The URL can be used to link to this page

Policies/Meetings/General Correspondence - Volume 14 8-T . C :kEr_ cou VieoOnAtNTL QpLk c_X -rCc_N\c (AL PVV4 \So 111/11 icfgr E)(0---(7 7ert-S xLLofurb 7O gr. ceowN o,U P�,�te Tr 0a)t) Novc c / Ai 12 F5(DCA) 7/ fr i4 z s Corn/U/1/J7/L"S so/yr S(26-ig )9.zt LiI4A) 45 04A) L �CAUCC s, z'-5 F /ggilZ(L1 N P-CPPriec 4 C,o2/z--!) 87 e/R2)S M)YL =7 / U GuyS 76 ,e s 017`xtFV -7� ,4 Q Aj a �c- , 'NM7.. CIrL g 0-2/ /4-7)P(_-/ elf r ,CZ, 17-rb 16 7�r�P�jS / /j PLi A)7 W -i A/VP ,D,4A) C-72elY — P6 fLF cm' 1 A) /?l L /FS; 1y7 FLA L(/CC 5r� AiLso x/41 o lige 7776LM NZ Itut U 14-14( %-m1 raiu-r o WO(cN Is vay D /O 119.--Co/u5 W7777 ers6,077-oxy PAR va / /7 42€ to 10(42L ,`�/zSo� s u)///) 16/72 oti G y a /v ES w (' 0 mu ST /?-67)10 eG ( � 17/2F P �A)_s- yoevo owl S rob�4-L-roe cri c/ur b 7=fi ( i 7 /5 4167 /w C7i,1/r; P 57°4) C, -7-1(g- N66/096 e /got7) YS 7` /fir NF ,u, Ido. 5 v50 AL f2 r2( 1 )/L-L- w07` �` ! kr.rxor -14r-p /21 o F vjb t. iv Cir-=v, NA4 L l Aiu_b -TAF-b /ALL, ro ,y/p, -)(7/{. ;q vue /S ��47(7/7e cie/ s / 7 s EF/ Ye, ED 3 4 1993 tiAlliikiAL RESOURCES f...)11?A.RTMEN.T IOu 1 � iromt o e-a +:';+ a I- e. p-jF ,i'��'' ')' 1 dam'4-1 fees c r k. . i. co f' E,�a� i. ' lakii C oniinuedfrom e ` -r-� ' age ditches at about a dozen sites county- . 4' b ` ,..'� -- 1- k wide,he said. • _� ' K5 t 04 The parks and recreation budget in- , 'tom 1 .z liii�4.4.s eludes $100,000 to remove exotics at Lely , Barefoot Beach, Veterans Park on Immo , r @ i kalee Road, Tigertail Beach on Marco Is- , tC P. ,. 51CS land and from East Naples Community , Park, said Marla Ramsey, parks and rec- J 4Q Ue5 b Ai L" 0 CLO rection director. By Es;. c S RATS / -44. q g She said those projects are intended . Stam writer k' to make sure the county is following the Ridding the landscape of exotic plants is same rulesimposes on other develop- among the environmental priorities in Collier ers to remove exotics from their land. County's proposed budget for the coming fiscal "The county wants to make sure we do year. our part as well,"she said. Budget officers have proposed putting aside $468,000 in various departmental budgets to kill She said $80,000 is being budgeted to , Australian pine, Brazilian pepper and melaleuca remove exotics from a 10-acre wetland at in county parks and along drainage ditches. grant t Other plans call for hiring a new code enforce- Regional Park as required byea menu officer to check en developers and home- '' grant the county received to build the owners to be sure they are complying with exotic park. i removal rules. Killing the plant pests i The money is coming from fees the is considered good for the county charges to new construction to t • Countyhas keep up with added demands on its park environment because system,Ramsey said. they crowd out native veg- proposed to etation, spread rapidly spend $200,000 The natural resources department budget includes $8,000 to cut down exot- and use more water than native plants. just to clear ics at Clam Pass Park. • spent on exotics control Money proposed to be Australian pine ranks in dollars almost as from canals — 7-:I high as the entire budget the Bay ''c'' of $533,000 proposed for Drive area ;mid In the county's natural re- 1 Gate, sources department. County commissioners among other are set to adopt their bud- places. get for 1998-99 in Septem- ber after a series of public hearings and budget workshops that start Monday. Collier Audubon Society President Brad Corn- ell commended the 'count for takin: on - e • control —(5 su ject that members of the county's Env°ronm ntal Policy Technical Advisory Board ad t tIon last year. s something an important component to maintaining our natural resources down here,"Cornell said. The largest chunk of money for exotics control is in the county's stormwater management depart- ment budget, where $200,000 is proposed to clear Australian area and it Golden Gate,among other poDrive laces The trees have a shallow root system, making them vulnerable to being blown over in storms and clogging drainage culverts or falling on near- ' by homes, said Stormwater Management Director John Boldt. "It's not if, it's when we have a major storm these trees are a real hazard,"Boldt said. Another $20,000 is budgeted in the county's stormwater management budget for an ongoing program to remove Brazilian pepper from drain NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: Clerk to the Board/Minutes & Records FROM: Georgina Mausen, Senior Secretary Natural Resources Department DATE: June 12, 1998 RE: Environmental Policy Technical Advisory Board (EPTAB) Recorded Meeting Minutes I am submitting the following cassette tapes to be filed by your office: 1. One (1)from the 5/27/98 Growth Management Planning Subcommittee meeting. 2. One (1) from the 5/27/98 Resource Protection Subcommittee meeting. 3. Two (2) from the 6/8/98 EPTAB meeting. 4. Two (2) from the 6/11/98 Growth Management Planning Subcommittee meeting. If you have any questions, please call me at 732-2505. gmm cc: EPTAB File ENVIROMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: June 8, 1998 PLACE: Collier County Government Complex Health and Community Services Building 2nd Floor, Room 216 TIME: 4:00 p.m. I. CALL MEETING TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES -May 11, 1998 IV. ANNOUNCEMENTS V. OLD BUSINESS a. Program Presentation- Pollution Control (continued to July 13) b. Invitation of Commissioner Hancock VI. STANDING COMMITTEES A. COMMITTEE REPORTS (1) Steering Committee - Vacant (2) Resource Committee - Mike Simonik (3) Growth Management- Mike Delate B. SPECIAL PROJECT COMMITTEE REPORTS (1) NRD Budget - Vacant VII. NEW BUSINESS a. Air Quality Monitoring Program in Collier County b. Appointment of Chairpersons for Steering Committee and Budget Subcommittee c. Proposal Regarding Density Reduction, Transfer of Development Rights, and Clustering Criteria d. EPTAB/EAB Consolidation ( 'U�..� 4t, 24s- Cep*" s EPTAB Agenda(Cont.) June 8, 1998 Page 2 VIII. PUBLIC COMMENT IX. ADJOURNMENT ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD SIGN IN SHEET June 8, 1998 EPTAB MEMBERS Ty Agoston _ Allen Kratz V Steven Bigelow V Maureen McCarthy Bradley Cornell Monty Robinson Mike Delate Michael Simonik _oittLaR0 Brenda C. Fogel Staff Members Name Department l L[ (�/L6-a+1 , /bort,PA L.- �J£c /-1 05;reee • ,1tJ c_ C�R 3 Ativ R.11-,SOL)rcc.S Public Name Minutes (yes/no) Address Phone No. .SJ � ieS )450 M.eriIhue. Da . 4103— 4)-11 Y1/0.thT / (1/6 '' (10686 DRAFT: 6/08/98 APPROVED: 8/10/98 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD JUNE 8, 1998 MINUTES PRESENT: Steven Bigelow Brenda Fogel Maureen McCarthy Brad Cornell Allen Kratz Monty Robinson Mike Delate EXCUSED ABSENCE: Ty Agoston Mike Simonik STAFF: Tim Hancock(BCC) Bill Lorenz (NRD) Georgina Mausen (NRD) Mac Hatcher (NRD) Gail Gibson (PCD) Bernie Sullivan (PCD) PUBLIC: Lisa Shrake Nicole Ryan Eric Staats (NDN) (Conservancy) (Conservancy) Barbara Kerby (BCB) I. Meeting called to order. II. Roll call. III. Approval of meeting minutes - May 11, 1998: Approved 7:0. IV. ANNOUNCEMENTS Bill Lorenz announced that a Growth Management Planning Subcommittee meeting has been scheduled for June 11, 1998 at 4:00 p.m. in Conference Room C. A Natural Resources Subcommittee meeting was also scheduled and is set for June 22, 1998 at 4:00 in Conference Room C. Brenda Fogel reported that Mike Simonik will be presenting the 4-year review of EPTAB to the BCC on June 23, 1998. The time of the presentation is not known at this time. V. OLD BUSINESS a. Program Presentation - Pollution Control: Continued to July 13, 1998. EPTAB Minutes Cont. 6/8/98 Page 2 b. Invitation of Commissioner Hancock- Commissioner Hancock gave an overview of the relationship between the BCC and EPTAB. He made a suggestion of a 90 minute workshop with the BCC twice a year to present a list of topics EPTAB is working on, a list of topics EPTAB believes should be worked on and have all Commissioners come up with their own lists. He asked that after he left the meeting, EPTAB discuss what direction it wants to take and forward the decision to his office, through Bill Lorenz, as soon as possible. Once this is done, Commissioner Hancock can put it on the next BCC agenda and will advocate it. (It was later noted that staff will place EPTAB's report on the June 23, 1998 BCC agenda where this can be discussed further). Commissioner Hancock also noted that EPTAB should evaluate the boundaries of the CREW, Camp Keais and Okaloacoochee Slough as they are related to the density reduction study. The Commissioner also suggested that staff review its organizational relationship with EPTAB. VI. STANDING COMMITTEES A. COMMITTEE REPORTS (1) Steering Committee - Vacant: No meeting took place. There was no Steering Committee meeting scheduled. (2) Resource Protection - Mike Simonik: Brad Cornell reported that the main issue to be discussed is the Water Conservation Plan. The committee recognizes that this is an issue that needs to be moved along more quickly. The next Resource Protection meeting is scheduled for June 22, 1998 at 4:00 p.m. in Room C on the 3rd floor of the Health building. (3) Growth Management -Mike Delate: Discussed the Future Land Use Map. Also discussed a few of the items that were in the agenda package and decided not to comment to the BCC on the issue of clearing of agricultural areas in light of Commissioner Hancock's presentation today. EPTAB Minutes (Cont.) 6/8/98 Page 3 The next Growth Management meeting is scheduled for June 11, 1998 at 4:00 p.m. in Room C on the 3rd floor of the Health building. B. SPECIAL PROJECTS COMMITTEE REPORTS (1) NRD Budget - Vacant: Brad Cornell presented a five page draft of Natural Resources-related budget recommendations for FY99. Mike Delate made a motion that EPTAB hold a meeting after the Growth Management Subcommittee meeting on June 11th. Motion failed 4:3. [Note: EPTAB's ordinance requires that a motion must have 6 votes for passage] There was no NRD Budget meeting scheduled. VII. NEW BUSINESS a. Air Quality Monitoring Program in Collier County -EPTAB members received a copy of a news article from Allen Kratz on air quality that he requested be added to the 6/8/98 agenda. Bernie Sullivan, from the Pollution Control Department, was present to discuss this issue with EPTAB. Allen asked if the committee would want to support efforts to create an air quality monitoring program in our County. Steve Bigelow suggested holding off on any decisions until after the June 23rd EPTAB review. Mike Delate suggested including this item in the list of possible projects for EPTAB to work on that will be presented to the BCC. b. Appointment of Chairpersons for Steering Committee and Budget Subcommittee - Continued to the next EPTAB meeting on 7/13/98. c. Proposal Regarding Density Reduction, Transfer of Development Rights, and Clustering Criteria- Barbara Cacchione provided handouts and gave an overview on these subjects, allowing time for questions & discussion. EPTAB Minutes (Cont.) 6/8/98 Page 4 d. EPTAB/EAB Consolidation - Steve Bigelow made a motion that EPTAB reject staff's recommendation to dissolve EPTAB, and that EPTAB vote in favor of keeping EPTAB in existence and that EPTAB accept the recommendation of Commissioner Hancock to meet with the BCC in twice a year workshops and to work on those topics that are assigned to us by the BCC. Maureen McCarthy will send a letter to Commissioner Hancock informing him that EPTAB is in agreement with his suggestion of meeting with the BCC twice a year. Motion passed 7:0. VIII. PUBLIC COMMENT IX. ADJOURNMENT- Meeting ended at 6:18 p.m. The next EPTAB meeting is scheduled for 7/13/98 at 4:00 p.m. SUMMARY OF ACTION EPTAB MEETING 6/8/98 MOTIONS (1) Mike Delate made a motion that EPTAB hold a meeting FAILED 4:3 after the Growth Management Subcommittee meeting on June 11tH (2) Steve Bigelow made a motion that EPTAB reject staff's PASSED 7:0 recommendation to dissolve EPTAB, and that EPTAB vote in favor of keeping EPTAB in existence and that EPTAB accept the recommendation of Commissioner Hancock to meet with the BCC in twice a year workshops and to work on those topics that are assigned to us by the BCC. Maureen McCarthy will send a letter to Commissioner Hancock informing him that EPTAB is in agreement with his suggestion of meeting with the BCC twice a year. ACTION ITEMS (1) Maureen McCarthy will send a letter to Commissioner Hancock telling him that EPTAB is in agreement with his suggestion of meeting with the BCC twice a year. SCHEDULED MEETINGS (1) EPTAB - July 13, 1998 at 4:00 p.m., Room 216 (2) Steering Committee -No meeting scheduled (3) Resource Protection Committee - June 11, 1998 at 4:00 p.m., Room C (4) Growth Management- June 22, 1998 at 4:00 p.m., Room C (5) NRD Budget - No meeting scheduled 05/27/1998 10:11 9416497689 A M KRATZ PHARM D PAGE 01 FAX [Date OS + 2.6. + 98 INumber of pages Including cover sheet 02 TO: FROM: Allen M. Kratz, PhannD HVS Laboratories, Inc. Geo enc. . . . 3427 Exchange Avenue Naples, FL 34104-3751 EPTAB Phone Phone 800 . 521 . 7722 Fax Phone 774+9222 Fax Phone 941 . 649 . 7689 F-mail hvsinfo • hvslabs.com CC: REMARKS: ❑ Urgent ja For your review ❑ Reply ASAP ❑ Please Comment Georgena. . . . please ask Bill how I can have an agenda item added for our nest EPTAB meeting. My request concerns the enclosed news item. I would like EPTAB to consider supporting the need for an air quality monitoring program in our county. RSVP 649+7697 Wellness, .+•' 05/27/1998 10:11 9416497689 A M KRATZ PHARM D PAGE 02 PEP • • . . C . ,,, ..t ,i . ..• erillit: • , .. .. f ' • pollutton •EtH .:."....' •• .,•,...,. • .. so , . i:. ,. ,.... ..r. . , ;r Ey ERIC$TAAtg —"— i- Staff Writer E.A.stlygnnnt,high f Some Collier Country residents VAN ,�k�lilitern Euvi- rAtilr'.A. might berT , • T...n. .-........ ,.r g breathing easier today. �QIN.IA1�11 �i � ;.. L.. .._...�..,,..�.. ,....+ exeggerat 4. The state Department of r • ronmental Protection lifted an iM '`` • at air pollution advisory Thursday hu h ,. itg for 10 Florida counties, includ- the onl1 c editions. ,, n- ing Collier County, which has no — — -- ai8 r�> id ozone monitoring stations. Mobley said two schools — 1. Lee County remains under an �- >• ;�„.--;,;r••• advisory at lt through today, Highlands Elementary in Immo- -2000 budget year. said Poi- 3- y kalee and Avalon Elementary in =ion Control Director George h saidEP spokeswoman Elsa East Naples-�had gyre class in- Imes. ,Bishop. doors Thursday' • he state DEP has ozone mon • - DEP monitors issued a state- Collier County was included wide advisoryTuesdayafter In the advisoryalong4�i Ing stations In Lee County in testing stationacross loridawith the ,enpe Coral and Fort Myers rest ,h the state aitb,ough the recorded unusually high levels state does not have' an ozone Heath,Gulliver said. • of ozone in the air, which can monitpring site in Collier. ,The Cape Coral station re- make breathing difficult for peo- > •ti' plc with respiratory or heart The sole air monitoring ai & "•'''' ded.ozone levels at 117 parts north of the Collier Co •- billion conditions. u (ppb) Wednesday Ozone is the primary ingred' eminent Center, tests• only for noon,3.ppb short of the 120 er�t in smog and is a by-product particles in the air,said Sherrill �'•;• standard for a one-hour pe- of burning coal, oil and gas. A Gulliver, an environmental man- mid,Gulliver said. • . stagnant high pressure weather ager in the state DEP's air re .--"That's pretty high for us," he ' system with low winds,high tern- source management section in aid."That's real high for us." peratures and low humidity has Fort Myers. , exaggerated the ozone condi- Gulliver said Environmental mane levels usually hover - tions, Protection Agency rules require • und 50 or 60 ppb,he said. The advisory prompted Col- counties with popalgtl_tIpa above '^'"fi 200,000• e Cape Coral station re- Her County Public Schools toto have.., aril horded an ozone level of 99 ppb i • send e-mail to all its principals stations, and thh it eking Myers Cape Boral and o ppb In Fort principals Thurs- far a(",oilier si>Ha;,:�, Beach late Thursday { and assistant day telling them to use their "We're,,coming tip '. to speed ernoon,according to the DEP. i own judgment in scheduling out- with one, he said. door activities such as gym class Collier County does not have :73iesides Collier,the state DEP or recess, especially for dill- any a:ir monitoring program but Tempted Broward, Dade,Glad- dren with breathing or heart is looking at whether to develop • Hendry, Martin; Monroe, trouble, said Eli Mobley, direr- such a program in time for theIEilechobee,Palm Beth and St. tor of risk management for Col- X..ieie counties -trom the advi- ; ,, liar County schools. See AIR,Page 30 Itify. •_ . t EXECUTIVE SUMMARY COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION REPORT REGARDING DENSITY REDUCTION, TRANSFER OF DEVELOPMENT RIGHTS, AND CLUSTERING CRITERIA. OBJECTIVE: To provide information on the density reductions in both the Urban and Rural areas, transfer of development rights in the Immokalee Urban Area and within a one mile band, and clustering criteria outside of the Urban boundary. CONSIDERATIONS: The Board of County Commissioners at their meeting on April 14th directed staff to evaluate the following: URBAN • Reduce density in the Urban Area from 4 units to 3 units per acre and 4 units to 2 units per acre for parcels that exceed 100 and 200 acres, respectively. • Reduce the density band bonus from 3 to 2 units per acre. • Reduce maximum density countywide from 16 to 12 units per acre. • Promote Traditional Neighborhood Design (TND) criteria by allowing projects that rezone under those guidelines to retain the maximum of 4 units per acre. • Provide criteria and a framework for lowering densities through the "sunset" (time limit) provision of the Land Development Code. RURAL • Reduce density in the Agricultural/Rural Area (east of Golden Gate Estates) from one unit per 5 acres to one unit per 20 acres. Exclude properties within 1 mile of a public roadway (including CR 858, 846, SR 29, 82) and keep the current density of 1 unit per 5 acres on this property. • Reduce density in the Agricultural/Rural Area (east of Golden Gate Estates) from one unit per 5 acres to one unit per 20 acres and create a Transfer of Development Rights receiving zone which includes the Immokalee Urban Area and a one mile band surrounding the Immokalee Urban Area. • Support clustering criteria in the Agricultural/Rural Area. OTHER ASSUMPTIONS • No change in density to the Urban Residential Fringe Area; • Agricultural/Rural land between the Urban boundary and west of the Estates shall remain at one unit per 5 acres; and • The economic impact will be analyzed when final determinations are made with regard to the proposed amendments to reduce density. Density Reductions Urban Designation • Amend the Density Rating System to a maximum cap of 3 units per acre from the current 4 units per acre for properties exceeding 100 acres and 200 acres in size. For properties that are larger than 100 acres in size, the result is 3,865 acres reduced one unit per acre for a total of 3,865 units. For properties larger than 200 acres in size, the result is 2,048 acres reduced by one unit per acre for a total of 2,048 units. • Reduce the density band from 3 units per acre to 2. If the density band were applied to vacant agricultural properties it would result in 3,649 acres at 3 dwelling units per acre for a total of 10,947 dwelling units reduced to 2 dwelling units per acre for a total of 7,298 dwelling units. A net reduction of 3,649 dwelling units. • Reduce the maximum density for properties within an Activity Center from 16 units per acre to 12 units per acre. There are 375 acres of agriculturally zoned property if developed at 16 units per acre would result in 6,000 dwelling units, at 12 units per acre 4,500 dwelling units, a net reduction of 1,500 dwelling units. Note: For modeling purposes, staff did not allocate any density increase for the density band and made the assumption that all of the agricultural properties remaining in the Activity Center would be zoned for commercial uses. Therefore, the reductions that have been included in the model result in no density increase for properties located in the density band and no residential density at the Activity Centers. Potential Result: Density reduction from 4 to 3 units per acre for properties over 100 acres result in 3,865 dwelling units; and if properties over 200 acres were considered, the result is a reduction of 2,048 units. These net reductions would double if the decrease was from 4 to 2 units per acre to 7,730 units and 4,096 units. Agricultural/Rural Designation • Reduce density in the Agricultural/ Rural Designation Sending Area from one unit per five acres to 1 unit per 20 acres (118,301 acres). • Exclude parcels within one mile of the following major roadways: CR 858, 846, SR 82 and 29 (67,400 acres), (See the attached Future Land Use Map 1). • Residential density in the Rural Area is 1 unit per 20 acres, which shall be clustered on one acre lots with private well and septic systems. • Primary use of the sending area is agricultural. Potential Result: The reduction of density in the Agricultural Rural sending area excluding parcels within 1 mile of a major roadway would result in 118,301 acres from the current density of 23,660 units to 5,915 a reduction of 17,745 units. Transfer of Development Rights (TDR) Density reductions in the Agricultural/Rural Area could be combined with a transfer of density from a designated sending area to a designated receiving area (see Future Land Use Map 2 attached). • Reduce density in Rural/Agricultural (Sending Area) from 1 unit per 5 acres to 1 unit per 20 acres, allow for a density transfer at a rate (to be determined) to land designated as the receiving areas. • Receiving areas are designated on the attached map and include: the Immokalee Urban Area, 14,415 acres (Option 1) and/or a one mile band surrounding the Immokalee Urban Area, 20,400 acres (Option 2). • In order to go above that density, up to a specified cap, a TDR would have to be purchased from the sending area. • Potential Result: The reduction of density within the Agricultural Rural Sending Area would result in 165, 301 acres from the current density of 33,060 units to 8,265 a net reduction of 24,795. NOTE: There are Agricultural/Rural Areas outside of the Sending Area (outlined in black on Future Land Use Map attached) approximately 182,006 acres, and 584,904 acres designated as Conservation (within Area of Critical State Concern). These areas should be considered for a reduction in density from one unit to five acres to one unit per 20 acres. Clustering Criteria Agricultural/ Rural Sending Area (east of Golden Gate Estates) Property greater than 100 acres in size shall be required to cluster residential units subject to the following criteria: • The maximum density shall be one unit per 20 acres. • Open space shall be maintained at a minimum of 70% of the total project land area. These open space areas shall be retained for agricultural uses, environmental preservation or passive recreation areas. • A minimum of 50% of the gross acreage of the project must contain natural areas. • Well and Septic systems shall be required. Agricultural/ Rural Area (west of Golden Gate Estates) • Clustering of residential units is required in the receiving area for any project above 100 acres in size. • The maximum density is one unit per five acres. • Central water and sewer utility service is permitted in order to serve the clustered residential development. If the Collier County public water and sewer utility system becomes available in this area in the future, the residential development shall be required to hook up to and become part of the County utility system. • A minimum of 70% of the gross project acreage shall be maintained as open space to include such uses as environmentally sensitive area, golf courses, active and passive recreation areas. • A minimum of 50% of the gross project acreage must consist of natural areas. These natural areas shall be protected by a permanent conservation easement prohibiting further development. • Open space, including natural areas, shall be connected within the boundaries of the project as well as surrounding areas to the maximum extent possible. • A minimum vegetated buffer area of 200 feet shall be provided for all structures in the residential cluster area from the nearest external roadway on the boundary of the total project. AMENDMENTS TO THE LAND DEVELOPMENT CODE Amendments to the Land Development Code regarding time limits for rezones and Planned Unit Developments within 5 years from the date of adoption will be required to add criteria to review properties in an effort to reduce the density. The following criteria should be considered after the Comprehensive Plan has been amended to reduce the maximum density provided under the Density Rating System. • The density shall be consistent with the Density Rating System of the Comprehensive Plan and shall not be permitted to go above the maximum cap, excluding those policies which may include a provision for a higher density. The only exception to the consistent density will be in those cases where the consistent density is determined by substantial competent evidence to be incompatible with surrounding land uses in existence at the time of the review. It is important that the initial test be consistency with the density rating system, then the issue of compatibility with surrounding land uses. There are many densities that may be determined to be compatible, but if the consistent density is compatible, that is the appropriate density; and • The reduction of traffic impacts and other infrastructure impacts. • Criteria that could allow a project to keep their current density without further reduction would require a rezoning to include the components of a Traditional Neighborhood Design Concept. These concepts would provide interconnections that are viable to surrounding properties and not a limited access community and may provide convenience commercial to reduce shopping trips. AMENDMENTS TO THE GROWTH MANAGEMENT PLAN If the Board of County Commissioners decides to amend the Density Rating System to lower the maximum cap, there are certain provisions that should be addressed which can increase density and one provision that decreases density. • Conversion of commercial zoning - bonus up to 16 dwelling units per acre; • Affordable housing - bonus up to 8 dwelling units per acre; • Residential infill (less than 10 acres in size) - bonus up to 3 dwelling units per acre; • Roadway access - access to 2 or more arterials, bonus of up to 1 dwelling unit per acre; • TDR's - permitted to go above the maximum permitted density of the density rating system; and • Density reduction of one unit per acre in the traffic congestion area GROWTH MANAGEMENT IMPACT: To implement these changes amendments will be required to the Future Land Use Element and the Potable Water and Sanitary Sewer Sub-elements of the Comprehensive Plan to provide for density reductions and transfer of development rights, as well as central water and sewer in certain defined areas. FISCAL IMPACT: An analysis will be performed to determine the impact of the changes regarding density and transfer of development rights on the tax base and the revenue from impact fees. Further, an analysis of the legal impacts of this proposal will be performed. Funds are available in the 111 Cost Center. If staff uses consultants for this exercise and costs of this work exceeds $15,000, staff will return to the Board for further discussion. RECOMMENDATION: That the Board of County Commissioners discuss with staff potential amendments to the Future Land Use Element, Potable Water and Sewer Sub- elements of the Comprehensive Plan and the Land Development Code. PREPARED BY: DATE: ti Barbara A. Cacchione, AICP, Manager 1'" �vr Comprehensive Planning Sectionbtr APRROVED BY: DATE: C71 th Robert J. Mulhere, AICP, Director S Planning Services Department J p` APPROVED BY: DATE: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Division TABLE 1 DENSITY REDUCTIONS URBAN AREA Net Reduction in Dwelling Units Acreage 4 to 3 du per ac 4 to 2 du per ac Over 100 acres 3,865 3,865 7,730 Over 200 acres 2,048 2,048 4,096 Density Band 3 to 2 3,649 Activity Center 16 to 12 1,500 AGRICULTURAL/RURAL AREA Acres 1 unit/5 ac 1 unit/20 ac Net Reduction Sending Area 118,301 23,660 5,915 17,745 ROW - I mile band 67,400 13,480 TRANSFER OF DEVELOPMENT RIGHTS Option 1 Reduce density in sending area from one unit per five acres to one unit per 20 acres, and transfer that density to Immokalee Urban Area. Agricultural/Rural Area Acres 1 unit/5 ac 1 unit/20ac Net Reduction Sending Area 185,701 37,140 9,285 27,855 Option 2 Reduce density in the sending area from one unit per five acres to one unit per 20 acres, and transfer that density to one mile band around Immokalee Urban Area. If the density remained at one unit per 5 acres within the one mile band with the purchase of TDR's, the net reduction of density would be 20,715 units. Acres 1 unit/5ac 1 unit/20ac Net Reduction Sending Area 165,301 33,060 8,265 24,795 Receiving Area 20,400 4,080 Table 2 DENSITY REDUCTIONS COMPARISON Recommendation BCC Modification to to BCC on 4/14/98 Recommendation URBAN AREA 4to3 4to2 Dwelling units per ac Reduce 4 to 2 23,608 Properties >100 ac 3,865 7,730 du per ac Properties >200 ac 2,048 4,096 No density for density band Increase in dwelling units 3,649 Activity Center-commercial uses only Activity Center 16 to 12 1,500 Urban Res. Fringe 5,879 No change in density to Urban Res. Fringe RURAL AREA 1/5 to 1/20 28,395 1/5 to 1/20 (exclude ROW) 17,745 units/ac 1/5 to 1/20 (TDR to Immokalee Urban Area) 27,855 (If TDR's are utilized, the 1/5 to 1/20 overall density reduction will be (TDR to one mile band) 20,715 lower). T 48 8 I T 47 S I S I T 49 S IT 50 S ( \S I T 52 8 I T 53 S AiNl00 ONt/M0?J8 ALNf10� 30V0 Li W m i i m 2 ig i W LL s o ' s 5 b e 1 gi 1 � � 9 n W W = Lzgy ai . 0' 6 .!swag x i /gyy pa§ 61 it g t ii o r 'grl '°0112M QQ ,,' wc1 IW y € � z _ co = E b m ¢ s F Z € 6 b 8n sy G a $ z wa§� ~LL i t g gpgog $g5 $ aeamm g$ } Ow i W.— cc co cc � W W t 9 cc W Zca i s y.� e''5 F CS '---/::;//. O! U 4 � u ' W MI Z N Q K i--rt' 0 � N 4G at t, Z 4 7 IF i gs W }E * yb� R W 02 ra „...:::,,,,,,,,,L,,,,1 .„,41 4 ,,,,,,',T,1`4,:,'7,f',''''-,i ';',,,74:1444,4:e.:,-'*:',:if''''. '' #'t,t.''„1'.,_ r‘;',24;le''':*'-‘,-,A:':,:.•;,,,it a 10,,,,,,,,Li _ 1 1 -_,, , ,ike--, :i--,,,p,.%ifi,ith,`,,,,..,,,r. C. �� v N a ' qPiirf,f K Ur i N lir ;',d�P t I al -C, (IL :-.-.I.,,,..,*:_'ait,-.,, w : \� \ \SAO' " i ��_,_\\ va rc 40 CD iliF !i:'''' ''''.;''f s-----e.__ll'_,Jib_-ijk ,....,/, ,_, .. 7 / , #4. ,. ,t_.) . . .4iiiy„: ,:,,,,imiir,10,4, :, _,_ :p.,,,,,:„4,001..... ,i_ -t,.r ,..N; . 4., ,_ / ........., .. , 1 ,........11- ! _ Aloratt} 7 A -+-4 J a� foor-i_ I, a as - Z MA ` a atim cc wO ,ws ticN Mex,fi- 31 y- aAZ g €0fiR G f ff 1 1 0 e2 8 ah S 94 1 S LP 1 S S6 1 S Gtr 1 ( S 05 1 I S ti 1 S Z9 1 I SES 1 T 48 8 I T 47 S S j T 49 S T 50 S S 1 T 52 S I T 53 S AIN1100 02JVM02i8 A1N 00 30V0 V . a �� § €g , a 9 a 0 v r ° .1 �j qu S $ g 3 $3 C z 13A i S � s N H W 1°-) DEI 0❑ G401 I o g — CA :0! g p 33 W m O e EN:; ! 6 W 2 o W g Qn 1 i P§I R ac's ¢` w v ;s1l 5 a I ¢ aE. ' a 3 oogguo.1 < 1 2333 a F „ nag , a LU ° ❑ 1❑■ 81 ,za2yii E W kg 9l N W M ° Ev,§:nig _ `-' ` a �7F� z 7 11 ,1 idAll z b 1 i 8 1 21 Eg Et W 'S!❑®a � _ aim Egai ' axxI€ Cha. 28_.2. .. .. LU M ¢ o 2 ten, / W W ¢ -_ wasw a 6 y I ;2 k rill-i d0 • W z - Z OJ ' W Q '..e _ aq 3j C7 co U t`', s m N za N 1 O Z Y 1 g � a � 8 ,, . m - 'naalr,�� .gi ret � ' Lo 1 '',„ b 1 I ■ V ssR i 4f r $ ,,,, ,-,,.','-'1e,-,1,0,L4 ' A , / .9, 541 5 zi CC 41 - ''a (') '-' 161111*-4141Pfr : f 4 0''''*1-. "' 11 :11:11- : ..„7.', ...:1-„:„..,.,ii- ..&.:47-1:./46.4/"'-.); 4 IMM ' A /, ' OPme , ¢ �i —. Ca --mac § 1 s e i _ p ,--4 .1-�W Gut f o o 0 e in I 5941 1 SLtl Set1 1 SSt1 I 5091 I S 19 1 I 9 Z9 1 I SE91 I 06/08/98 08:14 FAX 9416436968 COLLIER CO COMMUNITY DEV 0 003 foi at least ten years. For the purpose of this section. the term bona fide ag-icultural uses shall include the followin:: cro. raisin_ d.' farmin:' horticulture; fruit and nut production; forestry; groves; nurseries raaiching; poultry and egg production; livestock raising, and agriculture fo:• native species subject to State of Florida Game and Fresh Water fish Commission permits. •. - -- - - - _ =- -•. =--- - - - -- . For any such conversions in less than ten years, the converted land will be re;ftored with native vegetation to the degree required by this code at the tir ae the clearing occurred. The Community Development & Environmental Services Administrator or his/her designee may grant itten exemptions to the above preservation requirements. on as riculturallv zoned property. for essential public services (as provided for in Section 2.6.9) and cemeteries, where it can be demonstrated that it is in th best interest of the general public to allow a reduction in all or part fr)m the requirements for preservation of existing native vegetation_ 3.9.5.5.5.LDC AMENDMEI TT/BSB/md/H:MARIE'S LDC 06/08/98 08:14 FAX 9416436968 COLLIER CO COMMUNITY DEV— 0 002 ORIGIN: Community D.velopment&Environmental Services AUTHOR: Barbara S.B argeson,ES II and Robert 3.1VZulhere AICP,Planning Services Director DEPARTMENT: Plaun rig Services LDC PAGE: 3:132 • LDC SECTION: 3.9.5.:.5 CHANGE: Language c hanged in Section 3.9.5.5.5 to allow for Administrative exemptions to the preservation requirements in 3.9.5.5. REASON: To give exemptions to specifically identified property owners, so that they do not have to protect any required percentage of existing native vegetation. This is done in cases of extreme hardship such a. the Naples Memorial Gardens Cemetery which is the only cemetery in Naples and needs to exp2 nd to the maximum extent possible,to service the residents. ENVIRONMENTAL ADVISORY BOARD (EAB) RECOlYIlYiENDATION: The EAB at it's regularly scheduled meeting on May 6, 1998, reviewed the proposed language change to Section 3.9.5.5.5. The Board made a motion not to support Staffs proposed language change and that any requested e::emptions to the preservation requirements of 3.9.5.5 should be brought in front of the Board of County Commissioners as a variance, on a case by case basis. The EAB discussed the amendment again at it's June 3, 1998 meeting. They amended their motion to make it a two part me tion. In the first part they supported the clarification of bona fide agricultural uses. In the second part of the motion they did not support the proposed language change that gave administrative power to waive preservation requirements. They felt that (as their May meeting mot on stated) any requested exemptions to the preservation requirements should be brought to th BCC as a variance, on a case by case basis, which would allow the public to give their input. COLLIER COUNTY 'PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC concluded that th amendment as proposed was acceptable following remarks by Mr.Paul Hinchcliff of the EAB ii l opposition to the proposed amendment. FISCAL &OPERATIONAL IMPACTS: None. RELATED CODES 0 Et REGULATIONS: None. 3.9.5.5.5. L ona fide Aagricultureal uses shall be exempt from the above p-eservation requirements provided that any new clearing of land for such a ricultureal uses shall not be converted to nonagricultural development 40:07_ 01-0:N iii.T.Lt'll 1T;:tc—•VZ.@-i'..d_Kri.??..41,c-a. APPRO-RIATE'HEADING (CIRCLE'ONE): (4) Approval of minutes, (5) Proclamations 8< ai h-' ons, (6) Clerk, (7) Pub! i bPetitions; (8A) Community Development & Environmental Services, (8B) Public Works, (8C) Pu•lic Services, (8D) Support ''' Services, (8E) County Manager, (9)Attorney, (10) BCC, (11) Other Constitutional Officers, (12) Public Hearings;;43A) BZA Public Hearin+s., 3B C. ditional Use, (14) BCC Communicatio S. 5 Staff:Co munications, 1.6 .Cone A ends R -K Requested By A D. Lorenz, 7r., P.E. Date 3;° a 1 .4° ir. 'I'�llAT 6P-Ir. Division Head Vincent A. Cautero, AICP Date 6/10/98 .< Manager` Robert F Fernani =."f t Item Title FOUR YEAR REVIEW OF THE ENVIRONMENTAL' POI. CY TECHNIC' IVISORY :OARD `(EPTAB 'PH - "�� .-' STAFF RECOMMENDATION TO CONSOLIDATE EPTAB WITH THE ENVIRONMENT" ,-- IVISORY BOARD (EAB) . ifiii a .' : v_ € ,. - �' List of Documents Attached i1. Execuve Summary (required) 3. NRD Report, MAy 1998 .. ..r. .....: .- 2. EPTAB - Spring 1998 Report 4. '- 8/95-S13 5. EXECUTIVE SUMMARY FOUR YEAR REVIEW OF THE ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD (EPTAB) WITH STAFF RECOMMENDATION TO CONSOLIDATE EPTAB WITH THE ENVIRONMENTAL ADVISORY BOARD (EAB) OBJECTIVE: To conduct the scheduled 4-year review of the Environmental Policy Technical Advisory Board (EPTAB). CONSIDERATION: Ordinance 86-41 as amended by Ordinance 92-44 requires that Advisory Boards be reviewed by the BCC every four years. EPTAB is scheduled to be reviewed in 1998. The Ordinance specifies that the Advisory Board chairperson make an oral presentation based upon a written report submitted to the County Administrator. The report shall address the following: 1. Whether the Board is serving. the purpose for which it was created; 2. Whether the Board is adequately serving current community needs; 3. A list of the Board's major accomplishments for the preceding twelve month period: 4. Whether there is any other Board or agency, either public or private, which is serving or would better serve the purpose for which the Board was created; 5. Whether the ordinance creating the Board should be amended to allow the Board to more adequately serve the purpose for which it was created; 6. Whether the Board's membership requirements should be modified; 7. The cost, both direct and indirect, of maintaining the Board. Ordinance 86-41 as amended also allows for the County Administrator to provide the BCC with recommendations and comments along with the Advisory Board's written report. At the conclusion of the oral presentation by the Advisory Board's chairperson, the BCC may request the formation of a subcommittee consisting of 3 members of the BCC to determine whether the board shall continue in its present form. At the conclusion of the review process, the BCC shall determine whether to abolish, continue, consolidate or modify the Advisory Board for the next 4 years. EPTAB's written report is attached to this executive summary. In 1997, staff evaluated the current process of formulating environmental policy using the County's three advisory boards (Development Services Advisory Committee,DSAC; Environmental Advisory Board, EAB; and EPTAB). Staff concluded that the functions of EAB and EPTAB should be consolidated into one advisory board. (The updated report is also attached to this executive summary). This evaluation was presented to these three advisory boards in the spring of 1997. DSAC and EAB concurred with the consolidation recommendation; EPTAB voted to oppose any consolidation. n Executive Summary (Cont.) EPTAB Page 2 FISCAL IMPACT: Annual costs for administering EPTAB are approximately $6,000 which includes support staff time (salaries and benefits) copying and mailing costs. GROWTH MANAGEMENT IMPACT: EPTAB functions as the technical advisory committee that advises the County regarding the development and implementation of the County's environmental program as required in Policy 1.1.2 of the Conservation and Coastal Management Element. RECOMMENDATION: That the BCC conduct the 4-year review of EPTAB as required in Ordinance 86-41 as amended and direct staff to draft an ordinance to consolidate the functions of the EAB and EPTAB into a single environmental advisory board. 7 C) // SUBMITTED BY: .� ren-%r'�""- - Date: G `-tc --y ' iam D. Lorenzjr.,P.E., Director Natural Resources Department APPROVED BY: Date: Vincent A. Cautero, AICP, Administrator Community Development &Environmental Services ENVIRONMEN TAL POLICY TECI-LVICAL ADVISOk r BOARD Second Quadrennial Review-- Spring, 1998 In compliance with Collier County regulations requiring a quadrennial Board of County Commissioners (BCC) review of the Environmental Policy Technical Advisory Board (EPTAB) in 1998, the following report is submitted by EPTAB chair, Bradley Cornell. SERVLNG INTENDED PURPOSE AND COMMUNITY NEEDS EPTAB was created under the authority of the BCC to "...advise on the preservation, conservation, protection, management and beneficial use of the physical and biological natural resources.. of the county in regard to the safety, health and general well-being of the public..." and to "...advise and assist the county staff and board toward developing the purpose, intent and criteria of all county ordinances, policies, programs and other initiatives dealing with natural resources." Please refer to the full text of the enabling ordinance (91-26)for more siecifrc delineation of duties. EPTAB also fulfills the requirements of the Growth Management Plan to have an environmental technical advisory committee (Conservation and Coastal Management. Element, Policy 1.1.1). By all standards of evaluation, this board is serving its very vital roles both in the technical and policy matters on which it advises the BCC, and also as a public forum for any indicis or groups in our community who have natural resource-based concerns to address. Collier County is one of the most unique areas, environmentally, in the world. It is a very large portion of the western Everglades, with the awe-inspiring array of flora and fauna and wonderfully unique habitats that are associated. It also is characterized and dominated by its broad and diverse wetland systems and flowways over practically the entire county. These systems are in relative functional order now, by comparison with those further east, but the way growth is managed in this county is critical to their long term inte?-ity. This growth management oversight function is the broad mission of EPTAB and is reflected in the specific accomplishments and efforts it has undertaken. EPTAB ACCOMPLISFEVITNTS The board does most of its work through subcommittees which are presently comprised of: Steering; Growth Management Plan; Resource Protection; and Special Projects (currently, Departmental Budget Reviews) -- please see the attachment on EPTAB organization. BE Laren, Director of the Natural Resources Department serves as the staff liaison, and other staff are also consulted. Major efforts recently have included the following: Resource Protection: • Exotics Report and Ongoing Implementation-researched, wrote and presented. • Water Irrigation and Conservation Ordinance -recommendations and comments. • Comprehensive Water Conservation Plan- ongoing present effort to draft. • Aquifer Recharge Protection Ordinance -recommendations and comments. • Clam Bay NRPA-recommendations and comments. • Wiggins Pass Inlet vlanagement Plan-recommendations and comments. • Bis Marco Pass Critical Wildlife Area -recommendations and comments. • Manatee Protection Plan-recommendations and comments. • Litter, Weeds and L tics Ordinance -recommendations and merits. Growth Management: • EAR Report-monitored process and provided recommendations and comments. • Army Corps SW Florida EIS -recommendations and comments. • Land Use Planning/Clustering in Rural and Ag Areas -monitoring. • Habitat Development Standards - coordinated with other advisory boards, evaluating. • PUD Sunset Reviews - evaluated and monitored. Steering: • Work Plans and Priorities - developed annually, updated as necessary. • Structure and Oraani7ation- document regularly and help clarify. Departmental Budget Review: • Natural Resource Department Budget Review- done annually, as requested by BCC, starting 1997. • Other Departmental Budget Reviews -pending for current year, as warranted by natural resource involvement. EPTAB Plans Include: . • Greenspace/Open Space Planning Issues. - • Habitat development standards incentives and improvements. • Watershed/Stormwater Management Issues. • Increasing liaison functions with other departments affecting natural resources. • Rural/Ag Land Use Planning Issues. • Comprehensive Water Conservation Plan OTHER ENTITIES SERV-LNG THE SAMF PURPOSES Presently there is no other board which expressly serves the same functions that EPT:=3 deer. The Environmental Advisory Board (EAB)focuses on resultant policies and ordinances that:ave already gone through EPTAB, as they apply to specific development projects. Taus he .7.c environmental boards complement each other's work. However, it has been suggested on occasion that combining EAB and EPTAB would serve :he county more efficiently. While other papers could and have been written on this subject, it Ls this board's opinion that such a merger would seriously curtail the policy considerations and initiatives which are among the unique functions EPTAB serves. EAB's project review functions would paralyze much of the broader picture examination and advice necessary in any envi.ronmema l stewardship effort. Both boards efforts are essential and any combination of them would particularly dilute EPTAB's functions as secondary to deadline-oriented development projects. In addition, there are a number of significant, Growth Management Plan required environmental programs which have not been implemented yet, and these are best served by EPTAB. One of the concerns motivatin,merger has been the lack of gnnlified apt—;ants. To address this, the application process should be re-examined. Consideration of a more liberal reappointment policy, plus targeted mailings and more visible vacancy announcements would be beneficial. EPTAB ORDINANCE AMiENDMENTS NECESSARY There is one suggested modification to the enabling ordinance which EPTAB has communicated to the BCC previously. In order to address an inconsistency with some other advisory boards' rules on voting, it is,suggested that an affirmative vote on EPTAB motions be established by a simple majority of those present, rather than the currently required minimum of six or more, regardless of attendance. No other amendments are suggested. EPTAB MEMBERSHIP REQUIREMENT CHANGES NECESSARY No changes to the current membership requirements are suggested for this review. EPTAB COSTS The costs, both direct and indirect, of maintaining EPTAB are approximately $6000 a=tuii'r,. Of that, about $4500 is for liaison(Natural Resources Department) staff time and $1500 is for postage and outside staff time. This concludes the 1998 EPTAB Quadrennial Review Report. Please feel free to contact the chair of EPTAB, any of the past minutes, or the staff liaison for more information or with cuestions. . Respectfully submitted, • Bradley Corn4 Chair, EPTAB attachments:EPTAB enabina ordinance, organizational flow chart and work plan timelines SUMMARY OF ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD (EPTAB) CHARTER --JECTIVES ' * Identify, study, evaluate, . and provide technical recommendations to the board • (of Commissioners of Collier County) on programs ..necessary for . . . conservation, management, protection of air, land, water resources and environmental quality * Assist in': establishing goals and objectives : developing and revising rules, orc3;rrces, recculations, programs implementation and development of growth - ement identifying and recommending solutions to existing and future environmental issues • * Technical advisory committee to County environmental resources management program * Provide for public comment OTHER EPTAB is reviewed every 4 years for major accomplishments. The last audit was filed march, 1998 . An annual review of all accuuvlishments should be ccr iiec and . filed with BCC. COLLIER COUNTY DEPARTMENTS COVERED BY EPTAB Community Development Services: Vincent Cautero, ^i ` n�5 y- - Pla-- - g Services Dent: Robert Muihere, Dir - Code Enforcement Dept: Michelle Arnold, Actin: Dir. - Pollution Control Dept: George Yilmaz, - Natural Resources Dent: William Lorenz, D— Other Departments: - Solid Waste Myuut Dept: David Russell, Director - Stormwater Mgmt Dept: John Boldt, Director En on mental Policy Technical Adviso i Board (EPTAB) • Steering Resource Growth S_ecial Protection Management Project PLANNING - NRP A - EIS - EU7GET - Meeting - EPO - Rural - Review Structure - Organiza- - CW - • tion • • S=C7.S Scheduling - Exotics - EA''t - Protocol - Water Quality - Open/Green Space • - Liaison - Air Quality - Land Use - Coastal Zone MP - GMP - Watershed - LDC - Stormwater Mgmt - Habitat Incentives Dect Liaison - Demographics - Clustering . Monitoring Amendments - Code Enforcement - Solid Waste Mgmt Dept Liaison Dept Liaison - Pollution Control - Planning Services Dept Liaison DeptrLiaison - Natural Resources Dept Liaison • ;7g March 1998 GENERAL ' CHAIR: Brad Cornell VICE-CHAIR: Mike Simonik • STEERING Bill Mc Kinney, Chair Allen Kratz Mike„Delate Brad Cornell Mike Simonik • GROWTH MANAGEMENT Mike Delate, Chair Brad Cornell Jan Stevens Steven Bigalo= Ty Agoston RESOURCE PROTECTION Mike Simonik, Chair Brad Cornell Maureen McCarthy Brenda Fogel Monty Robi nscn Bill Mc Kinney • SPECIAL PROJECTS BUDGET: Bill McKinney, Chair Brad Cornell Mike Simonik EPTAB Reye- . Brad Cornell, Chair Bill McKinney l e- {raiz Mike S 1monik Natural Resources Dept (assigned liaison) Staff Liason : Bill Lorenz, Director Secretary: Georgina Mausen I I 1 ti I 1 1 • °-11- 1 UCD • 11 1 — 1 1 I 1 --. — .- -- L.. 00)1 ,-•LLI ct_ ,. I 1 1 . co _ .. . - — 1 .. I I 1 < I I--iM , I II I I I _1 1 = 1 1 1 --) L 2- Z ,...-) 0 I . 2 _ < 1 Z . W :.:-. - I 1 :7.1 1 F- 0 LLI — 1 Cn crl M 7- 01 W C- II- I- II 12_1 • --..---.. .- . 1 -.. CL • Z D (.1 If T-- C\I..._ 1 1 L'N.,_1 . 1 H f- Z • I . • ,—.s. --.- -7- < }-- ...i — ----- • •• W • — ,- Lu _19 1 o _ 7 • co . • .1 D, ' a_ . 0 -,1,.., ,- i--- H 0 D 0 0 < C.) Z --.-- >.c- -• , • 0 0 ...: • t-) i 0 I = .-.=• Q 0 0 W -- _ < 0 . , e_ U (...) 0 1 II 1 • .- 0 0, ; > '''-' • • 1- . L'Cl5 ..-c)[ C- C 1. ..-• — ci) 0 o I-7,—a- c_ — E •0 I- i — H 0 tts N4 c 7 o - ets W 0 c -,-. c -7.. ,--,- -) U -2 0 43 21 a 2 - E 0 ,.., 0 " 0 1- 0 t....I > s.../ CO .- (..) 0 v) Q 5 = ° •- o.• -7' c -0 ° I- c III ..: • I-- 7., ,_ 76 T.') <LI 14 0 U. mii 0 -----'.... .c -° •E 1 E .° - W -o ,-, I-- <13 ;"3 7-,-, -6 ---' = 1-1 E - _ c] - - _, -t-7,7 ,-, LL1 ....1 0 c_ . L- 0 r:.•1 " Li (-71 I 0 c;)i-E) .L2 i— 7 -7- --- 0 co Z:r.:5 l2 61 ,;;•. CS)17z ,, < —• Cl) c'- >t > \-/ 0 ri lb tb ,-- -.:-..-,} E., co 2 h's cr co ---= -;3- ra 1 m (>„„ ."--i 0 -0 -1-7 2_•_-•! c C U f . .0 1- N :1 L.') cz r-• tr., an 0 ,- N :11 '-'1 LO NO ::1 .7.;1 ,- •:•,,; :-; • ) r- N V) "G" '-') t.,D r••••• =Z. :71 NNNNINNNNNNnit-; Cr r.:- .+.... __ _Cli 1 C) I Z - . N. 11 .. 1 *** I .- . 111 II z..W.-- - - . 1 " .. . . — I ---;1CI Z v-; < 1= 1 1 c2 I I }-- It i 1 Z 1 I 1 N I i I I I I — = :d< F • •,- 1 0.- 2 M 1 01.1- 1 .LU L 1 MI 0 1 Z. 1 , _ 1— I M i 1 I ._u .—---- D i -7- i•-• c) W. _ — , . . Ci • — c\I -. > — - • . „..-. 1. I ; m ..._. u 0 co Z LTJ _ 0 i ut 0 i c 0 i = I— — 1 7s 'Z a (-) < t. uj • 0 M i 0 :E5 i o 2 II cr) 0 o , - r- - ! k. s..... HLU • ; Z I "Ti c:: .... c _ ---:-- — -'-' B 0 r.',) c ['_' c- 0i i --J c Z g >- 7 t o -- U.1 1 j< 2: (..5 C.) 2 w— ,,_, o (-)1 o LL! --. 4) , ••,: 7:5 E- `-'....I L) 2 OV , W 0- ;..... co '••••', 0 t ; Lu > , ' . < ... w co P •-, a (.3it_u c.51.._ N n .;- 1.-: ...I :•-• rr.., cn C i- N n c L1 Lo r-- = c) 0 T.- N :1 'Ti.--;17-7,F--1=7) 0 1 lf) l.31 trl LI L.31 tj") ...3" L) L.r) 7\. --., ..---- • 0 1>0 t•-•, .x. '. ' • — CL ---- 1 O._ 1 1 1 . 0 al W —.....0 .....__......_ — I I 1 i , 1 2 1 D 1 1 I1 I , I 1 1 1 1 I g --: 1 . . •c 1 1 1 1 I •1 ,...'... — 1 11 1 1 1 LI 1 1 ; '1 I X ' _ _ _. 1 C:1 - "r 01 LU u j t. . •1 Z . 1- 0 (3 ‘... <.• 1 0 I 1- I- 0 _ 1 ....▪-▪- ....., 1 •• „____ ' • __ Z > 1.1.1 T-' Q • i C> .=:. • 1 . Cl ..!-. ..4- z CC5 - • _........ .. ..... , •I 0.- . ; 0-. 1 0 •..., LU *•:-.7. .--- <1 1 c t..-.• -; - .....-. _ •- • - 1 - _-.7..! (.....) ,- 5 2 1 - r:, ^ • - •- —< 0 1 m5 •- • -75 1 C-- :•-• -7_,- c_1 > 0 E 0 0 .•- i- -7:7 V1 (--,. , . . 5 CI 6; <I> _ ,- C •-•' 0 a: ;..- t\ 1,... ' C o r.., . --6 = r- -11'....) C ZitZ .-' .7) LI- C:1 ,,C -' '- .1:: •° >si • ° a5 4,3 <7, , 2E K •-• 0 1._ .8 is,„ C.; Z `..:1_-.1 o t..,1 = CZ: ---, iii •-;-- fz 1 r.,' 0 I-'" _ < w c 1 tz. ___, cs )...—_..1 . w.„,,), _21%. 0> I >• La- 2, '5,._ ,51 cr.: u j I 1 >t, 1 t 0 ,...1 •-- -v-) 1 C 1 LI LU 1 ft .1 Z =; 0 0 0 -0 1 0 07 I CZ: 7/3 7:,1— >••• N - 0 .....1 < D U ....0 0 1°- " 17i i'3 r- -`15- ,-7 0 t -6- (.,-) ,... ,., .- -C3,= .-- 1 C..) E 1 7,i E i.s, (5 < c t LL. t-L, cl c: 0 75. cz1 "'' 5 7-1 C-.L',7,_, 9 1E_ ,±-:- C -Li cr: CL al ms 1 x 0 0 1- ' Z Z ::.: CI) 12-1 U - i G c) cil -J CI 1.1.1 U 1 I r 7%1 r.•1 '..0 N = :In C.7.1 1- N 1 F1 'q" ...1T- 5:\1 CI S' .1 :0 N r•-• 1-, r•-• r--• F's r-- r-- :-- r-- 9= :•-•1= = a.-. =-_, = zr:. r.-- -s --I --1 --1 --) --1 --) --) -3 _. ,_ t.- n,- ENVIRONMENT — § 54-23 ARTICLE I.IN GENERAL agement and protection cf air, land, and water resources and envrrnneental quality Secs. 54-1-54-25. R.eserved- in the county.(2) Assist the board to establish goals and ob- jectives for the county's e_^.d,-ermental con- ARTICLE U.ENVIRON=TAL POLICY servation and manaa-ement programs. TE CIINICAL ADVISORY BOARD" (3) Assist the board in developing aid revising, as appropriate,local rules,ordinances,reg- Sec. 54-26. Establishment. ulations,programs and other initiatives ad- dressing the use, c0nser-,ation and preser- There is hereby established the environmental vation of the county's natural resources. policy technical advisory board,which shAll herein be (4) Assist in the implementation and develop- (O referred No. 9 - 6, the EPT_ went of the growth -••-=^?giant plan(Ord. No. 91 26, § 1) re- garding environmental and natural re- Sec. 54-27. Authority;functions;powers and sQurce issues. duties. (5) Assist the board in idem: g and recam- - mending solutions totir_ and future (a) The environmental policy technical advi- environmental issues. sory board obtains its jurisdiction, powers, and limits of authority from the board of county corn- (6) Serve as the technical advisor: cornmitt missioners and, pursuant to this article, shall act to advise-and assist the in the ac- into the board in matters tivities involved in the de v e':c p ment and im- an advisory capacity - • dealing with the regulation,conrol,management, plementation of the c t': environmental use or exploitation of any cr all natural resources resources management pr_cra n as stated -' - • c in Policy 1.1.1 of the conservation and of or within the county. _ ` coastal management e.e_n en: of the growth (b) The advisory board veill function to: management plan. • (1) Advise on the preser2:ion, conservation, (7) Imtilement the water p _.__' pursuant to protection, management and beneficial use chapter 90, article il t cf ., •.is C axe. of the physical and bielogoocal natural re- sources (atmospheric, terrestrial, aquatic (8) Provide an opportunity for p__ c comment and hydrologic) of the county in regard to _ on environmental or--nances and the safety, health and ceneral well-being of programs. the public; (Ord. No. 91-26, § 2) (2) Advise and assist the county staff and board Sec. 54-28. liembership toward developing the purpose, intent and criteria of all county ordinances, policies, (a) The environmental polite technical advi- programs and other initiatives dealing with sory board shall be compcsed of 11 :embers who natural resources. shall be appointed by and serve at the pleasure of a. the board.Appointment to the ad-.sory board shrl (c) The powers and duties of the advisory board be by resolution of the board and shall set forth are as follows: the date of appointment and the term of office. 11) Identify, study, evaluate, and provide tech 't Vacancies on the 2d'._- hoard shall be nical recommendations to the board on pro- public?ZS4 in a publication c: zeneral circulation grams necessary for the consetyation,man- within the county, and vacancy n_:i es shall be § posted in the county libraries _._ county court- 'Cross reference—Tssoa.rds,c-".�:=s:ons and authorities, `.� ---. responses the 2.515 et seq. house. Along with the appliaant re _ CD54:5 f 54-28 COLLIER COUNTY CODE board's staff shall provide the board with a list - (f) For the full term of the initial appointments, outlining the qualifications and demographic back- • the three members serving until September 30, - -- ground of each candidate, including the.present 1994 and the two members serving until Sep- members seeking reappointment. -,tember 30, 1995 shall have demonstrated exper- tise in biology(including any of the subdisciplines (c) Members shall be permanent residents and such as botany, ecology,zoology,etc.)and/or wild- electors of the county and should be reputable and life management. After the expiration of these active in community service. initial terms of appointment, the vacancies May (d) The primary consideration in appointing the be filled by members demonstrating expert-Ise in advisory board members shall be to provide the any of the a'oovementioned areas rent to env/ board with technical expertise ne �ry to effec- tively accomplish the advisory board's purpose. agement. Members shall demonstrate evidence of expertise (g) Any member of the advisory boar-3 may be in one or more of the following areas related to removed from of ice by a majority vote of the board. environmental protection and natural resources (h) Members shall be automatically removed if management: air quality, biology (including any they are absent from two consecutive. meetings of the subdisciplines such as a botany, ecology, without a satisfa.sctdry excuse or if they are absent zoology, etc.), coastal processes, estuarine pro- from more than one-fourth of the mee -gs in a cesses,hazardous waste,hydrogeolog ,hydrology, anring, pol given fiscal year. Members shall be dammed ab hydraulics, land use law, land use p) sent from a meeting when they are riot prc ent lution control, solid waste, storm—Aatzr manage during at least 75 percent of the meeting. ment, water resources, wildlife marazement, or other representative areas deemed appropriate by (Ord. No. 91-26, § 3; Or No. 91—`_3, s 1) the board such as, but not limited to, a represen • Sec. 54-29. Officers and support s`._. tative of the development cornm=1... • (a) The officers of the environmental:olio—J. Th. :ech- (e) Te initial terms of office of e members of nim advisory board shall be a char--an and a the advisory board shall be as follows: vice-chairman. Officers' terms sh.all t-e for one (1) Three members will serve until September year,with eligibility for reelection.The chat Ian 30, 1992; and vice-chairman shall be elected by a majority vote at the organizational meeting and thereafter (2) Three members will serve until September at the first regular meeting of the advisory beard 30, 1993; in October of each year. (3) Three members will serve until September (b) The-chairman shall preside at all e=.Ings 30, 1994; of the advisory beard.The vice-cher shaL per- form the duties of the chairman in the absence or (4) Two members will serve until September incapacity of the chairman. In case cl the re- 30, 1995. moval, resignation or death of the c:._ztan, the vice-chairman shall perform such d.iti - as are After the initial term of appointment, each ap- imposedon the chairman until such time as the pointment or reappointment s1,A11b? for a term of advisory board shall elect a new chaff.an.Should four years. All terms of office shall expire on Sep the office of chairman and/or vice-coai ra be- tember 30. Terms of office shall be lirnited to two come vacant, the advisory board shall elect suc- consecutive terms unless waived by the board by cessor from its membership at the next rezular a unanimous vote.A member may c-e reappointed meeting. Such election shall be for the u-:expired by the board for only one successive term and shall term of said office. apply with other applicants. Terms shall be stag- gered so that no more than a mincri y of such (c) Professional support staff for theadvisory members' appointments will expire in any one board shall be provided by the environ:-.:en--al ser- year vices division and such other county s'-a_': from CD54:6 ENVIRONMENT § 5+57 elsewhere within the county government as may, Items shall come before the advisory board as from time to time, be requested by the advisory scheduled on the printed agenda unless a specific board and deemed necess.a y by the county admin- request arises which justifies deviation by the ad- istrator. visory board. (Ord. No. 91-26, § 4) (Ord. No. 91-26, § 5; Ord. No. 91-48, § 2) Sec. 54-30. Meetings; Quorum.;rules of proce- Sec- 54-31. Review process. dure- (a) Regular meetings of the environmental The environmental polioy technical advisory policy technical advisory board shall be held on board shall be reviewed for major accomplish- the second Wednesday of each month at 9:00 a.m., ments and whether the board is serving the pur- or as otherwise deterr-i;ned by the advisory board, pose for which it was created once every four years in the commissioner's meeting room,Third Floor, commencing with 1994, in amcrd.a*: with the Building "F," Collier County Government Com- procedures contained in chapter 2, article VIII, plex, Naples, Collier Couny, Florida. Special division 2 of this Code. meetings of the advisory board nay be railed by (Ord. No. 91-26,.§ 9) the chairman or by a majority of the membership. • Such meetings may be called subject to public no- Sec. 54-32. Reimbursement of z_enses. tice to reduce an overloaded a✓enda or to consider a specific topic. Members of the environment.a roller technical (b) A simple majority of the appointed mem- advisory board shall serve w-ithout compensation, but shall be entitled to receive reimbursement for bees of the advisory board shall constitute a , . expenses reasonably incurr m the performance quorum for the purpose of �nduc^:ng business. of their duties upon prior approval of-the board of An affirmative vote of Si:.Or more members shall approval be necessary in order to tate offial action, re- county commissioners. - gardless of whether six or more members of the (Ord. No. 91-26, § 8) advisory board are present at a meeting. (c) The advisory board shall, by majority vote Secs. 54.33-54-55. Reserved_ • of the entire membership, adopt rules of proce- dure for the transaction of business and shall keep a record of meetings, resolutions,findings and de- terminations. The advisory board may establish ARTICLE III.WA1.ER FOL?L-TION subcommittees comprised solely of its member- CONTROL PRO= Y_ shin to facilitate its functions. Meetings of the subcommittees shall confer to the same public notice requirements as that of the advisory board. Sec. 54-56. Title and citation. (d) At the regular meetings of the advisory This article shall be k.nowr and may be cited as board, the following shall be the order of business: the "Collier County Water = l—tion Control (1) Roll call. Ordinance." (Ord. No. 89-20, § 1) (2) Approval of the minutes of previous meeting. Sec. 54-57. Applicability. (.3) Old business. This article shall apply cou__ - .__. (4) New business. o. 89-20, 2) •5-: Public comments. State law reference-C r:lic=1:e:-A.can c-..._.:.mss of r.cn- c:a.-..e- =unties and :municipal C r-Li..=•—. •-- Const. at. (6) Adjournment. vm, § (n. CD54:7 FOUR YEAR REVIEW OF THE ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD (EPT_AB) An Assessment of Environmental Review Functions and Policy Formulation Prepared by: Natural Resources Department - Community Development and Environmental Services Division May 19, 1998 EPTAB Assessment May 19, 1998 Page 1 INTRODUCTION AND PURPOSE The purpose of this report is to evaluate the necessity of the Environmental Policy Technical Advisory Board (EPTAB) in light of the current and future requirements it must address and to evaluate possible areas of concern in order to improve the efficiency and effectiveness of the County's approach in protecting its natural resources. Ordinance 86-41 as amended by Ordinance 92-44 requires that Advisory Boards be reviewed by the BCC every four years. EPTAB is to be reviewed by the BCC in 1998. Ordinance 86-41 as amended also allows for the County Administrator to provide the BCC with recommendations and comments along with the Advisory Board's written report. The BCC may request the formation of a subcommittee consisting of 3 members of the BCC to determine whether the advisory board shall continue in its present form. At the conclusion of the review process, the BCC shall determine whether to abolish, continue, consolidate or modify the Advisory Board for the next 4 years. EPTAB was established in March, 1991. A major purpose of this advisory coni .irtee was to assist staff and provide recommendations on the various programs and land development regulations specified in the Conservation and Coastal Management Element (CCME) of the County's Growth Management Plan (GMP). EPTAB provided input to staff and conducted several workshops on major efforts required by the GMP such as the Habitat Protection Ordinance and the Natural Resources Protection Area Proaram (NRPA). For the first four years, EPTAB met twice a month to accomplish its responsibilities but now meets only once per month. • EPTAB's activities have been reduced since most of the environmental programs required by the GMP have now been addressed. There are no more policy initiatives required by either the current update of the CCME or requested by the Board of County Commissioners (BCC). Because of this change in focus, EPTAB has discussed its future direction on several occasions within the past 12-18 months. _ ^ EPTAB Assessment May 19, 1998 Page 2 CURRENT SITUATION Enabling Authority The Conservation and Coastal Management Element of the County's Growth Management Plan contained a requirement for the County to establish a technical advisory committee to advise and assist the County in the activities involved in the development of a comprehensive environmental management program (Policy 1.1.1). Additionally, the CCME specifically identified the technical advisory committee to work on the NRPA program (Policy 1.3.3). In March of 1991, the Board of County Commissioners approved the formation of EPTAB to advise the BCC in matters dealing with the regulation, control, management, use or exploitation of any or all natural resources of or within the County (Ord. No. 91- 26). EPTAB's mission is quite broad in its scope of coverage and it is to function to advise on the "preservation, conservation, protection, management and beneficial use of the physical and biological natural resources (atmospheric, terrestrial, aquatic and hydrologic) of the county in regard to the safety, health and general well-being of the public." EPTAB has the authority to advise and assist the County in developing the purpose, intent and criteria of all county ordinances, policies, programs and other initiatives dealing with natural resources. Additionally, EPTAB is to assist in the implementation of the growth management plan and to serve as the technical advisory committee G:gid in Policy 1.1.1 of the CCME. Membership Originally adopted as a nine-member advisory board with members having technical expertise in a variety of environmental disciplines, the BCC soon increased its membership to eleven (11) by adding other representative areas such as individuals from the development community. During the past two years EPTAB has had some difficulty retaining and attracting members with technical qualifications. As of May 15, 1998, EPTAB has two (2) vacancies. Staff Support/Costs The Natural Resources Department (NRD) is assigned the responsibility to provide support to EPTAB. The total cost of supplying support to EPTAB is approximately $6,000 per year. This includes personnel ($4,800), mailing ($300) and copying (S900) costs. Staff from other depailuients periodically have made presentations on a variety of subjects. EPTAB Assessment May 19, 1998 Page 3 Past Accomplishments EPTAB has worked on various issues in the past five years (Table 1). Most of the effort has been focused on activities required by the Growth Management Plan, notably the Habitat Protection Ordinance and the Natural Resources Protection Area (NRPA) Program, including the review of the Clam Bay NRPA management plan. In the last two years, EPTAB,was involved in the preparation of the Evaluation and Appraisal Rea ort (EAR) and in the evaluation of the problems of exotic vegetation in the County. EPTAB is currently identifying issues that it will study and provide the BCC with recommendations. These include an assessment of the Camp Keais Strand as a NRPA and a water conservation strategy. Their work effort for the next year is summarized in Attachment B. Table 1 Selected List of EPTAB Accomplishments 1. Environmentally Sensitive Lands Acquisition Ordinance; 2. List of NRPA's with mapped areas and general descriptions; 3. Review of the Coastal Zone Management Plan and LDC Amendment; 4. Workshop reviews and recommendation of the Habitat Protection Ordinance; 5. Workshop reviews and formulation of the NRPA Programs; 6. Workshop reviews and formulation of the Clam Bay NRPA; 7. Review and recommendation of the Critical Aquifer Recharge Management Plan; 8. Recommendation for Sand Dollar Island; 9. Recommendation for Wiggins Pass Inlet Management Plan; 10. Manatee Protection Plan - review and recommendations; 11. EAR Report review and recommendations, including EAR Amendments: 12. Exotic Plant Report EPTAB Assessment May 19, 1993 • Page 4 PROBLEM IDENTIFICATION A major area that reduces staff efficiency and has caused some problems is the relationship of EPTAB to the Environmental Advisory Board (EAB) and the Development Services Advisory Committee (DSAC). Other problems include the change in direction for implementing,the original Growth Management Plan and attracting qualified members. Overlapping Responsibilities The EAB's major function is to act in an advisory capacity to the BCC in matters dealing with the review and evaluation of specific zoning and development petitions on their impact upon the County's natural resources (Attachment C). The EAB reviews and recommends environmental stipulations for a variety of development orders. These environmental stipulations essentially implement the policies recommended by EPTAB and approved by the BCC. On occasion, the EAB will conduct workshops or disc.ss existing or proposed environmental regulations. The DSAC (Attachment D) was created to assist in the enhancement of operational efficiency and budgetary accountability within the Community Development and Environmental Services Division and to serve as a primary communication link between this division, the development community and the citizens of the county. A specifc function of the DSAC is to provide input to staff regarding the creation of new hes. processes and procedures associated with the development industry. Like the EAB. the DSAC reviews and comments on new environmental regulations and code changes. All three advisory committees are involved with the review, input and recommendations for existing and new environmental regulations. In the past, this has led to some confusion as to which advisory committee staff should solicit review of proposed environmental regulations. Staff now tries to ensure that each advisory comrr±.ee is briefed on proposed regulations or topics of interest. This of course increases the cos: of developing the proposed regulations since staff must work with the three separate advisory committees. Implementation of Environmental Programs The Conservation and Coastal Management Element contains many environmental programs that were required to be completed by August 1994. These programs have been developed and proposed to the BCC with the BCC implementing some aspects of the programs. Now there are less GMP-related requirements that are planned to be accomplished in the next year. EPTAB Assessment May 19, 1998 Page 5 The BCC has also determined that the pace with which GMP related environmental programs are being implemented is sufficient. In 1996, two staff positions were eliminated from the Natural Resources Department. Thus, the work efforts of the NRD have primarily shifted away from the programs identified in the Growth Management Plan and are now focused on other operational requirements such as waterways maintenance and technical assistance to other county departments. The BCC has also indicated that environmental data gathering and planning are to be reduced as well. Since there are less environmental programs requiring development, there is less need for a technical advisory committee to provide input into BCC mandated activities. One BCC directed initiative is density reduction and clustering criteria. NRD staff will be working with the Planning staff on these concepts. Staff has presented these proposals to EPTAB. EPTAB has had a number of discussions as to its future role. In early 1996, EPT_A.B decided to research environmental issues and prepare white papers with recommendations to the BCC. The Exotics Report exemplifies this effort. Membership The primary consideration in appointing advisory board members is to provide the BCC with technical expertise necessary to effectively accomplish EPTAB's purpose. The eleven-member advisory board recently has had many vacancies, either by term expiration or resignations. Several advertisements have been required to encourage applicants to apply for membership. In the past EPTAB has not recommended cenain applicants because they lack expertise in the required technical areas. Thus it has been a problem within the past several years to attract members who have the technical qualifications identified in EPTAB's enabling ordinance. EPTAB Assessment ^ May 19, 1998 Page 6 ANALYSIS OF ALTERNATIVE SOLUTIONS With the completion of many GMP mandated programs and the policy shift of the BCC away from environmental planning and analysis,EPTAB is experiencing, a shift in its original focus. Whereas, the amount of programs facing EPTAB just after the adoption of the original GMP justified a separate advisory board, the amount of effort required for BCC-mandated programs could now be supported by other existing advisory committees (i.e.,EAB or DSAC). Thus, possible alternatives to be considered should include the consolidation of functions with either the EAB or the DSAC. Included below is a description of possible alternatives and an analysis of advantages and disadvantages of each alternative. Do Nothing This alternative consists of maintaining the status quo. EPTAB would continue to function as it has in the past. Staff would continue to coordinate issues among the three advisory boards as appropriate. The advantage of this alternative is to have one advisory committee focus its attention on environmental issues, especially those of a long-range planning nature with emphasis on problem solving. A disadvantage of this alternative is the continued need for staff to coordinate issues with three advisory committees. Timing of proposals and advisory committee feedback becomes difficult when the advisory boards meet only once a month. Incorporating the Functions of EPTAB Into the EAB This alternative consists of eliminating EPTAB and having the EAB perfoiin EPTAB's current functions. This would require the EAB to add other topics to its current agenda. An advantage of this alternative is to reduce the number of advisory committees that require coordination by staff for land development regulations and other proposals. Another advantage of this alternative is that the EAB is involved with recommending stipulations for development projects and therefore has a basic understanding of how proposed regulations are likely to effect the development review process. A disadvantage of this alternative is the time needed to perform both functions. Regular meetings now last approximately 1 to 11/ hours. Since EPTAB meetings usually meet for 11 hours, the consolidated committee would expect to meet for approximately 3 hours per month. EPTAB has also used subcommittees to work on various issues thus requiring more time from its members. EPTAB Assessment May 19, 1998 Page 7 Incorporating the Functions of EPTAB Into the DSAC This alternative consists of eliminating EPTAB and having the DSAC perforin EPTAB's current functions. To implement this alternative, it is recommended that the DSAC establish an environmental subcommittee to handle the environmental topics. An advantage of this alternative is to reduce the number of advisory committees that require coordination by staff for land development regulations and other proposals. Since the building and development community is represented on DSAC, this interest Qroup would become immediately familiar with new environmental issues. A disadvantage of this alternative is that the current focus of this advisory committee is on many non-environmental issues. Although DSAC has a position designed to represent the environmental community, no current member represents an environmental organization. Modify EPTAB's Current Structure This alternative consists of reducing EPTAB's membership to a five or seven member board. The advantage of this alternative is to increase the probability of obtaining sufficient qualified applicants. The disadvantage is to add more workload to the membership serving on various subcommittees. • EPTAB Assessment May 19, 1998 Page S ADVISORY BOARD INPUT Staff prepared a preliminary report in January 1997 recommending the consolidation of formulating environmental policy and reviewing land development petitions into one advisory board. This report was presented to the DSAC, EAB and EPTAB for their respective review, comment and recommendations between February and April of 1997. The DSAC voted to support the staff's recommendation of consolidating environmental policy matters into one advisory board. EAB voted to support the general concept subject to their review and consideration of the details needed to implement the consolidation. EPTAB voted to retain the two advisory boards thus rejecting staff's recommendation. EPTAB Assessment May 19, 1998 Page 9 RECOMMENDATIONS Staff recommends that the BCC consider consolidating the functions of the EAB and EPTAB into one Environmental Advisory Board. This single advisory committee will have the responsibility for providing the BCC with advice and recommendations for all environmental issues. Functions and Duties The new EAB will retain the duties of the present EAB and will also function to recommend the nature of the County's environmental management program required by Policy 1.1.1 of the Conservation and Coastal Management Element. It will be responsible for reviewing land development projects, proposed environmental ordinances, Growth Management Plan issues, and other environmental programs and initiatives. Membership The membership of the current EAB is sufficient to carry out its recommended purpose. Membership qualifications should be consistent with the present EAB and EPTAB requirements. Meeting Frequency Meeting frequency may need to increase by up to 50%. Special meetings could be used for workshopping specific issues. Subcommittees should be used to reduce the time the full advisory board must meet. Subcommittee meetings will still require public notice and staff support. Staff Support Primary staff support will come from both the Planning Services Department and Natural Resources Department. Implementation Schedule Staff estimates that a new ordinance for the expanded EAB could be brought to the BCC in 4 months after receiving direction to proceed. However, since the EAB's enabling authority is provided for in the LDC, the amendments may be required to follow the County's LDC cycle. EPTAB Assessment May 19, 1998 Page 10 If the amendments can proceed outside the LDC amendment cycle, then the following schedule is proposed: Task Description Month to Complete 1. BCC Direction to Proceed June 2. Complete Draft Ordinance July 3. EAB/EPTAB Review August/September 4. CAO Review September/October 5. BCC Public Hearing, October EPTAB Assessment n May 19, 1998 . Page 11 ATTACHMENT A • ENABLING AUTHORITY EPTAB >1'vraOxNEN; •i 54.23 ARTICLE I.L'i GEN RRI, agement and protection of air, land, and • board's st......IT shall provide the board with a list • water resources and environmental quality outlining the:uce_ers and demographic back- s. 54-1-54-25. Reserved. in the county. ground of each mndidate, including the.present .