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Agenda 06/08/2005 LDC COLLIER COUNTY Board of County Commissioners Proposed LDC Amendments For 2005 Cycle 1 Wednesday, June 8, 2005 at 5 :05 p.m. Department of Zoning and Land Development Review Collier County Board of County Commissioners 2005 Cycle 1 Land Development Code Proposed Amendments INDEX TO TABULATED NEW AMENDMENTS The following items have undergone substantial changes or additions since the first BCC LDC hearing on May 11. Speakers will address the changes or additions to these amendments and respond to any questions or comments that Commissioners may have. Comprehensive 12.03.07 2.03.08 4.08.00 TDRs in Overlay Zoning Districts TDRs in Rural Fringe Zoning Districts Baseline Standards for Rural Lands Stewardship Area Landscaping & Vegetation I 4.06.05 Tree Replacement Fund Affordable Workforce Housing 1. 1.08.02 Definitions DUM CornrnunitjJDevelopment & Environ",ental Services Division De/?artment of Zoning and Land Development Review To: Board Members and Staff From: Susan Murray, AICP, Director, Zoning Department Catherine Fabacher, LDC Principal Planner Date: June 1,2005 Subject: LDC Amendments Cycle 1,2005. Please review this transmittal memo carefully as it contains directions on how to find information in this packet. Attached please find the draft amendments to the Land Development Code for Cycle 1,2005. F or organizational purposes and ease of use, the amendments have been divided into three separate packets, each with its own standard summary sheet. Each packet is divided by its own summary sheet and an explanatory page preceding the summary sheet. The first packet consists of amendments to the LDC regulatory language including new . language proposed for addition to the LDC. The adoption of these amendments by the Board of County Commissioners will result in regulatory change. The second packet is comprised of those amendments that are necessary to correct omissions and incorrect citations in the existing code as a result of the Fall, 2004 re-codification process. These amendments do not result in regulatory change. The third packet consists of amendments to existing text made for clarification purposes, mostly as a result of the re-codification process. These amendments do not result in regulatory change. It is suggested that if review and discussion time is of importance, that you read over the first set of amendments which result in regulatory change, as the remaining packets consist largely of "clean up" matters as a result of the re-codification process. Recommendations from the DSAC subcommittee, DSAC committee and the CCPC are provided to the extent they were able to review them. There were certain amendments that were not reviewed by the subcommittee; however, final action was taken by the full committee. There were also amendments that were purposely not reviewed by the EAC. Lastly, Catherine Fabacher has accepted the position ofLDC Principal Planner, replacing Russell Webb. I have handled the LDC amendment process through Cycle 1,2005, while Catherine becomes familiar with the process; however, Catherine will take over responsibility for the LDC Amendments beginning with the Cycle 2, 2005. You may begin submitting any proposed amendments to Catherine at CatherineFabacher@colliergov.net, or you can call her at 403-2322. Should you have any questions or concerns, please let me know. Thank you as always for your time and energy you put forth in reviewing these documents and we look forward to discussing their contents in detail at the LDC scheduled public hearings. For your convenience I have copied the LDC Cycle 1, 2005 schedule below: BCC Wednesday June 8 5:05 p.m. ~ . ,,~ <" §~ ~u ~~ ~o o~ z< 00. o~ ~ ~~ ~ Q" ~ ~.~. ~~~< ~oo.~~ ~~oo. >= ~ ~r~s ~~soo oo.~oo~ ~~~ã ~~~= ~~~~ ~e:s~~ ~~oo" ooæ~~ I~j~" u~~ ~z~ ~~ ~~ oo~<z ~~~~ ~~<o z ~~ ~ 00:-< == ~~ ~ ==~ ~u .~ oo~ ~" z~ ~~ ~oo ~x ~~ ... () () ..c:: rJJ ~ ~ ;::j rJJ ~ ~ ~ u ~ u I rn ... ~ ~ ~ ! () ""0 o U ... ~ Š 0.. o ........ 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Q) ~"ãj t:lt-< :gzJai:; S -< .9"'" 8 . = ~ .~ In.... ~~ ; ~"¡: - =0.... ~.=t: ~ - = =d=-- ~ Q I:J ;:= ~-§ rn~ ~ 11) .... > 11)._ 00 '" "''' S d E' '.EJ ~ .~ ,- (1) a ~ .... = B Q..- s~ o í/)U \C "'" - ~ = ~ V'1 C --- r-- r-..: --.. or co LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Cormac Giblin, Hòusing and Grants Manager DEPARTMENT: Financial Administration and Housing AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC SECTION: 1.08.02 - Definitions LDC SUPPLEMENT #: CHANGE: Separate and clarify the definitions of Affordable Housing and Workforce Housing REASON: Clarification FISCAL & OPERA TIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: This version was created on May 12,2005 (date) at 4:30 (time) Amend the LDC as follows: 1.08.02 Defmitions Housing, affordable workforce: One or 1'1101'6 means residential dwelling units with a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents ª range of median adjusted gross annual income (median income) for tJ:i.e household~ as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA) (See section 2.05.02), 50 percent or less (for very 10'1.' income), 50 percent to 80 percent (for Ie)'\'! income), or 80 percent to 100 percent (for moderate income) of the specifically including the following subsets: Owner Occupied Workforce Housing 50% or less of Median Income. otherwise considered to be "very-low income." Owner Occupied Workforce Housing 51 % - 60% of Median Income. otherwise considered to be "low income." Owner Occupied Workforce Housing 6 I % - 80% of Median Income. otherwise considered to be "low income." Owner Occupied Workforce Housing 81 % - 100% of Median Income. otherwise considered to be "moderate income." Rental Workforce Housing less than 50% of Median Income. otherwise considered to be "very-low income." Rental Workforce Housing less than 51 % - 60% of Median Income. otherwise considered to be "low income." The term affordable housing is specifically intended to includes vlork.i"orce housing ·".,hich is limited to OVlI1er occupied housing with a monthly mortgage payment, including property ';axes and insurance, not in excess of 1112 of 30 percent of an amOli}t which represents 50 percent to 100 percent of the median adjusted ;ross annual income for the household as p'.lblished annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical f.rea (11S.\). (See section 2.05.02) affordable workforce housing. Q) LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Stan Chrzanowski DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDCl: LDC SECTION: 1.08.02 - Definitions LDC SUPPLEMENT #: N/A - new language CHANGE: Defining pervious area for parking in areas other than enclosed structures. REASON: To ensure that vehicles are parked in appropriate areas and on appropriate materials. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: LDC section 4.05.03 GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: p.m. This version was created on January 5, 2005 at 5:20 Amend the LDC as follows: 1.08.02 Definitions Pervious (also pervious surface or pervious area - applicable to Section 4.05.03 onlv): Material that allows the percolation or absorption of water into the ground including, but not limited to grass, mulch, and crushed stone. Pavers (excluding those specifically designed and constructed to be pervious) and limerock are not considered as pervious surface. ® LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services Division AUTHOR: Stan Litsinger _ DEP ARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle I, 2005 LDC PAGE: LDC 2: 19 LDC SECTION: 2.03.05 Open Space Zoning District LDC SUPPLEMENT #: 2 CHANGE: Implementing provisions for the update, clarification and corrective GMP amendment for the RLSA and RFMU (Final Order) related "glitch" amendment CPSP-2003-11 adopted by the BCC on October 26, 2004. REASON: Required LDC to implement the "glitch' amendments FISCAL & OPERATIONAL IMP ACTS: None RELATED CODES OR REGULATIONS: Sections 2.03.07;2.03.08; and 4.08.00 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This draft provided by Marti Chumbler, Esq., Carlton Fields, P.A. This version dated February 1,2005. Amended April 25, 2005. Amend the LDC as follows: 2.03.05 Open Space Zoning District A. No change. B. No change, 1. Allowable uses. The following uses are allowed in the CON District, a. Uses permitted as of right. (1) - (7) No change. (8) Oil and gas exploration subject to applicable federal and state drilling permits and Collier County non-environmental site development plan review procedures. UU540923.2 Ö) Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where detennined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as such rules existed on ,2005 (the effective date of this orovision), regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas pennits for proposed oil and gas activities in Collier County, so long as the state pennits comply with the requirements of Chapter 62C-25 through 62C-30 F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62Ç,-30.005(2)(a) 1 through 12, FA.C. (9) No change. b. No change. c. Conditional uses. No change. (1) Oil and gas field development and production, subject to aDDlicable federal and state field development permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where detennined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, FA.C., as those rules existed on January 14, 2005 regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.00 1 (2), F AC. All applicable Collier County environmental pennitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas pennits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F AC. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defmed Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62Ç,-30.005(2)(a)1 through 12, F.A.C. (2) - (4) No change. No change. 2. TU#540923.2 CD LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services Division AUTHOR: Stan Litsinger DEP ARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC 2:33 LDC SECTION: 2.03.07 Overlay Zoning Districts LDC SUPPLEMENT #: 2 CHANGE: Adding clarification and conditions for the administration of the RFMU and TDR Issuance. REASON: To facilitate the implementation of the RFMU District. FISCAL & OPERATIONAL IMP ACTS: None RELATED CODES OR REGULATIONS: 2.03.08 Rural Fringe Zoning Districts GROWTH MANAGEMENT PLAN IMP ACT: Implementing LDC for TDR program and the RFMU District of the GMP. OTHER NOTESNERSION DATE: Draft provided by Marti Chumbler, Esq. of Carlton Fields, P.A. This version dated February 1, 2005, and modified April 5, 2005; May 25,2005. Amend the LDC as follows: 2.03.07 Overlay Zoning Districts A. - C. No change. D. No change. 1. - 3. 4. Transfer of dDevelopment Rights (TDR). a. - e. No change. nU543554.2 @) f. No change. i. No change. ii. County-maintained central TDR registry. In order to facilitate the County's monitoring and regulation of the TDR Program, the County shall serve as the central registry of all TDR credit purchases, sales, and transfers, as well as a central listing of TDR credits available for sale and purchasers seeking TDR credits. No TDR credit generated from RFMU sending lands may be utilized to increase density in any area unless the following procedures are complied with in full. a) No change. i) No change ii) a title search, or other evidence, establishing sufficient to establish that.. prior to the severance of the TDR credits from RFMU sending lands, such Sending Lands were not subject to a conservation restriction or any other development restriction that prohibited residential development; iii) - v) No change. vi) documented evidence that, if the property from which TDRs are being severed is subiect to a mortgage, lien, or any other security interest: the mortgagee, lien holder, or holder of the security interest has consented to the conservation easement required for TDR severance. b) - c) No change. d) Each TDR credit shall have an individual and distinct tracking number, which shall be identified on the TDR Certificate that reflects the severance of the TDR credit from RFMU Sending Land. The County TDR Registry shall maintain a record of all TDR credits, to include a designation of those that have been expended. W The County bears no responsibility to provide notice to any person or entity holding a lien or other security interest in Sending Lands that TDR credits have been severed from the property or that an application for such severance has been filed. g. No change. 5. No change E. -M. No change. TAL#543654.2 (§) LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Stan Litsinger, Comprehensive Planning DEP ARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC 2:62 LDC SECTION: 2.03.08 Eastern Lands/Rural Fringe Zoning Districts LDC SUPPLEMENT #: 2 CHANGE: Implementing provisions for the update and corrective GMP amendment known as the "glitch" amendment CPSP-2003-11 adopted by the BCC on October 26, 2004. Also further implementing recommendations of the Rural Fringe stakeholders group and staff analysis of July 2004. REASON: Required LDC to implement the "glitch" amendments and stakeholders recommendations. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 2.03.07 Overlay Zoning Districts GROWTH MANAGEMENT PLAN IMP ACT: Implements the TDR program and RFMUD of the GMP OTHER NOTESNERSION DATE: This draft provided by Marti Chumbler, Esq., Carlton Fields, P. A. This version updated February 24, 2005, and modified April 5, 2005; May 25, 2005. Amend the LDC as follows: 2.03.08 Eastern Lands/Rural Fringe Zoning Districts A. Rural Fringe Mixed-Use District (RFMU District) 1. No change. 2. RFMU RECEIVING LANDS. No change. a. OUTSIDE RURAL VILLAGES TAL#543653.2 fj) (1) through (2) No change. (3) Allowable Uses (a) Uses Permitted as of Right. The following uses are permitted as of right, or as uses accessory to permitted uses: i. - x. No change Xl. Golf courses or driving ranges, subject to the following standards: a) The minimum density shall be as follows: i) For golf course projects utilizing density blending Provisions set forth in the density Rating System of the FLUE: one (1) dwelling unit per five (5) gross acres. ii) For golf course projects not utilizing density blending Provisions set forth in the Density Rating: System of the FLUE, including free standing golf courses: the minimum density shall be one (1) dwelling unit per five( 5) gross acres, and one additional dwelling unit one TDR credit shall be required per five (5) gross acres for the land area utilized as part of the golf course, including the clubhouse area, rough, fairways, greens, and lakes, but excluding any area dedicated as conservation, which is non-irrigated and retained in a natural state. +he additional required density for such golf course development shall be achieved by acquiring TDRs from Sending Lands. TDR credits used to entitle golf course development may also be used to entitle dwelling units within the same proiect or a future modification of the same project. At such time as the County approves a golf course development, evidence of sufficient TDR credits must be provided to the County. Those TDR credits shall then be designated as restricted and shall thereafter be available for use only to entitle residential density within the same proiect or a future modification of the same project. For the purposes of this provision, subsequent development shall be deemed to be the same project when they are part of a unified plan of development and are physically proximate to one another, as those terms are defined for purposes of section 380.0651(4), Florida Statutes. b) Golf courses shall be designed, constructed, and managed in accordance with the best management practices of Audubon International's Gold Signature Program. The project shall demonstrate that the Principles for Resource Management required by the Gold Signature Program (Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping, Water Conservation, Waste Management. Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridors, Agriculture, and BUILDING Design) have been incorporated into the golf course's design and operational procedures. c) - g) No change TAU543653.2 cÐ UL#543653.2 xii. Public and private schools, subject to the follovling criteria: educational plants and ancillary plants. a) Site area and school size shall be subject to the General EDUC^..TIONAL F,,\CILITIES Report submitted annually by the Collier County School Board to the Board of County Commissioners. b) The Site must comply '.'lith the ST.^... TE REQUIREMENTS FOR EDUC^..TION.^...L FACILITIES adopted by the State Board of Education. c) The site shall be subject to all applicable State or Federal regulations. xiii. OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C- 30, F.A.C., as those rules existed on ,2005 (the effective date of this provision), regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F .A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. xiv. Park, open space, and recreational uses. xv. Private schools. (b) No change. (c) CONDITIONAL USES. The following uses are permissible as conditional uses subject to the standards and procedures established in section 10.08.00. i. Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed ® areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on ,2005 (the effective date of this provision regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C- 25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. ii. - ix. No change. (4) - (6) No change. b. RURAL VILLAGES. No change (1) Allowable Uses: (a) All permitted uses identified in section 2.03.08-EAj.,J2j.,Jaj.'-(3)(a), when specifically identified in, and approved as part of, a RURAL VILLAGE PUD. (b) CONDITIONAL USES 1 through 5, and 7 identified in section 2.03.08 fAtf2jJat(3)(c), when specifically identified in, and approved as part of a RURAL VILLAGE PUD. (c) - (e) No change. (2) No change. (3) DENSITY. A RURAL VILLAGE shall have a minimum DENSITY of2.0 units per gross acre and a maximum DENSITY of 3.0 units per grosS acre, except that the minimum DENSITY within a NBMO RURAL VILLAGE shall be 1.5 units per gross acre. Those densities shall be achieved as follows: (a) No change. (b) Minimum density. For each TDR Credit for use in a Rural Village, onc Bonus Credit shall be granted, up to the The minimum gross density ef in a Rural Village is 2.0 units per acre outside of the NBMO and 1.5 units per acre within the NBMO. For each TDR Credit used ot achieve the minimum required density in a Rural Village, one Rural Village Bonus Unit shall be granted. Rural Village Bonus Units shall not be available for use once the minimum required density is achieved. TAL#543653.2 ® (c) Maximum Density. .^.. develop or may achic~¡e 0. density exceeding Once the minimum required density, up to maximum of3.0 units per acre, is achieved through TDR Credits and Rural Village Bonus Units, as provided in (b) above, additional density up to a maximum of three (3) dwelling units per gross acre may be achieved through any of the following means, either in combination or individually: i. - iv. No change. ( 4) Other Design Standards (a) Transportation System Design. i. No change. ii. Each RURAL VILLAGE shall be served by a primary binary road system that is accessible by the public. Neighborhood Circulator, Local Residential Access and Residential Loop roads may and no roads_sholl not be gated. The primary road§. system within the RURAL VILLAGE shall consist of Rural Major Collectors at a minimum and be_designed to meet County standards and shall be dedicated to the public. iii.-vii. No change. (b) - (c) No change. (d) No change. i. - xiv. No change. xv. Required vehicular parking and loading amounts and design criteria: a) The amount of required parking shall be demonstrated through a shared parking analysis submitted \vith the SRf.. designation application as part ofthe rural village PUD. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by the ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. b) - d) No change. xvi-xvii. No change. (5) - (8) No change. 3. NEUTRAL LANDS. No change. a. ALLOWABLE USES. The following uses are permitted as of right: (1) Uses Permitted as of Right. (a) - G) No change. UU543653.2 ® TAL#543653.2 (k) Golf courses or driving ranges, subject to the following standards: i. Golf courses shall be designed, constructed, and managed in accordance with the best management practices of Audubon International's Gold Signature Program. The project shall demonstrate that the Principles for Resource Management required by the Gold Signature Program (Site Specific Assessment. Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping, Water Conservation, Waste Management. Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridors, Agriculture. and Building Design) have been incorporated into the golf course's design and operational procedures. ii. - vi. No change. (1) Public and private schools, subject to the following criteria: educational plants and ancillary plants. i. Site area and school size shall be subject to the General EDUC.^~TION.\L FACILITIES Report submitted annually by the Collier County School Board to the Board of County Commissioners. ii. The Site must comply '.'lith the ST.^~ TE REQUIREMENTS FOR EDUCATION.\L FACILITIES adopted by the State Board of Education. iii. The site shall be subject to all applicable State or Federal regulations. (m) OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on ,2005 (effective date oftms provision) regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. n. Park, open space, and recreational uses. @ o. Private schools. (2) No change. (3) CONDITIONAL USES. No change. (a) - b. (c) Multi-family residential structures. subject to the following development standards: (n Building height limitation: 2 stories (in Buffer: 10 foot wide landscape buffer with trees spaced no more than 30 feet on center; iii) Setbacks: 50% of the height of the building. but not less than 15 feet Renumber (c) & (d) to (d) & (e). W ill... Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where detennined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on .2005 (the effective date of this provision). regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C- 30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. Renumber (f) & (g) to (g) & (h). b. - e. No change. 4. RFMU SENDING LANDS. No change. a. ALLOWABLE USES WHERE TDR CREDITS HAVE NOT BEEN SEVERED (1) Uses Permitted as of Right (a) - (f) No change. UL#543653.2 ® TAL#543653.2 (g) OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as such rules existed on ,2005 (the effective date of this provision), regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. (2) No change. (3) CONDITIONAL USES. (a) - (b) No change. (c) Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non- environmental site DEVELOPMENT plan review procedures. Directional- drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on ,2005 (the effective date of this provision), regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C- 30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. ® (d) No change. b. USES ALLOWED WHERE TDR CREDITS HAVE BEEN SEVERED (1) Uses Permitted as of Right (a) - (g) No change. (h) OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on ,2005 (the effective date of this provision), regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F .A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. (i) Mitig:ation in coniunction with any County, state, or federal permitting. (2) CONDITIONAL USES (a) No change. (b) Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non- environmental site DEVELOPMENT plan review procedures. Directional- drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on ,2005 (the effective date of this provision), regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence ofthe issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C- 30, F.A.C. For those areas of Collier County outside the boundary of the Big TAL#543653.2 @) Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. (c) No change. c. - e. No change. 5. No change. C. No change. D. NORTH BELLE MEADE OVERLAY DISTRICT (NBMO) 1. - 4. No change. 5. ADDITIONAL SPECIFIC AREA PROVISIONS a. RECEIVING LANDS (1) No change. (2) The earth mining operation and asphalt plant uses that currently exist within NBMO Receiving Lands may continue and may expand as follows: (a) Until June 19,2-004 2005, or such other date as the GMP is amended to provide, such uses may expand only into the western half of Section 21 and shall not generate truck traffic beyond average historic levels. (b) Such mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use if either of the following occurâ...by June 19,2-004 2005, or such other date as the GMP is amended to provide: i. No change. ii. the mine operator commits to construct a private haul road by June 19, ~ 2007, or such other date as the GMP is amended to provide, without the use of any public funds. (c) No change. (3) A GREENBELT is not required for any DEVELOPMENT in NBMO Receiving Lands, whether inside or outside of a RURAL VILLAGE. However, any GREENBELT that is provided in a NBMO RURAL VILLAGE shall be included in the calculation of open space. (4) North Belle Meade Rural Village. No change. (a) Density. No change. 1. The minimum required density shall be achieved through TDR Credits, and Rural Village Bonus Units, as provided in section 2.03 .08EA1:.Eb1-,.(3 )(C). TAL#543653.2 ® ii. No change. b. No change. UL#543653.2 (F7) LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Stan Litsinger DEP ARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC 2:124 LDC SECTION: 2.05.02 Density Blending LDC SUPPLEMENT #: New CHANGE: Implementing provisions for the update, clarification and corrective GMP amendment for the RFMUD know as the "glitch" amendment CPSP-2003-11 adopted by the BCC on October 26, 2004. REASON: Required LDC to implement the "glitch" amendments FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Sections 2.03.07 and 2.03.08 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESIVERSION DATE: This draft provided by Marti Chumbler. Esq., Carlton Fields, P.A. This version drafted February 1,2005 Amend the LDC as follows: 2.05.02 Density Blending A. No change. B. Conditions and limitations. 1. - 3. No change. 4. Lands straddling: RFMU Receiving and Neutral Lands. Density blending between properties straddling Receiving and Neutral Lands in the RFMU District is permitted subiect to all ofthe following conditions and limitations: @ a. The property was under unified control as of June 19, 2002; b. The project for which density is to be blended shall be a minimum of 80 aggregate acres In Size; c. A minimum of 25% of the property shall be RFMU Receiving Land: d. The proiect shall extend central water and sewer to serve the entire proiect. unless alternative interim sewer and water provisions are authorized by the County; and e. The density shall be shifted so as to preserve and protect the highest quality native vegetation and wildlife habitat on-site and to maximize the connectivity of such native vegetation and wildlife habitat with adiacent preservation and habitat areas. (FÐ LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Cormac Giblin, Housing and Grants Manager DEP ARTMENT: Financial Administration and Housing AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC SECTION: 2.06.03 - AHDB Rating System LDC SUPPLEMENT #: CHANGE: Update to the Affordable Housing Density Bonus Rating System, bringing the charts up to date with current practices and market conditions. REASON: The AHDB Rating system was written over ten years ago and has not been revisited as required in the Housing Element of the Comprehensive Plan. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Required by Policy 2.9 of the Housing Element of the Comprehensive Plan. OTHER NOTESNERSION DATE: This version was created on May 23 (date) at 9:00AM. Amend the LDC as follows: 2.06.03 AHDB Rating System A. The AHDB rating system shall be used to detennine the amount of the AHDB which may be granted for a development , based on household income level, number of bedrooms per affordable housing u.nit, type of affordable housing units (owner-occupied or rental, single-family or multi-family, and percentage of affordable housing units in the development. To use the AHDB rating system, Tables A aM-B, below, shall be used. Tables A aH:è--B shall be reviewed and updated, if necessary, on an annual basis by the BCC or its designee. I. First, choose the household income level (moderate, 10'1.', or very low 50% of Median Income. 60% of Median Income. or 80% of Median Income) of the affordable housing unites) proposed in the development, and the type of affordable housing units (owner-occupied or rental, single-family or multi-family, where applicable) to be provided, as shown in Table A. Then, referrin; a¡;ain to Table A, ohoose the num~)er of bedrooms proposed for the afførdable hOHsing unites). An AHDB Fatffig based on the household income level and the number of bedrooms is shown in Table A. Table .^.. CâQ) T:\BLE INSET: *For cluster housing development s in the urban coastal fTinge, add one (1) deHsity bonus to obtain two (2). 2. After the AHD.8 rating has been determined in Table A, locate it in Table .8, and detcnnine the percentage of that type of affordable hOHsing unit proposed in tbe de'¡elopment compared to the total ffilfnber of dwelling units in the de'¡eløpment . From this determination, Iable b A will indicate the maximum number of residential dwelling units per gross acre that may be added to the base density. These additional residential dwelling units per gross acre are the maximum AHDB available to that development . Developments with percentages of affordable housing units which faU in between the percentages shown on table b A-sha11 receive an AHDB equal to the lower of the two (2) percentages it lies between, plus one-tenth (11l 0) of a residential dwelling unit per gross acre for each additional percentage of affordable housing feÐ:tal units in the development. For example, a development which has twenty-four (24) percent of its total residential dwelling units as affordable housing units, and which has an ;.....HD.8 rating of "1" at the 80%MI level will receive an AHDB of 44 2.4 residential dwelling units per gross acre for the development. Table B. (,,\dditional available d>"felling uRits per gross C1:0I'ø) T 1\.8LE INSET: I::> 3. Where more than one (1) type of affordable housing unit (based on level of income and nun1be:r of bedrooms shown in Table A) is proposed for a development, the AHDB for each type sha11 be calculated separately in Table B. After the AHDB calculations for each type of affordable housing unit have been completed in Table B, the AHDB for each type of unit sha11 be added to those for the other type(s) to determine the maximum AHDB available for the development. In no event sha11 the AHDB exceed eight (8) dwelling units per gross acre. (Sì) Table A. Affordable Housing Density Bonus (Additional Available Dwelling Units Per Gross Acre) 10% 100% 80% MI* 1 ~ 1 1 ~ §. 1 -ª- -ª- -ª- Income 60% MI ~ 1 1 ~ §. 1 -ª- -ª- -ª- -ª- Level 50% MI 1 ± ~ §. 1 -ª- -ª- -ª- -ª- -ª- *Owner-occupied only Total Allowable Density = Base Densitv + Affordable Housing Density Bonus In no event shall the maximum grOSS density allowed exceed 16 units per acre. B. The AHDB shall be available to a development only to the extent that it otherwise complies and is consistent with the GMP and the land development regulations, including the procedures, requirements, conditions, and criteria for "PUDs" and rezonings, where applicable. C. The minimum number of affordable housing units that shall be provided in a development pursuant to this section shall be ten (10) affordable housing units. D. The ratio of number of bedrooms per affordable housing unit shall in general be equal to the ratio of the number of bedrooms per residential unit for the entire development. @ LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEP ARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC2:131 and LDC4:4-5 LDC SECTION: Section 2.07.00 and 4.02.01 LDC SUPPLEMENT #: Supplement 1 CHANGE: 1) Relocating the table of minimum yard requirements (minimum setbacks) from Chapter 2, pertaining primarily to Zoning Uses, to Chapter 4, pertaining to dimensional standards for development, and adding a provision for measuring setbacks (i.e., for minimum required yards) where road right-of-way easements burden a portion of such yards. 2) Also, adding an exemption for legal non-conforming lots in the CON district. 3) Finally, making a few corrections to footage requirements in various portions of the table. REASON: 1) This table is more appropriately located with similar provisions regulating lot dimensions and site design as general development standards. The additional text was not included as part of the definition of "setback line" as it is operative in nature, but it was not inserted into the operative text of the LDC as part of the LDC's recodification. 