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Ordinance 2004-08
()RI)INANCE NO. 04- 0R AN ()1{I)1NA, NCI~] AMI~]Ni)IN(; OI{i)INANCE NI~\II;~I;;i{. 91-102, AS A~,ii~Ni)EI), TIlE ('()I;NI'Y I~ANi) I)I,;VEI.()i,~¥11,~N'i~ (;()1)1~;, ~VIli('il I,'()1{ TIlE I;NIN(OI{i,()i{A'i~i,;i) Ai{I,L.~ ()F ('()!.!.11,;1{ ('()I~N'I'Y, I,'IX)i{Ii)A, IIY I'I{()Vll)IN(; I;()1{: ~E(']'i()N ONi,;, I{ECi'i'ALS; SECTI()N '1~:O, I;INi)IN(;S OF i/A(,T; SECTION Tlii{EE, .~I)()PTi~)N ()1;' A~I i,]N I)~'! E NTS TO Til E I.AN I) I)EVE 1~()1'~1 (;()I)E, ~'1()i{!~; SPECil;'i(]AI.I.Y A~IENI)IN(; 'l'tig F()I.I~()~'IN(;: AI{TICi~I,; 2, ZONIN(;, DIVISION ~-;~; ZONIN(; i)iS'i'I{ICTS, i)i~;i{M iTTi,;i) ('()NI)iTIONAI. US~;S, I)IM S'IL.~Ni),.~I{I)~, INCI.I;I)IN(; I{I,;VISI()NS T() TII~ i{I~i{AI. ;~(;I{I('IJI.TI]I{AI. I)iSTI{I("I', Al)DIN(; TIll,; I{I;I{AI. I,'I{IN(;E ~.IIXI,~I) i~SI,; I)iSTi{I("I', IX('i.lri)IN(; i{EVISI()NS T() TIlE i)iSTI{i(,I', IN(~LUi)IN(; REVISIONS TO Tile I{i,;Sil)EN'riAI. SIN(;I,F-FAMII~Y i)ISTI{ICT, INCI. I]I)IN(; REVISIONS T() Tile RESIi)ENTIAL ~ i I ~i.Tii'I4,;-FA~! I I.Y-6 I)iSTI{ICT, INCI.I~I)IN(; I{EVISI()NS TO Tile RESil)I;;NTIAI. MUI/I'li, i.E- i,'.~il I..Y- 12 I)iSTI{ICT, INCLUi)iN(; REVISIONS T() Tile i{ESII)ENTIAI~ ~.'1 !~ LTl I'i.I,;-I;A ~! I I~Y- 16 I)ISTi{IC'i', INCIA DIN(. Ri~VISIONS TO Tile i{ESll)i;;NTIAi. TOUI{IST I)iSTI{ICT, INCLUi)iNG I{EVISIONS TO THE VII.i.A(;E RESIDENTIAl. I)iSTI{ICT, INCLI~I)ING REVISIONS TO Till;; ~IOlilI.E II()ME I)ISTRICT, INCLUI)IN(; I{IL~ ISIONS TO 'i'liE C()M~ll~i{CIAI~ PI{OFI~;SSIONAL ANI) GENERAL OFFICE i)iSTi{ICT, INCI.UDIN(; REVISIONS TO Tile C()~I~II~I{CIAI. C()NVENI I,;N('i~ I)ISTRI('T, INCLIII)IN(; lJEVISIONS TO Tile C()M~,ll;;I{('iAI. INTElJ~IEI)IATE i)iSTi{ICT, INCLUI)IN(; I{EVISIONS TO THE GENERAL COMMERCIAL i)ISTRICT, INCLUDING REVISIONS TO TttE IlEAVY COMMERCIAL DISTRICT, INCLUDING REVISIONS TO THI& INI)USTRIAL ZONING DISTRICT, INCL~I)ING REVISIONS TO Tile CONSERVATION DISTRICT, INCLUDING REVISIONS TO THE PUBLIC USE DISTRICT, INCLUDING REVISIONS TO THE COMMUNITY FACILITY DISTRICT, INCLUDING REVISIONS TO THE PLANNED UNIT DEVELOPMENT DISTRICT, INCLUDING REVISIONS TO THE RURAL LANDS STEWARDSHIP AREA OVERLAY DISTRICT, ADDING THE NATU~L ~SOURCE PROTECTION AREA OVERLAY DISTRICT, ADDINg THE NORTH BELLE ~EADE OVERLAY DISTRICT, DELETING THE INTERI~ DEVELOPMENT CONTROLS (~O~TORIUM) FOR THE VANDERBILT BEACH RESIDENTIAL TOURIST (RT) ZONING DISTRICT; DIVISION 2,3, OFF-STREET PARKING AND LOADINg, INCLUDING REVISIONS TO PASSENGER VEItlCLE PAl{KING IN CONJ UNCTION WITH RESll) ENTIA L STRUCTURES, INCLUDING REVISIONS TO OFF-' STREET LOADING REQUIREMENTS; DIVISION Page I o1' 174 Words s~ruck thro4ag, h are deleted, words underlined arc added 2.4, REVISIONS TO I~ANI)SCAPING AND i}IiI,TERIN(;; i)i¥1gl¢)N 2.5, Si(;N~, INCLUI)iN(; i~i,~%'i~i()NS T() Ri'~AI. I,~'i'ATI,'., ANI) i)O1,1?. (;R()I!NI) ,%I(;N IgEQIIIi~E~ii,]Ni~; I)I¥1SI()N 2.6 ~ I i J)i~l-i:. h/I'~N'I'A !, I)17,;'1'i,~ I( T i,~ I']¢; I J I~.,\TI ()NS, JN('i~III)IN(; I,~i,~VISI()N~ 'i'() EX('I~II~I()NS IIEI(;IlT I~IMIT$, INCI.IJl)IN(; ~1,~ R'~'I ('E,%, IN(il,III)IN(; I~E\'I~I()N~ T() il().VI'Ii()I i~l,~ I~EQI ~II(i,~MEN'I'~, IN('I.I/I)IN(; INCI~III)IN(; RI,]Vi$1()N~ TO COMMUNICATI()N ]'OX, VER$, IN(/LI_II)ING REVISI()N$ TO KITCIIENS IN i)~,VEIA.IN(; IINITS, ADI)IN(; TRANSFEIg ()F I) I']¥EIA)P~,i I,~NT Ri(;IIT$, AI)i)iN(; I)EN~I'I'Y i}I~i:.NI)I N(;; I)i¥131ON 2.7, ZONIN(; AI)M ! N I~'I'RATI ON AN I) PI~()C i~ I) IN(;I~iII)IN(; I,~EVI~I()NS T() I'i.AN Ni,~I) I)E\'EIA)I'iXiENT (PJil)) I'I~O(;i,]I)UI{E$, IN(?I.I!I)iN(; RE¥1Si()NS T() C()NI)I'I'i()NAI~ I'RO(;F.i)I~Ii~ES; ARTICLE 3, I)EYEIA)PMENT i~EQUII~I~MENTS, i)1¥131ON 3.2, SUiII)i¥ISION$, INCI~IJi)IN(; RI?.VISIONS TO APiqACAIJilATY, ~ U BI)i¥1,SION RE¥1EW PROCEDI IRE~, I'REI.I[X,i INAig¥ SIIi}I)i¥1SION iq.AT, IMI'IJOVEMENT PLANS, AND FINAL $UiJl)IVISION I'I~AT RE(;III.ATION$; I)I¥1SION 3.3, ~ITE I)EVEIA)PMI?.NT PI.ANS, INCI~UI)IN(; TO EXEMPTIONS, INCLUI)ING i,~EVi$1()N$ T() SITE I)EVELOPMENT PLAN REVIEW (SI)P) iq~t()CEI)Ui~ES; DIVISION 3.5 EXCAVATION, INCI,Ul)lN(; REVISIONS TO LITTORAL SitELF PLANTING AREA AND EXCAVATION REVIEW PROCEI)UI~ES; DIVISION 3.8, INCLUDING RE¥1SIONS TO ENVIRONMENTAL IMPACT STATEMENTS; DIVISION 3.9, INCLUi)iNG REVISIONS TO VI,~G Eri'ATI()N REMOVAl, I'IgOTECTION AND I'I~I'~,SEI{VATI()N; I)lVISl()N 3.11, INCLUI)iNG REVISIONS TO ENDANGElgEI), THREATENEl) OR LISTED Si'ECIES PI{OTECTION; DIVISION 3.12 COASTAL ZONE MANAGEMENT, INCLUI)ING REVISIONS TO I)EVELOPMENT STANDARi)S AND REGULATIONS; DIVISION 3.15, INCLUDING REVISIONS TO ADEQUATE PUBLIC FACILITIES; AND ARTICLE 6, DEFINITIONS, DIVISION 6.2 ABBREVIATIONS; DIVISION 6.3, INCLUDING REVISIONS TO DEFINITIONS; APPENDIX l), AIRPORT ZONING; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATE. 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), which has been subsequently amended; and Page 2 of 174 Words siFt:ok thvot~h arc deleted, words ~gdct_'!_i!!~t_l arc added \VIIIiRI~AS, tltc 1.I)£' may m)l bc amcnclcd more than lxxo times CLIIclidLII' ~ till' unless additional amundmcnt cycles arc al)proved by thc Collier C'Otli/l~ l~om'd oJ'('Ollilly ('OII1111issiOIIuI'S ptlFStitlllt tO SuclioB I. Ig. J., I.I)C; alld ~'111~RI'~AS. this is lilt third anlcndlncnt to lhc l.I)C'. ()rdinancc 91-102. Ibr thc Cillclld~ll' ?CLIF -()()3: ~llld %VI II~RI~:XS. on March 18, 1997, thc Board oJ'COtllily Commissioners adopted I~csoJulion gT-177 establishing local requirumunls and procedures ibr k~'l liar I!AS, LIII requirements of Resolution 97-177 have been Inet; i/lid qVI II~R Ii?KS. lJlc l~oard of (~otmnty ('ommissioncrs, in a IllLIllllOF prescribed by laxx. did hold advertised public hearings on l)eccmbcr 10, o -{)().~, ,Immarv 7, ]()(M. ,lantim-x 29. 2004. February I 1,2004, and did lake action concerning these amendments it) thc I.I)C: and WI II'¢RI.~AS. thc subject mncnchncnls to thc I.I)C are hereby dctcrminccl by this l~om'd to bc consistent with and to implement the Collier County Groxvtla ManagCmCl~t Plan as rCcluircd b5 Subsections 163.3194 (1) and 163.3202 (1 Florida Statutes; and WI II(RI(AN, all applicable substantive and procedural rcquircnlcnls thc law have been inet. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITAI,S The lbrcgoing recitals are true and correct and incorporated by rcl~rcncc herein as if l~dly set lbrth. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, hereby makes the following findings of hct: 1. Collier County, pursuant to Sec. 163.3161, G seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (hereinafter the "Act"), is required to prepare and adopt a Comprehensive Plan. 2. A~er adoption of the Comprehensive Plan, the Act and in pa~icular Sec. 163-3202(1). Fla. Stat., m~dates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Sec. 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations Page 3 of 174 Words struc 'lethrowgh are deleled, words underlined arc added for the total unincorporated area shall be based on; be related to, and be a means of implementation l~r, thc ach>prod Comt~rchcnsivc Plan as required by the ,Act. -4. Sec. 103.31~)4( I )(b). Fla. Stat.. rct. lttircs thai all land development rcgulz~lio~ existing at thc time of adoption xx hich arc llOI c}msistcnt xxilh lhc 'omprchcnsix c lq;tn, or clement or portion thcrcol] sh;~ll bc an~c~ldcd so 5. Sec. 163.3202{3). Fla. Stat., states that thc A. ct shall bc construed tt) the usc of innovative laf~d devekq-mlent regulations. ,lanuarv 1(), 1989, Collier County adopted the Collier ('otmlx Plan (hcrcinalicr thc "Growth Management l)lan'' or "(iNII)'') 7. Sec. 163.3194(1)(a}. I:la. Stat., mmadatcs that after a Coml, rchcnsixc Plan. or clement ~t' portion tlicrcof, has been adopted iii conlkn'mily with thc Act, all clcxchqm~cnt undertaken by, and all actions taken in rcgm'd t~)dcxclopn~cnt ('Omln'chcnsix c Pluiq or clement or portion thcrct)f shall be consistent with such Comlgrchcl~sivc Plan or clement or portion thereof. 8. F'ursttant to Sec. 163.3194(3)(a), Fla. Stat.. a development order or land dexelopmcnt regulation shall be consistent with thc Comprehensive Plan if thc land uses, densities or intensities, in thc Comprehensive l)lan and if it meets all other criteria enumerated by thc local govcrnincnt. 9. Section 163.3194(3)(b). Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the Comprehensive Plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of' development are compatible with, and further thc objectives, policies, land uses, densities or intensities in the Conlprehensivc Plan and it' it meets all other criteria cnun~eratcd by the local govcmn~tcnt. 10. On October 30, 1991, Collier County adopted the Collier County I~and Development Code, which bccame eflbctivc on November 13, lC)91 and may be amended tx~ice annually. 11. Collier County finds fi'tat the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; encourage the most appropriate use of land, water and resources, consistent with the public interest; overcome present handicaps; and deal effectively with future problems that may result from thc use and development of land witMn the total unincorporated are of Collier County and it is intended that this Land Development Code preserve, promote, protect, and improve the public health, safety, comfort, good order, appearance, convenience, and general welfare of Collier County; prevent the overcrowding of land and avoid the undue concentration of population; facilitate the adequate and efficient provision of transportation, water, sewerage schools, parks, recreational facilities, housing, and other requirements and services, conserve, develop, utilize, and protect natural resources within the jurisdiction of Collier County; and protect human, environmental, social, and economic resources; and maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the Page 4 of 174 Words stmek-flm~tvgh are deleted, words undcr!incd ;,'c added provisions of thc Collier County Con~prehcnsivc Plan. Chapter 125. Fla. Stat.. and SE('TI()N 'i'lii,~EI.;: AI)()I)'I'i()N ()F AMENI)Mi,~NTS T()Till,; I.,ANI) I) I'),'E iA)i)h i i,~ N'I ( '()I)E SUI~SECTION 3.A. AMF. Ni)MENTS T() I)iVISION 2.2. Z()NIN(; DISTRICTS, PI~;I,IIMITTEi) liSES, (;()NI)ITI()NAL IISES, I)ilMi?~NSI()NAI~ STANI)AI~,I)S I)ivision 2.2. Zoning I)istricts, I'crmittcd t Iscs, £'onditional t Iscs, I)imcnsitmal Standards. oI'()rdinancc 91-102. as amended, the (~ollicr Counl.¥ l~and l)cvelopmcnt ('oclc, is hereby amcnctcd to read as ftdloxxs: I)IVISION 2.2. Z()NIN(; I)iSTRI(;TS, iqv. RMITTI,;I) USES, CONI)iTIONAI~ I~SES, I)IMENSI()NAI~ STANI)ARI)S 2.2.2.2.1. /),/rllHIlud lt.~,'c'.v. t. Single-thrall.', d~x citing. 10. Schools, public, including. "l';dt,cational Plants." 2.2.2.3. ('om/itiomd uses. The I'ollowing uses are permitted as conditional uses in thc rural agricultural district (A), stlbjccl 1o thc standards and procedures cstablishcd in division ,.7.4.. 1. I!xtraclion or carthmining, and rclalcd processing and production m~t inciclcnlal lo Iht agricultur;.d development of thc properly. 28. Ancillary_ Plants. 2.2.2.4.3. Minimum yard requirements. 1. Front yard. 50 feet. 5. Yard Requirements for public schools a. For principal structures: 50 feet from all property lines. Page 5 of 174 Words struck through are deleted, words underlined are added b. I:or accessory slruclurcs: 25 Fwet from all prc_j~p2gA'~lj!~es~ 2 2.25.. Il l l bl,;X i, I:I~IlN(;i.: MIXEI)-It.SE I)IN'I'I,II("I' (RI;[MIl I)1,%'1'1~1("1') 2.2.2V.,.I PlJi{POSli: AND SC()i)IC 'lhe pu_!D)ose and intent of thc RI:MIJ l)istricl is II'allsitiol~ bclx~eCll thc lb'ball aiR] J:~slales [)csi~Hatcd lands and belx~cen dc~d~iJalcd ~ll'C~l~. 'dpp'O~' L I~' }~ dc'Ils tX and inlcnsilv o'de~cJop nc lt. JJle R 'M ) alltms ........................................................... lbr a mixture oft ,'ban and rural loves of se'v cc. inch,ding limited and sexxcr, schools, recreational lk~cilitics, commercial uses and essential services nccessarx to serx'¢ the residenls of the RFMI] District. Thc innoxalix, c phmninu and dexclbpmcnl parJx-JiJxc UJ3pCtll'tillCg I~'olll thc I1 go' pllbJic JuJlt~t)J2xvab ~ t lid ltl J)l'oJecl DI'JX'IIC :\. Ii:':, I'&l~;I I,%IIMI'i~'I ()1" RI:MIl ZONING ()VI!P,I,AY I)IS'IP, I(_'/'. Ill order to P,I'Mtl I)istrict. to be des ,.2, 1;. let :. s 'q),FMt IO" o ~ tip..' Ofl]cial Zo ~ing At as is hereby arcdcpictcdbx hcb train,, n ¥ RURAL FRINGE AREAS GOLDEN GATE :!', ' IMMOKALEE RD RANDALL BLVD BOULEVARD N Page 6 of 174 Words struck through are deleted, words underlined are added B. liXI~MI~'I'ONS. Thc requirements of Section 2.2.2!;', shall not appl',_Zt~o 'Af_Fc~ct [}~_E~U~nuB[}t,,~ ~sjstinu t35~5: ~}~g_k[5~5..SJ~ll~U~tidc tlmsc uses fiw which all t~uit'cd t)g[}~U[s ~x cl'c ISXtlcd prioF lo .ItlllC lO ~0()* 'l Id D 'oiects fin' w~ c ~ '~ Co ,,t, ,, ,.,, ........ ~ ....... L~ ..... s ............................ n ........ :~_.__=: _ _~___ ] I ll~ lb Ol . . - ............................ ' ..... , ~ .m: . . . I I il_lilt II .u'XlMIIlU_ llnc~ nlla{{ il]~[idc ex_ [~ Is.._ ) _=s ..... o 'lhosc:_ uses. .' if stlcli ............. cxpmmio is arc consislcnl xxilh clcall> atx'ilhu? Io thc existing uncs. I !qrc~ll'ler, suchl~}'s, xiousl> 4plU~,~d dcxclopmcms shall bc deemed t,, b~ c,~Ns¢',,~ >~ _l~ mc l'hm'_> (i~a}~. 09jcc~}x c> S34 1',. ic cs ami lb,' thc Iii l)islricl, iiild lhcx 111[lX })C built Oill in ;lCCol'd~lIICC s~ 1 I I{IC ' DI'CX iotlSlX ~IDDI'OXcd 3 ' ('h:ll/,,~s lo thcsc p -ex ocs ~ D/] 'ox ' s sh'ilI ll~o bc dcclllC . ) -' . ' - --~ ................. -. _ .... s_=_~ u__~ ............... Sl~t nslMclll XX llh Ibc Plan's C. ORDINANCE StJPERCt'~DED. Ordinance Number 98-17 is hereby e_sx~e_25!.y supcrccdcd .,\ns dcvclopncnlinthcarca t'~}rmerlvsubjcclloibalo.dinai}ccsmllhcnccb.l 2.2.2V~.2 RFMU RECI~IVIN(; LANDS. P,t:MIJ Rcceivina I.ands arc those lands within thc I~l.'*lll l)islrict that haxc bccn dcm;fled as being most i~pr{~q~rialc lbr dcvclop ncnt and m ~vilich rcsidcmial development unils max bc ti'ansl~,r'cd l]'oin RI:Mil Send;nc l.ands Based on thc listed ~pccic~ habilal xalltlc Ih'ill RI:M// Scndin,, I ands and ,,eno,'',u-' i, .- , .... . ..... ...................... ~ ............. :z ...... ~.-:"--'-~-- ~ __~' ei!~ p. aV~ ~gffp !Ustt~}'De~ dc~c]tq)mclll or DrckiOtlS O1' CXiMill,, 'l,''Ct 'Il O')e""'i'P'" x,.,,.; ...... : ....... :. , ......................... = u= ............ l-~ ...... u2:~'_m!,m!~.mcxi!!l~U5 i}}'c I]IJIXIIIII/IIIE [tilIIVc VC~C[iI[IOI] init labilal pl'CSCl'xalio 1 and Fcslo ~ Hon. StlCIi I{lccn[ivcs 1chide bt t ................................................... a_i~u__ 3_m__} ..... arc not limilcd to: thc TDR p'occss ch sic'ed dove opnlenl' density bonus inccn '-' T ~ ................................................... ~ ...................... pFo~sions Ik)r ccnlral scx~cr and ~ tier. Within RFMtl Rotc;vinci.am s=lhc Ibllowing standards ........................................................................................... 51![1!1 ~12p15: cxcc~t aABolcd_j!{ L2ar4graEh 2.2.2[ 3.1 abov% or as more s~c ]caJlv provic cd A. ()[JTSIDE RURAl, VII.I.AGES I. NBMO t:;xemption. Except as specifica/~provided herein NBMO Rcceivin,,z l.ands arc onJx subject_ tc_2_~ !b_c~provisions of Scclion 2.2.31. 2. Maximtnn l)ensiiv. a. Base Density. The base residential density alloxvable within P, FMLJ P, ecciving Lands, exclusive oF tile applicable Density Blending provisions set Forth in Section 2.6.40, is one (I) unit per five (5)_gross acres (0.2 dwelling units pet' acre) or, for those legal nonconfonninglots or parcels in existence as of June 22, 1999,_one (I) unit per b. Additional l)ensity (!) TDRS. Outside of Rural Villages, the maximunl density achiewd>le itl RFMU Rcccivilm l,ands tbrougl! the TDR process is onc ~l) c~3'_~}}~!~g !!~!}~ per acl'C. (a) Clustering Required. Where the transfer ofdevelol)ment rights is empk)¥ed to increase residential density within RFMU Receiving I.and~s, such residential development shall be clustered itl accordance with ibllowing provisions: 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 vegetation; connectivit¥ to adjacent natural reservations or preservation areas on adjacent developments; and, creation, maintenance or enhancerr~ent of wildlife corridors. (b) Mini,'num Project Size. The minimurn project size required in order to receive transferred dwelling units is 40 contiguous acres. Page 7 of 174 Words sVr-t.,ck throt'.gh are deleted, words underlined are added £c_~L._EID_c[g_q~' Preparedness. In order It)reduce thc likelihood of lhrcal PA J~l~¢~l~ pr(~pertv from a tropical storm or hm'ricanc event any dcvch)~ncnl ap~rox cd undo' thc ~'ovis o ~s ol'lhis SCCliOn sh; 11 dCIllOllSh'/llC lJ/~ l L t Cql L lc ClllCI'ECI1CX ~I'CpLIrCdlICSS ~lltd dJsasur i. I)csi,.z, ningconnunilx 'aciliius, schools orot~c-lmbic cxcnt. XVhilc lilt nccd lO ulili/c such shellers will bc determined on a case-bx-case bas~ areas xvhJcJ~ are suscc~iblc lo inundation durinu such slorm ex, ems arc identified on the Sea~ I.ake, and ii. EvahlalJn~ npacls on evacuation routes }fall,~. and x~,olk l~ x, ''" - r ' ' . ti/ LIIC k'oJJicr Cot n[v JTnlCl' kJk~>.?}?J~.~]~[jJ]]]c~}lC~ Pl'cparcdlleSS Pi;Ill ~o illcJtldc ]~l't)xJsioils l~)r sit)rill shelter space, a t)]all lbr cnlet*,,cq~x ~yUcjj21tiJm_ L~?} oilier iii. \Vorl,:ing w t t thc l:h)r da 1) visio i o ' :orcst-v, £'t Ilicr ~]ptln}Y_~u?r~!cl]~Sk_~!U~!Dcnt slafl~ and the IlltlllO~ers t)l' allX and propcrtx ii'om wildfires. This plan shall address~ al a minimum: p[pJeq structural dcsim~k file use t f materials and ocatJon o' MrtlCltlrc5 so ;Is to reduce w Idl]'e tn'eat lirci~'e; 4s and bul'lkrs' ...................................................... water tbalm'es:and=lhc ralionale b-t2*cscribed bur{ingon a~acent (.~) _/\~ddilional l)ensit~2)nce !he_~!nAaxirnurn density_ is achieved lhrt)u,.zl'~ tile use of TI)Rs, additional densi~, n~ax_~ be achieved as lbllows: density bonus of 0.1 unit per acre shall be allowed for tile 3-2. ~_1:5.: 6- (bi A density bonus of 0.1 units per acre shall be alloxved lbr projects that incorporate those addilional wetlands mitigation measures set lk~rth in Section a..._ .a.t~._. 3. Allowable Uses a. Uses Permitted as.of Right. The lbllowing uses are permitted as of righ_l: ol~' as uses accessory to permitted uses: ( I ) Agricultural activities, including, but not limited to: Crop raising; horticulttn'e; fruit and ntll productionklbrestry; groves; numerics; ranch~!g; bcckeglzin~g2 poul_t_r_L~d egg production; m ilk p,'oduction; livestock raising, and aquaculture lbr native species subject to the Static of Florida (]amc 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. (bi 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 2.2.2½.2.B below. (5) Dormitories, duplexes and other types of staff' housing,~5 ,na_~y_ be incidental _tO, and in support ol; conservation tlses. Page 8 o1'174 Words struck through are deleted, words underlined ;ire added l:amilv C~re I"ac lies: I tJnil p2s3' s acl'cs and st]bj~_c_LL~Z ~,crx icc thcilities and cSSel'dial SCl'V cos. (A!)- ~in~!~ l~.!n_!_il!_ d_ul2 c~_!3q2_1_c _!o_qc: I ] sh~ s'!li!.!g !!qils p_er ~_.c '? Il?) Mullll;l!]!!l~ dgm'!u!loty -:~ S.wu_ hl.g!!pjlS'l~gS!~, pc!' LIO) lhosc l!ssemitl sc'vices idcH lcd as permttcd uses ill Section 2 0 0 I ,.\ 'and in accordance v, th t ~c p'o', s o~s com. tilions and limilalions Provisions set Forth in hc Density Rail m S.ystem (fi'thcFl.liE: one I)rovisions. includin~ frccstanding~oll'courscs: tt~c minimum dcnsilx shallbconc~l dxxc ~,, unit ncrllvc/9~,),. ...... ,,,,- ......... t ollC oddiliollaJ d~cJlin,, unit )er I1 ," - ............. rOllgJ . }'wHvs, El'CellS alld akcs bill cxchldilla ;lily HI'Ca dc( ct ICL as conservation, which is notvirriaalcd and retained in a nalurul static. Thc addilional required c c Isitv b' st c I aoJl'collrSC dcvclgpmcnt shall be achieved by acq!!~m~ [_F)_I~ lii!!l!~!!cJ!n_g (b) Golf courses shall be destroyed, constructed, and manaue~d.._A accordance with Audubon International's Gold Sit, nature Prog!'am. The p_r_ojecl shall demonstrate that the Principles lbr Resotlrcc Manat.[cmcnl r_e~_ujred _b} the Gold Signature Pro.~ram (Site Specific Asscssmcnl. l-3lldSci!E~= Water Conserwtlion= Waste Mimaucment. liner,z5 Conservation & Renewable Energy Sources, Transport~Atk~n, Gt'eenstla~Cc_' and Corridors, Agricul_t_t,re, _and Building Dcsign_} incorporated into the mflFcourse's design and o~perational 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 surl-hce water quality from fertilizer and pesticide usage, golf courses shall demonstrate the following management practices: The use of slow release nitrogen sources; ii. The use of soil and plant tissue analysis to adjust timing and amount of fertilization applications; iii. The use of an integrated pest management program using both biological and chemical agents to qontrol various pests; iv. The coordination of pesticide applications with the timing and application of irrigation water; and v. The use of the procedure contained in IFAS Circular 101L Managing Pe.vlicide.v /hr Go~/' Co.rse g.lainlenance and H'rilcr Page 9 ot'174 Words st:'uck through are deleted, words tu~_d~.rJj!lg_d a,'e added [',,.') 'lo 'JIISllt't: xvatcr ct~lscrv;.itit~l Eolf cot rscs shall lcorpol'~ltL, I't~Jloxy i!!g j!! It)u2h' tJS.~sigl! :!Il_,_! o1!?!'~ titan: ii. Golf Cotlrscs shall t /~. t'¢~ ct cflucnt z'cusc xxalCr consistent wilh Sanitary %cxvcr S~b-l, cnc~ ()l~cctivc 1.4 ami ils policies to lhc extent ll~t ~ sul'l]cicnt amtnlnt of such walcr Js availahlc and thc pipi]m or olhe~ conveyance ncccss ux lb ' .............................................. '' '.'.'; ' r dcJlxcrx of such WalCF exists at a local o ~ abutlin~l ~e ~l 'course ~'opcrt~ 12S?~!!](J3r~L.ojLy_sit~i~_~(~!~et t21'~Hcl~ ~2ot~cJ~y3Z_0t!~ ~3~cc~2~JS'_ x~jq s~l>~U!g rights of way or easements; iii ....... N_!403L'23?lants shall be used exclusively excepL]~)j' bp_cc2iL~! pt rp?se ureas such as ~o ' gFCelIS. I'aii'v~ax, s. and buiklin,, sites. J~5~t 75q~. s~f !hs~ ~r~s'5 ~U3~[ ~? ~. ~' !hg sJ![tjI2~_12c ~']'cc~g-tolcFa~L ~ ye l'lorit ' ~ species At lc st 75°. o'thc 'crt 'cd . .... " .................... ~ ........ l ..... IlilIJvc l }'gc'S (.(L _~B2rnm'ater Illilllil._~9_l_ll_~211l ponds shall bc desi,.zncd__tL) f_tL!!_cti~.p_l_'_.~Ltt£~! _sx55st~u~;_ L~_z cst_Lq~lis_hj_n_g ~horclitlc~ J!l _c2P [~g_qL'a_[js!~J i~J Er_4 c t~' t t_j pro vi d c in crc a sod l eh,=2!! &~ ~3_d &l jv__e r s~iil,,._5 ~2 !}.LILt !it_t_oJ'~3[' z_oj~. A__l-_itt(_2!'9_k.sl_2gl_I_'_~ li_2___be csLab_Jlis~l!~st_. al'C.:t for water dgpcndcnt avian species. Thc combined Icmzth o1' xcrlica] and ril2-rapped \sails shall be limited It) ,_ ~ of tile shoreline. Credits to thc site t2rcscrvation area rc~txi 'c nc ils. on an acre- to- acre basis, s mil 12c_gi',:~_~!__f2t2__li_tt~2rt3L~s_'tj_eb_"c~s__tha_t__cxcge3! _tJ!eDe~ I_itto_~ri!l~s_l_L,::_'!f (g) Sits preservation and native vegetation retention requiremeuts shall be those set lbrth in Section 3.9.4 el'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 subrnilted arumallx..~__b3Llh~e_C_Col_ligL_Cot~ju2tx__~c~l!(2o~l [~_9_LU'S! to tile l~oard of County. Commissioners. tiN. The Sile must toni_piZ with the State P, eqtjiremc2!!t2_lS?_!7.!-2jt_LciDt_it2!!ij! I:~tc_i!i!_i. Sts_L~CJol2tXd_ b3L!hc St~tLc l~lo~!'_d__21_' l_"4!_qg&tjg_!L Thc site shall be subjec! to all applicable State or I:cdcral re_9.gu la!ion s. (13) Oil and gas exploration, subject to state drilling permits and Collier County non-environmental site development plan review procedures. Directional-drilling 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 o1' a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big, Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier Coun _ty, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C~30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assnre compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses accordine, to the standards established in Rule 62- 30.005(2)(a)(1 ) th,-ou~h (I 2), F.A.C. b. Accessory Uses. Page 10ell74 Words struck through are deleted, words tj!~cJe~'_lj!lX_t! arc added .*~c[chSO!'y ! IS~5 al!_t_l .s_[!'tl'~[_t!r,,_}~ Il!i!! ;.!!'c i!ccStss_~¥y illl[! il!,¢'_idcnlc o c. _ Cunditional Uses. The lbllowim4 uses are p~rjui~ssib[cz iJ-Z_c32~AtJj[i(&!~3! u_ss_c~ ,,!!bjec! !o !l!c ~!_~!!~d~t'~'; L~!~d. pro_~c4t_!L'~__c~!~[21_jsl~_4j!~ section 2.7.4 LI.) ()il and 2as ied dcvclot2mcnt ~ ~d p_rodL,ction. 51ti )joel O SImile field t c~ c o ~ ~[nl plan ~cv cx~ ~ 't ccdtl[cs ) fcc ) u -( 'illin lltllixc habilals, xx here dclcl'nlillcd to bc praclicable. This rcqtlirclllCllt shall bc deemed satisfict tmon isstl icc ol' a si'lie ')crmil in col ~ ' . whether thc aclivilx occurs xv ti in the Btu Cypress Watcrshcd~ as dcl]ncd in Rule 62('-311~]01(~.)` F:/~C._.,~II applic~ ~9 ('91i9_' ('O.n5 .......... - _._ ~ evidence o1' Iht issmmcc o1' all a~pliclb c lbderal and/or state oi aid sas penni proposed oil and uas act v t cs in Co er County. so Jon~ as thc state l)C ' nils ~]]l)lx with the rcquirenlcnls ol' Chiptcr 62C-25 lhrot~g[! For those areas ol' Collier County outside the boundarL~!' tJ~ IDig_C~3,ipress kff~JtX[2[!c~= ll~ ~li~t2!!! s13~311 bi. tZc~ponsib e fi)r conveninu the compliance with Chapter 62C-25 througl! 62C-30. F.A.C~ even if outside thc delined Big_~Spress Watershed. All oil and ~. access ?ads conslrucled and protected fi*om unauthorized uses accordina lo Ibc standards established in P, ulc 62-30.005~)~2 throughh.(12), F.A.._C: ~ ..... (h'~Yt2 care facilities and other care l'a!!!.}}~' till'S; [2!cili!i~.$_'~[!l~j_c~[ P2 a n!asil!!!!p_~ (3) Zoos, aquariums, and botanical gardens, and similar uses Facilities for the collection, transfer, processing, and reduction of solid waste. (5) Community facilities, such as,.places of worship, cl_~iLddcarefi~cilities, cemeteries, and social and lYaternal oraanizations. (6) Travel trailer recreation vehicle parks, subject to the followin:,~ crilcria: .(Al 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 C. (8) In RFMU Receiving Lands other than those within the NBMO, asphalt and concrete batch-making plants. (9) In RFMU Receiving Lands other than those within the NBMO, earth mining and extraction. 4. Design Standards Development Not Utilizing Clustering: (2) Minimum lot area: 5 Acres. Minimum lot width: 165 Feet Minimum yard requirements: Page I I of 17,1 Words smlck tim)ugh are deleted, words _t!n_d__eEli~c2tJ arc added {.t.!) ~up_conl'~2rl]~ii!g 9__5 __ ~.>~_5!q!Lc? II. Side 5 ~ 'd: I() per'CUll ('hlMcrcd I )ex s'lol~mc~l: i. Minimum lot area: One Acre. ii. Maximum lot area: None. (2) Minimum yard requirements (a) single-Jhmily. Each single-hmily lot or parcel minimum )'arq requirement shall be established wilhin au comply with thc lbllowing standards: i. F'ront: 20 Ibet (Note I:ront Yard Set back may be reduced to l0 lbet where park~2g Ik~[.lhe unit is accessed via a rear aJJv. ii. Side: 6 Iget iii. Rear: 15 Feet iv. Accessory: Per Section 2.6.2. (b) multi-l~mily. For each multi-family lot or parcel minimum yard shall be established within an approved PUD, or shall comply with the following standards: i. Setback from A,erial or Collector roadway(s): no multk family dwelling may be located closer than 200 feet to aroadway classified or defined as an arterial r~dway or 100 feet from any roadway classified or defined as a collector roadway. ii. Front: 30 feet. iii. Rear: 30 feet. iv. Side yard/separation between any multMhmilv Buildings: One-half of the building height or 15 feet, whichever is greater. v. Accessory: Per Section 2.6.2. (3) Iteight limitations Page 12 of 174 Words slm~hem~h are deleted, words tj~!~grl~p~ arc added cL [3[BJscBpj~g~ z~ l¢~.SlUircd in Division 2.4. of Ibis Code. ~...~Bs. As_z~uircd in Division 2.5. oFlhis Cc)dc. 5. Natixe Vcectation Rclenlion. As required in Sectiou 3.9.4.3. of this Code. Projects of-lO or more acres in size shall provide a minimum of 70,,, usable t_)p~ space. b. Usable Open Space inchides active or passive recreation areas such as_parks. playg_rounds, golf cern'scs, waterways, lakes, nature trails, and other similar ot2g!~ _spaces. Usable Open Space shall also include areas set aside for conservation or preservation of native ve,2etation and landscape areas. c. Open water beyond the perimeter of the site, street right-of-way, except where dedicated or donated tbr public uses,_drivew_ays, of_fstre,4t_ Pl~l_~iP~_k' a!!d !~ding aEgas_'.~DB~//_no_t_.}2g__c~u n[~d_ toward s_' _m(_l!! ircd 1 lsab !~ _O._t20 n._~t2acg: B. RtJRAI. VII.I.AGI';S. Rural Villm4es=_includi~g Rt, ral Vil.~ggs_wi!hi~ _t!}g NBMO. may bc approved within the boundaries of RI:MU Receiving l.ands, subjccl to thc t'ollowitm: 1. Allowable Uses: a. All permitted uses identified in Section 2.2.2½.2.A.3.a., when specifically identified in, and approved as part of, a Rural Village PUD. b. Conditional uses I through 5, and 7 identified in Section 2.2.2½.2.A.3.c., when specifically identified in, and approved as part ora 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 technology _hark planned unit development district guidelines and development standards, and fimher subject to the following: (1) Research and Technology Parks shall be permitted to include up to 20% of the total acreat~e for non-target industry uses of the typ_~jdeB!j_fi_c2_d~h~ paragraph (3) below; and, up to 20% of the total acreag~f__o[ wo_r_kfpr_cg Page 13ofl74 Words struck t!~rough are deleted, words underlined are added In!using, ~×~CCl)! qS p!;pvidcd in l~m'agrap!l (.'7.) bclmv. AL a .n 1 llLlll!, 60qO of Iht tolal Daik acrca,,u mum bc dcvolud io tm-uul indLlSlrv t scs idcnlil~cd in u'~c ~l~4~ll hc dclcrmh~cd at thc lime {~l' I(m V auc Iqll) rc/onhm. dcxcJop~ lc]~ dillll Hlld lJ~)l'lllitlJoll Droccss i ,' c i C'ClllOI llld glib O support 'dot,villus prolUssional services lilt are export based such laboraiorx ~sgarcl! or_i~E[~B~Slct~sjl~csLj~g[g manulhctt.'i~!g_j~Ll~X lal'~Cl scC[Ol'5 of aviation'ac 'ospacc illld /caIlh ant illl~)l'ltlaI L:}J .... ~_~!!!.-tLir_ga~[ iL~d__t!s[r3.2 t,~s_es_l]lax~ include hotels al a density co ~sislcm UIJ )c I,~urul Villa, c Pill) sha ._ ~'~-- ¢ Il illClllUe SiiIIKi IdS ) ..................................... ~___~ ............ -._ .... ~ . Ik I IIIC slHlldall'd5 shall bo adopted lbl' pcdcslm'ian and vcJlictllilr JlllCrCOZlllCCllollS, bul'tl'ring, landscaping: open space,stagnate, I~)ling, scrccnimm ol OllldoOl ]'he Research and Technology Park nmst be LK_!jijcenL. t{~=iy~! 14~&v_c direct access vi;~ an cx~slm, g or dcv¢lL)p2gr~g_OL~!ructe4jo~c~j__[L)a_d_ tt_! a~! arterial or collector roadwuv. The poniou of the local roadway imended Io pz'ox Mc access to the Research and 'l'cchnoloasL_P_i2Fk__sA~jLI L~2L bx_ ~ j~12jn .~ residential nciahborhood and docs not service a prcdomninalch' residential ill'Ca. (6) 1'he Research and Technology Park shall be compatible with sarrounding land uses. Accordingh,, it shall be separated from any rcsidential!~ ×oned or desianated land wiflfiu lhe Rural Villmzx.b~v_3 !!~n)l!um '['~pc "C" landsca[2e_bu~'lbr, as set tbrth in Seclion 2.4.7.4 o1' this Code. (7) Whenever worklbrce housintz is provided, it shall be t'ullv i~Djegrated with other co,npatible uses in 111o park lhrot!g!!._Ll~j,_x_cd~-t_!s~c ht_!i[di!~ and/or through pcdestl'ian and vehicular intcrcolmcclions, (8) Building permits tbr non-target industry uses identified m paragraphic shall nol be issuedprior to isst.ance of the first building permit For a mr<et indt, stry use. e. Any other use deemed by the Board of County Commissioner to be appropriate and compatible within a Rural Village. 2. Mix of Nei~;hborhood 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 ora Neighborhood Center. Neit~hborhood 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 ~urrot,nding lands. In additign, excgplka~s specifically provided otherwise for Rural Villages within the NBMO, the fol~in_g criteria and conditions shall apply I'o all Rural Villages, Page 14ofl74 Words s.t~uck th~;ugh are deleted, words underlined are added LL_ .... _A_llo~ca_tiQIj_ ol~'_]_,aj).d_ [l~ssgs_'.~pecific allocalions for land uses inclutlinu ..kflbrdable lh)usilm o'xx Icl al least ( I unils per acre s a >e kVo'klbrcc A mixtur,e of recreational us,es, including parks and ,/illagg g[~gn~. mixture of rclail, ol'ficc, ami sm/ices uses. (~)_ .... ll_'zg.~juestcd by ll~c Collier County School Board durint[ {.~ Schools shall be Iocaled within or a~jd'acenl to the Village credit toward any applicable school impacts fees shall be pl_'(25 j~g_d biAs~c_d_txpon an independent cvah]alion/'aptmfisal of lhe value of (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, communit_5, centers, public squares, greens and civic al't2~tS. Within the NBM Overlay, elcmcnta,'v schools shall be accessed _by local strcets,_pedcstrian and bicycle facilitics.~ and shall be allowed in and adiaccm to thc Rtiral Villa,2, c Center. p[i!vidcd stLc_l!J_qca[5![cci5 proyidg adequate access as needed by thc School Board. b. Acrea,,ze IJm itations. ( I ) Rural Villaaes shall be a minimum of 300 acres and a inaxinluln of 1,500 acres, exclusive of the required green bdt, with exception thai thc maximum size ora Rural Village within those RFMI. J Rcc,eiving I,ands south of thc B,elle Meade NRPA shall no! `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 densily3_v_jtJ3 ~j Page 15ofl74 Words struck thr-ough are deleted, words underlined are added !~!![i!! ~'~'i}14gC ~s!!i~l_!. hx !;5 )!!li!~ P_gt' grp_s_'~ Liebig= Those dens tics shall be achiever is }blluws: ............................... it: _ Base Dcnsilv. A base densit,z ...................................... o1' (/.2 dw¢ ~/=, u ~its Eer acre ~1.0 dxnclling units per lqvc acres) ibr lands within thc Rural Village, iuld l]lC !illin HI'Ca k eS UII; ted; s dcsi~m~lcd Rt ' b. klinimum l)cnsilx. For tlc t ' '1) ~, C'cdil for use ~ ~,tu-a Vilkmc one I~tmLJS ('rcdJl shuJl be ~['anlcd up Lo thc rain mt n mx)ss dc ~s Ix of 2.0 units pcJ' 1.2.) An additional density bonus 0.3 units pe~_z_acre P['?;gE_vE!jt)!!.[l~ Bi.!li~k_'.Eggg_talit,n ils set lbrth in Section 3 £4J Au addilional dons p, bom s o '0 5 un ~cr acre for each A Tordab c or ........ a.[Za_ljsportation _System l)csig!L The Rural Villaae shall be designed with a lbrmal slrect layout tlsilm primarilx a gEkQ dos ~and incorpol'atin~ v aac el'cons 5Otlal'CS '1 id ~!~cc55[D~ {¢5 thEpublic iXlld shall not bo gated. Thc road ~Stc~!! wit!!j!! ~!g ~[mlL~jllagE shall bc designed lo mccl Cotml~.sl~nc~rtlE. ans] 51!k~ leg dedicated to the public. (3) A Rural Village shall not be split by an arterial roadwa.,L. (4) Interconnection between the Rural Village and adjacent d e v c I opmx!~t_~slj_aJl _t~_ req!! jrc~d. 5~2__ Neighborhoods, Neighborhood Centers, and the ViJJagc Center shall be connected throu.d~ local and collector streets and shall incorporate traffic cahning techniques as may be appropriate to discourage higl)-speed tral'fic. (6) Public transit and school bus stops shall be co-located, where practicable. (7) Pedestrian paths and bikeways shall be designed so as to provide access and interconnectMtv. Location Restrictions and Standards. {I) 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 aqcessing an existing arterial, the cost of which shall be borne entirely by the develop~er_. Page 16ofl74 Words str-uekqhmugh arc dclcled, words underlined, are added Rural Village sin I1 b~ ocalcd xv Ic"e ot ~cr pub ic inli-a~lrt crt e. Rural Villaues may include "Special Districts" ill addition lo Iht £_42 .... ~_X mixture el'allowable uses is encourage~ It) occLu_r ~j!b_iH_ 12tJi[~!)3L2_s Transient lodging_is permitted al u_12_to 26 guest units per acre calculated tm thc acl'cat2c of thc parcel occuDiccl ~Xl]~_[[!~si~!![.lp~jg[[!g aim (.~L ..... l_ltjild~i!1g h_~cj~/_t5 nu__3y vary within thc VillatLq Ccnlcr alld _N__cjghborhood Cenlcrs,~ bul shall not exceed 5 slorics with thc Villa,ac Center, or 4 stories no exceedinu 55 feet within thc Neiahborhood Center, and 3 stol its not to exceed 40 Feet xvithin 200 feet of the Greenbell. The heiaht_ exclusions se[ forth in Section _.6.~. '2 "I of this Code ap_ply within a Rural Village. T_lle height exclusion set forth in Section ~._6:_3_.2. applies in the Villa.~e Ccnler onh,,.A excep2Llt_)3t_.' (a) 2.6.3.2.(4) requMng 300 square Feet of <reen spaces lbr each 12arking space lbr which the heit~ht waiver is granted shall not ap_p2bLIv; [loweverz (b) l:or each parking space lbr which the height waiver isgrantcd~ a~_ ~ ~lual amount ot_'_scjuare footage ol'~p~2 ~c~.5t3~3~1 bXllB2~jcJgd jP excess el'Iht minimum set tbrth in ~ * o,' o ..... ~2._. B.7. (7) The minimum lot area shall be 1,000 SF; however, within neighborhoods, especially approaching the edge of the Village and he surrounding green belt, less compact larger lot residential development may occur. (8) Within the Village Center and Neit~hborhood Cenlers, individual block perimeters shall not exceed 2,500 linear feet. (9) Within the Village Center and Neighborhood Centers required yards shall be as follows: (a) Front setbacks - 0 to I 0 feel from the right-of-way line (b) Side setbacks - 0 feet (c) Rear setbacks - 0 feet (10) Within neighborhoods outside o£a Neighborhood or V_illagcLCen__Jgr rc_~uired yards may vary but shall be desir4ned st) as lo provide lbr adcqtlale lig!~t, op__cns space ad movement of ail', and shall consider thc desig!l _objective of Ihe Ln'ban lo rural continuum with the greatest density:_iptcl__j~SjD, Page 17 of 17,:1 Words slmck4h~mgh arc deleted, words underlincd arc added and Lliversily ,:)ccurrin~',v Ihin tic Village Cente '~1o tle lu~ st ~. easily, :)l!pro!!chi!~ !l!s' g!'?c !)_? t{~) .... Scalin~ for ouldoor dinin~ shl II bc~ern~ilted lo encro~ ch ihe ~ublic side~alks illld shall le~ vci ni~imum Olbol clear pedeslriml x~. x betx~ cci c Civic or Inslitulional l'lt,iMi_ngs shall bo subjecl lo the specilic bc made con{i>alible tlmxmh s n ar mass I~ vohl n~ 're mine sci g till{ C!~)_l_~lUj!:e~-__l v~eB_i_ctjl~L'.L~iH'king and Ioadintz, amounts and desig,3 g,'_il~criu: LiU_ Ibc amount of rcquired_~_k~ shall be dcmonslratcd throutch il Pnrkinu shall bc determined utilizing thc modal 5~!i!5.!u~d P~rkil~g demands fi>r various uses recognized bv FI't~ [Jill or olher sources or studies. The anah sis shall demonstrale thc number ofparkiDg_~g5 available to more than one I. ise or function= rcctmnizin_glhc ~uircd park in u w ill vary dcpcndi~lg on thc mult {~g_ ft_!n~t_Bm~ o~5~5~5 .1 _~[t~s~ pl't}XilllJls which arc unlikely 1o let ui~c Iht s ylccs ,11 lilt s i ' . £b)_ On-site parkin~ areas shall be omanizcd into a series or small NBs delinealed by landscap2g_ islw,ds of varied sized. A maxinlun~ between landscape islands shall be l0 spaces, l.andscLH2Qj5ls!12d~s _tJi~g c_lialp_L)}ld5 sI!L~}I_ I_la_v_c r.~l_p_l_{,2irl~ll!l_l~ ~ Parki~lg lots shall bc accessed l'rom alleys, se_rvice~lancs or sOCOlldarv streets, (d) Any or all of the above parking requirements may be further reduced ifa shared pa[king plan is submitted as part ora Rural Villa:g~ PUl) or subsequent site develo ~EL~]t plan a_pplication. The shared parki_n_g t2[la_L~ slmll demonstrate that ll~e reduced p_arking is warranted as a resull of the following~ shared buildin_g and/or block use(s) where p_3rkj!lg Og!]La~0s lbr certain uses are Iow when other demands are hiuher; a con_centration of residential dwelling units located within 600 feet of mn-residential uses; the existence of transit For nsc by residents and visitors. (16) 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 eve _fy 40 Ft. O.C. The street tree pattern may be interrupted b,/ architectural elements such as arcades and colnmns. (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 mobili _ry. (d) Providing for additional pubic use landscape areas at intervals within the streetscape, on identified parcels with blocks, or as_par! of public greens, squares, parks or civic uses. (17) Signs: The PUD document shall adhere to the provisions of Division 2.5 of this Code; however, devialions may be requested where such Page 18ofl74 Words str-uc4.i-4hrough arc dclcled, words underlined are added u. (h'cenbclts may onl'c be dcsiqm_ Ltgd_.oD! I~l-~b'!_U_ I_{_c_c_ci~,_ 'i.p_g I_.Lt;!tlD. 12Fp_kj~J_etj=[0_cJ_tLsi_x_'_c_o_Jl' }b_~ (_~_,£e~c!!belt. _8: p_r~2ccss_l'~2E_A~ppm'oval ol'a Rul'al Village. AI2plications lbr approval shall be submitted ~7.[iiH)tcr 380 o1' l:}orida Statutes. or in conjunction with anv other Florida proEisi?us_~(!~ thu[ !ngx_Z_supcrccdc tllc l)l.~l process. Thc a~)licant shall notil~thc ownerLS.)ol' subsurlhcc mil~cral rights to the property within the boundaries of the proposed Rural Village prior to a~2proval of the PUD. 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. t{IS. An euvironmcntal impact statcmcnl lk)r the I<ural Villaac and stHTotmnding Glleenbelt am'ca sl~all bc submitted an accordance with lhc i'~CSlUil'ements of Division 3.8 of this Codc. b. Dcmonslration of Fiscal Neutrality. An analysis that demonstrates that thc l,[ural Village will be fiscally ncutm'al to county taxpayers oulside oF thc Rural VillaL.~= This analysis shall evaluatc thc demand and impacts on levels of service lk)r public tktcilities and tile cost of such facilities and scm'vices necessary to serve the Rural Village. In addition, this evaluation shall identil:y projected revenue sources for services and any capital improvemeuts that may be necessary to support tile Rnral Village. In conclnsion, this analysis shall indicate what provisions aud/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: (I) Sto~water/drainage facilities; (2) Potable water provisions and facilities; (3) Reuse or "Grey" water provisions for i~igation; (4) Central sewer provisions and facilities; (5) Law enforcement facilities; (6) School facilities; (7) Roads, transit, bicycle and pedestrian thcilities and lmthways; (a) Solid Waste facilities. Pagc 19ofl74 Wt}m'ds stF{tc~k th~+ugh am'c deleted, words tlndcrlincd arc added ill I'I'dMHICILII'C idcn~'icd il~ l l) ~hlotlg[~ (7) id~t)X C. 2.2.2'/~..3. NI"~liTI'L~,L LANI)S. Neutral l.ands have been identified lk)r limited semi-rural i !] I:i_hlin~ or baitin~ tin\ an!miff I v ttlxc owner of such I'acililx or an\ q!!!_c!' pcrspn 9( Raising any animal o1' aninltlls inlcndcd to bc ultimately tlscd or (3) For Durposcs oFthis subsection, the tcrrr~ baiting is dcfincd as scl l*orlh in ~.~: 1_22(2)(t0 F.S., as il nlav bc amcrndcd I'rom tit'nc tO film. 12._ .....Sil~g!lc-fal3!j~ residential dwell!n,2 units, includina mobile homes x~hcrc a ,./ p_g!'pAi!o~'~lplcxcs and other lypcs ol'stafl'housint_~t3s pA'd\.._l)~ iljgidcp!!!l B)~.. a~!.d__.il~_St,pport of. conscrvalion uses. d. Group housing uses subiect to the following density/intensity limitations: Family Care Facilities: I unit per 5 acres; Group Care Facilities and other Care l-lousina Facilities: Maximum I:loor Area Ratio (l"Ag) Staff housing as may be incidental to, and in support ol', s~ fcty service fi~cililies and essential services. h. Farm labor housing limited to 10 acres in any single location: (1) Single family/duplex/,nobile home: 1 I dwelling units per acre; (2) Multifamily/dormitory: 22 dwelling units/beds per acre. i. Sporting and Recreational camps, not to exceed I cabin/lodging unit per 5 gross acres. j. Those Essential Services identified in Section 2.6.9. I.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 Program. (2) In order to prevent the contamination of soil, surface water and ground water by the materials stored and handizd by golf course maintenance operations, golf courses shall comply with the Best Managemer~t Practices for Golf Course Maintenance Departments, prepared by thc Florida Dqpartmen! of Environmental Protections_May 1995. Page 20 of 174 Words struck through are deleted, words underlined are added t)) 'l_'h_c_tjsc.P-!' .s_t2j[ U!!4J!!~!pL_tjs~u~ 4UL~!y~is t~_~ a&JF U_st _tilpjpg upd_ _~!mqP!u £S!] T~l!~._Lc29t~r&liL~i!Ljo~ol__'pcsticide aA~ici~t_ifi!!5 \v~i!l_~!b~t~j!!ljLIg i!!Ld al2pt j Cljtii~!Lt2['_j rr~igul ion \valor; (4) l'o CllStll'e W,:ltel' COllsorvallOll= ={)ll COlll SCS shall iiiCOl',porale thc £~j As ax ailablc, golf courses shall utilize treated el'flucnl reuse xxalcr £c_L_..N_i&t['~_'~phmts shall be used exchlsively.' ex__gg~LSpccilj_ ILUIZ12t25_c areas such its ,2olFgrccns. fairways, and buildintz sites. Within these cxccl2t_gd areas, 13nds_c. aping plans shall reqt_tirc.!hat aLJcas_'!_7~(_,'~ p~tJN Il'eCs and 509 b of thc shrubs bc li'cczc--tolerarfl native Floridian 5pcci_~s_. At least 75% el'the required native trees and shrubs shall also be d]'oug!h3 tolcram ~ecies. (5) Stormwater management ponds shall be designed to mimic the fllnctions of natural systems: by establishing shorelines that are sintlotls in configuration in order to provide increased lenmh and diversity of the littoral zone. A l.ittoral shelf shall be established to proEi_d_g_a .fcgdj0_g_[!l~g~.J_k)_!LLValg!5 dgpcndcnt avian 5t!~ic.._s,. ]'he co_!2hj!lgd_]ellgLI! elf vgrtica[ ~nd [jp-ruppgd \vails shall be limited to 259b oflhc shoreline. Credits to thc silo area requirements, on an acre- to- acre basis, shall be given for littoral sheh, es Ihat 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 ininimum dilnensions as set forth in the l~and Development Code. These standards shall be established within one year. 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 non-environmental site development plan review procedures. Directional-drilling 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 in compliance witl) the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), Page21 ofl74 Words struck through are deleted, words underlined are added oil md -as perm Is Ibr proposed oil and ~as aclivilics Jn Collier Cotll/Iy, so long as iht ,ttilh~ l i/cd tisch cco'd 1 , Lo ~c si' ~ ' ~ds esl tblishcd in RL]iC 02-~() O( S(2)(a')L I ) ~ .\cccssOl'X [Jses J'Jlk foJlowina t scs a'e pc'nfillcd ils accessory to rises pcl'nlillcd its b, Recreational Facilities that serve as an imcm'al i/~[l_..ol_' a_ rcs~gntj~[ 12 .... Ct)mmtj!Lilx l~'~2c_ilitics such its, places c ..... _Sports instructional schools and camp_5: g. . {)j!_.i!pd gi!h iicld development and I.)_!'oducti~=_Stj[~j_c~t_ Bt 5ti!N ~l~'}tl rcvicx~ procedures. Directional-drilling_and/or previously cleared or disturbed areas shall be utilized in order to minimize iml,acts to native habitats, where delermined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 thronglx~C-3~ tf.A:C.~ regardless of whelher the activity occurs within the Big~r~5_~;Atgr~lj~ a~ defined in Rule 62C-30.001(2}, F.A.C. All ~E~icablc Collier CounlU~n~jro~HBgpl~] perm itting requirements shall be considered satisfied bv evidence of the issuance of all ~h~licable federal and/or state <)il and g3s permits lbr proposed oil and gas activiti~cs in Collier County, so long as the state permits comply with the reqt, irements of Chapter ..-9 .-, 62C-25 through 6_C-.~0, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the a_pplicanl shall be responsible for convening _the Big. Cypress Swamp Advisor5 Committee as set furth in Scclion 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., cvcn if outside the defined BiR Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62-30.005(2)(a)(1) through (12), F.A.C. Earth mining and extraction and related processine. B. DENSITY i. 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 densi _ty 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: 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 develol~[!!~p2 ~ Neutral l,ands, interim private water and sewer facilities may.be_~3d2provcd. Page 22 ot'174 Words struck through are deleted, words underlined are added ~. __ '~'lJg_llfiJ!i[BUn~ D~ect size shall bc at least 40 acres. C. I)IMI:NSI()NA1 ANI) I)FSIGN STANI)ARDS. l)imcnsiomd illlt] l)csian Slalldart]s (~j Side Yard: 30 19ct i.~) Rear hard. _0 lecl (il _ Nonconlbrmina Iols ill cxisICllCC as ol',hmc 22. IOO0: ~) Front Yard: 40 Iket. lb} Side Yard: l0 percent of lot width, not to exceed 20 tket on each side. ~ Rear Yard: 50 t~et. 2. Development that is Clustered. a. Minimum lot area: 4,500 square l~et. b. Maximum lot area: One Acre. c. Minimum lot width: Interior lots 40 t~et. d. Maximum lot width: 150 feet. 3. Height limitations. a. Principal: 35 feet b. Accessow: 20 feet, except for screen enclosures, which may be the same height as the principal structure. c. Golf course/communi~ clubhouses: 50 feet 4. Floor Ar~a. Th~ 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. NA'FIVE VEGETATION RETENTION. Native vegetation shall be ~[e~erve~J forth in Section 3.9.4.3. Page 23 of 174 Wo,-ds stmek through tire dclcled, words t_lj!d_cl_"ljlje_d arc added 2.2.2;4.4. I~II.'MIr.~ENI)IN(; i.ANI)S. RFMllSendm~l.umlsarelhoschmdslin, haxclllc .~ 16_ and 823. 141~)1 Horida a3. _ .... /~griculmral uses consistent \vilh Sections 163" ~ ............. S!'_,!!!![c,4 [!'ilp_!'idE !~_ }~13,t _ti2 1:3[p2 b. Detached sin~le-famih' dwcllinu units, including ajo__bilxl3o~_3!!s__~\ ILcj~c J Jahitat preservation and conservation uses. d I_hl_a.~2i__vX.lxu'ks and other passive recreational uses. c ...... Sportin.u, and Recreational caml~s_~, wilhin which thc Iodgin!L?mt2onc~![ 5!!~_dl not exceed I anit pet' :5 gross acres. Those Essential Services identified in 2.6.9. I.B. ,.z. Oil and gas exploration, subject to state drilling permits and Collier Coullly bc deemed salisficd tlpOll isstlallCC of a sullc permit m compliance wid~ Iht crilcria _ _ 6_C-~0, F.A.C., regardless of whdhcr eslablishcd in Chapter 6~C-~5 lhrouah o-- adivily occurs wifl~in the Big Cypress Watershed, as defined in Rule 62C-30.00 F.A.C. A~! applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or stale oil and aas permits for proposed oil and gas adivities in Collier County, so [ong as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convenin~ the Big Cypress Swamp Advisory Commiuee as set leah in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to lhe standards established in Rule 62-30.005(3)(a)(I) through (12), F.A.C, 2. Accessory Uses. Accessory Uses and structures that are accesso _fy and incidental to uses permitted as of right in Section 2.2.27:.A. I above. 3. Conditional Uses. a. Those Essential services identified in Section 2.~,9.2.B. b. Public facilities, including solid waste and resource recovery facilities,_an_d public vehicle and equipment storage and repair facilities, shall be permiued ~ection 25, Township 49S, Range 26E,_qon lands adjacent to the exi.s_tiDg_Cq_t!!!~ landfill. This shall not be interpreted to allow for the expans_ion Section 25 lbr the purpose of solid wasle disposal. Page 24 of 174 Words struck thFough are deleted, words underlined arc added c. ()il and gas field development and production, subj_ccl__t~__51a_tg_l_is'l~ dxy_'._e!c2~!]gl3_Lperm its and Collier CounB2 _'c_~ is'~3 pI_'(2~e3l[!Lc.s= _[_))ij'c_.c.!i92B3[-cJ!'jl[i3Jg 5!!!Lt~L~!;.l¥_C~zit2tJ~bZ_.~I~Z~ 12i!~!~[~[$2_.S!t~ tl~ ._[~g_~prcss Watershed. the ~3pp[~ci~t3[ 51J~]] _[l~. rcs~t2~!5~l~!% ~k2!' d. L'Omlnercia[ uses accessorx It) per]hilled usus l.a.I.e, and I.d ill)t}vc, st_lC_h_a5 A,.zricuhural uses consistcnl wilh Sections 16.3.3162 and 823.14~) 5;tattilcs (f]t_!izjcJ~3_l'~_ i.g[h_h! .ii! _Fa:'l/__l_ ,&~cL.K..i!~X lui~l j!lg~xX~2_tcL!!!~2na u~c!!!~!![ l';3~il__i!j!s: ti2 Lbo b. (.';lille grazin_g_oz1 ul:improved pasture where no clearing is required; c. l)clachcd singlc-fi~ni]//dv,'elling Ul~its:_hlcludi_!!g mobile Ira:nos xvhcl'C thc d. One detached dwelling unit, including mobile homes where tile Mobilel Iome Zoning Overlay exists, per lot_or parcel in existence as of June 22, 1999. fha! is less than 40 acres. !la order lo i-etain these development rLghts after any_tl:~Dst'c!L._t[l.2l!9_ on_e dwcllinu hiLlS[ be rctaincdlnot tl'ansfcrrcd) per each Icl orparcel. Forthc p~r~scso[ this provision, a lot or parcel shall be deemed to have been in existence as ol'.hlnc 22. 1909. upon a showing of any of the following: tile lot or parcel is part cfa subdivision thai was recorded in tile public records of the County oil or betbre June 2_2~ !92~; a description of the lot or parcel, by metes and bounds or other _specific legal description, was recorded in lhe public records of the County oil or before June 22, 1999; or (3) 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 non-environmental site development plan review procedures. Directional-drilling 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 cfa state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., regardless of whether tile activity occurs within the Big Cypress Watershed. as defined in Rule 62C,-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or slate Page 25 of 174 Words struc 'k4hr--otvgh are deleted, words t,ndcrlincd arc added [~i[~s:tj2~!~S[:d[il~g ~.!:J'o~' P[~¥~2~5~ ~ffgd or ~sJtpjl2~~ shall be considered salislicd by evidence of thc issuance of all aN)_!j_cLtl2}~_l~g!cr~j[L~!LcJ:'gj_' sLate ~i_[_a~jd g~pcrl_~L~ils.fgL'.pr{_)_poscd oil and ~_s_Ltc_ttiyilic~s j!! jcl_' (.~'L~I.I_I_I__I}~,~ S(~) !!_)ll_g as tile state lic_r_m_it~s_cL)12~_t2bZ_ x_v_jtb_._tb_g r~e(lt3jlj~!!]_Cl3LS [! 1_' _(Tlli_lp~_cr b_gtj!l~.!i3r~x t2{'_.!{)c_' l~ig_ (~sipress_~:.t2Ley._s!LctJ., _ti3: .0_Pl2[j_c:2xY_ _:h~jLIJ:g..[c2:12_qt_~:ib_!~ J'_,iY got!F:.c_!!)!g t2!~_..llig _C~x:prcss Sxx, am~_Ad_¥jso~z_C_~!B!.lkiLt~c a~_scl_ !72!:!h_ i!!. ~stitm_ 377:.4_~= _1":~,:. [p.i~55t2f_e.?m p!i~Anc~e_:L'jt_13 ~;l_~zJl)t__cr_0Z('_-_~...tl3Lo_t!ul_.3._0~(_::3_(_)~ [!:A_._C:: gx_:<n iJ'5)3!!2j_tl¢_ll2~.dglfi~Dg_d_J~_ig_Cxzprcss Watershed. All oil and ells access roads shall bc consffkLcg~d__i!!!d_ tI!'otc~c_Ted I'r_5~ALL tJ~ALLttl_12t2L'ized JJ:gL L~c~cg!'t_Jitjg. J9_ _lh_c. 5!~_!!lg!;J!'d5 s~ab[j 513__c ~t! jr3. I;, u I c_ 62-~30_. 005 { 2 )( tx )([). tJ!.L't2 lAglh_(J2Z F. A. C_= c. Conditional use approval criteria: In addition to the criteria scl lb,-th itl Sqc_'t_i&m ~:I~J:4_.&)L'~12is~(:s~st&,_th~ lf~ll!!?zit~gs~cJi[jm~a~_ c~j!~!:i:~ ~l_:dl.~Jpt~!~: B2 thg tJpproval of conditional uses within RI:MIl Scndin:l .zJ!!tJ}: ( 1 ) The applicant shall stlbm it a plan Ibr development Ihal demons!talcs that wethmds, listed species and their habitat are adequately protected as s_pecified in DMsions 3.9. and 3. il. (2) Conditions may be imposed, as deemed appropriate, to lin~i_tt thee 5i~g, location, and access lo the gg_pdili0A!~!.tJ&g, C. I)t:NSITY. I. 1.0 dwelling units per 40 gross acres; or 2. 1.0 dwelling unit per nonconformimz lot or parcel in existence as of June 22, 1999. For tJ_~e_p2_~ose of this provision, a lot or parcel which is deemed to have been in existence on or befl)re June 22, 1999 is: a. a lot or parcel which is part of a subdivision recorded in the public records of Collier County, Florida; b. 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 c. a lot or parcel which has limited fixed boundaries and for which an agreement for deed was executed prior to June 22, 1999. 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: r. Lot Area and Width. a. Minimum I,ot Area: 40 acres. b. Mininmm Lot Width: 300 Feet. Page 26 o1' 174 Words struck t[u:ough are deleted, words underlined arc added I S}yn~. ,\~_ l'cquir~l m l)iv_isioq ~.5~ I. Sinylc-famil> d~cllil/~. ('rmJ~ti,m~d I~S~'.s'. Thc follmvin~ uses arc permissible as com_liliomll uses in lilt cslatcs cci to thc MunLlmds and t)roccdurcs established in dix, isiou ,_!<~!}i![{ _.7.1. I. Churcllcs and other I)l;lcCS of x~orship. I0. Ancillarx Plants. 2.2.3:4.3. I. Mininmm yard rCqLlil'ClnCntS. l.'ront yard. 75 feet, except ill tile case ol': Conlbrming corner lots, in which onlyone full depth setback shall be required along thc shorter lot linc along file street. The setback along the longer Iol lille may bc reduced by-a~fftoS0 t~m~l. Nol~l;oMots ~h~lt~:onfim~Holh~ninm~tm~4ot ~idlh-o~:.a~amqui~uo~lsr~-del]n~ya~:dr4~ont:- to 37.5 l~ct, so lone as ~ht-otLx~ax or riuhboPway easement is included within the reduced fi'onl yard Page 27 of 174 Words slmck-II,'ough arc deleted, words _u!ld~c!Llij!c__d arc added ESTATES: CONFORMING CORNER LOT R 0 W R O W A SIDE ""/ P/L ETBACK St: I~ACKS MEASUI~ED f ROM R O W LINE Wll) 1 tl MtZ/,,SI U~ED BE 1 WI L N I'i",OP! R l ~ I INI!S t;, 0 ,"V I IN[ PIROPLI,~IY LiN[ included \~ithin thc reduced front A 105' LOT WIDTH ROW P/L 75' FULL FRONT SETBACK ROW ESTATES: NON-CONFORMiNG CORNER LOT ROW R 0 W A.., REDUCED 10% LOT 10E WIDTH 10% LOT 105' ; - SETBACKS MEASURED FROM RO.W LINE - WIDTH MEASURED BETWEEN PROPERTY LINES R O W LiNE PROPERTY LINE Nonconforming through lots, ie. double frontage lots, legal nonconforming lots of record with double road frontage, which arc nonconforming duc to inadeqt,atc Io! depth, in which case, the front yard along the local road porlion shall be computed at the rate of 15 percent of the depth of the lot, as measured from edge of the right-of- way. The nonconforming through lot utilizing the reduced frontage shall establish the lot t'rontage along the local road only. Frontage along a collector or arterial roadway Io serve such lots is prohibited. Front yards along the local road shall bc developed with Page 28 of 174 Words s4ramk-through arc deleted, words underlined arc added StI'tlCILIrCs hi~¥itl~ 1.1.11 il¥cl'.tlt'c front V~ll'd with il x,'~ri~llioll ol'tl[)l II1OI'C Ihilll six I'ccl: lit) building lhcx'c~llicr creeled si:all pro cot be) omi thc clx cragc linc s~ cstclblishcd. 