- (2) Assist the board to establish goals and ob- members seeking.reappointment. jectives for the county's environmental con- (c) 1flembers shall be permanent residents and servation and management programs. electors of the county and should be reputable and �TICLE D.Eh'VIfiO�ihiE:�'TAL POLICY p TECh LAICAL ADVISORY BOARD' (3) Assist the board in developing and revising, active in==unity service. as appropriate,local rules,ordinances,reg• (d) The –y crsderation in z. 54-26. Establishment. ulations,programs and other initiatives ad- r appointing the advisory boa__ =embers shall be to provide the dressing the use,conservation and preset.- ..len with z�_;_ "here is hereby established the environmental vation of the county's natural resources. ?ems nececs ry to effec- tively technical advisory board,which shall herein tively • a mp_•a the advisory board's purpose. referred to as the EPTAB. (4) Assist in the implementation and develop- Members stili d>_mcrsrate evidence of expertise -d.No.91-26, § 1) ment of the growth management plan re- in one or more ct the following areas related to garding environmental and natural re- environmental r.e on and natural resources source issues. management:air quality.biology(including any :. 54-27. Authority;functions;powers and of the surc_nounes such as a botany, ecology, duties. (5) Assist the board in identifying and recam• zoology, et:.), Gast i processes, estuarine waste,hydrogeology,hydrology, The environmental policy technical advi• cesses,h pro- mending solutions to existing and future �_._s drology, environmental issues. rau board obtains its jurisdiction, powers, and hydLce,Land .• . law,land use planning,pol- is of authority from the board of county=r.-.• • (6i Serve as the technical advisory committee lution conte:, scud waste, stormwater manage- _sioners and,pursuant to this article,shall act to advise-and assist the county in the ac- ment, water <e_rn s, wildlife management, or an advisory capacity to the board in matters tl:ities involved in the development and iza- other re_:esen:a trve areas deemed appropriate by ing with the regulation,control,management, pithe board sus:as,b::not limited to,a represen- nag° er^:entation of the county environmental or exploitation of any or all natural resources . resources management program as stated tative oft the development community. ;r within the county. in Policy 1.1.1 of the conservation and (e) The initial termsof office of the members of O) The advisory board will function to: coastal management element of the growth the advisor'=rte o shad be as follows: management plan. 1) Advise on the preservation, conservation, - (1) Three members will serve until September (71 Implement the water policy pursuant to 30 protection,management and benezz cia!use chapter 90,article II of this Code. of the physical and biological natural re- (2) Three–e–_ -s wiii serve until September sources (atmospheric, terrestrial, aquatic (5) Provide an opportunity for public comment _ yr la_,. and hydrologic)of the county in regard to on environmental issues, ordinances and the safety,health and general well-being of programs. (3) Three:members will serve until September the public; (Ord.No.91-26, §2) 30, 1._4: 2 Advise and assist the county staff and beard (4) Two =embers will serve until September Sec. 54•_5. Membership. toward developing the purpose,intent and 30, 1:95. criteria of all county ordinances, policies, (a) The environmental policy technical advi- programs and other initiatives dealing with sari board shall be composed of 11 members who After the initial ter of appointment, each sip- -natural resources. _ shall be appointed by and serve at the pleasure of pointmen:or reappointment shall be for a term of e board.Appointment to the advisory board shall four years.All to=s of office shall expire on Sep- c The powers and duties of the advisory board by resolution of the board and shall set forth tember 30.Te:ms of office shall be limited to two a as follows: the date of appointment and the term of office. consecutive.ercn_ _less waived by the board by a utas;woos-rote.A member may be reappointed Identify,study,evaluate,and provide tech-ib) Vacancies on the advisory board shall be nical recom endations to the board on:-_ by• e board for :successive term t and shall _ ___.___in a publication of general circulation apply with _ __._=.tis.Terms shall be stag- a_–:for the censer vation. an –•-= ••, :he county, and vac..cy notices shall be gored sot at no :T.o r.' than a . tech: of such .Cross reference-3oar:is.ee--isvonsand au: r.:_es.4 ^os o to the county libraries a^.d county court..- members' a_xin:—ertts will expire in any one e,,eq nouse. Along with the applicant responses the year. CD54:5 EPTAB Assessment • /".• May 19, 1998 Page 12 ATTACFL ENT A (Cont.) E?JVIRO.`7 'NT ¢5+57 ) For the full term of the initial appointments, elsewhere within the county government as may, Items shall =me before the advisory board as three members serving until September 30, from time to time,be requested by the advisory scheduled on the p:-Lr..t.a a_enda unless a specific :4 and the two members serving until Sep- board and deemed necessary by the county adrain- request arises which,just' ?s deviation by the ad- :ber 30, 1995 shall have demonstrated expel-- istrator. . visory board. in biology(including any of the subdisciplines (Ord.No.91-26,§4) (Ord.No.91-25, §5; Ord_No.91-48, § 2) n as botany,ecology,zoology,etc.)and/or wild- : management. After the expiration of these Sec. 54.30..Meetings;quorum;rules of prone Sec. 54 31. Review process. rail terms of appointment,the vacancies may dure. " Gilled by members demonstrating expertise in (a) Regular meetings of the environmental The enviro=ental policy technical advisory t of the mental pjor accomplish. rotection ementland naturaloned areas reresources man- poLcy technical advisory board shall be held on meritsboard shall be and whether?_ cz_is sewing t pur- ment. the second Wednesday of each month at 9:00 a.m., or as otherwise determined by the advisory board, pose for which it was created once every four years ;) Any member of the advisory board may be in the commissioner's meeting room,Third Floor, commencing with 1554, it: accordance with the coved from office by a majority vote of the board. Building"F," Collier County Government Com- procedures contained in chapter 2, article VIII, ;) Members shall be automatic ll removed if plex, Naples, Collier County, Florida. Special division 2 of this Code. meetingsof the advisory board may be called by (Ord.No.91-2o, § _) a e absent from two consecutive meetings tout a satisfatto excuse or if they are absent the chairman or by a majority of the membership. �' Such meetings maybe called subject to public no- Sec. 54-32. Pte=h rr-emen:of expenses. more than one-fourth of the meetings in a tine to reduce an overloaded agenda or to consider �' en fiscal year. Members shall be deemed ab- t :t from a meeting when they are not present a speufic odic. Members of the _onen!al policy technical -lag at least 75 percent of the meeting. .(b) A simple majorry of the appointed mem- advisory board sr_ser:a without compensation, -d.No.91.26, 5 3;Ord.No.9148,§ 1) bets of the advisory board shall constitute a but shall be entitle::to- i•:a reimbursement for expenses rear„:-: i.,_.eo in the performance cuorum for the purpose of conducting business. ems• - =. 54.29. Officers and support staff. An affirmative vote of sit or more members shall of their duties upon r:r apt:oval of the board of be necessary in order to take official action, re- county commissioners. e) The officers of the environmental policy to a• -chess of whether sit or more members of the (Ord.No.91.25, § :i .21 advisory board shall be a chairman and a c-chairman. Officers' terms shall be for one advisory board are present at a meeting. ._r,with eligibility for reelection.The chairman (c) The advisory board shall,by majority vote Secs: 54.33-54-55. :.sser ved. d vice-chairman shall be e!e`.ed by a majority of the entire membership, adopt rules of proce- x at the organizational meeting and thereafter ,.ire for the transaction of business and shall keep :he first regular meeting of the advisory board a record of meetings,resolutions,findings and de- Octob"-r of each year. ter-•;^a:ions. The advisory board may establish s- cor- trees comprised solely of its member- b) The chairman shall preside at all meetings .he advisory board.The vice-ohai Jaz shall ship to facilitate its functions. Meetings of the -i the duties of the chairman in the absence or subco^^ittees shall conform to the same public apacity of the chairman. In case of the re- n .:otice requirements as that of the advisory board. :val,resignation or death of th_cl ti-p.in.the (d) At the regular meetings of the advisory chairman shall perform such duties as are board,the following shall be the order of business: posed on the chairman until such time as the .visory board shall elect a new chairman.Should (1)- Roll call. e offices of chairman and/or vice-chairman be- (2: Approval of the minutes of previous me vacant,the advisory board shall elect a suc• meeting. ssor from its membership at the next regular seting.Such election shall be for the unexpired 3 Old business. rm of said office. z New business. c' Professional support stall' fol the advisor: • Public comments. std shall be provided by the environmental ser• :es division and such other county staff from (6) Adjournment. CD54:7 • EPTAB Assessment ....... — May 19, 1998 Page 13 ATTACHMENT B EPTAB'S WORK PLAN • .. EPTAB PLANNING SCHEDULE . . . , • A I B C D IEIFIG HII 1J1KIL MINIOIPIO 1 I i 1 9 9 7 1 9 9 81 I 1 .,- I 1 1 91 9 3 2 COMMITTEE I PROJECT I it'CV DEC IJAN FEDIMAFIAPF4MAY,JUNJULIAUaSEPIOCT NOV 3 • i I 1 ' ii 1 I ' 1 1 I 4 GENERAL i i 1 1 I I r-1---- 5 WORKSHOP WITH CCC 1 1 i 6 [JASON WITH: Development Services Adviscrl Committee (DSAC) KOK I *OK I XXX 1 7 - Deol. of Community Afffais (DCA) I >CKX XXX 1 8 PlannIn9 Services Dept. 1 1 31 9 9 Stormwater Management Dept. • I 1 9 X.XI 1 0 ' Pollution Control Dent . 1 1II e I 1 1 Solid Waste M9mt Dept 1 1 — — I . 1 2 Nattral Resources Bed I I 9 I ' 1 3 Code Enforcement Deotl • ) . 1 1 1 4 Other Environmental Grouos Audubon )Cc( 1 2 .1I 1 5 1 Conservancy XXX I )0.0( 1>0.(X K.X MK . 1 6 I Naples Bay >0•0< 1>C<X KC< XXX 17 1 8 Meeting Structure 1 , . I C/O I I _ 1 9 Update Member list i>Oc< 1 2 0 Update Orcanization I C I 1 2 I 1 3E7 I , . _ 2 1 Assi9n each-member to a committee I • 1 31 , • 2 2 Oblectives. Recommendations, Comments (CRC) Reocrt DCA , . 1 2 3 Conservation and Agri Zone Overlay/ Protection Flan, T T IT 1 : 2 4 Manatee Protection Plan 1 XXXX , 2 5 E.— r . .• 26 I __ 2 7 KEY: I=INPUT, R=REVIEW, T=TIMING UNCERTAIN. P=PR ES=NTATIONI 28 - . I I _ 29 I ' I . 1 . 31 32 I — 3 3 1 • 3 4 1 LI 1 • 35 1 . II • • 3 6 I 1 9 9 7 1 9 9 8 1 . I 158 3 7 -------1 NOV DEC JAN FED MAAPRMA`11JUNJUL AUG.:SEP OCT NOV 3 3 GROWTH MANAGEMENT E • ____ 3 9 ACOE-EIS 1,_ .. I • T/O I . I . ._ . 4 0 Water/Sewer Extention-Rural Areas Admen R T/0 T/O 1 _ 4 1 (Rural PUD District Standards >0 ( 1 1)0CCK . 4 2 Cluster Admendment 1 1X00( I>OW>00X . 43 EAR Admendments I IC 1)000‹ 11 11 hR R iIi 4 4 Green Soace/Coen Space 1 I KW I .- 4 5 Futue Land Use Element - 1 I 1110 I-7 , I -. 4 6 GF.tPAMENDtviENTS I ! 1 X•CC< 1 E--- I 47 IGCLDENGATE 'Master Plan II f 1 10 1 I I 4 8 I Conservation ad and Coastal Mana9ement Element (CCMEO 4 9 LAND DEVELOF1MENT CODE (1-DC)AMENDMENTS • II- 1 1- 1 1R-1R-111 -211 -2 1.:-2 R-21 5 0 Habitate Protection Incentives 0 10 I I 5 1 I— 1 1 . ! • I I I I 52 ,.. 1 1 . .• , 5 3 [KEY: I=INPUT. R=REVIEW 0=ONGOING, T=TIMING UNCE RTAIN. P=PRESENTATl0N 5 41 1 1 i 1 I I _ - I EPTAB Assessment ' ... May 19, 1998 Page 14 ATTACHMENT B (Cont.) • EPTAD PLANNING SCHEDULE C I D 1E FIG HII JIKILIMINICIPIO 7 1 1 9 9 71 1 9 9 el I .r• 1 I 1 1 91 9 81 1 72 _ ItJOV DECIJANFEDIMA APPiMA11JUNJULIAUGSEPOCTINOV 7 3 RESOURCE PROTECTION I I I I II 1 I I I 1-- 7 4 NRPA_List_Update 1 I f 1 IX)OC< I 1 1�--( I (_�1___._ ' 7 5 NRPA-CREW Lands - • I I !-1)0004)000 )000i*Doi>OCC< 1 1 7 G Habitate_Protection Ordinance (HPO1 I I 1 1 ' _t1 1 I - t _ i�- 7 7 Sand Dollar Island Critical Wildlife Area (CWA1 -i �____I____I _ 1)OOOj)OCC< I I --I 7 8 Exotic Plant Eradication Program I I 1 1 I>000d>coc< I I 1 7 9 [County Lands T i 1 . 1 I —I )Food I i I xcc; I 1 -mac I 8 U Comprehensive Water Conservation Plan 1 1 1_� ��X)C« I =-•••---.----•-• U 1 Irrigation Ordinance U 2 Air Quality 1 1 • t : i1 3 water Duality. __—I _ :�__'i—; I ! .00K l __ 8 4 Clam Day NRPA Restoration Plan • t 1noc< I i -')000< U 5 (Exotics Removal Plan I -_IC �_1 I t ••--I •-- 8 33 Coastal Zone Management Plant -i-1—IO/T 1 I 1 I i- 8 7 Stormwaler Inadequacies Remediation ,___--_-_._...i.__!_____IIT .1 1 (•_I _' '---•-_1_--- U 8 Watershed Management Plan I I I I IT 1 I I I__' I t U 9 Lely Dasin Plan• I -_ _L_•_-•,_ IC- I 1 t {_I I 9 0 � �_ • -Gorden River Dasin'Plan -I v'•� I 1 -IIt� 9 1 __ I i _, 1 I I i i E_._ 9 'L SPECIAL PROJECTS �I —__ ____i_ ._—I_ _i --I.- I —_i- 9 3 BUDGET REVIEW I it I I IR I I 9 4 EPTAD Review Process • tp t 9 5 Report 1 1 i 1- 9 .____—_.___---•. i{ ___ ___I 1 1 I 97 I __ __� -1,--".--- , I 9 8 Collier CountyDud et Sta(f Submittai i _f _L___ -_•_.__•____ _ i < j Imo ` —•-}-_...... 9 9 - -DCC Workshop 1 LDC Januar C'cie:DCC Adoption I I I i 1 1 1)00040C ! _•.•••_,INov-Dec 1 0 1 -July Cycle: " " )OC< 10 2 GMP Amendments: pa:: Hearings I,•- 1>0 < I —•- L7 i 1u3 CCC Final Adoption I ': I 1 I 1Jan-Feb I I I I t U 4 I )0C< )GOC EPTAB Assessment May 19, 1998 ' Page 15 ATTACHMENT C ENABLING AUTHORITY EAB DIVISION 5.13.ENVIRONMENTAL ADVISORY BOARDt • Sec. 5.13.1. Establishment of the environmental advisory board;abolishment of the WiriAB and EAC. • 5.13.1.1. There is hereby established"The Environmental Advisory Board"which shall herein be referred to as the EAB. 5.13.1.2. The environmental advisory council CEAC)and the water rnAnage.--t• scry board(WMLAB)are hereby abolished as of 180 days after the effective_.e of this code or the fust meeting of the environmental advisory board r • whiichev=ours earlier.At the date and time of the first meeting of thelF_AE{ as provided herein all matters then still pending before the EAC and i MAB ipso facto ‘hg1l be transferred to-the EAB and shall be the first matters cf consider__:on by the EAB. Sec. 5.13.2. Authority,factions,powers and duties. 5.13.2.1. The EAB obtains its jurisdiction,powers, and limits of authority fro= the board of c--nty cornmivgioners,hereinafter referred to as the boa.d,and pur- suant to this code,shall act in an advisory capacity to the board in:natters dealing with the review and evaluation of specific zoning and develc_=ent petitions and their impact on the regulation, control, management, use :r =picitadeu of any or all natural resources of or within Collier 5.13.2.2. The E.3 Will function to: 5.13.2.2.1. ?.`view recommend stipulations addressing the preservation, cors-erra- ton,proton,management and beneficial use of the county's phys:—and biologiml natural resources(atmospheric,terrestrial,aquatic and hydro:: :: for petitions and/or plans for selected development orders,including hut-:t L ed to,.manes,developments of regional impact,provisional use,subdivi- sion u:di-.: �+ cion mast=plans and planned unit development amendments that to the EAB by county staff,the board or the provisions of this ode_ 5.13.2.3. The powers and duties of the EAB are as follows: 5.13.2.3.1. Implement the provisions of the conservation and coastal mann omen: e•- merit of the county's comprehensive plan during the review process f:r d_vel- c meat tz==ons and/or plans. 5.13.2.3.2. ?a-titipate in the review and recommendation process for excavations as pro- vided for it division 3.5. 5.13.2.3.3. Assist in the implementation of any new programs,ordinances and.'::pc_ties eeeated-ruga the environmental policy technical advisory board and adopted • by the board of county commissioners which deal with the conser:at:cn,mar ag--- protection and of air,land,water and natural resources and e.. _.. mental crci'ty in Collier County. 5.13.2.3.4. Provide an appeals form and process to hear disputes between co': staff and applicants concerning land development projects and recorn e_d prop stipulaticas for project approval or grounds for project denial forboa__consid- eration_ -id- eration_ 5.13.2.3.5. Function as an environmental impact statement(EIS)appeal board . to di•.soca 3.3. Sec. 5.13.3. Membership. • 5.13.3.1. Seven—gibers of the EAB shall be appointed by and serve at the pleasure of - - the boa_`Appointment _ intmeat to the FAB shall be by resolution of -� - --- shall se:forth the date of appointment and the term of office. *Code references—Depa.=..er.ts,§ 2.136 et seq.;affordable housing comnn.issicn, § 2-:c5 a: seq. tCode references—Boards,corrsnissiona,committees and authorities, § 2.816 et se:.:envi- ronment,ch.54;natural resources,ch.90. • LDC5:20 EPTAB Assessment May 19, 1998 Page 16 ATTACHMENT C (Cont.) 5.13.3.2. Nrpr,nrieE on the LAB shall be publicized in a publication of general c.� tion within the county, and vacancy notices shall be posted in the county libraries and county courthouse.Along with the applicant responses,the board's • staff shall provide the board with a list outlining the qualifications and demo- / g•aphic bar1?-cund of each candidate,including the present members seeking • reappcin^_ent 5.13.3.3. Members shall be permanent residents and electors of Collier County and should be reputable and active in community service. 5.13.3.4. The primary consideration in appointing EAB members shall be to provide the board with technical expertise necessary to effectively accomplish the_`_:': purpose.Members shall demonstrate evidence of expertise in one or_more cf the following areas related to environmental protection and natural resou- r=^'gement•air quality,biology(including any of the subdisciplines such as botany, ecology, zoology, etc.), coastal processes, estuarine processes, haz- ardous az- a dous waste, hydrogeology, hydrology, hydraulics, land use law, land use planning,pollution control,solid waste,stormwater management,water re- scurz•ra, wildlife management, or other representative areas deemed appro- priate by the board such as,but not limited to,a representative of the devel- opment mmrsunity. 5.13.3.5. The terms of once of the members of the EAB shall be as follcwn 5.13.3.5.1. Two members will serve until September 30,1992; 5.13.3.5.2. Two members will serve until September 30,1993; 5.13.3.5.3. Two members will serve until September 30,1994; 5.13.3.5.4. Two members will serve until September 30,1995. After the initial term of appointment, each appointment or reapxiv=en: shall be for a term of four 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 vntaniroous vote.A member may be reappointed by the bra.i for only one s.:-- sive term and shall apply with other applicants.Terms shall:e st erect so that no more than a minority of such members'appointments expire in any one year. • 5.13.3.6. Any member of the EAB may be removed from office by a majority vote of the be a_= 5.13.3.7. Members shell be automatically removed if they are absent from two^.-sr_• utive meetings without a satisfactory excuse or if they are absent from more than one-fourth 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_e oon: the meed. Sec. 5.13.4. Officers mid support staff. 5.13.4.1. The cEc^s of the EAB shall be a chairman and a vice-chairman- Officers' terns s:te2 be for one year,with eligibility for reelection.The chaff m_._ rice-ca sbRll be elected for(by] a majority vote at the organizational Meeccg and thereafter at the first regular meeting of the EAB i.October of each y tar. 5.13.4.2. - The chairman shall preside at all meetings of the EAB. The shitthe duties of the chairman in the absence or incapac-: :he perform of:-> chairman.In case of removal,resignation or death of the chairman,the vice- chairman shall perform such duties as are imposed on the chairman t:=:'_i such me the LAB shall elect a new chairman. Should the offices of c_._—_. ardior vice-caai man become vacant,the EAB shall elect a sur-----or.'-m its membership at the next regular meeting.Such election shall be for t-._ pared tet -of said office. 5.13.4.3. Professional support staff for the EAB shall be provided by the project review services section of the development services department and such other count,- staff from elsewhere within the county government as may,from time to time• . be requested by the EAB and deemed necessary by the county manager. LDC5:22 EPTAB Assessment May 19, 1998 Page 17 • ATTACHMENT C (Cont.) Sec. 5.13.5. Meetings,quorum and rules of procedure. 5.13.5.1. Regular meetings of the EAB shall be held on the first Wednesday of esth month at9:00seal,inthe Comm;<sionersMeeting Room,Third Floor,3u dig "',"Collier County Government Complex,Naples,Collier County,Florida ,, Spe^'i meetings of the EAB may be called by the chairman or by a majority of the membership. 5.13.522. • A simple majority of the appointed members of the EAB shall consdmte a quorum for the purpose of conducting business.An affirmative vote of four or . more members shall be necessary in order to take official action,regardless of whether four or more members of the EAB are present at a mee ^g. 5.13.5.3. The E 13 shall,by majority vote of the entire membership, adopt rules of pr ceedu.-e for the b nsaction of business and shall keep a record of mea=-.gs, resolutions,findings and determinations_The EAB may establish sub :• tees comprised solely of its membership to facilitate its functions.Meetings of the subcommittees shall conform to the same public notice requL_mens as that of the EAB. 5.13.5.4. At the regular meetings of the EAB,the following shall be the order of b si• nets: • 5.13.5.4.1. Roil call 5.13.5.4.2. Approval of the minutes of previous meeting. 5.13.5.4.3. CId business. 5.13.5.4.4. New business. 5.13.5.4.5. -_clic c=ents. 5.13.5.4.5. Adjournment • items shall come before the EAB as scheduled on the project review ser::oes rapport staff prepared agenda unless a specific request arises which justifies deviation by the EAB. Sec. 5.13.5. Scope of land development project reviews. The environmental advisory board shall review all land development petitions which require _ an envi.-en-enei impact statement(EIS),all developments of regional i.^ipacp?I. ands with specai treatment(Si)or Area of Critical State Conc^rSpecial Treatment toning over- lays, areas of the cu ty covered by interlocal agreements, any petitions whic^. c_.__ c_ resolved between the applicant and staff and which is requested to be heard by the environ- mental nv__'mental ad-fir-or/or hoard by either party and any petition which requires approval of the Colder County planning to-^t«ion or the board of county commissioners andstaffr__eives a request for the petition to be heard by the environmental advisory board from the comma-.of the environ-mensal advisory boas or chairman of the board of county commissior.ers. Sec 5.I3.7. Appeal. • • Any person 4-grieved by the decision of the county manager regarding any section of division 5.13 may file a wrir.en request for appeal,not later than ten days after said decision,with the environmental advisory board.The environmental advisory board will notify the aggrieved person and the county m?"eger of the date,time and place that such appeal shall be heard: such notification will be given 21 days prior to the hearing unless all parties waive this : requirement.The appeal will be heard by the environmental advisory board within 60 days of the subs ission of the appeal Ten days prior to the hearing the aggrieved person shall submit to the environmental advisory board and to the county manager copies of the data and=for nation he intends to use in his appeal.Upon conclusion of the hearing the envl-or.e-n._: advisorybear_'rill submit to the hoard of county c sioner s its facts,Endings and rec- ommendatiorit.The board of county com-,i«loners,in regular session,wiill mase the decision to affirm, overrule or mnr;ify the decision of the county mans ger in light of recommendations of the environmental advisory board. Sec. 5.13.5. Rembmsement of expenses. • Members of the E43 shall serve without compensation,but shall be entitled to receive reim- bursement mbursement fc:anile ses reasonably incurred in the performance of their duties upon prior approval of the board of county commissioners. • Sec. 5.13.5. Review process This board d-,11 be reviewed for major accomplishments and whether the board is serving the purpose for which it was casted once every four years commenting with 1995,in ate._.o_ with the p:ocedu-es entailed in Collier County Ordinance No.86-41(Code ch.2,artVi::,div. `( Lam. 5l:.4 EPTAB Assessment -- May 19, 1998 - Page 18 ATTACHMENT D ENABLING AUTHORITY DSAC COL=Coss'+;:CADE (dl Appointment of members to the committee serve at any =e.ezn5- after his position is de- shall be by resolution of the board of county mm- dared vac=-_ m.ssioners and such resolution shall set forth the date of appointment and the term of office of each (c) Ii say=ember cr the committee is absent • for more tna. the committee's meet- =ember. (Ord.No.93-76, §2) logs ever.van year,it shell be deemed that the member 1-.2.s tendered his resignation from such committee_The board of county commission- ' Sec. 2-1033. Terms of office. erg shall as sx= aspracticable after such resig- (a) The initial terms of office of the develop- nation,declare the pcsi_on to be vacant and shall ant services advisory committee members s'na1 promptly ac to vacancy. The committee mbe as follows: member shall net ser:e at any meetings after his • position has been declared vacant by the board of DIVISION 12.DEV'r LOPh NTSERVICES (1) Six members to serve for two years. county c•- °ion ars. ADVISORY COl til-1'r.E (2) Five members to serve for three years. (d) Ame_ber tithe mm .itee shall be deemed absent m a meeting when he is not present Sec. 2-1031. Created. (3) Four members to serve for four years. during leas:75-e e t of the meeting. -The county development services advisory scat- (b) Thereafter,each appointment or reappoint- (fid' Vo.9.2-75, 4) mittee is hereby seated to provide re?cr s and meet shall be for a term of four years.Terms of recommendations to the board of county m- office shall be limited to two consecutive terms of Sec. 2-1035. C=cers; quorum; rules of pro- stoners to assist in the enhancement of opera- service.Appointments to fill any vacancies on the tie u tional efficiency and budgetary accun'.abiiity committee shall be for the remainder of the un- within the community development se..-ros clivi- aspired term of office. (a) Antaualiy _e _e=be:Ship of the develop- son and to serve as a primary communication (0'r No.93-76,§ 3) ment ser ices a_r_ce^ committee shall elect achairman a== ..n merman from among tine link between the community development ser- members. C-cavy' terms sra,l be for one year vices division,the development indurny and the Sec. 2.1034. Removal from office; failure to with e i;gibi'_-_r for reelection. cti.ens of the county. attend meetings. (Ord.No.93-76, § 1) (b) Thepresence c: eight or more m+:sabers (a) Any member of the development services ad- shall =r_stitize a --_rum. A majority vote of Sec. 2-1032. Appointment and composition. v-sory mmmittee maybe removed from office,with those me-h—s-gin--r_ece vary to take action or without cause,by a majority vote of the board and t.---,- a :_•--s (a) The development services advisory core- of county commissioners. mittee shall be composed of 15 members. (c) The Mp_t ee shall,by majority vote of the (b) Members shall represent the ver ossa as- (b) In the event that any committeemember is entire mem:-nip, adept rules of procedure for absent from No consecutive committee meetings the t:•n_a c• :_tineas and shall keep a peels of the development thefo o-with one or=orewithout a satisfactoryexcuse ame ,.joie to the -t - - g members from each of the following nr'S4iFca- p` written re ,- �e ;s, resolutons, findings .-r:s:architect,generacant-actor,revel_.ta1 con- cmt,.e mie chairman, the committee chairman and determ=aliocommittee.Copies of allcommittee r^+n- ^S�h shall state such fact at the next regularly soloed- utes, resolutions, reocrs, and ehibits shall be tractor,envi.-onmentelist,land pl enter,land de- veio r landscape architect, rofession l e. teed cmmcttee meeting and shall thereafter no- submitted to the board of county commissioners. >� + p $^rear, ti:y,in writing, the community development ad- and utility cont-actor. r'^istrator or his designee of the committee (d) Clerical and re-scnaoie staff support shall (c) Members of the committee shall serve at the =ember's failure to attend without satisfactory be provided by the cc:=.ty development services pleasure of the board of county commisc:oners and excuse.The board of county commissioners shall division. shill be permanent residents and ele:.ors of the review the committee chairman's notification at a (Ord.No.93-75, § 5) qty. board meeting and shall declare the committee =ember's position to be vacant if the c^ cion Sec. 2-10355. Relmjeurseneent of eirpenses. •Cross referent-ft.—Buildings and building r��tiora, =.7.11-0 that the committee member was absent 22;development servim depazrrent f�'C s-:y ...cm two consecutive committee meetings v:ithout Members of the development services advisory mailers,=red homes and eh.86;planning,eh-1r. •' a satisfactory excuse and shall promptly fill the committeeserve without compensation,but Land development code reference—Devcioonent ser• ry T":=department,div.510. vacant position.The committee member shall not shall be entitled to receive reimbursement for - C 2:52 EPTAB Assessment May 19, 1998 - . Page 19 ATTACHMENT D (Cont.) 11031 COT T17 COUNTY CODE /r expenses reasonably incurred in the performance (8) To design a txhnical review/customer ser- • (4) To or have his designee attend,all of their duties upon prior approval of the board cf vice evaluation form for response by users city development services advisory com- munty commissioners. of the community development services di- . =n mee g_. (Ord.No.93-76,§6) vision. (Ord.No.93-76,§ 8) (9) To submit an annual report to the county Sec. 2-1037. Functions,powers and duties_ priministrator and the board of county corn- Sec. 2x1039. Review process. missioners which all all summarize findings • and issues doing the report year and the This cernmi es shall1:e reviewed once every The functions,powers and duties of the devel- four years ==en.c.Ing in 1997, in accordance :pment services advisory committee shall be as statu.sof their resolution. with the ro ccz ail ed in division 2 of this follows: (10) To review proposed ordinances and codes article. (1) To serve as a primary communication li^ that may affect the community develop- (Ord.No.93-7"c,§ 9) • between the community development ser- ment services division prior to their sub vices division and the development indus- try, natal to the board of county tom ion- try,which includes environmentalists, de- ers for approval. signers,developers and contractors involved (U) To perform or assist with any other fano- in both site work and building const,c- tion or duty as requested by the county tion. ariminiatrator or the board of county Com- (2) To make recommendations as to rules and 7n -loners. procedures to enhance the operational eE- (12) To adopt and amend guidelines to govern ciency and budgetary accountability which their meetings and operations, subject to may include plan review,permit issuance, the approval of the board of county pmm+c- inspections, code enforcement, contractor sioners. licensing,facility improvements and build- ing and development related fees. (13) The committee meetings shall be open to the public. (3) To identify concerns of the development (Cid.No.93-76,§7) industry and present them at regularly scheduled advisory committee meetings. (4) Tb provide input to staff regarding theSec. 2-1033. Duties of admini tor. creation of new rules,processes and proce- dures associated with the development in- The duties of the community development ser- dustry. rices division administrator or his designee sh?11 (5) To increase the awareness of adopted build- ing and development standards by promot- (1) To administer the activities of the county ing development industry educational pro- development services advisory cot'ittee grams. in accordance with establis'red polices and (6) To prepare and recommend to the board of guidelines of the board of county corn n'a- county commissioners technical and adin- aioners. m istr alive programs designed to enhance the (2) To provide technical information, county proficiency and customer services of the operational procedures and support rela- community development services division. tive to the community development activi- (7) To develop an advisory committee monitor- ties of the community development ser- ing e -ing program of the key review activities of aces division. the division for the purpose of providing (3) To assure that all reports, studies, plans, continuing feedback on both the quality etc.,are forwarded to the county ac;mir;s- and quantity of services rendered by the trator and the board of county comT1`ssion- division. era for their review. • 3 5 99.No.2 CLY_':5-i ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD do Natural Resources Department, Collier County Government June 8, 1998 Board of Collier County CommissionersT)F F I Barbara B. Berry, Chairman 3301 Tamiami Trail East Naples, FL 34112 RE: Natural resources-related budget recommendations for FY 1999. Dear Commissioners: Please find attached EPTAB's recommendations and prioritization of county work on natural resources projects for FY 1999. The recommendations are grouped in priority order by broad issue categories: Exotics, Water Resources, Environmental Planning, and Pollution Monitoring. The specific recommendations for 1999 may be summarized as follows: 1. Implement Nine Recommendations on Controlling Invasive Exotics: The nine include staff removal projects, PUD/GGE monitoring, educational brochure, and homeowner assistance. [see below for budget] 2. Water Conservation Plan [0.25 F 1'E of staff time in Natural Resource Dept.]. 3. Inadequate Stormwater Remediation [0.5 FTE of staff time in Stormwater Dept ] 4. Watershed Basin Management Plans [0.5 F fE of staff time in NRD; $1.4 million Stormwater] 5. Conservation/Open Space Plan [0.25 FTE in NRD; 0.25 FTE in Planning Dept.] 6. Camp Keais Strand NRPA [0.5 FTE in NRD] 7. Habitat Preservation Standards [0.1 FTE in NRD; 0.1 F 1E in Development Services] 8. Improve Inland Monitoring [no budget impact at this time] If you have any questions, please contact me. There will be a representative from EPTAB at the budget workshops also to help answer any question at that time. Respectfully submitted, Michael Simonik Chairman • MEMORANDUM TO: Board of Collier County Commissioners, Barbara B. Berry, Chairman Fr4 FROM: EPTAB, Michael Simonil:, Chairman RE: Natural Resource Issue Budget Recommendations for FY99 DA l'E: June 8, 1998 Invasive Exotic Plant Control Exotics control is an important issue on both private and county-owned lands throughout Collier County. Control must be encouraged and facilitated through a variety of approaches, many of which have been outlined as recommendations in the February, 1997 EPTAB report on invasive plants here. tiany of these recommendations have yet to be implemented or developed further. It is our present recommendation that the Natural Resources Department staff be used to help coordinate and facilitate many of these control efforts, including those originating in other county departments. EPTAB strongly supports funding the following work proposals on exotics control through county government: 1.) Natural Resources Department- act as internal consultant on county-wide exotics control efforts, both for County-owned property and private lands. Natural Resources Dept. as Exotics Coordinator in FY99: Present NRD staffing. 2.) Natural Resources Department - small exotics removal projects deemed critical or appropriate. In House Exotics Removal in FY99: $8000 and use present NRD staff. 3.)Parks and Recreation Department - EPTAB supports this department's request to fund removal of exotics at Sugden Park. Sugden Park Exotics Removalin FY99: $100,000 for contracted removal work. Assistance by NRD. 4.) Stormwater Management Department - contracted exotics removal along county-controlled waterways. County Waterways Exotics Removal in FY99: outside contractor, $80,000 through Stormwater. 5.) Code Enforcement Dept. - A program of systematic inspections of PUD's and Golden Gate Estates single family homes should be initiated this year. The frequency, as outlined in staff's May 28, 1997 "Exotics Management Implementation Strategy", should be once every three years. Other single family homes may not be economically feasible to inspect regularly. Total annual costs include staff and equipment, averaged over 3 years in 1997 dollars. This program would bring 98%of private urban and estates acreage into compliance. PUD/GGE Exotics Monitoring in FY99: $167,200 for 3.4 FTE's and equipment. ** Note: Golden Gate lots represent $119,200 of the above total inspection costs. In spite of this high cost, it is recommended to include this area in ap-essive control efforts especially because of the acute fire hazard presented by both abundant melaleuca and Brazilian pepper. 6.) Code Enforcement/Natural Resources Dept's - Comprehensively educate the public through direct- mailing of brochures. Additionally, implement other publicity tools including slide programs, workshops, videos, and exotic removal project events such as "Pepper Buster Days". Exotics Education Program in FY99: $31,500 for printing and mailing 60,000 brochures, including 60 hours of staff, plus $5000 for additional publicity tools (200 hours of staff time). 7.) Code Enforcement Dept. -Improve regular compliance inspections of Preserves and Conservation Easements on PLR's. This is principally an exotics check and wetland function verification. Therefore it should be done as part of the three-year exotics inspections listed above. PUD Preserves Monitoring in FY99: no additional costs above recommended 3.4 staff listed above. I ` /4 7 8.) Code Enforcement Dept. - Collect on foreclosed liened properties on weed/exotics Violations and put the money in exotics code enforcement. Exotics Lien Collection in FY99: no costs associated with such a policy. 9.) Code Enforcement Dept./Natural Resources Dept. - Provide homeowner assistance for exotics control through information, technical assistance, loans or other financial aid, or equipment loans. Criteria for eligibility would be needed. Exotics Homeowners Assistance in FY99: No information on costs - staff direction needed to explore. Water Resources Water supply for human and natural systems needs. adequate quality, and flood control are key elements and goals in a functional and effective Water Resources Stewardship Program. To address these primary elements, Collier County's Growth Management Plan requires three things: 1) Comprehensive Water Conservation Plan, including daytime watering ban; 2)Identification and Remediation of Inadequate Stormwater Systems: and 3) Watershed Management Plans for all the major basins in Collier County. The following EPTAB recommendations for water resources budgeting are based on these three requirements: 1.) Natural Resources Dept. - Develop and implement a Water Conservation Plan for all the unincorporated areas of the county. As part of this Plan there must be a Water Use Conservation Ordinance (daytime watering ban, essentially), an there should be a water conservation education program and building code requirements for plumbing and fixtures. The Florida Yards and Neighborhood program of the University of Florida should be better integrated into Collier efforts. Water Conservation Plan for FY 99: Allocation of 0.25 FTE staff time to accomplish- no new staff. 2.) Stormwater Management Dept. - Systematically identify inadequate stormwater treatment and management systems, and correct all deficiencies necessary to meet State water quality standards. Stormwater Management Dept. should identify inadequate stormwater systems in FY 99, then address necessary repairs or retrofitting in FY 00. Part of this task must include pollution prevention and public education. Therefore, promotion of the Florida Yards and Neighborhoods Program should be incorporated vigorously. Inadequate Stormwater Remediation for FY 99: 0.5 FTE in Stormwater Mgcut.Dept. 3.) Stormwater Management Dept./Natural Resources Dept. — As outlined in the CCME, comprehensive watershed management plans are needed for flood control and water supply protection, as well as estuarine and wetland ecosystem protection. All plans must balance natural resources needs with human needs, and are not solely flood control plans. The Big Cypress Basin is currently working on major basin studies, and Collier County is participating in the Gordon River Basin Study with them and the City of Naples. The Natural Resources Dept. needs to be more involved as the in-house environmental team, integrating resources data, planning, and management within each basin. Watershed Basin plans Budget for FY99: 0.5 FTE in Natural Resources Dept.; $300,000 from Stormwater Mgmt Dept. to complete the Gordon River Basin Plan; $700,000 for the Belle Meade Basin Plan, Phases 1 and 2 (mapping, and full engineering studies); BCC should plan for similar Basin Plan expenses annually, and enter into cooperative study agreements where possible, as was done with the Big Cypress Basin. Environmental Planning Because of the intense pressures from development, and the great public value and interest in the large and unique natural systems which characterize rural Collier County, now is an excellent time to pursue planning and protection mechanisms which will assure a quality lifestyle and functioning natural systems in the future. Some of R r'T the substance of these issues has been touched on in recent discussions amongst the BCC and staff over density reductions and ecosystem protection considerations. EPTAB is participating in the study of these options and will provide further comment soon. However, there are three key recommendations to be made during this budget discussion: 1.) Planning Services Dept./Natural Resources Dept. - Develop a comprehensive, county-wide Conservation Open Space Plan, including development criteria and zoning prescriptions for effecitive community building and natural system/open space preservation. Such a Plan would be invaluable as a resource to guide development away from key natural systems and resources, as well as providing both natural and recreational linkages amongst those systems, parks and open areas being established or preserved. Piecemeal permitting and project execution in this county is far too short-sighted for such a fast growing area. The citizens of Collier County stand to benefit tremendously by amplifying all the preservation, management and recreation efforts now being undertaken in relative isolation with little regard to linkage or maximizing overall benefits to the public. This recommendation is complementary to and even inclusive of the present efforts to establish rural develpment criteria and lower those densities. Conservation/Open Space Plan for FY 99: 0.25 FTE in the Planning Dept. and 0.25 FTE in the Natural Resources Dept. 2.)Natural Resources Dept. - Develop and adopt the Camp Keais Strand Natural Resource Protection Area. This NRPA should be implemented in cooperation and consultation with the landowners and the South Florida Water Management District, who are trying to address man-made flooding problems associated with this critical system. There are considerable habitat and water flow-way values here. Camp Keais Strand NRPA in FY99: 0.25 FTE in NRD. 3.) Natural Resources Dept./Development Services Dept. -Codify development criteria and standards for native vegetation and habitat on project sites. Use as a guide the requirements in the Coastal and Conservation Management Element of our GMP, and also input from all interested parties. All preservation should be encouraged to lie within the above recommended Conservation'Open Space Plan. Habitat Preservation Standards in FY99: 0.1 FTE in both Natural Resources and Development Services Dept.'s. Pollution Monitoring Agricultural, Residential and Commercial development brings increased potential for water resource contamination and modification. Such contamination can affect both the public water supply and the quality of essential water for natural systems. It is prudent and advisable to monitor for any deleterious effects to our water supplies as efficiently and effectively as possible. 1.)Pollution Control Dept. - Improve inland water system monitoring in the areas of: Ocaloacoochee Slough, Camp Keais Strand, and Lake Trafford. Maximize data sharing with other agencies collecting data and target waterway flow rate information in particular to assess nutrient loading situations. Improve Inland Monitoring in FY99: no additional resources until land use changes indicate additional needs for information. R FT Natural Resources Department This department is charged with implementing the natural resource protection programs outlined in the Conservation and Coastal Mgmt Element, among other things. Because of several factors, the NRD is not fulfilling enough of its Growth Management Plan mandates. Work program priorities must be set by the BCC to better reflect the requirements of the CCME , including exotics control, habitat preservation standards, water conservation planning, natural resource protection areas implementation, and watershed management planning. EPTAB recommends the BCC give NRD staff specific direction to pursue the clear, goal-oriented projects outlined here EPTAB also recommends that permitting and compliance technical support be shifted to Development Services staff and the 1.5 FTE be applied to the above specific efforts. The balance of NRD's budget is supported by EPTAB. Summary NRD Budget Recommendations for FY99: 2.0 FTE dedicated to work on above described specific projects under the budget line item called "Natural Resource Projects". The Technical Support 1.5 FTE should be reapplied to those same projects and permitting support should be shifted to Development Services staff _ . County environmental panel, s extinction --� Page 1 of 2 naples ws, a 7 .i ui t Front page I Local news I Weather I Entertainment I Classified I Community Naples I Bonita I Marco I Florida I Sports I Business I Real Estate I Neapolitan I Religion I Homes Naples/Collier news CaiY�e onov'an RCounty environmental panel EAL E TATE faces extinction Thursday,June 4,1998 By ERIC STAATS,Staff Writer A proposal to disband an embattled Collier County environmental r advisory board is back on the county's agenda. " N£ The duties of the Environmental Policy Technical Advisory Board BUILDERS! should be taken over by another county board called the Environmental Advisory Board, Natural Resources Director Bill Lorenz is recommending in a report to county commissioners. The idea goes to EPTAB members for their review Monday, then is scheduled for a vote by county commissioners Tuesday, June 23. EPTAB members fought off an effort last year to combine EPTAB with other county boards or make it a subcommittee, arguing that it • would be a loss for environmental protection efforts. Click "We felt our assessment was still valid and we needed to bring it Here forward, Lorenz said Wednesday, referring to a decision he made with Community Development and Environmental Services Administrator Vince Cautero. Your mortgage The subject is coming up as part of a required four-year review of the made committee. It is coinciding with a period of turmoil on the board, easy. bo which has seen commissioners appoint EPTAB critic Ty Agoston to `^ the board, a decision by its chairman to step down and a resignation by another member. Lorenz writes in his report that EPTAB's responsibilities overlap with W110 V other advisory committees and waste county staff members' time, that EPTAB's future role in county policymaking is fuzzy and that the county has had a hard time finding qualified members. Commissioners created EPTAB in 1991 to advise commissioners on !! o1.CFds R FEE new environmental laws and programs. ° " 'r° ` ' Lorenz wrote in his report that EPTAB is less necessary now than in 6/4/98 8:31:44 AM County environmental panel ;s extinction Page 2 of 2 1991. That's because commissioners have indicated they want less environmental data gathering and planning and because the county's natural resources department has shifted from developing new programs to maintaining waterways and providing technical assistance to other county departments, he wrote. He wrote that consolidating EPTAB and the Environmental Advisory Board would be more efficient. The EAB reviews individual development proposals for compliance with county environmental regulations. Former Board Chairman Brad Cornell wrote in his own report to commissioners that EPTAB and EAB should remain separate. "EAB's project review functions would paralyze much of the broader picture examination and advice necessary in any environmental stewardship effort," wrote Cornell, who also serves as president of the Collier Audubon Society. Cornell resigned his post as EPTAB chairman last month in light of criticism from commissioners that he has taken positions against county policies while at the same time serving as EPTAB chairman. Cornell remains on the board as a member. Another member, Bill McKinney, resigned from the board altogether, questioning whether commissioners are providing enough direction to the committee. "It is my opinion that EPTAB as a group of citizens, should be continually advising the Board of County Commissioners on all environmental policy matters," McKinney wrote in a May 13 resignation letter. "However, EPTAB has chosen to only report on those items it feels are politically correct, at a politically correct time and in a politically correct manner," he wrote. rA Feedback Comments?Questions?Suggestions?E-mail the website crew at info4naplesnews.com.You can also use our directory to e-mail our staff directly. Or, express your opinion in a letter to the editor. Entire contents © 1998 Naples Daily News. All rights reserved. Published in Naples, Florida. A Scripps Howard newspaper. 6/4/98 8:31:45 AM NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: Clerk to the Board/Minutes & Records FROM: Georgina Mausen, Senior Secretary ANatural Resources Department DATE:_ `' May 28, 1998 RE: Environmental Policy Technical Advisory Board (EPTAB) Recorded Meeting Minutes I am submitting the following cassette tapes to be filed by your office: 1. Two (2) from the 5/7/98 Budget Subcommittee meeting. 2. One (1) from the 5/11/98 Steering Committee meeting. 3. One (1) from the 5/13/98 Budget Subcommittee meeting. If you have any questions, please call me at 732-2505. gmm cc: EPTAB File WILLIAM E . J.Mc KINNEY 1898 MISSION DRIVE NAPLES, FL 34109 941-592-7124 888-391-8764 Chairperson May 13,1998 Environmental Policy Technical Advisory Board (EPTAB) I resign from EPTAB, effective immediately. I have worked to bring structure to the organization and to expand its involvement in different departments to build a stronger committee in the future. It is my opinion that EPTAB, as a group of citizens, should be continually advising the Board of County Commissioners (BCC) on all environmental policy matters. However, EPTAB has chosen to only report on those items it feels are politically correct, at a politically correct time, and in a politically correct manner. Perhaps this is due to the backgrounds of the leadership, or a failure of the BCC to provide direction. There have been no advisories in the past five months, during which the BCC has been in the news daily regarding environmental policy issues. I encourage the BCC to provide better leadership and structure to all advisory boards. After all, the advisory boards serve the BCC and if they are unproductive or fail to meet the needs of the BCC, it is the fault of the BCC. Respectfully Submitted, lid William E.J. McKinney RECEIVED MAY 1 L? i?2.8 NATURAL RESCUE yE4. DEPARTMENT Naples Daily News Local Pag Page 1 of 3 LOCAL MARCO i BONITA BUSINESS OPINION NEAPOLITAN SPORTS=REAL ESTATE i.FLORIDA i FAMILY&RELIGION i HOMES&GARDENS N AP L ESnewscogn I , Hancock hints at disbanding 110I on ita environmental advisory board 05/12/98 By ERIC STAATS, Staff Writer Naples Fertilizer and Garden A Collier County environmental advisory board should be disbanded Center f.. if it cannot improve its relationship with county commissioners, FREE IYEfiV Commissioner Tim Hancock said Tuesday. THE BEST SEFSUI DELE iiIVEYBOUND' Members of the Environmental Policy Technical Advisory Board have complained commissioners do not listen to their advice, and the board has been hobbled by infighting and shaken up by a string of Homeowners! resignations this week. C ! Committee members have fought off efforts in the past to combine EPTAB with other county boards or make it a subcommittee of other DiSCOVer NQS Finest boards, arguing that it would mean losing a place in the county's power structure. Hancock said he plans on attending a future EPTAB meeting to K1 CLICK HER E express his opinions about the board's function, but he has not received an invitation yet and a date has not been set. ONLINE "We're at a point if we're unable to resolve the difficulties within YELLOW EPTAB, one certainly needs to look at whether it needs to continue," PAGES Hancock said. "When you add it all up, there comes a time when you I s' HOVY YOU FIND IT either find a solution or you dissolve the board." Find any business. Anywhere,Anytime: He said the board has provided good input to the commission few 1111111111111 times but that most of the time, the group is not "working within the lenn policy arena" of commissioners. "It's just not a formula for success for an advisory board," Hancock said. EPTAB member Steve Bigelow, division president for Waste Management and general manager of the county's landfill, agreed with Hancock. "If we don't have an effective working relationship with that board, then we don't need to exist," he said during a tumultuous meeting of 05/13/1998 10:03:18 AM Naples Daily News Local Pag Page 2 of 3 EPTAB on Monday. Collier Audubon Society President Brad Cornell resigned as chairman of the group Monday, but will remain as a member of the board. Board member Bill McKinney resigned his chairmanship of two of the group's subcommittees Monday and walked out of the meeting without an explanation. Board member Maureen McCarthy said she is considering quitting, too. "My reason for resigning is simply that I believe EPTAB will communicate more effectively and accomplish more in relationship to the present Board of County Commissioners with someone else as chairman," Cornell wrote. Cornell has riled commissioners by suing the county over development outside the county's urban boundary in his capacity as Collier Audubon Society president. The Collier Audubon Society also has intervened on behalf of the state Department of Community Affairs in a challenge to parts of the county's growth management plan. EPTAB's troubles continued to bubble up Tuesday. Acting Chairman Michael Simonik wrote to commissioners asking for their support in removing Tibor "Ty" Agoston from the board. Commissioners appointed Agoston, a frequent critic of local environmental advocates, in February over the objections of most of EPTAB's members. In his letter, Simonik wrote that he planned on making a motion at EPTAB's next meeting that the board recommend to commissioners that they remove Agoston from the board. The letter cites Agoston's abstentions from votes and his stated intention not to learn about exotic plants and their effect on the environment. "I told myself I would give Ty three months," wrote Simonik, who works as environmental policy director at The Conservancy of Southwest Florida. "His three months are up and he has proven to me to be disruptive, unproductive and creating animosity between him and the members and among the members themselves." Agoston, a frequent presence at weekly County Commission meetings, came to the podium Tuesday and charged Hancock with checking up on his behavior at EPTAB meetings. 05/13/1998 10:03:20 AM ^ Naples Daily News Local Pag Page 3 of 3 "I'm tired of conservatives getting questioned to their very humanity," Agoston said. He said there was no reason to check up on him and that he resented it. Hancock charged back that he was not checking up on Agoston but had taken phone calls from some of the board's members who expressed concern about Agoston's behavior keeping the group from doing its job. "If you get in the way of that unnecessarily, not by just rendering your opinion, but by being a cog or a wrench in the works, then you're ineffective and you're wasting the time of other individuals," Hancock said. He warned Agoston that commissioners had the power to remove him from EPTAB. FRONT PAGE I NEWS I ENTERTAINMENT I CLASSIFIEDS I REAL ESTATE I INSIDE NAPLES Feedback ki Copyright©1998,Naples Daily News.All rights reserved. A SCRIPPS HOWARD NEWSPAPER 05/13/1998 10:03:20 AM RECEIVED Michael Simonik MAY 12 1Y9 455 13th Ave. South Naples, FL 34102 NATURAL RESOURCES 941-434-9736 DEPARTMENT May 12, 1998 Collier County Board of County Commissioners Collier County Government Center 3301 Tamiami Trail East Naples, FL 34112 Dear County Commissioners: I am writing to you, not as a representative from The Conservancy, but as a Collier County resident and member of the Environmental Policy Technical Advisory Board. I appreciate the opportunity to serve the County on EPTAB and have been the Vice-Chairman for the past two years. At last night's meeting, Brad Cornell resigned as Chairman, another member resigned as Chairman from two subcommittees, and even more members considered resignation from the Board. There has been a great deal of animosity amongst the members since the appointment of Mr. Ty Agoston to the Board. A majority of the Board voted against his inclusion as a recommendation to you prior to his approval. He has been a member for the last three months. I actually voted to recommend his appointment after personnally speaking with him regarding his intent to become a member. He assured me in no uncertain terms that he was there to help and would not be disruptive to the work of the Board. I believe everyone should have the opportunity to serve the community if they so desire. I don't believe that his experience necessarily qualifies him for appointment, but many on the current Board lack extensive biological education and experience. However, all of the members make it a point to learn and educate themselves on all the issues, except Mr. Agoston. As an example, Ty has publicly stated that he "knows nothing about exotics and has no intention to learn anything about them". He demonstrated his lack of knowledge at the BCC meeting this morning by creating a new tree called the "Brazilian Pine". He could not even recall the name of the Board he is appointed to, EPTAB. He has been present at the last three meetings but has hampered our progress and frankly is disruptive to the work of EPTAB. Ty has refused to vote on any motion and claims to abstain from all votes. This, I can't understand. I would have no problem with his vote if it were in opposition to mine or even the consensus of the Board, but to abstain on the approval of the minutes is ridiculous. I have given Ty the benefit of the doubt on numerous occasions, but last night he went too far and insulted County Staff. We were working with Code enforcement personnel when Ty asked how many complaint calls are "valid". Staff responded that a great majority of the calls are legitimate and valid, she said definitely more than 50 percent. He later commented that since code enforcement was wasting half their time and his tax dollars on invalid complaints that the staff should be cut in half and that there was obviously no need for the staff we have, let alone a budget request for one additional FTE. Thirteen investigators handle 2,000 complaints per month. I, for one, am impressed with their ability to handle this work load with minimal staff I don't think that 1,000 residents per month would be happy to learn that the County finds their concerns invalid and not worthy of a response. It seems as though EPTAB is forced to spend its time dealing with the comments of Mr. Agoston rather than doing good work for the community. He obviously enjoys inciting non-productive arguments during our meeting as he continues to do so every time he speaks. I told myself I would give Ty three months. His three months are up and he has proven to me to be disruptive, unproductive, and creating animosity between him and the members and among the members themselves. We have always had differing opinions in EPTAB and rarely have unanimous votes, but Ty's behavior serves to undermine the entire foundation of the group. I believe, we cannot accomplish our stated objectives with Mr. Agoston as a member. I intend to make a motion at our next meeting to recommend to the BCC that Mr. Agoston be removed from EPTAB. I hope that when the agenda item comes before you I can count on your support. Please call me if you wish to discuss this issue with me. I can be reached at home in the evenings at 434-9736 or at work at 403-4222. Sincerely, 72/ Michael Simonik • cc : Robert Fernandez, County Administrator Bill Lorenz, Director of Natural Resources ENVIROMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DA1h: May 11, 1998 PLACE: Collier County Government Complex Health and Community Services Building 2nd Floor, Room 216 TIME: 4:00 p.m. I. CALL MEETING TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES - April 13, 1998 IV. ANNOUNCEMENTS V. OLD BUSINESS a. Program Presentation - Code Enforcement b. Jan Stevens c. Invitation of Commissioner Hancock VI. STANDING COMMin:FES A. COMMITTEE REPORTS (1) Steering Committee - Bill McKinney (2) Resource Committee -Mike Simonik (3) Growth Management - Mike Delate L dNeN ; LCL A ., B. SPECIAL PROJECT COMMITTEE REPORTS (1) NRD Budget- Bill McKinney VII. NEW BUSINESS VIII. PUBLIC COMMENT Ca� C I ' 3 IX. ADJOURNMENTC13-t.3'kr-sn.60 .64) ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD SIGN IN SHEET May 11, 1998 EPTAB MEMBERS Ty Agoston /1").- Maureen McCarthy —/1 Steven Bigelow cBill McKinney affii Bradley Cornell ' Monty Robinson Mike Delate Michael Simonik /i Brenda C. Fogel G Jan M. Stevens Allen Kratz _-.AA" (.c9t)-A" ( ) Staff Members Name Department �GU t C��bso 1,5 /11 attellc a4/6 /kW'/1 CC de 451.- ellgaZLY tfr71^18- C&Th. Q, G 1 /)42*Tv/4/A,t� . s cxoe c&3 Public Name Minutes (yes/no) Address Phone No. DRAFT: 5/11/98 APPROVED: 6/08/98 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MAY 11, 1998 MINUTES PRESENT: Ty Agoston Mike Delate Bill McKinney Steven Bigelow Brenda Fogel Monty Robinson Brad Cornell Maureen McCarthy Mike Simonik EXCUSED ABSENCE: Allen Kratz ABSENT: Jan Stevens STAFF: Bill Lorenz (NRD) Georgina Mausen (NRD) Gail Gibson Michelle Arnold Kimberly Keohane (Pollution Control) (Code Enforcement) (Code Enforcement) PUBLIC: I. Meeting called to order. II. Roll call. III. Approval of meeting minutes - April 13, 1998: Approved 7:0 (Ty Agoston and Maureen McCarthy arrived later in the meeting). IV. ANNOUNCEMENTS Mike Simonik announced that on May 20th at noon Greg Jubinsky (FDEP) along with Judy Haner(Rookery Bay) will discuss "What's wrong with exotics?" at the Naples Nature Center Auditorium. Mike Simonik announced that the City of Naples will holding "Melaleuca Day" on May 16th. Melaleuca will be removed free of charge for residents who live in the city. EPTAB Minutes Cont. 5/11/98 Page 2 V. OLD BUSINESS a. Program Presentation - Code Enforcement: Michelle Edwards Arnold (Interim Code Enforcement Director) and Kimberly Keohane (Environmental Specialist II) gave an overview of the functions of the Code Enforcement Department. Handouts were provided to EPTAB members. b. Jan Stevens - Bill Lorenz reported that Jan Stevens is planning to submit his resignation from EPTAB to Sue Filson, Administrative Assistant to the BCC. Nothing has been received to date. c. Invitation of Commissioner Hancock- Brad Cornell has sent a letter to Commissioner Hancock dated April 30, 1998 inviting him to attend a regular meeting of EPTAB. Steve Bigelow made a motion to personally send Maureen McCarthy to firm up a date for Commissioner Hancock to attend a meeting with EPTAB. Passed 8:1. VI. STANDING COMMITTEES A. COMMITTEE REPORTS (1) Steering Committee - Bill McKinney: Had no report other than his resignation as Chairman of the Steering Committee. The next Steering Committee meeting is scheduled for June 8th at 3:30 p.m. in Room 216 on the rd floor. (2) Resource Protection - Mike Simonik: The meeting was canceled because the Alternative Development Group was meeting for the EIS Study in Fort Myers and Mike is the alternate for that group. He noted that at the DCA Administrative Hearing for the Comp. Plan, it was reported that EPTAB was another group who had recommended Camp Keais Strand become a NRPA and that the NRPA program continue. EPTAB Minutes Cont. 5/11/98 Page 3 The next Resource Protection meeting is scheduled for May 27th at 4:00 p.m. at the Central Library. (3) Growth Management - Mike Delate: No report was given, meeting was canceled. The next Growth Management meeting is scheduled for May 27th at 5:00 p.m. at the Central Library. B. SPECIAL PROJECTS COMMITTEE REPORTS (1) NRD Budget - Bill McKinney: Announced that he is resigning as Chairman from the Budget subcommittee and will serve as a member on the Resource subcommittee. The next NRD Budget meeting is scheduled for May 13th at 11:00 a.m. in the Resource Room at the Conservancy. VII. NEW BUSINESS Brad Cornell submitted his resignation as Chairman of EPTAB in a letter addressed to Mike Simonik dated May 11, 1998. Copies of the letter will be distributed to each County Commissioner and all EPTAB members. Maureen McCarthy made a motion that thanks Brad Cornell for his tireless service and for his unselfish act in resigning as Chairman of EPTAB for the better good of this community. Motion passed 8:1. Mike Simonik has agreed to serve as acting Chairman of EPTAB until next election in October. Mike Simonik made a motion that Brenda Fogel will serve as acting Vice Chairman of EPTAB until next election in October. Motion passed 8:1 VIII. PUBLIC COMMENT EPTAB Minutes Cont. 5/11/98 Page 4 IX. ADJOURNMENT - Meeting ended at 5:43 p.m. The next EPTAB meeting is scheduled for 6/8/98 at 4:00 p.m. SUMMARY OF ACTION EPTAB MEETING 5/11/98 MOTIONS (1) Steve Bigelow made a motion to personally send Maureen PASSED 8:1 McCarthy to firm up a date for Commissioner Hancock to attend a meeting with EPTAB. (2) Maureen McCarthy made a motion that thanks Brad PASSED 8:1 Cornell for his tireless service and for his unselfish act in resigning as Chairman of EPTAB for the better good of this community. (3) Mike Simonik made a motion that Brenda Fogel will serve PASSED 8:1 as acting Vice Chairman of EPTAB until next election in October. ACTION ITEMS (1) Maureen McCarthy will firm up a date with Commissioner Hancock to attend a meeting with EPTAB. SCHEDULED MEETINGS (1) EPTAB - June 8, 1998 at 4:00 p.m., Room 216 (2) Steering Committee - June 8, 1998 at 3:30 p.m., Room 216 (3) Resource Protection Committee - May 27, 1998 at 4:00 p.m., Central Library (4) Growth Management - May 27, 1998 at 5:00 p.m., Central Library (5) NRD Budget - May 13, 1998 at 11:00 p.m., Resource Room at the Conservancy eg2., er riq Memorandum To: EPTAB Members CC: Michelle Edwards-Arnold, Interim Code Enforcement Director From: Kimberly J. Keohane, Environmental Specialist II Date: May 11, 1998 Re: Code Enforcement Department(CED)Overview MISSON : To protect the public health,safety and welfare in all new and existing structures, residential and non-residential,and on all existing premises by enforcing applicable ordinances and codes as enacted by the Board of County Commissioners. RESPONSIBLITIES: The enforcement of approximately one hundred(100)County codes, ordinances and regulations. Although citizens' complaints take priority, investigations arc also made • during routine patrol and through pro-active efforts by investigative statT. Where violations arc detected, staff attempts to obtain voluntary compliance. Non-compliance results in prosecution efforts through the judicial system or the Code Enforcement Board. Penalties range from fines to criminal sanctions. SERVICES: CED provides the following services: • Investigating complaints other than health and safety issues within seventy-two(72)hours • Investigating immediately all health and safety issues brought to our attention • Providing public education concerning the various codes and ordinances within Collier County • Assisting citizens with compliance measures before resorting to prosecution • Assisting in the drafting of ordinances and laws regulating the construction industry • Assisting the public courteously and expeditiously with all matters related to code violations INVESTIGATOR'S CHECKLIST: • Verify violation by site visit&attempt to contact owner and/or occupant • If unable to contact owner/occupant, post red tag • Assess urgency and degree of violation (health,safety concerns)and determine appropriate remedy(repair/mitigate,emergency, condemnation,demolition) 1 May 11, 1998 • Assess legal or other complications(ownership,weather, scope of etc.)and refer to appropriate research tools • Determine reasonable compliance date& attempt to obtain voluntary compliance with owner • Recheck for compliance • If compliance, close case& if non-compliance,prepare case to present to appropriate enforcement authority • Attempt to contact complainant(if known)with status of case ENVIRONMENTAL INVESTIGATIONS: • Land Clearing, Filling& Vegetation Removal (wetlands uplands. exotic plants, agriculture) • Landscape Maintenance(minimum requirements pruning standards) • Storm Water Management Systems(maintenance, littoral plantings) • Water Quality (turbidity, sedimentation) • PUD Monitoring(environmental development stipulations) • Sea Turtle Lights Violations • Vehicles on the Beach • CCSL Violations • Special Treatment Lands(ST) Violations 2 - eP77L3 511( Ordinances, Alphabetical Listing by Subject Abandoned property 81-73, 88-45 Abandoned vehicles LDC, sec 2.6.7 ACSC (Area of Critical State Concern) LDC, see ST zone Access to public street from all buildings required LDC, sec 2.6.5 Access, use of residential property for prohibited LDC, sec 2.6.6 Accessory structures LDC, sec 2.6.2 Activity Centers (described) GMP, FLUE pg LU-I-29 Agricultural use, interim, in zones other than Ag LDC, sec 2.6.24 Aircraft (seaplane), approach w/in 500ft of beach prohib. 