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Policies/Meetings/General Correspondence - Volume 1 COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Solid Waste Subelement l January, 1989 RE-PRINTED FEBRUARY, 1991 SOLID WASTE SUB-ELEMENT GOALS, OBJECTIVES AND POLICIES GOAL 1: PROVIDE AN EFFICIENT AND ECONOMICAL BALANCE OF PUBLIC AND PRIVATE SERVICES THAT WILL ENABLE THE PEOPLE OF COLLIER COUNTY TO MEET THE ESTABLISHED REQUIREMENTS FOR SOLID WASTE DISPOSAL IN A MANNER TO ASSURE THEIR PUBLIC HEALTH AND SAFETY AND TO PROTECT THE AIR, WATER AND LAND RESOURCES OF COLLIER COUNTY. OBJECTIVE 1.1: (COLLECTION) The maintenance of a safe, dependable and efficient solid waste collection system and the development of improved methods for implementation in new franchise collection contracts that are to be open for competitive bid by 12/31/89 . Present Level of Service includes three (3) franchise collection areas: a. Unincorporated County service area; b. Immokalee service area; ( c. Marco service area and three (3) stations; l a. Naples Transfer Station; b. Marco Transfer Station; c. Carnestown Transfer Station. Policy 1.1.1: Continue to maintain and regulate collection costs to ensure efficient and dependable service affordable to all users. Policy 1.1.2 : Prior to 12/31/89 and/or competitive bid review collection methods, including storage containers, methods of pick-up, and methods of transportation and institute procedures to utilize recommended equipment and systems. Policy 1.1.3: Prior to 12/31/89 and/or competitive bid investigate methods of franchising for improved cost accounting as a part of competitive bid solid waste collection contracts. Policy 1. 1.4: Develop a Regulatory Ordinance for controlling the adequacy of equipment, periodic inspections and safety measures. SW - -23 Policy 1. 1.5: Investigate desirability of a mandatory collection ordinance. Policy 1. 1.6: Continue to evaluate economic transfer and disposal systems including transfer stations. SW - -24 OBJECTIVE 1.2 : (DISPOSAL) Continue to utilize safe and efficient methods for environmentally sound disposal of solid waste and to investigate improved methods and implement practices that meet this objective. Policy 1.2. 1: Regulate and control disposal of wastes in accordance with Florida Department of Environmental Regulation, South Florida Water Management District and the Department of Natural Resources regulations. Policy 1.2.2: Place Landfill Cell #6, Phase I, in service in FY 87/88 using the 60 mil high density polyethylene liner and leachate control system. Proceed with the design and construction of Phase II to maintain the Level of Service Standard. Policy 1.2 .3: Monitor groundwater wells and continue to closely evaluate the test data. Develop remedial actions if conditions are not satisfactory. Policy 1.2 .4: Evaluate improved methods to reduce leachate, control methane generation, recover recyclables such as, composted dirt cover material and plastic, wood, metals from landfill mining. Policy 1.2 .5: Pursue State and Federal grants and participation in feasibility projects on improved techniques for landfill operations and other methods of solid waste disposal. Policy 1.2 . 6: Implement negotiations in FY 88/89 for additional acreage to maintain the land inventory required for future landfills to meet the recommended Level of Service standards. Policy 1.2 .7: The Level of Service for Solid Waste Sub-Element shall be: a. 1. 55 tons of solid waste per capita per year. b. Two (2) years of lined landfill cell capacity at the present disposal rate. c. Ten (10) years of landfill raw land capacity at present disposal rate. SW - -25 OBJECTIVE 1.3: (RECYCLE AND RECOVERY) Develop a Solid Waste Master Plan by December 31, 1988, which shall define those processed for solid waste disposal, recycle and recovery that may be implemented from an environmental and economical viewpoint and provide a timetable for implementation of the selected processes in the Master Plan adopted by Collier County. Policy 1.3.1: Provide that current operations at Naples and Immokalee landfill continue to operate in a satisfactory manner during the time of development of the Master Plan. Policy 1.3.2: Promote and encourage programs to reduce the amount of solid waste that requires disposal at County landfills by: a. Supporting source separation and recycling programs. b. Investigate separation of material received at the landfill into recyclable categories. Policy 1.3.3: Continue investigation of cost saving methods for landfills:. a. Landfill mining to recover and recycle cover material. Landfill mining provides a method of clean-up of unlined landfills and for recycling existing acreage for new V . landfills. Landfill mining produces a compost dirt material for horticulture application and also produces a plastic, wood, rubber fraction suitable for separation into recyclable materials or for use as a fuel source. b. Investigate feasibility of using an air supported structure for controlling leachate production. c. Investigate methane gas recovery and use as fuel gas for sludge drying. Policy 1.3 .4: Define the cost of continued landfilling in Collier County over the next 5, 10 and 20 years taking into consideration: a. the cost of permitting a new landfill; b. cost of buying the land and; c. cost of transporting solid waste to an "Upland" site for land disposal. SW - -26 Policy 1.3.5: Evaluate combustion/energy resource recovery as a method of solid waste volume reduction for that portion of the waste stream that remains after all of the recycling and reclamation projects have reduced volume for landfill by all practical means. A combustion/ energy resource recovery facility would be investigated on the basis of utilization of a portion of the present bond authorization set aside for possible use for such a project. SW - _27 OBJECTIVE 1.4: (PUBLIC AWARENESS) Provide support for public and private solid waste collection, recycle, reclamation and disposal projects through public awareness and participation, to be implemented by December 31, 1989. Policy 1.4.1: Inform the public and private citizens on the advantages of an adequately funded and properly operated collection system to provide for reduction of litter and health threatening situations where garbage is not properly collected and disposed of. Policy 1.4.2: Cooperate and coordinate, where effective, in the implementation of source separation and recycling systems and to work with citizens groups to arouse interest in these methods of reducing the cost and environmental concerns of solid waste disposal. Policy 1.4.3 : Provide information in the form of public statement releases on the status of operations and plans for future operational improvements in solid waste disposal in Collier County. Policy 1.4.4: Coordinate with the public and private sectors in hazardouswaste collection programs. Policy 1.4 .5: Provide the public with information on storage, treatment and disposal of hazardous material. SW - _28 GOALS, OBJECTIVES AND POLICIES GOAL 2: TO PROVIDE A PLAN THAT CAN BE IMPLEMENTED ON A TIMELY BASIS TO PROVIDE BASIC SERVICES OF SOLID WASTE DISPOSAL FOR COLLIER COUNTY FOR A NEAR TERM GROWTH MANAGEMENT OBJECTIVE OF FIVE (5) YEARS AND A LONG TERM COUNTY PLAN FOR TWENTY (20) YEARS. OBJECTIVE 2. 1: Correct near term planning deficiencies and plan for future needs in accordance to the time frames included in the following policy statements. Policy 2 . 1.1: Initiate in FY 88/89 land purchase negotiations to obtain raw land to be developed for landfill use in 1997 . Policy 2 . 1.2 : Implement a new collection and hauling agreement by competitive bid prior to 12/31/89. Policy 2. 1.3: Place Landfill Cell No. 6, Phase I, in service in FY 87/88. Policy 2 . 1.4: Prepare closure documentation on Cells 3 and 4 in FY 88/89 . Policy 2. 1.5: Start engineering and procurement of lined landfill Cell No. 6, Phase II, in FY 88/89 . Policy 2.1. 6: Develop Master Plan by 12/31/88 , which shall define priority phases in the Master Plan development. This plan shall address maximum use where possible of existing facilities. Policy 2. 1.7: The continued use of existing facilities and the investigation of new expansion locations shall stipulate and/or implement the continued protection of groundwater recharge areas in accordance with DER and SFWMD recommended procedures. SW - -29 OBJECTIVE 2.2: Re-design existing facilities where necessary and design new solid waste landfill and/or recyclingand/or resource recovery facilities to minimize potential hazards to natural drainage and natural groundwater aquifer recharge areas. Policy 2 .2. 1: Establish standards that concur with regulations of FDER and SFWMD and implement design and construction programs for landfill liners, groundwater monitoring, leachate control, landfill run-off, and water retention areas to insure protection of natural drainage and natural groundwater aquifer recharge areas. • : SW - -30 COLLIER COUNTY GROWTH MANAGEMENT PLAN PUBLIC FACILITIES ELEMENT Natural Groundwater Aquifer Recharge Subelement January, 1989 RE-PRINTED FEBRUARY, 1991 NATURAL GROUNDWATER AQUIFER RECHARGE SUB-ELEMENT 4. 0 GOALS, OBJECTIVES, AND POLICIES The Growth Management Act requires the Comprehensive Plan to contain Goals, Objectives, and Policies that define short and long- term ends and provide activities for implementation. The Plan should contain one or more goal statements which establish the long-term end toward which programs and activities are ultimately directed. The Plan should also contain one or more objectives for each goal statement which address the functions of natural ground water recharge areas and natural drainage features. For each objective, the plan should contain one or more policies which address implementation activities for regulating land use and development to protect the functions of natural drainage features and natural ground water aquifer recharge areas. GOAL 1: THE COUNTY SHALL IDENTIFY AND PROTECT NATURAL GROUND WATER AQUIFER RECHARGE AREAS FROM ACTIVITIES THAT COULD DEGRADE AND/OR CONTAMINATE THE QUALITY OF GROUND WATER. OBJECTIVE 1. 1: By December 31, 1988 identify and map recharge areas which are most sensitive to contamination from land development and other surface activities. Policy 1. 1.1: Develop and maintain a 3-dimensional computer model that calculates cones of depression around significantly sized existing and planned potable wellfields. Policy 1. 1.2: Identify areas that are especially vulnerable to contamination because of surrounding land use, soil properties, and other hydrogeological conditions, such as the absence of confining units. Policy 1. 1.3 : Identify existing land uses that possess the greatest potential for ground water contamination. Policy 1. 1.4: Establish technically and legally defensible criteria for determining and mapping sensitive recharge areas. NGW - -18 OBJECTIVE 1.2 : By August 1, 1989 adopt a local ground water protection ordinance to protect sensitive aquifer recharge areas. Policy 1.2.1: The ordinance will address both existing and projected future land use and surface activities. Policy 1.2.2: The ordinance will provide for an appropriate level of protection for all of Collier County and enforcement powers. Policy 1.2.3: The ordinance will address the breaching of confining units by improper well construction, rock mining, excavations, blasting and other similar activities Policy 1.2.4: The County will implement the ordinance in a manner to minimize duplication of effort between the County and other state agencies. Policy 1.2.5: The County will implement regulations and permitting review procedures for development within sensitive aquifer recharge areas. C NGW - -19 OBJECTIVE 1.3: Collect and evaluate data and information designed to monitor the quality of ground water. Policy 1.3. 1: Continue the existing water quality monitoring program to provide base-line data, evaluate long-term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. Policy 1.3.2: Coordinate data gathering activities with state and federal agencies to minimize duplication of efforts and enhance the quality of information gathered. Policy 1.3.3: Assess the data annually to determine whether monitoring activities and County ordinances require expansion, modification or reduction. Policy 1.3.4: Gather and use appropriate data to refine and improve the data base used in the County's 3-dimensional ground water model. (I.__ NGW - -20 OBJECTIVE 1.4: By December 31, 1988, establish a program to continually provide ( the public with educational materials concerning ground water protection issues in Collier County Policy 1.4.1: Advise the public on the appropriate disposal methods for hazardous wastes. Policy 1.4.2 : Provide information that can be understood by the general public on Collier County's ground water system, its vulnerability to contamination and measures needed to protect it from contamination. (' NGW - -21 OBJECTIVE 1.5: By December 31, 1992, the county will develop a plan to preserve critical ground water recharge areas. Policy 1.5. 1: Develop technical criteria for determining which areas are critical to the County's long-term ground water needs. Policy 1.5.2 : Identify the critical areas and appropriate protective mechanisms. Policy 1.5.3: Identify costs, funding mechanisms and private property rights. NGW - -22 GOAL: 2 PROTECTION OF NATURAL GROUND WATER AQUIFER RECHARGE AREAS ( FROM ACTIVITIES THAT UNACCEPTABLY ALTER THE GROUND WATER RECHARGE. OBJECTIVE 2. 1: By August 1, 1989 specify local criteria for ensuring that land development activities do not unacceptably alter the timing or reduce the amount of ground water recharge. Policy 2. 1. 1: Evaluate the applicability of South Water Florida Management District's criteria for maintaining water table no more than six feet below natural ground. Policy 2.1.2: Provide guidance for defining what is meant by preservation of site ground water recharge characteristics. Policy 2.1.3: Undertake other evaluations as necessary to accomplish this objective. Policy 2.1.4: Incorporate these criteria into a comprehensive ground water protection ordinance. NGW - -23 DRAINAGE/WATER MANAGEMENT SUBELEMENT COLLIER COUNTY GROWTH MANAGEMENT PLAN Prepared by: The Water Management Department of the Environmental Services Division January, 1989 Amended February, 1991 RE-PRINTED FEBRUARY, 1991 GOALS, OBJECTIVES AND POLICIES GOAL 1: PROVIDE DRAINAGE AND FLOOD PROTECTION FOR EXISTING AND FUTURE DEVELOPMENT, MINIMIZE THE DEGRADATION OF QUALITY OF RECEIVING WATERS AND SURROUNDING NATURAL AREAS AND PROTECT THE FUNCTIONS OF NATURAL GROUNDWATER AQUIFER RECHARGE AREAS. OBJECTIVE 1.1: Prepare by July 1, 1989, a detailed Water Management Master Plan to identify the existing watershed basin boundaries within Collier County, evaluate the design storm capacity of the drainage facilities within each basin, and determine the costs necessary to increase the facility capacities to selected design storm standards. Policy 1. 1. 1: Outline how to ensure that existing natural systems, existing developments, and proposed developments will receive beneficial consideration from proposed water management procedures and projects. Policy 1.1.2: Outline how to implement procedures and projects to ensure that at the time a development permit is issued, adequate water management facility capacity is available or will be available when needed to serve the development. Policy 1. 1.3: Develop public drainage facilities to maintain the groundwater table as a source of recharge for the potable water aquifers and meet the water needs for agricultural and commercial operations and native vegetation. Policy 1. 1. 4: Projected demands for the period 1994 through 1999 will be addressed in the proposed Water Management Master Plan. Policy 1. 1.5: The Water Management Master Plan will evaluate the feasibility of restoring surface water flow into historical flow-ways and utilizing them to help control discharge into the estuaries. D-I-19 OBJECTIVE 1.2: Adopt drainage level of service standards for basins and sub-basins (' identified in the Water Management Master Plan. * Policy 1.2. 1: By April 30, 1989, the County will utilize the findings of the completed portions of the Water Management Master Plan to identify existing levels of service for all the drainage basins and sub-basins. (Completed in May, 1990) . * Policy 1.2.2 : The following levels of service for drainage are hereby adopted for the purpose of issuing development permits: A. Future "private" developments - water quantity and quality standards as specified in Collier County Ordinances 74-50 and 90-10. B. Existing "private" developments and existing or future public drainage facilities - those existing Levels of Service identified (by design storm return frequency event) by the completed portions of the Water Management Master Plan as follows: LEVELS OF SERVICE ATTAINED BY BASINS BASIN LEVEL OF SERVICE ( MAIN GOLDEN GATE SYSTEM Main Golden Gate Canal Basin D Cypress Canal Basin D Harvey Canal Basin D I-75 Canal Basin D Green Canal Basin C Airport Road Canal South Basin D Corkscrew Canal Basin D Orange Tree Canal Basin D 951 Canal Central Basin C DISTRICT NO. 6 SYSTEM Rock Creek Basin D C-4 Canal Basin C Lely Main Canal Basin D Lely Canal Branch Basin D Lely Manor Canal Basin D Haldeman Creek Basin D Winter Park Outlet Basin D * Amended February, 1991 D-I-20 LEVELS OF SERVICE ATTAINED BY BASINS (continued) BASIN LEVEL OF SERVICE COCOHATCHEE RIVER SYSTEM Cocohatchee River Basin D Pine Ridge Canal Basin C Palm River Canal Basin D West Branch Cocohatchee River Basin C East Branch Cocohatchee River Basin D Airport Road Canal North Basin D 951 Canal North Basin D GORDON RIVER EXTENSION Gordon River Extension Basin D Goodlette-Frank Road Ditch Basin D HENDERSON CREEK BASIN Henderson Creek Basin D FAKA-UNION SYSTEM Faka-Union Canal Basin D Miller Canal Basin D Merritt Canal Basin C Prairie Canal Basin C SOUTHERN COASTAL BASIN US-41 Outfall Swale No. 1 Basin D US-41 Outfall Swale No. 2 Basin D Seminole Park Outlet Basin C BARRON RIVER SYSTEM Okaloacoochee Slough Basin D Barron River Canal North Basin C Urban Immokalee Basin C MISCELLANEOUS INTERIOR WETLAND SYSTEMS Corkscrew Slough Basin D Policy 1.2.3: Enlarge the scope of the Water Management Master Plan to include recommendations for changing Levels of Service together with analysis of capital requirements. D-I-2.1 OBJECTIVE 1.3: Beginning with fiscal year 1988-89, a five year schedule of capital improvement needs for water management facilities will be maintained and updated annually in conformance with the review process for the Capital Improvement Element of this plan. Policy 1.3.1: Develop procedures to update water management facility demand and capacity information. Policy 1.3.2: Prepare periodic summaries of capacity and demand information for each water management facility and service area. Policy 1.3.3: Water management capital improvement projects will be evaluated and ranked according to the priorities stated in the Capital Improvement Element of this plan. Policy 1.3.4: Major emphasis shall be given to improving existing drainage facilities in and around urban and estates designated areas (on the adopted Future Land Use Map) to maintain their use. D-I-22 OBJECTIVE 1.4: Beginning with fiscal year 1988-89, develop policies and programs to correct existing deficiencies and provide for future facility needs for those projects which may be outlined in the proposed Water Management Master Plan and individual basin studies. Policy 1.4.1: Water management projects shall be undertaken in accordance with the schedule provided in the Capital Improvements Element of this plan. Policy 1.4.2: Correct existing deficiencies and provide for future facility needs through the formulation and implementation of annual work programs. Policy 1.4.3: Develop a public awareness program to inform the governmental leadership and general public of the need to utilize total watershed management concepts within the existing drainage systems and the environmental enhancements that will result from their implementation. (I D-I-23 OBJECTIVE 1.5: Regulate land use and development to protect the functions of natural drainage features and natural groundwater aquifer recharge areas through the development of land development regulations by the time mandated for the adoption of land development regulations pursuant to Chapter 163 .3202 , F.S. , including any amendments thereto. Policy 1.5.1: Annually review all appropriate water management ordinances and regulations to determine their effectiveness in protecting the functions of the natural drainage features and natural groundwater aquifer recharge areas. Policy 1.5.2 : Develop any appropriate new ordinances and regulations necessary to ensure protection of the functions of natural drainage features and natural groundwater aquifer recharge areas. (7 D-I-24 COLLIER COUNTY GROWTH MANAGEMENT PLAN CONSERVATION AND COASTAL MANAGEMENT ELEMENT Prepared by: Emergency Management Department and Environmental Resources Management January 10, 1989 Amended May, 1990 Amended February, 1991 RE-PRINTED FEBRUARY, 1991 CONSERVATION AND COASTAL MANAGEMENT ELEMENT SECTION I. GOALS, OBJECTIVES AND POLICIES GOAL 1: THE COUNTY SHALL CONTINUE TO PLAN FOR THE PROTECTION, CONSERVATION, MANAGEMENT AND APPROPRIATE USE OF ITS NATURAL RESOURCES. * * OBJECTIVE 1.1: By August 1, 1994, the County will complete the development and implementation of a comprehensive environmental management and conservation program that will ensure that the natural resources, including species of special status, of Collier County are properly, appropriately, and effectively identified, managed, and protected. Species of special status are defined as species listed in the current "official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida" , published by the Florida Game and Fresh Water Fish Commission. Policy 1.1.1: By August 1, 1989, appoint, and establish operational procedures for a technical advisory committee to advise and assist the County ( in the activities involved in the development and implementation of ` ,. the County Environmental Resources Management Program. Policy 1.1.2: By the time mandated for the adoption of land development regulations pursuant to Chapter 163 . 3202 , F.S. , including any amendments thereto August 1, 1989 incorporate the goals, objectives, and policies contained within this Element into the County's land development regulations as interim environmental resources protection and management standards. Policy 1. 1.3: By January 1, 1990, the County will have in place an appropriately administered and professionally staffed governmental unit capable of developing, administering, and providing long-term direction for the Collier County Environmental Resources Management Program. Policy 1. 1.4: Ensure adequate and effective coordination between the Environmental Resources Management Program staff and all other units of local government involved in land use activities and regulations. * * Amended May, 1990 C-I-1 Policy 1.1.5: Avoid unnecessary duplication of effort and continue coordination (� and cooperation with private, Regional, State, and Federal agencies \. and organizations. Work with other local governments to identify and manage shared natural resources. Policy 1. 1.6: When developing the County conservation program, attempt to equitably balance the relationship between the benefits derived and the costs incurred to both the public and private sectors. Policy 1. 1.7: By August 1, 1994 , complete the phased preparation and adoption of all natural resources management and environmental protection standards and criteria needed for use in the Collier County land development review process. Implementation shall occur on an annual basis as standards and criteria are developed. * * Policy 1.1.8: The County will continue to require the submittal of a properly prepared (as defined by County Ordinance 77-60) Environmental Impact Statement for all proposed developments of ten acres or greater, and all proposed developments that may be determined as environmentally significant by the County Manager or the Manager's designees. * * Amended May, 1990 C-I-2 ( OBJECTIVE 1.2: By January 15, 1990 have in place the framework for an integrated, computer-based environmental resources data storage, analysis, and graphics system. Policy 1.2.1: As much as possible, the system will be compatible and capable of being tied into existing geographic information and/or data management systems currently utilized by the South Florida Water Management District, Southwest Florida Regional Planning Council, the Florida Department of Natural Resources, and the Florida Natural Areas Inventory. Policy 1.2.2: Data gathering will be coordinated with that of Federal, State and Private resource management organizations to minimize duplication of effort and enhance the quality of information. Policy 1.2 .3: Collected and/or compiled data will be organized by established watershed and sub-basin units. Policy 1.2.4: County environmental resources data will be made available to both public and private entities in order to promote and improve local environmental resources planning and management. Policy 1.2.5: The system will be maintained by the County staff and updated on a cooperative basis by qualified public and private organizations. C-I-3 * * OBJECTIVE 1.3: By August 1, 1994, complete the phased delineation, data gathering, management guidelines and implementation of the County Natural Resources Protection Areas (NRPA) program. The purpose of Natural Resources protection areas will be to protect endangered or potentially endangered species (as listed in current "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida" , published by the Florida and Fresh Water Fish Commission) and their habitats. Policy 1.3.1: The program will include the following: a. Identification of the NRPAs in map form as an overlay to the Future Land Use Plan Map; b. A process for verifying the existence and boundaries of NRPAs during development permit applications; c. Guidelines and standards for development of NRPAs including conservation guidelines to protect natural resource values, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded; d. A review process, integrated into the normal development (i application review, to ensure that the guidelines and standards are being met and, in those cases where Environmental Impact Statements are prepared, that the site-specific and cumulative environmental impacts of development are being adequately assessed and addressed; e. A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchases) . Other options should include, but not be limited to, tax incentives and transfer of development rights; f. A program to pursue Delegation of Authority agreements with State and Federal permitting agencies for local regulation of activities that may alter the biological and physical characteristics of NRPA; g. The County shall seek assistance from and support State (e.g. CARL, SOR) or Federal land acquisition programs for County areas qualifying as NRPAs. * * Amended May, 1990 C-I-4 // Policy 1.3.2: t By August 1, 1990, designate and adopt management guidelines for the undeveloped coastal barrier and estuarine natural resources protection area. Policy 1.3.3: Guided by the Technical Advisory Committee, between August 1, 1990 and August 1, 1994, designate and adopt management guidelines and performance standards for County natural resource protection areas. Implementation shall occur on an annual basis as NRPAs and their implementation criteria are developed. Policy 1.3.4: Where possible, the implementation of the NRPA program shall be coordinated with the preparation and implementation of watershed and sub-basin management plans. 14. C-I-5 GOAL 2 : THE COUNTY SHALL PROTECT ITS SURFACE AND ESTUARINE WATER ,,, RESOURCES. OBJECTIVE 2 .1 By January 1, 1993, the County shall prepare Watershed Management Plans. Policy 2.1.1: These Plans will evaluate activities in the watersheds that drain into the estuaries in order to evaluate cumulative impacts on the estuarine system as well as impacts within the watersheds themselves. Policy 2 .1.2 : The Plans will provide for various tasks such as monitoring land disturbing activities in the watersheds, collecting canal flow and water quality data, stormwater quality data, and assessing habitat changes. Policy 2.1.3: The Plans will also evaluate structural and non-structural controls for restoring historical hydroperiods in impacted watersheds where possible and for reducing the impacts of canal and stormwater discharges to estuaries. Policy 2 . 1.4: All watershed Management Plans should address the following concepts: a. Appropriate wetlands are conserved; b. Drainage systems do not unacceptably affect wetland and estuary ecosystems; c. Surface water that potentially could recharge ground water is not unduly drained away; d. When feasible the extent and effects of salt water intrusion are lessened; e. The timing and flow of fresh water into the estuaries from the watershed shall, as a minimum not degrade, estuarine resource value; and f. The needs of the watershed's natural resources and human populations are balanced. g. The effects on natural flood plains, stream channels, native vegetative communities and natural protective barriers which are involved in the accommodation of flood waters; and C-I-6 h. Non-structural rather than structural methods of surface water management should be considered first in any proposed new works. Policy 2.1.5: As appropriate, integrate environmental resources data collection, planning, and management activities with the water management basin studies described in other parts of this Plan. Policy 2. 1. 6: Promote intergovernmental cooperation between Collier County and the municipalities of Naples and Everglades City for consistent watershed management planning. Policy 2.1.7: Until the completion and adoption of individual watershed management plans, promote water management permitting on a basin by basin approach. C-I-7 OBJECTIVE 2.2: All canals, rivers, and flow ways discharging into estuaries shall meet all applicable Federal, State, or local water quality standards. Policy 2.2.1: Wastewater treatment plants shall not be allowed to discharge directly to rivers, canals or jurisdictional wetlands unless they meet DER regulations and are not in violation of other goals, objectives, and policies of this element. Policy 2.2.2: In order to limit the specific and cumulative impacts of stormwater run-off, stormwater systems should be designed in such a way that discharged water does not degrade receiving waters and an attempt is made to enhance the timing, quantity and quality of fresh water to the estuarine system. Non-structural methods such as discharge and storage in wetlands is encouraged. Policy 2.2 .3: Chemical spraying for aquatic weed control should be conducted with extreme caution. The use of appropriate biological and mechanical (use of harvesting equipment to remove vegetation) controls in both the canal system and stormwater detention ponds is encouraged. Manufacturers and EPA guidelines for chemical use in aquatic habitat will be followed. Policy 2.2.4: Continue and expand when needed the existing water quality monitoring program for sampling canals and rivers and assess the data annually. C-I-8 OBJECTIVE 2.3: By January 1, 1992, all estuaries shall meet all applicable federal, state and local water quality standards. Policy 2.3. 1: No new untreated point source discharge shall be permitted directly to the estuarine system or rivers or canals that flow into the estuarine system. Policy 2.3.2: Stormwater systems discharging directly to estuaries shall be designed to meet the same requirements as stated in Policy 2.2 .2 . Policy 2.3.3: In an attempt to increase ground water levels and to restore the natural hydroperiod for the natural freshwater input to the estuarine system, any future modification of public water control structures in the watershed above the control structure which would amount to 50% or more of the cost of a new structure shall be designed to retain as much water as appropriate. Policy 2 .3.4: By March 1, 1990, develop and implement a water quality and sediment monitoring program for the estuarine system. Policy 2.3.5: By April 1, 1989, initiate the development of an interlocal agreement with the City of Naples regarding coordinated and cooperative planning, management, and funding programs for limiting specific and cumulative impacts on Naples Bay and its watershed. At a minimum this agreement shall include the following: a. Insure adequate sites for water dependent uses, b. Prevent estuarine pollution, c. Control run-off, d. Protect living marine resources, e. Reduce exposure to natural hazards, f. Ensure public access, g. Provide a continuing monitoring program. Policy 2.3. 6: Restrict development activities where such could adversely impact coastal water resources. C-I-9 OBJECTIVE 2.4: By October 1, 1989, pursue an agreement with the Department of (7 Natural Resources regarding coordinated and cooperative planning, management and monitoring programs for Rookery Bay and Cape Romano- Ten Thousand Islands Aquatic Preserves and their watersheds. Policy 2 .4. 1: At a minimum the County shall notify DNR of proposed land development projects that could affect these preserves. Policy 2.4.2: The County shall request the Department of Natural Resources staff participate in the development of future coastal and watershed management plans. Policy 2.4.3: The County will request the cooperation of the Department of Natural Resources to gather data and information needed for monitoring water quality, habitat changes and land use activities within the watersheds of these preserves. C-I-10 OBJECTIVE 2.5: By August 1, 1992, the County will complete the development of an estuarine management program. Policy 2.5.1: Identify land use activities that have the potential to degrade the estuarine environmental quality. Policy 2.5.2: This management program shall incorporate information obtained from the various watershed management plans described elsewhere in this element. Policy 2 .5.3: This program shall in part be based on the estuarine data analyses and management recommendations contained in the County's coastal management program's technical reports. C-I-11 GOAL 3: THE COUNTY SHALL PROTECT THE COUNTY'S GROUND WATER RESOURCES TO ENSURE THE HIGHEST WATER QUALITY PRACTICAL. OBJECTIVE 3.1: By January 1, 1989, the County shall develop and implement a well construction compliance program. Policy 3.1.1: County inspectors who are appropriately trained and knowledgeable of drilling and grouting techniques required in Collier County will inspect the drilling and grouting process of all types of wells drilled in the County. Policy 3. 1.2: Amend ordinance 85-54 to include well drillers as a licensed contractor in Collier County. Policy 3.1.3: By April 1, 1989 adopt South Florida Water Management District's well construction standards in a new ordinance that will provide for inspections and penalties if well drillers do not follow these standards. Policy 3.1.4: Establish a committee of well contractors and drillers, County staff, Health Department staff, and South Florida Management District staff to evaluate the need for well construction standards that are more specific to Collier County and reflect Collier County conditions. Policy 3.1.5: Begin informing well contractors and drillers and the public on the necessity for proper well construction. Hold workshops for well drillers on proper techniques for well construction in Collier County. Policy 3. 1.6: The County shall cooperate with the South Florida Water Management District in identifying and plugging improperly abandoned wells. C-I-12 OBJECTIVE 3.2: By August 1, 1989, identify and map zones of influence and contribution around potable wellfields in order to identify activities that must be regulated to protect ground water quality near wellfields. (Refer to Objective 1. 1 in the Natural Ground Water Aquifer Recharge Sub-Element. ) Policy 3.2. 1: Develop and maintain a 3-dimensional computer model that calculates cones of depression around significantly sized existing and planned potable wellfields Policy 3 .2.2: Use the results of this analysis to modify the calculated "cones of influence" and amend the Comprehensive Plan to include these areas as "environmentally sensitive lands" . Policy 3.2.3: Identify existing land uses that possess the greatest potential for wellfield contamination. Policy 3.2 .4: Establish technically and legally defensible criteria for determining and mapping zones of protection. C-I-13 OBJECTIVE 3.3: By August 1, 1989 adopt a local ground water protection ordinance to protect existing and future potable welifields. (Refer to Objective 1.2 in the Natural Ground Water Aquifer Recharge Sub- element. ) Policy 3.3.1: The ordinance will address both existing and projected future land use and surface activities including, but not limited to: a. Petroleum storage tanks, b. Other identified hazardous materials and wastes of a specified quantity, c. Mineral extraction d. Industrial and domestic wastes e. Stormwater. Policy 3.3.2: The ordinance will provide for an appropriate level of protection for all of Collier County and include demonstrated performance standards. Policy 3.3.3: The ordinance will address the breaching of confining units by improper well construction, rock mining, excavations, blasting and other similar activities Policy 3.3.4: The County will implement the ordinance in a manner to minimize duplication of effort between the County and other state agencies. Policy 3.3.5: The County will implement regulations and permitting review procedures. C-I-14 OBJECTIVE 3.4: Collect and evaluate data and information designed to monitor the quality of ground water in order to identify the need for additional protection measures. (Refer to Objective 1. 3 in the Natural Ground Water Aquifer Recharge Sub-element. ) Policy 3.4.1: Continue the existing water quality monitoring program to provide base-line data, evaluate long-term trends, identify water quality problems, and evaluate the effectiveness of the County's ground water protection program. Policy 3.4.2: Coordinate data gathering activities with state and federal agencies to minimize duplication of efforts and enhance the quality of information gathered. Policy 3.4.3: Assess the data annually to determine whether monitoring activities and County ordinances require expansion, modification or reduction. Policy 3.4.4: Gather and use appropriate data to refine and improve the data base used in the County's 3-dimensional ground water model. C-I-15 GOAL 4: THE COUNTY SHALL CONSERVE, PROTECT AND APPROPRIATELY MANAGE THE COUNTY'S FRESH WATER RESOURCES. OBJECTIVE 4.1: By June 1, 1989, establish a mechanism to collect and evaluate data and information designed to more accurately determine water use in Collier County. Policy 4.1.1: Use as much as possible the existing reporting requirements and computer data base of the South Florida Water Management District. Policy 4.1.2: Work with the agricultural community to devise a method for determining agricultural pumpage. Policy 4.1.3: Compile from appropriate local, state, federal and private organizations the water use requirements of the native plant and animal community associations within the County. C-I-16 OBJECTIVE 4.2: The County will promote conservation of its water supply and by January 1, 1991, develop a comprehensive conservation strategy which will identify specific goals for reducing per capita potable water consumption. Policy 4.2.1: Continue to rely on the South Florida Water Management District to take appropriate measures to conserve water in emergency situations. Policy 4.2.2: Negotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where same is available from existing and future wastewater treatment plants. Policy 4.2.3: Identify existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, parks and highway medians, and incorporate these into future planning for effluent disposal. Policy 4.2 .4: Identify existing and future privately owned lands suitable for irrigation with treated wastewater effluent, such as cemeteries, agricultural operations, nurseries and commercial/industrial parks, and incorporate these into future planning for effluent disposal. Policy 4.2 .5: -4 ' By December 31, 1989, develop a public information program and adopt a resolution informing the public about the use of treated wastewater effluent for residential irrigation. Policy 4.2 . 6: By December 31, 1989, develop a public information program and adopt a resolution promoting the use of plants native to southwestern Florida in all landscaping and promote the 'xeriscape' concept as defined by the South Florida Water Management District. C-I-17 GOAL 5: THE COUNTY SHALL PROTECT, CONSERVE AND APPROPRIATELY USE ITS MINERAL AND SOIL RESOURCES. OBJECTIVE 5.1: Allow the extraction or use of mineral resources in the County provided such activities comply with applicable industry and government standards regarding health, safety, and environmental protection. Policy 5.1.1: The County shall allow mineral extraction operations as provided in the zoning code. Policy 5.1.2: A water use plan must be prepared by the applicant and approved by the County Water Management Department before new mineral operations are permitted. Policy 5.1.3: Mineral extraction operations shall comply with standards and criteria as provided in the County's Excavation and Blasting Ordinances. Policy 5. 1.4: Depth of excavation and dewatering shall be restricted in areas where saline water can intrude into the bottom of the pits. (Also, refer to Policy 3. 3 . 1) . Policy 5.1.5: Monitoring shall be required to determine compliance with state water quality standards. Mining activities shall stop if water quality standards are violated as a result of the mining operation. C-I-18 OBJECTIVE 5.2: By August 1, 1992, develop a program to ensure adequate assessment and mitigation of site specific and cumulative impacts resulting from mineral extraction activities. Policy 5.2.1: The Program will define reclamation standards for the protection and restoration of wildlife habitat. Policy 5.2.2: Pursue memoranda of understanding with applicable state agencies to avoid duplication of effort. C-I-19 OBJECTIVE 5.3: By August 1, 1992, determine the quantity of existing mineable resources in Collier mineral County. Policy 5.3.1: Work with the Department of Natural Resources and the Florida Geological Survey and local mining industry officials to inventory and evaluate the existing mineral reserves in Collier County. C-I-20 OBJECTIVE 5.4: By December 1989, the County shall establish a program to control soil erosion. Policy 5.4.1: Review Florida Department of Environmental Regulation and Florida Department of Transportation best management practices for soil erosion and control and establish guidelines for temporary and permanent erosion control practices for construction and other non-agricultural land disturbing activities. Policy 5.4.2 : Incorporation these guidelines where appropriate as stipulations for land development orders. Policy 5.4.3: Establish design criteria for reducing sedimentation into receiving waters from soil erosion of stormwater conveyance channels and outlets. Policy 5.4.4: Rely on Soil Conservation Service and Institute of Food and Agriculture Service to provide the County with appropriate soil conservation guidelines for agriculture. C-I-21 GOAL 6: THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. * * OBJECTIVE 6. 1: By August 1, 1992, identify, define and prepare development standards and criteria for all important native County habitats. Until the adoption of specific development criteria, the County will continue to follow current practices of habitat and species protection through negotiations between County staff and development interests as part of the public hearing process. These negotiations are based on provisions in County Ordinances including Ordinance 75-21, the Tree Removal Ordinance; Ordinance 77-66, the Environmental Impact Statement Ordinance; Ordinance 80-19 , the Coastal Construction Control Line Ordinance; Ordinance 82-37, the Exotic Plants Ordinance; and Ordinance 74-9 , the Exotic Fish Ordinance. Policy 6.1. 