2. ~%'tW~~ ~',~r~/ %{1 IL'ct. except l't~r legal noncont~wming lots of record, xxhich arc .... -l._. I. />~.'/'llll/lc'(/ IISC'.S I. .... 4.4.4. 1. 2.2.5.2.1. sin~lc-12unilxz district it is located in.. a. l*'or principal structures: 50 Feet lycra all property lines. b. For accessory structures: 25 l'cct I¥om all property lines. ['Cptttllle~[ tt.~'e.¥. 1. Single-lhmily dwellings. 5. Educational Plants; however, any high school located in compatibility review as described in Division 3.3. of thc code. l.'amilx care l'acilitics, subject to scctio~ _.2.0.26. Schools. t>ublic fI{SIL3 a~d-l{-gt~5 zoni;tg-disttqcts onts~, el:~cti.ve ont? th~:t~tgh--,lamtary ,~[ill[llllllll l'~ll'r[ I'c't/lt/l't'lltUtllV. Yard Requirements l~)r public schools, regardless of what component of the residential this district is subject to a 2.2.5.3. Conditional uses. The following uses are permissible as conditional uses in the RMF-6 district, subject to the standards and procedures established in di;'isizn section 2.7.4: I. Churches and houses of worship. 2. Schools, public and private. Also, "Ancillary_ Plants" for public schools. 2.2.5.4,3. Minimut~ yard reqttirements (except as further provided at following minimum yard requirements are in relation to platted boundaries: Page 29 of 173 Words slr4te '-k4t:~rough are deleted, words underlined arc added section 2.6.27). The ..... -1.~. ,~li,im,m v~,'d r~_'qtm'cm~'HI.s' (except as l'urfl~er provided al section _.6._7). /'he lbltox~ in~ minimum ~ ard requircmcms m'¢ in rclalion to platted boumtarics: fmc (.'-;in,.lc) Famils 2? 7 I 2' 20' l)x~clling finns I)uplcx l)~xdling lhnls 25' lO' 20' IMotrnitFamilx l)~cllin~ 27 I0'* 2{)' ~3nit~ 'l'hrcc or More F'amilx 2.2.6.3. C'onditiomd uses. The following uses are permissible as conditional uses in the residential muhiple-thmily-12 dis:rict (RMF-12), subject to lhc slandards and procedures established iii dMsion section 2.7.4' I. Child care centers and adult day care centers. Schools, p.:blic-and private. Also, "Ancillary Plants" for public schools. 2.2.6.4.3. Minimum yard requirements. 1. Front yard--Thirty feet. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all properW lines. 2.2.7.2.1. Pet'milled Page 30 oF 174 Words sp,:uok-lhrough aye deleted, words ~tl!!sl~!i!j!lc_tt arc added itl this district is subiect 1 o a nluhiplc-I'amilx-IO district (I(MI"-16). subjccl lo 1. £'hild care ccutcrs and adult day care centers. C '..d,'zt..,d zt.~c.s'. Iht Iblltm mg uses arc permissible as conditional uses ill thc rcsidcnlial Ilic ~,luadal'ds and proccdlu'cs established h;ch re)l s. public and p I. Front x ard--Onc half of thc building height as measured Ii'om thc fl'si floor of thc Stl'tlctm'c xxith a minimum o1'30 tDct. -1. ~Td [~g~luircmcnts fin'public schools. a.._~;~rp~2Dg.~pal StI'LIclLII*CS: 50 J~Ct J}'t)m all pro~!z lines. b. For accessory structures: 25 feet Ii'om all property lines. 2.2.8.3. C'~mdiliomd uses. The lbllowing uses are permitted as conditional uses in tile residential tourisl district (RT), sul:~i¢ct Io lhe standards and proccdurcs cshlblishcd in di¥ision s_ccg_ti_o!! 2,7.4: 1. Churches and other places of worship. 9. Ancillary Plants. 2.2.8.4.3. Minimum yard requirements. 1. Front yard-One-half the building height as ineasured fi'om each exterior wall or wing of a structure with a minimun~ of 30 feet. 4. Yard Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 2.2.9.2. !. Petvnitted use& I. Single-family dwellings. Page31 ofl74 Win'ds s~t~k4ht:ottgh are deleted, words t!ncJg. Eli!!ed arc added c,,!npi!! b}lh.x i'~s icxs 4s dc~,_cribed jrt_ I)}>ij?ion :'~ ~: of!hq code. 2.2.9.3. ~'.m/iri.~za/ n~,_'~ 'Ibc following uses are permissible as conditional _.(.,1 itlld nlarillilS. I. l~oalsard.h, sub. jecl to thc applicable revic~v criteria scl forth in section > ~ ~' ~ Schools,-pubtic- and pti', ate.._A__?, "~'5!~_c_'jll;AD.' J~h_!nt_s_"_[~n; 12tjl21ig scht?!.5. l'hc folloxx in,,z' dimensional standards shall ul~pl.x lu all pcrmillcd, thc x illagc rcsidclllial di~,tricl I ,\IM.I'. INS;I: I ' Sin'.z'lc- Duple× Multiple- Accessory Conditional Du, clling l)wclling and Mobile t lome Minimum Iol area 6,()00 I0.000 I acre N.'A I acre %um'c l~et square l~el ~ Minimum Iol widlh 60 l~cl I{)0 l~cl 150 i~cl N/A 10(} 3. Minimum yard requircment: Front 3ard 20 feet 35 feet 35 feet Section 2.6.2 35 feet Side 5ard 5 lbet* 15 lket 15 lbel Seclion 2.6.2 15 tbel Rear yard 20 l~el 30 l~ct 30 l~ct Section 2.6.2 30 IUet *Waterfront: 10 t~et. 4. Maximum height* 30 t~et 30 lket 35 t~et 15 t~ct 50 I~el 5. Maximum 7.26 8.71 14.52 N/A N/A density** mills/gross units/gross unils/gross 6. Distance between N/A N/A 1/2 sum of N/A structures the building height 7. Minimum floor area. (Reserved.) 8. Maximum lot coverage. (Reserved.) 9. Off-street parking and loading. As required in division 2.3. I 0. Landscaping. As required in division 2.4. 1 I. Yard Requirements for public schools~ a. For principal structures: 50 feet from all property lines. b. For ~ccesso~ structures: 25 feet from all prope~y lines. * No building may contain more than three levels of habitable space. ** Actual maximum density shall be determined through Ihe application of the density rating system, or applicable policies contained in the future land use element, or the hnmokalee fi, rare land use map established in the Collier County Growth Management Plan, not to exceed the above specified deasity for each use. Page 32 of 174 Words stq-uck throt~h are deleted, words underlined are added ._5.: t_-~tJuE~j_t?Lli!! [:~_!~jlJ[_s'... tOoxkcx~r=.al~5_l g 1 school located in this district is 2.2. I O.-l. 3. I flltim tm~ 3'~1~'~1 I'C'~/IIIt'dIII dilLS 2.2.12.2. I. Pc'rm~t/od ,,~CCOtllllillo audilil/o and bookkccpin~ SCl'~ ices {8721 ). 7. 8. (iroup care Ihcililics (calcgor} I and Il, except Ibr homeless shelters}; cm'c trails, except Ibr homeless shelters; nursing homes; assisted living lhcilities pursuant to F.S. ~ 400.402 and ch. 58A-5 F.A.C.; and continuing cnre retirement communities pursuaut 1o F.S. ¢ 65 I and ch. 4-193 F.A.C.; all su~iect to section 2.6.26. ~ 9~ Offices ibr engineering, architectural, and surveying services (groups 078 I, 871 ~-8713). ~ 10~ ltealth services (8011--8049). 4~ !1~ Individual and family social services (8322 activity centers, elderly or handicapped; adult da> care ccnlcrs; alld dily care centers, aduh and handicapped only). I I. }~. lnsurlulcc Cal'ricrs, agcllls and brokers (groups 631 I--0309, (MI I). ~ 13~ Legal services (81 I 1 ). ~ 14~ Management and public relations services (groups 8741--8743, 8748). ~ 15~ Miscellaneous personal services (7291 or 7299, debt counseling only). ~ 16. Nondepository credit institutions (groups 6141--6163). ~ 17~ Photographic studios (7221). ~ 18~ Physical fitness facilities (7991 permitted only when physically integrated and operated in conjunction with another pe~itted use in this district - no stand alone facilities shall be perm itted). ~ 19~ Real estate (groups 653 i--6552). ~ 20~ Shoe repair shops and shoeshine parlors (725 I). ~ 2 I~ Security and commodity brokers, dealer, exchanges and services (groups 621 ~-6280). ~ 22. Transportation services (4724), travel agencies only. Page 33 of Words slFuek through are deleted, words P~lOgOJ~!g~ are added _~_.2, '2_~_. An~ other commercial use or prol~ssional services which is compm'able in nalurc with thc fm'cuoinu uses includiu,, lJlOSC lh~ll exclusively scrxc Iht admiuislrati~c as oplmscd to thc opcratioual I'tmctitm~ o1' a business and arc purely associated xx ith actix ilics conduclcd in an ~ ~ 1~ ', ('~,;;d~ii~,~;I ,~','.~. 1he I'~dlt~win,, uses arc permissible a~ c,mdilional uses in lh¢ (('-I) commci'cial IwolL'~i~mal and general t~l'licc dislrict, sul~jccl Io thc slm~dm'ds m~d prc~ccdm'es t: 2. Automobile parking L752 ). garage~automobile parking, parking struclm'cs. 3. d. C'ix ic, so~ial ~l~ltl l'l'alcrllal ;~ssoCi~lliOlls (~041). 4. 5. l)cpository institutions (groups0011--()099). 5~ (2: t~dticatitmal scrx ices ~g211--a23 I, except regional libraries). 7. ~. Increased building hcighl 1,~ a ]~aximtim o1' 50 feet. ~,9. Mixedrcsidcntialandcommcrcial usessutzjccttolhc lbllox~ingcritcria: a. A silo development t)lau is apprtwed pursuant Io division 3.3. lh~tl is clesigncd lo prolcCl file chal'UClCr of thc residem iai uses and rd' Ibc neighboring lands: b. The commercial uses in the developmenl may be limiled in hours of operation, size ol' delivery trucks, and type of equipmenl: c. The residcmial uses are designed so lhat they are compatible with the co~nmcrcial uses; d. Residemial dwelling units are Iocaled abox e principal uses; e. Residenlial and commercial uses do not occupy iht same floor of a building: f. /'he number of rcsidcnlial dwelling unils shall be conlrollccl by the dimensional slandarcls of the C-1 dislrict, together with the specilic rccluircmcnl thai in m~ instance shall the residential uses exceed 50 percent of lbo gross floor area ol'thc building; g. Building height may not exceed two stories; h. Each residential dwelling unit shall contain the lbllowing minimum floor areas: efficiency and one-bedroom, 450 square feet; two-bedroom, 650 square l~el; three- bedroom, 900 square feel; i. A minimum of 30 percent of the mixed use development shall be maintained as open space. The lk)llowing may be used to satisl~ the open space requirements: areas used to satisfy water management requirements, landscaped areas, recreation areas, or setback areas not covered with impervious surface or used lbr parking (parking lot islands may not be used unless existing native vegetation is maintained); j. The mixed commercial/residential structure shall be designed to enhance compatibility of the commercial and residential uses through such measures as, but not limited to, minimizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the gre~est extent possible. ~ 10~ Nursing ~nd personal care facilities (8082). ~ I I~ Funeral service (7261 except eremat0ries). ~ 12~ Religious organizations (8661). ~ 13~ Soup kitchens, as delined by Ibis Code. ~ 14~ Veterinarian's office (0742), excluding ouldoor kern]cling. Page 34 of 174 Words M~b~[}gh arc dcleled, words uudcrlined are added Any otl'~cr commcrcir, d or professional usc which is comparable in m~lurc xx ith the lk)re?ing list o1' permitted usos and consistent wilh ibc pm'pose and inlcnl stateroom o1' the as determined bx the bom'd (ffzoning appeals. I. 2.2.13.2.1. I'c'r,,Itud I. I. julcss olherxvise provided for in this section, all permitted uses and all conditional uxccpl increased height and mixed rcsidcmial and commercial uses of thc C- commercial I~rolL's~ional at~d general oflicc dislricl. 5, ~. Food stores wilh 2,800 square lkct or less ol' gross lloor m-ca in thc principal slrtlclurc igroups 54 I I except supcrmarl<ets, 542 I--5499). & 7~ Gasoline service stations (5541 subject to section 2.6.28). ~ 8. General merchandise stores with 1,800 square tket or less of gross floor area in the principal structure (5331--5399). 8: 9, Group care lhcilities (calegory I and II, excepl lk)r homeless shelters): care unils, excepl lbr homeless shelters7 mu'sin,, homes: assislcd Iix, in- lhcililics pursuaul to ~ 400.402 I".S. and ch. 58.,X-5 I:.A.C.: aud continuing care rclircmenl communities pursuanl io ~ 65 ] I".S. and ch. 4-193 I:.A.C.; all subject to section 2.6.26. ~ 10~ Hardware stores with 1,800 square feet or less of gross floor area in the principal structure (5251 ). +~ I I~ llealth services (groups 8011--8049, 8082). ~ 12~ ttome furniture, lkm~ishing aud equipmenl stores wilh 1,800 square lkct or less of gross floor area in the principal structure (groups 5713--5719,573 I--5736). ~ 13~ Libraries (8231 ) except regional libraries ~ 14~ Miscellaneous repair services, except aircraft, business and office machines, large appliances, and white goods such as refrigerators and washing machines (762B-7631 ). ~ 15~ Miscellaneous retail services with 1,800 square feet or less of gross floor area in the principal structure (5912, 5942--596 I). ~ 16~ P~int, glass and wallpaper stores with 1,800 square ket or less of gross floor area in the principle structure (523 I). ~ ~ Personal services (groups 7212, 7215,722 I--725 I, no beaaty or barber schools, 7291 ). ~ 18~ United States Postal Service (4311 except major distribution center): ~ 19~ Veterinary services (0742 excluding outside kenneling). Page 35 of 174 Words ~m~M~)ugh arc deleted, words ~!~!de~!j!)c3! arc added l-g: ~(_).= Videotape rental xviflt I,gO0 square feet or less of gross floor area ill thc principal slrLIcILLrc t'7~4 I ), 2.213.;. (',m,hli~,t/,// ,.sc~ Iht Iblloxvmg tisch arc pcrlnissiblc as condilioual uses m thc t:2. l.:ducationutscrxiccs18221.8222)cxccplrcgionallihrarics. 2. 3. Ih)mclcssshclLel's, asdclinedbylhisCodc. ; 4 Mixed rcsidcmial and commercial uses sub. jeer lo thc following criteria: a. A s, itc dcvclopntcl~t plan is approved pursuant Itl dl_)_ivision 3.3 that is designed Lo protect thc character of thc rcsidcntiifl uses and neighboring lands: b. Iht COmlncrcial tisch in thc dcvclopmc]~t may,' be limilcd in hours of operation, sire ~1' c. Iht rcsMcnlial ascs arc designed so Ihat thc)arc co]npatiblc wilh Iht conlmcrcial uses; ct. P, csidcnlial dxsclling units arc located abo,,c principal uses: c. Y, csidcntial uitd ctmmlCl-cial uses do not occup,,, thc same Iloor cfa building: F. Ibc number of residential dwelling units shall bc controlled by the dimensional sl;.tndards el'thc (_'-2 district, together xxith the specific requirement lhal in no instance shltll tile residential uses exceed 50 percent of thc gross floor area of the building or thc dcnsil) i)crmiltcd tlndcl' thc groxxth iI~al~agcnlcl'd plan: g. l~,uilding hcigh! may not cxcccd tv, o stories; h, Each residential dwelling unil shall col]lain thc Ibllowing mi,limttln l]oor iu'cas: cl'ficicncy and onc-bcdroonl, 450 sqilal'c l~'cl' lxx. o-bcth'oonl, 650 sqtlarc I~'Cl: Iht'cc- bedroom, 900 sqtiarc l~ct; i. The residential dwelling units shall be restricted to occupancy by the owners or lessees of' the commercial units below; .j. A minimum of 30 percent of the mixed use development shall be mainlaincd as open space, l'hc following may be used to satisl~, the open space requirements: areas used to satisl~' water management requiremenls; landscaped areas; recreation areas; or setback areas not covered xs ith impervious surlhce or used lbr i)arkmg (parking Icl islands may imf be used unless existing native vegetation is maintain~); k. The mixed conunercial/residential structure shall be designed to enhance compatibility of the COlnmercial and residential uses through such measures as, but not limited to, mininfizing noise associated with commercial uses; directing commercial lighting away from residential units; and separating pedestrian and vehicular accessways and parking areas from residential units, to the greatest extent possible. & 5_. Permitted personal service, video rental or retail uses with ]here than 1,800 sql. arc feet of gross floor area in the principal structure. ~ 6~ Permitted food service (eating places or lbod stores) uses with more than 2,800 square feet of gross floor area in the permitted principal structure. ~.. 7~ Soup kitchens, as defined by this Code. ~. 8~ Any other convenience commercial use which is comparable in nature with the foregoing list of permitted uses and consistent with purpose and intent statement of the district, as determined by the board of zoning appeals. 2.2.13.4.3. Minimwn yard requiremenls. Page 36 ofl74 Words sn:t~ckqh~h arc dclctcd, words ttl!_dcr!i!m_d, arc added I [Jnlcss otherwise proxidcd l~)r in this section, all permitted uses oF thc C-2 commercial 7 I ducation~!l Food stores xxilt~ 5.(100 square fcct or Ics~ of gross lloor area ill thc principal structure tgiOUl'l~-, 5 |1 l--5499). 8.- 9. General merchandise stores x,.ith 5,000 square I'cct or less ,.>f gross l]oor area in thc prim:il)al structure (groups 533 I--5399). _10~. (h'oup care fitcilitics (category I and I1, except for homclcss shcltcrs); care units, cxccpl Ik>r homeless shchcrs; nursing homes; assisted living Ihcilitics pursuant to ~ 400.402 I.'.S. alld ch. 58,,X-5 t:.:X.C ' alld COlltilluillgcarc relil'ClllCBl COllllBtlllilicsl)tll'Stlalll to ~ 651 I:.S. and ch. 4-193 t:.A.C ' all sulR]cct to section 26.26. -1!_. I Rcscr~cd.] lt. I~. Ilomc fuz-niturc, furnishing, and equipment stores with 5,000 square IL'ct or less of g)'o~s floor area ill thc principal SII'LlCtUrc (groups 5712--5736). 4-3.-. 13~.. 1Abraries (823 1 ). Marinas (4493), subject to section 2.6.22. t4. ! ~. Membership organizations (8611--8699). 45. _16_: Miscellaneous repair services (groups 7629--7631, 7699 bicycle repair, binocular roi)air, camera repair, key duplicating, lawnmowcr repair, Ice,thor goods repair, locksmith shop, picture framing, and pt~ckctlmok repair only). [& 17. Miscellaneous retail with 5,000 square feet or less of gross floor area, except drug stores (groups 5912--5963 except pawnshops and building materials, 5992--5999 except auction rooms, awning shops, gravestones, hot tubs, IBOlltllllents, swimming pools, tolllbslollcs and xvhirlpool baths). 4~. 18__=. Museums and art galleries (8412). ~ I 9_._~. Nondepository credit institutions (groups 6111--6163). 49.20___= Paint, glass and wallpaper stores with 5,000 square feet or less of gross floor area in the principal structure (5231). ~ 21. Personal services with 5,000 square feet or less of gross floor area in the principal structure (groups 7211, 7212, 7215, 7216 nonindustrial dry cleaning only,, 7291, 7299, babysitting bureaus, clothing rental, costume rental, dating service, depilatory salons, diet workshops, dress suit rental, electrolysis, genealogical investigation service, and hair removal only). -24. '>.2. Physical fitness facilities (7991). ~ 23_..~. Public administration (groups 91 I I--9199, 9~'9 931 I 941 I--9451 951 I--95a_, 961 I- -9661 ). Page 37 of 174 Words struck thmws4~ are deleted, words underlined are added nm'series, lawn und garden supply sim'es with 5,000 square l'ccl or less of gross principal MIU,.,ilLlfu' (57.(~1). 25. 20 \ ideolapc ~cnlal xsith 5,01~0 squm-c lbcl or less o1' ,2'.ros~, floor aru'~ in tl~e principul 5truclm'c (7,'-;.11). 27. I. initcd %tatc.~ Postal Scrxicc 031 I except ,na.i~),' disu'ibution cenlc,'s). 2,"4. Any usc x'~hicl~ was permissible under Ibc prior (W,C zoning dislricl and xxhich was l't]llx c',.isting plier to the adol)ti,an of this 2,5. ?..,\Iix el' ti~c foregoing uses ti'tat arc subject to a gross llt)o[' at'ca limitation shull bc i,c[-millcd bx riahl xxithout thc maximum floor re'ca limilatitm il' thc usc is developed as ;111 indix idual ~t]'t[cttt['c that i~ parl ol'a shopping center. 2.2.14.3. ('~mdzzi, m~d ,~'cs Thc following txscs a,'c permissible as conditional uses in thc commercial intermediate districl ((,'-3i, subject It) thc blLllIcl:ll'dS [ilia proccdurc~ established in divisit)n section ....... ,. ~ 7.-1.: 1. ,,Xmuscmcnts und rccrcution scrx. icc~ (groups 7'-) I 1, 7922 communit~ theaters oul3, 7933, 79t)3, 799ti bt}at l'oreal, min iuturc ?11' course, bicycle and mOl)cd rental, i cnlal of beach chui]'s and accc~o['ics ertl3 ). 2. ,,\ncillar.x F'lants. _~=}... l)rinkingplaccs(5813) cxcludingbottle clubs. All eslablishmcnts engaged in thc retail sale of ~flcoholic bcxcragcs fi)r onq~['cmisc consulnplion arc sulzjcct to Iht Iocatiomd I'CqUl i['clllClltS o1' suction ] .0. ] 0. 3. 4. t'iducalioual services (8221, 8222). Food ,,mi'cs x~,.ilh grcalcr than 5,000 squurc l~'cl o1' gross floor ;.ti'ca in ibc principul structure (groulaS 5411--5499). 5: 6= ttomeless shelters, as &fined by this Code. 7_. I lospitals (groups 8062--8069). 8= Justice, public order and safety (groups 921 l, 9222, 9224, 9229). 8.9_. Social services (8322--8399). O-. 10. Mixed residential and commercial uses, sub. jeer to thc Ibllowing critc]'ia: a. A site development plan is approved pursuant to division 3.3 ti'mt is designed to protect the character of the residential uses and neighboring lands; b. The COlnmercial uses in the development may be limited in hours of operation, size of delivery trucks, and type of equipment; c. The residential uses are designed so that they are compatible with the commercial uses; d. Residential dwelling units are located above principal uses; e. Residential and commercial uses do not occupy the same floor ora building; fi The number of residential dwelling units shall be controlled by the dimensional standards of the C-3 district, together with the specific requirement that in no instance shall the residential uses exceed 50 percent of the gross floor area of the building or the density permitted under the growth management planL g. Building height may not exceed two stories; h. Each residential dwelling unit shall contain the following minimum, floor areas: efficiency and one-bedroom. 450 square feet; two-bedroorn, 650 square feet; three- bedroom, 900 square l~et; Page 38 of 174 Words struck t!'a~:)tvgh are deleted, words underlined arc added i. Thc residential dwelling trails shall be restricted to occupancy bb' tile owners or .j. A nlillilntlll! ,~)1' 30 pcrccllt of thc mi\cd usc dcxcMpmcnt shall bc maintuincd as IIhCkJ ii) salisl} sx LIIcI' IIIiIlILIgCIIICll[ I'Cqllil'CIllCI/IS; J~H/tJsci~pcd ill'ellS[ rccl'cztlJoB tlI'C[IS[ ~ctbllcl, arck~s nol co~crcd xsith impcrxi,ms surface or used ft}r pm'kil~g (l~arl, ing lot k. Thc mixed commcrcial/rcsMcnlial structure shall bc designed to enhance compatibilit5 of thc commercial and residential uses through such IIIC~tStll'Cs ilS, but lltll limited m. minimizing m)isc associated wilh commcrcizfl uses; directing commercial lighting ~xxa5 fl'om residential units: and SCl, m'aling pcdcstrLm ulld ~cllicul~,' tO I 'Xh)tion IfiCturc thcatlcrn, except drixc-m 17,'432). tt. __2. l)crmittcdl2crs\mulscrvices, vidcorentalorrctailuscs(cxcludingdrugstorcs x~ ilh more th;m q.O(}0 sqtktrc I'cct t)l'gro~s tl[,ur m'ca in tlc princip;d ~tructurc. t5 13. l)crmittcd I',.)t)d scr~icc (eating places) uses with more than 0,00[} square I'cct uf gross i]t)t)r 'all'Cd ill th,,: t)rincipal 5, tl'tlCttlrc. t3: 14. l'crmittcd use ~xith Ic~,s thml 700 square feet gross floor area in thc principal >,lructtH'c t4. I 5..':'goup kilchcns. ~l~ dct'incd b5 this Cm.te. 16. Voculional schools (8243--8299). 17. ,,'kn,, t)thcr intermediate commercial usc \\'hicJl is comp're'able in nature xxith thc I't)rcg,oing list of permitted uses and consistent ix ilh thc pcrmitlcd uses and purpose and intcnl ~tatemcnt of thc dislrict, as determined b5 the board ,.)f zoning appeals. 2.2. I-1.-1.3. ,1/imm./. r~/nl rCtlttircmu¢/L¥. 1. b)'u¢zlyw'd. 25 feet or one-half of the building height as measured fi'om grade, whichever is Ibc greater. Yard t?,equiremenls tbr public schools. a. For principal structures: 50 feet fi'om all property lines. b. For accessory_ structures: 25 feet from all ~PJ32perty_li~D_cS.. 2.2.15.2.1. I. 4. Ancillary Plants. Permitted uses. Unless otherwise provided lbr in ti'tis Code, all permitted uses in the C-3 commercial intermediate district. 4:. 5..~. Automotive dealers and gasoline service stations (groups 5511, 5531, 5541 with services and repairs as described in section 2.6.28, 5571, 5599 new vehicle~ only). .~. 6_..~. Automotive repair, services, parking (groups 7514, 7515, 7521 except that ti'tis shall not be construed to perrnit the activity of "tow-in parking It)is"), and carwashes (group 7542). provided ti'mt carwashes abutting residential zoning districts shall be subject lo thc following criteria: F'age 39 of 174 Words sir'ack tlu:mgh arc deleted, words ~,j3_d__c_r. Li!!_C_t~t are added Size q~ velzic'les. Carwashes designed io serve vehicles exceeding a capacity raling ct'uno loll shall not be alloxxcd. 2. .~,hh, vw'd ~,:th~,_.k 4ti IL. cl. 3. R,'w' ~,o'd.selhac/c 40 feet. .llhzimum/h,mz,g~'. A carwash shall not be located on a lot with less thml 150 iL'et of fi'ontage on a dedicated street ~' highx~a5 . ti. /.,[ .sz_-'e. Minimunl 18,000 squurc feet. I'L'ncc, rcquir,:m~'nl.s If a carwash abuls a residential district, a masonry or cquix iilcxll xxall cotlslruclcd with a dccoralivc lSnish, six IL'el in hciglxl shall bc erected tlJoIlg thc lot linc Ol~positc lilt residential district iXlltJ lJlc Icl Imcs perpendicular to thc lot tines opl~osilc thc rcsidcmial district Ibr a distimcc riel than 15 I~cl. qhc xxall sl~all be located within a landscaped btll'l~'r its spccilqcd in section 2.4.7. All walls shall bc protected b5 a barrier to prevent chicles I5'o11/comacxing them. .Irch//~'c/z,'e Thc building shall maintain a consistent architcctt,ral theme alon,.z each buiMin,, l'ilcildc. ),cz.sc. A car',,.ash slmll bc subject to ()rdinance No. 90-17. Collier ('t)tlillx, Nt)isc Coxitrol t'~rdimmce I<'ode ch. 5-1, art. IX,,' J. h. il'~¢.vlmLg wM i,olixhi,,t~. Thc ',vashing and polishing operations Ibr all car ~sashing facilities, including scllZscrvicc car xxashing facilities, shull bc cncloscd on at least two sides arid shall be covered by a l'ot)f. Vacutuning fitcilitics may bc located oulsidc thc building, but may not bc Iocutcd in an> required ylll'd ill'Ca. lhuw.s' q~ OlWralion. Carwashes abutling residential districts shall bc closed l?om 10:00 p.m. to 7:00 a.m. 7_. Building materials, hardware and garden supplies (groups 523 I--5261). 7: 8~ l:lusincss services (groups 731 I--7~>_, 7359 except airphmc, industrial trnck, portable toilet ami oil field cquipmcul renting and leasing, 7361, 7381, except tu-morcd car and dog rental, 7382--7389 except auctionccring service, automobile recovery, uutomobilc repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, lblding and refi)lding, gas systems, boltle labeling, liquidation services, racial slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or powcrlinc inspection, press clipping service, recording studios, repossession service, mg binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking mxtilcs, solvent recovery, sponging textiles, swimming pool cleaning, tape slitting, texture designers, textile folding, tobacco sheeting aud window trimming service). 8:. 9_=. Commercial printing (2752, excluding newspapers). ~. I 0__~. Communications (groups 4812--484 I) including communications towers up to specitied height, subject to section 2.6.35. 40. 11__= Eating and drinking establishments (5812, 5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the Iocational requirements of section 2.6. I0. 12. Educational Plants. 44. 13__.~. Educational services (8221, 8222) 4-2L. 14__= Engineering, accounting, research, management and related services (groups 871 I-- 8748). 4-3:. 15.__:. Food stores (groups 541 I--5409). Page 40 of 174 Words str-uek41,a-,otvgh are deleted, words _t!~A_deA'!j~3ct~t arc added 14: 6. (;choral merchandise qorcs [531 I). i5-. '7. Group care facilities (catu~ory I ami II. except for holnclcss shchurs): care units, except cji. :~,~-5 J ,~ L'.~ alld CoilllllLlJl~ C~II'C ]'clH'clIIClIi ColBIIILtllJlics I~III'SHtIIII to ~ ()~ J J".~ ~llld CJI. JO: }~. l leahh scl-vices (groups 8051--8059, 80,32-8069. 8071--8072 and 8092--8099). I7. I~: Ileitis and motels (groups 70l I, 7021, 7(}41 x~hcn located xx [thin au activity comer). I g. 2(~}: Marinas (4493, ,4499 except canal operalion, cargo salvaging, ship dismantling, lightcragc, marine salxaging, marine wrecking, steamship leasing), subjccl 1o section o ~-). 19 ~ !; Miscellaneous repair serxiccs (groups 7622--764 I, 7699 except agricultural cquiprncl[t repair, axxning roi)air, beer pulnp coil cleaning and repair, blacksmith sJ/ot~s, catch basin., SCl)lie ILIHlx Lind cc~spool cleaning, coppersmith[rig, farm IIILIcJlilICI')I'cpair, l]l'c cquilmlCUl rclxm'. l'urnacc and ch[tonex cleaning, industrial truck repair, z t I ncr) clcmlint), repair of scrx icc Miitlt~ll cqt~ipmcni, bo[Jet cleaning, liilsinilhing, tliJcltH' rcl~im'). ' . ) I_-_ 6.2, 5992-59Ut)). zU. ~. Miscclkmcous retail (groups St ') ':.9 ' _24.~3= Nlotionpicturethealcrs '2~. 2~. I'ublic or pri,,atc parks and playgrounds. ~' -~q l'cr,,,omd scr'~ iccs (groups 7215, 7217, 7219, 7261 cxccl)tcrcmalorics, 7291--7299). 24:2(~. Real cstatc (group 6512 ). Social scl',, ices (groups 8.~__--g_~ ). cxccp! 1hr homeless shelters and Sellt) kilchclls). 26: 2_8: IP, cscr~cd.l _2'7: ~!)_: Vocational schools (groups 8243--8299). 2.2.15.4.3. ,lh't~im~int )'f#'d ruqtiiremenl.¥. 1. b)'on[ yru'd 25 feet or one-half of the height of thc building as measured l?om grade whichever is the greater. Structures 50 l~ct in height or greater shall maintain u minimum of a 25 lk)ot front 3m'd setback and shall be required to provide an additional one lbot of setback Ibr cacl~ lbot el'building height in excess ol'50 J~et. Yard P, cquirements lb[' public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 2.2.15 1/2.2.1. Permitted uses. I. Unless otherwise provided lot in this section, all permitted uses in the C-4 general commercial district. 2. Ancillary Plants. -2= 3_: Auctioneering/auction houses (groups 7389, 5999). ~ 4_..:. Automotive dealers and gasoline service stations (groups 551 I--5599). & 5_.:. Automotive repair, services and parking (groups 7513--7549)~ provided th~ll carwashes abutting residential zoning districts shall be subject to the lbllowing crileria: Page 41 el' 174 Words struck t[mmgh are deleted, words t!!!~.!g!Jj!!ct_! are added a. [St-_e q/'vchiclex. ] Carwash designed to serve vehicles exceeding a capacity raling of one Ion ~hull noI bc alloxxcd. c. .tlini,zum/r(-mL~c'. A carxsash shall not Dc located on a lot with less than 150 fort of d. Lot xi:v. Minimum 18.000 square liect. c. l.'enc'u ruquirt, mL'nL~. If a carwash abuts a residential dislricl, a mastmry tn' cquivaJclH wall construclcd xs ith a dccoratisc 15hash. six l~cl in height shall be creeled ilJollE lilt ltd linc opi)ositc Ibc rcsidcmial district and thc Iol lines perpendicular lo lhc lot lines tq)l)t)sitc Linc rcsidcl~lial dislricl Ibr a dislancc not less than 15 Ibcl. Thc wall shall bc Iocalcd xx ithin a lalldscilpcd buflkr ;~s spccilicd in section 2.4.7. Ail walls shall he iwolcclcd b) il harrier to prcxcnt vehicles l'l't)~ll Ct)l/lilClillg lJ/c]B. ./ ..I/'chitec'ture. The building shall maintain a consistent architectural lheme along each building t'acadc. g..\'oi.~'c .,\ carwash shall be subject to ()rdimmce No. 90-17, Collier County Noise ('tmtrtd ()l'dhlilltCC {(?t)d¢ ch. 54, ill'|. IVl. h. II'a.~hm,g and t~o/~.~I in?g. lhc ~,ashing and polishing operations for all car ~ashing futilities, including sell%crvice cur washing facilities, shall bc enclosed on al least two sides and shall be coxcrcd by a roof. Vactmming facilities ma> be located outside thc building, but max ILL)| be Iocaled in any required ) ill'd all'eLl. i. thmr.¥ q~ o?cr~at'on. Carwashes abulting residential districts shall bc ch)sod from 10:00 p.m. to 7:00 amt. 6_. Building construction--General contractors (gioups 152 I--1542). Building materials (groups 521 I--5261 ). 7F 8~ Bt, sincss services (groups 731 I--7353, 7359, 7389 contractors' disbursement, directories- telephone, recording studios, swimming pool cleaning, and textile designers only). 8: 9= Construction--special trade contractors (groups 17 I I-- 1793, 1796, 1799). 2. IMt, cational Plants. ~ 1 I~.. Education services (groups 8243--8249). only). 44~. 13__~. 4&_. 14_._=. 4&. 15___, 44. I 6.._._~. ~ 17._=. 4-0:18. 4--7q. 19~ 4& 20___:. to an)/ Motor freight transportation and warehousing (4225 mini- and self-storage warehousing Fishing, hunting and trapping (groups 0912--0919). Glass and glazing work (1793). Crematories (7261 ). Justice, public order and safety (groups 921 I, 9221,9222, 9224, 9229). Local and suburban transit (groups 41 I I--4121). __ Mobile home dealers (5271). Miscellaneous repair services (groups 7622--7699). Outdoor storage yard, provided outdoor storage yard not be located closer than 25 feet public street and that such yard shall be completely enclosed, except l:or necessary ingress and egress, pursuant to the requirements of Section 2.2.15 I/2.6 of this Code. This provision shall not allow as a permitted or accessory use, wrecking yards, juukyards, or yards Page 42 of 174 Words struck thiqmgh are deleted, words t, ndcrlincd arc added used in whole or pan for scrap or salwtge operations or lbr processing, stora~, display, or sales of any scrap, salxagc, or secondhand building mmcrials jtmk automotive vehicles, or sccondhalld atllolllOliX C vt]licit p~ll'ls. {~:2L Printing. publiM~ing, and allied indusn ics (groups 271 2721). ~0.22. Iran~portationscrxiccs(groups-4724--I ] . ?Cl'llllllt'c[ 1l.~,'~'¥. I. Agricullural services (groups 071 I, cxccpl fl~al chemical ll'eklllllCIll t}l' soil lk)t' crops, l~rtilizcr applicalion lbr crops and lime spreading lbr crops shall be a minimum of 5oo l~ct from a resideiHia[ zo]lillg distl'iCl~ 0721~ CNcopT thai aerial dtlstillg and spruyhlg, disease control fin' crops, spraying crops, dusting crops, and insect control lbr crops (with or xx ithoul l~rlilizing) shall be a minimum of 500 l~el fi'om a rcsidcmial zoning dislricl, 0722 0724, 0761, 0782, 0783). _. ,_~1 I 2399). ~ Apparel and other linishcd products (groups ~' 3. AncillarZPlants. 3: 4~ Aulomotive repair, service, and parking (groups 7513 7549). 4.: 5. Barber shops (group 7241 ). ~ ~: Bcauly shops or salons {,7231 ). ~ 7~ Building construction (groups 1521~ 1542). ~ 8~ Business services (groups 7312, 7313, 7319, 7334---7336, ?342 -7389, including auction rooms (5999), su(ject lo parking and landscaping ]bt retail me). ~ 9= Communications (groups 4812 - 4899 including communicalions towers up to specified heighls, subject to section 2.6.35). ~ 10~ Construction~Special trade contractors (groups 1711--1799). 4~. l l__~. J,-l~. l 2__:. 4~. 13. ~ 14__: 4-4: I 5__.: ~ I 6__~, 8748). ~ 17_:. Crematories (7261 ). Depository and nondepository institutions (groups 6011--6163). __ Eating places (5812). Educational services (8243--8249). Electronic and other electrical equipment (groups 3612--3699). Engineering, accounting, research, management and related services (groups 87 Fabricated metal products (groups 341 I--3479, 3491--3499). Page 43 of 174 Words struck thvmvgh arc deleted, words tmderlincd a,'c added I 17. 18_. Food andkindrcdproducLs(~roups2011 20ggcxccpt~laLi~i~lcrin~ J~: I g. I:LLI'IliiLIre Lllld I~XtLiI'~S (~l'OLlpS ~5] l Iq: ~. (]C~lCl-aJ a~ iation uirporL 2(~. 2~: (~LIIISI~IJtH Sloops (~roups 21: ~. i lear) construction (group~ 1611 1029). 22. ~.: l lcaJth scrx ices (801 I accessory to industrial aclivilics ctmduclcd ol~sitc 23: 2.4. Industrial and commercial machincr} and computer cquipmcnl {351 I 3599). 24. 25. Itls[llilllCC ilgcllls, bl'okcrs, alld service, including Tillc Insurance ([[rotlp {~3o1 illld 25. ~(2: l,calhcr alld Icalhcr prodtlcls (groups 313 I 3109}. ~,:27.1x)calm~d~uburbantransit{groups4111 4173). 27. ~ ' 2'19(t i. =~ l.tm~bcr m~d wood products (~'OtlpS 2426, 2431 28. ?. N, lcasuring, anal)zing, and controlling instruments; photographic, medical and optical 2¢: 3([: Membership organizations (groups 8611, 863 I). 30: }!.: Miscellaneous manufacturing induslrics [groups 3911 3999}. ~t: 32~ Miscellaneous repair services tgroups 7622 7699) with no associatcd retail sales. 3& 3~: Molor freight transportation and x~,arehousing (groups 4212, 4213 -4225, 4226 except oil and gas storage, and pctrtflctHn ired chemical bulk stations). 33: }4. ()utdour sh)ragc )al'ds pursuant to thc requirements t)f section 2.2.151:2.6. 3& 35~ Paper and allied products (2621 ..... 2679). ~ 36~ Personal services (groups 7211~7219). ~ 37. Physical fimess fiicilities (group 7991). 37: .3~: Prinling, Imblishing alld allied induslrics {groups 271 I 2796). ~ 3t2: Railroad Iransporlation (401 I, 4013). 30: 40. Real cstalc brokers and appraisers {653 I). ~), 4 I~ Rubber and miscellaneous plastics products (groups 3021 3032, o0. ~ 42~ Shooting range, indoor (group 7999). ~ 43. Stone, clay, glass, and concrete products (groups 3221, 3251,0_53, 3255~-3273, 3275, 3281). ~ 44. Textile mill products (groups 221 I--222 I, 2241 ~2259, 2273~2289, 2297, 2298). ~ 45~ Title abstract offices (group 6541 ). ~ 46. Transportation equipment (groups 3714, 3716, 3731, 3732, 3751, 3761, 3764, 3769, 3792, 3799). ~ 47. Transpoaation by air (groups 4512 458 I). ~ 48. Transportation services (groups 472~783, 4789 except stockyards). ~ 49. United States Postal services (4311). ~ 50~ Welding repair (7692). ~51. Wholesale trade--Durable goods (groups 5012---5014, 5021--504% 5063 5092, 5094--5099). Page 44 of 174 Words slvt~kqh[ough arc dcletcd, words underlined arc added ~ 52__~ Wholesale trade nondurable goods {groups 51 I 1 5159.5181,5182, 5191 except that x~holcsalc distribution of chemicals, fcrlilizcrs, insecticides, and pesticides nltlSt be a llJJII~IIILJJll L)J' ~()() lbcl ['FL}Ill LI l'c~JdcnlJHJ /onill~' diMi-Jcl (5 J()~ ~l~)Q} 2.2.10.4.3. ,~ h'uimum r~u'd r u¢llllrulllulll.¥. Ta[d_ !.~_q!_~iL'.,:LneL~t~ !~2' public schools, .Sec. 2.2.17. Couscr,,alion I)islrirl (('ON I)islri¢l). 2.2.17. I. I'lli,ll'OSl'2 ANI) INTENT Ibc purpose m~d intent of thc u.(_'_on,servalitm dl)_islrict ICI ;N l~s3!'i~!) ~s Io co1/5c1'~ u. protect and mainlain vital natural rcsom'ccs x% ithin unincorpuratcd Collier ('ount5 that arc oxvncd primaril) by thc piblic. All native habitats possess ccoloeical and phx sical characteristics that ~SJl}' akt~n~pts lo maintain tllcsc im~or~t2p_[ pa~m'z~l Islands. coastal baxs. xxctlands, and habitat lk)r listed species deserve particular attention because ol'thcir ecoltmical value and their scnsitivily to perturbation. All proposals for development in the CON District inust bc subj~c~ t(~ rjgorous review to ensure that the jBlpacls of the development do not dcsm)v or unacceptably dc~rade the inherent fimctionalvalues. The CON district includes such public lands as Everglades National Park, Big Cypress National Preserve, Florida Panther Nalional Wildlife Refuge, portions ot'th~ Big Cypress Area or'Critical State Concern, F'akahatchcc Strand State Preserve, Collier-Seminole Stale Park, Rookery Bay National Esluarine SinlCltlill'y Rostra'ch Reserve, Dclnor-Wiggins State Park, and the National Audubon's Corkscrew Sxvamp Sanctuarx k~'i~atclv ox~ned), and C.R.E.W. It is thc intent of thc CON dl2istrict to require rex. iow of all development proposed within the CON d~istrict to ensure that thc inherent wduo ol' Collier County's natural resources is not destroyed or unacceptably altered. The CONdDistrict con'esponds to and implements the conservation land use designation on the fiture land use map ot' Ibc Collier County growtl] management plan. q'~"~ m~Oensky -~; ..... ; , ~ ~.provided in the cons~~i~dct otqh~m~and use element o~ t~-gm~tl~anage~ 2.2.17.2. PERMblz:Flgi) AI,LOWAIII~E USES. The lbllowing uses arc |mFmitted as of righl, or tis uses a,ccessory ti} permitled ~.tses; a!lovvc_'s! in the ('()Iq !)is!!'ict. 2.2.17.2. I A. USES PEP, MITTED AS OF R. IGIIT. 1. Publicly ',~wned parks On privately held land only, single lhmily dwelling units, and mobile homes where the Mobile ltome Zonint~ Overlay exists. 2. On publicly and privately held lands only, dormitories, duplexes and other W_pcs 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: ~..a__. Oopen space and recreational use~.; b..~. It. biking, hiking, canoeing, and nature traila; c_. E, equestrian paths:.; and Nnature preserves and wildlife sanctuaries. 4. Habitat preservation and conservation uses. 5. Fanlily and Group Care Facilities. 6. Sporting and P, ecreational camps incidental to Conservation uses on pub'lic lands;32~ on privately held hinds, Page 45 of 174 Words slmc-4~hrot'-gh are deleted, words underlined are added 7. Agricuhural uses that fall within the scope of Sections 163.3162~4) and 823.1_4(6) ~:b_':()il and gas cxphu'alion sul~jcct to state drilling permits and Collier Cotlnl)' s.!lvirp[lll}~[l[al silo dcxclopmcnl plan rex icxx p~occdm'c~. ~)i!'cctitu![~[-sh'jlliug ~Jnd saliM]cd [ po [ _55P;_[l]gg 9 ' I 5[0}P pq['[{}i} in gompli~u~cc will] t[}c ql-itcr}a s~St~d*lishcd thc Big~kSprcss Watershed, as defined in Rule 62C-30.001 ~), F.A,C. All Bt~licablc 'olicr Cotmtv environmental ermittin,, re uircmcnts shall be considered salisficd b cx idcncc of the issuance of all applM, ble iDdcral and/or stale oil and ~pcrmits ~pposcd oil and ~as activities in Collier Cotmtx~t&lot~g as the state p~rA~2i[5 S}pU_!plv with ~[~ r~fluircments of Chapter 62C-25 through_()2C-30 F.A.C. For those areas of COllStructcd and ~roloclod frolll tHlauthoriTed uses itccol'din~ ~o Ibc standards cslabhshcd ill 9 Ibc follo~x ine [~.ssential Scrx. ices: a. Private wells and s_gplic Tanks necessary to SOL'Vt uses identified ill I throueh 8 b. Utilitx lines necessary to serve uses identified in l throu,2h 8 abovc,_x~_'i!l/&l!_c ~xg.~p[io_!! 9!' s~x_xlg!' c. %ewer lines ancl lift stations if all of the following~CL'it_cL'ii3_ iU'c~sa~isl~c~!: Such sewer lilies or lili stations shall not be located ill an3/_N_l_~ld,:5 l,ands ill the CON Dislricl: Such sewer lines or lift stations shall be located with ah'ead~ cleared porlions of exislin< rights-or-x~ a_3 _or easemcnls; (3) Such sewer lines or lift stations are necessary lo serve a central sewer svstem that provides service to Urban Areas or lo the Rural Transition Water and Sewer District. d. Water pt, roping stations necessary to service a central water system providin_g service to th'ban Areas and,'or lhe Rt, ral Transilion Watt,' and Sewer l)islricl. =2-:2.17.--.a~-. _B_. USES ACCESSOP, Y TO PERMITTI!D USES. Uses and structures tho! arc accesser) and incidental to uses permitted as of righl in tile CON district. _2._O-:l-gG,- C. CONDITIONAl, USES. The tbllowing uscs arc permitted als condilional uses thc eonse~va'do~dist,Ac4 CON, subject lo tile standards and procedures eslablishcd ill division 2.7.4 ~_~p~.l'_u_!'t!!_cr. sU~cc.t__to: 1~ submission of a that demo,lstrates that wetlands, listed species and their habitat are adequately protected; and 2) conditions which may be imposed by the Board of CounW Commissioners= as decreed appropriate, to limit file size, location, and access to the conditional use. 2. Churches and houses of:;'orship. 4. Schools. -7-,.1 Oil and gas field development and production, subject to state field development permits and Collier County non-envirom'nental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized ill order to minimize impacts to native hobitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance ()fa state permit in compliance with tile criteria established ill Chapter 62C-25 throu=b 6____((j-~_O~ I.;'.=A_:C_,~. rggilrcJlg~5 ~2(whg!hc!' Page 46 of 174 Words sa,oink th~wagh are deleted, words tmdcrliucd arc added tile actMly_gccurs wilhin thc Big Cypress Watershed, as defined in I:_~.A.(~: _,~1[ applicable Collier Counl7 environmental ~rn!juh~rc~!irc]!!~tl[5_sha[[ pcr}l~it5 9mlpl5 wilh lilt 'cc t 'Clnents o[CJlaDlcr Ow('-3q throtmh 6%'-~0 I-'.A,C. I:or ~s scl lbrth in Section 377 42, F.S., io assure con~liancc with Chair 62C-25 throtmh 62('-30. I:'.A.C. ex'ch il'outsidothedcfincdBig_(j, sprcss Watershed. All oil and aas access 2. lilt)sc Essential Sersices set Ibnh in Section 2.6.9.2.B. C'omn~ercial uses accessorLt.2permitted uses A..3,_A_._4_, zd~j_d__A.~7 al~iLv.~: 5ut!! aD !'s~lajl lc5 ~_2[' P[~PJUc-q_tjcc.~5-$-'gJ'5 t_~_L!hrm il!~,, o~'_i!.YC~lLra~!k~g-c55P[Y-~5~ ~ pa[}i ~[. p!'~c}'l~: 5q 4~ hta_t'l_' t?_u_si3~ j!t_ct2!~junction wilh salbty_s£]j'z,_ic~eJhc_'j!i2jc~ss.a_~!cJ cD_scn_2j~![5_cr_yjcc~. 1.2, t7~4~ 2.2.17.3. DESIGN (?RITI~;RIA. A. I)IMI(NSIONAI, STANI)ARI)S The lbllowing dimensional standards shall apply Ltl all perm ittcd a[]d acccssoU uses in thc conservation district {C()N). 2,_~_t7-,4:1. :lli~imum lot w'ea Five ae~s: Each dwelling_~nit, other than lbr stal'f housinu ~.Sporl~g and recreational Calnps, llltlSt be.~dlx situated on a minimum five acre parcel cxccl~3vithin thc Big_Cypress National Prcscrv% where e~Lch dwcllina unit must bc phvsicallx situated on a minimum 3 acre ~:~k ex!cpi li)[' those [~al nonconlb'minu lots 2[_parcels in existence its o[ June 22, 2002, oF less than five acres outside of thc Bi~ (_}zprcss National Preserve and oF less than 3 acres within the Big Cypre55.~j[i3~]j~21 Pl'cscrvc. ~.:~Ag:4:2. Jh'~;imum Jot widl/~. One lnmdrcd l]fiy l~ct. ~I~3..~ h)~imum yard requiremenlx. ~a= Front yard. 50 tbet. ~b~Side yard. 50 lbet. &c~Renr yard. 50 l~et. 2.2.17.4:4. ,lfitximum height. Thi~%,-five l~et. 2:g=[W~5: B~ MAXIMUM [)ENSFFY AND INTENSITY. I. Sin~ Ihm(ly dw~lings and mobile homes ~ a= One dwelling unit lbr each live gross acres or one dwelling unit lbr each legal, nonconlBrming lot or parcel in existence as of June 22, 2002 of less than five acres, except within the Big Cypress National Preserve. 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 Juue 22, 2002 of less than 3 acres, ,,,m,:., ,h~ n;,, c ......... x~,i .... ~ ~ .......... ~ 2. Family Care Facilities: I unit per 5 acres. 3. Group Care Facilities and other Care Housing Facilities: maximum floor area ratio not to exceed 0.45. 4. Spoaing and Recreational Camps: I lodging unit per 5 gross acres, which may be achieved through clustering. 5. Staff housing: I lodging unit per 5 gross acres, which may be achieved through clustering. ~2. !7.4.5. C~ OFF-STREET PARKING. As required in ~division 2.3. 2.2. !7.,~.7. I)~ LANDSCAPING As required in l~division 2.4. Page 47 of 174 Words struc&qh~t are deleted, words t,.!~grJilDgO are added t~. SIGNS. As required in l_)_division 2.5. 2.2.18.2. I. /'t'rmll&'c{ ttsL'x. 't. Adminisu'atixc service facilities. 0.7. Iisscnliall)ublicserxicc facilities. 7.~. Fairgrounds. tO: t0 Nlu~ctmls. tO: II. ]'ark and recreationalscrviccfacilities. tt, 1~2. Parking facilities. t2. [~, Sitfct3 service thcilitics. t-3: !_4: Any other public strucltlrcs and uses which arc comparable in nature xvill~ thc foregoing LISCS. 2.2.18.3. ('ouditi~,zM u.vc'x. Thc following uses arc permissible as conditional uses in thc tmblic usc district (I)), subject l~) thc standards and procedures established in division 5~gti~[l 2.7:1: I. Airports and parking lhcilities. =.~ Ancillary Plants. ~:3. Animal control. & 4~ Detention lhcilities and jails. & 5~ Detoxification lhcilities. & 6~ Electric or gas generating plants. & 7~ Incinerators. ~ 8~ Major maintenance and service facilities. ~ 9~ Mental health and rehabilitative facilities, not for profit. % 10. Resource recovery plants. ~ I l~ Rifle and pistol range for law enforcement training. ~ 12~ Sanita~ landfills. ~ 13~ Any other public uses which are comparable in nature with the foregoing uses. ~ 14~ Ea~hmining. 2.2.18.4.3. Minimum yard requirements. The yard requirements of the most restrictive adjoining district shall apply to all portions of the site within 100 feet of the adjoining district. Page 48 of 174 Words struck thr,';ugh are deleted, words t_[!lderl)!~_d_ are added Yard btequircments for public schools. a. I:or principal structures: 50 l~ct fi'om ull ~opcrtyJ~D~5. 2.2.19.2.1. I. Child care centers. 7. Public. pri'~ttc and parochial schools. 2.2 19.3. ('~;tdil;'~J;zr;/tt.sc,.~' Thc following uses arc permitted as conditional uses in IBc community l~cilit) di~lrict (('l:), ~Hl~jcct to thc sta~ld~H'ds at~d proccduFcs established in divisio~ section 2.7.4: I. ,,Nnciltarx' Plains. t: ~= ,,&rchcr5 ranges. _..~. Cemeteries. ~;~= C'ommtmil5 centers. 4: 5. (loll'driving ranges. 5: 6= (iroup care tk~cility (ca~tcgory II, care unit), su[~jcct to section 2.6.26. ~ 7~ Marinas, boatramps. ~ 8~ Private clubs, yacht clubs. ~ ~ Public swimming pools. ~ 10~ Tennis thcilities. 2.2.19.4.3. A li~lilnltnl ),ard i'eqtlirenletlt.s'. I. I"l'o~ll 3'~trd. 25 feet. Yard. Requirements for public schools. a. For principal structures: 50 feet from all property lines. b. For accessory structures: 25 feet from all property lines. 2.2.20.7. Special requirements for public school facilities within a planned unit development. 2.2.20.7.1. Permitted facilities. Pt~ge 49 of 174 Words stFtmkqllr,~ugt} tire deleted, words _tljl_tlc!'li~lct! ~trc addcd 2.2.'/-7 i,lul'al Lands Stewardship Area Overlay District l)esi~n Standards ..... '7._ l)ct]ifitions. As uscd in thc [?,I~S/\ District I,[cgulutions, ll}c ici'ms bclow shall have thc I.. IL'L'L:?~',',/'J' /_.}Ti t*///_!!.~ ['~Ii[_ ii dx~_c[!ing ul3i! !!i!!t is SUl!l'!lc!m:mla! and subqrdinatc I.o ii prinnu') t: 2. /h/.~,/im, .wwuh/r~/~'- I?,asclinc standards are thc allox~ able uses, dcnsity, intensity and other land dcxclopn}cnt regulations assigned to land within thc RI.SA Dislrict by tim (iMP, Collier Count} l.and Dcvclopmclu Regulations and Collier County Zoning Regulations in cfi'cc{ prior to .hilx 25, 2(}00, and subject to flit further provisions of section 2.2.27.8. 3. Bui/Jing tle/~l_ - P, efcrs 1o the vertical extent ora buildiim. Buildi_13tt heiehl is illcastlred in 4_. Bttih/ing tlei_~h!/o S/ret! W/d/t? Rritio - The maximum heiuht of the tfllest buikting divided by ti!s! x3.'_c_t[!332 f_t 13251 r_c_ct_._. '_l'lj_c s~t icc e~t -~'~idjt! iA t h~c _4d i~t~!) c c_h_c t wcci_L m.~'t2 I2_u_i [_d_i i)_g. !}!_c a ~.__t ~ 5. 5. ( '/v/c' r/nd Ins/i/u/tonal [/xux Slrticltlres developed for and/'or tlsed b_3L cs__gti!12liSI3~s! oi~g'_,mizations or l't)undalions dedicated to public service or cullural activities includin,.z, thc arts, cdLication, po',crlllll¢llt and relic, ion. ~ 6_. Compact tufa~ developmenl (('RD) - Compact rural developments are a form of SRA that provide flexibility with respect to the mix of uses and design standards, butshall otherwise comply wilh the standards ora Hamlet or Village. A CRD may include, but is not required to have pcrmuncnt residential housing al}d tile services and Ihcilitics that stlpporl pcl'mancnt rcsidcms. An example t}f a CRI) ,.~ ithout l)crnmncnt rcsidcnl, hl housing is an ccolOtlriSll/village Ihal would have a unique sci of uses and support scrviccs difl~crcnt fi-om a traditional residential village. II would contain transient lodging facilities and services appropriate Icl ccc-tourists, but may not providc for thc range of services necessary to support permanent rcsidents. 7. Conlext Zones - Areas that establish the use, intensity and diversity within a town, village or hamlet. Context zones specify pemfitted_!and uses, FARs, building height, setbacks, and oher_ re__gulating elements to guide the establishment of the urban to rural conlinuum. 8_:. Designation - Application of the SSA or SRA concepts through a forinal application, review, and approval process as described in the RLSA District Regulations. ~ 9= FSA -flow way stewardship area - Privately owned lands delineated on the RLSA Overlay Map, which primarily include privately owned wetlands that are located within the Camp Keats Strand and Okaloacoochee Slough. FSAs form the primary wetland flow my systems in thc RLSA District. -5:. 10__~. Hamlet - Hamlets are a form of SRA and are small rural residential areas with primarily single-family housing and a limited range of convenience, oriented services. Hamlets serve as a more compact alternative to traditional five-acre lot rural subdivisions currently allowed in the baseline standards. 6: I I_~: HSA - habitat stewardship area - Privately owned lands delil.-leated on the RLSA Overlay Map, which include both areas with natural cimracteristics thai makethem suitable habitat for listed species and areas without these characteristics. These latter areas are inch, ded because they are located contiguous to habitat with natural characteristics, thus forming a continut, m of landscape that can augment habitat walues. Page 50 of 174 Words st-rJa~d~h are deleted, words underlined are added 12. Landmar~ Building A prominent civic or institutional buildin¢ lhat creates a sie. nilicanl commLmilx l'calure, focal p~oi_t!t__,._ojLLcr~3inaliq~_yj_s_[~. ~: [3_. l. um/uYu - ~end covur imh'ce.¥ - One of thc indices comprising the Natural Resource Jndc~ VaJtlo of Jand. x~ ith ~aJu~ a~Sigllcd b~ls~d tlpoll J~llld us~ ~nld land cover ch~ll'~lcl~l'iMJcs LIS[ll~ lilt Florida I.Lllld [ ;sc, C()vel', illld I:Ol'll/S ('Jilssil]calion S) SICIII (I:I.[]C(~S) {J:Jol'id;I [)cp;il-llllcllt oF 'J'l'allsj)Ol'lalioll 199g). I:or ptll-poscb el' assigning vaJtlcs, J;lld list and land cover codes arc~m'°upcd as lblloxx s: Group I (C'odcs '017.01 ~., _, 02 J , 02 l Group ~ (Codcs 321, 411, 411q. 4=_, 434. 439, 428): Group o- II . , )~ 52 242.243 250.200.261 310.329.330,4_,,510, 1, 523. 533, 534); and Group 4 (all othcrs). 8~ !-!: Land uxu/,n't'r (ho'erl - Permitted and conditional land uses within thc Baseline Standards that arc ot'a ~imilar type or intensity m~d that arc grouped logcthcr in Ibc smnc column on thc land I ~cMatrix. U. !5~: l.~md uxe imm'ix (muwiv) - I'hc labulation el'thc pcrmiltcd and conditional land ascs xx ithin thc basctinc standards scl Ibrlh in section 2.2.27.g.B.4. ~ ifil each land usc lax cr displayed 40~ 16_~ Lixted.vt)uc'iu.v habitat indite.v- One el'the indices comprising the Nalural Rcsonrcc Index Value. with values assigned based upon thc habitat value of thc land Ibr listed species. Index sliJilc5 afc based on documctltation el'occupied hal)ilar as c~lablishcd by thc inlcrscct d' documcmcd and verifiable obscrvalJol/s of listed species with land cox. ct idcnlilicd as prci'crrcd or tolerated habitat lbr that species, l,and mapped, using FL[JCCS, as 310,321,41 I, 425,428,434, 017. o172, 621. 6218, 6219. 624, and 630 is dccmcd to be prcl~rrcd or tolerated habitm ibr panthcr~ tbr lhc purpose el'assigning a value ibr these indices. An intersection (fiat least one data point cstablishin~ Ibc presence ol'a listed species within a geographic inlormalion system ((ilS) poi5 ~on of prcl~'rrcd or tolcrmcd habitat for thai species shall rcsuh in Ibc entire polygon being scored as occupied habitat. 44= 1~7: ,Vutural re.source index (index) - A measurement system that establishes tile relative natural resource value of each acre of land by objectively measuring six different characlcristics el' land and assiguing an index lhctor based on each characteristic. Thc sum oflJlese six factors is Iht Index value for thc land. The six characteristics measured arc: Stewardship overlay delineation, proximit.',, listed species habitat, soils surlhcc v, atcr, restoration potential, and land usc land cover. t2: _!8= A,tiura/ru.vource index ntu/~ .suriu.s (t'nt/ex Ina/~x) - Thc I)~ural lmnds Sltldy Al'Ca NattH-al Resource Index Map Series adopted as part el'tile F'I.UE. 4~. 19_= .?Vat,ii'a/resource index vcdue (index value) - The sum of the values assigned to eacll acre, derived through the calculation of the values assigned to each of lhe six characteristics included itl tile index. 20. Neighbort~ood Edge-- A defining Context Zone tllat includes tile least intcnsilv and diversity within the town. villaue or hamlet. The zone is predominantly single ihmi~rcsjs[~.~l and recreational uses. The Ncigl~borhood Edg~ be use lo 12rt~EicJ~2~[i?3sj[it2[] B_! 13g~S}j[!j[!g 21. Neighbor~rood General -- A defining Co,ltCXt Zeno that creates community_diversity with tile inclusion oF a mix of single and multi-family hous_~ne~.t.~lborhood scale aoods and services, schools, parks and other recreational uses, and open space. 22. Neighborhood Goods and Services Zone- Zone located within the Neighborhood General Context Zone. These zones are intended to provide convenient neighborhood scale retail and office use within proximity to the residential uses in order to support community walkabiitu. 44. 23. ()pen space - Open space includes active and passive recreational areas such as parks, playgrounds, ball fields, golf courses, lakes, waterways, lagoons, floodplains, nature trails, native vegetation preserves, landscape areas, public and private conservation lands, agricultural areas (not including structures), and water retention and management areas. Buildings shall not be counted as part of any open space calculation. Vehicular use surface areas of streets, alleys, driveways, and off-street parking and loading areas shall not be counted as part of any open space calculation. 24. Pathwco,- A defined corridor for the primary use of non-motorized travel. 4-5=. 25_.= Post secondary institution ancillary uses - Any use or facility owned bya public or private post secondary institution that is ora type commonly found on public or private post Secondary institution campuses. 4& ~6~ I~roximity indice.v - One of the indices conll::,rising tile natural resource index vah,c o1' land, with values assigned based upon the proximity of the land Io areas designated on tile RI.SA Overlay Map as FSA, HSA, or WRA and to either public or private preserve lands. No additkmal Page51 of 174 Words struck llm~tvgh are deleted, w,m'ds tj!!S!_e.rlj!!gLI are added 'value shall be added under the Proximity Indices for land Ilia! is wilhin an I:SA, I ISA,WP, A, or public or pri',iJte prcser',e. t3~ 27. Restoration/;otc~Htd ,~dice.¥ - One of the indices comprising Ibc natural resource index x ;duc of land. xx ilh x'alucs assigned based bod~ tlpon thc potcnlial lk~r restoration and Thc hisloric llsu~ Of CJldI';K'TCI' al' Thc lalld Lis ~1 lal'gC IlhllllllltlJ COl'l'JdOl', Ci)IIITCCIOI' xxClJilllds illld lh}x~ x~ a), x~ tiding bil-d Imbil'al. or other limed species habih~l. t g: ~: l?t'.