89-11 Airport rules & regs 90-29 Airport Authority Ord. 93-56 Airports, private LDC, sec 2.6.29 Air pollution State DEP (332-6975) Alcoholic beverages - exposure of private parts at establishments selling 77-62 - hours of sale 78-56 - locational restrictions for use LDC, 2.6.10 - possession or consumption in public 87-16, 87-73,89-67 Animal Control Ord. 93-56 Animals - dogs: - max number allowed in res. LDC, Definitions, see Kenneling - barking (Animal Control) 93-56 - endangered species Div 3.11 - Golden Gates Estates (accessory use) LDC, sec 2.2.3.2.2 - manatee protection LDC, sec 2.6.22 - prohibited in residential areas LDC, sec 2.6.23 Antennas: see Communications towers Automobile service stations, regs LDC, sec 2.6.28 - car sales prohibited at LDC, sec 2.6.28.13 Barrier islands, undeveloped LDC, Div 3.12.8 Beach access: see Parks Beach & water safety/ vessel control 89-11, 89-56, 96-28 Boathouses, private LDC, sec 2.6.21 Boats -as dwelling units LDC, sec 2.6.12 -parking (as major recreational equipment) LDC, sec 2.6.7.2 -parking (as major rec. eqpmt., Marco overlay) LDC, sec 2.6.7.5 Building Contractor Licensing Ord. 90-105, 92-61, 94-34 Building Construction Administrative Code 82-70, 91-56 Building permits, compliance process LDC, sec 2.7.6 Building Trades, Certificate of Competency required 90-105 Buildings, transportation of on county roads 85-14 - moving of buildings or structures LDC, sec 2.6.8 Camping, near Gulf of Mexico 94-1 Camping, prohibited on James Memorial Dr. 69-2 Carnivals, commercial, regulation of 75-11, 80-114 Care - Adult care living facility (ACLF) LDC, Defs - Adult day care center LDC, Defs & sec 2.6.26 - Care unit LDC, Defs - Child care center LDC, Defs - Extended care facility: see ACLF - Family care facility LDC, Defs & sec 2.6.26 - Family day care home LDC, Defs - Group care facility LDC, Defs & sec 2.6.26 - Group home LDC, Defs & sec 2.6.26 - Group housing LDC, Defs & sec 2.6.26 - Nursing home: see ACLF Caretaker's residences LDC, sec 2.6.16 Cemeteries, lots exempt from PSP, SIP LDC, sec 3.2.4.5. Certificate of Occupancy, compliance process LDC, sec 2.7.6 Cigarettes, sale of to minors prohibited 79-7 Coastal Zone Protection Ord., building requirements 87-20 Code Enforcement Board Ord. 92-80 Commercial vehicles, parking LDC, sec 2.6.7.3 Communications towers LDC, sec 2.6.35 Contractor Licensing: see Building Contractor Condominiums subject to LDC LDC, sec 2.6.17 Convenience stores 91-4 Cul-de-sac, lot on - setbacks, front LDC, Def., yard, front - lot width LDC, Def, lot meas., width Day care home: see Care Deed restrictions, no bearing on LDC, not enforced LDC, sec 2.6.18 Docks. private LDC, sec 2.6.21 Dolphins: see Porpoises Discontinuance of conforming use (90 days) LDC, sec 1.8.3 Discontinuance of nonconforming use (180 days) LDC, sec 1.8 Dumpsters/waste containers, location & screening LDC, sec 2.6.15 Dust control - construction sites 91-56, sec 103.6.4.2 - excavation LDC, sec 3.5.5.4.2 - other than construction sites State DEP (332-6975) Easements, approval for encroachments LDC, sec 3.3.5.1.3 Elevation, building 91-56, 103.2.1.d Escort services 89-37 Exotic plants - removal defined LDC, Defs - removal of on unimproved property 91-47 - removal of required for CO LDC, sec 3.3.5.1.3 Escort services 89-37 Explosives, rules of State Fire Marshal 73-11 Extended care facility: see Care, ACLF Family care facility: see Care Family day care home: see Care Farm labor housing LDC, sec 2.6.25 Fences LDC, sec 2.6.11 Festivals: see Music Fill: see Vegetation removal Firearms - dealers; prohibited as home occupation LDC, sec 2.6.20 (memo) - discharge of prohibited in certain areas 76-61, 77-43, 78-25 - discharge of prohibited in Golden Gate 79-102, 80-6 - discharge of, hunting 80-24 - possession of on James Memorial Parkway 70-10, 80-12 Fire & spark producing devices, regulating use of 76-7 Fish, exotic, possession of prohibited 82-3 Fish, mullet, commercial roe season regulations 91-19 Flagpoles LDC, sec 2.5.5.2.3.8 Flood Damage Protection Ordinance 86-26 as amended Fraternal Organization, parking for LDC, sec 2.3.16, see under private organizational club Groundwater resources/ wellfields 91-103 Group housing : see Care Growth Management Plan (GMP) 89-5 as amended Guardhouse (guesthouse), exempt from SDP req LDC, Div 3.3.3. (vi) Guesthouses LDC, 2.6.14 Hazardous buildings, defined 76-70 Height limitations: - airport zone/FAA LDC, sec 2.2.23 - exclusion from LDC, sec 2.6.63 - general LDC, div. 2.2 - measure of building height See Defs (bldg ht) Housing Ord. 89-06 Home occupations LDC, sec 2.6.20 Hunting cabin (CU in AG) LDC, sec 2.2.2.3.4 & Defs Hurricane shelters, in MH districts LDC, sec 2.2.10.6 Illegal Land Use: see Prohibited Use Intersections, visibility at LDC, sec 2.6.1 Kenneling LDC, see Definitions - as permitted use (agric. activity) in AG LDC, see AG zone - as conditional use in C-4 & C-5 LDC, see C-4 & C-5 zones Landscaping & buffering LDC, div 2.4 - buffers LDC, sec 2.4.7.4 Lawn sprinkling 87-28, 87-29, 89-80 Litter 88-45, 91-47 Liquor licenses LDC, sec 2.6.10 Lot area, reduction prohibited LDC, 2.1.13 Mobile homes - anchor& tiedown required 89-45 - hurricane shelter construction, wind loads LDC, sec 2.2.10.6.3 - nonconforming, improvements, additions to LDC, sec 1.8.11 - parking: see Recreational vehicles - as temporary residence in Ag zone LDC, sec 2.2.2.2.2.8 Model homes LDC, sec 2.6.33.4 Mullet: see Fish Music, outdoor festivals, regulations 70-1 I Motor homes: see Recreational vehicles Narcotics - related paraphernalia, sales prohibited 79-37 - related printed matter, sales prohibited 79-38 - related paraphernalia, advertising prohibited 79-39 Newsracks 93-12 (amends 86-85) Noise 90-17, 93-77 - airport noise areas LDC, sec 2.2.23.1 - car washes LDC, sec 2.2.15 '/2 .1 - excavation LDC, sec 3.5.5.4.2 - from Sunday construction work LDC, sec 1.5.5 Nonconformities: - airport nonconforming uses LDC, sec 2.2.23.3.4 - signs LDC, sec 2.5.9 & 2.5.10 - structures, uses LDC, sec 1.8 Numbering of structures, mandatory 79-92 Nursing home: see Care Occupational License 81-42, 89-55 - home occupation, license required LDC, sec 2.6.20 Open space requirements LDC, sec 2.6.32 Parks, county, use of 76-48, 81-3, 88-7, 87-3 Parking overlay, Marco LDC, sec 2.6.7.5 Parking, off-street LDC, sec 2.3 - aisle width, minimum LDC, sec 2.3.4.12.1 - H/C parking, spaces required LDC, sec 2.3.22.2 - H/C parking, space size, minimum LDC, sec 2.3.22.3.2 - shared LDC, sec 2.3.5 - space size, minimum LDC, sec 2.3.4.12.2 Parts, private, exposure of prohibited 77-62 Permitted uses & structures LDC, sec 1.5.6 Personnel Ord. 83-7 Planned Unit Development (P.U.D.) procedures LDC, sec 2.7.3 Plants, exotic, removal of 91-47 Porpoises (dolphins), capture& transport of prohibited 72-8 Portable toilets State HRS (FAC 10D6) Prohibited uses & structures LDC, sec 2.1.15 Provisional use, continuation of LDC, sec 2.1.18 Recreational vehicles, parking LDC, sec 2.6.7.2 - Marco parking overlay LDC, sec 2.6.7.8 Required space, multiple use prohibited LDC, sec 2.1.12 Required yards LDC, sec 2.6.4 - exceptions to required yards LDC, sec 2.6.4.2 - admin. variance for minor ATF encroachments LDC, sec 2.6.4.2.1 Rezoning procedures LDC, sec 2.7.2.12 Rights-of-way 93-64 Roadside sales prohibited LDC, sec 2.1.15 Seawalls 85-2, 85-26, 86-5 Septic systems State HRS (643-8449) Setbacks (required yards) LDC, sec 2.2 Sewer Use Ord. 91-69 Sexually Oriented Businesses 91-83 Signs LDC, sec 2.5 - Unified Sign Plan (USP) LDC, sec 2.8.3.6 Site Development Plans (SDP) LDC, Div 3.3. - exceptions LDC, Div 3.3.3. - exemptions for land design Ag per FLU LDC, Div 3.3.4. Site clearance/alteration LDC, sec 3.2.8.3.6 Site improvement w/out building permit prohibited LDC, Sec 2.7.6.5 Sludge, transport of 87-79 Solicitation of contributions in public prohibited LDC, sec 2.1.15.2, 76-57 Sporting camp (CU in AG) LDC, sec 2.2.2.3.20 & Defs Sunday work (noise from construction activity) LDC, sec 1.5.5 Swimming pools, public 77-51 Temporary use permits LDC, sec 2.6.33 - model homes & model sales centers LDC, sec 2.6.33.4 - motion picture/TV production LDC, sec 2.6.33.8 - temporary construction & development LDC, sec 2.6.33.3 - temporary signs allowed in conjunction with LDC, sec 2.5.5.2.3.9 - temporary sales LDC, sec 2.6.33.6 - signs allowed LDC, sec 2.6.33.6.2 - temporary seasonal sales LDC, sec 2.6.33.7 - signs allowed LDC, sec 2.6.33.7.4 - temporary sports, community, religious events LDC, sec 2.6.33.9 Tent, as accessory use to hotel in Pelican Bay 90-66 (amends 77-18) Toy vehicles (skateboards, in-line skates, cycles, etc.) - use of on shopping center sidewalks prohibited 92-69 Trades: see Building trades Transfer of development rights (ST) Ultralight vehicles (aircraft), prohibited operation of LDC, sec 2.2.24.11 Urban Designated Area Variance, flood zone (FDPO) GMP, Defs Variance procedures (LDC only) 86-28 as amended LDC, sec 2.7.5 - admin.variance, minor yard encroachments ec- admin. variance, minor structural improvements LDC, sec 2.6.4.3 1 - coastal construction setback line LDC, Div 3.13 Vegetation removal Vehicle for hire LDC, sec 3.9 -14 Vehicle on beach (permit required) 93 LDC,, Vessel control: see Beach & Water Safety Div 3. 13 Weeds Zoning Districts 91-47 - groupings, defined LDC, sec 2.2 Zoning Reevaluation Ordinance (ZRO) LDC, sec 2. 1. 14 90-23 Y/17 EPT6 6cks,_ 3. Improvements for roadway, motor vehicle and non-motor vehicle traffic circulation, ingress and egress, parking and other transportation needs, including traffic calming devices, required or as may have been specified during the preliminary site development plan review, prepared in conformance with section 3.2.8.4 to subdivision design requirements (for purposes of this requirement. all references to in section 3.2.8.4 to "subdivision" should be read to mean development, where applicable and appropriate). 4. Non-motor vehicle circulation is defined as movement by persons on foot. bicycle or-gay other human-powered device. Non-motor vehicle circulation shall be considered satisfactory where sidewalks and bicycle facilities are provided in a fashion no less comprehensive than as outlined under LDC 2.8.3.4 and 3.2.8.3.17. Exceptions to these requirements shall be considered only when a remonstrance is demonstrated. 5. Special attention shall be given to the needs of the disabled as prescribed by the Americans With Disabilities Act of 1990. An absence of obstructions in the public right of way would include providing landscape buffers in such a way as to not create a barrier (a "moat" effect) to the adjacent parcel and providing a crosswalk at any intersection where the distance to the nearest crosswalk is greater than 1000 feet. 9. 8, 10.9 11.48- SUBSECTION 3.G: AMENDMENTS TO VEGETATION REMOVAL, PROTECTION AND PRESERVATION Division 3.9, Vegetation Removal, Protection and Preservation, of Ordinance 91- 102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.9 VEGETATION REMOVAL, PROTECTION AND PRESERVATION RENEWAL OF AGRICULTURAL CLEARING PERMIT 3.9.5.5.5. Bonifide agriculture (as set forth in section 2.2.2.2.1.2) shall be exempt from the above preservation requirements provided that any new clearing of land for agriculture shall not be converted to nonagricultural development for at least ten years. And meets the requirements of section 2.6.21. For any such conversions in less than ten years, the converted land will be restored with native vegetation to the degree required by this code at the time the clearing occurred. The Community Development & Environmental Services Administrator or his/her designee, may grant exemptions for certain types of land uses on agriculturally Words std are deleted,words underlined are added. 45 .,/,‘ISA- ,/,c Iffr zoned property where it is in the best interest of the general public to allow expansion or development of the land in lieu of preservation of existing native vegetation. The Board of County Commissioners may grant exemptions to the above preservation requirements for essential public services where it is in the best interest of the general public to allow expansion or development of the land in lieu of preservation of existing native vegetation. SECTION 3.H: AMENDMENTS TO DEFINITIONS SECTION Division 6.3 Definitions, of Ordinance 91-102, as amended, the Collier County - i Land Development Code, is hereby amended to read as follows: DIVISION 6.3. DEFINITIONS Dwelling, Single-Family or One-Family: A building which 1) contains only one (1) dwelling unit; 2) is intended, designed, used and occupied by no more than one (1) family; 3) meets the minimum width across any front, side or rear elevation of twenty- four (24) feet; and 4) meets the minimum floor area and maximum height requirements of this Code. The following conditions are as much a part of the definitions as the principal definition: a. The dwelling shall comply with the minimum square footage requirements for single-family dwellings of this Code for the district in which it is located. b. The dwelling shall be connected to a public sewer and water supply or to such private facilities approved by the County Health Department. c. The term single-family dwelling may include manufactured homes when placed on permanent foundation. Manufactured homes must meet minimum width, minimum square footage, maximum height and all other requirements applicable to on-site built dwellings. d. On-site built as well as manufactured homes must be firmly attached to a permanent foundation constructed on the site in accordance with the County Building Code. e. In the event that a dwelling is a mobile home, it must comply with minimum width and minimum square footage and must be secured to the premises by an anchoring system or device complying with the rules and regulations of the Florida Mobile Home Commission. Each mobile home shall be installed with the wheels under carriage or chassis A mobile home complying with the rules and regulations of the Florida Mobile Home Commission shall not be considered a single family dwelling. f. A mobile home shall not be permitted in zoning districts which allow single family dwellings as permitted uses unless the term mobile home is expressly stated as a permitted or conditional use. Rural Subdivision: The division of a parcel of land within the rural area as defined herein, whether improved or unimproved, into two three or more contiguous parcels of land each of which is five acres or greater, and not including any change in a public street, rights-of-way or access easement. The following prior or future divisions of land shall constitute the subdivision of rural lands: (a) Lots or parcels within the rural area that are a lot(s) of record as defined herein and identified on the tax roll as of June 1, 1998 or valid contracts for deeds as of the same date, provided they have a private easement reserved or recorded in the public records or a public or private right-of-way that has access to an easement as of June 1, 1998; or, Words stfuelrAlwough are deleted,words underlined are added. 46 ^ ^ ORIGIN: Community Development& Environmental Services AUTHOR: Barbara S. Burgeson, ES II and Robert J. Mulhere AICP,Planning Services Director DEPARTMENT: Planning Services LDC PAGE: 3:132 LDC SECTION: 3.9.5.5.5 CHANGE: Language changed in Section 3.9.5.5.5 to allow for Administrative exemptions to the preservation requirements in 3.9.5.5. REASON: To give exemptions to specifically identified property owners, so that they do not have to protect any required percentage of existing native vegetation. This is done in cases of extreme hardship such as the Naples Memorial Gardens Cemetery which is the only cemetery in Naples and needs to expand to the maximum extent possible,to service the residents. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. 3.9.5.5.5. Bonifide agriculture (as set forth in section 2.2.2.2.1.2) shall be exempt from the above preservation requirements provided that any new clearing of land for agriculture shall not be converted to nonagricultural development for at least ten years. • == - =- .• - - - -- • - - 2.6.24. For any such conversions in less than ten years, the converted land will be restored with native vegetation to the degree required by this code at the time the clearing occurred. The Community Development & Environmental Services Administrator or his/her designee may grant written exemptions to the above preservation requirements. on agriculturally zoned property. for essential public services (as provided for in Section 2.6.9) and cemeteries. where it is in the best interest of the general public to allow expansion or development of the land in lieu of preservation of existing native vegetation, 3.9.5.5.5.LDC AMENDMENT/BSB/md/H:MARIE'S LDC - i ZONING § 2.2.1.4.3 Sec. 2.2.1. Golf course district (GC). 2.2.1.1. Purpose and intent. The purpose and intent of this district is to provide lands for golf courses and normal accessory uses to golf courses, including certain uses of a commercial nature. This GC district shall be in accordance with the urban mixed use district and the agricultural rural district of the future land use element of the Collier County growth management plan. 2.2.1.2. Permitted uses. The following uses are permitted as of right, or as uses acces- sory to permitted uses, in the golf course district (GC). 2.2.1.2.1. Permitted uses. 1. Golf courses. 2.2.1.2.2. Uses accessory to permitted uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the GC district. 2. Recreational facilities that serve as an integral part of the permitted use, including but not limited to clubhouse, community center building, prac- tice driving range, shuffleboard courts, swimming pools and tennis facil- ities, snack shops and restrooms. 3. Pro shops with equipment sales up to 1,000 square feet in size; restau- rants with a seating capacity of 150 seats or less and shall serve patrons no later than 10:00 p.m. 4. A maximum of two residential dwelling units for use by golf course em- ployees in conjunction with the operation of the golf course. 2.2.1.3. Conditional uses. The following uses are permissible as conditional uses in the GC district, subject to the standards and provisions established in division 2.7.4. 1. Commercial establishments oriented to the permitted uses of the district including gift shops; pro shops with equipment sales in excess of 1,000 square feet; restaurants with seating capacity of greater than 150 seats; cocktail lounges,and similar uses,primarily intended to serve patrons of the golf course. 2.2.1.4. Dimensional standards. The following dimensional standards shall apply to all permitted, accessory and conditional uses in the golf course district (GC). 2.2.1.4.1. Minimum lot area. Not applicable. 2.2.1.4.2. Minimum lot width. Not applicable. 2.2.1.4.3. Minimum yard requirement.A 50-foot yard setback requirement together with landscaping and buffering pursuant to section 2.4.7.4, buffer type B, shall be provided adjacent to any residential district which is contiguous to the area of the golf course upon which is located the clubhouse and all related activities to the clubhouse, and adjacent to all maintenance buildings. The length of the buffer shall be of a sufficient distance to block the view of recreational activ- ities, parking and any activities relative to any other buildings, structures or outside activities from contiguous residences. Supp. No. 1 LDC2:11 - i § 2.2.1.4.4 COLLIER COUNTY LAND DEVELOPMENT CODE 2.2.1.4.4. Maximum height. 35 feet. 2.2.1.4.5. Maximum density. Not applicable. However, a maximum of two residential units for use by golf course employees in conjunction with the operation of the golf course as described in the uses accessory to permitted uses may be allowed in the district. 2.2.1.4.6. Distance between structures. Not applicable. 2.2.1.4.7. Minimum floor area. Not applicable. 2.2.1.4.8. Minimum lot coverage. Not'applicable. 2.2.1.4.9. Minimum off-street parking. As required in division 2.3. 2.2.1.4.10. Lighting. The maximum height of lights shall be 25 feet except as otherwise provided for during the review and approval of a site development plan.Lights shall be located and designed so that no light is aimed directly toward property designated residential, which is located within 200 feet of the source of the light. 2.2.1.4.11. Landscaping. As required in division 2.4. 2.2.1.5. Signs. As required in division 2.5. (Ord. No. 92-73, § 2) Sec. 2.2.2. Rural agricultural district (A). 2.2.2.1. Purpose and intent. The purpose and intent of the rural agricultural district(A) is to provide lands for agricultural,pastoral, and rural land uses by accommo- dating traditional agricultural, agricultural related activities and facilities, support facilities related to agricultural needs, and conservation uses. Uses that are generally considered compatible to agricultural uses that would not endanger or damage the agricultural, environmental, potable water, or wild- life resources of Collier County, are permissible as conditional uses in the A district. The A district corresponds to and implements the rural agricultural land use designation on the future land use map of the Collier County growth management plan, and in some instances, may occur in the designated urban area.The maximum density permissible in the rural agricultural district within the urban mixed use district shall be guided, in part, by the density rating system contained in the future land use element of the Collier County growth management plan. The maximum density permissible or permitted in a dis- trict shall not exceed the density permissible under the density rating system. The maximum density permissible in the rural agricultural district within the agricultural/rural district of the future land use element of the Collier County growth management plan shall be consistent with and not exceed the density permissible or permitted under the agricultural/rural district of the future land use element. 2.2.2.2. Permitted uses. The following uses are permitted as of right, or as uses acces- sory to permitted uses, in the rural agricultural district (A). 2.2.2.2.1. Permitted uses. 1. Single-family dwelling. Supp. No. 1 LDC2:12 - a ZONING § 2.2.2.2.1 2. Agricultural activities, including, but not limited to: crop raising; dair- ying; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping;poultry and egg production; milk production; live- stock raising; and animal breeding, raising, training, stabling or ken- neling, and aquaculture for native species subject to State of Florida game and freshwater fish commission permits. 3. Wholesale reptile breeding and raising (non-venomous), subject to the following standards: a. Minimum ten acre parcel size; b. Any roofed structure used for the shelter and/or feeding of such reptiles shall be located a minimum of 100 feet from any lot line. 4. Wildlife management, plant and wildlife conservancies, wildlife refuges and sanctuaries. 5. Conservation uses. 6. Oil and gas exploration subject to state drilling permits and Collier County site development plan review procedures. 7. Family care facilities, subject to section 2.6.26. 8. Communications towers up to specified height, subject to section 2.6.35. Supp. No. 1 LDC2:12.1 - i ZONING § 2.2.2.2.2 2.2.2.2.2. Uses accessory to permitted uses. 1. Uses and structures that are accessory and incidental to the uses per- mitted as of right in the A district. 2. Farm labor housing, subject to section 2.6.25. 3. Retail sale of fresh, unprocessed agricultural products; grown primarily on the property and subject to a review of traffic circulation,parking,and safety concerns pursuant to the submission of a site improvement plan as provided for in section 3.3.5.1. 4. Packinghouse or similar agricultural processing of farm products pro- duced on the property subject to the following restrictions: a. Agricultural packing, processing or similar facilities shall be lo- cated on a major or minor arterial street, or shall have access to an arterial street by a public street that does not abut properties zoned ASF-1, RSF-6, RMF-6, RMF-12, RMF-16, RT, VR, MH, TTRVC and PUD or residentially used. b. A buffer yard of not less than 150 feet in width shall be provided along each boundary of the site which abuts any residentially zoned or used property, and shall contain an Alternative B type buffer as defined within division 2.4 of this code. Such buffer and buffer yard shall be in lieu of front, side, or rear yards on that portion of the lot which abuts those districts and uses identified in section 2.2.2.2.2(4)(a). c. The facility shall emit no obnoxious, toxic, or corrosive dust, dirt, fumes,vapors,or gases which can cause damage to human health,to animals or vegetation, or to other forms of property beyond the lot line of the use creating the emission. d. A site development plan shall be provided in accordance with divi- sion 3.3 of this code. 5. Extraction or earthmining,and related processing and production subject to the following criteria: a. The activity is clearly incidental to the agricultural development of the property. b. The affected area is within a surface water management system for agricultural use as permitted by the South Florida Water Manage- ment District. 6. Guesthouses, subject to section 2.6.14. 7. Private boathouses•and docks on lake, canal or waterway lots, subject to section 2.6.21. 8. Use of a mobile home as a temporary residence while a permanent single- family dwelling is being constructed, subject to the following: a. Receipt of a temporary use permit from the development services director pursuant to division 2.6.33, that allows for use of a mobile home while a permanent single-family dwelling is being built; LDC2:13 - a § 2.2.2.2.2 COLLIER COUNTY LAND DEVELOPMENT CODE b. Assurance that the temporary use permit for the mobile home will expire at the same time of the building permit for the single-family dwelling,or upon the completion of the single-family dwelling,which- ever comes first; c. Proof that prior to the issuance of a final certificate of occupancy for the single-family dwelling, the mobile home is removed from the premises; and d. The mobile home must be removed at the termination of the per- mitted period. 9. Use of a mobile home as a residence in conjunction with bona fide agri- cultural activities subject to the following: a. The applicant shall submit a completed application to the site de- velopment review director, or his designee, for approval of a tempo- rary use permit to utilize a mobile home as a residence in conjunc- tion with a bona fide commercial agricultural activity as described in section 2.2.2.2.1(2). Included with this application shall be a con- ceptual plot plan of the subject property depicting the location of the proposed mobile home; the distance of the proposed mobile home to all property lines and existing or proposed structures; and, the lo- cation, acreage breakdown, type and any intended phasing plan for the bona fide agricultural activity. b. The receipt of any and all local, state, and federal permits required for the agricultural use and/or to place the mobile home on the subject site including, but not limited to, an agricultural clearing permit, building permit(s), ST permits, and the like. c. The use of the mobile home shall be permitted on a temporary basis only, not to exceed the duration of the bona fide commercial agri- cultural activity for which the mobile home is an accessory use. The initial temporary use permit may be issued for a maximum of three years, and may, upon submission of a written request accompanied by the applicable fee,be renewed annually thereafter provided that there is continuing operation of the bona fide commercial agricul- tural activities. d. The applicant utilizing, for the bona fide commercial agricultural activity, a tract of land a minimum of five acres in size. Any prop- erty lying within public road rights-of-way shall not be included in the minimum acreage calculations. e. A mobile home, for which a temporary use permit in conjunction with a bona fide commercial agricultural activity is requested,shall not be located'closer than 100 feet from any county highway right- of-way line, 200 feet from any state highway right-of-way, or 500 feet from any federal highway right-of-way line. 10. Recreational facilities that serve as an integral part of a residential de- velopment and have been designated, reviewed and approved on a site development plan or subdivision master plan for that development. Rec- reational facilities may include but are not limited to golf course, club- LDC2:14 - a • ZONING § 2.2.2.3 house, community center building and tennis facilities, parks, play- grounds and playfields. 2.2.2.3. Conditional uses. The following uses are permitted as conditional uses in the rural agricultural district (A), subject to the standards and procedures estab- lished in division 2.7.4. 1. Extraction or earthmining, and related processing and production not incidental to the agricultural development of the property. 2. Sawmills. 3. Zoo, aquarium, aviary, botanical garden, or other similar uses. 4. Hunting cabins. 5. Aquaculture for nonnative or exotic species, subject to State of Florida game and freshwater fish commission permits. 6. Wholesale reptile breeding or raising (venomous). 7. Churches and other places of worship. 8. Private landing strips for general aviation, subject to any relevant state and federal regulations. 9. Cemeteries. 10. Schools, public and private. 11. Child care centers and adult day care centers. 12. Collection and transfer sites for resource recovery. 13. Communication towers above specified height, subject to section 2.6.35. 14. Social and fraternal organizations. 15. Veterinary clinic. 16. Group care facilities (category I and II); care units; and nursing homes, subject to section 2.6.26. 17. Golf courses and/or golf driving ranges. 18. Oil and gas field development and production subject to state field devel- opment permits. 19. Sports instructional schools and camps. 20. Sporting and recreational camps. 21. Retail plant nurseries subject to the following conditions: a. Retail sales shall be limited to the sale of plants,decorative products such as mulch or stone, fertilizers, pesticides, and other products and tools accessory to or required for the planting or maintenance of said plants. b. The sale of large power equipment such as lawn mowers, tractors, and the like shall not be permitted in association with a retail plant nursery in the rural agricultural district. Supp. No. 1 LDC2:15 - i • § 2.2.2.3 COLLIER COUNTY LAND DEVELOPMENT CODE 22. Asphaltic and concrete batch making plants subject to the following con- ditions: a. Asphaltic or concrete batch making plants may be permitted within the area designated agricultural on the future land use map of the future land use element of the growth management plan. b. The minimum site area shall not be less than ten acres. c. The site shall gain its principal access from a street designated collector or higher classification of road as designated by the future traffic circulation element of the growth management plan. d. Raw materials storage,plant location and general operations around the plant shall not be located or conducted within 100 feet of any exterior boundary. e. The height of raw material storage facilities shall not exceed a height of 50 feet. f. Hours of operation shall be limited to two hours before sunrise to sunset. g. The minimum setback from the principal road frontage shall be 150 feet for operational facilities and 75 feet for supporting administra- tive offices and associated parking. h. An earthen berm achieving a vertical height of eight feet or equiv- alent vegetative screen with 80 percent opacity one year after issu- ance of certificate of occupancy shall be constructed or created around the entire perimeter of the property. i. Compliance with all applicable ordinances of Collier County partic- ularly the Wellfield Protection Ordinance No. 91-103 [div. 3.16 of this land development code] and the Noise Ordinance No. 90-17 [Code ch. 54, art. IV]. j. The plant shall not be located: (1) Within the Greenline Area of Concern for the Florida state park system as established by the department of natural re- sources (DNR); (2) Within the Area of Critical State Concern as depicted on the future land use map; (3) Within 1,000 feet of a natural reservation; (4) Within any county,state or federal jurisdictional wetland area. 23. Cultural,educational,or recreational facilities and their related modes of transporting participants,viewers or patrons where applicable,subject to all applicable federal, state and local permits. 2.2.2.4. Dimensional standards. The following dimensional standards shall apply to all permitted,accessory,and conditional uses in the rural agricultural district(A). 2.2.2.4.1. Minimum lot area. Five acres. Supp. No. 1 LDC2:16 ZONING § 2.2.3.2.1 2.2.2.4.2. Minimum lot width. 165. 2.2.2.4.3. Minimum yard requirements. 1. Front yard. 50 feet. 2. Side yard. 30 feet. 3. Rear yard. 50 feet. 4. Yard requirements for nonconforming lots of record. a. Front yard. 40 feet. b. Side yard. Ten percent of the lot width, not to exceed a maximum of 20 feet on each side. c. Rear yard. 30 feet. 2.2.2.4.4. Minimum floor area. 550 square feet for single-family dwelling units. 2.2.2.4.5. Maximum height. 30 feet, except as provided in section 2.6.3. 2.2.2.4.6. Maximum density. One dwelling unit for each five acres. 2.2.2.4.7. Off-street parking. As required in division 2.3. 2.2.2.4.8. Landscaping. As required in division 2.4. 2.2.2.5. Signs. As required in division 2.5. (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 94-27, § 3, 5-18-94; Ord. No. 94-58, § 3, 10-21-94) Sec. 2.2.3. Estates district (E). 2.2.3.1. Purpose and intent. The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi-rural and rural character of the E district. The E district corresponds to and implements the estates land use designation on the future land use map of the Collier County growth management plan, although in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the growth management plan or as provided under the Golden Gate Master Plan. 2.2.3.2. Permitted uses. The following uses are permitted as of right, or as uses acces- sory to permitted uses, the estates district (E): 2.2.3.2.1. Permitted uses. 1. Single-family dwelling. 2. Family care facilities, subject to section 2.6.26. Supp. No. 1 LDC2:17 • § 2.2.3.2.2 COLLIER COUNTY LAND DEVELOPMENT CODE 2.2.3.2.2. Uses accessory to permitted uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the E district. 2. Field crops raised for the consumption by persons residing on the prem- ises. 3. Keeping of fowl or poultry, not to exceed 25 in total number, provided such fowl or poultry are kept in an enclosure located a minimum of 30 feet from any lot line, and a minimum of 100 feet from any residence on an adjacent parcel of land. 4. Keeping of horses and livestock (except for hogs), not to exceed two such animals for each acre, and with no open feedlots.Any roofed structure for the shelter and feeding of such animals shall be a minimum of 30 feet from any lot line and a minimum of 100 feet from any residence on an adjacent parcel of land. 5. One guesthouse, subject to section 2.6.14. 6. Recreational facilities that serve as an integral part of a residential de- velopment and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include but are not limited to golf course, clubhouse, community center building and tennis facilities, parks, play- grounds and playfields. 2.2.3.3. Conditional uses. The following uses are permissible as conditional uses in the estates district (E), subject to the standards and procedures established in division 2.7.4: 1. Churches and other places of worship. 2. Social and fraternal organizations. 3. Child care centers and adult day care centers. 4. Schools, public and private. 5. Group care facilities (category I); and nursing homes, subject to section 2.6.26. 6. Category II group care facilities and care units (subject to section 2.6.26) only when tenancy of the person or persons under care would not: a. Constitute a direct threat to the health or safety of other individ- uals; b. Result in substantial physical damage to the property of others; or c. Result in the housing of individuals who are engaged in the current, illegal use of or addition to a controlled substance, as defined in section 802 of title 21, U.S. Code. 2.2.3.4. Dimensional standards. The following dimensional standards shall apply to all permitted, accessory, and conditional uses in the estates district: 2.2.3.4.1. Minimum lot area. Two and one-fourth acres. Supp. No. 1 LDC2:18 Bradley Cornell 556 109th Avenue,North Naples, FL 34108 May 11, 1998 Michael Simonik, Vice-Chairman Environmental Policy Technical Advisory Board do Collier County Natural Resources Department 3301 Tamiami Trail East Naples, FL 34112 Dear Michael: With this letter I wish to resign my current elected position as chairman of EPTAB at the end of the May 11 regular meeting. As vice-chairman, I believe you would move into the chairmanship. I do intend to complete my term of appointment, however, as a member of the board. My reason for resigning is simply that I believe EPTAB will communicate more effectively and accomplish more in relationship to the present Board of County Commissioners with someone else as chairman. I look forward to continuing to serve with you and the rest of the EPTAB board in advising our county commission on behalf of the citizens of Collier County and our unique natural resources. Sincerely, Bradley Cl • cc: EPTAB members Barbara Berry, Chairman of BCC, and BCC members Bill Lorenz, Director of NRD ENVIRONVL TAL POLICY TECHNICAL ADVIsuRY BOARD c/o Natural Resources Department Collier County Government Center, Health Building Naples, FL 34112 April30, 1998 Commissioner Timothy Hancock Collier County Board of Commissioners 3301 Tamiami Trail East ' Naples, FL 34112 Dear Commissioner Hancock: I am writing on behalf of the members of your Environmental Policy Technical Advisory Board(EPTAB)to invite you to an upcoming regular meeting of ours, at your convenience. Our regular meeting time is the second Monday of each month at 4:00pm in the classroom on the second floor of the Health Building. I welcome your questions or comments any time concerning our agenda, or any other EPTAB issues. We hope to see you soon. Very sincerely, Bradley Come Chair, EPTAB NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: Michelle Arnold, Interim Code Enforcement Director John H. Boldt, P.E., P.L.S., Stormwater Management Director Bob Mulhere, Planning Services Director David Russell, Solid Waste Director George Yilmaz, Pollution Control Director FROM: William D. Lorenz, Jr., E., Director DATE: April 16, 1998 RE: EPTAB -Budget Recommendation Please note the attached report to EPTAB by Bill McKinney, the chairman of EPTAB's Budget Subcommittee. I understand that EPTAB members may contact you directly to discuss the FY99 budget. Please give me a call at ext. 2505 if you have any questions. Attachment cc: Vincent A. Cautero, MCP, Administrator, Community Development&Environmental Services EPTAB File ENVIRONMENTAL -)LICY TECHNICAL ADVISOR"--BOARD EPTAB Members: March 30,1998 Attached is a draft of the Budget Review Committee for your review and input at our next meeting, April 13 (Monday). This format is different from last year in several ways: * All environmentally related departments (6) are addressed; not just Natural Resources Department. * In the past we have included suggestions on how to manage a situation. I, as one vote, do not believe we should micro-manage. Each department has managers who are able to manage their business. Our business is to advise. * The BCC has been bombarded with "bad press" this past year and it continues currently. This covers a number of environmental issues that the BCC seems unprepared for. Therefore, the Budget Review has some 20 items that we feel are needed to be addressed, especially in light of the rapid development and growth. * There is a general recommendation that BCC expand the budgets of the environmentally sensitive departments to meet the rapid growth. Remember that some departments, e.g. Natural Resources, have been reduced in the past few years, as population and problems have increased in magnitude and numbers. * In light of the above, the recommendations include references to Camp Kaeis Strand (that the NR committee is working on) in hope that one or more commissioners will ask "What is this all about?" and Ms. Berry and others can say "I seem to recall discussions with EPTAB..." Reviewing and making recommendations on six (6) departments is a major project. It is anticipated that Budget Review will be better next year and have to begin in August. Bill McKinney ENVIRONN TAL POLICY TECHNICAL A'-`°ISORY BOARD for Collier County Board of County Commissioners (DRAFT) Collier County Government Center Naples, Fl 34102 March 30,1998 Re: Budget review and recommendations for FY99 relative to the Natural Resources Department and other involved departments. In the past the BCC asked EPTAB to review and advise on the Natural Resources Department (NRD) budget. Last year EPTAB presented seven (7) prioritized items for your consideration. NRD interfaced with all items but, the items fell under four (4) other departments. In keeping with EPTAB charter objectives to "...identify, study, evaluate, and provide technical recommendations to the Board on programs necessary ... for conservation, management, and protection of air, land, water resources and environmental quality and to assist in establishing goals and objectives", we have addressed the budgets of the six (6) departments we have involvement with: * Planning Services * Code Enforcement * Pollution Control * Natural Resources * Solid Waste Management * Stormwater Management EPTAB has chosen to look at the larger environmental picture in an effort to better serve and advise the BCC. These recommendations are presented now as you begin the budget review process for FY99. General Recommendations EPTAB has observed in the past year that numerous activities have evolved, relative to the Growth Management Plan and the environment, that have resulted in considerable BCC time and involvement, and press. These included lawn water restrictions, Army Corps of Engineers' Environmental Impact Study (ACOE-EIS), Pelican Bay NRPA, expansion into rural areas (Twin Eagles) and the issues of water/sewer/environment, the landfill, and other high profile issues. EPTAB has concern that Collier County is growing so fast that the current staff, organization , and budget cannot adequately handle the increasing complexity and numbers of issues that will arise. While the BCC has reduced some of the above listed departments in the past, EPTAB recommends that they be selective expanded over the next three years to better meet the needs of the community and the environment. This should also result in less BCC "hands-on" activity and free them for other areas. 2 It has been expressed by the BCC that they do not want to duplicate efforts funded by, coordinated by, or authorized by other agencies, whether Federal, State or charitable. There has been exhibited in the press and in public conversation over the past year the picture of Collier County not doing enough of the right things environmentally and also working, apparently, counterproductively in these areas. It is recommended that BCC take a more cooperative stand whereby they work with all other groups so they can claim they are a part of the process. In some cases they need to take the initiative but can later default to other groups who take over. In effect, Collier County needs to become the leader in all environmental activities, even if they are not the "closer " of the activity. Examples: * From the FY98 EPTAB budget recommendations there are currently five (5) holdover items that did not amount to much money or increase in manpower: 9 - Stormwater System Inadequacies Remediation (Stormwater Mgmt D Dept) 0.5 FTE ($31000) - Watershed Management Plans (NRD) for all major basins 0.2 FTE ($16000) - Green Space/Open Space Plan (Planning Dept) 0.5 FTE ($31000) - Comprehensive Water Conservation Plan (NRD) 0.5 FTE ($31000); Public Education Fund, $5000 (announced 24 March 1998) is a small part. - EPTAB Exotics Report Recommendations Implementation (Code Enforcement Dept)1 FTE ($59200) Only a small part of the report has been implemented and the exotics are growing and spreading. * Clam Bay Natural Resources Protection Area (NRPA) mangrove recovery plan has had to scramble to get a dredging permit for the pass prior to turtle nesting season. The interior dredging is delayed awaiting further studies and permits. Additional mangroves are dying in this high profile community. * Action has been taken to implement the exotic plant removal plan but more is needed. There are huge stands of malaluka along Goodlette beside the upscale Pine Ridge Estates development and along the newly expanded Golden Gate Parkway. One of the characteristics of exotic plants is their ability to grow and expand rapidly. This has to be a very proactive battle if it is to be won. malaluka pollen affects numerous citizens and visitors sensitive to allergies. * Considerable time, energy, and press evolved out of the Twin Eagles PUD controversy. There are specific plans in place which BCC should follow and there is a need to better define these and other ordinances to 3 help the BCC in the future. There seems to be a lack of long range strategies and a short term effort to reinterpret the existing rules. The population growth and the attributable increase in land use will require advanced planning by ail departments. As BCC considers restructuring the government, it is recommended that they consider combining all environmentally related departments under one manager, such as Community Development and Environmental Services. This should produce a more unified effort at a lower cost. As the City of Marco relieves the County of obligations, this savings should be given over to environmental issues. Concerns that Impact Management and the Budget * Rapidly increasing population and associated construction - Stagnant and decreasing governmental support * Land development permitting processes * Waste management: stormwater, sewer, solid, hazardous * Changes in stormwater runoff patterns and volume * Increased boating activity - Condition of Naples Bay and estuaries - Need for additional reefs west of Naples • * Rapidly growing exotic plants - Increased air pollution * Comprehensive water conservation plan including water flow in natural aquifer plains such as Camp Kaeis Strand * Savings and redistribution of funds from City of Marco formation Needs and Specific Recommendations 1. Exotic plant removal along right of ways ( Golden Gate Parkway between Goodlett and Airport, and Goodlett above Pine Ridge) and in County owned lands and parks. 2. Increase inspections associated with increased numbers of PUDs 3. Increased marine habitats (reefs) to replace mangrove cutback and die-off, and to serve the boating community. 4. Stormwater flooding and run-off that pollutes Naples Bay and kills mangroves in Pelican Bay and other areas. 5. Habitat Protection Ordinances (HPO); Goal 6, Development Criteria Plan for Rural areas. 6. 1 .0 FTE ($60000) for CREW/ Lake Trafford/ Camp Kaeis Strand NRPA planning and NPO plan development. 7. Exotics PUD Education/ Code Enforcement Officer (1.3 FTE, $70000) 4 8. Exotics removal along right of ways ($100000), the Estates ($120000, bill back to owners of land), PUD Conservation areas ($50000, bill back to PUD owners). 9. Fund Clam Bay NRPA and authorize NRD to act as facilitator to expedite the beginning and completion of the restoration and remediation program. 10. 0.25 FTE Artificial Reef Coordinator plus $200000 for artificial reefs, primarily off Naples. File for matching grants from the state. Produce educational material for the public as to purpose and location of reefs. 11 . Identify stormwater run-off that does not meet State guidelines and develop a remediation plan. 12. Liaison and support Naples Bay Restoration Committee efforts. 13. Pass a comprehensive Water Conservation Act/ Ordinance to define, educate, restrict, monitor, and control all water uses in the county year round. 14. Create a Gordon River Basin commission to develop a NRPA and use plan. 15. Increase education activities including the press on high profile activities such as the exotics removal in Pelican Bay-Clam Pass (Brazilian Pepper). This was misunderstood by many residents. 16. Identify all potential NRPAs, catalog, prioritize, develop schedules for funding and action including initial research. Begin with Camp Kaeis Strand, Tiger Tail Beach, Barefoot Beach, Clam Bay, Westclox Scrub Jay Mitigation Site ( Policy 1 .3.3), Belle Meade Natural Resource Conservation Area, Western Scrub Area of Immokalee Airport, Naples Bay, Gordon River. 17. Create and authorize NRPA incentives (Policy 1 .3.1). 18. Rural PUD development standards. Establish a Rural PUD District with water/sewer guidelines. 19. NRD Liaison with and support State Fish and Wildlife agencies in Critical Wildlife Areas in the county, such as Tiger Beach. 20. All environmentally related departments matrix proactively to better predict future growth, problems and coordinate activities. This includes consolidation of all six (6) departments noted above into one department. Fund $20000 to allow these departments to hold a one day working symposium annually to educate themselves and to involve the public. Budget Recommendations Code Enforcement Department 1 . Additional 1 .25 FTE ($87,500) Exotics Code Enforcement Officer to survey all existing PUDs every three (3) years and to advise new PUDs. 2. $7500 for exotics education programs 5. 3. $6000 for ordinance revision 4. $60000 for exotics enforcement activities 5. $100000 for exotics removal on right of way and county lands 6. $100000 seed funds to remove exotics from private lands (Estates, PUD) with bill-back to owners. Create necessary ordinances. 7. Base Level + 2.0 FTE ($40000) to meet growth 8. Land Development Code Enforcement Investigator +0.5 FTE ($35000) Total: +3.75 FTE ($262500) Funds 323500 $586000 Planning Services Department 1 . Base Level: + 2.0 FTE ($140000) to meet growth requirements 2. Engineering Inspection: + 1.0 FTE ($70000) " " 3. Current Planning: + 1 .0 FTE ($70000) 4. Increase Engineer II for inspections + 1 .0 FTE ($70000) Total: + 5.0 FTE ($350000) Funds 50000 $400000 • Pollution Control Department 1. Base Level: + 0.5 FTE ($35000) to meet growth 2. Analytical Services + 0.5 ($35000) 3. Water Resources Monitoring +0.25 ($17000) Total: + 1 .25 FTE ($52000) • • Funds 50000 $102000 Stormwater Management Department 1 . +0.50 FTE ($35000): Watershed Management Plan for Problem Areas (Policy 2.2.5) 2. +0.25 FTE ($20000) to expand the Florida Yards and Neighborhood programs (Policy 2.2.5), $8000 for literature 3. +0.50 FTE ($35000):Objective 4.1 : Lower West Coast Water Supply Plan" 4. +0.25 FTE ($20000) to identify storms management systems that do not meet State water quality guidelines, due 12/31/98 (Policy 2.2.5) • 5. +0.25 FTE ($20000) to prepare a county-wide watershed management plan by 1/1/00 (OBjective 2.1 ) 6. +0.5 FTE for the Gordon River Basin implementation; $300000 6 7. Increase Service Level ii activity related to exotics removal by + 2.0 FTE ($70000) 8. Increase the Service Level III activity with additional 1 .0 FTE ($70000) Total: + 5.75 FTE ($542500) Funds 308000 $850500 Natural Resources Department 1 . +0.25 FTE ($20000) for NRPA Incentives development (Policy 1 .3.1) - 2. +0.25 FTE ($20000) to develop a Comprehensive NRPA Planning and Implementation Plan for 2002 (Policy 1 .3.3) 3. +0.50 FTE ($35000) Per Policy 1 .3.3: "designate and adopt management guidelines and performance for County NRPAs. Implementation shall occur annually as NRPSs are developed." 4. +0.25 FTE ($20000) Objective 6.1 for 6/1/98: define, identify, prepare development standards and criteria for all native County habitats 5. +0.25 FTE ($20000) Artificial Reef Coordinator, plus $200000 for reefs off Naples 6. +1 .0 FTE ($70000) Camp Kaeis Strand NRPA development, Lake Trafford restoration, and Crew land coordinator 7. +0.1 FTE ($10000) Clam Bay restoration Project Coordinator 8. +0.25 FTE ($20000) Objective 2.4: "Draft agreement with Florida Dept. of Environmental Protection ...plans for Rookery Bay and Cape Romano-Ten Thousand Islands Aquatic Preserve by 6/30/98 9. +0.25 FTE ($20000) to develop an Open Space/ Green Space Plan for habitat protection and public recreation per Policy 6.1 .9 10. +0.1 FTE ($10000) plus $8000 for public education on water conservation at private residences 11 . Increase Technical Support staff +0.5 ($35000) to meet growth 12. Increase Waterways Management staff +0.25 FTE ($20000) to meet growth needs of tourists and residents Total: +3.7 FTE ($259000) Funds 208000 $467000 7 . Solid Waste Management Department 1 . Base Level: $50000 for odor deduction 2. +2.0 FTE ($140000) to develop plans for conversion to future waste hauling, landfill shut-down, transfer stations, etc. 3. Increase the percentage of recyling performed:$50,000 - Facilities study - Public education Total: + 2.0 FTE ($140000) Funds 100000 $240000 Respectfully submitted by the EPTAB Budget Review Committee William McKinney, Chair ENVIROMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: April 13, 1998 PLACE: Collier County Government Complex Health and Community Services Building 2nd Floor, Room 216 TIME: 4:00 p.m. I. CALL MEETING TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES - March 9, 1998 IV. ANNOUNCEMENTS V. OLD BUSINESS a. Program Presentation -Planning Services b. Annual Report c. Land Planning in the Rural Areas VI. STANDING COMMITTEES A. COMMITTEE REPORTS (1) Steering Committee - Bill McKinney (2) Resource Committee-Mike Simonik (3) Growth Management-Mike Delate B. SPECIAL PROJECT COMMITTEE REPORTS 3(e•`to (1) NRD Budget-Bill McKinney 4-) VII. NEW BUSINESS �d If g, �g VIII. PUBLIC COMMENT ` '(go IX. ADJOURNMENT C -1 DRAFT: 4/13/98 APPROVED: 5/11/98 ENVIRONMENTAL POEicy TECHNICAL ADVISORY BOARD A 1998 MINUTES PRESENT: Ty Agoston Brenda Fogel Bill McKinney Steven Bigelow Allen Kratz Monty Robinson Brad Cornell Maureen McCarthy Mike Simonik EXCUSED ABSENCE: Mike Delate ABSENT: Monty Robinson Jan Stevens STAFF: Bill Lorenz (NRD) Georgina Mausen (NRD) Gail Gibson (PCD) Bob Mulhere Ron Nino Tom Kuck Stan Chrzanowski Stephen Lenberger Barbara Burgeson Nancy Siemion PUBLIC: I. Meeting called to order. II. Roll call. III. Approval of meeting minutes -March 9, 1998: Approved 7:0 (Monty Robinson arrived later in the meeting). IV. ANNOUNCEMENTS Mike Simonik announced that on April 16th at noon the Everglades Foundation will be presenting the State of the Everglades at the Conservancy at the Eye on the Issues meeting. Mike Simonik announced that Mike Ashey from DEP in Tallahassee stated that Bruce Babbit is signing the paperwork for the $25 million for southern Golden Gate Estates and should be transferred tomorrow. , n EPTAB Minutes Cont. 4/13/98 Page 2 Brad Cornell announced that on April 15th there is going to be a SW Florida Issues Group meeting at 10:00 a.m. at the Regional Planning Council at which the Corp is going to discuss the EIS scope. Mike Simonik added that the Alternative Development Group is meeting this Thursday and Friday. NOTE: There were 2 items added under New Business: a. Jan Stevens b. Maureen McCarthy's meeting with Commissioner Hancock V. OLD BUSINESS a. Program Presentation -Planning Services: Bob Mulhere (Planning Services Director), Barbara Burgeson (Environmental Specialist) and Stan Chrzanowski (Senior Engineer) gave an overview of the County's role in the Planning Services Department. Handouts were provided to EPTAB members. Ron Nino (Current Planning Manager),Tom Kuck(Engineering Review Section Manager), Stephen Lenberger(Environmental Specialist), Nancy Siemion (Landscape Architect) and Michelle Arnold(Interim Code Enforcement Director) also were in attendance to answer any of EPTAB's questions. b. Annual Report-Brad Cornell reported that he has the changes made to the report, but has not completed it yet. c. Land Planning in the Rural Areas -Bob Mulhere gave an overview on this issue to EPTAB. Memos from the Planning Department to the BCC outlining the proposals were distributed to EPTAB members. VI. STANDING COMMITTEES A. COMMITTEE REPORTS (1) Steering Committee -Bill McKinney: The Steering Committee decided that EPTAB should be interfacing with 6 other departments, not just the Natural Resources Department. The Planning, Code Enforcement and Solid Waste Departments have been assigned to the Growth Management Subcommittee. The Pollution Control, Natural EPTAB Minutes Cont. 4/13/98 Page 3 Resources and Stormwater Management Departments have been assigned to the Natural Resources Subcommittee. Next month, the Steering Committee would like to try to get volunteers to be liaison with each of the different groups. The Steering Committee would also like to have the Subcommittees start to look at planning as to how they are going to get information on things they need to be looking at and bringing it to EPTAB for consideration. The more immediate issues that need to be discussed are the Rural Land Planning, Budget, Water Conservation & the NRPA. EPTAB is to have an organizational meeting once a year and that will be the month of October. In that time EPTAB will elect officers and subcommittee chairmen can be appointed or reappointed. The next Steering Committee meeting is scheduled for May 11th at 3:30 p.m. in Room 216 on the 2nd floor. (2) Resource Protection - Mike Simonik: Met on March 26th and had invited Chip Miriam from the Water Management District, but he was unable to attend. He sent his representative Jackie Ripp, and Ellen Lindblad also came to discuss Camp Keais Strand and the protection of it. The committee wanted to find out what the Water Management District was doing as far as finding out what the land owners out there are willing to do with their land to protect it, while keeping their right to utilize Camp Keais Strand as water supply as well as water discharge areas. There was also some discussion on where the committee is headed with the NRPA issue. It was agreed that detailed work on the Camp Keais Strand NRPA should wait until the SFWMD released its plan. The next Resource Protection meeting is scheduled for April 30th at 4:00 p.m. in Room C on the third floor. (3) Growth Management - Mike Delate: Due to Mike's absence, no report was given. EPTAB Minutes Cont. 4/13/98 Page 4 The next Growth Management meeting is scheduled for April 30th at 3:00 p.m. in Room C on the third floor. B. SPECIAL PROJECTS COMMITTEE REPORTS (1) NRD Budget - Bill McKinney: Discussed the Budget Review handout that was provided to EPTAB members with the 4/13/98 agenda. The next NRD Budget meeting is scheduled for May 7th at 4:00 p.m. in Room C on the third floor. VII. NEW BUSINESS a. Jan Stevens - Bill McKinney made a motion to have Bill Lorenz start the process to have Jan Stevens replaced on EPTAB due to his repeated unexcused absences. Motion passed 6:2. b. Maureen McCarthy's meeting with Commissioner Hancock- She had a very candid 1 hour conversation with Commissioner Hancock by phone. She gave him her sense of the way in which EPTAB was received by the BCC and stated that she feels she is wasting her time. She stated to him that there is not a good feeling between EPTAB and the BCC and asked him to explain why and explain why EPTAB is not perceived better. Maureen asked Commissioner Hancock to share his comments with EPTAB and he responded by saying that he had no problem with that, but would like to be invited. Bill McKinney made a motion that EPTAB send a letter to Commissioner Hancock and invite him to a regular EPTAB meeting. Motion passed 8:0. Brad Cornell will write the letter. VIII. PUBLIC COMMENT IX. ADJOURNMENT - Meeting ended at 6:15 p.m. The next EPTAB meeting is scheduled for 5/11/98 at 4:00 p.m. SUMMARY OF ACTION EPTAB MEETING 4/13/98 MOTIONS (1) Bill McKinney made a motion to have Bill Lorenz start PASSED 6:2 the process to have Jan Stevens replaced on EPTAB due to his repeated unexcused absences. (2) Bill McKinney made a motion that EPTAB send a letter PASSED 8:0 to Commissioner Hancock and invite him to a regular EPTAB meeting. Brad Cornell will write the letter. ACTION ITEMS (1) Bill Lorenz to begin the process of replacing Jan Stevens. (2) Brad Cornell is going to write a letter to Commissioner Hancock inviting him to a regular EPTAB meeting. SCHEDULED MEETINGS (1) EPTAB - May 11, 1998 at 4:00 p.m., Room 216 (2) Steering Committee -May 11, 1998 at 3:30 p.m., Room 216 (3) Resource Protection Committee - April 30, 1998 at 4:00 p.m., Room C (4) Growth Management - April 30, 1998 at 3:00 p.m., Room C (5) NRD Budget - May 7, 1998 at 4:00 p.m., Room C ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD SIGN IN SHEET APRIL 13, 1998 EPTAB MEMBERS Ty Agoston . \la Maureen McCarthy Steven Bigelow "4..‘ Bill McKinney &t4 Bradley Cornell C` Monty Robinson Mike Delate Michael Simonik Brenda C. Fogel i/ Jan M. Stevens Allen Kratz Staff Members Name Department C `‘c.A.c6LA-c,.. T• ors) 1t-� — Public Name Minutes (ves/no) Address Phone No. . 0 _ ex,7,4 cry rPcD 7-6-5./27 / 6e - `.;//6e* &:;?.7/2K- L97/7, /43,42 45,i;t4,2vc.. 5TPd CH 1. 2.)9/V w s/C/ - Piaouecr pc M N teEW CU) S1-1¢'1/1-71/ /2/lt'(9 'G %/� C 6//'/' 4/,t C/ 4/n/�( sp--C f w“/ ea or eS .a) 6A,'re,.-1- Plan ti kyf L� SinAiI,I Gig L� 1Y-61/1,i-H-) W ANcrs± `-00/6/0 Memorandum TO: Board of County Commissioners THROUGH: Robert F. Fernandez, County Administrator FROM: Vincent A. Cauter , Community Development & Environmental Services Administrator DATE: March 25, 1998 RE: BCC Workshop on March 31st , Information regarding Density Reduction, Transfer of Development Rights and Clustering Criteria. The Board of County Commissioners directed staff to prepare clustering criteria for projects outside of the current Urban Boundary and to work with The Conservancy of Southwest Florida in the development of the criteria. This report has been developed in conjunction with the Conservancy and goes beyond clustering criteria and presents ideas regarding density reductions and transfers of density to more suitable areas. This item is provided for your goal setting workshop and staff wiii be available for discussion. This item will also be scheduled for the Board of County Commissioners meeting on April 14, 1998. Agricultural/Rural Designation • Reduce density in the Agricultural/ Rural Designation Sending Area from one unit per five acres to 1 unit per 20 acres. • Residential density in the Rural Area is 1 unit per 20 acres, which shall be clustered on one acre lots with private well and septic systems. • Primary use of the sending area is agricultural. • Density may be transferred (at a rate to be determined) from the sendinc area to designated receiving area. Potential Result: Reduction of density on 189,300 acres from the current density of 37,860 units to 9,465 a reduction of 28,395 units. Urban Designation • Change Urban Residential Fringe which allows1.5 units per acre to Agricultural/Rural at one unit per five acres on 4,522 acres from 6,783 units to 904 units, a reduction of 5,879 units. • Amend the Density Rating System to allow a maximum cap of 2 units per acre from the current 4 units per acre. (approximately 24,343 unit reduction). Potential Result: These reductions could total to approximately 30,222 units. Transfer of Development Rights The density reductions identified above could be combined with a transfer of density from a designated sending area to a designated receiving area (see Future Land Use Map attached) which could allow for the ability to make adjustments to density based on surrounding land uses. • Reduce density in Rural/Agricultural from 1 unit per 5 acres to 1 unit per 20 acres, allow for a density transfer at a rate (to be determined) to land designated as the receiving areas. • Receiving areas are designated on the attached niapl and includes approximately 22,152 acres. These areas are currently permitted as one unit per five acres. In order to go above that density, up to a specified cap, a TDR would have to be purchased from the sending area. The receiving areas, which are adjacent to the Urban boundary, would be required to have central water and sewer facilities and meet clustering criteria. • The density reductions in the Urban Area include: reducing density in the Urban Residential Fringe for agricultural properties from 1.5 units per acre to 1 unit per five acres and a reduction in the density rating system for agricultural properties from 4 units per acre to 2 units per acre. In order to go above these base densities a TDR would need to be purchased from the sending area. • The Urban Area could receive density transfers but only to the extent that would bring the density back to the cap of 4 units per acre or 1.5 units per acre in the Urban Residential Fringe Area. Potential Result: This scenario can accomplish the following objectives: • Relocate development from prime agricultural areas to areas more suitable for development; • Provide an incentive to preserve large, contiguous areas that are environmentally sensitive; • Identify well defined sending areas which can accommodate central utilities as well as other urban services; • Potential for an overall density reduction in both Urban and Rural Areas; • Reduces density on property zoned agricultural rather than existing projects zoned for development; • Provides a transfer of density as a method of mitigating the reduction of density. Recommendation: The reduction of density along with a transfer of development rights system should be fully evaluated in terms of meeting stated objectives and being legally defensible. Staff would suggest that if the BCC would like to proceed with this effort that we seek additional expertise in the area of TDR's and Urban Sprawl. Clustering Criteria Agricultural/ Rural Sending Area • Property greater than 100 acres in size shall be required to cluster residential units subject to the following criteria. • The maximum density shall be one unit per 20 acres. • Open space shall be maintained at a minimum of 70% of the total project land area. These open space areas shall be retained for agricultural uses, environmental preservation or passive recreation areas. • A minimum of 50% of the gross acreage of the project must contain natural areas. • • Well and Septic systems shall be required. TDR Receiving Area • Clustering of residential units is required in the receiving area for any project above 10 acres in size. • • The maximum density is one unit per five acres,:unless the transfer of development rights option is utilized. If TDR's are used the maximum density may increase to a cap to be determined. • Central water and sewer utility service is permittedlinlorder to serve the clustered residential development. If the Collier County public water and sewer utility system becomes available in this area in the future, the residential development shall be required to hook up to and become part of the County utility system. • A minimum of 70% of the gross project acreage shall be maintained as open space to include such uses as environmentally sensitive area, golf courses, active and passive recreation areas. • A minimum of 50% of the gross project acreage must consist of natural areas. These natural areas shall be protected by a permanent conservation easement to prohibiting further development. (This needs to be further developed) • Open space, including natural areas, shall be connected within the boundaries of the project as well as surrounding areas to the maximum extent possible. • A minimum vegetated buffer area of 200 feet shall be provided for all structures in the residential cluster area from the nearest external roadway and the boundary of the total project. + + T 63 8 I T 52 8 I T 51 8 I T 50 S T 49 S I T 48 S I T 47 S I T 48 S i7M 39 i I 6 $ um- o o 6 5 § o 2 t- go1 1 1 1 1 1 n > a i m i i c— 'c'2° 7 li o>$ 10 2 ,f-„,,, �-'• L.5 £ Mia J' `' P; A8 „!r�' . fit' OptiA 4 'N 'rR w' •lam,' �o of Aq illipe .°-�fi•'..am ^ 5 ` ) IV NOS �,, y,-o.>r.. ep 0 ,00•0/*,,Or'' -7,-;;--,‘;;.7 ..;,,,%otsW.-fr Lte,Admikliir 7� � �P6 i ,. ..1�+1 it 4i Af�4.�� ' ''�'_ � WOR"'-' rry �PIIW,, , . al- N r, �e `...1.14.. . 1,1-1 it r.f � x#+ tC ykxl.'r °t ✓i� E ��G7+ ,4 - + + .. 0 t/�I• G'� x x� 11;::h:;')'' •/ +, ili6 ��1 C� O IP let d��-11101,,,' t ,,,, 1., , . '1 $1 r k r . .,t rart, + m '� .� CD r y44 .��'4�'44,4 +i 41 1' �I e' r ��1 $1,0,',I.,1-,,,,4� • Q. 1 ,. .:e 0 Ave" xis %. y+''' j,'4 4 + +m 14 4 . !. I! ` � 3 F I f' '' ` ' xy ,'ill'''/I',4'. -M L1\ liA: ,,i,...,:41;,,,;,'-''.44, , , ,��/ FCLI ' } ,, ' e 1 ,i.',„,-,, e I1, ` -40;,,,:,:,441:,:,:,:,:f: Y11":, 4 a� + + T t - 10, , _r43` .i r + r+1r . fi +t 4 + 1i , { x }/ V e$1', 1'��e@ /r"A .a` ^".4 _ J�i�li ' I*y* •i}::,1 t +., ,F , illf 'A e + qz _. IV" ry +, ,1 4y, A +. +i + 11+ ffr"ffr�� .;,;,14;,,14,,,„IF § f% I X41 r*+▪° + 11-i �kn. V x xx io ill ° a. ,'+;;;;;°,-;,4; '� i� I :,: 4 t� iv. 1i j I, 41 k ,w f -x ' Ft '� ' Y Y 1 SkNK t{YYt + + s +''','','',''0X;'!",', ; Y + I + .i. -+ �'....-. - + 1 + + 'Qi; "441,$0".". 'S' 4*44.-;1,:o 0.v • r, 'AtI xly) :/.til. + a C ?. i:• + 4r .n 3 „.yx,E r"f'''+Ix1- r I ,1::: t p & 4 'rr ' i" I t 1 ''+yp.. 11 ' ++ I;+ . ;x Ir + , T + ir' s ` K ''. � kt + + +r y � i M Y + 70 � + � +. n +f% c 1 a • 1 1 V x e T 14 SI 1 � CO x <•"-'J4 + r + - . . . + +t i ,�Ipl pti ...fp. +} Oe P''''''''11 /x��), '„31„,),,,4:.'• . / . J I'',0,:::',',',::::::"...31 3H ▪ I I I I. I IIA', 41'' + + + '1^It + i , r .. '1 + il I i' a ' 1 s y -.� ' p �f°1 .�r . + . + -h + t +...,.t*. r ' u ly �� 1I�rI� ' +„ + +! Y '..,+ � xl ttteee��... - i:l 'c' ' ' S + + - iv ar ir,,, 4't+-„r, ,:.:41)::,. , ;_.F_ _ T , +� + y 1'ii orf x0 1/3 ' 1,T ,:,:,x, I II A . N T Y..—,,r. t r, ° .C F`I r, .. 1i6tFi1E - -i, ' + + +�+ + .‘77,,,,, ,,,,F,,,,,„ .£" + + + + H� f: I ,. + I ' i4 + + ''4. +1+ + r x . � + + h M . • ��4%%% Q i°I r + . + + - Z 1 r . 1 1 1 ._ '9 ..,,:,,:1,; 1 ,f;,;,;,•, +h I�4 i°61110+ + ' + + ••••NNNIII/V//va••. I'll.11l I 1 I 1 ''' + ? + - '+ 11?d I.1• N a 1 1,'', '}I' 1 w .1711 Ni:':':'''' _ - ° M 1 '} + + +• + + 1' ,:4;1:�'��" A � 19 1 � y I '''''',.:4;.:. +r• tl � - a • ,�1 In �'I'I I}, r U +I + I',I�,I�+�,� 'I O + + + + • + + + + + + + • ,.0'.:;:',''..'.4'.,,...,.'.4.''',',';*;p + . . r , . • . ° + II+ \ + IThf tIn aW ' ° a li o- 1' J, :r,, 111 —-- + /+ + h + r + 1 + ° + �+ °+ . Mit + + + + - ++ + + + + + + " + + - t + i Ca —. . ° F + + r >l+ R' �z Y mm aA " m 1 a m+ + + r I + + + + + + Y r r � iF + + + ,, Ti + r + + I , r + + + '-'3,'.'1*,;':,: + + + + + , i s gr ,-,14 + + + - + + + + + 4 • + + + + + + ii' h Irl f 4 i •- '- • + r1I + + + + a 1- 4 A g a + CC m n R7 n , ? vx , - • , ^ 1 �tl 1;11 t 1 T�1 Z z Ac Nm Z 5 c 23 i t. . -_.• -' + + - + - + J' '17' 71' + + , + + * t ''i i M k d r� X i V - E,, .. 8 m [ 5 p M. D D T + 1 , .. + .. e • • + + r * - + +I f I1 4I a 4 ,+ F ,T m. p 99 ozi a 6 S D 1 1 + + + • + • + I m o' v 2 e A % D�, ; m m -* _ 0- -:0.+,,,,- . . . . . . + . . ` txYt + 1'f' lls { R .. ,.a' y `m' o C4 .I _ '' + j ° • t ,, }il, i'� * _ M *;1 A § o� i D a CO + +' + + + z 2 1- 9 7 = rn 1 , • ' + . a r .. . ° µ , Y a - + , + + e E '',T�''+Y,',4 + + '' Z ff - P p O % \ ELI rl 9O �, + h + ' 11 E � V 11Q1 . , T + . + , + , , , . . ,x m m m _ A � + + + + + + + n N ; a s m > F> 1 � .Y d,.. , � � � ~ � 1 9 D n Ag � 9 . - ,x11+�. + + ,, + 1 + '� A 2 > m Q g s o = 40 o ' r 1 + • �f xlr t w M :.1'4,1f,:,:: h }' +i'I' v D y o I D A 46 1 + , 1 + 1 1 r + + I t,llik 1 + 4 + �' t 1 4 x111 4 $ m s T kra lr+ . + I • + i :+ I- + + + + Sti 't'i'''�'' 'i' IL,, +' +X ".",':°1'4:44130,"„',',",1,:.',1:.',,� t Flz o g +'d,.' + e IIHI, - , . .i:l1.1'1'1'1', f' ' m m 8 - - 1,17 d; 1 'I �,I'I� 1114 1 +1 11' 1'1'1',11 I 8 IPo ....:.y: i'i E 2 4 2 , h + '{, h , + + + ',�' .I I Ill l I r�1�1�1: c < : -.1:-:',.1'4,,' - t ''�,;;1�;1 11k11 1 !111'1'' 1'1,1 1 I 11'1tl'I'I''"" 1 1 t'1'1', r 11 111,1,11 ' m z BROWARD COUNTY DADE COUNTY 1, d I St91 I 8Z91 I 8191 I 8 09 1 1 581. 1 I SBfl I SL1• 1 I S9t1 + The following m or may not be required evaluate the petition. It shouted be viewed as a guideline. (jj/) A. Initial Review for completeness of package 1. Name of planner assigned 2 . Application form completed and signed 3 . PUD document 4 . Recent EIS, EIS Waiver request or EIS waiver letter 5. Aerial with project limits delineated 6. Site information (detail dependent on how conceptual plan is) - Township, Range, Section - zoning (verify with most recent Collier County Zoning Atlas, check for Special Treatment (ST) , Area of Critical State Concern (ACSC) , and Wellfield Protection Zone overlays) - detailed location map, indicating adjacent uses and zoning, topographic information with spot elevations, existing natural features (water courses, drainage ditches, lakes, wetlands) - vegetative cover using Florida Department of Transportation Land Use Cover and Forms Classification System (FLUCCS) - overall proposed drainage plan indicating basic flow patterns, lakes, outfall - master plan indicating roads and easement locations and purpose, development tracts - soil identification (maps, borings and/or written report) - seasonal water table elevations and 100 year flood plain if project is in known floodway of a natural stream - jurisdictional wetlands (delineation on aerial and/or site plan with federal, state or local jurisdictional agency identified, date of delineation, and associated correspondence, permits, etc. ) - wildlife (species, nests, burrows, foraging areas, 3 etc. ) - archaeological sites and/or associated correspondence. 7 . Compliance with Ordinance 89-49 (PUD) and Collier County Growth Management Plan - Conservation and Coastal Management Element O. LompaL113111Ly witn Lne c:omprenenslve Land Use Plan and Zoning Code. B. Proposed Plan R , iew 1. Review PUD document. . Verify and confirm proposed credits towards open space, protective covenants placed on preserve areas, etc. No conflicts with the Collier County Growth Management Plan - Conservation and Coastal Management Element or appropriate ordinance(s) or best management practices (i.e. Wildlife, wetland function, etc. ) are acceptable. Review for compliance with Groundwater Protection Ordinance (GWPO) . Be sure PUD document doesn't allow uses contrary to GWPO. Review, comment and/or stipulate. 2 . Review EIS, determine to accept or reject for sufficiency. 3 . Review the following in terms of impacts to vegetation, wetlands, wildlife and/or archaeological concerns. - roadway and lot layout, structures, parking - easement locations - open areas, preserve or conservation areas - utilities layout - recreational areas (types and locations) - buffer areas - water management system, including lakes, control structure locations and elevations, drainage patterns - amount of fill proposed vs. needed - septic/wetland separation (FAC 10D-6) 4 . Consult with other reviewers, especially if wetlands are involved. Water management and environmental concerns often overlap. Note: If above information is incomplete or requires further review, notify the petitioner through the proper review procedure(s) . C. Site Visit 1. Arrange site visit with petitioner/agent. 2 . Take aerial and site plan on visit. 3 . Perform an environmental assessment of site in terms of: - entire watershed (upstream, downstream) - proposed use/proposed site plan - adjacent properties (proposed and existing use, wetlands, etc. ) - vegetation; nanitats; ilsceu specie ; u1IijuC1Ie b, diversity, viability of habitat; wildlife (poter -&al and actual sightings) - histol :al land use (previously lc._jed, agriculture, etc. 7 - - disturbances (fire, trash, etc.) - % impervious and locations - wetlands - hydrology - historical, present. Spot check for lichen lines, adventitious roots, etc. - proposed on existing aquifer recharge area - existing elevation, proposed amount fill - soils - - - possible archaeological site (resource is John Beriault, of the Southwest Archaeological Society 261-0082) or Art Lee. 4 . Alternatives to avoid or mitigate impacts: - avoidance (i.e. redesign road, cluster, etc. ) - utilize wetlands in water management system - incorporate native vegetation into buffer areas, passive recreational , or open space areas - designate as preserves, conservation easements/tracts - decrease density or cluster - evaluate if parking can be reduced - place buildings in impacted areas to avoid impact to viable, functioning habitats - if impacts unavoidable, consider mitigation 5 . Determine if plan as is or as revised can be . scheduled for review by the Environmental Advisory Board (EAB) . D. EAB Report 1. Determine if recommend denial or approval with or without stipulations. 2 . Petitions involving no or minimal impact to the environment on the proposed site may be administratively approved by Staff. The EAB members reserve the right to pull the petition from "administrative status" and place it on the public hearing agenda. 3 . A staff report is required to be written and submitted to EAB members for those petitions to be heard as public hearings. '�r 4 . OLdLl LepurL. iaeiuues: - petition number, name, developer, engineering consultar" and environmental consults - location - project description - plans of record - staff comments (engineering and environmental) - recommendations (engineering and environmental) 5. Recommendations - approval or denial. Stipulations must be tied to the Collier County Growth Management Plan Conservation and Coastal Element, the Collier County Land Development Code and/or specific Collier County ordinances. 6 . See attachment for EAB Process and Procedures. * Planned Unit Development Amendments (PDA) may require a subset or all of the information and procedures described herein of a rezone petition depending on the environmental magnitude of the proposed amendment. doc: 3303 , 12/92 ORIGIN: Community Development &Environmental Services AUTHOR: Stephen Lenberger, Environmental Specialist II Barbara Cacchione, Comprehensive Planning Manager DEPARTMENT: Planning Services LDC PAGE: LDC2:92 LDC SECTION: 2.2.24.3.2. CHANGE: Add agricultural use exemptions to the land development code for development standards and regulations for ACSC-ST. REASON: Proposed revisions to the land development code for consistency with Board of County Commission changes to the Growth Management Plan. FISCAL & OPERATIONAL IMPACTS: Approval of this amendment will have no fiscal impact on the County. RELATED CODES OR REGULATIONS: None affected. 