person to obtain an approved agricultural
clearing 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 thepenalties 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
n 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 as required in
TAL#531109.4 35
section 3.9.6.5.1(7)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.
. • . _ . --•
. _ -_,
vielation-ef-tkis-Gede7
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:
(AO. 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.
(33 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).
(54 e.It shall be at the discretion of the development services director to allow for any
deviation from the above specified ratio.
(-13)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#531109.4 36
( )3.The 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)4. 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.
(€s)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.
( )6. 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.
n (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.)
3.9.6.941.2. 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 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.
TAL#531109.4 37
P.-4` 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.
n 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.
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
n II shall be used in determining the temperature tolerances of the plants.
TAL#531109.4 38
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.
/'1 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 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 3.9.13.2. 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.
3.9.7A2. 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:
TAL#531109.4 39
3.9.813.1. The suspension is for a defined period of time not to exceed 30 days or as otherwise
set by the board of county commissioners.
3.9.843.2. The vegetation removal is necessitated by disaster related damage.
3.9.843.3. The suspension is not applicable to vegetation within habitats containing listed
species (as regulated in division 3.11).
P"\
TAL#531109.4 40
n
10/16/03 DRAFT
TAB L
3.9
VEGETATION REMOVAL, ETC
TAL#531109.4 1
�'• 10/15/03 DRAFT
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 OF 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
B. MITIGATION
1. MITIGATION REQUIREMENTS
2. MITIGATION INCENTIVES
3.9.5.4 ESTATES AND RURAL-SETTLEMENT AREAS
3.9.5.5 RLSA OVERLAY
3.9.5.6 SUBMERGED MARINE HABITATS
n 3.9.6 NATURAL RESERVATION PROTECTION AND
CONSERVATION
3.9.6.1 PURPOSE AND APPLICABILITY
TAL#531109.4 2
3.9.6.2 REVIEW PROCESS
3.9.6.3 RFMU DISTRICT REQUIREMENTS
A. OPEN SPACE REQUIREMENTS
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 REMOVAL AND CONTROL
3. DESIGNATION OF A PRESERVE MANAGER
4. WILDLIFE HABITAT MANAGEMENT
5. PROTECTION DURING CONSTRUCTION AND SIGNAGE AFTER
n CONSTRUCTION
H. ALLOWABLE USES WITHIN PRESERVE AREAS
3.9.7.2 INSPECTIONS AND MAINTENANCE
3.9.7.3 REQUIRED SETBACKS TO PRESERVES
3.9.8 VEGETATION PROTECTION AND REMOVAL STANDARDS
3.9.8.1 VEGETATION PROTECTION STANDARDS
A. GENERAL
B. FILLING AND CONSTRUCTION DEBRIS
C. ATTACHMENTS
D. EXCAVATION
E. PROTECTIVE BARRIERS
1. INSTALLATION OF PROTECTIVE BARRIERS
2. DESIGNATION OF REPRESENTATIVE
3. PROTECTION OF ALL AREAS OF VEGETATION
4. PROTECTION OF INDIVIDUAL TREES
3.9.8.2. CRITERIA FOR REMOVALAND/OR RELOCATION OF
PROTECTED VEGETATION
A. STANDARDS
B. VEGETATION RELOCATION PLAN
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
TAL#531109.4 3
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
1. ISSUANCE OF PERMIT
2. DENIAL OF PERMIT
3. PERMIT FEES
D. VEGETATION REMOVAL PERMIT EXCEPTIONS
3.9.9 AGRICULTURAL LAND CLEARING
3.9.10.2.AGRICULTURAL LAND CLEARING
A. LAND CLEARING PERMIT
1. APPLICATION
2. DETERMINATION OF COMPLETENESS
3. CRITERIA 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 PENALITIES
A. FINES
B. RESTORATION
3.9.11.2 CORRECTIVE MEASURES
A. MITIGATION
B. REQUIREMENTS FOR A MITIGATION PLAN
C. SITE-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
i'•, of existing plant communities. To limit the removal of existing viable vegetation in advance
of the approval of land development plans; to limit the removal of existing viable vegetation
II
TAL#531109.4 4
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. Development in NBMO Receiving Lands are exempt from the provisions of this
Division.