2) The original LDC (Ordinance 91-102) failed to provide for an exemption for those lots that were in existence prior to the effective date of the LDC. 3) This language was not transcribed as it should have been during the recodification of Cycle 1, 2004 (Ordinance 2004-41) FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: 4:15 p.m. This version was created on December 7, 2004 at (É) Note that any cross-references contained in the LDC to Table/section 2.07.00 should befound with a word search and revised to reflect the new section (4.02.01) and Table identification. Amend the LDC as follows: 2.07.00 TABLE OF SETRAACKS FOR R\SE ZONINC DISTRICTS c2Ð (~ ¡ ~rn District additional yard requirements: side yard setback from a public road that is external to the bOlmdary of the park 50 ft.; the minimum setback on any side from the cmterior bouRdary of the park - 15ft. ~TRVC District additional yard req1:1irements: setback from exterior boundlHJ' of park - 50 ft.; setback from an cKternal street 50 ft., setback from an internal street - 25 ft.; søtback from an-y building or other structure - lOft. ;C 3 District minimum setback on any side that is '.vaterfront - 25 ft.; setback for marinas - ~ 4C 1 and C 5 Districts minimum sctback on any side that is '.vo.terfront - 25 ft.; setback for marinas none; setback on any side adjacont to a railroad right of ':lay - none f. - 50% of the building hcight, but not less than 15 feet. B - 50% of the building høight, but not less than 30 feet. C - 50% ofthe building height, but not less than 25 feet. D 50% of the building height, but not less than 25 feet. Structures 50 feet or more in height- 25 feet plus one additional foot of setback for each foot of building hcight oycr 50 feot. E the total of all side yard setbacks shall equal 20% of the let width, with a maximum of 50 feet. No side yard shall be less than 10 feet. l\ltematiye dimensions may be possible ·.vhen approved thro1:1gh a unified plan of de'lelopment involving one or more lots under common o'.....nership "rhere the yard requirements arc met for the unified site but not necesso.rily for each parcel '.vithin the unified site. f - the yard requirements shall be equal to the most restrictive adjoining district. x - for principal structures: 50 feet from all property lines; for accessory structures: 25 feet from 0.11 property lines. * * * * * * * * * * * * * 4.02.01 Dimensional Standards for PriBeiple Principal Uses in Base Zoning Districts A. The following tables describe the dimensional standards pertaining to base zoning districts. Site design requirements apply to the principal building on each site. * * * * * * * * * * * * * Table 2.1 - TABLE OF MINIMUM YARD REQUIRMENTS @ (SETBACKS) FOR BASE ZONING DISTRICTS Note as to Setback line measurement: minimum setback lines are typically measured from the legal boundary of a lot. regardless of all easements burdening a lot. with the exception of easements that comprise a road right-of-way where the minimum setback line is to be measured form the road right-of-way easement line. GC 30 50 30 75 30 50 RSF-3 aterfront 10 30 25 10 7.5 25 10 7.5 20 10 7.5 20 7.5 RMF -6 10 15 RMF-12 @ HI TTRVC2 C-l 25 Waterfront 10 15 15 10 25 15 25 BP 50 50 10 50 CON~ 50 50 50 P CF 25 @ on- esidential 15 licable overla district located in the l IMH District - additional yard requirements: side yard setback from a public road that is external to the boundary of the park = 50 ft.; the minimum setback on any side from the exterior boundary of the park = 15ft. 2TTRVC District - additional yard requirements: setback from exterior boundary of park = 50 ft.; setback from an external street = 50 ft., setback from an internal street = 25 ft.; setback from any building or other structure = 10ft. none. 3C_3 District - minimum setback on any side that is waterfront = 25 ft.; setback for marinas = 4C_4, C-5 and I Districts - minimum setback on any side that is waterfront = 25 ft.; setback for marinas = none; setback on any side adiacent to a railroad ri!!ht-of-wav = none 5 Anv non-conformin!! platted lot of record in the CON District that existed before November 13. 1991 will be subiect to the fonowin!! standards: Front yard: 40 feet. Side yard: ten percent of the lot width. but no more than 20 feet on each side. Rear Yard: 30 feet. A = 50% of the building height. but not less than 15 feet. B = 50% of the building height. but not less than 30 feet. C = 50% of the building height, but not less than 25 feet. D = 50% of the building height, but not less than 25 feet. Structures 50 feet or more in height = 25 feet plus one additional foot of setback for each foot of building height over 50 feet. E = the total of an side yard setbacks shall equal 20% of the lot width, with a maximum of 50 feet. No side yard shan be less than 10 feet. Alternative dimensions may be possible when a roved throu h a unified Ian of develo ment involvin one or more lots under common ownership where the yard requirements are met for the unified site but not necessarily for each parcel within the unified site. F = the yard requirements shan be equal to the most restrictive adjoining district. x = for principal structures: 50 feet from all property lines; for accessory structures: 25 feet from all property lines. é@ r B. Usable open space shall include active and passive recreation areas such as playgrounds, golf courses, beach frontage, waterways, lagoons, flood plains, nature trails, and other similar open spaces. open space areas shall also include those areas set aside for preservation of native vegetation and landscaped areas. Open water area beyond the perimeter of the site, street rights- of-way, driveways, off-street parking areas, and off-street loading areas shall not be counted in determining usable open space. @-_... ..;-;;-" . :;>0 LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Barbara Burgeson, Principal Environmental Specialist DEPARTMENT: Environmental Services Department AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC 3:10 LDC SECTION: 3.03.06 Native V LDC SUPPLEMENT #: CHANGE: emoval on the shoreline and even None 10.02.06 H 2 - Coastal Construction Setback None This version was created on December 7,2004 3.03.06 Native Vegetation Retention on Coastal Barriers Native vegetation retention or revegetation shall be in compliance with the requirements of section 3.05.00, and shall incorporate, at a minimum, the preservation and revegetation standards as follows: A. Native vegetation shall be preserved to the maximum extent possible. To the extent that native vegetation cannot be retained on-site, and the remaining native vegetation can be supplemented without degrading or damaging its natural function, then the existing native vegetation shall be supplemented with compatible vegetation on-site. ® B. All beach front land development projects shall be req ,. ,ed to dune where the dune is devoid of coastal dune vegetation. c. All land development projects shall provide 100 rce Floridian species within their required I . caping ,d 1) established within section 4.06.00. D. Appropriate coastal dune or str stabilizing medium in any coastal program. E. Native ve F. w LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Barbara Burgeson, Principal Environmental Specialist DEPARTMENT: Environmental Services Department AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC 3:20 LDC SECTION: Section 3.04.02. B LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: To remove the prohibition for construction or repair of any structure, including, but not limited to, dune walkovers, seawalls, or other revetments, sandbags, groins, or jetties, during sea turtle nesting season on any County beaches. REASON: To allow for construction or repair of any structure, including, but not limited to, dune walkovers, seawalls, or other revetments, sandbags, groins, or jetties, during sea turtle nesting season on any County beaches with the added criteria as was presented to the Board of County Commissioners at a meeting last summer. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version was created on April 8, 2005 Amend the LDC as follows: 3.04.02.B Sea Turtle Protection. ****************************************************************************** 5. It shall be unlawful, during the nesting season, 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, C§) without obtaining a construction in sea turtle nesting area permit from the County Manager or designee. a. If sea turtle nesting occurs within 100 yards of the construction, measured parallel to the shoreline during permitted construction activities, the nest area shall be flagged by the permittee and the County Manager or designee informed prior to 9:00 a.m. of that mormng. b. Depending on nest location, in relation to intensive construction activities, the County Manager or designee may require that the nest(s) be relocated by the applicant. c. Construction activities shall not interfere with sea turtle nesting, shall preserve or replace any native vegetation on the site, shall maintain the natural existing beach profile, and minimize interference with the natural beach dynamics and function. d. 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 County beaches. except if permitted structures are damag:ed by a named storm. significant un-named storm event or other declared natural disaster and all the following conditions are met: 1. Minor repair work (boards need to be nailed back to the existing: intact structure. or a few boards need to be replaced) that can be performed completely from atop the structure is authorized after obtaining: the necessary approval of the FDEP and notifying Collier County Environmental Services of that work. 2. Prior to anv maiO! repair work (greater than that described in 1 above) or reconstruction of any part of the structure. the following information shall be provided to so that staff can determine if the maiO! repair or reconstruction can occur prior to the end of sea turtle nesting season: a. The appropriate permit from FDEP. b. The location of all known sea turtle nests. Community Development and Environmental Services (CDES) staff will provide assistance in locating nests. Construction activities shall not occur within 10 feet of these boundaries for viable nests. c. A survey by a qualified consultant locating any g:opher tortoise burrows on site within 50 feet of the structure. @ Relocation of gopher tortoises will be required when the burrows are in harms way of the construction activity. d. Photographs of the site as it existed after the storm to document the conditions of the property. e. An aerial of the property showing: the CCSL line. f. A copy of a CCSL variance or CCSL permit if required and building permit approving the original construction of the structure. 3. Sea turtle nest locations will be reestablished using: their previously recorded GPS locations and accuracv data to identify a 95% confidence boundary. Construction activities shall not occur within 10 feet of these boundaries for viable nests. Nests will be considered viable for 80 days rrom the time the nest was recorded unless it can be proven that a particular nest has been damaged by the storm and there is no chance of any hatchling:s. 4 . Minor structures, as defined by Florida Statutes Subsection 161.055, of the Coastal Zone Protection Act of 1985, shall be approved provided that thev also comply with: a. Federal requirements for elevations above the 100-year flood level, b. Collier County Building: Code requirements for flood proofing, c. Current building and life safety codes, d. Collier County and State of Florida Department of Environmental Protection CCSL/CCCL regulations. e. Applicable disability access regulations of the American Disability Act (ADA), and f. Any required Collier County zoning: and other development regulations with the exception of existing density or intensity requirements established, unless compliance with such zoning or other development regulations would preclude reconstruction otherwise intended by the Build back Policy as determined by the Emergency Review Board established herein. 6. The following shall be obligations for all property owners who have had sand washed ashore (as a result of a storm) and deposited on the dune and seaward ofthe CCSL. As supported by GMP Conservation and Coastal Management Element Obiective 10.4 and Policy 10.4.8 , construction seaward of the CCSL shall not interfere with sea turtle nesting, will minimize interference with natural beach dynamics, and where appropriate will restore the historical dunes and will vegetate with native vegetation @ and help in the restoration of natural functions of coastal barriers and beaches and dunes. The property owner may be prohibited from removing the deposited sand when it is determined that the wash over was a part of the natural rebuilding: of the beach and dune system. Only native salt tolerant beach or dune vegetation may be planted on the deposited sand, after obtaining a Collier County CCSL permit. This shall not apply to sand washed over onto yards that have received the appropriate Collier County approvals for landscaping seaward of the CCSL (such as single family homes along Vanderbilt Beach). €t1. 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 it's jurisdictional waters. It shall be unlawful to collect or possess any part of a sea turtle. ~ LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Barbara Burgeson, Principal Environmental Specialist DEPARTMENT: Environmental Services Department AMENDMENT CYCLE # OR DATE: Cycle I, 2005 LDC PAGE: LDC 3 :26 LDC SECTION: Section 3.05.05 LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Allow for removal of vegetation on construction projects when the Enviro1Í.mental Review is complete, instead of waiting until all, possibly unrelated, reviews are complete and the final, formal SDP approval is issued. Provide for other circumstances in which minimal clearing may be allowed such as for habitat management, fire breaks, state or federal permit issuance and in conjunction with conducting preserve management. REASON: Most reviews are not related to tree removal and occasionally, the final review is delayed awaiting the resolution of issues that have nothing to do with infrastructure construction. The code presently does not address these circumstances. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Section 4.06.04 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version was created on April 8, 2005 Amend the LDC as follows: 3.05.05 Criteria for Removal of Protected Vegetation The County Manager or designee may approve an application for vegetation removal permit if it is determined that reasonable efforts have been undertaken in the layout and design of the proposed development to preserve existing vegetation and to otherwise enhance the aesthetic appearance of the development by the incorporation of existing vegetation in the design process. Relocation or replacement of vegetation may be required as a condition to the issuance of an G5J approval in accordance with the criteria set forth in this section. In addition, a vegetation removal permit may be issued under the following conditions: A. Protected vegetation is a safety hazard to pedestrian or vehicular traffic, public services, utilities, or to an existing structure. B. Diseased or otherwise unhealthy vegetation, as determined by standard horticultural practices, and, if required, a site inspection by the County Manager or designee. C. A final local development order has been issued which requires allows removal of the protected vegetation. D. Compliance with other codes and/or ordinances may involve protected vegetation removal. E. Replacement of non-native vegetation shall be with native vegetation and shall be subject to the approval of the County Manager or designee. Replacement vegetation shall comply with the standards of section 4.06.05 and shall include the following minimum sizes: one gallon ground cover; seven (7) gallon shrubs; fourteen (14) foot high trees with seven foot crown spread and dbh (diameter at breast height) of three inches. Replacement native vegetation shall be planted within fourteen (14) calendar days of removal. F. On a parcel of land zoned RSF, VR, 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. G. The proposed mangrove alteration has a DEP permit, or meets the permitting standards in the Florida Administrative Code. However, mangrove removal or trimming shall be prohibited in all preserves or areas used to fulfill the native vegetation preservation requirements. H. Removal of vegetation for approved mitigation bank sites (as defined by the Florida Administrative Code); state, federal or county approved or endorsed environmental preservation, enhancement, or restoration projects; or fire breaks appro','ed by the Stato of Florida, Diyision of Forestry, shall be permitted. Vegetation removal permits issued under these criteria are valid for the period of time authorized by such agency permits. 1. 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 County Manager or his designee provided that it can be demonstrated that early transplantation will enhance the survival of the relocated vegetation. The ~ vegetation relocation plan shall document methods of relocation, timing of relocation, watering provisions, maintenance and other information as required by the County Manager or his designee. 1. Landscape plant removal or replacement. The removal or replacement of approved landscaping shall be done in accordance with the regulations that guide the landscape plans reviews and approvals in section 4.06.00. A vegetation removal permit will not be issued for the removal or replacement of landscape plants. That approval must be obtained through an amendment process to the landscape plan or as otherwise authorized by permit by the Collier County Landscape Architect. K. Removal of vegetation for firebreaks approved by the State of Florida, Division of Forestry, shall be permitted. The width of the approved clearing shall be limited to the minimum width determined necessary by the Division of Forestry. L. A State or Federal permit issuance depends on data that cannot be obtained without preliminary removal of some protected vegetation. The clearing shall be minimized and shall not allow any greater impacts to the native vegetation on site than is absolutely necessary. Clearing shall be limited to areas that are outside any on-site preserves, as identified on the PUD master plan, PlaUConstruction Plans or Site Development Plan. M. In coniunction with a Collier County approved Preserve Management Plan, native vegetation clearing may be approved only when it is to improve the native habitat or to improve listed species habitat. N. Conservation Collier projects which may need minimal clearing for parking, pathways for walking, or structures that may not require site plan approvals. o. Early clearing will be allowed in conjunction with an approved Early Work Authorization (EW A) permit; after the Environmental Services Review Staff approves the necessary components of the proj ect to ensure the appropriate environmental protection and preservation on site. This can only be allowed after the following are completed and approved: 1) final configuration and protection of the preserve is complete. 2) the conservation easements are completed and approved by both the environmental review staff and the county attorney's office, 3) the environmental review staff has approved the clearing of the site through the site clearing plan, and 4) copies of all approved Federal, State, and Local permits must be submitted and reviewed against the site clearing and preservation plans. Early clearing does not authorize approval for excavation, spreading fill, or grading, which must be approved through an approved EW A permit, in accordance with section 10.01.02.B. ¡ffor any reason the underlying SDP or PPL is not ajJproved, the property owner will be responsible for revegetation of the site using the criteria set forth in Section 4.06.04.A.l.a.vii. @) LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Stan Litsinger DEP ARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC 3 :27 LDC SECTION: Section 3.05.07. A. Preservation Standards LDC SUPPLEMENT #: New CHANGE: Implementing provisions for the update, clarification and corrective GMP amendment associated with the RFMUD/RLSA known as the "glitch" amendments CPSP-2003- 11 adopted by the BCC on October 26, 2004. REASON: Required LDC to implement the "glitch" amendments FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This draft provided by Marti Chumbler, ESQ., Carlton Fields. P.A. This version dated February 1,2005. Amend the LDC as follows: 3.05.07 Preservation Standards All development not specifically exempted by this ordinance shall incorporate, at a minimum, the preservation standards contained within this section. A. General standards and criteria. 1. - 2. No change, 3. Preserve areas shall be selected in such manner as to preserve the following, in descending order of priority, except to the extent that preservation is made mandatory in sections 3.05.07 FJ. and 3.05.07 GJ.C.: ~ a. Onsite wetlands haviRg an assessed functionality of 0.65 or greater; &..ª'- Areas known to be utilized by listed species or that serve as corridors for the movement of wildlife; b. Onsite wetlands having an accepted WRAP score of 0.65 or a Uniform Wetland Mitigation Assessment Score of 0.7. c. - i. No change. 4. - 5. No change. B. - H. No change o LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Barbara Burgeson, Principal Environmental Specialist DEP ARTMENT: Environmental Services Department AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC 3:42 LDC SECTION: 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Amend the criteria used to require removal of exotic vegetation, applicable to single-family and two-family lots. REASON: County staff amended the LDC a couple of years ago to require the removal of exotics on single-family and two-family lots for any new principal or accessory structure and any additions to the square footage of the principal or accessory structures on single-family or two-family lots. It has been very costly to property owners to remove exotics on their property if they are only doing a minor addition to their home. It is also a burden on County staff to inspect exotic removal for such small modifications. This amendment is to provide some relief to the property owner so that they are not obligated to remove exotics if they are proposing a minor change and shall not apply to tents, awnings, cabanas, or screened enclosures not having a roof impervious to weather. This shall not apply to remodeling of any existing structure. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 2004 This version was created on December 7, @ ..,.. -.»~,._--_..- 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation Prohibited exotic vegetation specifically includes the following: Earleaf acacia (Acacia auriculiformis) Australian pine (Casuarina spp.) Melaleuca (Me1aleuca spp.) Catclaw mimose (Minosa pigra) Downy rosemyrtle (Rhodomyrtus tomentosa) Brazilian pepper (Schinus terebinthifolius) Java plum (Syzygium cumini) Women's tongue (Albizia lebbeck) Climbing fern (Lygodium spp.) Air potato (Dioscorea bulbifera) Lather leaf (Colubrina asiatica) Carrotwood (Cupaniopsis anacardioides) A. General. I. Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions of each local development order. 2. Native vegetation shall be protected during the process of removing prohibited exotic vegetation, in accord with the provisions of section 3.05.04. 3. Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes: a. From all rights-of-way, common area tracts not proposed for development, and easements prior to preliminary acceptance of each phase of the required subdivision improvements. ® b. From each phase of a site development plan prior to the issuance of the certificate of occupancy for that phase. c. From all golf course fairways, roughs, and adjacent open space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility. d. From property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvement prior to the issuance of a certificate of occupancy. 4. In the case of the discontinuance of use or occupation ofland or water or structure for a period of 90 consecutive days or more, property owners shall, prior to subsequent use of such land or water or structure, conform to the regulations specified by this section. 5. Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative. 6. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U. S. Environmental Protection Agency. 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. B. Exotic vegetation maintenance plan. 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 describe 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 contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violation of this section. The development services director's field representative shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance, for compliance with this section. C. Applicability to new structures and to additions on single-family and two-family lots. In addition to the other requirements of this section, the @ b. From each phase of a site development plan prior to the issuance of the certificate of occupancy for that phase. c. From all golf course fairways, roughs, and adjacent open space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility. d. From property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvement prior to the issuance of a certificate of occupancy. 4. In the case of the discontinuance of use or occupation of land or water or structure for a period of 90 consecutive days or more, property owners shall, prior to subsequent use of such land or water or structure, conform to the regulations specified by this section. 5. Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative. 6. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency. 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. B. Exotic vegetation maintenance plan. 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 describe specific techniques to prevent reinvasion by prohibited exotic vegetation ofthe site in perpetuity. This maintenance plan shall be implemented on a yearly basis at a minimum. Issuance of the local development order shall be contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violation ofthis section. The development services director's field representative shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance, for compliance with this section. c. Applicability to new structures and to additions on single-family and two-family lots. In addition to the other requirements of this section, the 0'0 applicant shall be required to remove all prohibited exotic vegetation before a certificate of occupancy is granted on any new principal or accessory structure and any additions to the square footage of the principal or accessory structures on single-family or two-family lots. This shall not apply to tents, awnin2s, cabanas, utility stora2:e sheds, or screened enclosures not havin2: a roof impervious to weather. This shall not apply to interior remodelin2: of any existin2: structure. 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. G~ LDC Amendment Request ORIGIN: Public Utilities Division AUTHOR: Ray Smith, Director DEPARTMENT: Pollution Control and Prevention AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC3:58 LDC SECTION: Section 3.06.06 LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Through the "Wellfield Remodeling" exercise, Collier County's Ground Water Protection LDC will better reflect the current status of those municipal wells located within the County. REASON: Wellfield Remodeling FISCAL & OPERATIONAL IMPACTS: There are no known fiscal impacts on Collier County other than the cost of updating the existing Ground Water Protection LDC maps and Zoning Maps. The only known operational impact would be the required identification and application of changes in County's Ground Water Protection LDC land use restrictions, due to changes in active municipal potable water well locations and pump rates. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 1:31 p.m. This version was created on December 14, 2004 at The illustrations accompanying this Amendment request are saved in the subfolder entitled Illustrations in this Cycle's general folder. They were not included as they are bitmap files, but should be transmitted along with this document. Amend the LDC as follows: 3.06.06 Regulated Wellfields @ The following wellfield risk management special treatment overlay zones, as defined in section 3.06.03, and criteria specified herein shall be applied to the following wellfields: A. City of Naples East Golden Gate Well Field Vlellfield. B. City of Naples Coastal Ridge Well Field (Goodlette Road) V/cllfield. C. Collier County Utilities Golden Gate Well Field Vlellfiø1d. D. Everglades City Well Field Wellfield. E. Florida Governmental Utility Authority Golden Gate City Well Field v..Tater Treatment Plant V/ ellfield. F. +he Orange Tree Well Field v..T ellfield. G. Immokalee 'Nater and SevIer District Well Field. wellfields drilled into the Lower Tamiomi aquifers and Sandstone aquifers. c:!!iJ COlliER COUNTY UTiliTIES GOLDEN GATE WEll FIELD ÓII:. nWËi.[-RoÁéj'" .. lë:R:""'aS8) 20 24 19 NAPlES-IIoAIrAOKAlEE ~OAD JO 2. J1 J2 1J JO 2. 2. 25 J1 J2 JJ J. JS J6 ... _ ". !,~~_~.!~ 'FE - 7S @) CITY OF NAPLES COASTAL RIDGE WELL FIELD l.lE; C·~<].l~,i\... -",¡~,>-.:."j - .2.ß:"'''"\ .... ...J.. ¡ ". ;: I,,". i .............." ~/ ~ L.,...."j )K·.:,~. fJ,'::"f,;'?)~; ~ ~~:;,~~~ ~,?[:~ { ~ ~ '~ç':J~, . li<t :,:<;'i?'~ '7".";>'\'·'jZr~n:!~ VAND~~Ï31LT BEACH ROAD EXT,I ~«.:~:;".:"\\ I. },~~ '" . '~,;~~~'\§§,--, :_~~i"" · · ! \~, !:))ì { t:~<J Li/ ~,~.... ~ ) {,,: '\f', _,rp ,,,: ~.; -<' " J" ! ',-;;,' .:,::::jl" þþ ~ < l',~,.., ~ \ \,A\,!~f' (1 ~ .. P~ RID ROAD ¡·T (C.R. 896) / ... ! Ÿ '. c, ,:~~~"~"'j:ç ; <:.) '!:1'~'" " : ......, '~J) ~I~'g,?~ ';)"1 ('0,_ I ../> ....._". ~:},l}~::/ j ~..i 1 ~~ <~~:,~~;. " '....,,,..ç < "'"i f c i <I l;~\r:, l!~:~r<" J'i·~ rir"I~"7';Î:;~q-¡ .' .. 1....". /,. ""....'" .) . ; .',.....,..., 4;"" ·'..Cf\·:l.'." : F'::./;ë;ë·"~ ¡ I';"~/ ;.,:.~, J;,) \\:, ......,... l,'::è't::::'\···,. 5./.) .( ,r) ) i"~:\'.' 2.!~i·f~i· '! )i ~ (C.R. 886) V..,. <\"~;\·::i;r,J. \,2::~; ,_Y/~LDE:~?~,t:>RKWAY::- 25 //: .. 30:: .,...... ,\\, ,\:":::::,::!--/; ~~J /·.1)' \ i ~ : .,.. l'~)~,'·h~ :::r:~ + ~ I' 'd¡ /' , .! ;:;' > ~..J~ {. ~:7'~ ~ il :~,t: ". ...""...,....., .' ,.. .. ~ ..,..." NAPLES "'.", ~ .~. -~~~ R~ ; 7 . @ EVERGLADES CITY WELL FIELD JJ\.f>lE'S ..... SCENIC 36 31 32 35 2 5 11 8 G9J FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN GATE CITY WELL FIELD (~ 24 25 36 I _ RANDALL 8DUl£V7 ~·7 ~" ~ " r¡ f~{--\\ ~ 1 ..... 1 I ( > ~~.. ~.. I> <~ '''''".....\ . > ? -< < ) '31\ \ 32\,> <J ~r " \ ~~.~) ) / ~ ....... ~ I ~ ~ r? \\~ \) ~ I '(þ~~<¡ \ ((r~ 'r?C~ ~ ' \ J I i?Jj,~~,\\ ~ t'? ~ \ \ ~\'4 (\);'~ ~!/ fìf> ! \¥ r.~nFN r.m\ : \ \ \ g\ ~ >'> <~ -=< "UULlVN<D \ ~ , ? í'? ~ f'--{ »<-< -< 7 '- .. ç,> < < < 9 '.::») <- < j ·1 51 "::, ~« ¿ ? ~.,.. l»¿<. J ~. 18 f ~( ...~~ <~ )!16 { \~ Cç ~~ ') ...~..... }' ..'" 1;7 'I, ì .~ ~) ( ! \ ~ /1/ 19 " '\, 20/21 .. ~ V CITY OF NAPLES EAST GOLDEN GATE WELL FIELD OIL· wElL RDAI) (ê.R.BŠ8) 24 19 ~ 7 -............ 21 ~ '\ .',.. .. : . 25 , . 36 \ \ GC LDEN \ 12 . . .. 13 24 @ OIL I'ÆLl RDAD (C.R. 858) .. . 22 27 I < 34 ) 3 10 -< 15 22 IMMOKALEE WELL FIELD 17 FJI o:;i 1/)' @ ORANGE TREE WELL FIELD 10 z ··'0 ~~L It OIL WELL ROAD (C.R. 858) 22 23 24 @ 7 18 ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2005 Cycle I LDC PAGE: LDCIUDC SECTION: LDC section 4.06.01.E.3. maybe LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Require certification of installed landscapes. REASON: To ensure compliance with landscape plan and expedite landscape inspection approvals. FISCAL & OPERATIONAL IMP ACTS: There will be a minor hourly cost to send the designer out to the site to ensure compliance with the approved plan. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMP ACT: None. OTHER NOTES: This landscape certification has been successful in other counties such as Lee County. The development community and governmental agencies have embraced it because it has resulted in obtaining approvals more smoothly and quickly. Amend the LDC as follows: 4.06.01 E.3 [new section] Landscape certificate of compliance. The LANDSCAPE architect must inspect and certify that all open space area, landscaping and the irrigation system are in substantial compliance with the landscape and irrigation plans approved as part of the development order. Insubstantial changes to an approved landscape plan shall be approved through the Insubstantial Change process. ~~ LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Kim Hadley (consultant)/Stan Chrzanowski DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC4:107-108 LDC SECTION: Section 4.06.04 A and B. