Ordinance 2017-20 ORDINANCE NO. 17- 20
AN ORDINANCE AMENDING ORDINANCE 89-05, AS
AMENDED, THE COLLIER COUNTY GROWTH
MANAGEMENT PLAN OF THE UNINCORPORATED AREA OF
COLLIER COUNTY FLORIDA, ADOPTING A COUNTY-
INITIATED AMENDMENT TO THE COLLIER COUNTY
GROWTH MANAGEMENT PLAN TO UPDATE AND CLARIFY
TEXT, SPECIFICALLY AMENDING THE CONSERVATION
AND COASTAL MANAGEMENT ELEMENT; RECOMMENDING
TRANSMITTAL OF THE ADOPTED AMENDMENT TO THE
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. [PL20130002637/CPSP-2013-11]
WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the
Community Planning Act, formerly the Florida Local Government Comprehensive Planning and
Land Development Regulation Act, was required to prepare and adopt a comprehensive plan;
and
WHEREAS, the Collier County Board of County Commissioners adopted the Collier
County Growth Management Plan on January 10, 1989; and
WHEREAS, the Community Planning Act of 2011 provides authority for local
governments to amend their respective comprehensive plans and outlines certain procedures to
amend adopted comprehensive plans; and
WHEREAS, staff has prepared an amendment to the Conservation and Coastal
Management Element of the Growth Management Plan; and
WHEREAS, Collier County transmitted the Growth Management Plan amendment to the
Department of Economic Opportunity for preliminary review on December 21, 2016, after
public hearings before the Collier County Planning Commission and the Board of County
Commissioners; and
WHEREAS, the Department of Economic Opportunity reviewed the amendment to the
Growth Management Plan and transmitted its comments in writing to Collier County within the
time provided by law; and
WHEREAS, Collier County has 180 days from receipt of the Comments Report from the
Department of Economic Opportunity to adopt, adopt with changes or not adopt the proposed
amendment to the Growth Management Plan; and
WHEREAS, Collier County has gathered and considered additional information, data and
analysis supporting adoption of this amendment, including the following: the Collier County
Staff Report, the documents entitled Collier County Growth Management Plan Amendment and
[15-CMP-00954/1336422/1]421 Page 1
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5/2/17
other documents, testimony and information presented and made a part of the record at the public
hearings of the Collier County Planning Commission held on April 20, 2017, and the Collier
County Board of County Commissioners held on June 13, 2017; and
WHEREAS, all applicable substantive and procedural requirements of the law have been
met.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: ADOPTION OF AMENDMENT TO THE CONSERVATION AND
COASTAL MANAGEMENT ELEMENT OF THE GROWTH
MANAGEMENT PLAN
The amendment to the Conservation and Coastal Management Element of the Growth
Management Plan, attached hereto as Exhibit "A" and incorporated herein by reference, is
hereby adopted in accordance with Section 163.3184, Florida Statutes, and shall be transmitted
to the Florida Department of Economic Opportunity.
SECTION TWO: SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION THREE: EFFECTIVE DATE.
The effective date of this plan amendment, if the amendment is not timely challenged,
shall be 31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If timely challenged, this amendment shall become effective
on the date the state land planning agency or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. No development orders, development
permits, or land uses dependent on this amendment may be issued or commenced before it has
become effective. If a final order of noncompliance is issued by the Administration Commission,
this amendment may nevertheless be made effective by adoption of a resolution affirming its
effective status, a copy of which resolution shall be sent to the state land planning agency.
[15-CMP-00954/1336422/1]421 Page 2
PL20130002637/CPSP-2013-11
5/2/17
CA(
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this 13411 day of 3 .A . k , 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COL IE' OUNTY, FLORIDA
40
dr . :'-'• Al. _ BY: /// IJd
Deputy Cies �,a PE i• A YLO'''airman
Attest as to Chairman's= , —
signature only: -`
Appr ved as to form and legality:
l
eidi Ashton-Cicko `'
Managing Assistant County Attorney
Attachment: Exhibit A—Conservation and Coastal Management Element
This ordinance filed with the
Secretary of State's Office the
2°44tlay of --lone—, 21317
and acknowledgement of that
filing received this Z2' day
J
of /11.e. , •1
By Ai ' ��_ .i_
Deputy c /i.