B. Seminole and Miccosukee 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
163.3214(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 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 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
/'N 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
TAL#531109.4 5
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 or in order to entitle the property owner to
additional density as provided in Section 3.9.4.5. 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 i:fued by the planning
net-limited-t
Building permits. (Except in accordance with section 3.2.8.3.6. of this Code.)
U.S. Army Corps of Engineers permits or exemptions.
U.S. Fish and Wildlife Service permits or exemptions.
. - • . - ..
Other applicable agency reviews or permits or exemptions.
3.9.4.2.Application contents. Application for a vegetation removal permit shall be submitted to
department.
3.9.4.2.1. A generalized vegetation inventory which includes:
1. Generalized vegetation inventory. A generalized vegetation inventory shall show the
development, the inventory may be in the form of an aerial or a field survey, and may
referenced to positions on the aerial or survey,but shall clearly indicate habitat types and
TAL#531109.4 6
protected vegetation, and may be accompanied by photographs or videotapes illustrating
typical areas of vegetation roforcnced to positions on the aerial or survey. Tho
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 characteristicf and factors which may affect their preservation. Tho
ecologist, horticulturist, landscape architect, or certified nurseryman.
3. Rcasonablc additional information. The development services director may require that
for adequate administration of this division.
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.
5. Specific identification of all specimen trees.
7. Location and details of protective barricading of the vegetation to be retained.
8. Description of any proposed alteration of mangroves.
._
3.9.4.2.3. An executed statement which includes:
1. Name, address, and phone of property owner.
2. Name, address, and phone of authorized agent and on site representative.
3. Proof of ownership.
1. Legal description.
5. Reason for proposed removal.
pretested-
7. Signature of property owner or copy of a specific contract signed by property owner.
3.9.1.2.4. Vegetation relocation plan.
TAL#531109.4 7
director.
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
3.9.9.1.F.
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 Seciton 3.9.7.
C. Preserve areas shall be selected in such manner as to preserve the following, in
descending order of priority:
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. Anv upland habitat that serves as a buffer to a wetland areas
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#531109.4 8
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 Equal to or greater Equal to or
development types than 5 acres. 15% greater than 5 acres. 15%
n
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
vegetation retention standards and the proprosed uses allowed under this Code.
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.
TAL#531109.4 9
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 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.
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 (+1-360 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+1- 360 acres.
TAL#531109.4 10
/''N 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 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 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 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 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 that exceeds the requirements set 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.
n below shall apply in this area.
TAL#531109.4 11
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.
2. Wetlands having functionality assessment scores of at least 0.65 shall be preserved on
site, regardless of whether the preservation of these wetlands exceeds the acreage
required in Section 3.9.4.3, The acreage requirements of Section 3.9.4.3 shall first be
met by preserving those on-site wetlands with the highest functionality scores.
3. Wetlands documented as being utilized by listed species or serving as corridors for
the movement of wildlife shall be preserved on site, regardless of whether the
preservation of these wetlands exceeds the acreage required in Section 3.9.4.2.
4. 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.
5. 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.
6. Single family residences shall follow the requirements contained within Section
3.9.5.4.B.
7. 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.
TAL#531109.4 12
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.
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. Protection shall be provided for preserved or created wetland or upland
vegetative communities offered as mitigation by placing a conservation
easement over the land in perpetuity, providing for initial removal of Class
Class I Exotics and continuing exotic plant maintenance, as provided in the
management plan required by Section 3.9.7.1.F.
c. 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.
d. 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 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.
TAL#531109.4 13
3. EIS Provisions. When mitigation is proposed, the EIS shall demonstrate that there is
no net loss in wetland functions as prescribed above.
3.9.5.4. Estates and Rural-Settlement Areas. In the case of lands located within Estates
Designated Area and the Rural Settlement Area, the County shall rely on the wetland
jurisdictional determinations and permit requirements issued by the applicable jurisdictional
agency, in accordance with the following:
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 or parcels.
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 critiera 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#531109.4 14
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.
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
TAL#531109.4 15
n 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
having 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 preserve arca and the proposed activity.
I. 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 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 V2 acre in size) of native vegetation exist on
site. In cases where retention of native vegetation results in small isolated areas of
%2 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.