~'loratiou zo,u - PriYatcl,,, owucd hinds delineated on lhc RI.SA Overlay MaI) thai arc tocatcd x~ ithiu 500 I'ccl of an FS,,\, but m'c not otherwise included in an I ISA or 4x)-. 29. RLX-t Di.sn'ic! - Rurrd Lanct¥ Sleu,ard.¥hit) Area Zoning OverhO, Dixlricl - Thc area generally depicted on the future land use map and specifically depicted on thc official zoning atlas map a, thc rural lands stcxvardship area overlay, including lands wilhin thc hnmokalcc Area Study boundary ol'thc Collier Count) Rural and Agricultural Area Assessment reid'ri-cd to in thc Stale of I:lorida Admildslration Commission I:inal Order No. A(~99-002. Thc RI.SA District gcncr:~lly inch~dcs rm'al lands in noi'thcast Collier Countx 15 lng norlh and Cilbl of(ioldcn (talc I':statcs. north of ibc Florida I>[mthcr Natiomd Wildlil~ Rclhgc and Big Cypress Nalional Preserve, south of thc l.cc Count5 l.inc, and soulh and ~cM of thc l kndry (7ounty l.ine. 20: _3!1. R/.,q;:l over/ay map -The map entitled "Collier Counly Rural & Agricultural Area ,.\b~cssmcm Stcxxardship Oxcrla5 Map," which idcntil'ics those areas delineated as I:SA, I ISA, \\'R,'\. rcsloi'atiol~ ./Oi~C, and t)pcn. ~ _3_1: RLS. q df.strict regulations - Collier Cotmty Land l)evclopment Code Section 2.2.27. 2~, 3_~2. ,~'oil.¥ .¥uq/m'c wuwr indic'e.¥- One or'dm indices comprising thc uatural resource index value ol' hind, with values assigned based upon soil types classilicd using thc Ik)llowingNatural Noils Landscape Positions (NSI.P)calegorics: ()pen Water and Muck Depression Soils Categories I and 5)7 Sand l)cprcssion Soils {NSI,P Catcgor5 6)7 l-'lats Soils (NSI.P Calcgory 7); and Non-Ilxdric Soils (NSI.P Categories 8, 9, and II). ~[?ecial Districts - An area dedicated for certain uses that caimot be incorporated into one or'the Context Zones. Special Districts.provide for the inclusion of unique uses and development standards not otherwise defined in a context zone. 23: 34. SI?.-I - ,5'tcu'w'dshq) receiving area - A dcsignated arca within the Ill,SA l)istrict that has bccn approved lbr thc development of a hamlet, village, toxx, n or CRI) and thai requires thc consunlption of stewardship crcdils. ~ 35. ,%;/t - Stewardship sending area - A designated area witMn the RLSA District that has been approved for the generation of stewardship credits in exchange lbr the elimination of one or more land use layers. ~ 36. Steu'ardship credit (credit) - A transferable unit of measure generated by an SSA and consumed by an SRA. Eight credits are transferred lo an SRA in exchange for the development of one acre of land as provided in section 2.2.27.10.P,.2. _26:. 37. Slewardship credit database - A database maintained by the county that keeps track of al of the credit transactions (generation of credits through SSA designation and the consumption of credits through SRA designation) approved by the county. ~ 38. Stewardship credit .~3~stem - A system that creates incentives to protect and preserve natural resources and agricultural areas in exchange for the generating and use of credits to entitle compact forms of rural development. The greater the value of the natural resources being preserved and the higher the degree of preservation, the greater the number of credits that can be generated. Credits are generated through the designation of SSAs and consumed through the designation of SRAs. 24k. 39__= Stewardship credit worksheet - An analytical tool that manually describes the stewardship credit calculation process including the natural resource index and land use layer components. The worksheet can be used to document proposed changes to the index component during the SSA and SRA designation processes. ~ 40..._~. Stewardship overlay designation - One of the indices comprising the natural resource index value of land, with values assigned based upon the designation of the land on the RLSA Overlay Map as FSA, HSA, WRA, or ACSC, or, where land use layers 1 through 3 are rmnoved, Restoration Zone. Land that is designated as ACSC, as well as FSA, l ISA, or WRA shall receive value tbr the designation with the higher value but shall not receive value lbr both designalions. 41. Stor),- That portion ora building included between a floor which is calculated aspart of the building's habitable floor area and the floor or roof next above it. Page 52 of 174 Words ...... ,. through are deleted, words underlined are added 42. Slorv, thd/' l'he designalion ora space on the upper level ofa bnildina in which lhe ,`vails at lhc eaves are zero to four feet. ;O. 4__3_. Town -'Fowns are a form oF SP, A and are tile largest and most diverse lbrm of SRA, wifl~ a l'ull ]'angc ol'housin~ l) pcs and mix of uses. Towns have ttrhal~ [CVCI services and inlYastrL~ClLn'C ~ hich StlppOl'l development that is compact, mixed usc, htlDlilll SCSI[C, and provides a balance of land usus m ruducu amomohilc n'ips and incruasc livability. Towns are comprised of sutural vilta~cs andor nui~hborhoods fl~at have indix idual idcnfi~y and charadur. 44. 7'o,'n ('enzer -A defining Context Zone that is intended ti) provide a wide ran'.z'e of uses, mcludin_gdailv am)ds and SCl'vice~,_s cuJh.'c and cntcrlainmc ~: a id 'cs dcnliaJ uses ~ ilhin a 'I'ox~r[1 (fCJllCJ' SCI'VCS LIS a transition 1o surroundina nciahborhoods. 45, ?bwn (';.'e-- A defining Context Zone within a Town. The Town Core is thc most dense and di;erse Context Zone with a fidl range of uses. The Town Core is the most aclivc area within the Town with uses mixed vertically and horizontallX. ?M-: 4_6_: l'i//~tge - Villages are a form of' SRA and are primarily residential communities with a diversity of housing l) pcs and mix of uses appropriate to thc scale and character of thc particular village. Villages are comprised of residential neighborhoods and shall inclu& a mixed-usc village center to serve as ibc lbcal point fur the community's support services and lhcililics. 47. l'illage ('enter - A definin~ Context Zone within a Village that is intended to provide a xx i dc rang~ o 1' u scs in c [Lid in u da il v aood s a n d se rvim s, ~[[[[t_lE~ aid cj g!!l~rta~ ~3 n~!!L 3lid rc~id~!!!i;AJ tlbCS. -3~ 48~ 11't?.-1 - II'aler releHllotl rlrerl - Privately owned lands delineated on the I~,LSA Overlay Map, that have been permitted by the South Florida Water Management District to function as agricultural x~atcr retention areas and that provide surlhce water quality and other natural resource valtlc. 2.2.27.1(}. SP, A DESIGNATION G. Master plan. To address the specifics of each SRA, a master plan of each SRA ',','ill be prepared and submitted to Collier County as a part of the petition for designation as an SRA. The master plan will demonstrate that lhe SRA complies with all applicable grmvth management plan policies and the RI,SA District and is designed st) Ihal incompatible land uses arc directed a,`~ ay fi'om lands identified as FSAs, 11SAs, WRAs, and conservation lands on thc RLSA overlay map. 1. Master plan requirements. A master plan shall accompany an SRA designation application to address the specifics of each SRA. The master plan shall demonstrate that thc SRA is designed so that incompatible land uses are directed away fi'om lands identified as FSAs, I tSAs, WRAs and conservation lands on thc RSLA overlay map. The phm shall be designed by an urban planner who possesses an AICP certificalion, together with at least one of the tbllowing: a. A professional engineer (P.E.) with expertise in the area of civil engineering licensed by the State of Florida; b. A qualified environmental consultant persecticn Division 3.8 of the LDC; or c. A practicing landscape architect licensed by the State of Florida. J. Design criteria. Criteria are hereby established to guide the design and development of SRAs to include innovative planning and development strategies as setforth in Chapter 163.3177(I I), F.S. and 0J-5.006(5)(I). The size and base density of each £ornl of SRA shall be consistent with the standards set forth below. The maximum base t'esidential density as specified herein for each form of SRA may only be exceedM through the density blending process as set forth in density and intensity blending provision of the Immokalee Area Master Plan or through the affordable housing density bonus as referenced in thc density rating system of the FLUE. The base residential density is calculated by dividing the total number of residential units in an SRA by the acreage therein that is entitled through stewardship credits. Page 53 of 174 Words struck-thmt~gh arc deleted, words underlined are added The base residential density does not restrict net residential density of parcels within an SP, A. The location, size and densib of each SRA will be determined on an indi'~,idual basis, subject to the regulations below, during tho SRA designation review and approval process. I. SRA Characteristics. Characteristics lbr SRAs designated within Iht RLSA district have been established in the goals objectives and policies of thc RI.SA ovcrla5. ,,\11 NIL,ks designated pursuant to this section shall bc consistent xxilh thc characteristics identified on file Collier COLIIll) RI~SA Overl% SRA Characteristics Chart and the design crikq'Ja scl Ibnh in 2. through 6. below. a. SRA Characteristics Chart Collier County RI.SA Overlay SRA Characteristics Chart Typical Town* Village Hamlet Compact Rural Development Characteristics Size (Gross 1.000--4,000 acres 100--1.000 acres 40--100 acres~ 100 Acres or less** Greater than 100 Acres'* Acres) Residential 1--4 OUs per gross acre*** 1--4 DUs per gross acre*** 1/2--2 DUs per gross acre*" 1/2--2 Dus per gross acre*** 1--4 Dus per gross acre*** tIIits (DUs) per gross acre base density Residential Full range of single family Diversity of single family and Single Family and limited Single family and limited Single family and limited Housing Styles and multi-family housing multi-family housing types, multi-family multi-family~** multi_family~ types, styles, Jcl sizes styles, Icl s~zes Maximum Retail & Office- 5 Retail & Office- 5 Retail & Office- .5 Retail & Office- 5 Retail & Office- 5 Floor Area CiwclGovemmental/InstJtullo Ciwc/Governmental/Institutio Civic/Governmentaltlnstitutio Civic/Govemmental/Institutio Civic/Govemmentaltlnslilulio Ratio or n- 6 n-6 n- 6 n-.6 n-.6 Intensity Manufacturinglbghl Industrial Group Housing - 45 Group Housing - .45 Group Housing - .45 Group Housing - .45 - 45 Transient Lodging ~ 26 upa Transient Lodging- 26 upa Transient Lodging - 26 upa Transient Lodging - 26 upa Group Housing - .45 net net net net Transient Lodging - 26 upa net Goods and Town Center with Community Village Center with Convenience Goods and Convenience Goods and Village Center with Services and Neighborhood Goods Neighborhood Goods and Services: Minimum 10 SF Services: Minimum 10 SF Neighborhood Goods and and Services in Town and Services in Village Centers: gross building area per DU ~gross building area per DU Services in Village Centers: Village Centers: Minimum 65 Minimum 25 SF gross Minimum 25 SF gross SF gross building area per building area per DU building area per DU DU; Corporate Office. Manufacturing and Light , Industrial Water and Centralized or decentralized Wastewater community treatment system Interim Well Centralized or decentralized and Septic community treatment system Interim Well Individual Well and Septic Individual Welt and Septic Centralized or decentralized and Septic System: Centralized or System: Centralized or community treatment system decentralized community decentralized community Interim Well and Septic treatment system treatment system ~ecreation Community Parks (200 Parks & Public Green Spaces and Open SF/DU) wilh Neighborhoods Spaces Parks & Public Green Spaces Active Recreation/Golf with Neighbolhoods Courses Active RecreaJion/Goll Lakes Courses Open Space Minimum 35% Lakes of SRA Open Space Minimum 35% of SRA Public Green PuNic Green Spaces for Parks & Public Green Spaces Spaces for Neighborhoods (Minimum with Neighborhoods Neighborhood 1% of gross acres) Active Recreation/Golf s (Minimum Courses 1% of gross Lakes acres) Open Space Minimum 35% of SRA Civic, Wide Range of Services - Moderate Range of Services Limited Services Limited Services Moderate Range of Services Government minimum 15 SF/DU minimum 10 SF/BU; Pre-K through Elementary Pre-K through Elementary minimum 10 SF/DU; and Full Range of Schools Full Range of Schools Schools Schools Full Range of Schools Institutional Services Transportation Auto - interconnected system Auto - interconnected system Auto - interconnected system Auto - interconnected system Auto - interconnected system of collector and local roads; of collector and local roads; of local roads of local roads of collector and local roads; required connection to required connection to Pedestrian Pathways Pedestrian Pathways required connection to collector or arterial collector or artedal Equestrian Trails Equestrian Trails collector or arterial Interconnected sidewalk and Interconnected sidewalk and Interconnected sidewalk and pathway system pathway system pathway system County Transit Access Equestrian Trails Equestrian Trails County Transit Access County Transit Access * - Towns are prohibited within the ACSC, per policy 4.7. I of the Goals, Objectives, and Policies. Page 54 of 174 Words struck th:'ough are deleted, words underlined are added ** - Villages, banders, and compact rural developments within tile ACSC are sub. jeer to location and size limitations, per polic? 4.20, and are subject lo Chapter 28-25, FAC. *** - Density c:m bc increased beyond the base density through tile aFlbrdable housing dcnsitx btmus or through thc density blending provision, per policy 4.7 **** - Fhosc C R I)s that include single or mu Iti-family rcsidcnlial uses shall include In'Ol)Ortionat¢ suppoFI scr~ iccP. I. IndcrlJncd uses arc not required uses. b. Streets within SRAs shall be desitmed in accord with the cross-sections set forth Fiuurcs 1-18 below, as more specilicallx provided in J.2 througlj J.5. Alternaliveh,, Collier County Transportation Services may approve additional cross-sections as needed It) meet lhe desig~L~ectix, es. TOWN CORE/CENTER FIGURE 1 RE~AIL ~.~l:igure 2: Town Corc/CenteF. (LOCAL STREET) TOWN CORE/CENTER FIGURE 2 Page 55 oF 174 Words st;-uck tlu:m.'gh are deleted, words _t!p_d_dcrl~i!!~_d_ arc added (3) Figure 3: Alley: Town Core/Center. gnMMi~l~L BIJLDING E1= .i~,.~::¥IALT OR BRICK P/va/ER C[3N ME E I':[t~L. BUILDING; TOWN ALLEY CORE/C ENTER FIGURE 5 N.'L$, (4) Figure 4: Town Core/Center 22~: _,_ 10' _1_ 10' .~.. PLAZa, - - TEAVD.. I..~IE -;- 'r~l.~lE '1 ~ -I ._ n I I '~~~"~:~:t~' ":"V-' ........ I ~~ ........... (LOCAL STRE~) TOWN CORE/CENTER FIGURE 4 ~.T.S. Page 56 of 174 Words struck thrcuF, h are deleted, words underlined are added (5) Figure 5: Neighborhood General ~ '".~','"'",' ...... :~ ,~".d~ ~.~' il. / ,(IOCA :TRFFT: (6) Figure 6: Neighborhood General ! I; ;..,.,.< ry., :'~,,' ~..-~7'_ L*]'~-~" Fr.,K.'_i]~E '- - '>.i'r.C I I (;. R E ,3 (7) Figure 7: Neighborhood General. Page 57 of 174 Words struck through are deleted, words underlined are added (LOCAL NEIGHBORHOOD GENERAL FIGURE L~]i'i,.z, ure 9: Neighborhood l~dg~: (10) Figure I O: Neighborhood General. Page 58 o1'174 Words struck through are deleted, words underlined are added ~<E.E;IDE N IIAt ~ ' ~.t~/' r ' - Z~qE ~UIRENE~ ~" ""~"~ ~m ~" (COLLECTOR S~REEI) NEIGHBORHOOD EDGE FICU~E ! 1 N T~ L!2~)_ t:igure 12: Neighborhood Edge (COLLECTOR STREW) NEIGHBORHOOD EDGE FIGURE 1 2 N .T~ (13) Figure 13: Collector Street: Neighborhood Edge. Page 59 of 174 Words struck through are deleted, words underlined arc added CCOLLECIOR SINEEI) NEIGHBORHOOD EDGE Iz'IGLi~E 1 S (15) Fimire 15: Neighborhood Edge. ;= PL~KIN¢ - i ~H~ i ~ i~i~lE - i= 'FF~L L~NE ~J ~q~OULDE~-I - ROADSIDE SU/.~[=l - PATHS-AY =J- PtANllN~- I (COLLECTOR STREET) NEIGHBORHOOD EDGE FIGURE 15 (16) Figure 16: Neighborhood Edge, Page 60 of 174 Words st:'ucq~-thr-m-}gh are dcleted, words underlined are added / NEIGHBORHOOD EDGE £ LT.L }_! i_¢,2 LI re_' 17 :_N__c igh bo rh GO d Edge. NEIGHBORHOOD EDGE FIGURE 1 7 1.18) Figure 18: Neighborhood Edge. ~ ~L ORHOOD EDGE FIGURE 1 8 N.T~ Town Design Criteria.t,-~o~.rr~ ....... -~'n a. General design criteria. ( I ) Shall be compact, pcdcstrian-fricndly~ and mixed-usc; Page61 ofl74 Words sm~e&lim~l arc deleted, words [u~(J~rP~c_~! m'c added Shall create an intcrcunnccted street _sys~tc~!_d_e~jg~3~s!_tt2 'cdt~cc thc Icn,,th of automobile trips' children !o x~alk q!' bigsclc Iq H!?!!! t52 Silall provide a ranue or'open spaces includin_g n~hborhood ant conllBtlllil} [)al'~ Squat'cs Hlld 3lav,u'otmds distributed lhl'ot ,,hour thc LB_J_ ....... ~l~&~H_bK&lcs~ig!Lcd_JL~ ~3 prom'cssivc rural lo tn'ball comltinnunl with thc ~l-calCSl dcnsilx, intensity and diversity occurring within thc Toxvn Core. to Shall provide sufficient tnmsition to the adjoining use, such as active am'iculturc, pasture, rural roadway=~ E2~2~buJ'~k~(~g~.open spa~..[~3nc~ u~.~2~2 (211~gr means: L[~_Shall include a minimum ol'lhree Context Zones: 'l'own Core, TowII CcntcrandNcighhboHmodGencm'al cach oFwhich shall blend into thc othcr 2 j!!~)_t!_t_!!]c rc~quircn~cnts of buffcrs; May include the Context Zone ol'NeiRhborhood Edge; and (12) Shall allow signs typically permitted in support of residential uses includine far sale. for rent, model home a~nd te~porary__co_ns!EUc_'!j~D~igns. ~pgcit~cle~i~ and dcvcloEBlgpt residential uses. (. [~)To thc cxtcnt that I)ivision 2.8 is .~l~,licablc wilhin thc t lrban tlcsignatcd at'ca, SRA Architectural l)csie, n Standards shall comply with thc provisions of Division 2.8, unless additional or different design standards that deviate from Division 2.8, in whole or part, are submitted tothe County no later than when the first SRA Site Development Plan is submitted For approval. (14) To the extent that Division 2.4 is applicable within the Urban designated area, SRA Landscape Design and Installation Standards shall comply with the provisions of Division 2.4, unless additional or different design and installation standards that deviate from Division 2.4, in whole or in part, are submitted to the County no later than when the first SRA Site Development Plan is submitted for approval. 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 intercomected system of streets, sidewalks, and pathways. Open Space and Parks (I) Towns shall have a minimum of 35% open space. Page 62 ofl74 Words struck th:'ot.'gh are deleted, words nnderlined are added ~) Tovvns shall have o. mmmnilv ...... parks..~. _lh:-ll ......... i ~clude =L-s )otis_: ...... l'ields= ,_,__' ~d £!1 Town Core. The Town Core shall be the ci~,ic center ol'a Town. It is thc (b) Thc total btfildimz, area within each block shall not exceed a floor area rmio tit' 3. (_c) ?,c_'lail kt,ASi_ol'ficc5 _t_lS_c. 5 p_c[ 12!!l.q'.~ sh;![] !B>! ~._x:c_'~gd ;_! !Iix,!: :!!'_ci, t'it! iii ()1'(}.5. (.d) Civicuscspcrblockshallnotcxcecdalloorarcaratioof0.0. (e) Light industrial and manuthcmriug uses per block shall not exceed a floor area ralio o1'0.45. (0 The density of transient lodging uses shall not exceed 26 dwellnL'. units per Toxvn Core gross acre. (~,) q'he maximunl bt, tiding height shall be6 stories, excluding, roofs and architectural features. (i) 'fbe 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 The maximum setback from the front boundary may be increased in order to create public spaces such as plazas and courtyards. (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. (!) Seating for outdoor dining shall be permitted to encroach into the public sidewalks and shall leave a minimum6-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. (n) The majority of parking spaces shall be provided oflZstreet iii the rear of buildinr~s, or along the side (secondary slrcots), or.mmized inlo series of small bays delineated by landscape islands of varied sized. A ,naximum spncing between landscape islauds shall beton (I O) spaces. Page 63 of 174 Words struck th."ot~h are deleted, words underlined are added I,andscape islands aud tree diamonds shall have a minimum of one tree. [}L,_i_Oy~.4_i5 prohibilcd in fl'oat of buildinlz, S. exce~ within thc righ[oP ...................... ---: ..................... ~, ._:_ _-- = ~_ s ...... dcnlands tbF various uses recognized hv I 1'1:}=}21=[o~ studies. The anab'sis shall demonstrate thc number ax ailable Io nlol'o than one use or limction, recognizi~ the refluircd proxilnitx which ale unlikely to root irc thc s y cos '11 lilt S'IIIIC limo ' 'ho upoll by thc CoulllS I'l'allSpolialJoll slal'J' 'llld thc apl)Iici/ill dt rin- tile pre a~licatiun mcclino 'l'JicNImrod ,i?'kin-almh'sisshalluscthcln.txilnum pl't~lcctJoll StlcJl ils I'OOl bal'riers il COlllilltlOtlS Il'CC ¢ t, '/lid"el' slrllchlri ~oil~ qmll b~ [¥ovidcd. ~ts'~t~ shall maintain a minimum ~) l.andscaping minimums within tile Town Core shall be reel providil¥,Z, landscap[L~g w~i[Ijl_u>arking lots as described, and a strectscaf2g__area hetxveen the sidewalk and curb at a minimum of five (5D l~ct in widlh wilh trees l)lanted forty (40_1 fcct on-ccntcr. The five- Fool minimum wide of E!13nting area ma__y be reduced to sidewalk protection such as root barriers, conlinuous Irec p_il~s Luy. t.'or structural soils are provided The street tree l~auern mav be inlcrruptcd ~1~ ( iencral sigrt~.stnnda,'ds. i. Signage design shall be carefully integrated wih site and building design to create a unified appearance for tile total prot2ert.E. ii. Signs shall be installed in a location that minimizes conflicts with windows or other architectural features oF Ibc building. iii. Signs which create visual clutter a' which block tile view of b_'igns 011 adjacent propc[t,,' slmll not be permitted. iv. Creativity iu the design of signs is encot,'agcd in order to emphasize the unique character oF the SRA. v. Sign Area: The area of any sign shall be the area ora rectangle which encloses all elements of the sitm (excluding poles and brackets) including all text and any symbols or loges. vi. Signable Area: The signable area (total of all individual signs on that facade or related to that facade) ora fag:adc facing a public street or a parking lot shall be lirnited to 20% ofthe total area of the faq:ade. vii. 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. viii. Illumination: Signs may be illtiininated by external spot lighting or internally illuminated. Lighting shall be designed and shielded so as not to glare onto adjacent properties or the t!.~l_ig right-of-way. Page 64 of 174 Words sm~k-thmugh arc dclcled, words t,nderli,~cd arc added ix. Material: Slims shall be constructed of durable materials suitable to the sim~ t~pc. Thc Ion&~nn appearance of thc sim~ shall color5 ired sl,x!c of !!lc Imikting to ~ h ich tlic,v. ;!!'c ;lllq~.'!)cd or olJlcr~\ is, c associlllcd i. Wall -^ siren al'fixed directly lo or painted direclh.' on an v. Awning_-_A~sjg!Lot_z_ ,~g~phic attached 1o or printed on an vi. Pole - iX sign mounlcd at thc [~p_ or'or bracketed from ,,'ii. Monument- A sign_secured to a base which is built dircctl5 upon Ibc around. Maximum sian area- 50 ~=J~l~xclusjx2~ol)!Jlg viii. Marqace - A sign usually projecting l¥om thc face of a theater or cinema which contains chaneeable 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 feel. ix. Sandwich boards - A movable ~n comprised oflwo sig,) panels hinged together at the lop. Ma~im~u~&sign area- 12 5fltjtj[~ I~ (Z faces at 12 gq: F'I. each. x. Banners - Fabric panels projecting Ii'om light poles or other structures. Maximum sit2, n area- shall bc propo,'tional Io Iht hcigbght of the pole: 16 feet pole - 15 Sq. Ft. max (2- faces al 15 S_Sl._L:.!.__c~:Z 20 feet pole - 20 StL_?'L_.jnax. (2 faces at 20 Std._itl. ea.); }0 feel_ p2cl_c - 36 _S% Ft. max (2 faces at 36 Sq._Et. ca.): xi. Temporary signs as allowed by Division 2.5. (s) The following sign types are prohibited: Pole signs greater than 12 Sq. Ft. in area ii. Portable or mobile signs except sandwich boards n"i. Flashing or animated signs (except time and temperature signs) jg, Signs with changeable text (except Marquee) v. 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 walkint~ distance. Like the Town Core, the Town Center is the primary pedestrian zone, designed at human scale to support the walking enviromnent. It is the Main Street area of the Town. Buildings shall be posilioned near the riuJ!!: Page 65 of 174 Words struck thr-owg4t are deleted, words nnderlined are added line. wide sidewalks shall bc shaded b~_ street trees and architcctnral !skthc I~ciuhL building placcmcnl Imildin, use ~H'kin,, ' nd si,,ml,,c ............................ ~t_[ ................... MI Conuncrcial retail, el'rice, civic= institutional, jig_hhhht industrial and ucccssorv uses shall b~Lpermittcd. These uses may o~j')3_shz~;gcJ_.ps~ exceed 0.5. (~ t Ih e l]oor area rat iO for c iv ic .t_l_s~.:b_' per !2!(2c~kk s_l!a_l} 13t2[ c~.xc~e~t! !}.(2. kg.,} 'l he nlaxinniln buildiJ!g_hcight shall be 5 stories, g._x_c!tjdij~_L'_O_s!l~;3!Ld ::_!!7 ~ J_l j Le__c B ! [ iJJ I_~kll u r_~c 5: ~.ID Ibc minimum lot area shall be I=.000 square feet. The maximum block perimeter shall be 2500 l:t. kD File nlinimum setbacks shall be 0 Ii'om all property boundaries and Iht nnlximunl setback shall be 10 feet fi'om tile l?ont r_ight L)I'\'v'~:[~' line. (k) Overhead encroaclm~cnts such as awnings, balconies, arcades and tile like. must maintain a clear dislance oF9 feet above the sidewalk and 15 feet above tile street. ~) Seating tbr outdoor dining shalJ be permitted to encroach tile public sittewalks and shall leave a minimmn Ofoot clehr pedestrian way between the ouldoor din ing and file streetscap~p~m~2i~g i~!Tg[!- 01Up, nilding5 within thc Town Center shull be nl;.ldc com~_il2!_c !hpLt,gb 5i!_~[~!:_!~_!i~ss_ing,_vol_t!~_Uc~__l~Lmtagc, s_cci!!g a_!![J2t[_cbilccl3![i![ [kil&tt![gs. (n) Streets shall adhere to J.I.b. and Figures I, 2, 3, or 4. 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. Streets shall maintain a miuimum average building height to street width ratb of 1'1, excluding landmark buildings. (o) Parking space requirements and design are the same as in tile Town Core. (p) Landscape minimums are the same as in the Town Core. (q) Signage requirements are the same as in the Town Core. (3) 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 interconnected street pattern is maintained through the Neighborhood General to disperse traffic. Sidewalks and streetscape st2pport the pedestrian environrnent. Tile following design_ criteria shall_a_1212_ly_.~jt_b_i!l Neighborhood General: (a) Residential, neighborhood scale goods and services, civic_., instituti.opal, parks, schools~ a__nd accessory uses shall be Page 66 of 174 Words struck-through arc dclctcd, words underlined a,'c added The maximun~ allowable building heig_h! shall be 3.5 stories. (X~ l'he maximum block perimeter shall be 3500 fleet, ~x~cepl thai a I;Irge!' Iqgc~< pc[in!c~C.F sh4~l! be allmsed whe[c '4n alley 9r p~ma~ lhe minmmm lot area shall be !_gQ)(_)0 square feet. iii .. ....... [.i!!~_d_s_cLtp"~g ~b~JI_l j!Lcltj~4.e_A l]!iJ!i!!_Lt!pA g!'~is!y. !k~Lot_';l~r!!b_ p_l_~!t!!j!!g p2~[ 13!L (2U 10__t2 !I2L~L~Ji'_e__3,.!).0~0 sq_t¢!i'~ [k_ct 3.,(!!)(! ._sSlL._!r~ .tf_q%i2!J! .}¢_'~ _t!!i_!!! ~={)!)(_) .5~!}i!t'c~l~t ii2 ;.![~[[ 12mi _SStL"_U'_c I_'cgL!'2[ }L)t_-_s 5~9_Q(_1 squar~c !L'ULg_[_.}~3~L' }!! a__rca~._ :sl!al! b2_i,_L i&1212til__]e~d plan! Jim areas, [LLis~ec_lplanters~ or 12_li3n~lcl~' ICo~xes !'~n3Ld!id~[ 2If t_13c t2L'OpcA'i~'. l.ois shall bca ma×thrum of 4 acres. ii. Front and side yard setbacks shall be a minimum of 10 feel and rearward selhacks shall be a minimum of 20 slrucmre and 5 feel lbr a w accessory struclures. ii J:__ I?_orc_~hes, s!oo_p~ chimBeD2~_12~'s canoA~_i_es= IDL~!c_'(2p_jes.L~iid encroach Jnlo a side yard snch lhal the dislance 1o lhe properly linc fi'om tl~e encroachinu eiemenl is less titan 3 Fl. 2 In., excepl lllz2I overJlan~s nlav encroacJ{ no More fllan 2 Ft. into any _yal'd. iv. Parking space reqtfirements and design are tl~e same as in li~e Town Core. v. A minimum of 100 Sq. Ft. of shrub planling shall bc required for each 2,000 Sq. Fl. of building lbotprint, and one tree shall be required tbr each 4,000 Sq. Ft. o_f lot area, inclusive of street trees, with snch plantings in planting_areas, rai~d_121aULcrs, or planter boxes in tile ti'onl of the buildinu and a minimnm ol'lurf grass for the remainder of tile properly. Non-residential uses shall adhere to the lbllowing: 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, jt 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 lbllows: 0 f~et from lhe front property boundary, a distance fi'om tile side property that is 9q_qual to the selback of tile atJj~gc!12j2rollerty~_~!U_t!_~3 _!!j}!iii!!!!!~ Page 67 of 174 Words struck tlwough are deleted, words underlined arc added of 20 feet from the rear property bou~3da_~_fo~__" th~c ~jpal structu'e :.3~3cJ..~ l.~e~__0'(~n~ [[3~ 1'~3[~r~rl~.[~(2~U3dOZ~.~k~L~JU~ accessory vii. Parking spage rcc_luirements and desiun arc thc same as in be .........../*crnliltu'd bclxvccn thc :side ....l"~,S,.._" t c qp(~ ~l~c 5ri'cog side_ ...... pi'Ol~crtx ,,'iii. l,andsca~ng shall include a minimun~ of IO0~q. I:l. el'shrub plan[~0gt)er 2.000 ~fl~ Ft. of buikting Ik~otpri~31~g~c2 one tree ~10(~= Irt. of lot 3rea, inclusive oFstrecl trees. Plantinus shall be i j[ phmtin~_areas~ raised planters, or ~[a~[~r b(2x~]~L![~e lfi'o~!! buildino Minimum .... . ~. ' el hlrJ ~rass Jor thc l'Clllalndcl' el'the properly. (_g) (icpcral sigq!!gC [cqui!:cLncn!s; AIIowablc si.on Area: Thc allowable il!dividua} sign> 91L!bat.fi{g'adc o,' I'cllttccl lo Ihat iii. Mounting height: No part of a sign whicI3 projects from a bttildin~ or is mOUnlcd on a ~lc or bracket sha Ibc loss lh'm cia,hi iv. Illuminalion: Signs may be illuminated by external _l_ig_hting or internalh, illuminated. IJahling shall be shielded so as n et to gliP2~ (~13lt~l[ prt~t!~l'li~5_t~2 riuhl-olLwav. (il) lh'ohihited Sign Types: i. Pole si<ns ii. Portable or mobile signs except sandwich boards iii. Flashing or animated signs (except time and tempc]'ature ~jg,zs3s iv. Signs with changeable text including v. Marquee - A sign usually projecting from the face of a theater or cinema which contains chameable texl to announce CVOIltS v i. Banners vii. Off-site signs, billboards viii. 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. (i) The following sign _types are allowable: i. Wall - A sign affixed directly to an exterior wall or fence. Maximum sign area- 24 square ft. ii. Projecting - Any sign which projects from and is supported by a wall ora building with the display of the sign perpendicuhu' to the building wall. Maximum si~n area = The fiqgade area x .05. Ut2.B) a maximum of 40 sq. lt. iii. Window - A sign affixed to or behind a window. Maximum _sign area - 20% of the area of the window. Page 68 of 174 Words struck th:'ough are deleted, words underlined arc added i¥' ..... I l~__n_~gj~3g_:_A _sim...2_a_t!i.!02gLl to and Iocaled below any cave. canopy or awn n,, Maximum 'u'c'l I'~ st ft nl'~x be dot b e s dec vii. Sandwich boards - A movable sign comA~y_i~e~._l p_l:D3, t2 ~sigp viii. Temporar.u..','i_g!LS ils allowed LkL_.~Signagc ~ithin Neighborhood (ioutls and Service Zones shall j. . ~igm!gq _dg. sigIl 5h~31! be c_a!'efully jntcgri!led v,j!l! ?die ami iii. Sim~s which create visml chttter or which block lhc view ~jgns on ~c_'12_tj2[~>e,-t_~ _sl..D_!l_ ~2o~t~g permitted i,,. Creativity in the design ol_'signs is encouraged in ord,,2r Io ~!nphasize thc uniqu_g (4) Neighborhood Edge (optional). Neighborhood Edge is predominatcly a sintzle-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 openspace is evident. The ~g~hl~orhood Ed~ mav be used lo pro~jd~.t~ns~tio~Lt~_~tc~ning ry!x!~ land uses. Thc tbllowing standards shall apply with Iht Neighborhood (i,) The permiltcd uses within the Ncit,,hborhood Edgc2_~!:c rcsi&lg!!!j~3!, parks, o~2g_n space_golf co_urses, schools, cssel~ti21 services, .Lu2tJ accessory uses. (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 rn inimun~ of turf grass for the remainder of the property. (g) Streets shall adhere to J.I.b. and to Figures 9, I I, 12, 13, 14, 15, 16, 17, or 18. At a ,'ninimum all proposed streets must include a lO-lbot pathway on one side of the street with an 8-foot streetscape area between the edge of curb and the pathway. Page 69 o£174 Words s,trm3k-throtvg4~ are deleted, words underlined are added £~ ___~pecial District B)ptionalD_. Thc_Special District is intended to tiC. 3. Village l)csign Criteria. JResm:ved{ ( ichor'al criteria. £.2_± ..... D'jjllz~ shall bc designed in it coma~c__t.d?cdcstrian-ti'icndh form. Create an interconnected street.55;s_'t_el~!_LtcSjgL~e~dJ~ d_ispcrsc and !'cd3!~g !bx ]~!~gtJ! 211_t!_t!li~!~ql?_JJg .tJ_'ips. t4_) . ()(l;,:rarangcofhousingtvpcsandpncclcvclsloaccommodatc dixcrsc a,.zcs and illCt)nlcs. ,A, cccs:-,Ol'V dwcllin,.2 units shall not COtllll loxvards £5) Be developed in a pj_x>gressivc rt,ral lo urban continutm~ with the m'catcst density, intensitX and diversit~occurrina within thc Vilhmc Center Nciahborhood Edac. The SP, A document shall demonstrate thc urban lo rural lransilion occurring at the Vilk, ges_' Ii,nits bouudarv provides sufficient transition lo thc lid ohlill ' risc Stlch ils i ' ' ........ ,' '' ..... , ..... !t2~O~patibilitv throuuh thc tlSe of buflkring, open space, land use, or other moans. (7) Shall allow signs typically permitted in support of residential uses including for sale, for rent. model home and temporary constructions si,4ns. Specific design and development standards shall be set forth in thc SRA document for such signs perm itted in residential areas or in conjunction with residential uses. (8) To tile extent that Division 2.8 is applicable within the tJrba,1 dcs~!talcc! _~!L'_q~ -_BLLA. A~!'c_'hiLeclur~l_ l_)csig!L_St_LLn_d~_!r_d~ ~h~l [ _c_'2m_t~b: 5~J)b_ !he p!Ti~'._'isjo!lS of Division 2.8, tlnlcss additional or different dcsiglks[!mda£d_s tl!~LtJcvio!_c fi'om Division 2.8, ill whole or part, are st, brnitted to the Courltv no later than when tile first SRA Site Development Plan is submitted for approval. (9) 'Fo the extent that Division 2.4 is applicable within the Urban designated area, SRA Landscape Design and Installation Standards shall comply with the provisions of Division 2.4, unless additional or different design and installation standards that deviate from Division 2.4, in whole or in part, are submitted to the County no later than when the first SRA Site Development Plan is submitted for approval. b. Transportation Network. The transportation network for a Villaae shall adhere to the same standards provided lbr within a Town. c. Parks. 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. d. Context Zones. £1) General. (a) Villages st'mil be designed to include a minimum c,l'two Coutext Zones: Village Center and Neighborhood General. Page 70 of 174 Wo,'ds slm(~Mhmugh arc deleted, words undcrliued arc added (b) Each Zone shall blend into the other v¢itllout the requiremcnls L~I' (c) The SRA Master Plan shall designate tile location of each Contcxl Zone and each ~ecjal DBtrict. ~h~_~(l!~_Cen!~e.ahd[ ~.clq~jg!!;~t~s! in one location. Neighborhood General, Nci~l!borhgod ~g~ and ~pccia! D[~!rict._may be dgS~atcdlD.j!Bfl~ Iocalions. Context Zones utc intended lo g![jdc_ th~c !~-XL~[io~! o.l_' p~5 ~l~d lhcjy (21 .......... ~':i I_hjgg_ Center. Thc floor area rutio of an~ usc shall not exceed 2 lbr thc total Cd_) Transient LodgitAg- 26 dwelling u~l_its~C~[ltcr gross acre (e) Maximuna building height- 5 Stories, excluding roofs and architectural feattn'cs. ill) (k) the Mininmm lot area: 1,000 SI: Block Perimeter: 2,500 Ft. max Front setbacks - 0 to 10 feet from the rieht-of--wav linc Side setbacks - 0 feet Rear setbacks -- 0 feet Overhead encroachments such as awnings, balconies, arcades and like, mt,st maintain a clear distance o1'9 feet above tile sidcwulk and 15 feet above the street. (I) Seating for outdoor dining shall be permitted to encroach the public sidewalks and shall leave a minimum 6-foot clear pedestrian wa,/ between the outdoor dininu, and thc streetsca_p_~plantitgg 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; instead, shall be subject so specific design standards that address the perspective of these buildings' creating focal points, terminating vistas, and significant community landmarks and that are set forth in the SRA Development Document and approved by the BCC. {n) Buildings within the Village Center shall be made compatible through similar massing, volume, frontage, scale and architectural features. (o) Streets shall adhere to J. I.b. and Figures 1, 2, 3, or 4. At a minimum all proposed streets shall includesidewalks 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. Streets shall maintain a m inirnum average building height to street width ratio of' I'L~ excl_uding landmark building. Page71 oFI74 Words struck through are deleted, words t?dxrJjn~d arc added (p) General parkim,~ criteria i. On-street -mrl,;in o 12 ....~ spaces within lhe limits of the front Parking lots shall be accessed fi'Oln alle~: sc!'vic~ islands and tree diamonds shall have a minimum of one free. Pa[kjn~j~s E[ol!jbitgd__jn fi'o,lLoLboJdi~.~ g_x_'C_Cl2L w_jtJ!b! ~l~ righkgl5 way. Parkin~ lots shall be accessed I¥om all~= sorvicc [anos qF secondary streels, l'arking_Nrugt~g~_!?o~!ljl!gon&prin~l~:cctSh!t[I arade, includin~onc I~x~er 250 ~uare I~et of hmdscaped area or Ixscnly-five {25) lineal lket on-center. The amount of required parking shall be demonstrated lhrough a shared ~EkingMnalysis submilled xsilh an SRA designation a~lication. Parking shall be determined utilizina !~g.2!!gdq!_~2[i!2m!d 12urki~~ demands for various uses recoanized ~' ITIL t!I.I or other sources or studies. The analysis shall demonslralc ll~e 2paccs at the same time. (r) l.andscaping minimums within tile Village Center shall be met ~' providing landscaping within parking lots as described, and by providing a streetscape area between the sidewalk and curb at a minimtnn ot'5 Ft. in width. Ill these areas, sidewalk protection such as m'ool ban'iers continuous three pits, and/or struclural soils shall be provided. Trees shall be planted forty (40) feet on-center. The street tree pattenl may be interrupted by architectural elements snch as arcades andcolumns. (s) Signage standards within the Village Center shall comply with lhose 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 lbr the Neighborhood Edge within a Village shall be the same as defined within a Town. (5) Special District (optional). The Special District is intended to provide for uses and development standards not otherwke 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 [Reserved] a. General. ( I ) Hamlets are small rural residential areas with primarily singlo-lhmily housing and limited range ofconvenienco-oriented services. (2) tlamlets may include the Context Zones of Neighborhood Gene,'al and Neighborhood Edge. Page 72 ofl74 Words struck through are deleted, words underlined are added £aj t.cs ~c. ldcnt~al~nct,htotht(dsc,ftc~oodsandsct~,iccs~cl~lc ~j. BLliMing. hciaht 3.5 Stories LdA For sitmlc-familv residential uses: j. ___ _~Min~iLn_un_LkML'_a!;~&:_ J J)O0 SI: ii. Setbacks and encroachments to be defined in tile SP, A l)cveJopmcnt Dt-,cumcnl iii. lhlrking space requircnlcnts and desiu, n arc the sanl~Lts~ilj the Town Core, with provision fi)r an additional parkin~spacc iFan 13gc_ C55[~!~ ~hvcl~j[]g tmn it is btm ill. iv. Landscaping - Minimunl o1'60 Sq. Ft. of shrub plmling pet' lot. Plantings shall be in plaming_~reas, raised planters, or planter boxed in the front of the dwellintb_ Minimum ofturFgrass for tile remainder of tile prol2erty. (e) For multi-fimnilv residential uses: Maxim!.lnl Jol al'eLi: 4 ;.ICI'CS. ii. Front yard setbacks- 10 Ft. iii. Minimum side yard setbacks-- I0 Irt. 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 encromh 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. Plantipgs shall be in planting areas, raised planters, or planter boxes ill the t¥onl of the building. M inimum of turf grass for tile remainder of the property. (f) Non-residential uses Location: at intersection comer. Mid-block Iocaticms are Page 73 o1'174 Words struck throwgh are deleted, words underlined are added not allowed. ii. Maximum square footage per use is 5.000. v. Front setbacks l'~ltjaJ..t_o..t_[!e_s.!H!!J!es~t_LqiJjzc~d s~et_~a_glz t 13 c_a_slj ;&c_cL~ L vi. Side setbacks - Equal to thc smallest ulilizcd sctbacl~, el'the ~sl~acen t lot ,,'ii. P, ear setbacks - minimun~ 20 foci lbr the 12ri!!c2ij2,_'_4! porn/illcd between thc i)'ont l)lg~c abe lhg fl'o~l[.prqpc~!5 linc. A II ollLstrccl parkin~ shall be screened fi'om the street and adjacent wall, fence and'or landscap_jBg. ix. l~andscaping. Minimum el' I00 Sq: Ft. et'shrub pla~lt_~g ~:!j!!imum o l' turl~r~55 Ibr tllg fgB~ajD dee S~[!}l~.~ppcrly. 5. Signage within Neighborhood General shall comply with the standards provided in the Town Neiqhborhood Gcna'al. xi. Stre¢ls shall adhere to J.I.b. and Fimlrcs 5=6, 7, 8, or 10: At a minimum all proposed streets must include sidev,'alks on both sides of thc street, parallel to the right-oF-way, and a 5 tbot streetscape area between the back of curb and thc sidewalk. (2) Neighborhood Edge. Neighborhood Edge is predominately a 5ijL.q_le-fanji~::'. residential neighborhood This zone has the least intensit2' al!d diversitv. Thc mix et'uses is limited. P, esidential lots arc larger illld nloFe ~pen space is evident. The Neigl3borhood Edge mBS.'~ be nsed to pro__vjd~ 13 t_r~13s_ii!j9_!! !o adjoininu rural land uses. (a) Uses - residential, parks, golf courses, schools, essential services (b) Buildim~ height - 2 Stories (c) Minimum lot area 5000 square Feet (d) Setbacks to be further defined within the SRA Development Documellt (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 I00 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 shall adhere to J.l.b and Figures' 9, 11, 12, 13, 14, 15, 16, 17, or 18. 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. r-~:,r-~.,~ ~.~.,'"'~"; .... t-..;~..,,..,.;~ Compact Rural Development Crileria [Reser;'~ed] Page 74 ol''174 Words st-m, cKthfough arc deleted, words tmdcrljngd are added l{xcept tis described above, a CI,',I) ,,','ill conforn~ t,a tile dcsig&x slandards ol'a Vilhme or I lamlet as set l't)rlh herein based c,n the size uflhc CI~,D. As rcsMcntial traits are not a required use, those ~ootls and services b ....... ~x~u~ale. All cxainple ol'a CRI) is all ccotourisnl viii[mc that would have a but I!!t~ npt wux'idc [k>r thc l"lllOC rcMdcnts t:hlsu!me-S3~ndart~. BASEI.INE STANDARDS PLJI(I)OSI{ AND INTI~NT. These Baseline Standards will remain in eflbct fin' all land ~!s'!N~E~5[Hll. kkct~!5~ ~xccp. Las to!hps~ agrictiltural uses subjecl to sections 163.3162L~) ~23-!!L~ l"lorida Staltilcs. Thc Baseline Slandards arc intended to protect water cl~dj~ and Muanlitx. maintain thc natural water reginz~nd prelect listed animal and phmt species and thcir habitals on land that has not becn designated as an SSA or SRA. Theopportun~zg) x oluntaril~art[cipatc in the Stexvar&hip Credit Program, as well as the right to sell conservation casements or a Ibc or lesser interest in the land, shall constitute compensation thc loss of any ctcvclo~3c~D~hts 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 [_L_I 9!2~ sJ3a~lll LLl2ph~' lo all land within the RI.SA District unless or until such lands become subi_e_ckt(! !~e toll t'_q_c¢ipt <2[ SJcwt~!:dS!lip Credits. t'. ,_qt .l._()_~'A__l~l_.li_/j~l:,S. 'J'llcil2cj;'n~jtJ_ctJ,_!._sc_'ccjst_2Di_t3t]t_t S~]12s!jtjiol!~] LLS_'cs iflM_wcd shall bc tilt)Se sci Ibrth in Section 2.2.2 in effect as of November [ ], 1999,. with the I'ollox~ in,.z exceptions: 1. Residential Uses, General Conditional Uses, Earth Mining and Pro~ssing Uses, and Recreational Uses (layers I-4) as listed in tile 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 ill 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 FSAs and HSAs 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 in compliance with the criteria established in Chapter 62C-25 through 62C- 30, F.A.C., regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier Coun _ty environmental permitting requirements shall be considered satisfied by evidence of the issuance of ali applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requiremenlsofChapter 62C- 25 through 62C-30, F.A.C. For those areas of Collier County .outside tile boundary of the Big Cypress Watershed, the applicant shall be responsible for converting the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., la assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside tile defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses accordint~ to the standards established in Rule 62-30.005(2)(a)(1) dlrough_h ~ 2), F.A.C. Page 75 of 174 Words 'struck thl:ough are deleted, words underlined are added 4. Asphaltic and concrcle batch makimz plants shall be prohibited in areas maN'~ed as l) SI',\NI)AP, I)S &P~l CABI.I:~INSIDETIIEACSC. RI.SAl)islricllandswithintl~c supcrccdcd bx (i or 11 bclm~, thc lollowu&g%, st,lndalds shall apply lo all dcvclopnlcnt V(llhlll lhosc areas of thc RI.SA l)istrict that arc outside of thc ACSC. other than a=t tcultul,fi operations thai dx\ oilings: tm loss or tm{~l sucl! laml5 m'c 5~d>jcct lo transm}Ha~ 9r wccip[ ol'Nlcxvartlship ('rdtils: 2. A minimum of 40°,b of the native vegetation on the project site must be retained Ir IjsAqd species are dirccllx ohserxcd on lhe site el'thc ~rg.i~Lot~_ay'c..i~_!~ixaJ~ hD:..?jd~E, a. The wildlife habitat mana,2ement plan v;ilhin tile P,I~SA I)islrict shall include (l) O_pen space and ye.aeration preservation requirements shall bc used to estahlish bulTcr areas between wildlife habitat areas and areas dominated bx hmnan activities. ~J .... Fencing, walls, other obstrtlcl_i~ t_)l-3)t_hc[_'.F, rovisions shall be used to m ill im izc dove Iopment in_~acts It) tile listed ~c_'ic~s ~jm__tt B2~ljc2ql!P_m__q x~, ildlilk' to usc wildlife corridors. (3) Roadways crossings, underpasses, and signage shall be used where roads must cross wildlife corridors. b. The wildlife habitat managemcp±plan shall also incorporate Ibc lbllowing: (I) a description of tile techniques used It.) direct incornpalible hind uses away from listed species and their habitats and to complz with the criteria identified in I an_d__2 above, as ~pt21_licable; identilication of appropriate lighling 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 relbrences shall be used, as appropriate, to prepare tile wildlife habitat management plan: (!) 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 thc Florida Scrub Jay (Apelocoma coerulescens), Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 199 I. Page 76 of 174 Words st-"t:c4,cth.~'ough are deleted, words underlined are added £1 ) _Gopher tortoise. For parcels contailfingg12pher tortoiscsi~phcrus ~_)b ~e~!nlsXprio!Fity shall be ~en29 protec!~g conli~2us~pher tortoise habitat with the greatest number of active (2~ _ ):~_ri_d2scrukj~52: I labitat t2Egs~rx_'Bt_~m fi)~:fl~eFloridkt_~_c_r_t!bjk!5 ~M~J~c!oc_'p_ma ?erulcs_c~!~ ~bul_l_conl~!ru~_!9_ !!!g_guidulLq~ ~e~_~!~J!!~s! Jp Bald caal¢. For the bald ea,.z, lc (I laliacems leucoccphalus), thc [~lkd rect J~hi!~Lm~,~agcm ~H~Bn s ~hal[ ~[~h!isk~mNc~vc []lxxi~k ncsl restricting certain activities. Tbc.phn~s shall also address [~xstrj~!.iDg ccn~in types of activities during thc nest season. These ~uirements shall be consistent with the t~FWS Soulh Florida Mulli-Spccics Recover Plan, May 1999. Red-cockaded woodpecker. For lite red-cockaded woo4pcckcr (Jpicoides borealisL,.!bc ~t_luircd habitat protection ElliAI2 sl~ij[!put!j!!g measures to avoid adverse iljlpacts to active clusters and to minimize It) I't)lmilUill~ habitat. Where adverse effects can not be avoided, nleastll'CS shall be laken to minimize OlVsitc disturbance and compensate or initimstc for impacts that remain. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, Ma,,.' 1999. (5) Florida black bear. In areas where the Florida black bear (Ursus americanus floridanus)may be present, the management plans shall refluire that garbage be placed in bear-proof containers, at one or inore central locations. The managen~e~kplan shall also identit~methods to inlbrm local residents of the concerns related to inlcraction between black bem's and b~!nutn_s_'=_M_itigation for impacting habitat s3!jp3bl_c_fot~' _b_ ! i3 c_' _k considered in the manage~mn!plan. (6) I)anther. For projects located in Priority I or Priority I1 Panther Habitat areas, the nmnagement plan shall discouraee the destruction of undisturbed, native habitats that are preferred by the Florida panther (!:elis concolor coryi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In fur_n, these areas shall be buffered from the most intense land uses of the project by using Iow intensity land uses (e.g., parks, passive recreational incas, 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, consistent with the RLSA Overlay of the GMP, consider and utilize recommendations and letters of technical assistance from the State of Florida Fish and Wildlife Conservation Commission 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 b~.. deemed consistent with this Code. F. GOLF COURSE STANDARDS. Except as otherwise required by G or Ii below, till golf courses within the RLSA Districtthat are not within an SRA shall be subject tQ the following reqnirements: Page 77 of 174 Words stmek41m~t~h are dclclcd, words t!_qdgr!i!!gd arc added I. Golf courses shall be designed, constructed, and managed in accordance x~.ith Audubon International's Gold Signature Program. The pr~ect shall demonstrate that file pri~c~plcs lbr Resource Manauemcnl reqk!irect by the Gold Signature Pro~p~ ISite a. In order Io pt'event tile contamination of soil. surface waler and ground water bx thc materials stored and handled bz._golf course mainlemmce '~/i!.}__ prote~ct__groLmd and surface water qu~ from fcrtilizcr and l/cslicidc {_1 ) _f! !'~g _u_s_c qt] 5[t2x_¥ ['_c!c~_c tdtrogcL~.SQu!'~:gs; £~5 ......... jl&cc L~S_~C &~l_' s2~_ij_A,Ad_plLip_Ll is_ssLLc_ _qlALt}ysi5 B_La_~ljLLSL[il~Li!_~g_'_,!!~d_ 4n32un! The use of an intet4rated pest management program using both biolo,.zical and chemical a,.zcnts to control various pcsl~s; L4_}. Ibc coordiuation o1' ~atici_dg_ ap2p!icat_ions wit_!L_ths;_ !iu~_P_lg__Unt! i!p2plication of in'iualion x~ater2 and (5)_ The use of tile procedure contained in IFAS Circular 1011, .llanagin~¢ Pe.wicides_JfpZ (loll ('ot,'se ,~hdnlenance and Water Oualitr I'rolecli~,t. May !99~reviscd 1995) to select p~!i~i~Ag~__tA!~ALxx'~J[!.l.l;_txZg..S3 minimum adverse impact on water qual~tx~. 2. To ensure water conservation, goJf courses shall incorporate the foJlowin,.z in lhcir a. hTigation systems shall be designed to usc weather station information and moisture-sensing systems to determine the optimum amount of irritmtion water needed considering soil moisture and evapotranspiration rates. b. As available, golf courses shall utilize treated eflluent reuse water consistent with Sanitary_ Sewer Sub-Element Objective 1.4 and its policies; c. Native plants shall be used exclusively except lbr special purpose a,'eas such as golf greens, fairways, and building sites. Within lhese excepted areas, land_sgaA2i!~ plans shall require that at least 75% of the trees and 50% of lhe shrubs be I?cc/c- tolerant native Floridian species. At least 75% of tile required native trees and shrubs shall also be dronght tolerant ~pecies. 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 tile shoreline. Credits to the site preservation area requirements, on an acre- to- acre basis, shall be given lbr 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 3.1 I in effect as of November [ ], 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 nonpem~eable 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 surroundin,4 area. 3. Roads shall be designed to allow the passage of surface water flows lhrouglj_!lLe._t!5~ .kx~alize__r p_ipcs, int~r_c_cl2t_o_r~pFe_a_d_de_.(.sys_tgnDS, o__r pel_21b~nj33~_!c__c ~_qL~vv~![c_q!! Page 78 of 174 Words ~mebth-mugh arc deleted, words underlined are added 4. Reve,2, ctation and hmdscaping of cleared areas shall be accomplished with prcd~!!!~inanlly \!!)!jvc spiEl_c5 i~!!~! p!~)!ltj)~g r2_f [:o_Lt~!'UI21~ ~xt2~ic_ 5p~c_jc~ 51!13)! 12c_'J2r~313j~j!~t_: I. Thc '~euetativc p,'cservation requirement set tbrth in t£.2 above shall lirsl bc met [[lD)t~h preservation et' wetlands havin~_B~[~[ion~lj!3 assessment score of 0.05 or al'eater. .zM2plicants shall establish the xx efland l'unctionalitxz score of wetlands usin~ [112 Sou!b ~ _ Wetlands utilized by listed Species or serving as corridors lbr tile mok, emcnt o1' listed 3. \V'ctland lloxvx~ax' functions throug~thC_12rt~jcct shall be maintained. 4. (irotmd xvatcr table drawdowns or diversions shall not advcrsc!~Ojtj)!gg control elevations and \mater tables. In order to meet Ihcse rcquircmnents:.pFj~ggl~5[!iA[J 10g -5. All direct impacts shall bc mitigated lbr ils rcqui,'ed by applicable federal or a,,cnc~cs and in thc same manner ils set lorth m Division o.9.D._~.[½. I el fins ( ode. 6. Single fanlily residences shall follow tile req.uirements contained within Polic'f 6.2.7 el' lhe Conservation and Coastal Managerncr~l Element. 7. _A_pNppriale buffering shal[beprovided to sepaEatc preserved wcthmds fi'Oln other !~![)~[ L)SCS: .,~jEj~[t))ttmn 5(~[~[~19d !!phmd bufl~r is ~XSl~j[~tl ~ik~g!!!.!S~ ~ ~UtUrU! x~atcm' body and lbr other wetlands a mininlum 2SIbot vegetated tu, land bul'lbr at~acsj[!kD thc wetland. A structural buflbr, consisting of a stenvwall, u bgrnl= or._a v~t~[jX[..[)gdgg with suitable IUncing, may be used in conjunction xvith a vegetative buflbr thal would reduce the xegetative bufl~r width bv 50%. A structural buffer shall be required adjacent to wetlands where direct impacts are allows. Wetland buffers shall conlkmn to ibc Ibllowine standards: a. The buffer shall be measured landward fi'om tile approved jurisdictional line. b. The buffer zone shall consist of preserved native vegetation. Wlere native vegetation does not exist, native veneration compatible with the existing soils and ~,Spected hydrologic conditions shall be planted. c. The buff'er shall be maintained free of Category I Exotics. d. lhe lbllowing land uses are considered to ~ 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. 8. Mitigation Requirements. Mitigation shall be required for direct impacts to wetlands, such that the wetland functional score of the mitigation equals, or exmeds tile wetland fimctional score of the impacted wetlands. a. Priority shall be given to mitigation within FSAs and HSAs. Page 79 of 174 Words struck th:'ough are deleted, words underlined are added b. I,oss ol'storat4c or conveyance volumc resulting Ii'om dircct iml~aCl~B2 ~Z~[[t~gtJs stroll be compensated lbr by providing an equal anotmt ol' SlOl'a~c O1' COI1VCVallCC C. Protection shall be provided for preserved or created wetland or w}[h~d~j~nt_L~Bdi~lbr pcq¢ctual nlanagcmcnl activities. Prior to issuance of any final development order that authorizes site alteration, tile ~,licant shall demonstrate compliance with paragraphs 8.a through 8.c above, as icable. If state or lYderal agency,)credits have not provided mitiaation consislcnt wid~ I(). \Vcthmd preservation, buffer areas, and mitigation areas shall be identified orl2fijtt~t~ as 5gpuralO tFacts. In thc case of a Planned [ hilt Developn~e~Lll)~l~)=ll3gS~ Ip~ <}gpictcd (m thc Pill) Master Phm. These re'cas shall l)c_~_l~i~)3b3ii~.[SZ~!~-S!~ZL [[~35~! lho~c id~ntifi~ in ~.d ~q. 2.2.~o. SA.'!'! !!_~,~! !~!!~(_?!LI_LC'!~ !;!L(_)Tl_%-_Tl_i!(_)_N__&!~_[~rS. (_w_I_~IU_~A_Y_. [213'1'r I_CT LNg 2.2.30.1 Pt)RI'()SI! AND INI'F',NI'. The l/uFposc and intent of thc Natural Resource Ih'otcction Arcu ()Xcl'l[lv ~js[ric~~_to: protect cndanucrcd or species by dircctin~ incompatible land uses away their habitats[ to identity large, connect~j[lta~ and rclativc155 unfi'aamented habitats, which may be important l~r these listed species: and but!port State and Federal aecncies' ellbrts to protect endangered or potentially end~mgercd species and their habitats. NRPAs may include major wetland systems and regional flow-ways. l[~!ds.g~[!~]xt!l~ should be the fbcus of any _[bdera!~ate, Coun~s~Lprivate acq~jE~[io[L~)~mS: A~rclh~JT~Jowal~ hind rises, vegetation preservation standards, listed spq~cs_p[otcction criteria within NRPAs scl Ibrth herein are more restrictive than would otherwise be permitted in thc underlying zoning district and shall to bc applicable in addition 10 any standards that ~ply tin thc underlying zoning district. A. NRPA OVI£RI.AY AREAS. NRPAs are located in the t'ollowine areas: I. t,_'lanl Bay Conservation Area (within Pelican Bay F'hnned Unit DcvelopmcnL[; 2. CREW (Corkscrew Re~ional Ecosystem Watershed); 3. North Belle Meade; 4. South Belle Mead% 5. South Golden Gate Estates. I)agc 80 of 174 Words staten thorough are dclclcd, words t_[Lid_crlinct! arc added RURAL FRiNGE I I ~ IMMOKALEE ROAD ' RANDALL BLVD GOLDEN GqrE BOULEVARD ROAD B. NRPAS DESIGNATED AS RFMU SENDING LANDS WITItlN Till-; RFMU I)ISTRICT. NRPAs located in the RFMU District arcidcntifiedasRFMtl [~_r~_ _F_u_rtl!