[15-CMP-00954/1336422/1]421 Page 3
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Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—Adoption Final 6/13/17
PL20130002637/CPSP-2013-11
EXHIBIT "A"
CONSERVATION AND COASTAL MANAGEMENT ELEMENT (CCME)
Update and make current the Table of Contents, along with corresponding titles, heading and other
entries—inside and between Elements—to maximize internal consistency.
II. GOALS, OBJECTIVES & POLICIES
GOAL 1: [Reference text only, page 3]
TO PLAN FOR THE PROTECTION, CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF
THE COUNTY'S NATURAL RESOURCES.
OBJECTIVE 1.1: [Revised text, page 3]
Maintain a comprehensive environmental management and conservation program to
ensure that natural resources, including State and Federally listed animal species within the County are
properly, appropriately, and effectively identified, managed, and protected.
Policy 1.1.1:
Collier County has established and will maintains an Environmental Advisory Council (EAC), which
advises and assists the appropriate County agencies, the Collier County Planning Commission (CCPC)
and the Board of County Commissioners (BCC) in implementing the County's environmental resources
management programs.
Policy 1.1.2:
Collier County has incorporated the gGoals,eObjectives and ePolicies of this Conservation and Coastal
Management Element...
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Policy 1.3.1: [Revised text, page 4]
The NRPA program shall direct incompatible land uses away from significant environmental systems
that exist at a landscape scale, contain large systems of connected wetland and upland habitats, and
support a wide variety of listed species. The program shall include the following:
a. Identification and mapping of NRPAs as an overlay to the Future Land Use Map; (During the
Assessment for the Rural Fringe area, the County has determined that CREW Trust lands, Belle
Meade, and a portion of the Northern Belle Meade shall be identified as NRPAs. The County
also has determined that the South Golden Gate Estates is a NRPA. The specific boundaries
have been identified as NRPAs on the Future Land Use Map.)
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Policy 1.3.2 [Revised text, page 5]
The overall purpose and description of the Rural Stewardship program is defined in the Rural Lands
Stewardship Area (RLSA) Overlay found in the in the Future Land Use Element. A Stewardship Credit
system has been established that shall serve as the primary basis for the protection of Flowway
Stewardship Areas (FSAs), Habitat Stewardship Areas (HSAs) and Water Retention Areas (WRAs).
The RLSA Overlay also contains policies to that shall direct incompatible land uses away from FSAs,
HSAs and WRAs in order to protect wetlands, upland habitats and listed species within the RLSA.
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FINAL Words underlined are added;words struck-through are deleted. 1
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Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—Adoption Final 6/13/17
OBJECTIVE 2.1: [Revised text, page 6]
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a. All new development and re-development projects shall meet 150% of the water quality
volumetric requirements of Section 4.2.1(a) of the Environmental Resource Permit Applicant's
Handbook Volume 11 for use within the Geographic Limits of the South Florida Water
Management District (2014), or its successor, in effect at the time of project approval, and the
retention and detention requirements, and the allowable off-site discharge rates required by
Stormwater Management Sub Element Policy 6.2 and 6.3, respectively provided in the Code of
Laws and Ordinances;
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d. All development located within areas identified on Figure 1 shall be evaluated to... avoid direct
impacts to these natural wetlands, flowways, or sloughs or, when not possible, to ensure any
direct impact is minimized and compensated for by providing the same conveyance capacity
lost by the direct impact. The County shall adhere to the limiting discharge rates of each basin
. . .. ,, 119 ._ ._ • , -
Management Policy and provided basin dclin etions where special p ak discharge rates have
Management Plans as provided in the Code of Laws and Ordinances.
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Policy 2.3.6.b: [Revised text, page 9]
b. Excluding single family homes, any project impacting five (5) acres or more of wetlands shall
provide...