1`. 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-
TAL#531109.4 16
vegetation shall apply the standards of section 2.4.4. of this Code, and include the
following minimum sizes: one gallon ground cover; five gallon shrubs; 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.
c. The minimum dimensions shall apply as set forth in 3.9.4.1.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 and 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
TAL#531109.4 17
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.
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 maintenance of the preserve, in perpetuity. The Preserve Manager must have
experience in native habitat protection/restoration, as identified 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
t"""\ 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
the purpose 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#531109.4 18
B. 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.
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.
Sec. 3.9.5,8. Vegetation femeval,pProtection and Removal sStandards.
3.9.5, 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.
3.9.8.1.5. D. Protective barriers.
1.Installation of protective barriers. 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,
TAL#531109.4 19
n division of forestry, State of Florida or other methods approved by the development
services director.
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.
t . 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 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.
3.9.5.2.4. Compliance with other codes and/or ordinances may involve protected
vegetation removal.
/"'� -_- • . . .- = -- • - -- - - - • . . .; - ., . . . . . - .--- Z . • .7. • • -
the criteria set forth in this division.
TAL#531109.4 20
""N, 3.9.5.2.6. 5. ' . • - • ; --- • - - - • - -. Replacement of
nonnative vegetation shall be with native vegetation of comparable caliper and area
and shall be subject to the approval of the development services director or his/her
designee. - _ _ . _. .., . . _ _. •. .•
., _ _ . _. _ . .
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
gallonn ground cover; five gallon shrubs; 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.
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 maybe amended.
f•—•. 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 1
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.
3.9.5.3.8_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.. 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
i"\ 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.
TAL#531109.4 21
3.9.5.3.4. The maintenance schedule for the removal of debris.
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.
3.9.5.4. 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 pfesenzatieft standards set forth in section
3.9.8.5 below.
3.9.5.5. Preservation standards.
has been met pursuant to section, 3.9.5.5.3 and 3.9.5.5.4 additional native vegetation shall be
trees shall be transplanted into site landscaping unless the applicant can demonstrate that
for prohibited exotic species removal, enhancement with native plant material and pruning
3.9.5.5.3. - - • • _ .. -- • - -- - -• - _. • ., . _ - •• -
retain 25 percent of the viable naturally functioning native vegetation on site including both
- - _ - -• -- - - - -- - - ., _. -- - ... _
landscaping and open space which are planted with native species shall be included in the 25
/'1 areas of credit, ground cover constitutes no more t• ! :- -- • - •• • -• •-- . -
TAL#531109.4 22
construed to require a larger porcontagc of open space sot aside to moot the 25 percent native
.I. - - . • - - - - - -- -. - - . - - • --- -. . ... - - -• -- . ., .
create a native plant ceininunity in all three-strata . - -- - , . • . -- , •
larger plant materials so as to more quickly re create the lost mature vegetation. Such re
. . • . . . . _ ., . ., - - -- - .'.'. - - -- -7 • •- - -- . - . ., -
The following minimum sizes shall apply: One gallon ground cover; five gallon shrubs; H
foot high trees with a seven foot crown spread and a dbh(diameter at breast height) of throe
requirement,
3.9.5.5.4. All other types of new development not referenced in section 3.9.5.5.3 above,
set forth in section 3.9.5.5.3; 2) commercial development; and 3) industrial development
._ _ -• -- • - - -- • - - - - - - --- A- - . - -- -- .-- - .
identified on site,priority shall be given to prosorving those habitats first, as a part of the
areas). For new development under five acres, a minimum of ton percent of the native
vegetation on site (by area), shall be retained, including the understory and ground cover.
on site (by area), shall be retained, including the understory and ground cover. Preservation
- -, • •- - • - - Z. •- - - " - • - -- - • - -- - : : •••7.• .
preserved. Exceptions,by means of mitigation in the form of increased landscape
.
accommodated, 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
3.9.5.5.5. Bona fide agricultural uses shall be exempt from the above preservation requirements
bona fide agricultural uses shall include the following: crop raising; dairy farming;
TAL#531109.4 23
/."N,
1 _. . _; "".• ., .. . _ •- , - - , - - , :- _ ; ., . -_; ._ • --
this Code at the time the clearing occurred. = .: . - • • . = = - • =• •• . -• • - •
_
.: ••••• . - , . - _ __, • _ ., _ _ _ _ . ..