1: By August 1, 1990, inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species for intertidal and coastal strands, undeveloped coastal barriers, and xeric scrub habitats, with criteria for development and standards for land clearing in these habitat areas. Policy 6.1.2: By August 1, 1991, inventory, define and prepare development (- standards and criteria, based on the presence of dominant or indicative species, for marine, freshwater, and transitional zone wetlands, and hardwood hammocks. Policy 6. 1.3: By August 1, 1992, inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species, for pine flatwoods and dry prairie habitats. Policy 6.1.4: All other species associations that may be defined as a discrete habitat community will be considered for development criteria and standards for land clearing as part of this process. Policy 6.1.5: The above developed criteria and standards shall be modified as appropriate as individual watershed management plans and NRPAs are developed. * * Amended May, 1990 C-I-22 Policy 6.1.6: Flexibility, in the form of area tradeoffs or mitigation, should be allowed in the determination of areas within and among developments to be preserved. Policy 6.1.7: Until definitions for habitat associations and standards for development are adopted as land development standards, criteria specified in other objectives and policies of this element will apply. f,. C-I-23 OBJECTIVE 6.2: There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6.3 . Policy 6.2.1: Until such time that Natural Resource Protection programs/plans (Objectives 1. 3 , 2 .5 and 11. 6) and development standards for habitat areas (Objective 6. 1) are adopted, the following policies shall serve as interim criteria for incorporation into all development orders. Policy 6.2.2: All wetlands are designated as environmentally sensitive areas. Policy 6.2.3: Altered or disturbed wetlands are considered to be not viable, not naturally functioning, degraded wetland ecosystems. Policy 6.2 .4: The following policies shall not be construed to prevent timbering operations so long as timbering operations utilize best management practices to minimize the effects on the wetlands. Policy 6.2.5: Creation of new wetlands, where mitigation is required, is encouraged first in upland areas where exotics dominate. Policy 6.2. 6: Marine wetlands are defined as areas with a water regime determined primarily by tides and the dominant vegetation is salt tolerant plant species including those species listed in Subsection 17-4.02 (17) , Florida Administrative Code, "Submerged Marine Species" and seaward of the Coastal Management Boundary as shown on the Future Land Use map, exclusive of subtidal habitats as addressed in Objective 6. 6. Policy 6.2.7: Mitigation for development in altered marine wetlands shall include enhancement or restoration of other altered wetlands or creation of new wetlands either on at least an equal area basis or where an alternative found appropriate by the Board of County Commissioners mitigates any altered wetlands in order to limit cumulative and specific impacts on Coastal wetland and wildlife resources. Policy 6.2 .8: All mitigation for development in Coastal area wetlands should occur in the Coastal area. C-I-24 Policy 6.2.9: Wetlands, including transitional wetlands, shall be defined pursuant to the current definitions of the Florida Department of Environmental Regulation. Policy 6.2.10: Any development activity within a viable naturally functioning freshwater wetland not part of a contiguous flow way shall be mitigated in accordance with current South Florida Water Management District mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat. Policy 6.2.11: For mitigation of freshwater wetlands outside of the Coastal area, first consideration shall be given to mitigation on site, followed by mitigation in the adjacent contiguous area, followed by mitigation in the same watershed, followed by mitigation in adjacent watersheds. Policy 6.2 .12: For projects that require wetland mitigation an entity shall be designated responsible to monitor the compliance of the mitigation stipulation. Policy 6.2.13: Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cluster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre-development hydroperiod. Policy 6.2 . 14: Where appropriate, incorporate on-site freshwater wetlands into stormwater management plans in order to restore and enhance the historic hydroperiod and ensure the continuity of natural flow way. C-I-25 OBJECTIVE 6.3: A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non-agricultural development unless otherwise mitigated through the DER and the COE permitting process and approved by the County. Policy 6.3.1: The transitional zone wetland shall be defined as an area of which at least 50% is inhabited by those species, considering all strata, listed in the wetland definition used by the Florida Department of Environmental Regulation. Policy 6.3.2: Development activities within the transitional zone areas shall be mitigated on a case by case basis. Mitigation of transitional wetlands may take several forms. Among the types of mitigation that are appropriate are preservation, enhancement or of restoration of wetland areas, or preservation, enhancement or restoration of important upland native vegetative communities or wildlife habitat. Policy 6.3.3: Credits toward the Park and Recreational Impact Fee shall be given any conservation buffer or transitional zone wetlands preserved on site for passive recreation uses. The credit shall be set on a per acre preserve basis. A conservation easement or other permanent dedication shall be created for any buffer or wetland for which an impact fee credit is given. C-I-26 OBJECTIVE 6.4: A portion of each viable, naturally functioning non-wetland native habitat type shall be preserved or retained as appropriate. Policy 6.4.1: By the time mandated for the adoption of land development regulations pursuant to Chapter 163 .3202, F.S. , including any amendments thereto August 1, 1989, appropriate ordinances shall be modified to require that viable naturally functioning native habitat communities be identified on all plans for developments requiring site development plans. Policy 6.4.2: Flexibility in the form of area tradeoffs or mitigation should be allowed in the determination of areas within developments to be . preserved. Policy 6.4.3: Require new developments to submit and implement a plan for exotic plant removal and long-term control. Such implementation may be considered as mitigation. Policy 6.4.4: Any development proposal in a "ST" zoned area or any other area designated "environmentally sensitive" shall have a site inspection, where appropriate, by County staff and be reviewed for approval as defined in the "ST" zoning procedure. Policy 6.4.5: Developments .greater than 2.25 acres shall be required to receive a tree removal permit according to the requirements of the Protected Tree Ordinance. Until the adoption of comprehensive land development regulations, tree removal permits shall incorporate criteria contained in all applicable objectives and policies of this Conservation and Coastal Management Element. Policy 6.4.6: All new residential developments greater than 2 .5 acres in the Coastal Area and greater than 20 acres in the coastal urban area shall retain 25% of the viable naturally functioning native vegetation on site, including both the understory and the ground cover emphasizing the largest contiguous area possible. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. Areas of landscaping and open space which are planted with native species shall be included in the 25% requirement considering both understory and groundcover. Where a project has included open space, recreational amenities, or preserved wetlands that meet or exceed the minimum open space criteria of Collier County, this policy shall not be construed to require a larger percentage of open space set aside to meet the 25% native vegetation policy. This policy shall not be interpreted to C-I-27 allow development in wetlands, should the wetlands alone constitute more than 25% of the site. Exceptions shall be granted for parcels ( that cannot reasonably accommodate both the native vegetation and the proposed activity. Policy 6.4.7: All other types of new development shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the County development review process. Preservation of different contiguous habitats is to be encouraged. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. However, this policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than the portion of the site required to be preserved. Exceptions shall be granted for parcels which can not reasonably accommodate both the preservation area and the proposed activity. Policy 6.4.8: Agriculture shall be exempt from the above preservation requirements provided that any new clearing of land for agriculture shall not be converted to non-agricultural development for at least ten years. For any such conversions in less than ten years, any County-imposed restoration measures of the site must be restored to native vegetation. C-I-28 OBJECTIVE 6.5: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S. , including any amendments thereto, the County shall amend the zoning code to incorporate native vegetation into landscape designs. Policy 6.5.1: Priorities for incorporating non-noxious native vegetation into landscape design shall be as follows: a. The first choice is to keep and enhance existing native habitats on site and intact for incorporation into the landscape design. b. If this is not practicable, then consideration should be given to transplanting existing species to another location on site. c. If this is not practicable, then attempt to use native species to recreate lost native habitat. d. If re-creating the native habitat is not practicable, then the new landscape design shall incorporate the use of plants that promote "xeriscape" principles. Policy 6.5.2: Landscape ordinances will identify specific plant coverage and assemblage requirements. C-I-29 OBJECTIVE 6.6: There shall be no net loss of important, viable, naturally occurring, submerged, marine habitat. Policy 6.6.1: By August 1, 1990, identify, inventory, and map both disturbed and undisturbed sea grass beds and other submerged marine habitats that are deemed important. Policy 6.6.2: By August 1, 1991, regulate boat traffic and other uses and activities as necessary to conserve, protect, and enhance, as appropriate, these habitats. Policy 6.6.3: Where applicable guidelines of Department of Natural Resources and Department of Environmental Regulations for Outstanding Florida Waters and Aquatic Preserves shall be considered to review land development projects in and near sea grass beds. (: C-I-30 OBJECTIVE 6.7: ( The County will protect, conserve and appropriately use ecological communities shared with or tangential to State and Federal lands and other local governments. Policy 6.7.1: The County shall coordinate with adjacent counties, State and Federal agencies, other owners of lands held in the public trust, and the Southwest Florida Regional Planning Council to protect unique communities located along the County's border by controlling water levels and enforcing land development regulations with regard thereto. Policy 6.7.2: By January 1, 1990, develop a procedure with the appropriate counties to meet at a specified frequency to discuss upcoming land development projects that would have an impact on ecological communities in both Counties. Policy 6.7.3: The County shall assist to assure compliance with all State and Federal Regulations pertaining to endangered and rare species living in such "shared" ecological systems. C-I-31 OBJECTIVE 6.8: The County shall protect natural reservations from the impact of ( . surrounding development. Policy 6.8. 1: All requests for land development within 1000 feet of natural reservations shall be reviewed as part of the County's development review process to insure no unacceptable impact to the natural reservation. Policy 6.8.2: Criteria contained in applicable objectives and policies of this element shall apply to development near natural reservations. C-I-32 GOAL 7: THE COUNTY SHALL PROTECT AND CONSERVE ITS FISHERIES AND WILDLIFE. OBJECTIVE 7.1: The County shall continue to improve marine fisheries productivity by building additional reefs. Policy 7.1.1: By January 1, 1992, the County shall build an additional three artificial reefs Policy 7.1.2: The County will coordinate its activities with the Florida Department of Natural Resources, the Marine Extension Office and other appropriate agencies. C-I-33 OBJECTIVE 7.2: By January 1, 1990, West Indian Manatee deaths shall not exceed the ( 5-year average of 1983 through 1987 of 11 deaths. Policy 7.2 .1: Characterize and map designated critical manatee critical habitats and evaluate areas of greatest potential threats. Policy 7.2.2: Establish restricted boat speed zones, channelized zones or route boat traffic around in areas where the greatest threat to injury of manatees is from boats. Policy 7.2.3: In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 11. 1. 5) . Policy 7.2 .4: The County will work with appropriate State and Federal agencies to identify areas where propeller driven boats will be prohibited. C-I-34 OBJECTIVE 7.3: By January 1, 1992, the County shall develop and implement programs for protecting fisheries and other animal wildlife. • Policy 7.3.1: The County shall continue to enforce its existing sea turtle protection ordinance which provides standards for shielding outdoor lighting, protecting nests from surrounding construction activities, and relocating nests. • Policy 7.3.2: Prepare a guide for homeowners and builders which explains the need for protecting sea turtles and how this can be accomplished. * * Policy 7.3.3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163. 3202 , F.S. , including any amendments thereto, the County will prepare management guidelines to be incorporated as stipulations for land development orders and to inform land owners and the general public of proper practices to reduce disturbances to eagle nests, red-cockaded woodpeckers, Florida Panther, and wood stork habitat. By January 1, 1992, the County will complete the preparations of management guidelines for other species of special status. * * Policy 7.3.4: Until management guidelines are prepared, the County will evaluate and apply applicable recommendations of Technical Assistance to Local, and U. S. Fish and Wildlife Service federal guidelines regarding the protection of species of special status as stipulations to development orders. Policy 7.3.5: The County's policy is to protect gopher tortoise burrows wherever they are found. It is recognized, however, that there will be unavoidable conflicts which will require relocation of burrows. The suitability of alternate sites should be evaluated as to: a. physical suitability of the site, b. long-term protection, c. conflicts with other management objectives for the land, and d. costs of relocation. * * Amended May, 1990 C-I-35 * * Policy 7.3. 6: A species survey to include at a minimum, species of special statusk„ that are known to inhabit biological communities similar to those existing on site and conducted in accordance with the requirements of the Florida Game and Fresh Water Fish Commission shall be required for developments greater than 10 acres as part of the County's EIS review process. * * Policy 7.3.7: The County shall notify the Florida Game and Fresh Water Fish Commission of the existence of any species with special status that may be discovered as a result of the species survey required in Policy 7. 3. 6. * * Policy 7.3.8: By July 1, 1990, the County will review and revise, if necessary, its existing ordinances regulating exotic species (Ordinance 82-37, The Exotic Plant Ordinance, Ordinance 74-9, The Exotic Fish Ordinance, Ordinance 82-2, the Zoning Code) , which provide for appropriate possession, use, and harvesting of undesirable exotic species, as identified by ordinance. * * Policy 7.3.9: The County will support the efforts of the U.S. Fish and Wildlife Service's Panther Recovery Plan by designating significant portions of the known habitat for the County's Florida Panther as "Areas of Environmental Concern" on the County Future Land Use Map. * * Amended May, 1990 C-I-36 GOAL 8: THE COUNTY SHALL MAINTAIN COLLIER COUNTY'S EXISTING AIR QUALITY. OBJECTIVE 8.1: All activities in the County shall comply with all applicable federal and state air quality standards. Policy 8.1.1: The County will rely on the Florida Department of Environmental Regulation, the Florida Division of Forestry or the local fire departments as appropriate under their jurisdiction to permit and visually inspect the permitted air pollutant sources in the County. Policy 8.1.2: The fire departments and the County will receive complaints concerning air pollution problems and refer them to the Florida Department of Environmental Regulation, Florida Division of Forestry, or the local fire departments as appropriate. Policy 8.1.3: The local fire departments, Florida Department of Environmental Regulation, and the Florida Division of Forestry will investigate and act on complaints that are called in or referred to them. reset Policy 8.1.4: �. Automobile emissions will be reduced by the policy of the Sheriff's Department to stop smoking vehicles and either warn or ticket the operator for the offense, and by the policy of the County to require bike paths or sidewalks on new subdivisions and major County roadways and improvements. Policy 8.1.5: By January 1, 1992, the County shall investigate the need for a more comprehensive local air quality monitoring program. C-I-37 GOAL 9: THE COUNTY SHALL APPROPRIATELY MANAGE HAZARDOUS MATERIALS AND WASTE TO PROTECT THE COUNTY'S POPULACE AND NATURAL RESOURCES AND TO ENSURE THE HIGHEST ENVIRONMENTAL QUALITY. OBJECTIVE 9. 1 By March 31, 1989 the County shall develop and implement a hazardous materials emergency response plan. Policy 9.1.1: The plan shall be developed in cooperation with the Southwest Florida Regional Planning Council and the local planning committee established under Title III. Policy 9.1.2: The plan shall identify a community coordinator, facility coordinators, and other federal, state and local agency contacts (especially the City of Naples) including the responsibilities and duties of each agency. Policy 9.1.3: The plan shall identify emergency notification procedures and lines of communication among reacting agencies. Policy 9.1.4: The plan shall provide a description of community and industry emergency equipment and facilities and the identity of persons responsible for them. Policy 9.1.5: The plan shall address hazardous substances, transportation routes, location of significant hazardous materials, probable affected areas in the event of a release, and emergency evacuation plans. Policy 9. 1. 6: A training program shall be developed for emergency response personnel. Policy 9. 1.7: The Collier County Emergency Management Department shall be responsible for developing, implementing, and evaluating the effectiveness of the plan, including periodic updates. C-I-38 OBJECTIVE 9.2: By September 30, 1992 the County shall verify the disposal practices of 1200 potential generators of hazardous waste. Policy 9.2.1: During the verification visits the County shall advise businesses on proper management and disposal of hazardous wastes and shall encourage the reduction of hazardous waste through recycling. Policy 9.2.2: The verification visits shall concentrate on businesses generating waste oil and spent solvents and other hazardous waste in areas close to potable wellfields. C-I-39 OBJECTIVE 9.3: The Collier County Solid Waste Department shall continue to hold ( its hazardous waste collection day at least once per year. Policy 9.3.1: The hazardous waste collection day shall target residential households but also allow small businesses to participate to some extent. Policy 9.3.2: Local community groups shall be involved in developing a public informational campaign. C-I-40 OBJECTIVE 9.4: By September 30, 1989, the County shall establish a local storage tank compliance program. Policy 9.4.1: The County shall enter into a contract with Department of Environmental Regulation under the Super Act provisions in order to avoid any duplication of effort. Policy 9.4.2: The County shall concentrate on storage tank installation, inspection, and contractor certification and oversight of maintenance and monitoring of petroleum contamination sites. The County shall assess the need for secondary containment of storage tank and line systems especially in areas close to potable wellfields. C-I-41 OBJECTIVE 9.5: By August 31, 1989 the County shall adopt an ordinance regulating C the use of septic tanks serving industrial and manufacturing activities. Policy 9.5.1: Establish a monitoring program for small quantity generators that dispose hazardous waste into septic tank systems to determine hazardous constituents in the septage and in the ground water. C-I-42 GOAL 10: THE APPROPRIATE SERVICES AND INFRASTRUCTURE AS REQUIRED TO MAINTAIN THE LEVEL OF SERVICE STANDARDS SHALL BE PROVIDED IN THE COASTAL AREA AS THE PROPOSED DEVELOPMENT IN THE FUTURE LAND USE ELEMENT OCCURS. OBJECTIVE 10.1: The Level of Service standards for the provision of infrastructure sufficient to serve development in the coastal area are identified in the following policies. Policy 10.1.1: County Roads : County arterial and collector roads: Level of Service as indicated "_" below on the basis of peak hours, peak season traffic volume: Level of Service "E" on the following designated roads: Roads From To Airport Road Pine Ridge Road Golden Gate Parkway Golden Gate Parkway Airport Road Santa Barbara Blvd. Goodlette-Frank Road Pine Ridge Road Golden Gate Parkway Goodlette-Frank Road Golden Gate Parkway US 41 Pine Ridge Road Airport Road I-75 Level of Service "D" peak hour, peak season on all other County arterial and collector roads, however any section of road may operate at Level of Service "E" for a period not to exceed two fiscal years following the determination of Level of Service "E" in order to provide the County with time to restore Level of Service "D" be making appropriate improvements. State and Federal Roads Freeways A. Rural/Urban with population less than 50, 000 = C B. Urbanized Areas with Population 50, 000 or more = D C. Special Transportation Area = E Rural Arterials and Extensions of Rural Principal Arterials into and through Urban areas A. Rural/Urban = C B. Urbanized Areas = D C. Special Transportation Area = E Other Urban Arterials Not Included Above A. Rural/Urban = D B. Urbanized Areas = E C. Special Transportation Area = E C-I-43 * Policy 10. 1.2: f County Surface Water Management Systems : Future "private" developments - water quantity and quality standards as specified int Collier County Ordinances 74-50 and 90-10. Existing "private" developments and existing or future public drainage facilities - those existing levels of service identified (be design storm return frequency event) by the completed portions of the Water Management Master Plan as listed in the Drainage/Water Management Subelement of the Public Facilities Element. Policy 10.1.3: County Potable Water Systems County Systems - 135 gallons per day per capita plus 21% for non-residential City of Naples = 300 gallons per capita per day Private potable water systems: 135 gallons per capita per day plus 21% for non-residential except where exempted in the Potable Water Sub-element Policy 10. 1.4: County sanitary sewer systems County systems - 100 gallons per day per capita plus 21% for non-residential City of Naples = 150 gallons per capita per day Private sanitary sewer systems: 100 gallons per capita per day plus 21% for non-residential except where exempted in the Sanitary Sewer Element. Policy 10.1.5: County solid waste disposal facilities 1.55 tons of solid waste per capita per year Two years of landfill lined cell disposal capacity at present fill rates Ten years of landfill raw land capacity at present fill rates. * Amended February 5, 1991 C-I-44 Policy 10.1. 6: County parks and recreation facilities Regional park land = 2.9412 acres per 1,000 population Community park land = 1.2882 acres per 1, 000 population Recreation facilities = $122 . 00 capital investment per capita (at current cost) C-I-45 OBJECTIVE 10.2: It is an objective of Collier County that adequate public facility capacity commensurate with the demand created by developed lands be ' available in the Coastal Management area. No development order may be issued in violation of the concurrency management system and level of service standards adopted as a part of this Plan. Policy 10.2.1: By the end of the time period allowed by Chapter 163, Florida Statutes, the County shall adopt a Land Development Regulation to implement the concurrency management system and level of service standards. Policy 10.2.2: Development or redevelopment will be allowed within the coastal area as long as it is consistent with the Future Land Use, Conservation and Coastal Management, and Capital Improvement Elements. Public facility improvements to ensure infrastructure adequate to serve the allowable development densities and sufficient funding for the provision of this infrastructure shall be provided on a phased basis as shown in the Capital Improvement Element. The phasing of improvements shall be updated annually based on population projections, land use forecasts, service level trends, and capacity analyses. Land uses forecasts shall be based on the following standards in the Future Land Use Element: a. New zoning shall be limited to densities consistent with ' the Future Land Use Element in the Urban Designated portion of the coastal area; b. A maximum of one residential unit per 5 gross acres may be permitted in the Rural Designated portion of the coastal area; c. Existing zoning which is not vested shall be subject to zoning re-evaluation. Policy 10.2 .3: Areas of service for public facilities shall concentrate on urban designated areas. Service areas for potable water and sewer shall be those established in the Public Facilities Element. Policy 10.2 .4: The above Level of Service standard policies are consistent with the Capital Improvement Element and their timely implementation will be ensured through the Concurrency Management Plan outlined in the Capital Improvement Element. Policy 10.2.5: Infrastructure projects shall be consistent with coastal area resource protection and safe evacuation measures contained in this element. C-I-46 d. disturbed marine wetlands, e. viable, unaltered uplands, f. viable, unaltered freshwater wetlands, g. viable, unaltered marine wetlands. Policy 11. 1.5: In order to protect manatees, marinas shall be discouraged in designated manatee critical habitat unless other protective measures are provided. (Reference Policy 7 .2.3) Policy 11. 1.6: New marinas shall conform to the following criteria: a. Marinas must provide vehicular parking and sewage pump-out facilities; b. Fueling facilities shall be designed to contain spills from on-land equipment and shall be prepared to contain spills in the water c. Marina facilities must be accessible to all public services essential to ensure their safe operation d. Marinas and multi-slip docking facilities shall prepare hurricane plans for approval which describe measures to be taken to minimize damage to marina sites and neighboring properties and the environment; this hurricane plan shall be reviewed and approved by the County. e. Dry storage should be encouraged over wet storage. Policy 11.1.7: Marinas and other water-dependent and water-related uses shall conform to other applicable policies regarding development in marine wetlands. Marinas that propose to destroy wetlands shall provide for use by the general public. Policy 11.1.8: All new marinas that propose to destroy viable naturally functioning marine wetlands shall demonstrate, the economic need and feasibility for such development. Policy 11.1.9: These policies shall serve as criteria for the review of proposed development in "ST" designated lands. C-I-48 OBJECTIVE 11.2: The County shall continue to insure that access to beaches, shores and waterways remain available to the public and by December 31, 1992 develop a program to expand the availability of such access and a method to fund its acquisition. Policy 11.2 .1: Existing access for the public to the beach shall be maintained by new development. New beachfront development shall show on their site-plans existing beach access ways and the proposed development shall continue that access way, relocate it on the site, or donate it to the County. Policy 11.2.2: Evaluate appropriate public access intervals for renourished beaches considering the demand for recreation and the ability of the natural system to support the demand. If existing access is not sufficient, then the County shall acquire additional access points as a part of the renourishment project. Policy 11.2.3: A credit towards any developed recreation and open space impact fee shall be given for developments which provide public access facilities. Policy 11.2 .4: All public access facilities shall include parking facilities and roadway access. Policy 11.2.5: The County shall accept donations of shoreline lands suitable for use as public access facilities. Policy 11.2 .6: The County shall coordinate with State and Federal agencies regarding use of and access to Federal and State owned properties in the Coastal Zone for public use. C-I-49 OBJECTIVE 11.3: Until the Coastal Barrier and Beach System Management Plan is adopted (Objective 11.6) , undeveloped coastal barriers shall be maintained predominantly in their natural state and their natural function shall be protected, maintained and enhanced. Policy 11.3.1: "Undeveloped" coastal barrier systems shall be defined as set forth in the Federal Guidelines based on the amount of structures per acre of fastlands and for which no development approval or permits have been issued by Collier County, or plats recorded. "Fastlands" are the upland area as defined in the Federal Guidelines. Policy 11.3.2: Any development activities on an undeveloped coastal barrier must be compatible with protection of the natural form and function of the coastal barrier system. Policy 11.3.3: The highest and best use of undeveloped coastal barriers are as functioning natural systems; therefore the first alternative to development should be consideration of acquisition by or for the public benefit to preserve the natural function. Policy 11.3.4: Public expenditure shall be limited to property acquisition and for public safety, education, restoration, exotic removal, recreation and research facilities that will not substantially alter the natural characteristics and the natural function of the undeveloped coastal barrier system. Policy 11.3.5: Native or other County approved vegetation shall be required as the stabilizing medium in any coastal barrier vegetation or restoration program. Policy 11.3. 6: Prohibit construction of structures seaward of the Coastal Construction Control Line on undeveloped coastal barriers. Exception shall be for passive recreational structures, access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such coastal barrier system. Policy 11.3.7: Participate in and encourage regional and state programs to acquire naturally functioning, undeveloped coastal barrier systems to insure the preservation of their natural function. C-I-50 Policy 11.3.8: Development density on undeveloped coastal barrier systems shall not exceed the lowest density provided in the Future Land Use Element. Policy 11.3.9: Native vegetation on undeveloped coastal barriers should be preserved. To the extent that native vegetation is lost during land development activities and the remaining native vegetation can be supplemented without damaging or degrading its natural function, any native vegetation lost during construction shall be replaced by supplementing with compatible native vegetation on site. All exotic vegetation shall be removed and replaced with native vegetation where appropriate. Policy 11.3.10: No new bridges, causeways, paved roads or commercial marinas shall be permitted to or on undeveloped barrier systems. Policy 11.3.11: Shoreline hardening structures (e.g. , rip-rap, seawalls, groins, etc. ) shall not be allowed on undeveloped coastal barriers except in the interest of public safety or of land use related hardship. Policy 11.3.12 : Require the use of the "Planned Unit Development" (PUD) provisions of the zoning ordinance for new developments or redevelopment's proposed to take place within areas identified as Coastal Barrier system with the exception of one single family dwelling unit on a single parcel. Policy 11.3.13: These policies shall be implemented through the existing "ST" zoning procedures. Policy 11.3.14: Substantial alteration of the natural grade on undeveloped coastal barriers by filling or excavation shall be prohibited except as a part of an approved dune and/or beach restoration program, or as part of a DER approved wastewater treatment system or as part of an approved public development plan. Policy 11.3.15: Agriculture and timbering are not exempt from the above goals, objectives, and policies related to coastal barrier systems. C-I-51 OBJECTIVE 11.4: Until the Coastal Barrier and Beach System Management Plan is adopted (Objective 11.6) , protect developed coastal barriers and developed shorelines by establishing mechanisms or projects which limit the effects of development and which help in the restoration of the natural functions of coastal barriers and affected beaches and dunes. Policy 11.4.1: Promote environmentally acceptable and economically feasible restoration of the developed coastal barriers and the urban beach and dune systems. Policy 11.4.2: Prohibit further shore hardening projects except where necessary to protect existing structures, considering the total beach system and adjacent properties. Policy 11.4.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach and dune system. Policy 11.4.4: Require dune stabilization and restoration improvements in land development projects along beach areas. Policy 11.4.5: Initiate and support beach and dune restoration and preservation programs where appropriate. Policy 11.4.6: Require native vegetation as landscaping in development activities in developed coastal barrier systems and on the beach and dune systems. Policy 11.4.7: Prohibit construction seaward of the Coastal Construction Control Line except where the same would be permitted pursuant to the provisions of the Florida Coastal Zone Protection Act of 1985 or where said prohibition would result in no reasonable economic utilization of the property in questions, or for safety reasons. In such cases, construction will be as far landward as is practicable and effects shall be minimized on the beach and dune system and the natural functions of the coastal barrier system. Policy 11.4.8: Construction seaward of the Coastal Construction Control Line will be allowed for public access and protection and restoration of beach resources. Construction seaward of the Coastal Construction Control Line shall not interfere with sea turtle nesting, will utilize native vegetation for dune stabilization, will maintain the C-I-52 natural beach profile, will minimize interference with natural f beach dynamics, and where appropriate will restore the historical dunes and will vegetate with native vegetation. Policy 11.4.9: Seawall construction fronting the Gulf of Mexico shall be prohibited except in extreme cases of hardship. Policy 11.4.10: Vehicle traffic or traffic on the beach and primary dunes shall be prohibited except for emergency and approved maintenance purposes. The County shall enforce this requirement with the existing Vehicle On The Beach Ordinance. Policy 11.4.11: Develop tax incentives and other land use incentives to encourage additional access or parking areas to provide utilization of the high capacity urban beaches. Policy 11.4.12 : In permitting the repair and/or reconstruction of shore parallel engineered stabilization structures, require, where appropriate, at a minimum: a. All damaged seawalls will be replaced with, or fronted by, rip-rap.:, ( b. Where appropriate, repaired structures will be redesigned and/or relocated landward to match up with adjacent structures. Policy 11.4.13: Development and redevelopment proposals shall consider the implications of potential rise in sea level. C-I-53 OBJECTIVE 11.5: For undeveloped shorelines, provide improved opportunities for (Ir recreational, educational, scientific, and esthetic enjoyment of coastal resources by protecting beaches and dunes and by utilizing or where necessary establishing construction standards which will minimize the impact of manmade structures on the beach and dune systems. Policy 11.5. 1: Recreation that is compatible with the natural functions of beaches and dunes is the highest and best land use. Policy 11.5.2 : By 1990, prioritize acquisition efforts in order to meet the projected need for additional public beaches. Policy 11.5.3: Prohibit activities which would result in man induced shoreline erosion beyond the natural beach erosion cycle or that would deteriorate the beach dune system. Policy 11.5.4: Prohibit construction of any structure seaward of the Coastal Construction Control Line. Exception shall be for passive recreational structures, access crossovers, and where enforcement would not allow any reasonable economic utilization of such property. In the latter event, require construction that minimizes interference with natural function of such beaches and dunes. Policy 11.5.5: Prohibit motorize vehicles on the beaches and dunes except for emergency and maintenance purposes. The County shall enforce this requirement with the existing Vehicle On The Beach Ordinance. Policy 11.5.7: Regulate activities so that they will not threaten the stability of the dunes or the beach itself. Policy 11.5.8: Pursue the acquisition of undeveloped beaches and dunes as the first alternative to development. Policy 11.5.9: Prohibit shoreline armoring processes and encourage non-structural methods for stabilizing beaches and dunes. Policy 11.5. 10: Prohibit construction seaward of the Coastal Construction Control Line except as follows: C-I-5-4 r a / a. Construction will be allowed for public access; b. For protection and restoration of beach resources; c. In cases of demonstrated land use related hardship or safety concerns as specified in the 1985 Florida Coastal Zone Protection Act, there shall be no shore armoring allowed except in cases of public safety. Policy 11.5.11: Construction activities shall not interfere with the sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural beach profile and minimize interference with the natural beach dynamics and function. Policy 11.5.12: The County will waive all other non-safety related set-back requirements and site planning requirements before allowing construction seaward of the Coastal Construction Control Line. Policy 11.5.13: For all beach front land development related projects require dune stabilization and restoration improvements, the removal of exotic vegetation, and replacement with native vegetation, as appropriate. C-I-55 OBJECTIVE 11.6: By August 1, 1990, the County shall adopt a Coastal Barrier and Beach System Management Program. Policy 11.6.1: The program shall include the management, guidelines and performance standards prepared for the undeveloped coastal barriers contained within the coastal barrier and estuarine NRPA (Policy 1.3 .2) . Policy 11. 6.2: The program shall address County resource management policies and procedures for all County jurisdiction beaches, dunes and coastal barriers (both developed and undeveloped) . Policy 11.6.3: The program shall be based in part on the beach, dune and coastal barrier data, analyses and management recommendations contained in the County's coastal management program technical reports and the Collier County Beach Management Studies. Policy 11.6. 4: The program shall consider the implications of a potential rise in sea level. i C-I-56 GOAL 12: THE COUNTY SHALL PROVIDE FOR THE PROTECTION, PRESERVATION, AND SENSITIVE RE-USE OF HISTORIC RESOURCES. OBJECTIVE 12.1: To protect historic and archaeological resources in Collier County. Policy 12. 1. 1: By 01 August 1990, develop and adopt regulations for developments and other land alteration activities that ensure the conservation, sensitive re-use, preservation of significant historic and archaeological resources, or appropriate mitigation in accordance with state standards. Policy 12 .1.2: In the interim period until adoption of the regulations mentioned in Policy 12 . 1. 1, there shall be no loss of historic or archaeological resources on County-owned property and historic resources on private property shall be protected, preserved or utilized in a manner that will allow their continued existence. Conservation techniques shall include at a minimum: a. During the development permit review process, historic or archaeological sites shall be identified and shown on the site plans; ( b. The County shall establish waivers for non-safety related set back requirements and site planning requirements in order to accommodate historic structures or historic sites within a proposed development; c. As an alternative to preserving archaeological sites, the Owner may allow excavation of the site by the State of Florida Division of Historic Resources or the approved alternate prior to development. Should a site be scientifically excavated, then development may proceed without preserving the site; d. The County shall accept donations of historic or archaeological sites; e. Archaeological sites that are to be preserved may be utilized to satisfy required setbacks, buffer strips or open space up to the maximum area required by development regulations. Conservation of such historic or archaeological sites shall qualify for any open space requirements mandated by development regulations. Policy 12 . 1.3: If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, development activities C-I-57 at that specific archaeological site shall be immediately stopped and the appropriate agency notified. Development will be suspended for a sufficient length of time to enable the County or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The County will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activity. C-I-58 GOAL 13: THE COUNTY SHALL MAKE EVERY REASONABLE EFFORT TO ENSURE THE PUBLIC SAFETY, HEALTH AND WELFARE OF PEOPLE AND PROPERTY FROM THE EFFECTS OF HURRICANE STORM DAMAGE. OBJECTIVE 13.1: Encourage the undertaking of activities necessary to attain by 1994 , hurricane evacuation time for a Category 3 storm at a maximum of 28 hours as defined by the 1987 Southwest Regional Hurricane Plan Update, and by 1999, 27.2 hours. Activities will include on-site sheltering for mobile home developments, increased shelter space, and maintenance of equal or lower densities of the Category 1 hurricane vulnerability zone in the land use plan. Policy 13.1. 1: A comprehensive awareness program will be developed and publicized prior to May 30th of each year. Evacuation zones and routings shall be printed in each local newspaper. By May 30, 1989, each hotel/ motel in the Category 1, and 2, and 3 hazard zones will be given a poster denoting the vulnerability zones, shelters, and evacuation routes to the shelter or out of the County. This information shall be made readily available to all guests. Policy 13. 1.2: Land use plan amendments in the Category 1 hurricane vulnerability zone shall only be considered if such increases in densities provide appropriate mitigation to reduce the impacts of hurricane evacuation times. Policy 13.1.3: The County shall identify shelter space that complies with Red Cross standards for 45, 000 persons by 1994 and 60, 000 by 1999. Shelter space will be determined at the rate of 20 square feet per person. Policy 13. 1.4: By 1990 an ordinance shall be adopted so that each new mobile home community in the Category 1, 2 and 3 vulnerability zones shall include a structure built to appropriate code for use as shelter during a hurricane. Building will be of such a size to house park residents at the rate of 20 sq. ft per resident. Resident size will be estimated by averaging park population during the June-November time frame. On-site shelters shall be elevated to a minimum height equal to or above the worst case Category 3 hurricane flooding level according to the most current "SLOSH" numerical prediction model. Shelters shall be constructed to withstand 140 mph; shall provide adequate glass protection by shutters or boards; shall be equipped with adequate emergency electrical power and potable water supplies; and shall provide for adequate ventilation, sanitary facilities and first-aid equipment, C-I-59 Policy 13.1.5: The directors of the Transportation and Emergency Management (^ Departments will review, at least annually, evacuation route road needs to assure that necessary improvements are incorporated within the Capital Improvement and Traffic Circulation Element projects, as indicated in Table 1 of the Appendix. Policy 13.1. 