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Policy 3.1.4: [Revised text, page 11]
Wellhead protection areas identified on the Future Land Use Map Series shall be protected as follows:
1. Wellhead protection areas slaafl consist of four (4) Wellfield Risk Management Zones defined as
follows:
a) Zone W-1 is the land area surrounding the identified potable water wellfield wellheads and
extends to the five percent (5%) ground water capture zone boundary line (which
approximates the one (1) year ground water travel time to the wellfield).
b) Zone W-2 is the land area between the W-1 boundary line and the ten percent (10%)ground
water capture zone boundary line (which approximates the two (2) year ground water travel
time to the potable water wellfield).
c) Zone W-3 is the land area between the W-2 boundary line and the twenty-five percent (25%)
ground water capture zone boundary line (which approximates the five (5)year ground water
travel time to the potable water wellfield).
d) Zone W-4 is the land area between the W-3 boundary line and the 4-89 one-hundred percent
(100%) ground water capture zone boundary line (which approximates the twenty (20) year
ground water travel time to the potable water wellfield).
2. Land uses are restricted within the wellfield risk management zones as follows:
a) Future solid waste disposal facilities;are prohibited in all wellfield risk management zones.
b) Future solid waste transfer stations; are prohibited in zones W-1, W-2, and W-3.
FINAL Words underlined are added;words struck through are deleted. 2
Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—Adoption Final 6/13/17
c) Future solid waste storage, collection, and recycling storing hazardous products and
hazardous wastes;are prohibited in zones W-1, W-2, and W-3.
d) Future non-residential uses involving hazardous products in quantities exceeding 250 liquid
gallons or 1,000 pounds of solids; must provide for absorption or secondary containment in
zones W-1, W-2, and W-3.
e) Future domestic wastewater treatment plants;are prohibited in zone W-1.
f) Future land disposal systems; must meet high level disinfection standards as found in Title
40 CFR part 135.
g) Land application of domestic residuals; are required to limit metal concentrations; nitrogen
based on uptake ability of vegetation), and require a GConditional eUse.
h) Future petroleum exploration and production and expansions of existing; activities are
prohibited in zones W-1 and W-2, and require a eConditional uUse required in zones W-3
and W-4.
i) Future on-site disposal systems (septic tanks) requiring a soil absorption area greater than
1,000 square feet are allowed to discharge in zone W-1 subject to complying with
construction standards and provision of an automatic dosing device and a low-pressure
lateral distribution.
j) On-site sewage disposal systems (septic tanks) serving existing industrial uses and subject
to the thresholds in d) and e) above within wellfield zones W-1, W-2, and W-3 shall are
required to meet all construction and operating standards contained in 64E-10, F.A.C. as the
rule existed on August 31, 1999 and shall to implement a ground water monitoring plan.
3. Conditional uses referenced within this pPolicy...
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Policy 3.3.2: [Revised text, page 13]
Collier County shall use its three-dimensional computer model to calculate the actual "cones of
depression" around the County's existing potable water wellfields. After at least 15 days publication of
the maps of the proposed "zones of protection"for each such wellfield before each hearing by the EAC,
Planning Commission and the Board of County Commissioners, the County shall then amend the
appropriate elements of this Growth Management Plan to show such "cones of depression" as "zones
of protection" within the Countywide Future Land Use Map Series.
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OBJECTIVE 4.2: [Revised text, page 14]
Continue to promote conservation of Collier County's potable water supply and will continue to develop,
implement and refine a comprehensive conservation strategy through the Collier County Water-Sewer
District and the Collier County Water and Wastewater Authority, which will-identify identifies specific
goals for reducing per capita potable water consumption.
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OBJECTIVE 5.4: [Revised text, page 16]
The County shall m Maintain its the County's program to control soil erosion through its regulations
identifying criteria to control and reduce soil erosion and sediment transport from construction and other
nonagricultural land disturbing activities.
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FINAL Words underlined are added;words strusl-#hrough are deleted. 3
page 3 o
Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—Adoption Final 6/13/17
GOAL 6: [Reference text only, page 16]
TO IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE THE COUNTY'S NATIVE
VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT.
