EAC Agenda 01/23/2002 S ENVIRONMENTAL ADVISORY COUNCIL
SPECIAL MEETING AGENDA
January 23, 2002
9:00 A.M.—3:00 PM
Commission Boardroom
W. Harmon Turner Building(Building"F")—Third Floor
I. Roll Call
II. Presentation on Proposed Growth Management Plan Amendments Prepared in
Response to the Governor and Cabinet's Final Order. Presented by speakers BM
Lorenz, Natural Resources Director and Bob Muthere,RWA,Inc.
III. Council Member Comments
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- IV. Adjournment
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Council Members: Please notify the Current Planning Secretary no later than 5:00 p.m. on January 16,2002 if
you cannot attend this meeting or if you have a conflict and will abstain from voting on a particular petition
(659-5741).
phillips_s
From: burgeson_b
Sent: Monday, January 14, 2002 12:42 PM
To: phillips_s; lorenz_w; murray_s
Subject: FW: To be missed meetings
FYI.
I sent Chet an e-mail saying that I'd be happy to relay any comments he may have to the
EAC, regarding the GMP's.
Original Message
From: Chetsoling@aol.com [mailto:Chetsoling@aol.com]
Sent: Monday, January 14, 2002 12:34 PM
To: Barbaraburgeson@colliergov.net
Subject: To be missed meetings
Barbara,
At the last meeting of the EAC I advised everyone that I will be away from
January 15th to January 26th. Any special meetings or advisory groups held
during that time will not be attended by me. Sorry!
Chet Soling
1
/"N
" " Memorandum
r,
To: Environmental Advisory Council Members
From: William D. Lorenz, P.E.,Natural Resources Director
Date: January 8,2002
Subject: Proposed Growth Management Plan Amendments
Attached are the proposed amendments to the Collier CountyGrowth Management Plan
that staff has developed with input from the Rural Fringe Advisory Committee and the
Environmental Advisory Council. This document has also been sent to the County's
Technical Advisory Group for their preliminary comments. Note that the Rural Fringe
P—• Advisory Committee has not yet endorsed or taken formal action on the proposed
amendments.
The attached document represents the Public Transmittal Draft that will also be reviewed
by the Collier County Planning Commission prior to the Board of County Commissioners
Transmittal Hearing scheduled in February. Staff will present the Environmental Advisory
Council's recommendations to the Collier County Planning Commission and Board of
County Commissioners during their public hearings.
If you have any questions,please contact me at 732-2505
Enclosure
C: Joseph K. Schmitt,Administrator
Community Development& Environmental Services
Stan Litsinger,AICP, Comprehensive Planning Manager w/o enclosure
Barbara Burgeson, Senior Environmental Specialist
Bob Mulhere,AICP, Planning Director,RWA,Inc. w/o enclosure
EAC/GMP File
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Natural Resources Department
•
Memorandum
To: Interested Parties
From: Sharon Phillips, Administrative Planning Secretary
Date: 1/11/2002
Re: Additional Material pertaining to January 23,2001 Special EAC
Meeting on Proposed Growth Management Plan Amendments
A lengthy document proposing amendments to the Collier County Growth
Management Plan that staff has developed with input from the Rural Fringe
Advisory Committee and the Environmental Advisory Council has been sent to
the County's Technical Advisory Group for their preliminary comments. Note
that the Rural Fringe Advisory Committee has not yet endorsed or taken formal
action on the proposed amendments.
The document represents the Public Transmittal Draft that will be presented to
the EAC on January 23, 2002 at 9 a.m. and will be reviewed by the Collier
County Planning Commission prior to the Board of County Commissioners
Transmittal Hearing scheduled in February. Staff will present the
Environmental Advisory Council's recommendations to the Collier County
Planning Commission and Board of County Commissioners in late February
during their public hearings.
This document can be viewed at Community Development and Environmental
Services in the Planning Department located at 2800 N. Horseshoe Drive. If you
have any questions regarding this document you may contact William Lorenz at
732-2505 or Barbara Burgeson at 403-2311. You may purchase a copy for$25
by contacting Linda Bedtelyon at 659-5737.
Memorandum
L., -1,
7„,,„_
• •
To: EAC Members
From: Kim Hadley, Planning Services
Date: 01/04/02
Subject: Environmental amendments approved in cycle one of 2001
Per the Council's request at the last EAC meeting, please find attached a copy of the approved
final ordinance sections regarding vehicles on the beach, CCSL variance, and beach events.
Also, included are the approved changes that were made to the Beach Events Permit
Conditions, Exhibit"A".