6: The County shall update the hurricane evacuation portion of Collier County Peacetime Emergency Plan prior to June 1st of each year by integrating all regional and state emergency plans in the identification of emergency evacuation routes. Policy 13.1.7: The County's land development regulations shall include mitigation policies addressing flood plains, beach and dune alteration and storm water management. C •C-I-6-0 OBJECTIVE 13.2: The County shall ensure that building and development activities are carried out in a manner which minimizes the danger to life and property from hurricanes. The public shall limit its expenditures involving beach and dune restoration and renourishment, road repair, publicly owned seawalls, docking and parking area. All future unimproved requests for development in the coastal high hazard areas will be denied. Policy 13.2.1: The Hazard Mitigation Annex of the peacetime Emergency Plan (PEP) shall be reviewed and updated every three (3) years beginning in 1988. The Director shall also incorporate hazard mitigation reports from other agencies into the Peacetime Emergency Plan. Policy 13.2 .2 : The calculated needs for public facilities will be based on the adopted level of service standards and future growth projections within the coastal high hazard area. The Future Land Use Element limits new residential development, (thus obligation to infrastructure expenditures) to a maximum of four dwelling units per gross acre within the coastal high hazard area. In addition, existing zoning not vested shall be re-evaluated within three years and may change to a density level consistent with the Future Land Use Element. Policy 13.2.3: The County shall participate in the National Flood Insurance Program (NFIP) . Policy 13.2.4: The County shall maintain requirements for structural wind resistance as stated in the latest approved edition of the Southern Standard Building Code. Policy 13.2.5: The County shall consider the coastal high-hazard area as that area seaward of the Coastal Construction Control Line and the National Flood Insurance Program (v) zones, whichever, is the most landward. In Collier County, the NFIP V Zone is landward of the Coastal Construction Line. The land-mass seaward of the line is considered the coastal high-hazard area. Policy 13.2. 6: The County shall require that all new sanitary sewer facilities in the coastal high-hazard flood area be flood proofed, be designed to reduce leakage of raw sewage during flood events to the maximum extent practicable, and new septic tanks shall be fitted with back-flow preventers. C-I-6-1 Policy 13.2.7: By 1990, assess all unimproved property within the coastal high hazard area and make recommendations on appropriate land use. Policy 13.2.8: Public facilities that are dependent on County funding shall not be built in the coastal high-hazard area unless the facility is designed for public access or for resource restoration. C-I-62 OBJECTIVE 13.3: The County shall develop and maintain a task force that will plan and guide a unified County response to post-hurricane disasters. Policy 13.3.1: The Peacetime Emergency Plan (PEP) shall comply with the policies under this objective, and shall contain step-by-step details for post disaster recovery. Policy 13.3.2: After a hurricane that necessitated an evacuation, the Board of County Commissioners shall meet to hear preliminary damage assessments. This will be done prior to re-entry of the population. At that time, the Commission will activate the recovery task force and consider a temporary moratorium on building activities not necessary for the public health, safety and welfare. Policy 13.3.3: The recovery task force shall include local law enforcement authorities, the Community Development Administrator, Public Works Administrator, Planning and Zoning Director, Emergency Management Director and other members as directed by the Board of County Commissioners. Representatives from municipalities receiving damage from the storm should also be members of the recovery task-force. Policy 13.3.4: The recovery task force shall review and decide upon emergency building permits, coordinate with state and federal officials to prepare disaster assistance applications, analyze and recommend to the County Commission hazard mitigation options including reconstruction or relocation of damaged public facilities, recommend amendments to the Comprehensive Plan, Peacetime Emergency Plan and other appropriate policies and procedures. Policy 13.3.5: Immediate repair and clean-up actions needed to protect the public health and safety include repairs to potable water, wastewater, and power facilities, debris removal, stabilization or removal of structures that are in danger of collapsing, and minimal repairs to make dwellings habitable. These actions shall receive first priority in permitting decisions. Policy 13.3. 6: Structures in the coastal high-hazard area which have suffered damage to pilings, foundations, or load-bearing walls on one or more occasion shall be required to rebuild landward of their current location or to modify the structure to mitigate any recurrence of repeated damage. Policy 13.3.7: The County shall develop and adopt prior to May 30, 1989, a formal decision-making process to evaluate options for damaged public C-I-63 facilities including abandonment, repair in place, relocations, and reconstruction with structural modifications. This process shall ( consider these options in light of factors such as cost to construct, cost to maintain, recurring damage, impacts on land use, impacts on the environment and public safety. Policy 13.3.8: By 1994, the County shall maintain a contingency fund equal to 25% of the value of County public facilities in the coastal high-hazard area in order to cover the local government match for disaster assistance grants. Policy 13.3.9: Within 30 days of a hurricane resulting in disaster the County shall identify non-public structures in the coastal high-hazard area, inventory their assessed value, judge the utility of the land for public access and make recommendations for acquisition during post-disaster recovery. C-I-64 OBJECTIVE 13.4: The County shall make every reasonable effort to meet the emergency preparedness requirements of people with special needs such as the elderly, handicapped, the infirmed and those requiring transportation from a threatened area. Policy 13.4.1: All new hospitals, nursing homes, and adult congregate living facilities shall prepare an emergency preparedness plan for approval by the Emergency Management Department prior to receiving a final development order. Policy 13.4.2: The County, in cooperation with other public agencies and public service groups, shall make a reasonable effort to provide for the emergency transportation needs of people having limited mobility that do not reside in licensed institutions serving people with special needs. Policy 13.4.3: The County, in cooperation with the Department of Health and Rehabilitation Services and other public service groups shall make a reasonable effort to provide basic medical services in selected shelters designated as special needs shelters. C-I-65 GOAL 14: THE COUNTY SHALL AVOID UNNECESSARY DUPLICATION OF EXISTING REGULATORY PROGRAMS. \ OBJECTIVE 14.1: To establish, prior to the adoption of any land development regulation to implement this element, including but not limited to NRPA management guidelines and watershed management plans, a program to review such regulations and identify existing regulatory programs exercised by regional, state, or federal agencies with jurisdiction over the activities sought to be regulated. Policy 14.1.1: There will be no unnecessary duplication of existing regional, state, or federal permitting programs. Policy 14.1.2: The County may adopt regulations to strengthen existing permitting programs. Policy 14.1.3: Prior to adopting any new regulations to implement this element, the following guidelines shall be met: a. It fulfills an important need not presently adequately met by existing regional, state, or federal regulation. b. The regulation can be effectively and efficiently (. administered by authorized increases to County staff. c. The cost to the County of implementing the regulation shall have been identified and considered. C-I-66 . MEMORANDUM PY • - FdicL • TO: WMAB Members E FROM: Gregory H. RobertsoW Senior Engineer t RE: Revised WMAB Policies/Procedures DATE: October 3 , 1989 This memorandum is to advise you that the County Attorney has notified us that the requirement for a public hearing as well as advertising is not necessary for the WMAB to revise its policies and procedures. Staff wishes to have this heard at the October meeting pursuant to the agenda. By way of this memo, with the attachment, we are notifying engineers within the development community of the opportunity to comment on these proposed revisions. If you have any questions, please do not hesitate to call. GHR/mh attachments cc: See WMAB File doc. 1686 Ir AMENDED POLICY/PROCEDURE FOR AHAB Land Development petitions are required to be reviewed by the Water Management Advisory Board if: 1. The project exceeds the threshold of an exemption permit in accordance with South Florida Water Management District criteria. 2 . County staff determines the project may have an impact on surrounding land or the County's master water management system. Petitions will be placed on the Water Management Advisory Board agenda as follows: A. Consent Agenda 1. Proposed design and development meets County and South Florida Water Management District criteria. 2 . Staff recommends approval of the petition. 3 . Developer/Engineer/Agent agrees with staff recommended stipulations. B. Reaular Agenda 1. Project impacts County's master water management system and staff determines project should receive a review by the Board. 2 . Staff does not recommend approval of the petition. Page 2 Amended Policy/Procedure for WMAB 3 . Developer/Engineer/Agent disagrees with staff recommended stipulations. 4 . Commercial excavation (and associated provisional uses) . The Water Management Advisory Board gives the staff a certain amount of flexibility in determining which projects must be submitted to the Water Management Advisory Board. The flexibility shall be limited to: 1. Petitions slightly over the exemption threshold ie. 10-13 acres in size, 3-4 acres in impervious. 2 . Petition is modified from a previous submission and modification does not significantly affect the water management system. The information required to be submitted for staff review and possible distribution to Water Management Advisory Board shall include the following: 1. Conceptual water management plan, signed and sealed by a professional engineer. 2 . Water management calculations, signed and sealed by a professional engineer. 3 . Associated back-up plans and information including aerials, topographic surveys, and typical cross-sections, if determined to be needed to • evaluate water management system. 4 . Preliminary rezone documents and back-up information to the rezone. doc. 1630 DEVELOPMENT SERVICES DEPARTMENT PLANNING SERVICES SECTION MEMORANDUM TO: EAC Members FROM: Kimberly J. Polen ?:9,° Jeffrey A. Adair;,-0_ Barbara dair;,-C- Barbara Burgeson c4Z. DATE: Proposed Environmental Advisory Council Polices and Procedures RE: February 8, 1990 Please review the following proposed Policies and Procedures. The staff would appreciate your consideration of the proposed procedural changes. PROPOSED PROCEDURES FOR EAC 1. Planning Services Environmental Review Staff (PSERS) will review the petition and prepare a staff report for all petitions requiring environmental review. Staff will use criteria set forth in the Collier County Growth Management Plan, Ordinances, and Polices to determine which projects will be placed on the Environmental Advisory Council (EAC) consent agenda or regular agenda. 2 . Once the PSERS prepare the staff report, the applicant/agent/engineer is provided a copy and asked to respond by a certain date with a letter of concurrence or request for changes of the stipulations. If staff agrees, the stipulations are changed. 3 . If the stipulations are acceptable and/or staff works out concerns with the applicant, PSERS will receive a copy of the staff report and a memo indicating that the project is to be placed on the EAC consent agenda. EAC Members February 8, 1990 Page 2 4 . If the applicant and staff cannot agree on the stipulations or if staff feels the project must be heard by the EAC, it will be placed on the regular agenda. The petition cannot proceed to the Collier County Planning Commission until the EAC approves it. Upon approval PSERS will provide a memo indicating the actin and associated stipulations. PROPOSED POLICIES FOR EAC 1. Land development petitions are required to be reviewed by the EAC when County Environmental Staff determines the project may have an impact or impacts on surrounding natural resources. 2 . Petitions will be placed on the EAC agenda as follows: A. Consent Agenda (Stipulations) - Staff recommends approval of the petition. - Developer/Engineer/Agent agrees with staff recommended stipulations. B. Regular Agenda (Executive Summary) - Staff does not recommend approval of the petition. - Developer/Engineer/Agent disagrees with staff recommended stipulations. We believe these procedural changes will result in a more expeditious review. We look forward to your response. ew90-35 cc: Kenneth W. Baginski, Planning Services Manager AGENDA ITEM TRANSMITTAL SLIP _ Date Submitted: 2/28/90 Requested Agenda Date: 3/6/90 APPROPRIATE HEADING (CIRCLE ONE) : (5) Proclamations & Presentations, (6A) Comprehensive Plan Amendments, (68) Zoning Amendments, (6C) Other; (7A) BZA Public Hearings (7B) Provisional Use (7C) Other, (8) Public Petitions; (9A) Community Development, _(9B) Public Works, (9C) Public Services, (9D) Utilities, (9E) Admin. Services; (9F) Emergency Services, (9G Environmental Services, (9H) County Manager; (10) Attorney; (11) Clerk; (12) Bt ; A(11.3�) Other Constitutional Officers; (14) Consent Agenda; Requested By W.D. Lorenz Date 2/Z-€194Reviewed By Date Division HeadW.D. Loreriz j4 L._ Date Z/?$ 6� Manager Date Item Title WORK4'HOP - Creation of a rNev Entrirormpntal Advisory Board List Of Documents Attached: 1. Executive Summary (requi d) y�,41, 3. :4. !AC t �? �'-. - 2. 4A.f2"--- 1/87-513_ en 5. xff , j.....,...ir.L�..y_A.a. _ _:... ..v.. ....� -. +.....'.w:L•..�•- .. �. �_.-•..._.. _... —..{.y�.:�.J.i.�.....li .f.��':itL rL....�.i.:.. —..........�...,..........�._....�. .A y; 4 14 - a--- _.1- , .,.E+ ..iyt. , 'e` - i ^'slfnni,,,s-X ' :;,..-07.2.:141,--,%-r,r.L- ,111:T* -r>. ".'„k.'e" t i'jr,, i.- r: -wzrk- _ _ EMOTIVE St * 1 WORESr IP - CREATION OF A NE.W ENVIRONMTII'AL ADVISORY BOARD OBJECTIVE: To brief the Board of County Commissioners on the creation of a new Environmental Advisory Board. �.a CONSIDERATIONS: The Water Management Advisory Board (YOB) was created by <! Ordinance 74-50 to advise the Board in all matters dpal ing with regulation, control, management, use or exploitation of all water resources within Collier County. However, the Environmental Advisory Council (EAC) has no formal enabling ordinance but is identified in Ordinance 77-66 as an appeals board for FTS cia-isions. Development ` Services Department staff currently review all land development petitions using criteria provided in Board-adopted ordinances and the Growth Management Plan. As the County has adopted more specific rules and criteria for issuing permits and has acquired more professional staff to review applications, there is leg need for advisory boards to duplicate these reviews. There is need, however, for theac advisory boards to assist staff in the development of standards and review procedures. The purpose of the proposed environnental advisory board will be to study, evaluate and recommend necessary policy programs and rules to ensure the appropriate use, conservation, management and protection of the County's natural resources. Attachment A is a summary sheet briefly identifying the existing proposal and the major issue raised by public comment on a preliminary working draft of the ordinance. Attachment B is a more detailed report providing background, history arra justification for the proposal. Attachment C is the working draft of the ordinance used to solicit public input. FISCAL IMPACT: None at this time. GRONTH MANAGEMENT IMPACT: Policy 1.1.1 of the Conservation and Coastal Management Element requires the County to establish a technical advisory committee to assist staff in developing a comprehensive natural resources plan. RECONMEMATION: Direct staff to proceed with an ordinance creating a new enviromental advisory board. /Pr epankl by: k / -3--y� , Date: 2 -Z — c; 1illiam D. Lorenz Jr., P.E., Administrator Environmental Services Division Reviewed by: Date: Neil Dorrill, county Manager ATTACHMENT A CREATION OF A ENVIRONMENTAL ADVISORY BOARD SUMMARY SHEET BACKGROUND ♦ WMAB created by Ordinance 74-50 to advise the Board in all matters dealing with regulation, control, management, use or exploitation of all water resources within Collier County. ♦ EAC has no formal enabling ordinance but is identified in Ordinance 77-66 as an appeals board for EIS decisions ♦ Development Services Department staff currently reviews all land development petitions using criteria provided in Board-adopted ordinances and the Growth Management Plan. PROPOSAL ♦ Create an Environmental Advisory Board having major responsibilities of: ► Policy analysis and recommendation ► Long range planning ► Rule development ♦ For all environmental and water management matters exclude new board from reviewing specific land development projects MAJOR ISSUE ♦ Several commentors on the draft ordinance expressed desire for the new Board to continue to have a role in reviewing land development projects. Comments ranged from having the new Board continue the current review activities of the EAC/WMAB to having the new Board serve as an appeals board to arbitrate differences between staff and petitioners. ATTACHMENT B A REPORT ON CREATING AN ENVIRONMENTAL ADVISORY BOARD Prepared for the Board of County Commissioners By William D. Lorenz Jr. , P.E. , Administrator Environmental Services Division February 13, 1990 INTRODUCTION AND PURPOSE The existing Water Management Advisory Board (WMAB) and Environmental Advisory Council (EAC) functions include policy and program development and land development project review with most of Boards' time involved with the review of land development projects. As the County has adopted more specific rules and criteria for issuing permits and development orders and has acquired more professional staff to review applications, there is less need for advisory Boards to duplicate administrative reviews. Additionally, the Growth Management Plan required the County to develop many conservation and water management programs that will require much more work to address many controversial policy issues. The purpose of this report is to evaluate the functions of the existing environmental advisory boards and to recommend a change in their responsibilities to better meet the changing conditions and needs of Collier County. HISTORY AND PRESENT MAKE-UP OF BOARDS The existing WMAB consists of five (5) members which generally represent the population of Collier County. No specific experience requirements are necessary or a prerequisite for application but consideration is given to applicants who have experience in the areas of civil engineering, water resources management, land development, environmental science, hydrology/geology and related fields. The enabling authority for the WMAB is founded in Ordinance 74-50. The function, power and duties of the WMAB include: A. Act in advisory capacity to the Board of County Commissioners in all matters dealing with the regulation, control, management, use or exploitation of all water resources within Collier County; B. Review land development, water resources and excavation projects in order to evaluate their potential impact on the water resources of Collier County; C. Identify, study, evaluate, and provide recommendations to the Board of County Commissioners on programs necessary for the conservation, management and protection of the water resources of Collier County. The EAC does not have a formal enabling ordinance. A proposed ordinance for the EAC states that the four of the five members will have local expertise distributed among biology, ecology, hydrology/geology, environmental science, and marine/estuarine science, and one member shall be a lay person. The EAC shall act in an advisory capacity to the Board of County Commissioners in all matters dealing with the regulation, control, management, use -1- or exploitation of all natural resources in Collier County. Additional responsibilities include reviewing land development and water resource projects and identifying, studying, evaluating, and providing recommendations to the BCC on programs necessary for the conservation, management and protection of the natural resources and environmental quality of Collier County. The EIS Ordinance identifies the EAC as an appeals Board for anyone aggrieved by staff decisions for approval of Environmental Impact Statements. NEED FOR AN ENVIRONMENTAL POLICY ADVISORY BOARD Objective 1. 1 of the Growth Management Plan's Conservation and Coastal Management Element requires the County to develop and implement a comprehensive environmental management and conservation program. This program requires the development of numerous regulatory, management and planning programs. In regard to regulatory programs, for example, land development standards must be adopted to protect the following native habitats: ♦ Intertidal, Coastal and Xeric scrub habitats - August 1, 1990 ♦ Marine, Freshwater, Transitional zone wetlands and Hardwood Hammock - August 1, 1991 ♦ Pine, Flatwoods and Dry Prairie Habitats - August 1, 1992 Furthermore, guidelines and standards to protect the following wildlife species will be addressed: ♦ Bald Eagle ♦ Manatee ♦ Gopher Tortoise ♦ Red-Cockaded Woodpecker ♦ Panther To complement our regulatory programs, various management strategies are envisioned. Implementing the Natural Resource Protection Area concept will require a variety of programs other than land development regulations. Indeed, Policy 1. 3 . 1 of the CCE provides various guidelines be followed that will need input from an advisory board. Selected guidelines include: ♦ Guidelines and standards for development of NRPAs including conservation guidelines to protect natural resource values, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded; ♦ A review process, integrated into the normal development application review, to ensure that the guidelines and standards are being met and in those cases where Environmental Impact Statements are prepared, that the site-specific and cumulative environmental impacts of development are being -2- adequately assessed and addressed; • A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchases) . Other options should include, but not be limited to, tax incentives and transfer of development rights. A number of planning studies are also envisioned. These include: ♦ Coastal Barrier Management Plan • Estuarine Management Plan • Watershed Management Plans An environmental advisory board is needed to help develop technical requirements, explore policy issues and solicit public input as the above programs are being developed by staff. Indeed, the Growth Management Plan requires that a technical advisory committee be established to advise and assist the County in the activities involved in the development and implementation of the comprehensive environmental conservation and management program. Such a committee must have sufficient technical expertise and be unencumbered by other activities to ensure that the functions of policy analysis, program development and rule making can occur in a timely fashion. INITIAL RECOMMENDATIONS Given the need of an environmental advisory committee to focus its attention on planning and rule-making, it is recommended that such a committee be responsible for recommended policy direction, program planning, and rule development. By not reviewing land development petitions, the committee could be more effective developing the environmental protection program as outlined in the Growth Management Plan. Since water management directly affects other natural resources, there is also a benefit to consolidate the program areas of the WMAB and EAC. Furthermore, the Water Pollution Control Ordinance authorizes the creation of an advisory board for pollution control activities. A single board would have the advantage of "seeing the big picture" of environmental management and protection. It is therefore recommended that the EAC and WMAB be consolidated into a single environmental advisory board to assist staff in developing regulatory guidelines and standards, management plans and programs, and major policy initiatives. The purpose of an environmental advisory board is to study, evaluate and recommend necessary policy programs and rules to ensure the appropriate use, conservation, management and protection of the County's natural resources. -3- • Specific duties and responsibilities include: • assist the Board in the development of overall programs to protect and manage all of Collier County's natural resources. • recommend goals and objectives for the County's environmental conservation and management programs. • act in an advisory capacity to the Board of County Commissioners in matters dealing with the regulation, control management, use or exploitation of all water resources within Collier County. ♦ identify, study, evaluate, and provide recommendations to the Board of County Commissioners on programs necessary for the conservation, management and protection of the water resources of Collier County. • assist the Board in developing and revising as appropriate local rules and regulations addressing the County's natural resources. ♦ assist in the implementation and development of the Growth Management Plan regarding environmental and natural resource issues. RESULTS OF PUBLIC COMMENT Formal comments were received from fifteen (15) individuals and organizations in response to a November 27, 1989, letter on transmitting the first draft of the subject ordinance. All commentors were in favor of consolidating the existing WMAB and EAC. The major issue, however, is whether the new Board will be reviewing land development petitions. Other major comments addressed membership criteria, title of the Board, and relationship of the Board with the present EIS procedure. LAND DEVELOPMENT PROJECT REVIEWS_ The following organizations are in favor for the new Board to have a role in reviewing land development projects: • The Conservancy ♦ Naples Area Chamber of Commerce • Coastal Engineering Consultants • EAC The reasons for this positions include: • additional input by the general public prior to formal CCPC -4- and BCC review, • perceived inadequate staffing providing full range of expertise to address wide-ranging and complicated issues, • present lack of specific ordinances, • additional forum for resolving disputes between applicant and staff (i.e. an appeals function) . From a management perspective, it is recommended that the new Board should not be involved in the land development review process for the following reasons: 1. Intent of Staff review Development Services staff should review plans against present ordinances and policies contained with the Board-adopted Growth Management Plan. Although we plan to refine these guidelines as required by the GMP, the present guidelines are sufficient to apply to individual projects. A project may have several configurations (some more environmentally preferable than others) consistent with current guidelines. In most cases, staff should be able to certify that a plan is consistent with applicable ordinances and GMP policies. For these cases, the new Board may either take exception to this certification or request a more preferred configuration if it is involved in the review process. 2 . Staff expertise Environmental issues are indeed wide ranging and complex. the County should rely on professional staff to review these issues against existing ordinances and GMP policies rather than on an appointed Board for land development projects. Value judgments should be made during the ordinance and policy development and Board adoption process. Environmental review staff are sufficiently qualified to review projects against existing guidelines and for determining consistency. 3. Public Input Most environmental issues should be reduced to a determination of consistency with ordinances and applicable GMP policies. With proper staff review and concise staff reporting, the public can have proper input at the CCPC and BCC levels through the existing public hearing process. At this point , the public can comment on staff's consistency determination and suggest changes to the project to the CCPC and BCC. For the above reasons, it is recommended the new Board should not review development petitions. It has been suggested that the new -5- Board should also function as an appeals Board resolving disputes between staff and the petitioner. Based upon the premise that staff should review projects for compliance with ordinances and GMP policies, the only function of the Board would be to affirm or reject staff's consistency determination. (If this is found to be an appropriate role, then the enabling ordinance should limit the new Board's role to a consistency recommendation. ) Staff will then have to decide as to whether to accept or reject the Board's recommendation (or should staff be bound by this recommendation?) . OTHER ISSUES Varying Membership Criteria were suggested. An appropriate change would be the inclusion of environmental law as criteria for membership expertise. Also a good suggestion was to have the new Board be constituted anew without a transition period (i.e. , open up membership to everyone, not just existing WMAB and EAC members) . Other comments suggest a change in the name to remove "Management" from the title. A more appropriate title would be "Environmental Advisory Board" . -6- -- ENVIRONMENTAL SERVICES DIVISION MEMORANDUM TO: Board of County Commissioners FROM: William D. Lorenz Jr. ,vi9P.E. , Administrator Environmental Services Division DATE: 20-Feb-1990 SUBJECT: Formation of an Environmental Advisory Board The purpose of this memo is to brief you on the issues involved in creating a new Environmental Advisory Board by consolidating functions of the current Water Management Advisory Board (WMAB) and the Environmental Advisory Council (EAC) . Attachment A is a summary sheet briefly identifying the existing proposal and the major issue raised by public comment on a preliminary working draft of the ordinance. Attachment B is a more detailed report providing background, history and justification for the proposal. Attachment C is the working draft of the ordinance used to solicit public input. I will set up a brief meeting with you to discuss this item further. The workshop is tentatively scheduled for March 6, 1990 after the Board meeting. WDL:pc Attachments c: Neil Dorrill, County Manager Ron McLemore, Assistant County Manager Ken Cuyler, County Attorney Frank Brutt, Development Services Administrator Environmental Services File ATTACHMENT A CREATION OF A ENVIRONMENTAL ADVISORY BOARD SUMMARY SHEET BACKGROUND ♦ WMAB created by Ordinance 74-50 to advise the Board in all matters dealing with regulation, control, management, use or exploitation of all water resources within Collier County. ♦ EAC has no formal enabling ordinance but is identified in Ordinance 77-66 as an appeals board for EIS decisions ♦ Development Services Department staff currently reviews all land development petitions using criteria provided in Board-adopted ordinances and the Growth Management Plan. PROPOSAL ♦ Create an Environmental Advisory Board having major responsibilities of: ► Policy analysis and recommendation ► Long range planning ► Rule development ♦ For all environmental and water management matters exclude new board from reviewing specific land development projects MAJOR ISSUE ♦ Several commentors on the draft ordinance expressed desire for the new Board to continue to have a role in reviewing land development projects. Comments ranged from having the new Board continue the current review activities of the EAC/WMAB to having the new Board serve as an appeals board to arbitrate differences between staff and petitioners. ATTACHMENT B A REPORT ON CREATING AN ENVIRONMENTAL ADVISORY BOARD Prepared for the Board of County Commissioners By William D. Lorenz Jr. , P.E. , Administrator Environmental Services Division February 13 , 1990 INTRODUCTION AND PURPOSE The existing Water Management Advisory Board (WMAB) and Environmental Advisory Council (EAC) functions include policy and program development and land development project review with most of Boards' time involved with the review of land development projects. As the County has adopted more specific rules and criteria for issuing permits and development orders and has acquired more professional staff to review applications, there is less need for advisory Boards to duplicate administrative reviews. Additionally, the Growth Management Plan required the County to develop many conservation and water management programs that will require much more work to address many controversial policy issues. The purpose of this report is to evaluate the functions of the existing environmental advisory boards and to recommend a change in their responsibilities to better meet the changing conditions and needs of Collier County. HISTORY AND PRESENT MAKE-UP OF BOARDS The existing WMAB consists of five (5) members which generally represent the population of Collier County. No specific experience requirements are necessary or a prerequisite for application but consideration is given to applicants who have experience in the areas of civil engineering, water resources management, land development, environmental science, hydrology/geology and related fields. The enabling authority for the WMAB is founded in Ordinance 74-50. The function, power and duties of the WMAB include: A. Act in advisory capacity to the Board of County Commissioners in all matters dealing with the regulation, control, management, use or exploitation of all water resources within Collier County; B. Review land development, water resources and excavation projects in order to evaluate their potential impact on the water resources of Collier County; C. Identify, study, evaluate, and provide recommendations to the Board of County Commissioners on programs necessary for the conservation, management and protection of the water resources of Collier County. The EAC does not have a formal enabling ordinance. A proposed ordinance for the EAC states that the four of the five members will have local expertise distributed among biology, ecology, hydrology/geology, environmental science, and marine/estuarine science, and one member shall be a lay person. The EAC shall act in an advisory capacity to the Board of County Commissioners in all matters dealing with the regulation, control, management, use �. -1- or exploitation of all natural resources in Collier County. Additional responsibilities include reviewing land development and water resource projects and identifying, studying, evaluating, and providing recommendations to the BCC on programs necessary for the conservation, management and protection of the natural resources and environmental quality of Collier County. The EIS Ordinance identifies the EAC as an appeals Board for anyone aggrieved by staff decisions for approval of Environmental Impact Statements. NEED FOR AN ENVIRONMENTAL POLICY ADVISORY BOARD Objective 1. 1 of the Growth Management Plan's Conservation and Coastal Management Element requires the County to develop and implement a comprehensive environmental management and conservation program. This program requires the development of numerous regulatory, management and planning programs. In regard to regulatory programs, for example, land development standards must be adopted to protect the following native habitats: • Intertidal, Coastal and Xeric scrub habitats - August 1, 1990 • Marine, Freshwater, Transitional zone wetlands and Hardwood Hammock - August 1, 1991 • Pine, Flatwoods and Dry Prairie Habitats - August 1, 1992 Furthermore, guidelines and standards to protect the following wildlife species will be addressed: • Bald Eagle • Manatee • Gopher Tortoise • Red-Cockaded Woodpecker • Panther To complement our regulatory programs, various management strategies are envisioned. Implementing the Natural Resource Protection Area concept will require a variety of programs other than land development regulations. Indeed, Policy 1. 3 . 1 of the CCE provides various guidelines be followed that will need input from an advisory board. Selected guidelines include: • Guidelines and standards for development of NRPAs including conservation guidelines to protect natural resource values, to maintain ecologically functioning systems, and to restore or mitigate NRPAs already degraded; • A review process, integrated into the normal development application review, to ensure that the guidelines and standards are being met and in those cases where Environmental Impact Statements are prepared, that the site-specific and cumulative environmental impacts of development are being -2- adequately assessed and addressed; i' ` ♦ A program to defer development of NRPAs. First consideration should be fee simple purchase (based on public referenda approving and funding purchases) . Other options should include, but not be limited to, tax incentives and transfer of development rights. A number of planning studies are also envisioned. These include: ♦ Coastal Barrier Management Plan ♦ Estuarine Management Plan ♦ Watershed Management Plans An environmental advisory board is needed to help develop technical requirements, explore policy issues and solicit public input as the above programs are being developed by staff. Indeed, the Growth Management Plan requires that a technical advisory committee be established to advise and assist the County in the activities involved in the development and implementation of the comprehensive environmental conservation and management program. Such a committee must have sufficient technical expertise and be unencumbered by other activities to ensure that the functions of policy analysis, program development and rule making can occur in a timely fashion. (( INITIAL RECOMMENDATIONS Given the need of an environmental advisory committee to focus its attention on planning and rule-making, it is recommended that such a committee be responsible for recommended policy direction, program planning, and rule development. By not reviewing land development petitions, the committee could be more effective developing the environmental protection program as outlined in the Growth Management Plan. Since water management directly affects other natural resources, there is also a benefit to consolidate the program areas of the WMAB and EAC. Furthermore, the Water Pollution Control Ordinance authorizes the creation of an advisory board for pollution control activities. A single board would have the advantage of "seeing the big picture" of environmental management and protection. It is therefore recommended that the EAC and WMAB be consolidated into a single environmental advisory board to assist staff in developing regulatory guidelines and standards, management plans and programs, and major policy initiatives. The purpose of an environmental advisory board is to study, evaluate and recommend necessary policy programs and rules to ensure the appropriate use, conservation, management and protection of the County's natural resources. ( -3 Specific duties and responsibilities include: ♦ assist the Board in the development of overall programs to protect and manage all of Collier County's natural resources. ♦ recommend goals and objectives for the County's environmental conservation and management programs. ♦ act in an advisory capacity to the Board of County Commissioners in matters dealing with the regulation, control management, use or exploitation of all water resources within Collier County. ♦ identify, study, evaluate, and provide recommendations to the Board of County Commissioners on programs necessary for the conservation, management and protection of the water resources of Collier County. ♦ assist the Board in developing and revising as appropriate local rules and regulations addressing the County's natural resources. - ♦ assist in the implementation and development of the Growth Management Plan regarding environmental and natural resource issues. RESULTS OF PUBLIC COMMENT Formal comments were received from fifteen (15) individuals and organizations in response to a November 27, 1989 , letter on transmitting the first draft of the subject ordinance. All commentors were in favor of consolidating the existing WMAB and EAC. The major issue, however, is whether the new Board will be reviewing land development petitions. Other major comments addressed membership criteria, title of the Board, and relationship of the Board with the present EIS procedure. LAND DEVELOPMENT PROJECT REVIEWS The following organizations are in favor for the new Board to have a role in reviewing land development projects: ♦ The Conservancy ♦ Naples Area Chamber of Commerce ♦ Coastal Engineering Consultants ♦ EAC The reasons for this positions include: ♦ additional input by the general public prior to formal CCPC -4- ti and BCC review, perceived inadequate staffing providing full range of expertise to address wide-ranging and complicated issues, ♦ present lack of specific ordinances, ♦ additional forum for resolving disputes between applicant and staff (i.e. an appeals function) . From a management perspective, it is recommended that the new Board should not be involved in the land development review process for the following reasons: 1. Intent of Staff review Development Services staff should review plans against present ordinances and policies contained with the Board-adopted Growth Management Plan. Although we plan to refine these guidelines as required by the GMP, the present guidelines are sufficient to apply to individual projects. A project may have several configurations (some more environmentally preferable than others) consistent with current guidelines. In most cases, staff should be able to certify that a plan is consistent with applicable ordinances and GMP policies. For these cases, the new Board may either take exception to this certification or request a more preferred configuration if it is involved in the review process. 2 . Staff expertise Environmental issues are indeed wide ranging and complex. the County should rely on professional staff to review these issues against existing ordinances and GMP policies rather than on an appointed Board for land development projects. Value judgments should be made during the ordinance and policy development and Board adoption process. Environmental review staff are sufficiently qualified to review projects against existing guidelines and for determining consistency. 