OBJECTIVE 6.1: [Revised text, page 16]
Protect native vegetative communities through the application of minimum preservation requirements.
(The Policies under this Objective shall apply to all of Collier County except for that portion of the County
which is identified on the Countywide Future Land Use Map (FLUM) as the Rural Lands Stewardship
Area Overlay.)
Policy 6.1.1:
For the County's Urban Designated Area... pursuant to pPolicies supporting Objective 2.1 of this
Element. ...
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[Revised text, page 17]
(1) For the purpose of this pPolicy, ...specified in this pPolicy...
(2) The preservation of...
(3) Areas that fulfill the native vegetation retention standards and criteria of this pPolicy shall be set
aside... consistent with the requirements of this pPolicy.
(4) Selection of native vegetation to be...
a. Wetland or upland areas... the requirements of Policy 7.1.1 and 7.1.2 of this eElement.
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[Revised text, page 18]
(5) The uses allowable within preserve areas are limited to:
a. ...standards that implement this pPolicy shall be...
b. ...according to the pPolicies associated with Objective 7.1.
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Policy 6.1.2:
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[Revised text, page 22]
(1) For the purpose of this pPolicy... specified in this pPolicy...
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[Revised text, page 22]
(3) Areas that fulfill ...the native vegetation retention standards and criteria of this pPolicy...
consistent with ...the requirements of this pPolicy. ...
(4) a. ...the requirements of Policy 7.1.1 and 7.1.2 of this eElement.
(5) b. ...according to the pPolicies associated with Objective 7.1...
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[Revised text, page 23]
(8) ...required in this pPolicy...
(10) ...pursuant to Policy 6.5.2 of this eElement. ...in CCME Objective 6.5 of this eElement.
FINAL Words underlined are added;words stip are deleted. 4
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Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—Adoption Final 6/13/17
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Policy 6.1.5: [Revised text, page 24]
...in Policies 6.1.1, and 6.1.2 of this eElement... ...the requirements of Policy 6.1.1 and 6.1.2 of this
eElement...
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Policy 6.1.9: [Revised text, page 25]
...the pPolicies supporting Objective 6.1.
OBJECTIVE 6.2:
...the appropriate pPolicies under Goal 6. (The County's wetland protection policies and strategies
shall be are coordinated with the Watershed Management Plans as required by Objective 2.1 of this
Element.)
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Policy 6.2.3: [Revised text, page 26]
Collier County shall implement a comprehensive process to ensure wetlands and the natural functions
of wetlands are protected and conserved. This wetland preservation and conservation process shall
be coordinated with the Watershed Management Plan process, as referenced in Objective 2.1 of this
Element. However, the process outlined within this Policy is primarily based on directing concentrated
population growth and intensive development away from large interconnected wetland systems. These
wetland systems have been identified based on their type, values, functions, sizes, conditions and
locations within Collier County. These systems predominantly occur east of the County's Urban
boundary, as delineated on the Countywide Future Land Use Map (FLUM), within the Future Land Use
Element (FLUE). Many of these wetlands fall within public lands or land targeted for acquisition. High
quality wetlands systems located on private property are primarily protected through native vegetation
preservation requirements, or through existing PUD commitments, conservation easements, or
Stewardship Sending Area Designations, or via the NRPA or Sending designations within the Rural
Fringe Mixed Use District or land/easement acquisition, or innovative landowner incentives. Protection
measures for wetlands and wetland systems located within the northeastern portion of Collier County,
excluding the community of Immokalee, are contained in the Rural Lands Stewardship Area Overlay
(RLSA Overlay) of the FLUE (and as depicted on the FLUM). Protection measures for wetlands and
wetland systems located within the Urban and Estates designated areas of the County shall be based
upon the jurisdictional determinations made by the applicable state or federal agency. Where permits
issued by such state or federal agencies allow for impacts to wetlands within Urban and Estates
designated areas and require mitigation for such impacts, the permitting agency's mitigation
requirements shall be deemed to preserve and protect wetlands and their functions, except for wetlands
that are part of a Watershed Management Plan preserve area. The County shall direct impacts away
from such wetlands.