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Adding language to allow for Preliminary Clearing and Excavation Permits under certain circumstances. Deleting Section 4.06.04 B. REASON: Allow for preliminary clearing once the Environmental review is complete and approved. Regarding Section B, this language is also contained in section 3.03.06 and is more appropriately located in that section. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: LDC Section 3.05.05, LDC section 3.03.06 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version was created on April 8, 2005 Note that a search should be performed of the entire LDC and any references to these section numbers should be modified accordingly based on this change. Amend the LDC as follows: 4.06.04 Trees and Vegetation Protection A. Vegetation Removal and Site Filling: 1. Clearing of woody vegetation requires a Vegetation Removal Permit or Vegetation Removal and Site Filling Permit unless exempted by section 3.05.02. The Vegetation Removal Permit process is governed by section (S§) 3.05.01.3.05.05. a. Permitted removal of vegetation or site filling with an approved Vegetation Removal and Site Filling Permit (VRSFP), Site Development Plans (SDP) or Plat and Construction Plans (PPL) 1. For individual single family lots or blocks of lots 1) a completed building permit application must be submitted and deemed sufficient by Collier County, 2) all necessary current state and Federal environmental permits must be obtained. If these two items are fulfilled, a VRSFP must be obtained prior to removal of this vegetation. 11 To allow for safety during tree removal, if a developer owns contiguous single-family lots, the trees on the single family lots directly adjacent to a lot where a house is under construction may be removed, if removal at a future date may be a danger to life or property. A VRSFP must be obtained prior to removal of this vegetation. iii. A developer will be permitted to clear up to ~ 100 acres of residential, commercial, or industrial lots or building sites to store excess fill generated by lake excavations within the PUD or project where the excavation is taking place when the following information has been submitted and approved with the SDP or PPL. Fill dirt may be imported on to the site if there is no excess lake material generated on site. Imported fill dirt may be used towards the lot preparation of not more than 50 acres, per section 4.06.04.A.l.a.iii.c. a) Plat and Construction Plans: Clearing for the construction of the infrastructure, such as road rights-of-way, and drainage and utility easement areas shall be approved on site clearing plans within that phase of approved residential, commercial or industrial Plat and construction Plans. Clearing of individual lots or blocks of lots may be approved. i) The limits of each separate stockpile must be clearly delineated and the area, height, cross-section, and volume of each individual stockpile must appear on the drawing referenced to the stockpile. Slopes must not be steeper than a ratio of 4: 1. ,..-.. ii) The type of vegetation to be removed must be shown on the drawing. @7) iii) The source of the material, such as lake number (lake #) for each stockpile must be indicated on the drawing and the amount of material excavated must justify the need to clear the proposed area. b) Site Development Plans (SDPs) and Site Improvement Plans (SIPs): i) Commercial and industrial: Clearing for all infrastructure improvements and for building pads shall be approved on the SDP or SIP site clearing plans. if) Residential SDPs: Clearing for the construction of the infrastructure, such as road rights-of-way, and drainage and utility easement areas shall be approved on SDP clearing plans Clearing of individual lots or blocks of lots may be approved. iii) The limits of each separate stockpile must be clearly delineated and the area, height, cross-section, and volume of each individual stockpile must appear on the drawing referenced to the stockpile. Slopes must not be steeper than a ratio of 4:1. iv) The type of vegetation to be removed must be shown on the drawing. v) The source of the material, such as lake number (lake #) for each stockpile must be indicated on the drawing and the amount of material excavated must justify the need to clear the proposed area. c) A portion of the ~ 100 acres may be used to bring building lots to desired construction elevations. The area used to prepare lots shall not exceed .w 50 acres and those lots shall immediately be stabilized and seeded, to prevent erosion and exotic seed infestation. A separate VRSFP may also be obtained after SDP or PPL approval prior. IV. No VRSFP will be issued without first submitting copies of all required approved agency permits, regardless of whether the permit is for clearing and filling or simply filling a site. v. When a VRSFP authorizing up to ~ 100 acres of clearing and filling is nearing capacity, permission to clear and fill up to an ~ additional ~ 100 -acres to use excess lake material may be applied for with a new VRSFP application. VI. A VRSFP will be issued to authorize greater than ~ 100 acres of residential, commercial, or industrial lots to store excess fill generated by lake excavations within the PUD or project where the excavation is taking place, when the property used for storing excess fill has been previously cleared or has greater than 75% canopy of exotics. vii. Revegetation: For VRSFPs within subdivisions, a revegetation bond in the form of a performance bond, letter of credit, or cash bond and in the amount of $5,000.00 per acre must be posted. a) When fill is used to bring building lots to desired construction elevations those lots shall immediately be seeded, to prevent erosion and exotic seed infestation. b) All fill areas for lots or stockpiles must have erosion control silt fencing. c) Any stockpile in place for more than six months must be sodded or hydro seeded. Failure to do so within 14 calendar days of notification by the county will result in a fine of $10.00 per acre, per day. d) In the event that any portion of the stockpile is in place for greater than 18 months, the county will order the fill to be removed and the land to be revegetated. The density and type of revegetation must mimic nearby ecosystems, and must not be less than 64 trees per acre with associated mid-story and groundcover. 2. BCC Approved Vegetation Removal and Site Filling Permit Procedures An applicant can seek approval by the Board of County Commissioners for a Board approved Vegetation Removal and Site Filling Permit (VRSFP) for a site that exceeds current thresholds contained in the Land Development Code. To be granted a Board Approved VRSFP, the applicant must demonstrate to the Board, through a Schedule of Development Activities, that the project will be completed in a reasonable amount of time so as to minimize noise, dust, blasting, traffic, and inconvenience to the neighboring and general public. All criteria in 4.06.04 A.1.a that applies to the administrative VRSFP, shall also apply to the BCC approved permit. GÐ B. Protection of native yegetatiÐn on coastal barriers. Native vegetatiÐn retention or revegetation shall be in compliance with the requirements of section 3.05.07 and shall incorporate at a minimum the preservation and revegetation standards as follows: 1. Native vegetation shall be preserved to the maximum extent possible. To the extent that native vegetation cannot be retained on site and the remaining Dative vcgetation can be supplemented without degrading or damaging its natural function, then thc existing native vegetation shall be supplemcnted with compatible vegetation on sitc. 2. All bcachfront land devclopment projects shall be required to revegetate the dUDe where the dane is devoid of coastal daDe vegetation. 3. ,^...llland development projects shall pro':ide 100 percent nati'/e Southern Floridian species within their required landscaping and baff.ering standards as established '.vi thin this section 1.06.00. 1. l...ppropriate coastal dane or strand vegetation shall be required as the only stabilizing medium in any coastal barrier dane or strand vegetation restoration program. I* B. Credit for Tree Preservation. Existing trees may be credited towards meeting the minimum tree planting requirements according to the formula in table 4.06.04 I* B. - 1. Fractional measurements shall be attributed to the next lowest category. Table 4.06.04 Do B. - 1. Calculation Of Tree Preservation Credits Existing Crown or Spread of Preserved Trees 50 feet or greater or 40 to 49 feet or 30 to 39 feet or 20 to 29 feet or 10 to 19 feet or Less than 1 0 feet or Diameter of Tree at 4.5 Feet Above Natural Grade 26 inches or greater 20 to 25 inches 13 to 19 inches 8 to 12 inches 2 to 7 inches 1 1/2 to 2 inches = Number of Tree Credits = 3 2 2 1* 1* 1* -.I = - - = = = *Credited against equivalent required tree only. @ 1. Trees excluded from preservation credit. No credit shall be given for preserved trees which: a. Are not located within the areas of the property for which trees are required by the Code; b. Are located in required natural preservation areas indicated on an approved master land use plan, site development plan or plat; c. Are required to be preserved by federal, state or local law, such as mangroves; d. Are not properly protected from damage during the construction process, as provided in section 4.06.05 C 10.; e. Are prohibited species identified in section 4.06.05 C.8.; f. Are dead, dying, diseased, or infested with harmful insects; g. Are located in recreation tracts, golf courses or similar subareas within planned developments which are not intended to be developed for residential, commercial or industrial use (unless abutting said use, and the required buffer width is dedicated on the plat as a landscape buffer easement); or h. Are not located within the boundaries of the parcel. @ ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2005 Cycle I LDC PAGE: LDC4:108 LDCIUDC SECTION: Create new LDC section 4.06.05 "Cultivated Tree Protection and Tree Replacement Fund (There will be a subsequent renumbering of the current sections). LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Add tree preservation language to the code and create a Tree Replacement Fund. REASON: Trees are a valuable community asset. Trees contribute to a healthy, beautiful, and safer community. This is accomplished by the trees carbon dioxide absorption, oxygen production, dust filtration, heat reduction (thereby lowering energy consumption and costs), soil erosion prevention, surface drainage improvement, beautification and aesthetic enhancement of improved and vacant lands and increase property values. Currently, trees in Collier County have no protective status as they do in other communities. FISCAL & OPERATIONAL IMPACTS: Tree Removal Permit applicants will have the option of replacing an above minimum code required tree on the same site the tree was removed from or they may opt to pay a fee of $ 100 into a Tree Replacement Fund. Money from the Tree Replacement Fund will be used to purchase, install and maintain trees on public land. In addition, there will be a cost to staff to collect the money. Staff will monitor the Tree Replacement Fund and will make recommendations for adjustments. RELATED CODES OR REGULATIONS: LDC 4.06 "Landscaping, Buffering, and Vegetation Retention," and LDC 10.02.061. "Tree Removal Permit." GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: This regulation lays the foundation for the Tree Removal Permit process and the Tree Replacement Fund. Please note that the $ 100 tree replacement fee shall be established as part of the Fee Schedule by the Board of Collier County Commissioners. Amend the LDC as follows: 4.06.04 Trees and Vegetation Protection * * * * * * * * * * * * * Ç¿) c. Cultivated Tree Protection and Tree Replacement Fund 1. Purpose and Intent. The purpose of this section is to establish regulations for the protection and preservation of cultivated trees and palms and their related canopy coverage. It is the intent of this section to insure that all developed property within the county limits does not fail to meet or exceed the current minimum landscape code requirements. 2. Applicabilitv. Trees and palms required under the landscape provisions of this Code shall be protected in perpetuity. No person shall remove, relocate. or otherwise destroy any tree or palm or cause, allow, authorize, or assist in the removal. relocation or destruction of same without first obtaining a "Cultivated Tree Removal Permit" from the County Manag:er or designee. The application shall be reviewed by the Community Development and Environmental Services Division based upon the criteria set out in Section 10.02.06 J. 3. of this Code. 3. Removal of Protected Tree(s). Trees that have been approved for removal shall require replacement as outlined in Section 10.02.06 1. 5. of the approved Cultivated Tree Removal Permit. Those trees that cannot be replaced on site shall be mitigated by the payment of a replacement fee to the County's Tree Replacement Fund. 4. Exempted Activities. a. Single Familv Lots. Trees located on any developed single family lot or duplex lot shall be exempt from the requirement to obtain a Cultivated Tree Removal Permit. Exempted areas do not include any areas of common ownership within manufactured home parks or residential subdivisions. b. Trees located on unimproved lots shall obtain a Vegetation Removal Permit in accordance with Section 3.05.05 of this Code. c. Hazardous trees, as determined by a certified arborist. horticulturist or landscape architect registered in the State of Florida, shall not be required to make a payment into the Tree Replacement Fund. Upon receipt of a letter of determination. hazardous code-required trees will be issued a Cultivated Tree Removal Permit. 5. Tree Replacement Fund. Any payments collected in lieu of cultivated tree replacement shall be deposited into the Tree Replacement Fund. a. These funds shall be designated for the planting of trees on public lands which includes the cost of those incidental materials. e.g., mulch, fertilizer, irrigation systems, etc., required for trees to be planted and maintained, as well as. those costs associated with the administration ofthis program. (CE) ".._------,_._,,-- b. The Tree Replacement Fund shall be used for landscaping county roadway and pathway beautification projects, and other public projects. These funds shall be not be used for the purchase of funded and or required landscaping. c. When payment is made into the Tree Replacement Fund the amount of payment will be in the amount established by the BCC. 6. Si5mificant Trees. In order to help preserve significant trees (twenty four (24) inches DBH or greater), an applicant for a Cultivated Tree Removal Permit shall be required to pay double the tree replacement fee into the Tree Replacement Fund. @ ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, Landscape Architect DEP ARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2005 Cycle I LDC PAGE: 4:119 LDCIUDC SECTION: LDC section 4.06.05 L (new section) LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Require certification of installed landscapes prior to County inspection. REASON: To ensure compliance with approved landscape plans and expedite landscape inspection approvals. FISCAL & OPERATIONAL IMPACTS: There will likely be an hourly cost to the applicant to send the landscape architect out to the site to ensure compliance with the approved plan or that cost may be incorporated into an overall fee charged to prepare the landscape plans. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: This landscape certification has been successful in other counties such as Lee County. The development community and governmental agencies have embraced it because it has resulted in obtaining County inspection approvals more smoothly and quickly. Amend the LDC as follows: 4.06.05 General Landscaping Requirements * * * * * * * * * * * * * L. Post-installation landscape certificate of compliance. All proiects which require the submission of landscape plans by a registered Landscape Architect must be inspected and certified that the landscaping and irrig:ation systems meet or exceed the landscape and irrigation plans approved by the County as part of the development order review process. Proof of certification shall be provided on a form @ approved by the County Manager or his designee and must be submitted to the En ineerin Services De artment Director rior to the re uest for Coun . ins ection. This regulation applies to proiects submitted after the adoption date of this ordinance. ({:0 LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Stan Litsinger DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC 4:128- 4:207 LDC SECTION: 4.08.00 RURAL LANDS STEWARDSIDP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES LDC SUPPLEMENT #: 2 CHANGE: Implementing provisions for the update, clarification and corrective GMP amendment for the RLSA known as the "glitch" amendment CPSP-2003-11 adopted by the BCC on October 26, 2004. REASON: Required LDC to implement the "glitch" amendments FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This draft provided by Marti Chumbler, Esq., Carlton Fields, P.A. This version drafted February 1, 2005. Amended April 25, 2005; May 25, 2005. Amend the LDC as follows: 4.08.00 RURAL LANDS STEW ARDSIDP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES 4.08.01 Specific Definitions Applicable to the RLSA District As used in the RLSA District Regulations, the terms below shall have the following meanings, set forth below, to the exclusion of any meanings ascribed to such terms in section 1.08.00: A. - K. No change. TAL#540924.4 0ii) L. Incidental Clearing - Clearing of no more than 1 % of the area of an SSA, which is conducted to accommodate the ability to convert from one Ag 1 use to another Ag 1 use and which connects existing: Ag 1 acres, squares UP existing: Ag: 1 farm fields, or provides access to or from Ag 1 areas. Renumber L. through WW to M through xx. 4.08.02 through 4.08.04. No change. 4.08.05 Baseline Standards LaBEls "'itkiB the RLS.A... Distriet Prior to 8K\ ør 8RA.... DesigBatioB All lands within the RLSA District have been delineated on the RLSA Overlay Map. Unless and until designated as an SSA or SRA, lands within the RLSA District shall remain subject to the Baseline Standards. A. PUrJJose and intent. These Baseline Standards will remain in effect for all land within the RLSA District unless or until such land becomes subiect to the transfer or receipt of Stewardship Credits, except as to those a2ricultural uses subiect to sections 163 .3162(4) and 823 .14(6), Florida Statutes. The Baseline Standards are intended to protect water quality and quantity. maintain the natural water regime, and protect listed animal and plant species and their habitats on land that has not been designated as an SSA or SRA. The opportunity to voluntarily participate in the Stewardship Credit Program, as well as the right to sell conservation easements or a fee or lesser interest in the land, shall constitute compensation for the loss of any development rights related to these standards. B. Applicability of code. Except as otherwise specifically provided in this section 4.05.00, those provisions of this Code in effect as of July 25,2000. shall apply to all land within the RLSA District unless or until such lands become subiect to the transfer or receipt of Stewardship Credits. C. Private lands delineated FSAs, HSAs. and TVRA.s. Lands delineated FSA, HSA, or WRA on the RLSA overlay map have been identified through data and analysis as having a higher quality natural resource value than those lands not delineated. Although any land within the RLSA District can be designated as an SSA. generally those lands delineated FSAs. HSAs. and WRAs are the most likely candidates for designation because of the hig:her credit values applied to lands with those delineations. D. Private lands delineated as open. Lands not otherwise classified as FSA. HSA, or WRA are delineated as "open" on the RLSA overlay map and are generally of a lower natural resource quality. Open lands may be designated as either SSAs or SRAs. E. Area of critical state concern (ACSC). The RLSA District includes lands that are TAL#540924.4 em F. ^ ¿ .1... &:. G. within the ACSC. Those ACSC lands are depicted on the RLSA overlay map and are eligible for designation as SRAs. subject to additional standards set forth in subsection 4.08.07 A.2. All ACSC regulations continue to apply to ACSC lands within the RLSA District regardless of designation. Public or private conservation lands. Those lands within the RLSA District that are held in public ownership or in private ownership as conservation lands may be delineated on the RLSA overlay map as FSA. HSA. or WRA but are not eligible for desi~ation as either an SSA or SRA. Baseline Standards. The Baseline Standards shall apply l:1iltillB:Bds within the RLS,,\' District are vohmtarily designated as an S S,,\' or SRA and shall remain in effect for all land not subjeet to the transfer or receipt of Stewardship Credits. No increase in density or intensity within the RLSA District is permitted beyond the Baseline Standards except in areas designated as SRAs. Within SRAs, density and intensity may be increased through the provisions of the Stewardship Credit System and, where applicable, through the affordable housing density Bonus as referenced in the density Rating System of the FLUE, and the density and intensity blending provision of the Immokalee Area Master Plan. C. Lands 'Within the RLS,,^.. Distriot Not Designated SS,,^.. or SR...^.. Subject to Special Environmental Standards. In order to proteøt \vater quality and quantity and maintenance of the na-tural water regime in areas mapped as FS,,^..s on the RLS.^.. Overlay Map prior to the time that they are designated as SS,,\'s under the Stewardship Credit Program, Residential Uses, General eÐBditiÐBM uses, Earth Mining and Processing Uses, and Recreational Uses (Layers 1 1) as listed in Section 4.08.06 B. shall not be permitted in FS...^..s within the RLS...\. District. eÐBditiÐBaluse esseBtial serviees and governmental esseBtial seniees, except those necessary to serye permitted uses or for public safety, shall only be allowed in FS,,\'s with a Natural Resource Stewardship Index value of 1.2 or less. In order to protect water quality and quantity and maintenance of the natural water regime and to protect listed animal and plant species and their habitats in areas mappedas FS...^..s, HS,,^..s, and "',VRAs on the RLS...^.. Overlay Map that are not within the ,,^..CSC, the use of suoh land for a non agrioultural purpose under the Baseline Standards shall be subjeet to environmental regulations implementing Policies 5.1 through 5.6 of the RLS...^.. Overlay, which regulations shall be adopted by December 13,2003. H. Allowable uses. The permitted. accessory. and conditional uses allowed shall be those set forth in section 2.03.00 in effect as of July 25.2000. with the following: exceptions: TAL#540924.4 1. Residential Uses. General conditional uses. Earth Mining and Processing Uses. and Recreational Uses (layers 1--4) as listed in the Matrix at section 4.08.00 shall be eliminated in all FSAs. as provided in section 4.08.00. (é;jt) 2. Conditional use essential services and governmental essential services, except those necessary to serve permitted uses or for public safety, shall only be allowed in FSAs with an Index value of 1.2 or less. as provided in section 4.08.00. 3. Directional-drilling techniques and/or previous Iv cleared or disturbed areas shall be utilized for oil and 2as exploration and oil and gas field development and production activities in FSAs and HSAs in order to minimize impacts to native habitats, when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as in effect on ,2005 (the effective date of this provision, regardless of whether the activity occurs within the Big Cypress Watershed. as defined in Rule 62C- 30.001(2). F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and ~as permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected uom unauthorized uses according to the standards established in Rule 62-30.005(2)(a)1 through 12, F.A.C. 4. Asphaltic and concrete batch making plants shall be prohibited in areas mapped as HSAs. 1. Standards almlicable inside the ACSC. RLSA District lands within the ACSC shall be subject to all ACSC regulatory standards, including: those that strictly limit non- agricultural clearing. J. Standards applicable outside the ACSC. Except to the extent superceded by L. or M. below, the following standards shall apply to all development within those areas of the RLSA District that are outside of the ACSC, other than agricultural operations that fall within the scope of sections 163.3162 (4) and 823.14(6). F.S., and single family residential dwellings, unless or until such lands are subiect to transmittal or receipt of Stewardship Credits: I. A wildlife survey, as set forth in Chapter 10. shall be required for all parcels when listed species are known to inhabit biological communities similar to those existing on site or where listed species are directly observed on the site. 2. Iflisted species are directly observed on the site of the proiect or are indicated by evidence, such as denning, foraging, or other indications, first priority shall be given to preserving the habitat of such listed species a minimum of 40% of native TAL#540924.4 60 vegetation on site shall be retained. with the exceµtion of clearing: for incidential purposes. 3. If the wildlife survey indicates that listed species are utilizing the site. or the site is capable of supµorting and is likely to support listed species. a wildlife habitat manag:ement plan shall be prepared and submitted to the County. a. The wildlife habitat management plan within the RLSA District shall include the following: techniques to protect listed species from the negative impacts of development: 1. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. 11. Fencing. walls. other obstructions. or other provisions shall be used to minimize development impacts to the listed species and to encourage wildlife to use wildlife corridors. 111. Roadways crossings. underpasses. and signag:e shall be used where roads must cross wildlife corridors. b. The wildlife habitat manag:ement plan shall also incorporate the following: 1. A description of the techniques used to direct incompatible land uses away from listed species and their habitats and to comply with the criteria identified in 1 and 2 above. as applicable: 11. Identification of appropriate lighting controls for permitted uses and a consideration of the opportunity to utilize prescribed burning to maintain fITe-adapted preserved vegetation communities and provide browse for white-tailed deer. consistent with the UFWS South Florida Multi-Species Recover Plan. May 1999. except as recommended otherwise by the UFWS or FFWCC: and 111. If the development will be larger than 10 acres. a monitoring program. c. The following references shall be used. as appropriate. to prepare the wildlife habitat management plan: 1. South Florida Multi-Species Recovery Plan. USFWS. 1999. 11. Habitat Management Guidelines for the Bald Eagle in the Southeast Region. USFWS. 1987. TAL#540924.4 (iì) TAL#540924.4 111. Ecology and Habitat Protection Needs of Gopher Tortoise (Gopherus polyphemus) Populations found on Lands Slated for Large Scale development in Florida, Technical Report No.4, Florida Game and Fresh Water Fish Commission, 1987. IV. Ecology and development-Related Habitat Requirements of the Florida Scrub Jay (Apelocoma coerulescens). Technical Report No. 8, Florida Game and Fresh Water Fish Commission, 1991. v. Ecology and Habitat Protection Needs of the Southeastern American Kestrel (Falco Sparverius Paulus) on Large-scale development Sites in Florida, Nongame Technical Report No. 13, Florida Game and Fresh Water Fish Commission, 1993. d. The following species specific provisions shall be included within the wildlife habitat management plan if the wildlife survey indicates that the identified species utilizes the site or the site is capable of supporting and is likely to support such species: 1. Gopher tortoise. For parcels containing gopher tortoises (Gopherus polyphemus). priority shall be given to protecting the largest. most contiguous g:opher tortoise habitat with the greatest number of active burrows, and for providing a connection to off site adiacent gopher tortoise preserves. 11. Florida scrub iay. Habitat preservation for the Florida scrub iay (Aphelocoma coerulescens) shall conform to the guidelines contained in Technical Report No.8, Florida Game and Fresh Water Fish Commission, 1991. A maintenance program shall be established, which shall specify appropriate fire or mechanical protocols to maintain the natural scrub community. A public awareness program to educate residents about the on-site preserve and the need to maintain the scrub veg:etation shall be developed. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan, May 1999. 111. Bald eag:le. For the bald eag:le (Haliaeetus leucocephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting: certain activities. The plans shall also address restricting certain types of activities during the nest season. These requirements shall be consistent with the UFWS South Florida Multi-Species Recover Plan. May 1999. IV. Red-cockaded woodpecker. For the red-cockaded woodpecker (Ipicoides borealis), the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and 60 to minimize impacts to foraging habitat. Where adverse effects cannot be avoided. measures shall be taken to minimize on-site disturbance and compensate or mitig:ate for impacts that remain. These requirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan. May 1999. v. Florida black bear. In areas where the Florida black bear (Ursus americanus floridanus) may be present. the management plans shall require that garbage be placed in bear-proof containers. at one or more central locations. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the manag:ement plan. VI. Panther. For projects located in Priority lor Priority II Panther Habitat areas. the management plan shall discourage the destruction of undisturbed. native habitats that are preferred by the Florida panther (Felis concolor coryi) by directing: intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn. these areas shall be buffered from the most intense land uses of the project bv using low intensity land uses (e.g.. parks. passive recreational areas. golf courses). 4. On property where the wildlife survey establishes that listed species are utilizing the site or where the site is capable of supporting listed species and such listed species can be anticipated to OCCUPy the site. the County shall. consistent with the RLSA Overlay of the GMP. consider and utilize recommendations and letters of technical assistance from the State of Florida Fish and Wildlife Conservation Commission and recommendations from the U.S. Fish and Wildlife Service in issuing development orders. It is recognized that these agency recommendations. on a case-by-case basis may change the requirements contained in herein and any such change shall be deemed consistent with this Code. K. Golf course standards. Except as otherwise required by L. or M. below. all golf courses within the RLSA District that are not within an SRA shall be subiect to the following requirements: 1. TAL4540924.4 Golf courses shall be designed. constructed. and manag:ed in accordance with Audubon International's Gold Signature Program. The project shall demonstrate that the Principles for Resource Manag:ement required by the Gold Signature Program (Site Specific Assessment. Habitat Sensitivity. Native and Naturalized Plants and Natural Landscaping:. Water Conservation. Waste Management. Energy Conservation & Renewable Energy Sources. Transportation. Greenspace and Corridors. Agriculture. and buildim! Design) have been incorporated into the (fi;) golf course's design and operational procedures. In addition to addressing these requirements. golf courses shall meet the following specific criteria: a. In order to prevent the contamination of soil, surface water and ground water by the materials stored and handled by golf course maintenance operations, golf courses shall comply with the Best Management Practices for Golf Course Maintenance Departments, prepared by the Florida Department of Environmental Protection, May 1995. b. To protect ground and surface water quality from fertilizer and pesticide usage, g:olf courses shall demonstrate the following management practices: 1. The use of slow release nitrogen sources: 11. The use of soil and plant tissue analvsis to adiust timing and amount of fertilization applications: 11l. The use of an integrated pest management program using: both biological and chemical agents to control various pests: IV. The coordination of pesticide applications with the timing and application of irrigation water: and v. The use of the procedure contained in IFAS Circular 1011. Managinf! Pesticides for Golf Course Maintenance and Water Quality Protection, May 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water quality. 