3 . Public Input Most environmental issues should be reduced to a determination of consistency with ordinances and applicable GMP policies. With proper staff review and concise staff reporting, the public can have proper input at the CCPC and BCC levels through the existing public hearing process. At this point , the public can comment on staff's consistency determination and suggest changes to the project to the CCPC and BCC. For the above reasons, it is recommended the new Board should not review development petitions. It has been suggested that the new -5- Board should also function as an appeals Board resolving disputes ( between staff and the petitioner. Based upon the premise that staff should review projects for compliance with ordinances and GMP policies, the only function of the Board would be to affirm or reject staff's consistency determination. (If this is found to be an appropriate role, then the enabling ordinance should limit the new Board's role to a consistency recommendation. ) Staff will then have to decide as to whether to accept or reject the Board's recommendation (or should staff be bound by this recommendation?) . OTHER ISSUES Varying Membership Criteria were suggested. An appropriate change would be the inclusion of environmental law as criteria for membership expertise. Also a good suggestion was to have the new Board be constituted anew without a transition period (i.e. , open up membership to everyone, not just existing WMAB and EAC members) . Other comments suggest a change in the name to remove "Management" from the title. A more appropriate title would be "Environmental Advisory Board" . -6- is ,a.: y jr �' , 3 ATTA.CK�f'!-V� (�FM ° I r �� +; s t imutrili «b i i' fi.. is :" ,:. C. ORDINANCE NO.-59 4'� r {�,1 • AN ORDINANCE ESTABLISHING THE COLLIER COUNTY ENVIRONMENTAL MANAGEMENT ADVISORY BOARD; PROVIDING FOR ESTABLISHMENT, POWER AND DUTIES AND MEMBERSHIP; PROVIDING FOR OFFICERS AND SUPPORT STAFF; PROVIDING FOR MEETINGS; PROVIDING FOR SCHEDULING OF AGENDA ITEMS; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR DEFINITIONS; REPEALING COLLIER COUNTY ORDINANCE NO. 74-50; PROVIDING FOR CONFLICT AND SEVERANCE; PROVIDING AN EFFECTIVE DATE. , r #fit 11ltf �t •. ` �. { il t 31,E r. .'. i c , , WHEREAS the Board of Count Commissioners adopted Ordinantte„,fil '� ff4 fi 1 • "3 74-50 creating Water Management Advisory Board to review proposed: 5i�1.('1' A}7 'irM,f r'� projects and to advise the Board on the impacts of such projects r, , t ti on the land and water resources and envr. ironmental quality of r'�` }� .y. ,. '.y �'i; Collier County t and 1� t ,!it..?i .v-' • '• tic; �.,,, -i • WHEREAS, the Environmental Advisory Council and The Wateri m .. tit ` '., �� -. _.. ... Management Board exhibit overlapping areas of responsibilities �; e because they are both directed to advise the Board on matters affecting the conservation and maintenance of the County's natural resources; and 'il1,h ° i WHEREAS, the existence of two advisory boards, one to review . � A°r� , . (1.-;-=;-.-;:2 environmental quality matters, the other to review water management matters, creates an unnecessary duplication in closely . Ai related natural resource functions and features; and F # `<#% WHEREAS, the merger of the two advisory boards into one ...�...ti Environmental Management Advisory Board would eliminate both the "1, '? fragmentation of County natural resource review and the unnecessary duplication involved in the presentation of projects t to members of both advisory boards; WHEREAS, Objective 1.1 of the Conservation and Coastal 'F61 �ib, :tli 14 Management Element of the Growth Management Plan requires the � ;o 1 '. establishment of a technical advisory committee to advise and it111 •s assist the County in the development and implementation of the " i. : r +c K ,': z� County environw..Mal resources management programs and l:;:::, ' WHEREAS, the creation of the Development Services Department i;.41 .,. 0,4 �i 5i. with a sufficient number of professionally qualified review 11 ' ' ' • ! ll i xt F. .z � ;` staff • '4 4r� , � , Z; —1— , ; t 1� e !i!,'; pi }i ° t x1 -. eh (, ( ,•y 4a.r .Ft.7 b{ ...4.1!:!••,' fir• , pfi ,til.•i ,Y.,: �i .:j.I 1{. • fiiih! ''4 °iC}! ' .1 ).. ,$f• i �4 ,t1 t , - it i .tt ---4.f.'..,..,1;./- S"r}} : L..y L -u41 •i - � r `r t. a DRAF,r i;Ii.'--!- .! �.J' ENA' 5.:�} +1i :� _ _ DB-Nov-19139 • ► % • 01 c' + i .� } 4 WHEREAS, Ordinance 77-66 provides for the Bnvitonmental i;: att ., .sq, II• t 1 Advisory Council to function as an appeal's board for '�,�,�+ .,;*A itggq,; :' =mit r Enviren�ntal Statements; F t -,, ..t:j NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 1 r {51',(• , _f�' ,• COMMISSIONERS OF COLLIER COUNTY, that: t # Y .ij,µ`` tt t . yt} i' ; SECTION ©WH: ...PURPOS$• -- - - _ _... ' I': t#11 11. F•1 )ik'4, 4 1-14 ; l tett The purpose of this Ordinance is to establish the r.t ' . !)3l s Environmental Management Advisory Board. The Environmental R' { Management Advisory Board will function to: t } 1. advise the beneficial use of the physical and biological 1 `; i i ti/ ,!....k:-....16 �r1 �t�►a s '1 t -I . ': ' �:; natural resources (atmospheric, terrestrial and hydrologic) of is, 1 ;Ji F • ,t the County in regard to the safety, health and general wellbeing i : ;t 4 '-�0 - jii ‘1 , 1 .,.,:„1.,.,.i '4 Of the 1.Y14liu t k'' ��`!..-4-:' 4-1 . - i '14' 1" -'' .4 ' : it al ' ' S` s { 2. advise on the prevention of the depletion, ± `�� SAA Al. `Lit ` r . t deterioration, waste, pollution, or detrimental usage of physical ""'"" natural resources; r' j,li 4 4 ;e`3 pis 3. prevent the undue endangerment, extinction, extirpation, .. , or irreversible damage of biological natural resource both terrestrial, freshwater aquatic, and marine plants and animals; . ii: and ,t . 4. work toward developing the purpose, intent and criteria of all Collier County ordinances dealing with natural resources. SECTION TWO: THE ENVIRONMENTAL MANAGEMENT ADVISORY BOARD; ESTABLISHMENT; POWERS AND DUTIES; MEMBERSHIP. 1. Establishment of Environmental Management Advisory Board: There is hereby established "The Environmental Management • ! x• Advisory Board" which shall herein be referred to as EMAB. I I i 2. Abolishment of the EAC and WMAB: The Environmental ., , Advisory County and the Water Management Advisory Board of ;,}1 _a • (` Collier County are hereby abolished. r .' l{ . ' i : `01 ID.) is ''. ' 3. Scope of Jurisdiction: The EMAB obtains its I• ;!',.)I r•P# , •i f jurisdiction, powers, and limits of authority from the Board of ,� -I'.t 1.4 III:le!-,1 County Commissioners, hereinafter referred to as the Board, and } • 4 y! }' a pursuant to this Ordinance, shall act in an advisory capacity to • ,, :;t G Fust . 1 ! 417 'jytl i 4. rf • w i�F r�� • i t � ` `l► ,}F t 1+{` f• µ`41k(;!" i ",. .,.....•i•-,1....: AI 44 e' •; !I"',.,.".:1 ''�� `. k / .. 'hitt. ci}5,A 4,,yi Ft '. F y a if;t�•�i .•1� ; a l DRAFT^' ` I 1 . I 41 �i # 11 �T 1. \i'',4;` 08-Nov-1989 r�}1, ,o ` �- '' the board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources , of or within Collier County, as hereinafter defined. 'i 4. Powers and Duties: The powers and duties of the EMAB are y=(p`., i,..I.' i ii ill't. X y t 'is 1 k .l.! : I '•il: !` � ` - FF.,•,-.5.1i..4.; ii �.2 'k�••' ijvJ;, (a) To identify, study, evaluate, and ptdVide ,�:, recommendations to the Board on programs (e.g. tissarch projects,:IN- : .,. 'i . ',4 tit -. fr.Y . -r.:: organisational modifications, jurisdictional authority, and legal . ` 1�' . requirements) necessary for the conservation, Management and -' II� fs , ar titi.,.11i' ''. protection of land, water, and air resources and environmental i y 3. .3 M tin f y i y 11; ,--, •quality in Cdlliier County O, 0.;•;`• i 3�.x, ::i., n{ . T It (b) l'o establish goals and objectives for the County1s ,C Iz environmental conservation and mans ement r a*s� 1" 44, ' (e) To assist the Board in developing and revising as �t - �� ,+ f appropriate local rules and regulations addressing the County's 41:I.: natural rasouraes t �i�tty 'AV • Ill (d) To assist in the implementation and development of , .vr,k;f the Growth Management Plan regarding environmental and natural 4 i�1. '. �: t' �arw.r # C•Ji:., :. . �vYi v� issuesT .a! i v.� . ,.. _� r� ' ryI (e) To utilize those powers and duties necessary to ,i ,,,- r:Ill j accom• plish the above functions. ii'- '1',..4:1:1-' • 5. Initial Membership: The EMAB shall be formed by the merger of the current memberships of the Environmental Advisory Council (EAC) and the Water Management Advisory Board (WMAB) . aiw — -- serving on the EAC and WMAB-before the. abolishment of those ` ' t boards on the effective date of this Ordinance. No later than • ' '' ????????7?????????? due to the completion of terms and/or '1 resignation of any members, the EMAB shall assume its final .... .1 i ` composition of seven (7) members appointed according to the f ,, criteria listed in Section Two-6. Membership on the EMAB shall _ be based on specific appointment by the Board of County Commissioners after recommendation of appropriate candidates by 1 . . the present EMAB membership. Members of the EMAB shall be ii . ° .f c.�` ; i;1a R1, c wif .. a I y,4 �I(4 % f (+1;' '1c #.}4 _i t'r ,1• *- .,<i•i i.:; '1 '• I,• �,i^ � • "�k• yH l�r f• 1 t• f i_ e 1 l �t 11' i>t K i i .:i I : 33.'. • '.g ' r:: pc/ gI 7 f� 44441 t i it �7 if 44 .r 1 .Y 'f l s ..#i it.''' t P '.'it-f• - ,•[ , i f `k.i Yn .,is 1"y�i. '11 i + ;.- ::1. i:9 e: �"cs :/.I,. 1, .. 1 :f'1}ici" I:?'1:,i i:l\. iS'. i`i; i ' li,ij , t e a .' :it '�. i-1Ki" i, .t1tt i 1; ...• lit-'. sa s, �� ;*1� # 4 -04-1-i,-1'• a�}t 1i :.:1. ` • i ��+ I a� ;A i} iso t, • x �{ If ii ,'j ` It a i}",� " 08-NoV461989''+ f;t1 + ',,(t .i i.,' ^r . i..„.; ,r '`prriananL _asidants and electors of Collier _..linty and should be ! i ;�- ' . - l. VY ArI " , a, reputable and demonstrate an interest in the purposes of the i . i ., ••0.7•',. : 14.11'.! !: ".:1.111.'ON 1 ifok.411 ,. t„,.;71 n ,.i , ...)i r _- :.. 1,1011kair,-, - .. :....„.,:.... ..., . . •.. ..:. „ape „:....41_,:i ':,01 l',',' ,,. i 1 :s7` } tY -, 6. Criteria For The Selection of Members: Members will be 1A41,,,-, 0 A, i, r selected so that the EMAB will have the following composition: ,,, 11' � '.?t { (a) Seven (7) members should have local expertise , ;, :! : '{ '' distributed amongthe Biol Botan or " a x following disciplines: ogY ( 41 �' f ' ' Zoology) , Ecology, Hydrology/Geology, Environmental Science i� .:At5 };' #14ili if SSst Icit ' :k } 1 .11•E ; i . . ' '> if (i.e. , pollution, biology, chemistry, air and Water alit t t �. ! ' „ i i. quality) , 111 �' ' Engineering (Florida registered, with experience in civil },_, r� • z + ` 1t� ' ii. : engineering) , Solid Waste Management and Marina/Estuarine _, `s, 7 leieneet {r� � ;, t }� ti b }E.�•_X 3 13.. ..1 R t.:.•• ;i. , �, 1 v �..it lk ,fir qx ■ •4!. 7. Terns of Office: The tarn of office !or an HMA. nambar , :r �,1. 4,apt" 1 shall commence on January 1st and shall be !or lour (4) years. aA : ,.. •: } s, ».asc . • Terms shall be staggered so that no more than a minority of such �' ,y r.; members' appointments shall expire in any one (1) year. A member may be reappointed for one successive term by the Board. 8. Absenteeism: Any member missing three meetings in a six month period without notifying the Chairman at least two days , prior to the scheduled meeting may be dismissed from the EMAB by a �; the Board. SECTION THREE: OFFICERS AND SUPPORT STAFF. . The officer of the EMAB shall be a chairman and a vice-chairman. The Chairman shall preside at all meetings of the EMAB. The Vice-Chairman shall perform the duties of the chairman `. ' in the absence or incapacity of the Chairman. In case of the , . resignation or death of the Chairman, the Vice-Chairman shall • perform such duties as are imposed on the Chairman until such ' '4i� time as the EMAB shall elect a new Chairman. The Chairman and f • zi' i+": 4; Vice-Chairman shall be elected by a majority vote at the I , organizational meeting and thereafter at the first regular meeting of EMAB in January of each year. Should the offices of Chairman and/or Vice-Chairman become vacant, the EMAB shall elect " a successor from its membership at the next regular meeting. • i - , t' ri i � '.i'• - .. '•1 a.1 •11. f .I ,`�4 ,, ; 1�410 P„1 , .,' •1:.�&,i ..' .•+: t. v • f+; of t if (';,'...4 . + i ,f 4 t 3 1 ”}f L , -L } t' [, : . �d iftI'Il �•�5 11U ,II a l`j ili . Eyyy :1• itfC UV tli 3� �'t5 .�' rpt �'�.'r µ�• -, , t, i'li•11:!;;;•i , , ,...4i;"-'::'l'4 ii xyr•t i " F t `� .P' /�� ''4 11 it" • .n •t. art ii i t t.: ' .. =c f 08-Novat9sl9'1, t,:' t ' n; i,>k t'-',.i',4.:',!';.1 (MOB election shall be for the unexpired taro dl said office.. ".• +°1. ';44 -fir= ,...,•:. r, t When a vacancy arises in the general membership Cf the EMAB, .the i1 ' (i.:':'.!!-?X'. .. N'' . ..„, , 1. . ;-..,, ,,..7: ,y, ,t,::. r`-,r, _7. ., Board shall appoint, after considering the reconnendations of the 1 SMAB and the general public, a new member to fill the unexpired . r s, 4 , •; term accordingto the criteria listed in Section Two-6 with ^' ,i reference toward achieving a uniform distribution of .the fields . : ;{ ' 2�{',� F '�",='r 7 d7 ekpsrtii/e... ,iy i," I� iY 'i , ; . _i , , t;r `°. } , ,I professional support staff for the EMAB shall Come from the , �5, It d( 1 # ; Environmental Services Division, Developmanf'JErt�icee Department •1 n '.,'K Ki.: and such other County staff either from the above-named t 4~ �) ' flidepartments or elsewhere within the County Government as may, '�_ he 1 from time to time, be requested by the EMAB and deemed necessary { y1pry-_ i th Y +01 j•by.till Qoun Reneger. 141, f' ?, w.y.", BBCTtON rotas �jasTINGS it.�, Regular meetings of the EMAB shall be held on the 2nd Wednesday of each month at 9:00 a.m. , in the Commissioner's i Meeting Room, 3rd Floor, Building "F", Collier County Government Complex, Naples, Collier County, Florida. Special meetings of 3 'i the EMAB may be called by the Chairman or by a majority of the membership. Such meetings may be called subject to public notice t • to reduce an overloaded agenda; to consider a specific topic; or to hear a petition due to an extreme hardship. A simple majority i . : 4, of the appointed members of the EMAB shall constitute a quorum for the purpose of conducting business. At the regular meetings the EMAB, the following shall be the t1 $, ' order of business: ' •: ;tiM1 ,.,-.i t -•; 11.!',i;• li t •t s4yI !{ t :i:• r �; i `� 1� Moll Call i :ct , t i ': ! j •xk ;'. t z . ' . • t .1 2. Approval of the Minutes of Previous Meeting 4r + y .. .r:'41.[1,-,-,; t, t „ t .,.' 3 4 Staff Reports !:,-'111#}{,i.1,,1:-.' • { , ;• { 1 '� i a j i .;,00, - +t}i ,x ;f: j .,yFt, }{r ,1 {i { 4 h { j�, t y o -'0 �, 4� lib Hearings " `II f +y'i wt ' 1iir r„ If '.',.:1%':.( �� ti..' r. fpi y-s ? ' '$:;;1::,5111 g k' '`9 + i'{ tit r S L :y 1'w-ray+ rlfy .� ' t'% ':. ,rt- t.,, ,t' s ' 1' ' '4..1'4 +' �1014 *Minims :Y: ;-, :s 4 #� . _ ir+}t{ .3i!r i''' • 11r r: 4 j r 1t•.. >' ', ;41...,";:: _� t + +{ . ''t •^SIS ,a { � I'j � tF. ti, 7t,'{ :,:i..-.-0:4'...,' + .. I a' ''.1.74‘l. i : . • r I ..-:.0j". +a t' tt1 “ ,fa MOW Business :,e t ; 'ip�, . l Iti{ r 1, l^�^ :y t`.. .^!."t'i 't f• /. Adjournment "T.1 i. '1:.:;1?„., to,ii-I� k�i g•1l;�+ i tt f 1.k it, 8. Workshop Session (if applicable) 1 i, , `� �! {!tr•It}' —5- "a ' r t'+ i� ti{ 1t 1, ° ,p:{ r it.: , 0. • t /''( tr i• ,,, ' t'451.F ry ;3: i iv, tlii,, I t t 4 t. It f ....t414/:1111;1, "n Yt j l: r t i. � i ! s J �'� RF ,;i1,11,0;.I4 tt ;.. S ..1 t1. a 1 ♦r41 t t 1dk •F i�{p,*7 �jitw r '+ t 4 i M r St a` • 1 • i t 1 i is...,•:ai r , f.3 �� r t.-14:4! t 4 �ti.ig,igt r ,..'•.' • r.i a.-,, ,,-,•; ,.:i. � .rayy '` ! j . "r ' r t Y 1• F i.3', t t � r41 1‘ . 4. 1 ,¢j; J J ','tt Y i,, , •`1' • + •' i t{ !. . F ! i. . r 9 ' )17, •: I +'• - ;-.-.4117..11111111111111111111111111111113 0'..-..-,-..,:q • '.5,•1:11.- ;i,. r ti six -a'• , .:1 .4. .4:.,, h :t Kiri a lq; ' ' ti 4; 2 ri : 08-Nov-198911 ; t:- , 11� ,�� 4,.4. j Items shall come before the EMAB as scheduled 'on the printed 1.,1,! :; ; x ;'S ; agenda unless a specific request arises which justifies deviation. Agenda items shall be presented by the petitioner or ,AyTi }._ 1' i its authorized representative. rii ? ) ` The votingon allquestions comingbefore,._the EMAB shall be. . • 1 11a` r! +: o { ,•!0 , by voice vote, unless roll call vote is requested by a member, ° i� al � J. /i 44 ,Qi 1; t-. ' i ' and the ayes and nays shall be entered upon the minutes oP such '441i 'a` `E " meetings, except on the election of officers which may be by . 111411.'k I 'Yl t 41ballot. All members, including the Chairman, shall vote on every 1i ; fit s t question unless they disqualify themselves for reasons of �q ; ',` iit' t .•- possible conflict of interest. Any such disqualified members .;.!-'.1,141.` ishall, after establishing a quorum for the purposes of conducting f ; 1. E ; EMAB business, physically remove themselves from the EMAB prior :{ to any discussion of the item. A simple majority of those voting ,r�� , shall decide all votes. Minutes of all meetings of the EMAB shall be recorded and maintained in an acceptable format by the :•••1, - z N , x s, . 4 Clerk of the Board. i•iI• i i) SECTION FIVE: LIBERAL CONSTRUCTION: i'. O: ' The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose in the interest of the - • public health, safety, welfare and convenience. SECTION SIX: REPEAL OF COLLIER COUNTY ORDINANCE NO. 74-50. SECTION 1 (1.051 . Section 1 (1.05) , Collier County Ordinance 74-50 is hereby ti4,1 repealed in its entirety r :if t': SECTION SEVEN: CONFLICT AND SEVERANCE. ' ` .,, In the event this Ordinance conflicts with any other ' .' - ordinance of Collier County or other applicable law, the more F , };; restrictive shall apply. If any phrase or portion of this 3-,.. 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 ,`` •"s a affect the validity of the remaining portion. s . � • i;',1 SECTION EIGHT: EFFECTIVE DATE. is S j l+4 :ili --.-. ii if I '; - ': ,: t.Zi .7':-C 4 , i : 0', , 7. t • r ' ,, Cyj. `) . 'jj )kms' '"1 y} .; ,`z v! 5. -�------- — --.._..._. _—..�.� �:.rr.dt �� fink' Ui; 1 ; +jf..��c. ' � rYy� �i1 S i,•, 4 ,t ilk �' i 1 1 4 5 . ,s li' DRAFT • '1 i:. :A.,i 4 , 6- e.;;' ,-- "` 08-Nov-1989 7 " 08-Nov-1989 "' • This dinance shall become effective : receipt of notice • to the Secretary of State that this Ordinance has been filed with _:LC2.1 -:-...4ii.4;: .ir "1 the Secretary of State. ,. • PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1989 {}r +! sir_ Z 5 =y 1 i• a ' `DIA'TEDIji. • ' t„�. ATTEST: BOARD OF COUNTY COMMISSIONERS r,7-3,1i=P'': JAMES C., GILES, Clerk COLLIER COUNTY, • FLORIDA e EY: •` , Fµ BURT L. SAUNDERS, Chairman -el TSI.,.!�( 1. .. i • Approved as to form and t' 3 '� , i4 legal stiftioiensy: j ',".� ' �`�'>}r y ` len Cuylerizi- , County Attorney ,1-1 .,-,r,.00,,i ek :.:1:.4-ts''.:11:44:111'.: If.. y aL�te, r ; „.,,Ilit:_.ii ,, "trts t • 12fai.. 'I. . it pl $ 1I .A t ! { C'L!' lis,, Y a 3 ,tk { • tri , /I ti ' :.�3q} • r. .= 'i - — - -- --- -,• - i ,; ..,1:11:.,•••••;4:.'.1, It • ( 5 i)t ) - • �. a �{ 4,- ,t i '.dl=moi _ - X3j�1�: �^y { r. wi :a } • t ss ,of:i, ';.,.....-:}rsS . ., +- '+' 1;i:,i: . : • .-.: :: '..-,1:::::::,::,.:": . ,., •:.;'..i:i. ,g ;,'.1:i',—,. !i: •, I.; i,...:.,..:: . 1 t j a A' i, ill ti t IL' 1 s �►((y$� —) °91127 Naples, Florida, March 6, 1990 LET IT BE REMEMBERED, that the Board of County Commissioners in and for the County of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 3:10 P.M. in WORKSHOP SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Max A. Hasse, Jr. VICE-CHAIRMAN: Michael J. Volpe Richard S. Shanahan Anne Goodnight ABSENT: Burt L. Saunders ALSO PRESENT: Carol McClenathen, Deputy Clerk; Neil Dorrill, County Manager; David Weigel, Assistant County Attorney; and William Lorenz, Environmental Services Administrator. Page 1 March 6, 1990 AGENDA WORKSHOP - CREATION OF A NEW ENVIRONMENTAL ADVISORY BOARD COUNTY MANAGER DIRECTED TO CONSOLIDATE THE EAC AND WMAB INTO A NEW ENVIRONMENTAL MANAGEMENT ADVISORY BOARD CONSISTING OF SEVEN MEMBERS Mr. Bill Lorenz, Jr. P.E. Administrator, Environmental Services Division, briefed the Board on the consolidation of the Water Management Advisory Board and the Environmental Advisory Council to create a new Environmental Advisory Board which would be the advisory board for Environmental Services as mandated by the Growth Management Plan. He said the major issue of this proposal is the degree the new EAC will be involved with Land Development Reviews on a project-by- project basis. He said that the proposal will eliminate the new advi- sory board from reviewing projects through the normal process, however, the projects will be reviewed administratively. He noted that any stipulations will come through the public hearing process which is currently is not the case, adding that stipulations are now forwarded through the Collier County Planning Commission to the Board 1 of County Commissioners. Commissioner Volpe indicated that the EAC has matured since the 1970's and his feeling is that staff could be relied upon to provide the technical review required, leaving the reviewing process to the CCPC. He said that he favors charging the new advisory board with long-range planning review. When Commissioner Hasse questioned the number of members on this board, Mr. Lorenz indicated that there would be seven (7) , with the criteria for membership coming from technical disciplines, such as • zoology, biology, botany, ecology, environmental science, etc. He further indicated that the first members of the new board should be drawn from the consolidation of the existing boards, and as the mem- bers terms expire, new members with technical backgrounds will be added. Commissioner Hasse then inquired whether Mr. Lorenz would prefer • Page 2 March 6, 1990 another means to establish this board? Mr. Lorenz suggested mem- bership be advertised with existing members applying for membership. Commissioner Shanahan discussed the review of land development projects by the EAC. He noted there has been considerable resistance by the existing board to be abolished and a new board created. Tape #5 Commissioner Volpe stated that the new as well as the existing EAC will be extremely useful and instrumental in development of policies and presentations in public forums. Commissioner Goodnight indicated that since the EAC set the rules they will be involved. Commissioner,_ai.'andgfs reiterated that there are ordinances written and exceptions brought before the board all the time, adding that he feels that this advisory board should be involved in the petition regarding exceptions because it is an exceptionally strong group of people. Ms. Barbara Cawley stated that she worked with Mr. Lorenz on a number of items involving the EAC, noting that she feels the make-up of the board is extremely important and called for an equally balanced group including technically based members as well as general members, thus avoiding any accusation of the taking of rights. She endorsed the idea of a smaller 5-7 member board. Commissioner Hasse inquired of Mr. Lorenz whether this new EAC would be making presentations to the Collier County Planning Commission or to the Board of County Commissioners. Mr. Lorenz indicated that they would most likely make presen- Z v tations to the Board of County Commissioners. Ms. Cawley indicated that she supports an EAC formed through application and not by appointment by the Board of County Commissioners. Mr. David Addison, representing the Conservancy, read a letter (copy not provided to the Clerk) in which the Conservancy supports a joint board as a logical move, stating that the EAC was originally Page 3 March 6, 1990 intended to be a separate and distinct group, but the Conservancy does not object to a new EMA serving as a TAC, provided it could effectively undertake the new responsibility without impacting the current project review activities. He said if this is not possible, the Conservancy recommends forming a separate committee. The Conservancy is not enthused about loosing the project review aspect because of the importance of the review function, Mr. Addison stated. Commissioner Hasse inquired if the new Board would be reviewing petitions like it has in the past, and Mr. Addison said according to his understanding the new board would be reviewing the structure of the new ordinances which will be going into place under the new Comprehensive Plan. He said that ordinances for environmental poli- cies will never be strong enough to prevent problems the EAC will have to address. The final point Mr. Addison made was to encourage the Board of County Commissioners to leave discretionary power to the staff in order for them to decide which items need to go before the board. Otherwise, he stated, the new advisory board could get backlogged with items to be presented to the board. Commissioner Volpe asked if the staff would be allowed to make these decisions. Mr. Lorenz indicated that he does not have an environmental review staff, noting that the Staff in Development Services reviews these matters. Mr. Lorenz stated he is in charge of developing the rules and guidelines, and discussed an alternative of creating a technical advisory committee with the WMAB and EAC still continuing their current functions, or, possibly, creating a technical advisory commit- tee and a consolidated committee of the WMAB and EAC; thus, having two __ boards with one serving as an appeals board. He said the final prop- sal, which is the subject of today's workshop, is to have a new board involved in rule development with no need to be involved in project review. Commissioner Hasse questioned if a rule development board would Page 4 March 6, 1990 limit environmental protection in any way? Mr. Lorenz indicated there would be problems no matter which way the Board decides to go, because of environmental stipulations put on the project. He said that if a new board is not involved in the land review process, staff will still not have the authority to require certain stipulations and will always have to look at the BCC to require stipulations, adding that without stipulated improvements, there will not be a great degree of protection because of the way the stipulations are interpreted in the enforcement lines. Mr. Addison noted that this Board is simply an advisory board. Commissioner Volpe commented regarding a need for a connection and Mr. Addison indicated there is a diagonal connection. Mrs. Charlotte Westman, representing the League of Women Voters, indicated that the League supports the unification of the two boards and has for the past two years. She said she is concerned with overlapping of services. She indicated that her recommendation is to start with a new board and new members who are representatives of spe- cial fields. She also went on record as endorsing, for the League, the suggestion that some of the members should be representatives of the public. Mr. Bob Roth, Chairman of the Water Management Advisory Board, spoke in favor of combining the two (2) boards but not in favor of the board losing appeal authority. Commissioner Volpe voiced his concern about the expense of having two (2) boards in relation to required time and personnel. Commissioner Hasse stated that he wants to be reassured that environmental control will not be lost regardless of which style EAC is approved. It was the general consensus that the County Manager develop language that will consolidate the two(2) boards into one which will consist of seven (7) members with the replacement of members to be the decision of the Board of County Commissioners and to include language that will allow the petitioner, a project review appeal. Page 5 , • March 6, 1990 • s:s There being no further business for the Good of the County, the meeting was adjourned by Order of the Chair - Time: 4:10 P.M. Page 6 ENVIRONMENTAL SERVICES DIVISION MEMORANDUM TO: Frank Brutt, Community Development Services Administrator David Pettrow, Development Services Director John Madajewski, Project Review Services Manager Eric Worsham, Environmental Specialist II Tom 011iff, Assistant to the County Manager FROM: William D. Lorenz Jr. , PE. , Environmental Services Administrator DATE: 25-Apr-1990 SUBJECT: Proposed Environmental Advisory Board Ordinance, 27 April 1990 (Draft) Attached for your review and comment is the latest draft of the ordinance establishing the proposed Environmental Advisory Board and abolishing the existing WMAB and EAC. This draft reflects comments received on the November 9 , 1989 draft and the BCC workshop of March 6, 1990 . I have also incorporated language reflecting requirements of Ordinance 86-41 which establishes standards for Advisory Boards . Please review and provide me comments by May 4 , 1990 so that I can meet the following schedule: EAB PROJECT SCHEDULE MAY JUNE JULY AUG. SEP. OCT. Staff/COA Review X X WMAB/EAC Presentations XXXX Public Hearing Advertise X Final Approval BCC X Advertise Membership X Appointments by BCC X 1st Meeting X For your convenience, I have also attached the minutes of the March 6, 1990 BCC workshop. WDL:tt Atta hments cc: 'tuart L. Santos, Ph.D. , Natural Resources Director George Yilmaz, Pollution Control Director John Boldt, Water Management Director David Weigel, Assistant County Attorney Environmental Services File NATURAL RESOURCES DEPARTMENT MEMORANDUM • TO: William D. Lorenz Jr. , P.E. , Administrator Environmental :er ' - -s Division FROM: Stuart L. SyM7's, Ph.D. , Natural Resources Director DATE: 26 April 1990 SUBJECT: Review of Draft EAB Ordinance I have read the proposed ordinance again and I offer the following suggestions: Page 3 , Item 3 , line 1 - delete the word "undue" . It is impossible to define and will lead to problems at a later date. If you feel a need to soften a bit, delete "endangerment" and possibly replace with: "advise on the prevention of the extinction, extirpation, alteration, or damage of/to biological natural resources including terrestrial, freshwater, estuarine, and marine flora and fauna. " Page 5, Section 4a, line 3 - 1) reelection is more conventionally re-election. the hyphen makes it easier to read; 2) The next sentence beginning with "Annually" should be deleted. Page 6 , section 4c, line 3 - 1) insert " , County Attorney's Office, " after Department; 2) line 7 , insert " , planning issues, " after appeals. DRAFT 27-APR-1990 ORDINANCE NO. 90 - AN ORDINANCE ESTABLISHING THE COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD AND ABOLISHING THE WMAB AND EAC; PROVIDING FOR AUTHORITY, FUNCTIONS, POWERS AND DUTIES ; PROVIDING FOR MEMBERSHIP; PROVIDING FOR OFFICERS AND SUPPORT STAFF; PROVIDING FOR MEETINGS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR SCOPE OF LAND DEVELOPMENT PROJECT REVIEWS; PROVIDING FOR LIBERAL CONSTRUCTION; REPEALING COLLIER COUNTY ORDINANCE NO. 74-50 SECTION 1 (1. 05) IN ITS ENTIRETY; AMENDING ORDINANCE NO. 77-66 SECTION 10; PROVIDING FOR CONFLICT AND SEVERANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Ordinance 74-50 as amended by Ordinance 87-97 creating the Water Management Advisory Board to review proposed projects and to advise the Board on the impacts of such projects on the land and water resources and environmental quality of Collier County; and WHEREAS, the Board of County Commissioners created the Envivonmental Advisory Council on February 10, 1970 to collect biological , hydrological and geological facts affecting Collier County in order to advise the Board on matters concerning air, land and water pollution as an aid to proper zoning and the preservation of the environment; and WHEREAS, the Environmental Advisory Council and the Water Management Advisory Board exhibit overlapping areas of responsibilities because they are both directed to advise the Board on matters affecting the conservation and maintenance of the County's natural resources; and WHEREAS, the existence of two advisory boards, one to review environmental quality matters, the other to review water management matters, creates an unnecessary duplication in closely related natural resource functions and features; and WHEREAS, the merger of the two advisory boards into one Environmental Advisory Board would eliminate both the fragmentation of the County's natural resource review and the unnecessary duplication involved in the presentation of land development projects to members of both advisory boards; and -1- DRAFT 27-APR-1990 WHEREAS, Objective 1. 1 of the Conservation and Coastal Management Element of the Growth Management Plan requires the establishment of a Technical Advisory Committee to advise and assist the County in the development and implementation of the County environmental resources management program; and WHEREAS, the creation of the Development Services Department with a sufficient number of professionally qualified review staff reduces the need for an appointed Board to duplicate administrative reviews; and WHEREAS, Ordinance 77-66 provides for the Environmental Advisory Council to function as an appeal 's board for Environmental Impact Statements; and WHEREAS, Ordinance 86-41 has established standards for the creation of advisory boards and qualifications for membership and process of appointments; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, that: SECTION ONE: ESTABLISHMENT OF THE ENVIRONMENTAL ADVISORY BOARD; ABOLISHMENT OF THE WMAB AND EAC a) There is hereby established "The Environmental Advisory Board" which shall herein be referred to as the EAB. b) The Environmental Advisory Council and the Water Management Advisory Board of Collier County are hereby abolished. SECTION TWO: AUTHORITY; FUNCTIONS; POWERS AND DUTIES. a) The EAB obtains its jurisdiction, powers, and limits of authority from the Board of County Commissioners, hereinafter referred to as the Board, and pursuant to this Ordinance, shall act in an advisory capacity to the Board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources of or within Collier County. b) The Environmental Advisory Board will function to: -2- DRAFT 27-APR-1990 1. advise on the beneficial use of the physical and biological natural resources (atmospheric, terrestrial and hydrologic) of the County in regard to the safety, health and general well-being of the public; 2 . advise on the prevention of the depletion, deterioration, waste, pollution, or detrimental usage of physical natural resources; • 3 . prevent the undu- endangerment, extinction, extirpation, alteration, or damage of biological natural resources including terrestrial, freshwater, estuarine, and marine plant as well as animal wildlife; and 4 . work toward developing the purpose, intent and criteria of all Collier County ordinances dealing with natural resources; and 5. review and recommend stipulations for selected development orders. c) The powers and duties of the EAB are as follows: 1. to identify, study, evaluate, and provide technical recommendations to the Board on programs necessary for the conservation, management and protection of air, land, and water, resources and environmental quality in Collier County; 2 . to establish goals and objectives for the County's environmental conservation and management programs; 3 . to assist the Board in developing and revising/ as appropriate local rules and regulations addressing the County's natural resources; 4 . to assist in the implementation and development of the Growth Management Plan regarding environmental and natural resource issues; 5. to provide an appeals process to hear disputes between staff and applicants concerning land development projects and recommend proposed stipulations or grounds for denial for Board consideration; -3- DRAFT 27-APR-1990 6. to function as an EIS Appeal Board pursuant to Collier County Ordinance No. 77-66 ; and 7 . to utilize those powers and duties necessary to accomplish the above functions. SECTION THREE: MEMBERSHIP a) Members of the EAB shall be appointed by and serve at the pleasure of the Board. Appointment to the EAB shall be by resolution of the Board and shall set forth the date of appointment and the term of office. b) Vacancies shall be publicized, but need not be advertised, in a publication of general circulation within the County, and vacancy notices are to be posted in the County libraries and County Courthouse. Prior to making appointments, the Board's staff shall provide the Board with a list outlining the qualifications and demographic backround of each candidate, along with a list of present members seeking reappointment. c) Members shall be permanent residents and electors of Collier County and should be reputable and active in community service. Members should demonstrate an interest in the purpose of the EAB, without special conflict of interest. d) The primary consideration in appointing EAB members shall be to provide the Board with technical expertise necessary to effectively accomplish the EAB's purpose. Members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and management: Air Quality, Botany, Coastal Processes, Ecology, Estuarine Processes, Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Pollution Control, Solid Waste, Stormwater, Water Resources, Wildlife Management, and Zoology. e) The initial terms of office of the EAB shall be as follows: -4- DRAFT 27-APR-1990 a. One (1) member will serve until September 30, 1991; b. Two (2) members will serve until September 30, 1992 ; c. Two (2) members will serve until September 30, 1993 ; d. Two (2) members will serve until September 30, 1994 . Thereafter, each appointment or reappointment shall be for a term of four (4) years. All terms of office shall expire on the 30th day of September. Terms of office shall be limited to one term unless waived by the Board by a unanimous vote. A member may be reappointed by the Board for only one (1) successive term and shall apply with other applicants. Terms shall be staggered so that no more than a minority of such members' appointments shall expire in any one (1) year. f) Any member of the EAB may be removed from office by a unanimous vote of the Board. g) Any member shall be automatically removed if he or she is absent from two consecutive meetings without a satisfactory excuse or if he or she is absent from more than one-half of the meetings in a given fiscal year. A member shall be deemed absent from a meeting when he or she is not present during at least 75% of the meeting. SECTION FOUR: OFFICERS AND SUPPORT STAFF. a) The officers of the EAB shall be a Chairman and a Vice-Chairman. Officers' terms shall be for one(1) year, with eligibility for r^lection. Annually, at its first meeting in OcIbbcie.. — September, the membership of the EAB shall elect a chairman and vice-chairman from among the members. The Chairman and ;PT' Vice-Chairman shall be elected by a majority vote at the e�U akg organizational meeting and thereafter at the first regular, au. MIx� '' ci.M meeting of the EAB in October of each year. b) The Chairman shall preside at all meetings of the EAB. The Vice-Chairman shall perform the duties of the chairman in the absence or incapacity of the Chairman. In case of the resignation or death of the Chairman, the Vice-Chairman shall -5- DRAFT 27-APR-1990 perform such duties as are imposed on the Chairman until such time as the EAB shall elect a new Chairman. Should the offices of Chairman and/or Vice-Chairman become vacant, the EAB shall elect a successor from its membership at the next regular meeting. Such election shall be for the unexpired term of said office. c) Professional support staff for the EAB shall come from the Environmental Services Division, Development Services Coorn'1 ATV"f4L'Y's OF F►te., Departmen ',n and such other County staff either from the above-named departments or elsewhere within the County Government as may, from time to time, be requested by the EAB and deemed necessary by the County Manager. Development Services staff will fey,r,j►a6 issue .• provide support for EIS appeals and land development project reviews. SECTION FIVE: MEETINGS; QUORUM; RULES OF PROCEDURE a) Regular meetings of the EAB shall be held on the 2nd Wednesday of each month at 9: 00 a.m. , in the Commissioner's Meeting Room, 3rd Floor, Building "F" , Collier County Government Complex, Naples, Collier County, Florida. Special meetings of the EAB may be called by the Chairman or by a majority of the membership. Such meetings may be called subject to public notice to reduce an overloaded agenda; to consider a specific topic; or to hear a petition due to an extreme hardship. b) A simple majority of the appointed members of the EAB shall constitute a quorum for the purpose of conducting business. An affirmative vote of five (5) or more members shall be necessary in order to take official action, regardless of whether five(5) or more members of the EAB are present at a meeting. c) The EAB shall , by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings and determinations. The EAB may establish subcommittees comprised -6- DRAFT 27-APR-1990 solely of its membership to facilitate its functions. Meetings of the subcommittees shall conform to the same public notice requirements as that of the EAB. d) At the regular meetings of the EAB, the following shall be the order of business: 1. Roll Call 2 . Approval of the Minutes of Previous Meeting 3 . EIS Appeals 4 . Land Development Project Reviews 5. Old Business 6. New Business 7 . Adjournment Items shall come before the EAB as scheduled on the printed agenda unless a specific request arises which justifies deviation. Agenda items for appeals shall be presented by the petitioners or their authorized representatives. SECTION SIX: SCOPE OF LAND DEVELOPMENT PROJECT REVIEWS. It is the intent of this ordinance to require the EAB to serve as an appeals board for land development projects when an applicant and staff do not agree on stipulations and conditions recommended by the Project Review Services Manager; SECTION SEVEN: LIBERAL CONSTRUCTION: The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose in the interest of the public health, safety, welfare and convenience. SECTION EIGHT: REPEAL OF COLLIER COUNTY ORDINANCE NO. 74-50, SECTION 1 (1. 05) . Section 1 (1. 05) , Collier County Ordinance 74-50 as amended by Ordinance 87-97 is hereby repealed in its entirety. SECTION NINE: AMENDMENT OF COLLIER COUNTY ORDINANCE NO. 77-66. Section Ten (10) , Collier County Ordinance 77-66 is hereby amended as follows: Any person aggrieved by the decision of the County Manager regarding any section of this ordinance may -7- DRAFT 27-APR-1990 file a written request for appeal, not later than ten (10) days after said decision, with the Environmental Advisory eettneil Board. The Environmental Advisory eeuneie]-Board will notify the aggrieved person and the County Manager of the date, time and place that such appeal shall be heard; such notification will be given twenty-one (21) days proper to the hearing unless all parties waive this requirement. The appeal will be heard by the Environmental Advisory eetine41 Board within sixty (60) days of the submission of the appeal. Ten (10) days prior to the hearing the aggrieved person shall submit to the Environmental Advisory eettneil Board and to the County Manager copies of the data and information he intends to use in his appeal. Upon conclusion of the hearing the Environmental Advisory eeuneil Board will submit to the Board of County Commissioners their facts, findings and recommendations. The Board of County Commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the County Manager in light of the recommendations of the Environmental Advisory eetineil Board. SECTION ELEVEN: CONFLICT AND SEVERANCE. 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 TWELVE: EFFECTIVE DATE. -8- DRAFT 27-APR-1990 This Ordinance shall become effective upon receipt of notice to the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1989 . DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS JAMES C. , GILES, Clerk COLLIER COUNTY, FLORIDA BY: MAX A. HASSE, JR. , Chairman Approved as to form and legal sufficiency: Ken Cuyler, County Attorney -9- GOAL 6: THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE HABITAT. * * OBJECTIVE 6. 1: By August 1, 1992 , identify, define and prepare development standards and criteria for all important native County habitats. Until the adoption of specific development criteria, the County will continue to follow current practices of habitat and species protection through negotiations between County staff and development interests as part of the public hearing process. These negotiations are based on provisions in County Ordinances including Ordinance 75-21, the Tree Removal Ordinance; Ordinance 77-66, the Environmental Impact Statement Ordinance; Ordinance 80-19, the Coastal Construction Control Line Ordinance; Ordinance 82-37, the Exotic Plants Ordinance; and Ordinance 74-9, the Exotic Fish Ordinance. Policy 6. 1. 