2.2.24.3.2. Development standards and regulations for ACSC-ST. All development orders issued within the ACSC-ST area shall comply with or be more restrictive than chapter 28-25, Florida Administrative Code, as amended, Boundary and Regulations for the Big Cypress Area of Critical State Concern, as set forth included below=. All development orders issued for projects within the Big Cypress Area of Critical State Concern shall be transmitted to the State of Florida Department of Community Affairs for review with the potential for appeal to the administration commission pursuant to Chapter 9J-1. Florida Administrative Code. Development Order Requirements for Areas of Critical State Concern. 1. Site alteration. a. Site alteration shall be limited to ten percent of the total site size,, and installation of nonpermeable surface shall not exceed 50 percent of any such area. However, a minimum of 2,500 square feet may be altered on any permitted site. Such site alteration activities include: (i)prescribed fires and • - •• - . -•• • . . . . ed by the Florida department of forestry; (ii)removal and control of listed exotic plant species; . _ . . . _ . . . -, . . _ "." . _ _ • , restoration of historical hydroperiods; and(vi) other activities a case by case basis. Eb. Any nonpermeable surface greater than 20,000 square feet shall provide for release of surface runoff, collected or uncollected, in a manner approximating the natural surface water flow regime of the area. d-c. Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or system maintained in order to retain runoff and siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of a development. Revegetation shall be accomplished with preexisting species except that undesirable exotic species shall not be replanted or propagated. Exotic species included are listed below. Australian pine (Casuarina spp.) Bishopwood (Bischofia javanica) Brazilian pepper (Schinus terebinthifolius) Melaleuca (Melaleuca spp.) Downy rosemyrtle (Rhodomyrtus tomentosa) Earleaf acacia (Acacia auriculiformis) Catclaw mimosa (Mimosa pigra) Java plum (Syzygium cumini) e:d. No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants specifically protected by this regulation include: all wetland plants listed by the Florida department of environmental regulation in chapter 17-301, Florida Administrative Code, as amended. €:e. Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of stormwaters as sheet flow from the downstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide for the passage of water in a manner approximating the natural flow regime and designed to accommodate the 50-year storm. Fill areas and related ponds shall not substantially retain or divert the tidal flow in or to a slough or strand or significantly impede tidal action in any portion of the estuarine zone. gf. Manmade lakes,ponds or other containment works shall be constructed with a maximum slope of 30 degrees to a depth of six feet of water. When mineral extraction is completed in new quarrying lakes, shoreline sloping,planting of littoral shelves with nursery-grown aquatic vegetation, restoration or revegetation of the property, and disposal of spoils or tailings shall be completed before abandonment of the site. Existing quarrying lakes are exempt from this provision except that whenever any person carries out an activity defined in F.S. § 380.04, as amended, as development or applies for a development permit as defined in F.S. § 380.031, as amended, to develop any existing quarrying lake area, these regulations shall apply. lrg. Finger canals shall not be constructed in the ACSC-ST area. h. This rule shall not apply to site alterations undertaken in connection with the agricultural use of land or for the conversion of land to agricultural use. 2. Drainage. a. Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in capacity or length except in conformance with subsection 2[b] immediately following; however, modifications may be made to existing facilities that will raise the groundwater table or limit saltwater intrusion. b. New drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system, either on-site or to a natural retention or filtration and flow area. New drainage facilities shall also maintain a groundwater level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or system. Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring flows in a strand, slough or estuarine area. c. New drainage facilities shall not discharge water into any coastal waters whether directly or through existing drainage facilities. d. This rule shall not apply to drainage facilities modified or constructed in order to use land for agricultural purposes or to convert land to such use. 3. Transportation a. Transportation facilities which would retain, divert or otherwise block surface water flows shall provide for the reestablishment of sheet flow through the use of interceptor spreader systems or performance equivalent structures and shall provide for the passage of stream, strand, or slough waters through the use of bridges, culverts,piling construction or performance equivalent structures or systems. b. Transportation facilities shall be constructed parallel to the local surface flow, and shall maintain a historic ground level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems and as feasible, the flows in such works shall be released to natural retention filtration and flows areas. c. Transportation facility construction sites shall provide for siltation and runoff control through the use of settling ponds, soil fixing or performance equivalent structures or systems. 4. Structure installation a. Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action. b. Minimum low floor elevation permitted for structures shall be at or above the 100-year flood level, as established by the administrator of the federal Flood Insurance Administration. The construction of any structure shall meet additional federal flood insurance land management and use criteria, 24 CFR 1910, as amended, as administered by the appropriate local agency. c_ This rule shall not apply to structures used or intended for use in connection with the agricultural use of the land. Chapter 9J 1, Florida Administrative Code, Development Order Requirements for Areas of Critical State Concern. 2.2.24.3.2.LDC AMENDMENT/SL/md/H:MARIE'S LDC ORIGIN: Community Development & Environmental Services AUTHOR: Stephen Lenberger, Environmental Specialist II DEPARTMENT: Planning Services LDC PAGE: LDC2:98 LDC SECTION: 2.2.24.8. CHANGE: Add exceptions to special treatment (ST) overlay section of the land development code for administrative approval by the development services director for oil and gas surveys and testing with only temporary site alterations and water management berms and structures for the protection and/or enhancement of ST areas as approved by the South Florida Water Management District. REASON: The proposed amendment will allow the development services director to administratively approve special treatment (ST) permits involving only minor site alterations. Proposed exceptions include site alterations which are either temporary in nature or required by the South Florida Water Management District. FISCAL & OPERATIONAL IMPACTS: The proposed amendment will save staff time in preparing staff reports and presenting petitions to the CCPC and BCC. The applicants will save time in obtaining special treatment(ST)permits. RELATED CODES OR REGULATIONS: None affected. 2.2.24.8. Exceptions. L Where land has an ST designation and the proposed alteration or development area contains 20 acres or less in gross area, and where no transfer of development rights are involved, the development services director may approve a site alteration plan or a site development plan. Prior to such approval, the development services director shall make a finding that the following conditions exist: 4,a. The proposed site alteration or site development plan will not require any modification, with the exception of exotic vegetation removal, of the topography, drainage, flora, or fauna on the site. 2b. Single-family principal structure where the proposed site alteration or site development plan will not require any significant modification of topography, drainage, flora, or fauna on the site, or where the alteration involves the renovation or replacement of a single family structure. Significant modification shall mean greater than ten percent of the site. sc. No pollutants will be discharged from the area that will degrade the air, water or soil below the levels existing at the time of application. d_Water management berms and structures (for the protection and/or enhancement of ST areas) which are of the minimum dimensions approved by the South Florida Water Management District. 2. Oil and gas geophysical surveys and testing with only temporary site alterations and subject to applicable federal, state and county approvals. Temporary site alteration shall mean only those alterations involving hand cutting of vegetation for surveys and equipment entry. drill holes not exceeding six inches in diameter and rutting associated with vehicle access. Trimming of vegetation for access routes shall be kept to the minimum width necessary for surveying and testing. The site shall be restored as required by federal, state and county permits within 90 days of the start of the project. All other site alteration or site development plan approvals of any size shall be as required in sections 2.2.24.4, 2.2.24.5, and 2.2.24.6. 2.2.24.8.LDC AMENDMENT/SL/md/H:MARIE'S LDC ORIGIN: Community Development &Environmental Services AUTHOR: Barbara S. Burgeson, ES II DEPARTMENT: Planning Services LDC PAGE: 3:130 LDC SECTION: 3.9.5.2.6. CHANGE: Language added to Section 3.9.5.2.6. to allow for an exception to the quantity and size of the replacement vegetation. REASON: To encourage property owners and managers to remove non-native plant species, which have invasive growth habits, by reducing the replacement size from caliper for caliper to a 1:1 ratio at the mitigation sizes listed in Section 3.9.5.5.4. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. 3.9.5.2.6. Protected vegetation proposed for removal is non-native. Replacement of non-native vegetation shall be with native vegetation of comparable caliper and area and shall be subject to the approval of the development services director or his/her designee. In the event that comparable caliper or diameter at breast height (DBH) vegetation is not available, smaller dbh trees that total the requisite caliper may be substituted. Under no circumstances will a tree or shrub less than the minimum size requirement for landscaping be accepted. (Exceptions will be granted for removal of non-native vegetation as listed in Sections 2.4.4.9-2.4.4.11. The replacement requirement for this vegetation shall be on a 1:1 basis, using the minimum mitigation size criteria listed under Section 3.9.5.5.4.) Replacement native vegetation shall be planted within 14 calendar days of removal. 3.9.5.2.6.LDC AMENDMENT/BSB/md/H:MARIE'S LDC ORIGIN: Community Development& Environmental Services AUTHOR: Barbara S. Burgeson, ES II and Robert J. Mulhere AICP, Planning Services Director DEPARTMENT: Planning Services LDC PAGE: 3:132 LDC SECTION: 3.9.5.5.5 CHANGE: Language changed in Section 3.9.5.5.5 to allow for Administrative and Board of County Commissioners exemptions to the preservation requirements in 3.9.5.5. REASON: To give exemptions to specifically identified property owners, so that they do not have to protect any required percentage of existing native vegetation. This is done in cases of extreme hardship such as the Naples Memorial Gardens Cemetery which is the only cemetery in Naples and needs to expand to the maximum extent possible, to service the residents. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. 3.9.5.5.5. Bonifide agriculture (as set forth in section 2.2.2.2.1.2) shall be exempt from the above preservation requirements provided that any new clearing of land for agriculture shall not be converted to nonagricultural development for at least ten years. And meets the requirements of section 2.6.24. For any such conversions in less than ten years, the converted land will be restored with native vegetation to the degree required by this code at the time the clearing occurred. The Community Development & Environmental Services Administrator or his/her designee. may grant exemptions to previous permitted uses on agriculturally zoned property where it is in the best interest of the general public to allow expansion or development of the land in lieu of preservation of existing native vegetation. The Board of County Commissioners may grant exemptions to the above preservation requirements for essential public services where it is in the best interest of the general public to allow expansion or development of the land in lieu of preservation of existing native vegetation. 3.9.5.5.5.LDC AMENDMENT/BSB/md/H:MARIE'S LDC 3.8.11 COLLIER COUNTY LAND DEVELOPMENT CODE missioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the development services director in light of the recommendations of the environ- mental advisory board. • DIVISION 3.9.VEGETATION REMOVAL,PROTECTION AND PRESERVATION* Sec. 3.9.1. Title and citation. This division shall be known and may be cited as the "Collier County Vegetation Removal, Protection and Preservation Regulations." Sec. 3.9.2. Purpose. The purpose of this division is the protection of vegetation within Collier County by regulating its removal;to assist in the control of flooding, soil erosion,dust, heat, air pollution and noise and to maintain property, aesthetic and health values within Collier County; to limit the use of irrigation water in open space areas by promoting the preservation of existing plant com- munities. To limit the removal of existing viable vegetation in advance of the approval of land development plans;to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this division to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this code. Sec. 3.9.3. Applicability: unlawful to remove vegetation. It shall be unlawful for any individual, firm, association,joint venture, partnership, estate, • trust, syndicate, fiduciary, corporation, group, or unit of federal, state, county, or municipal government to remove or cause to be removed,vegetation without first obtaining a vegetation removal permit from the development services director except as hereinafter exempted. 3.9.3.1. Except that in accordance with F.S. § 581.187, vegetation removal permits shall not be required for members of either the Seminole Tribe of Florida or the Miccosukee Tribe of Florida Indians, subject to the following conditions. Said permit exemption shall be for the sole purpose of harvesting select vegetation, including but not limited to palm fronds and cypress, for use in chickee hut construction, or for cultural or religious purposes, and tribal member identi- fication and written permission from the property owner must be in possession at the time of vegetation removal. This exemption shall not apply to general land clearing, or to agricultural land clearing, including silviculture. (Ord. No. 94-27, § 3, 5-18-94) Sec. 3.9.4. Application requirements. 3.9.4.1. Other permits required. No vegetation removal permit shall be issued by the development services director until all applicable federal and state,and county approvals as designated by the development services director have been ob- tained. These approvals may include, but are not limited to: Building permits. Special treatment (ST) development permits. *Code references—Environment, ch. 54; natural resources, ch. 90; vegetation, ch. 138. Supp. No. 1 LDC3:126 DEVELOPMENT REQUIREMENTS § 3.9.4.1 U.S. Army Corps of Engineers permits or exemptions. Florida department of environmental regulation permits or exemptions. Florida department of natural resources permits or exemptions. South Florida Water Management District permits or exemptions. Other applicable agency reviews or permits or exemptions. Other county approvals. \_J Supp.No. 1 LDC3:126.1 DEVELOPMENT REQUIREMENTS § 3.9.4.2.2 3.9.4.2. Application contents. Application for a vegetation removal permit shall be submitted to the development services director in writing on a form provided by the development services department. The application shall include the following information: 3.9.4.2.1. A generalized vegetation inventory which includes: 1. Generalized vegetation inventory.A generalized vegetation inventory shall show the approximate location and extent of vegetation upon the site. The inventory shall be based upon tha most current available informa- _ tion.For nonresidential and multifamily development,the inventory may be in the form of an aerial or a field survey, and may be accompanied by photographs or videotapes illustrating typical areas of vegetation refer- enced to positions on the aerial or survey, but shall clearly indicate hab- itat types and protected vegetation, and may be accompanied by photo- graphs or videotapes illustrating typical areas of vegetation referenced to positions on the aerial or survey. The generalized vegetation inventory shall be prepared in some manner which clearly illustrates the relation- ships between the areas of vegetation and the proposed site improve- ments. 2. Generalized written assessment and evaluation. The generalized vegeta- tion inventory shall be accompanied by a brief written assessment of the plant communities which have been identified on the site. The assess- ment shall include an evaluation of character and quality of the plant a Wit. communities identified, including their rarity, viability, and such other = " _ physical characteristics and factors which may affect their preservation. t The inventory assessment and evaluation shall be prepared by a person knowledgeable in the identification and evaluation of vegetative re- sources, such as a forester, biologist, ecologist, horticulturist, landscape architect, or certified nurseryman. 3. Reasonable additional information. The development services director may require that the application include such additional information which is reasonable and necessary for adequate administration of this division. 3.9.4.2.2. A site plan which includes: 1. Property dimensions. 2. Location of existing infrastructure and alterations. 3. Location of proposed structures, infrastructure and alterations. 4. The location and species of all protected vegetation. Large stands of a single species,such as cypress heads,may be indicated as a group with an approximate number or area. 5. Specific identification of all specimen trees. 6.. Designation of all protected vegetation proposed for removal. 7. Location and details of protective barricading of the vegetation to be retained. 8. Description of any proposed alteration of mangroves. 9. Description of any proposed maintenance trimming of mangroves. LDC3:127 § 3.9.4.2.3 COLLIER COUNTY LAND DEVELOPMENT CODE 3.9.4.2.3. An executed statement which includes: 1. Name, address, and phone of property owner. 2. Name,address,and phone of authorized agent and on-site representative. 3. Proof of ownership. 4. Legal description. °T 5. Reason for proposed removal. 6. Method to distinguish vegetation to be removed from vegetation to be preserved and method of removal.It should be noted that the root system of the vegetation shall also be protected. 7. Signature of property owner or copy of a specific contract signed by prop- erty owner. 3.9.4.2.4. Vegetation relocation plan. If vegetation relocation is proposed by the applicant prior to site development plan,construction plan or other final approvals,a vegetation relocation permit (vegetation removal permit) may be issued by the development services di- rector provided that it can be demonstrated that early transplantation will enhance the survival of the relocated vegetation. The vegetation relocation plan shall document methods of relocation, timing of relocation, watering pro- visions, maintenance and other information as required by the development services director. (Ord. No. 93-89, § 3) Sec. 3.9.5. Vegetation removal, protection and preservation standards. 3.9.5.1. Vegetation protection. 3.9.5.1.1. General. During construction, all reasonable steps necessary to prevent the destruction or damaging of vegetation shall be taken, including the installa- tion of protective barriers. Vegetation destroyed or receiving major damage must be replaced by vegetation of equal environmental value, as specified by the development services department,before occupancy or use unless approval for their removal has been granted under permit. 3.9.5.1.2. Filling and construction debris. During construction, unless otherwise autho- rized by the vegetation removal permit, no excess soil, additional fill, equip- ment,liquids,or construction debris,shall be placed within the dripline of any vegetation that is required to be preserved in its present location. 3.9.5.1.3. Attachments. Unless otherwise authorized by the vegetation removal permit, no attachments or wires other than those of a protective or nondamaging nature shall be attached to any vegetation during construction. 3.9.5.1.4. Excavation. Unless otherwise authorized by the vegetation removal permit,no soil is to be removed from within the dripline of any vegetation that is to remain in its original location. 3.9.5.1.5. Protective barriers. 1. Installation of protective barriers.All protective barriers shall be installed and maintained for the period of time beginning with the commencement of any phase of land clearing or building operations and ending with the completion of that phase of the construction work on the site, unless LDC3:128 DEVELOPMENT REQUIREMENTS § 3.9.5.2.5 otherwise approved to be removed by the development services director's field representative.All protective barriers shall be installed pursuant to the Tree Protection Manual for Builders and Developers, division of forestry, State of Florida or other methods approved by the development services director. 2. Applicant's representative required. The applicant for a vegetation re- moval permit shall, at the time of application, designate representa- tive(s): a. Who shall be responsible for the installation and the maintenance of all tree protection barriers. b. Who shall be responsible for supervising the removal of all existing vegetation permitted to be removed or altered. 3. Protection of all areas of vegetation. Areas to be preserved shall be protected during land alteration and construction activities by placing a continuous barrier around the perimeter of the area of vegetation to be preserved. This barrier shall be highly visible and constructed of wood stakes set a maximum of ten feet apart, at a height range of two to four feet, all covered continuously with brightly colored, all-weather mesh material or equal type barrier method. An equivalent method may be substituted with the approval of the development services director. 4. Protection of individual trees. When the retention of single trees is „..,�;.. required by this code, a protective barrier, similar to that required in • [section] 3.9.5.1.5.3,shall be placed around the tree at a distance from the - ' trunk of six feet or beyond the dripline, whichever is greater, or as otherwise approved by the development services director's field represen- tative. 3.9.5.2. Criteria for removal of protected vegetation. The development services director may approve an application for vegetation removal permit based on the following criteria: 3.9.5.2.1. Protected vegetation is a safety hazard to pedestrian or vehicular traffic,public services, utilities, or to an existing structure. 3.9.5.2.2. Diseased or otherwise unhealthy vegetation as determined by standard horticultural practices and if required, a site inspection by the development services director's field representative. 3.9.5.2.3. A final local development order has been issued which requires removal of the protected vegetation. 3.9.5.2.4. Compliance with other codes and/or ordinances may involve protected vegeta- tion removal. 3.9.5.2.5. The approval for an application involving vegetation removal activity shall be granted only if the development services director finds that reasonable efforts have been undertaken in the layout and design of the proposed development to preserve existing vegetation and to otherwise enhance the aesthetic appear- ance of the development by the incorporation of existing vegetation in the Supp.No. 5 LDC3:129 § 3.9.5.2.5 COLLIER COUNTY LAND DEVELOPMENT CODE • design process. Relocation or replacement of vegetation may be required as a _ condition to the issuance of an approval in accordance with the criteria set forth in this division. 3.9.5.2.6. Protected vegetation proposed for removal is nonnative. Replacement of nonnative vegetation shall be with native vegetation of comparable caliper and area and shall be subject to the approval of the development services director or his/her designee. In the event that comparable caliper or diameter at breast heights (dhh) vegetation is not available, smaller dbh trees that total the requisite caliper may be substituted. Under no circumstances will a tree or shrub less than the minimum size requirement for landscaping be accepted. Replacement native vegetation shall be planted within 14 calendar days of removal. 3.9.5.2.7. On a parcel of land zoned residential single-family (RSF), village residential (VR), estates (E) or other nonagricultural, noncommercial zoning district in which single-family lots have been subdivided for single-family use only, a vegetation removal permit may be issued for any permitted accessory use to that zoning. 3.9.5.2.8. The proposed mangrove alteration has a Florida department of environmental protection permit or meets the permitting standards in Florida Administrative Code 17-321.030, 17-321.050, 17-321.100, 17-321.801, 17-321.802, or 17- 321.803 as may be amended. 3.9.5.3. Management plan required For all individual areas of mangrove trees and areas of preserved plant communities larger than one-half acre in area, the owner shall submit, for the approval of the development services director, a narrative management plan indicating the manner in which the owner will preserve the native plant communities. The narrative shall include: 3.9.5.3.1. Whether or not the existing vegetation is to be preserved in the existing species composition. 3.9.5.3.2. If applicable, the manner in which the composition of existing plant material is to be preserved(hand removal of invasive species, prescribed burning, etc.). 3.9.5.3.3. The maintenance schedule for the removal of invasive species. 3.9.5.3.4. The maintenance schedule for the removal of debris. 3.9.5.3.5. Other information that maybe required by the development services director that is reasonable and necessary to determine if the management plan meets the requirements of this code. 3.9.5.4. On-site inspection. The development services director's field representative may conduct an on-site inspection to determine if the proposed vegetation removal meets the criteria in section 3.9.5.2 and conforms to the preservation standards in section 3.9.5.5 below. 3.9.5.5. Preservation standards. 3.9.5.5.1. All development not specifically exempted by this ordinance shall incorporate at a minimum the preservation standards contained within this section. Supp.No. 5 LDC3:130 DEVELOPMENT REQUIREMENTS § 3.9.5.5.4 3.9.5.5.2. All new developments shall retain existing native vegetation to the maximum extent possible, especially where said native vegetation exists within required buffer areas.Where the required minimum retained vegetation percentage has been met pursuant to sections 3.9.5.5.3 and 3.9.5.5.4 additional native vege- tation shall be retained unless necessary' grade changes, required infrastruc- ture, stormwater management system design or approved construction foot- - prints necessitate its removal. The need to remove additional existing native trees shall be demonstrated by the applica It as part of the vegetation removal review process.When required to be removed,existing viable native trees shall be transplanted into site landscaping unless the applicant can demonstrate that transplanting is not feasible or appropriate. Retained areas of vegetation N shall be preserved in their entirety with all trees, understory, and ground covers left intact and undisturbed,except for prohibited exotic species removal, enhancement with native plant material and pruning and maintenance. 3.9.5.5.3. All new residential or mixed use•developments greater than 2.5 acres in the Coastal Management Area as defined in the 1989 edition of the future land use element of the county growth management plan and greater than 20 acres in the Coastal Urban Designated Area as defined in the General Plan Require- . ments section(6.4.6)of the Adoption Notebook of the 1989 edition of the future land use element of the county growth management plan shall retain 25 percent 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 percent requirement considering canopy understory and ground cover, providing that in such areas of credit, ground cover constitutes no more than 20 percent of the landscaped area. 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 percent native vegetation policy.This policy shall not be interpreted to allow development in wetlands, should the wetlands alone constitute more than 25 percent of the site. Exceptions shall be granted for parcels that cannot reasonably accommodate both the native vegetation and the proposed activity. 3.9.5.5.4. All other types of new development not referenced in section 3.9.5.5.3 above, including but not limited to 1)residential or mixed use developments under the thresholds set forth in section 3.9.5.5.3; 2) commercial development; and 3) -- industrial development shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the county develop- ment review process.For new development under five acres,a minimum of ten percent of the native vegetation on-site (by area), shall be retained, including the understory and ground cover.For new development five acres or greater,a minimum of 15 percent of the native vegetation on-site (by area), shall be retained,including the understory and ground cover. Preservation of different contiguous habitats is to be encouraged.When several native plant communi- ties exist on-site the development plans will reasonably attempt to preserve examples of all of them, if possible. However, this policy shall not be Supp.No.5 LDC3:131 § 3.9.5.5.4 COLLIER COUNTY LAND DEVELOPMENT CODE interpreted to allow development in wetlands, should wetlands alone consti- tute more than the portion of the site required to be preserved. Exceptions, by means of mitigation in the form of increased landscape requirements, shall be granted for parcels which cannot reasonably accommodate both the preserva- tion area and the proposed activity. Where native preservation requirements are not accommodated, the landscape plan shall re-create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more Quickly re-create the lost mature vegetation. Such revegetation shall apply the standards of Section 2.4.4. and include a quantity of plantings matching the amount of required preserved native vegetation that was removed.The following minimum sizes shall apply: 1 gallon ground covers; 5 gallon shrubs; 14 to 16 foot high trees with a seven to eight foot crown spread and a diameter of three to four inches at four and one-half feet above natural grade. Previously cleared parcels, void of native vegetation, shall be exempt from this requirement. 3.9.5.5.5. Agriculture shall be exempt from the above preservation requirements pro- vided that any new clearing of land for agriculture shall not be converted to nonagricultural development for at least ten years and meets the requirements of section 2.6.24.For any such conversions in less than ten years,the converted land will be restored with native vegetation to the degree required by this code at the time the clearing occurred. (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 96-66, § 3.I, 10-30-96) Sec. 3.9.6. Review procedures. 3.9.6.1. Issuance of permit. Based on the information contained in the application and obtained from the on-site inspection,the development services director,and for mangrove alteration permits the natural resources director may approve or deny an application. An approved vegetation removal permit is valid for a period not to exceed 180 days except for mangrove alteration. Mangrove alteration permits shall be valid for a period of five years from date of issuance, or date of issuance by the Florida department of environmental protection.An extension requested prior to expiration of the original permit may be granted for good cause shown upon written application to the development services director and for mangrove alteration permits the county manager or his designee. The development services director and for mangrove alteration permits the county manager or his designee may attach conditions to the permit relative to the methods of designating and protecting vegetation not proposed for removal.Aviolation of these conditions shall[be] cause to void the vegetation removal permit. 3.9.6.2. Denial of permit. In the event an application is denied by the development services director, the reason(s) shall be noted on the application and returned promptly. 3.9.6.3. Permit fees. All vegetation removal and agricultural clearing permit applica- tions requiring review and approval shall be charged a review fee unless specifically exempted by the development services director pursuant to this code. The board of county commissioners shall establish and adopt, by resolution, a schedule of fees for vegetation removal, review and approval Supp.No.5 LDC3:132 DEVELOPMENT REQUIREMENTS § 3.9.6.4.2 • permits.The schedule of fees and the resolution establishing such fees shall be on file with the clerk to the board. The schedule of fees may be changed by resolution of the board of county commissioners. 3.9.6.4. Exceptions. 3.9.6.4.1. A vegetation removal fee is not required to remove the following prohibited exotic vegetation from developed property or from undeveloped property after a vegetation removal permit has been issued: (1) Australian pine (Casuarina spp.). (2) Melaleuca (Melaleuca spp.). (3) Brazilian pepper (Schinus terebinthifolius). (4) Earleaf acacia (Acacia auriculiformis). (5) Catclaw mimosa (Mimosa pigra). (6) Java plum (Syzygium cumini). (7) Downy rosemyrtle (Rhodomyrtus tomentosus). (8) Women's tongue (Albizia lebbeck). 3.9.6.4.2. Except for lots on undeveloped coastal barrier islands, and any project proposing to alter mangrove trees, a vegetation removal permit for clearing one acre or less of land is not required for the removal of protected vegetation, other than a specimen tree on a parcel of land zoned residential, single-family (RSF), village residential (VR), or estates (E), or other nonagricultural, noncommercial zoning districts in which single-family lots have been subdi- vided for single-family use only,where the following conditions have been met: (1) A building permit has been issued for the permitted principal structure (the building permit serves as the clearing permit), or • Supp.No. 5 LDC3:132.1 DEVELOPMENT REQUIREMENTS § 3.9.6.5.1 (2) The permitted principal structure has been constructed, and the property owner or authorized agent is conducting the removal. 3.9.6.4.3. A vegetation removal permit is not required for the removal of vegetation other than a specimen tree from property zoned agriculture (A) where the following conditions have been met: (1) The property is to be used for a bona fide agricultural use as defined by this code and application for an agriculttural clearing permit has been filed with and approved by the development services director prior to the removal of any protected vegetation pursuant to this code. 3.9.6.4.4. A vegetation removal permit is not required for the removal of protected veg- etation other than a specimen tree,when a site plan and vegetation protection plans have been reviewed and approved by the development services director as part of the final development order. 3.9.6.4.5. A vegetation removal permit is not required for the removal of protected veg- etation other than a specimen tree from the property of a Florida licensed tree farm/nursery,where such vegetation is intended for sale in the ordinary course of the licensee's business and was planted for the described purpose. 3.9.6.4.6. A vegetation removal permit is not required for the removal of protected veg- etation other than a specimen tree by a Florida licensed land surveyor in the performance of his/her duties, provided such removal is for individual trees within a swatch [swath] less than three feet in width. 3.9.6.4.7. Mangrove alteration projects that are exempted from Florida department of environmental protection permit requirements by Florida Administrative Code 17-321.060 are exempt from preservation standards for the mangrove trees. 3.9.6.4.8. The Collier County planning commission may grant a variance to the provi- sions of this section if compliance with the mangrove tree preservation stan- dards of this division would impose a unique and unnecessary hardship on the owner or any other person in control of affected property.Relief shall be granted only upon demonstration by the landowner or affected party that such hard- ship is peculiar to the affected property and not self-imposed, and that the grant of a variance will be consistent with the intent of this division and the growth management plan. 3.9.6.4.9. A vegetation removal permit is not required for the removal of protected veg- etation prior to building permit issuance if the conditions set forth in section 3.2.8.3.6 have been met. 3.9.6.5. Agricultural land clearing. A permit for clearing of agriculturally zoned land for bona fide agricultural use, as defined by this code, shall be required for all agricultural operations except as exempted by section 3.9.6.5.6 of this code. 3.9.6.5.1. Application. An application for an agricultural clearing permit shall be sub- mitted in the form established by the development services director. Silvicul- ture operations, as defined by this code, shall require a management plan prepared by a forester or a resource manager(e.g. division of forestry, private or industrial) as part of the application.An application fee in an amount to be determined by the board of county commissioners shall accompany and be a part of the application. Supp.No. 3 LDC3:133 § 3.9.6.5.1 COLLIER COUNTY LAND DEVELOPMENT CODE The following conditions, as applicable, shall be addressed as part of and at- tachments to the agricultural land clearing application: (1) If an ST or ACSC-ST overlay is attached to the zoning of the property, an ST development permit has been;issued by the development services director. The ST or ACSC-ST permit review shall be in accordance with Collier County land development code division 2.2, section 2.2.24 and may be simultaneously reviewed with the agricultural clearing permit application. ,t (2) The application,including generalized vegetation inventory and clearing plan as outlined in sections 3.9.4.2.1,3.9.4.2.2 and 3.9.4.2.3,and site visit (if required)confirm that the proposed use is consistent with the require- ment of the zoning district as a bona fide agricultural use and the appli- cant has been informed of the rezoning restriction which granting the permit shall place on his property. (3) The applicant has obtained and produced a copy of the South Florida Water Management District (SFWMD) consumptive water use permit or exemption, if required by SFWMD. (4) The applicant has obtained and produced a copy of the South Florida Water Management District surface water management permit or ex- emption, if required by SFWMD. (5) The applicant has obtained and produced a copy of the United States Army Corps of Engineers(ACOE)permit or exemption,if required by the ACOE. (6) The applicant has submitted data relating to wetland impacts and pro- tected wildlife species habitat subject to Collier County growth manage- ment plan, conservation and coastal management element policies 6.2.9, 6.2.10 and objective 7.3 and associated policies and Collier County land development code division 3.11. This data will be required only when the county's on-site inspection indicates that there are potential or actual impacts to wetlands and to protected federally and state listed wildlife habitat. Cl) The property owner, or authorized agent, has filed an executed agree- ment with the development services director, stating that within two years from the date on which the agricultural clearing permit is approved by the development services director, the owner/agent will put the prop- erty into a bona fide agricultural use and pursue such activity in a manner -. conducive to the successful harvesting of its expected crops or products. The owner/agent may elect to allow the subject property to lie fallow after completing the bona fide agricultural use, for the remainder of the ten- year period required by section 3.9.6.5(8) [3.9.6.5.1(8)]. If the clearing is expected to occur over a period greater than two years,this will be stated on the application and may be addressed as a condition on the agricul- tural clearing permit if determined by staff to be appropriate. (8) The property owner, or authorized agent, has filed an executed agree- ment with the development services director stating that the owner/agent is aware that the Collier County board of county commissioners will not rezone the property described in the agricultural clearing permit for a period of ten years from the date of approval of the agricultural clearing Supp.No.3 LDC3:134 DEVELOPMENT REQUIREMENTS § 3.9.6.5.3 permit by the development services director, unless for any such conver- sions in less than ten years, the converted land shall be restored with native vegetation to the degree required by this code. 3.9.6.5.2. Determination of completeness.After receipt of an application for an agricul- tural clearing permit, the development services director or his designee shall determine whether the application submitted is complete. All applicable con- ditions specified in section 3.9.6.5.1 must be addressed in order to obtain a determination of completeness. If the application is not complete, the develop- ment services director or his designee shall notify the applicant in writing of the deficiencies.No further steps to process the application shall be taken until all of the deficiencies in the application have been met. Where the applicant submits as part of the application for an agricultural clearing permit a copy of the completed application for a SFWMD consumptive use permit or exemption, for a SFWMD surface water management permit or exemption, or for an ACOE permit or exemption, as applicable, a modified determination of completeness may be issued providing that said permits or exemptions are not necessary for further county review and providing that all other deficiencies in the application have been addressed. A determination of completeness or a modified determination of completeness shall be made,in writing,within ten business days of receipt of the completed application. . 3.9.6.5.3. Criteria for review of application. Review of the application for an agricultural clearing permit shall commence upon issuance of the determination of com- pleteness or modified determination of completeness and shall be completed within 20 business days from the date of issuance to the applicant of a deter- mination of completeness except where additional data and or information is required to address environmental impacts.Where such additional data and or information is required, staff shall have ten business days to complete review of the application after receipt of said additional data and or information from the applicant. The following criteria shall be utilized by staff in reviewing an application for issuance of an agricultural clearing permit: 1. A determination of completeness or a modified determination of complete- ness has been issued to the applicant. 2. An on-site inspection has been made by staff, if indicated. 3. Environmental impacts, including wetlands and protected wildlife spe- cies habitat(s) shall have been addressed in accordance with the require- ments of the Collier County growth management plan and the land de- velopment code, as may be amended from time to time. Additional data and or information required by the county to address environ- mental impacts shall be submitted by the applicant upon written request by staff. Such request shall be sent by certified mail, return receipt requested. Such additional data and or information shall be submitted to the county by the applicant within the 20-day review period specified in section 3.9.6.5.3 above or the application for an agricultural clearing permit shall be denied unless the applicant has petitioned the county in writing for an extension of -M-z- time. LDC3:135 § 3.9.6.5.4 COLLIER COUNTY LAND DEVELOPMENT CODE 3.9.6.5.4. Issuance of permit.After an application for an agricultural clearing permit has been reviewed in accordance with section 3.9.6.5.3, the development services director or his designee shall grant the permit, grant with conditions or deny the permit, in writing within ten business days of receiving a completed ap- plication for an agricultural clearing permit. For purposes of this section, an application for an agricultural clearing permit shall not be complete until all applicable conditions specified in section 3.9.6.5.1 are addressed and attached to the application,including applicable permits or exemptions from the SFWMD or ACOE. Where the agricultural clearing permit is denied, the letter shall state the reason(s) for said denial. 3.9.6.5.5. Renewal of agricultural clearing permit. An approved agricultural clearing permit is valid for five years and may be automatically renewed for five-year periods providing that a notification in writing is forwarded to the develop- ment services director at least 30 but no more than 180 days prior to the expiration of the existing permit and providing that the property has been actively engaged in a bona fide agricultural activity in accordance with the requirements of section 3.9.6.5.1 of this code. Such notification shall state that the applicant is in compliance with any and all conditions and/or stipulations of the permit. A violation of permit condi- tions shall [be] cause to void the agricultural clearing permit. Applicants failing to provide notification as specified herein shall be required to submit a new application for an agricultural clearing permit. 3.9.6.5.6. Exemptions. 1. An agricultural clearing permit is not required for operations having obtained a permit under Ordinance No. 76-42 and which can demonstrate that an approved bona fide agricultural activity was in existence within -a- two years of the permit issuance date, or for operations which can dem- onstrate that a bona fide agricultural activity was in existence before the effective date of Ordinance No. 76-42. Such demonstrations for exemp- tions may include agricultural classification records from the property appraiser's office; dated aerial photographs; occupational license for ag- ricultural operation; or other information which positively establishes the commencement date and the particular location of the agricultural " operation. 2. Upon issuance of an agricultural clearing[permit] or as exempted above, activities necessary for the ongoing bona fide agricultural use and main- tenance shall be exempted from obtaining additional agricultural clearing permits for that parcel providing that the intent, use and scope of said activities remain in accordance with the ongoing agricultural clearing ..,,,�. permit or exemption.Ongoing bona fide agricultural activities that qualify for this exemption as described in this section may include but are not limited to clearing for, around or in dikes, ditches, canals, reservoirs, swales,pump stations,or pens;removal of new growth,such as shrubs or trees,from areas previously permitted or exempted from this section;fire line maintenance;approved wildlife food plots;or other activities similar in nature to the foregoing. Fences, buildings and structures requiring a LDC3:136 DEVELOPMENT REQUIREMENTS § 3.9.6.6.5 building permit shall be exempt from an agricultural clearing permit but must obtain a vegetation removal permit. 3. No agricultural clearing permit shall:be required for protected vegetation that is dead, dying or damaged beyond saving due to natural causes also known as acts of God providing that: a. The development services director is notified in writing within two business days prior to such removal and the county makes no objec- tion within said two business days; b. The tree is not a specimen tree; c. The vegetation is not within an area required to be preserved as a result of a required preservation,mitigation or restoration program; d. The parcel is currently engaged in bona fide agriculture, as defined by this code. 4. No agricultural clearing permit shall be required for the removal of any vegetation planted by a farmer or rancher which was not planted as a result of a zoning regulation or a required mitigation or restoration pro- gram. 3.9.6.6. Requirement for removal of prohibited exotic vegetation. 3.9.6.6.1. Prohibited exotic vegetation removal and methods of removal shall be con- ; :; ducted in accordance with the specific provisions regarding prohibited exotic vegetation removal in each local development order. 3.9.6.6.2. Protection of native vegetation, according to the applicable provisions of this division shall be required during prohibited exotic vegetation removal. 3.9.6.6.3. Prohibited exotic vegetation shall be removed: (1) From all rights-of-way,common area tracts not proposed for development and easements prior to preliminary acceptance of the phase of the re- quired subdivision improvements; (2) From within the associated phase of the final site development plan prior to the issuance of a certificate of occupancy. 3.9.6.6.4. Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative. 3.9.6.6.4.1. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency. 3.9.6.6.4.2. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. 3.9.6.6.5. A maintenance plan shall be submitted to the development services director for review on sites which require prohibited exotic vegetation removal prior to the issuance of the local development order. This maintenance plan shall de- scribe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the local development order shall be LDC3:137 § 3.9.6.6.5 COLLIER COUNTY LAND DEVELOPMENT CODE contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violation of this division. The development services di- rector's field representative shall inspect sites periodically after issuance of the certificate of occupancy,or other final acceptance, for compliance with this division. 3.9.6.6.6. In addition to the other requirements of this division, the applicant shall be required to remove on single-family and two-family lots for all new principal dwelling units, all prohibited exotic vegetation before a certificate of occu- pancy is granted.The removal of prohibited exotic vegetation shall be required in perpetuity.Upon issuance of a vegetation removal permit,prohibited exotic vegetation may be removed from lots which are zoned residential single-family (RSF), estates (E), village residential (VR), and mobile home (MH), prior to issuance of a building permit. 3.9.6.6.7. Disposal of exotic vegetation. The disposal of the prohibited exotic vegetation after removal shall be approved as a part of the local development order. Disposal sites may include, but not be limited to mulching facilities at the Collier County landfill. 3.9.6.7. Destination of specimen tree.By resolution of the Collier County board of county commissioners, a plant may be designated a specimen tree because of its his- torical significance, rarity in Collier County, age or extraordinary size. A .�. public hearing shall be held with notice provided to the property owner by certified mail. The designation shall be recorded in the official records of the clerk of the circuit court.All recording fees are the responsibility of the Collier County board of county commissioners. 3.9.6.8. Penalty. 1. The failure of a property owner or any other person to obtain an approved agricultural clearing permit as required in section 3.9.6.4.3 shall consti- tute a misdemeanor and each protected living,woody plant, constituting protective vegetation,removed in violation of this code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed$500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. 2. The failure of a property owner or any other person to put the subject premises into a bona fide agricultural use as required in section 3.9.6.5.1(7) shall constitute a misdemeanor for which the agricultural clearing permit was approved by the development services director and each protected living, woody plant, constituting protective vegetation, removed in vio- lation of this code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per --� violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general law for violation of ordinances,the board of county commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this code. 3. Any person violating any provisions of this code or the conditions of a permit issued hereunder, and not specifically covered in subsection (1) LDC3:138 DEVELOPMENT REQUIREMENTS § 3.9.6.8 • and subsection (2) of this section, shall constitute a misdemeanor and each protected living, woody plant, constituting protective vegetation, removed in violation of this code shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 per violation or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. In addition to or in lieu of the penalties provided by general lav for violation of ordinances, the board of county commissioners may bring injunctive action to enjoin the removal of vegetation in violation of this code. 4. Restoration standards. If an alleged violation of this code has occurred and upon agreement between the development services director and the violator,or if they cannot agree,then,upon conviction by the court or the code enforcement board, in addition to any fine imposed, a restoration plan shall be ordered in accordance with the following standards: (A) The restoration plan shall include the following minimum planting standards: (1) In the successful replacement of trees illegally removed, re- placement trees shall be of sufficient size and quantity to re- place the dbh inches removed.Dbh is defined for the purposes of this ordinance as diameter of the tree, measured at a height of 4.5 feet above natural grade. (2) Each replacement tree shall be Florida grade no. 1 as graded by the Florida department of agriculture and consumer ser- vice. (3) All replacement trees shall be nursery grown, containerized and at a minimum be seven to eight feet in height, have a minimum caliper of one to 11/2 inches at 12 inches above nat- ural grade. (4) Replacement trees shall have a guarantee of 80 percent sur- vivability for a period of no less than three years. A mainte- nance provision of no less than three years must be provided in the restoration plan to control invasion of exotic vegetation (those species defined as exotic vegetation by the Collier County land development code). (5) It shall be at the discretion of the development services di- rector to allow for any deviation from the above specified ratio. (B) In the event that identification of the species of trees is impossible for any reason on the property where protected trees were unlaw- fully removed, it shall be presumed that the removed trees were of a similar species mix as those found on adjacent properties. (C) The understory vegetation shall be restored to the area from which protected trees were unlawfully removed. The selection of plants shall be based on the characteristics of the Florida Land Use,Covers and Form Classifications System (FLUCCS) code. Shrubs, ground cover, and grasses shall be restored as delineated in the FLUCCS LDC3:139 § 3.9.6.8 COLLIER COUNTY LAND DEVELOPMENT CODE code. The species utilized shall be with relative proportions charac- teristic of those in the FLUCCS code.The exact number and type of species required may also be based upon the existing indigenous vegetation on the adjacent property at the discretion of the devel- opment services director. (D) If the unlawful removal of trees has caused any change in hy- drology, ground elevations or surface water flows, then the hy- drology, ground elevation or surface water flows shall be restored to pre-violation conditions. (E) In the event of impending development on property where protected trees were unlawfully removed, the restoration plan shall indicate the location of the replacement stock consistent with any approved plans for subsequent development. For the purposes of this ordi- nance, impending development shall mean that a developer has made application for a development order or has applied for a building permit. (F) The development services director may, at his discretion, allow the replacement stock to be planted off-site where impending develop- ment displaces areas to be restored.In such situations,off-site plant- ings shall be on lands under the control of a public land and/or agency. The off-site location shall be subject to the approval of the development services director. (G) The donation of land and/or of funds under the control of a public agency may be made if none of the above are viable alternatives. This donation of land and/or funds shall be equal to or greater than the total sum it would cost to restore the area in which the violation -.- occurred. (Preservation of different contiguous habitats is to be encouraged.) 3.9.6.9. Corrective measures for environmental violations. 1. The person(s) responsible for violations of the environmental sections of the land development code shall be notified according to section 1.9.5 and shall have 30 days to prepare a mitigation plan that is acceptable to the county to resolve the violation.The mitigation plan shall be submitted to development services staff for review and comment. Once the plan is accepted by development services, the responsible party shall have 15 days to complete the mitigation unless other arrangements are specified and agreed upon in the mitigation plan. 2. Mitigation shall restore the area disturbed unless the responsible party demonstrates that off-site mitigation will successfully offset the impacts _ being mitigated for [sic]. Off-site mitigation shall be on lands under the control of a public agency, or identified for public acquisition,or on lands --° protected from future development. Ratios for off-site mitigation shall be as follows: two to one for uplands and three to one for wetlands. 3. The selection of plants to be used shall be based on the characteristics of the Florida Land Use,Covers and Forms Classification System(FLUCCS) -., LDC3:140 DEVELOPMENT REQUIREMENTS § 3.9.6.9.2 code.The exact number and type of species required may vary depending on the existing indigenous vegetation found at the site. 4. If only trees were removed and the understory vegetation was not dis- turbed,then replacement of the dbh(diameter at breast height) in inches removed shall be required. For example, if one ten-inch dbh tree was removed, then a minimum of ten one-inch diameter trees six feet tall shall be required to mitigate. 5. If the violation has caused any change in hydrology, ground elevations or surface water flows,then the hydrology,ground elevation or surface water flows shall be restored to pre-violation conditions. 3.9.6.9.1. Requirements for a mitigation plan. 1. A copy of the deed, contract for sale or agreement for sale or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land, or permission from the landowner to mitigate on his or her site shall be provided. 2. The mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in section 3.8.4. 3. The plan shall designate the person's name,address and telephone number that prepared the plan. 4. A north arrow, scale, and date shall be required on the plan. 5. Existing vegetation areas shall be shown. 6. The proposed planting areas shall be clearly defined. 7. The plan shall denote the number and location of each plant to be planted, or for the case of ground covers, show them in groupings. Large mitiga- tion areas may be designated by a more simplified method. 8. All plants proposed shall be denoted by genus, species, and the common name. 9. The plan shall identify what is adjacent to the mitigation areas, i.e. existing forest (provide type), farm, natural buffer area, lake, etc. 3.9.6.9.2. Site-specific review criteria. 1. All plants used for mitigation shall be native Florida species. • 2. All plants used for mitigation shall be from a legal source and be graded Florida no. 1 or better, as graded by the Florida Department of Agricul- ture and Consumer Services' Grades and Standards for Nursery Plants (Charles S. Bush, 1973, Part 1 and 2).All plants not listed in Grades and Standards for Nursery Plants shall conform to a Florida no. 1 as to: (1) health and vitality, (2) condition of foliage, (3) root system, (4) freedom from pest or mechanical damage, (5) heavily branched and densely foli- ated according to the accepted normal shapes of the species or sport.Trees shall be a minimum of six feet tall at the time of planting and shall have a minimum caliper of one inch at a height of one foot above the base of the tree. Supp.No.3 LDC3:141 ,.2 COLLIER COUNTY LAND DEVELOPMENT CODE 3. The plants proposed for planting must be temperature tolerant to the areas they are to be planted in. The South Florida Water Management District's Xeriscape Plant Guide II shall be used in determining the tem- perature tolerances of the plants, 4. The existing soil types shall be identified. Plants proposed for planting shall be compatible with the soil type. The 1954 or the 1992 soil survey of Collier County shall be used to.determine if the plants proposed for planting are compatible with the existing or proposed soil types. 5. The source and method of providing water to the plants shall be indicated on the plan and subject to review and approval. 6. A program to control prohibited exotic vegetation(section 3.9.6.4.1)in the mitigation area shall be required. 3.9 County review of mitigation plan. 1. Development services will review the plan based on, but not limited to, the preceding requirements within 15 days.Additional relevant informa- tion may be required when requested. 2. Should the county reject the mitigation plan,the reasons will be provided so the applicant can correct the plan and resubmit for county review. 3.9.' = 4. Monitoring and replanting. 1. A monitoring program shall be required that would determine the sur- vivability by species of the plants used in the mitigation effort. A min- imum of five reports will be submitted. Reports shall be due at one-year intervals. ;-4 2. Eighty percent survival by species shall be required for a five-year period unless other arrangements are specified and agreed upon in the mitiga- "" tion plan.Replanting shall be required each year if the mortality exceeds 20 percent of the total number of each species in the mitigation plan. 3. The soil and hydrological conditions for some mitigation areas may favor some of the plants and preclude others. Should the county and/or con- sultant find that over time, some of the species planted simply don't adjust, the mitigation plan shall be reevaluated by both the consultant and the county, and a revised plan will be instituted.This condition shall not apply to all mitigation areas and each case will be evaluated individ- ually, based on the supported [supporting] data submitted by the miti- gator. 3.9.5 9 5. Donation of land or funds. The donation of land and/or funds to a public agency may be made if none of the above are viable alternatives.This donation of land and/or funds shall be equal to or greater than the total sum it would cost to mitigate for the violation according to sections 3.9.6.9-3.9.6.9.4 including con- sulting fees for design, and monitoring, installation costs, vegetation costs, earth moving costs, irrigation costs, replanting and exotic removal. (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 95-58, § 3, 11-1-95) Sec. 3.9.7. Appeal from enforcement. Any person who feels aggrieved by the application of this division, may file, within 30 days after said grievance, a petition with the development services director, to have the case re- viewed by the Collier County board of county commissioners. sup,. N,) 3 LDC3:142 DEVELOPMENT REQUIREMENTS § 3.10.3.2 Sec. 3.9.8. Suspension of permit requirement. The board of county commissioners may, by emergency resolution, suspend the permit re- quirement for vegetation removal in the aftermath of a natural disaster, such as a hurricane, when the following conditions are met and contained in the resolution: 3.9.8.1. The suspension is for a defined period of time not to exceed 30 days or as otherwise set by the board of county commissioners. 3.9.8.2. The vegetation removal is necessitated by disaster related damage. 3.9.8.3. The suspension is not applicable to vegetation within habitats containing listed species (as regulated in division 3.11). 3.9.8.4. The vegetation to be removed is not a specimen tree. (Ord. No. 93-89, § 3) DIVISION 3.10. SEA TURTLE PROTECTION* Sec. 3.10.1. Title and citation. This division shall be known and may be cited as the "Collier County Sea Turtle Protection Regulations." Sec. 3.10.2. Purpose. The purpose of this division is to protect the threatened and endangered sea turtles that nest along the beaches of Collier County, Florida, by safeguarding sea turtle hatchlings from sources of artificial light and adult and hatchling sea turtles from injury or harassment. The county shall adhere to state and federal guidelines for the protection of sea turtles. (Ord. No. 93-37, § 3) Sec. 3.10.3. New development. For new development,construction and building and electrical plans for construction of single- family or multifamily dwellings, commercial or other structures including electrical plans associated with parking lots, dune walkovers or other outdoor lighting for real property if there is lighting associated with such construction or development that is within 300 feet of the line of mean high water, or if there are any light sources or any reflective surfaces illuminated by such sources that will be visible from the beach, [such lighting; shall be in compliance with the following: 3.10.3.1. Outdoor lighting shall be held to the minimum necessary for security and safety. Floodlights and landscape or accent lighting shall be prohibited. 3.10.3.2. All lighting including wall-mounted fixtures,pole lighting,lights on balconies, and any other type of lighting not specifically referenced by this section, shall be of low intensity and shall be fitted with hoods or positioned so that the light *Code references—Coastal zone protection, § 22-286 et seq.; environment, ch. 54; natural resources, ch. 90. State law references—Local lighting restrictions, F.S. § 161.163; Marine Turtle Protection -�- Act, F.S. § 370.12(1). LDC3:143 COLLIER COUNTY ..OMMUNITY DEV. & ENVIRONMENTAL SCVS. DIVISION PLANNING SERVICES DEPARTMENT CURRENT PLANNING SECTION APPLICATION VEGETATION REMOVAL DATE REC. VRP-9 This application shall be deemed complete upon submission of this completed form and (as required by Collier County Land Development Code (CCLDC) Section 3 .9 .4) : 1) a generalized vegetation inventory; 2) a generalized written assessment and evaluation; 3) a site plan with area requested for clearing delineated and any other required information; 4) a vegetation relocation plan, if this application is for the purpose of vegetation relocation; 5) a management plan, if this application includes a preserved plant community greater than one half (11) acre; 6) an environmental impact statement (EIS) , if applicable, under provisions of CCLDC, Section 3 . 8 . 3 ; and 7) any additional information required by the Development Services Director. Property Owner: Address: Phone: Agent: Address: Phone: On-Site Representative: Address: Phone: Person(s) responsible for the installation and maintenance of all vegetation protection barriers? Person(s) responsible for supervising the removal of all existing vegetation permitted to be removed? Legal Description and location of the Property Reason for proposed clearing. Proposed method to distinguish vegetation to be removed from vegetation to be preserved. 1 Vegetation Removal Permit Application Page 2 VRP-96- Proposed methods to protect vegetation to be preserved (reference CCLDC Section 3 . 9. 5. 1.5) . Proposed method of removal. Total acreage of vegetation to be removed. I. , affirm that I am the owner of the property described in this application, and that I understand the provisions of Collier County Land Development Code, Division 3 .9. Owner Date or: Submit proof of ownership and a copy of a specific contract signed by the property owner. Fee Schedule: $85. 00 - 1st acre, or fraction thereof, $43 . 00 - each additional acre or fraction thereof, $900. 00 - maximum fee. No Fee for exotic removal. Return completed applications to: Collier County Community Dev. & Environmental Svcs. Division Planning Services Department Current Planning Section 2800 N. Horseshoe Drive Naples, FL 34104 Phone: (941) 643-8400 Make checks payable to: Board of Collier County Commissioners 6/96 ewif:\Environmental Application Forms\VRP App. COLLIER COUN . 1 COMMUNITY DEV. & ENVIRONMENTAL SCVS. DIVISION PLANNING SERVICES DEPARTMENT CURRENT PLANNING SECTION APPLICATION FOR EXOTIC VEGETATION REMOVAL DATE REC. EVRP- This application shall be deemed complete upon submission of this completed form and (as required by Collier County Land Development Code (CCLDC) Section 3.9.4): 1) a generalized vegetation inventory; 2) a generalized written assessment and evaluation; 3) a site plan with area requested for clearing delineated and any other required information; 4) a vegetation relocation plan, if this application is for the purpose of vegetation relocation; 5) a management plan, if this application includes a preserved plant community greater than one half (1/2) acre; 6) an environmental impact statement (EIS), if applicable, under provisions of CCLDC, Section 3.8.3; and 7)any additional information required by the Development Services Director. Property Owner: Address: Phone: Agent: Address: Phone: On-Site Representative: Address: Phone: Person(s) responsible for the installation and maintenance of all vegetation protection barriers? Person(s) responsible for supervising the removal of all existing vegetation permitted to be removed? Legal Description and location of the Property Reason for proposed clearing. Exotic Vegetation Removal Proposed method to distinguish vegetation to be removed from vegetation to be preserved. Vegetation Removal Permit Application V RP-- Page 2 Proposed methods to protect vegetation to be preserved (reference CCLDC Section 3.9.5.1.5). Proposed method of removal. Total acreage of vegetation to be removed. I, , affirm that I am the owner of the property described in this application, and that I understand the provisions of Collier County Land Development Code, Division 3.9. Owner Date or: Submit proof of ownership and a copy of a specific contract signed by the property owner. Fee Schedule: $85.00 - 1st acre, or fraction thereof, $43.00 - each additional acre or fraction thereof, $900.00 - maximum fee. No Fee for exotic removal. Return completed applications to: Collier County Community Dev. & Environmental Svcs. Division Planning Services Department Current Planning Section 2800 N. Horseshoe Drive Naples, FL 34104 Phone: (941) 643-8400 Make checks payable to: Board of Collier County Commissioners 6/96 gdlt/f:\Environmental Application Forms.EVRP App. COLLIER COUNT _ COMMUNITY DEV. & ENVIRON1r. NAL SVCS. DIVISION PLANNING SERVICES DEPARTMENT CURRENT PLANNING SECTION Agricultural Clearing Permit No. ACP- - Effective Date: Expiration Date: This permit authorizes the owner/agent of the property located at (legal description and general location) to remove protected vegetation in accordance with the attached site plan(dated and marked and approved by "Staff' on " ") and the following conditions, per Collier County Land Development Code, Division 3.9, as amended, with specific reference to Section 3.9.6.5. GENERAL CONDITIONS L This permit must be kept on site, and be available for inspection by County, State, and Federal officials. 2. This permit does not obviate the owner/agent from obtaining required permits of County, State, and Federal jurisdictional agencies. 3. Within two years of the date of this permit, the owner/agent shall put the property into bona fide agricultural use. 4. The owner/agent is aware that the Collier County Board of County Commissioners will not rezone the property referred to by this permit, for a period of ten (10) years from the date of permit. 5. The owner/agent is required to remove exotics on this property and maintain the property exotic free. 6. This permit is valid for five(5)years and may be automatically renewed for five (5) year periods providing that a notification in writing is forwarded to the Development Services Director at least thirty(30) but not more than one hundred eighty (180) days prior to the expiration of the existing permit and providing that the property has been actively engaged in bona fide agricultural activity in accordance with the requirements of Section 3.9.6.5.1 of this Code and providing that the applicant is in compliance with any and all conditions and/or stipulations of the permit. 7. If any changes of the conditions in the application or permit are anticipated, another application shall be submitted. Deviations from the permit conditions shall cause to void the Agricultural Clearing Permit. SPECIFIC CONDITIONS 1. Vegetation shall be removed by the following method: 2. Vegetation permitted for removal shall be distinguished by: 3. Vegetation to be preserved shall be protected by: barricades , fencing , hay bales , other (check one) methods that shall be placed no closer than the drip line in the case of trees. 4. Exemptions as defined under Land Development Code Section 3.9.6.5.6(2) shall apply to this permit, unless otherwise stated. COLLIER COUNTY COMMUNITY DEV. & ENVIRONMLNAL SVCS. DIVISION PLANNING SERVICES DEPARTMENT CURRENT PLANNING SECTION Agricultural Clearing Permit No.ACP- - Page 2 Effective Date: Expiration Date: 5. (Wetlands, wildlife issues, etc.) Current Planning Staff Date ****************************************************************************** Property Owner Authorized Agent Address Address Phone Phone I have read and understand Collier County Land Development Code, Division 3.9, as amended, specifically Section 3.9.6.5 and the above conditions to Permit#ACP- - . I agree to the conditions of this permit. Owner/Agent Date ew/f:\Permit Forms\Agricultural Clearing Permit COLLIER COUNT- COMMUNITY DEV. & ENVIRONMENTAL SVCS. DIVISION PLANNING SERVICES DEPARTMENT CURRENT PLANNING SECTION APPLICATION FOR AGRICULTURAL CLEARING PERMIT PURSUANT TO THE COLLIER COUNTY LAND DEVELOPMENT CODE SECTION 3 .9.6.5 DATE: NUMBER:ACP- - PROPERTY OWNER: PHONE: ADDRESS: AGENT: PHONE: ADDRESS: LEGAL DESCRIPTION OF PROPERTY: STREET ADDRESS: ZONING DISTRICT, INCLUDING ZONING OVERLAYS: ACREAGE: DIRECTIONS TO PROPERTY: PROPOSED AGRICULTURAL USE: PROPOSED ACREAGE TO BE CLEARED: Please answer the following. Where permits or exemptions have been issued, attach to application. 1. Is a Collier County Special Treatment Permit required? No Yes Date Applied Date Obtained Permit No. 2. Is a South Florida Water Management District Consumptive Use Permit or exemption required? No Yes Date Applied Date Obtained 3 . Is a South Florida Water Management District Surface Water Management Permit or Exemption required? No Yes Date Applied Date Obtained 4 . Is a United States Army Corps of Engineers permit or exemption required? No Yes Date Applied Date Obtained 5. Is this activity for silviculture? No Yes If yes, please attach a management plan prepared by a forester/resource manager (private, industrial or State [e.g. Division of Forestry] ) . 