2. To ensure water conservation, golf courses shall incorporate the following in their design and operation: 3. TAL#540924.4 a. Irrigation systems shall be designed to use weather station information and moisture-sensing systems to determine the optimum amount of irrigation water needed considering: soil moisture and evapotranspiration rates. b. As available, golf courses shall utilize treated effluent reuse water consistent with Sanitary Sewer Sub-Element Obiective 1.4 and its policies: c. Native plants shall be used exclusively except for special purpose areas such as golf greens, fairways, and buildin!! sites. Within these excepted areas. landscaping plans shall require that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant speCIes. Stormwater management ponds shall be designed to mimic the functions of C7Ð natural systems: by establishing shorelines that are sinuous in configuration in order to provide increased length and diversity of the littoral zone. A Littoral shelf shall be established to provide a feeding: area for water dependent avian species. The combined length of vertical and rip-rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area requirements. on an acre- to- acre basis. shall be given for littoral shelves that exceed these littoral shelf area requirements. L. Standards avvlicable in FSAS, HSAS. and WRAS that are outside of the ACSC. The provisions of Chapters 3.4. and 10 in effect as of July 25.2000. shall apply to FSAs. HSAs. and WRAs that outside of the ACSC. with the following: exceptions: 1. Site clearing and alteration shall be limited to 20% of the property and nonpermeable surfaces shall not exceed 50% of any such area. 2. Except for roads and lakes. any nonpermeable surface greater than one acre shall provide for release of surface water run off. collected or uncollected. in a manner approximating the natural surface water flow regime of the surrounding area. 3. Roads shall be designed to allow the passag:e of surface water flows through the use of equalizer pipes. interceptor spreader systems or performance equivalent structures. 4. Revegetation and landscaping: of cleared areas shall be accomplished with predominantly native species and planting of undesirable exotic species shall be prohibited. M. Standards avvlicable to wetlands outside ofFSAS. HSAS. WRAS. and the ACSC. Wetlands located outside ofFSAs. HSAs. WRAs. and the ACSC shall be preserved in accord with the following: criteria: 1. The vegetative preservation requirement set forth in J .2. above shall first be met through preservation of wetlands having a functionality assessment score of 0.7 or greater. a. Applicants shall establish the wetland functionality score of wetlands using: the South Florida Water Manag:ement District's Unified wetland Mitigation Assessment Method. F.A.C. 62-345. Upland vegetative communities may be utilized to meet the veg:etative. open space. and site preservation requirements when the wetland functional assessment score of on-site wetlands is less than 0.7. b. In the alternative. an applicant may submit to the County a wetlands functional assessment conducted using the South Florida Water Management District's Wetland Rapid Assessment Procedure (WRAP). as described in Technical Publication Reg.-l. dated September 1997 and updated August 1999. if such assessment has been previously accepted by the South Florida TAL#540924.4 ® Water Management District or the Florida Department of Environmental Protection. If such an agency-accepted funcitonal assessment is submitted, the wetland preservation requirement set forth in E.2 above shall first be met through preservation of wetlands having a WRAP score of 0.65. Upland vegetation communities on land having a WRAP score of less than 0.65 may be utilized to meet the vegetative, open space, and site preservation requirements. 2. Wetlands utilized bv listed species or serving as corridors for the movement of listed species shall be preserved on site. 3. Wetland flowwav functions through the project shall be maintained. 4. Ground water table drawdowns or diversions shall not adversely change the hvdroperiod of preserved wetlands on or offsite and detention and control elevations shall be set to protect surrounding wetlands and be consistent with surrounding land and project control elevations and water tables. In order to meet these requirements, projects shall be designed in accordance with Sections 4.2.2.4.6.11 and 6.12 ofSFWMD's Basis of Review. January 2001. 5. All direct impacts shall be mitigated for as required bv applicable federal or state agencies and in the same manner as set forth in section 4.06.04 of this Code. 6. Single family residences shall follow the requirements contained within Policy 6.2.7 of the Conservation and Coastal Management Element. 7. Appropriate buffering shall be provided to separate preserved wetlands rrom other land uses. A minimum 50-foot vegetated upland buffer is required adjacent to a natural water body and for other wetlands a minimum 25-foot vegetated upland buffer adjacent to the wetland. A structural buffer, consisting of a stem- wall. a berm, or a vegetative hedge with suitable fencing, may be used in conjunction with a vegetative buffer that would reduce the vegetative buffer width bv 50%. A structural buffer shall be required adjacent to wetlands where direct impacts are allows. Wetland buffers shall conform to the following standards: a. The buffer shall be measured landward from the approved jurisdictional line. b. The buffer zone shall consist of preserved native veeetation. Where native veeetation does not exist, native veeetation compatible with the existing soils and expected hYdrologic conditions shall be planted. c. The buffer shall be maintained rree of Category I Exotics. d. The following land uses are considered to be compatible with wetland TAL#540924.4 ® functions and are allowed within the buffer: 1. Passive recreational areas, boardwalks and recreational shelters: 11. Pervious nature trails: 111. Water management structures: IV. Mitigation areas: v. Any other conservation and related open space activity or use which is comparable in nature with the foreg:oing uses. 8. Miti~ation Requirements. Mitigation shall be required for direct impacts to wetlands, such that the wetland functional score of the mitigation equals or exceeds the wetland functional score of the impacted wetlands. a. Priority shall be given to mitigation within FSAs and HSAs. b. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compensated for by providing an equal amount of storage or conveyance capacity on site and within or adjacent to the impacted wetland. c. Protection shall be provided for preserved or created wetland or upland veg:etative communities offered as mitig:ation by placing a conservation easement over the land in perpetuity, providing for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Plant Council) and continuing: exotic plant maintenance. or by appropriate ownership transfer to a state·or federal agency along with sufficient funding for perpetual manag:ement activities. 9. Prior to issuance of any [mal development order that authorizes site alteration, the applicant shall demonstrate compliance with paragraphs 8.a. through 8.c. above, as applicable. If state or federal ag:ency permits have not provided mitigation consistent with paragraphs 8 above, the County shall require mitigation exceeding that of the iurisdictional agencies. 10. Wetland preservation, buffer areas, and mitigation areas shall be identified or platted as separate tracts. In the case of a Planned Unit development (PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Category I Exotics. Land uses allowed in these areas shall be limited to those identified in 7.d. above. 4.08.06 SSA Designation. Lands within the RLSA District may be designated as SSAs subject to the following regulations: TAL#540924.4 fli) A. No change. 1. No change. 2. FSA Delineated Lands. a. - b. No change. c. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for OIL AND GAS EXPLORATION and oil and gas field DEVELOPMENT, and production activities in FSAs in order to minimize impacts to native habitats when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit requiring compliance with the criteria established in the Florida ,,^~drn.instrativø Code Chapter 62C-25 through 62C- 30, F.A.C., as those rules existed on ,2005 (the effective date of this provision). regardless of whether the FS.^~ in ',Tlhich OIL }~~D C"A...8 EXPLOR...A...TION and oil and gas field DEVELOPMENT itRd production aotivities is activity occurs within the Big Cypress Swamp as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state permits for proposed oil and gas actitivies in Collier County, so long: as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F AC. For those areas of Collier County outside the boundary of the Big Cypress Watershed. the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C. even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protect from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)1 through 12, FAC. Nothing contained herein alters the requirement to obtain CONDITIONAL USE permits for oil and gas field DEVELOPMENT and production activities. d. No change. e. Once land in an FSA is designated as an SSA, no expansion of Agriculture Group 1 (Layer 5) or Agriculture Group 2 (Layer 7) and no conversion of Agriculture Group 2 to Agriculture Group 1 shall be allowed beyond those land uses in existence or allowed by applicable permits as of the date that the SSA designation is approved other than incidental clearing as set forth in f. below. f. Incidental clearing is permitted, provided that the Ag 1 Land Use Layer has been retained on the areas to be incidentally cleared and the Natural Resource Index Value score has been adiusted to reflect the proposed chang:e in land cover. In the even said incidental clearing impacts lands having a Natural Resource Index Value in excess of 1.2, appropriate mitigation shall be provided. 3. HSA Delineated Lands. a. - f. No change. g. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for OIL AND GAS EXPLORATION and oil and gas field DEVELOPMENT, and production activities in HSAs in order to minimize impacts TAL#540924.4 ðW to native habitats when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit requiring compliance with the criteria established in the Florida .^..dminstratiY6 Code Chapter 62C-25 through 62C- 30. F.A.C.. as those rules existed on .2005 (the effective date of this provision). regardless of whether the HS:\ in ,:¡ru.eh OIL ...-\...~D CAS EXPLOR.'\TION and oil and gas field DEYELOP1\fENT and production rlctiTlities *' activity occurs within the Big Cypress Swamp as defined in Rule 62C-30.00H2). F.A.C. All applicable Colier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and g:as activities in Collier County. so long: as the state permits comply with the requirements of Chapter 62C-25 through 62C-30. F AC. For those areas of Collier County outside the boundary ofthe Big CYpress Watershed. the applicant shall be responsible for convening: the Big: Cypress Swamp Advisory Committee as set forth in Section 377.42. F.S.. to assure compliance with . Chapter 62C-25 through 62C-30. F.A.C. even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according: to the standards established in Rule 62C-30.005(2)(a)1 through 12. FAC. Nothing contained herein alters the requirement to obtain CONDITIONAL USE permits for oil and gas field DEVELOPMENT and production activities. h. Golf Course design, construction, and operation in any HSA shall comply with the best management practices of Audubon International's Gold Program and the Florida DEP, which standards shall be adopted by December 13,2003. i. Once land in an HSA is designated as an SSA, no expansion of Agriculture Group 1 (Layer 5) or Agriculture Group 2 (Layer 7) and no conversion of Agriculture Group 2 to Agriculture Group I shall be allowed beyond those land uses in existence or allowed by applicable permits as of the date that the SSA designation is approved other than incidental clearing: as set forth in f. below. i. Incidental clearing is permitted, provided that the Ag 1 Land Use Layer has been retained on the areas to be incidentally cleared and the Natural Resource Index Value score has been adjusted to reflect the proposed change in land cover. In the even said incidental clearing: impacts lands having a Natural Resource Index Value in excess of 1.2. appropriate mitig:ation shall be provided.. 4. - 5. No change B.- F. No change. 4.08.07 SRA Designation A. - J. No change; K. SRA Public Facilities Impact Assessments. No change. 1. - 6. No change. 7. Public schools. The applicant shall coordinate with the Collier County School Board to provide information and coordinate planning: to accommodate any impacts that the TAL#540924.4 @ SRA has on public schools. As part of the SRA application, the following infonnation shall be provided: a. Number of residential units by type: b. An estimate of the number of school-aged children for each type of school impacted (elementary, middle, high school): and c. The potential for locating: a public educational facility or facilities within the SRA, and the sites of any sites that may be dedicated or otherwise made available for a public educational facility. L. SRA Economic Assessment. No change. 1. No change. a. No change. b. Alternative Fiscal Impact Model. If Collier County has not adopted a fiscal impact model as indicated above, the APPLICANT may develop an alternative fiscal impact model using a methodology approved by Collier County. Thc model methodology will be consistent '.','ith the fisoal Impaot .^..nalysis Model ("fL\11:") developed by the State offlorida or with Burchell et aI., 1991, DEVELOP~ŒNT .^~ssessmønt Handbook (ULI). The BCC may grant exceptions to this policy of fiscal neutrality to accommodate affordable or WORKFORCE HOUSING. 2. - 4. No change. M. The BCC may. as a condition of approval and adoption of an SRA development. require that suitable areas for parks. schools, hurricane shelters, and other public facilities be set aside, improved, and/or dedicated for public use. When the BCC requires such a set aside for one or more public facilities. the set aside shall be subiect to section 2.03.06, in the same manner as are public facility dedications required as a condition of PUD rezomngs. 4.08.08 BaseliBe StaBdards . A. Purpese and inten.t. These Baseline Standards will remain in effcot for all land within the RLS.^~ District unless or until such land beoomcs subject to the transfcr or receipt of Stevn1Idship Credits, exccpt as to those agricu.ltural u.ses subject to scctions 163.3162(1) and 823.11 (6), Florida Statutes. The Baseline Standards are intended to proteot 'l,'ater quality and quantity, maintain the natural water regimc, and protect listed animal and plant speoies and their habitats on land that has not been designatcd as an SSA or SR.'\.. The opportunity to voluntarily participate in the Stewardship Credit Program, as well as the right to sell eonser¡;ation easements or a fee or lesser interest in the land, shall oonstitute compensation for the loss of any devel9fJmeBt rights related to these standards. B. Applicabi!ity of code. Except as othervlÏse specifically provided in this seotion 1.08.00, those provisions ofthis Code in effect as of November [], 1999, shall apply to all land within the RLS}~ District unless or until such lands become subj ect to the transfcr or receipt of Ste'.','ardship Credits. TAL#540924.4 (~ d ErtiaRaluses allo\ved shall be . è ocessøry an eaR 1 . 4P ... bf.o 'b/sœ. The penmtte , a :S' [] 1999 with the followmg C. : .$,.~ 203 00 in effect as ofNovem er, , those set f{)rth In seetIOR . . exoeptions: E -th ~nning and Prooessing Uses, d·ö I Hses æ , QQ fl U Residential Uses, General eaR 11 4~Ra: listed in the MaciK at seotion 4.08. s a ~ . I :Yses (layers . g QQ and RecreatIOna . ^ ro~'ided in seotIOR 4.0. . I· minated in all FS" ~s, as p , ee e.. ee¡>! n ntal esseatial semees, ex CORœtioBBI ase ....Rtial .e~.;:.~ : io":;:tie safety, BffilII o,,¡~ ~~ elIawed those necessary to ser¡~,p:~f ~.2 or less, as provided In seotion 4. . . . FS A S "·iII1Im Index .elae 11 m n.. EI ha . I ' oleared or distm-be areas s ~ ~~oœ) è DircetiOBOl dri1liRg leebmques OR tier: B.Rd _il ORd ga' field dwelopmcat "':. e_ uIilrn_EI fer _II oRd gas .IPIO~~: A s iR orEler Ie minimL", impacts I: Ban .: produotion aoti'áties in FS,,'\s an t~ ~ able This requirement Ghall b~ eeme . è t :Se flrao 10 . .t a: hoèilats, wheR .ElctcmHn_ f 0 :¡';Ie PCrœR iR ._mption._ with ~ :':::vhether the satisfied upon ISsuance 0 ugfi62C 30, F.A.C., røgar e es!aèlis¡'-d in Coopt... 62 C 25 ~:e.s W at""'hoEl, a¡¡ delin_d in Rule. 67; aetivity _oours ..,.- !lie Big e11lli.r Celmly ,""liro_ental pomult f g 11 30001(2) F.A.C. All appl~ca: eo. db' e~qdenoe of the ISGuanee 0 a r..;.u..,..,~&ts sàell e_ __R"dero~l so~:' p~I' fer _o.eEl oil ~ gas eppli.oel_ federal a&dIer stŒIe~. OR ",,!he st!lte permits eomply wrtè. · f . ... . G llier County, GO ong ¥ ^ G For those areas 0 aetmnes æ ' ·0 ¡, t 62C 25 th<ougli 62C 30, '" ..' " ¡, d the applieBRt r.qairc"'Oi!.ts ofC ep er de< . _fthe Big Cypr..s" ¡Hers - , 'ttee . è fue :Seun fj ^ è. fj' GOmmI Collier CooRty o&to. e .. . !he Big Cypr.ss Sw....p .. VISO 62ë 25 shell ee resp_nsiMe fer e_nvo1lR1g sssuro e""'l'lÜæee with Chapter A "" set ferth iÐ. SeotioR 377.42, FiS:'I~~de fue deliBed Big Cypre.s Wat~d. .î .11 2C 30 F.f~.C., e":en 1 01::1: tected from unau onze ~':i' g:, oeee~s road, sàall ee e¡;;~,:~ ~,l'~2 30.005(2)(0)(1) through ding to the standards eGta IS useG accor (12), F.A.C. . opped ss ~ . lantG shall be prohibited In areaG m h If c and concrete batch ma Hilg p Asp a: 1 HSAs. . e' fue A CSC RLS ^ DiGtrict landG wIt lill " ~ D Standar-ds appUcehf.o inside ~w 1sCfn~ilidin~ ~hose that strictly limit non . U ^ GSG regulatory stan. ar , hall be subject to a ,,~ s . agriOliltural eleanRg. th ¡¡tent suporeedod ey G. Of 4 bSG B7ceøpt to e e fl B:bS ^ T· ahlc $wtsidc thc". . . thoGe areas oft e "~ E. 8/endæ-d3 8l'P,¿;'ds ,hall apply to ell devci_pRleRt wltlHn thot foil within the soope H. eelow, fue feUOw~ ~o ...CSC, other tbo£ sgrieullurnl~p~~:oI dwol!iRgs, urlieos Of District that are outs! eo F S. and sIngle faml ) rø.S! '. . 163 3162 (4) and 823.14(6), ., . t fStewardGh1p Credits. of sectIOns. . ect to tranGmittal or recelp 0 , u&til SHeft lands are sue] .' d fer ell poreels . . Coo ter 10, shall be reqUlre "^~ wildlifc SUf''ey, as Get forth In f) ...- 1. 2. TAL#540924.4 3. 4. 1. ~ "_._~-- TAL#540924.4 2. . a è't è· logical eommunities simila.i" to those when listed species ai"e kn?v.~ to ~ a I e I:irectly observed on the site. existing on site or ',vhere lIste speeles ai" ., ., etatieR on the project site must be retained. A minimum of 40% of the Roth e · eg the ,ite of the ¡>roj eet or arc ¡"àò.oIoà BY Iflisted species æ-e dir~ct1y obse:ved on thør indications, fIrst priority shall be e·lidence, such as donnmg, foragulg, or ? . . " the habitat of such lIsted speCIes. grlon to preser.mg . . . l' è cies æ-e utilizing the site, or the site is If the 'Nildlif'é: survey mdICates that Iste spe . . mldlife habitat capable of supporting and is likely to support ~ISt0d sp~Cl~, a ~~ management plan shall bo prepared and submItted to e oun . ". t Ian ·.vithin the RLS,,^~ District shall The ',vIldlIfe habItat managemen p . d . from thc negati.le include the f-ollowing teohniques to protect lIste speCIes impacts of develepmeRt: o eR S aee and vegetation preser.'ation requireme~s shall be 1. , P d to ~stablish buffer areas bet\veen ·...lildlife habItat areas and use . . . areas dominated by hæmm. actIvItIes. Fencing, walls, other obstruetioI1s, or othe~ provisio~s sha~ be used . . . ze de,'eIepmeBt i1'J.'}j3acts to the lIsted specnes an to to illlnIilll . encoumge \vildlifc to use wildlife oomdors. è i=age shall be used \vhere Road';¡ays crossings, underp~ses, an s b¿¿ roads ml:lst cross wildlife comdors. I a II I meefj30rate the follo'Ning: The \vildlife habitat management p an s a a so . . lmi lies used to direct incompatible land ,,^~ descnPtI~n ~fl~t:~e~pec~s and their habitats and to comply with uses a",TlaY -0- ~ . . the criteria identified in 1 and 2 above, as applIcable, . r at:' eHtfe1s fer pcrmitted uses Identificati,~n o~.appr~::~ep~~~; to utilize prescribed burning and a conSI era IOn 0 , è ne eta-tion communities and to maintain fIre adapted pre~ef\ e ,g . m.th th UF\VS rOT/ide broT,vse for white t1l11ed deer, comnstent "I e as ~ th Florida Multi Species Recover Plan, May 1999, except ou gpITg ¡<¡<'ITGC' and recommended other.TlÏse by the , , or " , If the de,'elepmeBt will be largor than 10 aores, a monitoring program. è e13riate to prepare the The following references shall be use , as appr , wildlifc habitat managemont plan: 3. a. 11. 111. b. 1. 11. iii. c. ~~ 1. 11. 111. IT' ". Tl. South Florida Malti Speoies Reoovery Plan, USF\VS, 1999. Habitat Management Guidelines for the Bald Eagle in tho Southeast Region, USF\VS, 1987. Eoology and Habitat Protection Needs of Gopher Tortoiso (Gophems polypaemus) Populations found on Lands Slated for Large Scale develapæeBt in Florida, Technioal Report No.4, Florida Game and Fresh '.Vater Fish Commission, 1987. Eoology and develapæeBt Related Habitat Requirements of the Florida Sorub Jay (Apeloooma coerulesoens), Technieal Report No. S, Florida Game and Fresh 'Vater Fish Commission, 1991. Eoology and Habitat Protection Needs of the Southeastern .^..merioan Kestrel (Falco Sparverius Paulus) on Large scale develapmeBt Sites in Florida, Nongame Technical Report :No. 13, Florida Game and Fresh V/ ater Fish Commission, 1993. d. The following speoies specific provisions shall be included within the wildlife habitat management plan if the wildlife survey indicates that the identified species utilizes the site or the site is capable of supporting and is likely to sapport sueh speoies: TAL#540924.4 1. Gopher tortoise. For pareels containing gopher tortoises (Gopherus polyphemus), priority shall be giT¡en to protecting the largest, most oontiguous gopher tortoise habitat with the greatest number of active burro·.vs, and for providing a oonneotion to off site adjaeeBt gopher tortoise preserves. 11. Florida scrub jay. Habitat preservation for the Florida scrub jay (¡\.pheloooma coerulescens) shall oonf'Ûrm to the guidelines oontained in Teohnioal Report No.8, Florida Game and Fresh '.Vater Fish Commission, 1991. .^.. maintenance program shall be established, v¡hich shall specify appropriate fire or meeha.nical protocols to maintain the natural scrub oommunity. f,. public awareness program to educate residents about the on site preserve and the need to maintain the scrub vegetation shall be d(,Y¡eloped. These requirements shall be consistent with the UF'NS South Florida Multi Species Recovery Plan, May 1999. 111. Bald eagle. For the bald eagle (Ha:liaeetus leucooephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The pla£s shall also address restricting oørtain types of activities during the nest season. These requirements shall be consistent with the UFWS @) Florida blaok beai'". In areas where the Florida blaek betH' (Ursus americanus floridanus) may be present, the mana~emeBt plans shall re lire that garbage be plaoed in bear proof oontamers, ~t on~ or EI tr llooations The management plan shall also IdentIfy more oen a. I è methods to inf{)rm looal residents of the c)Qnoe~s. re ~te to mteraotion between black bears and humans. MItigatI~n for . impacting habitat suitable for blaok betH' shall be oonsIdered ill the management plan. Panther. For projeots looated in Priority I o~ Priority II Panther Habitat areas, the management plan s~all disoourage the , the . f' d·sturbed na:tine habItats that arc prefcrred b) destruotIOn 0 un 1 ,. '" I è Florida panther (Felis oonoolor ooryi) by direct~ng ~tensIve ~ t1 . disturbed tH'eas Preferred habIta. ts mclude pille uses to ourren ). ft u:e flat1"oods and hardwood hammooks. In turn, these ~eas sa. e ¡'''ffered from the mo sl intœse land ",es of llie pm] eel by ""u:.g If low intensity land uses (e.g., parks, passi'/e recreatIOnal areas, 00 courses). 'm . e mildlifc SDr/ey establishes that listed species are u:i1izing ~~ ~~~I'~h~::~~~sit~ ¡, capeJ>le of slipl'orting ¡¡'led 'I':e~s .an:. s':~1 hsted species can be anticipated to potentially occupy the s~tc, t e d 0t~ s , . ^ gn I ' :f the GMP oonSIder an U 1 Ize consistent wIth the RLS.... . er a)~ . I . ~ ce from the State of Florida Fish recommendations and letters ofte~ ~ca aSSIS B endations from the U.S. Fish and uTildlife Conservation CommIssIOn and recomm. . d that these . , . .. . d' I to 91'del's It IS recogmze and Vhldlifc ServIce ~n ISSUillg e:e\e~=:: basis ma~' change the requirements agency rec.omme~datI~ns, ~n a ~a ha~ge shall be deemed consistent '.villi this contained ill herem an an) suo 0 ~ n -. VI. 1. 1'/. South Florida Multi Species Reoover Plan, May 1999. Red oookaded woodpeoker. For the red ooekad:d ',voodpeeker (Ipicoides borealis), the required habitat protectio~ plan shall outline measures to ayoid ašverse iæpaets to actIve clusters and t . ·æize impacts to foraging habitat. ''''here ad','erse effects o milln . .. .t amlot be anoided measures shall be taken to mm.nllize on sI.e c ~ . , . t th t am disturbanoe and oompensate or mitiga:te for Impao s a rem. These requirements shall be oonsistent \vith the UF'NS South Florida Multi Speoies Reoo','ery Plan, May 1999. thcF'ise required by G. or H. below, all golf F. Golf course standards. Except a:' o. .. ^ hUb ub. ect to the f{)l1o'Ning 'tb' the RLS ^ District that are not wIthIn an S~... sac s j courscs '.vI Hn .L ... requirements: 1. è . èaBce mith Golf courses shall be designed, constructed, and manage ill accor .. TAL#540924.4 @J TAL#540924.4 2. . P am The project shall demonstra.te . ¡' G ¡à £!gÐamre rogr . . ft Audubon. IntematIOna. SOt required by the Gold SIgna ure H . U"...g.....a . r à th t the Principles for ResoLH'ce . . S ·ti~.·ty Nati~¡e and Natura Ize a: . A at: HabItat enSi , I , Program (Site SpeClfic . ~ssessme , ation ¥'aste Managemont. . UTIN6f Gonser\' ,. Plants and Natural Landscapmg, " . S . ces Transportation, Groenspace . &,:g a6'''aß¡e Energ) our , à. t tfie Energy ConSer¡atIOn ,-e H .. Desi ) have been incorporate ill 0 and Corridors, Agriculture, an~ h1:l;ldlUg dure; In addition to adckessing these ' à· d o~eratIOna prooe, ..' . golf oourse s eSlgn an U t the f{)llov:ing !Speoific ontena. requirements, golf courses sha mee .¡ ti 6e n'INer and gfound . fon of SOl sur a H ~. t tàe 6eHtanllna I, . In order to pre. en . d handled by golf oourse mamtenance . water by the matenals stored an I . mith the Best Management PractIces operations, golf eou:ses shall ~m~~nts, prepared by the Florida for Golf Course Mamtenance ep f Hay 1995. t f EnHiroamental Protec iOn, , Departmen 0 . ~ . . rty from fertilizer and pestlClde à á1 e ma.ter qua I . . To protect ground an sw ao H t th folloyfing management practIces. usage, golf courses shall demonstra e e The use of sloy; release nitrogen souroes; , .. and Th . e of soil and plant tissue analysis to adjust tImmg eus r f ' t of fertilization app lOa IOns, amoun . t management program using both The use of an mtegr~~ pes t to oontrol yarious pests; biological and chemIc agen s din t·on ofpestioide applications with the timing and The ooor a 1 application of irrigation ',vater; and . à· W A £ Gifcular 1011, dure contaille In . ~ The use of the prooe f. G .t'C ursc 11tlintcm3111.CC and W6lt-cr D ..d, er ob e .H . 'à .l.U:xl1aging .. CStl~l CS J. revised 1995) to select pestICl €IS Qutllity Pr<JtcctlO1'!, Ma) 1991 E . ct on mater quality. that will have a minimum adyerse lillpa H tfi fi lle~"ffig in their . olf courses shall inoorporate e 0 H To ensure ',vater conservatIOn, g design and operation: . . . fi ffftatlon and . ed to use weather statIon In 0.. . Irrigation systems shall be desIgn . the optimum amount of ImgatIOn . , t æs te detenmne . . moisture sensmg S)S e "1 . t1 and e~'apotranSpITatIOn rates. mater noeded considering SOl mOlS !:He , .. T treated effluent reuse v:ater ., .A~S available, golf c?urses s~,all U~II~lement Objecthe 1.4 and its pohCles; . stent mith SanItary Se Her Sub conSI H . ¡ ~ese areas ¡. 'Hely except for speOla p Native plants shall be ~sed exc USIb1:lildiug sites. Within these excepted such as golf greens, fmrv:ays, and a. b. 1. 11. iii. iy. 'I. a. b. c. ~ . hall re ooe that at least 75% of the trees and o· areas, landscapmg plans s . I EJ: t fT'e Floridian species. }~t least 75 I~ è è f¡: !lie ta efan na L 50% of the sh..-u s. e ee d b è shall also be drought tolerant of the required native trees an s 'I:fll s species. ds shall be designed to mimic the functions .of . Stormwatcr management poe lIee, that Me ,moow¡ m oelÚigBra!iee m natural systems: by establIshIng SBa~ediT' 'ty of the littoral zone. }~ Littoral shelf . è' eè lefl:gth an . eml . , order to prO'll e mcreas ~ d. for mater dependent aT/Ian speCIes. 'è a fee mg area .. f shall be established to prO'll. e d. ed walls shall be limited to 25~{' 0 The combined len~ of'lertI~al an :~7~:~~ area requirements, on an acre to the sBareliBe. Credits to the s~te pr~s h 'IT' s that exceed these littoral shelf area acre basis, shall be giT/en f'Ûr lIttora s e . e requirements. d Tf'R is t'1S.t arc ßbltsidc efthc ACSC. f 137 . [;'.£4.£ flSAS en ~ , I FS ^ G St61:n61s.rds spp leS .e;n.. . ," , n è [] 1999 shall app y to .. ~s, , 1 and 10 in effect as of No .em er , . ' The provisions of Chapters ,3" ^ CSC mith. the following exceptIOns: HS ^ s and 'NR^..s that outSide of the .. ~ , .. .. , d . atiaB shall be limited to 20~{' of the property an Site c1eanng and alter d 50o~ of any such area. rIDeable surfaces shall not excee I nonpe 'non ermeable surface greater than on.e acre shall Except f'Ûr roads and lakes, an) ~ if llected or uncollected, ill a manncr f faee mater run 0 , co . provide for release 0 sur.. fl m gime of the surrounding area. ' f g the natural surface water 0.. re apprmmna. ill . f surface water flO'.T/S through the Roads shall be designed to allow the pa~ag:y~tems or performance equivalent use of equalizer pipes, interceptor sprea er stru ctures. , . of cleared areas shall be accom~1ished. vlith RcY/egetatlOn and landscapmg. 'fundesirable 6KOtIC speCIeS sha.ll be predominantly nati'/e speCIes and plantmg 0 prohibited. . 'J. +' [;'.£ is gS is WRAS, &1'161 the A CSc. 7' 131- f metlaflds ßbltSl e OJ" . ,.. .. , è ' è H Standards apfJ.lCS co.. d h ^ CSC shall be preserve ill accor . 'fFS ^ HS ^..s '.VR.}~s, an t e..~ 'Vetlaads located outsIde 0 .. ~s, .., mith the following criteria: - . £. fu' E 2 above ,hnll first be mot . . ElUIrement set 8rt m . . fG é~ The vegetative preservatIOn re 'fì f It)' assessment score 0 . . . f ,tI Els fl:aTllng a lHlC IOna I EI through preservatIOn 0 "e aB th tl d fUBetiaBality score ofwetlRn s . fl II t èlish e we RB .. . or greater. RpplieRBts s 1£1. es a D' t . tIs Unified wetlRBd MltIga.tIOn . à UT t Haflagement 15 no è using the SBtiIh Haft·.., ;' a ~2'315. Uptimd vogetative eoln11>1HJ#ies may ..e ^ ssessment Method, F... ~.C. d site preservatIOn reqUirements a . spRee an . utilized to meet the vegetative, opeB , f on site wetlands is less than when the wetlRBd funetÏaBRI assessment score 0 ~ TAL#540924.4 3. 1. 2. 3. 1. 1. 60 2. 3. 4. TAL#540924.4 5. "7 etlaøEls utilized by listed species or serving as øorridors for the movement of listed species shall be preserved on site. "7etlaød flewway functions through the projeot shall be maintained. Ground water table ckawdoY:Ils or diversions shall not adv~rsely ohange the h <droperiod of preserved wetlaøds on or offsite and detentIOn and ~ontrol . ei..·ations"halI b. Bet to prot.o! "_.....ding wetløRdti ami b. .oß)!G!~nt W!th t s~ounding land and project control elevations and water tabl~s. In or. er to mee these requirements, projects shall be designed in.accordance wIth SectIOns 1.2.2.1.6.11 and 6.12 ofSPV..rMD's Basis ofR~¡1e'l:, January 200l. ^ U direot impacts shall be mitigated for as required by applicable fe~erQ.l or state ... . d in the same manner as set forth in section 1.06.04 ofthls Code. agenCles an . :fj 1 . d es shall follom the requirements contained within Policy Smgle --anll y reSl enc H 6.2.7 of the Conser¡ation Bi'ld Coastal Management Element. ^ ro riate buffering shall be provided to sepamte preserved. wetla~ds fr0:n .L:p t d ^ minimum 50 foot T¡egetated upland buffer IS reqUired adjaeeøt o~er -an uses.... . :B t t è to a natural water body and for other wetlaRds a mimmum 25 oo.t ',:ege a: e upland buffer aElj aeeRt t'Û the wetlaR~. .^.. ~tructural ~uffer, c~nSl,stmg .of a stem , . n a berm or a vegetative hedge vllth sUitable fenomg, ma) be ~sed m .\a.' ction ~'ith a ':egetatiT¡e Buffer that would reduce the '¡egetatIve buffer conJUil , . è G· t t . daøds ,nhefe midth by 50%.. .^.. structural buffer shall be reqUITe a JaeeR 0" e . H direct impacts are allows. \" etlaRd buffers shall conform to the followmg standards: The buffer shall be measured landward from the appro':edjurisdictional a. lffie.:. 