~r_ su~cct to thc provisions, co,l_d_i!~!!~_~.~nd.~!and~r~__~Ll'orl_h_ iES¢¢dg_!] 2:2:~!4,4_: Priwtlc p2B2perty owners within these NRPAs max transfer residential dcvclopn}cnt rights l?om 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 lbllowing standards: 1. Vegetation Retention and Site Preservation - Native vegetation retention shall be as required in Section 3.9.4.3. 2. Pem~itted 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., B., and C., respectively. 3. For privately owned lands within a NRPA within the RFMU District, pem~itted and conditional uses shall be those as set forth in the RFMU Dis'trict Sending Lands (Section 2.2.2 ½.4.). 4. For privately owned lands within a NRPA and designated Estates, permitted and conditional uses shall be those as set forth in the Estates Designation withi~ the Golden Gate Area Master Plan. As these privately owned Estates Designated hinds are acquired I'or PageSI ofl74 Words smmk-thmugh are deleted, words !!Bt_t~i/!i!!e_d lire added l)csi,.z, muion to Conscrwllion anti thc prt2~t3' v, ill bc rczoncd to thc CON district. are approximateh' 15 scclions of privatclx owncd land within a NRPA that arc not cos ,.2, mlcd Sc ~d ItU and are not located within thc RI:MIl District Fi,,ht [8) of lhcsc located llOl'th and xxesl el' Corkscrew Sx~amg Sanctuarx. As these Am'icultt. al R " ural l)cs~gnated lands are acquh'ed Ibr conscrw~tion_RtUAmscs, thc Plan will bc amended to chan~ thc Dcsianafion to CON District. [ Intil such lime as 1he dcsiunalion on these lands is chan~: to CON District, permitted and conditional uses l~n' lhcscprixatclv (m nod lands shall be lhose set lbrth in underlsing 5ec=2.2:3-t: .......... Declaration of-pa~q-ial -mot:alolqum fi.u: qtattu, al .resom~ce t)mtection areas. 2,2:3 t:I: -. Dto'~tio~}--©nJycertain land us,.~-as speeitled-in-subsection 2-.2_gt,3 ot: the Godesltatt be i~ermitted inlhe nalurttt ~esource t>rolectitm ureas (NRt'As} within the respective Rural lq'in? Area and the Rural t.and t.ands A~:ea. as these Areas m:e identified in the titlure.land use element {t=t.I ~t~} ot' the gro~'th management plum 4mtil-sueh-time as /he.respeetive ~x)mp~:ehensi~e plan amendments lo implement-the- tinal--~d~- oI:-th~Admims~atio~:ommbsion-dn--Ga~-No:-99~)~ (tX)AN Ca~No=g8 0~4GM0 be~ne~egally ~tive-n¢that--A-~a~ut:suam-to~ub~tion t 63:3 t g~( 2 k --gku4da- g{at utes- s¢-lon~-as~ueh-amendments-do ~o¢[equ]ve 4mp~menting land development--vegulations=-tn-th~c~s~f gr~fl+mtana~men¢l~mkmnendu~nts.fltat-specifically require iml)lementing land d~elq)m~k~guiati~ms;4h~torato~:iun~hall mmain4n eft~ct tuttit the m:dinam, e adot)ting--sut:h-FeguIafim~s g 4egat~ e.f~et~e. 2.2.3!.2. Cco;4r~q:hic .;'toFo q/' m::w';:! ;'c',;'ua':'cc Frr;tccHa:; w'c,:s. The t~on a~s-4nc-lud~t~l~tg~a~t!y des~d-~: 'l'hegamp Keis~tFand;CRt:~W t:.mM~ (~al0ac~hie Skatgh;- Belie Mead~ggotalkG~t~state~. _~:g:_LI=~. POr~mtte~14:~.'es. rl'he-lbtlowing-uses--s'hall be-the-¢ml~4v.aes--a41owed--in the-natu~,al t~sourue-proleution m'eas-in-(he--14ural-l;~:htge At,~ and-theRLt~l I~ands Al~'m as these Areas are identified in lite thlu[e land use-elem~tl.-ot~-the g~ou'th-ntanagem~t plum until such time as the ~adments becoming effective for each Area d~ribed in the FLU E,qh~on on ~nitted us~m-i~hat s~eified ~a~H~v,,;'='~, except ~at ,,,~,,,,~,~ imp!ementin~at:d deve,opmem~ ~gtgat~n~a~pecifi~lui:'ed for a particu~use, said use shall~&~tbject-t~flm thnimt~n+h+4hi~ '~ection on pc~f~-uses ut~khe im~mi~d~evelopm~ ' ' =emem.plan-amen~nents; th~tem¥~implememing-tand development regulations~ tn=similar phFase4neh~des ~ne~mCdevelopment o~Ommcd developmem~mfin~inanees. 4 Agricaltura! ~-~ ,4; .... ~ ..... ~,=a · ~.~ ~, ..... / ....... USES. _.'2 One-s4a~!e~ family dwelling ..,,,,'m;' per ,~,l"' o~-pa:'cel c:'ealed-pFio: .... ,,. Juice ..,'~'~ IAl¢~. assessment, or any phase thereol; shaP,-~t affect o:' limit the co::tinuafio~of exislimgqmes-.--[i:~isfim3 uses ........................ uses .......,,,,~., required perlll its ~ttimlation ................... ~r existing_ uses oh~n ;..oh,a ........ v ..................... ; ..... c ,~ .......... , ....... ;e .... ~. expanslons' are ~ ................. ...... : ......... : ............... s ............. require OF F'age 82 of 1 74 Words ....... throt~gh are deleted, words underlined arc added COLL~E~ C OU~I-Y As-pe~ eotmt?t~:qquesa~-Ot~.O4~9- 77, § 3 Br-adopted~Novemloe~,,-t9994s-.4ndttded-het~i4va,,~ ~2~3t ;-it should be noted that pt,:suant-to sakt-tn'dinmtee; th. is-secq-ion-shalbnot [~¢ome legally Adnthtisiration-Colnnlission Final -Ot~er-m -Case No.--994)~- (DOAH Case- No_-Og-0324 GM) Sec. 2.2.31 NORTH BEI.LE MEADE OVERLAY DISTRICT(NBMO) 2.2.31.1 PUI~,POSI~ AND INI'ENT. The North Belle Meade Overlay(NBMO) is t, niquctothe RFM[J District bccat,sc it is surrounded b~/. areas that are vested Ibr develpp~Bgl3Lo~ !~lrgg_Sidcs: [~cc~u~g !bi~_~rca i.~ JBr~.~u!clcv~l~ped and includes substantial vcgg~!~[c~5, ih~ ~!}M() ssu) al~J_ ~_provide valuable habitat fin' wildlit~, including cnc~r~cj._SEcc~c~= ]['IA~_NI_~M~ [5 intended lo achieve a balance t)l' both preservation and ~x)rtunities lbr future devclqp~!~g~!kll)i!g takes into account resource proteclion and the rclalionship between this area and the Fstatcs dcvclopine around the NBMO. 2.2.31.2. GENERAL LOCATION. The NBMO area is surrounded by Golden Gate Estates to lhe north, east. and west and 1-75 to the south. This NBMO comprises some 24 sections of land 5,550 acres and is located entirely within the RFMU District lSection 2.2.2t 50 Page 83 of 174 Words struck tlu:ough are deleted, words tmderlincd are added NORTH BELLE MEADE OVERLAY DISTRICT GOLDEN GATE BOULEVARD ALLIGATOR ALLEY (SR. 84) - INTERSTATE- 75 2.2.3 1.3. AI'Iq. ICABIIATY: A. N BMO R EC E I V IN G I.AN DS. Permitted, conditional, and accessory uses with in NBMO Rcceix ina l_ands ~m~kb~_as.!gl_~2~ in Section 2.~:25.2= ~ce~_as EFosj~ed j~ l,ands to the extent specifically stnled in Scclion 2.2.3 I. ttowever, all development wilhin NBMO Receiving Lands shall comply with all no~environmental review procedures R)r site development plans and platting as set foNh in this Code. B. NBMO NEUTRAl, I,ANDS. Except as otherwise s_pecilically provided in 2.2.31.4 and 2.2.31.5.17,, all develol2!13_e_nLLvvi_ll3in N[~_N__JO__ C. NI?,MO SENDING LANDS. Except as otherwise specilically provided iu Section 2.~2.~31.4, all __dgvelopment wilh NBMO Sending l,ands shall be consistenl wilh Section 2.2.2!,5.4. 2.2.31.4 GENERAL PI.ANNING AND DESIGN CONSIDERATIONS: A. TRANSPORTATION. As a condition for the approval of the residential co,nponent 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 oompletion. 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 2 I, 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 staff, to safely serve earth-mining activities with a connection throngh Sections 32 and 31 to Landfill Road. 3. Lands required for the extension of Wilson Boulevard will be dedicated to Collier County at tile time of rezoning, The right-ol'-way shall be ol'a st,flicicnt size accommodate collector road requirements. Page 84 ol' 174 Words slmekqhrough are deleted, words u!)dg[li_qg_d arc added b. be desi,2, ncd xvilh aqaatic species c,'ossimzs small terrestrial animal crossin,,s and h.u'uc terrestrial aninlal Cl'ossings_.Eur~St_la[__![_[~.2 Conservation Commission criteria. B. BIJFFI-;RING. The western I/4 of Sections 22 and 27 shall bc buffered from thc NBMO NRPA to thc eas! 12x~' a buffer preservation that includes all of Ihe eastern ~,3 of thc C. GREENWAY. A G,'cemvav that follows natural flowwavs, as contemplated in thc Communit%Character Plan prepared by Dover Kohl, shall be created within NBMO ~gtlS~)g A. R[~('EIVIN(i I.ANDS I .l)cnsit',,. a. The base dcnsitv in RI:MU Receiving l.ands, outside of a Rura[~VVill;__~ge is one d,a c I lin g t, nit p__c['_!}v~e (5') gross ac rcs. b. This dc ~s t,. may be increased, th,'ough TDR Credits, up to dwellin,2 un it per L'rOSS acre. ('rt.:_t!i_t s: ~3'ddi! i~]!]al !1!',_t'~_.2' !2e_ (I) 0.1 dwelling t, nit per acre for each acre of native ye<elation preserved on-site; (2) 0.1 dwelling unit per acre for each acre of wetlands having a_ fimctionalit3cvaluc as assessed using_.t_ll_c._.~Ll!!!.[:_!(_ff_i_c!~ ._W__i!l__cE _M_~!~gg!l!c'!!! (3) 0.1 dwellintz, unit pet' acre tbr each acre of NBMO Scndin,, I.and that is within either a NRPA or it buffcr area adjt2i!!i!~g a _NRPA thLU is c_l_ct_lici~tct_Jl [(±~2..12t2blic or l?rivatc entity for conscrvalion usc. 2. The earth mining operation and asphalt plant uses that currently exist within NBMO Receivint~ Lands mav 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. 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: (I) 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 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 p_Eg_vide, witl3out the use of'any public fimds. c. If the conditions for expansion set forth in b above are not s~atis0ed, ~ mining operations or asphalt plant in lhese areas, other than continued_c2pe,'ations Page 85 of 174 Words s,:'uekqhmuc, h arc deleted, words underlined arc added on the western hal;' of Section 21 at historic levels, shall be permitted only as a condilional use. 3. A Greenbelt is not required for any dg'Z_'KIA)IZPZILt _iL1 l~,uml \'ill,mc sci ti. rah in Section 2.2.2! ~l''l. II. cxcc~![~3~ ll[~[[[}~3Zj a. Density. AnNBMORuraIVilhmcshallhavcaminimunim'ossdcnsilx ofl.5 dwelling units per acre and a maxilnum re'ess dcnsitv_zl_'_ll~!'e_z~3) dv,zcl~lit3g units per acre. ( 1 ) The mil:imum required density shall be achieved ttu'ougL~ TI)R and {21 ()ucc thc minimum rccBtircd dcnsit.y is achieved: additional dcnsily acre tln'ouah any one or combination tH'thc Ibllowing: (a) TI)R Credits; (b) 0.3 dwellina uuit per acre [hr each acre oF native vegetation preserved ou-site: (c) 0.3 dwclling_z!!it per acre Ibr each acre o1' wetlands havin,2 a l'unctionalitv value: as assessed usinu the South Florida \Valor Mal~agemcnt Dislrict's IJniGed Wetlands Miligation Assessment Mcthod,~ of 0.65 or g!'eater lhat are (d) 0.3 dwelling unit per acre fei' each acre oF NBMO Sending Ixmd that is within either a NRPA or a buf[cr at'ca adjoiuiug a NRPA that is dedicated to a publi_c or private entity for conservation use. b. Sidewalks shall be required on both sides of the slreels. c. lulcrcon ncctcd bikc lanes shall be t2L'L~V it__tc_'d _L:]!__Lll_L_c_t~ [[C_c!gr ai_]_d~ _il['[~l_'iLI[ d. Schools shall be located within a NBMO Rural Village wheuever 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. c. Elementary schools shall be accessible by local streets and pedestl'ian and bicycle facilities and shall be located in or adiacent to the Rural Village CeL~teE provided that local streets provide access adequate to meets the needs of the School Board. B. NEUTRAl, LANDS. Neutral Lands shall be governed b~ltlle slandards scl forth in Section~ ~ ..... ~ ~',"z.o:' with iht cxceptiou lha~ in those Neutral I,ands located in Sccliou 24. -l'ownsifi~j9 South, Range 26 Eas~ minilnum of 70% of the nalive vc~tatiop present shall be preserved. Sec. 2.2.36. Reserved. multiple l'an:ily and other-uses are permitted with ma'xi:nun: heights of ten sla:'ies not-to Page 86 ofl74 Words struck through are deleted, words uuderlined are added :t-'he a:'~ ~ ..... beeme~pe~icnci:',g ..... ek~ ..... pressure ......... Redeveh~m~e~ propo~ls-l~v~een plam~ed to ma~imi~e-the4ts~tLt~ avaHable-lan4by milixing maximum development, stamtm~ds (m small&ns dial were,~qgi~alty ptatt.~t-in the t OS(Ys. Wilhom an o~day disu4c4 H~m~ut~stabtish lite Hrea woHJd redevelop with ten-story buildings on small lots on each side ct7 IJle narrow (hillkhote t)live crealing a canyon-like el'tbcl, exacerbaliilg ahead) exisling llal'lic c,)n?sliolt and l'ut'thet' t'edttcitt~ view cOt'Fidol'S alld, lighl and ah' ittOVelltelll belx~een die Gull:tH' Mexico and Ihe Vanded}itt- Lag,~m, The issuam~e-of any development ~eP,~4~and use:; {~ set ibt,~ subsection~_:_X46~4-ol:4his.eode is pmhibitedamfit- 'JmmmT~34,--~0(~, 2~2;~ro~h -t'-r,hibited--~.te, e~-'i:l'~e-4ssua,qce of any de;elopn:e:d o,'qJer ~hw,-~ould-allow-4he fo to~vi~?use~-is--hereb.v-pt~htbited-amHb4ammr~ 3 I, 2004-~-wd~ile -the-¥andeebittt Beach residential tottFbst zoning district at:ea assessmenkis beia~ondt~ied. -1~-- Per mitred-uses,. a: I h)tels and motels: c. Faro ih,.' care ,caei4~ies: '~,~ 4J-se~ acces~}~4o~et'm itted-use~. rggh~it~the P.T zoni~Fiet-su~.'ecl ?..-,-lhe exemi~ams-sel-Km-h--in--subseet;,on ~.~,-~6,5. oPthis Code. b. Shops, personal ..... ; ...... ~";~" .........eating or d:'hddng dancing aad ~,%~,4 ........... i ........ r.~.;i;,; ....... "meedng rooms .... ' ..... ~; .... ; ....... wt~ such u~are a~tegra! part cfa hotel or motel and to be ~ed by the patr~he hotel/motel. c. Rec:'eationabl~eitities tl~t serve as-a~imegval-pafl of 'a per:mU~,~designmed I an a siie4e~lopm~t~r pre,imin~t~i~bn-ptabthab~as been-pve~ousty reviewed approved and invo!~se 'of a ~cture which may in.de, bu~ 3. Condition?,! uses. Churches ""'~ ^" .... ' ....orwors,;m. '."~ b. Marina:. c, Group .............. ~ ....~,~,~ ..... ; care ...... , ........ Car~ ..................................... d. Private clubs. Page 87 of 174 Words stmek-Ommgh are deleted, words underliner! arc added the items listed in sabsection 2.2.36.6 hereof. ..................................................................... u-,, zoning ,~: .... ; ....................... ~; ..... ~;o~ ...... , ..... ~ applications c,, rezonings, c~t~al uses, Yariances~ubdivision approvals, site development plan ~provals~!ats wer~fi~d~th or approved by P"":~ p ...... *" ' '~" .... a~,i.~ a~ ~c,h; .......... ~ ...... , [:.. ~t:-poses ............. ~ prior, ........ v ................................... .......... b;' *h .... a~ =.r ........... de~artment director, deemed ......... j. ....................................... _ heigtm. 2.2.36.6. C',~:::?,:;'ali'on of cxisl?,g for which ~u required .... ;,~ ~ ..... ~ .... ; ..... a. ~o~ ..... ;.= · ................ additions or modifications such as an increase in height or building footprint or an increase in ~ngit> or intensity; or casua!t3 ~.~ or ...... -~ ,~ -~,~ -, Mr;F' T~.~ c... .... ; ........ depicts "'= x/.~,,~.~.;,, n .... ~ reaident4al-tour4st zon4t~ district assessment area subject to these in|erin: development controls (moratorium}. Page 88 of 174 Words struck thr-ough are deleted, words underlined arc added t (Ord. ×~^,,~. "~.~., ~ ~ 3.B.) SUBSECTION 3.B. AMENDMENTS TO DIVISION 2.3. OFF- STREET PARKING AND LOADING Division 2.3. Off-Street Parking and Loading, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as. follows: DIVISION 2.3 OFF-STREET PARKING AND LOADING Page 89 of 174 Words struck threugh are deleted, w(.d:~ tULtI~!-!i_!Lcd arc added .'Sec. 2.3.5. I'assenger vehicle parking in conjunction with residenlial struclures. 2.3.5. I. l'url),,ve wzd intent Il is lhe intent and purpose of lifts section m limi~ tl~c number of ~ clficlcs lJlal H~ax be Ixu'kcd on a property and lo t)rohibil Ibc parking of vehicles in areas o1' a 1ol xmt spccificail) dcsi?atcd Ibr sucll nsc. 'l'hcsc regulations shall apply lo ail passenger vehicle parl<ix~ aclJ~ [tics or stox'a~c o1' passenger vclliclcs in connection wilh residential structul'cS whicl~ me located on propcrt~ designated as mixed usc urban residential on ibc future land usc map o1' ~roxx fll mm~a~cmcm plan in cfl~ct as oflbe el'IL'clive date ol'lllis ordimmce and xs hicl~ arc zoned or n~cd Ibr residcmial uses. Thc parking or storage of xchiclcs in cum~cclion xxilh Iht rcsidemial dx~ riling tmil~ which Ibc parLin~ aclix ilics arc ancillarx and accessory lu shall be i'e~ulmcd as 2. i.S.I. ~. ~.~.~. I&.,/hU/irmx I.'or purpo~,es of' lifts scclion, a passcnBcr vdliclc shall bc car. piclxul~ Iruck. molorc}clc, van. sports ulilil5 ~chiclc or Iht Iii<e, used in-imm'il} Ibr transl)Ot'ldtion ~llld lIne transpt)rtatit}n of otllcrs but which is not for hire or tlSCd tbl' commercial recreational purposes. -~.¢.&~;:~Z:=_.2: ~ ' S ' Single/tll;li[)' dwelling units. Thc lbllowma~ requirements shall apply, to those xchiclcs parked or btorcd outside of an enclosed strtlCltlrc including thc residential dwelling unit lt)g'clhcr xx ith anx alluchcd or dclachcd gam'agc ol' carport. 2.;.5.3: 2.3.5.4_. 7'~'~ lami!v dwc/lm.~, .nit,s: Thc Ibllox~ing rcquircmcms shall apply 1o dmso x chicles pm'Lcd or ~hn'cd t)ulsidc of an enclosed structtn'c iJ~clt~ding thc dx~clling unit Iogclhcr wilh an atlachcd or detached gzn'agc or carport: 2.3_5.4: 2.3.5.5. .~lu/ti/;le /bmi/y dn'e/lin,g ttnil.v (i.e. 3 or more dwelling unil.s cxce/)t.[or g,rden ~q;urtmcnts a.v ds'fined in .se~'ti(;n 6.3. q/'thi, s' ('r;~&). lhe lbllowing requirements shall apply to those vehicles parked or stored outside of an enclosed slructtn'e including thc dx~clling unit together xx ith an altachcd or detached garage or carport: -.T&.5=~ '~" - ......... a._~.6. );ingle./imnly attached dwelling units. Where structures consist o1' single lhnlily attached (i.e. row houses) dx~clling units, each with its own driveway to a common access'wa), or public or private street, then all parking areas shall be limited to a designated drivex~a)or driveway and~oara,,e~ combination. ~&A. 6,. 2.3.5.7. l'ehicle owner.vhip requirements. Vehicles parked and/or stored in connection with residential dwelling units as described above shall be owned or leased by thc occupants oFthc dwelling units or their guests. Vehicles owned by a Iirm, corporation or entity tbtxvhicb thc dwelling unit OCCtLpant iS employed are exempt Ii'om this requirement. Tiffs provision shall not be cunstrued to apply to vehicles owned by persons or business firms visiting thc site fi)r social or business purposes. 2.3.5.7.2.3.5.8. Parring in righl.s'-oj'wrO,. Vehicles may not be parked or stored upon that portion of the right-of-way not directly a part of the designated driveway or designated parking areas. 2.3.5.8. 2.3.5.9. NonconJbrmities. Nonconforming lots, tracts or parcels of land that were otherwise lawful prior to the effective date of this ordinance shall comply with tiffs ordinance within 90 days of its effective date. 2,3.21.4. For facilities in se=lion 2.3.21 not of sufficient size to meet the minimum requirements set forth there!n in Section 2.3.21, each such facility shall provide off-street loading on the property for the parking of a delivery vehicle, in accor~ance witk section 2.2.2!, to !nsure ensure that no deliveries or shipments of goods or products will require the use, however temporary, of any public right-of-way or required off-street parking space for the Page 90 of 174 . Words s4t:tmk-tlh'~ough arc deleted, words [m_dc!-lm.c_'_d_ arc added SIII}SECTI()N3.C. AMENi)MENTS TO DIVISION 2.4. I~ANDSCAPIN(; ANi) IHIFFi~RIN(; _.4. l.amt>,cat'4t~g and I:~ufl;,:rin,~,. ol't)rdinam:c '41-1()2. a~ at'ncndcd, thc £'ollicr C't)tmtv l~aml l)cvclopmcnt {,',.)tlc. is hcrcb5' amct~dcd to read as follmxs: I)IVISION 2.4. LANI)SCAI IN(, AND lllIFFISRIN(; 2.-1.7.2. . ttydicrd~ili(r. 'Ibc buffering and scrccning shown iii table 2.4 shall bc rcqnircd under this section and shall appl)lo all ncxv dcvclopmcnl. Exisling landscaping which dues not ctmqA) x~ ith thc pm'ox isions oflhis section shall bc Drought inlo conR~rmity lo lilt maximnuni extent po~sildc xs hun: thc vehicular usc area is allcrcd or expanded except I~)l' rcstriping of IotsArivcs, thc building sqmirc t~olagc is changed, or there has been a disconlintlallCC ol'tlSC l~ll-il period of b0 conscculivc UJ~IX S t~F I1101'~ Lllld it I'CCJtlCt)t J't)l' [111 OCCtlpaliOllaJ JiCClISC It} rcstlmC btlsilleSs is lll[ItJc. 1 hc I-mt'lbring and >,creening i'~ro,,'isi~ms of this Codc shull bc applicablc ut thc time of phmncd trait dcxch>pmcnt (PUl)), l)rclimit~ar5 ~ubdi~isitm plat (I>SP), or site dcvch)l)mCm plan (SI)P) review, with thc installmion of thc bufI~'ring and screening required pursuant to section 2A.3.5. l!'lJ]~ ~t~licant chooses to lbrcuo thc o~!ional PSP ~occsD~]c~s~uncd and scaled landscap~g125 xx~[! [2~.[c31pi~'ct~.t21Lll~.ljj!~1!2tjbd~zjs~o~J t21at~ Where a more intensive land usc is developed contiguous to a propcrl5 within a similar zoning district, thc planning services director may require bul'lZ'ring and screening thc same as lbr tl~c higher intensity uses be[ween lhose uses. lxmdscapc buffering and screening standards within any planned unit developmenl shall conlbrm to thc minimun] bufl~ring and screening standards of thc zoning districl to which it most closely resembles. Thc phmning services director may approve alternative landscape bufl~'ring and scz'ccning standards xxhcn such alternative standards havc J)CCll dclcrmincd by usc of prolbssiom~l acceptable standards to bc CClUivalcnt to or in excess of thc intent oflhis (/ode. 2.4.7.5. "Collier (,om?0, Slreetscape Master P/an ", "Construction Standards Handbook fi)r JJ'o/'~ ll'ilhin the Public Righls-r4f-Wa)' Collier CmtnO' Fl?rid~" ~md the "(]olden ('ommttniO' Roadu'qv.¥ Beaut(/icr~tion Master Plan." Street corridors identified in Section 2 and Figure E. 1 of the "Collier County Strcctscape Master Planj' thc "Construction !"[~2r~s!~3~' and thc "Golden (Jato Community Roadways Ilcaulil~culitm Maslcr including areas within Ibc righ¢olkway and on required bnffcrs ac[jaCClll Io Iht righVof way, shall adhere to thc requirements ' -~,,u' ,- c olfl}~ .... ~e. ~,2 Stree~:pc a~ tl~'e "Golden Gate Commumly Roadways geaut~ficat[on~er Plmi' these documents. Notwithstanding the above, for required landscape buffers adjacent to any right-of-way, the rcquircmcnts of Section 2 and Figure E. 1 of the ~'Collicr County Strectscape Master Plan", the "Construction Standards Handbook for Work Within the Public Rights-of Way Collier County, Florida" and the "Golden Gate Community Roadways Beautification Master Plan" shall apply at the time of issuance of any related sulx, equent development order including construction plans attendant to the approval of a final plat and/__or a final site development plan. Where the application of said Master Plan standards and requirements is questioned, an official interpretation of the planning services director pursuant to section 1.6.1 of the Collier County Land Development Code may be requested. Further, the interpretation of the planning services director may be appealed to the board of zoning appeals as prescribed by section !.6.6 of the Land Development Code. SUBSECTION 3.D. AMENDMENTS TO DIVISION 2.5. SIGNS Division 2.5. Signs, of Ordinance 91-102, as amended, the Collier County l~and Development Code, is hereby amended to read as follows: Page91 of 174 Words st, uekqlm~,vgh arc deleted, words _tm~er!h~c__d_ are added I)iVISION 2.$. SIGNS pcrnlittcd in non-rcsidcnliat districts stlh, jccl lo IbC l'ollOxx ins: t4~nt?:-o~:-similar m'ound sign with ti ma×imum hcit~ht_ oF ten ikct or wall sigu, with a ma,:imum area of twdvc square Ik, ct in size pcr street fi'ontagc for cad~ parcel, or lot less than one acre in size./No building pcrnli! rcquircd.~ One ¢routtd-~m 4~itk-a-m axqmum4~eighbotq em~et.4~e~t+t I Lqq~e4k4 lee..'ztqn: t~¢tlt,z~ OF-SJlltJJttt' ~[~IA~ 5J~ll~ x~rith a nlaxinmm .... Iici.hi,, OI loll iCCI Of wall si~l with IIKIXilllLIIll ~ Sqtlare lkct in siz. c, per Sll'cOl J]'Olllagv J~]l' each pm'cci, or lot tmc lo ich LlCl'~5 in ~izc. [No building pCl'lllil required. ) J~eltt," OI= s/ntilae around si~l/xs ith a lllaximLiin hcioht of 15 Ikct or x~",l J sign' wilh a II/ktXJlll[llll oi'64 Sqllal'C lkct in size. per slr¢cl l}'ollla,~c for cacJl parcel or lot in excess el'fen acres in size. A huiklin~pcrniit is required, 2.5.5.2.5. I. Pole or ground signs. Single-occupancy parcels, shopping centers, el'rice coral)loxes, business parks. ~ and industrial parks having l?ontagc o1' 150 lkct or more on a public slrcct, or combined public sll'OOl J'l'ontage of 220 linear Ibm or more lbr corner lols, shall be permitlcd one pole or ground sign. Additional pole or ground signs may be permitted provided that thoro is a minimtlm of a 1,000-lbot separation between such signs, and all setback rcquiren~cnts arc met. In no case shall thc number oF pole or ground signs exceed two per slreot l~ontagc. In addition, multiple-occupant5 parcels such as shopping centers, ollqcc complexes, business parks, or industrinl parks containing 25,000 square igct or moro of gross leasable floor area, and eight or more independent businesses will be permitted eno directory sign tbr a single entrance on each public slrcct. When a directory sign is proposed then pole or ground signs shall be limited to the name and logo of Ihe complex and shall not contain name of any tenant. The directory sign shall conlain a minimum of t~ur and a maximum el' eighl tenant names. The nanlc el' businesses located on outparcels shall not appear of directory signs. 2.5.5.2.5.1. I. Ground .vigns fi : smaller lots. Single-occupancy parcels, shopping centers, office complexes,_, business parks, and industrial parks may be issued a sign permit Ibr one ground sign provided that the f'ollowin~ minimum requirements are met, as apl*lic',ble: I) For those lots or parcels with public road l¥ontaqe of no less than 100 feet, but tip to 149.9 l'cct, ora combined public street I'rontaec o1' no less than 150 Foci but less than 219.9 feet for corner lots or parcels: a) No portion of the ground sign may be located closer than 10 lket from any property line; b) a planting area of no less than 100 square feet shall be provided around the base of the ground sign; c} the ground sign's architectural design, construction, and color shall include features common to those used in the design of the building where the corresponding business requesting the sign is accesso _fy to; d) the ground sign may be double-sided but cannot be placed in a V-shape, and must display identical copy on both faces; e) any illumination of the sign must be non-revolving and shine away t¥orn any right-or-way, and shall require an electrical permit. f) the street address for the businessfes) shall be displayed in numerals at least 8 inches high on all faces of the sign and must be located so as to not be covered by landscaping or other impediments; and g) no other free-standing signs will be allowed on the same lot or parcel Page 92 o1'174 Words strtvdk-thre, ugh are deleted, words tj_nd_c2[l_ip_~_d_ ;.Irc added ~ In additiolL for those lots or parcels with l'rontage el~ 121 to 149.9 I~t, or a addition, fin' those lots or parcels x~ ith fi'ontaggof It)t) to 120.9 l'ccl: ii) the ,,zround stun shall be limited to 6 feet in height, as I~aea___ssure~d l?om tile lowest centcrline re'adc of the nearest public road to the u_P2P)X[!!!t2s2EL)L't_io~! si,.zn slructurc rettardless of the roadway classification: and b) lhe maximum allowable sig~_area is 16 square feel. ~.-.~_2.4.-:4d: 2.5.5.2.5.1.2. The minimum setback requirement ilia), be administratively reduced bx a lllaxilBtllll ot' tull I~ct by thc pkmning services director upoll stlblllissJoll o1' thc adn/ildSlralix, c x. ariuncc fcc and a xxrittcn lcs~ Ihan t]xc l'cct. I'hc i)Janning ~ct'viccs dircctm"s decision h) reduce thc required sclback shall be based on thc Ibllox~ing: u) \Vhcrc it can bc demonstrated that within the adjacent right-of-way thc area between thc propcrt5 linc and thc cdgc ol'puvenlcnt is excessively wide and lhat thc actual paved area is unlikcl) to bc widened to thc extent tlaat reduction in the required setback will result in thc sign I:)cing an) closer than 30/~ct to tl~e edge of pavement; SUIISECTION 3.E. AMENI)MENTS TO DIVISION 2.6. SUI'i'LF, MENTAI, DISTR1CT REGIILATIONS l)ivision 2.6.. Supplemental District R. cgulations, ol'Ordinancc 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as lbllows: DIVISION 2.6. SUPPLEMENTAL DISTRICT R. EGULATIONS Sec. 2.6.3. Exclusions from height limils. 2.6.3.1. General exclusions. The height limitations contained in Ddivision 2.2 do not apply t__qo infrastructure in support of the building, such as mechanical penthouses, elevator shafts, stair shafts, mechanical equipment, mechanical screening, spires, belfries, cupolas, flagpoles, antennas. communications towers, water tanks, fire towers when operated by a branch of government, ventilators, chimneys, feed storage structures, silos, windmills, airport control towers, or other appurtenances usually requ!red to 5e placed above the roof level and not intended for human occupancy; provided, ~' ......... ,,~ ~.~:~.,~ ~r,, .......... , ....... o ..... .................. ~ ........................ appurtenances thereto ~h~n not ...... ~,: ...... :,s.:~ ,~.~ n:~h ........ ~ ..... e ~: .... (See .... :~ 2.2.23.) or for commercial ptlrposes as provided below: (i) Structural elements shall be no higher than necessary to accomplish the purpose it is intended to serve. (2) The aggregate area of structures or appurlenances shall not exceed one-third thc area of thc supporting roof___. (3) Where this section conllicts with Division 2.8, tile provisions of Division 2.8. will conlroJ Page 93 of 174 Words st~:t 'c4~ through arc dulctcd, words tJ!Ld_c_'_rlil__!~cJ arc added L~} Thc heights of these structures or appurlenances thereto shall nol exceed any hei,_4h! limitations prescribed by the Federal Aviation Ag~Bcy or airport zoning regulations within the {]igtj2 ~3t~t2mzoac[3 z(~13g ol~i3i[NnZts~CSee section 2.2.23.) Sec. 2.6.9. ESSI.:NTIAI, SEI,IVI(71.:5: I~sscntial services arc hercb> defined as: Ihcilitics promote alld protccl tmblic heahh, sulbly alld wcllhrc, including but not limited to lhc Iblloxsing: police lilXS cliforcemcnt, lire, emergent> medical, public park and public librarx Ihcilitics; alld all scrxiccs designed and operated to provide wilier, sCWCl', l!il~t~l'i~} gas, lclephonc, clcclricil>, cable lclcvisitm or commtmicalions lo ll~e general public by providers which have bccll approved and uulhori/cd according to la~xs having appropriale jurisdiction, and governmenlal Itlcilities. Ussential 2.0.9. I I)I~P, MI FTED Uses IiSSENFIAI~ SF:RVICISS. PI:!RMITTISD I~SS[~NTIAI~ SI~P, VICES IN AIA. DISTRICTS I~XCEPT CON I'~)lloss lng uses csscntinl services arc allowed as permitted uses ~[! S~[12020i~!g gJjSLtEN~ except as si}ccil]callx Drohibitcd herein lin' Consort. alton, RFMtl )istrict Scndin,, ,,¥_~_~ater lines and; sex~cr lines;;. Natural ,,its lines, cxccpl those ussociatcd with till cxt'tc on und clalcd tJ~clcphonc lines, telephone switching stations, and cable television lines; Communication Towers, limited to those providing wireless emergenc~ [clephonc scrx, ice, subject to all applicabl~provisions Scction 2.6.35 of this Code; e[ilcctrical transmission and distribution lines, substations, !tj~ emergency [3 t ) ~.',, t21' SII'LIC[ [ll'CS~ s_Sexx, age lift station~ and water pumping stations; e_Essential ser`,'ice ,,,,'ells (including extraction lhcilities: and requisite ancillary Facilities=); and 8__. aAny other wells which have been or will be pcrmilled by the South Florida \Vatcr Management District or the Florida d~epartment of e~nvironmental pl~rotection either prior to or subsequent to the effective date of this ordinance, or if the respective well and/or well related lhcility is otherwise required to be installed or constructed by law; i~~i~i~'k~i~i~dual p~etl~m~d-septie tauks~ and s~il~-~utaHatiet~nec~ssaFy-li)Fthe pedbm}anee-otMhese~evvie~: If any proposed w~ll is a Collier Courtly owned w~ll under [he permitlin~ jurisdiclion oI' a Florida agency, sial'f, early in the e~ounly's well perlnit application process, shall post sign(s) at the egounty'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 ou which the applied-tbr well is being sought by the eGounty, 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, HSAS, AND FSAS. 1. Within CON Districts, Sending Lands in the RFMU District, NRPAs, 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 section 2.2.27.11.C., 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 il' located within already cleared portions ol' existing rights-of-way or easements, and necessary lo serve a publ_~Jy owned or privately owned cenu'al sewer system providing service to tn'ban areas alld/or the Rural Transilion Water aud Sewer District; and, Page 94 of 174 Words stFuck thFot~gh arc deleted, words underlined are added d. Water pumpin.t~ stations necessary to serve a publicly owned or privateb,' b.('. ,,\I)IH I'll~N,\l I'IiI,~IXll I'I/,'.D_ I,iXHI(N I/A_I. ~1,:1-~¥1C!,~ IN ~3.~I~11~1 .i.~'!,\ ijL~tJ IkMcjlj!ic2: pu b l i~Ezjrk aj~j pu b lic l ibraiT s.c~v~5 a:~iJ_~kd~j, lilj!5, to the~lent--tlm the i lily-m: ~er¥ice-is required b~ la~zruleot:~g~lation; shall bc considered a permitted csscnlial service. c-:l). ADDITIONAI~ PERMITTED ESSENTIAl. SERVICES IN TIIF. AGP, ICItI.TtlRAI. ANI) ESTAI'tt ZONED DISTRICTS. In thc agricultural and estate ×oned districts=_i!!std_t!it_i2!! [t_~ .tl~_g_ ~5~g~3ljaJ_ s~rxzjg~_idc~tjlScc~ _above_i2 Secti(~:~:~:.l.,~:: thc Ibllowing governmental ~_g[SJggS..~3~!S[ lhcilitics shall bc considered ~ran~[tc~t cssgjl.[ji~l s~[xZigEh: nonresidential nol-tbr- profi~ child care. nonrcsidcnlial education Ihcilitics, libraries, museums, ncighborht~od purks, [llld rccrcaliolnll scr~ icc Ihcililics. idcntilicd aboxc in Section 2.6.9. l.A.~safcty services, and other government services. [Lc~cc!sa2?___tt2 promote and E!'_Q!gC~t t)ublic health, salary and wellhre arc 12cr~Bi[[cc~ d:l:. AI)I)ITIONAI. Iq:iI(MIT'I'ED I".SSIiiNI'IAI. SliP, VICES IN RI';SII)ENI'IAI,I.Y ~(?NF, D [)_!~T!_~J(_71_7~, In rcsidcmiallv zoned districts= j!LiJd_ditit2~&.B2 tl~_e. Xs~sc_q!ii2[ jsl~_n_!il]~.J_~_d2_oy_.c_' _iJ!_~5_cc_'t_jt_~L~2~).:6,.I .A.¢ neighborhood parks shall bc considcrcd a permitted essential scrvicc.~ 2.6.9.2.£&mdititmal uses CONDITI()NAI. USES. The lbllowing uses reqt,ire at)proval pursuan! Io section" - ' _.7.3.-1.s conditional uses: a,A. CONDITIONAl. ESSENTIAl, SERVICES IN I:~VEP, Y ZONING I)ISTRICT EXCI.III)ING TIII'~ RFMU DISTRICT SENDING I.ANDS, CON DISTP, ICTS, Nl_~12&,_q, ANI) RI.SA DESIGNATI-~D IISAS AND FSAS. In every zoning district,__t!p_lg55 9_t_hql£v,~_iSg identified as permitted nses. and excluding. RFMII District Sending I.and=%_ Ct__~!!_.l_)istjz'jc_'!s= and NRPAs. the lbllowing uses shall be allowed as Conditional Use\ e_Electric or gas generating plant~; eEflluent tanks4 3_. m__Major re-pump stations sewage treatment plants, including percolation ponds, and water aeration or treatmenl ~.mts, ht_!ospitals and hospices; a~L~d --water aeration ar treatment pla::ts, 5_:. gG__'overnment facilities, including where not identilied as a permitted use iu this section, safety service facilities such as includiut4 law enforcement, fir.~c emergency medical services. , except as otl~erwise s~ed by Se~on. 2.5.9. I., M' fi~is code. B. CONDITIONAL ESSENTIAL SERVICES IN RFMU SENDING LANDS, NRPAS, CON DISTRICTS, AND RLSA DESIGNATED HSAS AND FSAS. Within RFMU District Sending Lands, NRPAs, CON 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: I. Sewer lines and lift stations necessary to serve a publicly owned or privately owned central sewer system providhg 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 1N RFMU RECEIVING AND NEUTRAL LANDS. In residential, agricultural, and estate zoned districts? and in RFMU Receiving and Neutral i.andk~_i~3 ~_ddj_~jojj~ Page 95 of 174 Wo,'ds stramkq-hrotlgh arc deleted, words t, ndcrlined arc added to those essential services identified as conditional uses Ik)llowing Essential Services shall also be allowed as conditioual uses: _1 .......... rl~_cgional parks and commtmity parksq 3: o(~thcr similnr IL~cililies, except as uthcrxvise spccit~cd herein. 2.6.0.3 ,4t;l~/it~l~iti(v-of-,~#.~,t- reg,~Itttk~e¢: CONDITIONAl, [;SI~iS l:)~ete~' tl:is~st~sect[on-~'~'hcre structures are involved other than structures Sul!porting lines or cables, such structures shall cotnpl5 with thc rcgtll~ttiotls I~)r tIic district il~ which they additio~, thc structures shall COlllk)l'lll insolkt~' as possiblc to the character el'thc district in which tl~cx arc lectured as lo dcvclopt~cnl slalldiH'ds, lib xxcl] ~s archilccturc utilization of screening and bulTc~-ing [st c~s~zZ~ coznp~lJblc with thc dislricl \¥'ithin lhe I~.I:MU District Sending l~ands. NI~,PAs, Conservation Dislricts~ and thc t{I,SA l lS/Xs and 1:%.,5s, sIrt~CILH'eS ~por~g tl~c conditional usc shall be locntcd so as to m in i tn i zc a~!k~jL!lp~tct~ot! ~5[i3:'~ xz cgctalion and on w i ldli 0 and w i ldli I~ h ab i tat. &;O.q.4C~ btmetu~:,s--~-c4amn~ercie}l acti~qt4es-: Essential services shall not be deemed to include thc erection o1' structures lkCr commcrci~l activities such as sales or the collection of bills in districts From which such activities would otherwise bc barred. Unstal'l~d billing services, which arc accesser5 uses to thc normal operations of thc essential scrvicc, m~y be pcrn~ittcd. 2.6.21.4. Bottl/~ottxe recluireme~its': Boathouses, including an)' roofed structure built ona dock, shall be rcviex~ed by the planning commissiollusing 'l ................... ~ ............ ~scMDed i~u~sect~n 2.6.24~ of tl~is C~~ev, tl~e 'c:'ite:'ia in sure,ion 2.6.21.3. ~e ~'*~ apply only t~sin~u~us ~i~ ~ .... ~' a~ock .......... ; ....... ~ a boathm~.4n ~he:'e *~-,',..~ beatitude is t~e constructed on an existing, ,~s-..;~ ..... ~" per:nitte~ck, ~tm'ia 'zhnll not apply since the dock itself is al~ i~i~ce with t!:e ~e. In at! cases, the t~ltos~ h~--a~k~nal eFit~i~halt-apl,bq~fl~ous~an~t I~¢1 hese-e~,ile~:ia mustbe-met order t~v-lbe planning cou~t~issiot~ lo apl)~a~vethe-t'equest: ~lccordina to thc li~lloxving~lZ~tc~2~: ~JI2 which l//tlSt bc lllct ill el'del' l~)r thc Planning Commission to approve tlc rc¢~cst: 2.6.21.4.7. The boathouse or covered structum'c intrust be so located as to miuimizc tile impact on thc viexv et'the adjacent neighbors to tile greatest exteul practical. 2.6.33.10. "Coming soon signs." A temporary_ use permit may be granted, at the discretion of the planning services director, for a "coming soon" sign located within a non-residential district. This sign must not exceed 32 square feet and the temporary use permit number must be placed at the base of the sign not less than one-half inch from the bottom. The sign must not be displayed for a period of more than six months from the issuance of a building permit or until the issuance of a permanent sign, whichever occurs first. The non-refundable fees for this temporary use permit will be calculated by the board of county commissioners and are subject to change. A "coming soon" sign is defined as a ground sign used to inform the public of the entry of a new business within a six-month time period. However, this sign may not. be located within any public rigl!t-Of-way or easement. Page 96 of 174 Words struck through are deleted, words t~!!_d_~rlj!1g_d_ are added Sec. 2.6.3S. Gomm~micalio:}s4~,~wers COMMUNICATIONS TOWERS. 2.0.35.1. Purpt~,,~e--vmd-i;t:u:~:. I'URi:'OS['~ AND INI'ENT. This section applies to specified communication towers that support any antenna designed to receive or transmit eleclromagnctic cncrg}, such as hul not limited Ii) telephone, tclcvihion, radio or microwave transmissions. This ~cclion sols Mandurds I~)]' conslrucLion and Ihcilitics siting; is to minimize xvhcrcapplicablc udvcrsc x isuul impacts ol' lowers alld [llllCllllaS throngh careful design, siting and vegetation screening; to uxoid pt~tcnlial dumagc Io adjacent properties fi'om tuwcr lhilurc; to maximize thc usc of specified thc shurcd usc of spccil]cd tox~cr sites to minimize thc nccd IBr additional Iox~cl' silos: Io lesson and lo consider tile ctmccrns of thc Collier N'losqtlilo COIllI'O[ District us lo Iow Il}lillE niosquko ctmtrol aircrai't saiL, tv. 5!~ptlls! nt!L_D~!5;~d=.. II~![lE~iicanl l*roposcs thai a new ground mounted tower wilhin this ~]~Jgh~ [~H~ ~ gt~Lcd~lhc app!]cant sh~l! have jllc b~[d~[kp[ ~'oving thc B. Bird Diverlcr Device.s'. Each new ground mounted guyed tower installed al'tm' the et'IL'clive date of this Ordinance, greater then scventy-llVCl~ ~,_5)_l~ct i~.h~eight above natural ut'adc, exclusive of antennas, shall have installed and maintained bird diverter devices on each UL:'~ wire Bo reduce _i~uries to llvino bird_s.L £'. I/ut)itul J,o.~'x. hi addition to thc rcquirenlcnls in l)ivision 3.g, towers and olhcr on-silo !}&[ilit~iig2_2L~;2}[ .!~_c_dcDjgned. sited, and conslrtlclcd lo minimize habitat loss within thc lower ft~otl2t£iL~L./_~L_LSu~cl2_~it~cs, road access and fcncin,4, lo thc cxlcn! I~'asiblq, shall bc utilized lo m in im izc on-site and a_djacent habitat fi'aamcntation and/or disturbances. D. Sec'utiO, Lighting. When feasible, security lighting to protect on-ground facilities,"equipn~ent shall be down-shielded to Ir},' to keep sucl2 light within the outermost geographic boundaries of the tower's footp_Ejnt. 2.6.35.6.12. ;/'~m,u~44ghtmg. TOWER I,IGI ITING. A. 'l~)H'er,s' cmd.4nlennox Exceedi~?eg 150 Feel. 'rowers and antennas with a height greater than 150 ['ecl shall be required to have red beacon or dual mode lights unless exempted in writing by thc 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 snch rules. B. New 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 strobe lights shall be used at night, unless otherwise required by the FAA, in which case red strobe-type lights shall be used. 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. 2.6.35.8. WIRELESS EMERGENCY TELEPHONE SERVICE. Notwithstandiqg any other provisions of Section 2.6.35, the following provisions shall apply to communications towers that provide wireless emergency telephone service. Page 97 ofl74 Words struck thrm~gh are deleted, words nnderlined are added A. l'hese facilities are Essential Services. B. Each applicant for thescpermits is required to clearly inlbnn County staff by means of Applicants lbr these permits riced not provide slaff with evidence that a t2rt~pt2sg_d x~ irclcss comnmnici,lions l'acilitv complig_s3y_'_it_[~_ fcd~[~ulat[on5 bt.!t !}P_L~L~gD app!i~3nt proofo[' proper FCC liccnsurc_~ ~Bsl._st_al'l' mak_&'et_lue_st_l_!!~ pr~!Zj_tg' JP!~mD~QB ~5_!_q.!!l~ providcr's compliance with federal rqgtj!~i~D5 to then aulhorixcd by federal law. The Counts_LJu. is no penE)tingjurisdiclion with rcg~.[_(.!_lp 2.6.35.8.1. CO-I.OCATED FACIIATII-;S. Provided tile then existing zoni~lg applicable ltl the EB2posed site allows Egl I facilities without a need lo rezone, a need to obtain conditional use iJpp?x~L~[= m~' anx__Z_o_tl3gf !~g_qk!ir_etJ.12!'o_qcgss__{Stj_ch as, lbr _e,_xL~!nple, 121j_vij~g an_ijgreeQl~12! !he (_'L_t!mS~ 5!!;!1! =t'i_~!!!" {_)!' _dej]D' t3 ~perly .......................................... completed application rccAuestingco-h)cation of t:/.) I I 5;err!ce or co-location for wireless ldo ohone service not h tot t ~c in accordance xx !Ih all applicable permit a~[]licalion t-c( uircmcnts in section > 6 35 ('{~ location of such fi~cilitics on a then cxistin~bovc~ground lower or other ahovc-m'ound 5[f3~B!I'~ 5hi~l! j12~[ bx 5~ccl lo thc land developn~n~ 1~3.~0~= ?'!or~di~ ~[;gBggS, provided thc hci~hl of thc then cx isling tower or structure is not thereby increased. Co-location of such antenna, or ctMocation el'related su_159c2[!oSlpplicablc bl,ildimz reuulations, and with all then cxistingpcrn~ils or agreements k~Eplicablc to that tower or to business daxs timeline, shall relieve ll~c pcm~it holder Ibr. or owner off lhc then exist!tm toxxcr or structure fi'om comE~ing with ~pplicablc permit rcquircn~ents, or a~licablc aUl'CemClll(s), Of with applicable land development regulation~including aesthetic rg~uir2[nen~or compliance with any other then B~licable law(sk. 2.6.35.8.2. NEW TOWERS OR ANTENNAS. Pursuant to Section 365. 172, F'lot'ida Slatalcs,_lJlg ![~SSg~_ [~LJ~r .[oCiI~iQD__~[_~DIclI}~(M li)l' wireless IcJcphonc service not lalcl' then ri!netX ~ business days after the date that an application that lidly complies with the requircmcnts of Section 2.6.35 is submilted, provided the then existing zoning applicable to the proposed site allows the Egl I l~cilities without need to rezone, the need to apply tbr conditional use approval, or other required procedures. Provided thrther that nothing herein shall affect permit compliance of such Ibc!lit!es with applicable federal regulations, applicable zoning and/or land development [~g~ll~tign~(inc lu~ [~ aesthetic requirements), qr with applicable build ing regu la! ions. 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 tile 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 tile applicalion being proper_12 completed. Staff should also notify the applicant whether the applicable zoning classification allows the applied-for use(s) wilhout 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 lo have been automalically granted provided that: I. Such service or faciliW is allowed in the applicable zoning district without a rezone, without the need to apply for a conditional use, or without theneed 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. ! or 2.6.35.8.2, as applicable; and 3. the applicant has not agreed to an extension of time, es 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 ap_plicatio,~ shall be extended until the next regularly scheduled meeting of the BCC. The permit shall be deemed to be_granted il'tile BCC fails to take tinal action at that time. Page 98 of 17,1 Words struck41:}rough tire delclcd, words _t!!!tJcr~lijjc3! a,'c added 2.6.35.8.5. WAIVI-;R. Extensions of the above-described applicable timelines ldeadlincs) simll cxccplion' il ~mc-limc timeline xxaivcr lllil} bc [cSlt!i!'ed if thqrc thcl) cxisls mt ClllC!'gc~c} thai Sec. 2.6.37. Kitchens iii dwelling Imits. A dx~clling unit containing less than 2,500 square fcc! of living area shall bc limilcd to one i~rimury kitchen. A dx~clling unit containing 2.5[)0 square l~cl of living arc;i, or greater, nla) llano [~ scc'onchj[y ]Sitc~!~2il Immao-kitc4ten-providcd ell rooms arc intcrnall5 accessible ill. it t[~ a~?~ldat'~' 2.6.39. Transfer of I)evelol)ment Rights (TI)R) L A. PlJRPOSIL I. Thc 12rimary purpose of the TDP, process is to establish an equitable method of ~tcq~ing and conserving lands determined to have significant environmental valid, includinu larac connected wetland Systems and significant areas of Imbitat lbr Jislcd species: and 2. To provide a viable mechanisin for property owners of such environmentally valuable !~!ls!~ !,2 r~cm~p lost value and dcveloE!l!enLpotential which Ina~_~25355ocii2[e315~gitJ! !!!~2 ~plicalion of environmental preservations standards to such lands. B. INTENF. These TDR provisions are intended to accomplish the above stated purpose throu,h an economically viable process of translk, rring development rights from less suitable non-RFMU sendin~ areas and RFMU Sendin,2 l,ands to more suitable non-RFMU receiving areas and RFMU Receiving l.ands. C. APPIJCABIIJTY. These TDR provisions shall be applicable to those areas s~ecificallv identified in 2.6.39.2. 2.6.39.3, and 2.6.39.4. below. These TDR provisions shall not be al2plicable to the any transfer of development rights within tile RI,SA District. 2.2.24. I I. 2.6.39.2.TRANSFER OF DEVELOPMENT RIGHTS FROM URBAN AREAS TO URBAN AREAS. Ail 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 toas 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, I !. I. 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. 2,2.2~. 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. 2.2.2~.I 1.2. 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 purboses 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 nor}-conlbrming lot of record, excluding submerged land. Page 99 of 174 Words strt-'ck thr-ough are deleted, words underlined are added ~ D__. Upon tile approval of tile transfer of residential development rights by a super majority vole of the board of county commissioners, the property owner of the sending land shall dedicate in l~c simple thc land to the county or a slalc or federal agency: however, thc lands m% be dedicated in l~c simple to a private, riel-Iht-profit conservation or cnviromncntal orvani/ation in itCCol'dilncc wilh ILS. ¢ 70-I.06. as anlClldcd, with thc approvilJ of thc bet,I'd of COtllll~ COlllllliSSioIICl'5. 2.2.24. t 1.5. I!= Ibc nmximum number of rcsMcntial units which max bc requested ll'LII/sl~q' shall bc compiled on file basis el'thc permitted t c ~s ty pursuant to lbo underlying /onin,, cillc~Ol'X el' ibc scndin~ land. _a..2-.~4=14:6, I:=_Maximun~ number of residential units which eligible lands ilia)' receive. I. IJands in all residential zoning districts and rcsidcmial componcnts of plamud unit development zoning districts arc eligible to rcccivc residential development un ils pros idcd that thc maximum number oJ' residential units wllich may bc Irilllsl~l'rcd Io thc receiving land docs not cxcccd ten percent el'thc maximum hi]nfl>er td'rcsidcnliahmils pcrmillcd under Ibc rccci~ ing propcrls's basic zoning districl. J:or file purpose of determining Iht lltllllbcr ol~rcsidcnlial trails which il pltrccl of land is capable el receiving, thc lbllox~ lng Ibrmula5 shall appl}~ t,. t/SI-'- I tln'ou,,ll= RSF-5 districts, up to and including_ live units per acre: [lnitspcrbascdensilyX 10q;o , .1 to.5 units pcr acre b. RM[:-6 district, up to and including six units per acre: O units X 10'!o 0.6 unils per acre RMt:-12 district, scvcn to and including 12 unils per acre: t2 units X 109;, ': 1.20 units per acre RMI:'-16 dislrict: 16 units X 5°/0 =: 0.80 units per acre RT district: 16 units X 590: 0.80 units per acre 26 trails X 5q,, 1.30 trails i)cr acre f. I'LJD district: Residential Iracl units X 5~o ::: pernfitted units per acre 2. For tile purpose of calculating the final fractional residential unit of the total number of residential units eligible lbr transfer to an eligible parcel of land, tile following shall apply: ,An3.' fractional residential unit shall be converted upward if one-half or more ora whole tlllil, or downward if less than one-halfofa whole unit, to tile nearest whole unit value. PROCI:~DURE [:OR OBTAINING TRANSFER OF RESIDENTIAI~ I)EVEI~OPMENI' RIGIITS. Any owner of eligible land may apply lbr a t,'ansfcr of development rights either separately or concun'cntly with rezoning, zoning ordinance amendments, prelimi, nary st, bdivision plat or development plan. Prior to Ibc approval of any transl:er of development rigllts or tile issuance of any buih_ling permits in connection with Iht LISt of any iI'tlllSJ'cl' dcvclopincnt rights, thc petitioner shall submit the following inlbrmation and data, as applicable to the petition, to tbe development services director for bis review and subsequent action by the board of county com,nissioners 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 tile county or a state or federal agency; however, the lands may be dedimtcd in fcc simple to a private, not-for-prol~t conse,'vation or environmental organization in accordance xvilb Page 100 of 174 Words struck throagh are deleted, words underlined are added F.S. § 704.06, as amended, with thc approval of thc board of county commissioners itl a form approved by tile COtllll)attorn%. 8. Thc owner of tile sending land shall provide a guarantee, agreeable lo and approved bx ol'dinal~CC of thc board ol'countx commissioners, ihat Ibc sending land will bc utilized OI1[5 I~r thc purposes of increasing imblic recreational aud'or cdttcaliOlKd Ol,porttmitics, a gum'antcc shall bc recorded with lbo clerk of thc circuit court of Collier Cotmt5, Flu'ida as a recorded restriction of the usc of such land and shall bc hmdiug upon all present and subsequent oxxncrs, heirs, or assigns ol'such property. Such restrictions may m~t hc amended, dclclcd, or otherwise allercd, cxccpl by a miLjority xotc o1' thc bolrd of COHI115 COlllll/issioncrs. r:~H',:tFHc~tlt,qt[)er~tt:t: It. TIMI: I.INII'I'ATIONS ON BOAI(D OF ('O[ JNTY ('()kllMISSI()NI:iRS' API*I~OVAI. OF TRANSFIi~I~, OF I>,I~SII)I~NI'IAI~ I)I~Vi~I.OI~Mt'iNT []_[ III.DING C()NSTI~,iJCTION F'ERMIT. Thc board of county commissioners' approval of a tr[lllS1'Cl- Of residential development rights or the planning services director's authorization to proceed x~ith thc processing of a building or construction permit shall be wdid so long as such approval is permitted by law. ~l'l~c lhilure to act on the part of the petitioner to exercise thc transfer of residential development rights or obtain and exercise an authorized building or construction permit within thc time period pro~ idcd by law shall automatically terminate such appro~alandlhccouutv, shallbchcldharmlcsslbranv, damaecs~ ,~' "~smg" outolH~cpctitioncr's e,~mnt~,.,;ioners: 1. SI:.QUI'~NTIAI. USI:. OF RESIDI';NT1AI. I. INITS APPROVI!D I:OR TRANSFER. BY 'DtE BOARD OF COUNTY COMMISSIONERS. Upon tile issuanceofany permit for the construction o[' residential unit(s) upon the receiving land, the first residential units built thereon shall be considered to be tile residential units approved tbr transfer by the board of county conun issioncrs, and the succeediig residential units constructed shall be considered thc residential units permitted under the basic zoning district regulations. 2.6.39.3 -I'DR Credits From RFMU Sendim, l,ands: General Provisions CR. EATION OF TDR CREDITS. I. TDR Credils are generated fi'om RI?MU Sendine, Lands at a rate of l TI)l/. Credit pct' 5 acres o1' RFMLJ Sending l.and or, lbr those legal non-conlbrming lots or parcels of less than 5 ac~e~2hat were in gxistence as of June 22, 1999, at a rate of l ]~}R Credit per IcgaJ non-conlbrmin~ lot or parcel. 2. For lots and parcels 5 acres or larger, the number of TDR Credits generated shall be calculated usin,,, the following forlnula: ii of acres x 0.2 = # of TDR Credits generated. Where tile number of TDR Credits thus calculated is a fractional number, tile number of TDR Credits created shall be rounded to the nearest 1/100th. B. RECEIPT OF TDR CREDITS FROM RFMU SENDING LANDS. 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, net 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 lbr agricultural (_)perations after June 19, 2002, fora period of t',venty-five (2~.k.yc~.u's after suc{1 clearing occurs. Page 101 ofl74 Words struck through are deleted, words underlined are added ,4. 'H/ANSFF~R OF I)F:VEI.OPMENT RIGtFI'S FRONI RFMU SENDING I~ANI)S TO NON-P, FM1J RECEIVING AREAS. /\. TRANSF'EP, S TO [JRBAN AP,[(AS. sty_¥~!!i_t~g _tLu its t/ct _L4!:pss._aqr~_ nuj32_be rcqugdcd _LILroHglz 2. ~t)g qua!~:~]~t~d~L~J~a_j~idc~ialA~l~lJ, provisious of file Ftlltll'C l,and t~sc Elemem I)cnsiix R~t~tlg~;slem~u~k Io_t1123t~td~le provisions of Division 2.7 of lhis Ibllowinu condilions: I'he prsdcct is 20 acres or less in size; b. At time oF dcvelopn~cnl~Ahc project will bc served by cc_ntl~'a~l p!!!21i~c xvalcr and sewer; c, The property ill question has no common site developmenl phm in common There is no common ovvncrship_w__ith anyadjacent l?3rcelsL~nd_ e. The parcel ill question was not created to lake advantaec ol' thc ill-fill residential density bonus and was created .prior to the ado121i(~)l~o_['_t}2[5 provision ill thc Growfl~ Mammcmcnt Plan on JanuaLy 1(~)~_19~89_9. f. Of the maximum 3 additional units, one (1_) dwelling unit per acre shall bc lransferrcd l'rom RFMtl Sendin,z l.ands al Site Plan or F'lal_ Approval. 2. l)evelopments which ulect thc residential inIill conditions (a)_throughAc) above may increase the base density administraliveh' through a Site Devdopment Plan or Plat approval by a maximum of one dwelling_unit per acre by transferring that additional density fi'mn RFMU District Sending Lands. B. TI~,ANSFERS TO THE UP, BAN RESII)EN'FIAI~ FRINGF,. TDR Crcdits ma_y bc transferred l'rom RFMU Sending l~ands located wilhin one mile of tile LJrban ltoundary iulo lands desi,2nated Urban Residential Fringe at a rale of 1.0 dwelling units per acre, al~wing for a density increase from tile existin~ 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 I~ANDS TO RFMIJ RECEIVING I~ANDS. A. MAXIMUM DENSITY ON RFMU RECEIVINC~ i,ANI)S WIIEN TI)P, CP, I~I)FI'S ARE TRANSF'ERRI;D FROM RFMU SENI)ING I,ANDS. 1. The base residential density allowable shall be as provided in Sections 2.2.2!6.2.A.2.a. and 2.2.2!/i.2B.3.a. 2. The density achievable through the transfer of TDR Credits inlo RI:MU P, eceiving l~ands shall be as provided for in Section 2.2.2'A.2.A.2.b.(I) outside of Rural Villat~es and Section 2.2.2V2.2B.3.b and c.(1)' inside of Rural Villages. B. REMAINDER USES AFTER TDR CREDITS ARE TRANSFERRED FROM RFMU SENDING LANDS. Where development rights have been transferred from RFM1. J District Sending Lands, such lands may be retained in private ownership and may be used as set forth iii Section 2.2.2 V2.4.B. 2.6.39.6. 