If you need further information, please feel free to contact me at 213-2917 or via email at
KimHadley@colliergov.net.
Community Development and Environmental Services Division
Planning Services Department
Current Planning
)ecG1 U�v [47 600, 'I/ott
COLLIER COUNTY COMMUNITY DEVELOPMENT&
ENVIRONMENTAL SERVICES
2800 North Horseshoe Drive
Naples,FL 34104
941-403-2400
EXHIBIT"A"
STANDARD PERMIT CONDITIONS
1. Security:
Property Owner is responsible for ensuring that adequate security is provided for each
Beach Event.
2. Traffic Safety:
Authorization from the Collier County Sheriffs office may be required for certain Beach
Events.Property Owner is responsible for consulting the Collier County Sheriffs Office
to determine whether separate authorization for a particular event is required.
3. Use of Electrical Apparatus: Need to speak with Building Department
4. Signage:Use of signs shall be subject to the provisions of the Collier County Land
Development Code.
5. Noise: All music shall be subject to the terms and conditions of Property Owner's Music
Permit,which permit may be obtained from Collier County on an annual basis.
6. Restrooms: Existing restroom facilities must be adequate, or additional portable faculties
made available and not located on the beach.
7. Vehicles On Beach: Use of vehicles shall be subject to provision of Collier County Land
Development Code §3.14.
8. Public Access: Beach Events shall be conducted in a manner that does not interfere with
the public's ability to traverse that portion of the beach owned by the State of Florida.
9. No structures may be set,placed, or stored on, or within ten feet of, any beach dune.
10. Annual beach events which occur during Sea Turtle Nesting Season(May list through
October 31st of each year): ` ..-. _ _ - _ _...: • = _. -• _ _ • , : - are
also subject to the following eenditiens regulations:
A. All required Florida Department of Environmental Protection(FDEP)
Field Permits if required by FDEP, shall be obtained and a copy furnished to Collier
County prior to the time of the scheduled event as set forth in section 2.6.34.3.
B. Consistent with section 3.13.7.3, and 3.14.6, no structure Sset up, including or beach
raking, or mechanical cleaning activity for any particular Beach Event shall net
commence until after monitoring conducted by personnel with prior experience and
training in nest surveys procedures and possessing a valid Fish and Wildlife
Conservation Commission Marine Turtle Permit has been completed
- - . . -. _ • . : _. , - •_ . .. , . .. ., ' _ . .. __ e _. .. , _
staff.
C. Prior to all scheduled beach events, every beach event permit holder is required to
rope off(or otherwise identify with a physical barrier) an area with no less than a 15
foot radius around each sea turtle nest that has been identified and marked on a beach,
unless a greater distance is required by an applicable State permit.
D. Use of vehicles on the beach is prohibited, except as may be permitted under in
Section 3.14.3, 3.14.5, or 3.14.6.-ef-this
E. Consistent with section 3.13.7.3 Aall materials placed on the beach for the purpose of
conducting the permitted Beach Events shall must be: 1) removed from the beach by
no later than 9:30 p.m. ':'e . . . . . .. . .. - _ - the date of the event;
and 2) no structures may be set, placed, or stored on, or within ten feet of any beach
dune, except that materials may remain in an identified staging area until 10:00 p.m.
The location and size of all staging areas will be as identified in the annual beach
events permit.
F. All lights that are visible from the beach and cast a shadow thereon shall be turned off
by no later than 9:00 p.m. of the date of the event.
G. Identification of sea turtle nests on the beach may cause the Beach Event to be
relocated from its planned location or to have additional reasonable limitations placed
on the event pursuant to the recommendation of Collier County
Depaftinent staff in order to protect the identified sea turtle nests in this permit,
except that county staff may relocate a staging area as provided for in standard
condition 10 E, as Dart of its daily sea turtle monitoring.
H. Pole lighting, and any other object or structure designed to penetrate the beach surface
by more than three (3)inches shall be subject to the approval of the FDEP and Collier
County.
I. A copy of all Nnotices required by this any permit or these regulations shall must also
be fufnished provided by the permit holder to Collier County Natural Resources
Department.
Note: When a State permit is more restrictive than the LDC requirements, the State
requirements shall supersede, and the County shall enforce these requirements.
p
4
r
la!!ORDINANCE NO.01- 34 --�
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, it Butivill +r
AS AMENDED,
THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES, THE it �ag� ir
COMPREHENSIVE ZONING REGULATIONS , FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,FLORIDA,
BY PROVIDING FOR SECTION ONE, RECITALS: SECTION
TWO,FINDINGS OF FACT: SECTION THREE,ADOPTION OF
AMENDMENTS TO THE LAND DEVELOPMENT CODE,
MORE SPECIFICALLY AMENDING THE FOLLOWING:
ARTICLE 1, GENERAL PROVISIONS, DIVISION 1.8.