The large connected wetland systems that exist at the landscape scale in Collier County shall be
protected through various Land Use Designations and Overlays that restrict higher intensity land uses
and require specific land development standards for the remaining allowable land uses. Collier County
shall direct incompatible land uses away from these large landscape scale wetland systems through
implementation of the following protection and conservation mechanisms:
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(2) Big Cypress Area of Critical State Concern (ACSC) Overlay
Best available data indicates that seventy-four percent (74%1 of the County's wetlands are within the
Big Cypress Area of Critical State Concern Overlay. The land development regulations contained in the
ACSC Overlay, as depicted on the Countywide Future Land Use Map, provide standards that facilitate
the goal of directing higher intensity land uses away from wetland systems. The development standards
FINAL Words underlined are added;words struck through are deleted. 5
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Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—Adoption Final 6/13/17
for the ACSC Overlay (Reference FLUE Land Use Designation Section V) specify that site alterations
shall be limited to ten percent (10%) of the total site, except as provided by Agreement pursuant to
Chapter 380.032(3), F.S. The majority of the land contained within the ACSC is also within the
Conservation Designation and thus is subject to the land use limitations of that Land Use Designation.
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Policy 6.2.5: [Revised text, page 29]
...of Policy 6.1.2 of this eElement... This pPolicy shall be implemented...
(1) ...of Policy 6.1.2 of this eElement...
a. The acreage requirements of Policy 6.1.2 of this eElement shall be met be y preserving... ...in
paragraph (2) of this pPolicy. ...This pPolicy is... ...by Policy 6.1.2 of this eElement. ...by
Policy 6.1.2 of this eElement.
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(3) ...of paragraph (6) of this pPolicy.
(4) ...within Policy 6.2.7 of this eElement.
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[Revised text, page 31]
(6)a.4. ...with paragraphs (6)a.1, (6)a.2, and (6)a.3 of this pPolicy ...with this pPolicy...
(6)a.5. ...the requirements of Policy 6.2.7 of this eElement.
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Policy 6.2.6 [Revised text, page 31]
...in Policy 6.2.5(5)d of this eElement...
Policy 6.2.7: [Revised text, page 32]
...This pPolicy shall be implemented as follows:
(2) ...pursuant to pPolicies supporting Objective 2.1 of this Element...
(3) ...pursuant to pPolicies supporting Objective 2.1 of this Element...
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Policy 6.2.9: [Revised text, page 33]
...the pPolicies supporting Objective 6.2.
OBJECTIVE 6.3: [Revised text, page 33]
The County shall p Protect and conserve submerged marine habitats.
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OBJECTIVE 6.4: [Revised text, page 33]
The County will p Protect, conserve and appropriately use ecological communities shared with or
tangential to State and Federal lands and other local governments.
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OBJECTIVE 6.5: [Revised text, page 33]
The County shall p Protect natural reservations from the impact of surrounding development. For the
purpose of this Objective and its related pPolicies:i natural reservations shall include only Natural
Resource Protection Areas(NRPAs)and designated Conservation Lands on the Future Land Use Map_;
and, development shall Such development includes all projects except for permitting and construction
FINAL Words underlined are added;words-struck through are deleted. 6
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Staff Proposed GMP Amendments CONSERVATION&COASTAL MANAGEMENT ELEMENT—Adoption Final 6/13/17
of single-family dwelling units situated on individual lots or parcels. This Objective and its Policies&hall
apply only to the Rural Fringe Mixed Use dDistrict [except as noted in Policy 6.5.3 below'.
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Policy 6.5.2: [Revised text, page 34]
The following criteria shall apply to development contiguous to natural reservations in order to reduce
negative impacts to the natural reservations:
(1) d. ...in Policy 6.1.1 and 6.1.2 of this eElement.
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(3) Within the Rural Fringe Mixed Use District, ...as specified in Section 4.2.2(b), of the Environmental
Resource Permit Applicant's Handbook Volume II for use within the Geographic Limits of the South
Florida Water Management District(2014), or its successor.