6. 7. b. The buffer zone shall consist of preser¡ed øad"e "egetad9~. '\Vh~e Rad"e vegeta-ti9R does not exist, Ran"e vegetatiøR compatible wIth the existing soils and expected hyckologic conditions shall be planted. The buffer shall be maintained free of Category I Exotics. The following land uses are considered to be compatible with wetlaRd fUReti9Rs and are allo':¡ed within the buffer: Passive recreational areas, boardwalks and recreational shelters; c. d. 1. 11. Pørvious nature trails; 111. Vl ater management struetures; 63J 8. 9. TAL#540924.4 10. 4'f ~ieft areas; }, '"'gii etdly or liS. . d related epeø spae~ a . ^ 'other conser"latlOn a£l. m.th the foregoing uses. " Jl) bIt) in nature n 1 . Hiflara "'!HaR 15 eOmn , ts Ie .. . ' od for direet """0' . ents Mitigation shall be røqU:f the mitigation equals or . ~ eElUITøm. ä &1 seare Mitiganen , R that the well...d fliRO... 'm ""tod well...d., wetlaBds, suc d f øetieBaI. score ofilie 11 J3 d the we«Oft H S A e..eeo Soon '1:hH. FS AS 8Rd H ..., . f .n~ ft " .. ·T. n to mitlga lOn n Priority sholl be gl.e 'dKoet imp""ts te cHtmg from :f nne 'a-Ilce Tlolume res . . e ual amount 0 LoBO of .tere~ :r ::~~!1fIeted fur by pre,:,.~~ e"'.:r ';d ¡..eRt to the wetlaøds sha e )3aoity on SIte a£l.d n 1 H: "eYID1cø 00. storage or con. impacted wetlaød.. t d wetlaød or upland 'eè or crea e , f ft n'ded for prøsør. . I . ng a cons6í\ a 10 . h II:ae pro .1 .. f ft:ay p aCl PreteetlOn s s 'f o. offered ., BUnge 10, ¡¡ initial .xotie plant ''egototive eo~ 1 d Ìfi porpehHly, prev1<læg b ~~e Florida E¡wtia Pion .......e..t over ~e ':¡"e .xotie plaBts <!afmod ~ or by eppropriat~ remO'lal (CllISs ~'1iiBg eKotie plant _enen~ ~ ~ith suffieieat Council) and con In tate oc federal agenoy a 0 n m"mership transfer t~ a s 'agement aotivities. ~ ¡=perna man . fimdiRg ·or pe , S sito oIteroöe.., iliat authonze 'final develepmeøt 9r~er a.phs 8.0.. through 8.0. Prior Ie is......oe of Bfl) onstmle ee"'l'llBfleo WIth P~av. Rot p",vidod " , the .ppllc.nt ~ d~7 _. or federa! egOB~Y p:;:,,~owHy shall r.q¡Hrc BUtIgahOR abonø as apphøa e. "th a.graphs 8 a.bo. c, t ' , . t nt ml par . mitigation oomas ø .n. dictional agencIes. fthejuns '" d . ""co.ding thŒt 0 . 'shall be ident! e o. è . f gatlOn arøas OO~ these ' ,,&tIe. ...e"", Bfl·· nu·¡ 'I de"elepmeøt (P , WeIIOftd preservatloB,1 IB the eose ofa PIIlBB.dIUmTh.;. ...eas shall b. platled as 'epemte :""' :;"d eR the PUD M""ter ~ ":~Ory I EJ<otios, ùmd u¡¡e, ...... sholl also b; ep~ SBd debris Bfld Hom, d 'n~fied iR 7,d. above, maintained free om h II be limited to those 1 e . th se areas s a Homed In ø a. H iTl. ~·l. a. b. c. ~ LDC Amendment ReQuest ORIGIN: Public Utilities Division AUTHOR: Paul Mattausch; Roy Anderson; Karen Guliani DEPARTMENT: Public Utilities Engineering Department AMENDMENT CYCLE# OR DATE: Cycle I, Spring 2005 LDC SECTIONS & PAGES: 1.08.02. LDC 1 :28 4.05.03 A LDC 4:101 4.06.05. LDC 4:110 5.03.02 LDC 5.4 5.05.08. LDC 5:39 5.05.12. LDC 5:99 10.02.03 B.2. LDC 10:44 LDC SUPPLEMENT: as originally re-codified CHANGE: Adding specific standards for raw water wells in Collier County REASON: Streamline the SDP process for Collier County public potable water sources FISCAL & OPERATIONAL IMP ACTS: Result in reduced fees paid by County based upon shorter review and permitting time frames RELATED CODES AND REGULATIONS: N/A GROWTH MANAGEMENT IMPACT: None OTHER NOTESNERSION DATE: The initial version was created on February 8, 2005, and amended on February 25,2005, at 6:37 p.m., and amended on March 7, 2005, 3:15 p.m., and amended on March 8, 2005, 4:15 p.m., and amended on March 21,2005,2:30 p.m., and amended March 29,2005,8:20 a.m., and amended April I, 2005, 3:00 p.m., and April 5,2005, 10:50 am, and April 25, 2005,4:00 pm, and April 28, 2005, 10:45 am. Amend the LDC as follows: Section 1.08.02 Definitions Wells. raw water: The individual or collective excavations and resulting appurtenant equipment owned or operated by a public or quasi public entity which are the source of raw water used to provide public irrigation or potable water. When water from such wells is conveyed throug:h physically connected infrastructure to a public or quasi-public treatment facility, the system of physically inter-connected infrastructure and wells may 312112005- 149681 Var. 011· BTyson CA«3 N824D-204-001· EPER· 28967 ® be considered to be collectively located "on-site" as that term is to be applied in GMP Policies 6.1.1. and 6.1.2., and any implementing land development regulations. * * * * * * * * * * * * * Section 4.05.03 A. Applicability. The provisions of this section shall apply to all new off-street parking or other vehicular use areas. Existing landscaping which does not comply with the provisions of this Code shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered of expanded except for restriping oflots/drives, the building square footage is changed, or the structure has been vacant for a period of 90 days or more and a request for an occupational license to resume business is made. These provisions shall apply to all developments with the exception of single-family, two- family, mobile home dwelling unit, raw water wells. and dwellings on individually platted lots. Any appeal from an administrative determination relating to these regulations shall be to the board of zoning appeals or equivalent. Prior to issuing occupancy permits for new construction, implementation and completion of landscaping requirements in off- street vehicular facilities shall be requires. Where a conflict exists between the strict application on this division and the requirements for the number of off-street parking spaces or area of off-street loading facilities, the requirements of this section shall apply. 4.06.05 General Landscaping Requirements B. Landscaping requirements for industrial and commercial development 6. Raw water well landscaping requirements. Screening and buffering requirements are to be limited to the area surrounding the raw water well installation, includinf?: appurtenances such as security fencing. wall or well house. Canopy trees, as described in Section 4.06.05 Rl.. will not be required. Where equipment such as g:enerators and antennas are visible above the surrounding fences or walls. trios of sabal palms with a minimum clear trunk height of 8-12 feet must be planted 30' on center. Surrounding fences or walls must have, at a minimum, ten (10) gallon shrubs, four (4) feet tall at time of planting, placed four (4)' feet on center along the exterior perimeter of the surrounding fence or wall. Stand alone well houses without perimeter fences or walls must have, at a minimum, two (2) rows of three (3) gallon shrubs, two (2) feet tall at time of planting:. placed three (3) feet on center and offset between rows. In all cases. mature vegetation must provide an ei~htv (80) percent sight-obscuring: screen equal to seventy- five (75) percent of the height of the fencing or wall. as applicable. a. Native plant material must be used to the maximum reasonable extent to meet the screening and buffering requirements of this sub-section and the chosen plant materials must be consistent with existing native ve2etation found on or near the raw water well site, with the following exceptions: 1. for any disturbed area required to construct a raw water well that is equal to or greater than fifteen (15) feet from the edge of a well house or other structure, the disturbed area may be planted with a drought resistant sod, such as Bahia: or 312112005- 149681 Ver: 011- 6Tyson CAM43 N824G-Z04-001- EPER· Z8967 (éb) 11. for any disturbed area required to construct a raw water well that is less than fifteen (15) feet from the edge of a well house or other structure. the disturbed area may be covered with a sufficient depth of ground cover such as org:anic mulch. shell or similar pervious material. b. Irrigation must be provided to ensure the establishment of installed plant materials and maintenance of said plant materials in perpetuity. The irrig:ation water may be provided by either a mechanical system. using raw or potable water. or by truck delivery and/or hand application. c. The owner. or his agent. shall be responsible for the maintenance. repair and replacement of all plant materials required by the· provisions of this section. If required plant material dies. it is the responsibility of the owner to replace it with plant material of the appropriate class within 30 davs. * * * * * * * * * * * * * Section 5.03.02 Á. 4. 4. Barbed wire is authorized within agricultural. commercial. industrial districts and on fences surrounding raw water wells in all districts. Section 5.03.02 C.l. 1. Fences or walls on lots greater than one (1) acre in area may reach a maximum height of six (6) feet except for raw water wells for which the allowable height is eight (8) feet. * * * * * * * * * * * * * Section 5.05.08 B.6. 6. Raw water wells in Collier County do not have to meet the provisions of this Section provided that well houses surrounding the raw water well shall not have any wall planes exceeding 35 feet in length or have an actual buildill!! hei2ht greater than 18 feet (excluding communications equipment). Fences and walls surrounding raw water wells must be screened with plant materials as described in Section 4.06.05.B.6. and are exempt from Sections 5.05.08.C.3 and 5.05.08.D.2. * * * * * * * * * * * * * Section 5.05.12 Specific Standards for Raw Water Wells in Collier County 312112~ 149681 Ver. 011- BTyson CA#43 NB240-204-001- EPER- 28967 (~ A. Applicable designs for raw water wells selected from the Collier County Utility Standards Manual shall be submitted for appropriate County staff review of the following requirements. B. Setback Requirements. 1. Well houses enclosing raw water wells which are greater than four hundred (400) square feet in size must meet the following: minimum setbacks: Adjacent to Right-of- W av - 25 feet Side yard from adioining: property - no less than the underlving zoning: district's requirements for side yard setback Rear yard from adjoining: property - 25 feet For well houses within easements - 6 feet or the above setbacks where an easement line is coincidental with the property line. Appurtenant equipment, including, but not limited to antennas, pig: launchers, fuel tanks, and transformers. not enclosed by a fence or wall, shall not be considered separate structures and shall be setback six (6) feet from a property or easement line. 2. Well houses enclosing raw water wells which are equal to or less than four hundred (400) square feet must meet the following: minimum setbacks: Adiacent to Right-of- W av - 15 feet Side yard from adioining: property - no less than the underlving zoning: district's requirements for side yard setback Rear yard from adioining property - 10 feet For well houses within easements - 6 feet or the above setbacks where an easement line is coincidental with the property line. Appurtenant equipment. including, but not limited to antennas, pig: launchers, fuel tanks, and transformers, not enclosed by a fence or wall, shall not be considered separate structures and shall be setback six (6) feet from a property or easement line. 3. Fences and walls enclosing: raw water wells and appurtenant equipment including:, but not limited to well vaults and enclosures, meters, control panels, generators, antennas, pig launchers and transformers must meet the following setbacks: ~~OO5-14968' Ver:011-BTyson ~ N824Q.204-001- EPER· 28967 ~ Adjacent to Right-of-Way or easement line - 5 feet Side yard or easement line - 5 feet. Appurtenant equipment. other than antennas, that exceeds the height of the fence or wall, shall be setback no less than the underlying: zoning district's requirements for side yard setback or 30 feet. whichever is less. Rear yard or easement line - 5 feet Raw water well easements contained within a larger public easement or abutting another easement - 2 feet Fences and/or walls may be between six (6) feet and eig:ht (8) feet in height. Appurtenant equipment shall not be considered as separate structures. c. Raw water well site access: I. Direct access from public ways shall be limited to one access point location and must otherwise comply with the requirements of LDC Section 4.04.02. 2. Access from an easement must provide legal access to a public or approved private way. Access from an existing public way to an easement must otherwise comply with the requirements ofLDC Section 4.04.02. D. Prior to County approval of a raw water well site under this Code, the applicant shall obtain a consumptive use permit from South Florida Water Management District (SFWMD) and meet the requirements of any state or federal agency having iurisdiction over well development or siting. E. Stormwater management and environmental resource permits for raw water well sites shall be governed by the requirements of SFWMD and or Florida Department of Environmental Protection (DEP), and if approval is granted for the welle s) by SFWMD or DEP under those requirements. the project may be considered for a waiver from the requirements of Section 10.02.02 A. F. Landscaping and buffering shall conform to the requirements of Section 4.06.05 B.6. G. Site planning review and approval for raw water wells must follow the requirements of an insubstantial change to a Site Development Plan or Site Improvement Plan review 312112005- 1496B1 Ver. 01J- BTyson CA1/43 NB240-204-oo1- EPER- 2B967 C9~ process providing: water from such wells is conveyed throug:h physically connected infrastructure to a public or quasi-public treatment facility. The system of physically inter-connected infrastructure and wells may be considered to be collectively located "on- site". * * * * * * * * * * * * * Section 10.02.03 B.2.d. d. Raw water wells in Collier County shall be permitted as insubstantial changes to the Site Development Plan or Site Improvement Plan approved for the water treatment plant or facility to which the raw water welles) are ancillary, provided that the requirements of Section 5.05.12 are met. More than one well may be permitted with one application provided that all wells are within the same wellfield. The insubstantial chang:e submittal shall include a signed and sealed boundary survey of the property or lease parcel: a COpy of recorded deed or lease agreement: a recent aerial photograph of the project area: a master plan showing all wellfields ancillary to the main water treatment plant or facility, including: the proposed wells: and a site plan prepared on a 24-inch by 36-inch sheet drawn to scale and setting forth the following: information: 1. The proiect title, utility owner, address and telephone number. 11. Legal description. scale, and north arrow. 111. Zoning designation of the subject site(s) and adiacent sites and the proposed use of the subiect site. IV. Location, configuration and dimensions of all buildin!! and lot improvements. v. Location and dimension of access point( s) to the site. VL. Location of existing and proposed landscaping: with specifications as to size, quantity and tyPe of vegetation. V11. All required and provided setbacks and separations between structures in matrix form. V111. Any additional relevant information as may be required bv the County Manager or his designee. Reletter subsequent Sections accordingly. 3/2112005- 149681 Ver. 01!- BTyson CAl/43 N8240-204-001- EPER- 28967 ® LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services Division AUTHOR: Keith Scamehom Urban Design Planner DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: To be determined LDC SECTION: 5.05.08.CA.b.i LDC SUPPLEMENT #: CHANGE: Cross out the existing text and have just the new text for width requirement for the massing variation of recesses and projections for 5.05.08.C.a as previously referred to in 5.05.08.CA.b.i. REASON: Clarification. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version was created on November 10,2004 Amend the LDC as follows: i. For buildings exceeding 5,000 square feet in gross building area, any façade with horizontal length exceeding 50 linear feet must incorporate wall plane projections or recesses having depth of at least three fect, with a single wall plane limited to no more than three feet, with a single wall plane limited to no morc than 60 perccnt of each affected façade. Buildings subiect to the proiections or recesses depths required bv 5.05.08.CA.a must not have a sing:le wall plane exceeding 60 percent of each facade. @ LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Keith Scamehom Urban Design Planner DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: To be determined LDC SECTION: 5.05.08.C.5.c LDC SUPPLEMENT #: CHANGE: Adding reference to all building facade requirements for clarification. REASON: For clarification of building design treatment application to all building facades FISCAL & OPERATIONAL IMP ACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESIVERSION DATE: This version was created on November 10,2004 Amend the LDC as follows: c. Building design treatments. Each building facade must have at least four of the followings building design treatments: (~ LDC Amendment Reauest ORIGIN: Community Development and Environmental services AUTHOR: Mike Bosi, AICP DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC5:9l LDC SECTION: 5.05.09 G. LDC SUPPLEMENT #: Original LDC Recodification (04-41) CHANGE: Add lighting require to include existing telecommunications towers over 150 feet for the protection of Collier Mosquito Control pilots and general public. This code amendment was specifically requested by Collier Mosquito Control. REASON: Collier Mosquito Control pilot and general public safety FISCAL & OPERATIONAL IMPACTS: The cost to implement this regulation IS estimated at approximately $4,000.00 per tower impacted. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 4:20 p.m. This version was created on December 14, 2004 at Amend the LDC as follows: 5.05.09 Communication Towers * * * * * * * * * * * * * G. Development standards for communication towers. * * * * * * * * * * * * * (fj) 23. All existing and proposed ground mounted and rooftop towers and antennas with a height greater than 150 feet shall be required to have a solid red beacon or dual mode lights unless exempted in writing by the Collier Mosquito Control District. Such lig:hts shall meet the then existing Federal Aviation Administration (FAA) technical standards. The total structure height shall include all appendages and attachments, such as antennas, lights. lightening rods. or any other accessory device that would extend the heig:ht of the tower. All existing towers shall have six months (180 days) from rthe effective date of this Amendment 1 to comply with the requirement. If the FAA rules require lighting, then the applicant shall comply with such rules. 24. A COpy of each application for a tower in excess of 150 feet shall be supplied by the applicant to the Collier Mosquito Control District or designee. @ LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services AUTHOR: Thomas E. Kuck, P.E., John R. Houldsworth, Senior Engineer DEPARTMENT: Engineering Services AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC SECTION: 6.06.01 (0) LDC SUPPLEMENT #: CHANGE: Allow for the County Engineer / Engineering Services Director to approve alternate cross-sections for private rights-of-way for projects which have not submitted a Preliminary Subdivision Plat (PSP). REASON: The Code allows for private roadway cross sections to be determined on a case- by-case basis through the PSP process. The PSP process is now optional. If a PSP is submitted solely for a revised cross-section, the County Engineer determines if the section is acceptable. This revision would eliminate the submittal of a PSP solely for a revised right-of-way cross- section. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 12:31 p.m. This version was created on October 4, 2004 at Amend the LDC as follows: 6.06.01 (0) The minimum right-of-way widths to be utilized shall be as follows and, where applicable, shall be classified by the cross-sections contained in Appendix B, and will be directly related to traffic volume as indicated in the definition of each street continued contained herein and, where @ applicable, clarified by the cross-sections contained in Appendix B. ~r.rivate street right-of- way widths and design may be determined on a case-by-case basis in accordance with Chapter 10. In the event that the applicant does not apply for a preliminary subdivision plat. the applicants engineer may request that the County Manager or his designee approve an alternate private right-of-way cross-section. The request shall be in writing and accompanied with documentation and iustification for the alternate section based on sound engineering: principals and practices. 100 LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell WebbIDavid Weeks DEPARTMENT: Zoning and Land Development Review/Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDCE: 1 - LDCE:24 LDC SECTION: Appendix E LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Deleting the Access Management Plan Maps and accompanying Legend. REASON: Ordinance 02-03 attempted to effectuate the current change by deleting references in old LDC 2.6.38.3. to the Access Management Plan Maps, but did not delete the maps themselves. Transportation staff did not want pre-determined access features identified, given the unknowns about the activity centers - what the undeveloped properties' land use would be, how existing land uses might change, how traffic patterns/volumes might change, and other factors considered when determining ingress/egress locations and type and any associated median opemngs. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 2:55 p.m. This version was created on November 9, 2004 at Amend the LDC as follows: }...PPENDL'X E ~\CCESS 1\f}..~l\¡,,\CE1\ŒNT PL\..l\I 1\f}...PS EXPL^..N~^..TION OF LEGEND ,,'\ND NOT,,^..TIONS ON /..CCESS MAN,,^..GEMENT PL'\N G9U M...\P8: Existing ß'bliklings and sfr'btctures Generally represents the shape, size and looa.tion of structures (primarily nonresidential) existing at the time of adoption of the map. Some uses are identified for geographic reference (e.g., banks) and others because of high traffic generation (e.g., convenience stores, shopping centers). Existing ingr<:ss/cgr:Jss Indicates an existing drive or driveway into a project at the time of adoption of the map. . Appr'fncd ingr<Jssk:gre8s, 'blnhuilt Indieates a dri"¡e, driTle\Vay or road'vT:ay approved by an existing development order (PUD, planned unit development or SDP, site de:<lelopment plan) but not oonstructed at the time of adoption of the map. .NÒ,\? ingrctJs/cgross Indicates desired looation of future aocess points. Future development orders could only be approved if aooess points eomply with these loeations. ~\feniter fer fblture modifK:atien/rŒnew¡Û Indicates an existing or approved but unbuilt aooess point, at the time of adoption of the map, whioh is to be monitored (review and analyze aooidents reports, traffie volumes, and operating oonditions 'Nithin dose proximity to the site) f{)r possible modification or removal. Usually this symbol is acoompanied by the potential change identified in parentheses, e.g., "(possible removal)." .^..ocess points may be modified thru median modifioation (e.g., ohange median opening from full to directional, etc.) and/or at the aocess point itself Median modifioation may occur independent of site development aetiyity. Modifioation or removal of the aocess point itself may occur at time of site redeyelopment, . significant site alteration, or ohange in use. Existing medians Depicts location and shape of existing restrictive medians (grass or conorete median, not painted median) at the time of adoption of the map. Median dimensions are representative no field measurements were performed. SidC'.va['k Indioates existing paved sidev:alkat the time of adoption of the map. Possible traffie light Indicates the possible location of a traffic light at some time in the future. Future closure of median epening Indicates the planned or approved dosure of an existing median opening due t{) scheduled roadway improTlements. Passißle c!øsblrc Ðf medi::ln opc1'>fng Indicates the possible closure of an existing median openmg. Future l'i1Ðdifieation of medi::l1'l apcning Indicates the planned or approved modifioation of an existing median opening, e.g. change from full opening to directional. Possible modification of mcd:ian epcning Indicates the possible modification of an @ existing median 0 . penmg. Shares access cncGura . parcels of land. Staff mould :ged IndlOates desire :fur one , d' .. ,"".. I ace" . ,. J.e.Bot pare.!, ",,-d.r , aragMe<iie,t thi, lit tim f d 'paiR! t. "iVe two or raoow,y. am. av..,er,œp may., r 't d·· .v'¡opmoBot erder . more Iml e to a single a . reVIew. coess pomt onto th . " major ~nt-crcenneet eneGblra . appropna.te. Staff would ged Indicates ',,",,here an int . encEHKage If'. erconnectwl3: à , equest tills at time of d " I etween properties v . e ,'apmem d . aw....' . oknlfel iHkJIoeo""e I 100' or er £cView pra¡>crti 0 101lt' . os appears appropriate . s general location "'her . ;....,oarogeir.CJ'1e't this at time :: ~"ere .11' ofilio two p';;'.el:.'HI :,""£onneotioR . 'tween HR' of rede,',¡opmeBot or sigo' Ii e. e¡opmeBot order reviow of thiS.a 'aòy dO'¡elop.d. £taff HI . " 11 eant aGO ehango fer ili, "'d,ting: ~~e\'eloped p....a! BÐ<I1It a) fr .,0 direct EKJacss 18 e.o aped 1''''001. ~m the specified roadwa 're' . .(name ofr.ead) Indica-t adja.ent property ...dia ¿ ,altmg m OO"SS beiÐg abl' d os a po<eel eanflot ablaiR a r .m same a!her stroot am. throagh iRterooBBoetial1 ,.~:ss " . ..1 an ¿ ,() dz,"cct acec{]s k3 . ~aroel e_at a.tain aoeoss fr.m (Hame of road) unless e s''''' .. b<a~ mI.rCOIlROeti.R witlt... ~.e 'poOllied roadway rosult~. ,etlOC0CD5 p.¡Ht Indioates a aecess 1G slIMed wi!h d' a jaoent property...d/ fr ng m ooe,,, .eing oota' d an a jaoORt preperty or om some ailior 9!r t IRO . oe unless the 1:'. t . ... bl 1:/1 C rcm()' 'a! f. t t . , U bfr8 ,.... l . . 0 an aocess poin-t due t~ h d zg.1.t In, right Gut, cte Indi me/Dd, Eli ,e , HIed r.ad··.· . elltOG a ¡ù.... d an HIO.'!R HIa dilicatiaR sue. tit I.... ay !H1prevemeBot, (e. 1'1 : ar approved ohange HIa::::~¡ed developmont order fur ¿r::.:e;G&:oint eIi.'!l1ge~öftaœ-::~ t::e : IGBing will . an ase wbieli oJtioting eo >ORal) or due to aocess pomt remo'vod or ~OSSihlc rCWlGvf11, possible ri l' . duo to future median modific~~:~~~' ~~fl:e:ut, ~tc. 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J I.. !..' , I J ~ I ~. :\ ¡¡ð~:,.~:t ~ ~ ~ ~ · ~ i h~.~:~ a U I, ,. .,) ..? í) !f . \ If - I- I- I I II 'I' ; 'I . .:{ ;,: .' L\J~ P·". -- - ~... G;;D iii Z.. <~ ,- I-~ Z" IIIJ !. II ;' ~ ~i ~ I II ~a \II J ~! .......;-.z- . it· ~ri,! ,.. I I I I I :¡~~ ~; . I r ~ f =, i i ~ II I, i! ! ! ¡ ~., ! ill II 1¡¡lIg iil I i III f¡ ql , i III I fIll f 1 1., ! t ! Jf i ; ~.! I , J I . ~ o .!§ ¡ Illielå!JII ~." ~ Ii 0 1- ... - % ( · 1 . - -~ ¡ _18 - ~ Wi. cJ;~ LDC Amendment Reauest ORIGIN : Community Development and Environmental Services AUTHORS: Thomas E. Kuck, P .E., William Lorenz, John Houldsworth DEPARTMENTS: Engineering and Environmental Services AMENDMENT CYCLE # OR DATE: Cycle 1 - 2005 LDC PAGES: LDC 10:52 (delete text), LDC 10:3 (add text) LDC SECTIONS: CHAPTER 10 APPLICATION, REVIEW, AND DECISION- MAKING PROCEDURES; Section 10.02.04 A.4.f. (deleted) & 10.01.02. A. & B., added) LDC SUPPLEMENT #: Supplement 2 CHANGE: Remove/delete provisions for Preliminary Work Authorizations and create provisions for Early Work Authorization (EW A) permits to be administratively approved. ,REASON: To allow limited site preparation and improvement related activities to begin once a project has met certain criteria prior to final approval of the applicable development order. FISCAL & OPERATIONAL IMPACTS: There are fiscal and operational impacts as the EW A will be processed as a second review in association with the applicable development order. It will take the environmental review staff a few more hours to do this review and then have to go back to the application at a later date to complete the . review. Other staff has not assessed the additional time yet that it would take to do this reVIew ~ RELATED CODES OR REGULATIONS: Section 3.05.05.0, Section 4.06.00, Section 10.02.02. C. GROWTH MANAGEMENT PLAN IMP ACT: There IS no growth management impact OTHER NOTESNERSION DATE: Amended March 30, 2005, at 2: 15 p.m. Amend the LDC as follows: '~ Delete 10.02.04. A.4.f. Section 10.02.01 .^~.1.f }..pproval of improvement plans... and final subdivision plat required prior to development. ..\nytmng eontained els0'.vhere in this Code to the eontrary nonvithstandffig, no development shall be allo'."ed pursuant to a preliminary subdivision plat prior to tB.e appro'Æl of improvement plans and final subdivision plat submitted for the sa-me or portiol1 thereof. .^~uthorization to oommence any development prior to the completion of the pro'iÏsions set forth herein in sections 10.02.05 E.,10.02.01 B-3., shall be the subjeot of a prelimina-ry ';¡ork authorization as set forth herein. .^.. preliminary work ffi.:lthorization '."hose form and legal suffioiency shall be appwved by the oounty attorney shall be submitted in the f{)nn established by the county attorney and shall be a legally binding agreoment bet\.'1cen the applicant and the oounty. Add Sections 10.01.02. A. and 10.01.02. B., as follows: Section 10.01.02. A. Development Order Reauired. No on-site or off-site development or development related activities. including site preparation or infrastructure construction. will be allowed prior to approval of the otherwise required development order or development pennit including. but not limited to: SDP. SIP. Construction Drawings. or SCPo except where early work authorization has been approved. Section 10.01.02. B. Earlv Work Authorization fEW A). 1. An EW A permit may be approved by the County Manager. or designee. for one or more of the following activities: a. Vegetation removal (site clearing:t b. Excavations. c. Site filling. d. Construction of stonnwater management facilities limited to ponds. retention/detention areas. interconnection culverts. and swale systems; and. e. Off-site inrrastructure. f. Construction of a perimeter landscape buffer. berm. wall. or fence. 2. The County may issue an EW A permit for the allowed activities. subiect to demonstrated compliance with the following criteria. as applicable: a. The proposed veg:etation removal complies with Section 3.05.05.0.; b. A County ri2ht-of-wav permit has been approved. c. A determination of native veg:etation to be retained for landscaping which would comply with Section 4.06.00. d. An excavation permit has been approved. e. A Soil and Erosion Control Plan demonstrating compliance with the provisions of Section 10.02.02. C. G~y f. Copies of all approved A~encv permits being: submitted. including. but not limited to: SFWMD. ACOE. USFWS. and FFWCC. g. Determination of legal sufficiency of the EW A permit by the County Attornev's Office. h. Posting of a Revegetation Bond of $5.000 per acre as per the provisions of Section 4.06.04 A. 1.a.vii. 1. Assurance that all underlying zoning approvals are in place (e.g. PUD. CU.. etc.) J. This approval is good for 60 days with the possibility of 2 ea. 30 day extensions dependent upon the reason for the inability to g:ain proper approvals. After that time. cleared areas must be graded off and hvdroseeded. k. The developer must clearlv state in writing. his understanding: that all such preliminary construction activities are at his own risk. and do not constitute approval of the underlying petition. 