3.9.5.5.6. Native Preserve Criteria
1..Idcntification. Native vegetation that is required to be preserved pursuant to 3.9.5.5 shall
be set aside in a Preserve. Areas set aside as preserves shall be labeled as "Preserve"on
all site plans.
a.twenty feet, for property less than ten acres.
equal to ton acros and loss than twonty acres.
3. Created Preserves. Where created preserves are approved, the landscape plan shall re
create a native plant community in accordance with the vegetation sizes and standards set
center for trees with a small canopy(less than 30 ft mature spread) and forty foot on
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
a. Approved created preserves, identified in 3.9.5.5 as mitigated native preservation,may
be used to recreate:
acres of existing native vegetation.
b. The minimum dimensions shall apply as set forth in 3.9.5.5.6.2.
all preserve setbacks.
TAL#531109.4 24
forth in Crcatcd Preserves. This exception may be granted, ro ardle s ofthe
of the project.
site. In cases whore retention of native vogotati: • - - • - ' : • =- •• - -
forth in Crcatcd Preserves and shall be created adjacent existing native vegetation
may be granted, regardless of the size of the project.
... .A- - • -- - . . . :•7.- - -- - - -- • • _ -
setback from the boundary of any procorvo. Accessory structures and all other sito
alterations shall have a minimum 10 foot setback from the boundary of any preserve.
and maintenance plans shall require that category I exotics be removed from all
determined that physical might sical removal mi ht cause more damage to the native vegetation in
Agency approved herbicide and a visual tracor dye shall bo 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.
base shall be treated with an U.S. Environmental Protection Agency approved herbicide
yearly basis at a minimum, or more frequently when required to effectively control
any final local development order.
6. Excmptions. Applications for development orders authorizing site improvements, i.e., an
SDP or FSP and on a case by case basis a PSP, that are submitted and deemed sufficient
3.9.5.5.6. adopted on June 16, 2003.
3.9.9. Requirement for Removal of Prohibited Exotic Vegetation.
TAL#531109.4 25
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 the phase ofhte requirement subdivision
improvements.
2. From each phase of a site development plan prior to the issuance of the certificant of
occupancy for that phase.
3. From all golf course fairways, roughts, and adjacent open space/natural preserve
areas prio 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 certificant 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.
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 major additions to principal or accessory
n 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
TAL#531109.4 26
P".\ 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 of a
building permit.
3.9.10 Required 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:
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, horticulturist,
landscape architect, or certified nurseryman.
TAL#531109.4 27
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.
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, and for
- _ . _ . •. ._ -- _ • . .. . _ . . __ __ . 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 dDepartment of eEnvironmental taProtection. 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 county manager or his designee. The development services director and-fef
. _ . ._ •- _ _. .. . ., • _ -• -= • -- 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 unless
TAL#531109.4 28
_ •-• -- . ..
. . - . _ . . . . . . , . _ - . . -, .
-.., . _. ._ _ _ . __ - _ _ ., __. as established by resolution of the
bBoard of eCounty eCommissioners.
3.9�-�444-T D. Vegetation Removal Permit Exceptions
(1) Australian pine(Casuarina spp.).
(2) Melaleuca(Melaleuca spp.).
(3) Brazilian pepper(Schinus terebinthifolius).
(1) Earleaf acacia(Acacia auriculiformis).
(5) Catclaw mimosa(Mimosa pigra).
(6) Java plum(Syzygium cumini).
(8) Women's tongue (Albizia lebbeck).
(9) Climbing fern(Lygodium spp.).
(11) Lather leaf(Colubrina asiatica).
3.9.10.1.2. 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
n 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:
(4) a. A building permit has been issued for the permitted principal structure (the
building permit serves as the clearing permit), or
(I) 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.
met:
to this Code.
3.9.10.4.4. 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.
3.9.10.1.5. 3. A vegetation removal permit is not required for the removal of protected
vegetation from the property of a Florida licensed tree
TAL#531109.4 29
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.
3.9.10.1.6.4. 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
swatch 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 provisions
of this section if compliance with the mangrove tree preservation standards of this division
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
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.