(4) Proposed development ...projects shall be designed in accordance with Sections 3.10, 10.2.2.4 of
the Environmental Resource Permit Applicant's Handbook Volume I, and Sections 3.11 and 3.12 of
the Environmental Resource Permit Applicant's Handbook Volume 11 for use within the Geographic
Limits of the South Florida Water Management District(2014), or its successor.
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GOAL 7:
TO PROTECT AND CONSERVE THE COUNTY'S FISHERIES AND WILDLIFE.
OBJECTIVE 7.1: [Reference text only, page 36]
Direct incompatible land uses away from listed animal species and their habitats...
Policy 7.1.1: [Revised text, page 36]
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(6) All other pPolicies supporting Objective 7.1 of this eElement.
Policy 7.1.2: [Revised text, page 37]
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(2) Wildlife habitat management plans for listed species and for those protected species identified
below shall be submitted for County approval. A plan shall be required for all projects where the
wildlife survey indicated indicates listed species or the protected species identified below are
utilizing the site, or the site contains potential habitat for listed species. These plans shall
describe how the project directs incompatible land uses away from listed species and their
habitats. Management plans for new preserves shall also outline a public awareness program
to educate residents about the on-site preserve and the need to maintain habitat within the
preserve for listed species and those protected species identified below.
(a) Management plans for new preserves shall incorporate proper techniques to protect listed
species, and those protected species identified below, and their habitat from the negative
impacts of proposed development. Developments shall be clustered to discourage impacts
to listed species habitats. Open space and vegetation preservation requirements shall be
used to establish buffer areas between wildlife habitat areas and areas dominated by human
activities. 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. Appropriate roadway crossings, underpasses, and signage shall be used
where roads must cross wildlife corridors.
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(2)(a)2. ...subject to the provisions of paragraph (3) of this pPolicy.
3. ...contained in Policy 6.1.1 and Policy 6.1.2 of this eElement. The County shall also
consider the recommendations of other agencies, subject to the provisions of paragraph
(3) of this pPolicy.
(b) For parcels containing gopher tortoises (Gopherus polyphemus), priority shall be given
habitat management plans are required and shall give priority 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.
(c) Habitat preservation plans for the Florida scrub jay (Aphelocoma coerulescens) are required
and shall -- e " e -- -- -- -- -- - ' - •' - ' -- -- . - •-- -- " - -
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. -- _ _ _ _ _ e- __ _ ___ _ _ _ ___ _ __ _ _
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, subject to the provisions of paragraph (3)of this policy.
(d) For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans are
required and 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, subject to the provisions of paragraph (3)of this policy.
(e) For the red-cockaded woodpecker (Picoides borealis), the required habitat protection plans
are required and shall outline measures to avoid adverse impacts to active clusters and to
minimize impacts to foraging habitat. Where adverse effects cannot 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, subject to the provisions of paragraph (3) of this policy.
(f) In areas where the Florida black bear (Ursus americanus floridanus) may be present, the
management plans are required and shall require that garbage be placed in bear-proof
containers, at one or more central locations bear-resistant containers where such containers
are available and accepted for use by Collier County, or containers stored in locations not
easily accessible to bears. The management plan shall also identify methods to inform local
residents of the concerns related to interaction between black bears and humans.
(g) For projects located in Priority I and Priority II Panther Habitat areas, the management plans
are required and shall discourage the destruction of undisturbed, native habitats that are
preferred by the Florida panther (Felis conco/or 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 Rural Fringe Mixed Use 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 also address the opportunity
to utilize prescribed burning to maintain fire-adapted preserved vegetative communities and
provide browse for white-tailed deer. These requirements shsistent with the UFWS
...
paragraph (3) of this policy.
(h) In order to protect loggerhead (Caretta caretta) and other listed sea turtles that nest along
Collier County beaches, projects within 300 feet of the MHW line shall limit outdoor lighting
FINAL Words underlined are added;words&truck through are deleted. 8
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to that necessary for security and safety. Floodlights and landscape or accent lighting shall
be prohibited. These requirements shall be consistent with the UFWS South Florida Multi
Species Recovery Plan, May 1999, subject to the provisions of Policy 7.1.2(3).