1: By August 1, 1990, inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species for intertidal and coastal strands, undeveloped coastal barriers, and xeric scrub habitats, with criteria for development and standards for land clearing in these habitat areas. Policy 6.1.2: By August 1, 1991, inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species, for marine, freshwater, and transitional zone wetlands, and hardwood hammocks. Policy 6.1.3: By August 1, 1992, inventory, define and prepare development standards and criteria, based on the presence of dominant or indicative species, for pine flatwoods and dry prairie habitats. Policy 6.1.4: All other species associations that may be defined as a discrete habitat community will be considered for development criteria and standards for land clearing as part of this process. Policy 6.1.5: The above developed criteria and standards shall be modified as appropriate as individual watershed management plans and NRPAs are developed. * * Amended May, 1990 C-I-22 OBJECTIVE 6.2 : There shall be no unacceptable net loss of viable naturally functioning marine and fresh water wetlands, excluding transitional zone wetlands which are addressed in Objective 6. 3 . Policy 6.2 . 1: Until such time that Natural Resource Protection programs/plans (Objectives 1. 3 , 2 . 5 and 11. 6) and development standards for habitat areas (Objective 6. 1) are adopted, the following policies shall serve as interim criteria for incorporation into all development orders. Policy 6.2 .2: All wetlands are designated as environmentally sensitive areas. Policy 6.2 .3: Altered or disturbed wetlands are considered to be not viable, not naturally functioning, degraded wetland ecosystems. Policy 6.2 . 4 : The following policies shall not be construed to prevent timbering operations so long as timbering operations utilize best management practices to minimize the effects on the wetlands. Policy 6.2 . 5: Creation of new wetlands, where mitigation is required, is encouraged first in upland areas where exotics dominate. Policy 6.2 .6: Marine wetlands are defined as areas with a water regime determined primarily by tides and the dominant vegetation is salt tolerant plant species including those species listed in Subsection 17-4 . 02 (17) , Florida Administrative Code, "Submerged Marine Species" and seaward of the Coastal Management Boundary as shown on the Future Land Use map, exclusive of subtidal habitats as addressed in Objective 6.6. Policy 6.2.7: Mitigation for development in altered marine wetlands shall include enhancement or restoration of other altered wetlands or creation of new wetlands either on at least an equal area basis or where an alternative found appropriate by the Board of County Commissioners mitigates any altered wetlands in order to limit cumulative and specific impacts on Coastal wetland and wildlife resources. Policy 6.2 .8: All mitigation for development in Coastal area wetlands should occur in the Coastal area. C-I-24 Policy 6.2.9: defined Wetlands, toincluding currenttransitional definitionswetlands, be the Florida pursuantDepartment of Environmental Regulation. Policy 6.2 . 10: Any development activity within a viable naturally functioning freshwater wetland not part of a contiguous flow way shall be mitigated in accordance with current South Florida Water Management • District mitigation rules. Mitigation may also include restoration of previously disturbed wetlands or acquisition for public preservation of similar habitat. Policy 6.2.11: For mitigation of freshwater wetlands outside of the Coastal area, first consideration shall be given to mitigation on site, followed by mitigation in the adjacent contiguous area, followed by mitigation in the same watershed, followed by mitigation in adjacent watersheds. Policy 6.2 . 12: For projects that require wetland mitigation an entity shall be designated responsible to monitor the compliance of the mitigation stipulation. Policy 6.2. 13: Proposed development on parcels containing viable naturally functioning freshwater wetlands shall cluster development to maintain the largest contiguous wetland area practicable and shall be designed to disturb the least amount of native wetland vegetation practicable and to preserve the pre-development hydroperiod. Policy 6.2.14: Where appropriate, incorporate on-site freshwater wetlands into stormwater management plans in order to restore and enhance the historic hydroperiod and ensure the continuity of natural flow way. C-I-25 OBJECTIVE 6. 3: A portion of the viable, naturally functioning transitional zone wetlands shall be preserved in any new non-agricultural development unless otherwise mitigated through the DER and the COE permitting process and approved by the County. Policy 6.3. 1: The transitional zone wetland shall be defined as an area of which at least 50% is inhabited by those species, considering all strata, listed in the wetland definition used by the Florida Department of Environmental Regulation. Policy 6.3.2 : Development activities within the transitional zone areas shall be mitigated on a case by case basis. Mitigation of transitional wetlands may take several forms. Among the types of mitigation that are appropriate are preservation, enhancement or of restoration of wetland areas, or preservation, enhancement or restoration of important upland native vegetative communities or wildlife habitat. Policy 6.3.3 : Credits toward the Park and Recreational Impact Fee shall be given any conservation buffer or transitional zone wetlands preserved on site for passive recreation uses. The credit shall be set on a per acre preserve basis. A conservation easement or other permanent dedication shall be created for any buffer or wetland for which an impact fee credit is given. C-I-26 OBJECTIVE 6.4: A portion of each viable, naturally functioning non-wetland native habitat type shall be preserved or retained as appropriate. Policy 6. 4 . 1: By the time mandated for the adoption of land development regulations pursuant to Chapter 163 . 3202 , F.S. , including any amendments thereto August 1, 1989, appropriate ordinances shall be modified to require that viable naturally functioning native habitat communities be identified on all plans for developments requiring site development plans. Policy 6.4.2: Flexibility in the form of area tradeoffs or mitigation should be allowed in the determination of areas within developments to be preserved. Policy 6.4 .3: Require new developments to submit and implement a plan for exotic plant removal and long-term control. Such implementation may be considered as mitigation. Policy 6. 4 .4 : Any development proposal in a "ST" zoned area or any other area designated "environmentally sensitive" shall have a site inspection, where appropriate, by County staff and be reviewed for approval as defined in the "ST" zoning procedure. Policy 6 .4.5: Developments greater than 2.25 acres shall be required to receive a tree removal permit according to the requirements of the Protected Tree Ordinance. Until the adoption of comprehensive land development regulations, tree removal permits shall incorporate criteria contained in all applicable objectives and policies of this Conservation and Coastal Management Element. Policy 6.4.6: All new residential developments greater than 2 . 5 acres in the Coastal Area and greater than 20 acres in the coastal urban area shall retain 25% of the viable naturally functioning native vegetation on site, including both the understory and the ground cover emphasizing the largest contiguous area possible. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. Areas of landscaping and open space which are planted with native species shall be included in the 25% requirement considering both understory and groundcover. Where a project has included open space, recreational amenities, or preserved wetlands that meet or exceed the minimum open space criteria of Collier County, this policy shall not be construed to require a larger percentage of open space set aside to meet the 25% native vegetation policy. This policy shall not be interpreted to C-I-27 allow development in wetlands, should the wetlands alone constitute more than 25% of the site. Exceptions shall be granted for parcels that cannot reasonably accommodate both the native vegetation and the proposed activity. Policy 6.4 .7: All other types of new development shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the County development review process. Preservation of different contiguous habitats is to be encouraged. When several different native plant communities exist on site, the development plans will reasonably attempt to preserve examples of all of them if possible. However, this policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than the portion of the site required to be preserved. Exceptions shall be granted for parcels which can not reasonably accommodate both the preservation area and the proposed activity. Policy 6.4 .8: Agriculture shall be exempt from the above preservation requirements provided that any new clearing of land for agriculture shall not be converted to non-agricultural development for at least ten years. For any such conversions in less than ten years, any County-imposed restoration measures of the site must be restored to native vegetation. C-I-28 • OBJECTIVE 6. 5: By the time mandated for the adoption of land development regulations pursuant to Chapter 163 . 3202 , F.S. , including any amendments t ,vegetationCounty intoshall landscapethe designszoning code to incorporatenative Policy 6 . 5. 1: Priorities for incorporating non-noxious native vegetation into landscape design shall be as follows: a. The first choice is to keep and enhance existing native habitats onsite and thtintact for incorporationiintoathee habab landscape design. b. If this is not practicable, then consideration should be given to transplanting existing species to another location on site. c. If this is not practicable, then attempt to use native species to recreate lost native habitat. d. If re-creating the native habitat is not practicable, then the new landscape design shall incorporate the use of plants that promote "xeriscape" principles. Policy 6 . 5.2 : Landscape ordinances will identify specific plant coverage and assemblage requirements. C-I-29 OBJECTIVE 6. 6: There shall be no net loss of important, viable, naturally occurring, submerged, marine habitat. Policy 6.6. 1: By August 1, 1990, identify, inventory, and map both disturbed and undisturbed sea grass beds and other submerged marine habitats that are deemed important. Policy 6.6.2 : By August 1, 1991, regulate boat traffic and other uses and activities as necessary to conserve, protect, and enhance, as appropriate, these habitats. Policy 6.6.3 : Where applicable guidelines of Department of Natural Resources and Department of Environmental Regulations for Outstanding Florida Waters and Aquatic Preserves shall be considered to review land development projects in and near sea grass beds. C-I-30 OBJECTIVE 6.7 : use The County will haredprotect, orconserve tangential topStateaandyFederalecological lands communities s and other local governments. policy 6.7 . 1: The County shall coordinate with adjacent counties, State and Federal agencies, other owners of lands held in the public trust, and the Southwest Florida Regional Planning Council to protect unique communities located along the County's border by controlling water levels and enforcing land development regulations with regard thereto. Policy 6.7.2: By January 1, 1990, develop a procedure with the appropriate counties to meet at a specified frequency to discuss upcoming land development projects that would have an impact on ecological communities in both Counties. Policy 6.7 . 3: The County shall assist to assure compliance with all State and Federal Regulations 'sharedpertaining ecologicalendangered and rare species living in such C-I-31 OBJECTIVE 6.8: The County shall protect natural reservations from the impact of surrounding development. Policy 6.8. 1: All requests for land development within 1000 feet of natural reservations shall be reviewed as part of the County' s development review process to insure no unacceptable impact to the natural reservation. Policy 6.8.2: Criteria contained in applicable objectives and policies of this element shall apply to development near natural reservations. C-Z-32 riPP L SEP 121990 ORDINANCE 88- 26 Project Review Services AN ORDINANCE TO REGULATE EXCAVATIONS WITHIN COLLIER COUNTY, FLORIDA; PROVIDING FOR FINDINGS AND THE PURPOSE OF THE ORDINANCE; PROHIBITING EXCAVATIONS WITHOUT A PERMIT; PROVIDING DEFINITIONS; PROVIDING EXEMPTIONS; PROVIDING FOR ISSUANCE OF PERMITS; PROVIDING GENERAL REQUIREMENTS FOR ISSUANCE OF PERMITS; PROVIDING REQUIRE- MENTS FOR CONSTRUCTION OF EXCAVATIONS; PROVIDING INSPECTION AND REPORTING REQUIREMENTS; PROVIDING FOR FEES; PROVIDING FOR PERFORMANCE GUARANTEE REQUIREMENTS; PROVIDING FOR APPEALS; PROVIDING FOR LIBERAL CONSTRUCTION OF THE ORDINANCE; PROVIDING FOR IMPLEMENTATION OF THE ORDINANCE; PROVIDING FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE EFFECT OF THE ORDINANCE ON PREVIOUSLY ISSUED PERMITS AND EXISTING EXCAVATIONS; PROVIDING FOR COMPLIANCE WITH STATE AND FEDERAL PERMITS; REPEALING ORDINANCE NOS. 73-12, 80-26 AND 83-3 WHICH PROVIDED FOR REGULATION AND ISSUANCE OF EXCAVATION PERMIT; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION 1 : FINDINGS. The Board of County Commissioners hereby finds that the right to acquire and possess property includes the right to use the property and to conduct excavations thereon. The Board of County Commissioners further finds that the excavation of private property within the County for site development or recovery of natural resources generates economic benefits to the citizens of the County through increased employment opportunities, higher tax revenues for improved property and reduces costs for certain building materials. The Board of County Commissioners further finds that certain aspects of the excavation process may potentially have undesirable impacts on the County and hereby finds that it is appropriate to impose certain reasonable regulations on excavations within the County as hereinafter provided. SECTION 2: PURPOSE. The purpose of this Ordinance is to establish a reasonable regulatory framework to regulate excavations within the County so as to minimize any potentially adverse impacts of the excavation activity on public health, safety and welfare of the citizens of this County. SECTION 3: UNLAWFUL. • It shall be unlawful for any person, association, corporation or other entity to create, attempt to create, or alter an excavation without having obtained a permit therefore, except as provided herein. PAGE 1 of 19 SECTION 4: DEFINITIONS. For the purposes of this Ordinance the following definitions will be used: A. "Excavation" shall mean the removal of any material to a depth greater than 3 feet below existing grade over any area or 1 foot below existing grade over an area greater than 10,000 square feet. B. "Board" shall mean the Board of County Commissioners of Collier County Florida. C. "Advisory Board" shall mean the Collier County Water Management Advisory Board. '' 0- SU cc -..C-TCD/Z- ao,ait. D. "Director" shall mean the Director of the Collier County Water Management Department who is acting on behalf of and under the delegated authority of the County Engineer and the Board. E. "Surveyor/Engineer" shall mean the professionals providing technical services on the project who are registered in the State of Florida. F. "Applicant/Permittee" shall mean the property owner, developer, or their authorized agent that may include the excavator or the project's surveyor/engineer. SECTION 5 : EXEMPTIONS. The following activities, to the extent specified herein, are exempt from the requirements of this Ordinance, provided that no excavated material is removed off-site, but are subject to compliance with all other applicable laws and County ordinances: A. Earth moving in conjunction with any routine maintenance activity which restores the excavation to the final, and previously excavated, slope and depth configuration approved by the Board, or with the installation of an underground utility which is to be backfilled. B. Foundations of any building or structure, providing the excavation will be confined to the area of the structure only. C. Excavations relating to the accessory use of property which by nature are of limited duration and designed to be filled upon completion, i.e. , graves, septic tanks, swimming pools, fuel storage tanks, etc. D. The regrading only of any property for aesthetic purposes that does not create a body of water or affect existing drainage patterns. E. Agricultural drainage and irrigation work incidental to agricultural operations. F. The grading, filling, and moving of earth in conjunction with road construction within the limits of the right-of-way or construction easement when the construction plans have been approved by the Collier County or State Department of Transportation. PAGE 2 of 19 G. Farm animal watering ponds or excavations located on single-family lots/tracts where the net property size is 5 acres or less are exempt from the permitting procedures contained in this Ordinance, but must comply with all the construction standards of this Ordinance. Such exemptions apply only if: 1. Excavation does not exceed 1 acre in area and 12 feet in depth; 2. No excavated material is removed from the property. SECTION 6 : ISSUANCE OF PERMITS. A. The permits required by this Ordinance shall be issued by the Director in accordance with the procedures set forth herein and shall come under either of the following categories: 1 . PRIVATE EXCAVATIONS - Considered to be an excavation where the excavated material is not removed from the property and where the disturbed surface area at grade does not exceed 2 acres. Where more than one excavation is proposed for the same piece of property or properties under common ownership and the combined disturbed surface area exceeds 2 acres, the permits shall not be issued as a PRIVATE EXCAVATION. 2. COMMERCIAL EXCAVATIONS - Considered to be any excavation wherein the excavated material is removed from the subject property, for whatever purpose. - - -- - - 3. DEVELOPMENT EXCAVATIONS - Considered to be any excavation located within the boundaries of a Planned Unit Development or Subdivision Development De w rtes-6= /SW d Aj2 c 4 0 0A..) x cc jam✓ /,3 v r .v° rt s / .o✓�'Yj �=2p.� �r� cua c Lx- PR6 Pev2.7 17 r o 2 (-Oh‘,4rc PlAepos& provided that: a. The excavations were clearly defined and detailed as to location, size, shape, depth and side slopes during the development's review process = = - - - - : and approved by the Board after appropriate public hearings) ( 1= A.PPL-i c--4a3 c-c. �u2�aG -rrtC:, Pt- R^» �O2 SM� Auto X55SS b. approved by the Board, -se excavated material in -rrre M ovAir axes-as-4g- 10% (to a maximum of 20,000 cubic yards) of the total volume excavated =.1 be removed from the development. Intentions to remove material must be clearly stated during the development's review and approval process. The design depth of the excavation shall be adjusted accordingly to minimize off-site removal of surplus material. PAGE 3 of 19 B. Issuance of PRIVATE and DEVELOPMENT EXCAVATION Permits: The Director may administratively approve and issue PRIVATE and DEVELOPMENT EXCAVATION Permits where all of the applicable standards of this Ordinance have been met. When, rrev_k S SPu E= /J EI-1.,)ee^) 6'1 Fir ALAJ 0 /443/0a CATSn)Ce 2 , C, 7-rr .1"-)4..v.o.-4.440_5 - - == • - _ the application shall be submitted to the Advisory Board with ultimate approval or denial required of the Board. - .. sha - . • - • - -- • . • : - . . C. Issuance of COMMERCIAL EXCAVATION Permits: Applications for COMMERCIAL EXCAVATION Permits must be reviewed by the Director and by the Advisory Board IF pp,,, L-e, and approved by the Board. D. Upon Director or Board approval, the Applicant will, within 60 days of written notification from the Director, pay the required permit fee, and post, if required, the appropriate performance guarantee. In addition, the Applicant shall provide written proof of payment of road impact fees in accordance with Section 7.A.7. ,if required. Failure to pay the fees and post the guarantee, within this time period shall constitute abandonment of the excavation permit application and will require complete reapplication and review in accordance with all requirements in effect at the time of reapplication, with the following exceptions: 1. Upon receipt of an Applicant's written request with sufficient justi- fication, as determined by the Director, and payment of a time extension fee, the Director may, one time only, authorize the extension of the permit issuance time for up to 120 days. 2. All previously approved excavation permits that have yet to be issued by the Director become eligible for the above time extensions upon the effective date of this Ordinance. • • ••• • - .. _ . ] . - : - . • L. - _ _ . _ - .5: . • • E. Duration of Excavation Permits: 1 . PRIVATE EXCAVATION permits shall be valid for a period of 12 months from the date of issuance. If the work is not completed in that time, a second application, with a reapplication fee must be submitted to the Director, requesting up to an additional 12 months to complete the excavation. If the Director finds a sufficient cause to grant the request, a permit extension will be issued. PAGE 4 of 19 2. COMMERCIAL and DEVELOPMENT EXCAVATION permits will be of indefinite duration or until the excavation reaches the limits of the permitted size, provided the excavating operation remains active in accordance with the requirements of this Ordinance. SECTION 7: GENERAL REQUIREMENTS FOR ISSUANCE OF EXCAVATION PERMITS. A. Unless otherwise directed,/B/copLif of all required application documents shall be submitted to the Director on a form to be supplied by Collier County. • i • . • - • - . The application shall include, but not be limited to, the following information: 1. The name, address and telephone number of the Applicant or his agent, and, if known, the excavator. 2. Proof of ownership, legal description and location of the property involved. A small location map, drawn on 8}"x11" paper, shall accompany the application, clearly showing the location of the proposed excavation(s) in relation to commonly recognized landmarks. 3. A signed statement by the Applicant or his agent which includes: a. A statement that he has read this Ordinance and agrees to conduct the excavation in accordance with this Ordinance and other County and State codes and laws, including but not necessarily limited to Blasting Ordinance No. 88-12, Tree Removal Ordinance No. 75-21, Special Treatment Environmental Ordinance No. 76-43, Road Impact Fee Ordinance No. 85-55 and any amendments and successor ordinances to those ordinances. b. A statement of purpose of excavation and intended use of the excavated material. 4. Exhibits prepared and sealed by the project's surveyor/engineer showing: a. The boundaries of the property. b. Existing grades on the property. c. The level of the mean annual high and low water table. d. The grades which will exist following the completion of the excavation. e. The volume of the excavation. PAGE 5 of 19 f. Easements, existing utilities, roads and setbacks, and zoning. g. Drainage and flow ways. h. Aerial limits of any special site vegetation such as mangrove, cypress or other wetland species. i. Logs of soil auger borings with field classification shall be provided, unless circumstances indicate they can be waived by the Director, for use in determining minimum and maximum depths and appropriate side slope configurations. The depth of the soil auger borings shall extend to a point at least 1 foot below the proposed bottom elevation of the excavation, and shall be of at least the following density according to size of each excavation: 0-.9 acre/two locations; 1-4.9 acres/three locations; 5-9.9 acres/four locations; 10 acres or more/four locations for 1st 10 acres plus one for each additional ten acres or fractional part thereof. J 1*t€ P2osiLl- 15 3r Su3M ITTe6 Tio T7re / JS /2 /3o�+m 5. A Qfedist of the names and addresses, obtained from the/ latest official tax rolls, of all owners or owner associations of property within 1/4 mile of the excavation or on-site vehicle access route or within 300 feet of the property lines of the property on which the excavation is to be performed, whichever is less. The Applicant shall also furnish the Director with said owners' names and addresses on preaddressed 4"x9}" envelopes with first class postage ready for mailing. 6. Water Management Plan detailing methods for the conservation of existing on-site and off-site surface drainage systems and groundwater resources. Copies of an appropriate Surface Water Management Permit and/or Water Use Permit (Dewatering) as required and issued by the South Florida Water Management District shall be provided to the Director prior to commencing the excavation operation. 7. If excavated material will be removed from the property, and unless, due to site-specific circumstances, the requirement is waived by the County Engineer, a traffic and road impact analysis will be made by the County Transportation Department to address the following: a. Indentifying the project's zone of influence, that is, the distance from the site that traffic is either generated from or attracted to. b. The existing condition of the road system within the excavation project's zone of influence. PAGE 6 of 19 c. The capacity of the road system within the zone of influence to handle existing traffic, normal growth in the traffic, and additional traffic generated from the excavation project in consideration of the time frame of the traffic generation and the wheel loadings of such traffic. d. The site-specific road work within the zone of influence which are necessary prior to the start of the project and which are necessary during the project so as to assure that premature road failure and/or severe road damage will not occur. e. Road work to be undertaken by the County and road work to be undertaken by the Applicant to mitigate adverse road impacts along with confirmation of the security, if applicable, to be provided by the Applicant to assure completion of the identified road work. Any and all security and/or performance guarantee required in excess of $100,000 as set forth in the road impact analysis shall be secured or guaranteed in accordance with Section 11 of this Ordinance. Should there not be concurrence by the County Engineer and the Applicant of the improvements, maintenance, performance guarantee, and/or other requirements on the part of both parties based on the road impact analysis, the permit application along with applicable information shall be subject to review and recommendation by the Advisory Board followed by review and action by the Board. 8. Should blasting be necessary in conjunction with the excavation, all blasting shall be done under an approved Collier County User/Blaster Permit with no overburden removed prior to blasting from the area planned for excavation unless otherwise approved by the County Engineer. Said p ke%l i Ste, as permits shall be obtained from e e Collier Countyneergar-tmeat-. Should approval for blasting not be granted to the Applicant, the Applicant shall remain responsible to meet any and all requirements of an approved Excavation Permit unless the subject Excavation Permit is modified in accordance with this Ordinance. 9. If trees are to be removed as a result of the excavating operation, a Tree Y IZOT�C� (Q1it L Removal Permit shall be obtained from t-Itir Collier County Ihttucrensalrrce before work shall commence. PAGE 7 of 19 B. If the application is made by any person or firm other than the owner of the property involved, a written and notarized approval from the property owner shall be submitted prior to processing of the application. C. The Director shall give prior written notice of the Advisory Board meeting, by first class mail, as noted in Section 7.A.5, to all adjacent property owners as determined by reference to the latest official tax rolls. D. Approval by the Director and the Board shall be granted only upon competent and substantial evidence submitted by the Applicant, that: 1. The excavation will not interfere with the natural function of any sanitary, storm or drainage system, or natural flowage way, whether public or private, so as to create flooding or public health hazards or jeopordize the natural resources and environment of Collier County. 2. Dust or noise generated by the excavation will not cause a violation of any applicable Zoning Ordinance. Rock crushing operations or material stockpiles that will be adjacent to any existing residential area may require separate County approval. - 3. The excavation will not adversely affect groundwater levels, water quality or surface water flowways. The Director may require the Applicant to monitor the quality of the water in the excavation and adjacent ground and surface waters. Under no circumstances shall the excavation be conducted in such a manner as to violate Collier County or applicable State of Florida water quality standards. 4. The excavation will be constructed so as not to cause an apparent safety hazard to persons or property. 5. The excavation does not conflict with the Comprehensive Land Use Plan or land use regulations adopted pursuant thereto, nor does it conflict with existing Zoning Regulations. The Applicant shall provide written statements to this effect from the, Planning d 'o-{o Dep ^errt D tore prior to the issuance of the permit. Special criteria and approval procedures may be necessary for projects within the Big Cypress Area of Critical State Concern. PAGE 8 of 19 SECTION 8: REQUIREMENTS FOR THE CONSTRUCTION OF EXCAVATIONS. A. Setbacks--Excavations shall be located so that the top-of-bank of the excavation shall adhere to the following minimum setback requirements: 1. 100 feet from the right-of-way line or easement line of any existing or proposed, private or public, street, road, highway or access easement. 2. 50 feet from side, rear or abutting property lines, except where the excavation is located in agriculturally or industrially zoned districts abutting a residentially zoned district, the setback shall be 100 feet from the residentially zoned property. Lxm 0 i T )4 Exceptions to the above-referenced setbacks - - _ - • _ - - - el: . Said exceptions shall—he based upon recognized standards for traffic engineering and road design (AASHTO) and -shall incorporate such factors as road alignment, travel speed, bank slope, road cross-section, and need for barriers. T{,o CaulatFKag neer 4 • - -• a- - - - •- _•: - - - - - . .I r-ries—tie-v Ices-,---J-£ B. Side Slopes--The finished side slopes of the excavated area, expressed as the ratio of the horizontal distance in feet to 1 foot of vertical drop, shall be as follows: 1. PRIVATE or DEVELOPMENT EXCAVATIONS: A 4.0:1 slope shall be graded from the top-of-bank to a "break-point" at least 3 feet below the mean annual low water level. Below this "break- point", slopes shall be no steeper than 2.0:1. 2. COMMERCIAL EXCAVATIONS: A 3.0:1 slope shall be graded from the top-of-bank to a "break-point" at least 6 feet below mean annual low water level. Below this "break-point", slopes shall be no steeper than 2.0:1. 3. GENERAL: a. All governing side slopes shall be considered from the top-of-bank of the resulting excavation, whether said top-of-bank is at the surface of adjacent fill material or at existing ground level. PAGE 9 of 19 b. If rock, homogenous to the bottom of the excavation, is encountered at any elevation above the "break-point", then the remaining slope below the "break-point" shall be no steeper than 0.5:1. If said homogenous rock is encountered below the "break-point", then the slope below the "break-point" shall be no steeper than 2.0:1 to the rock elevation, and no steeper than 0.5:1 from the rock elevation to the bottom of the excavation. However, in no case shall the 0.5:1 slope originate less than 6 feet below the mean annual low water level. c. In the event that property where a COMMERCIAL EXCAVATION was previously excavated is rezoned/developed for uses other than agriculture, the excavation shall be modified to the standards for DEVELOPMENT EXCAVATIONS in accordance with the requirements of Section 83.1. , or other criteria as may be more stringent. d. Exceptions to the side slope requirements that can be justified by such alternatives as artifical slope protection or vertical bulkheads shall be approved in advance by the Director. C. Depths--Unless site conditions, water quality -or soil information indicates otherwise, the excavation depths as measured from the resulting average top-of-bank shall be as follows: 1. Maximum: PRIVATE and DEVELOPMENT EXCAVATIONS shall not exceed 12 feet in depth unless computations using the "fetch formula" of maximum depth = 5 feet + (0.015) x (mean fetch in feet) indicate that deeper depths are feasible. The mean fetch shall be computed as follows: ("A" + "B")/2 where "A" is the average length parallel to the long axis of the excavation and "B" is the average width of the excavation as measured at right angles to the long axis. COMMERCIAL EXCAVATIONS shall not exceed 20 feet in depth unless otherwise supported by the "fetch formula", or if it can be shown from a comparative water quality study that depths in excess of 20 feet will not, because of aquifer conditions or relative location to coastal saline waters, have a detrimental effect on the groundwater resources in the surrounding area. 2. Minimum: In order to assure that unsightly conditions or undesirable aquatic growth will not occur in wet retention areas during the dry season of the year, the bottom elevation of these excavations shall be at least 6 feet below the mean annual low water level. PAGE 10 of 19 3. Over Excavation: In those instances where the excavator over-excavates the depth of the excavation by more than an average of 10X, written justification shall be submitted to the Director by the project's surveyor/engineer providing an assessment of the impact of the over- excavation on the water quality of the excavation. If, upon review of the assessment statement by the Director the increased depth is found to be unacceptable, the Permittee shall be required to fill the excavation to the permitted depth with materials and methods approved by the Director. If the increased depth is deemed acceptable by the Director , a penalty will be assessed against the Permittee for the volume of the over-excavated material. The penalty shall be at the rate of 50C for each additional cubic yard of excavated material. D. Fencing--If, at any time, the Director finds that the location and conditions of an excavation are not in, or able to be brought into, compliance with all requirements of this Ordinance, the excavation shall be buffered with a minimum of a 4 foot high fence with "No Trespassing" signs as deemed appropriate by the Director to deter passage of persons. E. Hours of Operation--Hours of equipment and blasting operations shall be regulated by appropriate County Ordinances and State laws. Unless otherwise approved by the County Engineer, all excavation operations, with the exception of dewatering pumps, which are within 1000 feet of developed residential property, shall be limited to operating hours between 7:00 A.M. and 6:00 P.M. , Monday thru Saturday. Additionally, such excavation operations shall be in compliance with any and all County ordinances which establish operating controls by hours, days, noise level, or other parameters relating to public health, safety and welfare. F. Restoration--Upon completion of the excavation operation, the subject property shall be restored as required by the 1986 State of Florida Resource Extraction Reclamation Act (Chapter 378, Part IV, Florida Statutes) . Reclamation shall mean the reasonable rehabilitation of the total disturbed area where the resource extraction has occurred, and shall meet the reclamation performance standards established by the State. All disturbed areas, including the excavation side slopes above the water line and a 20 foot wide area around PAGE 11 of 19 the entire perimeter of the excavation, shall be sodded or fertilized and seeded with a "quick-catch" seed variety approved by the Director within 60 days of the final side slope shaping in order to minimize the potential for erosion. G. Discontinuance of Operations--If the excavating operation is inactive for a period of 90 consecutive days, except due to strikes or Acts of God, all side slopes, including the working face, shall conform with this Ordinance and a report so stating, prepared and sealed by the project's surveyor/engineer shall be submitted to the Director. Recommencement shall also be reported to the Director. If the excavating operation is never started or if discontinued for a period of 1 year, that permit is void unless a written request is made by the Permittee with sufficient justification for a time extension in which case the Director may authorize a permit extension for up to 180 days. A new permit must be approved prior to commencement. SECTION 9: INSPECTION AND REPORTING REQUIREMENTS. A. Inspection: 1. Collier County personnel, having given reasonable advance notice, shall have the right to enter the property permitted for excavation and may from time to time carry out inspections of the excavation site including the collection of water samples to determine compliance with the provisions of this Ordinance and any special conditions attached to the Excavation Permit as issued by Collier County. 2. Upon reasonable notice from Collier County personnel that an inspection is to be conducted which requires the assistance and/or presence of the Permittee or his representative, the Permittee or his representative shall be available to assist and/or accompany County personnel in the inspection of the excavation site. 3. Collier County personnel is not obligated to carry out a detailed topographic survey to determine compliance with this Ordinance. Upon a finding violation of this Ordinance or the special conditions of the Excavation Permit, the Director shall advise the Permittee in writing by Certified Letter. The Permittee shall, within 15 days of receipt of PAGE 12 of 19 such notice, have either the violation corrected or submit in writing why such correction cannot be accomplished within the 15 day period. Such written communication shall also state when the violation is to be corrected. If, in the opinion of the Director, the delay in correcting the violation is excessive, he may recommend to the Board that the Excavation Permit be temporarily suspended or permanently revoked. Upon correction of the violation, the Permittee may be required by the Director to have an appropriate report, -letter and/or survey, whichever is applicable, prepared, sealed and submitted to the Collier County by the project's engineer/surveyor. Failure to do so shall be cause for revoking the permit. B. Reporting: 1. The Permittee shall provide the Director with an excavation activities status report as follows: a. PRIVATE EXCAVATIONS: A Final Status Report within 30 days after the final completion of the excavation. b. DEVELOPMENT and COMMERCIAL EXCAVATIONS: An Annual Status Report every 12 months over the duration of the permit and a Final Status Report within 30 days after the final completion of each phase of the excavation. If a Final Status Report will be filed within 4 months of the required Annual Status Report, then the need for the preceding Annual Status Report will be waived. 2. The Final or Annual Status Report shall consist of no less than the following information, and such other information as may be deemed necessary by the Director, to accurately determine the status of the excavation, its compliance with this Ordinance and the Special Conditions of the Excavation Permit: a. A sealed topographic survey prepared by the project's surveyor/ engineer, containing the following: (1) A base line along the top of the perimeter of the excavation, clearly referenced to known points and adjacent property or tract lines, if appropriate, with right angle cross-sections taken which clearly show the "as-built" side slope and depth of PAGE 13 of 19 the excavation at each station. Unless otherwise approved by the Director, cross-sections shall be taken every 100 feet on excavations less than 5 acres, and every 300 feet on excavations over 5 acres. Partial cross-sections showing the "as-built" side slopes will be necessary on the ends of the excavation and around the perimeter of the excavation where due to its irregular shape, the base line right angle cross-sections do not accurately depict the actual constructed slopes. The cross- section survey data shall be plotted at an appropriate scale and the "as-built" side slope ratio computed for each of the segments between the survey data points. The approved design cross-section, including the "break-points", shall be superimposed on each "as-built" cross-section to facilitate visual verification of substantial compliance with provisions of this Ordinance. Side slopes shall be graded to within a reasonable tolerance as will be determined by the Director, depending upon local site conditions. (2) On all Planned Unit Development or Subdivision projects, the outline of the excavations top-of-bank shall be accurately plotted and referenced to known control points in order that: a) The surface area can be verified as meeting size and retention/detention storage needs. The computed surface area at control elevation shall be shown to the nearest tenth of an acre. b) It can be determined that the excavation was constructed within easements dedicated for that purpose. (3) The location of all excavated materials stockpiled on the property. (4) Calculation of volume of excavated material as follows: Cubic yards used on site + cubic yards removed from site + cubic yards remaining on site in stockpiles = total cubic yards excavated during reporting period. PAGE 14 of 19 b. A certification from the project's surveyor/engineer stating that they have visually inspected all dikes around any dewatering storage areas, if any, and have alerted the Permittee of any apparent weak spots or failures which shall be promptly corrected by the Permittee to assure that there will be no potential fcr dike rupture that would cause off-site flooding. c. A certification from the project's surveyor/engineer shall accompany all final completion status -reports stating that, based on their observations and surveys, all work on the excavation(s) was completed within reasonably acceptable standards of this Ordinance and any special stipulations placed upon the Excavation Permit. d. If the excavation is incomplete, a written statement by the Permittee stating the anticipated date of final completion of the excavation. 3. No Building Construction Permits will be issued for any proposed construction around the perimeter of any excavation where the minimum clearance between the excavation top-of-bank and the proposed building foundation is less than 30 feet, unless and until all side slopes adjacent to the proposed construction have been completed and approved by the Director. Exceptions to this requirement will be made in those instances where the perimeter of the excavation will be bulkheaded in accordance with the provisions of Section 8.B.3.d. SECTION 10: FEES . A. Application Fee--A nonrefundable and nontransferable application fee shall be paid at the time of application in the amount of $ 75.00 for PRIVATE EXCAVATION permits and $150.00 for COMMERCIAL or DEVELOPMENT EXCAVATION permits to partially cover the costs of processing the application. Should a Road Impact Analysis be required in accordance with Section 7 of this Ordinance, the application fee shall be increased by the amount of $150.00 to partially cover the cost of the road impact analysis. B. Permit Fee--Within 60 days after approval notification and prior to its issuance, an additional nonrefundable and nontransferable permit fee to partially cover the cost of excavation monitoring not to exceed $3,000.00 shall be paid in the amount as herein shown: 1. 