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 Coun _ty. Howexer, 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'i In order to facilitate the County's monitoring and regulation of the TDR Program, the County shall serve as tile central registry of all TDR Credit purchases, sales, and transfers, as well as a central Iistin~ of TDR Credits available for sale and purchasers seeking TDR Credils. No TDR Credit gel~erated fi'onl RFMU Sending l~ands may be utilized to increase density in any area unless the lbllowing procedures are corn_plied wilh Page 102 of 174 Words slruck through arc deleted, words uudcrliucd are added I. TDR Credits shall not be used to increase density in either non-RFMtJ Receiving Ccrtil3calc is obtained fi'mn thc Cotmtv alld recorded. TDR Credit Certificates shal bc issued o~lv bx Iht ('ollnlV lind tlpoll Stlbn~ission of Ibc Iblloxx ina: a. a legal description el'thc prt_2pertv from which the I,tI.'MtJ TDI¢, Credits ori,,inaled inc , , ludin,, the lolaJ b. a title search, or other evidence, establishing thaLprior to lhe severance of the TDR Credits from the RFMU Sendin~ancts~su~h Sendin~l.anc~5 xv~rc not sul~c~_l~ a conserYalion restriclion or other development restriction that prohibited residential devclopmc[g; c. a legal instrtnnent, prepared in accord with tile tbrm provided !,y the Cotm~, lhat limits the allowable uses on thc p~ertv alier t ~c severance of Tl)R Credits ~s set d. a slatemcnt idcntil}/ing tile price, or value of other remuneraticm,_j)aM tL) thc g~!!e~_t21~ t~ l~[k~!t~_~cn~!!g I.ands fi'om wh ich thc TDR Credits were g~tj~r~L~cj such owner retains ownership el' thc TDR Credits after thc~ are scvcrc~=_t, nlcsi-;i;~ RFMtJ or non-RFMtJ Receiving Lands~which the TDR Credils will be utilized and thc RFMU Sendim2 l.ands from which the TDR Credits were gene'aled arc owned by thc same persons or entities or affiliated persons or entities; and c. a statement attcstine that the TI)R Credits are not being severed from RFMU Sending l.ands in violation of section 2.6.39.3.D.2 of this Code. 2. A PUD or DRI utilizinq~ ~ TDR Credits may be conditionally approved, bul subsequent application tbr site development plan or subdivision plat within thc PlJD or DR1 shall be approved, until the developer submits the following: a dc)cumentation that the developer has acquired all TDR Credits needed that portion of the development that is the subject of the site develo~ent plan or subdivision.~lat; an~ b. a TDR transaction lee sufficient lo defray the expenses of the County in administering the Central TDR Registry. 3. The developer shall provide documentation of the acquisition of lhll ownership and control of all TDR Credits needed for the development and of recordation of the TDR Credit Ce~ificates lbr all such TDR Credits prior to the approval of any site development plan. subdivision .~at, or other final local development order, other than a PUD or DRI. 4. Each TDR Credit shall have an individual and distract tracking number, which shall b~ identified on the TDR Certificate that reflects the severance o~ the TDR Credit fi'om RFMU Sending Land. The County TDR Registry shall maintain a record of all TDR Credits, to include a desimlation of those that have been expended. 2.6.39.7 PROPORTIONAL UTII.IZATION OF ri'DR CREDITS. Upon the issuance of approval ora site development plan or subdivision plat that is part ora PUD or DRI, TDR Credits shall bc deemed to be expended at a rate proportional to percentage of the PUD or DRI's approved gross density that is derived throut~h TDR Credits. All PUDs and DRIs utilizing TDR Credits shall require that the rate of IDR Credit consumption be reported through the monitorint,, provisions of sections 2.7.3.6 and 3.15.7.3.1.2.1 of this Code. 2.6.40. Density Blendin~ 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 a. nd Rural Designation as provided for in the immokalee Area Master Plan, the allowable gross density in aggregate (and intensi _ty in the case of those lands identified as eligible in the hnmokalee Area Master Plan) may be distributed throughout the project, regardless of whether or not the density or intensi _ty 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. Page 103 of 174 Words st:'uck through are deleted, words underlined arc added A. PROPERTIES STRADDLING RFMU RECEIVING OR NEUTRAl, LANDS. Density blending between properties straddling either the IJrban Residential Subdistrict or Urban Residential Fringe Subdistrict and either Neutral or Receiving [,ands within the RFMll District is pen_nitted, subject to all of the followim[, conditions and limitations: I. The project straddles either tile tJrban Residential Sub-Dislrict or Urban Residential ~.:_ Jl~Ctl[s~ecLin agg[ggate is al least 80 acres in size. 3. Al 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 inlerim provisions lbr sexver and water are at, thorized b_.y Collier County. 5. The p!'oject is currently zoned or will be rezoned to a PIJl). 6. Density to be shifted to the RFMU District t¥oln tile Urban Residential Sub-District is to be located on impacted lands, or !lie developrnent on the site is to be located so Lis to preserve and protect thc highesLflualit~ nalive vegetation and/or habilat oD-silo and lO maximize thc connectivil~ of snch native veKetation and/or habilal wilh adjacent preservation and'or habitat areas. · 7. The entire project shall meet tile applicable preservation standards of tile RI:MU ( ', District as set forth in Section 3.9.4..>.A. These preservation requirements shall be calculated based upo_n, and ap_ply to, the total_project area. B. PR()PERTIES STRADDLING RFMU SENDING LANDS. Densit~ blending between properties straddling thc IJrban Residential Fringg. Subdistrict and Sending I,ands in thc RI:MU l)istrict is pc,-mitted subject to all of the lbllowing conditions and limitations: 1. Tile project straddles tile Urban Residential Fringe Sub-District and the RFMU District Sending Lands. 2. The project in aggregate is at least 400 acres. 3. At least -~-o, ,. _),o of the project is located within tile Urban P, esidcntial l'rm~c 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 Proiect to be located in the Urban Residential Frine;e 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 i,~ 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 lbr golf courses within the Neutral area. This provision is not intended to eliminate any uses permitted within the applicable underlying zoning district(s). Page 104 of 174 Words struck through are deleted, words underlined arc added C. PROIq~ICHI~S STRAI)DLING TIIE IMMOKALEE LJP, BAN AREA AND TIlE RI~SA DISTP, ICT. Density and Intensi.ty BlendinR between properties straddling the hnmokalee Urban Area and lhe RI,SA District shall be permitlc_~d subject to a oflhe fi)llowin~ conditions and limilalions: ...... ~ !. '[!l~c p!'~jcc__Li3 ;,ggr%gale must bca ,nininu,mol'2f)0 acres in size. 2. The lands from which deusitv and/or blcuding arc shifted must be wilhin hnmokalee th'ban Area nltlSl be desitmatcd Recreational/Tourisl District. 3. The lands within the hmnokalee Urban Area from which density and/o,' inleusity are shifted must have a F'LUCCS Code designatiou of Group I 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 tile lands within the lmmokalee Urban Area containing tile Index Value (as measured above), on an acre per acre basis, t_o lands within an SRA having an Index Value of 1.2 or less. ' 5. I.ands fi'om which the density and/or intensity has been shifted, shall be placed in a conservation easement in p~rA2eAuity.~ SUBSECTION 3.F. AMENDMENTS TO DIVISION 2.7. ZONING Al)MINISTRATION AND PROCEDURES DIVISION 2.7., Zoning Administration and Procedures, of Ordinance 91- 102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 2.7. ZONING Al)MINISTRATION AND PROCEDURES 2.7.3.5. Changes and amendments. E~hwational and,4ncillarv Plants exception. When a PUD is amended for tile sole purpose of adding an educational and/or ancilla _fy plant, that PUD will not be subject to the review process outlined in Section 2.7.3.5. The review conducted will be limited to the impacts that the educational or ancillary plant will have on the surrounding uses. 2.7.4.9. Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat t ......... ., ............ master plan)or final snbdivision plat or a planned unit development for schools, religious or eleemos3nary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of division 3.3, site development plan approval, as applicable, and all other zoning requirements. SUBSECTION 3.G. AMENDMENTS TO DIVISION 3.2. SUBDIVISIONS Page 10.5 of 174 Words struck thr'a'agh are deleted, words underlined are added DIVISION 3.2., SubdMsions, of Ordinance 91-102, as a]nended, of thc ('oilier County Land l)evclopment Code. is hereby amended Io read as lbllcxx~: DIVISION 3.2. SUBI)iVISIONS Sec. 3.2.3 Applicability. division shall apply Lo all division of laM and all suMMsions in the total uni~corporatcd ofC¢llicz' CoLIIII), except h) thc extent ils cxpz'cssl) prox. idcd iJ) sccti¢l] 3.2.-1. All isions of land xxhich mcct thc dcfinilJo~ ol'"suMivisiol~" shall require thcl~ling ol:}~ 3.2.6.2. l~roc'al~,'¢.~.lbr t,'ultmi~,,: ' .~'tthd/vi.¥i(,t p&l. 3.2.6.2. I. ()~//o/,rd. 'Ibc preliminary subd visio~p at [~roccss s ~ol mandatorv~ but an optioll Ihat max bc exercised by Thc ZlCp icant ill)Oil Ibc cl'l~clivc &Itc of this ¢' ' · · . . ' · ................................................................... rd~t]U~_. 3![ 12~'~l~]~[r>' subdi~ ision plats that x~cre a~rovcd prior to thc cl'lbctive date of this ordinance arc nol oplional and must proceed in accordance wilh lhe procedures outlined lbr a preliminary, subdivision plat. Also. nothinu in this section will be construed to affect the mandato 'v nature ora final sttbdivision plat. '.:34.6.2.1. 3.2.6.2.2. l, ilir~lio~. In order to initiate an application tbr a preliminary subdivision plat. thc applicant shall prepare and submit to the development services director a preliminary subdix ision plat xxhich meets thc rcquircnlcnts contained in section 3.2.7. 3-.-2.&-a~: 3.2.6.2.3. Rc'~'ie,,' a¢td dclc'r,fi¢~alio, q/'tq~l,ro~.~d. ~q,l~/.~,~.¢¢/ w/fit ~'o,ditio,.,'. o/' dc,id h~' dc'w/~q;,zel~t .¥ervic'e.s' diruc?,r. After rcccipl of a completed prclinlinary subdivision plat, thc development services director shall reviexv and e~aluate thc preliminary subdivision plat in conlbrmance with the preliminar5 subdivision plat requirements established in section 3.2.7. Based on thc review and evaluation, the development services director shall approve, approve with conditions, or deny the preliminary subdivision plat. The decision to approve with conditions, den3 the preliminary subdivision plat may be appealed to the board of county commissioners pursuant to thc provisions of section 1.6.6. of this Code. It~ the development services director should deny or place conditions on the preliminary subdivision plat, he shall state in writing reasons lbr such denial or conditions, and shall cite the applicable code or regulatory basis lbr conditions or denial. Said &termination may be appealed to the county board of commissioners. 3.2.6.2& 3.2.6.2.4. P, eserved. 3.2.6.3.5. Relationship and amendments to p'eliminaty subdivision plat, The improvement plans and final subdivision plat shall be consistent with the preliminary subdivision plat, if the applicant chose to submit a preliminary subdivision plat. Any amendment to the approved preliminary subdivision plat desired by the applicant shall be reviewed and determined to be acceptable by the development services director prior to the processing of the improvement plans and final subdivision plat. The development services director shall have the authority to approve amendments to the approved preliminary subdivision plat provided those amendments are based on generally accepted, sound, professional engineering principles and practices in the state. Requests for amendments shall be in writing in the form of an amended preliminary subdivision plat and shall provide clear and convincing documentation and citations to professional engineering studies, reports or other generally accepted professional engineering services in the state to substantiate the amendment requested. Sec. 3.2.7. l'reli~ninary subdivision plat. Page 106 o1' 174 Words st:'uek th.q~wgh are deleted, words underlined are added '_l'h_~ preliminarx subdivision_ p_l'_,LiJ~roccss is oZp~9~L ~l_~3ional nature ol'lhis process will in no ~av aI't~cl iht bll[Olll~SSiOll l'C~tl I'~11]C11[S el~llmCl'atcd ~c ow. In other ~o'~ I'~ n ~ ~1 Call[ c ~/)oses lhi~oplion, lheapl~licantnlus fifllowallol'thesubnis~o~reqt 'ements. Thc namlalorx mitt 'eof lilt Iin41 ~uhdi~ i~ion iff;il lm~Ce~ i~ likc~i~c m~l ;~l'l~'clcd b) Iht ~)pliomll ii;llllrc el' IJie l~rclhnin,,.-x ~.2,7, I. l'ru/imiuurv .¥z~b~fivi.¥jo~z p/ul .v~d~nzi.¥,xiu~z ruqzdrumu~zx. A prcliminm'~ snbdivision plat upplication shall be submilted fi~r Iht enlirc properly lo bc subdivided in Iht I~rm established b~ Ibc development scrxicc~ director and shall, al a minimum, include ten copies of thc prcliminar} subdix ision plat unless othcr~xisc specified by the development services director. Ibc prcliminar) subdixision plat shall bc prcparcd by thc applicant's engineer and survc)ol-, l,and plmmcrs, land,cape architects, architects, and other technical and prol~ssioual persons may assist in thc preparation el' thc preliminary subdivision plat. Thc preliminary subdivision plat shall bc coordinated xxith thc m~[jor utility suppliers m~d public ihcility providers applicable to thc dcxclopn~cnl. Ih'(}x. isions shall bc made Ibr pluccmcnl el'all ulililics tmdcrground, ~xhcrc pgssiblc. lixccplions Ibr t)XCl-llcud inslall~llions illit5 be considered upon subn]ission of SOtllltl iuslil]c~lliun docUmCl~ling thc nccdtor such installation. Thc t)rcliminary Stlbdi~isicm plat ~hall h~ch~dc m' pi'ox idc, at a minimum, thc ibllowing inibrmalion and malcrials: 3.2.8.2.3. A dctailcd water mana~emcntplan in accordance with thc maslcr walcr management plan approved in thc prclimiuary subdivision plat~J~_thc ~plicant chose to submil a 5~![>Ojy~Ej~l]__12!3b show lng thc complctc water mal~agemcnt syslcm including, but not limilcd closed drainage areas, design high ~atcr, recurring high watCl', acreage, a COlnplctc lot grading phu~ x~ ith final grading clcvalitms, surl}lcc runol'l' llow patterns, and compa]~itm uh'uinagc cuscmcnts cunsistcnt x~ilh thc I~nal subdivision plal pursuant to section 3.2.9 lo be utilized by thc applicant, hi~ succcsSOl'S or assigns during thc building permitting alld site improvement pro~css Ibr all lots consistent x~ ilh thc Collier Corral5 building Code, and thc compatibility of drainage of water, lute adjacent or larger water management systems. If thc a~plicanl chooses nol to submit preliminary subdivision plat, thejnlBrmation requested must still be included on Ibc final subdivision plat. Thc complete calculations used to design the system shall be provided pro. leers 40 acres or less. For projecls greater than 40 acres or where thc water management s5 stem will utilize wetlands l~)r xYater management, the applicant shall initially provide with the submission the SFWMD construction permit submittal. Prior to approval the applicant shall provide thc staff report and early work permit or construction permit. 3.2.8.2.14. The final subdivision plat, prepared in conformance with tile approved preliminary subdivision plat,_j!if_the applicant chose to submit a preliminary subdivision P~L and the final subdivision plat requirements contained in section 3.2.9, pursuant to the provisions of section 3.2.6.3.2. 3.2.8.3.8. E~t.~'emenl.~.. Il'applicable, easements shall be provided along lot lines or along tile alignment of the improvements requiring easements in accordance with all design requirements so as to provide for proper access to, and construction and maintenance of, the improvements. All such easements shall be properly identified on the preliminary subdivision plat, if the applicant chooses to submit the optional preliminapr' subdivision plat,and dedicated on the final subdivision plat. If the preliminary subdivision plat is not submitted, then the easements need to be identified and dedicated on the final subdivision plat. 3.2,8.3.19. Street names, markers and traJfic co~lrol devices. Street name markers and traffic control devices shall be provided by the developer at intersections and locations designated by the ~ .... · ~,~v...~..,~ ............ o,., .~:~ ~!rector Transportation Administrator or his designee for all affected streets, whether the streets are existing or proposed. Such markers and traffic control devices shall be installed and constructed by the applicant to the applicant's engineer's specifications approved by the development services director for private streets or in conformance with standards and recommendations set forth in the latest edition of the U.S.D.O.T.F.II.W.A. Manual oil Unilbrm Traffic Control Devices for public streets. The deve]op:'ne;~t-ser44c-es director Transporlalion Administrator or his designee shall accept alternative specifications on public streets signagc where an acceptable maintenance agreement has been provided. Alte.'natc spcci.ficatious I'or' private street signage where a property owners' association or olhcr entily has mainlenancc Pagc 107 o1' 17,1 Words sl~ck-lhFough are deleted, words under!inet! m'c added responsibility shall bc approved by tllc--devetopment--~serviee~--dh:ector Transl2orlalion Administrator or his dcsimlcc. - ....... I'mposcd streets which arc in aligmncnl with other cxisling and nanlcd streets shall bear thc same name of thc cxisling MI'CCl. All strccl names sh~ill have a st]f fix (i.e., street, avenue, botllcval'd, drixc. I)Jilcc. Ct)ill'l, etc.)illld ill 110 CklSC. except aS imlicalcd in thc prcccding sentence, shall lilt mmic ol'thc prt)poscd street duplicalc or be phonclicall5 Mmilm-lo la~l existing street name lcgardlcss of Iht list t)l' thc sul'l]x. All street names shall be subjecl It) approval by the de~a4~H~m--se~hc-es~li:-ec44ov CDES ~)~[~2!jt2[1~I~ffc~[ot~ o~'_!1i~ d_ cSi,,i~c_K during thc preliminary subdivision plat apprt~val process or on linc final subdi¥ision plat or Iht final plal and ctmstruclion ~ans if thc a ~licant chooses I~[~l~t~ submit Ibc oplional p'c iminar~ suhd vis on ¢l'~t Pavement painting and striping and/or appropriate reflective edge of public roadway markings shall bc prox. idcd b)' thc developer as required by thc [J.S.DD.T.I:.II.W.A. Manual on l lnil~rm 'lral'l]c Contrt)l Dc~iccs. Where concrete valle3 gutters border thc cdgc of pavement and prixatc roadxsa3s, this requirement may Dc waived by lhc devett~pmenb--se~:¥ices 3.2.8.3.25. Central Wwatcr s)stem~er:tral. A complete water dislribution and transmission s5 stem to include pro~ ision tbr separate potable xvatc[ and reuse non-potable irrigation xvalcr lines, and imcrim xx alcr treatment or-imerim ~te~:4feutme~H and supply Ihcilitics, if required, shall must bc provided or cmploscd by thc applicant, al no ct)st It) Cullicr County lbr all subttivision~ developments. Nt~u~*~[~hlc jL'zigation lines Itltlsl bc color-coded accol'dillg [~.[Jlg ('i~[~J~[ ~2~!~!~5: ...........................Ord i~lancc and TccJm ica l Standards. Reu~4~ate~Jinesr pumps~-amt t)theeAIl_ ...................... internal non-po ~ b c irri~tion lines. Dum~ and appurtenances will not bc maintained by Collier Cotmty. County potable water will not be permitted IBr irrigation unless other sources of supplo~emal ?rigalion xxatcr arc m)t permitted or available. ~therclBre, the developer will need to provide irrigalion water fi'om a source until such~e that reuse water may be ~!able County provided nonzpotablc irriuation ~xatcr becomes available. All Gcilitics shall be constructed in accordance wid~ ibdcral, stale and local rcgulalions. When required, thc water distribution and transmission fi~cilitics shall bc convcscd to Ct)llicr ('ounl)', or thc Collier Counl) Watcl'-Scwcr District m- other dcpcndam district where appropriate, upon completion of construction pursuant to County Ordinance No. 88- 76 ICode ch. 134, art. I11], as amended. .~._.8.4.7, Er/.¥c,/ueur¥. I~;'t;lcc/c,~[,'[wt,.¥t,/.v~, c//'c'~/~//it/v~t.¥d/;~c~/llx. A noncxcltlsivc cascnlcnl or lracl in I}lvor of('ollicr Count5, without any maintenance obligation, shall be provided lk)r all I rotcclcd/prcsc '~c areas required to be designated on the preliminary and final subdivision plals or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat. Any buildable lot or parcel subject to or abutting a protected/preserve area required to be designated on the prelimina~ and final subdivision plats, 9r only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat, shall have a minimum 25-foot setback from the boundary of such protected/preserve area in which no principle structure may be constructed. Fu~her, the prelmfinary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional prelimina~ subdivision plat, shall require that no alteration, including accessory structures, fill placement, grading, plant alteration or removal, or similar activiW shall be permitted within such setback area without the prior written consent of the development services director; provided, in no event shall these activities be permitted in such setback area within ten feet of the protected/preserve area bounda~:, unless the above setbacks are accomplished through k.,ro~; .................. ~ 2.2.8.3.4. ......... ~ v .................. Additional regulations regarding preserve setbacks and buffers are located in Division 3.9, and shall be applicable Ibr all preserves, regardless if they are platted or simply identified by recorded conservatio~'~ easement. The boundaries of all required easements shall be dimensioned on the final subdivision plat. Required protected/preserve areas shall be identified as separate tracts or easements having access to then1 fi'om a platted right-of-way. No individual residential or conunercial lot or parcel lines may project into then1 when platted as a Iract. If the protccled/prdscrvc area is dclcrnlincd to be,jurisdictional in nature, verification must bc provided which doctJmCntS Iht Page 108 of 174 Words stq-'tmk-throu~h are deleted, words _qnAlct~'!i!'Lcd_ arc addcd approval of the boundary limits from tile appropriate local, state or federal agencies having .jurisdiction and x~hcn applicable pursualll lo thc rcqtlirc]ncnts and provisions of thc growth Inanagcmcnl phm. Ail rCtluircd casements o[' tracts lbr prolectcd/p['cscrvc areas shall be dedicated and also establish Iht pcFinitlcd uses li)r said casement(s) ~llld/'of tracts on Ibc final 511bdix ision phil h) ('oilier ('I)tlIIIV without thc rcsptmsihilil5 lin- Illilil/ICllilllCC illld/ol' lO il propcrt5 t)x~ncrs' association or >imilar entity with maintenance responsibilities. An applicat~l x~ ho xvishcs h) sot aside, dedicate or grant additional protected preserve re'cas nt~t olhcrwisc required to bc designated on thc prclilninary subtlix ision plal and final subdivision plals=~[ tmlx t}ll thc llnal s,bdivision ~at it' thc aDplicant chooses not lo s,bmit Iht opt onal prcliminarx subdivision ~lat. max do so by ~rant or dedication without bcin~ botmd bx thc pFt~vis~oils ol'lhis section. /m/~r,veme~t/ /~hm.v. Thc improvement plans lbr required improvements which will bc ct)nstruclcd t~ithin an cxisli~l~ casclllClll must illuslratc ~ exhaling casement and existing lhcilitios, and tho proposed casement and thc proposed fi~cilities. Copies ol'fl~c improvement pllm~ shall be provided b> thc applicant h> the holdcl' of thc cascmcm(s) simuhlmcou¢ly with its submissiom~ h) the coumH>. l'hc review and approval of improvement plans does not aulhorize Iht construction of required improvements which arc inconsistent wifl~ existing C~tSCl)ICI/I(.',;) Of I'eCol'd. 3.2.9. 112. Ibc 15hal stsbclivision plat shall conlbrm to thc al)prt~vcd prclimim~am'y subdivision plat=}[ ~ Ui2plicmlt chose to std~mnil ii l)rcliminar~[!hdi~iotL~a[~ ptH'Stla~ll tO SCCliOn 3.2.6.3.25. Thc l]!!ulsu~d[sj~tm IM~ and shall constitute only that portion ul'thc approvcd prelim inary subJi'vi~i};~ 12[~!~i(~plicablc. which thc applicant proposcs to construct within a finite pcriod nol to cxcccd 18 monlhs. Thc improvements required by this division which apply to thc final subdivision plat shall bc completed within 18 months l?om the date of approval of the final plat unless prior to the 18- month construction period, a written request fi)r an extension in time not exceeding one year is applied lbr and approved by the development services administrator or his designee. The applicant shall cater into a construction and maintenance agreement with the county, in a tbrm acceptable to thc count3 attoFney, which establishes the terms aud conditions l~r tho construction and maintenance of thc improvements required during the 18-month construction period (unless a X~l'illcn extension i'cqucst is approved by thc development services director prior h) Ibc cxpil'alion o1' Iht I g-month construction period), whether the final plat is approved only or approved and recorded with the posting ora subdivision perlBrmancc security. This agreement shall hc sabmittcd wilh the final plat lbr review and approval and executed by all parties at thc time of final plat approval per section 3.2.9.1.3. SUBSECTION 3.H. AMENDMENTS TO DIVISION 3.3., SITE I)I~;VELOPM ENT PLANS DIVISION 3.3., Site Development Plans, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.3. SITE DEVELOPMENT PLANS Sec. 3.3.4. Exemptions. Due to its location or minimal impact on surrounding properties and probable minimal impacts under tile site development plan review standard contained in section 3.3.5., standard application requirements as described in section 3.3.6., may be waived in part or in full by the planning services director for agriculturally related development as identified in the permitted and accessory uses section of the rural agricultural zoning district; however, a site improvement plan as required by section 3.3.7. addressing the application requirements deemed necessary by the planning services director shall be submitted to the planning department for ~evic~v and appm'owfl. Page 109 of 174 Words ~vt.'ck d~vough arc deleted, words unt!~T]i~t_l arc added 3.3.4. I. School Board Revien' ("SBR") application c'onlenlx. The SBR application submittal will be in accordance with Division 3.3 of' the Code, but will be accorded an expedited process as otttlincd in Iht Manual fi)r County Consistgn_~iand Site Plan Reviews of Educational Facilities and .h~)c~[]or2_ ldl~[~ as may be amcncle4..~am'eenacnt between ibc Board of Count~ Commissionm-s and lhc Collicr County School Board. This doctnncnt is available in thc Records Room of Itc ( OIIlllIIIIliIx I)cvcloplncll and I:nx il'ollnlellllt[ ~Cl'Viccs Ih~ihlimz. ']'J~u_cxLpeditcd site phm for School Board Review: as relLq'enccd in Sec[ion 3.3.4./.of Iht l,and 3.3.4. I.I. Collier County Utilities Standards and Procedures, Ordinance No. 01-57, as may be amended. In accordance with this Ordinance, the following rec]uirements must be mci: 1. That portion of the water and/or wastewater system that lies in thc_12ublic__Lights-of- wax or in County utility easements ~:'CtJ[~D shall be conveyed t~l13~ ~t2iJiet~(~t2L3~ X~.j0t~[.~cxs~c~ ~iSI~XiK! prior to thc issuancc of the certificate of occupant7. 2. All water and waMcwater systems shall be built itl accordance with thc Collier County lJtilitx Technical Slandards Manual in C['I~cl at thc time a SBR l,ctlcr t)J' Compliance is requested 3. Dt'v/snm 3./6 of the code designed.!9 protect local government water supt2?~' wcllficld___s fi-om land uses that g~ ;~xr l)ollutc shall 4. Off-site improvements shal be in accordance wilh the current update of Ibc Water and I2~*onsibilitv l[)r the cosl of[H)sizin,2 said water and/or xvaslcwaler lhcilitics. 5. The School District shall be responsible for all materials and/or real property n~tuired for the water and/or wastewater system. Any expansions and/or renovations 1o existing school Facilities shall require a review by the Collier County Eng~¢ering Services Department to determine the need fora chance in meter sizing and additional grease!rap~. 6. South Florida Water Management District (SFWMD) permits shall be snbmitted.prior to tile issuance of an SBR approval. 3.3.4.1.2. Compalibiliti, Review. The County will conduct a Compatibility Review that will take into account the Architectural and Site l)esien Standards contained widdn I)ivi.vion 2.,~' of thc LDC in effect at the time a SBR l~etter of Compliance is requested and that pertain to issues of' com~ati~iliI~ with surrounding uses, con~plementary patterns of development and m ilig~[j~ of negaIive impacts, limited to compatibility issues, external sidewalks and p~j02wax~ connections, lighting, dumpster location and screening and orientation of buildings and ancillary fiacilities. In addition, The Utility Billing and Customer Service ("UBCS') Department shall ascertain that there is ample space for the trash dumpster(s) or compactor(s) and /bt the trash collection franchisee to maneuver trucks in and out of the space allowed for the dumpster(s) or compactor(s). With tile exception of high school facilities, this _(_'t~Bp3Libi_l(ty Review wil,! be a courtesy review. For hiu~_h school facilities, !1_~5 review process and is subicct to thc appeal process sci lbrth in Section 3.4.4.2. of thc code the event that the County denies tile application based oil non-compliance wilh thc items listed in this paragraph. 3.3.4.1.3. Landscaping and Buffering. Division 2.4 of the code in effect at the time a SBR l,etter of Compliance is requested shall apply. Tile County Planning Staffwill reconunend an amendment to the code allowing administrative deviations from the landscaping and buffering standards for essential services such as Educational and Ancillary Plants. Specifically, the County will recommend flexibility in the regulations for projects where there will be joint use by the County Department of Parks and Recreation and the School District. In the event that the BCC approves the recommended amendment, administrative deviations may be granted provided the School District can demonstrate that the intent of this Division can be effectively accomplished without meeting the specific development standards. The reasons for deviations are set forth in Section 2.4.3.1. I. of the code, but the deviation shall be in the format require~l .by Section 2.8.2.5. of the code. 3.3.4.1.4. Environmental regulations for compliance with ,the Collier County GMP Conservation and Coastal Management Element in effect at the time a SBR Letter of Compliance is requested shall apply as follows: I. On a site by site basis, Cotlnty Staffwill determine the necessi!y/hr__an I)agc I I0 of 174 Words ~vtt~3k-thmt~h arc deleted, words !!!!d~E!i'_~4 arc added _.2. The final SFWMI) Environmental Resource I)~rmit and all olhm' wetlands inllsl be submilled ~Sor lo a determination that the SBR a~plication is sul'ficicnl 3. Submission of Prolccled Species bUl'VeX, s an4~_ifneeded vvJldlJfe nlanagemenzplans m thc I"lorid, l Fish and Wildlilb Conservation ('onnnission ~I"I:WCC'g tlgellCX pel'llliJS. 4. A silo clearinR plan must be submitted thai shows tho native vegelalion areas 1o be p_rescrvcd and identifies the _t~-~ and/wethmds preserve orproleclcd species weser~,es 5. The GMP requires schools to p. rovide a set percentage R)r nalive vegetation preservation in the Rural Frinu:e and the Rnral Lands. The School Board must con312bLw~it_h tile set percentaues of native vegetation preservation. 6. An Exotic Ve,2etation Removal and Maintenance l)lan must be submilfcd and approvo, l f::'ior to 15hal SBR approval. All exotic ~cgclalion shall he remover ?o i Iht s l~. 7. All environmental docunlenlation nlUSl be submitted prior to a sullicieng5 determination on a SBR application. Failurelo submitth~requircd documentation xvill result in a determination of insnfficiencxL and the fi)rmal review process will not commence until such documentation is received and the ~pplication is deemed sufficient lbr re~.iew. .~..~.4. I.~. All Stale I:ire Code regulations as they relate to tile site plan and in effect at the time thataSBR l~etterofComplianceisrequestedshalla~}y. The School District shall submit all htj~[d~3g inlbrmation necessary to determine site requirements includin~12tJ[ 13o~ l)~!iAg~J llow requiren:cnls and fire sprinkler 3.3.4.1.6. Collier C'ountv Stormwater Management Policies as follows: 1. A Drainage Plan, signed and sealed by a Florida Professional Eng, ineer musl be submitted along with design calculations ill order to determine the prQposed development's cf foci on County nlaintained drainae, e l'acilities. 2. SFWMD permits must be submitted prior to a determination that tile SBR application is sufficient lbr review. 3. Easements tbr drainage improvements and access to them must be submitted prior to SBR approval. When necessary, the School Board will supply additional drainage_ easement area when necessitated by increased capacity to accommodate the p3_'_oposed development. 4. If any dedications of easements for drainage, maintenance, and/or access are required, all necessary documentation to record the easement(s) shall be provided lo the County prior to approval of the SBR. Prior to tile County's issuance of the Certificate o1' Occupano/, such easements shall be approved by the BCC and officially recorded 3.3.4.1.7. Public Educational Plants and Ancillary Plants are deemed to be essential public services and as such arc subject to a Capital hnprovement Element ("CIE") review for a public facility adequacy analysis. 3.3.4.1.8. Minimum yard setback requirements shall be 50 feet t¥om all property lines principal structures and 25 feet fi'om all property lines for any accessory structures including portable classrooms. 3.3.4.1.9. Off-Site Impacts. In accordance with Section 6 of the Interlocal Agreement for Public School Facili _ty Planning, the School District and the County will _jointly determine the need for, and timing of, on-site and off-site infrastructure improvements in conjunction with the determination of the consistency of the site location with the GMP and the code, and will enter into a written agreement at the preapplication stage, as to the timing and location, and the entity or entities responsible for the cost, construction, operation and maintenance of tile required improvements. In reaching a determination regarding responsibility for improvements, th,. parties will be guided as follows: 1. The School District shall be responsible for off-site impr~)vements that are determine, I to be necessary to mitigate the off-site impacts of the Educational Plant or Ancillary Plant. The improvements shall be constructed by the School Board at the School District's expense, unless the School District requests otherwise in writing and the CotmLY determines and agrees otherwise in writing. The School District shall not be required to pay more than ils proportionate share of the cost of the off-site imELovemenls nccessilaled Page I I I o1'174 Words smtc44hr-ough tire deleted, words ~!!Bl~r!in_cd are added by the Educational Plant or Ancillary Plant. Off-site improvements include, but are not necessarily limited to, tile widening or'adjacent roadways and th~, inli'astructure relevant to same when necessitated to accommodate buses (i!' needed); construction ot' required deceleration turn laneXs) at ingress(es) and e_~g[gss(es) points and al any intersections within the immediate vicinit3 of the school site which are adversely in~-pactcd as a direct rcsull of thc same: and anxi other improvements determined to be ncccssa[3;__l_~3; Collier County Transportation Services Dix ision and the Public l. ltilities l)ivisiou. 2. 7'to'~ Lanex. The School District will be responsible for turn lane improvements a_4jd'.acent lo and.'or in the vicinity of a sit~__including the cost and conslruction of same. Necessary turn lane improvcmcnt(~ determined by Collier County Transporlalion Staff shall be in place prior to issuance o[' the first permanent ce~ificate of occupancy. Whc~! said turn lane improvement(s), whether left turn lane(s) or right turn lane(s), ar~ determined to be necessary right-of:way and/or compensating right-~f:way shall be provided in conjunction with said improvementC~), as determined ~y Collier .Cout!~ Transportation Staff. All turn lane design criteria used shall be in accordance with the mininmm standards as adopted by the Florida Department[ El' Transportation ("FDOT") Desim~ Standards as required bv ~hapter 316~lorida Start, res, as mar be ;~n~ndcd. Th~ turn lilnc ~tlCUC length dclcrminations shall bc in accordance with thc critcria/calculalions of Chapter 17 withiuthe I lighwa¥Capacity Manual. In conducting thc afBrcmentioned criteria/calculations the leneth of school buses must be considered to adcc~tcly a~drc~E tile turn lane queue length determinations. 3. Sideu,a/ks. As part of the SBR process, the School Board and tile County will develop a sidewalk plan which delineates the sidewalks that are necessary in and around thc project to establish tile most direct cotmection to all existing network of sidewalks. The Schoo~ Board shall collect fimds throue, h school impact fees to provide for tile development these sidewalks as delineated in the sidewalk plan. The School Board shall provide filnds from these impact fees to the County. The County will be responsible for the timinu, cost~ construction, and maintenance of such sidewalks. 4. Tile School District shall be responsible lbr tile costs of any and all traffic signa~ constructed due to and'or as a result of the impacts fi'cml an Educational Plant or Ancillary Plant, when it is delcrmined to bc warranted and approved by Collier Count3; ~l'ransporlation Staff: When warranted, LIpon tile completion of the installalion.~ in~sst2e~c~ burn-in period, and final approval/acceptance of the traffic signal(s), tile traffic signal(s) will be turned over to the County, and will then be operated and maintained by the County Transportation and Operations Department. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring property owner(s), that directly benefit from the installation of tile traffic signal(s) will be determined based upon percentage of usage and impact. 5. All traffic control devices and design criteria used shall be in accordance with tile m inimun~ standards and any amendmcnls thereto as ado~p_tc_c!by__th_~c Chapter 316, Florida Statutes. 6. All traffic speed limit postings shall bc in accordance with tile minimum standards and any amendments thereto as adopted by the FDOT, and the Speed Zoning Manual adopted by the FDOT and as required by Chapter 316, Florida Statutes. 7. The design of all transportation related improvements shall comply with the minimum standards and any amendments thereto as adopted by the FDOT, and as required by Chapter 316, Florida Statutes. 8. Any off-site improvements to be constructed by the School District, even though not required by the County, shall be sub ect to review by the Collier County Transportation Staff prior to construction to assure compliance with County regulations. 9. In the event the School District proposes to expand an existing school site, Collier County Transportation Staff shall make its recommendations as to improvements required to mitigate the off-site transportation impacts, but only as they related to such expansion. 3.3.4.2. School Board Review ("SBR") process. Tile SBR for School Board projects shall be reviewed under the following expedited process: A. The SBR application will be reviewed only as to the criteria set tbrth in Sectio. 3.3.4.1. B. The SBR application submittal must be in accordance with Division 3.3, of tile code. but only as to those submittal requirements which are consistent with the review crile, ia set out in Section 3.3.4.1. Page 112 of 174 Words sm:cl; fi:rough are deleted, words underlined are added C. The parties will develop a checklist that defines the items to be submitted lbr a SBR ['_cy_jc_w 13. Prior to commencing construction or site preparation, the School District shall request a pre-application meeting with the County. The County will schedule a pre-application meeting with tile School District within three (3) weeks of a request being submitted to the Count)'_. I. The County will review the development proposal lbr compliance with tile l.etter of Consistency. 2. The parties will discuss and enter into a written agreement as to the timing and location and the entity or entities responsible for the cost. construction, operation and maintenance of tile required off-site improvements. Any requirement that the BCC approve this written agreement at a public hearing is not a prerequisite to the School Board's ability to proceed with any County review that may be required by tile code or the interlocal agreement. E. At least 120 days before commencing construction or site preparation, the School Board shall submit the SBR plan for the proposed Educational Plant or Ancillary Plant to the County for SBR approval. 1. The County will have 14 days to determine whether tile submittal is complete and sufficient. If the application package is not sufficient for review, the County will request additional informatiou from the School District. 2. Once the application package is sufficient, the County shall have 90 days to complete the review and issue a Letter of Compliance. The 90 days may be extended upon agreement of tile County and the School District. Once an affirmative decision has been rendered, the School District may obtain building permits and commence construction. 3. Failure by the Cotmnty to issue a Letter of Compliance within 90 days al'leE__' determining the application package is sufficient lbr review shall be considered an approval. However, if within the 90 days the County denies the application based on non-compliance with the relevant standards of the code, the SBR shall be considered denied and the School District is authorized to pursue an appeal. F. Letter o[' Compliance. After the expedited review and the County's determination of compliance with the terms of the Code and the interlocal agreement, the Planning Services Director, or his designee, shall issue a Letter of Compliance, which shall evidence the County's approval of the SBR. In the event that there is disagreement as to the School District's compliance with any site plan requirement set forth in this section, the Planning Services Director shall, at the request of the School District Superintcndcnt's designee, providc Iht County's determination and tile basis of it in writing to thc Supcrintcndcnt's designee. Absent flmher successftml negotiation on the issues, the School District shall bc authorized to appeal the decision o1' the Planning Services Director as described in the Appeals process below. G The parties agree that the School District shall not request reviews and that County review is not requested or required for the following 1. The placement of temporary or portable classroom facilities; or 2. Proposed renovation or construction on existing school sites, with the exception of construction that: a. changes the primary use ora facility: b. includesa stadium; c. results in a greater than five percent increase in K-12 student capacity; or d. encroaches upon the established setbacks as set forth in this Agreement. H. Should the School Board place temporary or portable classrooms on a site, the School Board will supply additional data to the Fire Code Office for review pursuaut Io Rule 4A- 58, Florida Administrative Code. In addition, the School Board will snpply the I'ublic Utilities Division with additional data on temporary and portable classroom facilities relative to concurrency issues related to water and sewer capacity and to the proper sizing Page 113 of 174 Words str',:cl~ througl~ are deleted, words underlined arc added of water meters and grease traps. No other reviews will be required ibr temporary or portaMe classroom facilities. I. SBR and ¢'on.~'i.s'lencT I&'view I"ee.¥ Thc Count5 will dcvclop a review Ibc lbr thc .l:_~llqWa/s. In the event that the County denies lhe a~lication based on non-compliance with relevant standards of the code and the imerlocal, ~p~ri!~enden~'s_~es~gnee and the Planning_.SerSiges_..!~irgg!s~_di~grc~ rega(0i!~g_thg !~(~C_ }[L~g_Sgt-. ~2pcnls rc~ardin~ss~E~'lainj~ to thc Fire Code will be made to the l}ol}[~Q(~ppgg~!sand.:5~uslmcnts under Iht established procedures li)r [his Board 1. The request for ~ppeal shall be tiled in writin< with tile l~lanning Services D_jrect_~E_i!!Lt!_ m~st ~tat~A!l_c_ basis__fo[_ !l_!e _~p_p_~}__ag. co!!lllanicc_t ~ i!~xd_. ngz-ti~_gttt inlbnnalicm, exhibits and other backup in forn~_L~!i93Lin_~!~poz~'[_o_fAIAe_3_p3~eal. 2. Ibc BCC shall hold an advertised public hearing on the appeal 3.3.4.3. ('on.s'ixtencv Review. Thc lbllowing process ,,viii be tbllowed with respect to Ihturc l-lducational Plant vnd Ancillar',2~Plnnt sites, prior to acquisi.!ion, lbr both__the determinalion of consistency with thc Collier County GMP Iocalional criteria and whether the Plant is a permitted use. conditional use. or prohibited use in thc zonine district on tile site. Consistency with all other I!lements of the GMP will be reviewed dta'in~ the aforementioned SBR process. A. The Consistency Review `.`.'ill be conducted as fbllows: 1. Prior to tile purchase of a site lbr an Educational or Ancillary Plant, tile school district will rcqt,cst a pre-application meeting with the Cot, nl~. 2. The County will schedule a pre-application meetin.,, with tile School [)istrict within three ~}) weeks of a request beine submill2d to tile Cotllll~5. 3. 1'he County will review the proposed site tbr consistency with tile FLUE, GGAMP. lAMP, as well as tile LDC and fundamental planning and design principles includin.a compatibility with surrounding uses, complimentary pattern of development, landscaping and bufl~ring concerns, stormwaler maaagetnent, configuration of thc ~r~[lig~ircul~[~pn 5~[~nls, considcr~tiol~ ol'H~[ura[ resources ;u~_t!!~g~lJ~!!k~[.t!~?5[[~ based only on thc Iocational criteria of thc FIA/E and whether thc l)lanl is a permitted use, conditional use or prol~ibited usc in tile zoning district on tile site. Consistencx with all other Elements of tile GMP will be determined during the SBR Review process. Tile following additional information will be submitted to determine major issues that may affect site feas bil ty a. Land Use. A general location map showing surrounding development with the property outlined, a recent aerial of the site showing boundaries, source and date and a map and summary table of existing land uses and zoning within a radius of 300 feet from the boundaries of the subiect property. b. Future Land Use Designation. A map of the subject property designating each use, such as elementary, middle, or high school and whether such use includes a stadium, with acreage tables for each land use designation. c. Environmental. A recent aerial and summary table of native habitats and soils occurring on the site; a table of Federal and State listed plant and animal species known to occur on the site and/or known to inhabit biological commtmities similar to the site. d, Growth Management. Identification of any Area of Critical State Concern and Development of Regional hnpact. Page 114 of 174 Words struck tl~rougll are deleted, words underlined are added site is intended for inclusion in tile Schocfl Board's ctJl2i_t~Jl_ 121an pr3~ie~l_i~2!] i!!!f! J!'-5O: js!s'!~!it]c.c_a_t_iS!!~_ _~l' tl_!c_' I'. Public I:acilitics and Transportation. Thc School Board will indicate 12[~12P~4__c_xJ~t_i_t)g_l_-e?;.~L~9_!}_Scr-vjc~-~ Standards Q_:OS) and tile School Board's I)!'qyid_c[ ~[?J_ [!~Ghpd_ p!' !:!~!nc!!l !~1_' pg_lablc wB!gr 3pd sa!!j!~D.' School Board will provide a mz[p detailing, the location ol' existing services BB.~_public utilities that will served [t~e ~posed site. The School Board will identil~L_~_my _tloo~d zon& wd!ticld~ traflic g.(2!lge_s[is~J!)2L~tJ_~ldal__'sr~._c_(2~JSt~! !L~a!!~!g~!!3~_q! 12Q~l[~c~atfy tmc~ Iligl] ~)pjs~ ~9~!B2~P/5 -1. ~rithin 45 days ol'thc submission ol'thc inlbrnlalion outlined iii Scclion 3.3A.3. A Lhc~_choo! Disl_ri_qt_ a)ong \vith a determination ol' thc site's consistency with thc (.iNII~ Iocational criteria and IJ)C zoning districts. ~rov~mc!gs3viH ~_~c~tilied ~r [b%~_ sites ~L!b~partics t'c~j~!~-r [b~se improvements to thc extent this can be determined during_!bis 5. l.ctter of Cousistency. After tile County review, tl~e Planning Services l)irector, or his dcsiencc shall issue a 1,cttcr of Consistency_ lbr thc GMP locational criteria [:g~irct~ 125L}gct~m~!f213_:35L!J)Florida Statules. 6. Al'ret the County has determined thai the site is consistent with the GMP Iocational criteria and I,DC zoning districts, tile School District shall have Lip tO one year to acquire tile site. Once the site is acquired, the site shalJ be deemed to remain consistent _regardless oF later changes to either the GMP or LDC. 7. After tile School District acquires thc site and 12!'ovid2s.t_l!2._t!cfxs.SiET kJpCtllll.g!l_lilti_~!! fo[ _tl~_g..C_t~nty lo initiate an amendment lo the (i M I'~ t_l!g Co~[g.~ 0L!d gchool District will enter into n written aorcemcnl as part oF tl~ prc-applicat{o[Lproccss detailed in section 3.3.4.2. D.2. of the code, as to the timinq and location, andXhc cnt~' or entities responsible for construction, operation and maintenance of the required improvements. .7.1._. Site development p/an. A site development plan and a coversheet prepared Oil a maxhnum size sheet measuring 24 inches by 36 inches drawn to scale. B. The tbllowing inlbrmation shall be set lbrth on the site development plan and/or on a separate data sheet ased exclusively for that purpose: I. A narrative statement on the plan identifying the provisions of ownership and maintenance of all common areas, open space, private streets and easements. 2. A site summary in chart form which shall include tie following information, with development and dimensional standards based on the provisions of thc land development code and where applicable the PUD ordinance: a. Total site acreage. * * * * * * g. Maximum zoned building height allowed and actual pre, posed building height as defined in Division 6.3. Page 115 of 174 Words 'struck th:'ough arc deleted, words underlined are added SUBSECTION 3.1. AMENDMENTS TO DIVISION 3.5., EXCAVATION I)I\/ISI()N .~._. Excavation. of()rdinancc 01-102, as amended, of thc (.'oilier (.'Otllll\' l.and l)cvclopmcnt Code. is hereby zu-ncndcd to read as I)IVISION 3.,'5. EXCAVAI'I()N 3.5.5.1.3. [)ere/~qmwm e.vcuvt~tiotz. Dcveloplncr~l excavations arc considered lo be any cxcaxalion located within thc boundaries of u plalmcd unit dcvclotm~cnt, or subdivision development, having uptwoxcd construction plans Uo include SI)Ps), or at~ industrial or commercial prt[jccl, or where linc disturbed area of an excavation cxcecds two acres, but no fill is rcnlovcd [Yom Ibc 5tl[}~CCl property lk)r whatcx cr purpose provided that: 1-he excavations were clearly defined and detailed as lo location, size, shape, depth and side slopes during thc dcvclopmcm's rcviexx process and, if applicable, approved by linc N)ard after al, propriatc public hearings If approved b> tile board during thc rezone a,~h.~preliminar~.'-subdNisiot~lat-pr,:mess, c×¢a,,atcd material in an amount up to ten pcrcqnt (Io a maximunl of 20,000 cubic yards) of thc total volume cxcavaled may bc removed l?om the development. Intentions lo remove material must be clearly stated during thc development's rcvicxs and Upln'oval pl'OCCbS. Sec. 3.5.11. Littoral Shelfl'lantingArea(LSPA). The purpose and intent ofa littoral shelf planting area (I.SPA) is to establish a planted area within an excavated lake scrvin,2, as a wet dclcntion pond as part of a stormwater management System that will support wetland plants, improves the water quality within the lake and providcs habitat for a variety of aquatic species including wading birds and other waterfbwl. Contained within a.q excavated such a lake, this area will typically fi~nction as a freshwater marsh. Accordingly, the following ,'equirements have been established in order for the LSPA to be designed and maintained to accomplish this stated purpose and function. 3.5. I I. I Dcx:'g:: R'~"h'::i:"e:wc:~,9;. DESIGN REQLIIREIVlENTS. 3.5.11.1.1 .4,~-~ Requi:'emems;. AREA I,',EQUIRF. MENTS. The total a,'ea of tile I.SPA shall be calculated as a percentage of thc total area of the lake al control clcwttion. Area ,'equireme,lts vary within thc County and me as lbllow's: a. Rural Fringe Mixed Use District- Reserved 30 percent. This requirement may be reduced subiect to the incentives identified in Section 3.9.5B.2.: b. All other areas -7 percent. 3.5.11.4. r- ....... ; .... 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 fi, nction as a ,,vet 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. Page 116ofl74 Wo,'ds sh,:ta;-k-tlu:i-n~gh arc deleted, words _q_n. tJ~,.'li!!g_t! are added SUBSECTION 3.,I. AMENI)MENTS TO DIVISION 3.8., I:,N V IRONM ENI'AL i M I'A(71' STATEMENTS {ELS) I)IVISI()N 3.8., ls~x ironmcntal Impact Statements (I'~IS), ol'()rdinancc 91- I1}~, as amcndcd~ o1' Iht ('oilier ('ountv I,and I)cx clopn~cnt ('ode, is hcrcbx amended to read as lblIoxxTS: I)IVISION 3.8., ENVIRONMENTAL IMPACT STATEMENTS Sec. 3.8.2. p-u~mse: PURPOSI~. 3.8.2.1. Thc purpose of this division is to provide a method to o~icclivcly evaluate thc impact of a px't~poscd development, site aJlcration, or pro, joel tq)Oll ibc i'csotlrccs and cnviromncntal quality of Ibc pi'eject area and thc COllllBtlllil5 illtd tO illStll'C Ihalplanning and zoning decisions arc made xx ith a complete tmdcrstanding of thc impact of such decisions upon thc cnvironmcnl, to projccls and dcx ck>pmcnts that l~.,5~Protcct, co~scrvc and enhance, but nol degrade, ibc environmental qtlality androsotlrccs of Ibc particular project or dcvclotmlent site, tl~c general area and thc grcalcr communit). ~B~Minimize the l~ture reduction in property values likely 1o result, or be caused by impropcrl5 designed and executed prs[jccts and developments. 3:C~ Reduce thc necessity IBr expenditure of public iBnds in the future tbr rehabilitating thc environmental quality of areas of environmental scnsitivit). 3.8.3. Applic-ability~ envi~t,mmental impacq~statement-{t¢tS)~:equired. ~PI~LIC&[}!L[[)(; ENVIRONMI~NI'AI, IMPACI' STAI'EMENT (ELS) REQ[JIRED. Without first obtaining approval of an ElS, or exemption pursuant to section A.8.~8., as required by this Code it shall be unlawflll and no building permit, conditional use, zoning change, subdivision or condoninium plat or anptatted subdivision approval or other county permit or approval of or lbr development or site alteration shall be issued to cause the development of or site alteration of: 3.8.3.1. Anv site with a ST or ACSC-ST overlay. 3.8.3.2. All sites seaward of tile coastal management boundary that arc 2.5 or more acres. 3.8.3.3. All sites land,yard of the coastal management boundary that are ten or more acres. 3.8.3.5 Sites where a prior ElS was prepared and approved lbr the same area of land and where thc Ibllowing exist: a. Greater impacts to preserve areas or changes in location to preserve areas are proposed: b. Greater impacts to jurisdictional wetlands or listed species habitats are proposed; c. New listed species have been identified on site; or d. A previous ElS is more than 5 years old. 3.8,3.4-:.5. 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 gro~vth management plan. 3.8.3.6. When required by Division 3. I 1 of this Code, plant and anin.ml species surveys shall be conducted regardless of whether an ElS or resubmitted EIS is required by section 3.8.3. 3.8.4. SUBMISSION AND REVIEW OF ElS. A completed ElS, si~~y owne:, m-his a~;g ...... ~ ....... in wriuen and digital format, shall be submitted to development services director for approval, denial o,' approval with modifications. No development or site alleration will be started without this approval and permits required by law. Failure to provide full mid complete Page 117ofl74 Words struck Iht--etch are deleted, words underlined are added ild'ormation shall be grounds For denial of the application. The author(s) of the ElS shall provide evidence, by academic credentials or experience, of his/her expertise iu tl~e area oF environmental sciences or natural resource managcmcm. Academic credentials shall be a bachelor's or higher dcgrcc in one of the bit)logical sciences. Experience shall rcllccl at Icasl lhrcc years, two years o1' which shall be in thc Slate of Florida. of ecological or bitdogical prolkssional experience if ~ubslitutmg For academic credentials. Sec. 3.8.5. h~lk}rmalion required t'or apptiealion. INF()R~IATION IJEQiIIREI) Ai'PIAC.kl'ION. related en~mmmental I, ..... .~ ..... ~t~, ~ ........ ~'"'" .... s~te exte~di~ aM~st 200~e~uts~the ~l~e[-[mut~da~y:-:fl~i~o~4~l-~ean-the-lq)pli~ant-is ~s~em-.a~ shall b~efhd~-~e:'ia[ phomg[~ hay ing a sc~e least 200 ~et-M~e~¥avaitabtet~mHh~mtty, olhei:~ise;.