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Policy 7.2.2: [Revised text, page 40]
...of Policies 6.3.1, 6.3.2 and 6.3.3 of this eElement.
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OBJECTIVE 10.1: [Revised text, page 43]
Priorities for Give priority to water dependent shoreline land uses shall be given to water dependent
uses over water related shoreline land uses, and shall be based on type of water-dependent use,
adjacent land use, and surrounding marine and upland habitat considerations. ...
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Policy 10.1.6: [Revised text, page 44]
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OBJECTIVE 10.3: [Reference text only, page 45]
Maintain undeveloped coastal barriers, mapped as part of the Federal Coastal Barrier Resources
System, predominantly in their natural state and protect, maintain and enhance their natural function.
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Policy 10.3.15: [Revised text, page 46]
All new development proposed on undeveloped coastal barrier systems shall be reviewed through the
County's existing "Special Treatment" ("ST") zoning overlay district. Objective 10.3 and its
accompanying policies shall serve as criteria for such review.
Development on undeveloped coastal barrier islands within the Special Treatment" ("ST") zoning
overlay district shall be reviewed through criteria established in the land development regulations.
Applicable Policies under Goal 10 will be used in developing such criteria.
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Policy 10.4.3: [Revised text, page 47]
...Implementation of this pPolicy will be...
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OBJECTIVE 10.5: [Revised text, page 48]
For undeveloped shorelines, pProvide improved opportunities for recreational, educational, scientific,
and aesthetic enjoyment of coastal resources for undeveloped shorelines.- This shall be accomplished
by protecting beaches and dunes and by...
Policy 10.5.1:
Passive Rrecreation that is compatible with the natural functions of beaches and dunes is shall be
regarded as the highest and best land use.
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Policy 10.5.2:
The County shall pPrioritize acquisition efforts in order to meet the projected need for additional public
beaches.
Policy 10.5.3:
The County shall pProhibit activities which would result in man induced shoreline erosion beyond the
natural beach erosion cycle or that would deteriorate the beach dune system.
Policy 10.5.4:
The County shall not allow Prohibit construction of any structure seaward of the Coastal Construction
Setback Line. Exceptions may be allowed for passive recreational structures, access crossovers, and
where enforcement would not allow any reasonable economic utilization of such property. In the latter
event, a construction that shall minimizes interference with natural functions of such beaches and
dunes.
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Policy 10.5.6: [Revised text, page 49]
The County shall rRegulate activities so that they will not threaten the stability of the dunes or the beach
itself.
Policy 10.5.7:
The County shall pPursue the acquisition of undeveloped beaches and dunes as the first alternative to
development.
Policy 10.5.8:
The County shall pProhibit shoreline armoring processes and encourage non-structural methods for
stabilizing beaches and dunes.
Policy 10.5.9:
The County shall pProhibit construction seaward of the Coastal Construction Setback Line except as
follows:
a. Construction will be allowed for public access;
b. For protection and restoration of beach resources;
c. In cases of demonstrated land use related hardship or safety concerns as specified in The 1985
Florida Coastal Zone Protection Act, there shall be no shore armoring allowed except in cases
of public safety.
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Policy 10.5.12: [Revised text, page 49]
For all b Beach front land development related projects shall require dune stabilization and restoration
improvements, the removal of exotic vegetation, and replacement with native vegetation, as
appropriate.
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Policy 10.6.1: [Revised text, page 50]
...applicable ePolicies supporting Objectives 10.1, 10.2, 10.3, 10.4, and 10.5 above...
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[Revised text, page 50]
6. The requirements of this ePolicy...
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Policy 11.1.1: [Revised text, page 50]
Continue in effect r Regulations regarding development and other land alteration activities that shall
continue to ensure the conservation, sensitive re-use, preservation of significant historic and
archaeological resources, or appropriate mitigation in accordance with State standards.