6. Do you propose clearing in wetlands? No Yes If yes, clearly indicate locations on an attached aerial or site plan. 7. Are there any State or Federally listed plant or animal species on your site to the best of your knowledge? No Yes If yes, please explain. Submit along with this application, an aerial or site plan that includes a general vegetation inventory and proposed clearing plan. Submit the following fee . (Fee schedule $85.00 up to first acre and $43 . 00 per acre for each additional acre or fraction thereof. Maximum fee is $250. 00. ) Should the County's on-site inspection determine that the activity may cause potential or actual impacts to wetlands and/or to protected State and Federally listed wildlife species, then the applicant must submit data relating to said environmental impacts as per and subject to the Collier County Growth Management Plan - Conservation and Coastal Management Element policies 6. 2. 9 , 6.2 . 10 and objective 7 . 3 ( and associated policies) and Collier County Land Development Code Division 3 . 11. The owner/agent should contact other Federal, State and Local agencies that may require permits. I� , affirm that I am the owner/agent for the property described in this application and that I understand the applicable provisions of Collier County Land Development Code, Division 3.9 . Owner/Agent Date ******************************************************************* Staff Use Only Determination of Completeness/Modified: Date Complete No Yes Review of Application: Begin End Site Visit: No Yes Date Wetland Issues? No Yes Wildlife Issues? No Yes Approve Conditions Date Deny Reasons Date ******************************************************************* Return completed applications to: Collier County Community Dev. & Environmental Svcs. Division Planning Services Department Current Planning Section 2800 N. Horseshoe Drive Naples, FL 34104 Phone: (941) 643-8400 Make checks payable to: Board of Collier County Commissioners 6/96 ew/f\Environ ental Application Fomis Agricultural Clearing APPLICATION PACKET FOR SITE CLEARING,FILLING & GRADING PRIOR TO THE ISSUANCE OF A BUILDING PERMIT The following items shall be submitted to the Engineering Review Services Section of Community Development & Environmental Services Division for permit. 1. Aerial photograph, vegetation inventory, limits of clearing, acres to be cleared,fill placement locations and depths, grading plan,water management improvements and a detailed revegetation plan; 2. Permit fee for review of the plan and inspection of the site; 3. Application form; see attached copies; 4. Cost estimate and security equal to 110% of the cost to revegitate/restore site; security may be in the form of a cash bond, letter of credit, or surety bond; see attached forms; 5. Copy of any previously approved site clearing plan for the site. 6. Explanation of the valid health, safety or welfare concern existing on-site. VRSFP-96-<> This permit authorizes e owner/agent to remove vegetation, fill/grade and re-vegetate in accordance with the attached plan(s) and the following conditions, per Collier County Land Development Code • Section 3 .2 .8.3 . 6 . GENERAL CONDITIONS: 1) This permit must be kept on site, and be available for inspection by County, State, and Federal officials. 2) This permit does not obviate the owner/agent from obtaining required permits of County, State, and Federal jurisdictional agencies; specifically the Army Corps of Engineers. 3) No other protected vegetation shall be injured in any way, including root systems. SPECIFIC CONDITIONS: 4) This permit is effective on and expires on 5) Site filling shall be contained on subject property. 6) Embankment slopes shall not exceed 3: 1. 7) Re-vegetation shall be completed by 8) PLANNING SERVICES ENVIRONMENTAL STAFF DATE PLANNING SERVICES ENGINEERING STAFF DATE ********************************************************************** Property Owner Authorized Agent Address Phone Phone I have read and understand Collier County Land Development Code Divisions 3.2.8.3 . 6 and 3 .9 and I agree to the conditions of this permit. I ALSO AGREE THAT IF RE-VEGETATION AND/OR MAINTENANCE OF TEE RE-VEGETATION ARE NOT COMPLETED BY TEE PERMIT DATE, THE COUNTY RILL PERFORM THE RE-VEGETATION AND/OR MAINTENANCE AND PLACE A LIEN ON TEE PROPERTY TO RECOUP THE COST. OWNER/AGENT DATE cc: Code Compliance Bob Mulhere, Current Planning Manager Clyde Fugate, Engineering Inspections Supervisor - File • . • 696 cw/E\PumitFom&VRSFP COLLIER COUNTY COMMUNITY 1JtV. ?c t:NVIRUNMt;NTAL bCVS. D.V1bION PLANNING SERVICES DEPARTMENT CURRENT PLANNING SECTION -- . APPLICATION VEGETATION REMOVAL & SITE FILLING DATE REC. VRSFP-96- This application shall be deemed complete upon submission of this completed form, the re-vegetation plan and the site filling/grading plan (as required by Collier county Land Development Code, Section 3 .2 . 8 .3 . 6) . Property Owner: Address: Phone: Agent: Address: Phone: On-Site Representative: Address: Phone: Legal Description and location of the Property Reason for proposed clearing/filling. VEGETATION REMOVAL: Exempt (No vegetation removal) Non Exempt Requirements 1. Generalized vegetation inventory. 2 . Generalized written assessment and evaluation. 3 . Site plan with area requested for clearing delineated. 4. A vegetation relocation plan (if applicable) . 5. A management plan (if applicable) . 6. An environmental impact statement (EIS) , (if applicable) . • 'Vegetation Removal & Site Filling application Page 2 VRSFP-96- SITE FILLING: Site Filling Grading Plan (submitted) Site Re-vegetation Plan (submitted) I, , affirm that I am the owner of the property described in this application, and that I understand the provisions of Collier County Land Development Code, Division 3 . 2 . Owner Date or: Submit proof of ownership and a copy of a specific contract signed by the property owner. Fee Schedule: $85. 00 - 1st acre, or fraction thereof, $43 . 00 - each additional acre or fraction thereof, $900. 00 - maximum fee Return completed applications to: Collier County Community Dev. & Environmental Svcs. Division Planning Services Department Current Planning Section 2800 N. Horseshoe Drive Naples, FL 33942 Phone: (813) 643-8470 Make checks payable to: Board of Collier County Commissioners • 12/95, doc:10195 ZONING -.,yam 2.2.24.1 effective date of this amendment, or be construed to prohibit the construction of any new structure for which a site has been determined, as of the effective date of this amendment. 2.2.23.6.3. Notice and hearing. 1. No airport zoning regulations shall be adopted, amended, or changed under this section except by action of the board of county commissioners and set forth, after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the hearing shall be published at least once a week for two consecutive weeks in a paper of general circulation in Collier County. (Ord. No. 92-73, § 2; Ord. No. 95-31, § 3, 4-18-95) Code reference—Aviation, ch. 18. Sec. 2.2.24. Special treatment overlay district (ST); special regulations for areas of environmental sensitivity and lands and structures of historical and/or archaeological significance and the Big Cypress Area of Critical State Concern. =- 2.2.24.1. Purpose and intent. Within Collier County there are certain areas, which be- cause of their unique assemblages of flora and/or fauna,their aesthetic appeal, historical or archaeological significance, rarity in Collier County, or their con- tribution to their own and adjacent ecosystems, make them worthy of special - regulations.Such regulations are directed toward the conservation,protection, and preservation of ecological and recreational values for the greatest benefit ` to the people of Collier County. Such areas include, but are not necessarily limited to mangrove and freshwater swamps, barrier islands, hardwood ham- , Supp. No. 2 LDC2:90.1 ZONING § 2.2.24.3.1 mocks, xeric scrubs, coastal beaches, estuaries, cypress domes, natural drainageways, aquifer recharge areas and lands and structures of historical and archaeological significance.The purpose of this overlay district regulation is to assure the preservation and maintenance of these environmental and cultural resources and to encourage the preservation of the intricate ecological relationships within the systems and at the same time permit those types of development which will hold changes to levels determined acceptable by the board of county commissioners after public hearing. 2.2.24.2. ST as zoning overlay district; designation of P-ST lands; designation of ACSC-ST lands. 2.2.24.2.1. Establishment of ST overlay district.An overlay zoning district classification to be known as the ST special treatment overlay district,and to be designated on the official zoning atlas by the symbol "ST" together with the symbol of the basic zoning district which it overlays, is hereby established. This overlay district classification will be used for those lands of environmental sensitivity and historical and archaeological significance where the essential ecological or cultural value of the land is not adequately protected under the basic zoning district regulations established by this code or by ordinance.The placement or removal of this overlay zoning district shall be governed by the procedure for amending the zoning code and the official zoning atlas as prescribed in division 2.7.All land within the ST overlay district shall be designated as environmen- tally sensitive. 2.2.24.2.2. Establishment of P-ST overlay district. For purposes of identifying land from which the residential development rights have been transferred, such lands shall be designated on the official zoning atlas by affixing the letter "P" for preservation to the symbol "ST," thusly "P-ST." Such designation shall be placed on the land after the board of county commissioners has accepted the deed and/or guarantee to said property. 2.2.24.2.3. Establishment of ACSC-ST overlay district. In accordance with F.S. § 380.05, and chapter 73-131 Laws of Florida,the administrative commission instituted regulations for the Big Cypress Area of Critical State Concern (ACSC). The purpose of these regulations is to conserve and protect the natural, environ- mental and economic resources of the Big Cypress area. Furthermore, these regulations are to provide a land and water management system that will preserve water quality,provide for the optimum utilization of the limited water resources of the area, facilitate orderly and well-planned development, and protect the health, safety and welfare of residents of the state. Chapter 28-25 of the Florida Administrative Code establishes criteria for site alteration, drainage, transportation facilities and structure installation. These regula- tions are implemented through the land development regulations as set forth in section 2.2.24.3.2. An overlay zoning classification to be known as Area of Critical State Concern/Special Treatment overlay shall be designated on the official zoning atlas with symbol ACSC-ST. 2.2.24.3. Permissible uses on ST lands. 2.2.24.3.1. General. 1. Land designated ST shall be used only for the permitted principal use, the permitted accessory use, and/or the permitted conditional use under Supp.No. 5 LDC2:91 2.2.24.3.1 COLLIER COUNTY LAND DEVELOPMENT CODE the basic underlying zoning district classification of such land. In all other cases, temporary uses, such as hunting cabins, as defined in this code, may be permitted. 2. The consideration of an application for a permitted conditional use shall be subject to a public hearing. This hearing may run concurrently with any public hearing required by this section or may be held at a separate time. 3. The fact that a use is permitted under the basic zoning district classifi- cation shall confer no right to the property owner for such use unless such use is specifically approved as a condition of approval of a site alteration plan and/or site development plan by the board of county commissioners as provided in sections} 2.2.24.5 and 2.2.24.6. 2.2.24.3.2. Development standards and regulations for ACSC-ST. All development orders issued within the ACSC-ST area shall comply with or be more restrictive than chapter 28-25. Florida Administrative Code, as amended, Boundary and Regulations for the Big Cypress Area of Critical State Concern, as set forth below: 1. Site alteration. a. Site alteration shall be limited to ten percent of the total site size, and installation of nonpermeable surfaces shall not exceed 50 percent of any such area. However, a minimum of 2,500 square feet may be altered on any permitted site. b. For land zoned agriculture that is engaged in or is proposing bona fide agriculture use(s), site alteration percentage limits may be adjusted for site alteration activities designed for conservation and/or environmental purposes as set forth in an environmental impact statement approved by the board of county commissioners. Such site alteration activities include: (i) prescribed fires and associated firebreaks as approved by the Florida department of forestry; (ii) removal and control of listed exotic plant species; (iii) native habitat restoration, typical of the immediate vicinity; (iv) enhancement of foraging habitat for wildlife species with native, naturally, and locally occurring plant species; (v) restoration of historical hydroperiods;and(vi)other activities designed for conser- vation and environmental purposes reviewed on a case-by-case basis. c. Any nonpermeable surface greater than 20,000 square feet shall provide for release of surface runoff, collected or uncollected, in a manner approximating the natural surface water flow regime of the area. Supp. No. s LDC2:92 ZONING § 2.2.24.3.2 d. Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or system maintained in order to retain runoff and siltation on the construction site. Res- toration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of a development. Revegetation shall be accomplished with preexisting species except that undesirable exotic species shall not be replanted or propagated. Exotic species included are listed below. Australian pine (Casuarina spp.) Bishopwood (Bischofia javanica) Brazilian pepper (Schinus terebinthifolius) Melaleuca (Melaleuca spp.) Downy rosemyrtle (Rhodomyrtus tomentosa) Earleaf acacia (Acacia auriculiformis) Catclaw mimosa (Mimosa pigra) Java plum (Syzygium cumini) e. No mangrove trees or salt marsh grasses shall be destroyed or oth- erwise altered. Plants specifically protected by this regulation in- clude: all wetland plants listed by the Florida department of envi- ronmental regulation in chapter 17-301, Florida Administrative Code, as amended. f. Fill areas and related dredge or borrow ponds shall be aligned sub- stantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered areas of vegetation of comparable size.Dredge or borrow ponds shall provide for the release of stormwaters as sheet flow from the downstream end into unaltered areas of vegetation.Access roads to and between fill areas shall provide for the passage of water in a manner approx- imating the natural flow regime and designed to accommodate the 50-year storm. Fill areas and related ponds shall not substantially retain or divert the tidal flow in or to a slough or strand or signifi- cantly impede tidal action in any portion of the estuarine zone. g. Manmade lakes, ponds or other containment works shall be con- structed with a maximum slope of 30 degrees to a depth of six feet of water. When mineral extraction is completed in new quarrying lakes, shoreline sloping, planting of littoral shelves with nursery- grown aquatic vegetation, restoration or revegetation of the prop- erty, and disposal of spoils or tailings shall be completed before abandonment of the site. Existing quarrying lakes are exempt from this provision, except that whenever any person carries out an ac- tivity defined in F.S. § 380.04, as amended, as development or ap- plies for a development permit as defined in F.S. § 380.031, as amended, to develop any existing quarrying lake area. these regu- lations shall apply. h. Finger canals shall not be constructed in the ACSC-ST area. • LDC2:93 § 2.2.24.3.2 COLLIER COUNTY LAND DEVELOPMENT CODE 2. Drainage. a. Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. Existing drainage facilities shall not be ex- panded in capacity or length except in conformance with subsection 2[b] immediately following; however, modifications may be made to existing facilities that will raise the groundwater table or limit saltwater intrusion. b. New drainage facilities shall release water in a manner approxi- mating the natural local surface flow regime, through a spreader pond or performance equivalent structure or system, either on-site or to a natural retention or filtration and flow area. New drainage facilities shall also maintain a groundwater level sufficient to pro- tect wetland vegetation through the use of weirs or performance equivalent structures or system. Said facilities shall not retain, di- vert, or otherwise block or channel the naturally occurring flows in a strand, slough or estuarine area. c. New drainage facilities shall not discharge water into any coastal waters whether directly or through existing drainage facilities. 3. Transportation. a. Transportation facilities which would retain, divert or otherwise block surface water flows shall provide for the reestablishment of sheet flow through the use of interceptor spreader systems or per- formance equivalent structures and shall provide for the passage[of] stream, strand, or slough waters through the use of bridges, cul- verts, piling construction or performance equivalent structures or systems. b. Transportation facilities shall be constructed parallel to the local surface flow,and shall maintain a historic ground level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems. c. Transportation facility construction sites shall provide for siltation and runoff control through the use of settling ponds, soil fixing or performance equivalent structures or system. 4. Structure installation. a. Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action. b. Minimum low floor elevation permitted for structures shall be at or above the 100-year flood level,as established by the administrator of the federal Flood Insurance Administration.The construction of any structure shall meet additional federal flood insurance land man- agement and use criteria, 24 CFR 1910, as amended, as adminis- tered by the appropriate local agency. LDC2:94 ZONING § 2.2.24.6.2 c. All development orders issued for projects within the Big Cypress Area of Critical State Concern shall be transmitted to the State of Florida department of community affairs for review with the poten- tial for appeal to the administration commission pursuant to Chapter 9J-1, Florida Administrative Code, Development Order Require- ments for Areas of Critical State Concern. 2.2.24.4. Port of the Islands, Copeland, and Plantation Island mobile home sites. Port of the Islands, Copeland, and Plantation Island mobile home sites are develop- ments located within the urban designated area, but are also located totally within the Big Cypress Area of Critical State Concern.A portion of the devel- opment was determined "vested" by the State of Florida, thus exempting it from the requirements of F.S.ch. 380.There is an existing development agree- ment between Port of the Islands, Inc., and the State of Florida department of community affairs dated July 2, 1985,which regulates land uses at Port of the Islands. Development within Port of the Islands shall be regulated by the development agreement and the residential density and commercial intensi- ties shall not exceed that permitted under zoning at time of adoption of the Collier County growth management plan. Development within the urban designated areas of Copeland and Plantation Island mobile home sites shall be subject to review and administrative ap- proval by the development services director or his/her designee for compliance xz_ with Area of Critical State Concern regulations. Development will not be required to go through the process of filing a petition for site alteration or site --_ development plan approval,pursuant to section 2.2.24.7. This does not exempt site development plans required in section 3.3.3 of the code. 2.2.24.5. Site alteration plan or site development plan approval required. Prior to the clearing, alteration, or development of any land designated ST or ACSC-ST, the property owner or his legally designated agent shall apply for and receive approval of a site alteration plan or site development plan, as the case may be. by the board of county commissioners as provided in section 2.2.24.6. 2.2.24.6. Procedures for site alteration plan or site development plan approval for devel- opment in ST or ACSC-ST designated land. 2.2.24.6.1. Preapplication conference. Prior to filing a petition for site alteration or site development approval of ST or ACSC-ST land, the petitioner shall request and hold a preapplication conference with the development services director and appropriate county staff. The preapplication conference is for the purpose of guidance and information, and for insuring insofar as is possible, that the petition is in conformity with these regulations. No petition for the site alter- ation or site development approval will be accepted for formal processing until the development services director has reviewed the petition to determine that all required data is included; a minimum of 30 days shall be allowed for this phase of the review process. County staff shall visit the site, where appro- priate. 2.2.24.6.2. Review and recommendation by development services director, planning com- mission and environmental advisory board. The site alteration plan or site development plan shall be submitted to the development services director who shall have it reviewed by the appropriate county staff. The development ser- vices director shall then forward the site alteration plan or site development LDC2.95 2.2.24.6.2 COLLIER COUNTY LAND DEVELOPMENT CODE - plan and the county staff recommendations to the planning commission and the environmental advisory board(EAB)for review and recommendation.Nei- ther the planning commission nor the EAB review shall require a public hearing nor notice to the abutting property owners, but shall be held in a regular meeting. The planning commission and EAB recommendations and county staff recommendations shall be forwarded to the board of county commis- sioners for final action. 2.2.24.6.3. Final action by board of county commissioners. Final action on the site alter- ation plan or site development plan lies with the board of county commis- sioners.The board shall review the proposed site alteration plan or site devel- opment plan in regular session and shall act formally by resolution stipulating reasons for approval, or approval with modification, or denial of the site alter- ation plan or development plan. 2.2.24.6.4. Other permits required. The petitioner may at any time during the county review process apply for the appropriate local,state and federal permits for the alteration or development of the subject property. 2.2.24.6.5. Commencement of site alteration or site development. Upon obtaining all re- quired local, state and federal permits in order to alter or develop the subject property, the petitioner may commence alteration or development in accor- dance with the conditions and requirements of said permits. 2.2.24.7. Submission requirements for site alteration plan or site development plan ap- proval for development in ST or ACSC-ST designated land. The following shall be submitted in a petition for site alteration or site development approval of ST or ACSC-ST land: 2.2.24.7.1. Submission and approval of a site alteration plan or site development plan containing the following as determined applicable to the petition by the de- velopment services director: 1. Title of the project. 2. Names of the project planner and developer. 3. Date. 4. North directional arrow. 5. Exact survey showing the project boundaries, any existing street, water- courses or easements within or adjacent to the proposed development. Developments shall identify,protect,and conserve native vegetative com- munities and wildlife habitat. Habitats and their boundaries will be con- sistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification System and shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the county, otherwise, a scale of at least one inch equal to 400 feet is acceptable. Information obtained by ground-truthing surveys shall have precedence over information presented through photographic evidence. For proposed site alteration(s) within [or] on shorelines and/or undeveloped or developed coastal barriers habitat identification shall comply with the siting criteria in accordance (with section) 3.12.5.1. LDC2:96 ZONING § 2.2.24.7.4 6. Location of all proposed buildings and structures with dimensions show- ing setbacks to property lines, roads, watercourses and other structures adjacent to the building(s). 7. Access and traffic flow plan. 8. Off-street parking and off-street loading areas. 9. Proposed screening and buffering. 10. Refuse collection areas and solid waste. 11. Access to utilities and points of utilities hookups. 12. Locations for beach access as required the Beach Access Ordinance No. 76-20 [Code ch. 146, art. III] or its successor in function. The above items shall be prepared by a Florida registered surveyor, engineer, or architect or practicing land planner or environmental consultant as may be appropriate to the particular item. 2.2.24.7.2. Tabulation of total gross acreage in the project and the percentages thereof proposed to be devoted to the various permitted uses; ground coverage by structures and impervious surface coverage. 2.2.24.7.3. Architectural definitions for types of buildings in the development; number of dwelling units, sizes, and types, together with typical floor plans of each type. 2.2.24.7.4. Computation sheet including the following data: 1. Lot area. 2. Totally enclosed area of each floor. 3. Number and floor area of units by type. 4. Landscaped areas to be provided including any existing areas of native vegetation. 5. Parking area. 6. Number of parking spaces. 7. Indoor and outdoor recreation areas. 8. Plans for providing potable and irrigation water requirements. 9. Storm drainage and sanitary sewage plans. 10. Plans for signs, if any. 11. Such additional data as the development services director may believe is pertinent to the review and evaluation of the site alteration plan or site development plan. Items shall be prepared by a Florida registered surveyor,engineer,or architect or practicing land planner or environmen- tal consultant as may be appropriate to the particular item. 12. Transfer of development rights data required in section 2.2.24.10. 13. Submission and approval of an environmental impact statement as required by Collier County laws or regulations. 14. The developer shall be subject to division 3.9, tree/vegetation removal regulations, in existence at the time of permitting, requiring a tree Supp.No. 4 LDC2:97 § 2.2.24.7.4 COLLIER COUNTY LAND DEVELOPMENT CODE removal permit prior to any land clearing. A site clearing plan shall be submitted to the development services director for his review and subject to approval in phases to coincide with the development schedule.The site clearing plan shall indicate the retention of native vegetation to the maximum extent practical and how roads,buildings, lakes,parking lots, and other facilities have been oriented to accommodate this goal. One criterion to be used in evaluating the extent of native vegetation to be retained shall be a consideration of the land use. 15. Submission and approval of an excavation plan as required by division 3.5, if applicable. 16. A development of regional impact review as required by F.S. § 380.06, as amended, if applicable. 17. An appropriate protected species survey using methodology of the Florida game and freshwater fish commission shall be required.An appropriate protected species survey should include considerations for species known or likely to occur in or around habitats in the development area. 18. All exotic plants as defined in division 3.9 shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by exotic species. This plan, which will describe control techniques and inspection inter- vals, shall be filed with and subject to approval by the community development services director in accordance with the standards estab- PWOK lished in division 3.9. 2.2.24.8. Exceptions. Where land has an ST designation and the proposed alteration or development area contains 20 acres or less in gross area,and where no transfer of development rights are involved, the development services director may approve a site alteration plan or a site development plan. Prior to such approval, the development services director shall make a finding that the following conditions exist: 1. The proposed site alteration or site development plan will not require any modification, with the exception of exotic vegetation removal, of the topography; drainage, flora, or fauna on the site. 2. Single-family principal structure where the proposed site alteration or site development plan will not require any significant modification of topography, drainage, flora, or fauna on the site, or where the alteration involves the renovation or replacement of a single family structure. Significant modification shall mean greater than ten percent of the site. 3. No pollutants will be discharged from the area that will degrade the air, water or soil below the levels existing at the time of application. All other site alteration or site development plan approvals of any size shall be as required in sections 2.2.24.4, 2.2.24.5, and 2.2.24.6. 2.2.24.9. Exemptions. The following activities shall be exempt from the requirements of section 2.2.24.5 and 2.2.24.6. 1. Removal and control of exotic vegetation as defined in section 3.9.6.4.1. Supp. No.4 LDC2:98 ZONING § 2.2.24.11.6 2. Prescribed fires and associated firebreaks as approved by the Florida Department of Forestry. 3. Removal of non-native vegetation pursuant to section 3.9.5.2.6. 2.2.24.10. Modification of site alteration plan or site development plan. Any modification of the site alteration plan or site development plan as approved by the county, which would alter the intent and purpose of these ST regulations,requires the procedure and approval as if for a new petition. 2.2.24.11. Transfer of development rights. An owner of land located within areas desig- nated as urban on the Future Land Use Map, including agriculturally zoned properties, which may or may not be identified with the ST overlay, may elect to transfer some or all of the residential development rights from one parcel of land to another parcel, as an alternative to the development of the sending lands.The lands to which the development rights are to be transferred shall be referred to as receiving lands and those lands from which development rights are transferred shall be referred to as sending lands, as provided herein and shall be located within the urban designated areas of the county. 2.2.24.11.1. The development rights shall be considered as interests in real property and be transferred in portions or as a total as provided in this section. Once used, the residential development rights shall not be used again and the residential development rights of the subject lands providing them shall be considered severed forever. 2.2.24.11.2. The transfer of development rights to be used shall be subject to all of the requirements of the basic zoning district to which they are transferred unless specifically approved otherwise as provided by law. 2.2.24.11.3. The minimum area of land eligible for the transfer of development rights shall be equal to the minimum lot size for the sending zone. For the purposes of this section, legal non-conforming lots of record may be eligible to transfer density, with the minimum area of the receiving land equal to the area of the legal non-conforming lot of record, excluding submerged land. 2.2.24.11.4. Upon the approval of the transfer of residential development rights by a super majority vote of the board of county commissioners, the property owner of the sending land shall dedicate in fee simple the land to the county or a state or federal agency; however,the lands may be dedicated in fee simple to a private, not-for-profit conservation or environmental organization in accordance with F.S. § 704.06, as amended, with the approval of the board of county commis- sioners. 2.2.24.11.5. The maximum number of residential units which may be requested for transfer shall be compiled on the basis of the permitted density pursuant to the underlying zoning category of the sending land. 2.2.24.11.6. Maximum number of residential units which eligible lands may receive. 1. Lands in all residential zoning districts and residential components of planned unit development zoning districts are eligible to receive residen- tial development units provided that the maximum number of residential units which may be transferred to the receiving land does not exceed ten percent of the maximum number of residential units permitted under the Supp.No. 5 LCD2:99 § 2.2.24.11.6 COLLIER COUNTY LAND DEVELOPMENT CODE receiving property's basic zoning district. For the purpose of determining the number of residential units which a parcel of land is capable of receiving, the following formula shall apply: RSF-1 through RSF-5 districts,up to and including five units per acre: Units per base density x 10% = .1 to .5 units per acre RMF-6 district, up to and including six units per acre: 6 units x 10% = 0.6 units per acre RMF-12 district, seven to and including 12 units per acre: 12 units x 10% = 1.20 units per acre RMF-16 district: 16 units x 5% = 0.80 units per acre RT district: 16 units x 5% = 0.80 units per acre 26 units x 5% = 1.30 units per acre PUD district: Residential tract units x 5% = permitted units per acre 2. For the purpose of calculating the final fractional residential unit of the total number of residential units eligible for transfer to an eligible parcel of land, the following shall apply:Any fractional residential unit shall be converted upward if one-half or more of a whole unit, or downward if less than one-half of a whole unit, to the nearest whole unit value. 2.2.24.12. Procedure for obtaining transfer of residential development rights. Any owner of eligible land may apply for a transfer of development rights either sepa- rately or concurrently with rezoning, zoning ordinance amendments, prelimi- nary subdivision plat or development plan. Prior to the approval of any transfer of development rights or the issuance of any building permits in connection with the use of any transfer of development rights, the petitioner shall submit the following information and data, as applicable to the petition. to the development services director for his review and subsequent action by the board of county commissioners. 1. Name and address of property owner of sending land. 2. Name and address of property owner of receiving land. 3. • Legal description of sending land from which transfer of residential development rights is petitioned. 4. Survey of sending land from which transfer of residential development rights is requested. 5. Legal description of receiving land which receives the transfer of residen- tial development rights. 6. Survey of the land which receives the transfer of residential development rights. 7. Three copies of an executed deed of transfer of ownership of the sending property to the county or a state or federal agency; however, the lands Supp. No. 5 LCD2:100 ZONING § 2.2.25.1 may be dedicated in fee simple to a private,not-for-profit conservation or environmental organization in accordance with F.S.§704.06,as amended, with the approval of the board of county commissioners in a form approved by the county attorney. 8. The owner of the sending land shall provide a guarantee,agreeable to and approved by ordinance of the board of county commissioners, that the sending land will be utilized only for the purposes of increasing public recreational and/or educational opportunities, creation of linkages be- tween public or private open space, protection of critical habitat/ ecosystems, or other public purpose as specified in the ordinance of adoption. Such a guarantee shall be recorded with the clerk of the circuit court of Collier County,Florida as a recorded restriction of the use of such land and shall be binding upon all present and subsequent owners,heirs, or assigns of such property Such restrictions may not be amended, deleted, or otherwise altered, except by a majority vote of the board of county commissioners. 2.2.24.13. Time limitations on board of county commissioners' approval of transfer of residential development rights or authorization to proceed with the processing of a building construction permit.The board of county commissioners'approval of a transfer of residential development rights or the planning services director's authorization to proceed with the processing of a building or construction permit shall be valid so long as such approval is permitted by law. The failure to act on the part of the petitioner to exercise the transfer of residential development rights or obtain and exercise an authorized building or construction permit within the time period provided by law shall automat- ` ically terminate such approval and the county shall be held harmless for any damages arising out of the petitioner's failure to act. 2.2.24.14. Sequential use of residential units approved for transfer by the board of county commissioners. Upon the issuance of any permit for the construction of residential unit(s) upon the receiving land, the first residential units built thereon shall be considered to be the residential units approved for transfer by the board of county commissioners, and the succeeding residential units constructed shall be considered the residential units permitted under the basic zoning district regulations. 2.2.24.15. Reserved. (Ord.No. 92-73, § 2; Ord.No. 93-37. § 3; Ord.No.93-89,§3; Ord.No.94-58, § 3, 10-21-94; Ord. No. 96-21, § 3; Ord. No. 96-37, §§ 1-4; Ord. No. 96-66, § 3.B, 10-30-96) Sec. 2.2.25. Historical and archaeological sites designation (H); special regulations for preservation of historical and archaeological sites. 2.2.25.1. Title and citation. This section shall be known and may be cited as the "Collier County Historic/Archaeological Preservation Regulations" and shall be admin- istered by the community development services administrator. It is the intent of these regulations to recognize the importance and significance of Collier County's historical and archaeological heritage. To that end, it is the county's intent to protect, preserve, and perpetuate Collier County's historic and archaeological sites, districts, structures, buildings, and properties. Supp.No. 5 LCD2:101 brril:11.11J 1' ZATAZA1 (0T) rxr.-ArrL11:A1J.tJ1`1 =FLOW) 'JUT Pre-application Coni ance. Prior to filing _ petition for site alteration or site development approval of "ST" or ACSC-ST" land, the petitioner shall request and hold a pre-application conference with the Development Services Director and appropriate County Staff. The pre-application conference is for the purpose of guidance and information, and for insuring insofar as is possible, that the petition is in conformity with these regulations. No_ petition for the site alteration or site development approval will be accepted for formal processing until the Development Services Director has reviewed the petition to determine that all required data is included; a minimum of thirty (30) days shall be allowed for this phase of the review process. Submission Requirements for Site Alteration Plan or Site Development Plan Approval for Development in "ST" or "ACSC-ST" Designated Land. The following shall be submitted in a petition for site alteration or site development approval of "ST" or "ACSC-ST" land, along with the appropriate fee: Submission and approval of a Site Alteration Plan or Site Development Plan containing the following as determined applicable to the petition by the Development Services Director: 1. Title of the project. 2. Names of the project planner and developer. 3 . Date. 4. North directional arrow. 5. Exact survey showing the project boundaries, any existing street, water courses or easements within or adjacent to the proposed development. Developments shall identify, protect, and conserve native vegetative communities and wildlife habitat. Habitats and their boundaries shall be identified on an aerial photograph of the site. Habitat identification will be consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Classification systems and shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the County, otherwise, a scale of at least one inch equal to 400 feet is acceptable. Information obtained by ground-truthing surveys shall have precedence over information presented through photographic evidence. 6. Location of all proposed buildings and structures with dimensions showing setbacks to property lines, roads, water courses and other structures adjacent to the building(s) . 7. Access and traffic flow plan. 8. Off-street parking and off-street loading areas. 9. Proposed screening and buffering. Page 1 of 4 1V. ri.=Lu = kAu11eeLion areas ana solia waste. 11. Access to and points of utilities . ikups. 12. Locations for beach access as required the Beach Access Ordinance No. 76-20 or it's successor in function. The above items shall be prepared by a Florida registered surveyor, engineer, or architect or practicing land planner or environmental consultant as may be appropriate to the particular item. Tabulation of total gross acreage in the project and the percentages thereof proposed to be devoted to the various permitted uses; ground coverage by structures and impervious surface coverage. Architectural definitions for types of buildings in the development; number of dwelling units, sizes, and types, together with typical floor plans of each type. Computation sheet including the following data: 1. Lot area. 2. Totally enclosed area of each floor. 3 . Number and floor area of units by type. 4. Landscaped areas to be provided including any existing areas of native vegetation. 5. Parking area. 6. Number .of parking spaces. 7. Indoor and outdoor recreation areas. 8. Plans for providing potable and irrigation water requirements. 9. Storm drainage and sanitary sewage plans. 10. Plans for .signs, if any. 11. Such additional data as the Development Services Director may believe is pertinent to the review and evaluation of the Site Alteration Plan or site Development Plan. Items shall be prepared by a Florida registered surveyor, engineer, or architect or practicing land planner or environmental consultant as may be appropriate to the particular item. 12. Transfer of development rights data required in Sec. 2.2.24.10. 13. Submission and approval of an Environmental Impact statement as required by Collier County laws or regulations. Page 2 of 4 14. The developer shall-- be - subject toDiv. 3.9, (tree/vegetation '_,removal regulations, in existence at the mime of -permitting) , requiring a tre'''removal permit prior to j land clearing. A site clearing pi .. shall be submitted to the Development Services Director for his review and subject to approval in phases to coincide with the development schedule. The site clearing plan shall indicate the retention of native vegetation to the maximum extent practical and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. One criterion to be used in evaluating- the extent of native vegetation to be retained shall be a consideration of the land use. 15. Submission and approval of an excavation plan as required by Div. 3.5, if applicable. 16. A Development of Regional Impact review as required by Chapter 380. 06, Florida Statutes, as amended, if applicable. 17. An appropriate protected species survey using methodology of the Florida Game and Fresh Water Fish Commission shall be required. An appropriate protected species survey should include considerations for species known or likely to occur in or around habitats in the development area. 18 . All exotic plants as defined in Div. 3 .9 shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent re-invasion of the site by exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Community Development Services Director in accordance with the standards established in Div. 3.9. Exceptions. Where land has an "ST" designation and the proposed alteration or development area contains twenty (20) acres or less in gross area, and where no transfer of development rights are involved, the Development Services Director may approve a Site Alteration Plan or a Site Development Plan. Prior to such approval, [the petition shall have been reviewed by the Environmental Advisory Board (EAB) ] the Development Services Director shall make a finding that the following conditions exist: 1. The proposed site alteration or site development will not require any modification of the topography, drainage, flora, or fauna on the site. 2. No pollutants will be discharged from the area that will degrade the air, water or soil below the levels existing at the time of application. All other petitions shall be subject to review of the EAB, CCPC and BCC. Page 3 of 4 -.Review and Recommendation -by Development- Services -director, Planning . - Commission -and Enviro ntal Advisory Board. Thi-Mite Alteration Plan or Site Development Plan shall be submitted to the Development Services Director who shall have it reviewed by the appropriate County Staff. The Development Services Director shall then forward the Site Alteration Plan or site Development Plan and the County Staff recommendations to the Environmental Advisory Board (EAB) and the Planning Commission for review and recommendation. Neither the EAB nor the Planning Commission review shall require a public hearing nor notice to the abutting property owners, but shall be held in a regular meeting. The EAB and Planning Commission recommendations and County Staff recommendations shall be forwarded to the Board of County Commissioners for final action. Commencement of Site alteration or site Development. Upon obtaining all required local, state and federal permits in order to alter or develop the subject property, the petitioner may commence alteration or development in accordance with the conditions and requirements of said permits. doc: 4699 • Page 4 of 4 COLLIER COUNTY COMMUNITY DEV. & ENVIRONMENTAL SVCS. DIVISION PLANNING SERVICES DEPARTMENT CURRENT PLANNING SECTION ACSC-ST/SPECIAL TREATMENT PERMIT APPLICATION PETITION NO. ST- - PRE-APP. MEETING DATE APPLICATION DATE Petitioner' s Name Address: Phone: Property Owner's Name Address: Phone: General Location of Property: Legal Description of Property: S T R , Street(s) Zoning: Acreage: Present Land Use: Surrounding Land Use:N , S E ,W Former Land Use, if known: Proposed Activity: NOTE: This petition must be accompanied by information requested during the pre-application meeting. Additional information may be requested during the review process. Filing/Review Fee: Date paid: ($85 . 00 minimum for 5 acres or less, plus $9. 00 per acre over 5 acres; maximum fee $850. 00. ) I have received a copy of Collier County Land Development Code Section 2 .2 . 24 (ST/ACSC-ST) , Section 2 . 2 .24.7 "Submission requirements" and have submitted with this application all information requested at the pre-application meeting, (see attached pre-application checklist) . I understand that additional information may be necessary to complete the review. Signature of Petitioner Date Return completed applications to: Collier County Community Dev. & Environmental Svcs. Division Planning Services Department Current Planning Section 2800 N. Horseshoe Drive Naples, FL 34104 Phone: (941) 643-8400 Make checks payable to: Board of Collier County Commissioners 6/96 ew/fEnvirotimental Application Forms ACSC-ST § 3.13.1 COLLIER COUNTY LAND DEVELOPMENT CODE DIVISION 3.13. COASTAL CONSTRUCTION SETBACK LINE VARIANCE* Sec. 3.13.1. Title and citation. This division shall be known and may be cited as the "Collier County Coastal Construction Setback Line Variance Regulations." Sec. 3.13.2. Establishment of setback lines. The coastal construction setback line shall be that coastal construction setback line estab- lished by the department of natural resources of the State of Florida pursuant to F.S.§ 161.053 and recorded in Coastal Setback Line Book 1,pages 1 through 12 inclusive, recorded October 31, 1974, as Clerk's Instrument No. 365665 of the public records of Collier County, Florida. Sec. 3.13.3. Review and change of setback lines. - Setback lines established under this code shall be reviewed upon petition of affected riparian upland owners. The board of county cornmiscioners of Collier County shall decide, after due public notice and hearing,whether a change in the setback line is justified,and shall notify the _ petitioner in writing. The present setback lines are presumed to be correct, and no change in setback lines are presumed to be correct,and no change in setback lines shall be made except upon an affirmative showing by petitioner that any construction line established hereunder is a minimum of 150 feet landward of the mean high-water line or 75 feet landward of the a vegetation line whichever is greater; and that considering ground elevations in relation to ,41 historical storm and hurricane tides, predicted maximum wave uprush, beach and offshore -4 ground contours, the vegetation line, erosion trends, the dune or bluff line, if any exist, and _d existing upland development,that the general public health and welfare are preserved,upland properties protected, and beach and sand dune erosion controlled. Sec. 3.13.4. Prohibited activities seaward of setback lines. It shall be unlawful for any person,firm,corporation,or agency,public or private,to construct, NW reconstruct, or change existing structures,make any excavation, remove any beach material or otherwise alter existing ground elevations, drive any vehicle on, over or across any sand dune, or damage or cause to be damaged any sand dune, or the vegetation growing thereon and/or seaward of said dune, seaward of the coastal construction setback line, except as here- inafter provided. Y o., Sec. 3.13.5. Variances. 3.13.5.1. If in thew immediate contiguous or adjacent area a "number of existing structures" have established a reasonably continuous and uniform construc- - tion line closer to the line of mean high water than the line as herein estab- lished,and if said existing structures have not been unduly affected by erosion, - a proposed structure may be permitted along such line if such proposed struc- ture is also approved by the board of county commissioners. - 3.13.5.2. The board of county commissioners may authorize the construction of pipelines - ti or piers extending outward from the shoreline, unless it determines that the construction of such projects would cause erosion of the beach in the area of �.. such structures. *State law reference—Coastal construction, F.S. § 161.053. -.um -LDC3:156 DEVELOPMENT REQUIREMENTS § 3.13.7.2 3.13.5.3. Certain activities that may temporarily alter ground elevations such as arti- ficial beach nourishment projects,excavation or maintenance dredging of inlet channels may be permitted seaward of the coastal construction setback line if said activity is in compliance with the Collier County growth management plan,conservation and coastal management element,and also approved by the board of county commissioners. Sec. 3.13.6. Procedures for obtaining variance. 3.13.6.1. A written petition requesting a variance from the established setback line shall be filed with the board of county commissioners or their designee. The petition shall set forth: 1. A description of petitioner's property to include the information re- quested on a current Collier County request for a coastal construction setback line variance form; 2. A description of the established setback line and the line which petitioner wishes to be varied; 3. The justification upon which the petitioner relies for the granting of the variance, to include compliance with the Collier County growth manage- ment plan, conservation and coastal management element. 3.13.6.2. The board of county commissioners shall within 60 days of the filing of the -- _ petition, hold a public hearing thereon upon due public notice. 3.13.6.3. Due public notice shall mean at least 15 days' notice of the time and place of such hearing published one time in a newspaper of general circulation in the area. 3.13.6.4. The board of county commissioners shall notify petitioner in writing of its decision within 15 days of the public hearing. 3.13.6.5. Any person aggrieved by a decision of the board of county commissioners granting or denying a variance may apply to the circuit court of the circuit in which the property is located for judicial relief within 30 days after rendition of the decision by the board of county commissioners. Review in the circuit court shall be by petition for a writ of certiorari and shall be governed by the Florida Appellate Rules. Sec. 3.13.7. Exemptions. Exemptions shall be reviewed administratively for compliance with applicable county codes, and shall not be heard by the board of county commissioners. Exemptions to section 3.13.4 shall include: 3.13.7.1. The removal of any plant defined as exotic vegetation by county code. 3.13.7.2. Any modification, maintenance, or repair, to any existing structure within limits of the existing foundation or footprint, which does not require, involve, or include any additions to, or repair or modifications of, the existing founda- tion of that structure, except those modifications required by code, excluding additions or enclosure added,constructed, or installed below the first dwelling floor or lowest deck of the existing structure. Supp.No. 1 LDC3:157 § 3.13.7.3 COLLIER COUNTY LAND DEVELOPMENT CODE 3.13.7.3. Any structure(s) such as beach umbrellas and beach furniture that do not constitute fixed structurets), do not require a building permit, weigh less than 100 pounds and upon review by the development services director or his des- ignee is/are determined not to present an actual or potential threat to the beach and the dune system and adjacent properties. This exemption shall not be effective during sea turtle nesting season (May 1—October 31) unless the structures are removed daily from the beach. (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3; Ord. No. 94-27, § 3, 5-18-94) Sec. 3.13.8. Permits. The following activities seaward of the coastal construction setback line shall not require a hearing by the board of county commissioners, but shall require a coastal construction setback line permit. Such permit shall be reviewed and approved administratively by site development review environmental staff.The appropriate fee as set by county resolution shall be submitted with permit application. 3.13.8.1. Construction of a dune walkover with a maximum width of six feet, when a Florida Department of Environmental Protection (FDEP) permit has been ob- tained. 3.13.8.2. Creation,restoration,re-vegetation or repair of the dune or other natural area seaward of the CCSL on an individual parcel of land, when a Florida Depart- ment of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. 3.13.8.2.1. Sand used must be compatible in color and grain size to existing sand. 3.13.8.2.2. Plants utilized shall be 100 percent native coastal species. 3.13.8.2.3. Restoration plans shall be designed by an individual with expertise in the area of environmental sciences, natural resource management or landscape archi- tecture. Academic credentials shall be a bachelors or higher degree. Profes- sional experience may be substituted for academic credentials on a year for year basis,provided at least two years professional experience are in the State of Florida. (Ord. No. 94-58, § 3, 10-21-94) Sec. 3.13.9. Penalty and civil remedies. 3.13.9.1. Penalty.A violation of any provision of this code is a misdemeanor and shall be _ prosecuted in the name of the state in the county court by the prosecuting attorney,and upon conviction shall be punished by a fine not to exceed$500.00 o or imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. Each violation and each day a violation continues shall constitute a separate offense. The board of county commissioners shall have the power to collaterally enforce the provisions of this code by appropriate judicial writ or proceeding notwithstanding any prosecution as misdemeanor. 3.13.9.2. Civil remedies.In addition to or in lieu of the penalties provided by general law for the violation of ordinances, the board of county commissioners may bring injunctive action to enjoin the construction or compel the removal of structures constructed in violation of this code. (Ord. No. 94-58, § 3, 10-21-94) a Supp.No. 1 LDC3:158 DEVELOPMENT REQUIREMENTS § 3.13.10.1 Sec. 3.13.10 Severance. 3.13.10.1. Severance. If any phrase or portion of this division is for any reason 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. (Ord. No. 94-58, § 3, 10-21-94) • �__. Supp.No. 1 LDC3:158.1 1 COLLIER COUNTY 'MMUNITY DEV. & ENVIRONMEN', SVCS. DIVISION .LANNING SERVICES DEPARTMEI. CURRENT PLANNING SECTION COASTAL SETBACK LINE VARIANCE PETITION PLEASE READ REVERSE SIDE BEFORE COMPLETING THIS APPLICATION. PETITION NO. : DATE: PETITIONER'S NAME: PETITIONER' S ADDRESS: TELEPHONE: PROPERTY OWNER' S ADDRESS: TELEPHONE: LEGAL DESCRIPTION OF SUBJECT PROPERTY: PRESENT ZONING: PRESENT USE: PROPOSED CONSTRUCTION/ACTIVITY: GROUNDS UPON WHICH PETITIONER RELIES FOR THE GRANTING OF THE VARIANCE: FILING FEE ($1000. 00) REC. BY: SIGNATURE OF PETITIONER NOTE: THIS PETITION MUST BE ACCOMPANIED BY A PLOT PLAN SHOWING THE DATA AND INFORMATION REQUIRED IN 1. , ON BACK SIDE OF THIS PAGE. ALL PLANS MUST BE FOLDED TO FIT IN A LEGAL SIZE MANILA FOLDER. *********************FOR OFFICE USE ONLY******************** Date of Public Hearing: BCC APPROVAL yes no Conditions of Approval: Return completed applications to: Collier County Community Dev. & Environmental Svcs. Division • Planning Services Department Current Planning Section 2800 N. Horseshoe Drive Naples, FL 34104 Phone: (941) 643-8400 Make checks payable to: Board of Collier County Commissioners 6/96 ew/f:\Environmental Application Fornu\CCSL Variance Excerpt from Collier County Land Development Code Division 3.13, Coastal Construction Setback Line Variance. SECTION 3 . 13 .5: Variances 3.13.5. 1 If in the immediate contiguous or adjacent area a number of existing structures have established a reasonably contiguous and uniform construction line closer to the line of mean high water than the line as herein established, and if said existing structures have not been unduly affected by erosion, a proposed structure may be permitted along such line if such proposed structure is also approved by the Board of County Commissioners. 3. 13.5.2 The Board of County Commissioners may authorize the construction of pipelines or piers extending outward from the shoreline, unless it determines that the construction of such projects would cause erosion of the beach in the area of such structures. 3. 13.5.3 Certain activities that may temporarily alter ground elevations such as artificial beach nourishment projects, excavation or maintenance dredging of inlet channels may be permitted seaward of the coastal construction setback line if said activity is in compliance with the Collier County Growth Management Plan - Conservation and Coastal Management Element and also approved by the Board of County Commissioners. NOTE: This_ petition will not be accepted for processing unless it is accompanied by the following information. 1. A plot plan showing the following: A. All lot dimensions. B. All existing structures and their exact yard setback distances. C. The existing Coastal Construction Control Line (as established by State Law) measured from the mean high water line and vegetation line. C. The requested Coastal Construction Control Line measured from the mean high water line and vegetation line. E. The distance between the existing Coastal Construction Control Line (as established by State Law) and the Coastal Construction Control Line requested in this petition. F. The location of all existing structures and their exact distance from the Coastal Construction Control Line established by State Law for all structures which are being used to justify your petition. G. The location of all proposed structures in relation to the existing Coastal Construction Control Line (as established by State Law) and the Coastal Construction Control Line requested in this petition. 2 . An 8 1/2" x 11" reduction of plot plan in cases where plot plan is larger than 8 1/2" x 11" . COLLIER COUNTY -IMMUNITY DEV. & ENVIRONMEN--L SVCS. DIVISION ILANNING SERVICES DEPARTML CURRENT PLANNING SECTION COASTAL CONSTRUCTION SETBACK LINE PERMIT APPLICATION PLEASE READ REVERSE SIDE BEFORE COMPLETING THIS APPLICATION. PERMIT NO. : CCSLP- - DATE: OWNER'S NAME: OWNER'S ADDRESS: TELEPHONE: AGENT (IF NOT OWNER) : AGENT'S ADDRESS: AGENT'S TELEPHONE: LEGAL DESCRIPTION OF PROPERTY: STREET ADDRESS: PROPOSED ACTIVITY: PROPOSED DATES TO START AND END WORK: NOTE: THIS APPLICATION SHALL BE ACCOMPANIED BY A SITE PLAN SHOWING THE DATA AND INFORMATION REQUESTED ON THE REVERSE SIDE OF THIS APPLICATION. FILING FEE: ($150.00 FOR DUNE WALKOVER/ LDC 3 . 13 .8. 1 OR $100. 00 FOR DUNE RESTORATION PROJECT/ LDC 3 . 13 .8.2) SIGNATURE OF OWNER DATE (AGENT MAY SIGN WITH LETTER OF AUTHORIZATION) THIS SPACE FOR OFFICE USE ONLY ON-SITE INSPECTION BY: COMMENTS: COASTAL CONSTRUCTION SETBACK LINE PERMIT APPLICATION Page 2 NOTE: This application will not be accepted for processing unless it is accompanied by the following information: 1. A site plan showing the following: A. General location of lot. B. All lot dimensions. C. The established Coastal Construction Control Line as established by law (1974) . D. The location or area of the proposed work. E. The location of the landward and seaward edges of the dune (vegetation line) and a rough profile of the existing dune. F. Approximate locations of existing structures. G. Vegetation inventory in the area of proposed work. 2 . An aerial photograph with the property clearly delineated (highlighted) and the proposed areas for site improvements. 3 . If it is necessary to use a vehicle on the beach for completion of the project, a Vehicle on the Beach Permit shall be obtained and the work shall be completed prior to Sea Turtle Nesting Season (May 1st through October 31st) . Return completed applications to: Collier County Community Dev. & Environmental Svcs. Division Planning Services Department Current Planning Section 2800 N. Horseshoe Drive Naples, FL 34104 Phone: (941) 643-8400 Make checks payable to: Board of Collier County Commissioners 6/96 ew/f:\Environmental Application Forms\CCSL Permit DEVELOPMENT REQUIREMENTS § 3.12.1 Sec. 3.11.2. Purpose. The purpose of this division is to protect the species listed by the Florida game and fresh water fish commission(FGFWFC),United States Fish and Wildlife Service(USFWS)and Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) as endan- gered, threatened or of special concern or status in Collier County, Florida by including measures for protection and/or relocation of endangered, threatened, or species of special concern or status. Sec. 3.11.3. New and existing development. For new and existing development and construction pursuant to division[s]3.2 and 3.3 and the building code of Collier County, until permanent guidelines and standards are adopted by Collier County,the following shall apply as interim guidelines or standards for the protection of endangered, threatened or species of special concern or status as prescribed by Goal 7 and associated objectives and policies, as amended, of the conservation and coastal management element of the Collier County growth management plan: 3.11.3.1. Plans shall be submitted for review and subject to approval by the project review services department of the development services division, for the man- agement of habitat and wildlife, including measures for protection and/or re- location of species of special status. Such plans shall comply with current federal, state and local policies. 3.11.3.2. Federal habitat management guidelines for the bald eagle (Haliaeetus leuco- cephalus) and the woodstork (Mycteria americana) in the Southeast Region, published and issued by the USFWS, shall be adopted as guidelines for min- imum standards to maintain or improve the environmental conditions that are required for the survival and well-being of bald eagles and woodstorks. 3.11.3.3. Until the adoption of federal guidelines for the red-cockaded woodpecker (Pi- coides borealis) and Florida panther(Felis concolor coryi), the developer shall be responsible for the development of a protection plan for conservation and management of these species. 3.11.3.4. All protection plans shall be subject to review and approval by the project review services section of the development services department. The county may consider and utilize recommendations and letters of technical assistance of the Florida game and fresh water fish commission, and recommendations and guidelines of the USFWS,in issuing development orders on property con- taining wildlife species of special status. (Ord. No. 92-73, § 2) DIVISION 3.12.COASTAL ZONE MANAGEMENT* Sec. 3.12.1. Title and citation. This division shall be known and may be cited as the "Collier County Coastal Management Zone Regulations." *State law reference—Coastal Zone Protection Act of 1985, F.S. § 161.52 et seq. LDC3:147 3.10.7.2 COLLIER COUNTY LAND DEVELOPMENT CODE 3.10.7.2. Construction or repair of any structure, including but not limited to dune walkovers, seawalls or other revetments, sandbags, groins or jetties shall not be permitted during sea turtle nesting season on any Collier County beaches. (Ord. No. 93-37, § 3) Sec. 3.10.8. Reserved. Sec. 3.10.9. Permits and fees. 3.10.9.1. Construction in a sea turtle nesting area permit. During the nesting season, construction within 100 feet of the nesting zone of a beach where sea turtles nest or may nest shall require a permit from the site development review director or his designee.The site development review director shall inform the applicant about sea turtle crawls and nesting. It shall be the responsibility of the applicant to ensure that all persons working on the permitted construction are similarly informed. All other required state and federal permits shall be obtained prior to a construction in sea turtle nesting area permit being issued. 3.10.9.2. Turtle handling permit. It shall be unlawful to relocate or possess a sea turtle without first obtaining a permit from the development services director. The development services director shall issue said permit only to persons who have obtained a Florida Marine Turtle permit from the State of Florida department of natural resources prior to issuance of the Collier County permit. 3.10.9.3. Nest relocation. If the site development review director or his or her designee finds that it is necessary for a nest to be relocated away from a construction area, then only the site development review director or his or her designee or an individual possessing a turtle handling permit shall move the nest.Where the site development review director or his/her designee who possesses a Florida Marine Turtle permit moves a sea turtle nest the cost to the landowner shall be the fee established by resolution of the board of county commissioners. A nest that is more than 12 hours old shall not be relocated under any circum- stances. (Ord. No. 93-37, § 3; Ord. No. 93-89, § 3) Sec. 3.10.10. Penalties for violation: resort to other remedies. Violation of the provisions of this division or failure to comply with any of its requirements shall constitute a misdemeanor. Any person or firm who violates this division or fails to comply with any of its requirements shall upon conviction thereof be fined, or imprisoned, or both, as provided by law. Each day such violation continues shall be considered a separate offense. Each sea turtle killed, injured, or molested shall constitute a separate violation.Any other person who commits,participates in,assists in,or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. The county, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to injunctive action,to enforce the provisions of this division. DIVISION 3.11.ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION Sec. 3.11.1. Title and citation. This division shall be known and may be cited as the "Collier County Endangered, Threat- ened, or Listed Species Protection Regulations." LDC3:146 DEVELOPMENT REQUIREMENTS § 3.14.3.2 DIVISION 3.14. VEHICLE ON THE BEACH REGULATIONS* Sec. 3.14.1. Title and citation. This division shall be known and may be cited as the "Collier County Vehicle on the Beach Regulations." Sec. 3.14.2. Unlawful to drive on sand dunes or beach or to disturb sand dune. [It shall be unlawful:] (1) To operate or cause to be operated a hand-, animal-, or engine-driven wheel, track or other vehicle or implement on, over or across any part of the sand dunes, hill or ridge nearest the gulf, or the vegetation growing thereon or seaward thereof, or to operate or drive such a vehicle on the area seaward thereof,commonly referred to as"the beach"within Collier County, Florida. (2) To alter or cause to be altered any sand dune or the vegetation growing thereon or seaward thereof; make any excavation, remove any material, trees, grass or other vegetation or otherwise alter existing ground eleva- tions or condition of such dune without first securing a permit as provided for in this code. Sec. 3.14.3. Exceptions; permit. All permits to allow operation of vehicles on county beaches shall expire on April 30, of each year, to coincide with the beginning of sea turtle nesting season. During sea turtle nesting season, May 1 through October 31, of each year, all permits shall be subject to section 3.14.6 of this division. 3.14.3.1. Sheriff, city, state and federal police and game and fish commission vehicles operated or authorized by officers of these departments operating under orders in the normal course of their duties shall be exempt from the provisions of this division. 3.14.3.2. Vehicles which must travel on the beaches in connection with environmental maintenance, conservation, environmental work, and/or for purposes allowed by Collier County Ordinance No.89-16,providing that the vehicle(s)associated with the permitted uses of Collier County Ordinance No. 89-16 remain sta- tionary, except to access and egress the beach, shall be exempt from the pro- visions of this division if a permit has been obtained from the site development review director or his designee, and said [permit] is prominently displayed on the windshield of such vehicle and kept with the vehicle and available for • inspection. The procedure for obtaining such a permit shall be by application to the site development review director in writing stating the reason or reasons why it is necessary for such vehicle or vehicles to be operated on the beaches in connection with an environmental maintenance, conservation, environ- mental purpose and/or for purposes allowed by Collier County Ordinance No. 89-16,taking into consideration the vehicular use restriction previously stated as a criterion for an exception,and permit for such vehicle or vehicles shall be issued by the site development review director if the site development review *State law reference—Vehicular traffic on coastal beaches, F.S. § 161.58. LDC3:159 — r § 3.14.3.2 COLLIER COUNTY LAND DEVELOPMENT CODE director is satisfied that a lawful and proper environmental maintenance, conservation, environmental purpose and/or purpose as described above and allowed by Collier County Ordinance No. 89-16 will be served thereby. 3.14.3.3. Baby buggies(perambulators),toy vehicles,toy wagons,wheelchairs or similar devices to aid disabled or nonambulatory persons shall be exempt from the provisions of this division. (Ord. No. 93-37, § 3; Ord. No. 93-89, § 3) Sec. 3.14.4. Permit for construction. Prior to beginning construction in proximity to a sand dune for any purpose whatsoever, including conservation, a temporary protective fence shall be installed a minimum of ten feet landward of the dune. It shall be unlawful to cause or allow construction and related activity seaward of such fence. Each permit for work shall clearly indicate the provisions of this code and the protective measures to be taken and shall be subject to the provisions of section 3.14.6 of this division. (Ord. No. 93-37, § 3) Sec. 3.14.5. Beach raking and mechanical beach cleaning. 3.14.5.1. Beach raking and mechanical beach cleaning shall be prohibited on undevel- oped coastal barriers unless a state permit is required. 3.14.5.2. Beach raking and mechanical beach cleaning shall be subject to the provisions of section 3.14.6 of this division. 3.14.5.3. Beach raking and mechanical beach cleaning shall not interfere with sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural existing beach profile and minimize interference with the natural beach dynamics and function. 3.14.5.4. Beach raking and mechanical beach cleaning devices shall not disturb or pen- etrate beach sediments by more than the minimum depth necessary, not to exceed one inch,in order to avoid a potential increase in the rate of erosion.In cases where the one-inch depth is not sufficient, a maximum depth of two inches, as allowed by the department of natural resources, will be permitted where approved in writing by the development services director. • 3.14.5.5. Heavy equipment shall not be used to conduct beach raking and mechanical beach cleaning. Lightweight vehicles having wide, low profile, low pressure tires shall be used to conduct beach raking and mechanical beach cleaning operations. (Ord. No. 93-37, § 3; Ord. No. 93-89, § 3) Sec. 3.14.6. Operation of vehicles on the beach during marine turtle nesting season. The operation of motorized vehicles, including but not limited to any self-propelled, wheeled, tracked, or belted conveyance, shall be prohibited on coastal beaches above mean high water during sea turtle nesting season, May 1 to October 31, of each year, except in cases of law enforcement, emergency, or conservation of sea turtles. 3.14.6.1. Beach raking and mechanical beach cleaning during sea turtle nesting season, May 1 to October 31,of each year, shall be confined to the area of beach below LDC3:160 DEVELOPMENT REQUIREMENTS § 3.15.1.8 mean high water or previous high-tide mark and only where a state-certified sea turtle monitoring program is in place and shall be performed only after daily sea turtle monitoring has been conducted by a state certified sea turtle permit holder. (Ord. No. 93-37, § 3) DIVISION 3.15.ADEQUATE PUBLIC FACILITIES* Sec. 3.15.1. Findings. 3.15.1.1. Collier County, pursuant to F.S. § 163.3161 et seq., the Florida Local Govern- ment Comprehensive Planning and Land Development Regulation Act (here- inafter"the Act"),is required to prepare and adopt a Comprehensive Plan;and 3.15.1.2. As part of that comprehensive plan, the county is required to prepare and adopt a capital improvement element (CIE) which covers at least a five-year period and is designed to consider the need for and location of public facilities; and 3.15.1.3. The CIE is required to: 3.15.1.3.1. Establish a level of service to determine the adequacy of public facilities; and 3.15.1.3.2. Based upon the established level of service, estimate public facility needs both to correct existing deficiencies and accommodate needs projected by new growth and development; and 3.15.1.3.3. Based on public facility needs, project costs to provide the necessary public facilities and find realistic revenue sources to fund the public facilities; and 3.15.1.4. The comprehensive plan with the CIE is designed to ensure that adequate public facilities are available concurrent with the impact of development; and 3.15.1.5. After adoption of the comprehensive plan,the Act mandates that Collier County adopt land development regulations that implement the comprehensive plan; and 3.15.1.6. F.S. § 163.3177(10)(h), provides that public facilities and services needed to support development must be available concurrent with the impacts of such development; and 3.15.1.7. F.S. § 163.3202(2)(g), also provides that not later than one year after its due date established by the state land planning agency's rule for submission of local comprehensive plans, a local government shall not issue a development order or permit which results in a reduction in the level of service for the affected public facilities below the level of service provided in the comprehen- sive plan and CIE; and 3.15.1.8. Rule 9J-5.0055, Florida Administrative Code (F.A.C.) requires that a concur- rency management system must be implemented after adoption of a compre- *Code reference—Adequate public facilities ordinance, § 106-71 et seq. State law reference—Concurrency, F.S. § 163.3180. Supp. No. 1 LDC3:161 COLLIER COUI _ Y COMMUNITY DEV. ENVIRONI,Z,NTAL SVCS. DIVISION PLANNING SERVICES DEPARTMENT CURRENT PLANNING SECTION DATE: VB- - Application for Certificate of Exemption for the Operation of Vehicles on Collier County Beaches. Property Owner Authorized Agent Address Address Phone Phone 1. Area of beach proposed for vehicular operation(Attach site plan, or 1:200 scale aerial with area(s) clearly delineated.) 