1. Provide assurance that the schedule of develooment activities. created in accordance with the VRSFP. will commence at the time the EW A is issued. and will be a part of that 18 month time frame as set forth in Section 4.06.04 A.1.a.vii.d. of this Code. (\;~ LDC Amendment Reauest ORIGIN: Community Development & Environmental Services AUTHOR: Patrick G. White, Assistant County Attorney, John Houldsworth, Senior Engineer DEPARTMENT: County Attorney's Office, Engineering Review Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDCIO:18 LDC SECTION: Lot Splits (new) 10.02.02. B. 12. LDC SUPPLEMENT #: as re-codified CHANGE: Requires staff review of all divisions, i.e., splits of parcels of property to ensure they conform to County land development regulations. REASON: Currently, the division of property into two parcels (i.e., less than a "subdivision" of three or more lots/tracts) is not given staff review. Many recent occurrences of such divisions of property have impacts to Zoning, Transportation, Subdivision or other regulatory areas of which neither the property owner nor the County is aware. FISCAL & OPERATIONAL IMPACTS: compensate for staff time spent in review. An appropriate fee will be established to RELATED CODES OR REGULATIONS: LDC Section 10.02.04.; Chapter 177, Florida Statutes GROWTH MANAGEMENT PLAN IMPACT: This amendment will further implement and enhance consistency with the Growth Management Plan OTHER NOTESNERSION DATE: February 25, 2005, at 2:27p.m. Amend the LDC as follows: 10.02.02. Submital requirements for all applications * * * * * * * * * * * * * B. Subdivision exemptions. Œd~ * * * * * * * * * * * * * 12 Lot Solits. The further split or division of a lot. parcel, or any lot of record into two proposed parcels must be reviewed and approved by the County prior to any subsequent development orders or development permits being issued or approved. Applicants for such lot splits are required to submit a survey of the property to be split depicting all existing lot dimensions. all proposed "new" lot lines. all easements of record on the subject property. and the present zoning and land use classification of the subject property. as well as all pertinent yard or setback regulations and proposed access to all resulting parcels. Appropriate access to the resulting: parcels from the public road network must be demonstrated. and where necessary. may require appropriate easements for joint or cross access to be recorded before an approved lot split becomes effective. Only lot split requests meeting the applicable land development regulations. specifically including the minimum lot area and lot dimensions for the existing: zoning: district. may be approved. but do not become effective until evidence of the County approved lot split is also provided to the Property Appraiser or Clerk of Courts for their consideration and record-keeping. as may be applicable. ~ LDC Amendment Request ORIGIN: Community Development and Environmental Services AUTHOR: Thomas E. Kuck, P.E., John R. Houldsworth DEPARTMENT: Engineering Review Services AMENDMENT CYCLE # OR DATE: LDC PAGE: 10.52 LDCIUDC SECTION: 10.02.04 Submission Requirements LDC SUPPLEMENT #: CHANGE: Add reference to include Site Development Plans REASON: To allow conditional approval of certain aspects of a site development plan prior to final approval by staff FISCAL & OPERATIONAL IMPACTS: There are no fiscal or operational impacts RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMP ACT: There is no growth management impact OTHER NOTESNERSION DATE: Amend the UDC [LDC] as follows: Section 10.02.04 (4f) Approval of improvement plans, site development plans, and fmal subdivision plat required prior to development. Anything contained elsewhere in this Code to the contrary notwithstanding, no development shall be allowed pursuant to a preliminary subdivision plat prior to the approval of improvement plans and fmal subdivision plat submitted for the same or portion thereof. Authorization to commence any development prior to the completion of the provisions set forth herein in sections 10.02.05 E.,10.02.04 B.3., and 10.02.03 (4) shall be the subject of a preliminary early work authorization as set forth herein. An preliminary early work authorization whose form and legal sufficiency shall be approved by the county attorney shall be submitted in the form established by the county attorney and shall be a legally binding agreement between the applicant and the county. (81) LDC Amendment Request . ORIGIN: Community Development and Environmental Services AUTHOR: Thomas E. Kuck, P.E., John R. Houldsworth DEPARTMENT: Engineering Review Services AMENDMENT CYCLE # OR DATE: LDC PAGE: LDC 10:59 LDCIUDC SECTION: 10.02.04 Submittal Requirements for Plats LDC SUPPLEMENT #: CHANGE: Exempt resubdivided Lots of Record ITom having to ITont on a public or private right-of-way in the Estates and Agricultural zoning districts by allowing one division of a single platted lot or otherwise established "lot of record" to utilize an access easement for access when no more than one lot is being created. This will also legitimize existing situations where access easements already provide frontage and access to unplatted lots of record in these districts. REASON: This amendment would mainly affect property in Golden Gate Estates, which was subdivided into Tracts having access and ITontage on easements, not rights- of-way, but would also apply to resubdivided of Lots of Record in the Agricultural zoning district, where the same situation exists. The amendment would recognize the existing conditions by allowing future lot divisions of platted lots and Estates tracts, in these districts to ITont on easements; would allow access easements to be utilized for the division of one parcel into two where the rear parcel has no other ITontage or access; and would recognized existing situations where unplatted Lots of Record already use assess easements to satisfy frontage and access requirements. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 10.02.02. l1.d, which currently allows for the subdivision of a 5 acre Tract in Golden Gate Estates to utilize an easement as access and ITontage for the otherwise landlocked lot. ((This would also affect the definition of "yard, ITont" which says that setbacks are measured ITom the ROW line.) GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version modified on April 12, 2005. Amend the UDC [LDC] as follows: 10.02.04 B.4.i ~ 1. Rights-of-way and easements. All right-of-way and easement widths and dimensions shall be shown on the plat. All lots must have frontage on a public or private right-of-way in conformance with the design requirements of this section, with the exception of one division of a sing:le platted lot or otherwise established "lot of record" in the Rural Agricultural or Estates zoning: district into two lots. herein refereed to a "lot-split." Any such lot- split may utilize an access easement to satisfy access. and ITontage requirements for the lot which would not otherwise have street frontage. The width of such access easement may not be less than twelve (12) feet and may be required to be wider at the discretion of Collier County staff. to accommodate safe access and turning: movements. stormwater drainage pipes and the like. The number of access points to a public right-of-way shall not be increased as a result of the lot-split. if. in the opinion of the County staff. safe and sufficient access may be accomplished with fewer access points than existed prior to the proposed lot-split. The access easement will create a front yard for setback purposes for all lots abutting the access easement. In cases where access is presently provided by an access easement to existing lots of record in any zoning district which are not part of a recorded or unrecorded subdivision. this easement will serve to satisfy access and frontage requirements for those lots. and yards abutting the easement will be considered ITont yards for setback purposes. @ ORIGIN: Community Development and Environmental Services AUTHOR: Nancy L. Siemion, Landscape Architect DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: 2005 Cycle I LDC PAGE: LDC10:109 LDC/UDC SECTION: UDC 10.02.06 J. LDC SUPPLEMENT #: Original LDC recodification (04·:41) CHANGE: Revise "Cultivated Tree Removal Permit" language to add tree protection language and 1'0 reference the newly created "Cultivated Tree Protection and Tree Replacement Fund" language. REASON: To cross reference the newly created "Cultivated Tree Protection and Tree Replacement Fund" language and to create language that will protect trees. Unlike most other counties, trees in Collier County currently are not protected. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: Newly created LDC 4.06.05 "Cultivated Tree Protection and Tree Replacement Fund" and LDC 3.05.00 "Vegetation Removal Permit". GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES: None. Amend the UDC [LDC] as follows: 10.02.06 J. [Sec. 2.4.8.] Cultivated Tree Removal Permit. 1. Cultivated Tree Removal Permit. Cultivated Tree Removal Permits are required for the removal or relocation of any tree or palm that has been installed by man and is not part of a preserve. Moving a tree from one location to another shall not be considered removal; however, a permit shall be obtained. A maximum of 10 trees per five (5) year period may be removed \yith a Culti'¡ated Tree Remo'¡al Permit. When more than 10 trees shown on an approved code minimum landscape plan are removed. an Insubstantial Change shall be submitted. However, prohibited exotic tree removals are exempt from this requirement, except when they have been used to meet minimum code landscaping standards. (ßJ) Naturally occurring landscapes shall require a Vegetation Removal Permit; refer to section 10.02.06 C. In no instance shall a site fall below the current minimum landscape code standard. 2. Applicability. The provisions of this section are applicable to all development except for single family home sites. However, such homes must maintain the minimum landscape code required trees per section 4.06.05 [2.4.6.]. An owner, or an agent of the owner may apply for a permit. If the applicant is an agent of the owner, a letter from the property owner indicating that the owner has no objection to the proposed tree removal shall be submitted with the application. 3. Criteria for removal of cultivated landscaping. The Landscape Architeot Planner may approve an application for vegetation removal based on the following criteria: (a) A tree cannot be maintained by proper canopy, root pruning or root barriers and has become a safety hazard to pedestrian or vehicular traffic, utilities, or to an existing structure. (b) A tree is growing too close in proximity to another tree(s) to permit normal growth and development of the affected tree(s). (c) Other public health and safety circumstances as determined by the county landscape architect. 4. Application requirements. An application for Cultivated Tree Removal Permit shall be completed and submitted to the Zoning and Land Development Department. The application shall include the following: (a) Proof of ownership such as a warranty deed or tax statement. (b) A site plan depicting the location of proposed trees to be removed, proposed replacement or relocated trees, buildings, paved areas, structures and utilities. The Zoning and Land Development Review Department may require that said plans be prepared by a Landscape Architect registered in the State of Florida when the tree removal exceeds 10 trees. If the site plan does not provide sufficient information to determine which trees will be affected by the proposed tree removals, the Department may require that a tree survey of the site be prepared and submitted to the Department for review. (c) A letter of approval of the tree removal from the Homeowner and or Master Association if applicable. (d) Addressing Check List. 5. Permit conditions. The Landscape i\..rchitect Planner shall issue a Cultivated Tree Removal Permit when the applicant for such permit has agreed to fulfill one (1) of the following conditions: C¡~0 (a) That the tree, if transplanted, will be moved, established and maintained using proper arboricultural and horticultural practices and as outlined in Cha.pter section 4.06.05 of the Code [Division 2.4.]. (b) That the tree(s), if destroyed, be substituted with an equivalent replacement or replacements, approved by the county Landscape ...^:..rohiteet Planner, planted on the site ITom which the destroyed tree(s) were removed. Sufficient space shall remain on the site allowing replacements to establish a mature canopy spread, based on usual growth characteristics. (c) That the tree. if not replaced on site. shall be replaced bv the applicant bv the payment ofa replacement fee to the County's Tree Replacement Fund. ((;§) LDC Amendment Request ORIGIN: Community Development & Environmental Services AUTHOR: Paula Fleischman, Impact Fee Analyst. DEPARTMENT: Financial Administration and Housing AMENDMENT CYCLE # OR DATE: Cycle 1, Spring 2005 LDC PAGES: LDC 1:10 &LDClO:113, as originallyre-codified LDC SECTIONS: 1.08.01 & 10.02.07. LDC SUPPLEMENT #: as originally re-codified CHANGE: Make clear the election to not require a Certificate of Adequate Public Facility (now delineated as an abbreviation - COA) for non-residential subdivisions (Le., typically a commercial or indus1;rial Final Subdivision Plat (FSP» until a required SDP is subsequently obtained. REASON: Currently, in proportion to the traffic impact stated in a Transportation/Traffic Impact Study (TIS)(also newly added as an abbreviation), an applicant for a non-residential FSP must pay the estimated 50% transportation impact fees for one or more lots at a specified . intensity of development (expressed in square feet) in order to obtain a COA for that one or more lots iñ such subdiVision. The amended regulation would allow the property owner to elect to . ,,-", ,. defer the submittal of the TIS, payment oftraIlSportation impact fees, and requirement to obtain a· COA until the required SDP is subsequently applied for and approved under applicable 'rules. ".' . . - ]j'ISCAL & OPERATIONAL IMPACTS: payment of impact fees· for one or more . commercia1!indùstrial subdivision platting subsequently applied for and approved. . At the election of the property owner, lots of FSP'sotherwise collected at time of may be deferred until required SDP's are RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: This revision is consistent . with and further implements the Growth Management Plan . , OTHER NOTESNERSION DATE: p.m. Originally prepared on February 25, 2005, at 5:37 GiJ ....;, Amend the LDC as follows: 1.08.01 Abbreviations * * * * * * * * * * * * * * * Certificate Of Adequate public facility * * * * * * * * * * Transportationffraffic Impact Study * * * * * * * * * * * COA TIS .* * * 10.02.07. Submittal Requirements for Cêrtificatesof Pubiic Facility Adequacy * * * * .* * * *. * * * * * C. Certificate of public facility adequacy. . 1. General. a. A certificate of public facility adequacy (COA) shall be issued concurrently with the' approval of the next to occU;f final local development order. At the time a certificate of public facility adequacy is issued, fifty percent of the estimated transportation impact fees must be paid into the applicable trust fund pursuant to 10,02.07 C.Le., and such funds will be im.n1ediately available for appropriation to implement capital road facility improvements~ except that for thosé non-residential (i.e.. tvPicaUv commercial or industria}) developments· otherwÍse required to obtam appr.oval of.an SDP prior·to the issuance of a! building permit. applicants for a final subdivision Plat mav electto:· . . i. complvwith the applicable regulations of this section as to one or more of the lot( s) of the FSP ârid obtain a COA speCifically for just that lot or lots at a specified intensity of development: or ii; . delay submittin~ a TIS and obtaining a COA for all of the proposed lots. or iust those remaining lots not then already complying with this section. until a requir,èd SDP is applied for and the terms of this section are then complied willi iricluding· payment of estimated transportation impact fees. The subiect development is not allocated any available road system capacity or considered eligible to be vested for transportation concurrency purposes. however; until approval of a TIS. payment of 50% estimated Transportation Impact Fees. and issuance· of a COA in accordance with Chapters 3. 6. and 10 of this Code and Rule 9J-5.0055. F.A.C. '" @~ Impact fees for all other Category "A" capital improvements will be paid at the time of issuance of building permits at the rate then cUrrently applicable. b. Annual Traffic/PUD Monitoring Report. Gfi-After February 6, 2003, fthe effective date of this section's amendment}, all PUDs which are less than 90 percent built-Ol.it, must annually submit a report detailing their progress toward build-out of the development. The traffic report milst be submitted as part of the annual PUD monitoring report on or before the anniversary date of the PUD's approval by the Board per LDC section 10.02.13. F.ß WG. The written report must be submitted to, and be in, a format established by the County Manager, or designee. unless pavment-in-lieu is provided pursuant to section 10.02.13. F., Transportation .^...dm.inistmtor and must indicate any revised estimates to the initial build-out schedule and any resulting effect on traffic impact projections, along with any progress towards completing any developer contributìon requirements. Traffic/PUD Monitoring Reports which are more than ninety (90) days past due will result in the suspension of final local development order issuance for the PUD pending receipt of the Report. c. Where the proposed development has been issued final subdivision plat approval·or final site·development plan approval prior to the effective date of this section, i.e., on or about November 3, 1993, a certificate of public facility adequacy shall be obtained. prior to appròval of the next development order required for the proposed development. d. Estimated transportation impact fees for a development shall be paid into the applicable impact fee trust :fuD.d in the amount estimated to be due upon issuance of the final local development order(s) for the development upon or prior to issua.nce of a certificate of public facility adequacy for the . development. Developments that have paid estimated impact fees for all Category "A" facilities prior to February 6, 2003 the [effccti~¡e date of this section's amendment], and which elect to come under the provisions of this section may make payment of estimated impact fees into the applicable transportation impact fee trust fund such that previously paid estimates may be applied as a credit towards the impact fees calculated and due as a prerequisite to the issuance of the final local developmerit order(s) for the development. If the developer does not elect to come under the provisions of this division, impact fees paid into the impact fee escrow trust fund prior to February 6, 2003, [the effccti~le date of this section's amendment] shall be refundable upon written request to the County Manager or designeeCon:rn,unity de~.'olopment and Environmental Services Diyioion f....dministrator accompanied by the surrender òf the original certificate of public facility adequacy obtained prior to issuance of final local @ ..,I;~ development order(s) for the development. Fees paid into applicable impact fee trust accounts as a prerequisite to the issuance ·of imallocal development order(s) prior to FebruaIV 6., 2003.the (effectiYÐ date oftms section's amendment] in accordance with the applicable consolidated impact fee regulations ordinances in Chapter 74 of the Code of Laws and Ordinances shall'be refundable pursuant to the provisions of such re!!Ulations ordinances_upon written request to the Finance Director, Clerk of Courts. ( ~I' ,.l--'''.. ·.t.r~ì $"~ ""~ LDC Amendment Reauest ORIGIN : Transportation Services Division AUTHORS: Nick Casalanguida /Alan Elurfali DEPARTMENT: Transportation Planning AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: 10:136 and 10:137 LDC SECTION: 10.02.13. F. LDC SUPPLEMENT #: as re-codified CHANGE: To clearly define procedures regarding annual monitoring reports, including annual traffic counts; and to allow for an option to make payments-in-lieu of submitting annual traffic count reports. REASON: To obtain more detailed traffic analyses so as to enhance the accuracy of the concurrency management system FISCAL & OPERATIONAL IMPACTS: If a payment in lieu of annual traffic count reports is elected by an owner. The County will receive approximately $1,500 to $2,500 per access point. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: This version was created February 2,2005 at 4:00 p.m.; and amended on February 25,2005, at 4:21 p.m. Amend the LDC as follows: 10.02.13. Planned Unit Development (PUD) Procedures * * * * * * * * * * * * * F. Monitoring requirements. In order to ensure and verify that approved project densities or intensities of land use will not be exceeded and that development commitments will be fulfilled and are consistent with the development's approved transportation impact study, @ annual monitoring reports must be submitted by the owner(s) of a PUD to the County Manager or his designee. 1:. The monitoring report must be prepared in a County approved format to include as an affidavit executed by the property owner(s) attesting that the information contained in the monitoring report is factually correct and complete,. These reports are to be submitted annually, on or before each anniversary of the date said PUD was approved by the Board until the PUD is completely constructed and all commitments in the PUD document/master plan are met (built out). 2. The monitoring report must provide the following information: a. +:Name ofproject. b. ~Name of owner. c. ~Number of units, by residential type; square footage and acreage of recreation facilities, commercial and other permitted uses; infrastructure and/or other uses which are complete and approved or for which a valid permit has been issued, but which have not been completed and anyon-site or off-site commitments completed and approved as of the due date of the monitoring report. L 4:-Up-to-date PUD master plan showing infrastructure, projects/developments, plats, parcels and other pertinent information, including on-site or off-site commitments. ~~A +!raffic counts report for all access points to the adjacent roadway network which must be signed and sealed by a professional en¡z:Ïneer and performed over a 72-hour weekday period to include 15 minute intervals and turning: movements in the PM peak two hours: except that the owner(s) of the PUD. in lieu of submitting an annual traffic count report:. may elect to make a payment to the County in an amount equal to the cost to conduct the required traffic count( s) as defined in an engineer's certified estimate of such costs. Such funds received must be used by the County to count traffic on the maior roadway network used by the development as defined in the originally submitted traffic impact statement. Lé-:Copies of all required monitoring reports completed in past year (i.e., traffic, wellfield, etc.). &-+:Up-to-date PUD document which includes all approved amendments as of the date of the monitoring report. L&.Status of commitments in PUD document, including projected completion dates if then established. h Wther information as may be required by County Manager or his designee. 60 3.+G:--Monitoring reports must be submitted in aAffidavit form ckafted and supplied approved by Collier County to be executed by the owner(s) of the PUD. 4. Change of o':/flership. .^..Cehange in ownership of portions of a PUD development shall not absolve the original owner of the requirement to file an annual monitoring report. Transferring responsibility for filing the annual monitoring report to an entity other than the original owner may be demonstrated in the form of an executed agreement between the original owner and the new entity which when filed with the planning services department director shall automatically transfer responsibility for filing that the-annual monitoring report. * * * * * * * * * * * * * /(;iz) ~ LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Ray Bellows, Chief Planner DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDClO:140 LDCIUDC SECTION: 10.03.05 B.8. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Eliminate the ftrst of two required notices to be mailed by the Planning Services Department (now the Department of Zoning & Land Development Review) to property owners within 500 feet of the subject project. The ftrst notice is to be mailed no less than 30 days after receipt of a sufficient application. REASON: The 30 day notice requirement is no longer necessary due to a previous amendment that moved the Neighborhood Information Meeting (NIM) requirement after the initial staff review and comments are complete. The initial staff review is typically completed within 30 days from submittal, which results in the NIM being held around the 30 day time frame. As a result, the County's 30 day notice letter is redundant with the NIM notice sent by the petitioner. In addition, this Subsection also requires the first notice to provide the time and place of the public hearing by the planning commission. The problem is that this requirement is to early in the review process for staff to determine the time of the planning commission hearing. FISCAL & OPERATIONAL IMPACTS: Implementation would eliminate the cost of mailing the notice letters and would reduce staff time associated with preparing and mailing the letters. RELATED CODES OR REGULATIONS: LDC Sections 10.03.05 E. (Public Participation requirements for rezonings, PUD amendments, conditional uses, variances and parking exemptions) GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: 4:43 p.m. This version was created on November 23, 2004 at @) Amend the LDC as follows: 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board * * * * * * * * * * * * * * B. Notice and public hearing where proposed amendment would change zoning classification of land and for CONDITIONAL USES and variances, for planned unit development (PUD) rezoning extensions. In the case of an application for extension of PUD zoning status or the rezoning of land, to include rezonings, conditional uses and variances initiated by other than the board of county commissioners or amendments to planned unit developments, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners. PUD extensions, Rezoning, conditional use and variance petitions initiated by the board of county commissioners or its agencies for county owned land shall be subject to these provisions. * * * * * * * * * * * * * * 8. For subject properties located within the urban designated area of the future land use element of the growth management plan, notice of the time and place of the public hearing by the planning commission shall be sent by the county twiee. The first notice shall be sent no less than 30 days after the receipt of a safficient application by the County Managcr or his designee. The sccond notioe shall be sem at least 15 days in advance of the hearing. Beth This notices- shall be sent by mail to all owners of property within 500 feet of the property lines of the land for which an approval is sought; provided, however, that where the land for which the approval is sought is part of, or adjacent to, land owned by the same person, the 500 foot distance shall be measured from the boundaries of the entire ownership or PUD, except that notices need not be mailed to any property owner located more than one-half mile (2,640 feet) from the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. c&J ·.-:<' C LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: St~ Litsinger DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: 10: 145 LDC SECTION: Section 1O.03.05.F. Public Participation LDC SUPPLEMENT #: Supp #1 CHANGE: Adding a requirement that all applicants for small-scale and site-specific Comprehensive Plan Amendments conduct at least one Neighborhood Information Meeting "NIM" prior to the CCPC adoption hearing for small-scale and the CCPC transmittal hearing for other site specific amendments, and providing for a second NIM prior to the CCPC adoption hearing in the event of a substantial change subsequent to transmittal of site specific amendments. REASON: The CCPC has requested that a NIM requirement be added to the Comprehensive Plan amendment process to broaden the awareness of potentially affected adjoining communities beyond the statutorily required public. hearings. FISCAL & OPERATIONAL IMPACTS: Applicants will incur additional advertising and NIM staffmg expenses; for County-initiated amendments, the County will bear this additional expense. RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Will provide greater notice to citizens of proposed small scale, and other site-specific, amendments to the Grow~ Management Plan. OTHER NOTESIVERSION DATE: This version was created on January 24, 2005 at 12:00 p.m., and was amended on February 13, 2005, at 4:24 p.m., and was amended May 5, 2005 at 2:46 p.m. . Ame~d the LDC as follows: .. . ....'... - . .. ..... .' ~ .' ,....,6~ '.' ;' . ,- * CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES * * * * * * * * * * * 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board * .. '". * * * * * * * - * * * * F. Public participation requirements for small-scale or other site-specific comvrehensive vlan amendments. rezonings, PUD amendments, CONDITIONAL USES, variances or parking exemptions. 1. APPLICANTS requesting a small-scale or other site-specific comprehensive plan amendment. exclusive of Countv-initiated site- specific amendments that are based upon the Evaluation and Appraisal Report. rezoning, PUD amendment, or CONDITIONAL USE approval must conduct at least one Neighborhood Informational Meeting ("NIM") after initial staff review and comment on the application... or after notification of application sufficiency for a small-scale or other site- specific comprehensive plan amendment. and before the Public Hearing is scheduled with the Planning Commission. For a small-scale amendment. the NIM is required prior to the CCPC adoption hearing. For other site- specific comprehensive plan amendments. the NIM is required prior to the Planning: Commission transmittal hearing:. A second NIM for a site- specific comprehensive plan amendment. to be held prior to the Planning Commission adoption hearing:. will only be required if. as determined by staff. a substantial chang:e has occurred to the proposed amendment subsequent to the Board of County Commissioners transmittal hearing. For all other applications. t+he appropriate number of staff reviews of the application returned before the NIM can be held will be at the discretion of the County Manager or his designee, only in cases where one or two pending reviews are unnecessarily hindering the APPLICANT from presenting the proposal to the public. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the county pursuant to section 10.03.05. B. a5e¥e 6. or 7. Notification shall also be sent to property owners, CONDOMINIUM and civic.assocÌl:¡tions whose members are impacted by thêpröposed land use ··changesand who have formally requested the county to be notified. A list of such organizations m~¡;t b~ provided and' niaintained by the"county, but í::~ ..~)..... .~ * * the APPLICANT must bear the respönsibility of insuring that all parties are notified. A copy of the list of all parties noticed as required above, and the date, time, and location of the meeting, must be furnished to the County manager or designee and the office of the board of county commissioners no less than ten days prior to the scheçiuled date of the neighborhood informational meeting. The APPLICANT must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The APPLICANT must further cause a display advertisement, one-fourth page, in type no smaller than 12 point and must not be placed in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The advertisement is to be placed within a newspaper of general circulation in the county at least seven days pi.-ior to, but no sooner than five days before, the neighborhood informational meeting. The Collier County staff planner assigned to attend the pre- application meeting, or designee, must also attend the neighborhood informational meeting and shall serve as the facilitator of the meeting, however, the APPLICANT is expected to make a presentation of how it intends to develop the subject property. 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"C r-:_ - S = ~ S d g ~ g ~.E:! 11) :c \C) '§ - M ~ S ::õ ~M -- ..0 d ç;;, ..0 - 0::> 11) 11) ..0 » M_11) ..0 » U .9 =¡§š 11)~ t- o::> . Q.., 11)~ 0::> Q- - r:/) ;::-g ~ . M 00 ;::-g ~ ,....:¡ ~ = 8 - ~ ~~S Q¡ r:/) =:I: 0::>. =:I: =.- u =_"1:1 01) .- > «:I 11) ~ 11) ~ """ d 0.. '" Q.., = :-= '" Q.., ~ ¡¡.¡ S '" .- ::3 '" ~ ~ ¡:Q ~ rn _ Q¡ r:/) _,,~-_.~"''''''-''-'''''''- ---"'------ o - ¡gu~ o~..o .- >-; .E:! 13 ~ d ~ Û.9 o Q ~ U""':¡11) .... 11) ð g.g 0 .;:¡ u ::;E '" 11) ::õ =U«:l .~Q ~ "C:-J> = ~.- Q¡ U ~ c.Q Þ3 c.,....:¡ 0.. < 8 o U ... .. ... If'¡ '" ~ ::3 0 ¡g .9 t:: 0 ~ ¡¡.¡..;:: >o;~ """ u '" o :a ~ §' ª".9 d Ob ~ dO> öþ·S - ,.Q ....., '" '" ~ ~ ¡g ;.9 t:: 0 ;I ~ ~ ''::: u>o; ~ Q¡ """ u '" r:/) 0·- '" ; o...g. g 0::3 d._ .- d Ob ~ ;~8.> >oþ·s ~ S r ! , c 8 g :D» ..0 11) Q)- ;::-g ::::::::t Q) '" '" ~ :c ::::. ~ t- ~ ~ Q.., QO ~ Q) 01) ~ Q.., LDC Amendment Reauest ,;1)"'~~"''1't!) ¡,'i(PiJiIt<&.,"# '\,i'.:' .!; " ì ª I ~, t '/ ;¡;~~'~ê·",.r.;'Ia~ (. ,. ".ø.p~¡,~\ .'. __i.I';I'_" . -, \. ~. <,~..:,~ . \;Jl)"",~ ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell W ebb/Barbara Burgeson DEPARTMENT: Zoning and Land Development Review/Environmental Services AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC1: LDC SECTION: Section 1.08.02 LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Adding the language explaining where the list of exotics can be found. REASON: This language was not included in the recodification. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Various environmental LDC provisions GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 6:23 p.m. This version was created on December 21, 2004 at Amend the LDC as follows: 1.08.02 Definitions * * * * * * * * * * * * * Vegetation, Category I Invasive Exotic: Invasive exotic vegetation that alters native vegetation communities 12Y-displacing native plant species, changing the structure or ecological functions of native plant communities, or hybridizing with native species; which includes all species of vegetation listed on. "At.. list of these eKotics can be found in the 2003 Florida Exotic Pest Plant Council's List of Invasive Species. under Category 1. CD ® LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDCl: LDC SECTION: 1.08.02 - Definitions LDC SUPPLEMENT #: N/ A - new language CHANGE: Re-inserting the definition of kenneling. REASON: The lack of a definition allows the keeping of numerous dogs without defining what constitutes a kennel. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 2.04.03 GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: 2:40 p.m. This version was created on October 28, 2004 at Amend the LDC as follows: 1.08.02 Definitions Kennelina: An establishment licensed to operate a facility housinq doqs, cats. or other household pets or the keepinQ of more than three dOQs. six months or older. on premises used for residential purposes, or the keepinQ of more than two doqs on property used for industrial or commercial security purposes. ® LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LÐC PAGE: LDCl: LDC SECTION: 1.08.02 - Definitions LDC SUPPLEMENT #: N/A - new language CHANGE: Re-inserting the definition of shopping center. REASON: There are different development standards for shopping centers as opposed to other commercial uses. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Chapters 2 and 4 of the LDC GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 2:48 p.m. This version was created on October 27, 2004 at Amend the LDC as follows: 1.08.02 Definitions Shopping center: A group of unified commercial establishments built on a site which is planned, developed, owned or managed as an operating unit and related in its location, size, and tvPe of shops to the trade area that the unit serves. It consists of eig:ht or more retail business or service establishments containing: a minimum total of 20,000 square feet of floor area. No more than 20 percent of a shopping: center's floor area can be composed of restaurants without providing additional parking for the area over 20 percent. A marina, hotel. or motel with accessory retail shops is not considered a shopping center. ® LDC Amendment ReQuest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC2:97-99 LDC SECTION: Section 2.03.08 C. and D. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Changing the lettering of the sub-section headings. REASON: The lettering of the sub-sections was done improperly during the recodification and "C" should have been "B", etc. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 3 :08 p.m. This version was created on November 29, 2004 at As to the reason for the deletion of the "Eastern Lands" in the title for this section, please see the Amendment request in this Cycle submitted by David Weeks under the same LDC section number. Amend the LDC as follows: 2.03.08 EasterB LaBdslRural Fringe Zoning Districts ~ B. Natural resource protection area overlay district (NRP A). ® ® 1. Purpose and Intent. The purpose and intent of the Natural Resource Protection Area Overlay District (NRP A) is to: protect endangered or potentially endangered species by directing incompatible land uses away their habitats; to identify large, connected, intact, and relatively unfragmented habitats, which may be important for these listed species; and to support State and Federal agencies' efforts to protect endangered or potentially endangered species and their habitats. NRP As may include major wetland systems and regional flow-ways. These lands generally should be the focus of any federal, state, County, or private acquisition efforts. Accordingly, allowable land uses, vegetation preservation standards, development standards, and listed species protection criteria within NRP As set forth herein are more restrictive than would otherwise be permitted in the underlying zoning district and shall te be applicable in addition to any standards that apply tin the underlying zoning district. * * * * * * * * * * * * * I* C. North Belle Meade Overlay District (NBMO). 1. Purpose and intent. The North Belle Meade Overlay (NBMO) is uriique to the RFMU district because it is surrounded by areas that are vested for development on three sides. Because this area is largely undeveloped and includes substantial vegetated areas, theNBMO can and does provide valuable habitat for wildlife, including endangered species. The NBMO is intended to achieve a balance of both preservation and opportunitiès for future development that takes into account resource protection and the relationship between this area and the Estates developing around the NBMO; @) ® PAGES 6-13 INTENTIONALLY REMOVED PLEASE PROCEED TO PAGE 14 (NEXT PAGE) LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Nancy Siemion DEPARTMENT: Zoning and Land Development Review . AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC4:53 LDC SECTION: Section 4.02.23 D. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Re-inserting the language concerning landscape buffers adjacent to road rights-of-way in the Activity Center #9 Overlay District. REASON: This provision was not included in the LDC recodification. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: LDC 2.03.07 K. GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 12:15 p.m. This version was created on December 6, 2004 at Amend the LDC as follows: 4.02.23 Same--Development in the Activity Center #9 Zoning District * * * * * * * * * * * * * D. Landscape buffers adjacent to road rights-or-way. In addition to the requirements for a Tvpe D buffer. the following requirements shall apply: 1. Landscape buffers adiacent to Collier Boulevard. S.R. 84. (Davis Boulevard and Beck Boulevard) and within 400 linear feet ofI-75 right-of-way line: @) a. Shall measure a minimum of25 feet in width. b. The required number of trees shall be supplemented bv an additional palm tree planting in the amount of 25 percent. c. Undulating beds of ornamental grasses and/or ground cover beds shall be incorporated for at least 30 percent of the required buffer strip area. d. All required trees shall be a minimum of 12 feet in height. e. Where industrial land uses abut 1-75. an eig:ht-foot high unified. opaque. masonry wall is required. Landscape buffers shall be placed along: the street side of said wall. The wall shall be located at the edge of the landscape buffer farthest from the property line. 2. Landscape buffers adiacent to all other public streets: a. Shall measure a minimum of 15 feet in width. b. Undulating beds of ornamental grasses and ground cover beds shall be incorporated for a least 25 percent of the required buffer strip area. c. All required trees shall be a minimum of 12 feet in height. 3. Landscape buffers. signage and lighting fIxtures in residential areas shall feature a unifIed design at point of ingress Ie gress. ~ E. Lighting fixtures and signage within the Activity Center #9 shall be designed to complement the architectural themes of this overlay district. Lighting shall also be subject to the requirements pursuant to section 5.05.08 regardless ofthe gross building area. @ LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Sharon DantinilRussell Webb DEPARTMENT: Zoning and Land Development Review/Code Enforcement AMENDMENT CYCLE # ORnATE: Cycle 1,2005 LDC PAGE: LDC4:78 LDC SECTION: LDC 4.05.04 B.5. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: opposed to 1 1/2. Revising the language to reflect the proper numerical value (1/2) as REASON: Cycle 1, 2004. This seems to be an error made during the recodification performed in FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 12:23 p.m. This version was created on November 24, 2004 at Amend the LDC as follows: 4.05.04 Parking Space Requirements * * * * * * * * * * * * * B. Measurement. Where this LDC requires off-street parking based on various types of measurements, the following rules shall apply: 1. Floor area means, for the purposes of this section only, the gross floor area @ @ inside the exterior walls, unless otherwise specifically indicated. 2. In hospitals, bassinets do not count as beds. 3. In stadiums, sports arenas, houses of worship, and other places of public assembly where occupants utilize benches, pews, or other similar seating arrangements, each twenty-four (24) lineal inches of such seating facilities count as one (1) seat. 4. Where the parking requirements are based on number of employees or persons employed or working in an establishment and the number of employees increases after the building or structure is occupied, then the amount of off-street parking provided must be increased in ratio to the increase of the number of employees. 5. When units of measurements determining number of required off-street parking spaces result in a requirement of a fractional space, then such fraction equal or greater than one-half (t-1I2) shall require a full off-street parking space. ® LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Margaret Perry DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle I, 2005 LDC PAGE: Page4:15l-4:200 LDC SECTION: Section 4.08.07 LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Renumbering the internal cross-references from section 4.08.05 to 4.08.07. Also, correcting a few typos. REASON: It appears that during the recodification in Cycle 1, 2004, this section was originally numbered section 4.08.05 and was changed to 4.08.07. When this was done, the internal cross-references were not modified. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 2:10 p.m. This version was created on December 8, 2004 at Amend the LDC as follows: 4.08.07 SRA Designation SRA designation is intended to encourage and facilitate uses that enable economic prosperity and diversification of the economic base of the RLSA District, and encourage development that utilizes creative land use planning techniques and facilitates a compact form of development to accommodate population growth by the establishment of SRAs. Stewardship Credits generated from SSAs are exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis as set forth herein. ElDensity and intensity within the @) RLSA District shall not be increased beyond the Baseline Standards except through the provisions of the Stewardship Credit System, the affordable housing density Bonus as referenced in the density Rating System. of the FLUE, and the density and intensity blending provision of the Immokalee Area Master Plan. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Credits can be transferred only to lands within the RLSA District that meet the defmed suitability criteria and standards set forth herein. Land becomes designated as an SRA on the date that the SRA Credit Agreement becomes effective pursuant to Section 4.08.0~1 D.ll. Any change in the residential density or non- residential intensity of land use on a parcel of land located within an SRA shall be specified in the resolution, which shall reflect the total number of transferable Credits assigned to the parcel ofland. A. Lands Within the RLSA District that can be Designated as SRAs. All privately owned lands within the RLSA District that meet the suitability criteria contained herein may be designated as SRA, except lands delineated on the RLSA Overlay Map as FSA, HSA, or WRA, or lands already designated as an SSA. WRAs may be located within the boundaries of an SRA and may be incorporated into an SRA Master Plan to provide water management functions for properties within such SRA, subject to all necessary permitting requirements. 1. Suitability Criteria. The following suitability criteria are established to ensure consistency with the Goals, Objectives, and Policies of the RLSA Overlay. * * * * * * * * * * * * * g. An SRA may be contiguous to an FSA or HSA, but shall not encroach into such areas, and shall buffer such areas as described in Section 1.08.05(1)(6) 4.08.07 J.6. An SRA may be contiguous to, or encompass a WRA. * * * * * * * * * * * * * B. Establishment and Transfer of Stewardship Credits. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Stewardship Credits will be exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis, as described in Section 4.08.0~1 B.2. Stewardship density and intensity will thereafter differ ITom the Baseline Standards. 1. Transfer of Credits. The transfer or use of Stewardship Credits shall only be in a manner as provided for herein. * * * * * * * * * * * * * e. Stewardship Credits may be acquired ITom a Stewardship Credit Trust established pursuant to Section 4.08.0+4 B., and transferred to an SRA subject to the lirnitationscontained in this Section. \l ~ * * '" * * * * * * * * * * c. Forms of SRA developments. SRA developments are a compact form of development, which accommodate and promote uses that utilize creative land use planning techniques. SRAs shall be used to facilitate the implementation of innovative planning and flexible development strategies described in § 163.3177 (11), F.S. and Rule 9J-5.006(5)(I), F.A.C. These planning strategies and techniques are intended to minimize the conversion of rural and agricultural lands to other uses while discouraging urban sprawl, protecting environmentally sensitive areas, maintaining the economic viability of agricultural. and other predominantly rural land uses, and, providing for the cost-efficient delivery of public facilities and services. Only the following four specific forms of rural development in SRAs are permitted within the RLSA District. 1. Towns. Towns are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure which support development that is compact, mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase livability. Towns shall be not less than 1,000 acres or more than 4,000 acres and are comprised of several villages and/or neighborhoods that have individual identity and character. Towns shall have a mixed-use town center that will serve as a focal point for community facilities and support services. Towns shall be designed to encourage pedestrian and bicycle circulation by including an . interconnected sidewalk and pathway system serving all residential neighborhoods. Towns shall have at least one community park with a minimum size of200 square feet per dwelling unit in the Town. Towns shall also have parks or public green spaces within neighborhoods. Towns shall include both community and neighborhood scaled retail and office uses, in a ratio as provided in Section 4.08.0~1 J.1. Towns may also include those compatible corporate office and light industrial uses as those permitted in the Business Park and Research and Technology Park Subdistricts ofthe FLUE. Towns shall be the preferred location for the full range of schools, and to the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. Towns shall not be located within the ACSC. 2. Villages. Villages are primarily residential communities with a diversity of housing types and mix of uses appropriate to the scale and character of the particular village. Villages shall be not less than 100 acres or more than 1,000 acres. Villages are comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the community's support services and facilities. Villages shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Villages shall have parks or public green spaces within neighborhoods. Villages shall include neighborhood scaled retail and office uses, in a ratio as provided in Section 4.08.0~1 J.1. Villages are an appropriate location for a full range of schools. To the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of ® recreational facilities. The Village form of rural land development is permitted within the ACSC subject to the limitations of Section 4.08.0~1 A.2. 3. Hamlets. Hamlets are small rural residential areas with primarily single-family housing and limited range of convenience-oriented services. Hamlets shall be not less than 40 or more than 100 acres. Hamlets will serve as a more compact alternative to traditional five-acre lot rural subsections currently allowed in the Baseline Standards. Hamlets shall have a public green space for neighborhoods. Hamlets include convenience retail uses, in a ratio as provided in Section 4.08.0~1 J .1. Hamlets may be an appropriate location for pre- K through elementary schools. The Hamlet form of rural land development is permitted within the ACSC subject to the limitations of Section 4.08.0~1 A.2. 4. Compact Rural developments (CRDs). Compact Rural development (CRD) is a form of SRA that will provide flexibility with respect to the mix of uses and design standards, but shall otherwise comply with the standards of a Hamlet or Village. A CRD may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents. Except as described above, a CRD will conform to the characteristics of a Village or Hamlet as set forth in Section 4.08.0~1 J.1. based on the size of the CRD. As residential units are not a required use, those goods and services that support residents such as retail, office, civic, governmental and institutional uses shall also not be required. However for any CRD that does include permanent residential housing, the proportionate support services listed above shall be provided in accordance with the standards for the most comparable form of SRA as described in Section . 4.08.0~1 C.2. or 3. a. Size of CRDs limited. There shall be no more than five (5) CRDs of more than 100 acres in size. b. CRDs within the ACSC. The CRD form of rural land developinent is permitted within the ACSC subject to the limitations of Section 4.08.0~1 A.2. 5. Proportion of Hamlets and CRDs to Villages and Towns. In order to maintain the correct proportion of Hamlets and CRDs of 100 acres or less to the number of Villages and Towns approved as SRAs, not more than five (5) of any combination of Hamlets and CRDs of 100 acres ef or less may be approved prior to the approval of a Village or Town. In order to maintain that same proportion thereafter, not more than five (5) of any combination of Hamlets and CRDs of 100 acres ef or less may approved for each subsequent Village or Town approved. 6. SRAs as Part of a development of Regional Impact (DRI). SRAs are permitted as part ofa DRI subject to the provisions of § 380.06, F.S. and the RLSA District Regulations. Œ) a. An SRA Designation Application may be submitted sirÌmltaneously with a Preliminary development agreement application that occurs prior to a DR! Application for development Approval (ADA). In such an application, the form of SRA development shall be determined by the characteristics of the DR! project, as described in the PM ADA. b. The DR! may encompass more than a single SRA Designation . Application. It is the intent of this Section to allow for the future designations of SRAs within a DR! as demonstrated by the DRI phasing schedule. * * * * * * * * * * * * * D. SRA Designation Application Package. A Designation Application Package to support a request to designate land(s) within the RLSA District as an SRA shall be made pursuant to the regulations of~~~~A District Regulations. The SRA Application Package shall include the :[q~IRwiñ.g: * * * * * * * * * * * * * 3. Natural Resource Index Assessment. An assessment that documents the Natural Resource Index Value scores shall be prepared and submitted as part of the SRA Application. The Assessment shall include an analysis that quantifies the number of acres by Index Values. The Assessment shall: * * * * * * * * * * * * * h. Demonstrate compliance with the Suitability Criteria contained in Section 4.08.0~1 A.l. * * * * * * * * * * * * * 5. SRA Master Plan. A Master Plan shall be prepared and submitted by the applicant as part of the SRA Application for Designation ofan SRA. The SRA Master Plan shall be consistent with the requirements of Section 4.08.0~1 G. 6. SRA development Document. A development Document shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA development Document shall be consistent with the requirements of Section 4.08.0~1 H. 7. SRA Public Facilities Impact Assessment Report. An Impact Assessment Report shall be prepared and submitted by the applicant as part of the SRA Application for Designation a of SRA. The SRA Impact Assessment Report shall address the requirements of Section 4.08.~1 K. ® 8. SRA Economic Assessment Report. An Economic Assessment Report shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA Economic Assessment Report shall address the requirements of Section 4.08.0~1 L. * * * * * * * * * * * * * E. SRA Application Review Process. I. Pre-Application Conference with County Staff: Prior to the submission of a formal application for SRA designation, the applicant shall attend a pre- application conference with the County Manager or his designee and other county staff, agencies, and officials involved in the review and processing of such applications and related materials. If an SRA designation application will be filed concurrent with an SSA application, only one pre-application conference shall be required. This pre-application conference should address, but not be limited to, such matters as: a. Conformity of the proposed SRA with the goals, objectives, and policies of the GMP; b. Consideration of suitability criteria described in Section 4.08.0~1 A.l. and other standards of this Section; * * * * * * * * * * * * * 2. Application Package Submittal and Processing Fees. The required number of SRA Applications and the associated processing fee shall be submitted to the County Manager or his designee. The contents of said application package shall be in accordance with Section 4.08.0~1 D. * * * * * * * * * * * * * H. Development Document. Data supporting the SRA Master Plan, and describing the SRA application, shall be in the form of a development Document that shall consist of the information listed below, unless determined at the required pre-application conference to be unnecessary to describe the development strategy. * * * * * * * * * * * * * 2. The document shall identify, locate and quantify the full range of uses, including accessory uses that provide the mix of services to. and are supportive of, the residential population of an SRA or the RSLA District, and shall include, as applicable, the following: * * * * * * * * * * * \/ f Œ * k. Design standards for each type of land use proposed within the SRA. Design standards shall be consistent with the Design Criteria contained in Section 4.08.0:§.I J.; * * * * * * * * * * * * J. Design Criteria. Criteria are hereby established to guide the design and development of SRAs to include innovative planning and development strategies as set forth in § § 163.3177 (11), F.S. and Chapter 9J-5.006(5)(I), F.A.C.. The size and base density of each form ofSRA shall be consistent with the standards set forth below. The maximum base residential density as specified herein for each form of SRA may only be exceeded through the density blending process as set forth in densitY and intensity blending provision ofthe Immokalee Area Master Plan or through the affordable housing density Bonus as referenced in the density Rating System of the FLUE. The base residential density is calculated by dividing the total number of residential units in an SRA by the acreage therein that is entitled through Stewardship Credits. The base residential density does not restrict net residential density of parcels within an SRA. The location, size and density of each SRA will be determined on an individual basis, subject to the regulations below, during the SRA designation review and approval process. * .- 1. * * * * * * * * * * * * 8RA Characteristics. Characteristics for SRAs designated within the RLSA District have been established in the Goals Objectives and Policies of the RLSA Overlay. All SRAs designated pursuant to this Section shall be consistent with the characteristics identified on the Collier County RLSA Overlay SRA Characteristics Chart and the design criteria set forth in 2. through 6. below. a. SRA Characteristics Chart Collier County RLSA Overlay SRA Characteristics Chart Typical Characteristics Size (Gross Acres) Residential Units (DDs) per gross acre base densi Residential Housing Styles Town* Village Hamlet Compact Rural Development 1,000--4,000 100--1,000 acres 40--100 acres** 100 Acres or Greater than 100 acres 1ess** Acres * * 1--4 DDs per 1--4 DUs per 1/2--2 DDs per 1/2--2 DUs per 1--4 DUs per gross acre*** gross acre*** gross acre*** gross acre * * * gross acre*** Full range of single family and multi-family housing types, s les, lot sizes Single Family and limited multi-family Single family and limited multi- family**** Single family and limited multi - family* * * * Diversity of single family and multi-family housing types, s les, lot sizes ŒJ Maximum floor Retail & Office - Retail & Office - Retail & Office - Retail & Office - Retail & Office - area ratio or .5 .5 .5 .5 .5 Intensity Civic/Governme Civic/Governme Civic/Governme Civic/Governme Civic/Governme ntallInstitution - ntallInstitution - ntallInstitution - ntallInstitution - ntallInstitution - .6 .6 Group .6 Group .6 Group .6 Group ManufacturinglL Housing - .45 Housing - .45 Housing - .45 Housing - .45 ight Industrial - Transient Transient Transient Transient .45 Group Lodging - 26 Lodging - 26 Lodging - 26 Lodging - 26 Housing - .45 upa net upa net upa net upa net Transient Lodging - 26 . upa net Goods and Town Center Village center Convenience Convenience Village center Services with Community with Goods and Goods and with and Neighborhood Services: Services: Neighborhood Neighborhood Goods and Minimum 10 SF Minimum 10 SF Goods and Goods and Services in gross building gross building Services in Services in village centers: area per DU area per DU village centers: Town and Minimum 25 SF Minimum 25 SF village centers: gross building gross building Minimum 65 SF area per DU area per DU gross building area per DU; Corporate Office, Manufacturing and Light Industrial Water and Centralized or Centralized or Individual Well Individual Well Centralized or Wastewater decentralized decentralized and Septic and Septic decentralized community community System: System: community treatment system treatment system Centralized or Centralized or treatment system Interim Well and Interim Well and decentralized decentralized Interim Well and Septic Septic community community Septic treatment system treatment system rt @ Recreation and Community Parks & Public Public Green Public Green Parks & Public Open Spaces Parks (200 Green Spaces Spaces for Spaces for Green Spaces SF/DU) Parks & with Neighborhoods Neighborhoods with Public Green Neighborhoods (Minimum 1 % (Minimum 1% Neighborhoods Spaces with Active of gross acres) of gross acres) Active Neighborhoods Flecreation/Golf Recreation/Golf Active Courses Lakes Courses Lakes Recreation/Golf Open Space Open Space Courses Lakes Minimum 35% Minimum 35% Open Space of SRA of SRA Minimum 35% of SRA Civic, Wide Range of Moderate Range Limited Services Limited Services Moderate Range Government and Services - of Services - Pre- K through Pre- K through of Services - Institutional minimum 15 minimum 10 Elementary Elementary minimum 10 Services SF /DU Full SF/DU; Full Schools Schools SF/DU; Full Range of Range of Range of Schools Schools Schools Transportation Auto - Auto - Auto - Auto - Auto - interconnected interconnected interconnected interconnected interconnected system of system of system of local system of local system of collector and collector and roads Pedestrian roads Pedestrian collector and local roads; local roads; Pathways Pathways local roads; required required Equestrian Equestrian required connection to connection to Trails Trails connection to collector or collector or collector or arterial arterial arterial Interconnected Interconnected Interconnected sidewalk and sidewalk and sidewalk and pathway system pathway system pathway system County Transit Equestrian Equestrian access Trails County Trails County Transit access Transit access * Towns are prohibited within the ACSC, per policy 1.7.1 of the Goals, Objeotives, and Policies section 4.08.07 A.2. of this code. ** Villages, Hamlets, and Compact Rural developments within the ACSC are subject to location and size limitations, per policy 1.20 section 4.08.07 A.2. ofthis code, and are subject to Chapter 28-25, F AC. *** Density can be increased beyond the base density through the affordable housing density Bonus or through the density blending provision, per policy 4.7 .... Those CRDs that include single or lu1~ 'i51ìal uses shall iuclude propo'@ support services. Underlined uses are not required uses. * * * * * * * * * * * * * 8. Requests for Deviations :&om the LDC. TheSRA development Document may provide for nonprocedural deviations from the LDC, provided that all of the following are satisfied: a. The deviations are consistent with the RLSA Overlay; b. The deviations further the RLSA District Regulations and are consistent with those specific Design Criteria :&om which Section 4.08.0~1 J.2. - 5. expressly prohibits deviation; and c. It can be demonstrated that the proposed deviation(s) further enhance the tools, techniques and strategies based on principles of innovative planning and development strategies, as set forth in §§ 163.3177 (11), F.S. and Chapter 9J-5.006(5)(L), F.A.C. K. SRA Public Facilities Impact Assessments. Impact assessments are intended to identify methods to be utilized to meet the SRA generated impacts on public facilities and to evaluate the self-sufficiency ofthe proposed SRA with respect to these public facilities. Information provided within these assessments may also indicate the degree to which the SRA is consistent with the fiscal neutrality requirements of Section 4.08.~1 L. Impact assessments shall be prepared in the following in:&astructure areas: * * * * * * * \ {J * * * * * * ~ (ß/ LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC5: LDCIUDC SECTION: Section 5.02.03 C. LDC SUPPLEMENT #: Supplement 1 CHANGE: Re-inserting the language dealing with meeting and parking at a residence used for home occupation. REASON: The language was not included in the LDC recodification. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: 11:01 a.m. This version was created on November 7, 2004 at Amend the LDC as follows: 5.02.03 Standards The home occupation shall be clearly incidental to the use of the dwelling for dwelling purposes. The existence of the home occupation shall not change the character of the dwelling. A. An allowable home occupation shall be conducted by an occupant of the dwelling. B. There shall be no on-site or off-site advertising signs. ® ® C. The use shall not generate more traffic than would be associated with the allowable residential use. To that end, traveling to and from as well as meeting or parking at the residence by either employees of the business operated therefrom who are not residing at the subiect address or by customers or clients of the home occupations is prohibited. D. There shall be no receiving of goods or materials other than nOImal delivery by the U.S. Postal Service or similar carrier. E. Parking or storage of commercial vehicles or equipment shall be allowable only in compliance with the requirements for commercial vehicles in the County Code. F. The on-site use of any equipment or materials shall not create or produce excessive noise, obnoxious fumes, dust, or smoke. G. The on-site use of any equipment or tools shall not create any amount of vibration or electrical disturbance. H. No on-site use or storage of any hazardous màterial shall be kept in such an amount as to be potentially dangerous to persons or property outside the confines of the home occupation. 1. There shall be no outside storage of goods or products, except plants. Where plants are stored, no more than fifty (50) percent of the total square footage of the lot may be used for plant storage. J. A home occupation shall be subject to all applicable County occupational licenses and other business taxes. ® LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Keith Scamehom DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle I, 2005 LDC PAGE: LDC5: LDC SECTION: Section 5.03.02 A.1.a. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Re-inserting fencing standards. REASON: These standards were not included in the LDC recodification performed in Cycle I of 2004. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: LDC section 5.05.08 GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: 3:54 p.m. This version was created on November 1, 2004 at Amend the LDC as follows: 5.03.02 Fences and Walls A. All districts. 