3.9.6410.2 Agricultural land clearing.
A. Land Clearing Permit. A permit for clearing of agriculturally zoned land for befia-fide
agricultural uses that do not fall within the scope of sections 163.3214(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 this 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:
(1) 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 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, 3.9.4.2.2 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.
TAL#531109.4 30
(3) 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.
(5) 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.
(7) 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 hBoard 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 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 3.9.6-5.1 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:
n 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
TAL#531109.4 31
permit or exemption,for a SFWMD surface water management permit or
exemption, or fef an ACOE permit or exemption,as applicable, 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 issuance-of the determination of completeness
or modified determination of completeness ., . . .= .. . - -• ' • • e • -
days from the date of issuance to the applicant of a determination of completeness
data and or information from the applicant. The following criteria shall be utilized by
staff in reviewing an application for issuance of an agricultural clearing permit:
bee.., ; e to thea plicant
Via. 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.
c. Additional data and or information required by the eCounty to address
environmental impacts shall be submitted by the applicant
staff. Such request shall be sent by certified mail, return receipt requested. Such
additional data and or information shall bo submitted to the county by the
applicant within the 20 day review period specified in section 3.9.6.5.3 above or
3.9.6.5.1. 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, • -•- _ . . - - . - :._:• •- . -- - - -• . . . •-• •- -
specified in section 3.9.6.5.1 are addressed and attached to the application, including
applicable 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
i'\ 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
TAL#531109.4 32
fide agricultural activity in accordance with the requirements of section 3.9.6.58.1 of
this Codo. 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.
4,a. 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.
2,13. Upon issuance of an agricultural clearing [permit] or as exempted above,
activities necessary for the ongoing bona fide agricultural use and 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
/'"N 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 providing provided that:
a,a), 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;
1}:Lal The tree is not a specimen tree;
€43) The vegetation is not within an area required to be preserved as a result of
a required preservation, mitigation or restoration program;
44,141 The parcel is currently engaged in bona fide agriculture, as defined by this
Code.
e:(5) 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.
/'1 B. Land Clearing Notice. No later than 60 days prior vegetation removal as part of
agricultural operations that fall within the scope of sections 163.3214(4) or 823.14(6),
TAL#531109.4 33
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 both the conversion
from agricultural uses and the creation of TDR Credits .
3.9.6.6. Requirement for removal of prohibited exotic vegetation.
3.9.6.6.1. Prohibited exotic vegetation removal and methods of removal shall be conducted
3.9.6.6.2. Protection of native vegetation, according to the applicable provisions of thin
3.9.6.6.3. Prohibited exotic vegetation shall be removed:
From al t ghts of way, common area tracts not proposed for development
(2) From within the associated phase of the final site development plan prior
to the issuance of a certificate of occupancy.
(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;
-
(5) In the case of the discontinuance of use or occupation of land or water or
shall,prior to subsequent use of such land or water or structure, conform
3.9.6.6.4.1. Herbicides utilized in the removal of prohibited exotic vegetation shall have been
3.9.6.6.4.2. hen 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#531109.4 34
•
...o.:. . - • - - ., -- . .,- shall be submitted to the development services director for
shall inspect sites periodically after issuance of the certificate of occupancy, or
other final acceptance, for compliance with this division.
accessory structures and major additions to any principal or accessory structures,
removed from lots which are zoned residential single family(RSF), estates (E),
, ., . . .• _ • . - „ _ , . . . ' . ., _ . . . .' . •_
permit.
3.9.6.7. Designation of specimen tree.
be designated a specimen tree because of its historical significance, rarity in
recorded in the official records of the clerk of the circuit court. All recording fees
3.9.11. Enforcement
3.9.67811.1. Penaltyies.
A. Fines.
1. The failure of a property owner or any other person to obtain an approved agricultural
clearing permit as required in cection 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
�1 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 as required in
TAL#531109.4 35
section 3.9.6.5.1(7)shall constitute a misdemeanor or which th ricultural cl ring
-_. • • •- - -' - -- -- -- --- • -• - - 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.
any person violating any provisions of this Code or the conditions of a permit issued
section, shall constitute a misdemeanor and each protected living, woody plant,
• •• • - - - . ion, removed in violation of this Code shall constitute a
. . -- •- _ . . - . :!
pre general law for violation of ordinances, the board of county
violation of 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)1. 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.