-a-~eale-ot:-at least-,memch-equa[ to 40fk~t-is-ac~pta~Mn~:mation obtah~e&b~'~m~d~g su~ys shall have oveFin tYFmation-p~ nled-flmm~otog~at~k ~denee. T~m~fie-map~ho~i~t~plan~bmhym~de~oa~otH's and-e.~bti~drainagc .......... ~ .................. sur:'ound~ng ..... 5. c,,n ....... , ~ ...... ;o,~., ,,,;a, +~,~, ..... a c~ L'~..;n. Department of Transportation public l~c41i~mtd-~bt~gm~d-proposed ti~nspfma~n-{~~ th~im~d-a~a. 3.8.5. I. Im/xwl c~;~cgorics. k ~,,~k~ of people .k ..... ~,} ~ ~ .... a by air pollution ..... .t~.. ~ ,] ..... p""'"; .... ~s resulhng fl"om this p~k c. . ........... er ...... ~ N ......... p~j ................ ~ ...... pollutio~ing ffmn the Page 118ofl74 Words ~uck thro~h are deleted, words [!~rJb_!e~ arc added tt --Peojeet desi,-msand actions-wldeh wiI! reduee-adveese impaetso~aler pt~ltution. b. Aerial ext~m o1: proposed topogr~qflfi~ nlodit~caliot~ through exca~.ation~dredgmg and filling. d. Proposed m~cations tc natura~rainage patt~. es- t~sto~-{-~4ml~t~ims-surl~ce am[pe~e~t- o~roundwam~~ ~,echat,ge-ai,eato be covet:ed: g-. In e~ased sil~m4~atuva I b.4~ ........ uum' ~ ....... .... ett, seasot~aM~ wate~e~histc:'i~l-l~me~le~Is by utili/.mg-tichen lines o~t}thel~-biological indi~ttot:s: ¢:---hOic~e how {[~e [~ieeod~i~imp~c~ts-p~developm~t hydt:~t:i~ls. d: Indicate proposed percent of defined wetMt~ds to be impaled e~h~d~ow '~'~ p:'q}ect '~; .... m~im izes im~4s on ....... ~ ..... f. ,,,a;,~,,~ ~ ..... ,~ ..... ;~., design ~h.,u compensate ~ '~ ....... '~ .... ~ impacts puFsuaitHo the C~ier-C~ nty ~it-~(em~o~.', mids~ry, aad-~ou~tg~eget:a{ion--atm~m~ee (don~aat~t, contmon-and-tmeasitmal } and-theiF upland~m~ions. b:M~ ~ dic~ lepta p~t~rc e n ~t: d e I~ ne~t ~ ~m [~-i m p a c l ~a nd-t h e-e I ]~e t s ,) f l)t,oposed-im pads on -tktnction~ o~tl~land-a r~s-. ig '~;";'~; ..... ; .......... uplands. c. Indicate~ ...... ~ ......;~' des n .................. v d. ~ ....;.4~ a plant .... ~ ...; .... ~ .... ;~ ,~ ;,~.[,,a~ ~, a minimum, ~v ..................... v ..... survey ............ ' ..... ;~,' af special I stat~{~&~m~ahabit bi'o~gica[ communiOes-~milaFtolncsc e~istin~site a~d conducted-inac.~, ~an' ...... .... ,.,,;'~' ,h,~.,,. guidelines o~he Flea-game .,,~] fi'cshwale~l~ ~mmissicn, a .......................................................... crida .................. b. DeSnc number cf acres ~r-.~.; .... ~ ~o, ....; ............ ~ ..... ~ ...... ~ grass beds, d. Estimate changes in ,h~ .~[.~;a~ ~.~; ..... r ......... ;.[ no,. ~.a e. Estimate changes in the spoa lSshing ef~x't and ca~. Page I I0 of 17~ Words struck thigh are deleted, words mJOgrl{p~tJ are added p~ject {l~*th day and mgJtt).thak~ll e~ceed~(~ollier-Goumy Fegulatitms. e:- -4)ese~ll~e-cha[aetecan~te~-both-liqui&mld.~ol.~-e[l]uems. a~-&stm~ateo~:'age daily p~ble at~no~able~t~-~nm~&~the~cct. a.- t~stimale ot~ave~:age-dai~.m}lume ot:sotid-wastes. b. Proposed method ofd~spcsa! of so!id wastes. c. Any plans n ......... ...... v ..... s or resource record. a-=--Acq'eageat~d-~m[i~s demanding ~'onkth~new us~ t~u~,mx,~ublk-~ar.~, recrea,~on la~)~m~by th~evdo~F. c. Man~e~lans-tbr any o~ter [~jecl~ ~.a Plans ~x,~, ........ ,.~,..,,~,,~,; .... ~ development w"" .,,~'~ developer on ~,~.~: ..... a lands. e. Amount of public recreation lands removed frmn ~nventory by the new use. f. Developl~ent ~.,4I~. kl~ot ...... f ....... ~ ..... kl;~ k .... k ...... ~ waters. Indicate any natural sc~ic Ib'ature~s ~l~4~h~,~i~Nltep~ie~t.d~ign and e,~plain-whalactions~hall be utitMed Io preset, ye aesthetic ~alues. e. Provide the basic architecturM and !andscaph~g Page 120 of 174 Words s~u~-d}~mgh arc delctcd, words [p3~Jc~[~[!~[~ are attdcd Describe the-design-and pmeedur-e~ofany-pr,~posed monitoring during-and afte,:~itc preparati(m mkl deYelopmenl. .~c~--3-~ g.6 :-~ p e c i !1 es 4~add~ess: *,g.6:+: Gt~er ~/~l:he-sm [emeW,-s hould-speei-fiea fly--ad d tess d~e tbl4ow rog; ~.g:6:t :l, Indk:aieq,a}v~the proposed pa .qe~t-he, s4nem:FVamted-the-~taturat;-aestheli¢-am3c4dtu~at resouFce,,,-a~td othet: ell ~i Fonmental-coP~sideFal itms -itt-the plan ii lng aitd ties ign ot: the jwoj~.~sed prqicct. 8,6.4:2. l,ist-4he-euviv~q me:~tal4mpact(s) of the p:-op~a~i~aad die :'easo~M~e impa~tfs~ are unavoidable and~m~ the impa~lfs~'esem4heminimum impacts ~sible toffee environmental quality ot: the-sile-and;o~: the su~,otmding area; Milch might be aftk, cted by thc pl*OpOS~ ltse: &.~.~4.~3-:Pi:¢;;'ide oa .... auated-al ........... t'o .... pr.~sed-pmjec4 so that reasons-tbv4he d~oiee course ,~.aetion m'e clea~:; t:a~k a~bitrary ot:4zaptqcious: -3:84od,4,-l-:ist immediateM4out4x-q:m an.d lem~,m-impaets to4he-en,~iFonmem. 3~ 8.6; t :.4:- t. ist ada? irrevet:sibtean4 irt,eu:ievabte ,tmmm itmen ts o t: natUFa I t:esources w h ich ~,ou Itl bc in,of,ed in tl~e proposed action should it be implemented. ge~.~3:g.-7-:-A dd it icmal-data: .development SeF¥iees dh'ector may :'eqt~mD=additienMMat~o~da~:atation :ece:~sap~iu o~:de~: to make a t|:~omugh and e~aet evaluation office I¢t8. 3.8.5.1. APPI.ICANTINFORMATION. A. Responsible person who wrote the ElS and his/her education and job related environmental experience. B. Owncr(s)/agent(s) m~mc, address, phone nunfl~:r & c-mail address. a.8 ..... MAPPING AND SUI}PORT GRAPI IICS. 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 theapplicant is rc_q_t!i_t:~d !_o ~! p~_to ~dj_qi0i,!g propc,'tics_'dtabitaLid_c_'_n_[ificat_io,~_ co,tsi~t~!~[ xvjd~ !h_c_ [)cpmqmcnt iff Transportation Florida l.and Usc ('over and Forms Classification 0'_'!.[ JCl:CS) shall be depicted on an aerial p!!otogra_12h having a scale of one inch C~l_ua least 200 feet when available from the County. Other scale aerials ma2Lbc ~Sc_~[yvJ_~crc appropriate for the size off the project, provided the photograph and overlays are legible at thc scale provided. A legend lbr each of the FLUCFCScategories found on-site shall bc included on the aerial. C. Topographic map, and existing drainage patterns if applicable. Where possible, elevations within each of FLUCFCS cates, ories 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 oflCsite drainage. F. Development plan including phasing program, sewice 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 lhese sites, as well as public owned conservation lands, conservation acquisition areas_,_!n~or flowways and potential wildlife corridors. II. For properties in the RLSA or RFMU Districts, a site phm showing the location of the site, and land use desiqnations and overlays as identilied in the Growth Management Phm. 3.8.5.3. PROJECT DESCRIPTION AND GMP CONSISTENCY DETERMINATION. Page 121 ofl74 Words st~k4hmugh arc deleted, wo,'ds underlined are added A. Provide all overall description of the project with respect to environmental and water nlanagelllent issues. B. Explain how tile project is consistent with each of the Objectives and Policies in tile 3.8.5.4. NAI'IVt',' VI(GI!TATION I'RI';SI£1~,VATION. A. Identil\' the acreage and comnnmity typ_q_of all upland and wetland habitats found tl!g 1~cci site, accordinu to thc Florida l.and I~se Cover and Forms Cli~ssificalion Sxstcm O:[._/!_(_'_l:C.~):_Pro'~jgl_c. a~scrit2!ion oF OIch ~Flhc !'_'I;[K~FCS _ci.!tgg~![jcs idgsLti!Scd s2! ?..S i l_ s? {)_v vcuclalion !SP-g (species), vegetation composition tcnnopy, midsloryand ground cover).~!Ld vc,2, clatJon dominance (dom inant, coiBmon alld occasional). B. Explain how tile project meets or exceeds tile native ve,~etation ps'eserwltion rccjuircment ill Goal 6 of thc Conservation and Coastal Mana~mcnl Element of thc Growth Management Plan. and Division 3.9 of thc l.and [)cvcloN!lgLg (~[[g_:_.])~[~SiS]g [~[LgShjb~l FI.t JCl:CS catcgot'x: C. For sites already cleared and in agricultural use, provide documentation that tile parcel(s_) are in compliance with the 25 year rezone limitation in Policy 6.15 of thc Conservation and Coastal Management Element oF the Growlh Management Plan and Division 3:5~ ~[tlN .L~nd p_gSc!~/pmcnt Code. For sites cleared .N'i~[ !~!t~i~[Y 20~}=proTi~g doctltllClllalion thut thc parcc[~) arc in compliance with the 10 year rezone lin itation 12!'cz~o~Sly _~d~ntilS_gdjn fl~e_Or~ss!hManagement Plan and l,and l)cvelopment Code. I). I lave preserves or acreage requirements Ibr preses'vation previously been identilied thc site during_previous development order approvals? If so, identify tile Iomtion and acreage of these preserves, and provide all explanation if they are different from whal is proposed E. For properties with Special Treatment "ST" overlays, show the ST overlay on tile development plan and provided an explanation as to why these a'eas are being impacted or preserved. 3.8.5.5. WI.;TI,ANi)S. A. l)cline tile number of acres of Collier County jurisdictional wetlands (pursnant It) Policy 6.2.1 and 6.2.2 of tile Conservation and Coastal Mnna<ement Element of tile Growth Mana,,e~nent Plan) according to tile Florida Land Use Cover and Forms Classification System £FIAJCFCS). 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 Manat~ement 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 tile project design improves/affects predevelopmcnt )3 droperiods. P,'ovidc a narrative addressinu tile anticipated control elevationCs) for tile site. C. Indicate the proposed percent of defined wetlands to be impacted and the effects of proposed inlpacts on the functions of these wetlands. Provide an exhibit showin~ the location of wetlands to be impacted and those to be preserved on-site. Describe how impacts to wetlands have been minimized. D. Indicate how the project design compensates for wetland impacts pursuant to the Policies and Objectives in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan. For sites in the RFMU District, provide an assessment, based on the South Florida Water Management District's Uniform Mitigation Assessment Method, that has been accepted by either the South Florida Water Management District or the Florida Department of Environmental Protection. For sites outside the RFMU District, and where higher quality wetlands are being retained on-site, provide iustification based on the Unifoml Mitigation Assessment Method. 3.8.5.6. SURFACE AND GROUND WATER MANAGEMENT. A. Provide an overall description of tile proposed water mfinagement system explaining how it works, the basis of design, historical drainage flows, off-site flows_coming in to Ibc 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 hgw they were deten'nined, and any other pertinent information pertaining to the control of storm and ground water. Page 122 of 174 Words struck through are deleted, words underlined are added B. Provide au analysis of potential xvater quality impacts of the project by evaluating xvater quality Ioadin~s expected from the project(post development conditions considering the [~sluircd lk~r E~cct5 impacting l]vcA~ or more acres of wetlands. 'l'hc analysis shall be pcrfimncd using mclhodolouics ~!p2*rovcd by Federal and State water qualily ~gencies. ('. ldcntil\, any Welllicld Risk Managcmel!t__~Spccial Treatment Ovcrla.y '~AoIjc~_(WRM- S'I) within thc project area and provide an analysis l~)t' how thc p['~l_tj~5~[[ ~3vo~15 ~!~ IJB~5~ intensive land uses within thc most sensitive WRN.+STs. 3.8.5.7. I,ISTEI) SPI:~CIES. A. Provide a plant and animal species survey to includeat a minimum, listed species known to inhabit biological communities similar to those existing on-sile, and conducted ill accordance with tile miidclincs of tile Florida Fish and \Vildlil'c Conscrvatiorl C,,mlmission and thc [I.S. Fish and Wildlife Service. State actual sm'vev tin~es and~d~2t_cs_,_ and l)ZOX_Z;idg_L~ showin,2 thc Iocalion(5,L~7 species of special status identified on-site. B. Identify,, all listed species that are known to inhabit bioloeical commtmities sirnilar to those existin,.z on the site or that have been directly observed on the site. C. Indicate how tile project design minimizes impacts to.~*ccies of special status. Describe thc illeaStll'eS that arc t2r~l)osed as mitigation for impacls to listed.species. l). Provide habitat management plans for each of tl~ listed species known to occur on lhe ~'operty. For sites with bald eagle nests and/or nest protcction zones, bald caglg.2na~cmcnt plans arc required=copies of which shall bc included as exhibits attached to thc PtJI) ~ocumc)!LS, whcc~plicablc. E. Where applicable, include correspondence received from tile Florida Fish and Wildlife Conservation Commission ~[WCC) and thc tI.S. Fish and Wildlilk' Service reuards lo the project, l~xplain how the concerns of these agencies I~ave been met. 3.8.5.8. OTt IEP,. A. For multi-slip docking facilities with ten slips or more, and Ibr all marina facilities show how thc project is consistent with the Marina Siting and other criteria in the Manatee Protection Plan. B. Include the results of any erwironmental assessments and/or audits of tile property. If applicable, provide a narrative of the cost and measures needed to clean up thc site. C. For sites located in tile Big Cypress Area of' Critical State Concern-Special Treatment .(ACSC-ST)_overlay district, show how tile pro_j_em is consistent with tile dcvclop_~_e~! 5[~dard8 and regulations established for tile ACSC-S'F. I.). Soil sampling or ground water monitoring reports and programs shall be required for sites that occupy old farm fields, old golf courses or for wlich there is a reasonable basis for believing that there has been previous contamination on site. The amot, nt of sampling and testing shall be determined by the Enviromental Services stall' alonR with the Pollution Control Dcpamnent and the Florida Deparunent or 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 ElS and project. 3.8.~. 7 ~*;~" ~' ........ cm ~,`4 .4 .... ~^p .... ofreg!onal; ...... ,'r~o~ RELATION BETWEEN EIS AND DEVELOPMENT OF REGIONAL IMPACT (DRI). In any instance where the proposed project requires both an ElS and a DRI, their data may be embodied in one report provided such report includes all the required information on both the ElS and DRI. 3.8.~8~ Exen':ptie, ns, EXEMPTIONS. Page 123 of 174 Words sm. mle4hrotvgh are deleted, words underlined arc added 3-:8.9. !. 3.8.8. I. Single-family or duplex uses. Single-family or duplex use on a single lot or parcel. Exemption shall uot apply to an), parcel with a ST or ACSC-ST overlay, unless otherwise exempted by section 2.2.24.8 of this Code. 3~.41.. tM-; 3.8.8.2. Agricultural uses. Bona fide-aA_gricultural uses ~ agricultural c!eav~ pennit-o~e~emptiot~ha~n ~u~4~e~rdanc~ ~ifl~-~fio~&g.&54~e~in, that fitll within the scope of sections 163.3214(4) or 823.14(6), Florida Slatutcs, provided thai thc sut~jcct property will not be convened to a nonagricultural use or considered tBr any type of rezoning petition lbr a period of ~ twents-five years after the agriculttjral uses commence and provided that tl~e subject propert3 does not fall within an ACSC or ST zoning overlay. 3.8.9. !.2.4¢u¢I~ ag:'ictfllural use gl:all-be condu-aed in a mam~er-va~icl~ meet-s-albstate',md4{m-al regulations, including the4~seot:herbieides~ pestiektescand-lbp, ili~.el:-applic-afion. -3.8.9.4.3.~,l,,n~ ,, fide-a~rictdm~al~ uses s!~all be *~'~,.~ same as '~..~ ...... ~....~=~: ..... ~ imsec4io~- 2.2.-o~. t4:t3Cq Pem,,itted use~-item _'2~, as-may be-.an:ended&:omqime to-time. 3.8.9.2.3.8.8.3 Non-sensitive Areas. Any area or parcel of land which is not, in tile opinion of the dc~,clopmcnt services director, an area of environmental sensitivit3~ect to the criteria scl l~)l'l]l bcloxv, provided that the subject property does not flail within an ACSC or ST zoning_pverlay: ~'~t~making su~b-a-finding~he-d~topment ser~es-di~ecto~i~ee s!~ll inspect-the site an&w~-ite a mp~twwh ~I~ Il be -fil~4~Hh~Mieme~hat4e~dn~o~Om pmp{~d pt~ect relates t{~e~;O~e l~!!o~ng criteria: 3.8.9.2. !. &. The subject property has already been altered through past usage, prior to tile adoption of this Code, in such a manner that thc proposed use will not further degrade tile cnvi,'onmcntal quality of tile site or tile surrounding areas which might be affected by thc proposed usc. 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 reasouable 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 surlhce and/or natural drainage or recharge capacity of the pro, ject site has been paved or channeled, or othe,'wise altered or improved prior to tile 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 lhe passage of this Code. An example would be where the developer proposes to reforest tile area, provide additional open space, replace natural drainage for channeled drainage, and/'or reduce density. 3.8.9.2.5. E__:. Tile use or development will utilize existing buildings and structures and will not ,'cquirc any major alteration or modification of the existing land forms, drainage, o,' llora and fauna clements of thc properly. 3.8.8.4. All lands lying within all inco,'po,'atcd mt, nicipalilics in Collier County. 3.8.8.5 All NBMO Receiving Lands. 3.8.-14~. 9._:. Fees. 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. 3.8.44=. 10__.~. Appea!s. 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 enviromnental advisory board or their successor organkation. 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 pattie; waive this requirement. C_._~. The appeal will be heard by the environmental advisory board within 60 days of the submission of the appeal. D__: Ten days prior to the hearing the aggrieved person shall submit to the enviromn.ental advisory board and to the development services director copies of the data and inll)rmalion hc intends to use in his appeal. Page 124 of 174 Words struck thrmvgh arc deleted, words underlined arc added E_=. Upon conclusion of the hearing tile environmental advisory board will sub,nit to the board of county commissioners their facts, findings and recommendations I"~. Thc board of county commissioners, in regular session, will make the final decision to aflSrm, overrule or modil~' the decision of the development services director in light of the recommendations oflhc environmental advisory board. SUBSECTION 3.K. AMENDMENTS TO DIVISION 3.9., VEGETATION REMOVAL, PROTECTION ANI) lqllSSERVATION DIVISION 3.9., Vegetation Removal, Protection and Preservation, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND I~RESERVATION 3.9.1. T~tle and e~t'ation. TITLE AND CITATION. This division shall be known and may be cited as tile "Collier County Vegetation Removal, Protection and Preservation Regulations." 3.9.2. Puvpose, PURPOSE. The purpose of this division is tile protection of vegetation within Collier Counly by regulating its rcmowfi; lo assist itl thc control of llooding, soil erosion, dust, heat, air pollution and noise and lo maintain property, aesthetic and health values within Collier County; to limit the use of irrigation water in open space areas by promoting tile preservation of existing plant communities. To limit the removal of existing viable vegetation in atvance 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 tomeet the requirements of other sections of this Code. 3.9.3. App:ieaL.qity. 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 remowfl or vegetation removal and fill permit from tile development services di,-ector exceptas hereinafter exempted. 3.9.3. I. Exemptions ,..,~"'4 ~,-~t--~..o. ~ ..... ;^-~ EXEMPTIONS AND EXCEPTIONS. A. NBMO EXEMPTION. Development in NBMO Receiving Lands are exempt from the provisions of this Division. B. e~;.~ ~.,~ k,~; ...... t,~ T.:~.~ c ..... ;~. SEMINOLE AND MICCOSUKEE TRIBE EXCEPTION. Except t~at i!n accordance with F.S. § 581.187, vegetation removal permits shall not be required for members of either the Seminole Tribe of Florida or tile Miccosukee Tribe of Florida indians, subject to the following conditions. Said permit exernption 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 andwritten 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 silvicnlture. C. AGRICULTURAL EXEMPTION. Agricultural operations that fall within tile scope of sections 163.3162(4) and 823.14(6), Florid0 Statutes, are exempt from the provisions of 3.9.3 through 3.9.9, provided that an.y_ new clearing of land for agriculture outside o£the RI,SA District shall not be converted to non-agricultural development for 25 years, un_l~ss the applicable provisions set forth in Sections 3.9.4. through 3.9.6. are adhered to at the time of the conversion. The percentage of native vegetation preserved shall be calculated on the an~onnt of Page 125 of 174 Words stra:ck tl:votvs--,h are deleted, words tmdcrlincd arc added vegetation occurrin~ at thc time of the agricultural clcarin~ ~.~md if lbtmd to bc dcficicnl, a native plato communiw shall be reslored to r~creatc a nalive plant communily in all lhrec strata (m'ound covers, shrubs and trees), milizingJ3rger planl main'isis so as to more [l~jgl<~ I'C-cFcatc thc lost illattlre vceelalion. I). PRIM'~XISI'ING USES. Exemptions ti-om the r~flnircmenls of Section 3.9.5 dn'ou~ ............... I . _00_. cxislcd exislina prior Io JtlllC prior lo ,hlll,2 I 9 2002: or projects fei' x~,]lic]l a Condilional usc or Rezone petition has bccn a_t2E/'oved by the County prior to June 19, 2002; or, land use petitions for which a cqB~p!~lcted__~p_plication has been sabmilted and which have been deternlined to be vested !?L~!!! !!Lc__r_c~l!drcments of tile Final Order prior lo June EX~SI~Ig .~Scs 5hall includsL~xpansions o1' lhosc uses it' such <2[XI~:3LIDL ~3~illz3~ 1o thc existing uses. 2. Such l~/'eviOtlsly approved developments shall be deemed to be consistent with file GMP Goals, Policies and Objectives ilar thc RFM[~_[~is~F~gl, anc~_[13~'_nD!15_~ 12t3~[L~[!~ ~!! sh~dl Mst) bo doomed to bo COIISJMc!/I xxilh Iht (iMP (;oals, Objcclivcs illld p,licic:q fi,' Ihc EXEMPT MANGROVE AI,TtZRATION PI~.OJECTS. ManRrove alteration projects that arc exempted fi'om Florida Deparmaent of Environnlental Protection permit requirements bx Florida Administrative Code 17-321.060 arc exempt t'mnl preservation sta~.lards for mangroxc trees, unless lhc~rc a part of a preserve. ~Fhis exemption shall Illall2FOVO alterations or rolllova[ in anz preserve or in an~ area where tile mangroves have been retained in satisfitction oF 8cction 3.9.4. Thc Collier COUII~' Environmental Advisory Council OeA~may grant a variance lo tl~e provisions el'this section if compliance with thc man~?5'_9 tree preservation standards oF this Division would impose a unique and unnecessary hardship on thc owner or any other person in cmtrol of articled prope~angrovc trimmingor removal lbr a view shall not be considered a hardsh~ Relief shall bc granled only upon dcmonsm, ion by thc hmdowner or afl~ctcd ~that such hardship is peculiar to thc aFl,clod EES2pcrtv and not scll~imE[~scd, and that thc re'ant ora variance will bc consislcnl with thc intcnl oF this division and the growth management plan. ~ppEcadon requlrcmcnts~. 3.9.4.~ 'q'~ ..... Fc;.n:i,,s ;'cq:;i:'cd TM .......... ; ........... ~ permit oh~n ~ issued by '"~ ~[ ..... se~ces direcm~nti[ all apN~ble Fader~d state,m~d~ounty app:'oval~as d~ated~iM d~el~men~-se~iees-direetoFhave b~n-obtained/Fltes~p~,~at~may4n~hide~ but are limited ~c4al ~e~m~mt (ST)d~opmem-pc:'m D:g~Anng C~t:p~d:gt~hme~s-p~ts~ ex em pt leas. ~~a rt n:ma~vk~ental-Protect im~-~m~ its er ............ ~ ....... ~fida Fish and Wildlife Cm~¢vat/on Commksion permits or exem~io~. ~uth F,u ..... -~, Mat~em~t DistF~B~ exempt. ~her applicable agency reviews or pe:-~ts or Od]er count)' approval~ 3.9.~.2./,pp!ic'atic;;: c',;:::cnts. Application for a vegetation rome';a! pet'mit shal! be submitted to development services ~; ...... ;.- writing ~'- a r .......... ;~n ~-,, "-~ ,~ ..... ~ ......... ser;'[ces ......... tx. T~.~ a cation approximate location and extent of vegetation upon the ,site. The inventory sba!! be based upm~ the most current available [nformatio:~. For non:esidential and multifamily de;'elopme:~t, the invcq~to:'y may_~,["~ in n,~,.., .~.,.,c' ...... o!~maer[a!-or-a~qeld~su trey, and-maybe accmupanied-by ;ii ...... ,;..g ,),p;~,. I .......... .~ .......... ~'~ or videotapes ................. o!';'egetatio:: ,.~c~ ....... a ......... ;,; ...... ......... but .k.n clearly ;"'~ .... h~Lqkat t;.'pss .... i ............. ~ ;'egetatim,,wamlq~a~i~ aerial o." o ..... .~, ~ ..................... ~, ..... accompanied k.,~., v,,~.~,-~',,-"~'~* ...... t.o or ":'~"^'. ,~-~--v-~ .... ,,,-o,,-.,,,~,; n,,o,~,; .... typh;al ....... c, ...... ,.,,. · v ............................. ., ..... generalized ....... at;.-- i n ;, ~ mor-y-shal~ ~Jin some :nanaer which clearly illustrates the :'elatioh, ships b. etween the areas of pmposed~it~ improvements. Page 126 of 174 Words :;truck through are deleted, words underlined are added ~hall ~ ac-~on~anied-t~ bt4et:w~t~t~ses~ent-ot~fl~plam ~ommuniti~whic~ l~ave been i)ialtl COItttlttlllJlJ~5 idmnilied, htcludin~ their ratqty; viability, and such other-physical c~.aJuation shall l~ prepared by a per-son knowledgeable in the identiticat ion and e va Jual ion lite al)piJcatit)t) include sucl~ atMiJionaJ4ntYrllialion which is reasonable and necessary I~1' adequate administration ot: dfis di¥isJon. j.: ..... &:. ..... t.;oeatioa ~f-proposed-sm~mm~4n f:'a~metm~aad atterat 4-: ..... ;t;l~e-h~alion-and q~eei~ ,)~JJ-pFot~ vegetat ion.-La~ge, stands- of a -s in gle spec les. ~ucli-as cypress heads, ,nay be indicated as a group with an iq}l)rt)ximate number t)r area. ~ ...... l~aatio~:al~prolecled vegmat~mp~posed I~:' 1~. ~-- t.a~6mYaa~ail~e~live ~rricading of th~egmat~4o4~a~& g. ..... l),eseFiplion of a~-proposed g. DeseFiption of any proposed maimenance lrimm ing of mangroves. 3:g:d~-An ~uted t. Name, address, a~phone of prcpeay ow~. PrO0 [' Of OWllers[~ 4. -. ~ I,egal desuript ion: 5. -~Re~tbv~)po sed¢ea~ 6. ~a~,~,~a ,, as,,,; ...... ;,4, vegetation,~'" ~ .......... .~.,~,~a c,,.~., ..... vegetation ',-.~ ~ ...... ' ........... ~ ..... method of remcval, Mhould be no, that the root system of the vegetmi~ al'so be protected. 7. Signature~,"c p:'cpen~ ......... ~,,,,~, or copy ~,~c, ...... ow~,,,~;n ............. ~,,,,,~, signed ~rty cwa~. : a ~ ~ ,~ Vegetation -~*; .... ............ , ......... ; ..... ~ .... ;"- perm k~egetafion ........... ~ perm ~t) :nay~ ~or ~'~'~" ~"'~ approvals, a -~e ~ ........ , k., .h~ a .... b,p ......services a; ...... provided thaO~n ~-~ a ............. {,~ .... early and ~,t.~. ;.e ..... *;~- as ,~ ...... : ................................. 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. I. GENERAL STANDARDS AND CRITERIA. A. The preservation of native vegetation shall include canopy, unde~story and ground cover emphasizing the largest contiguous area possible, except as otherwise p,'ovidcd in Seclion 3.9.7. I.E. Page 127 of 174 Words struck through are deleted, words underlined arc added B. Areas that fulfill the native ve,zetalion retention standards and criteria of this Section shall be set aside ils p,'cserv~c.arcas, subjgcl to thc ,'eqLAij'_e,_!!c~n_t_5 (~!' Sc__gc[iou 3.9_.7_._ ~iP_g!g_I_'i!P_!i!.x t_'gsis!g,3c~es_iAr~c g~c2!!p21 from lhe rCClUircmcnls of Scclion 3.0.7. C. Ih'csc,'vc areas sl~all he selected in such manne,' as to preserve the lbllowing,__i,~ I. ()nsitc x~,etlancts havin,a an assessed I'unctionalitz~2!'Q.O~.9!' g,'_eiAl_~t':, 2. Areas kmmn lo he utilized ~_!ist~d__Epecics or tlutt serve as corridors for thc m 9__,,5_c !_~! c n t_ _o_ ( x~_ j I t_} I i_l&; Any upland habitat that serves as a butTer to a wethmd area, 4. 15sledplant and animal species habitats, 5. Xeric Scrub. 6. l)une and Strand, ttardwood tlammocks, 7 _1_),T t~[ai!;i& I)inc Flat~voods and _8= A~l[<2tlocr upland habitats. 9. Existmtz native vc,.zetation located contiuuous to a natural reservation. 1). P,'cscr',,ation areas shall be interconnected within the site and to adjoi_uin_g_._t2!7['-_sitc_' preservation areas or wildlife corridors. Ii. }l_'g [l_!~..,.grcatcs! extent possible, native vcgcta_gtjt2,3, in quantities and _tS'pgs_Sgt_ DMsion 2.4. shall be incorporated into landscape desitin order to Ero,~B2!gJ!!~ preservation of native plalll communities alld lo encoura,.ze ',kqter collservatio,I. 3.9.4.2. SPECIFIC STANI)ARDS APPLICABI,E OUTSIDE THE RFMU AND RLSA DISTRICTS. Outside tile RFMU and RLSA Districts, native vegetation shall be preserved on~site through tile al~lication of the following preservation and vegetation relentkm standards and criteria, unless the development occurs withiu the ACSC whe,'c the ACSC standards referenced ill thc F'uturc l.aud Use Element shall apply. This Sectiou shall not apply to si,~gle-lhmily dwell_in3g units situated on individual lots or parcels. A. REQUIRED PRESERVATION Development 'l',y_12g Coastal I l igh Itazard Area Non-Coastal I I!g[~ }_ta~rd ~_A!'ca .............. l.ess than 2.5 acres 10% Less than 5 acres 10% P, esidential and Mixed Use Equal to or greater Equal to or greater titan 5 acres Devclopmen_! 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 Development and all other Less than 5 acres. 10% Less than 5 acres. 10% non-specified development types Equal to or greater Equal to or than 5 acres. 15% greater than 5 acres. 15% :ndustrial Development (Rural-Industrial 50%, not to exceed 25% of the project 50%, not to exceed 25% of the project District only) site. site. B. EXCEPTIONS. An exception from tile vegetation retention standards above shall be granted in the following circumstances: 1. where tile parcel was legally cleared of native vegetatiou prior to Jalluar.y. Page 128 of 174 Words struck through are deleted, words underlined arc added t_l~c ~!'j_tcl_'ia~s~L Ibrd)in Section J. ).7. l.t:. and xc~ctat Ol) retention Sial/dill-ds and critclmia, in addition lo thc gCllCl'illlv applicable slalldal'ds and criteria set lbrlh in Section 3.0.4.1 abe\c: A. I~,I:MIJ RECEIVING LANDS OLITSIDE 'File NBMO. 1. A minimnum of 40% el' tile native ve~t_iot~Lprescnt, not to excccd_25')~o321_'~t_l!c_'.LoJa_l site area shall be preserved. a. Off-site preservation shall be allowed at a ratio of Ill il' such ofl'-sitc preservation is located within REMtJ Sending_l:~)t!d_5. b. Off-site preservation bc allowed at a ratio ol' 1.5'1 il' such off--site c. tJkc for like preservation shall be ,'cqujrcd !'p_t_'~[):~p_ic~} _l!~rdw~d ~Bs! ~2~!~ l lmnmock vcgclalivc comnnlnitics. 2. Where schools and other public facilities arc co-located on a site, the native vegetation retention NLc_g. tjircmcnt shall be 30% o£ tile native veuctationpresent, not ts) exceed 25% of thc site. P,. NI'~tJ'I'RA 1. I.ANI)S. I. ltl Neutral l.ands, a n'dnill~Unl of 60% of the native vegetation presenl, tel tj_cxccc~d 45% el'the total site area shall be preserved. 2. Exceptions. East, In those Netttral I,ands located in Section 24, Township 49 St~u_th, Range 2~ in tile NBMO, native veuetation shall be preserved as set thrill in Section b. Where scl'tools and other public facilities are co-located on a site, the native vegetation retention requirerncnt shall be 30% of the native vegetation present, tel to exceed 25% of the site. C. P, FMtJ SENDING LANI)S. I. In RFMU Sendinp Lands that are not within a NRI'A, 80% el'tile native vcgclation present on site shall be preserved, or as otherwise permitted under the Dcnsitx2 Blcndint,, provisions of Section 2.6.40. Off-site preservation shall be allowed in satislhction of UP to 25% of the site preservation or vegetative retention requirement, at a ratio of 3:1, il' such off-sile preservation is located within or contiguous to Sending l.ands. 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 Blend!ne, 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. I. 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. Ti'ds allowance shall not be considered a rnaximum 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 l,and. On County-owned land located in Section 25, Township 26 t:,, Range 49 S (~/-360 acres), the_!uj!jv_qe_v_gg~ta__Lio,_2_!'c21~iUjt2!!, i_q!f}_YJ!g Page 129 of 174 Words sl-~ck t~ugh are deleted, words underlined are added preservation requirements may be red!iced to 50% if thc permitted uses are restricted to tile portions of tile p_rgperly that are contim~ous to tile existin~ land fill ~12erations; exotic l_'~Clll.~O\'~.~l]_ xx£il~l_l_'~_c y_ccjuircd on Ibc entire 360 acres. 3. DiscretionarX_~x_'ception tbr Essential Public Services. Thc community developmgBt cs~g.[~[ public scrv ices ~as g~Iiu~dB~cctiotL2.0.~ ~h~rc ~! catkbe d~n!~Bst~:[~[cd accommodated on Iht site illld il is in the best intcrcsl of thc general public to allow [~dHg[~(~! ~1! a!l q[t)art l¥onl the requi[ctllgpt5 tbE~rcscrvalion ol'existin~B~!iv~y~gclation. 3.9.4.4. SP[:~CII:IC STANDARDS FOR RLSA DISTRICT. For lands within thc FLSA District, D~_ti~_c ,zegcta_tjgn__sh_a_l~[b_c_prcscrved pursuant to tile RI,SA District Regulations set fortl~ itl Section .--_.27 ~__~.f th i~ C~_~d__c. 3.9.4.5. DI'~NSI'I'Y BON[JS INCI~NTIVI-;S. Density Bonus Incentives shall be granted lo encoura,.zc preservation. A. OUTSIDE RURAL VILLAGES. In RFMU Receivine Lands not designated as a density bonus of 0.1 dwellin~nit per acre shall be granted l~w each acre of t~tg[~xZE_5'cgctat~ot~_prcservcd on-site that exceeds thc requirements set lbrth I?,. INSII)I:, I~,[II~,AI~ VII.I.AGILS. In RI:M[J Reccivinu l,ands dcsit[!!~3lcd__i_!5._.i_kl_~,._t!ra~l Village. a density bonus of 0.3 dwclling_ul_ajks per acre shall bc granted for cacll ;.icrc of native x_'_?z,,gctr~LiC2lkprcscrvcd on-site that cxcccds thc re~-Nuire,ncnts set forth itl Section 3.9.4.3,. once a dcnsitx of 2 units per acre is achieved throu,.zh thc usc of TDR and Bonus Credits. 3.9.5. WETLANI) PRESERVATION AND CONSERVATION. 3.9.5.1 PURPOSt~. The followint~ standards are intended to protect and conserve Collier County's valuable wetlands and their natural functions, including marine wetlands. These standards app~ to ~11 of Collier CountX~ex~ tbr lands within the RI,SA District. RI~SA Dislrict lands arc ~ulatcd in Section 2.2.27. Wetlands shall be protected as lbllo~vs~ with total site ~xse[ya~?~! to cxcccd those alllOtlDlS of vegctation retention scl forlh in Section 3.9.4.3, .~.9.>._. URBAN LANDS. In tile case of wetlands located within the Urban designated areas of the County, tile County will rely on tile jurisdictional determinations made by tile applicable state or federal agenc2L in accordance with the following pro,,isions: A. Where permits issued by such jurisdictional agencies allow for impacts to we!lauds within this designated area and require mitigation For such impacts, this shall be deemcd~to meet tile obiective of protection and conservation of wetlands and thc natural functions of wetlands within this area. B. Thc County sllall require tile appropriate jurisdictional pcrmit prior to thc issuance of a final local development order permitting site improvements, except in tile case of any single-_ family residence that is not part of an approved development or platted subdivision. C. Within the lmmokalee Urban Designated Area, there exists high quality wetland system connected to tile Lake Trafford/Camp Keats system. These we!hinds require greater protection measures and therefore the wetland protection standards set forth in 3.9.4.3. below shall ap_ply 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 tile vegetation retention requirements of Section 3.9.4.3 above and the following: A. STANDARDS. I. 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 Cotmty will accept wetlands fimctionality assessments that are based upon the South. Florida Water Management District's Wetland Rapid Assessment Procedures_ (WRAp), as desc[ibcd_i~.__~l~eght!ic_'a! Pt. blication Reg 001 .(.~eptemb¢.r ! 997, as t!Edale Augus_!l_l199_9 ..l.__Tlle ~p_p!icauk~hal[ to County staff these respective assessments and the scores accepted by either thc South Florida Waler Management District or Florida Department of Environmental Protection. Page 130 of 174 Words ~:ucq~th~gh arc deleted, words ttndcrlincd arc added 3.. l:×~i:[iLLg ~:c_tl&m~l__l_l_<2~v_:~:j2t2s_Ll_n'ojJ:~!_!he t~'~ect slmll be maintained re,z, ardless of whether the preservation of these flowways exceeds the acrea,ze required in Section 4. l)rawdowns or diversion of tile ground water table shall not adversely clu3nge !13~ hvdrol%_'fit~d~_ql' preserved wetlands on o,' offsite. Deteation and control elevations shall be set to protect surroundinu wetlands and be consistent with surrounding land and control elevations and water tables. In order to meet these requiremenls=12~e__cl_s =sl3L~!! lOX designed in accordance with Sections 4.2.2.4, 6.1 and 6.12 of SFWMI)'s Basis of 6. P,'escr~cd wethmds shall be buffered fi'om other land uses as lbllows: :4. A minimum 5(Mbot vegetated upland bnffer adjacent to a natural wat:r body: b. For other x~.ctlands a minimum 25-1k)ot vegetated upland buffer adji3c2cJ!l_AE the wetland. c. A structural buffer may bc used in conjunction with a vegetative buffer that xxould reduce tile vegetative buffer width by 50%. A structural bu flL'r slmll be required ~j3ccnt to wetlands where direct impacts are allowed. A structural buffer may consist of a stem-wall, berm. or vegetative hedg~ xvith st, itable fencing. d. Tim buffer shall be measured landward fi'om tile approved jurisdictional line. e. The buffer zone shall consist of preserved native vegetation. Where native veuetation does not exist, native vegetation compatible witl~ the existing soils and expected hydrologic conditions shall be planted. f. Thc buffer shall be maintained Ii'cc of Catcgphy_ I invasivc exotic Ela~!s_.. 45 defined b35 Iht Florida I(xolic Pest Phml Council. g. The following land uses are considered to be compatible with wetland fimctions and are allowed within the buffer: ( I ) Passive recreational areas, boardwalks and recreational shelters; (2) Pervious nature trails; (3) Water nanagement structt, res; (4) Mitigation areas; (5) Any other conservation and related open space activity_ or use which is comparable in nature with tile tbregoing uses. B. MITIGATION. Mitigation shall be required for direct impacts to wetlands in order to result in no net loss of wetland fimctions, in adherence with the following requirements and conditions: I. Mitigation Requirements: a. Loss of storage or conveyance volume resulting l¥om direct impacts lo wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. b. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with a and b above. If agency permits have not provided mitigation consistent with this Section, Collier County will require mitigation exceeding that of the iurisdictional agencies. c. Mitigation requirements for single-family lots shall be determined by tile State and Federal agencies dt, ring_._theiL_per,nit!i~!g_process, requirements of Section 3.9.5.4. 2. Mitigation Incentives: A density bonus of 10°,4 of the maximum allowable residential Page 131 ofl74 Words st:'uc~thmugh are deleted, words t,nderlincd arc added density, a 20% reduction in the required open space acreage, a 10% redt,ction in tile _reqnired native vegetation, or a 50% reduction in required littoral zone requirements may ~ggranted for pro_jects that do any of tile following: a. Increase wetland habitat through recreation or restoration of wetland functions, of tile same type found on-site, on an amount of off'site acres xvithin the Rural Frin~ Mixed Use District Sending l.ands, equaL~or.greatcr than 50% of the on-site native vegetatioAprcservalion acreag~_.~uircd, olL~00_~ of2he QvgrB!l pl'oj~ size whichever is~_ or, b. Create. enhance 9r restore wading bird habitat to be located near wood stork, and/or other wading bird colonies, itl an amount that is equal to, or greater than 50°,/o 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 mumallx2 agreeable to the ~p2plicanl and Collier CountsLafl~,' co!ls_t!![~tjtH~wj!l! thc applicable jurisdictional agencies. 3. ElS Provisions. When mitigation is proposed, tile ElS shall demonstrate that there is no net loss ill wetland functions as prescribed above. 4. Exotic Ve<etation Removal. Exotic vegetation removal shall not constitute mitigations2: 3.9.5.4. ESTATES, RURAI,-SETTLEMENT AREAS, AND ACSC. In the case of lands located within Estates Designated Area, tile Rural Settlement Area, and the ACSC, tile Count_y shall rely on the wetland jnrisdictional determinations and permit requirements issued by tile applicable jurisdictional agency, in accordance with the following: A. For sine, lc-family residences within Southern Golden Gate Estates or xvithin Ibc Big _Cypress Area of Critical State Concern, the County shall require tile 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 sitmle-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 submerge_d marine habitats as provided in Section 2.6.21.2.7. 3.9.6. NATU RA L RESERVATION PROTECTION AN D CONSERVATION. 3.9.6.1. PURPOSE AND API)IACABILITY. A. The purpose of this Section is to protect natural reservations from tile 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. Ali 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. I. Open space allowed between the project's non-open spoce 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: Page 132 of 174 Words s*r-uck through are deleted, words underlined are added a. preservation areas:, C. stornlw;.ller nlanagenlent kll'eas~ d. pervious nail, re trails and hikin~ trails limited to usc by nomnotorized 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 p_layground~% tenni~courls, golf courses (excluding_.roughs maintained in a natural state), and olher recreational uses and yards for individual lots or parcels, or open ~p~_e u:scs that arc impervious itl nature. These more intensive open space uses may ,lot be located closer than 300 feet to the boundary of the natural reservation. 2. In addition, where woodstork (Ml;cleria americana) rookeries, bald eagle (Ha/iaeetus Icuc'oc'eph~tltlx) nests~ and wading bird roosts are fonnd in the adj3_cet!L_naBu:a_!_re_s_er_v~Ljg~, tile open _space uses identified in sub-sections B.2.a. lhrough c are considered acceptable lbr placement within a buffer as specifid below: a. Woodstork (M¥cteria americana) rookeries, bald eagle (tfaliaeetus leucocephahts) 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 Mana~aemenl Plan. C. CONTIGUOUS NATIVE VEGETATION. Existing4 native vegetalion thai is located contiguous to lhe 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 lo 3.9.4 or 3.9.5 shall be scl-aside in a Preserve and shall be identified in Iht following nlanller~ 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: I. 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 offifw feet in width but not less than twenty feet for properly of twenty acres and greater. PROTECTION OF WETLAND HYDROPERIODS. Drawdowns or div'ersion of the ground water table shall not adversely chaBge the__h_yzh'_operiod of p_t'es~_v~d_ x_v_qt!,3!!ds.' p!] p[ Page 133 of 174 Words struck through are deleted, words tmdcrlincd arc added olTsitc, l)utention and control elevations shall be sel to protect surroundinu wclhmds and be consistent with surrounding land and project control elevations and waler tables. In order to ~)!hottk placinu on die CotmlyJ~2 ~T~onsibilitv Ibr maintenance or 1o a RE~pcr!z turners' association or similar entity wid~ maintenance responsibililies. The protective covenmts lbr tile tract or easement shall establish the permitted uses tbr said easement(s) and/or tracts on the final subdivision plat. A noncxclusive easement or tract in fiwor o1' the Courtly, wiflloul [nLv maintenance oblig~d~.shall be.provided lbr all pre,ryes on Ihe preliminarz~l!cl [~t~! 2Hbctiv~ P!~ a~cl a!l l~[.d~y~l~pmel~t order site ~U!s. ~[.be.bo~pd~jcs 2[~!!_~ ea~2~pen~ ~!al[ be ~!!lenE.~opcd .oil !be J~lml subcliy_~2~tt [~lal. CP, EATEI) PRESERVES. Created Preserves shall be allowed lbr parcels ihat cannot l_'_eason&Lb_LL;jcct~_~&~]p_?c!~te 1_~2~2!b_.._tl2e_required on-site p,'escrvc re'ca and Iht l*n'ot2~2s~c_l [3cAj_~:j!x.:: a. Where sile clevalions or conditions requires placemenl of fill dlereby harming or rcducin,z tile survivability ol'the native vegetalion in its existing locations; b. Where tile existin,,, ve,2etation reqt, ired b~.this policv is located whc,'c 12!'_gP2~S c c~t._2)_ ~_i n_!t2!'o~: cmc n!s_ a t~'~ LtLb_e 132_c L~[c c_Jt LU]_t! h.t_! c_'l~_ i !]~'n'o v c n ~ c n I s c an ~ i o I h c !'clt~c~[g_d_.~15 ttD prolcct the existing native vcgcI4[i~!!; c. Where nalive prcservalion reqtm'emenls cannot be accomn]odaled=~_lh__c landscape plan s]lall re-create a native planl comnnmitE in all three slrata Lground covers, shrubs and lrees), utilizing larger plant materials soas to more quickly re_- create the lost mature ve,4etation. 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 tile native vegetation requirement when preserves are planted xvith all lhrce strata; nsing tile criteria scl forth in Created F'reserves. This exception may be granted, regardless oF lhe size of thc project. e. When small isolated areas (of less tllan '/2 acre ill size) of native vegetation exist on site. hl cases where retention of native vegetation results in small isolated areas oil.,'2 acre or less, preserves may be 12lamed xvith all three strata; usin_g Iht criteria sc! tbrth in Created Pl'eserves aud shall be created adjaceut existing native vegetation areas on site or contiauous to preserves oil adjacent properties. This exception maz !~ gj'anted, regf!rdless of tile size of the project. f. When all 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__inDpacled 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), utilizint,, larger plant materials so as to more quickly re-create the lost mature vegetation. Such re-vegetation shall apply the standards of section 2.4.4. of this Code, and include the following minimum sizes: one gallon ground cover; seven (7) gallon shrubs; fourteen (14) foot high trees with a seven foot crown spread and a dbh (diameter at breast height) of three inches. The spacing of the plants shall be as follows: !wen _ty 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 snited lbr 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 vegetatiou. Page 134 of 174 Words struck through are deleted, words underlined are added c3lual to or greater lhnn twent_y acres and less lhan eiKhlv acres of existing (.3_[ not more than 10°.0 of tile required preserves il' tile property has c3j. tji!Lto c~tLgrcatcr tllan eightx act'cs of e×isting native vegcta[Loj!:. Thc minimum dimensions shall ~-~t2~i as sst forth in 3.9.7.1.17,. d ..... ,,~l_l_3)crinlctcr landscaping areas that arc rcql/~s_te_d_t_t2_12~ L~Pl2ro~v~c_l LO_ l~!!fi[! c_'~m_plv with all preserve sclbacks. t:. AI.IX)WABLE SUPPI.EMENTAL PLANTINGS. Supplemental native plantings il_3 i_![! t_!l_rc~c 513_'at~__Li3!ilZ. 12e ad~e~ BLprcserve areas where thc rcmowd of noiHmtivc and/or tltlisancc vegetation creates (2pen areas with little or no native tug,ration cox~i3~ac~_l~lal~! t!~3.[~r[~I[ [[~ lhcsc restoration areas shall meet thc l~)llowing miniature size criteria: one ~[!t~l~ grotu~d coxers~ three ~allon shrubs and six tbot hiRh trees. Plant material shall bc.plamcd in a manner [I)~k~!t)ni~s ~..[D~H[a~ plant community aud shall not be mainlaincd as landscapi~Dg. Minimum 5.izc~ I}YZ plant material may bc reduced lbr scrub m~cl other xeric habitats where smaller 5J~9 plants material arc better suilcd for re-establishment of thc native pl_i~Ll_co!_~lL!!_t]Ld&2v. G. Iq~,F;SEP, VF.' MANAGEMENT PI.ANS. The P,'eserve Management Plan shall 1. General Maintenance. Preserves shall be maintained irs their natural state aud nltlSl bc keE! l¥cc of refuse and debris. 2. Exotic Vegetation Removal, Non-Native Vegetation, and Nuisance or lnvasive Plant Control. Exotic veuelation l'emoval and maintenance plans shall require that Categ!2rD:[ l-:xotics be removed fronl all preserves. All exotics within the first 75 feet of thc outer ~!g_q ~!' cv_t._?5 t2Ns~rv~_sl!~!Lh~sysica_ll~_rcn!pved, or_the tree cut down 1o s_'t_U02}2 treated, l.lxotics within tile interior of tile preserve ruay be approxcd to be lrcatecl in place il' il is determined that physical removal mi~hl cause more damage to thc native vegetation in tile preserve. When prohibited exotic vegetatiou is removed, but tile base of tile vegetation remains, the base shall be treated with an [J.S. Environmental Protection Agency approved herbicide and a visual tracer dye stlall 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 ora Preserve Manager. A Preserve Manager shall be identified as tile !'_csl2k~_!si_b_!]c p;.u'l¥ lo ensure that the Preserve ManaRemcnt Plan is being coH!pljgd ~'i[b: Thc individnal~5 nalnc, address and phone nun~ber shall be listed on Iht Preserve Manaucmcnl Plan. The same inlbrmation shall be provided regarding the developer. Both parties will be responsible until such time that the homeowners association takes over lhe managernent of tile preserve. At that time. tile homeowners association shall amend tile plan to provide the homeowner association information and intbrrnation 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. At a minimum, the Preserve Manager shall have the same qualifications as are re__xluired for the aulhor of an EIS, as set forth in section 3.8.4. 4. Wildlife ttabitat Management. Where habitats must be managed with regards to tile 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. I 1.3. 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 ti'se preserve areas, as long as any clearing required to facilitate these uses does not impact the mini,hum required vegetation. For tile purpose of this section, passive recreational uses are Illose uses tllat would allow limited access to the preserve in a manner that will not cause any negative impacts to lhe p. reserve, _such as pervious pathways, benches and educational signs are pe,'mittcd in tile preserve. Fences m~ be utilized outside of the preserves to provide protection in the preserves in acco,'dance with Page 135 ofl74 Words struck-tluuo-ugh are deleted, words tuldcrlincd arc added tile protected 3pccies section 3.11.3. I.C. Fences and WaIN arc not pcj'.!BiLl~_d_ ~v_i!b_[,_l Il_Lc 3.0.7.2 A. INSPI£CI'IONS SHAI.L BE REQUIRED FOR Al.l, Iq~,I£SI-;RVES. The preserve Iblloxx in~ schedule: I. Prior to preliminary acceptance of thc phase of thc required subdMsion j Ln_p2rgx~!B~c!~t 5; 2. Within thc associated phase of the final site dcvclogmcnkplan prior ltl tile issuance of a ccrtil'icalc of occupant_3. 3_._. As r_cslt!ircd x,,'ith g~[l_'_courscs= prior lo tile issuance 4. Eitzhtx' percent vegetative coverage, of the created preserves and supplcmcmal ['~[an__t i!lgs_' _in prcserves~ is rcqu ired within a txvt~y, cnr period followin< [h~i!!i[iO[ p[{l[~ing preserve will be COtllllcd towards this covcraac requi[c~!~e!l[. !}. _. ,SN~_N_I_J_A_I_._MA~LN_~[?~N~AN_(~L/.___Aj_n_LtuJ[!!!3_i,2[gEi!!!Eg ~13~11 l&cc req!~ir_ee0 ~2c?!-tJi!lg to Iht ?!'_C 5gr~,_'c ~ ! i_t!n, '.z._X p_ ! cJ ! t ~.:1.7..~. P, IiQUIRED SETBACKS TO PRESF~RVES. A. All principal structures shall have a minimum 25-thor setback from the boundary of ~!~reservc. Accessory structures and all other site alterations shall have a mininnnn I0 foot setback From lhe boundary of any preserve. There shall be no site altckqtions within the first 10 feet adjacent to any preserve unless it cml be demonstrated that it will not adversely impact tile intem'itv oFthat preserve. (i.e.. Fill may be approved to be placed within l0 feet of the upland preserve but may not be ,_approved Itl be placed withil~ 10 feet ora wetland presgr_ve, udgss it can be demonstrated that it will not negalivcbL.jn_~pact that wetland. l?,. Additional preserve buffers shall be applied to wetlands pursuant to Section 3.0.5.3.A.6. 3.9.7.4 EXEMPTIONS. A. Single family residences are subiect only to tile applicable vegetation retention standards found itl 3.9.4. B, Applications l'or development orders authorizing site irnp,'ovements, such as an SI)I' or FSI-' alld. otl a case by case basis, a PSP. that arc submitted and deemed sul'licicnl p,-iot-to .hme 19. 2003 are ,lot required to comply with thc provisions of 3.9.7, formerly 3.9.5.5.6. which were adopted on or after June lO, 2003. Sec. 3.9.&8. Vegetation ......... : protection ~,a preservation ......... ~ VEGETATION PROTECTION AND REMOVAL STANDARDS. 3.9.5. 8. I '" ......... ; .... proleclio:: VEGETATION PROTEC?70N STAND.4RDS. 3.9.5. I. General A. GENERAL. During construction, all reasonable steps necessary to prevent the destruction or damaging of vegetation shall be taken, includirg 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. 2.9.8.1.2. lrill?.g at:d co::a:r',;etla:: debrlz. 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. 3.9.8.12. A::aeh:,':ea:a. C. ATTACHMENTS. Unless otherwise authorized bY the vegetation removal pertnit, no attachmentsor wires other than those of a protqctive o,' uo,ldamaging nature shall be attached to ally vegetation during const,-uction. 2.9.8. !.4. Ex~'a;'ati'o.~ D. E,¥CA VATION. Unless otherwise aulhorized by tile vegetation removal permit, no soil is to be removed from wihin tile dripline of any vegetatio,! thal is to remain in its original location. Page 136 of 174 Words struck through are deleted, words tmdcrlined arc added ~.,.~.,.~.~' o ~ ~ ~ .,t,,~,~,,~; .... -,,,,,~,n ...... ; ......... ,,,,t o'~""c;g'~'g'~' E. PROTECTII'E BARRIER AND SIGh/AGE. I. In.wallafion ~?]'/wolec'live bc,'riers andsigm~gg. All protective barriers shall be inslallcd and mainlaincd for thc period of time beginning with Iht commcnccmcm of any phase of hind clearing or building operations and ending xxith thc complclion of that phase of Iht construction work tm thc site, unless otherwise approved to bc removed b) thc development scrv ices director's field rcprcscntalivc. A II protect irc barriers shall bc installed pursuant to thc l'rcc Protection Manual lbr Builders and l)cvclopcrs, division of Ibrcstrx, Stale of Florida or other methods approved b} thc dcvclopnlcul SCl'X icm dircclor. Siena~ shall bc placed arotllld thc preserve areas lo idcnlilX and pm[cc!.j[!g_p~5g[Eg siuna~c dcm>tine the arcs as a Preserve. Sign(s) should hole that the ~stcd area is a D[otcctcd arcs. The signs shall be no closer than ten tUet from residential properly' lines; be limited to a maximum height of lbur t~et and a maximum size of two square l~ct: and otherwise comply with Section 2.5.6. Maximtun sign spacingshall be 300 lbct. 2. .4/¥91ic'ant's r~resentative required. Tile applicant lbr a vegetation removal permit shall, at thc time of application, designate representative(s): 4)L~:Who shall be responsible lbr thc installation and thc maintcnancc of all trcc protection barriers. ~b. Who shall be responsible for snpervising tile removal of all existing vegetation pcm~iltcd to bc rcmo,,cd or allcrcd. 3:c_.l'ruleclion q/'all tu'e~ts q/vegetr~tion. Arcas to be preserved shall be protected during land alteration and consu'uction activities by placing a continuous barrier arotlnd Ibc perimeter of the area of vegetation to be preserved. This barrier shall bc I~ighl3 visible and construcled of wood stakes set a nmximum often l~ct apart, at a height range of m'o to lk)ur feet, ~l covered continuously wid~ brightly colored, al~ weather mcsh material or equal type barrier method. An equivalent merited may be substituted with lhc approval of thc development services director. &d_.Protec'tion oJ'individual trees. When the retention of single trees is required by this Code, a protective barrier, similar to that requi.'ed in [section] 3.9.5.1.5.3, shall be placed around tile tree at a distance fi'om the trunk of six feet or beyond tile driplinc, x~ hichcvcr is greater, or as otherwise approw:d by the development services director's field representative. 3.9.& 8__:2. C;'i;cri"d fbr Rc'm',;:'c;l of Pr',;:'cc", cd !'egelv,:i~w~. CRITERIA FOR RE310 I"A L A ND/OR R£PLA('EMENTOF PROTECTED I"EGETA TION. A. STANDARDS. The development services director may approve an application for vegetation removal permit based on tke fa!!ewing criterim-, 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 tile acstl~tic appearance of thc dcvelot/~cnt by thc incorl?ration of existing vegetation in tile design proccss. Relocation or rcplaccmcnl of vcgctation may be rcquircd as a condition to tile issuance of an aNm)val in accordance with Iht criteria set forth in this division. In addition, a vegetation removal permit may be issued t, ndcr tile following conditions: 3.9.5.2. I. Protected vegetation is a safety hazard to pedestrian or vehicular traffic, pnblic 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. ~. Compliance with other codes and/or ordinances may involve protected vegetation removal. ................... z ........... = ........ r'-r .... " ....... ye exist:rig vegetation and to otherwise enhance ~orporation~,~c ~. :0,;,..,0,,,,~ ............. ,~,,,,,~,,:~" in *~-~,,,,--o,w,a~": .... process. Reloca0on o:' :'epl~~f ...... ~ required ...... ~etation .... 