0 - 2,000 cubic yards of excavated material $ 75.00 2. Each additional 1,000 cubic yards of excavated material $ 4.00 PAGE 15 of 19 C. Road Impact Fee:--If excavated material is to be removed from the subject property, appropriate road impact fees in accordance with Ordinance No. 85-55, shall be paid prior to the issuance of a Permit under this Ordinance. A site specific traffic impact statement may be required to determine the lane mile impacts and the appropriate fee in accordance with Ordinance 85-55. Upon completion of off-site removal of material, the amount of any impact fees paid will be credited to the future site development activities in accordance with applicable agreement(s) which may be agreed upon by the County and the developer (property owner) . D. Time Extension Fee--Each written request for the extension of permit issuance time shall be accompanied by a nonrefundable time extension fee in the amount of $50.00 to partially cover the costs of processing the request and the Director shall not consider the request received until this extension fee is "paid in full". E. Reapplication Fee—If a PRIVATE EXCAVATION is not completed within a 12 month period, a second application and -a nonrefundable $75.00 reapplication fee must be submitted to the Director. F. Annual Renewal Fee--Annual status reports filed on DEVELOPMENT or COMMERCIAL EXCAVATIONS shall be accompanied by an annual nonrefundable renewal fee of $75.00 to partially cover the cost of reviewing the Annual Status Report. SECTION 11: PERFORMANCE GUARANTEE REQUIREMENTS. A. Upon approval of any COMMERCIAL or DEVELOPMENT EXCAVATION permit, but prior to the issuance thereof, the Applicant shall, after notification that the permit has been approved, execute an agreement that he will comply with the provisions of this Ordinance and the permit. Governmental entities shall be exempt from this requirement. This agreement shall be guaranteed by one of the following two methods: 1. Excavations performed in conjunction with a Planned Unit Development or Subdivision Development where excavated materials are not removed from the boundary of the development and the plan for revised topography has been approved by the Director may be guaranteed by a Subdivision Completion Bond in accordance with Collier County Subdivision Regulations governing the final platting of a Subdivision. PAGE 16 of 19 2. All other excavations shall, within 60 days after approval notification, have their performance guaranteed by: (a) a cash deposit or Certificate of Deposit assigned to the Board; or (b) an irrevocable Letter of Credit or (c) a Performance Bond issued by a Florida registered Surety Company having a Best's rating of A+. Said Bond shall be cancellable only upon a written 60 day advance notice given the Director. Unless otherwise approved by the Director, Certificate Assignments, Performance Bonds or Letters of Credit shall be documented- on forms to be provided by Collier County. The performance guarantee posted for on-site excavation activities shall be in an amount of no less than $10,000.00 nor more than $100,000.00 computed at the rate of 20c per cubic yard to be excavated to ensure compliance with the provisions of this Ordinance but such performance guarantee shall not act to limit any guarantees required for off-site road impacts that may be necessary in accordance with Section 7.A.7 of this Ordinance. B. The performance guarantee shall be executed by a person or entity with a legal or financial interest in the property and shall remain in effect until the excavation is completed in accordance with this Ordinance. Performance guarantees may be recorded in the official records of the County and title to the property shall not be transferred until the performance guarantee is released by the Director. C. All performance guarantees shall be kept in continuous effect and shall not be allowed to terminate without the written consent of the Director. D. Should the County find it necessary to utilize the performance guarantee to undertake any corrective work on the excavation, or to complete the excavation under the terms of this Ordinance, or to correct any off-site impacts of the excavation, the Permittee shall be financially responsible for all legal fees and associated costs incurred by Collier County in recovering its expenses from the firm, corporation or institution that provided the performance guarantee. SECTION 12: APPEALS. All actions of the Director or County Engineer can be appealed to the Board. Any Applicant who is aggrieved by the action of the Board relative to the issuance of a permit, or any person adversely affected by the issuance of a permit may appeal said action or issuance by appropriate writ to a court of competent jurisdiction within 30 days from the date of said issuance or action. Failure to file an appeal within the prescribed times limit shall operate as a bar to and waiver of any claim for relief. PAGE 17 of 19 SECTION 13: LIBERAL CONSTRUCTION. The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose in the interest of public health, safety and welfare and convenience of the citizens and residents of Collier County and of the State of Florida. SECTION 14: IMPLEMENTATION OF ORDINANCE: RULES AND REGULATIONS. The Board may enact reasonable rules and regulations to implement and carry out the provisions of this Ordinance. SECTION 15: PENALTIES AND ENFORCEMENT. In addition to the overexcavation penalty provided in Section 8.C.3 of this Ordinance, any person who violates any section of this Ordinance shall be prosecuted and punished as provided by Section 125.69 of the Florida Statutes. Each day a violation exists shall be considered a separate offense. The Board or any persons whose interests are adversely affected may bring suit, in the Circuit Court of Collier County, for damages or to restrain, enjoin or otherwise prevent the violation of this Ordinance. The Director is vested with the authority to administer and enforce the provisions of this Ordinance and is authorized to take action to ensure compliance with, or prevent violation of, the provisions of this Ordinance, and shall have authority to issue administrative stay orders. Failure to file timely status reports with accompanying permit renewal fees, or failure to keep the performance guarantee in continuous effect shall be cause for the Director to issue "Stop Work" Orders on all excavation-related activities taking place or planned for the subject property. SECTION 16: SEVERABILITY. It is the intention of the Board that each separate provision of this Ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the Board that if any provisions of this Ordinance be declared to be invalid, all other provisions thereof shall remain valid and enforceable. SECTION 17: EFFECT ON PREVIOUSLY ISSUED PERMITS AND EXISTING EXCAVATIONS. A. The provisions of this Ordinance shall govern all permits issued from and after the effective date of this Ordinance. B. Excavations permitted under Ordinance No. 73-12 or 80-26, as amended by 83-3, shall continue to be subject to the requirements of permits issued under said Ordinances, however, Section 9 and Section 10.D, E & F of this Ordinance shall have precedence over any conflicting requirements of previous Excavation Ordinances. Excavations previously permitted by Planned Unit Development or other County Ordinance shall continue to be subject to the provisions of that Ordinance and Section 9 of this Ordinance. PAGE 18 of 19 SECTION 18: COMPLIANCE WITH STATE AND FEDERAL PERMITS. The issuance of a permit in accordance with the provisions of this Ordinance is not intended to preclude the right or authority of any other Federal or State agency from requiring separate permits in accordance with rules and regulations of that agency. In a case where multiple permits are required, the most stringent stipulations and require- ments of each permit shall govern the work permitted under this Ordinance. SECTION 19: ORDINANCE NOS. 73-12, 80-26, 83-3 REPEALED. Ordinance Nos. 73-12, 80-26, and 83-3, which provided for the regulation and issuance of permits for excavations are hereby repealed. SECTION 20: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of acknowledgement from the Secretary of State that the Ordinance has been duly filed. * * * * * * * * * * * * * * * * * * * * * * * * * * PASSED AND DULY ADOPTED BY the Board of County Commissioners of Collier County, Florida this 1st day of March 1988. c\`' r D4ig: March 1`,, 8 BOARD OF COUNTY COMMISSIONERS • COLLIER COUNTY, FLORIDA ATTEST: � e t B�: •,,2�G< putt' Clerk BY: JA1�S C GILES, CLE ARNOLD LEE GLASS, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ttir\ KR ETH B. CUYLER, COUNTY ATTORNEY PAGE 19 of 19 • CC: t�� ,,,- i�r.. . l � �c .max } . .. ^"— l / _ _ •,. .�-..,. as -- ENIIIRONMENTAL SERVICES DIVISION `.�. rte-"` .. _��_.- MEMORANDUM STAFF FILE: Frank 4rutt, Development Services.A iisti o � b Willis D. Lorenz , P.E. , ^ Administrat r�u \ M1 --e_E v-rrankental Services Division DATE: 27-Sep-1990 SUBJECT: Proposed Environmental Advisory 1)14 V 1////t:' Attached is the Public Hearing draft of the subject ordinance and the Executive Summary to place the ordinance on the Board's agenda at a future unscheduled date. I have requested the County Attorney to decide if this ordinance requires two public hearings. I will advertise the public hearing after I receive this opinion. The attached ordinance reflects comments received from Development Services staff and the BCC's direction at their March workshop. Please note that after discussion with the Manager's office, I am recommending that the costs of minutes to continue to come from Development Services which was budgeted for minutes and transcriptions in Cost Center 113-138950. Because the proposed functions of the Board include Environmental Services and Development Services responsibilities, we will need to coordinate the Board's operations. In this light, I recommend the following: Development Services 1. Prepare staff reports for land development petitions forwarded to the Board and submit package to Environmental Services for subsequent mail-out; 2 . Present respective items to Board; 3 . Participate with Environmental Services staff in recommending applicants for membership. Environmental Services 1. Prepare and distribute agenda to Board; 2 . Provide staff to support routine Board functions; Frank Brutt, Development Services Administrator September 27, 1990 Page -2- 3 . Initiate and coordinate membership applications; 4. Coordinate end-of-year functions such as annual reports, etc. I would like to finalize our respective responsibilities prior to the Board's agenda date. Please provide me your thoughts so that we can work through a smooth transition if the BCC approves this item. WDL:pc Attachment c: Tom 011iff, Assistant to the County Manager Jennifer Pike, Assistant to the County Manager Environmental Services File D-R-A-F-T EXECUTIVE SUMMARY AN ORDINANCE CREATING AN ENVIRONMENTAL ADVISORY BOARD OBJECTIVE: To create an environmental advisory board to assist staff in developing and implementing comprehensive environmental programs. CONSIDERATIONS: 1. Background Ordinance 74-50 created the existing Water Management Advisory Board (WMAB) . The function, power and duties of the WMAB include policy and program development and review of land development projects specifically stormwater management systems and excavation permits. The Environmental Advisory Council (EAC) does not have a formal enabling ordinance but was created on February 10, 1970 to collect biological, hydrological, and geological facts affecting Collier County in order to advise the Board of County Commissioners on matters concerning air, land and water pollution as an aid to proper zoning and the preservation of the environment. The EAC, however, reviews land development projects and recommends stipulations for development orders. The EIS Ordinance identifies the EAC as an appeals Board for anyone aggrieved by staff decisions for approval of Environmental Impact Statements. The Development Services Department is responsible for reviewing land development petitions and issuing building permits according to requirements found in adopted ordinances. As the County has adopted more specific rules and criteria for issuing permits and has acquired more professional staff to review applications, there is less need for advisory boards to duplicate these reviews. There is need, however, for these advisory boards to assist staff in the development of standards and review procedures and in providing recommendations for development orders where staff and the applicant are in disagreement. The Growth Management Plan requires the County to establish a technical advisory committee by August 1, 1989 to assist staff in developing a comprehensive natural resources program. This program will address both water and wildlife resources. The program will also establish land development standards for protecting and conserving various native habitats. This is a very ambitious and important program requiring much work by staff and a input from a technical advisory committee. -1- Given the need of an environmental advisory committee to focus its attention on planning and rule-making, it is recommended that consideration be given to changing the current activities of EAC and WMAB to that of recommending policy direction, program planning, rule development and limited review and comment on land development petitions. By not reviewing routine land development petitions, a new Advisory Board could devote most of their effort developing the environmental protection and water management regulation programs as outlined in the Growth Management Plan. Since water management directly affects other natural resources, there are also benefits to consolidate the function of the existing WMAB and EAC and have a single advisory board to provide input on all environmental matters. Furthermore, the Water Pollution Control Ordinance authorizes the creation of an advisory board for pollution control activities. A single board would have the advantage of "seeing the big picture" of environmental management and protection. 2 . Proposed Ordinance The proposed Ordinance will accomplish the following: A. Create a new Environmental Advisory Board of 7 members having demonstrated technical expertise in scientific/engineering disciplines related to environmental management and protection. B. Abolish the existing WMAB and EAC. C. Provide for the following powers and duties: 1. Identify, study, evaluate, and provide technical recommendations to the Board on programs necessary for the conservation, management and protection of air, land, and water resources and environmental quality in Collier County. 2. Assist the Board to establish goals and objectives for the County's environmental conservation and management programs. 3 . Assist the Board in developing and revising, as appropriate, local rules and regulations addressing the County's natural resources. 4. Assist in the implementation and development of the Growth Management Plan regarding environmental and natural resource issues. 5. Provide an appeals forum and process to hear disputes between staff and applicants concerning land development projects and recommend proposed stipulations for project approval or grounds for project denial for Board consideration. -2- 6. Function as an EIS Appeal Board pursuant to Collier County Ordinance No. 77-66. 7. Serve as the Technical Advisory Committee to advise and assist the County in the activities involved in the development and implementation of the County Environmental Resources Management Program as stated in Policy 1.1.1 of the Conservation and Coastal Management Element of the Growth Management Plan. 8. Implement the water policy pursuant to Collier County Ordinance No. 74-50 as amended. D. The new Board will review only those land development petitions and plans that are forwarded to it by the Board of County Commissioners or County Staff. E. The new Board will function as an Appeals Board pursuant to the existing EIS Ordinance. 3 . Public Input Staff reviewed and received input on the initial concept from the EAC on 10/18/89 and the WMAB on 11/8/89. A draft ordinance was sent to reviewers on 11/15/89. Formal comments were received from fifteen (15) individuals and organizations. All comments were in favor of consolidating the WMAB and EAC. The major issue identified, however, was whether or not the new Board should have a role in reviewing land development petitions. On March 6, 1990 the Board of County Commissioners held a workshop to discuss the subject and provided direction to staff to provide the new Board with a role to hear land development petitions when staff and the applicant do not agree on proposed environmental stipulations. 4 . Issue The BCC will need to resolve the issue of the new Board's responsibility for reviewing and commenting on land development petitions. Staff recommends that this responsibility be on an appeals basis when staff and the applicant do not agree on environmental stipulations. The EAC and other commentors have recommended a more direct and encompassing role for the new Advisory Board for reviewing land development petitions. GROWTH MANAGEMENT PLAN: Policy 1. 1. 1 of the Conservation and Coastal Management Element requires the County to appoint, and establish operational procedures for a technical advisory committee to advise and assist the County in the activities involved in the development and implementation of the County Environmental Resources Management Program. Although staff has been using the EAC for seeking input for recently adopted land development regulations, a formal board should be established to -3- meet the Growth Management Plan requirement. FISCAL IMPACT: Staff has estimated that the annual cost of the WMAB is $1,300 for minutes and transcription and 12 hours per month in staff time. The cost of the EAC minutes and transcription were $3,500 in FY89/90. Four (4) hours per month would require $4,800 per year for minutes and transcription based on Clerk's office estimate of $100 per meeting hour. In the past, funds have been budgeted in Development Services Cost Centers. It is recommended that monies for minutes and transcription continue to come from Development Services for FY90/91. Cost Center 113-138950 has $3,000 budgeted for recording services. If additional funds are indeed necessary, funds would be available in reserves. RECOMMENDATION: Approve the ordinance creating an Environmental Advisory Board. Prepared by: Date: William D. Lorenz Jr. , P.E. Environmental Services Administrator Approved by: Date: Neil Dorrill, County Manager c: Frank Brutt, Community Development Administrator 1 -4- ORDINANCE NO. 90 - AN ORDINANCE ESTABLISHING THE COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD AND ABOLISHING THE WMAB AND EAC; PROVIDING FOR AUTHORITY, FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR MEMBERSHIP; PROVIDING FOR OFFICERS AND SUPPORT STAFF; PROVIDING FOR MEETINGS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR SCOPE OF LAND DEVELOPMENT PROJECT REVIEWS; PROVIDING FOR LIBERAL CONSTRUCTION; REPEALING COLLIER COUNTY ORDINANCE NO. 87-97 IN ITS ENTIRETY AND SECTION 1.05 OF COLLIER COUNTY ORDINANCE NO. 74-50; AMENDING ORDINANCE NO. 77-66, SECTION 10; PROVIDING FOR REIMBURSEMENT OF EXPENSES; PROVIDING FOR REVIEW PROCESS; PROVIDING FOR CONFLICT AND SEVERANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No.74-50 as amended by Collier County Ordinance No.87-97 creating the Water Management Advisory Board (WMAB) to review proposed projects and to advise the Board on the impacts of such projects on the land and water resources and environmental quality of Collier County; and WHEREAS, the Board of County Commissioners created the Environmental Advisory Council (EAC) on February 10, 1970 to collect biological, hydrological and geological facts affecting Collier County in order to advise the Board on matters concerning air, land and water pollution as an aid to proper zoning and the preservation of the environment; and WHEREAS, the EAC and the WMAB exhibit overlapping areas of responsibilities because they are both directed to advise the Board on matters affecting the conservation and maintenance of the County's natural resources; and WHEREAS, the existence of two advisory boards, one to review environmental quality matters, the other to review water management matters, creates an unnecessary duplication in closely related natural resource functions and features; and WHEREAS, the merger of the two advisory boards into one Environmental Advisory Board (EAB) would eliminate both the fragmentation of the County's natural resource review and the unnecessary duplication involved in the presentation of land -1- development projects to members of both advisory boards; and WHEREAS, Objective 1.1 of the Conservation and Coastal Management Element of the Growth Management Plan requires the establishment of a Technical Advisory Committee to advise and assist the County in the development and implementation of the County environmental resources management program; and WHEREAS, the creation of the Collier County Development Services Department with a sufficient number of professionally qualified review staff reduces the need for appointed advisory boards to duplicate administrative reviews; and WHEREAS, Collier County Ordinance No.77-66 provides for the EAC to function as an appeals board for Environmental Impact Statements; and WHEREAS, Collier County Ordinance No.86-41 has established standards for the creation of advisory boards and qualifications for membership and process of appointments; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, that: SECTION ONE: ESTABLISHMENT OF THE ENVIRONMENTAL ADVISORY BOARD; ABOLISHMENT OF THE WMAB AND EAC. A. There is hereby established "The Environmental Advisory Board" which shall herein be referred to as the EAB. B. The EAC and the WMAB are hereby abolished. SECTION TWO: AUTHORITY; FUNCTIONS; POWERS AND DUTIES. A. Authority The EAB obtains its jurisdiction, powers, and limits of authority from the Board of County Commissioners, hereinafter referred to as the Board, and pursuant to this Ordinance, shall act in an advisory capacity to the Board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources of or within Collier County. B. Functions The EAB will function to: -2- 1. advise on the beneficial use of the physical and biological natural resources (atmospheric, terrestrial and hydrologic) of the County in regard to the safety, health and general well-being of the public; 2. advise on the prevention of, the depletion, deterioration, waste, pollution, or detrimental usage of the County's air, land, water and wildlife resources; 3. advise on the prevention of the extinction, extirpation, alteration, or damage of and to biological natural resources including terrestrial, freshwater, estuarine, and marine flora and fauna; and 4. assist the County staff and Board toward developing the purpose, intent and criteria of all Collier County ordinances dealing with natural resources; and 5. review and recommend stipulations for petitions and/or plans for selected development orders, including but not limited to Rezones, DRI, Provisional Use, SMP and Planned Development Amendments that are directed to the EAB by County staff or the Board. C. The powers and duties of the EAB are as follows: 1. Identify, study, evaluate, and provide technical recommendations to the Board on programs necessary for the conservation, management and protection of air, land, and water resources and environmental quality in Collier County. 2. Assist the Board to establish goals and objectives for the County's environmental conservation and management programs. 3. Assist the Board in developing and revising, as appropriate, local rules and regulations addressing the County's natural resources. 4. Assist in the implementation and development of the Growth Management Plan regarding environmental and natural resource issues. 5. Provide an appeals forum and process to hear disputes between staff and applicants concerning land development projects -3- and recommend proposed stipulations for project approval or grounds for project denial for Board consideration. 6. Function as an EIS Appeal Board pursuant to Collier County Ordinance No. 77-66. 7. Serve as the Technical Advisory Committee to advise and assist the County in the activities involved in the development and implementation of the County Environmental Resources Management Program as stated in Policy 1.1.1 of the Conservation and Coastal Management Element of the Growth Management Plan. 8. Implement the water policy pursuant to Collier County Ordinance No. 74-50 as amended. SECTION THREE: MEMBERSHIP. a) Seven (7) members of the EAB shall be appointed by and serve at the pleasure of the Board. Appointment to the EAB shall be by resolution of the Board and shall set forth the date of appointment and the term of office. b) Vacancies on the EAB shall be publicized, but need not be advertised, in a publication of general circulation within the County, and vacancy notices shall be posted in the County libraries and County Courthouse. Prior to making appointments, the staff shall provide the Board with a list outlining the qualifications and demographic background of each candidate, along with a list of present members seeking reappointment. c) Members shall be permanent residents and electors of Collier County and should be reputable and active in community service. Members should demonstrate an interest in the purposes CO(vF�1C of the EAB, without special Onflict of interest. LEGuLAP.- d) The primary consideration in appointing EAB members shall be to provide the Board with technical expertise necessary to effectively accomplish the EAB's purpose. Members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Botany, Coastal Processes, Ecology, Estuarine Processes, Hazardous Waste, Hydrogeology, Hydrology, -4- Hydraulics, Pollution Control, Solid Waste, Stormwater, Water Resources, Wildlife Management, and Zoology.( O C. cot CZ Ql. 4-S. C 7\U_) ? ) e) The initial terms of office of the members of the EAB shall be as follows: a. One (1) member will serve until September 30, 1991; b. Two (2) members will serve until September 30, 1992; c. Two (2) members will serve until September 30, 1993; d. Two (2) members will serve until September 30, 1994. Thereafter, each appointment or reappointment shall be for a term of four (4) years. All terms of office shall expire on the 30th day of September. Terms of office shall be limited to one term unless waived by the Board by a unanimous vote. A member may be reappointed by the Board for only one (1) successive term and shall apply with other applicants. Terms shall be staggered so that no more than a minority of such members' appointments will expire in any one (1) year. f) Any member of the EAB may be removed from office by kfoclulookiroccujumi. unanimous vote of the Board. ;'A`› 1040 ? g) Members shall be automatically removed if they are absent from two consecutive meetings without aV atisfactoryfexcuse)or if cR. FULL (5.OPe.,O they are absent from more than one-half of the meetings in a given fiscal year. Members shall be deemed absent from a meeting when they are not present during at least 75% of the meeting. SECTION FOUR: OFFICERS AND SUPPORT STAFF. a) The officers of the EAB shall be a Chairman and a Vice-Chairman. Officers' terms shall be for one(1) year, with eligibility for re-election. The Chairman and Vice-Chairman shall be elected by a majority vote at the organizational meeting and thereafter at the first regular meeting of the EAB in October of each year. b) The Chairman shall preside at all meetings of the EAB. The Vice-Chairman shall perform the duties of the Chairman in the absence or incapacity of the Chairman. In case of the resignation or death of the Chairman, the Vice-Chairman shall -5- perform such duties as are imposed on the Chairman until such time as the EAB shall elect a new Chairman. Should the offices of Chairman and/or Vice-Chairman become vacant, the EAB shall elect a successor from its membership at the next regular meeting. Such election shall be for the unexpired term of said office. c) Professional support staff for the EAB shall be provided by the Environmental Services Division, Development Services Department and such other County staff from the above-named departments or elsewhere within the County Government as may, from time to time, be requested by the EAB and deemed necessary by the County Manager. Development Services staff will provide support for EIS appeals and land development project reviews. SECTION FIVE: MEETINGS; OUORUM; RULES OF PROCEDURE. a) Regular meetings of the EAB shall be held on the 2nd Wednesday of each month at 9:00 a.m., in the Commissioner's Meeting Room, 3rd Floor, Building "F", Collier County Government Complex, Naples, Collier County, Florida. Special meetings of the EAB may be called by the Chairman or by a majority of the membership. Such meetings may be called subject to public notice to reduce an overloaded agenda; to consider a specific topic; or to hear a petition due to an extreme hardship. 05( b) A simple majority of the appointed members of the EAB �- ' No's" shall constitute a quorum for the purpose of conducting business. An affirmative vote of four (4) or more members shall be \4f1 Cr'.*� necessary in order to take official action, regardless of whether five(5) or more members of the EAB are present at a meeting. c) The EAB shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings and determinations. The EAB may establish subcommittees comprised solely of its membership to facilitate its functions. Meetings of the subcommittees shall conform to the same public notice requirements as that of the EAB. -6- d) At the regular meetings of the EAB, the following shall be the order of business: 1. Roll Call 2. Approval of the Minutes of Previous Meeting 3. EIS Appeals 4. Land Development Project Reviews 5. Old Business 6. New Business 7. Adjournment Items shall come before the EAB as scheduled on the printed agenda unless a specific request arises which justifies deviation by the EAB. Agenda items for appeals shall be presented by the petitioners or their authorized representatives. SECTION SIX: SCOPE OF LAND DEVELOPMENT PROJECT REVIEWS. It is the intent of this Ordinance to require the EAB to serve as an appeals board for land development projects when an applicant and staff do not agree on stipulations and conditions recommended by the Project Review Services Manager. SECTION SEVEN: LIBERAL CONSTRUCTION. The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose in the interest of the public health, safety, welfare and convenience. SECTION EIGHT: REPEAL OF COLLIER COUNTY ORDINANCE NO. 87-97 AND SECTION 1.05 OF COLLIER COUNTY ORDINANCE NO.74-50. Collier County Ordinance No. 87-97 is hereby repealed in its entirety. Section 1.05 of Collier County Ordinance No. 74-50 is hereby repealed as of the effective date of this Ordinance. SECTION NINE: AMENDMENT OF COLLIER COUNTY ORDINANCE NO. 77-66. Section Ten (10) , Collier County Ordinance No. 77-66 is hereby amended as follows: Any person aggrieved by the decision of the County Manager regarding any section of this ordinance may file a written request for appeal, not later than ten (10) days after said decision, with the Environmental -7- Advisory eeuneil Board. The Environmental Advisory eeunetl-$oard will notify the aggrieved person and the County Manager of the date, time and place that such appeal shall be heard; such notification will be given twenty-one (21) days prior to the hearing unless all parties waive this requirement. The appeal will be heard by the Environmental Advisory eeuneil Board within sixty (60) days of the submission of the appeal. Ten (10) days prior to the hearing the aggrieved person shall submit to the Environmental Advisory eenneil Board and to the County Manager copies of the data and information he intends to use in his appeal. Upon conclusion of the hearing the Environmental Advisory eeuneii Board will submit to the Board of County Commissioners-their its facts, findings and recommendations. The Board of County Commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the County Manager in light of the recommendations of the Environmental Advisory Benneil Board. SECTION TEN: REIMBURSEMENT OF EXPENSES. Members of the EAB shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION ELEVEN: REVIEW PROCESS. This Board shall be reviewed for major accomplishments and whether the Board is serving the purpose for which it was created once every four (4) years commencing with 1994, in accordance with the procedures contained in Collier County Ordinance No. 86-41. SECTION TWELVE: CONFLICT AND SEVERANCE. In the event this Ordinance conflicts with any other -8- 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 THIRTEEN: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1990. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS JAMES C. , GILES, Clerk COLLIER COUNTY, FLORIDA BY: MAX A. HASSE, JR. , Chairman Approved as to form and legal � sufficie cy: the/Z;4 • / Kenneth B. Cuyls. County Attorney -9- ENVIRONMENTAL SERVICES DIVISION MEMORANDUM TO: Dr. James Snyder, EAC Member Todd Turrell, EAC Member Patrick Neale, EAC Member David Addison, EAC Member Erwin C.Gutzwiller, Jr. WMAB Member Paul Chevalier, P.E. , WMAB Member Fred Vidzes, WMAB Member Thomas E. Kuck, P.E. , WMAB Member Robert Roth, P.E. , WMAB Member FROM: William D. Lorenz Jr.',;/P.E. , Administrator Environmental Services Division DATE: 27-Sep-1990 SUBJECT: Proposed Environmental Advisory Board Attached is the Public Hearing draft of the subject ordinance which will be placed on the Board's agenda at a future unscheduled date. I have requested the County Attorney to decide if this ordinance requires two public hearings. I will advertise the public hearing after I receive this opinion. The attached ordinance reflects the Board of County Commissioners' directions at their March workshop. It also has been reviewed by the County Attorney's office and reflects some changes resulting in this review. I will let you know of the public hearing date as soon as it is scheduled. Please give me a call at 774-8849 if you have any questions. WDL:pc Attachment c: Environmental Services File ORDINANCE NO. 90 - AN ORDINANCE ESTABLISHING THE COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD AND ABOLISHING THE WMAB AND EAC; PROVIDING FOR AUTHORITY, FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR MEMBERSHIP; PROVIDING FOR OFFICERS AND SUPPORT STAFF; PROVIDING FOR MEETINGS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR SCOPE OF LAND DEVELOPMENT PROJECT REVIEWS; PROVIDING FOR LIBERAL CONSTRUCTION; REPEALING COLLIER COUNTY ORDINANCE NO. 87-97 IN ITS ENTIRETY AND SECTION 1. 05 OF COLLIER COUNTY ORDINANCE NO. 74-50; AMENDING ORDINANCE NO. 77-66, SECTION 10; PROVIDING FOR REIMBURSEMENT OF EXPENSES; PROVIDING FOR REVIEW PROCESS; PROVIDING FOR CONFLICT AND SEVERANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 74-50 as amended by Collier County Ordinance No. 87-97 creating the Water Management Advisory Board (WMAB) to review proposed projects and to advise the Board on the impacts of such projects on the land and water resources and environmental quality of Collier County; and WHEREAS, the Board of County Commissioners created the Environmental Advisory Council (EAC) on February 10, 1970 to collect biological, hydrological and geological facts affecting Collier County in order to advise the Board on matters concerning air, land and water pollution as an aid to proper zoning and the preservation of the environment; and WHEREAS, the EAC and the WMAB exhibit overlapping areas of responsibilities because they are both directed to advise the Board on matters affecting the conservation and maintenance of the County's natural resources; and WHEREAS, the existence of two advisory boards, one to review environmental quality matters, the other to review water management matters, creates an unnecessary duplication in closely related natural resource functions and features; and WHEREAS, the merger of the two advisory boards into one Environmental Advisory Board (EAB) would eliminate both the fragmentation of the County's natural resource review and the unnecessary duplication involved in the presentation of land -1- development projects to members of both advisory boards; and WHEREAS, Objective 1. 1 of the Conservation and Coastal Management Element of the Growth Management Plan requires the establishment of a Technical Advisory Committee to advise and assist the County in the development and implementation of the County environmental resources management program; and WHEREAS, the creation of the Collier County Development Services Department with a sufficient number of professionally qualified review staff reduces the need for appointed advisory boards to duplicate administrative reviews; and WHEREAS, Collier County Ordinance No. 77-66 provides for the EAC to function as an appeals board for Environmental Impact Statements; and WHEREAS, Collier County Ordinance No. 86-41 has established standards for the creation of advisory boards and qualifications for membership and process of appointments; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, that: SECTION ONE: ESTABLISHMENT OF THE ENVIRONMENTAL ADVISORY BOARD; ABOLISHMENT OF THE WMAB AND EAC. A. There is hereby established "The Environmental Advisory Board" which shall herein be referred to as the EAB. B. The EAC and the WMAB are hereby abolished. SECTION TWO: AUTHORITY; FUNCTIONS; POWERS AND DUTIES. A. Authority The EAB obtains its jurisdiction, powers, and limits of authority from the Board of County Commissioners, hereinafter referred to as the Board, and pursuant to this Ordinance, shall act in an advisory capacity to the Board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources of or within Collier County. B. Functions The EAB will function to: -2- 1. advise on the beneficial use of the physical and biological natural resources (atmospheric, terrestrial and hydrologic) of the County in regard to the safety, health and general well-being of the public; 2 . advise on the prevention of, the depletion, deterioration, waste, pollution, or detrimental usage of the County's air, land, water and wildlife resources; 3 . advise on the prevention of the extinction, extirpation, alteration, or damage of and to biological natural resources including terrestrial, freshwater, estuarine, and marine flora and fauna; and 4 . assist the County staff and Board toward developing the purpose, intent and criteria of all Collier County ordinances dealing with natural resources; and 5. review and recommend stipulations for petitions and/or plans for selected development orders, including but not limited to Rezones, DRI Development Orders, Provisional Use, Subdivision Master Plan and Planned Unit Development Amendments that are directed to the EAB by County staff or the Board. C. The powers and duties of the EAB are as follows: 1. Identify, study, evaluate, and provide technical recommendations to the Board on programs necessary for the conservation, management and protection of air, land, and water resources and environmental quality in Collier County. 2 . Assist the Board to establish goals and objectives for the County's environmental conservation and management programs. 3 . Assist the Board in developing and revising, as appropriate, local rules and regulations addressing the County's natural resources. 4 . Assist in the implementation and development of the Growth Management Plan regarding environmental and natural resource issues. 5. Provide an appeals forum and process to hear disputes between staff and applicants concerning land development projects -3- and recommend proposed stipulations for project approval or grounds for project denial for Board consideration. 6. Function as an EIS Appeal Board pursuant to Collier County Ordinance No. 77-66. 7 . Serve as the Technical Advisory Committee to advise and assist the County in the activities involved in the development and implementation of the County Environmental Resources Management Program as stated in Policy 1. 1. 1 of the Conservation and Coastal Management Element of the Growth Management Plan. 8 . Implement the water policy pursuant to Collier County Ordinance No. 74-50, as amended. SECTION THREE: MEMBERSHIP. a) Seven (7) members of the EAB shall be appointed by and serve at the pleasure of the Board. Appointment to the EAB shall be by resolution of the Board and shall set forth the date of appointment and the term of office. b) Vacancies on the EAB shall be publicized, but need not be advertised, in a publication of general circulation within the County, and vacancy notices shall be posted in the County libraries and County Courthouse. Prior to making appointments, the Board's staff shall provide the Board with a list outlining the qualifications and demographic background of each candidate, along with a list of present members seeking reappointment. c) Members shall be permanent residents and electors of Collier County and should be reputable and active in community service. Members should demonstrate an interest in the purposes of the EAB, without special conflict of interest. d) The primary consideration in appointing EAB members shall be to provide the Board with technical expertise necessary to effectively accomplish the EAB's purpose. Members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Botany, Coastal Processes, Ecology, Estuarine Processes, Hazardous Waste, Hydrogeology, Hydrology, -4- Hydraulics, Pollution Control, Solid Waste, Stormwater, Water Resources, Wildlife Management, and Zoology. e) The initial terms of office of the members of the EAB shall be as follows: a. One (1) member will serve until September 30, 1991; b. Two (2) members will serve until September 30, 1992 ; c. Two (2) members will serve until September 30, 1993 ; d. Two (2) members will serve until September 30, 1994 . Thereafter, each appointment or reappointment shall be for a term of four (4) years. All terms of office shall expire on the 30th day of September. Terms of office shall be limited to one term unless waived by the Board by a unanimous vote. A member may be reappointed by the Board for only one (1) successive term and shall apply with other applicants. Terms shall be staggered so that no more than a minority of such members' appointments will expire in any one (1) year. f) Any member of the EAB may be removed from office by a unanimous vote of the Board. g) Members shall be automatically removed if they are absent from two consecutive meetings without a satisfactory excuse or if they are absent from more than one-half of the meetings in a given fiscal year. Members shall be deemed absent from a meeting when they are not present during at least 75% of the meeting. SECTION FOUR: OFFICERS AND SUPPORT STAFF. a) The officers of the EAB shall be a Chairman and a Vice-Chairman. Officers' terms shall be for one(1) year, with eligibility for re-election. The Chairman and Vice-Chairman shall be elected by a majority vote at the organizational meeting and thereafter at the first regular meeting of the EAB in October of each year. b) The Chairman shall preside at all meetings of the EAB. The Vice-Chairman shall perform the duties of the Chairman in the absence or incapacity of the Chairman. In case of the resignation or death of the Chairman, the Vice-Chairman shall -5- perform such duties as are imposed on the Chairman until such time as the EAB shall elect a new Chairman. Should the offices of Chairman and/or Vice-Chairman become vacant, the EAB shall elect a successor from its membership at the next regular meeting. Such election shall be for the unexpired term of said office. c) Professional support staff for the EAB shall be provided by the Environmental Services Division, Development Services Department and such other County staff from the above-named departments or elsewhere within the County Government as may, from time to time, be requested by the EAB and deemed necessary by the County Manager. Development Services staff will provide support for EIS appeals and land development project reviews. SECTION FIVE: MEETINGS; QUORUM; RULES OF PROCEDURE. a) Regular meetings of the EAB shall be held on the 2nd Wednesday of each month at 9 : 00 a.m. , in the Commissioner's Meeting Room, 3rd Floor, Building "F" , Collier County Government Complex, Naples, Collier County, Florida. Special meetings of the EAB may be called by the Chairman or by a majority of the membership. Such meetings may be called subject to public notice to reduce an overloaded agenda; to consider a specific topic; or to hear a petition due to an extreme hardship. b) A simple majority of the appointed members of the EAB shall constitute a quorum for the purpose of conducting business. An affirmative vote of four (4) or more members shall be necessary in order to take official action, regardless of whether five(5) or more members of the EAB are present at a meeting. c) The EAB shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings and determinations. The EAB may establish subcommittees comprised solely of its membership to facilitate its functions. Meetings of the subcommittees shall conform to the same public notice requirements as that of the EAB. -6- d) At the regular meetings of the EAB, the following shall be the order of business: 1. Roll Call 2 . Approval of the Minutes of Previous Meeting 3 . EIS Appeals 4 . Land Development Project Reviews 5. Old Business 6. New Business 7 . Adjournment Items shall come before the EAB as scheduled on the printed agenda unless a specific request arises which justifies deviation by the EAB. Agenda items for appeals shall be presented by the petitioners or their authorized representatives. SECTION SIX: SCOPE OF LAND DEVELOPMENT PROJECT REVIEWS. It is the intent of this Ordinance to require the EAB to serve as an appeals board for land development projects when an applicant and staff do not agree on stipulations and conditions recommended by the Project Review Services Manager. SECTION SEVEN: LIBERAL CONSTRUCTION. The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose in the interest of the public health, safety, welfare and convenience. SECTION EIGHT: REPEAL OF COLLIER COUNTY ORDINANCE NO. 87-97 AND SECTION 1. 