(-44 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.
(13)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#531109.4 36
(C)3.The 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-}4. 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.
(€)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.
(F-)6. 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.)
3.9.6.9.11.2. 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 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.
TAL#531109.4 37
/'� 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.
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.
TAL#531109.4 38
i"--\ 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 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 3.9.13.2. 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.
3.9.7712. 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
/"'"N and contained in the resolution:
TAL#531109.4 39
3.9.&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).
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10/16/03 DRAFT
TAB M
3.11
LISTED SPECIES
TAL#531110.1 10/17/03 1
10/16/03 DRAFT
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 FOR SINGLE FAMILY LOTS
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."
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.
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3.11.L3. New and existing development 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. For new and existing dev= :: ---- - - • •-
-
associated objectives and policies, as amended, of the conservation and coastal
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.
3.11.3.12.2 EIS: The EIS required by Section 3.8.6 shall include a wildlife survey shall be
required for all parcels when listed species are known to inhabit biological communities
similar to those existing on site or where listed species are directly observed on the site. The
survey shall be conducted in accordance with the requirements of the Florida Fish and
Wildlife Conservation Commission (FFWCC) and U.S. Fish and Wildlife Service (USFWS)
guidelines. The County shall notify the FFWCC and USFWS of the existence of any listed
species that may be discovered. .Plans shall be submitted for re .: -;
concern. In addition to the s eeific standards identified below Tthe eCounty shall consider
and may utilize recommendations and letters of technical assistance of the FFWCC, and
recommendations and guidelines of the USFWS, in issuing development orders on property
containing endangered and threatened species and species of special concern. Such plans
shall comply with current federal, state and local ordinances and policies.
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
TAL#531110.1 10/17/03 3
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 polvphernus)
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. 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
e".\ wildlife corridors.
D. Appropriate roadway crossings, underpasses, and signage shall be used where roads must
cross wildlife corridors.
E. When listed species are directly observed on site or indicated by evidence, such as
denning, foraging or other indications, priority shall be given to preserving the habitat of
that listed species, as provided in Section 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.
(Trichechus manatus), Florida panther (Puma concolor corgi), Audubon's crested cascara
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Until the adoption of federal guidelines for any of the above listed species, the developer
shall be responsible for the development of a protection plan for conservation and
management of these species.
, _ _ -. _ -
• . • • _ - . .. __
•
3.11.3.3 Species Specific Requirements. - -= " •
recovery of the West Indian manatee (Trichechus manatus), Florida panther (Puma concolor
coryi), Audubon's crested caracara (Polyborus plancus audubonii), Bald eagle (Haliaeetu;
_ , . , . . t
,
cockaded woodpecker (Picoides borealis), American crocodile (Crocodylus acutus), Eastern
above listed species, the developer shall be responsible for the development of a protection
plan for conservation and management of these species. For those species for which
management and protection guidelines have been adopted, any site or project specific
management and protection plan shall adhere to the adopted federal guidelines. Variations
and site or project specific conditions deemed to be appropriate and prudent to the species'
management and protection and identified in writing as part of the recommendations or
letters of technical assistance from the FFWCC and recommendations from the USFWS
shall be deemed to be consistent with the the provisions of this section and the Endangered,
Threatened, or Listed Species protection objectives and polices set forth in Goal 7 of the of
County's growth management plan. The following specific species management and
protection plans shall be applicable, in addition to those required by 3.11.2.2.:
3.11.3.1 A. Gopher Tortoise (Gopherus polyphemus).
(1+ All gopher tortoises, their habitats and the associated comensals are hereby I
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 functions and values of their
natural habitat, unless otherwise provided for in this section.
(2.)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.
3,)- Provision is hereby made to allow personnel authorized by Florida Fish and Wildlife I
Conservation Commission or Collier County to house and relocate tortoises as
necessary and provided for in this section.
(4,3-When gopher tortoises are identified on site, . : . - . . • _- - . • - - • - I
community development and environmental services division, for review and
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where gopher tortoise protection/management plans have not been previously
.,, - . _ - . - -. . . . -_ - .' _ . . the protection/management plan
shall include, but not be limited to the following items:
1a. 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;
23c. 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;
63f. a detail of the gopher tortoise preserve fencing;
7)g_ an maintenance plan describing exotic removal and possible additional plantings
in the future vegetation management; and
83h. 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 3.9.5,4. of this Code.