2 Page 137 o1'174 Words s,tr-u~kqh~mgh are deleted, words underlined arc added nonmflivc vc~clalion shall bc wilh m~livc vc~clafionofcomparable calil~: and m~ea and shall be sub, cci to fl~c approval of fi~c development services direclor or his/her designee. the e~.ettt that comparable caliper or diameter' at breast-heighl (dbh} vegetation-is available; smatle~ dbh t~:ees that total the requisite catipel, may be snbstituled, tinder ci~:cumstances-~it[ a-lree-o~ub-~sahaa4he-mmimun~size*equi~ment be accept~t. ( ~ ~e~,fions w~ll ~ gmnted-~'mnova t or,mn n mive~eget a[i~aMisted m sections 2~4.0 {h~mgb- g M.4.1 I. ]]~e-mp~c~ment-,~dvemenv~m{hi~-vegetafio~ shal geplaccmcnt vegetation shall comply wilh thc standards of Section 2.4.4 and shall include thc IBllowing mininmm sizes: on¢ gal!{2n grotmd cover; seven (7) gallon shrnbs; tburtccn C[~Coot h~ trees with seven flint crown ~read and dbh (dimneter at breast heighD_of three inches. Replacement native vegetation shall be planted wilhin 14 calendar days of rcmowd. .3.9.5.2.;z. 6_:. On a parcel of land zoned residential single-family (P, SF), village .'esid.cntial /VP,), estates (E) or other nonagricultural, nonconlmercial zoning district in Milch siuglc~ l~tmily lots ha~c bccn subdivided t~)]' singlofiunily usc only, a vegetation rcmowll permit ma) be issued fi)r any permitted accessory usc lo that zoning. ~.9.5._T..g. 7~. The proposed mangrove alteration has a Florida depart]nent of environmmtal p['otcction permit or meets thc permitting standards in Florida Administralivc Code I1 321.030. 17-321.050, 17-321.100, 17-321.801, 17-321.802, or 17-321.803 as may bc amended, i lowcvc]'~ mallarovc removal oF trimmin~sJ!alLb&prohibitcd in all prcservesor areas used to fulfill the native v¢~atioll preservation [2~ui['cmcnts. .~.9.5._2.O: 8~ I~,emoval of vegetation for approved mitigation bank sites (as defined by the Florida Admiuistrativc Code); state or t'cderally endorsed environmental preservation, enhancement or restoration projects; or State of Florida, division of forestry approved fire breaks shall be permitted. Vegetation removal permits issued ti]ldcr these crileria arc valid Ibr thc period of the time authorized by such agency permits. I'EGE'L4 TION RELO£'AITON 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 planning services directa~ 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 i~formalion as required by the planning services director. C. LA,¥DSCAPE PLANT REMOI':4L OR REPLACEMENT. The removal or replacement of approved landscaping shall be done in accordance with the regulations that guide the landscape plans reviews andBpprovals in I)ivision 2.4. A ve~zetation removal permit will not be issued lk)[' tl~c rcmowd or replacement of landscape plants. That a_12proval must be obtained Ih['t~t~g!!.~!'~ ~_[[~_!~B~!!~cnkproccss It) the landscape plan or as otherwise authorized b5 12crB!i! bhL!]!e ('_ql!i~r Cotmtv I,andscapc Architect. 3.9.5.3.8.3. MANAGEMENT PLAN AND INSPECTIONS. A__~. 31anagcmctT: F!.;: :'cqzdrod MAN.4GEMENT PLAN REQUIRED. For all individual areas of mangrove trees and areas of preserved plant communities larger than onMmlf acre in area, the owner shall submit, for the approval of the development services director, a narrative management plan indicating the manncr in which the owner will preserve thc native phmt communities. The narrative shall include: 3 ....... I. Whether or not the existing vegetation is to be preserved in the existing species composition. ........ 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-x.g-.g~.3.The maintenance schedule for the removal of invasive species. ........ 4. The maintenance schedule for the removal of debris. ........ 5.Other information that may be required by the t!eve!opment planning services director that is reasonable and necessary to deterrnine it' the management plan meets the requirements of this Code. ~ /~ .... ;'" ; .......... ; .... B. ON-SITE INSPECTION. The deve!op:ne, nt plannine services director's field representative may conduct an on-site inspection to determine if' lhe proposed Page 138 of 174 Words st:'uckqh~ough are deleted, words underlined are added vegetation removal meets the criteria in section 3.9.5.2 and conlbrms to the preservation standards set forth in section 3.9.8.5 below. 3.%5. S=ih~sefvatv, m- ~tandards: -. o q: I Ail-development-not sp'''';r''''m'' exempted b)~ dds4mJinm~ce shaP,4nc¢:'po:'ate ara ndnimum4he presep, at-ion.standatqs.c~mtait~edwithin-this-secfion. 3.9.5 ".2 All ne;v. ............. ~.1.~11 .... ; .... [o.tl ....... 1"~ vegetation *" · .................. possible; especial!) ;;heFe-cab34aative vegetada:~ exits wifldn :-eqtfi~-buf!~:'-~s. Whot 15rolected~pe~i~..a~e.idenii~i~ite;l)l~riiy~halt~c~giv~to pmset:vin~he~ habitats first; as a areas): ~here-4he 4'~lUi~-minimumq:~ain~ vege~afitm-pe~m~l~ bevy met-pursuant-to s~tionwa:9:5~:~-m~d-~g:~:4-addi~q~at~g~ ~-sh alb4¢~ ~ain~t4mless necessary grade ehanges,-~lUi~4nfi:astn~c4ur~-stormwater-'management-sYStem'-design °r-al}pr°veal construction Do~pt:ints neeessita~4t~:em{~aL4:heq~eed-to remove-addition~existing-native trees ~fircd t0 ~navM, exists viaL!e native trees shall~ ........... .~,,ov,~,,~,~,4 [nt~m~dseap~g ........ I~r ' o is .... r'~a~:l-I" or app:'opr~ate. ~etained ~le~tl~e a~ant can dem~strate that ti .... v,~,mn. ........... ~f veg~on s~bbe preserved h~ th~.em~~/~nde:'story, a~4g~.~s t~ntact and-~uv~cept~r pro~ ex.lc species ..... ~ ~am ma~! an~~~m~ance. -, o -~ - - Albnew4-esidemial oF mixed use ...... v,wems-gveatel:-that, twM/2 managemem at:ed as-defia~ in4h~t.gg~ifion o~t~-futu~elat~tse-etmnem~ffl~4mtHy growtt~tat~gememplan~nd-great~han 2~cres 4a th~ml~aa i~he~nm,al-~an~qu~n~mt~mn (6.4.6} ~he~doptien N.ote~ok ogtl~gg0-editimt ~)1' tl~e f~and use el~t ,of t~nty growth management plaMha!! retain 25 percenb~e ~vcr empaao~zu,s the largest ..... ; .... possible, u~ ..... p ......... a species ..... ~te, .... ~h~u ~.~ g~n '~ preserving '~ .... habits n~=*ras a part .c. ........ ~.~4 native ~tm~requiremen~sce section 3.1 I.~ f.cr the management ~lhes~s~t~: several e~mnpl~ogaH-~0~wig~ble. A:'ea~¢l~dsealha~a"~a spac~wm~amed wifl~ .aOve species-~ll be includ~in the 25 percent requiremen~onsi~ng ca{topy underslory and gm~d cover, prying that in such areas ofcre~t, ground cover co~.o more than~ percent of the landscaped area. Where a project has included open space, recreatiana! amenities or po!ia) ........................ requ:re a ~ ....... percemage of open space '~'. percent native vegetation p0Hcy. T!ds policy shall not be h:terpreted to allow development which ca:met reastmably accommodate both the preservation area and the p:'cposed act~. ~F~ative preserva~n req~veme~am not ac~umodated, fi~-land~plal~l-re crea~ a nati~planveommutd[~h~l~hree s~aj~ml~move~hru~a~t~eMrutili~inglaFger plant maierials so as Ia morequiekly i~reatethe-k~st-matt re-vegetation: 8uel! r~vegelaiion shall al}ply ofsect~{m~ 4 4 el th s Code and m~lutte a t ua H ty el plantings amount ofrequiredpre~Fved native vegetation thai-was removed: ;Fha tbtlowing miltilnunl si~es c. own spread '~,4 a .~h ('(ion ....... ~ .....i.~;ght) o~hree :.~k~ ~ .... : .... ~y ~' ........ ~ parcel, void ,.c.~,; ...... g~,o.;~, ,.ho~ k~ exempt r .... .~.;o requirement. 3 9 5 5 4 n n ^.. ......... *' ..... ,4 .... I~p ........ including .............................. ,or ' nn'l 3) in,4 ..... 1~1~4 ..... 1 ........ knl, k~ required to preserve an appropriate portion of the nath'e ;'sgetation on the sits as determined through the count)' development review t. ....... v. ....... . ......................... prior:fy ~ ........ give:: '~ pre .....:.g .i ....k~k; .... C, ..... a p~"* ~c,h ..... 1~,4 -~*:.,~ :,sbatation requirement (see ,4 .... I^p ...... t ~,,~ .... , ~ a Rlini-IllUm ^¢* ......... . ~e,, .... ,:.,~ vegetation ....... .,~; .... ,, o ...... undel'stcry.,..°",4 ground cover, p~. ~, ........ ,,~.. ~ .~,~'~'~m~p,,,~,,,' five acres or as'safer, a ,,,.,,,.,,.,,,"';": ......... ~,c ,~c percent cover .......................... tORt uOaS h~k;*~*o communities ~-:¢+ ^" ':*~ .k~ 4 .... ~ ..... · plans ...................... v ................... v..~ preserve examples of ..... !~.4..k^,,!4 ..... !~.4¢ ~, ........ : ..... more .......... poS!chef the site requh'ed to preserved, Exceptions, k~j ......... ....~,,. ~.e .,.,.,'~ ;.:g.,:^...,~., in ..,~'k~ .~.,.,c ..... of iaereased4andseape :'equivemems, shall be granted e.~, ....... t.., ~,o! .... ..,,,~,.~. :~!- ca:mo, rsasonably-a,z4z4atmu- 'odate4~a, th4t',e-p~:eseP,'atiot} area.md thepropose4aetivitff. Where rtatiYepteset:vation-P-atuirements are-not-aeeonmmdated,4he I lamtseape-plan shall rs create a nat!va p,am co:nmunity-it~all4hme-stmta (gmund-c4~v,e~¥shmbs ~,4 trees), "*;!" :"" ! ....... ' ......... :~! ....... mo:'e quick!3 ......... ,I.~ !ost-4-aattme vegetation. Sud~ re vegetat[ml shah apply the standards of sect[on 2.4.4. 'of this C.-~te,-and include Page 139 ofl74 Words struck through are deleted, words underlined are added a~.mnti~' of plantings :namhing the-amount of mmoved:Z~e tbll~n~ mimmun~iz~-sl~lFapply: On~allm~rom~ core. Ye galkm~h~ 44 ~..,~V~tv' ......... .... s ~ ..... ;,h a seve:~t cr~ spr~d .... .... * a~ (di~ breast height) o~l~ee ind~es.-Previously-cleared parcels~oid oJ:nmiw~e~etatiom-slmll 1~ exenlpt fi:Om Ibis reqtiivement- ?W4-3.5.5. Bona fide agrkult'a:'a! uses shall be exempt Pa~n the above presePeatio:~ requh'eme::ps prey id~hat a:w new clearing ~*' !a~r suc4t-ag: :cu~h., uses sh~l .... be c~ted to aonag:'i~l deve!opm~g e~. aMeas; ten years. Fey the pu~ose 6d~-u~t~buses ,4..,~,,,~ d~e !b!!owh:g: crop ra~ing; ~h'y c, nut prodtmtion;,~,.o.,: ,~x ......... groves; ,,.,, o., ,~o,;=~' ranching; w-,-:~ ........ ..,,~a -so ..... production; ,~ o.~.,.~' raisin; ~ agriculture r~,. native spec:es -~m ~ored with native vegetation to the degree required ~~e at the tire.he c!ea~ ~euF~d~ The e~m~mm~ly4eveloN~mt~.~i~m~m[services desigl~ay~,an[-~Fi~en.~emptiet~~prese~atiotH~lUi~nems on a~ieultgFa~y ~ned property for essential public services (~v~:' ~. .......................................................... ~ .......public to ....... a in-all or part ~,, ~,,. ..... .,..,~-~ requirements r~,~, preservation ~,~r ~ ;~.:.~,..,,,~ .... .,.., ..*;,,~ vegetation. J l.l.,-,;,q ..... ; .... M~,;,,~ vegetation '~' is required '~ ~-~ preserved pL:rsuaqt to ,2. o < ¢ oK,~ll set aside in a P:'eserve= ,*:'eas~set aside-as preserves-shaH be !'abe!ed-as "Prese:';'e' on 'al! site .................................................................. preserve shah be: a.twenly i-cat - , ..... *~" acres, ..... lot property !ess '~ ....,~.. b,an average of thirty *~' ]n ..,;4,~. ~. ...... ~ .... ~. ...........r~, in .,,;4,k, c.. ......... equal to ten acres and4ess4ha~-twenty acres-. c.all average ...... .,, at~d greater. C'ru~zwd-/a~e~erv~':;. Where c:'ea{ed p:'eSeFVeS are ap~41~lat~a~.-~an-shalh~ native pla n ~.c~mtu nil~in~c~ot~atJce w itbiJte vegelatioi~i~and The spacin~he plants ~,,.,,-I'"u I.. ..... .. ,..,......,C'dl ....... twenty (I ........... ;, ..... 4 ~.....~, k~. .... ;.,.;,.~4 .o-~ landscaping. ~;,.;,.,,,,,,,,.,,, .'11, ay a. l~-used lo recreate'.' i. not more than one acre of the requked preserves if the pro~rty has !ess than4:;'enty acres of existing ..... ; ............ *;~ required preserves :¢*~'~ property ,,.. squa! to or ,~.~ ..... preserves :e,u ...... ,..., k ....... ' '^ or greater vegetation .............. : ........... k... ~.. ~.~.~=.4 ............... 4 .ko. comply with all preserve setbacks. i. ',;'hen a .....or ....... permit ..., .......................................... .... ,~4 ...................... r,,i¢,ll .ii ..... ., ~r,i ....';"~ ;'e"e*a*;onre~u;:'em~''' r~ ................ Tk; ...... ,; ......... ~'~e, .~":'an'e4, re.armess~ ~, ..t- ,i.~ ~; ...... t- 11.~F "'.it' ii. ,,4. ..... ":"~"'~'~ areas r^r~... ,k.. ,z .... ;,..;.~z ~r..,; ...... g"'~*;~" exist on Page 140 ofl74 Words struck through are deleted, words underlined are added acre or4e.';s, prege:'ves ma:,' be planted with-all three ~l:'am~-tsh:g lhe cfimv~s~ib~h site o~: c.)nfiguous ~)~ ~vv~ adjaeen~ prot~t les,- q:his ~eet~km may be g~:amed, regardless oRh~i~e t)~4he prq~ek ,v ' ..... ; .... c-ararat ~',* relocated. To-~3mply-vd~b~Miga{o~' iiiAkqteu-an accesspmnt '" a v, %, ..... healfl~ and sal~y-n~ndate~sue4~ as-r~d~dignme~t.~ r~luh:ed ~: the ~tat~[~rves may be hnpac~ed and cremed elsewhere ,m si~e. 4_ Retl. ired .¥u,q4twde~ ~o /'rt-v,e~c,';. All-t~,i;wiF~d ~et~ck fi~n~lhebotmda~ preser~--Ac~es~stmutm~s m~d-alt .otheF~i~e alterations shall have-~-minmmm--l~ ~6etb~k4~thebou.t~ary~an~pr~et:ve~ q:he~:e-shatt be no ttlatd~l[no~dv~ely h npac4 4 h~im%~tab~erv~i~=lql-N na~ placed-withitvt0 tbe[-oMhe upland pt~e~ve burqnaymot-b~app~ed to 1~ placed within t0 t~q of a wetland preserver unless it-can be-&monslF~4that 4~ will not negatively impjict that ~etlantt~ } maintenance pta~-.~al~qui~ tltat ~atego~b*--t-e~otic~b~-rem~ed-l~om-alt-p~se~es, :Fhe exotics withirrlhe tirs~4~i~el-,fl:4h~oute~:-edge of eve~pr~:v,~shall-bephysically-removed; or-the tree--eu~ down 4o grad~-andqh~ ~unq~-4reated~ilh Agency-approved heJ~icide-an~a visuaMrace dye applied.-- -t~otic~-~thi~t the interk~:-ottlhe cattse tttore ~ttta~eto fl~e-nati~ v~etation ittqhe preserve:--Wh~¥prohibi~d ~tie~e~etation is ¢emov~buv-th~base t~ thc vegetali~-~atai~a~ql~se-shalb-~-t:'eated with-at¥ [~avir, mmema~:oteetba Agency~t~ ho'bieid~ a visuaMracer dy~shal[ be applied: ~oti~ ~ifidn-~nt~r o ~h~~m~-b~edq~be t~ai~-4~p[~ f- iv-is ~ermined-flmt ph)sieabremoval :n~h~mtse mo:'e damag~o-qh~ative preserve~ --Whe~pmhibit~ extaic=-vegetatitm is 4'emoved;--bul-fl~e- base-ot: the- vegetation reHtait~s; the base-shallq}e treated-with an Il.8:-- t~nviromnental Proleutioli-Agency approved herb~ide an~ visual-t~df~hal[ be a~-A 4~m~,ee~~,~lemented on ~&s~H--describe specific tech:~es to p:'eveaVreinvasion by prohibited exotic vegemfiea~f fit~ite~-t~r~tuhy.~The pla~M~l be ~ved prie~o 6: E. ve:;¥::i~;:::,'. Applic-atim~s for development o:'ders aghorizing site hnpvovemmtts, 8DP o:' FSP ansktm a case byqz-ase basis-a--PgiMhat~are suba~ted-an4deemed-suR:ieient1~:ior to-June-l-6, 2003-are not-eequired to c~omply :vhh the ne-w-ee¢fiations ia-seetbn-3~3:5,6. 3.9.9. REQUIREMENT FOR REMOVAL OF PROHIBITED EXOTIC VEGETATION 3.9.9. I. GI:.N EIb. Al. 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 fi'om tile Ibllowing Iocalions~ and within the tbllowintz timeframes: I. From all rights-of-way, common area tracts not proposed for development, and easements prior to preliminary acceptance of 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 ora certificate of occupancy for the first permitted structure associated with the golf course facility. 4. From property proposing any enlargement of existing int~.rior 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 a period of 90 consecutive days or more, property owners shall, prior to subsequent use of such land or ~vater or structure, conform to tile regulations specified by lhis seclion. Page 141 ofl74 Words struck througl: are deleted, words underlined are added E. Verification of prohibited exotic ve~,etation removal shall be pe,'formed bv the t!?,zgl(~p2B!c~!l_ s~r_x i_gg5 c_tirccto,~"5 l_]c_lc_[A'g'presenlativc. I:. I Icrbicides utilized in the removal of prohibited exotic vc<gtalion shall have bccn Ih~k ironmcntld Protection Aggncy tM>proved herbicide and a visual tracer dye shall bo aeplicd. 3.9.9.2. F. XOTIC VEGETATION MAINI'ENANCE PLAN A maintenance plan shall be 5_t!hg~it_tcd B.~_ !h~_cJc~qtlpn~cnt services director fo,' review on sites which rcq~irgp~p~ljhj!gd gSp~ shall describe specific techniques !~prevent rcinvasion [)y prohibited exotic vegctalionofthe site in perpetuity. This mainlenance plan shall be implemented on a yearly basis at a minimum. Issuance of the local development order shnll be continectg ~¢on al~rowfl of the maintenance plan. Noncompliance with this plan shall conslitute violntim of lhis division. 'l'hc dcvcloN!!g~!! ~rXic¢~_s~,~'c.tgr'~ fi~kt ~rcscnlalivc shall insEect sins periodically_ aiicf_issui[[!gg S~(tl!g ccrtil~calc of occtlp011cy,_or o[lNr l~llal acceptaoce=lk¥ comp!ii!!!cc wilh !!!is.[)ir~p~!. 3.9.9.3. AI'PI.ICABII.ITY TO NEW STRUCTtJRt'~S AN[)'1'O AI)DITIONS ON SIN(il.l(- t-'AIMII.Y AND TWO-FAMII.Y I.OTS. In addition to thc other requirements oFthis Division,~_th~c ~pplicant shall be required lo remove all prohibited exotic veaetation belbre a certificate oF occupancy is granted on any new ~inc~>al or accosso~ structure alld any additions to the square Ibotage o1' thc ~kl~al or accessory structures on sin<l~l~milv or tw~thmilv lots. Tho removal of p~S~l!jb~gtl ~SElig vc~Nfion 2hall be rcq~rcdS!l pct~q!.U}~=tlpon issuance ol'a vcgetation rcm(val ~3Bikprohibitcd exotic vegetation may be removed Ii'om Iols which are zoned rcsidcnlial sinule l}~mi!ZCg~ EState?kill. vitae residential [~B), an~Bmbilc home (M!:!~prio,' to issuance el' a buildinu permit. 3.9.10. REQUIRED PERMITS AND NOTICES o. 9.10.1. VEGEI'ATION RI:~MOVA[. PERMIT A. OTHER t'ERMITS RE()UIRED. No vegetation removal perrnit or final development order authorizin~ site clearin,2 or site improvements shall be issued by the E!onning services d~'CC!pl' tll![[[i~l} !!pplicablc lbdcral and slate, and CountS_~pprovals as dcsi~Nd~.!hg ~nning services director have been obtained. These approvals may include, but are nol limited lo: 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 Enuineers 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 planning services director in writing on a form provided by the planning services department. The application shall include the following information: I. A generalized vegetation inventory_ which includes: a. Generalized vegetation inventor3, superi~nposed 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_tyEe_s and protected vegetation, and may be accompanied by photographs or videotapes illnstrating typical areas of vegetation referenced to positions on the aerial or survey. The generalized vegetation inventory shall be prepared in some manner which clearly Page 142 of 174 Words slr'ack througl~ are deleted, words underlined are added illustrates the relationships between tile areas of vegetation and the proposed site isn provements. b. £;enc'ralized written assessntcn! and evulmtlion. Thc generalized vcggtalion inventory shall be accompan~_~_~bric(wril[~! ~Sscas~!~!Lp[[h~EI~!LK~BB~!~[~s preservation. The inventory assexsmcnt and evaluation shall l~c P[gt]i![gs[~ lbrcstcr, biolo~ c~g[~ist horticulmds~land)~a~ architect, or certified I1 Ul'Sel'ynlall. c. Reasonable additional infi)rnlation. The development services director may r~_q_t!ire that tile application include such additional inlBrnlation which is reasonable ~_![Ld 12~c_'ESs~t!'52. l'&)l. Lad~c. cjuatc adminislratiol~ of this l)ivision. 2. A site plan Milch includes: a. Property dinlcnsions. b. Ix)cation of exisling i]ffraslrtlclurc and alterations. l.ocation of proposed structures, infrastructure and alterations. d. The location and species of all protected vegetation, l.argc stands of a single sl2ec__je_5~_.suchs_Ls_O,~l~_!:cs~s hcad~_maz bc indicated as a gr(2tJp with an aplwoxinlatc number or area. e. Designation of all protected vegetation proposed for removal. f. Location and details of protective barricadin~ of the vegetation to be retained. l)cscription of any proposed alteralion of mangroves. Il. Description of any proposed maintenance trimmine, of nlangrovcs. 3. All 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 renloved from vegetation to be preserved and method of removal. It should be noted that tile 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. Review procedures. C. REVIEW PROCEDURES. ...... I Issuance of permit. Based on the intbrmation contained in the application and obtained from the on-site inspection, the development services director, and for :nangr~ve .... res.sa ............ may approve or deny an application. An approved vegetation removal permit is valid for a period not to exceed 180 daysexcept 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 FloridadDepart,nent ore_Environmental p_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 and c~ mangrove ~ ..... :~- permits" .......... ...... ,, manager or ~':" a~o; ...... 'File development services director.,,~--a r....~, ma:]gro;'e .,.~,..,~,,"~' .... ,; ........ v~, ,,,,,o;°° d.~.,,, cot:nty manager or ,,,~";" ~o,=,,,*-a~°; ...... may attach conditions to the pernlit relative to thc nlclhods of designaling and protecting vegetation nol proposed for removal, A violation of these condilions shall constitute cause to void the vegetation removal permit. Page 143 of 174 Words slr'ack iht-ouSt are deleted, words underlined arc added 3.9.6.2. Denial oJ'permir In the event an application is denied by thc development services director, the reason(s) shall be noted on the application and returned promptly. 3.9.6.3. Permit/['es. All vegetation removal and agricultural clearing permit applications requiring review and approval shall bc charged a review I~e uMess-s~fieal, l~e~empted by dtedevelopment-~Fvices dit:t~toFpursuant to4hi?G~erq]te boal:d4)t:eotu~y comn}issioue~shal~stablish~nd mh)pl;-b~esoh~tiot~; a--sd~edule of t~es -thy ve~tation removal:reviewand appmvaFpem~its: Thesd~edule o~t~es and the resolution establishing such tL~es shall be on tile wid~ the clerk tothe [~m[d:-q]~esd~edute of l~es map be changed [J5 ~St;Dl2!~shctJ by resolution oFthc bl_}oard oJ'~Otllll3 ~OIIlIIlissionoFs. g .... ~ .... as D. VI~GI:TFATION REMOVAL PERMIT I!XCEPTIONS 34.0.6.4. !. A .......... ; ............. t r.~ is ....required "- :'enm;'e "'~ r..u .... ;,.g p,-..ha.;,.,~ exotic ~;-, ~ ..........~ ..... ~nHm~vclo~j~m~:'ty a~e~emtion~al pe:'mit4ms b~n issue& (4) ........ tian pine ..............spp.). (~g) .....Mela leuea4M el atetm-a-s'pp~. {3) ..... Brazilian l)el, peF LSchim,s tet:ebimhitblius). f4) ...... 4~adea Facac ia (Acaeia~m:ic-ulitbm:fi s}: (-5) Cate!ay. mimosa (Mimosa pigra)-. {7) Do:;'::2,' rosemyrtle (Dt~a .... :, ....................... ~ (9) Climbing Ikrn (Lygcdi.a:n spp.). ~ I0) Air pctalo ~p,;~,~, ........ ~., bu!bilbra). 34~.6--A-~.-. 1. Except tbr lots on undeveloped coastal barrier islands, and any project proposing lo alter mangrove trees, a vegetation removal permil for clearing one acre of less o1' land is not rcqt, ired for the removal of protected vegetation, other than a specimen Ircc on a parcel of land zoned residential, single-fiunily (RSF), village resideutial (VR), ~iculture (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-lhmily use only. where the following conditions have been inet: (4-) a~. A building permit has been issued for the permitted principal structure (thc building permit serves as lhe 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. -. o ,-. ,t -~ a vegetation ........ ~ per:nit is .... required c..,. a ............. ~ oF vegetatiomothev4han-a s,~eci:nenv · ......- ~- r -.,rrom4wone:':v zoned ..... ;""' ...... z a ~ ,,,~ ...... the Ib!!owin=~ ....... ';'; ...... have ~ ...... }net-: ~ 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..=. A vegetation removal permit is not required 1'o,' tile removal of protcctcd vegetation edge:' ti:mn a s[~-mhueh,-sa-ee fi'om the prope,'ty ol'a Florida liccnmd u'cc Farm/nursery, where such vegetation is iutendcd for sale in thc ordinary course of thc liceusce's business and was phmted for the described purpose. Page 144 of 174 Words str-ucllqhrough arc dclclcd, words underlined arc added 3:0:6¢,:6..4. A vcgclation removal pcrmil is not required for thc removal of protected xcgctation other fl~an a specimen Ircc b)' a Floridu licensed lund stlrvcyof ill thc pcrtBrmancc of his/her duties, provided such removal is IBr individual trees within u s~atch 5xx'ath lhat is less than three l~cl iu width. 3, 9,6.4,J, Mangrove~,.~,.,,~,, ~' ...... ; ...... ~,, ..j..,o; ..... ,,,.,~--* .,. .... exempted ~;,, ~,,, ..... En-viron:nentaI.Protec4km-pemp;H'equire:ne:~ts by-P, erida-Administ:'ativeCode-l:7-3g-4.060 are e~empt 4~om-pmse~va~ion~standa~ ~ ~ he+m-m =m<,~.ve t~re es. 34¢;6.4~g:. ~he4-'oIlie:' Courtly plamfing commissi{m may~gram-a -vwchnee-to4he3m~visions of this section if-eomplianee-with fl~e mangrove tre~preserva~ion-standards oltlhis division would impose a-unique and unnee~sary havdship on the{~er o~ an~olhev l)et:~)~vin ~ontrot t)f at;l~,e~d pt~l)e~ty~ei~e 1' shall be suelM~ m:dstfip~uliat~41~all~ct ~ variance-wil[-be~onsis~~e in{m~t~i:thMi~sie~nd-theg~'owth mm~agement plan. ~.9~.4.9.5_: A vegetation removal permil is not required for tile removal or protected vegetation prior to building permit issuance if the cofiditions set forth in section 3.2.8.3.6 ha,.,c hccn met. 6. A vegetation removal permit is not required tut the hand rem)val of Prohibited Exotic Vegetation. Mechanical clearine, of Prohibited Exotic Vegetation shall require a vegetation removal permit. Mechanical clearing is defined as clearin~tJu~!k?52uJd imE~Et ~F ~li~ttFb_!!~c s~i[.o~ 5ub-sgi[ h~yers or disturb II~c root systems of ~i2p~ b~l~!~%![!~.g[o~p3c~. 3.9.6.5. I 0.~2 Agricu!tura!,,.,~t ..... 3 ~,~,,"~ .... ,a=.;, ,-,- AGRICULTURAL LAND CLEARING. A. I.AND CLEARING PERMIT. A permit tbr clearing of agriculturally zoned land for bona fide agricultural uses that do not tall within the scope of sections 163.3162(4) 03' 823, 14(6),_Florida Statues. as defined by' this code;, shall be requi,'ed for all agricultural operations cxccpl as exempted by seetio~t 3.0.6~&(~off-hisC~,de 6 below. 3.9.6.5. I.Application. All application lbr an agricultural clearing permit shall be submitted ill the form established by the deve!ap:nem planning 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 forest,-y, prival2 or iudustrial) as pa,'t of tile application. An application fee in au amount Io 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: (I) a__=if an ST or ACSC-ST overlay is attached to tile zoning of the p,'operty, an ST development peru)it has been issued by tlle'develcpn:e:~t plannin~g services director. The ST or ACSC-ST permit review shall be in accordance ~vith Collier CoUllly l.lmd I)cvclopmcnt Code I)ivision 2.2, scclion 2.2.24 illld ini,y bc simultaneously reviewed with tile agricultural clearing permit applicalion. (-2) b_= Thc application, including generalized vegetation inventory and dcaring plan as outlined in sections 3.9.4.2. I, .3.9.4.2.2 and 3.9.~.2.3, 3.9.10. I.B. I and silo visit (it' required) confirm that the proposed use is consistent with the requirement of the zoning district as a bona fide agricultural use and the applicant hes 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. (-49 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. 0-5-) 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. (4-) 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 Laud Development Code division 3. I I. This data will be required only when the county's on-site inspection indicates that there are potential 03' actual impacls to wetlands and to protected federally and state listed wildlife habitat. Page 145 of 174 Words st~ ',,~4hrough are dclelcd, words _t!_ntJ~erD3gtJ arc added (-7-) g: The property owner, or authorized agent, has filed an executed agreement with the development planning services director, stating that within two years fromthe date on which the agricultural clearing permit is approved by the development services director, the owner/agent xvill put Iht property into a bona fide agricultural usc and pursue such activity in a manner conducive to the succcsst'ul harvcsting or' itscxpccled 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 teayear period required b5 ......o,~,~,,;~" ~ '~.°~ .~.~r' <~x 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. (-g) h_. The property owner, or authorized agent, has filed an executed agreement with the '~ ....~ ...... planning services director stating that the owner/agent is aware that the Collier County bBoard ofeCounty eCommissioners will not rezone the property described in the agricultural clearing permit for a perio, t of ten years fi'om the date of approval of the agricultural clearing permit by thedeve!opn:ent plannin'g 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. .9.11.2. Determination of co~npleteness. a. After receipt of an application for an agricultural clearing permit, the development planning 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: b_. Where the applicant submitN as part of the application for an agricultural clearing permi[ a copy of the completed application fora SFWMD consumptive use permit or exemption, for a SFWMD surface water management permit orexemption, or fo~ 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 furthereCounty review and providing that all other deficiencies in the application have been addressed. 2.9.6.5.3. Criteria for review of application. Review of the application for an agricultural clearing permit shall commence upon issuance cf the determination of completeness or modified determination of completeness and ,4,~u ~.~ completed ,,4,k;, ,,~,,,n ...... ,,,~ ~,~ ~,,~ a .... ~, c iss~nce ,~ *~ *~-~ ,,,~ applicant ~, ~r~, .~t~nat~n- o, comp~tenes~e~c~p~t addit~ata and of in~nna~i~u ired ~address eaviro~mentat impaet~Where such addJtJona~ata and or information Js required, sm~l~ave te:~t~iness days ...... ~,,~:~,,. '. .... c o~:~ additional ~"* ...... ~ oF~rnlalm ~mplete review ~c,h~ -er ..... t~~v from [he applicant. The followin~ criteria shall be utilized by staff in reviewing an application for issuance of an a~ricu]tural clearing permit: issued to the app![cant. ~..a_. An on-site inspection has been made by staff, if indicated. ~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 theeCounty to address environmental impacts shall be submitted bythe applicant upon ....,,, :,,,~,, ............, ~,~,~, ~,,~"' o,~rr c,,ok request .k~ll k ......................... ; ............................ v, requested. Such ,,,l,hl~ ,i,~ on ~ ....... ~ ....... ~ .... ~ :, ~:~., ~ a ~ < ~ 0~ .... or the application the county [n writ[ag for an 2.9.6.5.q. Issuance of permit. After an application for an agricultural cleari~ permit has been reviewed in accordance w~th ........ ~ ~ ~ < 3 above, the development planning Page 146 of 174 Words struck through are deleted, words underlined are added services director or Iris designee shall grant the permit, grant with conditions or deny the permit, in writing: v,-ithm~teu--btvsi~ess ',Ja~-s-of-~eceiv4ng a~n~Ided applieafi~t~)~an ag~cu~l~t'ing pe:-m~puv~Ms~t~mran-ap~atio,-~r an ag~:ieult{~l cleaving l~t:t~it shall m~Vl~-~ompleteunOl att applieable cot~ditions specified in section 3.0.6:5: t-are addressed anti,trothed tt~the apl)liuatiom including applicable t~rtn ifs or exemptions ti'on} Ihe SI;WMD o~AC(ltL Where thc agricultm'al clearing t,crmil is denied, thc loiter shall stutc thc I'C;ISOII[S) iBI' said denial. 2.9.6.5:5. Rcncu'ul q/'agricuhurul clearing pcrmir An approved agricultural clearing permit is valid lbr five years and may bc automatically rencxvcd lBr fiveyear periods providing thal a notification in writing is tBrwarded to the~Iopme:~t planning services director at least 30 but no more than 180 days prior to the cxpil'aion oFthe existing permit ' and providing that the property has been actively engaged in a bona fide agricaltural activil3 i~cordaa~fl~4he requ~ments of sect~n ~.9.6.5~. I o~Ms--C~e. Such notilication shall state lhat thc applicant is in complhnce with any and all conditions and'or stipuh~tions of thc permit. A violation of permit conditions shall Ibcl cause to void thc agricultural clearing permit. Applicants fitiling to provide notil]calion as specified herein shall bc required to submit a new application lBr an agricultural clem'lng permit. ?~¢-.6.5.6. E.vc'mplions [j~2r agricullurol c'[ew'i;tg permil. La= An agricultural clearing permit is not required for operations having oblaincd a permit [llldCI-()rclinancc No. 7(>42 and which Call dcnlonslralc tJlil an approved bona tide agricultural activity was in existence within t~vo years of thc permit issuance date, or iBr operations which Call demonstrate that a bona fide agricultural activity was in existence belbrc the effective date of Ordinance No. 7&42. Such demonstrations Ibr cxcmplions may include agricultural classification records from thc properly appraiser's office; dated aerial photographs; occupational license l~r agricultural operation; or other inl~rmation which positively establishes thc commenCmcnt date and thc particular location of the agricultural operation. g:.b_. Upon issuance of an agricnltural clearing [permit] or as exempted above, activities necessary for the ongoing bona fide agricultural use and maintenance shall bc exempted I?om obtaining additional agricultnral clearing permits lbr that parcel providing that the intent, use and scope of said activities remain in accordance xxilh thc ongoing agricultural clearing permit or exemption. Ongoing bona lido agricultural activities that qualil3' Ibr this exemption as described in this section may include but arc not limited to clearing tBr, arotmd or in dikes, ditches, canals, reservoirs, swales, pump stations, or pens; removal of new growth, such as shrubs or trees, fi-om 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 structnres requiring a building permit shall be exempt fi'om an agricultural clearing permit but must obtain a vegetation removal permit. ~: No agricultural clearing permit shall bc required Ibr protcclcd vegetation that is dead, dying or damaged beyond saving duc to natnral causes also known as acts oFGod pmv~d[~ provided that: a:.CD The development services director is notified in wriling within t~vo business days prior to such removal and the county makes nt) objection within said two business days; I~. 2{~ The tree is not a specimen tree; ~.. 3.O.) Tire vegetation is not within an area requi'ed to be preserved as a result of a required preservation, mitigation or restoration prograrn; d:.(4) The parcel is currently engaged in bona fide agriculture, as defined by this Code. ~(5) No agricultural clearing permit shall be required for the remo,,al 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 inclnde the following infonqation: I. 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 Page 147 of 174 Words struck throtvgh arc deleted, words underlined arc added 3. the date on which land clearing is expected to be completcd~ 4. a vegetation invenlo,w identi(ying Ihe ao'eage of ex:sling hal:ye vegetation on sit_e 1¥i~2_m2 a_nx ~j!_c._cl_carjp_g:_ C!'gdils I'rqIH land_ ~}s.'a!'~d l'gr i}g!'}CHII!u'~.}} 9psvj}Lo IX i]!'Ic}' ,}mw 19,. .... '~_0()_='~ as ss'} foF!h iii ~ _c! };_, o_ 2. (,: 3'2.3._12.3 ;. '_4,a d 6. if the hind is or,ts:de the RI.SA, a signed agree,nent acknowledgina that, if the hind be:rtL' cleared lbr agricultural operations is convened to a non-agricultural uses within 25 vea,'s after the clear:no occ__urs, the property shall become subject to the requirements Sections 3.9.4 fl:rotmh 3.9.6. as provided in Section 3.9.3.1.C. ~.l-):643=---44equit:em'~ent-Ik~ :'emeval of ~roh ibited ex-otic--;,egetatiop,. Ih'ohibhed-e~otic-vegc-qation removabaud4nethods.o t' remoYat-dmll, be conducted in the-specific provisions rega~dingptx)hibited e~ot4c vegetation removal in each local 3~.-6:6.2. -P~)tec4-ion-of na',i-ve ......... ;-.- ,.,. · -s .......... acqz-oi:ding ;o "'~ appheabkN~m¥isim~HZthisdivisio shall be t:equired during prohibited exotic vegetal:ion removal. ~gt;6.6~.--- Pm{+ibited~:~xofie-vegelation-sha{{4~-o removed~ From 'all rigW~s-ef ;ray, common area tt:a~ts ::et proposed l~r ~semems pdo~o pr~imin~ac~ep~ee si:die ~a~ ofth~quh:ed su~i~si~ intpro~ment~ (2:) From-within-the assodaled-phase of4t~'MSnabshe4tevelopmem plmvpdo~to flie issuanc-e o{2a-eefq it]cate of oeeul)aney~ Fram-a!! golfc0urse c,.; ........ r0uzhs, .~4 ~4; ................ /,,,, ...... ~ .................. pr4ov-m the issuance of a certificat~of occupancy for the first permitted~m~{~ ass~iat~ ~itlHh~M~e ~eiht~; (4_.)-- -tg~)m-prope:'ty proposing4my-enla'~pgemem-ot:~eMstmgiuterio~=-flool:-spaee,-lmved pavki~ areacoF subs{anfial-site4 mproventem: .................................... 0f Occupa[ioll ~f' 1~,,,4 01 ...... *~" or s[rucH.-'Fe apedod of 90 consecutive days or more, p;'operty owners-sba!!, prior to subsequent use~,"c ~.,~,,~' land or ............................ ....~, ~, s.,.~,.,~, ~,,,~,,,,c~ ....... ,~ ,,,~"~ regulations speci.fied by-al+is sectio+~ ~ o a ~. 4 w,~.;n.~,;.. ~c~.~,.;k;,..4 .... ,; .... g~.~,i .............. ~ .~...n ~.,. performed by developmem~er-vie,.~s divect~wb fieldrepresemative: 3, cLO.O, 4A:- I ted)ic-ides-milized-ilt the removal o[-prohibited exoti~-vegelation shall have been approved-by-the t&$,-t~nv ironmenta{- Protection Agency. ~g.6:.6:4._ :-lyon -pmhibited-e.~otk-vege,a, ion4s~moved;-buHt:~-q3a~ot~ h e ;'0getation4~mains, ) the base-shall be4-Peated4vitl~an4J-:8. En¥ir, mmental4Uromc4km Agenc-y appFovedherbieideand-a ¼suat4vac-et~dye shall-be applied. ~. ..... l.;~.;,~4 ..... ; .......... ;~. ^r,l.~ o;,~ ;. ........ :,,, TS.; ..... ; ......... -; ~' ............ -..~..- e .................. .- ~.-., ..... ; ......................F.aP. sim!! i... .... I-' ..............., ..... j.,~,, compliance with this divisiom be renmved from lols4vhidl are zoned ..... c-mHat-sm~ ....... ily {RSF), esmtes-{-E-)-c-vi{-lage-,,~sidemial ~ ..... ~, pr:or to-issuance ,,r ,, building pem~i{. -- - D0signafion of spechnen tree. Page 148 of 174 Wo,'ds sm;ck tha:~ugh arc deleted, words underlined a,'e added ........................................... Co:n:nissione~'s, a ~ ..... may ~ de~ig::ated a spec imen-t~e4)eeause of i~or~ca~ig~J~t~c~, 4:he des~naHon shall-be ~oFd~d~tl~oft~ial--l:~o~s--ot:the-cderkoP4h~i~uiFc~m~_Atl recording t~es 3.9. I I. I:~N I:OI*,Ci~ M E NI' 3.9.6:81 I. I. Penalty. PENAI/FIt~S. A. FINES. 1. The failure of a property owner or any other person to obtain an approvedagrbcultuval cleaving permit as required in ~4.i~~.3 this l)ivision shall constitute a misdemeanor and each protected living, woody plant, constiluling prolcclivc vegetation, rcmoxcd in violation ol'this Code shall conslitule a separalc and distinct ofl~nse an(l tH,on conviction shall be punished by a fine not to exceed $500.00 per violalion or by imprisonment in thc county .jail not to cxcccd 60 days, or by both such fine and imprisonment. In addition to or in lieu offthe peualties provided by general law lbr violation oJ' ordinances, lhc board ofCOUllly comnlissioncrs mq~ ~[~gg ~tH.]~y.~ [l~L~g~.B) ~Oill thc removal oF vegetation in violation of this Code. 2. Hie failure of a property owner or any olher pcrsolL~,bo obtains ail agricultural clearing permit or provides notice of agricultural clearing pursuant to Section 3.9.10.~,to put thc subject premises into a bona fide agricultural usc as~qmmd in ~mi~:~¢~.l~ slmll constitute a misdemeanor ~or wbieh4he-agfigulturaJ-elearing_l, em~it was approved by the t~vetopmem-serviues diuemor and each prolcclcd living, woody plant, constiluting protective vegetation, removed in violation of this Code shall constitute a separate and distinct ol'lbnsc and upon conviction shall bc punished by a fine not lo cxcccd $500.00 per violation or b5 imprisomncnt in thc county jail not to exceed 60 days, or by bolhsuch fine and imprisonment. In addition to or in lieu of the penalties provided by general law lbr violation of ordinances, the board of county commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this Code. h~mde~4~t~pee~t!y covere~in subs~i~(4~t~subs~n ~-o~thi~s~tiom ,.~,~ . .',,, .... · ................ 4 prot~ed ' ' ...... ~m~sm ..... ~ .............. e~ hying, woody pJ'otec4~'e vegetation, ;'enjoyed ~:~ viol{ion o[-tlfis Code shat! constim~m~pamt~ ...................... v ....................... p ....... cd ' a ............ exc~O.O0 per ~tion or by JJnprJsonn:e~H: the com~mt to exceed 6~ays,or ~iolation ofordiaances, tl~board of county co~m:issi~rs ma~i~g in.~mmi~aetion enjohHh~oval o~, ...... ~, vJol~on ,.c this ,4. Restoration standards. 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, Ihcn, upon conviction by thc court or tic code cnlbrccmcnl board, in addition to any I]ne imposed, a restoration phm shall bc ordered iu accordance with thc tbllowing standards: (-A-)L The restoration plan shall include the following minimum planting standards: (4) a_.ln 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. (-z2-) b_.Each replacement tree shall be Florida grade No. I or better as graded by the Florida department of agriculture and consumer service. (-3-) c_.Ail replacement trees shall be nursery grown, containerized and be a minimum of 14 feet in height with a sexen foot crown spread and have a minimum dbh of three inches. (4-) al. Replacement trees shall have a guarantee of S0 percent survivability tbr a period of no less than three years. A maintenance provisign 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_.lt shall be tit tile discretion oflhe development services director It) Mlow I'or any deviation from the above specified ratio. Page 149 of 174 Words struck through are deleted, words underlined are added (43)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. (-C-)3. The understory vegetation shall be restored to the area from which protected trees were unlawfidly 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. x~-.~r~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. (g)5. In the event of impending development on property where protected trees we're un lawfidly removed, the restoration plan shallindicate the location of the replacement stock consistent with any approved plans lbr subsequent development. For the purposes of this ordinance, impending development shall mean that a developer has made application lbr a development order or has applied lbr a building permit. (-F-)6. The 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 ora public land and/or agency. The off-site location shall be subject to the approval of the development services director. ,.~"r:'vT,. 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 fimds 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.) < o r, ......:.,~ c ......: ........ ~ vio!atians. CORRECTIVE MEASURES 3.9 ..... 1 !.2 ........... measures FOR ENVIRONMENTAL VIOLATIONS. A. MITIGATION I. 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 tile violation. The mitigation plan shall be submitted to development services staff roi' review and comment. Once the plan is accepted by development services, the responsible party shall have 15 days to complete tile mitigation unless other arrangements arc specified and agreed t, pon 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. Offsite mitigation shall be on lands under the control ora 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 exactnumber and type of species required may vary depending on the existing indigenous vegetation found at the site. 4. lfonly 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 singlo-family use only, and one ao'e 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 ora typical building pmnit. 3.9.6.9, I. Req'alrcmcr:.:cfcr c, ,w.i:igx:ic,::.plan. B. REQUIREMENTS FOR A MITIGATION PLAN. Page 150 of 174 Words struck tkrough are deleted, words underlined are added I. 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 subjectlot or parcel of land, or permission from tile 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 credeutials 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. 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. I or better, as graded by the Florida Department of Agriculture and Consumer Services' Grades and Standards for Nursery Plants (Charles S. Bush, 1973, Part I and 2). All plants not listed in Grades and Standards for Nursery Plants shall conform to a Florida No. I as to: (I) 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 indaes. 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 ex,,ting 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. I) itl the mitigation area shall be required. review c,f,witigatic, r: "~-- D. COUNTY REVIEW OF MITIGATION PLAN I. Development services will review the plan based on, but not limited to, the preceding requirements within 15 days. Additional relevant information may berequired 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. : n ~ o A a~t.._: ......... '~rcF/antlng. 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 repons 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 Page 151 of 174 Words struck through are deleted, words underlined are added required each year if Ihe mortality exceeds 20 percent of the tolal number of each species in tile 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 reexaluated by both the consnltant 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 supported lsupporling] data submiltcd by Iht mitigator. -, o ,', o ~, ;~,,,,t,,; ...... ;'; ..... ; .... ;;,..;,. F. DONATION OF I,AND OR FUNI)S. The donation of land and/or fimds to a pnblic 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 thetotal sum it would cost to mitigate for the violation according to sections3.9.1 1.2.A. 349.6.9 .3.9.&9.4 including consulting fees for design, and monitoring, installation costs, vegetation costs, earth moving costs, irrigation costs, replanting and exotic removal. 3.9.~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 tile Collier County Board of Connty Commissioners. 3.9.81~33. Suspension of permit requirement Thc board of county commissioners may, by cmcrgcncy resolution, suspend thc I~crmit requirement lbr vegetation removal in thc alicrmath of a natural disaster, such as a hurricane, when thc lbllowing conditions arc met and contained in the resolution: 3.9.g:. 1~3.1. 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:. 1_3.2. The vegetation removal is necessitated by disaster related damage. 3.9.&. I_3.3.1'he suspension is not applicable to vegetation within habitats containing listed species (as regulated itl division 3.11). SUBSECTION 3.L. AMENDMENTS TO DIVISION 3.1 I., ENDANGERED, THREATENEI) OR LISTED SPECIES PROTECTION DIVISION 3.1 1., Endangered, Threatened or Listed Species Protection, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.1 1. ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION DIVISION 3.1 1. PROTECTION ENDANGERED, THREATENED, OR LISTED SPECIES 3.11.1GENERAL. 3. I I.I.l_ 77tle and citation. This division shall be known and may be cited as tile "Collier Connty Endangered, Threatened, or Listed Species Protection Regulations." 3. II.L2. Purpose. The purpose of this division is to protect species in Collier County, I:lorida by including measures for protection and/or relocation of endangered, threatened, or species of special concern listed by: Page 152 of 174 Words sm:ck through are deleted, words t, nderlincd arc added a=A__~. Florida Fish and Wildlife Conservation Commission (FFWCC) as endangered. threatened or species of special concern; United States Fish and Wildlife Service ([ISFWS) as endangered or threatened: and c-: (_'~. Convention of lntcnmtional Trade in Endangered Species of Wild l:anna and Flora (C1TES) on Appendix t, Appendix I1, or Appendix Ill. 3. I 1._1.3. ,,~., ~:' .......... -. ~ ~--,,,...,~s""; ..... -~. ~,?r,,,~.,,~ ...... ~ ........... Applicability and Exemptions. A. General Applicability: Except as provided in B. below, all new developmeut shall be directed away from listed species and their habitats by complying with the tmidelines and standards set forth in this section., ~. .......... ,,~., ,,,~n exbfing ~.~,~n .... ~p,,,~,,,' ~,,~ ~,,o,, ~,,~,~n pu~ pe:-ma~m guidelh~es and sta~re adopted by Co~unty~l~i~shall app~as inte6m~**Meti~-o~a~~h~p~tkm of endaage~i~h~:eatened-spe~es-and st~-~P~ia~c~rn as p~i~b5 G~[ 7 an&~ate&o~ives-m~lieie~as amm-~d~ h~n~tk>~nd coast~m an agement~u~[~PO~e~otli~~gro~th ma~~lam B. Exemptions: The followint~ are exempt from the provisions of this Section: 1. agricultura 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. 3.1 1.2 ElS AND MANAGEMENT PLANS 3. I 1,2. I. Exemption. Single-family lots that are not part of a previously approved subdivision or SDP shall not be required to prepare an ElS or a management plan. 3.11.3,42.2 ElS. An ElS is required as set forth in Section 3.8.5.7. The County shall notify tile FFWCC and USFWS of the existence of any listed species that may be discovered. Plans sba!! be -,~.,.~;.~a r..~ revie;; .... ~ ~"bj ..... approval ~., ,~-~ ~--; ........ ; ..... ~p .............. r 4he ~l]fe, including ........ c.,, p ...... ~ .... a/~, relocation of endangered a~ ........... in :ssu:ng ...... v ................ propert5 ..... ,~;.; ...... 4~,.g~,~ ,,,~ ,~ .......... ~ · ............ ~ ........................... spec:es 3.11.2.3. Management Plans. A. General Requirements. A wildlife management plan shall be required Ibr all projects where the wildlife survey indicates listed species are utilizing the site. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats and shall incorporate proper techniques to protect listed species and their habitat from the negative impacts of proposed development. B. References. The following references shall be used, as approvriate, to prepare the required management plans; I. South Florida Multi-Species Recove _fy Plan, USFWS, 1999. 2. Habitat Management Guidelines for tile Bald Eagle in tile Southeast Region, USFWS, 1987. 3. Ecology and Ilabitat Protection Needs of Gopher Tortoise (Gopherus po!yphemus) Populations found on [.ands 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 64phelocoma 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 tile following,: Page 153 of 174 Words str',:ck through are deleted, words underlined are added 3.11.3.1. General. A. In those areas where clustering is permitted, all developments shall be clustered to discourage impacts to listed species habitats. B. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. C. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. D. Appropriate roadway crossings, underpasses, and signage shall be used where roadg must cross wildlife corridors. E. When listed species are directly observed on site or indicated by evidence, such ag denning, foraging or other indications, priority shall be given to preserving the habitat' of that listed species, as provided in Section 3.9.4. I.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. ................................ ~ ............ v .............. ......... (..;.~.~.~ .... manatus) m~.;ao panther (Puma couperi), ~ ........... ,~ ~k~,~;~ v ..... rid!ey 3.11.3.3 Species Specific Requirements. On property where the wildlife survey establishes that listed species are utilizing the site or where the site is capable of supporting listed species and such listed species can be anticipated to potentially occupy the site, the County shall, consistent with the GMP, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and 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 herein and any such change shall be deemed to be consistent with this Code. The following specific species management and protection plans shall be applicable, in addition to those required by 3.11.2.3. and 3.11.3.1: ~ 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 or take any such burrow by any means, unless otherwise provided for in this section. 3:3- Provision is hereby made to allow personnel authorized by Florida Fish and Wildlife Conservation Commission or Collier County to house and relocate tortoises as necessary and provided for in this section. Page 154 of 174 Words str',:ck thro',:'gS are deleted, words underlined are added (4:)-When gopher tortoises are identified on site, a-FrOtection/managenlent F!an or off :die apply lo all new develolantenl-and site inq)rovenlents, it shall aJst~ apply to-subManlial amendt~Ht~l~isthlg devel~men}~nd~i~a~'emems, wi:cee gophc:' tortoise [~'m~fion&nan~mem-~ns ha~-tmt beum pre~m~a~¢i'oved4~y Collier ptannit~ ~r~tal~ the prolcction/managcmenl plan shall include, bul not be limited Iht lbllox~ring items: 4--)a. a current gopher tortoise survey, which shall be fidd-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_: tile method of relocation it' necessary; tile proposed supplemental plantings il' needed; 6)1_'. a detail of the gopher tortoise preserve fencing; 7-)~ an maintenance plan describing exotic removal andv .... .................. ;~ "'~'~;*;~ plant'.rigs' the fmare vetzetation management; and 8-)h. identification of persons responsible for tile 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 tile first development order submittal. Suitable habitat preserved on site shall be credited to the prese,'vation requirement as specified in section 3.9.5-.4. of this Code. (5:)- Snitable habitat shall be defined as having tile following characteristics: 4-)a. the presence of well-drained, sandy soils, which allow easy burrowing for gopher tortoises~2 2-)b~ appropriate herbaceous ground cover (if not present, supplemental fbod sources shall be planted);,; 3-)c_. generally open canopy and sparse shrub cover which allow sufficient sunlight to reach tile 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 tile on-site gopher tortoise habitat preservation requirements under tile following circumstances: Where suitable habitat does not exist on-site; or, b_.) Where a property owner meets tile minimun: on-site native vegetation preservations reqtfirements 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 offsite 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. (4v) 8. When relocating tortoises on site, tile density shall be reviewed oil 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 tile Page 155 of 174 Words struck through are deleted, words underlined are added approved site development plan. ~,~&en a degision is made to al!ow off site relocation oF ~^~ ...... :~ ilt shah 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~ (-g) 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. (g) 11. Exemptions. Single family platted lots, seven and one-half acres or less in size, shall be exempt from the requirements set forth in subsectiv, n 3.!1.2/.(4) 4 through 10 above~ when these lots are not a part of a previous development which has been required to comply witho~w~,,v.,°"~' .... :~, o~..~..o~..~.~nr'x 4 through 10. However, gopher tortoises shall be protected pursuant to paragraphs 1, 2 and 3 zft~is 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 speci _fy an appropriate fire or mechanical protocols to maintain the natural scrub community. The plan shall also outline a public awareness program to educate residents about the on-site preserve and the need to maintain the scrub vegetation. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. C. Bald Eagle. For the bald eagle (Haliaeetus leucocephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery_ Plan, May 1999. D. Red-cockaded woodpecker. For the red-cockaded woodpecker (Picoides borealis), the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects can not be avoided, measures shall be taken to minimize on-site disturbance and compensate or mitigate for impacts that remain. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. E. Florida black bear. In areas where the Florida black bear (Ursus americanus floridanus) may be present, the management plans shall require that garbage be placed in bear- proof containers, at one or more central locations. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the management plan. F. Panther. For projects located in Priority I and Priority II Panther Habitat areas, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis conco/or co~yi) 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 intensi _ty land uses (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 Florida Multi-Species Recovery Plan, May 1999, and with the provisions 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.r'~-~m~° t .... ;~,; ........ , .... ~, ...... a;~,. 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 Page 156 of 174 Words smac!c through are deleted, words underlined are added 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. SUBSECTION 3.M. AMENDMENTS TO DIVISION 3.12., COASTAL ZONE MANAGEMENT DIVISION 3.12., Coastal Zone Management, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.12. COASTAL ZONE MANAGEMENT 3.12.5.1.2. If the proposed development is determined to be a subdivision, as defined in dDivision 6.3, the categories of impacts, A through G, shall be conceptually illustrated on the req~:ire~ preliminary subdivision plat, if the applicant chooses to submit a preliminary subdivision plat and completely detailed on the final subdivision improvement plans, with any required protected/preserve areas illustrated on the final subdivision plat, in accordance with the provisions of dDivision 3.2. If the proposed development does not constitute a subdivision, the categories of impact, A through G, shall be illustrated on a site development plan for any form of development, including single-family or duplex residential structures in accordance with the provisions of dDivision 3.3. 