NONCONFORMITI'ES; DIVISION 1.19. AMENDMENTS . TO
THIS CODE; ARTICLE 2, ZONING, DIVISION 2.2. ZONING
DISTRICTS, PERMITTED USES, CONDITIONAL USES,
DIMENSIONAL STANDARDS, DIVISION 2.3. OFF-STREET
PARKING AND LOADING; DIVISISON 2.4 LANDSCAPING ,
AND BUFFERING, DIVISION 2.5. SIGNS; DIVISION 2.6.
SUPPLEMENTAL DISTRICT REGULATIONS; DIVISION 2.7.
ZONING ADMINISTRATION AND PROCEDURES; DIVISION
2.8. ARCHITECTURAL AND SITE DESIGN STANDARDS AND
GUIDELINES FOR GQMMERCIAL BUILDINGS AND
PROJECTS; ARTICLE 3; DIVISION 3.2. SUBDIVISIONS;
DIVISION 3.3. SITE DEVELOPMENT PLANS; DIVISION 3.5
EXCAVATION; DIVISION 3.8 ENVIRONMENTAL IMPACT
STATEMENTS (EIS); DIVISION 3.9 VEGETATION REMOVAL,
PROTECTION AND PRESERVATION; DIVISION 3.13.
COASTAL CONSTRUCTION SETBACK LINE VARIANCE;
DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS;
ARTICLE 5, DIVISION 5.1 BOARD OF COUNTY
COMMISSIONERS; DIVISION 5.2 PLANNING COMMISSION; •-
DIVISION 5.3 BOARD OF ZONING APPEALS; AND TO ADD
DIVISION 5.5 HEARING EXAMINER; DIVISION 5.13
ENVIRONMENTAL ADVISORY COUNCIL; ARTicL_E 6,
DIVISION 63. DEFINITIONS, INCLUDING, BUT' NOT "O .
LIMITED TO THE DEFINITIONS OF DESTINATION RESORT A
HOTELS;PARTICIPANT, PSI (POUNDS PER SQUARE INCH), x= 111
RIGHT-OF-WAY, STRUCTURE, UNAUTHORIZED ir1:1 tv
COMMUNICATION AND YARDS; ADDING APPENDIX G. rn iD
STANDARD BEACH EVENT PERMIT CONDITIONS;SECTION E,,<?
FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE,_ ocri he
INCLUSION IN THE COLLIER COUNTY LAND Aac
DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE Am "3
DATES.
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted
Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC) , whichhas been
subsequently amended; and
WHEREAS, the LDC may not be amended more than two times in each calendar year pursuant to
Section 1.19.1., LDC;and
WHEREAS, this is the first amendment to the LDC, Ordinance 91-102, for the calendar year 2001;
and
�` WHEREAS, on March 18,1997, the Board of County Commissioners adopted Resolution 97-177
establishing local requirements and procedures for amending the LDC;and
WHEREAS,all requirements of Resolution 97-177 have been met;and
Words stfuelE4lifough are deleted,words underlined are added.
1
—UBSECTION 3.D. AMENDMENTS TO SUPPLEMENTAL DISTRICT REGULATIONS
DIVISION
Division 2.6., Supplemental District Regulations, of Ordinance 91-102, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
DIVISION 2.6. SUPPLEMENTAL DISTRICT REGULATIONS
2.6.34.1. Annual beach events permit:
2.6.34.3.1., The owner of beach-front commercial hotel-resort property shall apply for an
annual beach events permit. The planning services director, or his designee, may
grant the permit following review of an application for such permit. The
application shall be submitted on the form prescribed by Collier County together
with the applicable fee for the number of planned annual beach events as
indicated on the permit form and exhibits thereto. Permits issued pursuant to this
section are not intended to authorize any violation of§ 370.12, F.S., or any of the
provisions of the Endangered Species Act of 1973, as it may be amended.