05 OF COLLIER COUNTY ORDINANCE NO. 74-50. Collier County Ordinance No. 87-97 is hereby repealed in its entirety. Section 1. 05 of Collier County Ordinance No. 74-50 is hereby repealed as of the effective date of this Ordinance. SECTION NINE: AMENDMENT OF COLLIER COUNTY ORDINANCE NO. 77-66. Section Ten (10) , Collier County Ordinance No. 77-66 is hereby amended as follows: Any person aggrieved by the decision of the County Manager regarding any section of this ordinance may file a written request for appeal, not later than ten (10) days after said decision, with the Environmental -7- Advisory eetneil Board. The Environmental Advisory eeueel-Board will notify the aggrieved person and the County Manager of the date, time and place that such appeal shall be heard; such notification will be given twenty-one (21) days prior to the hearing unless all parties waive this requirement. The appeal will be heard by the Environmental Advisory eeumeil Board within sixty (60) days of the submission of the appeal. Ten (10) days prior to the hearing the aggrieved person shall submit to the Environmental Advisory eeuneil Board and to the County Manager copies of the data and information he intends to use in his appeal. Upon conclusion of the hearing the Environmental Advisory eouneil Board will submit to the Board of County Commissioners-their its facts, findings and recommendations. The Board of County Commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the County Manager in light of the recommendations of the Environmental Advisory eelneil Board. SECTION TEN: REIMBURSEMENT OF EXPENSES. Members of the EAB shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION ELEVEN: REVIEW PROCESS. This Board shall be reviewed for major accomplishments and whether the Board is serving the purpose for which it was created once every four (4) years commencing with 1994 , in accordance with the procedures contained in Collier County Ordinance No. 86-41. SECTION TWELVE: CONFLICT AND SEVERANCE. In the event this Ordinance conflicts with any other -8- 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 THIRTEEN: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1990. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS JAMES C. GILES, Clerk COLLIER COUNTY, FLORIDA BY: MAX A. HASSE, JR. , Chairman Approved as to form and legal sufficiency: David C. Weigel Assistant County Attorney -9- COLLIER E -- 10 19i ENTERPRISES _ _ _�r37 -- - 601 E. ,' A1N ST PO. DRAWER AB. I,'� cp,-�LEE. ttL 93.2 PHONE 813 6576122 a o Ajt9 ' ,j )yptP ' p,,, pA e jfre J.: ilt. 14 October 3, 1990 'p. ,� /1 ) y�A Pkv 4' of_iS� 0�� .� �� w.�' /3'� Mr. Neil Dorrill �,�-�5 ��,-.4� CE. Count Manager Collier County Government `� �) 8 A) , t, �., 3301 E. Tamiami Trail C.A 4; 1 fly °A' v7 r a. e J y' Naples, Florida 3396X' ` iz� '-i- i i fl'� P12��{ phi Dear Neil: �¢;;,��'� ��"�� (�� ms's 1Ji�c' o As you are aware, the Collier County Comprehensive Plan outlines in its policies a series ?J ;P of ordinances, plans, and programs which must be developed in order to comply with the �-0` Conservation and Coastal Management element. At this time we (the County) are already running behind schedule. (7-AC) Policy 1.1.1 of the Conservation element states that a technical advisory committeeAvas to ‘ i L have been established by August 1, 1989, to assist' in the development and implementation ac of the County Environmental Resources Management Program. While technically this aIle requirement may have been met given the existence of the EAC, that was not what was envisioned by the CAC when this policy was drafted. Rather, we saw a blue ribbon panel being established which would be solely devoted to the development and review of any CC' proposed ordinances, plans, and programs required by our Comprehensive Plan. It would F'`' not review projects as does the EAC. While the individuals who comprised the original CAC Conservation subcommittee might well differ for a new advisory committee, the group represented by Mark Benedict, Kris Thoemke, Gary Beardsley, Ross Longmire, George Varnadoe, Bill Lorenz, and me, seemed to have worked well both in terms of size and participants' backgrounds. This subcommittee was able to review staff language, draft original language, work out compromises, envision problem areas, etc., before proposed goals, objectives, and policies were presented to the full CAC, the CCPC, and the CCBCC. By doing this, most problem areas and controversies were resolved early on resulting in less acrimony and more broad- based support for proposed actions once adopted. AGRIBUSINESS GROUP Mr. Neil Dorrill PL' `Po October 3, 1990 4. Ai' pvAr`' Page 2 ,„ "i;` , 0 TvG`ln I feel the ongoing efforts to develop various conservation and coastal management ordinances, plans, and programs would be well served by a similar approach. In fact, given staff shortages at the County, this may well be the only feasible way to meet the various deadlines imposed by the Comprehensive Plan. Therefore, I would strongly encourage that you recommend to the CCBCC, that it reestablish such a blue ribbon committee. I look forward to receiving your thoughts on this matter. Besttregards, z`./,c*.r„z David B. Land Copy: Mark Benedict Kris Thoemke Gary Beardsley Ross Longmire George Varnadoe Bill Lorenz • rt+ u 011953 1310 15th St . S .W. �.� Naples, FL 33964 ,,� September 25, 1990 111-&-g3- + 1eWSeN\CeI ev prolec tir7CP-717. 77, Max Hasse, Chairman Collier County Board of Commissioners County Government Center OCT 2 1990 Naples, FL 33962 A rye+C 1iL.,`3uuRCES MANAGEMEUT Dear Mr . Hasse : This letter is to advise you that I am resigning my position on the Environmental Advisory Council effective November 1, 1990 . I have enjoyed the opportunity to volunteer my services to the citizens of Collier County for the past few years, but feel I must now redirect my energies elsewhere . It has been a pleasure to work with the other members of the Council and with the County staff . Sincerely, aures R. Snyder, Chairman Environmental Advisory Council • cc: EAC members Development Services Department Natural Resource Department ENVIRONMENTAL SERVICES R LI I„3 DATE: ___24,/yA) • ACTION: INFO: FILE: 6S-- fj MEMORANDUM DATE: October 16, 1990 TO: William D. Lorenz Jr. , P.E. , Administrator Environmental Services Division FROM: David C. Weigel, Assistant County Attorney de RE: RLS Item No. ENV07259001 Draft EAB Ordinance A subsequent review of the draft EAB Ordinance has led to the discovery of acclUple_ places where slight revision would seem appropriate. / Please note that Section Two B (5) on Page 3 of the d`rdinance should be amended as follows: The word "DRI" should actually "DRI Development Orders, " . Also, in that same subsection 5, the words "SMP and Planned Development Amendments" should actually read "Subdivision Master Plan and Planned Unit Development Amendments" . Additionally, in Section Two C 8 on Page 4 of the draft ordinance, a comma should be added after the Ordinance No. 74-50. I have made the aforementioned corrections in the ordinance draft that is provided herewith. If you should have any further questions, please feel free to contact me. cc: Kenneth B. Cuyler, County Attorney dcw/dp/2437 ENVIRONMENTAL SERVIG SF Ra UTI iG DATE: _____47/40° ,___4/ 6 ACTION: _..._ 7 INFO: f FILE: MEMORANDUM DATE: October 16, 1990 TO: William D. Lorenz Jr. , P.E. , Administrator Environmental Services Division FROM: David C. Weigel, Assistant County Attorney Ac N(Jm RE: RLS Item No. ENV07259001 The EAB Ordinance/Public Hearing Requirement? Please be apprised that upon a review of the above-referenced draft ordinance and a review of Section 125. 66, F.S. and Section 163 . 3202, F.S. , it is my opinion that the Environmental Advisory Board (EAB) Ordinance is of a procedural nature rather than substantively affecting the use of land and therefore does not fall within the requirements of Section 125. 66, F.S. requiring two advertised evening public hearings on the proposed ordinance. Therefore, this draft ordinance may be advertised and scheduled for a public hearing at a regularly scheduled public meeting of the Board of County Commissioners. If you should have any further questions, please feel free to contact me. cc: Kenneth B. Cuyler, County Attorney Jennifer Pike, Assistant to the County Manager Marjorie M. Student, Assistant County Attorney dcw/dp/2436 ENVIRONMENTAL SERVICES ROUTING DATE: /0740 ACTION: INFO: _._ ENVIRONMENTAL SERVICES DIVISION MEMORANDUM TO: Erwin C. Gutzwiller, Jr. , WMAB Member Paul R. Chevalier, P.E. , WMAB Member Fred Vidzes, WMAB Member Thomas E. Kuck, P.E. , WMAB Member Robert Roth, P.E. , WMAB Member Todd Turrell, EAC Member Patrick Neale, EAC Member David Addison, EAC Member FROM: William D. Lorenz Jr. , '.E. , Administrator Environmental Services Division DATE: 22-Oct-1990 SUBJECT: Proposed Environmental Advisory Board As I noted to you in my September 27, 1990 memo, the County Attorney has indicated that the attached ordinance may be advertised and scheduled for a public hearing at a regularly scheduled public meeting of the Board of County Commissioners. We are therefore scheduling the hearing of this Ordinance on November 27, 1990. The County Attorney' s office had also made several slight revisions. Please note that Section Two B (5) on Page 3 of the Ordinance should be amended as follows: The word "DRI" should actually read "DRI Development Orders, " . Also, in that same subsection 5, the words "SMP and Planned Development Amendments" should actually read "Subdivision Master Plan and Planned Unit Development Amendments" . Additionally, in Section Two C 8 on Page 4 of the draft ordinance, a comma should be added after the Ordinance No. 74-50. I have attached the most current draft for your convenience. WDL:pc Attachment c: Frank Brutt, Community Development Services Administrator Jennifer Pike, Assistant to the County Manager Environmental Services File ORDINANCE NO. 90 - AN ORDINANCE ESTABLISHING THE COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD AND ABOLISHING THE WMAB AND EAC; PROVIDING FOR AUTHORITY, FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR MEMBERSHIP; PROVIDING FOR OFFICERS AND SUPPORT STAFF; PROVIDING FOR MEETINGS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR SCOPE OF LAND DEVELOPMENT PROJECT REVIEWS; PROVIDING FOR LIBERAL CONSTRUCTION; REPEALING COLLIER COUNTY ORDINANCE NO. 87-97 IN ITS ENTIRETY AND SECTION 1.05 OF COLLIER COUNTY ORDINANCE NO. 74-50; AMENDING ORDINANCE NO. 77-66, SECTION 10; PROVIDING FOR REIMBURSEMENT OF EXPENSES; PROVIDING FOR REVIEW PROCESS; PROVIDING FOR CONFLICT AND SEVERANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No.74-50 as amended by Collier County Ordinance No.87-97 creating the Water Management Advisory Board (WMAB) to review proposed projects and to advise the Board on the impacts of such projects on the land and water resources and environmental quality of Collier County; and WHEREAS, the Board of County Commissioners created the Environmental Advisory Council (EAC) on February 10, 1970 to collect biological, hydrological and geological facts affecting Collier County in order to advise the Board on matters concerning air, land and water pollution as an aid to proper zoning and the preservation of the environment; and WHEREAS, the EAC and the WMAB exhibit overlapping areas of responsibilities because they are both directed to advise the Board on matters affecting the conservation and maintenance of the County's natural resources; and WHEREAS, the existence of two advisory boards, one to review environmental quality matters, the other to review water management matters, creates an unnecessary duplication in closely related natural resource functions and features; and WHEREAS, the merger of the two advisory boards into one Environmental Advisory Board (EAB) would eliminate both the fragmentation of the County's natural resource review and the unnecessary duplication involved in the presentation of land -1- development projects to members of both advisory boards; and WHEREAS, Objective 1.1 of the Conservation and Coastal Management Element of the Growth Management Plan requires the establishment of a Technical Advisory Committee to advise and assist the County in the development and implementation of the County environmental resources management program; and WHEREAS, the creation of the Collier County Development Services Department with a sufficient number of professionally qualified review staff reduces the need for appointed advisory boards to duplicate administrative reviews; and WHEREAS, Collier County Ordinance No.77-66 provides for the EAC to function as an appeals board for Environmental Impact Statements; and WHEREAS, Collier County Ordinance No.86-41 has established standards for the creation of advisory boards and qualifications for membership and process of appointments; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, that: SECTION ONE: ESTABLISHMENT OF THE ENVIRONMENTAL ADVISORY BOARD; ABOLISHMENT OF THE WMAB AND EAC, A. There is hereby established "The Environmental Advisory Board" which shall herein be referred to as the EAB. B. The EAC and the WMAB are hereby abolished. SECTION TWO: AUTHORITY; FUNCTIONS; POWERS AND DUTIES. A. Authority The EAB obtains its jurisdiction, powers, and limits of authority from the Board of County Commissioners, hereinafter referred to as the Board, and pursuant to this Ordinance, shall act in an advisory capacity to the Board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources of or within Collier County. B. Functions The EAB will function to: -2- 1. advise on the beneficial use of the physical and biological natural resources (atmospheric, terrestrial and hydrologic) of the County in regard to the safety, health and general well-being of the public; 2. advise on the prevention of, the depletion, deterioration, waste, pollution, or detrimental usage of the County's air, land, water and wildlife resources; 3. advise on the prevention of the extinction, extirpation, alteration, or damage of and to biological natural resources including terrestrial, freshwater, estuarine, and marine flora and fauna; and 4. assist the County staff and Board toward developing the purpose, intent and criteria of all Collier County ordinances dealing with natural resources; and 5. review and recommend stipulations for petitions and/or plans for selected development orders, including but not limited to Rezones, DRI Development Orders, Provisional Use, Subdivision Master Plan and Planned Unit Development Amendments that are directed to the EAB by County staff or the Board. C. The powers and duties of the EAB are as follows: 1. Identify, study, evaluate, and provide technical recommendations to the Board on programs necessary for the conservation, management and protection of air, land, and water resources and environmental quality in Collier County. 2. Assist the Board to establish goals and objectives for the County's environmental conservation and management programs. 3. Assist the Board in developing and revising, as appropriate, local rules and regulations addressing the County's natural resources. 4. Assist in the implementation and development of the Growth Management Plan regarding environmental and natural resource issues. 5. Provide an appeals forum and process to hear disputes between staff and applicants concerning land development projects -3- and recommend proposed stipulations for project approval or grounds for project denial for Board consideration. 6. Function as an EIS Appeal Board pursuant to Collier County Ordinance No. 77-66. 7. Serve as the Technical Advisory Committee to advise and assist the County in the activities involved in the development and implementation of the County Environmental Resources Management Program as stated in Policy 1.1.1 of the Conservation and Coastal Management Element of the Growth Management Plan. 8. Implement the water policy pursuant to Collier County Ordinance No. 74-50, as amended. SECTION THREE: MEMBERSHIP. a) Seven (7) members of the EAB shall be appointed by and serve at the pleasure of the Board. Appointment to the EAB shall be by resolution of the Board and shall set forth the date of appointment and the term of office. b) Vacancies on the EAB shall be publicized, but need not be advertised, in a publication of general circulation within the County, and vacancy notices shall be posted in the County libraries and County Courthouse. Prior to making appointments, the Board's staff shall provide the Board with a list outlining the qualifications and demographic background of each candidate, along with a list of present members seeking reappointment. c) Members shall be permanent residents and electors of Collier County and should be reputable and active in community service. Members should demonstrate an interest in the purposes of the EAB, without special conflict of interest. d) The primary consideration in appointing EAB members shall be to provide the Board with technical expertise necessary to effectively accomplish the EAB's purpose. Members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Botany, Coastal Processes, Ecology, Estuarine Processes, Hazardous Waste, Hydrogeology, Hydrology, -4- Hydraulics, Pollution Control, Solid Waste, Stormwater, Water Resources, Wildlife Management, and Zoology. e) The initial terms of office of the members of the EAB shall be as follows: a. One (1) member will serve until September 30, 1991; b. Two (2) members will serve until September 30, 1992; c. Two (2) members will serve until September 30, 1993; d. Two (2) members will serve until September 30, 1994. Thereafter, each appointment or reappointment shall be for a term of four (4) years. All terms of office shall expire on the 30th day of September. Terms of office shall be limited to one term unless waived by the Board by a unanimous vote. A member may be reappointed by the Board for only one (1) successive term and shall apply with other applicants. Terms shall be staggered so that no more than a minority of such members' appointments will expire in any one (1) year. f) Any member of the EAB may be removed from office by a unanimous vote of the Board. g) Members shall be automatically removed if they are absent from two consecutive meetings without a satisfactory excuse or if they are absent from more than one-half of the meetings in a given fiscal year. Members shall be deemed absent from a meeting when they are not present during at least 75% of the meeting. SECTION FOUR: OFFICERS AND SUPPORT STAFF. a) The officers of the EAB shall be a Chairman and a Vice-Chairman. Officers' terms shall be for one(1) year, with eligibility for re-election. The Chairman and Vice-Chairman shall be elected by a majority vote at the organizational meeting and thereafter at the first regular meeting of the EAB in October of each year. b) The Chairman shall preside at all meetings of the EAB. The Vice-Chairman shall perform the duties of the Chairman in the absence or incapacity of the Chairman. In case of the resignation or death of the Chairman, the Vice-Chairman shall -5- perform such duties as are imposed on the Chairman until such time as the EAB shall elect a new Chairman. Should the offices of Chairman and/or Vice-Chairman become vacant, the EAB shall elect a successor from its membership at the next regular meeting. Such election shall be for the unexpired term of said office. c) Professional support staff for the EAB shall be provided by the Environmental Services Division, Development Services Department and such other County staff from the above-named departments or elsewhere within the County Government as may, from time to time, be requested by the EAB and deemed necessary by the County Manager. Development Services staff will provide support for EIS appeals and land development project reviews. SECTION FIVE: MEETINGS; OUORUM; RULES OF PROCEDURE. a) Regular meetings of the EAB shall be held on the 2nd Wednesday of each month at 9:00 a.m., in the Commissioner's Meeting Room, 3rd Floor, Building "F", Collier County Government Complex, Naples, Collier County, Florida. Special meetings of the EAB may be called by the Chairman or by a majority of the membership. Such meetings may be called subject to public notice to reduce an overloaded agenda; to consider a specific topic; or to hear a petition due to an extreme hardship. b) A simple majority of the appointed members of the EAB shall constitute a quorum for the purpose of conducting business. An affirmative vote of four (4) or more members shall be necessary in order to take official action, regardless of whether five(5) or more members of the EAB are present at a meeting. c) The EAB shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings and determinations. The EAB may establish subcommittees comprised solely of its membership to facilitate its functions. Meetings of the subcommittees shall conform to the same public notice requirements as that of the EAB. -6- d) At the regular meetings of the EAB, the following shall be the order of business: 1. Roll Call 2. Approval of the Minutes of Previous Meeting 3. EIS Appeals 4. Land Development Project Reviews 5. Old Business 6. New Business 7. Adjournment Items shall come before the EAB as scheduled on the printed agenda unless a specific request arises which justifies deviation by the EAB. Agenda items for appeals shall be presented by the petitioners or their authorized representatives. SECTION SIX: SCOPE OF LAND DEVELOPMENT PROJECT REVIEWS. It is the intent of this Ordinance to require the EAB to serve as an appeals board for land development projects when an applicant and staff do not agree on stipulations and conditions recommended by the Project Review Services Manager. SECTION SEVEN: LIBERAL CONSTRUCTION. The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose in the interest of the public health, safety, welfare and convenience. SECTION EIGHT: REPEAL OF COLLIER COUNTY ORDINANCE NO. 87-97 AND SECTION 1.05 OF COLLIER COUNTY ORDINANCE NO.74-50. Collier County Ordinance No. 87-97 is hereby repealed in its entirety. Section 1.05 of Collier County Ordinance No. 74-50 is hereby repealed as of the effective date of this Ordinance. SECTION NINE: AMENDMENT OF COLLIER COUNTY ORDINANCE NO. 77-66, Section Ten (10) , Collier County Ordinance No. 77-66 is hereby amended as follows: Any person aggrieved by the decision of the County Manager regarding any section of this ordinance may file a written request for appeal, not later than ten (10) days after said decision, with the Environmental -7- Advisory eeuneii Board. The Environmental Advisory eeaneii-Board will notify the aggrieved person and the County Manager of the date, time and place that such appeal shall be heard; such notification will be given twenty-one (21) days prior to the hearing unless all parties waive this requirement. The appeal will be heard by the Environmental Advisory eexneii Board within sixty (60) days of the submission of the appeal. Ten (10) days prior to the hearing the aggrieved person shall submit to the Environmental Advisory eenneii Board and to the County Manager copies of the data and information he intends to use in his appeal. Upon conclusion of the hearing the Environmental Advisory earner Board will submit to the Board of County Commissioners their its facts, findings and recommendations. The Board of County Commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the County Manager in light of the recommendations of the Environmental Advisory eeaneii Board. SECTION TEN: REIMBURSEMENT OF EXPENSES. Members of the EAB shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION ELEVEN: REVIEW PROCESS. This Board shall be reviewed for major accomplishments and whether the Board is serving the purpose for which it was created once every four (4) years commencing with 1994, in accordance with the procedures contained in Collier County Ordinance No. 86-41. SECTION TWELVE: CONFLICT AND SEVERANCE. In the event this Ordinance conflicts with any other -8- 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 THIRTEEN: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1990. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS JAMES C. GILES, Clerk COLLIER COUNTY, FLORIDA BY: MAX A. HASSE, JR. , Chairman Approved as to form and legal sufficiency: 4(��1� �, e(i /f • • i, avid C. Weige A Assistant County At •rney -9- COLLIER ENTERPRISES =- - 3003 TAMIAMI TRAIL N.. NAPLES, FL 33940/PHONE 813261-4455 October 23, 1990 ENVIROWENTAL SERVICES litiidTillC DATE: ©.•` 9d ACTION: �Y� -✓� r �- Mr. Neil Dorrill INFO: County Manager Collier County Government ! -- 3301 E. Tamiami Trail R �' Naples, Florida 33962 Dear Neil, I appreciate your quick response to my recent letter regarding the need for the establishment of an environmental planning/advisory group to assist with the implementation of the Comprehensive Plan. When reviewing the proposed ordinance for establishing an EAB, I noticed two areas of immediate concern. The first of these is in Section Three, (d). I believe that the areas of expertise required of EAB members is too limited. I know personally, I would not be qualified to serve on this committee. Basically, the areas of expertise listed are too narrow given the complexities of drafting sound environmental and natural resource programs and regulations. Successfully doing so requires a delicate balancing of social, legal, and economic, as well as technical, issues. As a minimum, I feel the list should be expanded to include: - Resource economics - Public sector planning Land and environmental law - Civil engineering - Pest management - Biochemistry or chemical - Soil science and agronomy engineering Second, and of even more concern than the preceding, are two of the proposed responsibilities of the EAB. (See Section Two B, 5; C, 5 and 6.) By having the EAB resolve conflicts between staff and project applicants and by having it act as an EIS Appeal Board, some of the best talent in the County would not likely serve on the Board due to possible conflicts of interest or the inability to act as an advocate or opponent to a particular project. This would include individuals in the environmental, business, development, legal, and agricultural communities. In fact, I could see five of the six members of our last CAC environmental subcommittee not choosing or being able to serve on this Board for this reason. REAL ESTATE. AGRICULTURE AND CAPITAL r\1ANAGEMENT David B. Land 10/22/90 Page 2 Thus, I still come back to the need for a talented citizen's advisory group - which is not also a review board - that can provide vision, input, and hard work in the development of sound environmental and natural resource programs and regulations for the County. While I realize the County's aversion to establishing too many citizens committees, this is a situation which I think requires one, at lease on a temporary basis, until the Comprehensive Plan requirements are in place. Perhaps the solution is a select committee which reports to the EAB just as the CAC reported to the Planning Commission. B- egards, David B. Land DBL/jjm Copy: Mark Benedict Khris Thoemke Gary Beardsley Ross Longmire George Varnadoe Bill Lorenz ORDINANCE NO. 90 - AN ORDINANCE ESTABLISHING THE COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD AND ABOLISHING THE WMAB AND EAC; PROVIDING FOR AUTHORITY, FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR MEMBERSHIP; PROVIDING FOR OFFICERS AND SUPPORT STAFF; PROVIDING FOR MEETINGS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR SCOPE OF LAND DEVELOPMENT PROJECT REVIEWS; PROVIDING FOR LIBERAL CONSTRUCTION; REPEALING COLLIER COUNTY ORDINANCE NO. 87-97 IN ITS ENTIRETY AND SECTION 1. 05 OF COLLIER COUNTY ORDINANCE NO. 74-50; AMENDING ORDINANCE NO. 77-66, SECTION 10; PROVIDING FOR REIMBURSEMENT OF EXPENSES; PROVIDING FOR REVIEW PROCESS; PROVIDING FOR CONFLICT AND SEVERANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 74-50 as amended by Collier County Ordinance No. 87-97 creating the Water Management Advisory Board (WMAB) to review proposed projects and to advise the Board on the impacts of such projects on the land and water resources and environmental quality of Collier County; and WHEREAS, the Board of County Commissioners created the Environmental Advisory Council (EAC) on February 10, 1970 to collect biological, hydrological and geological facts affecting Collier County in order to advise the Board on matters concerning air, land and water pollution as an aid to proper zoning and the preservation of the environment; and WHEREAS, the EAC and the WMAB exhibit overlapping areas of responsibilities because they are both directed to advise the Board on matters affecting the conservation and maintenance of the County's natural resources; and WHEREAS, the existence of two advisory boards, one to review environmental quality matters, the other to review water management matters, creates an unnecessary duplication in closely related natural resource functions and features; and WHEREAS, the merger of the two advisory boards into one Environmental Advisory Board (EAB) would eliminate both the fragmentation of the County's natural resource review and the unnecessary duplication involved in the presentation of land -1- development projects to members of both advisory boards; and WHEREAS, Objective 1. 1 of the Conservation and Coastal Management Element of the Growth Management Plan requires the establishment of a Technical Advisory Committee to advise and assist the County in the development and implementation of the County environmental resources management program; and WHEREAS, the creation of the Collier County Development Services Department with a sufficient number of professionally qualified review staff reduces the need for appointed advisory boards to duplicate administrative reviews; and WHEREAS, Collier County Ordinance No. 77-66 provides for the EAC to function as an appeals board for Environmental Impact Statements; and WHEREAS, Collier County Ordinance No. 86-41 has established standards for the creation of advisory boards and qualifications for membership and process of appointments; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, that: SECTION ONE: ESTABLISHMENT OF THE ENVIRONMENTAL ADVISORY BOARD; ABOLISHMENT OF THE WMAB AND EAC. A. There is hereby established "The Environmental Advisory Board" which shall herein be referred to as the EAB. B. The EAC and the WMAB are hereby abolished. SECTION TWO: AUTHORITY; FUNCTIONS; POWERS AND DUTIES. A. Authority The EAB obtains its jurisdiction, powers, and limits of authority from the Board of County Commissioners, hereinafter referred to as the Board, and pursuant to this Ordinance, shall act in an advisory capacity to the Board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources of or within Collier County. B. Functions The EAB will function to: -2- _ - I 1. advise on the beneficial use of the physical and biological natural resources (atmospheric, terrestrial and hydrologic) of the County in regard to the safety, health and general well-being of the public; 2 . advise on the prevention of, the depletion, deterioration, waste, pollution, or detrimental usage of the County's air, land, water and wildlife resources; 3 . advise on the prevention of the extinction, extirpation, alteration, or damage of and to biological natural resources including terrestrial, freshwater, estuarine, and marine flora and fauna; and 4 . assist the County staff and Board toward developing the purpose, intent and criteria of all Collier County ordinances dealing with natural resources; and 5. review and recommend stipulations for petitions and/or plans for selected development orders, including but not limited to Rezones, DRI Development Orders, Provisional Use, Subdivision Master Plan and Planned Unit Development Amendments that are directed to the EAB by County staff or the Board. C. The powers and duties of the EAB are as follows: 1. Identify, study, evaluate, and provide technical recommendations to the Board on programs necessary for the conservation, management and protection of air, land, and water resources and environmental quality in Collier County. 2 . Assist the Board to establish goals and objectives for the County's environmental conservation and management programs. 3 . Assist the Board in developing and revising, as appropriate, local rules and regulations addressing the County's natural resources. 4 . Assist in the implementation and development of the Growth Management Plan regarding environmental and natural resource issues. 5. Provide an appeals forum and process to hear disputes between staff and applicants concerning land development projects -3- and recommend proposed stipulations for project approval or grounds for project denial for Board consideration. 6. Function as an EIS Appeal Board pursuant to Collier County Ordinance No. 77-66. 7 . Serve as the Technical Advisory Committee to advise and assist the County in the activities involved in the development and implementation of the County Environmental Resources Management Program as stated in Policy 1. 1. 1 of the Conservation and Coastal Management Element of the Growth Management Plan. 8 . Implement the water policy pursuant to Collier County Ordinance No. 74-50, as amended. SECTION THREE: MEMBERSHIP. a) Seven (7) members of the EAB shall be appointed by and serve at the pleasure of the Board. Appointment to the EAB shall be by resolution of the Board and shall set forth the date of appointment and the term of office. b) Vacancies on the EAB shall be publicized, but need not be advertised, in a publication of general circulation within the County, and vacancy notices shall be posted in the County libraries and County Courthouse. Prior to making appointments, the Board's staff shall provide the Board with a list outlining the qualifications and demographic background of each candidate, along with a list of present members seeking reappointment. c) Members shall be permanent residents and electors of Collier County and should be reputable and active in community service. Members should demonstrate an interest in the purposes of the EAB, without special conflict of interest. d) The primary consideration in appointing EAB members shall be to provide the Board with technical expertise necessary to effectively accomplish the EAB's purpose. Members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Botany, Coastal Processes, Ecology, Estuarine Processes, Hazardous Waste, Hydrogeology, Hydrology, -4- Hydraulics, Pollution Control, Solid Waste, Stormwater, Water Resources, Wildlife Management, and Zoology. e) The initial terms of office of the members of the EAB shall be as follows: a. One (1) member will serve until September 30, 1991; b. Two (2) members will serve until September 30, 1992 ; c. Two (2) members will serve until September 30, 1993; d. Two (2) members will serve until September 30, 1994 . Thereafter, each appointment or reappointment shall be for a term of four (4) years. All terms of office shall expire on the 30th day of September. Terms of office shall be limited to one term unless waived by the Board by a unanimous vote. A member may be reappointed by the Board for only one (1) successive term and shall apply with other applicants. Terms shall be staggered so that no more than a minority of such members' appointments will expire in any one (1) year. f) Any member of the EAB may be removed from office by a unanimous vote of the Board. g) Members shall be automatically removed if they are absent from two consecutive meetings without a satisfactory excuse or if they are absent from more than one-half of the meetings in a given fiscal year. Members shall be deemed absent from a meeting when they are not present during at least 75% of the meeting. SECTION FOUR: OFFICERS AND SUPPORT STAFF. a) The officers of the EAB shall be a Chairman and a Vice-Chairman. Officers' terms shall be for one(1) year, with eligibility for re-election. The Chairman and Vice-Chairman shall be elected by a majority vote at the organizational meeting and thereafter at the first regular meeting of the EAB in October of each year. b) The Chairman shall preside at all meetings of the EAB. The Vice-Chairman shall perform the duties of the Chairman in the absence or incapacity of the Chairman. In case of the resignation or death of the Chairman, the Vice-Chairman shall -5- perform such duties as are imposed on the Chairman until such time as the EAB shall elect a new Chairman. Should the offices of Chairman and/or Vice-Chairman become vacant, the EAB shall elect a successor from its membership at the next regular meeting. Such election shall be for the unexpired term of said office. c) Professional support staff for the EAB shall be provided by the Environmental Services Division, Development Services Department and such other County staff from the above-named departments or elsewhere within the County Government as may, from time to time, be requested by the EAB and deemed necessary by the County Manager. Development Services staff will provide support for EIS appeals and land development project reviews. SECTION FIVE: MEETINGS; QUORUM; RULES OF PROCEDURE. a) Regular meetings of the EAB shall be held on the 2nd Wednesday of each month at 9 : 00 a.m. , in the Commissioner's Meeting Room, 3rd Floor, Building "F" , Collier County Government Complex, Naples, Collier County, Florida. Special meetings of the EAB may be called by the Chairman or by a majority of the membership. Such meetings may be called subject to public notice to reduce an overloaded agenda; to consider a specific topic; or to hear a petition due to an extreme hardship. b) A simple majority of the appointed members of the EAB shall constitute a quorum for the purpose of conducting business. An affirmative vote of four (4) or more members shall be necessary in order to take official action, regardless of whether five(5) or more members of the EAB are present at a meeting. c) The EAB shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings and determinations. The EAB may establish subcommittees comprised solely of its membership to facilitate its functions. Meetings of the subcommittees shall conform to the same public notice requirements as that of the EAB. -6- d) At the regular meetings of the EAB, the following shall be the order of business: 1. Roll Call 2 . Approval of the Minutes of Previous Meeting 3 . EIS Appeals 4 . Land Development Project Reviews 5. Old Business 6. New Business 7 . Adjournment Items shall come before the EAB as scheduled on the printed agenda unless a specific request arises which justifies deviation by the EAB. Agenda items for appeals shall be presented by the petitioners or their authorized representatives. SECTION SIX: SCOPE OF LAND DEVELOPMENT PROJECT REVIEWS. It is the intent of this Ordinance to require the EAB to serve as an appeals board for land development projects when an applicant and staff do not agree on stipulations and conditions recommended by the Project Review Services Manager. SECTION SEVEN: LIBERAL CONSTRUCTION. The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose in the interest of the public health, safety, welfare and convenience. SECTION EIGHT: REPEAL OF COLLIER COUNTY ORDINANCE NO. 87-97 AND SECTION 1. 05 OF COLLIER COUNTY ORDINANCE NO. 74-50 . Collier County Ordinance No. 87-97 is hereby repealed in its entirety. Section 1. 05 of Collier County Ordinance No. 74-50 is hereby repealed as of the effective date of this Ordinance. SECTION NINE: AMENDMENT OF COLLIER COUNTY ORDINANCE NO. 77-66. Section Ten (10) , Collier County Ordinance No. 77-66 is hereby amended as follows: Any person aggrieved by the decision of the County Manager regarding any section of this ordinance may file a written request for appeal, not later than ten (10) days after said decision, with the Environmental -7- Advisory eeuieil Board. The Environmental Advisory eetineil-Board will notify the aggrieved person and the County Manager of the date, time and place that such appeal shall be heard; such notification will be given twenty-one (21) days prior to the hearing unless all parties waive this requirement. The appeal will be heard by the Environmental Advisory eeireil Board within sixty (60) days of the submission of the appeal. Ten (10) days prior to the hearing the aggrieved person shall submit to the Environmental Advisory eerneil Board and to the County Manager copies of the data and information he intends to use in his appeal. Upon conclusion of the hearing the Environmental Advisory eeuneil Board will submit to the Board of County Commissioners their its facts, findings and recommendations. The Board of County Commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the County Manager in light of the recommendations of the Environmental Advisory eelaneil Board. SECTION TEN: REIMBURSEMENT OF EXPENSES. Members of the EAB shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION ELEVEN: REVIEW PROCESS. This Board shall be reviewed for major accomplishments and whether the Board is serving the purpose for which it was created once every four (4) years commencing with 1994 , in accordance with the procedures contained in Collier County Ordinance No. 86-41. SECTION TWELVE: CONFLICT AND SEVERANCE. In the event this Ordinance conflicts with any other -8- +\ 1 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 THIRTEEN: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1990. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS JAMES C. GILES, Clerk COLLIER COUNTY, FLORIDA BY: MAX A. HASSE, JR. , Chairman Approved as to form and legal sufficiency: id C. Weige Ar Assistant County At o ney -9- Collier C. unty, Florid. 11/28/64-S50 'JEST FOR LEGAL ADVFRTISINC OF PUBLIC 1 NGS To: Clerk to the Board: Please place the following as a: c:/1)111)( ' , / / Normal Legal Advertisement. / / Other: L.../QicAr` (Display Adv. , location, etc.) A A AA A AA A A A A AAAA A AAAAA*AAOr*AAAAAA** *YrirOriAlr -AAAA*AA AAA AAA/,Ate-Or irkA A A ARRA t A A A A.A A AtKnr*-Onsr *** Originating Dept/Div: Env. Serv. Admin Person: W.D. Lorenz u � Date: 10/22/90 (Sign clearly) Petition No. (If none, give brief description): ordinance establishing EAB & abolishing EAC & WNW Petitioner: (Naze & address): Board of County Commissioners Name & Address of any persons(s) to be notified by Clerk's Office: (If more apace needed, attach separate sheet) Hearing before: Pa/ BCC / / BZA / /Other Requested hearing date: Based on advertisement appearing days before hearing. Newspaper(a) to be used: (Complete only if important / /, / / Naples Daily News or legally required / /) / / Other , y Proposed Text: (Include legal description & common location & site): DATE: ,A) (. > (io.,, _ 1 4CTION•.' _._..._...- i 11 Companion petition(s), if any, & proposed hearing date: i Does Petition Fee Include Advertising Cost? Yes / / No / / If yes, what iiic nt. 111..b ..rbsrge1 for advertising costs 001-178810 -"--'----•— ------ Reviewed by: 1 y9 Approved by: Division Head/ Y ;� pIA ,,, Date l 4,/2 3190 County Manager Date List Attachments:(1) (2) Ordinance (3) *-A******ir****-*-Alda rk lrfr**AAAAAA* DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. NOTE: If legal document is involved, be sure that any necessary legal review, or request for name, is submitted to County Attorney before submitting to County Manager. The Manager'SOffice will distribute copies: / / County Manager agenda file; / / Requesting Division; / / Original to Clerk's Office B. Other hearings: Initiating Division Head to approve and submit original to Clerk's Office, retaining a copy for file. *******AAA* ***** FOR CLERK'S OFFICE USE ONLY nnr,. 