2. Zoning District: 3. Vehicle(s) will not be operated on, over, or across any sand dune or any beach or dune native vegetation or in areas of protected flora or fauna species. Instead they will gain access to and egress from the beach via(as indicated on plan). 4. List vehicle(s), a brief description, and Florida license number or other prominent vehicle identification number. 5. State the reason why it is necessary for such vehicle(s) to be operated on the beach in connection with environmental maintenance, conservation, and/or proper and/or lawful environmental purpose(s) (be concise): 6. Proposed starting and completion dates and daily hours requested: NOTE: Applicant is advised to contact appropriate State and Federal jurisdictional agencies, which may require permits. This exemption is only valid after all required local, State and Federal Permits have been obtained. I have read and understand Collier County Land Development Code Division 3.14, as amended. OWNER/AGENT DATE * * * * * * * * * * * * * * * * * * * * * * * * For Current Planning Section use only Proof of Ownership Site Visit ST Review Proof of Agency CCSL Variance Zoning District Approval/Denial CURRENT PLANNING STAFF DATE Return completed applications to: Collier County Community Dev. &Environmental Svcs. Division Planning Services Department Current Planning Section 2800 N. Horseshoe Drive Naples, FL 34104 Phone: (941) 643-8400 Fee: $250.00 Make checks payable to: Board of Collier County Commissioners 6/96 EW/f:\Environmental Application Forms\Vehicle on the Beach DEVELOPMENT REQUIREMENTS § 3.10.3.2 Sec. 3.9.8. Suspension of permit requirement. The board of county commissioners may, by emergency resolution, suspend the permit re- quirement for vegetation removal in the aftermath of a natural disaster, such as a hurricane, when the following conditions are met and contained in the resolution: 3.9.8.1. The suspension is for a defined period of time not to exceed 30 days or as otherwise set by the board of county commissioners. 3.9.8.2. The vegetation removal is necessitated by disaster related damage. 3.9.8.3. The suspension is not applicable to vegetation within habitats containing listed species (as regulated in division 3.11). 3.9.8.4. The vegetation to be removed is not a specimen tree. (Ord. No. 93-89, § 3) DIVISION 3.10. SEA TURTLE PROTECTION* Sec. 3.10.1. Title and citation. This division shall be known and may be cited as the "Collier County Sea Turtle Protection Regulations." Sec. 3.10.2. Purpose. The purpose of this division is to protect the threatened and endangered sea turtles that nest along the beaches of Collier County, Florida, by—safeguarding sea turtle hatchlings from sources of artificial light and adult and hatchling sea turtles from injury or harassment. The county shall adhere to state and federal guidelines for the protection of sea turtles. (Ord. No. 93-37, § 3) Sec. 3.10.3. New development. For new development,construction and building and electrical plans for construction of single- family or multifamily dwellings, commercial or other structures including electrical plans associated with parking lots, dune walkovers or other outdoor lighting for real property if there is lighting associated with such construction or development that is within 300 feet of the line of mean high water, or if there are any light sources or any reflective surfaces illuminated by such sources that will be visible from the beach, [such lighting] shall be in compliance with the following: 3.10.3.1. Outdoor lighting shall be held to the minimum necessary for security and safety. Floodlights and landscape or accent lighting shall be prohibited. 3.10.3.2. All lighting including wall-mounted fixtures,pole lighting,lights on balconies, and any other type of lighting not specifically referenced by this section, shall be of low intensity and shall be fitted with hoods or positioned so that the light *Code references—Coastal zone protection, § 22-286 et seq.; environment, ch. 54; natural resources, ch. 90. State law references—Local lighting restrictions, F.S. § 161.163; Marine Turtle Protection Act, F.S. § 370.12(1). LDC3:143 3.10.3.2 COLLIER COUNTY LAND DEVELOPMENT CODE sources or any reflective surfaces illuminated by such sources are not visible from the beach. 3.10.3.3. Low profile luminaries shall be used in parking lots and such lighting shall be fitted with hoods or positioned so that the light sources or any reflective sur- faces illuminated by such sources are not visible from the beach. 3.10.3.4. Dune crosswalks shall utilize low profile shielded luminaries directed and positioned so that light sources or any reflective surfaces illuminated by such sources are not visible from the beach.Dune crossover lighting shall be limited to the area landward of the primary dune. 3.10.3.5. If high intensity lighting is necessary, low pressure sodium vapor luminaries shall be used and fitted with a hood or positioned so that the light sources or any reflective surfaces illuminated by such sources are not be[sic]visible from the beach. 3.10.3.6. Plates of tinted glass are required for windows that are visible from the beach. The tinted glass shall be any window or glazing that has an industry-approved light transmittance value of 45 percent or less. Such transmittance shall be limited to the visible spectrum(400 to 700 nanometers)and shall be measured as the percentage of light that is transmitted through the glass, inside to outside. 3.10.3.7. Temporary security lights at construction sites shall not be mounted more than 15 feet above the ground. Light sources or any reflective surfaces illumi- nated by such sources shall not be visible from the beach. (Ord. No. 93-37, § 3) Sec. 3.10.4. Existing development. For existing development, within four months of the effective date of this division, existing structures with any light sources or reflective surfaces illuminated by such sources that are visible from the beach, shall be in compliance with the following: 3.10.4.1. All lights shall be turned off after 9:00 p.m.between May 1 and October 31,of each year, or fitted with a hood or positioned so that the light sources or any reflective surfaces illuminated by such sources are not be(sic]visible from the beach. 3.10.4.2. Lights illuminating dune crosswalks shall be turned off after 9:00 p.m. be- tween May 1 and October 31,of each year, and must be modified to conform to the requirements for new development in accordance with section 3.10.3 of this division. 3.10.4.3. Security and emergency exit lighting shall follow the same requirements stated in section 3.10.4.1 of this division. If high intensity lighting is necessary, low pressure sodium vapor luminaries shall be used and fitted with a hood or positioned so that the light sources or any reflective surfaces illuminated by such sources are not be [sic]visible from the beach. 3.10.4.4. At least one of the following measures shall be taken, where applicable, to reduce or eliminate the negative effects of interior light emanating from doors LDC3:144 DEVELOPMENT REQUIREMENTS § 3.10.7.1 or windows within line of sight of the beach, where lights currently illuminate the beach: a. In windows facing the Gulf of Mexico and all inlet shorelines of these beaches, tinted window treatments are required for windows that are visible from the beach so that indoor lights do not illuminate the beach. The tinted glass shall be any window or glazing that has an industry- approved light transmittance value of 45 percent or less. Such transmit- tance shall be limited to the visible spectrum(400 to 700 nanometers)and shall be measured as the percentage of light that is transmitted through the glass, inside to outside. b. Rearrange lamps and other movable fixtures away from windows. c. Use window treatments,including but not limited to blinds and curtains, to shield interior lights from the beach. d. Turn off unnecessary lights. (Ord. No. 93-37, § 3) Sec. 3.10.5. Publicly owned lighting. All publicly owned lighting with light sources that are visible from the beach or that illumi- nate reflective surfaces that are visible from the beach, shall be turned off after 9:00 p.m. between May 1 and October 31,of each year,or shall be fitted with a hood or positioned so that the light sources or any reflective surfaces illuminated by such sources are not visible from the beach. (Ord. No. 93-37, § 3) Sec. 3.10.6. Unlawful to kill, molest, or injure sea turtles. It shall be unlawful for any person to kill, molest, or cause direct or indirect injury to any species of sea turtle in Collier County or within its jurisdictional waters. It shall be unlawful to collect or possess any part of a sea turtle. (Ord. No. 93-37, § 3) Sec. 3.10.7. Construction during nesting season. It shall be unlawful to construct any structure, add any fill, mechanically clean any beach, or grade any dirt within 100 feet of the nesting zone of a beach where sea turtles nest or may nest, during the nesting season, without obtaining a construction in sea turtle nesting area permit from the development services director. If sea turtle nesting occurs within 100 yards of the construction measured parallel to the shoreline during permitted construction activities, the nest area will be flagged by the permittee and the natural resources director informed prior to 9:00 a.m. of that morning. Depending on nest location in relation to intensive construction activities, the natural resources director may require that the nest(s) be relocated by the applicant pursuant to section 3.10.8.2 [3.10.9.2] and section 3.10.8.3 [3.10.9.3]. 3.10.7.1. Construction activities shall not interfere with sea turtle nesting, shall pre- serve or replace any native vegetation on the site, and shall maintain the natural existing beach profile and minimize interference with the natural beach dynamics and function. LDC3:145 3.10.7.2 COLLIER COUNTY LAND DEVELOPMENT CODE 3.10.7.2. Construction or repair of any structure, including but not limited to dune walkovers, seawalls or other revetments, sandbags, groins or jetties shall not be permitted during sea turtle nesting season on any Collier County beaches. (Ord. No. 93-37, § 3) Sec. 3.10.8. Reserved. Sec. 3.10.9. Permits and fees. 3.10.9.1. Construction in a sea turtle nesting area permit. During the nesting season, construction within 100 feet of the nesting zone of a beach where sea turtles nest or may nest shall require a permit from the site development review director or his designee.The site development review director shall inform the applicant about sea turtle crawls and nesting. It shall be the responsibility of the applicant to ensure that all persons working on the permitted construction are similarly informed. All other required state and federal permits shall be obtained prior to a construction in sea turtle nesting area permit being issued. 3.10.9.2. Turtle handling permit. It shall be unlawful to relocate or possess a sea turtle without first obtaining a permit from the development services director. The development services director shall issue said permit only to persons who have obtained a Florida Marine Turtle permit from the State of Florida department of natural resources prior to issuance of the Collier County permit. 3.10.9.3. Nest relocation. If the site development review director or his or her designee finds that it is necessary for a nest to be relocated away from a construction area, then only the site development review director or his or her designee or an individual possessing a turtle handling permit shall move the nest. Where the site development review director or his/her designee who possesses a Florida Marine Turtle permit moves a sea turtle nest the cost to the landowner shall be the fee established by resolution of the board of county commissioners. A nest that is more than 12 hours old shall not be relocated under any circum- stances. (Ord. No. 93-37, § 3; Ord. No. 93-89, § 3) Sec. 3.10.10. Penalties for violation: resort to other remedies. Violation of the provisions of this division or failure to comply with any of its requirements shall constitute a misdemeanor. Any person or firm who violates this division or fails to comply with any of its requirements shall upon conviction thereof be fined, or imprisoned, or both, as provided by law. Each day such violation continues shall be considered a separate offense. Each sea turtle killed, injured, or molested shall constitute a separate violation.Any other person who commits,participates in,assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. The county, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to injunctive action, to enforce the provisions of this division. DIVISION 3.11.ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION Sec. 3.11.1. Title and citation. This division shall be known and may be cited as the "Collier County Endangered, Threat- ened, or Listed Species Protection Regulations." LDC3:146 3.10.7.2 COLLIER COUNTY LAND DEVELOPMENT CODE 1 3.10.7.2. Construction or repair of any structure, including but not limited to dune walkovers, seawalls or other revetments, sandbags, groins or jetties shall not be permitted during sea turtle nesting season on any Collier County beaches. Ord. No. 93-37, § 3) • Sec. 3.10.8. Reserved. Sec. 3.10.9. Permits and fees. 3.10.9.1. Construction in a sea turtle nesting area permit. During the nesting season, construction within 100 feet of the nesting zone of a beach where sea turtles nest or may nest shall require a permit from the site development review director or his designee.The site development review director shall inform the applicant about sea turtle crawls and nesting. It shall be the responsibility of the applicant to ensure that all persons working on the permitted construction are similarly informed. All other required state and federal permits shall be obtained prior to a construction in sea turtle nesting area permit being issued. 3.10.9.2. Turtle handling permit. It shall be unlawful to relocate or possess a sea turtle without first obtaining a permit from the development services director. The development services director shall issue said permit only to persons who have obtained a Florida Marine Turtle permit from the State of Florida department of natural resources prior to issuance of the Collier County permit. 3.10.9.3. Nest relocation. If the site development review director or his or her designee finds that it is necessary for a nest to be relocated away from a construction area, then only the site development review director or his or her designee or an individual possessing a turtle handling permit shall move the nest.Where the site development review director or his/her designee who possesses a Florida Marine Turtle permit moves a sea turtle nest the cost to the landowner shall be the fee established by resolution of the board of county commissioners. A nest that is more than 12 hours old shall not be relocated under any circum- stances. (Ord. No. 93-37, § 3; Ord. No. 93-89, § 3) Sec. 3.10.10. Penalties for violation: resort to other remedies. Violation of the provisions of this division or failure to comply with any of its requirements shall constitute a misdemeanor. Any person or firm who violates this division or fails to comply with any of its requirements shall upon conviction thereof be fined, or imprisoned, or both, as provided by law. Each day such violation continues shall be considered a separate offense. Each sea turtle killed, injured, or molested shall constitute a separate violation. Any other person who commits,participates in, assists in,or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. The county, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to injunctive action,to enforce the provisions of this division. DIVISION 3.11.ENDANGERED, THREATENED OR LISTED SPECIES PROTECTION Sec. 3.11.1. Title and citation. This division shall be known and may be cited as the "Collier County Endangered, Threat- i ened, or Listed Species Protection Regulations." LDC3:146 DEVELOPMENT REQUIREMENTS § 3.12.1 Sec. 3.11.2. Purpose. The purpose of this division is to protect the species listed by the Florida game and fresh water fish commission(FGFWFC),United States Fish and Wildlife Service(USFWS)and Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) as endan- gered, threatened or of special concern or status in Collier County, Florida by including measures for protection and/or relocation of endangered, threatened, or species of special concern or status. Sec. 3.11.3. New and existing development. For new and existing development and construction pursuant to division[s]3.2 and 3.3 and the building code of Collier County, until permanent guidelines and standards are adopted by Collier County,the following shall apply as interim guidelines or standards for the protection of endangered, threatened or species of special concern or status as prescribed by Goal 7 and associated objectives and policies, as amended, of the conservation and coastal management element of the Collier County growth management plan: 3.11.3.1. Plans shall be submitted for review and subject to approval by the project review services department of the development services division, for the man- agement of habitat and wildlife, including measures for protection and/or re- location of species of special status. Such plans shall comply with current federal, state and local policies. 3.11.3.2. Federal habitat management guidelines for the bald eagle (Haliaeetus leuco- cephalus) and the woodstork (Mycteria americana) in the Southeast Region, published and issued by the USFWS, shall be adopted as guidelines for min- imum standards to maintain or improve the environmental conditions that are required for the survival and well-being of bald eagles and woodstorks. 3.11.3.3. Until the adoption of federal guidelines for the red-cockaded woodpecker (Pi- coides borealis) and Florida panther(Felis concolor coryi), the developer shall be responsible for the development of a protection plan for conservation and management of these species. 3.11.3.4. All protection plans shall be subject to review and approval by the project review services section of the development services department. The county may consider and utilize recommendations and letters of technical assistance of the Florida game and fresh water fish commission, and recommendations and guidelines of the USFWS,in issuing development orders on property con- taining wildlife species of special status. (Ord. No. 92-73, § 2) DIVISION 3.12. COASTAL ZONE MANAGEMENT* Sec. 3.12.1. Title and citation. This division shall be known and may be cited as the "Collier County Coastal Management Zone Regulations." *State law reference—Coastal Zone Protection Act of 1985, F.S. § 161.52 et seq. LDC3:147 COLLIER COUNTY CC .UNITY DEV. & ENVIRONMENTA. JVCS. DIVISION PLANNING SERVICES DEPARTMENT CURRENT PLANNING SECTION SEA TURTLE PERMIT APPLICATION # TP- - Applicant: Organization/Business: Address: Phone Number: Requested start/end dates: Description and limitations of proposed work: For Construction in a Sea Turtle Nesting Area: *Address and Legal Description of construction site: * Associated Permit Numbers (Building Permit, SDP, Vehicle on Beach) : * Attach fee ($200. 00) * Attach copy of an approved Florida Department of Environmental Protection Sea Turtle Protection Plan. For Sea Turtle Handling Permit: * Attach fee ($25. 00) * Attach copy of Florida Department of Natural Resources Marine Turtle Permit I have read and understand Collier County Land Development Code, Division 3 .10. Applicant Date For Staff use only. Include permit number if applicable. ST Review (FDEP) STPP Site Visit (FDEP) MTP Application Fee Current Planning Staff Date Return completed applications to: Collier County Community Dev. & Environmental Svcs. Division Planning Services Department Current Planning Section 2800 N. Horseshoe Drive Naples, FL 34104 Phone: (941) 643-8400 Make checks payable to: Board of Collier County Commissioners 6/96 ew/f:\Environmental Application Forms\Sea Turtle App. 3.7.1 COLLIER COUNTY LAND DEVELOPMENT CODE l DIVISION 3.7. SOIL EROSION CONTROL* Sec. 3.7.1. Title and citation. This division shall be known and may be cited as the "Collier County Soil Erosion Control Regulations." Sec. 3.7.2. Purpose. The purpose of this division is to establish guidelines and design criteria for controlling and reducing soil erosion and sediment transport for construction and other nonagricultural land disturbing activities permitted pursuant to the provisions of divisions 3.2 and 3.3 of this code. Sec. 3.7.3. Soil erosion and sediment control plan required. For new and existing development and construction approved pursuant to the provisions of divisions 3.2 and 3.3, a soil erosion and sediment control plan shall be prepared and submitted for approval with the required construction documents for each proposed project as prescribed by objective 5.4 and policies 5.4.1 through 5.4.4 of the conservation and coastal management element of the Collier County growth management plan. Each plan shall be prepared in accordance with the following standards: 3.7.3.1. The Florida Development Manual: A Guide to Sound Land and Water Man- agement,department of environmental regulation,State of Florida,June 1988, chapter 6: Stormwater and Erosion and Sediment Control Best Management Practices for Developing Areas, Guidelines for Using Erosion and Sediment Control Practices ES BMP 1.01-1.67, pp. 6-301 through 6-500. 3.7.3.2. Turbidity values surrounding discharge from projects shall not violate water quality criteria contained in 17-302.510(r) F.A.C. 3.7.3.3. Any irrigation system utilized to implement an erosion control plan shall be designed and installed pursuant to: USDA SCS Field Office Technical Guide, section 1V, codes 441, 442, 449 and all subsequent supplements thereto. DIVISION 3.8.ENVIRONMENTAL IMPACT STATEMENTS (EIS)t Sec. 3.8.1. Title and citation. This division shall be known and may be cited as the "Collier County Environmental Impact Statement Regulations." Sec. 3.8.2. Purpose. 3.8.2.1. The purpose of this division is to provide a method to objectively evaluate the impact of a proposed development,site alteration,or project upon the resources and environmental quality of the project area and the community and to in- sure that planning and zoning decisions are made with a complete under- standing of the impact of such decisions upon the environment, to encourage projects and developments that will: 1. Protect,conserve and enhance,but not degrade,the environmental quality and resources of the particular project or development site, the general area and the greater community. *Code reference—Natural resources, ch. 90. tCode reference—Environment, ch. 54. LDC3:118 DEVELOPMENT REQUIREMENTS § 3.8.4 2. Minimize the future reduction in property values likely to result, or be caused by improperly designed and executed projects and developments. 3. Reduce the necessity for expenditure of public funds in the future for rehabilitating the environmental quality of areas of environmental sen- sitivity. 3.8.2.2. Further, it is the purpose of this division to attain the widest range of benefi- cial uses of the environment without degradation of environmental advan- tages and risk to public health, safety, welfare and other undesirable conse- quences. 3.8.2.3. It is also the purpose of this division to optimize a balance between population and resource use to permit high standards of living and a wide sharing of resources and amenities among all citizens and residents of and visitors to Collier County during the present and future generations. Sec. 3.8.3. Applicability; environmental impact statement (EIS) required. Without first obtaining approval of an EIS,or exemption pursuant to section 3.8.9,as required by this code it shall be unlawful and no building permit, conditional use, zoning change, subdivision or condominium plat or unplatted subdivision approval or other county permit or approval of or for development or site alteration shall be issued to cause the development of or site alteration of: 1. Any site with a ST or ACSC-ST overlay. 2. All sites seaward of the coastal management boundary that are 2.5 or more acres. 3. All sites landward of the coastal management boundary that are ten or more acres. 4. Any other development or site alteration which in the opinion of the development services director, would have substantial impact upon en- vironmental quality and which is not specifically exempted in this code. In determining whether such a project would have substantial environ- mental impact the development services director shall base his decision on the terms and conditions described in this code and on the project's consistency with the growth management plan. Sec. 3.8.4. Submission and review of EIS. A completed EIS, signed by the property owner or his designated agent, shall be submitted to development services director for approval, denial or approval with modifications. No devel- opment or site alteration will be started without this approval and permits required by law. Failure to provide full and complete information shall be grounds for denial of the application. The author(s) of the EIS shall provide evidence, by academic credentials or experience, of his/her expertise in the area of environmental sciences or natural resource management. Academic credentials shall be a bachelor's or higher degree in one of the biological sciences. ( Experience shall reflect at least three years,two years of which shall be in the State of Florida, of ecological or biological professional experience if substituting for academic credentials. LDC3:119 § 3.8.5 COLLIER COUNTY LAND DEVELOPMENT CODE l Sec. 3.8.5. Information required for application. 3.8.5.1. Applicant information. 1. Responsible owner(s)/agent(s) who wrote the EIS and his/her education and job related environmental experience. 2. Owner(s)/agent(s) name, address. 3. Affidavit of proof of authorized agent. 3.8.5.2. Development and site alteration information. 1. Description of proposed use. 2. Legal description of site. 3. Location and address description. 3.8.5.3. Mapping and support graphics. 1. General location map. 2. Native habitats and their boundaries shall be identified on an aerial photograph of the site extending at least 200 feet outside the parcel boundary. This does not mean the applicant is required to go on to adja- cent properties. Habitat identification will be consistent with the Florida Department of Transportation Florida Land Use Cover and Forms Clas- sification System and shall be depicted on an aerial photograph having a scale of one inch equal to at least 200 feet when available from the county, otherwise, a scale of at least one inch equal to 400 feet is accept- able. Information obtained by ground-truthing surveys shall have prece- dence over information presented through photographic evidence. 3. Topographic map showing upland, bathymetric contours and existing drainage patterns if applicable. 4. Existing land use of site and surrounding area. 5. Soils map at scale consistent with that used for Florida Department of Transportation Florida Land Use Cover and Forms Classification System determinations. 6. Proposed drainage plan indicating basic flow patterns,outfall and off-site drainage. 7. Development plan including phasing program, service area of existing and proposed public facilities, and existing and proposed transportation network in the impact area. 3.8.5.4. Impact categories. 3.8.5.4.1. Biophysical. 1. Air quality. a. Changes in level of air pollutants as defined by current regulations. b. Number of people that will be affected by air pollution resulting from the project. LDC3:120 DEVELOPMENT REQUIREMENTS § 3.8.5.4.1 c. Procedures that will be use [used] to reduce adverse impacts of air pollution. 2. Water quality. a. Changes in levels and types of water pollution as defined by current regulations. b. Inventory of water uses that are restricted or precluded because of pollution levels resulting from this project. c. Person affected by water pollution resulting from the project. d. Project designs and actions which will reduce adverse impacts of water pollution. 3. Physiography and geology. a. A description of the soil types found in the project area. b. Aerial extent of proposed topographic modification through excava- tion, dredging and filling. c. Removal and/or disturbance of natural barriers to storm waves and flooding. d. Proposed modifications to natural drainage patterns. e. Extent of impervious surface and percent of groundwater recharge area to be covered. f. Annual drawdown of groundwater level resulting from use. g. Increased siltation in natural water bodies resulting from the pro- posed use. 4. Wetlands. a. Define number of acres of Collier County jurisdictional wetlands (pursuant to the Collier County growth management plan) by veg- etation type(species),vegetation composition(canopy,midstory and ground cover), vegetation abundance (dominant, common and occa- sional), and their wetland functions. b. Determine present seasonal high water levels and historical high water levels by utilizing lichen lines or other biological indicators. c. Indicate how the project design improves/affects predevelopment hy- droperiods. d. Indicate proposed percent of defined wetlands to be impacted and the effects of proposed impacts on functions of wetland areas. e. Indicate how the project design minimizes impacts on wetlands. f. Indicate how the project design shall compensate for the wetland impacts pursuant to the Collier County growth management plan. 5. Upland utilization and species of special status. a. Define number of acres of uplands by vegetative type (species),veg- etation composition (canopy, midstory, and ground cover), vegeta- LDC3:121 § 3.8.5.4.1 COLLIER COUNTY LAND DEVELOPMENT CODE tion abundance (dominant, common and occasional) and their up- land functions. b. Indicate proposed percent of defined uplands to be impacted and the effects of proposed impacts on functions of upland areas. c. Indicate how the project design minimizes impacts on uplands. d. Provide a plant and animal species survey to include at a minimum, species of special status that are known to inhabit biological com- munities similar to those existing on-site and conducted in accor- dance with the guidelines of the Florida game and freshwater fish commission. e. Indicate how the project design minimizes impacts on species of special status. 6. Marine and estuarine resources. a. Provide current State of Florida classification of the waters(Florida Administrative Code, chapter 17-3). b. Define number of acres of marine and estuarine resources by sub- merged grass beds, breeding areas and nursery areas and their ma- rine and estuarine functions. c. Indicate proposed percent of defined marine and estuarine resources to be impacted and the effects of proposed impacts on functions of marine and estuarine resources. d. Estimate changes in the dockside landing of commercial fish and shellfish. e. Estimate changes in the sport fishing effort and catch. f. Provide past history of any environmental impacts to the area in- cluding oil spills. g. Indicate how the project design minimizes impacts on marine and estuarine resources. h. Indicate how the project design shall replace the lost marine and estuarine functions. 7. Noise. a. Describe the changes in decibels and duration of noise generated during and after the project (both day and night) that will exceed Collier County regulations. b. Describe steps that will be taken to reduce noise levels during and after the project. c. Protect compliance with Federal Aid Highway Program Manual 7-7-3. 3.8.5.4.2. Public facilities and services. 1. Wastewater management. a. Describe existing treatment facilities as to capacity, percent ca- pacity-being used, type of treatment and degree of treatment. LDC3:122 DEVELOPMENT REQUIREMENTS § 3.8.5.4.2 b. If applicable, describe similar features of proposed new treatment facilities. c. Describe the character and fate of both liquid and solid effluents. 2. Water supply. a. Estimate of average daily potable and nonpotable water demands by the project. b. Source of the raw water supply. c. Analysis of on-site treatment systems relative to state and county standards. 3. Solid wastes. a. Estimate of average daily volume of solid wastes. b. Proposed method of disposal of solid wastes. c. Any plans for recycling or resource recovery. 4. Recreation and open spaces. a. Acreage and facilities demand resulting from the new use. b. Amount of public park/recreation land donated by the developer. c. Management plans for any open water areas if one-half acre or more within the project. d. Plans for recreational development by the developer on dedicated lands. e. Amount of public recreation lands removed from inventory by the new use. f. Development and/or blockage of access to public beaches and waters. 5. Aesthetic and cultural factors. a. Provide documentation from the Florida Master Site File, Florida department of state and any printed historic archaeological surveys that have been conducted on the project area. b. Locate any known historic or archaeological sites and their relation- ships to the proposed project design. c. Demonstrate how the project design preserves the historic/archaeo- logical integrity of the site. d. Indicate any natural scenic features that might be modified by the project design and explain what actions shall be utilized to preserve aesthetic values. e. Provide the basic architectural and landscaping designs. 6. Monitoring. a. Describe the design and procedures of any proposed monitoring during and after site preparation and development. LDC3:123 § 3.8.6 COLLIER COUNTY LAND DEVELOPMENT CODE Sec. 3.8.6. Specifics to address. 3.8.6.1. General. The statement should specifically address the following: 3.8.6.1.1. Indicate how the proposed project has incorporated the natural, aesthetic and cultural resources and other environmental considerations in the planning and design of the proposed project. 3.8.6.1.2. List the environmental impact(s)of the proposed action and the reason(s)that the impact(s) are unavoidable and that the impact(s) represent the minimum impacts possible to the environmental quality of the site and/or the sur- rounding area, which might be affected by the proposed use. 3.8.6.1.3. Provide substantiated alternatives to the proposed project so that reasons for the choice of a course of action are clear, not arbitrary or capricious. 3.8.6.1.4. List immediate shortterm and longterm impacts to the environment. 3.8.6.1.5. List any irreversible and irretrievable commitments of natural resources which would be involved in the proposed action should it be implemented. Sec. 3.8.7. Additional data. The development services director may require any additional data or information necessary in order to make a thorough and exact evaluation of the EIS. Sec. 3.8.8. Relation between EIS and development of regional impact (DRI). In any instance where the proposed project requires both an EIS and a DRI,their data may be embodied in one report provided such report includes all the required information on both the EIS and DRI. Sec. 3.8.9. Exemptions. 3.8.9.1. Single-family or duplex use on a single lot or parcel.Exemption shall not apply to any parcel with a ST or ACSC-ST overlay, unless otherwise exempted by section 2.2.24.8 of this code. 3.8.9.1.1. Bona fide agricultural uses where an agricultural clearing permit or exemp- tion has been issued in accordance with section 3.9.6.5 herein, provided that the subject property will not be converted to a nonagricultural use or consid- ered for any type of rezoning petition for a period of ten years after the agri- cultural uses commence and provided that the subject property does not fall within an ACSC or ST zoning overlay. 3.8.9.1.2. Such agricultural use shall be conducted in a manner which meets all state and local regulations,including the use of herbicides,pesticides, and fertilizer application. 3.8.9.1.3. Bona fide agricultural uses shall be the same as those defined in section 2.2.2.2.1 LDC, Permitted uses, item 2, as may be amended from time to time. 3.8.9.2. Any area or parcel of land which is not, in the opinion of the development services director,an area of ei4vironmental sensitivity. Prior to making such a "` finding, the development services director designee shall inspect the site and LDC3:124 DEVELOPMENT REQUIREMENTS § 3.8.11 write a report, which shall be filed in the public records, that determines how the proposed project relates to each of the following criteria: 3.8.9.2.1. The subject property has already been altered through past usage, prior to the adoption of this code, in such a manner that the proposed use will not further degrade the environmental quality of the site or the surrounding areas which might be affected by the proposed use. 3.8.9.2.2. The major flora and fauna features have been altered or removed to such an extent as to preclude their reasonable regeneration or useful ecological pur- pose.An example would be in the case of an industrial park or a commercial development where most of the flora and fauna were removed prior to the passage of this code. 3.8.9.2.3. The surface and/or natural drainage or recharge capacity of the project site has been paved or channeled, or otherwise altered or improved prior to the adop- tion of this code, and will not be further degraded as a result of the proposed use or development. 3.8.9.2.4. The use and/or development of the subject property will definitely improve and correct ecological deficiencies which resulted from use and/or development which took place prior to the passage of this code.An example would be where the developer proposes to reforest the area, provide additional open space, replace natural drainage for channeled drainage, and/or reduce density. 3.8.9.2.5. The use or development will utilize existing buildings and structures and will not require any major alteration or modification of the existing land forms, drainage, or flora and fauna elements of the property. 3.8.9.3. All lands lying within all incorporated municipalities in Collier County. (Ord. No. 92-73, § 2; Ord. No. 93-89, § 3) Sec. 3.8.10. Fees. In order to implement, maintain and enforce this code, the cost upon submission of the envi- ronmental impact statement shall be as established by resolution.Until this fee has been paid in full no action of any type shall be taken. Sec. 3.8.11. Appeals. Any person aggrieved by the decision of the development services director regarding any section of this code may file a written request for appeal, not later than ten days after said decision, with the environmental advisory board or their successor organization. The environ- mental advisory board will notify the aggrieved person and the development services director of the date, time and place that such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all parties waive this requirement. The appeal will be heard by the environmental advisory board within 60 days of the submission of the appeal.Ten days prior to the hearing the aggrieved person shall submit to the environmental advisory board and to the development services director copies of the data and information he intends to use in his appeal. Upon conclusion of the hearing the environmental advisory board will submit to the board of county commissioners their facts, findings and recommendations. The board of county corn- Supp. No. 1 LDC3:125 3.8.11 COLLIER COUNTY LAND DEVELOPMENT CODE missioners. in regular session. will make the final decision to affirm, overrule or modify the decision of the development services director in light of the recommendations of the environ- mental advisory board. DIVISION 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION* Sec. 3.9.1. Title and citation. This division shall be known and may be cited as the "Collier County Vegetation Removal, Protection and Preservation Regulations." Sec. 3.9.2. Purpose. The purpose of this division is the protection of vegetation within Collier County by regulating its removal; to assist in the control of flooding, soil erosion, dust,heat, air pollution and noise and to maintain property, aesthetic and health values within Collier County; to limit the use of irrigation water in open space areas by promoting the preservation of existing plant com- munities. To limit the removal of existing viable vegetation in advance of the approval of land development plans; to limit the removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not the intent of this division to restrict the mowing of nonprotected vegetation in order to meet the requirements of other sections of this code. Sec. 3.9.3. Applicability: unlawful to remove vegetation. It shall be unlawful for any individual, firm, association,joint venture, partnership, estate, trust, syndicate, fiduciary, corporation, group, or unit of federal, state, county, or municipal government to remove or cause to be removed,vegetation without first obtaining a vegetation removal permit from the development services director except as hereinafter exempted. 3.9.3.1. Except that in accordance with F.S. § 581.187, vegetation removal permits shall not be required for members of either the Seminole Tribe of Florida or the Miccosukee Tribe of Florida Indians, subject to the following conditions. Said permit exemption shall be for the sole purpose of harvesting select vegetation, including but not limited to palm fronds and cypress, for use in chickee hut construction, or for cultural or religious purposes, and tribal member identi- fication and written permission from the property owner must be in possession at the time of vegetation removal. This exemption shall not apply to general land clearing, or to agricultural land clearing, including silviculture. (Ord. No. 94-27, § 3, 5-18-94) Sec. 3.9.4. Application requirements. 3.9.4.1. Other permits required. No vegetation removal permit shall be issued by the development services director until all applicable federal and state,and county approvals as designated by the development services director have been ob- tained. These approvals may include, but are not limited to: Building permits. Special treatment (ST) development permits. *Code references—Environment, ch. 54; natural resources, ch. 90; vegetation, ch. 138. Supp. No. 1 LDC3:126 NATURAL RESOURCES DEPARTMENT • MEMORANDUM TO: Clerk to the Board/Minutes&Records • FROM: Georgina Mausen, Senior Secretary e Natural Resources Department DATE: April 13, 1998 RE: Environmental Policy Technical Advisory Board (EPTAB)Recorded Meeting Minutes I am submitting the following cassette tapes to be filed by your office: 1. One (1) from the 2/26/98 Resource Protection Subcommittee meeting. 2. One (1) from the 3/9/98 Steering Committee meeting. 3. One (1) from the 3/26/98 Resource Protection Subcommittee Meeting. If you have any questions, please call me at 732-2505. gmm cc: EPTAB File ENVIRONMENTAL OLICY TECHNICAL ADVISOF BOARD EPTAB Members: March 30,1998 Attached is a draft of the Budget Review Committee for your review and input at our next meeting, April 13 (Monday). This format is different from last year in several ways: * All environmentally related departments (6) are addressed; not just Natural Resources Department. * In the past we have included suggestions on how to manage a situation. I, as one vote, do not believe we should micro-manage. Each department has managers who are able to manage their business. Our business is to advise. * The BCC has been bombarded with "bad press" this past year and it continues currently. This covers a number of environmental issues that the BCC seems unprepared for. Therefore, the Budget Review has some 20 items that we feel are needed to be addressed, especially in light of the rapid development and growth. * There is a general recommendation that BCC expand the budgets of the environmentally sensitive departments to meet the rapid growth. Remember that some departments, e.g. Natural Resources, have been reduced in the past few years, as population and problems have increased in magnitude and numbers. * In light of the above, the recommendations include references to Camp Kaeis Strand (that the NR committee is working on) in hope that one or more commissioners will ask "What is this all about?" and Ms. Berry and others can say "I seem to recall discussions with EPTAB..." Reviewing and making recommendations on six (6) departments is a major project. It is anticipated that Budget Review will be better next year and have to begin in August. Bill McKinney ENVIRONh ITAL POLICY TECHNICAL A 'ISORY BOARD for Collier County Board of County Commissioners (DRAFT) Collier County Government Center Naples, Fl 34102 March 30,1998 Re: Budget review and recommendations for FY99 relative to the Natural Resources Department and other involved departments. In the past the BCC asked EPTAB to review and advise on the Natural Resources Department (NRD) budget. Last year EPTAB presented seven (7) prioritized items for your consideration. NRD interfaced with all items but, the items fell under four (4) other departments. In keeping with EPTAB charter objectives to "...identify, study, evaluate, and provide technical recommendations to the Board on programs necessary ... for conservation, management, and protection of air, land, water resources and environmental quality and to assist in establishing goals and objectives", we have addressed the budgets of the six (6) departments we have involvement with: * Planning Services * Code Enforcement * Pollution Control * Natural Resources * Solid Waste Management * Stormwater Management EPTAB has chosen to look at the larger environmental picture in an effort to better serve and advise the BCC. These recommendations are presented now as you begin the budget review process for FY99. General Recommendations EPTAB has observed in the past year that numerous activities have evolved, relative to the Growth Management Plan and the environment, that have resulted in considerable BCC time and involvement, and press. These included lawn water restrictions, Army Corps of Engineers' Environmental Impact Study (ACOS-EIS), Pelican Bay NRPA, expansion into rural areas (Twin Eagles) and the issues of water/sewer/environment, the landfill, and other high profile issues. EPTAB has concern that Collier County is growing so fast that the current staff, organization , and budget cannot adequately handle the increasing complexity and numbers of issues that will arise. While the BCC has reduced some of the above listed departments in the past, EPTAB recommends that they be selective expanded over the next three years to better meet the needs of the community and the environment. This should also result in less BCC "hands-on" activity and free them for other areas. 2 It has been expressed by the BCC that they do not want to duplicate efforts funded by, coordinated by, or authorized by other agencies, whether Federal, State or charitable. There has been exhibited in the press and in public conversation over the past year the picture of Collier County not doing enough of the right things environmentally and also working, apparently, counterproductively in these areas. It is recommended that BCC take a more cooperative stand whereby they work with all other groups so they can claim they are a part of the process. In some cases they need to take the initiative but can later default to other groups who take over. In effect, Collier County needs to become the leader in all environmental activities, even if they are not the "closer " of the activity. Examples: * From the FY98 EPTAB budget recommendations there are currently five (5) holdover items that did not amount to much money or increase in manpower: - Stormwater System Inadequacies Remediation (Stormwater Mgmt Dept) 0.5 FTE ($31000) - Watershed Management Plans (NRD) for all major basins 0.2 FTE ($16000) - Green Space/Open Space Plan (Planning Dept) 0.5 FTE ($31000) - Comprehensive Water Conservation Plan (NRD) 0.5 FTE ($31000); Public Education Fund, $5000 (announced 24 March 1998) is a small part. - EPTAB Exotics Report Recommendations Implementation (Code Enforcement Dept)1 FTE ($59200) Only a small part of the report has been implemented and the exotics are growing and spreading. * Clam Bay Natural Resources Protection Area (NRPA) mangrove recovery plan has had to scramble to get a dredging permit for the pass prior to turtle nesting season. The interior dredging is delayed awaiting further studies and permits. Additional mangroves are dying in this high profile community. * Action has been taken to implement the exotic plant removal plan but more is needed. There are huge stands of malaluka along Goodlette beside the upscale Pine Ridge Estates development and along the newly expanded Golden Gate Parkway. One of the characteristics of exotic plants is their ability to grow and expand rapidly. This has to be a very proactive battle if it is to be won. malaluka pollen affects numerous citizens and visitors sensitive to allergies. * Considerable time, energy, and press evolved out of the Twin Eagles PUD controversy. There are specific plans in place which BCC should follow and there is a need to better define these and other ordinances to 3 help the BCC in the future. There seems to be a lack of long range strategies and a short term effort to reinterpret the existing rules. The population growth and the attributable increase in land use will require advanced planning by all departments. As BCC considers restructuring the government, it is recommended that they consider combining all environmentally related departments under one manager, such as Community Development and Environmental Services. This should produce a more unified effort at a lower cost. As the City of Marco relieves the County of obligations, this savings should be given over to environmental issues. Concerns that Impact Management and the Budget * Rapidly increasing population and associated construction - Stagnant and decreasing governmental support * Land development permitting processes * Waste management: stormwater, sewer, solid, hazardous * Changes in stormwater runoff patterns and volume * Increased boating activity - Condition of Naples Bay and estuaries - Need for additional reefs west of Naples * Rapidly growing exotic plants - Increased air pollution * Comprehensive water conservation plan including water flow in natural aquifer plains such as Camp Kaeis Strand * Savings and redistribution of funds from City of Marco formation Needs and Specific Recommendations 1 . Exotic plant removal along right of ways ( Golden Gate Parkway between Goodlett and Airport, and Goodlett above Pine Ridge) and in County owned lands and parks. 2. Increase inspections associated with increased numbers of PUDs 3. Increased marine habitats (reefs) to replace mangrove cutback and die-off, and to serve the boating community. 4. Stormwater flooding and run-off that pollutes Naples Bay and kills mangroves in Pelican Bay and other areas. 5. Habitat Protection Ordinances (HPO); Goal 6, Development Criteria Plan for Rural areas. 6. 1 .0 FTE ($60000) for CREW/ Lake Trafford/ Camp Kaeis Strand NRPA planning and NPO plan development. 7. Exotics PUD Education/ Code Enforcement Officer (1 .3 FTE, $70000) ENVIRONMENTAL )LICY TECHNICAL ADVISOF BOARD EPTAB Members: March 30,1998 Attached is an updated set of EPTAB organizational information for your review, input, and files. Bill McKinney Steering Committee Lii lil COLLIER COUNTY GOVERNMENT L ORGANIZATION CHART l L 1I L..., C ELECTORS L Supervisor of Property Appraiser Board of County Elections Commissioners Abe Skinner Mary Morgan ` Timothy Constantine Tax Collector Timothy Hancock Clerk of CBoard x Pam Mac'Kie Clerk of Board Guy Carlton ,__, Jo C.-NeRes Dwight Brock eti:N,t A wKR y —�u�tr,.4„ti [1.Sheriff Judicial Don Huruer Courts and Judges Country Attorney David Weigel County Manager W}•ilei}•Borti}I -e,S,:j2 r t i 4 A4_ e Assistants to County County Manager Sam Michellecbelle ArnoldArnAssistant County Manager Executive Assistant To County Manager [... _ Mike McNees Ed R Do, ..-� Office of I Management&Budget Office of Utility Office of Office of Public Regulation Franchise Information Mike Smykowski Administration /n� D.E."Bleu” lixda Fasalo, '3,4 Wallace Jean Merritt Acting- ? --1/4.//3 111 I I _ Support Services Community Public Services Public Works Administrator Development& Administrator Administrator Environmental Services Administrator Leo Ochs,Jr. Vince Cautero Tom 011iff Ibuttearaeode Ci) LL.c,- rill_ :r1 rill. ii COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION F; Community Development Services Administration I 1.-j Building Review Housing and Urban Planning and Permitting Improvement Services Department Department Department li Code Natural Pollution Enforcement Resources Control Department Department Department _.L__ TI igi t_ E J ,d _., td Li D-1 i O 0 z 0. 8 5 4 a3 CL O as ILI co en (5 0 . 4 4:( 1 INN INIMM REM MIME= PRIM 11 a' I4 P.M- IN0 o6 IM_ I4 lF- i IN2Ii2<x- 11001111tmumininumil mom a „ iMIMMERNE1MINN 0 r•"11 4 4R.oim0iu-mxam Z 111 > U z 0 4) r..). 4 . - . ....0 D 0- CO 0 C fo 0 Z i= ii o qv C • CC CT- 1- 0 z 0 0 < C.) Z c I ri 4:1( > 1:3 U .4 0 1. u) O 0 , O As 0 •- as CI 7 = . 4 CO 0 4 l U 0 CC 4:2 0 % 0 2 4E4 la- 0 --- E 4 w 5: w cc II cc ✓ 0 0 tfi :Ft *et , M E 0 > 1-- F M E I-, ft) 4) 0 15:r • a_ 4,, , 0 E a> a) ,.1.,' 0 as cd, E IA TC:101-104E. .. m 0 ... _ ..... (1) ..., E E .2 "4 e E 8 E E E > orc75 `gc QI- oroMoM00 .2 e ui. o c) c 47 4.) A, c _ ..._..- - gu, r.,1 I c) 10 ._ os ..- c ,,— ,_ 4) • — D a. z T ;- flj1-2 152 2 E 4 c 11114 • ... — 4-; c ''• '13 73 aj ” u 't D P 4 n3 ± • a E - t . = -0 .E. E 0 .-. a z . > > 2 44 ?6 0 coect 2 M C!) wi -6 1ii 0 k u) I ts 0 'V -0 ' 0144f r. O4 U ‘4 -.I MD e:COUM 011N CI `tt LITO N-1 CO 01 0 1- N CI •41 In t.0 N. COI 0) 0 1-- t nt Lt1 0,7) O 0 Z r-- p...* 4 4 4 rd 4 4 4 4 4 0. 8 . + cc 4 + ... 4 . 4 •• •:. CO 0_ cm O tis W i CO cc — .0. ,. . . 4 4 4 4 0 4. Z 4 CC 0 .... , DJ N D Milljuill Z MIME 11.1 V/ LU Ne < 11 2 1 1 Mil CLEIC" MIIIIMIT111111 1 — • r- CL • .4 • — CC 411 . miltINIMI' _ < 0 r 2 11: 1:-- re IN MI 11 ca, 0:3 LU 0 ."- I cry W LI U. 1-1- iv— ' Z LU a M + a 4 4 ----'-dr Z+ xxxxo+ . 0 q••• .4 ..-- 0 "") C C '5 ;41;t $ 1:t" i--'.'- 0 0 2_ LI w 4 •4 4 , 4 2 4 r 4 0 '"•"'" f,.,u In+ U.. °I w "±" co 0 0 o _ 1-, O — al . . .:. . 0 ......___. H + 4 0 0 CLI > ....-,.. I 4) 1.1.1 T.- 2 t cri 2 L.1 0 cis z ____ 4(.6 + ,. + 4 0 0_ 5 0 _.. z 5 W & 11 0 : as 0 a I- - 4 4 .... 0 Z 4 4 0 C ti 4 '... MI LU , E -5 co ii a v U c 13: Ifi Z al CC 0 ,,:t 03 Of3 2W V/ 0 o 11 as Vs `1 Cr 0 T.; as 13 2 a m , $, 7,2,6 co 144 ilL D 4:. .5 .5 u 41 . it. g <0 44 g CL E ili S 1— C.1 oi 6 M - 4.0 C L.-. I— 0 U-I •- ill r< CC E '4' ct Z U 2 t he -----'—'i— W•----12 0 " 5 c.i.. 1.1), . 0 E D 2 0 0 0) E 2 Z -0 O 0 1:7 +10 tqi C 6 > < 4k„ ...... V) -0 0 0 412 c*S til 145 .1), 4 c 412 < 0 LS t' (2C 5 LI 6 2 0 < co to N. co 0 t I-1 N CI mr X) LI:o 1 N- 0 a'S 0 r- N V) igt1 Lr) to 1 r, co cy$ 0 r- N I gt LD LI) r••-1 0 CIA 0 c.1 VI C*) 71 A •ct Tr vt vt nr xt Nt ct vr Lr) in n n Lr> n In n in LI, LI) Lcs cts 410 t.1) LO CO 60 t.r) u:s N ..-- ..--.., N)r, > O 0 o Z 21 1 ..... I— ., 0 ......... u_. .. , 3,k a_ 8 O 1 . 4 I 0 4 4 3 CL 4 4 O al 1.1.1 cn . 4 0 4 .4 4 4 I— D EM< III MIIIIMINIIIIIINI RI IR= 1111,, 1 ,,111111E1111111110 H MI III E. 3k. .,i.k 1 - I I 11. 11. till; . ; ; 1 Emmoul 1 I I, ii, miummi 1 a3 in at LU • a IL. Mr• L.> 44 iii 4 4 4 4 4 4 4 ..... 1,,,E . 4 + 4 1 O 111 t71 fri cn 0 O a) . 34' . 4 4 4 0 co Tr) (I) 2 2 oi ccs Z 4 4 ''. + CL 0.. C) I— C ci... I_t. .(;,.,,.. 0 o w 0 4 to io I 4 0: .+ ti--) 4:1( 0 HL 4D C to I c S 0 2 L,....= E IP „c .._ ,,, A5 0$ ,Ir 4 # C v3 c 5 it as . all — 0 46 C Co ii 0 0 S 0 •• :— L. > C C a 13) '-' Crx sr. :f 5 03 w 4) 0 cn W as •Fs. a. c c g, a ircs g ,-5u 7 c 0 c fs cc t' to tr- . •cz U) Uri 2 -3 g 0 ou .tit, tt 6 • .... 0 u) toE .<-3g tot I D' k 17; 1' 4"/ E -8 ;i. • 0 cs. v U t 13 0 t4.46,1< W 5 -a (a --. 0 czi 0.. cc co _s 0 >.0- M 2 0C — k I:..u. TA :If cc • 2 1%; > 0 c ° •-•.i Cr jx° 0 INJ 7,3- ° 1— 0 to _ .5 a. Lt 4 & IC1C- 1 fa Ti gT) CI I,t Is' CI I— Co a_ = kzzi cr) w U <i e3 0 Er) tr1 In w 0 r- N rl VI u-s u:s N- Cs 01 011N CI V in Lo f", CO Mil 0 r- N CI Tri In 'al i-- col al l'-' Nr ". oovoo N. rN. rN. N. r`.. N. N. N. N. a) a) co co cc] I= MI cO aD ::C3 CP CA CP Cr) tn c:n Cn in Cn CP .....„ ....--, t\0 . . n',.. SUMMARY OF ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD (EPTAB) CHARTER OBJECTIVES * Identify, study, evaluate, and provide technical recommendations to the board (of Commissioners of Collier County) on programs necessary for . . . conservation, management, protection of air, land, water resources and environmental quality * Assist in: establishing goals and objectives : developing and revising rules, ordinances, regulations, programs : implementation and development of growth management : identifying and recommending solutions to existing and future environmental issues * Technical advisory committee to County environmental resources management program * Provide for public comment OTHER EPTAB is reviewed every 4 years for major accomplishments. The last audit was filed march, 1998 . An annual review of all accomplishments should be compiled and filed with BCC. COLLIER COUNTY DEPARTMENTS COVERED BY EPTAB 1, Community Development Services : Vincent Cautero, _____--- AGomn . . r - Planning Services Dept: Robert Mulhere, Director - Code Enforcement Dept: Michelle Arnold, Acting Dir. - Pollution Control Dept: George Yilmaz, Director - Natural Resources Dept: William Lorenz, Director Other Departments: - Solid Waste Mgmt Dept: David Russell, Director - Stormwater Mgmt Dept: John Boldt, Director EPTAB COMMITTEE ASS- 'MENTS March 1998 GENERAL CHAIR: Brad Cornell VICE-CHAIR: Mike Simonik STEERING Bill Mc Kinney, Chair Allen Kratz Mike Delate Brad Cornell Mike Simonik GROWTH MANAGEMENT Mike Delate, Chair Brad Cornell Jan Stevens Steven Bigalow Ty Agoston RESOURCE PROTECTION Mike Simonik, Chair Brad Cornell Maureen McCarthy Brenda Fogel Monty Robinson Bill Mc Kinney SPECIAL PROJECTS BUDGET : Bill McKinney, Chair Brad Cornell Mike Simonik EPTAB Review: Brad Cornell, Chair Bill McKinney Allen Kratz Mike Simonik Natural Resources Dept (assigned liaison) Staff Liason : Bill Lorenz, Director Secretary : Georgina Mausen Environmental Policy Technical Advisory Board E PTB) Steering Resource Growth Special Protection Management Project - PLANNING - NRPA - EIS - BUDGET - Meeting - HPO - Rural - Review Structure - Organiza- - CWA - Work- tion shops - Scheduling - Exotics - EAR - Protocol - Water Quality - Open/Green Space - Liaison - Air Quality - Land Use - Coastal Zone MP - GMP - Watershed - LDC - Stormwater Mgmt - Habitat Incentives Dept Liaison - Demographics - Clustering Monitoring Amendments - Code Enforcement - Solid Waste Mgmt Dept Liaison Dept Liaison - Pollution Control - Planning Services Dept Liaison Dept Liaison - Natural Resources Dept Liaison 1/94' ENVIROMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: March 9, 1998 PLACE: Collier County Government Complex Health and Community Services Building 2nd Floor, Room 216 TIME: 4:00 p.m. I. CALL MEETING TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES - February 9, 1998 IV. ANNOUNCEMENTS V. OLD BUSINESS a. Program Presentation - Stormwater Management b. Annual Report VI. STANDING COMMITTEES A. COMMITTEE REPORTS (1) Steering Committee - Bill McKinney (2) Resource Committee - Mike Simonik (3) Growth Management -Mike Delate B. SPECIAL PROJECT COMMITTEE REPORTS (1) NRD Budget - Bill McKinney VII. NEW BUSINESS a. Land Planning in the Rural Area •b S b. Growth Management Planning c. Landfill Siting (2( p ,', 4- VIII. PUBLIC COMMENT Ci its 2-9 IX. ADJOURNMENT f'�( G ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD SIGN IN SHEET MARCH 9, 1998 EPTAB MEMBERS / 161".4 /i�` Ilu______, Maureen Ty Agoston rMcCarthyy Steven Bigelow !P.'. %, t Bill McKinney ai'" Bradley Cornell __.„.4„. Monty Robinson `ee i Mike Delate 0._��:�.�, Michael Simonik (--�� "'--" Brenda C. Fogel (!/LL / Jan M. Stevens C n--1— Allen Kratz _ ,n4A0 Staff Members Name Department > ----NC\ t., ,,,,) 1 C. '.c-AAcc. R-F.i�-o-kA^<},-- 1l, Lo-n_6 tJ AA-7 igeLt_ 1� i .b-e.i_i--- , ,, (y 77„ C / , gs c7, . f]//a ) '.! LRJ,c 7(?O Public Name Minutes (yes/no) Address Phone No. Ct mcLit 1t6- t'Ay ?30 I C e 'is/ ikki4s 34 1 I(A. 3s-3--0"iY ' DRAFT: 3/09/98 APPROVED: 4/13/98 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD MARCH 9, 1998 MINUTES PRESENT: Ty Agoston Maureen McCarthy Monty Robinson Steven Bigelow Bill McKinney Mike Simonik Brenda Fogel EXCUSED ABSENCE: Brad Cornell Mike Delate Allen Kratz ABSENT: Jan Stevens STAFF: Bill Lorenz (NRD) Georgina Mausen(NRD) Gail Gibson John Boldt (Stormwater) (Pollution Control) PUBLIC: Cindy Hackney Brian Marsh Nicole Ryan (Conservancy) (Conservancy) I. Meeting called to order. II. Roll call. III. Approval of meeting minutes -February 9, 1998: Approved 7:0. IV. ANNOUNCEMENTS Steve Bigelow announced that he would like to be excused from the discussion on the Landfill Siting, Item C under New Business and submitted a letter addressed to Brad Cornell stating such. Bill Lorenz reported that he received a memo from Ted Brown, who is the project manager for the Clam Bay Restoration Project. Mr. Brown indicated that FDEP has certified the application as complete. FDEP expects to have the permit issued before the end of April. A copy of the March 5, 1998 memo from Ted Brown was distributed to all EPTAB members. EPTAB Minutes Cont. 3/9/98 Page 2 Mike Simonik gave an overview of the Preservation 2000 discussion that took place at the Conservancy's Eye on the Issues meeting today. Steve Bigelow reported that Commissioner Constantine is asking for volunteers to serve on the Greenspace Citizens Advisory Committee. Anyone interested should contact Commissioner Constantine. Bill Lorenz announced that tomorrow, 3/10/98,the BCC will be making recommendations for its representatives for the Army Corps EIS study for the membership for the Alternative Development Group. Mike Simonik announced that the Scope of the EIS is going to be announced on March 18th by the ACOE at the Southwest Issues Group of the Governors Commission. V. OLD BUSINESS a. Program Presentation- Stormwater Management: John Boldt gave an overview of the County's role in stormwater management and water resources. A handout was provided to EPTAB members. b. Annual Report-Mike Simonik asked for a motion to approve the annual report so that it could be sent through the proper channels to reach the BCC. Each EPTAB member received a copy of the report prior to the meeting. Maureen McCarthy made a motion to approve the annual report. Bill McKinney seconded, but expressed some concern about the wording of the report in certain areas. Mike Simonik offered some other wording and a motion to approve the report with these changes passed 7:0. VI. STANDING COMMITTEES A. COMMITTEE REPORTS (1) Steering Committee -Bill McKinney: The Conservancy has been approved by the BCC to act as an advisor on the clustering amendment EPTAB Minutes Cont. 3/9/98 Page 3 issues. This will be assigned to the Growth Management Committee along with population density issues. The next Steering Committee meeting is scheduled for April 13th at 3:30 p.m. in Room 216 on the 211d floor. (2) Resource Protection-Mike Simonik: He was hoping to have Barbara Berry at the February 26th meeting, but she could not attend. Mike Simonik represented EPTAB and went to her to discuss EPTAB's proposal to adopt Camp Keais Strand as a NRPA. Commissioner Berry expressed an interest in getting together with Bill Lorenz to learn more about Camp Keais Strand to better understand its importance. The committee also met with Ellen Lindblad from CREW Trust a couple of months ago, and then Tony Polizos from the Natural Resources Conservation Service because he had been working with the Ag. owners. A Tentative meeting with Chip Miriam from the Water Management District and Ellen Lindblad has been set up for March 26th at 2:00 p.m. (subcommittee Meeting)to get their input on Camp Keais Strand because they work with the Ag. Owners. The next Resource Protection meeting is scheduled for March 26th at 2:00 p.m. in Room C on the third floor. (3) Growth Management - Mike Delate: Due to Mike's absence, no report was given. There was no Growth Management meeting scheduled at this time. B. SPECIAL PROJECTS COMMITTEE REPORTS (1) NRD Budget-Bill McKinney: No report given. There was no NRD Budget meeting scheduled at this time. EPTAB Minutes Cont. 3/9/98 Page 4 VII. NEW BUSINESS a. Land Planning in the Rural Area-Mike Simonik gave an overview on this issue. b. Growth Management Planning -Bill Lorenz reported that he met with DCA and they indicated that they did not see that we have properly addressed wetlands protection. In the next couple of weeks,Bill Lorenz will need to put together a position paper for how the Growth Management Plan meets the 9J5 criteria. The week of March 23rd is when DCA indicated that they might be available to discuss this particular item. c. Landfill Siting-Mike Simonik reported that this item is coming before the BCC March 24th. VIII. PUBLIC COMMENT IX. ADJOURNMENT - Meeting ended at 5:16 p.m. The next EPTAB meeting is scheduled for 4/13/98 at 4:00 p.m. SUMMARY OF ACTION EPTAB MEETING 3/9/98 MOTIONS (1) Maureen McCarthy made a motion to approve the annual PASSED 7:0 report with changes. ACTION ITEMS SCHEDULED MEETINGS (1) EPTAB - April 13, 1998 at 4:00 p.m., Room 216 (2) Steering Committee - April 13, 1998 at 3:30 p.m., Room 216 (3) Resource Protection Committee -March 26, 1998 at 2:00 p.m., Room C (4) Growth Management - No meeting scheduled (5) NRD Budget -No meeting scheduled wqlhi ......_ 1W COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL HEALTH/COMMUNITY SERVICES BLDG. SERVICES DIVISION 3301 E. TAMIAMI TRAIL NAPLES,FL 34112 Building Review and Permitting (941)643-8400 Code Enforcement (941)643-8440 Housing and Urban Improvement (941)643-8330 A CERTIFIED BLUE CHIP COMMUNITY Natural Resources (941)732-2505 Planning Services (941)643-8300 February 27, 1998 Pollution Control (941)732-2502 Mr. Tibor(Ty) Agoston 360 - 10th Avenue N.W. Naples, Florida 34120 RE: Environmental Policy Technical Advisory Board Dear Mr. Agoston: I'd like to take this time to welcome you to EPTAB. As a member, you will help advise and assist the County in the development and implementation of the County Environmental Resources Management Program. Enclosed are the applicable sections of the County Code that provide for EPTAB's authority and purpose. I have also enclosed a copy of a 1995 memo from the County Attorney's Office that addresses the Sunshine Law. A list of the current EPTAB members is also provided for your convenience. The next EPTAB meeting is scheduled for March 9, 1998 at 4:00 p.m. in Room 216 on the second floor of the Health and Community Services Building. An agenda package for that meeting is attached. If you have any questions along the way, please feel free to contact me at 732-2505. Sincerely, *,......e, ,2ci., . , / William D. Lorenz Jr., P.E., Director Natural Resources Department Attachments cc: EPTAB File �,,pJ 0 3301 East Tamiami Trail • Naples, Florida 34112-4977 v',goardo/Fciegels, Foie„ra, Fomme:iieMePi " F t s John C. Norris (941)774-8097 • Fax(941)774-3602 n District 1 t;Q, Timothy L. Hancock,AICP District 2 / / 1 � Timothy J. Constantine fr District 3 February 25, 1998 -� 16 /� Pamela S.Mac'Kie ��%^�"'''" District 4 /ti�'1v Barbara B.Berry �'1�A /l �J� District 5 /� ' Mr. Tibor(Ty) Agoston 414R"1( 998 360 10th Avenue, N.W. ptp S Naples, FL 34120 '�0,j4-4,7RCFS Subject: Environmental Policy Technical Advisory Board Dear Mr. Agoston: While convened in regular session on February 24, 1998, the Board of County Commissioners voted to appoint you as a regular member on the above-referenced advisory committee. Your appointment will expire on September 30,2001, or at such time as the Board re-appoints you or appoints your successor. As with any advisory group, the primary purpose is to assist and advise the Board of County Commissioners. By law, however, the ultimate decisions rest with the Commission. At times, the Commission's decisions may not reflect the recommendation of the advisory group because many facts must be taken into consideration. By copy of this letter, we are requesting William D. Lorenz, Jr., Environmental Services Director, to provide you with any additional information you will need as a member of this committee. On behalf of the Board of County Commissioners, I wish to extend our appreciation to you for your willingness to serve the residents of Collier County as a member of this advisory board. Very truly yours, • gi Barba a B. Berry, Chairman Commissioner, District 5 BBB:sf cc: William D. Lorenz, Jr., Environmental Services Director NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: Clerk to the Board/Minutes&Records FROM: Georgina Mausen, Senior Secretary cb Natural Resources Department DATE: February 25, 1998 RE: Environmental Policy Technical Advisory Board (EPTAB)Recorded Meeting Minutes I am submitting the following cassette tapes to be filed by your office: 1. One (1)from the 2/9/98 Steering Committee meeting. 2. Two (2) from the 2/9/98 EPTAB meeting. If you have any questions, please call me at 732-2505. • gmm cc: EPTAB File NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: EPTAB Members FROM: William D. Lorenz, Ir., P.E., Director DATE: February 23, 1998 RE: Department Presentations Please be aware that I have been able to schedule the following staff presentations for the next four EPTAB meetings: 1. March 9; Stormwater Management 2. April 13; Planning Services 3. May 11; Code Enforcement 4. June 8; Pollution Control Representatives from each department will make a 10-15 minute presentation and be available for questions. I will schedule these under Old Business so that the presentation can begin at 4:00 p.m. cc: Michelle Arnold, Acting Code Enforcement Director John Boldt, Stormwater Management Director Bob Mulhere, Planning Services Director George Yilmaz, Pollution Control Director EPTAB File NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: Clerk to the Board/Minutes &Records FROM:jerGeorgina Mausen, Senior Secretary Natural Resources Department DATE: February 11, 1998 RE: Environmental Policy Technical Advisory Board (EPTAB)Recorded Meeting Minutes I am submitting the following cassette tapes to be filed by your office: 1. One (1) from the 2/5/98 Growth Management Planning Subcommittee meeting. 2. One (1) from the 2/5/98 Resource Protection Subcommittee meeting. 