2.6.34.3.2. For purposes of this section, a "beach event" shall mean and refer to any social,
recreational or entertainment event (whether public or private), conducted on the
beach and satisfying one or more of the following criteria:
1. The event involves the use of dining/picnic tables and chairs, serving
tables, or other ancillary equipment typically used to serve an on-site
meal; or
2. The event involves the use of staging equipment, amplified music, or the
use of other types of electrical equipment for purposes of enhanced light
and/or sound; or
3. The event:
(a) is attended by 25 or more people and is organized by or with the
help of the commercial property owner; and
(b) is of a nature not commonly associated with the day-to-day use of
the beach by the general public.
2.6.34.3. Notice of scheduled events:
2.6.34.3.1 On or before the 25"' day of each calendar month, the holder of such permit shall
cause Collier County to be furnished with written notice of all beach events
scheduled for the following month, in the form and content made a part of the
annual beach events permit application. The notice shall indicate the date, time
and duration of each event.
2.6.34.3.2. If a beach event is scheduled after the monthly notification has been furnished to
Collier County, the property owner shall furnish the county with a separate
written notice at least 48-hours prior to such event.
2.6.34.3.3 All notices or documents furnished to Collier County pursuant to the permit or
^ these regulations shall be sent to Collier County Planning Services Department
and for events that occur during sea turtle nesting season, to the Collier County
Natural Resource Department as well.
2.6.34.4. Event Cancellations and postponements:
2.6.34.4.1. If a scheduled beach event is canceled or postponed, the property owner shall
furnish Collier County with written notification of such cancellation or
postponement. It is understood that weather conditions may cause last minute
cancellations, however the property owner shall make every effort to notify the
county staff a minimum of 4 hours prior to the scheduled event time. If such event
is rescheduled, notice of the date and time of the rescheduled event shall be
provided.
2.6.34.4.2. If a beach event is canceled or postponed, and no other beach events are
scheduled for the date of the canceled/postponed event, and Collier County has
been notified of such cancellation or postponement,then the canceled or postponed
event shall not count towards the maximum number of beach events authorized by
the permit.
2.6.34.5. Sea turtle nesting season. Annual beach events which occur during Sea Turtle
Nesting Season(May 1st through October 31St of each year): hurtle
•_ _ • ._. _ _ _ .= are also subject to the following conditions
regulations:
2.6.34.5.1. A copy of the All required Florida Department of Environmental Protection
(FDEP) Field Permits, if required by FDEP, shall be obtained and a copy furnished
to Collier County prior to the time of the scheduled event as set forth in section
2.6.34.3.
2.6.34.5.2. Consistent with section 3.13.7.3, and 3.14.6, no structure Sset up, including or
beach raking;or mechanical cleaning activity for any particular Beach Event shall
net commence until after monitoring conducted by personnel with prior
experience and training in nest surveys procedures and possessing a valid Fish
and Wildlife Conservation Commission Marine Turtle Permit has been completed
2.6.34.5.3. Prior to all scheduled beach events, every beach event permit holder is required to
rope off(or otherwise identify with a physical barrier) an area with no less than a
15-foot radius out from each sea turtle nest that has been identified and marked on
a beach,unless a greater distance is required by an applicable State permit..
2.6.34.5.3 4. Use of vehicles on the beach is prohibited, except as may be permitted under in
Section 3.14.3, 3.14.5, or 3.14.6. s-cede.
2.6.34.5.45. Consistent with section 3.13.7.3,Aall materials placed on the beach for the
purpose of conducting the permitted beach events shall : 1)must be removed from
the beach by no later than 9:30 p.m. 9:00 p.m. of the date of the event; and 2) no
structures may be set, placed, or stored on, or within ten feet of any beach dune,
except that materials may remain in an identified staging area until 10:00 p.m.
The location and size of all staging areas will be as identified in the permit.
2.6.34.5.56. All lights that are visible from the beach and cast a shadow thereon shall be
turned off by no later than 9:00 p.m. of the date of the event.
2.6.34.5.67. Identification of sea turtle nests on the beach may cause the Beach Event to be
relocated from its planned location or to have additional reasonable limitations
placed on the event pursuant to the recommendation of Collier County Natufal
staff in order to protect the identified sea turtle nests in this
�-. permit; except that county staff may relocate a staging area as provided for in
2.6.34.5.5, as part of its daily sea turtle monitoring.
2.6.34.5.78. Pole lighting, and any other object or structure designed to penetrate the beach
surface by more than three(3) inches shall be subject to the approval of the FDEP
and Collier County.
2.6.34.5.59. A copy of all Nnotices required by this any permit or these regulations shall must
also be famished provided by the permit holder to Collier County Natural
Resources Department.
Note: When a State permit is more restrictive than the code requirements, the State requirements
shall supersede, and the County shall enforce these requirements.