0ane1.4..A n.._ A,I....�.IenA n_._ _r n n This letter went to the attached list of people! October 29, 1990 <First> <Last><Title> <Business> <Address> <City> RE: An Ordinance creating an Environmental Advisory Board Dear <Intro>: Please find attached the final version of the Ordinance creating an Environmental Advisory Board. The initial draft was mailed to you November 27, 1989 . Since that time the draft has been presented to the Board of County Commissioners in a workshop meeting and further developed and reviewed for legal sufficiency by the County Attorney' s office. We are anticipating presenting this final version to the Board of County Commissioners for their approval on November 27th. Thank you for your input and comments on previous drafts. As a courtesy I have provided you with this copy of the public hearing draft. Sincerely, William D. Lorenz Jr. , P.E. , Administrator Environmental Services Division WDL:pc Attachment c: Environmental Services File Mr. David Lnad Co)lier Enterprises F Drawer B 1 :glee, Florida 33934 Mr. Edward J. Oates, Exec Vice Pres. Naples Chamber of Commerce 1700 N. Tamiami Trail Naples, Fla. 33940 Alan Reynolds, AICP, Vice President Wilson, Miller, Barton & Peek 3200 Bailey Ln at Airport Rd. Naples, Florida 33940 Tovio Tam erk, President The Conservancy 1450 Merrihue Dr. Naples, Fla. 33940 Jon Staiger, Natural Resources Mgr. City of Naples 735 8th St., S. Naples, Fla.-33964 Dr. James Snyder Environmental Advisory Council 1310 15th St. SW. Naples, Fla. 33964 Vernon 0. Bowles, P.E. Water Mgmnt Advisry Boars 172 #A Hurricane Harbor Lane Naples, Florida 33942 Kris Dane Coastal Engineering Consultants 3106 South Horseshoe Dr. Naples, Florida 33942 • Cliff Barksdale C011ier Development Corp. 3003 Tamiami Trail N. Naples, Fla. 33940 Win L. Jones, Vice Pres/Gen'l Manager Tamiami Builders, Inc. 3500 Radio Rd. Naples, Fla. 33942 Bruce Anderson Young, vanAddernderp, Varnadoe & Benton 801 Laurel Oak Dr. - Suite 300 Naples, Fla. 33963 Ginger Westman League of Women Voters 116 Bond Court Marco Island, Fla. 33937 ORDINANCE NO. 90 - AN ORDINANCE ESTABLISHING THE COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD AND ABOLISHING THE WMAB AND EAC; PROVIDING FOR AUTHORITY, FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR MEMBERSHIP; PROVIDING FOR OFFICERS AND SUPPORT STAFF; PROVIDING FOR MEETINGS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR SCOPE OF LAND DEVELOPMENT PROJECT REVIEWS; PROVIDING FOR LIBERAL CONSTRUCTION; REPEALING COLLIER COUNTY ORDINANCE NO. 87-97 IN ITS ENTIRETY AND SECTION 1.05 OF COLLIER COUNTY ORDINANCE NO. 74-50; AMENDING ORDINANCE NO. 77-66, SECTION 10; PROVIDING FOR REIMBURSEMENT OF EXPENSES; PROVIDING FOR REVIEW PROCESS; PROVIDING FOR CONFLICT AND SEVERANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No.74-50 as amended by Collier County Ordinance No.87-97 creating the Water Management Advisory Board (WMAB) to review proposed projects and to advise the Board on the impacts of such projects on the land and water resources and environmental quality of Collier County; and WHEREAS, the Board of County Commissioners created the Environmental Advisory Council (EAC) on February 10, 1970 to collect biological, hydrological and geological facts affecting Collier County in order to advise the Board on matters concerning air, land and water pollution as an aid to proper zoning and the preservation of the environment; and WHEREAS, the EAC and the WMAB exhibit overlapping areas of responsibilities because they are both directed to advise the Board on matters affecting the conservation and maintenance of the County's natural resources; and WHEREAS, the existence of two advisory boards, one to review environmental quality matters, the other to review water management matters, creates an unnecessary duplication in closely related natural resource functions and features; and WHEREAS, the merger of the two advisory boards into one Environmental Advisory Board (EAB) would eliminate both the fragmentation of the County's natural resource review and the unnecessary duplication involved in the presentation of land -1- development projects to members of both advisory boards; and WHEREAS, Objective 1.1 of the Conservation and Coastal Management Element of the Growth Management Plan requires the establishment of a Technical Advisory Committee to advise and assist the County in the development and implementation of the County environmental resources management program; and WHEREAS, the creation of the Collier County Development Services Department with a sufficient number of professionally qualified review staff reduces the need for appointed advisory boards to duplicate administrative reviews; and WHEREAS, Collier County Ordinance No.77-66 provides for the EAC to function as an appeals board for Environmental Impact Statements; and WHEREAS, Collier County Ordinance No.86-41 has established standards for the creation of advisory boards and qualifications for membership and process of appointments; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, that: SECTION ONE: ESTABLISHMENT OF THE ENVIRONMENTAL ADVISORY BOARD; ABOLISHMENT OF THE WMAB AND EAC. A. There is hereby established "The Environmental Advisory Board" which shall herein be referred to as the EAB. B. The EAC and the WMAB are hereby abolished. SECTION TWO: AUTHORITY; FUNCTIONS; POWERS AND DUTIES. A. Authority The EAB obtains its jurisdiction, powers, and limits of authority from the Board of County Commissioners, hereinafter referred to as the Board, and pursuant to this Ordinance, shall act in an advisory capacity to the Board in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources of or within Collier County. B. Functions The EAB will function to: -2- 1. advise on the beneficial use of the physical and biological natural resources (atmospheric, terrestrial and hydrologic) of the County in regard to the safety, health and general well-being of the public; 2. advise on the prevention of, the depletion, deterioration, waste, pollution, or detrimental usage of the County's air, land, water and wildlife resources; 3. advise on the prevention of the extinction, extirpation, alteration, or damage of and to biological natural resources including terrestrial, freshwater, estuarine, and marine flora and fauna; and 4. assist the County staff and Board toward developing the purpose, intent and criteria of all Collier County ordinances dealing with natural resources; and 5. review and recommend stipulations for petitions and/or plans for selected development orders, including but not limited to Rezones, DRI Development Orders, Provisional Use, Subdivision Master Plan and Planned Unit Development Amendments that are directed to the EAB by County staff or the Board. C. The powers and duties of the EAB are as follows: 1. Identify, study, evaluate, and provide technical recommendations to the Board on programs necessary for the conservation, management and protection of air, land, and water resources and environmental quality in Collier County. 2. Assist the Board to establish goals and objectives for the County's environmental conservation and management programs. 3. Assist the Board in developing and revising, as appropriate, local rules and regulations addressing the County's natural resources. 4. Assist in the implementation and development of the Growth Management Plan regarding environmental and natural resource issues. 5. Provide an appeals forum and process to hear disputes between staff and applicants concerning land development projects -3- and recommend proposed stipulations for project approval or grounds for project denial for Board consideration. 6. Function as an EIS Appeal Board pursuant to Collier County Ordinance No. 77-66. 7. Serve as the Technical Advisory Committee to advise and assist the County in the activities involved in the development and implementation of the County Environmental Resources Management Program as stated in Policy 1.1.1 of the Conservation and Coastal Management Element of the Growth Management Plan. 8. Implement the water policy pursuant to Collier County Ordinance No. 74-50, as amended. SECTION THREE: MEMBERSHIP. a) Seven (7) members of the EAB shall be appointed by and serve at the pleasure of the Board. Appointment to the EAB shall be by resolution of the Board and shall set forth the date of appointment and the term of office. b) Vacancies on the EAB shall be publicized, but need not be advertised, in a publication of general circulation within the County, and vacancy notices shall be posted in the County libraries and County Courthouse. Prior to making appointments, the Board's staff shall provide the Board with a list outlining the qualifications and demographic background of each candidate, along with a list of present members seeking reappointment. c) Members shall be permanent residents and electors of Collier County and should be reputable and active in community service. Members should demonstrate an interest in the purposes of the EAB, without special conflict of interest. d) The primary consideration in appointing EAB members shall be to provide the Board with technical expertise necessary to effectively accomplish the EAB's purpose. Members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Botany, Coastal Processes, Ecology, Estuarine Processes, Hazardous Waste, Hydrogeology, Hydrology, -4- Hydraulics, Pollution Control, Solid Waste, Stormwater, Water Resources, Wildlife Management, and Zoology. e) The initial terms of office of the members of the EAB shall be as follows: a. One (1) member will serve until September 30, 1991; b. Two (2) members will serve until September 30, 1992; c. Two (2) members will serve until September 30, 1993; d. Two (2) members will serve until September 30, 1994. Thereafter, each appointment or reappointment shall be for a term of four (4) years. All terms of office shall expire on the 30th day of September. Terms of office shall be limited to one term unless waived by the Board by a unanimous vote. A member may be reappointed by the Board for only one (1) successive term and shall apply with other applicants. Terms shall be staggered so that no more than a minority of such members' appointments will expire in any one (1) year. f) Any member of the EAB may be removed from office by a unanimous vote of the Board. g) Members shall be automatically removed if they are absent from two consecutive meetings without a satisfactory excuse or if they are absent from more than one-half of the meetings in a given fiscal year. Members shall be deemed absent from a meeting when they are not present during at least 75% of the meeting. SECTION FOUR: OFFICERS AND SUPPORT STAFF. a) The officers of the EAB shall be a Chairman and a Vice-Chairman. Officers' terms shall be for one(1) year, with eligibility for re-election. The Chairman and Vice-Chairman shall be elected by a.majority vote at the organizational meeting and thereafter at the first regular meeting of the EAB in October of each year. b) The Chairman shall preside at all meetings of the EAB. The Vice-Chairman shall perform the duties of the Chairman in the absence or incapacity of the Chairman. In case of the resignation or death of the Chairman, the Vice-Chairman shall -5- perform such duties as are imposed on the Chairman until such time as the EAB shall elect a new Chairman. Should the offices of Chairman and/or Vice-Chairman become vacant, the EAB shall elect a successor from its membership at the next regular meeting. Such election shall be for the unexpired term of said office. c) Professional support staff for the EAB shall be provided by the Environmental Services Division, Development Services Department and such other County staff from the above-named departments or elsewhere within the County Government as may, from time to time, be requested by the EAB and deemed necessary by the County Manager. Development Services staff will provide support for EIS appeals and land development project reviews. SECTION FIVE: MEETINGS; OUORUM; RULES OF PROCEDURE. a) Regular meetings of the EAB shall be held on the 2nd Wednesday of each month at 9:00 a.m., in the Commissioner's Meeting Room, 3rd Floor, Building "F", Collier County Government Complex, Naples, Collier County, Florida. Special meetings of the EAB may be called by the Chairman or by a majority of the membership. Such meetings may be called subject to public notice to reduce an overloaded agenda; to consider a specific topic; or to hear a petition due to an extreme hardship. b) A simple majority of the appointed members of the EAB shall constitute a quorum for the purpose of conducting business. An affirmative vote of four (4) or more members shall be necessary in order to take official action, regardless of whether five(5) or more members of the EAB are present at a meeting. c) The EAB shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings and determinations. The EAB may establish subcommittees comprised solely of its membership to facilitate its functions. Meetings of the subcommittees shall conform to the same public notice requirements as that of the EAB. -6- d) At the regular meetings of the EAB, the following shall be the order of business: 1. Roll Call 2. Approval of the Minutes of Previous Meeting 3. EIS Appeals 4. Land Development Project Reviews 5. Old Business 6. New Business 7. Adjournment Items shall come before the EAB as scheduled on the printed agenda unless a specific request arises which justifies deviation by the EAB. Agenda items for appeals shall be presented by the petitioners or their authorized representatives. SECTION SIX: SCOPE OF LAND DEVELOPMENT PROJECT REVIEWS. It is the intent of this Ordinance to require the EAB to serve as an appeals board for land development projects when an applicant and staff do not agree on stipulations and conditions recommended by the Project Review Services Manager. SECTION SEVEN: LIBERAL CONSTRUCTION. The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose in the interest of the public health, safety, welfare and convenience. SECTION EIGHT: REPEAL OF COLLIER COUNTY ORDINANCE NO. 87-97 AND SECTION 1.05 OF COLLIER COUNTY ORDINANCE NO.74-50. Collier County Ordinance No. 87-97 is hereby repealed in its entirety. Section 1.05 of Collier County Ordinance No. 74-50 is hereby repealed as of the effective date of this Ordinance. SECTION NINE: AMENDMENT OF COLLIER COUNTY ORDINANCE NO. 77-66, Section Ten (10) , Collier County Ordinance No. 77-66 is hereby amended as follows: Any person aggrieved by the decision of the County Manager regarding any section of this ordinance may file a written request for appeal, not later than ten (10) days after said decision, with the Environmental -7- Advisory eetineil Board. The Environmental Advisory eetineil-Board will notify the aggrieved person and the County Manager of the date, time and place that such appeal shall be heard; such notification will be given twenty-one (21) days prior to the hearing unless all parties waive this requirement. The appeal will be heard by the Environmental Advisory eettneil Board within sixty (60) days of the submission of the appeal. Ten (10) days prior to the hearing the aggrieved person shall submit to the Environmental Advisory eexneil Board and to the County Manager copies of the data and information he intends to use in his appeal. Upon conclusion of the hearing the Environmental Advisory eettneii Board will submit to the Board of County Commissioners their its facts, findings and recommendations. The Board of County Commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the County Manager in light of the recommendations of the Environmental Advisory eetineil Board. SECTION TEN: REIMBURSEMENT OF EXPENSES. Members of the EAB shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the Board of County Commissioners. SECTION ELEVEN: REVIEW PROCESS. This Board shall be reviewed for major accomplishments and whether the Board is serving the purpose for which it was created once every four (4) years commencing with 1994, in accordance with the procedures contained in Collier County Ordinance No. 86-41. SECTION TWELVE: CONFLICT AND SEVERANCE. In the event this Ordinance conflicts with any other -8- 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 THIRTEEN: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of , 1990. DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS JAMES C. GILES, Clerk COLLIER COUNTY, FLORIDA BY: MAX A. HASSE, JR. , Chairman Approved as to form and legal sufficiency: �i� /1 i i/ avid C. Weige AO Assistant County At .rney -9- DEVELOPMENT SERVICES DEPARTMENT PROJECT REVIEW SERVICES SECTION MEMORANDUM ENVIRONMENTAL SERVICES ROUTING DATE 06196 TO: Bill Lorenz Environmental Services ACTION: FROM: Stephanie R. Smith Technical Services Superviso INFO: RE: Proposed EAB Ordinance and Commercial Excavation Review Procedures' -�- DATE: November 1, 1990 1---- •• -This will confirm our telephone conversation of October 31, 1990 concerning the new EAB Ordinance and the lack of it to modify Ordinance 88-26 as it relates to commercial excavation review procedures. In our conversation, you indicated the County Attorney recommended that you modify Ordinance 88-26 through a separate ordinance. You also indicated that such an ordinance has not been prepared yet. At this time I am anticipating that by the end of the month, I will have one and possibly two commercial excavations ready for approval. With Ordinance 88-26 requiring approval by Water Management Advisory Board but without a Water Management Advisory Board (assuming the EAB Ordinance which eliminates the Water Management Advisory Board is approved by the Board of County Commissioners) , I will have a unresolvable conflict as it relates to commercial excavation permits. Obviously from Development Services point of view, a revision of Ordinance 88-26 is of primary importance. As it is my understanding that all ordinances relating to technical issues of development review are generated by and processed through the capital divisions of the County, I am requesting you have this ordinance modified and presented to the Board of County Commissioners as soon as possible. If I can provide assistance through the review of the proposed document, please feel free to contact me. If you have any questions, please let me know. SRS/gs cc: Frank W. Brutt, Community Development Administrator David Pettrow, Development Services Director John F. Madajewski, Project Review Services Manager DEVELOPMENT SERVICES DEPARTMENT PROJECT REVIEW SERVICES SECTION MEMORANDUM 1-- - rY ENVIRONMENTAL Sig ICES DATE: !f//si/9U TO: Bill Lorenz Environmental Services ACTION: FROM: Stephanie R. Smith Technical Services Supervisor RE: Revised Excavation Ordinance DATE: November 15, 1990 ;;:i,_F: _ a_ In my discussion with David Weigel yesterday, I offered to mark up a copy of the Excavation Ordinance with some proposed changes. In general, they cover the following: 1. Modified the definition of "Advisory Board" to include the "WMAB Successor Board" . Within the document, changes were made to indicate when projects would go to the "Successor Board" which would be for resolution of disputes. Other references of information (reports, documents, etc. ) to be submitted to the Board have been deleted. 2 . The definition of "Development Excavation" has been modified to include those excavations over 2 acres in size as long as no fill is removed from the site. Presently, these have to receive a commercial excavation permit. In the last two years those that had to go this route were typically residential projects which had zoning in place and the added review was unnecessary and burdensome. 3 . Allowance to remove fill from "Development Excavation" has been further clarified. We have had some disputes with developers that the present language allows the removal of fill beyond the 10%/max. 20, 000 cy limit, as long as the Board approves it. Discussion with John H. Boldt confirms that the original intent is now how it is written. In discussion with David, he suggested changes concerning the names of departments and positions which have been changed. I made the appropriate changes to "Departments" . Ordinance 88-98 (copy attached) has already made the changes to the "positions" . If you have any questions, please let me know. SRS/gs cc: David Weigel, Assistant County Attorney Frank W. Brutt, Community Development Administrator David Pettrow, Development Services Director John F. Madajewski, Project Review Services Manager IFEWA ENVIRONMENTAL SERVICES ROUTING COLLIER COUNTY MANAGER'S OFFIaTE. ACTION: 3301 E.TAMIAMI TR. NAPLES, FL 33962 INFO: (813)774-8383 November 20, 1990 FAX(813)774-4010 CERTIFIp BLUE CHIP SOMMUNITY CC- Mr. David B. Land FILE: ( Collier Enterprises 3003 Tamiami Trail North Naples, Florida 33940 Dear David: Thank you for reviewing the proposed Environmental Advisory Board (EAB) Ordinance. Allow me to take this opportunity to address two of your concerns of the proposed ordinance: (1) area of expertise and (2) conflict of interest. A major responsibility of the proposed EAB is to assist the County in developing local rules regarding natural resource protection as required by the Growth Management Plan. As such, it is proposed to function as the technical advisory committee specified in Policy 1. 1. 1 of the Conservation and Coastal Management Element. Membership criteria therefore, focus on technical expertise of many areas related to environmental protection and natural resource management. There are sufficient areas of expertise listed to support the functions of the EAB. You also expressed concern that individuals would not be able to serve on the EAB as a result of the "special conflict" provision. The general thrust of this provision is to provide the Board with criteria to reduce the possibility of selecting members that may be prevented from participation in all aspects of the EAB's function because of a monetary, business or other personal benefit. The proposed EAB will function as a forum for formal public workshops and input on land development regulations prior to public hearings by the Collier County Planning Commission and Board of County Commissioners. Sub-committees consisting of the EAB membership may be formed and hold sub-committee meetings. Staff will receive comments from the EAB on technical needs and substance of future regulations and then prepare working drafts for the EAB and other interested public to review and comment. This is the preferred management process to efficiently develop a work product using staff and an advisory board. Mr. David Land November 20, 1990 Page Two The ordinance is to be presented to the Board of County Commissioners on Tuesday, November 27th. If you have any additional comments, please advise. Very tr j y s, W. Ne: l Dorrill Coun►y Manager WND/bp cc: V William D. Lorenz, Environmental Services Administrator (,qo /12,2c2 e r 4 ;,- a 1 , • Q 6A C' i,tJrt 2,t J l3 4.41-12 /5 y- eV‘r-1- 2>A" C, /w C4R-t)//!1 A'u- e1 161/ass. !moo mac_- t)J PP-z, rc-aA ?i r v4x.-17152) A-5 ,& ,e1 PP&£5 /v AZ.r) — `fie.v. bAielz I• )),e5-5 ..4 i r�o6 ,ea''e4 / pig ' Pe Lic h -�r- 31-)FucJ-77v--i i `< 7-7tai iNtp i £t'L- V i . fZ4-/ 2 /076.7,6 v,A-- ,o.v s/7-4.rt) /&:-. 1-4‘<j/CA C Pe- 22-775E ! .A V / v ovrim Vic: l�u`.t�s k'-6cn � rP-�u,�a C ",(2-0Xe,, ins v r 'A rev .. ) 0124),-0,..) ,4.4.../---c‹, -a. 6 /1, -7 S /f-,4.-e.) , -1iCA-r? 0,0 4- 175- 0 h /1 s sr- -Ce31- C C .r------.—Th , .� '°°°$.°V /1/14- r�-- �t1ri. IA Rte) kare-\1\) Q. - 4) -fir � � � 0 p54v- 1461-1 -ail -.7-0)>D TtalaP-M__ .., Y 6g,e''7//' ' Ls ._ i 0 4cizc s!` crxT.1. ). .-‘19L5 G I/ S"- 5/7-7 5/7-7 --,... i ' tea L_ S-r/A4,-tiAo ‹. a (...__, i ( ec-i p d X1/ , ,-- ( %/,l.. Is, t ) -c 27.16J4 i'6?' s� — Z.:77. - floc �,5jG./pAr1 i C ---4-444.0. z. 4,e4 t 9-6/1 5 ' fr 14.4,-LL.af 04 6 -rte 9e) `14'7/5&L /4 I /0 c / l-t fes? /!3 f cam, (///: ENVIRONMENTAL SERVICES DIVISION MEMORANDUM TO: David Pettrow, Development Services Director FROM: William D. Lorenz Jr. , P.E. , Administrator Environmental Services Division DATE: 28-Nov-1990 SUBJECT: Environmental Advisory Board Attached is a draft letter and schedule reflecting BCC direction for creating two environmental advisory boards. The purpose of this memo is to confirm this approach with you and to identify roles and responsibilities of Environmental Services and Development Services in the task of creating the two boards. I propose the following responsibilities: Environmental Services ♦ Overall coordination of project, ♦ Initial point of contact with public and media, ♦ Drafting of ordinance for Environmental Services Advisory Board, ♦ Presentation to EAC, BCC. Development Services ♦ Drafting of ordinance for Development Services Advisory Board, including criteria for which projects are reviewed, ♦ Assist in presentation to EAC, BCC I will be the contact for Environmental Services. Will John Madajewski continue to be Development Services contact? Please review this approach and get back with me November 29th (tomorrow) so that I can send the letter our by the end of this week (November 30th) . Note that we must have an EAC Workshop draft ordinance ready for mailing by December 7, 1990! Also, attached is our EAB Ordinance which can be easily modified for your purposes. WDL:pc c: David Weigel, Assistant County Attorney Frank Brutt, Development Services Administrator Tom 011iff, Assistant to the County Manager Jennifer Pike, Assistant to the County Manager Environmental Services File DRAFT November 28, 1990 <first> <last><title> <business> <address> <city> RE: Environmental Advisory Boards Dear <Intro>: On November 27, 1990, the Board of County Commissioners directed staff to draft appropriate ordinances to create two Environmental Advisory Boards along the following lines: Environmental Policy Technical Advisory Board (EPTAC) ♦ Consolidate the existing WMAB and EAC, ♦ Review projects for environmental stipulations, ♦ Establish criteria for selecting projects that will be reviewed. Project Review Environmental Advisory Board (PREAB) ♦ Create a separate technical advisory board to assist County staff in developing environmental policies and regulations. The Board of County Commissioners directed staff to workshop the proposed ordinance with the WMAB and EAC and hold a new public hearing in 90 days. The attached schedule was therefore developed to satisfy the direction given to staff by the Board of County Commissioners. A major issue that needs resolution is to define the type of projects forwarded to PREAB for review. Also, membership criteria will allow for greater flexibility by allowing additional experience deemed appropriate by the Board of County Commissioners. Staff intends to provide you with draft ordinances one week prior to the workshop by the EAC. If you are unable to attend,please provide me with your written comments. Please give me a call at 774-8849 if you have any questions. Sincerely, William D. Lorenz Jr. , P.E. , Administrator Environmental Services Division WDL:pc Enclosure c: Board of County Commissioners David Weigel, Assistant County Attorney Neil Dorrill, County Manager Frank Brutt, Community Development Administrator Environmental Services File ENVIRONMENTAL ADVISORY BOARDS PROPOSED SCHEDULE Public Input Workshop drafts mailed to public December 1990 EAC Workshop Dpbcr '_' -190- i First drafts mailed to public December 21, 1990 Comments due January 4, 1991 Public Hearing Drafts Final drafts January 11, 1991 County Attorney's office approval January 18, 1991 BCC Approval Advertise ordinances January 21, 1991 Executive summary February 19, 1991 Public Hearing February 26, 1991 ORDINANCE NO. 90 - AN ORDINANCE ESTABLISHING THE COLLIER COUNTY ENVIRONMENTAL ADVISORY BOARD AND ABOLISHING THE WMAB AND EAC; PROVIDING FOR AUTHORITY, FUNCTIONS, POWERS AND DUTIES; PROVIDING FOR MEMBERSHIP; PROVIDING FOR OFFICERS AND SUPPORT STAFF; PROVIDING FOR MEETINGS, QUORUM, RULES OF PROCEDURE; PROVIDING FOR SCOPE OF LAND DEVELOPMENT PROJECT REVIEWS; PROVIDING FOR LIBERAL CONSTRUCTION; REPEALING COLLIER COUNTY ORDINANCE NO. 87-97 IN ITS ENTIRETY AND SECTION 1. 05 OF COLLIER COUNTY ORDINANCE NO. 74-50; AMENDING ORDINANCE NO. 77-66, SECTION 10 ; PROVIDING FOR REIMBURSEMENT OF EXPENSES; PROVIDING FOR REVIEW PROCESS; PROVIDING FOR CONFLICT AND SEVERANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Collier County Ordinance No. 74-50 as amended by Collier County Ordinanc No. 87-97 creating the Water Management Advisory Board (WMAB) to review proposed projects and to advise the Board on the impacts such projects on the land and water resources and environmental quality of Collier County; and WHEREAS, the Board of County Commissioners created the Environmental Advisory Council (EAC) on February 10, 1970 to collect biological, hydrological and geological facts affecting Collier County in order to advise the Board on matters concerni air, land and water pollution as an aid to proper zoning and th preservation of the environment; and WHEREAS, the EAC and the WMAB exhibit overlapping areas of responsibilities because they are both directed to advise the Board on matters affecting the conservation and maintenance of -6- County's natural resources; and WHEREAS, the existence of two advisory boards, one to revi environmental quality matters, the other to review water management matters, creates an unnecessary duplication in close related natural resource functions and features; and WHEREAS, the merger of the two advisory boards into one Environmental Advisory Board (EAB) would eliminate both the fragmentation of the County's natural resource review and the unnecessary duplication involved in the presentation of land -7- development projects to members of both advisory boards; and WHEREAS, Objective 1. 1 of the Conservation and Coastal Management Element of the Growth Management Plan requires the establishment of a Technical Advisory Committee to advise and assist the County in the development and implementation of the County environmental resources management program; and WHEREAS, the creation of the Collier County Development Services Department with a sufficient number of professionally qualified review staff reduces the need for appointed advisory boards to duplicate administrative reviews; and WHEREAS, Collier County Ordinance No. 77-66 provides for th EAC to function as an appeals board for Environmental Impact Statements; and WHEREAS, Collier County Ordinance No. 86-41 has established standards for the creation of advisory boards and qualification for membership and process of appointments; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, that: SECTION ONE: ESTABLISHMENT OF THE ENVIRONMENTAL ADVISORY BOARD ABOLISHMENT OF THE WMAB AND EAC. A. There is hereby established "The Environmental Advisor Board" which shall herein be referred to as the EAB. B. The EAC and the WMAB are hereby abolished. SECTION TWO: AUTHORITY; FUNCTIONS ; POWERS AND DUTIES. A. Authority -8- The EAB obtains its jurisdiction, powers, and limits of authority from the Board of County Commissioners, hereinafter referred to as the Board, and pursuant to this Ordinance, shall act in an advisory capacity to the Board in matters dealing wit the regulation, control, management, use or exploitation of any all natural resources of or within Collier County. B. Functions The EAB will function to: -9- 1. advise on the beneficial use of the physical and biological natural resources (atmospheric, terrestrial and hydrologic) of the County in regard to the safety, health and general well-being of the public; 2 . advise on the prevention of, the depletion, deterioration, waste, pollution, or detrimental usage of the County's air, land, water and wildlife resources; 3 . advise on the prevention of the extinction, extirpatio alteration, or damage of and to biological natural resources including terrestrial, freshwater, estuarine, and marine flora fauna; and 4 . assist the County staff and Board toward developing th purpose, intent and criteria of all Collier County ordinances dealing with natural resources; and 5. review and recommend stipulations for petitions and/o plans for selected development orders, including but not limite to Rezones, DRI Development Orders, Provisional Use, Subdivisio Master Plan and Planned Unit Development Amendments that are directed to the EAB by County staff or the Board. C. The powers and duties of the EAB are as follows: 1. Identify, study, evaluate, and provide technical recommendations to the Board on programs necessary for the conservation, management and protection of air, land, and water resources and environmental quality in Collier County. 2 . Assist the Board to establish goals and objectives fo -10- the County's environmental conservation and management programs 3 . Assist the Board in developing and revising, as appropriate, local rules and regulations addressing the County' natural resources. 4 . Assist in the implementation and development of the Growth Management Plan regarding environmental and natural resource issues. 5. Provide an appeals forum and process to hear disputes between staff and applicants concerning land development projec -11- and recommend proposed stipulations for project approval or grounds for project denial for Board consideration. 6. Function as an EIS Appeal Board pursuant to Collier County Ordinance No. 77-66. 7. Serve as the Technical Advisory Committee to advise a assist the County in the activities involved in the development and implementation of the County Environmental Resources Management Program as stated in Policy 1. 1. 1 of the Conservatio and Coastal Management Element of the Growth Management Plan. 8 . Implement the water policy pursuant to Collier County Ordinance No. 74-50, as amended. SECTION THREE: MEMBERSHIP. a) Seven (7) members of the EAB shall be appointed by an serve at the pleasure of the Board. Appointment to the EAB sha be by resolution of the Board and shall set forth the date of appointment and the term of office. b) Vacancies on the EAB shall be publicized, but need no be advertised, in a publication of general circulation within t County, and vacancy notices shall be posted in the County libraries and County Courthouse. Prior to making appointments, the Board's staff shall provide the Board with a list outlining the qualifications and demographic background of each candidate along with a list of present members seeking reappointment. c) Members shall be permanent residents and electors of Collier County and should be reputable and active in community -12- service. Members should demonstrate an interest in the purpose of the EAB, without special conflict of interest. d) The primary consideration in appointing EAB members shall be to provide the Board with technical expertise necessar to effectively accomplish the EAB's purpose. Members shall demonstrate evidence of expertise in one or more of the followi areas related to environmental protection and natural resources management: Air Quality, Botany, Coastal Processes, Ecology, Estuarine Processes, Hazardous Waste, Hydrogeology, Hydrology, -13- Hydraulics, Pollution Control, Solid Waste, Stormwater, Water Resources, Wildlife Management, and Zoology. e) The initial terms of office of the members of the EAB shall be as follows: a. One (1) member will serve until September 30, 1991 b. Two (2) members will serve until September 30, 199 c. Two (2) members will serve until September 30, 199 d. Two (2) members will serve until September 30, 199 Thereafter, each appointment or reappointment shall be for a to of four (4) years. All terms of office shall expire on the 30t day of September. Terms of office shall be limited to one term unless waived by the Board by a unanimous vote. A member may b reappointed by the Board for only one (1) successive term and shall apply with other applicants. Terms shall be staggered so that no more than a minority of such members' appointments will expire in any one (1) year. f) Any member of the EAB may be removed from office by a unanimous vote of the Board. g) Members shall be automatically removed if they are absent from two consecutive meetings without a satisfactory exc or if they are absent from more than one-half of the meetings i given fiscal year. Members shall be deemed absent from a meeti when they are not present during at least 75% of the meeting. SECTION FOUR: OFFICERS AND SUPPORT STAFF. a) The officers of the EAB shall be a Chairman and a -14- Vice-Chairman. Officers' terms shall be for one(1) year, with eligibility for re-election. The Chairman and Vice-Chairman sh be elected by a majority vote at the organizational meeting and thereafter at the first regular meeting of the EAB in October o each year. b) The Chairman shall preside at all meetings of the EAB The Vice-Chairman shall perform the duties of the Chairman in t absence or incapacity of the Chairman. In case of the resignat or death of the Chairman, the Vice-Chairman shall -15- perform such duties as are imposed on the Chairman until such t as the EAB shall elect a new Chairman. Should the offices of Chairman and/or Vice-Chairman become vacant, the EAB shall elec successor from its membership at the next regular meeting. Suc election shall be for the unexpired term of said office. c) Professional support staff for the EAB shall be provi by the Environmental Services Division, Development Services Department and such other County staff from the above-named departments or elsewhere within the County Government as may, f time to time, be requested by the EAB and deemed necessary by t County Manager. Development Services staff will provide suppor for EIS appeals and land development project reviews. SECTION FIVE: MEETINGS; QUORUM; RULES OF PROCEDURE. a) Regular meetings of the EAB shall be held on the 2nd Wednesday of each month at 9 : 00 a.m. , in the Commissioner's Meeting Room, 3rd Floor, Building "F" , Collier County Governmen Complex, Naples, Collier County, Florida. Special meetings of EAB may be called by the Chairman or by a majority of the membership. Such meetings may be called subject to public noti to reduce an overloaded agenda; to consider a specific topic; o to hear a petition due to an extreme hardship. b) A simple majority of the appointed members of the EAB shall constitute a quorum for the purpose of conducting busines An affirmative vote of four (4) or more members shall be necess in order to take official action, regardless of whether five(5) -16- more members of the EAB are present at a meeting. c) The EAB shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings and determinations. The EAB may establish subcommitte comprised solely of its membership to facilitate its functions. Meetings of the subcommittees shall conform to the same public notice requirements as that of the EAB. -17- d) At the regular meetings of the EAB, the following sha be the order of business: 1. Roll Call 2 . Approval of the Minutes of Previous Meeting 3 . EIS Appeals 4 . Land Development Project Reviews 5. Old Business 6. New Business 7 . Adjournment Items shall come before the EAB as scheduled on the printe agenda unless a specific request arises which justifies deviati by the EAB. Agenda items for appeals shall be presented by the petitioners or their authorized representatives. SECTION SIX: SCOPE OF LAND DEVELOPMENT PROJECT REVIEWS. It is the intent of this Ordinance to require the EAB to serve as an appeals board for land development projects when an applicant and staff do not agree on stipulations and conditions recommended by the Project Review Services Manager. SECTION SEVEN: LIBERAL CONSTRUCTION. The provisions of this Ordinance shall be liberally constr to effectively carry out its purpose in the interest of the pub health, safety, welfare and convenience. SECTION EIGHT: REPEAL OF COLLIER COUNTY ORDINANCE NO. 87-97 AN SECTION 1. 05 OF COLLIER COUNTY ORDINANCE NO. 74-50. Collier County Ordinance No. 87-97 is hereby repealed in i -18- entirety. Section 1. 05 of Collier County Ordinance No. 74-50 i hereby repealed as of the effective date of this Ordinance. SECTION NINE: AMENDMENT OF COLLIER COUNTY ORDINANCE NO. 77-66. Section Ten (10) , Collier County Ordinance No. 77-66 is hereby amended as follows: Any person aggrieved by the decision of the County Manager regarding any section of this ordinance may file a written requ for appeal, not later than ten (10) days after said decision, w the Environmental -19- Advisory eetiue I Board. The Environmental Advisory eeinel-Boa will notify the aggrieved person and the County Manager of the date, time and place that such appeal shall be heard; such notification will be given twenty-one (21) days prior to the hearing unless all parties waive this requirement. The appeal will be heard by the Environmental Advisory eetiue.i} Board withi sixty (60) days of the submission of the appeal. Ten (10) days prior to the hearing the aggrieved person shall submit to the Environmental Advisory eexneI Board and to the County Manager copies of the data and information he intends to use in his appeal. Upon conclusion of the hearing the Environmental Advisorgoumeil Board will submit to the Board of County Commissioners-ther it facts, findings and recommendations. The Board of County Commissioners, in regular session, will make the final decision affirm, overrule or modify the decision of the County Manager i light of the recommendations of the Environmental AdvisoCpune1 Board. SECTION TEN: REIMBURSEMENT OF EXPENSES. Members of the EAB shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasona incurred in the performance of their duties upon prior approval the Board of County Commissioners. SECTION ELEVEN: REVIEW PROCESS. -20- This Board shall be reviewed for major accomplishments and whether the Board is serving the purpose for which it was creat once every four (4) years commencing with 1994, in accordance w the procedures contained in Collier County Ordinance No. 86-41. SECTION TWELVE: CONFLICT AND SEVERANCE. In the event this Ordinance conflicts with any other -21- 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 THIRTEEN: EFFECTIVE DATE. This Ordinance shall become effective upon receipt of noti from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissione of Collier County, Florida, this day of , 199 DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS JAMES C. GILES, Clerk COLLIER COUNTY, FLORIDA BY: MAX A. HASSE, JR. , Chairman Approved as to form and legal sufficiency: David C. Weigel Assistant County Attorney -22- EXHIBIT A LAKE SETBACK CURVES The "Lake Setback Curve" chart details the "clear zone" requirements for lakes lying adjacent to roadways. . These "clear zone" distances are measured from the edge of the traveled way to the edge of the lake water surface at the control elevation. This "clear zone" distance is the minimum distance that must be present between the two edges without the requirement for road side barriers. The "Lake Setback Curves" chart was derived from the procedures, figures and tables found in the Guide For Selecting, Locating, and Designing Traffic Barriers, by the American Association of State Highway and Transportation Officials, dated 1977. The "Lake Setback Curves" chart is intended as a guide for determining the minimum required lake setback without the need for traffic barriers where lakes are located adjacent to roadways. The "Chart" in no way is intended to prevent the Design Engineer from establishing independent criteria that may be more restrictive than that shown on the "Chart". Other criteria: 1. The minimum "clear zone" distance shall not be less than- forty feet. 2. The top-of-bank of any lake shall not be within the limits of any road right-of-way. 3. The South Florida Water Management District required 20 foot wide lake maintenance area shall not be within the limits of any road right-of-way. 4. "Clear zone" distances less than 100 feet will require the installation of roadside curbing conforming to Florida Department of Transportation specifications for Type "F" Barrier Curb. 5. Florida Department of Transportation approved traffic barriers shall be required opposite intersecting roads where lake setbacks are less than 100 feet as measured from the right-of-way line. In no case shall the "clear zone" distance be less than that required for the roadway parallel to the lake shoreline. 6. All slopes within the right-of-way shall be in accordance with the Subdivision Regulations but in no case shall be steeper than 12:1.