3. One(1) from the 2/5/98 Natural Resources Department (NRD)Budget Subcommittee meeting. If you have any questions, please call me at 732-2505. gmm cc: EPTAB File NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: Sue Filson, Administrative Assistant to the BCC FROM: William D. Lorenz, Jr., P.E., Director DATE: February 10, 1998 RE: EPTAB Membership Recommendation On February 9, 1998, EPTAB considered the resume of Ty Agoston and voted unanimously (8:0)to readvertise the vacancy and consider Mr. Agoston's application with any future applicants after this advertisement period. If the BCC appoints Mr. Agoston to EPTAB, then his"area of expertise" as provided for in EPTAB's attached membership criteria would be"other representative area" deemed appropriate by the BCC. Attachment cc: Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services EPTAB File • ENVIRONMENT § 54-28 ARTICLE II.ENV]RONMENTAL POLICY TECHNICAL ADVISORY BOARD* Sec. 54-28. Membership. ' (a) The environmental policy technical advi- After the initial term of appointment, each ap- sory board shall be composed of 11 members who pointment or reappointment snarl be for a term of shall be appointediby and serve at the pleasure of four years.All terms of office shall expire on Sep- the board.Appointment to the advisory board shall tember 30. Terms of office.shall be limited to two be by resolution of the board and shall set forth consecutive terms unless waived by the board by the date of appointment and the term of office. a unanimous vote.A member may be reappointed (b) Vacancies on the advisory board shall be by the board for only one successive term and shall apply with other applicants.Terms shall be stag- publicized in a publication of general circulation gered so that no more than a minority of such within the county, and vacancy notices shall be members' appointments will expire in any one posted in the county libraries and county court- house. Along with the applicant responses the year. board's staff shall provide the board with a list (fl For the full term of the initial appointments, outlining the qualifications and demographic back the three members serving until September 30, ground of each candidate, including the.present 1994 and the two members serving until Sep- members seeking reappointment_ tember 30, 1995 shall have demonstrated exper- tise in biology(including any of the subdisciplines (c) Members shall be permanent residents and such as botany,ecology,zoology,etc.)and/or wild- • electors of the county and should be reputable and life management. After the expiration of these active in community service. initial terms of appointment, the vacancies may be filled by members demonstrating expertise in (d) The primary consideration in appointing the any of the abovementioned areas related to envi- advisory board members shall be to provide the ronmental protection and natural resources man- board with technical expertise necessary to effec- agement. tively accomplish the advisory board's purpose. Membersshall demonstrate evidence of expertise, (g) Any member of the advisory board may be m:one•or:_more of-the Allowing areas related:to:3 removed from office by a majority vote of the board. tom:._-environmental--protection-and natural-resources- (h) Members shall be automatically removed if e4management: air quality, biology (including any they are absent from two consecutive meetings of the subdisciplines such as a botany, ecology, ; without a satisfactory excuse or if they are absent zoology, etc.), coastal processes, estuarine pro- ' from more than one-fourth of the meetings in a cesses,hazardous waste,hydrogeology,hydrology, given fiscal year. Members shall be deemed ab- hydraulics, land use law, land use planning, pol- I sent from a meeting when they are not present lution control, solid waste, stormwater manage- during at least 75 percent of the meeting. ment, water resources, wildlife management, or I (Ord. No. 91-26, § 3; Ord. No. 91 § 1) other representative representative.areas.deemed appropriate by -the`board such as, but not limited to, a represen- tative of the development community. (e) The initial terms of office of the members of the advisory board shall be as follows: (1) Three members will serve until September 30, 1992; • (2) Three members will serve until September 30, 1993; (3) Three members will serve until September 30, 1994; (4) Two members will serve until September 30, 1995. ENVIROMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: February 9, 1998 PLACE: Collier County Government Complex Health and Community Services Building 2nd Floor, Room 216 TIME: 4:00 p.m. I. CALL MEETING TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES - January 12, 1998 IV. ANNOUNCEMENTS V. OLD BUSINESS a. Annual Report VI. STANDING COMMITTEES A. COMMITTEE REPORTS (1) Steering Committee - Bill McKinney (2) Resource Committee - Mike Simonik (3) Growth Management - Mike Delate B. SPECIAL PROJECT COMMITTEE REPORTS (1) NRD Budget - Bill McKinney VII. NEW BUSINESS a. Area of Critical State Concern b. Miller Boulevard c. Membership Application ' Cjar3„,„ 4 —7 e , 30 VIII. PUBLIC COMMENT /S-4) IX. ADJOURNMENT ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD SIGN IN SHEET FEBRUARY 9, 1998 EPTAB MEMBERS Steven Bigelow Maureen McCarthy Bradley Cornell 9 7`0 Bill McKinney L P7/ Mike Delate Monty Robinson Brenda C. Fogel /s/ Michael Simonik "7,3 '� Allen Kratz f/ _r Jan M. Stevens Staff Members Name Department c� Ch /�� Se?,vec c5 S ST (7-261 1)50/4e/la 4 v at/, ,/ Public Name Minutes ye /no) Address Phone No. � �(Csl- Aten-S C - 2 Auc . No2_ W1�r'i�h ) ‘56( CF�earrI /56,- 5V/0z.. *9/-44' 51 DRAFT: 2/09/98 APPROVED: 3/09/98 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD FEBRUARY 9, 1998 MINUTES PRESENT: Steven Bigelow Allen Kratz Monty Robinson Mike Delate Maureen McCarthy Mike Simonik Brenda Fogel Bill McKinney EXCUSED ABSENCE: Brad Cornell ABSENT: Jan Stevens STAFF: Vince Cautero Bill Lorenz Georgina Mausen Gail Gibson PUBLIC: Eric Staats (NDN) Elaine Marieb I. Meeting called to order. II. Roll call. III. Approval of meeting minutes - January 12, 1998: Approved 7:0. IV. ANNOUNCEMENTS Mike Simonik announced that Dr. Jon Staiger from the City of Naples will be talking about the Naples Bay Study on 2/19/98 at the Conservancy. Bill Lorenz noted that building security will be enforced after 5:00 p.m. V. OLD BUSINESS a. Annual Report - Mike Simonik reported that the EPTAB Evaluation Subcommittee met on January 5, 1998 to put together the annual report. Brad Cornell has all the notes from that meeting and is writing up a report to give to Bill Lorenz. EPTAB will then get to see a copy of it before the next meeting for a vote by the membership. EPTAB Minutes Cont. 2/9/98 Page 2 Bill Lorenz will call Brad Cornell to follow up on the report. VI. STANDING COMMITTEES A. COMMITTEE REPORTS (1) Steering Committee - Bill McKinney: Met at 3:30 today and discussed the article in the newspaper about the EPTAB membership applicant. Bill McKinney commented that the members should be aware to not give the impression that something has happened by vote with the whole committee when, in fact, it has not occurred. Bill McKinney's perception of the article was that Brad implied that EPTAB had voted on the matter. Steve Bigelow made a motion that the Chairman and members of EPTAB not speak on the behalf of the committee until such time as the committee has had the opportunity to fully discuss and vote on the issue. Motion passed 6:2. The next Steering Committee meeting is scheduled for March 9th at 3:30 p.m. in Room 216 on the 2" floor. (2) Resource Protection - Mike Simonik: Committee met on February 5th and discussed putting the Camp Keais Strand of CREW area through the NRPA process. A handout was provided for this topic and was discussed. EPTAB supports taking Camp Keais through the process. Mike Simonik will invite Barbara Berry to attend the next subcommmittee meeting. The next Resource Protection meeting is scheduled for February 26th at 4:00 p.m. in Room C on the third floor. (3) Growth Management - Mike Delate: Met on February 5th and discussed 5 different topics: 1. Area of Critical State Concern (ACSC) 2. Miller Blvd. 3. Clustering Amendments 4. GMP 5. USACOE Environmental Impact Statement (EIS). The subcommittee noted that no further activity is needed regarding the ACSC and Miller Boulevard until the issues come before the BCC. EPTAB Minutes Cont. 2/9/98 Page 3 EPTAB discussed letter Mike Delate wrote for Brad Cornell's signature addressed to Commissioner Berry regarding the EIS for Southwest Florida. Mike Delate made a motion to have Brad Cornell sign the letter. Motion passed 7:1. There was no Growth Management meeting scheduled at this time. B. SPECIAL PROJECTS COMMITTEE REPORTS (1) NRD Budget - Bill McKinney: Met on February 5th and started the budget review. The committee decided to come up with more budgetary items to be a guidance to the Natural Resources Department, rather than how to manage it. The Budget Committee wanted to get volunteers to take a packet from last year's budget and talk to the Department Directors for their input. Steve Bigelow volunteered to work on the Solid Waste and Stormwater Management departments. Vince Cautero attended the meeting to expand more about the concept of trying to go beyond the Natural Resources Department, soliciting input on both budgetary matters and program development. At the request of Bill McKinney, Vince will have a staff member from one of his departments come to the March EPTAB meeting to discuss related issues. A different department will have a staff member attend the meetings each month. The next NRD Budget meeting is set for February 26`h at 3:00 in Room C. VII. NEW BUSINESS a. Area of Critical State Concern - Mike Delate covered this item under the Growth Management Report. No further effort is needed until the issue comes before the BCC. b. Miller Boulevard - Mike Delate covered this item under the Growth Management Report. No further effort is needed until the issue comes before the BCC. EPTAB Minutes Cont. 2/9/98 Page 4 c. Membership Application - Mike Simonik stated that only one application was received for the vacancy on the EPTAB board by Ty Agoston and EPTAB needs to send a recommendation to the BCC on this. After some discussion, Maureen McCarthy made a motion that EPTAB recommend that the BCC not approve Ty Agoston to serve on EPTAB. Motion failed 4:4. Bill McKinney made a motion to vote on accepting Ty Agoston to be a member of EPTAB. Motion failed 4:4. Maureen McCarthy made a motion that EPTAB request that the BCC reopen the process, leaving Mr. Agoston in, but extend the process so that other candidates can apply for the position. Motion passed 8:0. VIII. PUBLIC COMMENT IX. ADJOURNMENT - Meeting ended at 6:00 p.m. The next EPTAB meeting is scheduled for 3/9/98 at 4:00 p.m. SUMMARY OF ACTION EPTAB MEETING 2/9/98 MOTIONS (1) Steve Bigelow made a motion that the Chairman and PASSED 6:2 members of EPTAB not speak on the behalf of the committee until such time as the committee has had the opportunity to fully discuss and vote on the issue. (2) Mike Delate made a motion to have Brad Cornell sign PASSED 7:1 the letter addressed to Commissioner Berry regarding the EIS for Southwest Florida. (3) Maureen McCarthy made a motion that EPTAB FAILED 4:4 recommend that the BCC not approve Ty Agoston to serve on EPTAB. (4) Bill McKinney made a motion to vote on accepting FAILED 4:4 Ty Agoston to be a member of EPTAB. (5) Maureen McCarthy made a motion that EPTAB request PASSED 8:0 that the BCC reopen the process, leaving Mr. Agoston in, but extend the process so that other candidates can apply for the position. ACTION ITEMS (1) Bill Lorenz will call Brad Cornell to follow up on the annual report. (2) Brad Cornell will sign the EIS letter and send it to Chairman Barbara Berry. SCHEDULED MEETINGS (1) EPTAB - March 9, 1998 at 4:00 p.m., Room 216 (2) Steering Committee - March 9, 1998 at 3:30 p.m., Room 216 (3) Resource Protection Committee - February 26, 1998 at 4:00 p.m., Room C (4) Growth Management - No meeting scheduled (5) NRD Budget - February 26, 1998 at 3:00, Room C , - tt Cot, -"It - Irlo\, d (IA ) ,e, ir4 ''? *44 Itii 4� FACT SHEETS 12/16/96 To Whom It May Concern: To assist you in dealing with the public, the following is a "Brief" summary of the types of activities the Stormwater Management Dept./Aquatic Plant Control Section is and is not involved with: Is involved with: 1- Aquatic plant control in the County's "secondary" drainage system; 2- Operation and maintenance of water level control structures on "secondary" systems and stormwater pumping stations at Victoria Park, Forest Lakes and Hawksridge projects; 3- Capital improvements to drainage channels in County's stormwater disposal system; 4- Freshwater environments; 5- Regional stormwater runoff, drainage or flooding problems; Is not involved with: 1- Aquatic plant control in County's larger "primary" drainage system (Big Cypress Basin/S.F.W.M.D. 597-1505) ; 2- Operation and maintenance of water level control structures on larger "primary" systems; 3- Activities in tidal water situations; 4- Driveway culverts, roadside ditches or swales located within roadway easements (Transportation Department 774-8925) ; 5- Failures and cave ins on buried storm drain/sewers located within or that serve as drainage outlets for roadways (Transportation Department 774-8925) ; 6- Maintenance of lakes and water management facilities located within private developments (Homeowners or Property Owners Associations) ; 7- Disputes between property owners regarding sideyard or backyard flooding problems (Private matter) ; 8- Fish kills or toxic/hazardous waste spills (Pollution Control Department 732-2502) ; 9- Drinking water supply, water mains, water meters or water bills (Water Department 732-2558) 10- Building permits, lake excavation permits, project site plan reviews (Engineering Review Services 643-8400) ; Stormwater Management Department 732-2501 Doc: 3660 June 24, 1997 J.H. Boldt, P.E., P.S.M. Collier County Stormwater Management Department AUTHORIZED POSITIONS Director - John H. Boldt, P.E., & P.S.M. 1 Coordinator - Bruce W. McNall 1 Senior Secretary - Tessie Sillery 1 Field Supervisor - John V. Marron 1 4 (2) Man Field Crews 8 Senior Equipment Operator 1 Equipment Operator II 2 Total authorized positions 15 MAJOR EQUIPMENT Mobile Dragline Long Reach Excavator All Terrain Excavator Multi-Purpose Tractor Backhoe/Loader Front End Loader D-3 Dozer 2 Airboats w/Spray Apparatus Small ATV Mule w/Spray Apparatus * 4 - Wheel Drive Pickups * 3 equipped for spraying, 6 others for Staff transportation to work sites. PROGRAM BUDGETS (FY 96 -97) Administration/Operations $ 270,800 Aquatic Plant Control $1,095,200 Capital Improvements $2,557,000 Total $3,923,000 Also administer budgets for the following Taxing Districts: Victoria Park Drainage $ 14,000 * Pine Ridge Industrial Park $ 65,000 * Naples Production Park $ 14,000 Hawksridge Pumping Systems $ 10,000 * Naples Park Drainage $ 8,400 * Private Contractors CURRENT ACTIVITIES Planning Phase (Basin Studies) 4 Projects • Gordon River Extension • Harvey Basin • Wiggins Pass • East Naples Redevelopment Area Design/Bidding Phase 17 Projects • Lely Area Stormwater Improvements • Imperial/Landmark/FPL Ditch Enclosure • Sperling Court Storm Drain • Manatee School Outfall Ditch • Suniland Structure Replacement • Wiggins Pass Flowway • Lake Kelly Outfall Ditch • Avalon School Drainage Project • Phase VI County Wide Ditch Clearing Project • Kings Lake Berm/Swale 2 • Coco E & W Gates Sandblasting & Painting • Melody Lane Culvert Replacement • US-41 Outfall Swales • Lely/St. Andrews Berm/Swale Project • Colliers Reserve Dredging Project • Islandwalk/Heritage Green Outfall Ditches • Rookery Lane Drainage Project Construction Phase 3 Projects • Hibiscus/Lely Main Culvert Replacements • SR-29 Culvert Replacements • Haldeman Creek Gates Rehabilitation Doc: JHB-012 3 SENT BY: 3- 9-98 ; 8:47AM ; AKERMAN SENTERFITT-* 941 774 9222;# 2/ 2 interoffice MEMORANDUM to: Hilburn Hillestad, David Tackney, Sam Snedaker, Steve Means, Dorothea Zysko, Robin Lewis, Mac Hatcher, Bill Lorenze, Jim Ward, Susan Watts and Al Varley from; Ted R. Brown subject: Clam Bay Restoration and Management Plan. date: March 5, 1998 I am pleased to announce that the FDEP certified our application "Complete" on February 24, 1 99 8. Under the regulatory protocols, the agency has 90 days to issue or not issue a permit. We are informed they will issue and the goal is to have the Notice of intent to Issue out within the next week to ten days at worst. We are under a 21 day notice period because of the variance request. If this calendar holds, then a permit could be issued before the end of April. The Corps has also indicated its approval of the project and has committed to getting its Notice of Intent to Issue out ASAP. That was supposed to be the 6th, but it now appears that sometime next week is the best that we can hope for. It is a 30 day period, pushing their permit out a little further, but still before the end of April. They will not issue until the state does in any event, so as of now it appears that both Permits are on track. The USFWS continues to oppose the project. They represent the only known threat to this calendar. They could request an elevation, but we do not think they will. I'll keep you posted. We are proceeded with the concurrence of the FDEP and hopefully the Corps to reinstate the dredge permits from 1996 of both agencies and thereby allow the pass to be opened prior to the May 1 start of turtle nesting season. We have been encouraged to take this approach by the FDEP and they have acknowledged the need to do so. Hopefully, it will work. Commissioner Hancock has suggested that the County will pay for this and I have initiated the process to make it happen. I'll keep you abreast of these developments as well. Collier County Recycling and Dis al Facility P.O. Box 990400 3750 Landfill Road A Waste Management Company Naples,Florida 34116-6060-400 941/455-8062•FAX:941/455-0853 March 9, 1998 Mr. Bradley Cornell Chairman Environmental Policy and Technical Advisory Board Collier County Government Center 3301 E. Tamiami Trail Naples, Fl 34102 RE: March 9, 1998 Agenda - EPTAB Dear Brad, I noted under new business that landfill siting is listed. It would be improper for me as a representative of Waste Management to participate in discussions or vote on the siting of a new landfill in Collier County. Please excuse me from this discussion towards the end of our meeting. Siely, Steven H. Bigelow Division Manager cc: Commissioner Barbara Berry - Chairman rV a division of Waste Management Inc. of Florida Bradley Cornell 592-7805 (call firs 03/02/1998 03:57 :22 AM P.2 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD Second Quadrennial Review-- Spring, 1998 ** DRAFT -- DRAFT -- DRAFT *** In compliance with Collier County regulations requiring a quadrennial Board of County Commissioners (BCC)review of the Environmental Policy Technical Advisory Board (EPTAB) in 1998, the following report is submitted by EPTAB chair, Bradley Cornell. SERVING INTENDED PURPOSE AND COMMUNITY NEEDS EPTAB was created under the authority of the BCC to"...advise on the preservation, conservation, protection, management and beneficial use of the physical and biological natural resources.. of the county in regard to the safety, health and general well-being of the public..." and to "...advise and assist the county staff and board toward developing the purpose, intent and criteria of all county ordinances, policies, programs and other initiatives dealing with natural resources." Please refer to the full text of the enabling ordinance (91-26) for more specific delineation of duties. EPTAB also fulfills the requirements of the Growth Management Plan to have an environmental technical advisory committee (Conservation and Coastal Management Element, Policy 1.1.1). By all standards of evaluation, this board is serving its very vital roles both in the technical and policy matters on which it advises the BCC, and also as a public forum for any individuals or groups in our community who have natural resource-based concerns to address. Collier County is one of the most unique areas, environmentally, in the world. It is a very large portion of the western Everglades, with the awe-inspiring array of flora and fauna and wonderfully unique habitats that are associated. It also is characterized and dominated by its broad and diverse wetland systems and flowways over practically the entire county. These systems are in relative functional order now, by comparison with those further east, but the way growth is managed in this county is critical to their long term integrity. This growth management oversight function is the broad mission of EPTAB and is reflected in the specific accomplishments and efforts it has undertaken. EPTAB ACCOMPLISHMENTS The board does most of its work through subcommittees which are presently comprised of: Steering; Growth Management Plan; Resource Protection; and Special Projects (currently, Departmental Budget Reviews) -- please see the attachment on EPTAB organization. Bill Lorenz, Director of the Natural Resources Department serves as the staff liaison, and other staff are also consulted. Major efforts recently have included the following: Resource Protection: • Exotics Report and Ongoing Implementation-researched, wrote and presented. • Water Irrigation and Conservation Ordinance -recommendations and comments. • Comprehensive Water Conservation Plan- ongoing present effort to draft. • Aquifer Recharge Protection Ordinance -recommendations and comments. • Clam Bay NRPA-recommendations and comments. • Wiggins Pass Inlet Management Plan-recommendations and comments. • Big Marco Pass Critical Wildlife Area- recommendations and comments. Bradley Cornell 592-7805 (call firs 03/Q2/1998 03:57 :22 AM P.3 • Manatee Protection Plan-recommendations and comments. • Litter, Weeds and Exotics Ordinance -recommendations and comments. Growth Management: • EAR Report- monitored process and provided recommendations and comments. • Army Corps SW Florida EIS -recommendations and comments. • Land Use Planning/Clustering in Rural and Ag Areas -monitoring. • Habitat Development Standards - coordinated with other advisory boards, evaluating. • PUD Sunset Reviews - evaluated and monitored. Steering: • Work Plans and Priorities - developed annually, updated as necessary. • Structure and Organization - document regularly and help clarify. Departmental Budget Review: • Natural Resource Department Budget Review- done annually, as requested by BCC, starting 1997. • Other Departmental Budget Reviews - pending for current year, as warranted by natural resource involvement. EPTAB Plans Include: • Greenspace/Open Space Planning Issues. • Habitat development standards incentives and improvements. • Watershed/Stormwater Management Issues. • Increasing liaison functions with other departments affecting natural resources. • Rural/Ag Land Use Planning Issues. • Comprehensive Water Conservation Plan OTHER ENTITIES SERVING THE SAME PURPOSES Presently there is no other board which expressly serves the same functions that EPTAB does. The Environmental Advisory Board (EAB) focuses on resultant policies and ordinances that have already gone through EPTAB, as they apply to specific development projects. Thus the two environmental boards complement each other's work. However, it has been suggested on occasion that combining EAB and EPTAB would serve the county more efficiently. While other papers could and have been written on this subject, it is this board's opinion that such a merger would seriously curtail the policy considerations and initiatives which are among the unique functions EPTAB serves. EAB's project review functions would paralyze much of the broader picture examination and advice necessary in any environmental stewardship effort. Both boards efforts are essential and any combination of them would particularly dilute EPTAB's functions as secondary to deadline-oriented development projects. In addition, there are a number of significant, Growth Management Plan required environmental programs which have not been implemented yet, and these are best served by EPTAB. Bradley Cornell 592-7805 (call firs 03/Q2/1998 03:57 :22 AM P.4 If one of the concerns motivating merger is the lack of qualified candidates, then perhaps the application process could be re-examined. For instance, reconsideration of a more liberal reappointment policy could help, as could an improved application process featuring more visible announcements or targeted mailings. Because of the intense interest in the unique resources this county possesses, there are several other private organizations which perform some of the same functions as EPTAB. These groups include the Collier County Audubon Society, the Florida and National Wildlife Federations, and the Conservancy of Southwest Florida among others. While their input is extremely valuable, both to EPTAB and no doubt to the BCC, their perspectives may not always be as impartial as EPTAB's, in some observers' opinions. EPTAB ORDINANCE AMENDMENTS NECESSARY There is one suggested modification to the enabling ordinance which EPTAB has communicated to the BCC previously. In order to address an inconsistency with some other advisory boards' rules on voting, it is suggested that an affirmative vote on EPTAB motions be established by a simple majority of those present, rather than the currently required minimum of six or more, regardless of attendance. No other amendments are suggested. EPTAB MEMBERSHIP REQUIREMENT CHANGES NECESSARY No changes to the current membership requirements are suggested for this review. EPTAB COSTS The costs, both direct and indirect, of maintaining EPTAB are This concludes the 1998 EPTAB Quadrennial Review Report. Please feel free to contact the chair of EPTAB, any of the past minutes, or the staff liaison for more information or with questions. Respectfully submitted, Bradley Cornell Chair, EPTAB attachments: EPTAB enabling ordinance, organizational flow chart and work plan timelines 02/09/98 14:04 $9415976683 PHILHARMONIC CTR fj001 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD do Bradley Cornell - 556 109th Avenue,North Naples,FL 34108 February 9, 1998 Board of Collier County Commissioners Barbara Berry, Chairman 3301 Tamiarni Trail East Naples, FL 34112 RE: Filling the current vacancy on EPTAB Dear Chairman Berry and Commissioners: At our regular meeting on Monday, February 9, 1998, the members of EPTAB voted to recommend you not appoint the sole applicant, Tibor Agoston, to fill the current vacancy on the advisory board. This recommendation is based on his demonstrated qualifications (none) and his previous antagonism toward the mission of EPTAB. We stress that difference of opinion is encouraged on the board(even written into the enabling ordinance), but members must be committed to upholding the Growth Management Plan's tenets on environmental protection. I received two calls last week from individuals interested in the vacancy, one of whom is a biologist. Therefore,we respectfully ask that the application process be reopened to hopefully field more such qualified candidates. Thank you for your consideration of our recommendation. Respectfully submitted, Bradley Co ll Chair ; 1I L Ce f-3 v\s1,_ .1k-4 F=;-) C.):YY\ S /"?-t-P--ArTJ\sfs6' )--/ /v/Q- V _ Conservation Stewardship 6.1!4.,, The King Farm +f • , 5 Thomas Hill Woodstock,Vermont 05091 (802)457-2369 VERMONT (802)457-5132(Fax) LAND TRUST November 14, 1997 Headquarters 8 Bailey Avenue Dear Conservation Professional: Montpelier,VT 05602 (802)223-5234 The enclosed document entitled "Evaluating Landowner Satisfaction with Conservation Restrictions" summarizes the findings of Northeast Kingdom Paul Elconiri s master's thesis. The work represents one of the first P.O.Box 625 attempts to empirically evaluate landowner reactions to the conservation Hardwick,VT 05843 p p y (802)472-3208 restrictions on their land and to the entity which holds their restrictions. Landowners from 4 land trusts and 1 state agency in 3 states were mailed questionnaires. The study population was 443 original grantors and 198 Champlain idlleti successive landowners; the overall response rate was 62%. P.O.Box 850 Richmond,VT 05477 (802)434-3079 The document contains much good news for the landowners and professionals of the land trust community as satisfaction levels generally are high. However, there are some attributes of restrictions, including the Central Vermont landowner-holder relationship, over which landowners expressed 8 Bailey Avenue Montpelier.VT 05602 reservations. (802)223-5234 The report, published with a grant from The Sudbury Foundation, was written and designed to be a non-technical description of the findings Mountain Valley for landowners androfessionals alike. Background information on P.O.Box 246 I� g Weston,VT 05161 restrictions, methodologyand theoryhave been omitted. Should you (802)824-3191 have any questions or comments, please forward them to Paul Elconin. It is our hope that you are able to use these research results to Mettowee Valley P.O.Box 215 enhance your work, to promote the use of conservation restrictions, and to 02))325-3701,vT°5761 (8give landowners more information while theydetermine if restrictions are (802 "right" for them. Please pass the information along, as not all land trust and agency professionals were able to receive copies. Southwest Vermont P.O.Box 331 Yours in Conservation! Manchester.VT 05254 (802)362-0688 J/r ! 1 l Southeast Vernu»u . RD 5.Box 152 ,' Brattleboro.VT 05301 a`Cl Elconin #11'on Bristow, Dir- if (802)257-0233 gb#6 Bullet Hole Road Conservation Stewardship Carmel, NY 10512 Vermont Land Trust pastel@bestweb.net preston@vlt.org Evaluating Landowner Satisfaction with Conservation Restrictions Paul Elconin and Valerie A. Luzadis A Research Project and Publication of the State University of New York College of Environmental Science and Forestry and Vermont Land Trust I4 IP 1111 a .4b4 at at • .1 ,e . .._ __ This research was supported by The State University of New York College of Environ- mental Science and Forestry,and The Edna Bailey Sussman Fund. Preston Bristow and the Vermont Land Trust provided important support,guidance,and technical assistance. Publication of this document was made possible by a grant from The Sudbury Foundation. The authors wish to acknowledge the landowners and personnel of the 5 collaborating organizations whose participation made this research possible,and the many reviewers of surveys during various stages of development including Seth McKee,Charlie Wyman,Sylvia Bates,Rich Hubbard,Tad Ames, Gay Nicholson,and Betsy Darlington. Prestow Bristow deserves special thanks for his collaboration on this document. Finally,Jeri Lynn Smith of the SUNY-ESF Office of News and Publications was responsible for layout,patiently and promply correcting last-minute mistakes and additions. This document is adapted from: Feinberg,Paul B. 1997. An Evaluation Of Landowner Satisfac- tion with Conservation Restrictions. Typed and bound thesis,SUNY-ESP,Syracuse,NY. 92 pp. This summary is targeted to an audience familiar with conservation restrictions,land trusts, and the different populations of landowners surveyed. Therefore,background information has been excluded in order to reduce length. © 1997 State University of New York College of Environmental Science and Forestry and Vermont Land Trust Evaluating Landowner Satisfaction with Conservation Restrictions A Research Project and Publication of the State University of New York College of Environmental Science and Forestry and Vermont Land Trust y Paul Elconin Master of Science and Valerie A. Luzadis Assistant Professor, Forest Policy and Economics SUNY College of Environmental Science and Forestry Syracuse, New York 1997 Summary Conservation restrictions are common land protection tools. They have received much media and legal attention for their ability to protect land from development while it remains in private ownership. Landowners were mailed questionnaires to determine motivations for granting and satisfaction with the restrictions;comparisons were made between original grantors and successive landowners. Results were as follows: • In general,landowners were highly satisfied with their restrictions,and lower satisfaction across some attributes does not detract from overall gratification. Landowners possessed pro-environmental attitudes and saw their conservation restrictions as protecting cherished personal and community resources. • For environmental attitudes,motivations,and satisfactions,there were no significant differences between donors and sellers,or between heirs and buyers. Original grantors and successive landowners though,did have significantly different(p<0.05)satisfactions,with original grantors more satisfied. • Though original grantors were not motivated to grant by tax benefits,some of the lowest levels of satisfaction were observed in tax and financial items. Grantees should stress that certain tax benefits are not guaranteed and depend on a variety of factors,including surrounding real estate values, local development pressures,and the inherently unstandardized and somewhat subjective nature of property appraisals. • Successors were highly satisfied,especially with items concerning how, when,and what they learned of their restrictions;this indicated that they were well aware of the purpose and nature of the restrictions before property acquisition. • The successive landowners were informed about the restrictions and independently educated themselves: 81%read the restriction before they acquired their properties. • Successive landowners viewed their grantees as knowledgeable and helpful. However,they desired more contact with the grantee and would have preferred to have been contacted earlier in the process leading up to property acquisition. It is recommended that grantees cultivate good relationships with current owners,whether they are original grantors or not,with the expectation that the owners will then initiate contact between the grantees and the successors. Grantees should also contact the succes- sive landowners as early as they are identified in order to establish an open,positive relationship. • Important portions of original grantors(19%)and successive landowners (37%)would amend their easements if given the opportunity,though 11% of those desiring changes would strengthen the restrictions in some manner. It is recommended that grantees ensure that landowners,and especially the successors,are informed and understand the purposes and intentions behind the terms of the restrictions. 5 Introduction Conservation restrictions are widely used and frequently Survey Sample and addressed in the literature as excellent tools for land protection. Response Rates There is limited empirical evidence to reinforce and underscore the The study sample was predominantly optimistic views presented in the literature,however, and few researchers have focused on the satisfaction of landowners. developed by contacting organizations and land In addition,over the next two decades,the aging original grantors trusts throughout the (average age approximately 65(Boelhower 1995,Wright 1988))will be Northeast to solicit mailing transferring ownership of thousands of acres of restricted properties lists of landowners with to others who are legally bound to adhere to the pre-existing restric- easements. Thus,the tions. It is important to quantify the dynamics of this relatively new analysis represents a case and growing population of "successive"landowners in order to study of landowners with determine if they feel differently about the restrictions than their restrictions.The study predecessors. population was not de- The purpose of this project was to determine landowner satis- signed to be a representa- faction with conservation restrictions. Specific objectives were to: tive sample of the popula- • Assess original grantors'motivations for granting and their satisfactions tion of interest,so statistical with conservation easements and agricultural preservation restrictions inferences can not be made (APR). to the larger population. • Determine from whom and when successive landowners learned of their Four private non-profits restrictions,and how they relate to them,to provide baseline information and one state agency agreed about this sub-population. to have their landowners surveyed. • Determine the level of successive landowner satisfactions with their Useable question- restrictions. naires equaled 349 for an • Compare satisfaction between original grantors and successive adjusted(for undeliverable landowners. and unuseable question- Two versions of the questionnaire(Appendices)1 were devel- naires)response rate of 62%. oped based on differences between the original grantors and succes- Original grantor return rate sive landowners. Survey implementation was modified from the equaled 69%(N=274 out of Dillman Total Design Method(Dillman 1978,Salant and Dillman 1994) 395),successive landowners which employs a series of 4 mailings to ensure the maximum possible 46%(N=75 out of 164). response rate. Satisfaction of respondents The original research detailed in this volume provides a quanti- and non-respondents did tative look at how easements are working for landowners. A portrait not differ significantly. of how landowners perceived the restrictions on their lands was The low response rate developed that will inform professionals as to which attributes of among successive landown- easements yield the lowest and highest levels of satisfaction and how ers was notable,especially these satisfactions differ across demographic groups. Results can be as heirs were only 19%of used to strengthen easement programs and to enhance the relation- useable successive respon- ships between grantors,second generation landowners,and their ' dents. The response rate grantees to ensure that land will remain protected,and that ease- may be explained by the ments will continue to be viable,flexible tools for land conservation relatively lower levels of in the future. satisfaction with grantee items and relatively high numbers of respondents who would change their easements(37%)if given the opportunity. 1 Appendices A and B contain keys to the scale items detailed in the Figures. 6 Terminology: • Conservation Easement or Conservation Restriction: A conservation easement is a"voluntary legal agreement a property owner makes to restrict the type and amount of development that may take place on his or her property (Diehl and Barrett 1988: 5)." The rights may be donated to or purchased by the grantee,and the restric- tion runs with the title when ownership changes. The terms "easement"and"restriction" will be used interchangeably. • Agricultural Preservation Restriction(APR): A conservation restriction specifically targeted for farmland preservation which involves the purchase of the development rights on farms and severe limitations on land uses which are not directly related to agriculture. • Buyers/Purchasers are those landowners who bought their properties,while heirs acquired their land through inheritance. • Original Grantor: The landowner who grants the easement. Sellers are those original grantors who sold their development rights,donors have gifted their easements. • Grantee or Easement Holder: The organization(usually a non-profit,501c3)or agency(State or Federal)which accepts or purchases the easement and is responsible for monitoring and ensuring compliance with the legal terms. • Successive Landowner or Successor(Cunningham 1968): A landowner who acquires—through purchase or inheritance—a previously restricted property. 7 Background The current research base on land trusts,easements,and land- owners is limited. The most relevant studies are those of Wright (1988)and Ochterski(1996). Wright(1988)surveyed farmers who were participants in the State of Connecticut and Commonwealth of Massachusetts Agricultural Preservation Restriction(MAPR)pro- grams which purchase the development rights on agricultural lands. He found a high degree of satisfaction with the program and the farmers'decisions to participate,and concluded that financial motiva- tions for participation were secondary to others such as the perpetua- tion of participants'lifestyles and the retention of their lands. Ochterski(1996)surveyed landowners in Michigan to ascertain their motivations for donating real estate and restrictions to land conservancies. The main factors driving donations were(in order of importance), 1. Personal commitment to the future of the land, 2. Ecological stewardship, 3. Economic concerns. Attributes of a"Personal Commitment"included desires to leave behind both a significant legacy and natural areas for future genera- tions,concern about the actions of subsequent landowners,and personal feelings toward the land. "Ecological Stewardship"included the presence and recognition of rare habitats or species and a desire to protect those resources,while"Economic Concerns"focused on the tax benefits of donations. From Ochterski's(1996)and Wright's(1988)results,it is clear that landowners have developed an intense relationship with their properties which extends far beyond financial considerations. The fact that Ochterski(1996)found economic concerns to be tertiary motivations for donating underscored the intangible benefits accrued from owning and interacting with the land. 8 Results ENVIRONMENTAL ATTITUDES Original grantors and successors have strong personal attach Statistical Analyses ments to the land and an intense stewardship responsibility(Figure 1). The primary statistical Though the land is not perceived as particularly unique ecologically tests were independent (perhaps there are few wetlands or habitats of special concern or samples t-tests to compare importance),they see it as a human community resource. Landown- means,Chi square,and ers however,are less concerned with the more regional impacts of Fisher's Exact tests. The their actions than with their own relationships with their lands. This latter two use frequency last observation is not surprising given the very personal nature of data to test whether the conservation easements and the sentiment to protect the land from responses to two variables both development and the unwanted uses of others. vary independently of one another or are linearly MOTIVATIONS FOR GRANTING associated(Babbie 1990). While Chi square uses Landowners grant easements because of their feelings of per- estimates of expected sonal attachment,stewardship,and community ethics. Granting is a frequencies for cells in a deliberate,rational decision which leads to the protection of cherished contingency table,the physical and emotional resources. More externalized concerns of tax Fisher's Exact test uses the breaks and pressure from family or friends are not primary motiva- actual frequencies(Sokal tions to restrict a piece of land(Figure 2). and Rohlf 1995)and is best There were no significant differences in motivations between used with small sample original grantor heirs and buyers. However,sellers were more"self- sizes(Fowler and Cohen centered"than donors,displaying preferences for the more personal, 1990). or"selfish",items over those more altruistic and stewardship ori- ented. The sellers,predominantly active farmers,were more con- cerned about maintaining family ownership. They also did not view their actions in the context of the community as readily as did donors, for their levels of agreement with human and natural community items were comparatively lower. Original grantor sellers were also less concerned about protect- Figure 1: Percentages of Combined Original Grantor and Succesive Landowner Original grantors and Scores to Common Environmental Attitude Scale Items successive landowners only differed significantly(Chi 100 square=p<0.05)across two go environmental attitude items ("I am responsible for the 80 future health of my land"and 70 "My land is only one part of 60a. a much larger ecosystem."), w with the significantly(t-test a 50 p<0.05)younger and better 40 educated(Chi square p<0.05) 30 successors indicating more pro-environmental senti- 20 ments(t-test p<0.05). Heirs 10 and purchasers of properties o — ' Ill II mi did not differ significantly across any items or the entire Y - • @ o 0 a scale,while donors and N OV ] o c ._ lii Q 43 w c� N sellers have significant I U w .TD differences across only 2 w items. Is (Very)Strongly Agree(1-2) s Neutral(3-4) o (Very)Strongly Disagree(5-6) 9 Z Figure 2:Original Grantor Motivations by Scale Item 90 Extrinsic(Social and Financial)Items 80 70 60 X50 c X40 d n30 20 0 _ . . II I1 _ I . I mm aoi w E >, Lt 13 `ow Fa d c $0 o E� � y om Zd ami d x x o HS UQ co x°j v 03 mo . p o � E >m o� of H3 cm 22 g m mH V 2 8p o O< a o m u � v . d u 29 0 . ,% �� E 8 0 0 t3 . c d , 6 3 >. 0112 a2 cc 2 v2- a� d0 w d_ dw m z d 3 m m— °r �2 N J J 2 E_ 5 > L C 13- ',2 WWa E les J O E O` > O« ~ of U 2 J a N 2 < c, J E O m w >v J E 3 t o U- a 0 LL 0? L d a w o f H J 3 p o O u`. d D op (Very)Strongly Agree(1-2) go Neutral(3-4) p (Very)Strongly Disagree(5-6) ing land from development;only they,and not donors,wished to change the restrictions to allow for additional buildings and subdivi- Motivations for granting sion of the property,either to provide family housing or augment were found to be primarily existing farm buildings. Two plausible explanations for this desire intrinsic,meaning that motiva- are,first,that sellers have strong intentions to keep the land in the tions came from within individu- family,and presumably,the next generation will continue farming. als to enhance their own feelings And second,the APR virtually guarantees that the land will be used of competence and self-determina- only for agriculture or animal husbandry. tion (Deci 1975). For all items which were extrinsic or normative SUCCESSIVE LANDOWNER DYNAMICS in nature—items which dealt with family,neighbors,and Successive landowners,with a mean age of 52,were significantly financial issues—disagree younger(t-test p<0.05)(mean age of original grantors=66)and owned responses outnumbered agree their properties for significantly less time(8 years versus 27;t-test (Figure 2). This finding confirms p<0.05)than original grantors. Successors were also better educated that of Ochterski(1996),who (Chi square p<0.05),with 93%of respondents having attended college found that extrinsic motivations or graduate school(versus 81%),though incomes of the two types of were secondary and tertiary to landowners did not differ. intrinsic ones. Successive landowners were most often notified of the existence of the easement by the previous landowners and real estate agents, and they were informed in a timely manner: 75%learned of the restriction very early in the process leading up to property acquisition, and another 6%worked with the previous owner during easement drafting. While 81%of successive landowners read the document before acquiring the land,they also relied on variety of individuals for information about the restriction. After the respondents themselves, the grantees were the most helpful,followed by previous owners and the respondents'attorneys. The successive landowners viewed their restrictions positively (Figure 3),as indicated by the majority of respondents who would place an easement on their property if it were not already restricted and who disagreed that they should never have purchased a restricted property. The restrictions made the properties more affordable and many successors would grant an easement if their properties were not 10 Figure 3: Succesive Landowner Easement Relationship Scale Items 80 70 60 50 d 40 c m d 30 a 20 10 I 0 N 'O co '0 N N ca.Ol d > y N N 9- N O W C UON y` Cy Ce r)02 c- 46 aN =„N a_-,T, N a U N' .� 4., f0 y L a l0 m 2'O O 6 N N '�'C (p y y E 7 U Z 2-0 .0 N d O y 'O a a 11 c ... g Ir O W C O U a V W C OO'7 N< U co QNi o Q � °1� Ny UW a,0 oy y2 M8 m� ojc � 0 3Wz 3� LL� w =tr w� 1a 3m 3a 0 ■ (Very)Strongly Agree(1-2) • Neutral(3-4) o (Very)Strongly Disagree(5-6) already restricted. Respondents,however,displayed mixed reactions toward their perceptions of their freedom to use the land as they wished and to whether the restriction made them better land stewards. SATISFACTION Original Grantor The most striking observation(Figure 4)was that,though the allure of potential tax benefits was not a motivation for granting,the levels of satisfaction for tax and financially related items were the lowest. Landowners were expecting to see their taxes reduced and were disappointed by the results;several commented that tax officials were ignorant of the landowners'special tax status: My major headache with[conservation restrictions]has been around taxes. First,IRS extensively challenged ludicrously[sic] low value assigned to easement. I won battle but at high cost in time and money. Second,assessors do not assess land in accor- dance with its restricted value...If[conservation restrictions]are to be worth effort,tax authorities must be made more compliant. And disappointment with tax and financial results were shared by both donors and sellers,as responses to these items were not associated with method of granting. Are grantees emphasizing the tax benefits more than is warranted? Are grantors assuming too much? Further,landowners are chagrined at the costs of granting in both money and time. Several respondents expressed dismay in their comments with the costs of the property appraisals and surveys necessary before granting an easement. Some respondents wondered why they had to pay to actually give away something they owned and felt that these costs deter potential grantors: ... I have friends who would be more than willing to donate conservation easements but have told me they will not spend thousands of dollars to give something away. I don't blame them. 11 Finally,lower seller satisfaction across significant items can likely be attributed to the nature of the grantee. All Sellers were associated with one state administered and funded program. Several respondents were dismayed by the perception of too much bureau- cracy and officials who seemed to be inordinately influenced by "politics". Others expressed fears that different administrations would have different interpretations of the restrictions and permitted All the items with land uses,resulting in more(regulatory)oversight and less autonomy. reduced satisfaction in Figure However,others were very satisfied: 4 were extrinsic,compared I think this is a great program to keep good agricultural land 41 with the items concerning from being developed and to keep rural areas rural for future intrinsic attributes of land generations. protection,information,land use control,and grantee The APR program helped us to purchase a farm that we leased. dynamics. Heirs were less In combination with other land we owned,it provides us with a satisfied(t-test p<0.05)than good chance to farm full time in the future. It's the best program buyers with only the terms of to save farmland for future generations. Without a doubt,we the easements. Sellers were would not be at this farm today without...the APR program. less satisfied(t-test p<0.05) Landowners were clearly pleased with the easements,especially than donors with all items regarding the protection of the land's resources,and this pleasure except for those four which reflected their positive environmental attitudes. Overall,then,origi- addressed the appraised and nal grantors were quite satisfied,and as found by Wright(1988),the assessed values,the cost of landowners'dismay with unrealized financial expectations did not granting,and the money overwhelm their positive experiences: received.' The town governments are not aware of or do not want to 'For item"The amount of money acknowledge APR restrictions. They battle with us over tax rates received from the sale of your as often as they can...Banks do not know how to handle us....It is development rights", "Not Appli- cable"was a response choice selected nice knowing,though,that our land will remain open. by 111(48%)of all original grantors (presumably donors). Successive Landowner In general,successors were satisfied with their restrictions as Figure 4: Original Grantor Satisfactions by Scale Item 90 Extrinsic Items(Financial and Time) • 80 70 60 50 c 40 rr D a 30 20 10 0.0 N 0 U c N O 5 N O N 01 N 0) 07 O U2 N N U C N o (0 c 05 > U a O c U t. c c O` 0) C (0 N N c c U d U 0 O l0 a `Ey d> u 'o Clio CO off' o m n� >No - ° cc t.� o 'O (D co 6 Hm oQ 0 a� 0 `5 U� < < 8 0 d d"- U E E Z H • Extremely(and Mostly)Satisfied(1-2) • Neutral(3-4) 0 Extremely(and Mostly)Dissatisfied(5-6) 12 shown by the positive responses to"The existence of the restriction on the property(Figure 5),"and satisfaction,either across the entire scale or individual items,did not vary significantly between heirs and buyers. The high levels of satisfaction show the restrictions are not seen as negative aspects of land ownership and do not unduly restrict land uses. The greatest satisfaction was with how and when land- owners learned of the restriction. The successors'relationships with their easement holders were complicated. On the one hand,the lowest satisfaction was observed in 2 of the 3 items associated with grantees. On the other hand, grantees were the most useful resource,next to the successors them- selves,for information about the restriction. Grantees filled a valuable role,yet the successors would have preferred to be contacted by grantees earlier in the process leading to property acquisition and wished to improve the amount of contact with the easement holder. Perhaps better communication between the previous property owners and the grantees will result in these landowners laying the foundation for open and frequent contact between grantees and the successive landowners. Original Grantors vs. Successive Landowners On the whole,original grantors were significantly more satisfied than successive landowners. When individual questions were com- pared between landowners though,original grantors only differed significantly across 3 of the 9 questions in common between the two versions of the survey. All original grantors and successive landowner respondents were asked if they would"change the easement in anyway if given the opportunity"and encouraged to elaborate if they answered positively. Of original grantors,19%would amend the easement if Figure 5: Successive Landowner Satisfaction by Scale Item 90.0 80.0 70.0 m 60.0 rn as d 50.0 v a 40.0 30.0 20.0 10.0 ' IN ' I II 1 0.0 w t 15 E iCo ayd O CC O O a .. 5 2 x } o U UO 20 � .0 EZ ocN F ma N �p• Q 2 6 o N cX Y aet a U c 3Wr = E C7 O 0 ■ Extremely(and Mostly)Satisfied(1-2) Is Neutral(3-4) o Extremely(and Mostly)Dissatisfied(5-6) 13 given the opportunity,compared to 37%of successive landowners. Original Grantors vs. Allowing building and subdivision were the primary changes that { Successive Landowners would be made(Table 1),though 11%would strengthen the restric- 1 There were 9 items tions in some way. Notable is the result that,of all original grantors, only sellers wished to change the easement to allow for additional which were identical in each buildings and subdivision;donors were content with the existing of the original grantor and limits on these uses. successive landowner landowner surveys.When they were treated as a single scale,original grantors were significantly more satisfied d (t-test p<0.05)than succes- sive landowners. I When responses to each of the 9 items were compared individually, significant associations were found between the follow- Table 1: Respondents' Desired Amendments ing 3 items and the type of Respondents Original Grantors Successors landowner.Successors were ___ Desired Amendments %(N=81) %(N=53) %(N=28) less satisfied(t-test<0.05) Allow Building 26 25 29 than original grantors over all items below: Allow Subdivision 10 11 7 Allow Timber Harvests 4 2 11 Allow Road Construction 1 0 4 Chi Square Allow Gravel Removal 2 0 7 • Terms of the Change Crops 2 4 0 Restriction p<0.05 Allow Building Rentals/ 5 4 7 • The Protection of the Non-Farm Uses Land's Resources by the Change to Term 1 2 0 Restriction p<0.05 Easement • Respondents'Control Buy Back Rights 2 4 0 over the Current Uses Make Restrictions 11 11 11 of their Lands .... p<0.05 Stronger. ,. Other 33 36 25 i I 1 14 Conclusions and Recommendations Objective 1:Assess original grantors'motivations for granting and their satisfactions with conservation easements and agricultural preservation restrictions (APR). Original grantors were motivated by personal attachment to the land,a sense of altruism,and a commitment to the stewardship of their lands. They were concerned more about the fate of their properties than the effects their uses have on the larger ecological community. Original grantors were not motivated by social pressures or tax benefits. In general,original grantors are quite satisfied,though some of the lowest levels of satisfaction were observed in tax and financial items. Grantees should stress that certain tax benefits are not guaranteed and depend on a variety factors,including surrounding real estate values,local development pressures,and the inherently un-standardized and somewhat subjective nature of property appraisals. Objective 2:Determine from whom and when successive landowners learned of their restrictions,and how they relate to them,to provide baseline information about this sub-population. Successive landowners learned about the restrictions well before property acquisition,and the previous owners and real estate agents most often notified them.The successors responded that they themselves provided the most useful information about the easements,indicating a high degree of independence.While it is clear that these landowners feel they are capable of understanding the terms and nature of the restrictions, they do desire more input from grantees(see below).Grantees should maintain regular contact with real estate agents and attorneys,and offer to provide baseline information and answer questions from prospective new owners. Objective 3:Determine the level of successive landowner satisfactions with their restrictions The successive landowners were highly satisfied,reflecting their positive relationships with the restrictions. Satisfaction was especially high with items concerning how,when,and what they learned of their restrictions,indicating that the information they gathered and received was timely and useful.While the successive landowners have educated themselves about the restrictions,they desire more communication with the grantees.It is important that the grantees meet with successive landowners and apprise them of the purpose and intent of the restrictions,as well as answer any questions. Granters might consider regular mailings or a stewardship newsletter as a cost-effective means of increasing communication with landowners. Objective 4: Compare satisfaction between original grantors and successive landowners. Original grantors were more satisfied than successive landowners. However,the differences in satisfaction are not dramatic considering that the two types of landowners only differed significantly across 3 individual questions. For most landowners,regardless of their status as original grantor or successors,the easements are meeting their expectations as overall levels of satisfaction are high. Important portions of original grantors(19%)and second generation landowners (37%)would amend their easements if given the opportunity,though 11%of those desiring changes would strengthen the restrictions in some manner. Building and sub- division were the most popular changes that would be made. Dissatisfaction with constraints on building and sub-division could be simply an indication that the restrictions are doing their job. It could also be an indication that easement drafting is too restrictive. Grantees should consider incorporating flexibility into easements which would preserve the essential character of the properties without severely constraining the landowner or compromising the easement. 1 -! ' ..., Bibliography (Literature Cited are denoted with an asterisk*) Abbey,Edward. 1968. Desert Solitaire. Current Edition 1991. Ballantine Books. New York. 303 pp. Austin,Mary. 1932. Earth Horizon: Autobiography,in Writing the Western Landscape. Ann H.Zwinger,Ed. 1994. Beacon Press. Boston,MA. 182 pp. * Babbie,Earl. 1990. Survey Research Methods. Wadsworth Inc. Belmont,CA. 395 pp. Barrett,Thomas S.,and Putnam Livermore. 1983. The Conservation Easement in California. Island Press. Covelo,CA. * Boelhower,Mary Ellen. 1995. Forests Forever. New Hampshire Conservation Institute. Concord,NH. 45 pp. ' * Bolgiano,Chris. 1990. The Lands Nobody Knows. American Forests,96(5-6): 30(6). Borland,Hal. 1957. This Hill,This Valley. Current Edition 1990. Johns Hopkins University Press. Baltimore,MD. 315 pp. Brenneman,Russell L.,and Sarah M.Bates. 1984. Land Saving Action. Island Press. Covelo,CA. 249 pp. Browne,Kingsbury,and Walter Van Dom. 1975. Charitable Gifts of Partial Interest in Real Property for Conservation Purposes. I Tax Law,29: 67. Buchanan,Thomas. 1983. Toward an Understanding of Variability in Satisfactions within Activities. Journal of Leisure Research,15(1): 39-51. 8 Carmines,Edward G.,and Richard A.Zeller. 1979. Reliability,Validity,and Assessment. Series: Quantitative Applications in the Social Sciences Number 07-017. Sage Publications. Newbury Park,CA. 71 pp. Collins,Barrie Tait. 1996. Conservation Trust Gets Large Donation. New Haven Register, January 2: Bl. * Cunningham,R.A. 1968. Scenic Easements in the Highway Beautification Program. Denver Law Journal,45: 168-204. Deci,Edward L. 1975. Intrinsic Motivation. Plenum Press. New York. 324 pp. Devillis,Robert F. 1991. Scale Development:Theory and Applications. Applied Social Research Methods Series Vol.26. Sage I Publications. Newbury Park,CA. 121 pp. yI DeYoung,Raymond. 1996. Some Pyschological Aspects of Reduced Consumption Behavior: The Role of Intrinsic Satisfaction. Environment and Behavior,28(3): 358-409. 1986. Some Psychological Aspects of Recycling. Environment and Behavior,18(4): 435-449. * Diehl,Janet,and Thomas S.Barrett. 1988. The Conservation Easement Handbook. The Land Trust Exchange,Alexandria, 1. VA. 269 pp. 71 * Dillman,D.A. 1978. Mail and Telephone Surveys: The Total Design Method. John Wiley and Sons. New York. 325 pp. . ; Feinberg,Paul. 1996. Knowing,Cherishing,and Protecting One's Land(and the Community's Interests). Unpublished,SUNY- ESF,Syracuse,NY. 10 pp. * Fowler,Jim,and Lou Cohen. 1990. Practical Statistics for Field Biology. John Wiley and Sons. New York. 227 pp. 's Freyfogle,Eric T. 1996. Land Ownership,Private and Wild. Wild Earth,5(4): 71-77. Ginsberg,William R. 1993. Conservation Easements,in Powell on Real Property. Richard R.Powell,ed. Matthew Bender and Co.,Inc. New York. 34A-1ae34A88. Grier,Thomas. 1991. Conservation Easements: Michigan's Land Preservation Tool of the 1990s. University of Detroit Law Review,68: 202. Haajopa,Margaret. 1994. Conservation Easements: Are They for You? American Forests,100: 29-31,38. Harris,J.A. 1995. An Assessment of the Conservation Easement as a Tool for Viewshed Protection. Master's Thesis,Cornell University. Ithaca,NY. 187 pp. Hembrick,Kenton. 1981. Charitable Donations of Conservation Easements: Valuation,Enforcement,and Public Benefit. Taxes, 59: 347. Jefferson Land Trust. 1996. The Conservation Easement. Jefferson Land Trust World Wide Web Site:http:// www.olympus.net/community/saveland/saveland.htm. Port Townsend,WA. 3 pp. Katzev,R.D.,and A.U.Pardini. 1987. The Comparitive Effectiveness of Reward and Commitment Approaches in Motivating Community. Journal of Environmental Systems,17(2): 93-113. Knight,Robert,and Nancy Dye. 1981. Attorney's Guide to Montana Conservation Easements. Montana Law Review,42: 21. Lawler,E.E. 1973. Motivation in Work Organizations. Wadsworth Publishing Company,Inc. Belmont,CA. 224 pp. 6 Lawler,E.E.,and L.W.Porter. 1967. The Effect of Performance on Job Satisfaction. Industrial Relations, 7: 20-28. rj Lee,Yung-Jaan,and Raymond DeYoung. 1994. Intrinsic Satisfaction Derived from Office Recycling Behavior: A Case Study in Taiwan. Social Indicators Research,31: 63-76. 16 Leopold,Aldo. 1949. A Sand County Almanac. Current Edition:1966. Oxford University Press,Inc.New York. 295 pp. Lind,Brenda. 1991. Conservation Easement Stewardship Guide: Designing,Monitoring,and Enforcing Easements. Land Trust Alliance and Trust for New Hampshire Lands. Washington,D.C. 107 pp. Luzadis,Valerie A. 1997. The Integrated Valuation Method as a Holistic Approach to Measuring Forest Values for Policy Develop- ment. SUNY-ESF,Syracuse,NY. Typed and bound thesis. McGough,Daniel P. 1988. The Use of Conservation Easements to Stabilize Land Use in New York. Report to the State of New York. 17 pp. Miller,L.E.,and K.Smith. 1983. Handling Non-Response Issues. Journal of Extension,21: 45-50. Mills,John Casey. 1984. Conservation Easements in Oregon: Abuses and Solutions. Environmental Law,14: 555-583. Moeller,J.J. 1972. A Theory of Job Satisfaction in Reference to a Forest Industry Occupation. Masters Thesis,State University of New York-College of Environmental Science and Forestry. Syracuse,NY. 161 pp. Muir,John. 1915. Travels in Alaska, in Writing the Western Landscape. Ann H.Zwinger,Ed. 1994. Beacon Press. Boston, MA. 182 pp. * Ochterksi,J. 1996. Why Land is Protected: Motivations Underlying Real Estate Donations to Land Conservancies. Master's Thesis,University of Michigan-School of Natural Resources. Ann Arbor,MI. Olson,J.A. 1965. Progress and Problems in Wisconsin's Scenic and Conservation Easement Program. Wisconsin Law Review, 1965(2): 352-373. Peterson,Joyce Dall'Acqua. 1996. All in the Family. American Farmland,Winter: 5-8. * Salant,Priscilla,and Don A.Dillman. 1994. How to Conduct Your Own Survey. John Wiley and Sons. New York. 232 pp. SAS Institute,Inc. 1990. SAS/STAT User's Guide ver.6,4th edition. SAS Institute,Inc.Cary,NC. Segell,Michael. 1989. Easement Does It. Right of Way,36(3):21(7) Small,Stephen. 1992. Preserving Family Lands: Essential Tax Strategies for the Landowner. 2nd ed. Landowner Planning Center.Boston,MA. * Sokal,Robert R.,and F.James Rohlf. 1995. Biometry. W.H.Freeman and Company. New York. 887 pp. SPSS Inc. 1994. SPSS for Windows,Release 6.1: Standard Version. SPSS Inc.Chicago. 1987. SPSS Data Entry II. SPSS Inc. Chicago. Stern,P.C.,T.Dietz,and L.Kalof. 1993. Value Orientations,Gender,and Environmental Concern. Environment and Behavior, 25: 322-348. Stockford,Daniel C. 1990. Property Tax Assessments of Conservation Easements. Boston College Environmental Affairs Law Review,17: 827. Stratmann,W.C.,T.R.Zastowny,L.R.Bayer,E.H.Adams,G.S.Black,and P.A.Fry. 1994. Patient Satisfaction and Surveys and Multicollinearity. Quality Management in Health Care,2(2): 1-12 Thoreau,Henry David. 1854. Walden. Current Edition: 1981. Howarth,William,ed. Walden and Other Writings. Random House,Inc. New York. 743 pp. United States Internal Revenue Service. Sect. 170. United States Treasury Regulations. Sect. 1.70A-14. Wolf,Peter. 1981. Land In America. Pantheon Books.New York. 591 pp. * Wright,James D. 1988. Protecting Farmland Through the Purchase of Development Rights: The Farmer's Perspective. University of Massachusetts,Social and Demographic Research Institute.Amherst,MA. 27 pp. Wright,John B. 1993. Conservation Easements: An Analysis of Donated Development Rights. Journal of the American Planning Association,59(4): 487-493. 17 a ' APPENDIX A Appendix A: Keys to Original Grantor Scales Original Grantor Scale Items: Item# Abbreviation Full Item Text Environmental Attitudes OG16a: Responsible for Land Health I am responsible for the future health of my land. OG16b: Land is Community Asset My land is a valuable asset to the community. OG16c: Cherish Land I cherish what the land has given me. OG16d: Important Ecol.Resources My land contains important ecological resources which need to be protected. • OG16e Uses Affect Comm. Env.Quality What I do on my land can affect the community's environ- mental quality. OG16f: Livelihood Dependent on Land I depend on this land for my livelihood. OGl6g: Land Part of Larger Ecosystem My land is only one part of a much larger ecosystem. j OG16h: Personal Relationship I have a strong personal relationship with my land. Motivation `.'. OG16a-h(above)and OG16i: Wanted toDetermine Uses I wanted to determine the future uses of the land. :'. OG16j: Keep Land in Family I wanted to keep the land m family ownership. OG16k: Legacy of Open Land I desire to leave behind a legacy of open land. 0G161: Contribution to Community The easement was a"contribution"of open space to the community. OG16m: Protect from Development I wanted to protect the land from development. L`= OG16n: Did Not Trust Future Owners I did not trust future landowners to treat my land the way I would like. OG16o: Wanted Tax Break A tax break was the most important reason for granting the easement. OG16p: Guarantee Natural Places I wanted to guarantee natural places for future generations. OG16q: Children Urged My children urged me to grant the conservation easement. OG16r: Friends Granted My friend(s)or neighbor(s)had granted easements. OG16s: Lower Property Taxes I wanted to reduce the property taxes. OG16t: Lower Estate Taxes I wanted to reduce the estate taxes. OG16u: Money Rec'dPrimary Reason The money I received was the primary reason for granting the easement. Satisfaction OG17a: Information Given The information you were given about your easements before the negotiations began. OG17b: Terms of Restriction The terms of the easement. OG17c: Knowledge of Advisors The knowledge your closest advisors had about easements. OG17d: Protection of Resources The protection of your lands'resources by the easement. OG17e: Grantee Relationship Your current relationship with your easement holder. OGl7f: Grantee Contact The amount of contact with your easement holder. 18 Item# Abbreviation Full Item Text OG17g: Control of Current Use Your control over the current use of your land. OG17h: Control of Future Use Your control over the future uses of your land when owner- ship changes. OG17i: Tax Benefits The tax consequences of the easement. OG17j: Appraised Value The appraised value of your property after the conservation easement was finalized. OG17k: Assessed Value The assessed value of your property after the conservation easement was finalized. 0G171: Cost of Granting The amount of money it cost your household to finalize the easement. OG17m: Money Rec'd The amount of money you received from the sale of your development rights. OG17n: Atmosphere of Negotiations The atmosphere of the easement negotiations. OG17o: lime to Grant The amount of time required to complete the easement. OG17p: Decision to Grant Your decision to grant the easement. 19 APPENDIX B Appendix B: Keys to Second Generation Landowner Scales Second Generation Landowner Scale Items: Item# Abbreviation Full Item Text Environmental Attitudes SG16a: Responsible for Land Health I am responsible for the future health of my land. SG16b: Land is Community Asset My land is a valuable asset to the community. SG16c: Cherish Land I cherish what the land has given me. SG16d: Important Ecol.Resources My land contains important ecological resources which need to be protected. SG16e: Uses Affect Comm.Env.Quality What I do on my land can affect the community's environ- mental quality. SG16f: Livelihood Dependent on Land I depend on this land for my livelihood. SG16g: Land Part of Larger Ecosystem My land is only one part of a much larger ecosystem. SG16h: Personal Relationship I have a strong personal relationship with my land. I Easement Relationship SG19i: Would Place Easementif Prop. I would place an easement on the property if one were not Not Restricted already in place. i SG19j: Wish Easement More Restrictive I wish that the easement was more restrictive. `"' SG19k: Feel Constrained by Easement I feel constrained by the easement. te; SG191: Ease.Influences Good Care The easement makes me take good care of the property and what lives on it. • SG19m: Should Never Have Purchased In hindsight,I should never have purchased a property with Restricted Prop. a conservation easement. SG19n: Easement Enhances Responsibility The easement enhances my feelings of responsibility toward my land. >, SG19o: Told More Before Acquisition I wish that someone had told me more about my conserva- tion easement before I acquired the property. SG19p: Made Prop.More Affordable The conservation easement made the property more 'Ys affordable. SG19q: Would Not Have Purchased I would not have purchased this property if it were not ; if not Restricted under easement. " SG19r: Ease.Made Prop.More Appealing The conservation easement made the property more appeal- ing to purchase. Satisfaction SG21a: Information Given The information you were given about your easements before the negotiations began. SG21b: Terms of Restrictions The terms of the easement. SG21c: Knowledge of Advisors The knowledge your closest advisors had about easements. SG21d: Protection of Resources The protection of your lands' resources by the easement. SG21e: Grantee Relationship Your current relationship with your easement holder. SG21f: Grantee Contact The amount of contact with your easement holder. li SG21g: Control of Current Use Your control over the current use of your land. 1.0 20 Item# Abbreviation Full Item Text SG21h: Control of Future Use Your control over the future uses of your land when owner- ship changes. SG21i: Tax Benefits The tax consequences of the easement. SG21j: Price You Paid The easement's effect on the price you paid for the property. SG21k: When Learned of Restriction When you learned of the existence of the easement on your property. SG211: How Learned of Restriction How you learned of the easement. SG21m: Communication with Grantee Before The amount of communication you had with the easement holder before you legally acquired the property. SG21n: Existence of Restriction The existence of the easement on the property. • 21 BRAINSTORMING FOR THE NATURAL RESOURCES SUBCOMMITTEE CAMP KEAIS STRAND FEBRUARY 5, 1998 PROBLEMS • FLOODING • FREEZING • WATER QUALITY (Ag. Runoff) • WATER SUPPLY (Capacity, Available Quantity, Groundwater Recharge) • DEVELOPMENT (Current& Future) • CURRENT LAND USE PRACTICES • ENCROACHMENT ON WETLANDS • HABITAT DESTRUCTION • DISCONNECTING FLOW-WAYS • HYDROPERIOD • IMPACT ON OTHER ECOSYSTEMS • WIDE RANGING SPECIES (CORRIDORS) • UNREGULATED VALUES • ENDANGERED SPECIES PROTECTION • FLOOD CONTROL • WATER SUPPLY • GREENSPACE • CONTIGUOUS ECOSYSTEM INTEGRITY • LONG TERM GROWTH MANAGEMENT PLANNING • WILDLIFE, PLANT SPECIES & HABITAT PROTECTION • RECREATION • MAINTAINING FLOW-WAYS • ECOTOURISM STRATEGIES • MAC'KIE MEETING • BCC SIGN-ON • BARBARA BERRY/SIGN-ON/SPONSORSHIP • WORK WITH POLIZOS • WORK WITH AG. INDUSTRY/LANDOWNERS • P.R. (Press, Workshops) • CONSULT WITH TAX EXPERT • FLESH-OUT CAMP KEATS DOCUMENT (Look for Gaps/Update) • WORK WITH CREW • INVESTIGATE GOVERNMENT PROGRAMS/INCENTIVES • DEVELOP INCENTIVES • NETWORK WITH OTHER AGENCIES ISSUES/OBSTACLES/BARRIERS • GRANDFATHERED AG. LAND USES • FUNDING • UNCOOPERATIVE LANDOWNERS • BCC • P.R. (Landowner Perceptions, Public) • FARSIGHTED (As Usual Quick Hits) • NOT SEXY (Distance from Population) • JOBS • TAX BASE • ACCESSIBILITY • PRIVATE PROPERTY RIGHTS • INTERAGENCY ISSUES COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF FACILITIES MANAGEMENT MEMORANDUM DATE: January 28, 1998 TO: All Building Occupants FROM: Skip Camp, CFM, Director Department of Facilities Management REFERENCE: Security/Main Government Complex Dear Colleagues: We need your total cooperation on an important matter. Over the past twelve months we have had a number of break-ins, thefts, threats of violence to employees, and vandalism in buildings located on the main government complex. Only with cooperation from all of our colleagues will we be able to get these problems under control. In the interest of employee safety, the following procedures will be followed, starting Thursday, January 28, 1998. Please have a positive attitude as you review these procedures and remember that they are being instituted for YOUR safety. 1) No employee is allowed within any County facility (building) after 5:00 PM or on weekends or holidays without a State or County Identification card. Identification must be worn on your person, easily seen by the officer. Plain clothes security officers will be patrolling the buildings in the evenings to ensure employee safety. Anyone confronted by a security officer that does not have proper identification will be escorted out of the building by a Sheriff's deputy. It will be up to the Sheriff's Office to determine if the person is released or is detained as a trespasser. Supervisors will be notified of the problem the following day. For those who forget to wear their identification card please be courteous to the officer and the deputy when they ask you to leave the building or wrap those cold steel handcuffs around your wrist. This is for the safety of our employees. Department of Facilities Management Security/Identification Cards Page Two 2) Janitorial staff members are not to be in any County building without proper identification worn on their person and in full view. Those without identification will be asked to leave the facility. 3) It is the responsibility of the Security Officer to question any suspicious person, employee or visitor in a County building after hours. If you have a computer under your arm, you could be questioned even with a properly displayed I.D. Card. They will just jot down your name and if there is a computer missing the following day, well you might be advised to call Johnny Cochran. 4) Before you call us, we know there will be exceptions (classes held after hours, Commission meetings, etc.). Please help us protect you and your associates by reporting suspicious people and securing your areas each evening. Remember to lock up valuable items. Lets not make it easy for the bad guys ( or gals, I want to be politically correct). 5) If you encounter our plainclothes officer, he or she will not be displaying any type of identification but will be happy to produce it for you on demand. Please feel free to contact the Security Office at extension 8504 to report anything suspicious. Let us investigate your concern even if it turns out to be groundless. Please help us in our efforts to get a"lid" on this situation. Remember, we're the government...we're here to help! Space Planning and Allocation, Building Management, Fleet Management, County Security, Grounds Management, Facilities Capital Construction, A Partridge In A Pear Tree, Janitorial Services, Card Access Services, Indoor Air Quality NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: EPTAB Members Vv� FROM: William D. Lorenz, Jr., P.E., Director Natural Resources Department RE: Government-in-the-Sunshine Law DATE: February 2, 1998 The Office of the Board of County Commissioners has asked that the enclosed paper be distributed to all advisory board members. I understand that the County Attorney's Office will be preparing, in the near future, a memo concerning this subject. WDL/gmm Enclosure cc: EPTAB File . o y-a rn y o.7 y r "W 7 n n 7 o Ono n 3 '' n O £.� 4. Co O 2", G ce N C c "a y 7,O2 b 3 C n al A n _ > - p .co 3-. S n. S co Q__ ti o. 0..., ci y ci n .j > 3 O. n n = -_.41 ..3 "3 v V - ° n y n 3 n W � 3. 3 n -, , � < 3 ?� y �, � < 3• .,3 _. CD ��0 CD MI 4 a. � 5 =• 3 ..CD c 3 `< c c. 0 22 so• c v -. .. . nn b20 vs ra c C19_ > -0 is,' 0 n o`� n 3 ? a ° 3. ,n, 3 0 3 -0 ,0 ,„- ySr. ° y y - c v o - � .a x 0 3 c - . 3 3 n s c- _ n ,�. C 0 < -. U Q 7,• v 0 E n O 0 - .. < .7 w C u 0 fn 0 O ',.'y•� C O y n n :/] O '7 co y A J y -- c < , O = ^ <. S 2 > n n °, u -+ p 3 > 0 n �p 3 y p Q 7 '4,... :. 'Z1 E 40. " O C ... u- O c S n y n n `^ S?a Q• o ? m < .o. r70 n N 0003 O • 3 ',"� - rn 3 • n O -, co n ... O -+ ? ^ n G O J £ n u Co' n c .� n n n c n , 3 C. n n in -, n O n 3 MIcl W S Z , n C c9 u .x•. • -•+ S O cni� �. o 8 °�-' - n 0- - 04 o ? n 0- ^' ? •< a• oo r ° 3 n' 7- n v �_ a C C; Ct1 C n 3 -n-i T ? °, u, y n -', n s n 3 3 N 3 n n n n 3 n 00 • "1 C 'v 3 00 n• CA 4a N S _ y^ = n y S io n i x oa n n n n o y n O. 0 3 Z n C _ S . C n 0 "0 y 3 c, y > U3 n A y �' A - . ^ ? ? y < o 77 n ? no ano c d cio ?, N = am y a3yo us y sv c. 3 ? RI z 71 n n ° 3 3 `v, •-, - 3 vNi > 3 _ y c ?°0 A' n ° ? Da = can n 2 • 0 3 3 S c 0 c.0 , c y 3 71 Ti E rr o r. o-V co .. = C 0 3. 0 -. ? = N n 3 n" n n v y' @ n ° - n "- n -, o' o. c 3 3^ Z__, T F ?ti °�.. 3 ; a c- < v ='.0 0 fin-' tri c 2i -, �. n ?, `c. y o 3 o n c N 73- rD Po CA Z S n • n -7co N. -j ° " ,' y - Cn n E ° S •< n = cm 3 n c n C z 'C CD - n - 3, c � .. ,_ ?- c n o 1n' v £ C 3 v 3 ° 00 n - E °° 3, n a ? n r• Z . > cC" CD y C - . n o y ' - u - y v1 r w 3 Gro _^..• O - n n n 7 w a ^ r°a n y cn zi v c� f O S p „ o r. O C 0-c c 'L O > 3 ., C (2 ,c a 01 7 7 v1 3 Cu.. �' �' G 7.<<' '� - C y3 n o `y^ n - o c ,,, (7,1• 3 7`e vn, 3 "i 3 ip a0 `�' a. j `^ 3 °° ° Zs9 .%9 .. U s c- on ° c. 3 tat Qom = ^' = 8. - 0 -.., .- F ' < < n 3 as 3 y m ? 3 ` Z - - Fa n = n `.' y C p• N n y ^ b V] 0 v, G n n -' G o n c<n A y O' ° > Z n n ?00' 1 £ _ r....• 2, 3 AO 3 oe N C. S3 -0 ? C r' 3 ? - u ° 3 I _ Cr oc r m ^ a n H �' " " v, c N Z °^, A ;e y y `` E y o • E n S ^ N 'K < 3 y > 3, "t 3 n - n 3 > o •-•00 ° o Cl,.• y •obi o m = "e SI. a = C n n 3 n n-, tri > n ., 'n' a c to ... n s v oN ^ n C °o• - n n0 m = 0 3O0. ? e c Z ^ nso o = = o< 0 3 oE•'� ; n > 0 3 0. n = 7 Ono 0 0 W OWO C' O Cr1 3 7 `^ p' o O' y C - A y C C [� O 3 "�' y C A ? �=• Z O K 3,-) .:•� rnn C Q ; CI `� n A n n G n -.1 O - 0- ° el r 3 n - E a n 7 7 W y F A 3• S 03 C (?p ?_ 3 y 3 3 y ? N• is y n A = o n y go 3 - ... 3: o 3 g r c. o -- < 3 3 n =•• co O wv ? A v n CD Z �e ,� O .i c c �= C ? 3 c_ .0 ° 3. :" s n ^ n n • O. O• 3.