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OBJECTIVE 12.1: [Revised text, page 51]
Maintain hurricane evacuation clearance times as required by state law. An evacuation clearance time
shall be is defined as having residents and visitors in an appropriate refuge away from storm surge prior
to the arrival of sustained Tropical Storm force winds, i.e., winds equal to or greater than 39 mph. To
further this eObjective, for future mobile home developments located outside of the storm surge zone,
such development aha-I4 is to include on-site sheltering or retro-fitting of an adjacent facility. The Collier
County Bureau of Emergency Services shah continues to seek opportunities to increase shelter facilities
and associated capacities under the direction of the Department of the Florida Division of Emergency
Management.
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Policy 12.1.4: [Revised text, page 52]
The County shall Vie-#o maintain hurricane shelter requirements and standards for all new mobile
home parks and mobile home subdivisions, or existing mobile home parks and mobile home
subdivisions in the process of expanding, which accommodate or contain twenty-six(26)units or more.
Such mobile home parks or mobile home subdivisions shall be required to provide emergency shelter
space on-site, or to provide funding to enhance one or more existing public shelters off-site. The
building which provides the on-site shelter space (if this option is chosen) will be of such a size as to
provide shelter to park or subdivision residents at the rate of twenty (20) square feet per person. For
the purposes of this pPolicy, the size of the on-site shelter structure shall be determined by estimating
the park or subdivision population during the June-November time frame, based upon methodologies
utilized by the Collier County Emergency Management Department Bureau of Emergency Services.
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Policy 12.1.8: [Revised text, page 53]
The Countys land development regulations shall include mitigation policies addressing flood plains,
beach and dune alteration and storm water management.
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Policy 12.1.14: [Revised text, page 53]
All new nursing homes and assisted living facilities that are licensed shall have a core area to shelter
residents and staff on site. The core area will be constructed to meet the Public Shelter Design Criteria
that is required for new public schools and public community colleges and universities ("State
Requirements for Educational Facilities," 2007 2014). Additionally, this area shall be capable of
ventilation or air conditioning provided by back-up generator for a period of no less than seventy-two
172) hours.
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OBJECTIVE 12.2: [Revised text, page 54]
Ensure that publicly funded buildings and publicly funded development activities are carried out in a
manner that demonstrates best practice to minimize the loss of life, property, and re-building cost from
the affects from hurricanes, flooding, natural and technological disaster events. Best practice efforts
may include, but are not limited to:
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Policy 12.3.1: [Revised text, page 55]
The Comprehensive Emergency Management Plan shall comply with the °Policies under this
°Objective, and shall contain step-by-step details for post disaster recovery.
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Policy 12.3.3: [Revised text, page 55]
The Recovery Task Force shall include the Sheriff, the Growth Management
Department Head, the Land Development Services Zoning Director,the Bureau of Emergency Services
Director and other members as directed by the Board of County Commissioners, such as
representatives from municipalities within the County that have received damage from a storm.
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OBJECTIVE 12.4: [Revised text, page 56]
Make every reasonable effort to meet the emergency preparedness requirements of Persons with
Special Needs such as the elderly, handicapped, the infirmed and those requiring transportation from a
threatened area.
In the event of a countywide emergency, such as a hurricane or other large-scale disaster, the County
Bureau of Emergency Services, in coordination with the County Health Department and other officials,
shall opens and operates one or more refuges for persons listed on the County's Special Needs Registry
and their caregivers. Medical and support equipment at such refuges will include, but are not
necescarily be limited to, respirators, oxygen tanks, first aid equipment, disaster cots and blankets, and
defibrillators.
PLEASE NOTE: Approval of amendments to this Element is intended to confer the Board's consent to
make similar and related changes in references or cross-references to Objectives, Policies and other
formal terms where re-formatting creates new or re-numbers Objectives, Policies and terms, wherever
they appear—within and between Elements—as appropriate to maximize internal consistency. Approval
is also intended to confer the Board's consent to make similar and related changes to un-adopted
portions of the document.
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FLORIDA DEPARTMENT Of STATE
r._
RICK SCOTT KEN DETZNER
Governor Secretary of State
June 20, 2017
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66,Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 17-20, which was filed in this office on June 20, 2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us