3.12.5.2. Review by environmental advisory board. All preliminary subdivision plat and/or site development plan submissions for development or site alteration on a shoreline and/or undeveloped coastal barrier shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the environmental advisory board. If the applicant chooses not to utilize the optional preliminary subdivision plat process, the review and approval will occur at the time of either the final plat and construction plans or the final plat. SUBSECTION 3.N. AMENDMENTS TO DIVISION 3.15., ADEQUATE PUBLIC FACILITIES DIVISION 3.15., Adequate Public Facilities, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.15. ADEQUATE PUBLIC FACILITIES DIVISION 3.15. ADEQUATE PUBLIC FACILITIES* *State law reference(s) -- Concurrency, F.S. § 163.3180. Page 157 of 174 Words str,'~:ck through are deleted, words underlined are added Sec. 3.15.3. Definitions. For the purposes of this division only, the following terms are defined as follows: 3.15.3.10. Constrained facilities are those road facilities which have been so designated by action of the Board ofCoun _ty Commissioners (BCC) upon the recommendation of the Transportation Administrator once it has been determined that lhe road facility will not be expanded by two or more through lanes due to physical, environmental, or policy constraints. 3.15.3.11. Deficient road segment means a county or state road segment on the major road network system that is operating below itsadopted level of service standard (LOS) as determined by roadway service volumes calculated by the Transportation Division administrator. 3.15.3.11.2. In ~ete,."w,.ining assessing the capacity of a county road segmenk__~ a state road segment or TCMA for the purpose of determining whether it isa ~e.qcient road segment operating below the adopted LOS, or would based on the traffic impacts identified in an approved TIS submitted as part of an application for a final local developments order, the Transportation administrator shall consider: 1. Current roadway facilities including, but not limited to, number of lanes, provision of turn lanes, operation of intersections and number of signal~ 2. Capital road improvements under constructions,or for which the construction contract has been let: 3. Any improvements that are guaranteed in an enforceable development agreement in which the improvements are completed or under constructior~ or for which the construction contract(s) has been let, before the impacts from the development or phased development accrue to the roadway system; Construction of the required capital improvement is included inor before the thirfi first or second year of either the state's Florida DOT five-year work program or the first or second year of the Collier County Schedule of Capital Improvements adopted as part of the Annual Update and Amendment of the Capital Improvements Element (CIE) and Collier County Annual Budget that follows approval of the AUIR; at the time of a~!icati~n, ccun~,"s ...... , c. ........... 1~1 i~ ........ , o~k~,~.,l~ ~,~^~,~,~ ~o ~a~ ~C~k~ r'_ .... ~k Management 5. The final local development order is for a project located within a TCEA or TCMA designated in the GMP which meet the applicable requirements of Policies 5.5 through 5.9 of the Transportation Element; 6_. The necessa _fy facilities are the subject of a binding commitment with the developer to contribute fair share funding as provided for in Policy 5.9 ofthe Transportation Element, if applicable, or to construct the needed facilities. 3.15.3.21. Level of service (LOS) means an indicator of the extent or degree of service provided by, or proposed to be provided by, a public facility based on, and related to, the operational characteristics of the public facility, as adopted in the Collier County Growth Management Plan. LOS will be stated as the capacity per unit of demand for each public facility. 3.15.3.21.2. Transportation Concurrency Management System means a "real time" concurrency system that tracks and allocates the available roadway capacity on a continuous basis with quarterly status reports to the Board. Trips generated from proposed Developments will be added to the trips approved to date and the existing background traffic counts to determine if there is available capaci _ty for each new Development to be approved, in whole or part, as proposed Development plans are submitted. 3.15.3.31. Proportionate share payment means a payment by a developer to Collier County to be used to enhance roadway operations, mass transit operations or other non, automotive transportation alternatives. Page 158 of 174 Words str',:clz thrzug~ are deleted, words underlined are added 3.15.3.3432. I'ublic./iwililies mean capital drainage (surface water management system) facilities, capital park and recreation facilities, capital potable water facilities, capital road lhcilities, capital sanitary sewer facilitics, and capital solid waste filcilities. These are also known as Category "A" public facilitics under Policy 1. I. I. of the Capital Improvement Element of the comprehensive plan. Sec. 3.15.4. Reserved. Sec. 3.15.6. Management and monitoring program. 3.15.6.2..,lnnual L/pdale and Inventor. l, Report on l'ubliu Facilities 64 UIR). The Community Dcvclopmcnt and Environmcntal Services Divisiou Administralor shall complete an Annual Updatc and Inventory Report on Public Facilities (hereinafter "A U IR"). Thc A [il R shall determine thc existing conditions ol'all ct~)ital potable water, capital sanitary sewer, capital solid waste, capilal drainage, capital park, and capital road public lhcilitics to determine and stnnmarize thc available capacity offllcse capital improvements (public lhcilities) based on their I.OS, lb~cast thc capacit5 of existing and planned public lhcilitics identilied in thc fiveycar capital improvement schedule tbr each of li~e five succeeding years, aud ten succeeding yearstbr solid waste landfill capacity, and idcntil3' new projects needed to mahtaiu or restore adopted I.OS. Tile lbrccasts shall bc based on thc most recently updated Schedule of Capital Improvements(pt:bric lh~kie's) and Capital hnprovements Plan (C1P) or Master Plan for each public facility. The AUIR shall be based on the most recent University of Florida, Bureau of Economic and Business Research (BEBR), or BEBR influenced Water and Sewer Master Plan, population projections, updated public fiqcilil3 inventories, updated unit costs and revenue pr~jeclions, and analysis of thc most rectal tral'fic count data. 3.15.6.2. I. :Innual determination q/'adequale 'Z'ategol3' A "public./belittles (concurrent39. ~e ~m~mi~e~lopmen~n~avi~t~v~di~miui~t~ The County Manager will annually present thc AUIR vep~to the Board ~county cmm~h~ identifying deliciencies or potential deficiencies in "Category A":potable water, sexver, solid waste, drainage, parks, and roads public hcilities and remedial action options including, but not limited to, the following: Establishment of areas of significant influence (ASl's); Public facility project additions to the financially feasible CIE; 3. Establish interim development controls in affected service areas pending: a. I,owcring of I.OS via growth manag2ment plan amendment; b. Inclusion of necessary public facility prqjects itl the next adopted annual budget and next annual CIE update and amendment; c. Approval of new or increased revenue sources for needed public facility projects by the Board of County Commissioners, the state legislature or the county voters. d. Private development improvements guaranteed by an enforceable development agreement. 3.15.6.2.2. The findings of the A UIR, once approved by the Board of County Commissioners, will form the basis for the preparation of the next Annual Update and Amendment of the CIE and the annual determination of any deficient, or constrained, "Category A" facilities. The AUIR will identify additional projects and funding for inclusion in the Schedule of Capital hnprovements and thc Costs and Revenues Schedule of the CIE needed to maintain or restore adopted LOS for all "Category A" Ihcilities for tile next five years. Di:'ect?,n by tThe Board of County Commissioners shall provide direction to update and amend the CIE to include projects and revenues (within the first tkree or second years for roads) needed to maintain or restore adopted LOS_. ~ "Categ'e:-y-A" .~,.,,,~o,~""';~" as ,~.,,,.,~;-4~-':c'~'4 in ,h~,,,~ ,^ ~ m:,,,~.., Said direction shall constitute a finding of concurrent "Category A" facilities, except roads, for the review and issuance of development orders sub. ject to the provisions of this division until the presentation of the next AUIR, except fo,' any ASI designated areas or other areas subject to interim development controls. Page 159 of 174 Words st:'uc-k-l-h:'ough are deleted, words underlined are added 3.15.6.2.3. In addition to identifying needed capacity expansion projects and revenues Ibr inclusion in the next CIE update, the road facilities component of the AUIR will include an audit and update of the capacity bakmces in the Transportation Concurrency Managemeut System database: on a gegment by gegment bag~g The update shall factor~ in all such development approvals since the previous AUIR that generac trips along each road scgmeut aud the effect of capacity expansion prt~jcc~s included in the fiuancially l~asible Schedule ofCapilal hnprovemcnts of thc CIE tb~uel~-segmen~. Thc Al!IR shall be thc annual baseline of an ongoing, re~in~g concurrcnc~ dclcl'nlin31ion J~)r roads. 3.15.6.3. Recommcmlalions on the annual CIE tqMale and annual Imdgct. Iiascd upon the prior calendar year's__' AUIR analysis and Board direction, thc Conlmunity l)¢velopmcnt and l!nvironnlcnlal Services Division Administrator shall reco,m~cnd to thc Collier County Planniug Commission and the Board of County Commissioners an Annt, al Update and Amendment to the CIE as part of Iht annual Growth Management Plan amendment cycle. The recommendation will include tile proposed financially feasible public facilities Schedule of Capital hnp,'ovements needed to maintain or restore adopted LOS standards as well as recommendations for tile annual budget as to needed projects and suggested flmding sources. 3.15.6.4. Designation q/'dqfic'ienl ov and constrained roadwO, segments. Deficieut roadway segments ma3 be designated as constrained whenever they meet the te,'ms set forth in subsections 3.15.3.10. of this Code. 3.15.6.4. I. Rcgt, lation of growth akmg roadway segmeuts designated constrained Roadway segments once designated as constrained are subject to tile growth restrictions set lbrlh below which are imcndcd to cnsm'c that tin'thor LOS degradation docs not occuria-the~mtHhe4'oadwuy is-~m~4~&m be ~'mh~~ level of set'¥ic~-sm~ard l;~ha~ faci!i~. Except as provided tbr below in Transportalion Concurrency Exemption Areas (TCEA) and Transpo~ation Concurrency Mana<ement Areas (TCMA), deficient constrainedroadway segments are subject to growth restrictions on development thatwill not allow for approval of a final local development order resulting in an increase in peak hour traffic volumeof ten pemen~bove tl~vvice volu~ al above thc adopted level-ol:service standard. 3.15.6.4.2. Regulation oJ'growth along dqficien! roadway segment(s). Except as provided below in Transportation Concurrency Exemption Areas (TCEA) and Transportation Concurrency Management Areas (TCMA), Nt2o trips shall be allotted under a certificate of public fiqcility adcqtlacy lk~l' development that directly accesses and generates more than a de minimis (dc minimis impact is defined as lraffic impact of less tlmn one percent or less of thc peak hour service volume) impact on the deficient roadway segment(s) or lbr which the significance test in subse¢ion 3.15.6.4.7=& of this Code, below iudicates that the development will generate more than a de minimis impact on the deficient roadway segment(s). 3.15.6.4.3. Transportation Concurrency Exemption Area Designated. Pursuant to Policy 5.5 of the Future Land Use Element of the GMP, tile Sonth U.S. 41 Transportation Concurrency Except_k)n Area (TCEA) is designated. Development located within the South I.J.S. 41 TCEA L~.'l_ap_~FR-4) shall be exempt fi'om transportation concurrency ,'equircn~c_n~ls, so long as in,'mots o the transportation system are miti,,atcd using thc procedures below. 3.15.6.4.3.1. Any proposed development within the concurrency exception area that would reduce the LOS on Florida Intrastate Highway System (F1HS) roadways within the County by more tha 5% of the capacity at the adopted LOS standard must meet the transportation concurrency requirements specified in Rule 9J-5.0055(3)(c)1-7, F.A.C. 3.15.6.4.3.2. Any proposed development within tile concurrency exception area that would reduce the LOS on FIHS roadways within tile County by less than 5% of the capacity at thc adopted LOS standard and meets the requirements identified below in subsection 3.15.6.4.3.3. are exempt from the transportation requirements of 9J-5.0055(3)(c)1-7, F.A.C. 3.15.6.4.3.3. Commercial Ddevelopments within tile South U.S. 41 TCEA that choose to obtain an exception from concurrency requirements lbr transportation will provide certification from the Transportation Division that at least four (4) of the following Transportation Demand Management (TDM) strategies will be utilized: aD Preferential parking for carpools and vanpools that is expected to increase the average vehicle occupancy for work trips generated by the development b_.} Parking charge that is expected to increase the average vehicle occupancy Ibr work trips generated by the development and/or increase transit ridership. Cash subsidy that is expected to increase the average vehicle occupancy for work trips generated by the development and/or increase transit ridetship. Page 160 of 174 Words struck t!:rough are deleted, words underlined arc added d) Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development Compressed work week that would be expected to reduce vehicle miles of travel and peak hour work trips generated t~ tile developmo~t i_) Telccomnmting that would reduce tile vehicle miles of travel and peak hour work trips generated by tile development g) Transit subsidy that would reduce auto trips generated by tile development and increase transit ridcrship. Bicycle and pedestrian facilities or that would be expected to reduce vehicle miles of travel and automobile work trips generated by the development i) Including residential units as a portion of a commercial project Ihat would redt,'cc vehicle miles of travel. Residential developments within tile South U.S. 4 1 TCEA tllat choose to obtain all exception from concurrency reqmrements ['or transportation shall obtain certification tilat at leasl three £_3) of thc J'ollowina 'l'ransl3ort:ttion Demand Manaecment (TDM__ks_tra_tc~4L, ics ~vill bc utilizcd a) Including neighborhood commercial uses within a residential project. b) I'roviding transit shelters within tile development (must be coordinated with Collier Cot, nty TransitL c) Providing bicycle and pedestrian facilities, witl~ connections to adjacent commerdal properties. d) Includinu affordable housint~ (minimum of 25% of the units) within the development. e) Vehicular access to adjacent commercial properties with shared commercial and residential parking. Developments within the South U.S. 41 TCEA that do not provide certification shall meet all concurrency requirements. Whether or not a concurrency exception is requested, development applicants must submit a Traffic Impact Statement and are subject to a concurrency review for the purpose of reserving capacity for those trips associated with the development and maintaining accurate accounts of the remaining capacity on the roadway network. Concurrency analysis will be conducted utilizing the significance tests contained in subsection 3.15.6.4.7. of this code. An applicant seeking an exception from concurrency requirements for transportation through the certification mentioned above shall submit an application to tile Transportation Division Administrator on forms provided .b_b.y thc Division. Binding commitments to utilize any of the above techniques relied upon to obtain certification shall be required as a condition of development approval. 3.15.6.4.4. Transportation Concurrency Mamtgement Areas Designated Pursuant to Transportation element Policy 5.7 of the GMP, the following Transportation Concurrency Management Areas are designated: 3.15.6.4.4.1 Northwest TCMA - This area is bounded by the Collier- Lee County Line on the north side; the west side of the i-75 right-of-way on the east side; Pine Ridge Road on the south side; and, the Gulf of Mexico on the west side (Map TR-5). 3.15.6.4.4.2. East Central TCMA - This area is bounded by Pine Ridge Road on the north side; Collier Boulevard on the east side; Davis Boulevard on the south side; and, Livingston Raid (extended) on the west side (Map TR-6) with the exception of 1-75 which is not included in the concurrency analysis. 3.15.6.4.5. Concurrency Standard for TCMA. To maintain concurrency, tach TCMA shall maintain 85% of its north-south lane miles and 85% of its east-west lane miles al or above the LOS standards described in Policies 1.3 and 1.4 of the GMP Transportation element. If any Traffic hnpact Statement (TIS) for a proposed development indicates that fewer than 85% of the lane miles in a TCMA are achieving tile LOS standards indicated above, the proposed development shall not be permitted where such condition occurs unless modification of the development is made sufficient to maintain the LOS standard for the TCMA, or the facilities required to mailtain Page 161 of 174 Words struck through are deleted, words underlined are added the TCMA I.OS standard are conunitted ntilizing the standards for committed improvenmnts itl Policy 1.5.3 of thc Capital hnprovement Element of the GMP. 3.15.6.4.6. Proportionate share payments for impacts to constrained or deficientroadways in a TCMA. Should the TIS for a proposed development reflect that it will impact either a constrained roadway link and/or a deficient roadway link ~2 more than a de minim is amount (more than 1% o1' thc maximum service volunlc at thc adopted I.OS), yet continue to mahtain the established pxrc_c[~tagc of lanes miles indicated itl subsectiou 3.15.6.4.5. above, a proportionate share ~nent purstt;4tll It) [{,UIc 9J-5.0055{9), I:__.A.C. sha!l bc required as I'ollows: 3.15.6.4.6. I. Proportionate share payments shall be calculated using tile formula established in Subsection 3.15.7.3.4.7. Tile Ihcility cost for a constrained roadway link shall be established using ~pical '%ne mile cost" as determined by the Collier County Transportation Administrator of addine lanes lo a similar area/facili[2/type as the conslrained thcility_. 3.15.6.4.6.2. Proportionate share payments shall be utilized by Collier Courtly to add trip capac~5' and enhance tral'fic operations that increase capacity within the impacted TCMA and/or to enhance mass transit or other non-antomotive transportation alternatives that rednce vehicle trips within the Transportation Concurrency Management Area. 3.15.6.4.6.3. I lowever, no impact will be de minimis it' it exceeds tile adopted level-of service standard of any affected designated hm'ricane evacuation routes within a TCMA. I hm'icane routes in Collier County are shown on Map TR7. Any iIBpact to a hurricane evacuation route within a TCMA shall require a proportionate share payment provided the remaining I.OS rc_~uirements o~'tile TCMA are maintained. 3.15.6.4.6.4. Proportionate share payments trader this section are determined subsequent to a concurrency determination for a proposed development within a TCMA and do not inllucnce the concurrency determination process. 3.15.6.4.6.5. In order to be exempt from link specific concurrency, new commercial development or redevelopment within Collier Connty's designated Transportation Concurrency Manaaement Areas (TCMAs) shall utilize at least two (2) of the following Transportation Demand Management (TDM) strategies, as may be applicable: a) Preferential parking tbr carpools and vanpools that is expected to increase the average vehicle occupancy tbr work trips generated by tile development b) Parking charge that is expected to increase the average vehicle occupancy Ibr work trips generated by tile development and/or increase transit ridership. c) Cash subsidy that is expected to increase tile averaRe vehicle occupancy lbr work trips generated by tile development and/or increase transit ridershiE. d) Flexible work schedules that are expected to reduce peak hour automobile work trips generated by the development. e) Compressed workweek that would be expected to reduce vehicle miles of travel and peak hour work trips generated by tile development. t) Telecommuting that would reduce the vehicle miles of travel and peak honr work trips generated by the development. g) Transit subsidy that would reduce auto trips generated by the development and increase transit ridership. h) Bicycle and pedestrian facilities that would be expected to reduce vehicle miles of travel and automobile work trips generated by th.e development. i) Including residential units as a portion of a commercial project that would reduce vehicle miles of travel. j) Providing transit shelters within the development (must be coordinated with Collier County Transit). In order to be exempt from link specific concurrency, new 'residential development or redevelopment within Collier County's designated Transportation Concurrency Managenmut Areas (TCMAs) shall utilize at least two (2) of the following Transportation Demand Manat~ement (TDM) strategies, as may be applicable: a) Including neighborhood commercials uses within a residential project. Page 162 of 174 Words strucl; through are deleted, words underlined are added b) Providing transit shelters within the development (must be coordinated with Collier Cotmtv Transit). C) I','ovidin~ bicycle and pedestrian facilities, with connections to adjacent commercial properties. d) lncludint~ affordable housing (minimum of 25% of the units) within the development. c) Vchicula,' access to adiacem commercial propcrtics. 3.15.6.4.3_7. Sign!lit'ante test. hnpact for traffic impact analysis purposes for a proposed devch)pmcnt projecl will be considered significant: I. On those roadway segments directly accessed by the project where project traffic is equal to or greater than three percent of the adopted LOS standard service volume; 2. For those roadway segments immediately a4jacent to segments which are directly accessed by tile prqject where pro.ject traffic is greater than or equal to three percent of the adopted I~OS standard service volume; or 3. For all other acljacent segments where the project traffic is greater than five percent of tile adopted LOS standard service volume. 4_: Once traffic from a development has been shown to be less than significant on my segment using the above standards, the development's impact is not required to be analyzed further on any additional segments. This significance test is applicable to projects inside and outside TCEAs and TCMAs. 3.15.6.5. Establishment q/'area(.O oJ'significanl in./htence (SISD./br dq/ic'ient road segmems. If the findings of tile AU I R analysis identify additional road improvement projects that wot, ld be needed iu order to maintain a segment or road facility's adopted LOS, and such projects are not included in the proposed annual CIE road component update adopted by the board, theu the community development and environmental services division adminisl,'ator, in conjunction with thc transportation sc,'vices administrator, may propose to establish one or nm'e areas of significant influence (ASI) for any such deficient road segment. The geographic limits of any ASI must meet the standards in subsection 3.15.6.5.1. of this division. 3.15.6.5.1. Standards in establishing area of significant influence (ASI). The boundaries for an ASI shall include the limits of the roadway segment(s) that are deficient as recommended by the Transportation Services Administrator. 3.15.6.5.2. Review wul approval (?/'ASI bt' bow'd of courtO' commissiolwrs. After receipt of thc proposed boundaries ol'a potential ASI from thc Transportalio,~ Services Division Adulinislralor. thc 13oard of County Commissioners, shall hold public hearings noticed pursuant to thc requirements of) subsection 2.7.2.3.4. of this Code: Alier final consideration of the proposal and public comment, the board may approve the designation of an AS l, (including a map of the impacted roadway segments), with or without modifications, or determine that competent substantial evidence has been placed on the record to show that the road segment is not deficient and find that the establishment of an AS1 is not necessary to ensure that development orders are served by adequate road public facilities. The approved ASI(s) will become effective upon adoption by the Board of County Commissioners. 3. i 5.6.5.5. Interim development controls on ASI roadway segments. No final local development order for development directly accessing deficient roadway segments may be approved if it would add more than a de minimis number of vehicle trips (i.e., an impact equa! tz er greater than one percent of the peak hour service volume) to a deficient roadway segment designated as an ASI. Development of a single-family home on aa existing lot, tract or parcel of land will be considered to be de minimis development regardless of the number of actual trips that would be generated. Sec. 3.15.7. Regulatory program: review of development to ensur~ adequate public I~cilities are available, including the Transportation Concurreucy Management System. Page 163 of 174 Words struck tl~rough are deleted, words underlined are added yesthagat~alysis-at:fim~ation-re;'iew du~i.qg the~si~momh pe:-iod4'oltowit~ [effective date-of-this division's-ame~mtme~taLtodetetaa~irie-u,:J'tich d~---w~Jopttl-ents wet:e-vested-l~a.,,' t~:amq~tat4e, ql cemeue~ency-pviov4o-[the efl:e,ztiYedateotqhisdivisi¢~¢s-amendment]-~-whicl~,4tt-ineh:d~ those devetopmentslhat--have p:'e;.iously :'ecei,eed~en4fieate ofadc~.luate~ulAie l:aeili~y,-4~ave-entetx~d hito an-approved developmema~m~eementa~vitl~vesting-provisionsc*~: were-statut¢u'ily vested-prior to-[:the ef!bz-tive~tate-of thisxtivisimq. 'Fl~-~Tevie~v witbalso analyz,,aJahe sc:3aedule ,of wheu-tl~-se developments wi!!-be-builk amMhe magnitude of traffic that wi!hbo genet'ated-bsq~ese develol~uents. Dm:ht~his-pc~,ces~ing ,,m.- , - .... m~atmtt, revisions ,~ approved fiaabsi4e devek~m~ent p!ans-aimt4-ttmt-subdivisio:', l~ats that propose~aseqhe impact oft he developmenvthrou~teh~aethods as reducqngdetF~ily, makiug~additiop, a! provis~omktCor mixed use development to capture trips or providing addit4otml transportation system intercon.':ections Previousl) ....... ,~4 .~ .... i ...... * i.e., '~ .... i ........ ' '";"' a ,,.i;4 .... ,m~,~ of adequate ~lit) issu~ prior lo t!~ [effective date of this division's an~dmet~ma~elee~omaintain a:~ ~es t'o be tin,reader the rev~concurrency cert~lion process on the [effect~dam~t~ division's ~lendment], as p~4n subsection. 15.7.3.1.5 and as ~m~t~llows to ~taMis~un~nc) ......~...;n-"~~;*"..~..~..~. v~.-..: · Any ~M~t opts iat~ih~.isions ... assoeialed-witblh~e~i~in~c~rtitieate~thout-l~ng4,~lUie~ to.subm it-¢evised-t~t:~dditkmal ti, afire sludies;-and upon st,Tendee ot~theexisting-cerlit~cate will be issued new.certiticales COlteurt~ney in pet:l~luily oneed OOperc~nta*tqh~estimated-transt~)rtation impact-tbes based ~~t~ng m~chedule are p~. 3.15.7.3.1.2.1. Anmtal mid)'cz:r Tra.[fic/PUD Monitoring Report. On [the effective date of this Division's amendment], all development that has been4ssued an SDP or FSP, but PUDs which is are less than 90 percent buih-out, must annually by n:id year (on or about Juae-3OO~submit a report detailing its their progress toward build-out of the development. The traffic report must be submitted as part of the annual PUD monitoring report on the anniversary date of the PUD approval by the Board per Section 2.7.3.6. LDC. The written report must be submitted to, and be in, a format established by the Transportation Administrator and must indicate any revised estimates to the initial build-out schedule and any resulting effecl on traffic impact prqjections, along with any progress towards completing m}y developer contribution requirements. Tral'ficq~tlD Monitoring Reports which arc more lhan ninety (90) days passl duc will result in thc suspension of final local development order issuance lbr the PUD pending receipl of the Report. 3.15.7.3.1.5. Assessment and application of transportation impact fees and surrender of certificate of public facility adequacy. Within 90 days of notification by facsimile that an application for a eeFtiki~meot~public fac-ility adequac-y final local development order has been approved and a certificate issued, an applicant may pick up thc certificate upon payment ofonM~alf(50 percent) of thc estimated transportation impact fees due. Such estimates shall be based on the currently approved transportation impact fee rate schedule. If the certificate is not picked up within 90 days and the applicable estimated transportation impact fees paid, the application will be deemed denied and the applicant must reenter the application process from the beginning. Tran~ortation impact fees for residential development will be estimated using the fee based on the midrange housing size, unless the residential use qualifies as aflbrdable housing. Affordable housing estimated transportation impact fees shall be based on the income limitations for affordable housing in force at the time ora certificate of public facility adequacy application. Additionally, previously vested developments may, pursuant to subsection 3.15.7.3.1.2., elect to have escrowed fees applied against the one-half (50 percent) of estimated transportation impact fees. Payment of these fees vests the development entitlements for which the certificate of public facility adequacy certificate applies on a continuous basis unless relinquished pursuant to therequirements of this section prior to the end of the third year after the initial impact fee payment. The initial 50 percent impact lee payment is non-refundable after payment and receipt of the certificate of public facility adequacy certificate. r ..... ;c,~o,~o; .....,~ ~. r,~.~ ~rr~,;..~ ,~ .... e,k;~ divi.sion'; amendmentl ~-N0t later than 90 days prior to the expiration of the three year period for such certificates, the county shall notify the certificate holder via registered mail of the remainingbalance due for the estimated transportation impact fees up to 50 percent, based on level of building permits already issued. The balance oFthe impact fees due will be calculated al the rate schedule then currenlly applicable. 'File developer may elect to pay tIle balance of the estimated transportation impact fees lbr the eutillemenls Ibr which the certificate applies or modit~, the certificate to a lesser entitlement and calculate the balance of the transportation impact fees on the revised entitlements. Thecertificate of public facility adequacy shall be modified to include only the entitlements lbr which the estimated transportation impact fees are paid. The expiration date for the remaining, up to 50 percent, balance of the estimated transportation impact fees due fi'om a previously vested development that Page 164 of 174 Words struck through are deleted, words underlined are added opts into the revised concurrency certificate process as provided in subsection 3.15.7.3.1.2. of this Code, will relate back to the date of issuance of the o.'iginal certificates. Once tile balance of tile estimated transportation impact fees are paid, those estimated fees are nonq'eflmdablc. I lowever, thc ccrlilicalc of public facility adequacy rt, ns continuously with thc laud in perpetuity alier all estimated transportation impact fees have been paid. As building permits are drawn down on the entitlements, tile estimated transportation impact fees ah'eady paid shall be debited at the rate of the impact fees in effect at tile time of utilization. Ir'the estimated transportation impact lee account becomes depleted, tile developer shall pay tile currently applicable transportation impact fcc Fol' each building permit ill full prior to its issuance. In tile event that upon buitdout of the dcvclopmcm estimated transportation impact fees arc still unspent, the remaining bflance of such estimated fees may be transferred to another approved project within the same, or adjacent, transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the certificate of public lhcility adcqt,acy is modified to delete those entitlements. 3.15.7.3.4. Procedure fi)r review of application. 3.15.7.3.4.3. Determination of completeness and review. Upon receipt of an application for certificate of public facility adequacy by tile Comnnlnity Development and Environmental Services Division For road l~cilities, all copies of the application will be time and date stamped. One copy will be tbrwardcd to the Transportation Services Division For processing no later than the next business day. After receipt of the application t~r certificate of public facility adequacy, the Community Development and Enviromnental Services Division Administrator and Transponation Services Division Administrator shall determine whether its respective application is complete within five business days. If it is determined that any component of the application is not complete, written notice via lhcsimile shall be provided to the applicant s~cit~ing the deficiencies. The Community Development and Environmental Services Division Administrator and Transportation Services Division Administrator shall take no further action on the application unless the deficiencies are remedied. The applicant ~all provide the additional information within 60 days or the application will be considered withdrawn and the application fee is forfeited. Within 20 basiness days after any application for a certificate except for road facilities is received and the application is determined lo be complete, Ihe Commtmily Development and ih~vironmcnlal Services l)ivision Adminislralor shall review and gralll, or deny each public Ihcility conlponcnl except IBr roads in the application pursuant to the standards established in stbsection 3.15.7.3.5. of this Code. The Transportation Services Administrator shall review and grant, or deny a certificate of public lhcility adequacy for roads within 20 business days after the application is determined to be complete, subject to the approval of the final development orden 3.15.7.3.4.6 Traffic CapaciW Reservation for all or part of the proposed development may be approved and secured at application pending approval of the final sub-division plat, site development plan or building permit upon acceptance of the TIS by the Transportation Administrator as part of a complete Application Request (A R) deemed sufficient Ibr review ~br the proposed development by the CDES Division. The Transportation Administrator will notifythe applicant of any traffic capacity reservation via facsimile per section 3.15.7.3.4.3. Traffic capacity reservations will be awarded to the development upon: approval of the COA and final development order per section 3.15.7.3.4.5; payment of road impact fees in accordance with section 3.15.7.3.4.5; and Proportionate Share Payment, if applicable, in accordance with section 3.15.3.3 I. Traffic capaci _ty reservations approved under this section will expire in one (I) year, from TIS approval and determination of available capaci[y, unless the final local development order for the development is approved, or the Board approves an extension to the one (I) year time period. 3.15.7.3.4.7. Proportionate Share Pal,ments. Proportionate share payments may be used to mitigate the impacts ora development on a deficient roadway link by more than a de minimis amount within a Transportation Concurrency Management Area in which 85% of the northsouth lane miles and 85% of the east-west lane miles are operating at or above the adopted LOS standards consistent with Policies 5.8 and 5.9 of the Comprehensive Plan Transportation Element. tlowever, no impact will be de minimis if it exceeds the adopted level-of-service standard of any affected designated hurricane evacuation mutes within a TCMA. Hurricane routes in Collier County are shown on Map TR7 of the Transportation Element. Any impact to a hurricane evacuation route operating below the adopted I,OS within a TCMA sliall require a proportiona~ share payment provided the remaining LOS requirements of the TCMA are maintained Proportionate share payments under this section are determined subseqnent to a finding of concurrency for a proposed project within a TCMA and do not influence tile concurrency determination process. Page 165 of 174 Words struck through are deleted, words underlined are added 3.15.7.3.4.7.1. The proportionate share of the cost of improvements of such deficient roadways is calculated according to the lbllowing formula: Project trips impacting deficient link/SV increase x cost = proportionate share I. Project trips = cumulative number of the trips from the proposed development expected to reach lite roadway during the peak hour fi'om lhe complete buildout of a stage or phase being approved. 2. SV increase = the change in peak hour maximum service volume of the roadway resulting fi'om construction of the improvement necessary to maintain the adopted level of service. 3. Cost = cost of construction, at the time of developer payment, of an ~lprovement necessary to maintain the adopted level of service. Construction cost includes all improvement associaled cgsts, including engineering design. right-of-way acquisition, planning, engineering, inspection, and other associated physical development costs directly required and associated with the construction of the improvement. 3.15.7.3.4.7.2. The cost for a deficient roadway link shall be established using a typical "lane mile cost" of adding lanes to a roadway having a similar area type/facility type as determined by the Collier County Transportation Administrator. 3.15.7.3.5.6. Read facilities. The road component shall be considered based upon whether the proposed development is outside a designated ASI or within a designated ASI. 3.15.7.3.5.6. I. Read facilities. The road component shall be considered based upon whether sufficient roadway and intersections capacity is available based on the findings of the Transportation Impact Statement (TIS), which shall be based upon the provisions of subsections 3.15.6.4.1, 3.15.6.5.1.6 and 3.15.7.3.5.7. accegsed stat~dm'd r~,.~. ,,~o~,.~o~ roadway segments immediateb' ~w-~,,,~a" ........ ,~ segments ,.,h;ot,, ,,,~,, .... ,,~ directly by '~ .... ....... v,~J; .......... ...... ~ ..... project' ................ .... m, is g:.ea:er,I .....or equallo 3% of the adopVed~ service ,,-] ....... or adopted [.OS standard service volume. Sec. 3.15.8. Reserved. SUBSECTION 3.0. AMENDMENTS TO DIVISION 6.2., ABBREVIATIONS DIVISION 6.2., Abbreviations, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as fbllows: Page 166 of 174 Words strack tkraug~ are deleted, words underlined are added DIVISION 6.2. ABBREVIATIONS DIVISION 6.2 ABBREVIATIONS AASHTO ACSC ADT through EAB No change ElS FDOT through LDR No change NBMO NOAA NRPA PSP RFMU RLSA SDP through SEC No change TDR No change Big Cypress Area of Critical State Concern Environmental Impact Statement North Belle Meade Overlay No change Natnral Resource Protection Area No change Rural Fringe Mixed-Use Rural Lands Stewardship Area Transfer of development rights SUBSECTION 3.P. AMENDMENTS TO DIVISION 6.3., DEFINITIONS DIVISION 6.3., Definitions, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 6.3. DEFINITIONS Adverse Impacts: Impacts generated by land alteration or land use, whether permanent or temporary_, which, as a result of an environment or hydrological impact analyses, are likely to or have been shown to have a negative impact on any of the following: listed species and their habitat; natura! reservations and other areas of protected native vegetation; wetlands; surface or groundwater; natural waterbodies; air quality, and historic or archeological resources identified by Collier County or the State of Florida. amount ..,,.;o,. represents <n ....... (for ;'er;.' Iow income), Qn perce.'~t (for ' ~tan ........ re .......~.~.~; ...... ~ hr,, .......~; .... ~;,,o,~.~ gross am'ami-income r..~ the Page ! 67 of 174 Words sir'ack through are deleted, words underlined are added Bonus Credit: A unit representing the right to increase the density or intensity of development within a Rural Villat~e to an extent equal to that achieved throu~gh TDR Credits, tip to the minimum required density. [sec.2.2.2!/~.2B.3.b] Building, Actual height o[': The vertical distance from the average centerline elevation of the ~djaccnt roadways to tile highest structure or appurtenances without the exclusions of section 2.6.3. Building, Zoned height o~) The vertical distance from the first finished floor to tile highest point of the roof surface of a flat or Bermuda root; to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. Existing grade shall not be altered to gain building height. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See section 2.6.3, Exclusions from height limits, and off-street parking within a building [section 2.6.3.2].) Required minimum floor elevations shall be in conlbrmance with the Collier County Building Construction Administrative Code (Ordinance No. 91-56, .seclion 103.2. l.d [Code ~ 22-47(a)(4)], as amended) and, if necessary, FDEP requirements lbr minimum habitable first-floor structural suppo~. ~.c.~o, ......... ; .......... c,~.~ ~11:1~ ...... l1 ~o :heel:an[cai in ,~,,~ ~,~,,.,,,,,,,,,a ...... ;.~,; .... ~,r ~,,;~a:~,,,~,,,s .... "~'e''"h~;"h' Rooftop recreational space and accesso~ facilities are also exempted from the limitations established for measuring the height of buildings. Cabana: An accessory structure providing shelter for recreational use with or without toilet facilities, not to be used for living quarters. Civic and institutional buildings: Structures developed for and/or used by established organizations or foundations dedicated to public service or cultural activities including, but not limited it), thc arts, education, government and religion. Cluster Developme~tt: A design technique allowed within residentialzoning districts by eonditio:',a! use or where residential development is an allowable use. This lBrm 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 Wpical lot size and yard requirements of the applicable zoning district, wkh ~h~ ~;ee ...... ~, ....... h~ ~ .... ~ ~. ~; .... a ,u~ ~n~a ~, requirement .~,,,~;~- p!ace~ in order to: increase common o~n 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.~o~tc ...... ~,,~,,;~ 2.6.27.) 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] Density Blending: The distribution of the gross density or intensity allowable on a parcel or parcels throughout those parcels. Development and production, oil and gas field: Activities and facilities involved in developing petroleum and natural gas resources following successful exploration as defined by or in the context of Florida Statutes and Administrative Code, which may include the construction of all weather access roads and pads, development drilling, installation of crude oil pipelines, flowlines and gathering lines, in-field separation and temporary housing facilities for personnel requisite to thc operation of these facilities and activities. (Sec Oil extraction and related processing) Environmental Impact Statement (ELS): A document require~ as per divigie, n 3.8 or documents that provide an objective evaluation of the impacts ora proposed development or other alteration of the existing natural conditions on the natural resources, environmental quality, and listed species. Essential sServices: e .... ;~=~ a~o;..~.q ~.a ..... ,~a , ...... ;~ ..... o ............. ,~.h~.~ Those services and facilities, including utilities, safety services, and other government services, necessa~ to promote and protect public health, safety and welfare, including but not limited to the following: police; fire, emergency medical, public park and public libra~ facilit~s; and all services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers that have been approved and authorized according to laws having appropriate jurisdiction, and governmental Ihcilities. Exploration, oil andgas: Activities and facilities involved in the search for and subsequent production testing and field delineation of discovered petroleum and natural gas resources as defined by or used in the context of Florida Statutes and Administrative Code, which may include geophysical exploration activities and surveys, construction of temporary access roads and pads, exploratory drilling and the in-field separation and removal of test production. (See Oil exlraclion and related processing) Page 168 ofl74 Words str',.:ck through are deleted, words underlined are added Flowway: A natural or manmade swath of land, varying in width and length, providing for the conveyance of water, primarily sheet flow, during seasonally wet periods, generally from north to south, and providing beneficial wildlife habitat and aquifer recharge. G~(dc: An ,~s',ablisl~ed elevation. Grade: A reference plane representing tile average of finished ground level adjoining tile building at all exterior walls. When the finished ground level slopes away from tile exterior wills, the reference plane shall be establislled by the lowest points within the area between tile building and the lot line or between the building and a point 6ft (1829 mm) from the building, whichever is closer to the building. Greenbelt: A required buffer and open space area surrounding a Rural Village. [sec. 2.2.2V2.2 B.6.] Guest House or Cottage: An accessory dwelling unit structure which might ar,,.,e,.,,"'""h .... ,.~, ,,,~,,~,:-"~'"~ ~,-,,,~,'^~t'; .... c~.:~;,;~o..~,,,.,~o is attached to or detached ~ _a principal dwelling located on the same residential parcel and which an accessory dwelling serves as an ancillary use providing living quarters for the occupants of the principal dwelling, their temporary guests or their domestic employees and which may contain kitchen facilities, w~[c~ [s ~nc~¢oratefi, attac~ed to, or dweHk:~. Guesthouses or coUages are no~ permitted in development that is receiving an AHDB. (Sec section[s] 2.6.14 and 2.7.7.) Guest Quarters/Guest Suites: An attached or detached room or suite, which could be used as a temporary sleeping accommodation, which is integrated as part of the principfl use of the property and may contain running water as long as it is not configured or ora size that may accommodate a kitchen. Housing, Affordable: One or more residential dwelling units with a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents 50 percent or less (for very Iow income), 50 percent to 80 percent (for Iow income), or 80 percent to 100 percent (for moderate income) of the median adjusted gro$ annual income lbr the household as published annually by the U.S. Department of Housing and Urban Developlnent within tile Naples Metropolitan Statistical Area (MSA). (See section 2.7.7.) The term aflbrdable housing includes workforce housing which is limled to owner occupied housing with a monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents 50 percent to 100 percent of the median adjusted gross annual income for the householdas published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA). (See section 2.7.7.) Housing, Work_force: Owner occupied housing with a monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents 50 percent to 100 percent of the median adjusted gross annual income for the household as published annually by the U.S. Department of Housing and Urban Development withinthe Naples Metropolitan Statistical Area (MSA). (See section 2.7.7.) Kitchen, Primal_: A room in a principal dwelling which is used, d~signed and intended for the preparation and cooking of food, often where meals are also eaten. Kitchen, SecondarF: A kitchen, accessory in function to the primary kitchen, located within and only accessible through the principal dwelling unit. Native I~egetation: Native vegetation means N_native _s$outhern Floridian species as determined by accepted valid scientific references. ~ce~ identified in section 2.4.4.)- Where this code refers to, or requires retention of, existing native vegetation, the term native vegetation is furlher defined as a vegetative comnnmity 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 Naional 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. Page 169 ofl74 Words .~tr'.:ck thrm:gh are deleted, words underlined are added Natural Waterbod~,: A naturally occurring lake, pond, lagoon, river, stream, creek, or the like, or the Gulf of Mexico and any tidal waters of the gulf including bays, bayous, inlets, canals, or channels. Neighborhood Cenler: A centrally located area within a neighborhood ora Rural Village that may include small-scale service retail and office uses and shall include a p~blic park, square, or green. Neutral Lands: Lands located within the RFMU District that are generally depicted located on the Future Land Use Map, and more specifically depicted on the Official Zoning Atlas, as Neutral Lands. [sec.2.2.21A.3] North Belle Meade Overlay (NBMO): Lands located within the RFMU District that are generally depicted on the Future Land Use Map, and more specifically depicted on the Official Zonin~ Atlas, as the North Belle Meade Overlay. [sec. 2.2.31 ] Oil extraction and related processing: Oil and gas exploration, drilling, and production operations and shall not be deemed to be industrial land uses and shall continue to be regulated by all a_p_plicable federal, state, and local laws. Oil extraction and related processing includes oil and g3Ts e_~xploration and oil and gas field development and production as defined above. recreation areas. Areas that are not occupied by buildings, impervious parking areas, streets, driveways or loading areas which may be equipped 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 indi~;enous 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: r-~,,,,.,~., ....... ~'~"r~'~" o~'~c .......... ...~..~ tThose_ areas within or related to a development, not in individually owned lots ar~,~.~,~'4~'4; .... ,4 e.~. ..... v,~..~'~:o use, but "'h;~',.,,,~. 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: 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 an~ or landscaped 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, except ..,~-~..,,~,~ ~,~.,~'~,4:~'~,4 or ~,,~,~'~'~,4 r,~, ..... ~.~,,~'~; ..... ~, driveways, off-street parking areas, and off-street loading areas shall not be counted in determining usable open space. Pathway: A defined corridor for the primary_ use of non-motorized travel. RFMU District: Rural Fringe Mixed Use District. The area generally depicted on the Future Land Use Map and specifically depicted on the Official Zoning Atlas as the Rural Fringe Mixed Use District, which is generally a transition between the Urban and Estates Designated lands and the Urban and Agricultural/Rural and Conservation designated lands farther to the east. [ sec. 2.2.2½] 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'/2.2] RFMUSending 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 Sending Lands. [sec.2.2.2½.41 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. 2.2.2½.2.B] TDR Credit; A unit representing the right to increase the density or intensityofdevelopment on a parcel, obtained through a Transfer of Development Rights. [sec. 2.6.39] Transfer o/'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. Page 170 of 174 Words struck t?.r~ugh are deleted, words underlined are added Vegetation, Catego~_ I Invasive Erotic: invasive exotic vegclalion lhat is allcring uative vegetation communities by displacing native plant species, changing the structure or ecological functions of native plan communities, or hybridizing with native species. I"egelation, Categarv II hn,asive Exotic: Invasive exotic vegetation lhat has increased in abundance or frequency but have not yet altered native plant communities by displacing native plant species, changing the structure or ecological functions of native plan communities, or hybridizing with native species. Vegetation, Exotic: A plant species introduced to Florida, purposefully or accidentally from a natural range outside of Florida. The terms Exotic vegetation and Nonnative vegetation are interchangeable. Exotic vet~etation includes Naturalized Vegetation, and Calegory I and Category It Invasive Exotics. Vegetation, Native: A plant species whose natural range included Florida at the time of European Contact (1500 AD). Vegetation, Naturalized: Exotic vegetation that sustains itself outside cultivation, but is not prohibited exotic vegetation. Vegetation, Prohibited Exotic: Category I or Catego~ II Invasive Exotic Vegetation limited to the following: specifically include the following: m~ ..... :~ ~ ........... ~ ..... c :.~,,n:... Earleaf acacia (Acacia auriculiformis). Australian pine (Casuarina spp.). Melaleuca (Melaleuca spp.). Catclaw mimose (Minosa pigra). Downy rosemynle (Rhodomynus tomentosa). Brazilian pepper (Schinus terebinthifolius). Java plum (Syzygium cumini). Women's tongue (Albizia lebbeck). Climbing fern (Lygodium spp.). Air potato (Dioscorea bulbifera). Lather leaf (Colubrina asiatica). Carrotwood (Cupaniopsis anacardioides). Village Center: A distinct area within a Rural Village that serves as the primary Iocalion tbr commercial uses, including retail and office, and of civic, and government uses. Wetlands: ~ ....... ~ ......... a~.~a ~ ~,~:~. ~ .... . ........~ ......... , ~, ........... ,:~. and ...... , ........... , ...... · 6.2.9. .............. ~ ..................pol:cy Wetlands 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. Yard, fi'ont: The required open space extending across the entire width of the lot between the front building line and street right-of-way line. Where double-frontage lots exist, the required fi'ont yard shall be provided on both streets except as otherwise provided for herein. Where corner lots of record existed prior to the date of adoption of Collier County Ordinance No. 82-2 [January 5, 1982], which lots do not meet minimum lot width or area requirements established in this Code, only one tull depth front yard shall be required. In all zoning districts, the full depth front yard requirement shall apply to the front yard which has the shorter or shortest street frontage. In all zoning districts, except the E (estates) zoning district, the setback requirement for the remaining front yard(s)sha!! not ~ay be reduced t~ by more than 50 percent of the full front yard setback requirement for that digrict, exclusive of any [oad right- of-way or road right-of-way easement. For setbacks for E (estates) zoning, see Section 2.2.3.4.3. ~aa;,;~.~.,, ;~ ,k~ ~ ~,~,~ox ~.;.. a;o,~:~, 13 ~k~ ~+k~t. requirement r~ ,k~ Page 171 of 174 Words ...... '- '~ ...... k are deleted, words underlined are added SUBSECTION 3.Q. AMENDMENTS TO APPENDIX D, AIRPORT NOISE ZONING MAP APPENDIX D, Airport Noise Zoning Map, of Ordinance 91-102, as amended, of the Collier County Land Development Code, is hereby amended to read as follows: AI'I'ENDIX D-AII,~I'ORT Z()NIN{; Al)l). D, ,%.1)1). I1 .\I'I'ENI)IX II N.\I)I,I;~S .I1 NI(It':\L :\II;:I)ORT NOI.~E ZONE M.\I (.',1%] NI.]('TIt)N '2."_.?_3 l Page 172 of 174 Words str'-'-ck thraugh are deleted, words underlined are added SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. 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 FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SIX: EFFECTIVE DATES This Ordinance shall become effective upon filing with the Department of State with the exception of Sub-section 3. N, pertaining to Division 3.15, amendments to Adequate Public Facilities which shall not become effective until the supporting amendments to the Collier County Growth Management Plan (Ordinance Number 03-67), become legally effective in accordance with Subsection 163.3189(2)(a) Florida Statutes (2003). Page 173 of 174 Words struck through are deleted, words underlined are added PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this [ ~'~'1 day of~, 2004. ATTEST: DWIGHT E. BROCK, CLERK COMMISSIONERS By: ../~~ :~i~' 10 .(.,. Patrick G~ite ' Assistant County Attorney By: BOARD OF COUNTY OF ?~UNTY,~FLORIDA DONNA FIALA, CHAIRMAN This ordinance filed with the ~r.~r~ry of~State~s Office. ~tlje and ocknowledgem~ that Page i 74 of 174 Words struck through are deleted, words underlined are added STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2004-08 Which was adopted by the Board of County Commissioners on the llth day of February, 2004, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day Of February, 2004. DWIGHT E. BRGC3~ '"~j~'. '~% Clerk of Ex-offzczo:~q~-~oar~ cif I ~'~ ,~' County Com~l~s~oBers, ,~:~ : ~-': ;