• v y N C. O 7-0 0 O ? n ? n00 3 y co cn u, < n - 3 C 3 3 3' C (2, n n n 3 oc `'115 _-c c no o'`< ,? a. 5 '' to o o cr , n c" ° 3 ,o on = - d c •72 Fi. y y 2 v 3 . y so o. = n o E to n o. 3 C\ o n n c -- n << o ° cC :� A 3 n N y n• p o O 0 0. > o,� N -. O•-0 Oo N O n 5 n 7' n or £ '2_ a . .' < ., 00 n n S n co,� O. • 7 ?, _. > ,- y ^ v - Z10 = c IIU1ti I n y N S °• d 3 y O sco 0 y 0.w 3 O w n• n3^i ra • 3 7• DD _ ` n' L, 03 -. 0 w v1 0 • -, O • O. C Col O cp ri ^•7 •0.-0 3• c_ n .. ^- n 3 3•n C, N C n 'vii 3 ll> u• N O cC9 0 < _ ? y �' n o ? Z y 0 ... oe r3 r d y n- c. • A 00 3• :,, 00 n' -, y A O UJ < ° S O O W Cr n C = A y 7C' n - O a 3 n .. y a • o Et < = e O O -o Q, 3 s c; a. 3• n so y C 3 i co n n y c Q E £ ? 3 a n c i:., �' c v, O y C n, x 0 CD 3 r O `° - n• > y I 3 3- I n n '? C I n 0- 3 Cr u I n C n °O °' n . �?'.7 0' GI a 3 > o n d < '� u; n, o n3. m I .' m 3 < c = _• c �e n £ 3 £ n cn H O O N y O C] o ni v c'- I o, 3 a� > on O I ti Cr n O y 3 p O J ^" cn O 00 4, 3 J 7 Q > _ �. 24 O n > ti u, ? 3 y j 7 C „ > y ? o^d = 03? w w n .o : c > 03 O 3 w O > n Z n a a - n I z .. w • O o0 3A. •, HOS 7 n ° .yn.. ' S C Q\ W ' N ` Q\ 3 N 22 ' J J 3 I A - J 0 `p (2' o, ° �- c_ y o n' c a0. `� 3• s =• 3 cl o' Vi, c y m ^' c> > a 6 O Z u -. O u'' 3 ,1..ea yr -. C p ,e .-.3 n y .3i Ce Q Pr C O k CI A J C W W ? CD n u n 0, n t"p d y n u n cJ., J n A y ° < !`� y Lit Q 44-.4 = ,o :ii _ S �. y :n n C y .'c1 n E n y v W A C_ a n o co 0O ••-•*.... C.< , •:, c7• J ? y n S S p o - A w v O `� •A y N y J n W C O A 00 , 003000 "' ,,- 3 C J A O, n -, n S = n O� J ? r `<C. y n 3 ° y �• -1 :� ,< w �- N w C enp C T tN., 3 O • Co c < ° 3 3 _. c 3 0 •`e ° y < u o o n o y . C c S p c k 0 Q p < u• 3 S 3 n C C 3 ^.moi n 0' •II : n :'' 2 y ., q `2 O C E 0 3 0 y Z y G ? 0 23 e3 E _O �, C y 3 = on O. IQ 3 n 3 3 j C O V E 3 - 0 3 .°-n m o _ _ n 3 n 51 3 = y ° C,-= 23 3 •-e n J C a 3. 3 3 _3.�.'< co a O. = 3 y m > n rf C Z c 0 o 0 y 0? ° v 3 w m ao 3 n" = 3 3 c n 3 C O ^ 3• y 1 A• 0 3• a ono -- o ao °• A. o n co = 3 3 = tv ° u' = o > G E?� n p y co n C n 3 .• co -=E n c 0 3- n .�,� 3 3 C y F.; m.-- n o p_- S -<<_ < -, c9 0 n o. C =.i c. =° ^- 00 n n O w 00 3 n - y 0, _ y 3 J _ Oo' p 7 C S ^ `� 3 n n ? p � ^ -' C v 7 3 00 3 3 7 y y v ?0 N o u p n . n '-• a Ps `•C n J n"L ? ° y 7 y 0 3 7 O a' u n ? �• n p C v 0 C. -: +' w A n n 3 - E 3 o n J -. c u -• 2 03 . ai�, n 33 •6' a. W -+`.� O N C < .?i 7 J u n 3 d n N 7 A ; o -, 3 • n O O co o n 0. • 1 A C Q ' - - 3' C 3 u n n -. .00 t.^ C. m n 1 . R. 4 S �+ Nq � S ' � "i3 m N x 0 ! L'. F' C. r' 3al 0. ,o-- .' C R 3 ? -t ^ 3 O O 67 ° t9 �r Q �?. ° Q O- O fp S 2• o 3 o o 3 c v7o 0 0 O c^a 3 n ;' y p. = 3 ? y in- ? -o' ° 3 CJ 'n 3 3 =? �. 5. - --, 9 = ‘00 -. 3 x n n ` n. ,, r z1 - r, ,., = r p- n = n c _ 1 3 m 0 - n H 03 --"n c'' c =,^. O 3 ^ 7 < n y 3 p 0 c. 3 c E : = < ^ cs ,- o e y `<- c= ^ a n �' va c ? °` CD _ �- °� ? ? c �?II yo ? n o �, o • o `-; CI ce -7 3 .... 3 n n ‘...CI m rn .-. G .< 3 7- S '- � G m ? ^ E. y -. n -o C7 0, ^ 3 ? - C- °. n' 7 -' N n c. m .' ^ w n (17-- -A S 3 e = ° < = s .'s^7. n ^ 0 3 0 O a - ^? y 3 e, w e, ,, 030 0; S b 0-°7,. 3 - - O y n A s n o '-^-.- q n 7_ ` a ^ 5 .. • n _,• C^ • C. ^ °- n n n• 7 y _. n R n JI p y n = y £ 7 N 0. n•- . "3 7 - v, . =. n , .0 tel- .n. O p p C O •^-J• y O_ S y n �.^� 3 `< y ^ `...f. •� �- 3 ° C A O_ C G 00 7 � L' >e rt C y`! p -+ -� "r. o Z c 3 3 `�° E O -0 o y = 3' c -. N = G o co V -? a 7 N 3 "A- ^ .. Win-.7• 00 Z ° ( 3• cn 3 x a r.-, y ^' O 7 O^ A • 3 (9 n N• n C = " C. C = ^ ��, q S d 3 '� 2.1 y n 0 n n ^ .0 O. Oa y S n ° n n --. a 3 n 3 n n = �-'7. N G " C F' 3 ^ • n • v, v, -. S x p y ?' S Q W n n q - q cD '0 < cn ten. = CD y, O T n 7 y _.7 ? n ° y v, A £ G G n C O 3.' n y ... .t n = Z `d, 0 0 I nom_ = C. � 7 n n oo O 0 O OH o n en '_'1 8- s .e - 3 J ? � y -m. F n n C. 7 _ `G 3 OJ, O 3 `< 's ^ G S c n O. 3 -6- n 3 y., n ?t -Oa < .o S ,J, C 3, 3- r O . O. -: > a p _ n Q - CA n T _ y n y ro ,_ 3 -Oa C) -. 3 -'' 3 • f9 0 -•1� ^ -, nom, •< 3' 3 C 7 ^ n (9 ° 4 `•^ N nL' 3' y 3 x O c,4 A 3 '.0 n. O p G '•- _'va 2' r n a N n 7 'Zi f, 'g. a m .O y p' .J A q N Q• 3 ( C n a Cr: _ qn n C. rn ..q f9 n y •� n S 3 n C. x 3 0 C „ Z _ tO,c 0 3 w 7 ^ C x '- . n y S• n y p c E o < F• - n. Q y n 'n, ,i c- n. n n 0 W = ? J y n y C.< t`Ov ==, n3.. y (In oni r 7 >:az 0 c3o c �" = Fr,- _ 71 -,o^ ? w ccv c `' n t 3 ; v' _. ^y_ S S3. n y C n 7 a O m .< O 3 < N L0I _9 7 c, •070 7 n -4 n < _ 0 T cc 3 E 9 0 9. O :n n .p '_i 3 y .p y •< Oa O y Z G y -'f'J n O p n n O O^ ° 3 ° 3'4 O io y w n n 3 • y O� m H E A • £ c^9 3 O • a C=': < 7 n 3 y 3 ? c7 3 n y o' n`0 7 a p cos n - y n ,4 G < ° = 3 .Z `° E . 3 - a o n N Q n 3 j 3 = 0 ? n 3 _i 'o�e 0 3 n y n O^ d O.-0 p £ `^ y O n `!• C. a m C. •...... 3 `� N C. y v ; 3 O Z ,..-.4, < y 3 3 'Z. O `^ co.O n y S 3 u N -1 3 y 7- co y O. d .�'� w ;n y ^ A 7 C y1 e K. • n p 3 3 G 3, ny. +nj n 3 A O0 CS 3 A A 3 n 3 < - > .5- - - T 3. -:i > r ° 3 3 3 rn ^ n y ° 7- n n y a w n ^ O ° rn W _. ,JC, n n n 3 ,< 3 = C3 3 • .n-.n C 7 n CA o -n-°n° m .0 N°-, n C r _ O ^i ,O n y > = n- 3. JI GA n O �.`< n £ �, ° C. 7. v' ° ? 3 O ^ `�' �. O O n ? ? S . W O'' 7 >..` ° a es j n n O G ^ ? y 3 n- C. 3 N H' :^ O O. A N m 3 ° n 27 O ...... m n \O c y n 3 7 G ..• S ti, -•• y 3. U -., m el o m C 3 3 ^ n .O n 3 �,' co-o .ma y S A C - 7 -ni = S Cn T n O. rn ry A = T (n, ('. H N 3 G o H .Ai - ;• " c •vi O - `�' p' j- y ° <CO n y O �_ rA '� r y ° S G S °� R A .0 --i n S G .0 - g v,0 3 n = r.0 E ,3, 3 7. c ? s ^ 0.o Ona 0 ° 3 o y y Cy ... 7 n C =. 7C N £ ' F.Y 3 ' r, _, ^ 7 x '-. Q cp • m _.. o n an .q (7 a H 3 cno c E • 3 :9 3 C7 a o' s S en. ° 3: 3 '- ? o ° - .o `y n r _ 3 n c 2 tal CA CA '' 3 3 o 3 0- c n a n o c E CO °. u Cr cr• > m c=o 3• y .,.. .3. =. 0? o rc„0 co � ny. _I N 3 17 n' �. ^ '=i 3 s y - ^ (1-0 -� n "0 .o n T n _ n O < n ° O --4 fp o CA 3 2 E O F, o �,H o 3 , 0 a_.oaa = A : ^ co 0 °' 3 y 3 ^ c 7 ND 3 3 �e 7. 0 r , ^ 0 o c -- n n y n 7 3 ,- y, ° n: x ° m 2.7o° 3 ° two - - 3. 3 ? m 3 - o "' a o 3 .F °: n l y. y ri, y-n 3 o. f9 H C N c a 3 5 co ', o. .C- 3- ,1 3 .., n � . n 0-,� j 3 '� n 7 -.7J... 7 i' n y 7 - C ° 3 .G Cr O E (J=0 y °O 0 - n 'Q •= ° A C d O^ O O. 7 O 3. FI. 3 ff cn9 C .c^. o N O ; n �' Ona �°. £ y' y 2 ^ vyi m O O,. O O A O. n 3 'a 3 O _ O ^ y 7 ° O = fl x o ^ g o n n• " c 3 n c J=, 3 < `< o �° e 3 y a �„ 3. 030 d 3 -c �e . 7: a n - crew n, 3 3 o m 7. p n 3 7- . n n c 3 m• 3 3 .. n O s - 3 S y = •^ A n •'= a) 7,:r'� m£ -. 0 .-. = -" ,-. "2„ '= O 7 -J 3 O N .3i - O ^ ^' v CA -oa = n n = m ^ = 3 m T1 ° u ^' n Oa O p3 UH 3 7 ^ :n m ya cam° 0v a 3 .°o s x °�' a0 0 °- ° o a m 3 3 3 00• 7 N c oo ? vo- n -' O n y C0 ° 7 n 3 A "- �. 3 -yJ y 1 ^ ° io 7 ^.i y O t7 :'' W g 0 A y O ° 3 'J• 0 3 3 3 • n n• 7 ° 2 0 c 7 = __ ^ R n m v, n x L^ a J-0 m L. .- ,'i! -- 3 = = 3 �-rc, ^ •a ti l T O q n CO S u X. ° Q 3 J £ << O O C. n T Z RI l a 'd 3 n �. 3 0 p 0 n n S 00 S n c. O�• ? = 3-<.- 7 Q.0 co 3 D C = 3. O m y u=i n• n C. 7• fD =• C.� ^ Q .y+ O a .n. n _ (p' O. ' 00 n m H N - ^ n = •°� 0 - C? S. u - 0 0 , = ', y s o 1 • 3- P a "' ,, y - 0 e' 0. o n .•-• n 3 a 0 '! O Z C7 7 ` u 0,. O n- d, O ;^ cn O�' n n 1 00 y 03a O T -• 0, i Cr n' O V7 T 3 n C 7 y �i A T 3 I `,"� 0 7 2 �, e F y y 7 3 > a at . as 3 C 0. I m 4. �' o z a- 3 �� a c :•. : a m ay0 0' `N0 0 ° c > Z A a• n n A ^ �- N ? °=. O = CO 3 3 n. rn W '" c n _ 3 ie CA`i m 0. f9 3 O ., 3 G] :a t.+ m 7. 2 '7 -I GA n ° = o .O 7- y c. moo c 3 ? s. o o < -+ < 0 3 S ° m > �' O S ,,,, y £• 5. ^ 0 c O n n = Cn n n•" _ _ ? n •• 3 7' 4, y > n• O^ C 3 O .- <_ °. ?� -, W C-7 "5 a' m n - --, _ n y °70 ce 01. -0 Cr- o- v _ 3 = c 3 m : o n CD a `< =• 0 < C) is tri y 0 .3 0 7 7 0 g• 3 E. ' ^ =• m n y "0 f9 ' w N n 3 io 3 '0 0 :n 0 n o 0 G n ?Oo �. £=, < <3 7 0 fflU # U 3' Celn,' s y - • 3. 0 3 w = .3 u' �' n Q. n -° o Co y 3 a0 �- - N m 7 3 3- n _ O 3 3 n Se▪ e 3 3 N m Z 3 S 3 a-4 n- to 03 7 0.. w M. p £ n 7 -.., ,- = O. U O C 3 a _. `n 0 n I 3 O _ G7 O. O :n 7 n 0 ••< S n.`! O C -7 ei C 00 n _v S c <.'� m 070 0 £ N ^ C. • > A y H ?oo 3 °IiH p03 ^ a-93 -,.�- <3n y 7 n es m �' c. to-0 03• > -n- S o 3 S �- m a c. H n fi N - 7 • m �< `! n -' ?� "o << ? .., 3 _. 3 w `< OOa „Z •f-t az `0 = . C3 < -0 ° C. n to < n ° n , -n. O a T °. m ^, 3 n n ° i o n r... N ^ n ° n 'o o -°0 0`< 3 ••-• =. ° = :n 3 0 S O A =. E ro o 3 y •? n .°^n y C 0n =. .., o 3 > o n 3 `< n n 3 O. n r, y n• CD a c 3 ,? N 7"7 y. o c ? O y a• � .n 0. 0 3 a - . 3 3, d 3 - £ 3 ' 3 CD m °= ^ A'O VJ n 90 a. 7 d S ? o O C _ 3 n - 77 C. cno 3 c0 p 3 e S O 3. n• 7. 3 �' ? O so ^ O A N 3 O. c, v H '--' cn O^ n T p n• co ^' m• n_ O O �• n -_.',j O 0 L.- ," 0 -< 23 0 't1 3 n O O C. r.„.„, T = .< ..� n ,O fi 3 rn 3 = :n C. NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: Clerk to the Board/Minutes& Records FROM: Georgina Mausen, Senior Secretary Ot Natural Resources Department DATE: January 23, 1998 RE: Environmental Policy Technical Advisory Board (EPTAB)Recorded Meeting Minutes I am submitting the following cassette tapes to be filed by your office: 1. One (1) from the 1/5/98 EPTAB Review Committee meeting. 2. One (1) from the 1/8/98 Resource Protection Committee meeting. 3. One (1) from the 1/12/98 EPTAB meeting. • If you have any questions, please call me at 732-2505. gmm cc: EPTAB File NATURAL RESOURCES DEPARTMENT MEMORANDUM TO: EPTAB Members G FROM: William D. Lorenz, r., P.E., Director Natural Resources Department RE: Membership Appointment DATE: January 14, 1998 Attached is the resume and summary of qualifications for Ty Agoston. Please be prepared to discuss and vote on this application at the February 9, 1998 EPTAB meeting. WDL/gmm Attachment cc: EPTAB File MEMBERSHIP AREAS OF EXPERTISE SECTION 54-28 COUNTY CODE NAME.::: AGOSTON* PAST EXPERIENCE AIR QUALITY BIOLOGY BOTANY COASTAL PROCESSES ECOLOGY ESTUARINE PROCESSES HAZARDOUS WASTE HYDROGEOLOGY HYDROLOGY HYDRAULICS LAND-USE LAW LAND-USE PLANNING POLLUTION CONTROL SOLID WASTE STORMWATER MANAGEMENT WATER RESOURCES WILDLIFE MANAGEMENT ZOOLOGY OTHER REPRESENTATIVE AREAS *No Technical Expertise is Demonstrated. ENVIRONMENT § 54-28 ARTICLE II.ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD* Sec. 54.28. Membership. (a) The environmental policy technical advi- After the initial term of appointment, each ap- sory board shall be composed of 11 members who pointment or reappointment shall be for a term of shall be appointed by and serve at the pleasure of four years.All terms of office shall expire on Sep- the board.Appointment to the advisory board shall tember 30. Terms of office shall be limited to two be by resolution of the board and shall set forth consecutive terms unless waived by the board by the date of appointment and the term of office. a unanimous vote.A member may be reappointed (b) Vacancies on the advisory board shall be by the board for only one successive term and shall apply with other applicants. Terms shall be stag- publicized in a publication of general circulation gered so that no more than a minority of such within the county, and vacancy notices shall be members' appointments will expire in any one posted in the county libraries and county court- house. Along with the applicant responses the Year. board's staff shall provide the board with a list (fl For the full term of the initial appointments, outlining the qualifications and demographic back the three members serving until September 30, ground of each candidate, including the.present 1994 and the two members serving until Sep members seeking reappointment. tember 30, 1995 shall have demonstrated exper- tise in biology(including any of the subdisciplines (c) Members shall be permanent residents and such as botany, ecology,zoology,etc.)and/or wild- electors of the county and should be reputable and life management. After the expiration of these active in community service. initial terms of appointment, the vacancies may be filled by members demonstrating expertise in ((3) The primary consideration in appointing the any of the abovementioned areas related to envi- advisory board members shall be to provide the ronmental protection and natural resources man- board with technical expertise necessary to effec- agement. tively accomplish the advisory board's purpose. Members shall demonstrate evidence of expertise (g) Any member of the advisory board may be in one or more of the following areas related to removed from office by a majority vote of the board. environmental protection and natural resources (h) Members shall be automatically removed if management: air quality, biology (including any they are absent from two consecutive meetings of the subdisciplines such as a botany, ecology, without a satisfactory excuse or if they are absent zoology, etc.), coastal processes, estuarine pro- from more than one-fourth of the meetings in a cesses,hazardous waste,hydrogeology,hydrology, I given fiscal year. Members shall be deemed ab- hydraulics, land use law, land use planning, pol- j sent from a meeting when they are not present lution control, solid waste, stormwater manage- during at least 75 percent of the meeting. ment, water resources, wildlife management, or (Ord. No. 91-26, § 3; Ord. No. 91-48, § 1) other representative areas deemed appropriate by the board such as, but not limited to, a represen- tative of the development community. (e) The initial terms of office of the members of the advisory board shall be as follows: (1) Three members will serve until September 30, 1992; • (2) Three members will serve until September 30, 1993; (3) Three members will serve until September 30, 1994; (4) Two members will serve until September 30, 1995. ENVIROMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA DATE: January 12, 1998 PLACE: Collier County Government Complex Health and Community Services Building 2nd Floor, Room 216 TIME: 4:00 p.m. I. CALL MEETING TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES -December 8, 1997 IV. ANNOUNCEMENTS V. OLD BUSINESS VI. STANDING COMMITTEES A. COMMITTEE REPORTS (1) Steering Committee - Bill McKinney (2) Resource Committee - Mike Simonik (3) Growth Management - Mike Delate B. SPECIAL PROJECT COMMITTEE REPORTS (1) NRD Budget -Bill McKinney VII. NEW BUSINESS VIII. PUBLIC COMMENT IX. ADJOURNMENT `(�`'� r-c c 3 i' Q k A ( ), . ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD SIGN IN SHEET JANUARY 12, 1998 EPTAB MEMBERS (Please initial beside your name) Steven Bigelow Maureen McCarthy ✓ Bradley Cornell ✓ Bill McKinney ✓ Mike Delate Monty Robinson t/ Brenda C. Fogel ✓ Michael Simonik I/ Allen Kratz Jan M. Stevens Staff Members Name Department Public Name Minutes (yes/no) Address Phone No. 5`17-15cs w i DRAFT: 1/12/98 APPROVED: 2/09/98 ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD JANUARY 12, 1998 MINUTES PRESENT: Steven Bigelow Brenda Fogel Monty Robinson Brad Cornell Maureen McCarthy Mike Simonik Mike Delate Bill McKinney EXCUSED ABSENCE: Jan Stevens ABSENT: Allen Kratz STAFF: Bill Lorenz Georgina Mausen PUBLIC: Barbara Kerby (Big Cypress Basin) I. Meeting called to order. II. Roll call. III. Approval of meeting minutes - December 8, 1997: Brad Cornell pointed out three errors in the minutes: Under VI.A.1 - The Steering Committee meeting was set for January 12th at 3:30, not January 5, 1998 at 3:30. 2) Under VI.A.1. - The Review Committee meeting was set for January 5th at 3:30 in Room B, not January 12th at 4:00 in Room 216. 3) Under VI.A.2. - Tony Polizos is with the Natural Resources Conservation Service, not Collier Soil & Water Conservation. Mike Delate made a motion to approve the minutes with these changes. Approved 7:0. NOTE: Brad Cornell made some changes to the agenda: Under V. Old Business: add a. Clam Bay Restoration Plan, under VI.B. Special Project Committee Reports: add (2) Review Committee Report and under VII. New Business: add a. Clustering Amendments. EPTAB Minutes Cont. 1/12/98 Page 2 IV. ANNOUNCEMENTS Mike Simonik announced that on 1/13/98, the Conservancy is holding a lunchtime lecture in Immokalee on Lake Trafford Restoration. Fred Thomas, Chairman of the County Task Force and Gail Gibson from Pollution Control will be speaking at 7:00 p.m. Mike Simonik also announced that Legislative Delegation is meeting in County chambers on Wednesday, January 14, 1998 at 2:00 p.m. V. OLD BUSINESS a. Clam Bay Restoration Plan -Bill Lorenz gave an overview on this issue to EPTAB. VI. STANDING COMMITTEES A. COMMITTEE REPORTS (1) Steering Committee -Did not meet. The next Steering Committee meeting is scheduled for February 9th at 3:30 p.m. in Room 216 on the 2"d floor. (2) Resource Protection -Mike Simonik: Committee met on January 8, 1998 and asked Tony Polizos from the Natural Resources Conservation Service to attend. The Committee wanted to get his ideas on how they might go about getting cooperation from the land owners and farmers on some kind of NRPA or conservation plan for Camp Keais Strand and the CREW area. The next Resource Protection meeting is scheduled for February 5th at 4:30 p.m. in Room C on the third floor. EPTAB Minutes Cont. 1/12/98 Page 3 (3) Growth Management - Mike Delate: Did not meet. The next Growth Management meeting is scheduled for January 29th at 3:30 p.m. in Room C. B. SPECIAL PROJECTS COMMITTEE REPORTS (1) NRD Budget - Bill McKinney: Did not meet. The next NRD Budget meeting is set for February 5th at 4:00 in Room C. (2) Review Committee - Brad Cornell reported that the Review Committee will list all the key items and organize them by the subjects that fall under our subcomittees, and will discuss the committee work and the structure of the organization and highlight the work EPTAB has done so far. Bill McKinney added that this is like a report card to show all of the things that have transpired and will give an explanation of these actions. VII. NEW BUSINESS a. Clustering Amendments -Bill gave an overview on this issue to EPTAB. VIII. PUBLIC COMMENT IX. ADJOURNMENT - Meeting ended at 5:24 p.m. The next EPTAB meeting is scheduled for 2/9/98 at 4:00 p.m. SUMMARY OF ACTION EPTAB MEETING 1/12/98 MOTIONS (1) Mike Delate made a motion to approve the December PASSED 7:0 8, 1997 meeting minutes with noted changes. ACTION ITEMS SCHEDULED MEETINGS (1) EPTAB - February 9, 1998 at 4:00 p.m., Room 216 (2) Steering Committee -February 9, 1998 at 3:30 p.m., Room 216 (3) Resource Protection Committee -February 5, 1998 at 4:30 p.m., Room C (4) Growth Management - January 29, 1998 at 3:30 p.m., Room C (5) NRD Budget - February 5, 1998 at 4:00, Room C MEMORANDUM DATE: January 12, 1998 TO: William D. Lorenz, Jr., Environmental Serv`ces Director FROM: Sue Filson, Administrative Assistant ` Board of County Commissioners RE: Environmental Policy Technical Advisory Board As you know, we currently have 1 vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Ty Agoston 360 10th Avenue,N.W. Naples, FL 34120 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments RECEIVED JAN 13 1998 NATURAL RESOURCES DEPI RMENT 189 P01 DEC 29 '97 13:11 'Ty Agoston Date: 360 IOTh Ave NW Phone 941-455-8400 Naples FL 34120 Fax 941-455-4310 E-Mail:tagoston@aol.com tagoston@'uno,com Ms. Sue Filson Administrative Assistant Board of Collier County Commissioners 3301 Tamianu Trail East Naples, FL 34112 Fax: 941-774-3602 Dear Ms. Filson, Attached, please find my resume and work history. I consider the current Environmental Policy Technical Advisory Board to be agenda driven, with a political orientation that does not represent the county in general. The term, "technical,"seems designed to exclude the participation of unbiased citizens, and restrict membership to people within the environmental-activist groups, i.e., Audubon Society, Wildlife Federation, and others within this category. I do not believe that this restriction serves Collier County's long term interest. Current literature on these organizations points to their agenda as being contrary to the U.S. Constitution, and instead, to advance a one-world, socialistic form of government. We, as citizens, are remiss in allowing the takeover of our government functions in the name of the Holy Grail of "Environmentalism." I have earned a Masters of Business Administration from Rutgers University, and some additional credits towards a Ph. D., and would like to serve on this board. I am also an avid gardener,with hundreds of plants and trees, and a great interest in them. With several grandchildren to teach me a direct future continuity,I am concerned for the environment , present and future,without a political agenda. I am retired, with substantial time available to work toward preserving our Constitutional system of government for my grandchildren, and others in future generations. Thank you for your consideration in this matter. I remain with respect, Ty Agoston cc to County Commissioners: John Norris Tim Hancock Timothy Constantine Pam Mc'Kie Barbara Berry 190 P01 DEC 29 '97 13: 13 TIBOR AGOSTON 7 Horseneck Rd., Montville, NJ 07045 • (201)227-2843 360 10th Avenue NW., Naples, Florida 33964 • (813)455-8400 PURCHASING/MERCHANDISING MANAGEMENT EXPERIENCE 1988 -Present Grocery Merchandiser Develop weekly advertising programs for grocery department Develop special advertising programs Present special programs to senior management 1979 - 1988 Buyer-Merchandiser Develop sales programs Maintain ads-prices-schedules Address seminars on sales and merchandising Responsible for gross profit margins Develop sales forecasts and programs Make sales and product presentations to management 1969 - 1979 Grocery Buyer National retail chain in Metro NY-NJ area Responsible for 4.5 mil. inventory management Evaluate new items proposals Determine advertising and promotion effectiveness Implement space management programs 1965 - 1969 Owner-Operator Totowa Spa, Paterson,New Jersey Wholesale/Retail toys-sundries-confectioneries 1960 - 1964 Sales Representative Representated plush toy manufacturers to Northern NJ retail and wholesale trade EDUCATION 1966 - 1973 Rutgers,The State University ES Degree,June, 1973 Marketing Major 1973 - 1975 Rutgers Graduate School of Business MBA Degree,December, 1975 Marketing Management Major 1976 IBM Chicago,Illinois Computer Controlled Inventory Systems Maintainance Systems-Design-Development PERSONAL. Height: 5”10" Weight: 175 lbs. Married: 1960 Health: Excellent Residence: Homeowner Hobbies: Kiwanis International Tennis-Swimming-Soccer Soccer Coaching Board of Directors, Montville Soccer Association mum)uIm E. J. T is IME 1898 MISSION DRIVE NAPLES, FL 34109 941-592-7124 888-391-8764 Dear Bill: Dec. 10,1997 Please send out the enclosed 5 pages on EPTAB organization and planning to all EPTAB members. We can use it for the Jan 5, 1998 Review Committee, and it will let members study it prior to the next general meeting. Therefore, it would be appreciated if they can go out as soon as possible. Thanks to you and Georgina, and I hope you both have a great holiday season. w .i, Bill McKinney cn" RECEIVED t i = ic DEC 12 197 4 3, 44 NATURAL RESOURCES DEPARTMENT SUMMARY OF ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD (EPTAB) CHARTER OBJECTIVES * Identify, study, evaluate, and provide technical recommendations to the board (of Commissioners of Collier County) on programs necessary for . . . conservation, management, protection of air, land, water resources and environmental quality * Assist in : establishing goals and objectives : developing and revising rules, ordinances, regulations, programs : implementation and development of growth management : identifying and recommending solutions to existing and future environmental issues * Technical advisory committee to County environmental resources management program * Provide for public comment OTHER EPTAB is reviewed every 4 years for major accomplishments. The next audit is 1998. An annual review of all accomplishments should be compiled and filed with BCC. EPTAB COMMITTEE ASS' 'MENTS December, 1997 GENERAL CHAIR: Brad Cornell VICE-CHAIR: Mike Simonik STEERING Bill Mc Kinney, Chair Allen Kratz Mike Delate Brad Cornell Mike Simonik GROWTH MANAGEMENT Mike Delate, Chair Brad Cornell Jan Stevens Steven Bigalow (open) RESOURCE PROTECTION Mike Simonik, Chair Brad Cornell Maureen McCarthy Brenda Fogel Monty Robinson Bill Mc Kinney SPECIAL PROJECTS BUDGET: Bill McKinney, Chair Brad Cornell Mike Simonik EPTAB Review: Brad Cornell, Chair Bill Mckinney Allen Kratz Mike Simonik NRS Staff Liason: Bill Lorenz, Director Environmental Policy Technical Advisory Board E PTB) 1 I Steering Resource Growth Special Protection , Management Project - NRPA - EIS - BUDGET - HPO - Rural - CWA - Cluster - Review - Exotics - EAR - Water Quality - Open/Green Space Work- shops - Air Quality - Land Use - Coastal Zone MP - GMP - Watershed - LDC Stormwater Mqmnt - Habitat Incentives > 00 z 1 /i 0. to I 0 ("I liti 0: 0 oo UJ V) F. I 1 011 + IIIII CC: 10 CC-11 1111 pi a),_ g ..J CI 14 < cc 0 i '- ' al 11111"111111111111111111 I2 inal isconnolii:,2111E ,,0111. El ii IR Elll I 11 1 1 mils, i.Ell Lu .....i 0 :1[411111 In inilinlilliii IN . 11111k, 11 5 in immiNgmommEng V) CD C5 Cr1 (../ > — (.) Z 42) ES1 I- Q E-',) t 03 Z '. g .:. E a. 5 0 < 0 CD W I= II Cl. a) 0 I- co a) 4 0 ..,_ t c 4E" 0 I— E 4/ Z a. to E a. E 4) 5 W a) o cc E- U it; C.D 4. 0 * (-) 0 - CO 0 1 -'? COO 5 -‹ < ci u) c as c as co o > 7 co a) 70 ` 40Z •-`-' .a4 04) (2 > = . ..., z s_ ..... ..- CC t" 0 co —..- 0) o IE. & a) E -- 4' E 4' 0) T: = 0 w tO C 1, O 1--, E i5 Ts c 4 as co w vs a) t co as Ts oc ri U E to to e) to c -0 ii 0 5 w cc ii 2us .,:zu3 cc a) < • c o .E-- () 0> u) w a.) a) s-- OE (3 Euo 'al i5 w1-- 0 C 0 1 a) Ici 0 0 C ,_ 7 a) "a's •-• IF.- 0 c E .e.) c cy, 144 48 tp) Z co I L11 08- E > CUE 0 a (..) 1-6 0 is-) 2 0 1.1-7.4 .2, _ 4_, • E c4,30 (f) (1) 0:1 > 0 En .1= 1-#5 C t13 E < c t... c 7.5_ ($ V) 9 c 0 5 cc 4, . - › E = .2mE 0 4 4) uscali-- Qo .. .-- r( ccErTez0uct se c 7 _ 0 „„ ... — .-: c ± - cEilii Ill CI (b 0 (1) al 49 E D E 47, !_.1-- 9. - Ea s u.i -_- a_ ,.,) as t _c L_ Es c[ 0 .2 0 ci. wWs c Z CO 4-• .) 4 . COC4 41) 4 E • ccS al 41, > > 40 O) -c, V) --1 2 > a) a) .i. N.LLA () if) c w 4) c t- k-s 23... _., ... .ct 0 73 ig 4.4 . (0 a/ I Z) I I I ' FfD 2 cc ri) 71) -0 -cs .73 .04 c c cr. 0 _ LI) CC iD Z .,-C1- 1:5 •= 0r._14.1 0 -ct 4> • io_ (I) .0 0 CO ed (..) s'ZJ J. DD .-1 002 '..J4 Ou.s0a. 0 _1 i o i— NO V Le1 (.Or-- c001 0 l'' N ce) ',ft LI, 1.0 N. CO CA 0i- CV V, 'TI' co 1-. Ntn NI" cr) co r-- co a) CV CV N N N N N CV CV CV CO CI CO C., CO Cr) • • ' /""..., P.... > 0 0 0 _cl 0 W Z 0 I * I. 0 as U-1 1 °:./ ll 4'. V) • i + I • < -J 2 Ne -I 1 Milimmill111M11111111 1 1 1111 -* < . m * . --, 0- a ill_ IH I CC 111 1 il . - x< h 17 111 IIIIIN cb al :11. II :111 I , , .... ... . 1 /1111 LLI inimilmin oromme cn c) • i4 Mil Z L.L1 Ch 0 Ey, 2- .1 I . a_ < 0_ CO CO < 0 C 0_ ii 0 4--e W IS • I * C 0 * co E 0 . 5 • -0 as c 0E 0 to c 0 I o (..) 0 (XS C L. ..-..•r1 CT. ..... I CC) C 1:, E co -• a_ 0 o lei FL ._ .se a) • . E 7.77 E ••tif,- to = .. ,,,, — C4 "' E > cE 03 — "E c a> c ri -02 • (SEL- ccas 41) E 71. — a) ... ii; .c •-- c 0 es ...- „E3 F, ,..,c o . Ti5 cc to (7, cc -. 7) 0? -5 = G) 0 (..) t” •E' 4-) , *-' 0 0 a> a) a, 1,-.. cp 0) L_ II Tis = 0 2 •CI..-- Q3 -0 ea C;) c.) CL -S .51 u 17) al 0 > ...= cc. a, = Q w citt 2 c Z7° t o f d = 0 0 a CI. 0) ms. es as .c Z•i C.) < < ...• -t, .2 • 0 tr, E t E to 144 '5 ll Ili :c7) c t; E .-- as b 4-' i '- crostax 0 1- 6"1 0 m kr, rcs it75 tZzi co w c.) '-cl" E.-) 0V). -, z w (.) co r, co a) 0 l'' N C'e) nt Le, LO r. co a) o 1- N CO "41' Lt) LO 1`•••• CO 01 0 .1••• N C') 'Cl" LC) CO 1".• CO O'S 0 t*) V) CO CO V' 'ct .1:1" Tr 'Cr NI' "ct Tr TI- •ct LC) LC, u, in in in in Lb LI, Li) as CO LO LO LO LO CO tO LO LO r•••. Florida Panther Habitat Restoration Can The 1996 Farm Bill Help ?? Wetland Reserve Program (WRP) WRP is a voluntary wetland restoration, enhancement, and/or creation program designed to reestablish and protect wetlands on private lands. Definitions: Restoration: Returning wetlands to lands that were originally wetland, but were otherwise converted to a non-wetland status. Enhancement: Improving an existing wetland's functional contribution through conservation practices and/or management. Creation: The establishment of functional wetlands on a site where wetlands were not formerly present. There are three levels of applying WRP on private lands. Two involve the placement of long-term conservation easements, which are purchased from the landowner for wetland areas that have been previously drained and used for agricultural production. Easement payment caps have been set by the State Technical Committee for north Florida, south Florida and farmed organic (much soils) at $570/acre, $1,460/acre, and 52,920/acre respectively. 1. Permanent Easement: This is a conservation easement in perpetuity. USDA pays 100 percent of the cost of the restoration activity, and 100% of the easement payment allowed. The easement payment allowed is the lesser value of a) the established payment cap, b) the agricultural value of the land, or c) an amount offered by the landowner. 2. 30-Year Easement: USDA pays 75 percent of the cost of the restoration activity, and 75% of the easement payment allowed that would have been paid for a permanent easement. Therefore; in south Florida(on non-organic soils) the easement payment for a 30-year easement would be 75% of$1,460/acre, or S 1,095/acre provided that the agricultural value of the land, or an offer made by the landowner was not less. 3. Restoration Cost-Share Agreement: This is an agreement with a landowner to restore or enhance degraded wetlands, and maintain the conservation effort on'the property for a minimum of 10 years. USDA pays 75 percent of the cost to restore or enhance the wetland, and the landowner provides the restoration site without reimbursement since there is no easement placed on the property. Prepared BY: Greg-Hendricks.NRCS South Florida Biologist Florida Panther Habitat Benefits From WRP • WRP will provide landscape diversity, beneficial to a many wildlife species, especially aquatic species, wading birds, and waterfowl. • On Farmed Wetlands, Prior Converted Croplands or Farmed Wetland Pastures, WRP may have limited value for panther habitat, due to the inherent loss of natural surroundings and the possible isolation of these wetland on the landscape. • On rangeland, partureland, and forestland where natural wetland hydrology has been significantly degraded, WRP provides ample opportunity to restore and enhance wetland ecosystems that could provide great value to an over-all panther habitat restoration plan. • Although WRP should be considered as a good tool to assist in panther habitat restoration, its greatest value will be mostly received on rangeland, partureland, and forestland where natural wetland hydrology has been significantly degraded. • Consider WHIP as another program well suited for Florida panther habitat restoration. Wildlife Habitat Improvement Program (WHIP) • WHIP's primary purpose is to help private landowners to develop upland wildlife, wetland wildlife, threatened and endangered species, fish, and other types of wildlife habitat. • WHIP is a conservation technical assistance and cost-sharing program where NRCS collects and evaluates natural resource information, and develops Wildlife Habitat Development Plan (WH1DP) to address wildlife habitat conservation needs. • The CCC provides cost-sharing payments to program participants carrying out their 'WHDP conservation contract which last a minimum of 10 years. • Cost-share payments from CCC may not exceed 75% of the cost of the accepted conservation practice being installed as determined by the NRCS. Other funding or cost-sharing from other agencies or organizations is permitted, but may not exceed 100 % of the total installation cost of the practice. • 50 million dollars has been budgeted for WHIP implementation nation-wide through the year 2002. Both WHIP and WRP should be actively developed in S. Florida for panther habitat restoration opportunities. Prepared By: Greg Hendricks. NRCS South Florida Biologist EQIP Fact Stieet--1996 Farm Bill Conservatina Provisions,NRCS http://www.Abg.nrcs.usda.gov/OPA/FB960PA/eqipfact.html UNITED .STATES DEPARTMENT QF AGRICULTURE Natural Resources Conservation Service Pcoplc in P,irtnrr$hip 'fir a Healthy Land USDA r ' - 1 Conservation Pro visions Fact nvironmenta Qua ity ncentives Sheet Program The Environmental Quality Incentives Program (EQIP) was established in the 1996 Farm Bill to provide a voluntary conservation program for farmers and ranchers who face serious threats to soil, water, and related natural resources. Nationally, it provides technical, financial, and educational assistance primarily in designated priority areas-half of it targeted to livestock-related natural resource concerns and the remainder to other significant conservation priorities. Conservation Tools. EQIP is one of several conservation programs making up tools in a "conservation toolbox" of Federal, State, and local programs that farmers and ranchers can use to solve their natural resource concerns. EQIP offers financial, educational,and technical help to install or implement structural, vegetative, and management practices called for in 5-to 10-year contracts for most agricultural land uses. USDA also offers the Conservation Reserve Program(CRP),which puts sensitive croplands under permanent vegetative cover for 10 to 15 years. CRP contract holders receive annual rental payments. Other USDA, federal, State, and local programs provide additional tools for producers to care for our private lands-a shared commitment between public and private interests. Priority Areas and Locally Led Conservation. EQIP works primarily in priority areas where significant natural resource problems exist. In general, priority areas are defined as watersheds, regions, or areas of special environmental sensitivity or having significant soil, water, or related natural resource concerns. These concerns could include soil erosion, water quality and quantity, wildlife habitat,wetlands, and forest and grazing lands. These priority areas are identified through a locally led conservation process. Conservation districts convene a local work group comprised of the district board members and key staff,Natural Resources Conservation Service (NRCS) staff, Farm Service Agency(FSA)county committees and key staffs, Cooperative State Research, Education, and Extension Service and other Federal, State, and local agencies interested in natural resource conservation. The conservation districts bring views of local interests to work groups by gathering community input through the locally led conservation process. They thus help ensure that the work groups develop and implement conservation programs that fully reflect local needs and priorities. The local work group identifies program priorities by completing a natural resource needs assessment and,based on that assessment, develops proposals for priority areas. Priority area proposals are submitted to the NRCS State Conservationist,who selects those areas within the State based on the recommendations from the State Technical Committee. 1 of 3 05/22/97 08:46:18 EQIP Faet Sheet--1996 Farm Bill Conservation Provisions,NRCS http://www.nhq.nres.usda.gov/OPA/FB960PA/egipfact.html EQIP can also address additional significant statewide concerns that may occur outside designated priority areas. In the first year of the program, at least 65 percent of the funds will be used in designated priority areas and up to 35 percent can be used for other significant statewide natural resource concerns. Additional emphasis is given to areas where State or local governments offer financial or technical assistance and where agricultural improvements will help meet water quality and other environmental objectives. Conservation Plans. All EQIP activities must be carried out according to a conservation plan. Conservation plans are site-specific for each farm or ranch and can be developed by producers with help from NRCS or other service providers. Producers' conservation plans should address the primary natural resource concerns. All plans are subject to NRCS technical standards adapted for local conditions and are approved by the conservation district. Producers are not obligated, but are encouraged, to develop comprehensive or total resource management plans. Contracts. EQIP offers 5- to 10-year contracts that provide incentive payments and cost sharing for conservation practices called for in the site-specific plan. Contract applications will be accepted throughout the year. NRCS conducts an evaluation of the environmental benefits the producer offers. Offers are then ranked according to previously approved criteria developed with the advice of the local work group. The FSA County Committee approves for funding the highest priority applications. Applications are ranked according to environmental benefits achieved weighted against the costs of applying the practices. Higher rankings are given to plans developed to treat priority resource concerns to a sustainable level. EQIP seeks to maximize environmental benefits per dollar spent. Practice Payments. Cost sharing may pay up to 75 percent of the costs of c9rtain conservation practices, such as grassed waterways, filter strips, manure management facilities, capping abandoned wells, and other practices important to improving and maintaining the health of natural resources in the area. Incentive payments may be made to encourage a producer to perform land management practices such as nutrient -management, manure management, integrated pest management, irrigation water management, and wildlife habitat management. These payments may be provided for up to three years to encourage producers to carry out management practices they may not otherwise use without the program incentive. Eligibility. Eligibility is limited to persons who are engaged in livestock or agricultural production. Eligible land includes cropland, rangeland, pasture, forestland, and other farm or ranch lands where the program is delivered. The 1996 Farm Bill prohibits owners of large confined livestock operations from being eligible for cost-share assistance for animal waste storage or treatment facilities. However, technical, educational, and financial assistance may be provided for other conservation practices on these "large" operations. In general, USDA has defined a large confined livestock operation as an operation with more than 1,000 animal units. But, because of differences in operations and environmental circumstances across the country, the national definition of a large confined livestock operation may be amended in each State by the NRCS State Conservationist, after consultation with the State Technical Committee, and approval of the NRCS Chief. EQIF Funding. Funding for EQIP comes from the Federal Government's Commodity Credit Corporation, which funds several other USDA conservation programs. EQIP's authorized budget of$1.3 billion is prorated at$200 million per year through the year 2002. Conservation practices for natural resource concernsrelated to livestock production will receive 50 percent of the funding. Total cost-share and incentive payments are limited to $10,000 per person per year and$50,000 for the length of the contract. 2 of 3 05/22/97 08:46:18 EQIP Fact-Sheet-1996 Farm Bill Conservation Provisions,NRCS http://www.nnres.usda.gov/OPA/FB96OPA/egipfact.html NRCS has leadership for EQIP. It works with FSA to set the program's policies, priorities, and guidelines. EQIP continues the Department's commitment to streamlining and improving its conservation programs. Four of USDA's former conservation programs were.combined in EQIP: the Agricultural Conservation Program,Water Quality Incentives Program, Great Plains Conservation Program, and the Colorado River Basin Salinity Control Program. For more information NRCS, FSA, the local Extension Service, or your local conservation district can provide more information. Local USDA Service Centers are listed in the telephone book under U.S. Department of Agriculture. Information is also available here on NRCS's World Wide Web site. NRCS homepage I USDA homepage NACD homepage • 3 of 3 05/22/97 08:46:19 -cvetlands Reserve Program Fact Shee...Bill C—>servation Provisions,NRCS http://www.tillaiLarcs.usda.gov/OPA/FB960PA/WRPfact.html UNITED STATES DEPARTMENT OF AGRICULTURE Natural Resources Conservation Service Pro1+lr in P1rtnrrship inr a flralthy 1.1nc1 USDA19961Y Conservation Pro visions Fact Sheet 'et an s s ' eserve ' rogram The Wetlands Reserve Program(WRP) is a voluntary program to restore and protect wetlands on private property. It is an opportunity for landowners to receive financial incentives to enhance wetlands in exchange for retiring marginal agricultural land. How Does WRP Benefit You? Wetland Functions and Values You will: Providing fish and wildlife habitat; • Receive nancial •compensation; • fiImproving water quality by filtering • Enhance wetland values that benefit you sediments and chemicals; and society; • Reducing flooding; • Reduce problems associated with farming o Recharging groundwater; potentially difficult •areas; • Protecting biological diversity; and • Practice conservation stewardship; and Furnishing educational, scientific, • Provide recreational opportunities. recreational, and esthetic benefits. Background Congress authorized WRP under the Food Security Act of 1985, as amended by the 1990 and 1996 Farm Bills. The U.S. Department of Agriculture's (USDA)Natural Resources Conservation Service (NRCS) administers the'program in consultation with the Farm Service.Agency (FSA) and other Federal agencies. Funding for WRP comes from the Commodity Credit Corporation. Sign-up States were authorized to begin a continuous sign-up as of October 1, 1996. Check with your local USDA Service Center or conservation district office for the sign-up schedule'in your State. How the Program Works Landowners who choose to participate in WRP may sell a conservation easement or-enter into a cost-share restoration agreement with USDA to restore and protect wetlands. The landowner voluntarily limits future use of the land, yet retains private ownership. The landowner and NRCS develop a plan for the restoration and maintenance of the wetland. 1 of 3 10/18/96 10:34:54 Wetlands Reserve Program Fact Shee...Bill C9nservation Provisions,NRCS http://www.nhA.nres.usda.gov/OPA/FB96OPA/WRPfact.html The program offers landowners three options: permanent easements, 30-year easements, and restoration cost-share agreements of a minimum 10-year duration. Permanent Easement. This is a conservation easement in perpetuity. Easement payment will be the lesser of: the agricultural value of the land, an established payment cap,or an amount offered by the landowner. In addition to paying for the easement,USDA pays 100 percent of the costs of restoring the wetland. _ 30-Year Easement. This is a conservation easement lasting 30 years. Easement payments are 75 percent of what would be paid for a permanent easement. USDA also pays 75 percent of restoration costs. Restoration Cost-Share Agreement. This is an agreement(generally for a minimum of 10 years in duration) to re-establish degraded or lost wetland habitat. USDA pays 75 percent of the cost of the restoration activity. This does not place an easement on the property. The landowner provides the restoration site without reimbursement. Other agencies and private conservation organizations may provide additional assistance for easement payment and wetland restoration costs as a way to reduce the landowner's share of the costs. Such special partnership efforts are encouraged. Eligibility Landowner. To offer a conservation easement, the landowner must have owned the land for at least 1 year prior to enrolling the land in the program unless the land was inherited or the landowner can prove the land was not obtained for the purpose of enrolling it in the program. To participate in a restoration cost-share agreement, the landowner must show evidence of ownership. Land. To be eligible for WRP, land must be restorable and be suitable for wildlife benefits. This includes: • Wetlands farmed under natural conditions; • Farmed wetlands; • Prior converted cropland; • Farmed wetland pasture; • Farmland that has become a wetland as a result of flooding; • Rangeland, pasture, or production forestland where the hydrology has been significantly degraded and can be restored; • Riparian areas which link protected wetlands; • Lands adjacent to protected wetlands that contribute significantly to wetland functions and values; and • Previously restored wetlands (Conservation Reserve Program [CRP] land is eligible if it meets WRP requirements). Ineligible Land. Ineligible land includes wetlands converted after December.23, 1985; lands with timber stands established under a CRP contract; Federal lands; and lands where conditions make restoration impossible. Uses of WRP Land A landowner continues to control access to the land--and may lease the land--for hunting, fishing,and other undeveloped recreational activities. At any time, a landowner may request that additional activities be evaluated to determine if they are compatible uses for the site. This request may include such items as permission to cut hay, graze livestock or harvest wood products. Compatible uses are allowed if they are fully consistent with the protection and enhancement of the wetland. Cooperating Agencies 2 of 3 10/18/96 10:34:54 Wetlands-Reserve Program Fact Shee...Bill Conservation Provisions,NRCS http://www.nhq.nres.usda.gov/OPA/FB96OPA/WRPfact.html Additional information on WRP is available from USDA Service Centers, State Cooperative Extension offices, and local conservation districts. RESTORING AMERICA'S WETLAND HERITAGE--IT'S IN YOUR HANDS. NRCS homepage I USDA homepage 10/18/96 10:34:55 3of3 ft/0-`1-5 4/0-0,; STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Helping Floridians create safe, vibrant, sustainable communities" LAWTON CHILES JAMES F.MURLEY Governor Secretary {ryzoi December 24, 1997 DEC 3 91997 COMMUNITY DEVELOPMENT The Honorable Timothy L. Hancock, Chairman Collier County Board of County Commissioners 2800 North Horseshoe Drive Naples, Florida 33942 Dear Chairman Hancock: The Department has completed its review of the adopted Comprehensive Plan Amendments for Collier County(DCA No.97-1ER), as adopted on October 28, 1997, and determined that portions of the Ordinance Nos. 97-56, 97-59, 97-61, 97-63, 97-64, 97-66 and 97-67 do not meet the requirements of Chapter 163, Part II, Florida Statutes (F.S.), for compliance and that portions of Ordinance Nos. 97-53, 97-54, 97-55, 97-57, 97-58, 97-60, 97-62 and 97-65 do meet the requirements of Chapter 163, Part II, F.S., for compliance. The Department is issuing a Statement of Intent and Notice of Intent to find the Comprehensive Plan Amendments Not in Compliance for portions of Ordinance Nos. 97-56, 97-59, 97-61, 97-63, 97-64, 97-66 and 97-67 and In Compliance for portions of Ordinance Nos. 97-53, 97-54, 97-55, 97-57, 97-58, 97-60, 97-62 and 97-65. The Notice of Intent has been sent to the Naples Daily News for publication on December 25, 1997. - _ Please note that a copy of the adopted Collier County Comprehensive Plan Amendment, the Department's Objections, Recommendations and Comments Report dated December 19, 1997, the Notice of Intent and the Departments Statement of Intent to find the Comprehensive Plan Amendments Not in Compliance must be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Collier County Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples. Florida 33942. 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399 -2100 Phone: 850.488.8466'5_-com 2-8.8466 FAX: 850.921 .07811Sunrom 291 .'C781 Internet access: ':'p://w•w‘. 5:ate.tl.us/comatf/dca.^'ml FLORIDA KEYS GREE\say AMP SOLTH FLORIDA RECOVERY OFFICE Area oi Critical Stale Concern Fielc e ?=z u Cnticai are-: :ems frc d Oe cr r O F'"` 2716 Overseas Highway.Suite 2 F: Iii E_:`_--z•^n •. \\\ 3- SL HA Mantnm 130iM:2" =a.. �ti- _ -:631 The Honorable Timothy L. Hancock December 24, 1997 Page Two In addition, the Notice of Intent and the Statement of Intent will be forwarded to the Division of Administrative Hearings of the Department of Management Services for the scheduling of an administrative hearing pursuant to Section 120.57, Florida Statutes. I am interested in meeting with you and your designee at your convenience for the purpose of negotiating an agreement that will bring your plan amendment into compliance. My staff and I are available to discuss your plan amendmentwith you. Another letter will be sent to you that includes additional information about the administrative hearing process and compliance agreements. If you have any questions, or are interested in discussing a compliance agreement, please contact Steve Atkins, Planner IV, Roger Wilburn, Community Program Administrator, or Charles Gauthier, Growth Management Administrator at (904) 487-4545. Sincerely, Ct_44 Sa•-• (fr) J. Thomas Beck, Chief Bureau of Local Planning JTB/saj Enclosures: Notice of Intent Statement of Intent - - cc: Vincent A. Cautero, AICP, Administrator Wayne E. Daltry, Executive Director, Southwest Florid Regional Planning Council STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF INTENT TO FIND THE COLLIER COUNTY COMPREHENSIVE PLAN AMENDMENTS ADOPTED BY ORDINANCE NOS. 97-56,97-59, 97-61,97-63, 97-64, 97-66,AND 97-67 NOT IN COMPLIANCE AND THE COMPREHENSIVE PLAN AMENDMENTS ADOPTED BY ORDINANCE NOS.'97-53, 97-54,97-55,97-57,97-58,97-60,97-62,AND 97-65 IN COMPLIANCE DOCKET NO. 971ER-NOI-1101-(A)-(N) The Department gives notice of its intent to find the Amendments to the Comprehensive Plan for Collier County,adopted by Ordinance Nos.97-56, 97-59,97-61,97-63, 97-64, 97-66 and 97-67,on October 28, 1997,NOT IN COMPLIANCE,and Amendments adopted by Ordinance Nos.97-53,97-54, 97-55,97-57,97-58,97-60, 97-62 and 97-65,on October 28, 1997,IN COMPLIANCE,pursuant to Sections 163.3184, 163.3187 and 163.3189,F.S. The adopted Collier County Comprehensive Plan Amendments,the Department's Objections, Recommendations, and Comments Report(if any), and the Department's Statement of Intent to find the Comprehensive Plan Amendments Not In Compliance will be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Collier County Com- prehensive Planning Section,2800 North Horseshoe Drive,Naples,Florida 33942. Any affected person,as defined in Section 163.3184,F.S.,has a right to petition for an admin- istrative hearing to challenge the proposed agency determination that the Amendments to the Collier County Comprehensive Plan are In Compliance,as defined in Subsection 163.3184(1), F.S. The peti- tion must be filed within twenty-one(21)days after publication of this notice, a copy must be mailed ar delivered to the local government and must include all of the information and contents described in Rule 9J-11.012(7), F.A.C. The petition must be filed with the Agency Clerk,Department of Community Affairs,2555 Shumard Oak Boulevard,Tallahassee, Florida 32399-2100. Failure to timely file a peti- tion shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Sections 120.569 and 120.57,F.S. If a petition is filed,the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no peti- tion is filed,this Notice of Intent shall become final agency action. This Notice of Intent and the Statement of Intent for those amendments found Not In Compliance will be forwarded by petition to the Division of Administrative Hearings(DOAH)of the Department of Management Services for the scheduling of an Administrative Hearing pursuant to Sections 120.569 and 120.57,F.S. The purpose of the administrative hearing will be to present evidence and testimony on the noncompliance issues alleged by the Department in its Objections,Recommendations, and Comments Pv,,.r+.,...i Cr,�o.,.e..r..FT..re..♦:.. ..-.L...... ......-,. -.____ __.1._., --�--r--r----J:__ . .I_.e._•_..._. • STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN RE: COLLIER COUNTY ) COMPREHENSIVE PLAN ) AMENDMENT 971ER ) ADOP i h1) BY ORDINANCE ) DOCKET NO. NUMBERS 97-53, 97-54, 97-55, ) 971ER-NOI-1101- (A)- (N) 97-56, 97-57, 97-58, 97-59, 97-60,) 97-61, 97-62, 97-63, 97-64, 97-65,) 97-66, AND 97-67 ON ) NOVEMBER 14, 1997 ) ) STATEMENT OF INTENT TO FIND COMPREHENSIVE PLAN AMENDMENTS NOT IN COMPLIANCE The Florida Department of Community Affairs hereby issues its Statement of Intent to find Collier County's Comprehensive Plan Amendment 971ER,which modifies the elements of the Comprehensive Plan, Not in Compliance based upon the Objections, Recommendations and Comments (ORC)Report issued by the Department on July 6, 1997, in relation to Comprehensive Plan Amendment 971ER. The ORC Report is hereby incorporated by reference. The Department finds that plan amendments adopted by Ordinance Numbers 97-56, 97-59, 97- 61, 97-63, 97-64, 97-66, and 97-67 are not"in compliance," as defined in Section 163.3184(1)(b), Florida Statutes (F.S.), because they are not consistent with the requirements of Section 163.3177, F.S., the State Comprehensive Plan, and Rule Chapter 9J-5, Florida Administrative Code (F.A.C.), for the following reasons: I. INTERGOVERNMENTAL COORDINATION ELEMENT (Ordinance Number 97-56) A. Inconsistent Provisions. The inconsistent provisions of the plan amendment under this subject heading are as follows: 1. The County's comprehensive plan permits schools to be located in all land uses, including rural and conservation. It excludes schools only from jurisdictional wetlands. This permissiveness, especially with regard to rural and conservation lands, could encourage urban sprawl. Neither Policy 1.2.6, nor policies elsewhere in the comprehensive plan, establish guidelines or criteria to ensure that schools are located proximate to residential development; does not identify what land uses may be incompatible with schools, and does not provide that schools should not be located on environmentally sensitive lands such as unique native habitats and habitats for endangered species. [Section 163.3177(6)(a), F.S.] B. Recommended Remedial Action(s): Revise Ordinance 97-56 to establish to establish guidelines or criteria in Policy 1.2.6 to ensure that schools are located proximate to residential development; identify land uses which may be incompatible with schools, and provide that schools should not be located on environmentally sensitive lands II PUBLIC FACILITLhS ELEMENT/NATURAL GROUNDWA 1'ER AOUIFER RECHARGE SUB-ELEMENT (Ordinance Number 97-59) A. Inconsistent Provisions. The inconsistent provisions of the plan amendment under this subject heading are as follows: 1. The County revised Objective 1.2 to provide that the Ground Water Protection Ordinance shall be implemented to protect ground water resources and aquifer recharge areas. The objective does not define an aim, intent or effect that can be meaningfully measured. Specifically, the objective does not define the level of protection that is to be afforded ground water resources and aquifer recharge areas by application of the Ground Water Protection Ordinance. [Rules 9J-5.003(86) and 9J-5.011(2)(b)5., F.A.C.] 2. The County revised Policies 1.2.1 through 1.2.4 to provide that the Ground Water Protection Ordinance will be applied to existing and future development. These policies are vague and do not establish guidelines, standards, or criteria for applying the Ground Water Protection Ordinance to development and thereby protecting the functions of groundwater recharge areas. [Rules 9J-5.003(95) and 9J-5.011(2)(c)4., B. Recommended Remedial Actions: 1. Amend Ordinance 97-59 to define an aim, intent, or effect for Objective 1.2 that can be meaningfully measured. - - 2. Amend Ordinance 97-59 to establish guidelines or criteria in Policies 1.2.1 through 1.2.4 for applying the Ground Water Protection Ordinance to development and thereby protect the functions of gfroundwater recharge areas. III. PUBLIC FACILITIES ELEMENT /DRAINAGE SUB-ELEMENT (Ordinance Number 97-61) A. Inconsistent Provisions. The inconsistent provisions of the plan amendment under this subject heading are as follows: 1. The County revised Policy 1.1.2 to provide that procedures in the land 2 development code as well as those delegated by the South Florida Water Management District(SFWMD) will be implemented to ensure that pre- and post- development discharge rates are monitored and adequate water management capacity will be available to serve approved developments. The policy does not specify guidelines, standards, or criteria for discharge rates and adequate water management capacity, and, therefore does not provide for the protection of natural drainage features. [Rules 9J-5.003(95) and 9J-5.011(2)(c)4., F.A.C.] B. Recommended Remedial Action: 1. Amend Ordinance 97-61 to establish guidelines or criteria in Policy 1.1.2 for discharge rates and adequate water management capacity and thereby provide protection for natural drainage features. IV. HOUSING ELEMENT (Ordinance 97-63) A Inconsistent Provisions. The inconsistent provisions of the plan amendment under this subject heading are as follows: 1. The County has not used the best data available for determination of farmworker housing needs. The University of Florida, Shimberg Center has provided recent (1996) estimates of farmworker housing needs for each county in the State; for Collier County, these data indicate a deficit of 2,645 units. Collier County has declined to include such data in its Housing Element because they believe it does not reflect recent downturns in agricultural business there. The County, however, does not include any information to support their contentions. Without inclusion of the best available data, development of pertinent objectives and policies to address farmworker housing needs is hindered. [Rules 9J-5.005(2)(c), 9J- 5.010(2)(b), 9J-5.010(3)(b)1., and 9J-5.010(3)(c)5., F.A.C.] 2. Ordinance 97-63 does not include policies which provide guidelines or criteria for the location of farmworker housing. [Rule 9J-5.010(3)(c)5., F.A.C.] B. Recommended Remedial Actions: 1. Amend Ordinance 97-63 to include the best available data regarding housing needs for farmworkers in Collier County, and revise or add plan objectives and policies, as necessary, to address any deficiencies. 2. Amend Ordinance 97-63 to include policies that provide guidelines and criteria for the location of farmworker housing. Such guidelines and criteria may provide that farmworker housing shall be located proximate to places of work, transit services, hospitals, etc. 3 V. GOLDEN GATE AREA MASTER PLAN (Ordinance Number 97-64) A. Inconsistent Provisions. The inconsistent provisions of the plan amendment under this subject heading are as follows: 1. The County added a policy(Policy 2.1.4)which provides that Chapter 28-25, F.A.C., will be applied to those South Golden Gate Estates (SGGE)units located within the Big Cypress Area of Critical State Concern(ACSC) and deletes a policy(Policy 2.2.3)that had provided Chapter 28-25, F.A.C., was to be applied to all lands in SGGE, not just those within the ACSC. Chapter 28-25, FAC., establishes limitations on site alteration, construction of drainage facilities, and construction of transportation facilities. By excluding application of Chapter 28- 25, F.A.C., to those lands within the SGGE area, but outside of the ACSC, the County provides for a lesser degree of protection for natural resources there. The County has not provided data and analysis which demonstrate that natural resources, such as wetlands, native habitats, and listed species, will be adequately protected within that portion of the SGGE area located outside the ACSC. [Rules 9J-5.005(2)(a), 9J-5.013(2)(c)3., 9J-5.013(2)(c)5., 9J-5.013(2)(c)6., 9J- 5.013(2)(c)9., 9J-5.013(3)(a), and 9J-5.013(3)(b), F.A.C.] B. Recommended Remedial Action: 1. Amend Ordinance 97-64 to include data and analysis which evaluates existing resources, including wetlands, native habitats, and listed species, within the South Golden Gate Estates area; evaluates the level of protection provided to said resources via implementation of relevant Plan policies; and to amend Policy 2.1.4, or add new, additional policies to provide for the protection of said resources consistent with that provided in Chapter 28-25, F.A.C. VI. CONSERVATION AND COASTAL MANAGEMENT ELEMENT (Ordinance Number 97-66) A. Inconsistent Provisions. The inconsistent provisions of the plan amendment under this subject heading are as follows: 1. Objective 1.3, as well as an associated objective (Objective 1.1) and policies (Policies 1.1.1, 1.1.2, 1.1.3, and 1.3.1) provide for the protection of natural resources through establishment of Natural Resource Protection Areas. The County revised Objective 1.3 to provide that Natural Resource Protection Areas shall be nominated in accordance with a Board-approved process. The County . indicates that this process is described in a new Appendix D in the support document. However, this Appendix was not provided in adopted Ordinance 97- 66. In the absence of this information relative to the nomination process, it is uncertain whether the Natural Resource Protection Area program can serve as an effective means for protecting the County's resources. The County's objectives and policies relative to the Natural Resource Protection Areas are therefore not supported by adequate data and analysis. [Rules 9J-5.005(2)(a), 9J-5.012(3)(b), 9J-5.012(3)(c), 9J-5.013(2)(b)2.- 4, 9J-5.013(2)(c), and 9J-5.013(3), F.A.C.] 2. Although the County indicated that an analysis and inventory of natural disaster concerns (to include estimates of the number of persons requiring evacuation, the number of persons requiring public shelter, the number of shelter spaces available, evacuation routes, constraints on evacuation, and evacuation times)was to be included in a new Appendix E in the support document for the Conservation and Coastal Management Element, Appendix E was not included in the adopted amendment. The County therefore does not include data and analysis necessary to support Objective 12.1, which serves to maintain or reduce hurricane evacuation times, or Policy 12.1.2, which serves to promote maintenance and reduction of hurricane evacuation times through regulation of land use amendments. [Rules 9J- 5.005(2)(a), 9J-5.012(2)(e)1., 9J-5.012(3)(b)7., F.A.C, and 9J-5.012(3)(c)4., 3. The County revised Policy 12.2.5 to define the Coastal High Hazard Area as that area"lying within the Category 1 evacuation zone as determined by the Emergency Management Director." This definition is inaccurate and should be the Category 1 evacuation zone as defined in the Regional Evacuation Study. [Rules 9J-5.003(19), and 9J-5.12(3)(c)7., F.A.C.] 4. Objective 6.3 was revised to clarify that transitional zone wetlands chail be those defined by State and Federal permitting requirements. The revised objective lacks a meaningful measure, requiring only that a"portion" of said wetlands shall be preserved in non-agricultural development. The objective therefore does not provide for the protection of wetlands. [Rules 9J-5.003(86) and 9J-5.012(3)(b)1., F.AC.] 5. Objective 7.3 was revised to provide that the County shall continue to develop and implement programs for protecting wildlife by including measures for the protection/relocation of listed species. The revised objective remains vague as to the level of protection to be afforded listed species and, therefore, does not provide for the protection of said species. [Rules 9J-5.003(86) and 93- 5.013(2)(b)4., F.A.C.] 6. Objective 9.4 was revised to provide that the County shall implement the existing local storage tank compliance program to protect water quality. The revised objective remains vague as to the extent water quality is to be protected by this program and, therefore, does not provide for the protection of ground water resources. [Rules 9J-5.003(86) and 9J-5.013(2)(b)2., F.A.C.] 7. Objective 9.5 was revised to provide that the County shall implement its Ground Water Protection Ordinance to regulate the use of septic tanks serving industrial activities. The revised objective remains vague as to the extent water quality is to be protected by this Ordinance and, therefore, does not provide for the protection of ground water resources. [Rules 9J-5.003(86) and 9J-5.013(2)(b)2., F.A.C.] 8. Objective 11.6 was revised to provide that the County shall implement the Coastal Barrier and Beach System Management Program(of the LDC) by conserving habitats, species, shoreline and dunes within the coastal zone. The revised objective remains vague as to the level of protection to be afforded coastal resources and, therefore, does not provide for the protection of coastal resources. [Rules 9J-5.003(86), 9J-5.012(3)(b)1., 9J-5.013(2)(b)2., 9J-5.013(2)(b)3., and 9J- 5.013(2)(b)4., F.A.C.] B. Recommended Remedial Actions: 1. Amend Ordinance 97-66 to include data and analysis relative to the nomination process for Natural Resource Protection Areas and which demonstrate that the Natural Resource Protection Area program is viable and sufficient to protect the County's natural resources. 2. Amend Ordinance 97-66 to include an analysis and inventory of natural disaster concerns (iincluding the number of persons requiring evacuation, the number of persons requiring public shelter, the number of shelter spaces available, evacuation routes, constraints on evacuation, and evacuation times). 3. Amend Ordinance 97-66 to define the Coastal High Hazard Area(CHHA) in Policy 12.2.5 consistent with Rule 9J-5.003(19), F.A.C. The CHHA should be defined as the Category 1 evacuation zone as delineated in the Regional Evacuation Study. 4. Amend Ordinance 97-66 to define an aim, intent, or effect for Objective 6.3 that can be meaningfully measured and thereby provide for the protection of wetlands in non-agricultural development. 5. Amend Ordinance 97-66 to define an aim, intent, or effect for Objective 7.3 that can be meaningfully measured and thereby provide for the protection of listed species. 6. Amend Ordinance 97-66 to define an aim, intent, or effect for Objective 9.4 that can be meaningfully measured and thereby provide for the protection of ground water resources. 7. Amend Ordinance 97-66 to define an aim, intent, or effect for Objective 9.5 that can be meaningfully measured and thereby provide for the protection of ground water resources. 8. Amend Ordinance 97-66 to define an aim, intent, or effect for Objective 11.6 that can be meaningfully measured and thereby provide for the protection of coastal resources. VII. FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP (Ordinance Number 97-67) A. Inconsistent Provisions. The inconsistent provisions of the plan amendment under this subject heading are as follows: 1. The County indicates that policies for the protection potable water wellfields are included in Policy 3.1.d of the Future Land Use Element and revised Policies 1.2.1 and 1.2.2 of the Natural Ground Water Aquifer Recharge Sub-Element. These referenced polices provide only that the County's Ground Water Protection Ordinance shall be implemented to protect wellfields. They do not specify what are appropriate land uses in wellfield protection areas. [Rules 9J-5.003(95) and 9J-5.006(3)(c)6., F.A.C.] 2. The County revised the Future Land Use Map to delineate the Coastal High Hazard Area(CHHA)based on the Category 1 storm evacuation zone as determined by the Emergency Management Director. This delineation is inaccurate and not based on the best available data. The CHHA should be delineated based on the Category 1 storm evacuation zone as defined by the Regional Evacuation Study, not as by the Emergency Management Director. The CHHA identified on the revised Future Land Use Map is inconsistent with the Regional Evacuation Study(1995 update) because it does not include all of the Copeland/Fakahatchee evacuation zone. [Rules 9J-5.003(19), 9J-5.005(2)(c), and 9J-5.006(4)6., F.A.C.] B. Recommended Remedial Actions: 1. Amend Ordinance 97-67 to provide guidelines or criteria in Policy 3.1.d for applying the Ground Water Protection Ordinance to land use approvals and which identify land uses which are inappropriate for protection of wellfields. 2. Amend Ordinance 97-67 to delineate the Coastal High Hazard Area on the Future Land Use Map based on the Category 1 evacuation zone as defined in the Regional Evacuation Study. The CHHA may include an area greater that that defined in the Regional Evacuation Study; but in no case should it be less than that area. VIII. ADDITIONAL COMMENTS In addition to the non-compliance issues noted above, Department advises of the following as Comments to the respective ordinance: A. TRANSPORTATION ELEMENT (Ordinance 97-62) 1. Although the County indicated that the support document will be amended to include an evaluation of its storm evacuation facilities, a revised support document containing such evaluation was not provided in the adopted amendment as required by Rule 9J-5.019(3)(c), F.A.C. B. HOUSING ELEMENT (Ordinance 97-63) 1. Objective 2 is inconsistent with Objective 1 of the Housing Element. Both objectives refer to the County's annual goal for the provision of housing units affordable to very low, low, and moderate income households; however, Objective 1 indicates the goal is 500 units,while Objective 2 indicates it is 750 units. IX CONSISTENCY WITH.THE STATE COMPREHENSIVE PLAN A. Inconsistent Provisions. The inconsistent provisions of the plan amendment under this subject heading are as follows: 1. Amendment 971ER is inconsistent with the following policies of the State Comprehensive Plan(Chapter 187, F.S.): a) Water Resources. Policy 8.2, to protect the functions of water recharge areas. b) Water Resources. Policy 8.9, to protect aquifers from depletion and contamination. - - c) Water Resources. Policy 8.10, to protect surface and groundwater quality and quantity. d) Water Resources. Policy 8.12, to eliminate discharge of inadequately treated stormwater runoff into waters of the state. e) Coastal and Marine Resources: Policy 9.4, to protect coastal resources from to adverse effects of development. f) Coastal and Marine Resources: Policy 9.9, to prohibit development which disturbs coastal dune systems. g) Natural Systems and Recreational Lands. Policy 10.1, to conserve wildlife. h) Natural Systems and Recreational Lands. Policy 10.3, to protect endangered species. i) Natural Systems and Recreational Lands. Policy 10.7, to protect wetlands. j) Plan Implementation. Policy 26.7, to ensure local plans implement and reflect state goals and policies and address problems of concern in a particular region. B. Recommended Remedial Action. These inconsistencies may be remedied by taking the following action: 1. Revise the plan amendment to be consistent with the State Comprehensive Plan including the above-referenced policies. CONCLUSIONS 1. The plan amendments adopted by Ordinances 97-56, 97-57, 97-59, 97-61, 97-63, 97-64, 97-66, and 97-67 are not consistent with the State Comprehensive Plan. 2. The plan amendments adopted by Ordinances 97-56, 97-57, 97-59, 97-61, 97-63, 97-64, 97-66, and 97-67 are not consistent with Chapter 9J-5, F.A.C. 3. The plan amendments adopted by Ordinances 97-56, 97-57, 97-59, 97-61, 97-63, 97-64, 97-66, and 97-67 are not consistent with Section 163.3177, F.S. 4. The plan amendments adopted by Ordinances 97-56, 97-57, 97-59, 97-61, 97-63, 97-64, 97-66, and 97-67 are not"in compliance," as defined in Section 163.3184(1)(b), F.S. 5. In order to bring this portion of the plan amendment into compliance, Collier County may complete the recommended remedial actions described above or adopt other remedial actions that eliminate the inconsistencies. Executed this day of December, 1997, at Tallahassee, Florida. Charles G. Pattison, Director Division of Resource Planning and Management Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 SUMMARY OF ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD (EPTAB) CHARTER OBJECTIVES * Identify, study, evaluate, and provide technical recommendations to the board (of Commissioners of Collier County) on programs necessary for . . . conservation, management, protection of air, land, water resources and environmental quality * Assist in : establishing goals and objectives : developing and revising rules, ordinances, regulations, programs : implementation and development of growth management : identifying and recommending solutions to existing and future environmental issues * Technical advisory committee to County environmental resources management program * Provide for public coiiuuent OTHER EPTAB is reviewed every 4 years for major accomplishments. The next audit is 1998 . An annual review of all accomplishments should be compiled and filed with BCC. EPTAB COMMITTEE ASS"—YMENTS December, 199i GENERAL CHAIR: Brad Cornell VICE-CHAIR: Mike Simonik STEERING Bill Mc Kinney, Chair Allen Kratz Mike Delate Brad Cornell Mike Simonik GROWTH MANAGEMENT Mike Delate, Chair Brad Cornell Jan Stevens Steven Bigalow (open) RESOURCE PROTECTION Mike Simonik, Chair Brad Cornell Maureen McCarthy Brenda Fogel Monty Robinson Bill Mc Kinney SPECIAL PROJECTS BUDGET: Bill McKinney, Chair Brad Cornell Mike Simonik EPTAB Review: Brad Cornell, Chair Bill Mckinney Allen Kratz Mike Simonik NRS Staff Liason: Bill Lorenz, Director Environmental Policy Technical Advisory Board (F PTA B) 1 i - 1 l Steering Resource Growth Special Protection Management Project - NRPA - EIS - BUDGET - HPO - Rural - CWA - Cluster - Review - Exotics . - EAR - Water Quality - Open/Green Space - Work- shops - Air Quality - Land Use - Coastal Zone MP - GMP - Watershed - LDC Stormwater Mgmnt ^ Habitat Incentives ...., > 00 Z I H CV: O. 0 t i 0 1 x i CC i I i 13*11101111 + II MCC+ 111CICI---1:—. co Elf/. 0 cr) LIJ CO 1:ICr) 0 < 0 • --I , 0 = -) IF Eldlillk Ilk IIIIMM I 1111111111111111171 i Z 1 t In •,-.1 I CC 12 < I- I 11111111.11/1 1 1 z ii.10 w rn in 2 h 0 , ci.cc co ,,,,, 1 1 . LI., mg 1 i MEI. ,_ ...„ .L. . .- L1.1 1 ' 1ME II lalk IrCC il Hi I ° — cc a . . ,..„ . ii (.., ION IIV I lig _ i mom i ; r.,) 10 O cr) i a 4E' z a) 0) 2 < - ci 0 I Z . v) < 0 < a) R- _J 0 Eri H Cl- a) ID F- co © , E' I- E 0 z CL a_ 0E1 1.11 E a) tv 0- O CC . C.) as >s c z 4. 0> g 1 / 46 0 0 CC •U 0 cp ,..e•,o 0 CO C .1:: 0, — C - as 2 : C 1-. as Ts Fp . 0 a 0 e:z 0 (0 --5 -‹ -0 o < 0a) 1-E) c!7. (130 (0) .64<101Z / CO: .504 t =1 a)• ". • c 1 o I .2 CL a> E --- (I' E r'l 413 e, L-- ..--, - a) .-E 0 ' Ei-01 -oi , al e wit7)1 owl 75! EL ro E 0 ti cc:) 1.6 .2) co -0 E ai 5 w CC _ 2 as < 0 1 :z1ri In' w a) 0 1- 0 a) ., 0 Ei9 E 6 Tit LI 1-1-I 0 >1 I-- t' -a- 0 a)!- 0 c a) k•r a) olt as 3 c) o c ,_ c E .0 c} '-: 1.= 0 a5 (15 N C 14.1 CF D i 043 -.- a .---- --, 01 (.0 . z co E ci„ Iii- E Z .41 Ei 00 03 c 1 1:1_ -) ....., .T o w , 0 i .-. (T, •ri iy. cc, 0 . E LU -) -1 _ o rn 5 o (/) ,I.L=i to c w E < c fii2ri (") ,w w ti 2 o ,-,c/ .zi,...), •.; 0! =I 4,21 . c ..., 1-- Q ,0 =, Lii 0 2 ...-• s.-, cc . E .2 . z (:.) 0 t ti i . -... - • • 4.-; c .. ...6 1,5 .1.1 a) (..) m5 kt) 7 u..1H 1 ii,,. Wti I- - as 0._c I E 0 CC c0 LU N 0 ° -cT- .- 61 _c (7) w 4., .2 fi -,.. ._,,0 , , 0 •TD 1 7 = w! 6 as 2- '- L/2 ir, › Wk/)I v) -0 cr) .-1 2 CI> CD 2 *..4 to c t a) a) .....-, Li3-, CD i --- 451< 40 < ' 3 i 2 cc v) -I 73 "iii • ° co .41 0 ili la-) -1 c L- 715 -0 -0 .,-,3 .1) O Q4 0 < a, . cl.. . _750 0 2 (.) C-) _Ti 2ID D < 00 2 (• -:cii -C.31w 6- u_ 0 cc _i 1 i C ,- cv co -cr U, co r•-• co a) 0 tt- cv co '7 L( '(0 N co a) 0 i- N co V uo 1- 0.11cO •cr 1.0 wk. co cp NNNNO.INNNNNCO co co co co co -.. .... ,..... > 00 g _c) z 0 1-- (-) 0 ao a: 0 an LLI fI) 1:11-Cn 6:4 :1 ...1.' I ''. I I I III ; I . • • + III 0 • Z • -5) I 1 I IIIMMI I IMEMENINIIMEN I I 111111 ilitil Mil :.• • . • . 11111a;:t i Ord !MIN cc al IL IN in 1111111111 .11111111.1 Jill w co ; t.! Ili I-Luj itillliiti II mmum_LD--., NEE -J rz ENIMMIllt 1-7'ENE mu tin . iimmonsmumpumm . . ION . . v) ,.., ii c‘i . 1.....c„ • :it:.. 2 usa" as z ..2. ... < _1 a. ca 0 a 0 C 1— co 0 a_ ti:21 Lu1 .----... < <DI 0 0) -0 • • E -..-7. • < . c _ 0 as as 0 .4- all 1 e al L'I i -- E :ci: c! —-17s iz cal 21 c C 0 05 — c 5E7 C as c 1 Lcs -6 a) c tom E ol Wsul 115 in 0 •-sz as -0 co c < U 8 ou 0 co U-1 —%e 6 S.--0 1-3 . . ., = O 41 cl Ti "E' ci) c..) T., a) o .=.- o (4 01 ,_ o >-,1 E ,C;) m id cl-• c, ,..,c 1 E "ra 0 it H-2/ F--; C o as i ---1 ; t's- cc .L.' fis cT- -§ ifE i.7.) on = >1 4), I 'F-2 51 b- , t .12 E- ed , IT us , L- ' g 2,15 ti.) 4,el 1-, o 0 (@) 0, 03 a) 1.*(3 ) (4°) 6- -0 01.) -) i 1 -... c • A /CL 0) c tj 0 = 70101 (1) .0' . 6 >%12 Lki 0, C'd 49] W 1C) L.) l'2 ccxmcrozo Tt = 0 t —co M U — Lu c a) - ._, 0 "s{ cDIEticci < 0 -0 co cy o o CO -J i 0 4. -81167) 11 0 14, = cc as — 2 k 0 .01 c (3 Lu ii. 1,3 2 c _ T,,, cc °I < • N as 2 m{ • C.) P, --J LLicccrfacS ?< oi - ors ?jtas k "ii L 15 t:C z z rn u.i (..)i ..-7t- 5 0 (7) 1/2 z w 0 LO r-- c00) 01-10.1 co Tr 1 in it co a) o , cl co nr in tø N CO ail It co Iv II i co N co a) o co co co co TI• Tr Tr Tr Tr Tr .4. Tr .:rHt in in in in in to u) Lr) u) In co co LO LO LO tO LO tO tO tO r•-•