2.6.34.6. Penalties. Notwithstanding the penalties set forth elsewhere in this Code,the
following violations of this section are subject to the following penalties, except
that the Annual Beach Events Permit may not be suspended or revoked:
1. Violations which do not occur during sea turtle nesting season, i.e., occur
outside of sea turtle nesting season, are subject to up to a$500 fine per
violation.
2. Violations which occur during sea turtle nesting season and are:
a. any activity that may cause immediate harm to sea turtles or their
nesting activities; which include, but are not limited to the
following: 1) setting up a beach event prior to daily sea turtle
monitoring; 2) failing to remove beach event materials from the
beach by 9:30 p.m.; 3) failing to have lights, so required, turned
out by 9:00 p.m.; or 4) not placing additional barriers around nests
as required by sec. 2.6.34.5.3; are subject to the following
penalties:
First violation: $1,000 fine
Second violation: $2,500 fine
Third or more violation: $5,000 fine
b. any activity that would not cause immediate harm to sea turtles or
their nesting activities;which include,but are not limited to the
following: 1) failing to notify the County of a beach event; 2)
failing to provide the County with copies of Florida Department of
Protection permits prior to each beach event; or 3)having beach
event materials or related structures set,placed, stored on, or
within ten feet of any beach dune; are subject to up to a$500 fine.
,UBSECTION 3.J. AMENDMENTS TO COASTAL CONSTRUCTION SETBACK LINE
VARIANCE DIVISION
Division 3.13., . Coastal Construction Setback Line Variance, of Ordinance 91-102, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
DIVISION 3.13. COASTAL CONSTRUCTION SETBACK LINE VARIANCE
Sec. 3.13.7. Exemptions.
Sec. 3.13.7.3. Any structure(s),_ . . ... :-. - .. - - ••• .. . . _. - .. .. =, that:
fl do not constitute fixed structure(s), 2i do not require a building permit,
3,) weigh less than 100 pounds, and 4) upon review by the development
planning services director or his designees, is/are determined to not
present an actual or potential threat to the beach and the dune system and
adjacent properties are exempt from the variance requirements of this
division. This exemption shall not be effective during sea turtle nesting
season(May 1 —October 31) unless the structures are removed daily from
the beach prior to 9:00 p.m. 9:30 p.m. and are not moved onto, or placed
on, the beach before completion of monitoring conducted by personnel
with prior experience and training in nest surveys procedures and
possessing a valid Fish and Wildlife Conservation Commission Marine
Turtle Permit (daily sea turtle monitoring), or unless the beach furniture is
being actively used or attended during the period of time from 9:30 pm
until the next day's monitoring. Exemptions allowed under this provision
are not intended to authorize any violation of§ 370.12, F.S., or any of the
provisions of the Endangered Species Act of 1973, as it may be amended.
Sec. 3.13.9. Penalty and civil remedies
* * * * * * ** * *
3.13.9.3.1 Penalty for a violation of subsection 3.13.7.3 Notwithstanding the penalties set
forth elsewhere in this Code, the following violations of subsection 3.13.7.3,
which occur during sea turtle nesting season:
A) 1) setting up of any structures as defined in 3.13.7.3,prior to daily sea
turtle monitoring, 2) failing to remove all structures from the beach by
9:30 p.m., or 3) failing to have lights, so required,turned off by 9:00 pm.,
are subject to the following penalties:
First violation: Up to $1,000 fine.
Second violation: $2,500 fine
Third or more violation: $5,000 fine
B) Beach front property owners who leave beach furniture unattended on the
beach between 9:30 pm and the time of the next day's sea turtle
monitoring, are subject to the following penalties:
First violation: Written notice of ordinance violation
Second violation: Up to $1,000 fine
Third or more violation: $2,500 fine
More than three violations: $5,000 fine
* * * * * * * * * *
SUBSECTION 3.K. AMENDMENTS TO VEHICLE ON
THE BEACH REGULATIONS DIVISION
Division 3.14., Vehicle On The Beach Regulations, of Ordinance 91-102, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS
Sec. 3.14.3. Exceptions; permit.
* * * * * * * * * * *
3.14.3.4 Vehicle-on-the-beach permits issued in conjunction with special or annual beach
events: Vehicles which are used in conjunction with functions on the beach, as
permitted by an approved special event temporary use permit, or annual beach
events permit, are exempt from the provisions of this division if a vehicle-on the-
beach permit has been granted by the planning services director or his designee.