(5_)- Suitable habitat shall be defined as having the following characteristics:
1-)a. the presence of well-drained, sandy soils, which allow easy burrowing for gopher
tortoises;i
23b. appropriate herbaceous ground cover (if not present, supplemental food sources
shall be planted);;
4)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.
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.) 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_.)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.
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(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.
4 7 9. When identifying the native vegetation preservation requirement of section
3.9.57. 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. When a decision is madc
to allow off site relocation of gopher tortoises, i1t 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.
(8) 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
3.11.3.4(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. However, gopher tortoises shall be protected
pursuant to paragraphs 1, 2 and 3 of this section above.
B. Florida Scrub Jay. Habitata J
reservation for the Florida scrub ' (Apheloconza
P Y
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
TAL#531110.1 10/17/03 7
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 (Fells concolor corgi) 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 provisons set forth in this
section..
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.
Sec. 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.
TAL#531110.1 10/17/03 8
The Following Definitions are either new or existing (in LDC) and proposed to be
amended, and will be located either in Division 6.3 of the LDC or, in some cases, within
the applicable specific section of the LDC.
Rural Village: A form of development within RFMU Receiving Lands
that includes the following mixture uses: residential
housing types; institutional uses; commercial uses; and,
recreational uses and comprised of several neighborhoods
designed in a compact nature such that a majority of
residential development within comfortable walking
distance to the Neighborhood Centers. [sec. 2.2.2%2.2.B1
Village Center: A distinct area within a Rural Village that serves as the
primary location for commercial uses, including retail and
office, and of civic, and government uses.
Neighborhood Center: A centrally located area within a neighorhood of a Rural
Village that may include small-scale service retail and
office uses and shall include a public park, square, or green.
RFMU District: Rural Fringe Mixed Use District. The area generally
/'1 depicted on the Future Land Use Map and specifically
depicted on the Official Zoning Atlas as the Rural Fringe
Mixed Use District, which generally a transition between
the Urban and Estates Designated lands and between the
Urban and Agricultural/Rural and Conservation designated
lands farther to the east. [ sec. 2.2.2%21
RFMU Receiving Lands: Lands located within the RFMU District that are generally
depicted on the Future Land Use Map, and more
specifically depicted on the Official Zoning Atlas, as
Receiving Lands. [sec. 2.2.2'/2.21
RFMU Sending Lands: Lands located within the RFMU District that are generally
depiected located on the Future Land Use Map, and more
specifically depicted on the Official Zoning Atlas, as
Sending Lands. [sec.2.2.21/2.41
Neutral Lands: Lands located within the RFMU District that are generally
depiected located on the Future Land Use Map, and more
specifically depicted on the Official Zoning Atlas, as
Neutral Lands. [sec.2.2.2%2.31
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Greenbelt: A required buffer and open space area surrounding a Rural
Village. [sec. 2.2.21/2.2.B.4.e]
CON District: Lands that are generally depicted on the Future Land Use
Map, and more specifically depicted on the Official Zoning
Atlas, as Conservation. [sec.2.2.17]
NBMO: Lands located within the RFMU District that are generally
depicted on the Future Land Use Map, and more
specifically depicted on the Official Zoning Atlas, as the
North Belle Meade Overlay. [ sec. 2.2.31]
"EIS")A document required as per division 3.8. a
document or documents that provide an objective
evaluation of the impacts of a proposed development or
other alteration of the existing natural conditions on the
natural resources and environmental quality and the habitat
value for listed species of the subject parcel or parcels of
land and on adjacent or neighboring properties.
/'1 Density Blending: the dispersment of the gross density or intensity allowable
on a parcel or parcels throughout those parcels.
Cluster Development: A design technique allowed within residential zoning
districts by conditional use or where residential
development is an allowable use. This form of
development employs a more compact arrangement of
dwelling units by allowing for, or requiring as the case
may be, reductions in the standard or typical lot size and
yard requirements of the applicable zoning district,with-the
difference between the reduced lot size and the standard lot
requirement being placed in order to: increase common
open space; reduce the overall development area; reduce
alterations and impacts to natural resources on the site; to
preserve additional native vegetation and habitat areas; and,
to reduce the cost of providing services, including but not
limited to central sewer and water. (See section 2.6.27.)