All permits issued are subject to the following conditions and limitations:
3.14.3.4.1. The use of vehicles shall be limited to set-up and removal of equipment for the
permitted function.
3.14.3.4.2. Said permits shall be prominently displayed on the vehicle and kept with the
vehicle and available for inspection;
n 3.14.3.4.3. The types of vehicles permitted for this use may include ATVs, non-motorized
handcarts or dollies, and small utility wagons, which may be pulled behind the
ATVs.
3.14.3.4.4. All vehicles shall be equipped with large pneumatic tires
having a maximum ground-to tire pressure of 10 PSI (pounds per square inch), as
established by the Standard PSI Formula. Calculations for tire pressure using the
standard formula shall be included with each permit application.
3.14.3.4.5. Permits shall only be issued for ATVs when staff has determined that: 1) due to
the distance and the excessive weight of the equipment to be moved that it would
be prohibitive in nature to use push carts or dollies or 2) a limited designated
work area has been established at the foot of the dune walkover for loading and
unloading and the ATV use is restricted to that limited area.
3.14.3.4.6. When not in use all vehicles shall be stored off the beach;
3.14.3.4.7 _ 7. . . _• _ _ . _. . . . . . _. . ..- •: .. •.. _ • -
During sea turtle nesting season, the following shall apply: 1) no vehicle may be
used on the beach until after completion of daily sea turtle monitoring conducted
by personnel with prior experience and training in nest surveys procedures and
possessing a valid Fish and Wildlife Conservation Commission Marine Turtle
Permit; 2) consistent with sec. 3.13.7.3., there shall be no use of vehicles for set
up of chairs or hotel or commercial beach equipment, etc. until after the beach has
been monitored; 3) one (1) ingress/egress corridor onto and over the beach,
perpendicular to the shoreline from the owner's property, shall be designated by
the Collier County Natural Resources Department (CCNRD); additional corridors
may be approved when appropriate and necessary; a staging area may be
approved for large events and 4) except for designated corridors, all motorized
vehicles shall be operated below the Mean High Water line (MHW), as generally
evidenced by-the previous high tide mark. If at anytime CCNRD determines that
the designated corridor may cause adverse impacts to the beach, nesting sea
i"� turtles, or the ability of hatchlings to traverse the beach to the water, an alternative
corridor shall be designated. If no alternative is available, the Vehicle on the
Beach permit may be suspended for the remaining period of the sea turtle season.
3.14.3.5. Vehicle-on-the-beach permits issued in conjunction with permanent concession
facilities: shall be exempt from the provisions of this division if a vehicle-on-the-
beach permit has been granted by the planning services director or his designee.
Vehicles which are used in conjunction with approved permitted beach
concession activities may be used to set up concession equipment and may be
used to remove the equipment from the beach and return it to the approved
storage area, subject to the following conditions and limitations:
3.14.3.5.1. The types of vehicles permitted for this use may include ATVs, non-motorized
handcarts or dollies, and small utility wagons, which may be pulled behind the
ATVs.
3.14.3.5.2. Said permit shall be prominently displayed on the vehicle and kept with the
vehicle and available for inspection.
3.14.3.5.3. All vehicles shall be equipped with large pneumatic tires
having a maximum ground-to tire pressure of 10 PSI(pounds per square inch), as
established by the Standard PSI Formula. Calculations for tire pressure using the
standard formula shall be included with each permit application.
3.14.3.5.4. Permits shall only be issued for ATV's when one of the following criteria has
been met:
1) Evidence has been provided that there is a need to move equipment,
which, due to the excessive weight and distance, of equal to or greater
n than 200 feet, would be prohibitive in nature to move with, push carts or
dollies.
2) A limited designated work area has been established at the foot of the
dune walkover for loading and unloading and the ATV use is restricted to
that limited identified area.
3.14.3.5.5. When not in use all vehicles shall be stored off the beach;
3.14.3.5.6. These vehicles may not be used for transportation of people or equipment
throughout the day. The permit shall designate a limited time for equipment set
up and for the removal of the equipment at the end of the day.
3.14.3.5.7. _ - - _ ._.._ • :_ . . . . -. - _. •.. _ • _ •-
During sea turtle nesting season, the following shall apply: 1) no vehicle may be
used on the beach until after completion of daily sea turtle monitoring conducted
by personnel with prior experience and training in nest surveys procedures and
possessing a valid Fish and Wildlife Conservation Commission Marine Turtle
Permit; 2) consistent with sec. 3.13.7.3., there shall be no use of vehicles for set
up of chairs or hotel or commercial beach equipment until after the beach has
been monitored; 3) one (1) ingress/egress corridor onto and over the beach,
perpendicular to the shoreline from the owner's property, shall be designated by
the Collier County Natural Resources Department (CCNRD); additional corridors
may be approved when appropriate and necessary and 4) except for designated
corridors, all motorized vehicles shall be operated below MHW , as generally
evidenced by the previous high tide mark. If at anytime CCNRD determines that
the designated corridor may cause adverse impacts to the beach, nesting sea
turtles, or the ability of hatchlings to traverse the beach to the water, an alternative
corridor shall be designated. If no alternative is available, the Vehicle on the
Beach permit may be suspended for the remaining period of the sea turtle season.
3.14.3.6. Vehicle-on-the-beach permits for other routine functions associated with
permitted uses of commercial hotel property: Vehicles which are used in
conjunction with tasks such as routine equipment set-up that cannot reasonably be
accomplished without the use of such vehicle due to size, weight, volume and
such, shall be exempt from the provisions of this division if a vehicle-on-the-
beach permit has been granted by the planning services director or his designee,
subject to the following conditions and limitations:
3.14.3.6.1. Use of the vehicle shall be limited to a one-time set up and a one-time removal of
equipment each day.
3.14.3.6.2. Said permit shall be prominently displayed on the vehicle and kept with the
vehicle and available for inspection.
3.14.3.6.3. The types of vehicles permitted for this use may include ATVs, non-motorized
handcarts or dollies.
3.14.3.6.4. Permits shall only be issued for ATVs when one of the following criteria has been
met:
1) Evidence has been provided that there is a need to move equipment,
which, due to the excessive weigh and distance of equal to or greater than
200 feet, would be prohibitive in nature to move with, push carts or
dollies.
2) A limited designated work area has been established at the foot of the
dune walkover for loading and unloading and the ATV use is restricted to
that limited identified area.
3.14.3.6.5. All vehicles shall be equipped with large pneumatic tires '
having a maximum ground-to tire pressure of 10 PSI (pounds per square inch), as
established by the Standard PSI Formula. Calculations for tire pressure using the
standard formula shall be included with each permit application.
3.14.3.6.6. When not in use all vehicles shall be stored off the beach;
3.14.3.6.7 - _ - - - • - - - _ ._. -
seasen-During sea turtle nesting season, the following shall apply: 1) no vehicle
may be used on the beach until after completion of daily sea turtle monitoring
conducted by personnel with prior experience and training in nest surveys
procedures and possessing a valid Fish and Wildlife Conservation Commission
Marine Turtle Permit; 2) consistent with sec. 3.13.7.3., there shall be no use of
vehicles for set up of chairs or hotel or commercial beach equipment until after
the beach has been monitored; 3) one (1)ingress/egress corridor onto and over the
beach, perpendicular to the shoreline from the owner's property, shall be
established by the Collier County Natural Resources Department (CCNRD);
additional corridors may be approved when appropriate and necessary and 4)
except for designated corridors, all motorized vehicles shall be operated below
MHW, as generally evidenced by the previous high tide mark. If at anytime
CCNRD determines that the designated corridor may cause adverse impacts to the
beach, nesting sea turtles, or the ability of hatchlings to traverse the beach to the
water, an alternative corridor shall be designated. If no alternative is available,
the Vehicle on the Beach permit may be suspended for the remaining period of
the sea turtle season.
3.14.3.7. Tire tread identifications: All rear tires shall be marked with raised metal
lettering(minimum 1/2 inch thick attached to the raised tread of the tires) in order
that field identifications can be made when vehicles are used on the beach. This
identification shall be required for all new vehicle on the beach permits issued for
ATV's and for all vehicles using the beach during sea turtle season.
* * * * * * * * * * *
Sec. 3.14.5. Beach raking and mechanical beach cleaning.
3.14.5.1. Beach raking and mechanical beach cleaning shall be prohibited on undeveloped
coastal barriers unless a state permit isrequired. obtained.
3.14.5.2. Beach raking and mechanical beach cleaning fie-subject-te must comply with
the provisions of section 3.14.6 of this division.
3.14. 5.3. Beach raking and mechanical beach cleaning shall not interfere with sea turtle
nesting, shall preserve or replace any native vegetation on the site, and shall
maintain the natural existing beach profile and minimize interference with the
natural beach dynamics and function.
3.14. 5.4. Beach raking and mechanical beach cleaning devices shall not disturb or penetrate
beach sediments by more than the minimum depth necessary, not to exceed one
inch, in order to avoid a potential increase in the rate of erosion. In cases where
the one-inch depth is not sufficient, a maximum depth of two inches, as allowed
by the department of natural resources, will be permitted where approved in
writing by the development services director.