Transfer of Development Rights: the transfer of development rights from one parcel to
another parcel in a manner that allows an increase in the
density or intensity of development on the receiving
property with a corresponding decrease in the remaining
development rights on the sending property.
TAL#531469.2
it
TDR Credit: a unit representing the right to increase the density or
intensity of development on a parcel, obtained through a
Transfer of Development Rights. [sec. 2.6.391
Bonus Credit a unit representing the right to increase the density or
intensity of development within a Rural Village to an
extent equal to that achieved through TDR Credits, up to
the minimum required density. f sec.2.2.2'/2.2.B.3.b 1
Native Vegetation: Native vegetation means Nnative sSouthern Floridian
species as determined by accepted valid scientific
references-(See identified in section 2.4.4.)-Where this
code refers to, or requires retention of, existing native
vegetation, the term native vegetation is further defined as a
vegetative community having 75% or less canopy coverage
of melaleuca or other invasive exotic plant species.
Natural reservation: The term natural reservation refers to large areas set aside
for natural resource protection, conservation and
preservation and includes: only Natural Resource
Protection Areas (NRPAs); and, lands designated
Conservation on the Collier County Future Land Use Map,
including but not limited to, Everglades National Park, Big
Cypress National Preserve, Florida Panther National
Wildlife Refuge, Fakahatchee Strand State Preserve,
Collier-Seminole State Park, Rookery Bay National
Estuarine Research Reserve, Delnor-Wiggins Pass State
Recreation Area, and the National Audubon Society's
Corkscrew Swamp Sanctuary.
Wetlands: A natural resource defined per Collier County growth
management plan, conservation and coastal management
element-policy-6,2,97 Wetlands are defined as set forth in
Section 373.019 Florida Statutes. The terms "Wetlands"
and "Jurisdictional Wetlands," as used in this Code, shall
be synonymous.
Wetland Function: a quantitative and qualitative measure of the degree to
which a jurisdictional wetland provides hydrologic and
habitat or other benefits for listed species, measured using
the Unified Wetland Mitigation Assessment Method,
F.A.C. Chapter 62-345.
Essential sServices: Essential Services are those services and facilities,designed
operated including utilities, safety services, and other
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government services, necessary to promote and protect
public health, safety and welfare, including but not limited
to the following: polices, fire, emergency medical, public
park and public library facilities; and all services designed
and operated to provide water, sewer, gas, telephone,
electricity, cable television or communications to the
general public by providers which have been approved and
authorized according to laws having appropriate
jurisdiction, and governmental facilities. to provide water,
authorized according to laws having appropriate jurisdiction. (Soo
section 2.6.9.)
Open Space: _ - - _. .. __ _ . . _. : .•
_ . _ , . •_ _ . e - - - -- - ,
open space is the area between and around structures,
including recreation areas. Areas that are not occupied by
buildings, parking areas, streets, driveways or loading
areas which may be equipped or developed with amenities
designed to encourage the use and enjoyment of the space
either privately or by the general public. Examples of
open space include: areas of preserved indigenous native
vegetation; areas replanted with vegetation after
construction; lawns, landscaped areas and greenways;
outdoor recreational facilities; and, plazas, atriums,
courtyards and other similar public spaces.
Open Space, Common: Common Open Space means those areas within or related
to a development, not in individually owned lots ec
dedicated for public uso, but which i:, designed and
intended to be accessible to, and for the common use or
enjoyment of, the residents of the development, or the
general public.
Open Space,Usable: Usable Open Space means Aactive or passive recreation
areas such as playgrounds, tennis courts., golf courses,
beach frontage, waterways, lagoons, floodplains, nature
trails and other similar open spaces. Usable Open space
areas shall also include those portions of areas set aside
for preservation of native vegetation and or landscape
areas which are accessible to and usable by residents of
the development, or the general public. Open water area
beyond the perimeter of the site, street rights-of-way,
driveways, off-street parking areas, and off-street loading
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areas shall not be counted in determining usable open
space.
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