3.14.5.5. Heavy equipment shall not be used to conduct beach raking and mechanical beach
cleaning. Lightweight vehicles having wide, low profile, low pressure tires shall
be used to conduct beach raking and mechanical beach cleaning operations.
* * * * * * * * * *
Sec. 3.14.6. Operations of vehicles on the beach during marine turtle nesting season.
The operations of motorized vehicles, including but not limited to and self-
propelled, wheeled, tracked, or belted conveyances, (hall be is prohibited on
coastal beaches above mean high water during sea turtle nesting season, May 1 to
October 31, of each year, except in cases for purposes of law enforcement,
emergency, or conservation of sea turtles, unless such vehicles have a valid permit
issued pursuant to this division. Permits issued pursuant to this division are not
intended to authorize any violation of 370.12, F.S., or any of the provisions of
the Endangered Species Act o f 1973, as it may be amended.
3.14.6.1 All Bbeach raking and mechanical beach cleaning during sea turtle nesting
season, May 1 to October 31, of each year, shall be confined to the area of beach
below mean high water as generally evidenced by or below or the previous high
tide mark and only where a state certified sea turtle monitoring has been
conducted by a state certified sea turtle permit must not begin before completion
of monitoring conducted by personnel with prior experience and training in nest
surveys procedures and possessing a valid Fish and Wildlife Conservation
Commission Marine Turtle Permit.
3.14.7. Penalties. Notwithstanding the penalties set forth elsewhere in this Code,
violations of this division are subject to the following penalties:
3.14.7.1. Violations of section 3.14.5.,which do not occur during sea turtle nesting season.,
i.e., occur outside of sea turtle nesting season, are subject to up to a$500 fine per
violation.
3.14.7.2. 1. Minor infractions of section 3.14.5 which occur during sea turtle nesting
season are subject to up to a$500 fine per violation. Minor infractions are defined
as any activity that will not cause immediate harm to sea turtles or their nesting
activity; and include,but are not limited to,the following: 1)use of an
unpermitted vehicle; 2) vehicles being operated: a)without required tire tread
identification; b)without permit being available for inspection; or c)with
improper tire pressure.
2. Major infractions of section 3.14.5 which occur during sea turtle nesting
season are subject to the following penalties. Major infractions are defined as any
activity that may cause immediate harm to sea turtles or their nesting activities;
and include,but are not limited to, the following: 1) use of a vehicle prior to daily
sea turtle monitoring, 2) use of a vehicle after 9:30 pm, or 3)use of a vehicle
outside of a designated corridor.
First violation: $1000 fine and a suspension of permitted activities,
including but not limited to: beach raking or
mechanical cleaning activities, for 70 days or the
balance of sea turtle nesting season,whichever is less.
Second violation: $2,500 fine and a suspension of permitted activities,
including but not limited to: beach raking or
mechanical cleaning activities, for 70 days or the
balance of sea turtle nesting season,whichever is less.
Third or more violation: $5,000 fine and a suspension of permitted activities,
including but not limited to: beach raking or
mechanical cleaning activities, for 70 days or the
balance of sea turtle nesting season,whichever is less.
3.14.7.3. Violations of sections 3.14.3.2.; 3.14.3.4.; 3.14.3.5.; or 3.14.3.6., which do not
occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting
season, are subject to up to a$500 fine per violation.
3.14.7.4 Violations of sections 3.14.3.2.; 3.14.3.4.; 3.14.3.5.; or 3.14.3.6., which occur
during sea turtle nesting season are subject to the following penalties:
1. Minor infractions are subject to up to a $500 fine per violation. Minor
infractions are defined as any activity that will not cause an immediate
harm to sea turtles or their nesting activity; and include,but are not limited
to, the following: 1) use of an unpermitted vehicle; 2) vehicles being
operated: a) without required tire tread identification; b) with permit not
available for inspection; or c)with improper tire pressure.
2. Major infractions are defined as any activity that may cause harm to sea
turtles or their nesting activities; and include, but are not limited to, the
following: 1) use of a vehicle prior to daily sea turtle monitoring, 2) use of
a vehicle after 9:30 p.m. 9+00-pm, or 3)vehicle being operated outside of a
designated corridor. Major violations are subject to the following
penalties:
First violation: $1000 fine.
Second violation: $2,500 fine
Third or more violation: $5,000 fine
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