1. Whenever a property owner elects to erect a chain link fence pursuant to the provisions herein adjacent to an arterial or collector road in the urban coastal area, said fence shall not be located nearer than three (3) feet to the right-of-way or property line, and said fence shall be screened from view by planting a vegetative hedge a minimum of thirty (30) inches in height at planting spaced at a distance that will achieve an opacity rating of eighty (80) percent within one (1) year of ® (B) planting. An irrigation system shall be installed to ensure the continued viability of the vegetative hedge as a visual screen of the chain link fence. This regulation shall not apply to single-family homes. a. Structures subject to section 5.05.08 Architectural & Site Design Standards shall complv with the followinq additional fencinq standards: i. Chain link and wood fences are prohibited forward of the primary facade and must be a minimum of 100 feet from a public right-of- way. Chain link and wood fencinq facing a public or private street shall be screened with an irriqated hedqe planted directlv in front of the fence on the street side. Plant material shall be a minimum of three qallon in size and planted no more than three feet on center at time of installation. This plant material shall be maintained at no less than three-quarters of the heiqht of the adjacent fence (See Illustration 5.03.02 A.1.a. - 1 ). ii. Fences forward of the primary facade. excludina chain link and wood are permitted under the following conditions: (a) Fences shall not exceed four feet in height. (b) The fence provides either an open view at a minimum of 25 percent of its lenqth or provides variation in its height for a minimum of 15 percent of its length with a deviation of at least 12 inches. (c) The fence sMe must complement building sMe throuqh material. color and desiqn. ® PROPERTY LINE ~ --1- - - - - - - - - - - - - - - _ _ _ _ _ _ _ __ STRUCTURE --1 SITE DIAGRAM I FENCING STRUCTURES N.T.S. PREPARED BY, OFFICE OF GRAPHICS AND TECHNICAL SUPPORT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE,6/2004 FILE, LDC-2004-l5.DWG - J ,"OPEm LINE J1 illustration 5.03.02 A.1.a. - 1 @) ® LDC AmendmentReauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Kim Hadley (consultant) DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC5:28 LDC SECTION: Section 5.05.02 A. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Re-inserting a portion of the provision that was not included during the LDC recodification. REASON: It is important because it's the only provision that states the criteria for MPP regulations apply to all "multislip facilities with 1 0 or more slips." FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMP ACT: None OTHER NOTESNERSION DATE: 11 :04 a.m. This version was created on November 30, 2004 at Amend the LDC as follows: 5.05.02 Marinas A. The following standards are for the purpose of manatee protection and are applicable to all multi-slip docking facilities with ten slips or more, and all marina facilities. ® LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Kim Hadley (consultant) DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC5:28 LDC SECTION: Section 5.05.09 C. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Adding the effective date to this section. REASON: This was not done when Municipal Code published the LDC. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 2:10 p.m. This version was created on November 30, 2004 at Amend the LDC as follows: 5.05.09 Communications Towers * * * * * * * * * * * * * C. Migratory Birds and other Wildlife Considerations. 1. Ground Mounted towers. Except to the extent not feasible for the respective new ground mounted tower's intended purpose(s), each new ground mounted tower that will exceed a height of seventy-five (75) feet (above ground), exclusive of antennas, but will not exceed a height of one hundred and ninety-nine (199) feet above natural grade, exclusive of antennas, should not be guyed. If the applicant . ® proposes that a new ground mounted tower within this height range be guyed, the applicant shall have the burden of proving the necessity of guying the tower. 2. Bird Diverter Devices. Each new ground mounted guyed tower installed on or after the effective date of this Ordinanoe February 20,2004, greater then seventy- five (75) feet in height above natural grade, exclusive of antennas, shall have installed and maintained bird diverter devices on each guy wire (to reduce injuries to flying birds). 3. Habitat Loss. In addition to the requirements in Chapters 4 J. and 10, towers and other on-site facilities shall be designed, sited, and constructed to minimize habitat loss within the tower footprint. At such sites, road access and fencing, to the extent feasible, shall be utilized to minimize on-site and adjacent habitat fragmentation and/or disturbances. ® LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC5: LDC SECTION: section 5.06.07 - Enforcement (signs) LDC SUPPLEMENT #: N/ A - new language CHANGE: Re-inserting the enforcement provisions that were contained in Ordinance 91-102 REASON: The general enforcement and penalties provisions in 10.02.06 E. do not specifically address signs. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 3:24 p.m. This version was created on October 28, 2004 at Note that the enforcement and penalties provisions should all be located in one code section and, as they are not purely land development regulations, they should be placed in the Administrative Code. Once it is detennined where in the Admin. Code the provisions should be placed, these, along with the provisions in 10.02.06 E., should be relocated accordingly. Amend the LDC as follows: 5.06.07 Enforcement A. General. No sian shall hereafter be erected. placed. altered or moved unless in conformity with this Code. All sians located within Collier County shall complv with the followinq requirements: 1. The issuance of a si ® shall not permit the construction or maintenance of a sian or structure in violation of an existinc county. state or federal law or requlation. 2. All sians for which a permit is required shall be subject to inspections bv the County Manacer or his desicnee. The County Manacer or his desicnee isherebv authorized to enter upon any property or premises to ascertain whether the provisions of this Code are beinq adhered to. Such entrance shall be made durinc business hours. unless an emerqencv exists. The County Manacer or his desiqnee may order the removal of any sian that is not in compliance with the provisions of this Code. is improperlv maintained. or which would constitute a hazard to the public health. safety. and welfare. 3. The County Manaqer or his desicnee shall be charced with interpretation and enforcement of this Code. B. Enforcement orocedures. Whenever. bv the provisions of this Code. the performance of an act is required or the performance of an act is prohibited. a failure to complv with such provisions shall constitute a violation of this Code. 1. The owner. tenant. and/or occupant of any land or structure. or part . thereof. and an architect. builder. contractor aqent. or other person who knowinqlv participates in. assists, directs. creates or maintains any situation that is contrary to the requirements of this Code may be held responsible for the violation and be subject to the penalties and remedies provided herein. 2. Where any sian or part thereof violates this Code. the County Manaqer or hisdesiqnee may institute any appropriate action orproceedinqs to prevent. restrain. correct. or abate a violation of this Code, as provided bv law. includinq prosecution before the Collier County Code Enforcement Board aqainst the owner, acent. lessee. or other persons maintaininq the sian. or owner. or lessee of the land where the sian is located. 3. If a sian is in such condition as to be in dancer of fallinq, or is a menace to the safety of persons or property. or found to be an immediate and serious danqer to the public because of its unsafe condition. the provisions of section 2301.6 of the Standard Buildinq Code. as adopted bv Collier County shall qovern. 4. Code enforcement shall immediatelv remove all violative sians located in or upon public richts-of-wav or public property. 5. Penalties. If any person. firm or corporation. whether public or private. or other entity fails or refuses to obey or complv with or violates any of the provisions of this Code. such person. firm, corporation. or other entity, upon conviction of such offense. shall be quiltv of a misdemeanor and shall be punished bv a fine not to exceed $500.00 or bv imprisonment not to exceed 60 days in the county jail. or both. in the discretion of the court. Each violation or noncompliance shall be considered a separate and ® distinct offense. Further. each day of continued violation or noncompliance shall be considered as a separate offense. a. Nothinq herein contained shall prevent or restrict the county from takinq such other lawful action in any court of competentiurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include. but shall not be limited to. an equitable action for injunctive relief or an action at law for damaqes. b. Further. nothinq in this section shall be construed to prohibit the county from prosecutinq any violation of this Code by means of a code enforcement board established pursuant to the subsidiary of F.S. ch. 162. ® ,"_h LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Kim Hadley (consultant) DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC8:10-11 LDC SECTION: Section 8.06.03 LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: recodification. Re-inserting provisions that were not included during the LDC REASON: It is necessary to identify exactly which land use petitions that the EAC is empowered to review. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 3 :09 p.m. This version was created on November 30, 2004 at Amend the LDC as follows: 8.06.03 Powers and Duties The powers and duties of the EAC are as follows: * * * * * * * * * * * * * O. The EAC shall review all land development petitions which require the following: an environmental impact statement (EIS) per section 10.02.02 of the LDC: all developments of regional impact (DR!); lands willi spec@t (ST) or area of Cri~~te concern/special treatment (ACSC/ST) zoning overlays: or any petition for which environmental issues cannot be resolved between the applicant and staff and which is requested by either party to be heard by the EAC. The EAC shall also review any petition which requires approval of the Collier County Planning: Commission (CCPC) or the board of county commissioners (BCC) where staff receives a request from the chairman of the EAC, CCPC or the BCC for that petition to be reviewed by the EAC. 1. Any petitioner may request a waiver to the EAC hearing requirement. when the following considerations are met: 1) no protected species or wetland impacts are identified on the site: 2) an EIS waiver has been administratively granted: 3) ST zoning is present and an administrative approval has been granted: or 4) an EIS was previously completed and reviewed by staff and heard by a predecessor environmental board, and that EIS is less than five years old (or if older than five years, has been updated within six months of submittal) and the master plan for the site does not show greater impacts to the previously designated preservation areas. 2. The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC. @ LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Kay DeselemlRussell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC9:11 and 10:175 LDC SECTION: Sections 9.04.00 and new LDC section 10.09.00 LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Reinserting some of the Variance procedures. REASON: These were not included in the LDC recodification. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 4:05 p.m. This version was created on December 6, 2004 at Amend the LDC as follows: 9.04.00 VARIANCES 9.04.01 Generally A. Purpose. In specific cases, variance ITom the terms of the LDC may be granted where said variance will not be contrary to the public interest, safety, or welfare and where owing to special conditions peculiar to the property, a diminution of a regulation is found to have no measurable impact on the public interest, safety or welfare; or a literal enforcement of the LDC would result in unnecessary and undue hardship, or practical difficulty to the owner of the @ property '!lld would otherwise deny the property owner a level of utilization ofhislher property that is consistent with the development pattern in the neighborhood and clearly has no adverse effect on the community at large or neighboring property owners. B. Historic Places. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. LDC. C. For specific procedures associated with Variances, please see section 10.09.00 of the 9.04.02 Types of Variances Authorized A variance is authorized for any dimensional development standard, including the following: height, area, and size of structure; height of fence; size of yards and open spaces; dimensional aspects oflandscaping and buffering requirements; size, height, maximum number of, and minimum setback for signs; and minimum requirements for off-street parking facilities. A. Variances for signs. The board of zoning appeals based upon the evidence given in public hearing; and the findings of the planning commission should determine to the maximum extent possible if the granting of the variance will diminish or otherwise have a detrimental effect on the public interest, safety or welfare. A variance from the terms of this zoning code may be granted based on the requirements of this section 9.04.00 or where it can be demonstrated that a sign has significant historic or community significance, and pursuant to the criteria and procedures set forth in this section 9.04.00. In granting any variance, the board of zoning appeals may prescribe the following: 1. Appropriate conditions and safeguards in conformity with this Code or other applicable county ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Code. 2. A reasonable time limit within which thé action for which the variance required shall be begun or completed or both. 9.04.03 Criteria for Variances Findinffs. Before any variance shall be recommended for approval to the board of zoning appeals, the planning: commission shall consider and be guided by the following: standards in making a determination: A. There are special conditions and circumstances existing which are peculiar to the location, size, and characteristics of the land, structure, or building involved. B. There are special conditions and circumstances which do not result from the ® Œ> action of the applicant, such as pre-existing conditions relative to the property which is the subject of the variance request. C. A literal interpretation of the provisions of the LDC work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. D. The variance, if granted, will be the minimum variance that will make possible the reasonable use of the land, building, or structure and which promote standards of health, safety, or welfare. E. Granting the variance requested will not confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district. F. Granting the variance will be in harmony with the intent and purpose of the LDC, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. G. There are natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation, such as natural preserves, lakes, golf course, etc. H. Granting the variance will be consistent with the GMP. 10.09.00 Variance Procedures A. Conditions and safeguards. In recommending approval of any variance, the planning: commission may recommend appropriate conditions and safeguards in conformity with this zoning code including, but not limited to, reasonable time limits within which the action for which the variance is required shall be begùn or completed, or both. In the case of after-the-fact variances, the planning: commission may recommend, as a condition of approval. that in the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of this Code in effect at the time of reconstruction. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this zoning code. B. Recommendation of denial. If the planning: commission recommends denial of a variance, it shall state fully in its record its reason for doing so. Such reasons shall take into account the factors stated in section 9.04.03 of this code, or such of them as may be applicable to the action of denial and the particular regulations relating to the specific variance requested if any. @ C. Status of vlannim! commission revort and recommendations. The report and recommendation of the planning commission required above shall be advisory only and shall not be binding: upon the board of zoning appeals. D. Notice of board ofzoning avveals vublic hearinz. Upon completion of the public hearing: before the planning commission. the petition shall be heard by the board of zoning: appeals. Notice of public hearing shall be given at least 15 days in advance of the public hearing before the board of zoning appeals. The owner of the property for which the variance is sought. or his agent or attorney designated by him on his petition. shall be notified by mail. Notice of public hearing shall be advertised in a newspaper of general circulation in the county at least one time 15 days 'Prior to the hearing. E. Board of zoninz avveals vublic hearings. The public hearing shall be held by the board of zoning: appeals. Any party may appear in person by agent or attorney. or may submit written comments to the board of zoning appeals. F. Board ofzoninz avveals action. Upon consideration of the planning commission's report, [mdings and recommendations. and upon consideration of the standards and guidelines set forth in section 9.04.03 of this code, the board of zoning appeals shall approve, by resolution, or deny a petition for a variance. G. Conditions and safeguards. In granting any variance. the board of zoning appeals may prescribe appropriate conditions and safeguards in conformity with this zoning code. including:, but not limited to. reasonable time limits within which action for which the variance is required shall be begun or completed. or both. In the case of after-the-fact variances. the board may stipulate that in the case of destruction of the encroaching structure. for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction. any reconstruction shall conform to the provisions of this Code in effect at the time of reconstruction. Violation of such conditions and safeguards. when made a part of the terms under which the variance is granted, shall be deemed a violation of this zoning code. H. Limitations on vower to grant variances. Under no circumstances shall the board of zoning appeals grant a variance to permit a use not permitted under the terms of this zoning: code in the zoning district involved. or any use expressly or by implication prohibited, by the terms of these regulations in the said zoning district. I. Variance avvlication processinz time. An application for a variance will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. An application for a variance will be considered "closed" when the petitioner withdraws the subiect application through written notice or ceases to supply necessary information to continue processing or otherwise actively pursue the variance. for a period of six months. An application deemed "closed" will not receive further processing and shall be withdrawn and ® an application "closed" through inactivity shall be deemed withdrawn. The planning: services department will notify the applicant of closure. however. failure to notify by the county shall not eliminate the "closed" status of a petition. An application deemed "closed" may be re-opened by submitting a new application. repayment of all application fees and granting of a determination of "sufficiency". Further review of the request will be subiect to the then current code. 1. Applicability. All applications for a variance whether submitted befòre or after June 26. 2003. shall comply with the processing: time procedures set forth in section 1. above. ® LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell WebblKim Hadley (consultant) DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDCIO:10 LDC SECTION: Section 10.02.02 A.4. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: recodification. Re-inserting language that was not included during the LDC REASON: mitigation. It is imperative that the applicant set forth measures necessary for FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 3:45 p.m. This version was created on November 30, 2004 at Amend the LDC as follows: 10.02.02 Submittal Requirements for All Applications * A. Environmental impact statements * * * * * * * * * * * * 4. Information required for application. * * * * * * * * * * * * ® @ * g. Listed species. 1. Provide a plant and animal species survey to include at a minimum, listed species known to inhabit biological communities similar to those existing on-site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission and the u.s. Fish and Wildlife Service. State actual survey times and dates, and provide a map showing the location(s) of species of special status identified on-site. 11. Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. 111. Indicate how the project design minimizes impacts to species of special status. Describe the measures that are proposed as mitigation for impacts to listed species. IV. Provide habitat management plans for each ofthe listed species knoWn to occur on the property. For sites with bald eagle nests and/or nest protection zones, bald eagle management plans are required, copies of which shall be included as exhibits attached to the PUD documents, where applicable. v. Where applicable, include correspondence received from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS), with regards to the project. Explain how the concerns of these agencies have been met. ® LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Kim Hadley (consultant) DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDCIO:II-12 LDC SECTION: Section 10.02.02 A. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: . Placing the language dealing with an ST or ACSC-ST Overlay in a separate lettered paragraph and adding a cross-reference to an exemption listed in 3.04.01 C.!. REASON: The language is more appropriately located as a separate paragraph as it discusses any parcel as opposed to only single-family or duplex uses. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: LDC section 3.04.01 C. GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 4:55 p.m. This version was created on November 24, 2004 at Amend the LDC as follows: 10.02.02 Submittal Requirements for All Applications A. Environmental impact statements * * * * * * * * * * * * * 7. Exemptions. a. The EIS exemption shall not apply to any parcel with a ST or ACSC-ST ® overlay. unless otherwise exempted by section 4.02.14 H. of this Code. a::- b. Single-family or duplex uses. Also. §..single-family or duplex use on a single lot or parcel. Exemption shall not apply to any pareel with a. 8T or ...^..C8C 8T overla.y, unless otheI"\yise emempted by seotion 2.03.07 D. of this Code. &:. c. Agricultural uses. Agricultural uses that fall within the scope of sections 163.3214(4) or 823.14(6), Florida Statutes, provided that the subject property will not be converted to a nonagricultural use or considered for any type of rezoning petition for a period of twenty- five years after the agricultural uses commence and provided that the subject property does not fall within an ACSC or ST zoning overlay. e.,. d. Non-sensitive areas. Any area or parcel ofland which is not, in the opinion of the County Manager or his designee, an area of environmental sensitivity, subject to the criteria set forth below, provided that the subject property does not fall within an ACSC or ST zoning overlay: 1. The subj ect 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. 11. The major flora and fauna features have been altered or removed to such an extent as to preclude their reasonable regeneration or useful ecological purpose. An example would be in the case of an industrial park or a commercial development where most of the flora and fauná were removed prior to the passage of this Code. 111. The surface and/or natural drainage or recharge capacity ofthe project site has been paved or channeled, or otherwise altered or improved prior to the adoption of this Code, and will not be further degraded as a result of the proposed use or development. IV. The use and/or development of the subject property will definitely improve and correct ecological deficiencies which resulted :£Tom 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. v. 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. 4- ~ All lands lying within all incorporated municipalities in Collier County. &: f All NBMO Receiving Lands. g. Single-family lots in accordance with section 3.04.01 C.l. ® LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Kim Hadley (consultant) DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC10:82-84 and 10:123-125 LDC SECTION: Section 10.02.06 B.1. and 10.02.12 LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Deleting section 10.02.12. REASON: With one minor exception, the language of 10.02.06 B.1. is repeated in 10.02.12. The provisions in question pertain to building or land alteration permits, so they should be located only in the permit section of the code (10.02.06). FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 12:21 p.m. . This version was created on December 1, 2004 at All cross-references in the Code to 10.02.12 will need to be revised. Further, any references to those sections following 10.02.12 (i.e. - 10.02.13 and 10.02.14) will need to be revised as these section numbers will change upon removal of the now 10.02.12. Amend the LDC as follows: 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DR!), it shall meet all of the requirements ofF.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DR! shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DR! and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1). it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [ or] building permit is inconsistent with the growth management plan. Anything in this division to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land Alteration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to ® applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in confonnity with the provisions of this Code unless he shall receive a written order rrom the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order rrom a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of ~ ©) occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land development Code. 1. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. 11. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adequate TJublic facilities required. No buildin2 or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (chapters 3,6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. Eh e. Improvement of property prohibited prior to issuance of building perm it. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 4 and 10. 1. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). ~ 1. Zoning and land use approval required prior to or simultaneously with ® issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. 1. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision ofthe Land Development Code. 11. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. 111. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a cOIÌ1n1ercial or other nonresidentially allowed uses of land or buildings. C. Vegetation Removal permit requirements. 1. Other permits required. No vegetation removal permit or fina.l development order authorizing site clearing or site improvements shall be issued by the County Manager or his designee until all applicable federal and state, and County approvals as designated by the County Manager or his designee have been obtained. These approval may or may not include; but are not limited to: 10.02.12 Building or Land L\lteration Permits ^ .... Jo... Building or land alteration permit r:lFl.d ccrtificate at occupancy COl'l'lfJliélnCC proccss. 1. Zoning actiøn on building or klnd alteration pcrmits. The County Manager or his designee sha.ll be responsible for determining whether applioations for building or land alteration permits, as required by the Collier County building code or this ® Code are in accord with the requirements of this Code, and no huilding or land alteration permit shall be issued v1Ïthout vllÌ.tten approyal that plans submitted conf-orm to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteratien permit shall mean any '.'lritten authorization to alter land and f-or '::œch a building permit may not be required. Examples ine1ude but are not limited to clearing and excaTlation pennits, site dcvelopmcBt plan approvals, agricultæ.-al olearing permits, and blasting permits. No building or structure shall be erected, mOT:ed, added to, altered, utilized or allowed to exist and/or no land alteratien shall be permitted without fIrst obtaining the authorization of the reql:lired permit(s), inspections and certificate(s) of occupancy as required by the Collier County building code or this Code and no building or land alteratien permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteratien of any building, structure, or land except in conformity with the provisions of this Code unless he shall recei'le a written order ITom the board of zoning appeals in the form of an administrative reviev: of the interpretation, or variances as proTlided by this Code, or unless he shall receive a '.T:ritten order from a court or tribunal of competent jurisdiction. 2. App!icstion for building or laRd alteration permit. .^...ll applications for huilding or land alteratien permits shall, in addition to containing the information required by the buildiRg official, be aocompanied by all required plans and drawings drœ-vn to scale, showing the actual shape and dimensions of the let to be built upon; the sizes and locations on the let of huildiRgs already existing, if any; the size and location on the let ofthe huildiRg or buildiRgs to be erected, altered or allo\T:ed to exist; the existing use of each buildiRg or buildiRgs or parts thereof; the number of families the buildiRg is designed to acoommodate; the location and number of required off street padång and off street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land develøpmcRt Code. In the case of application for a buildiRg or land alteratieR permit on property adjaeeRt to the Gulf of Mexico, a surley, certified by a land sur:eyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there· is a storm e":ent or active erosion on a specific parcel of land for which a building or land alteratien permit is requested, '.vhich the County Manager or his designec determines may effect the deRsity or other use, relationship of the property, a more recent sur/ey may be required. \\There ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land sur/eyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. 3. Construction EJ.7<ld use tfJ bc as prfJ,..idcd iR applžeetÜ:ms; SÚltuS o./,pennit issucd in error. BuildiRg or land alteratioR permits or certificates of occupancy issued on the basis of plans and specifications approT:ed by the County Manager or his ~@ desigFlee authorize omy the use, arrangement, and oonstruction set forth in such approved plans and applioations, and no other use, arrangement, or construøtion. ßuildiøg use arrangement, or oonstruotion different from that authorized shall be deemed a violation oHms Land Developmeøt Code. a. 8tatøments made by the applieaBt on the builàiBg or land alteratioB pørmit applioation shall be døemed offioial statements. ,,^..ppro~la1 of the applioation by the County Manager or his designee shall, in no way, exempt the applieaBt from strict observance of applioable provisions of this Land De·:elopmeBt Code and all other applicable regulations, ordinances, oodes, and laws. b. f.. buildiBg or land alterati9B permit issued in error shall not confer any rights or pri~li1eges to the applieaBt to proceed to or oontinue with construotion, and the oounty shall have the power to revoke suoh permit until said error is oorreoted. 1. Adequate public facilities required. No buildiBg or land alteratioB permit or oertificate of ocoupanoy shall be issued exoept in acoordanoe with the Collier COl:H1ty .^..døquate Publio Faoilities Ordinance, Ord. No. 90 24 (chapters 3, 6 and 10 of this Code) and Rule 9J 5.0055, F.A.C. 5. Impr{)'¡>'ement 0/ property pr-ehièitcd prior to issuancc efbuilding permit. No sito work, removal of protected ~:egetation, grading, improvement of property or . construction of any type may be commenoed prior to the issuanoe of a buil.El.iøg permit where the development proposed requires a building permit under this Land Deyelopment Code or other applicable oounty regulations. ERoeptions to this requirement may be granted by the County Manager or his designee for an approved subdivisioø or site developmeBt plaB to provide for distribution Of fill excavated on site or to permit oonstruotion of an approved ·.~¡ater management system, to minimize stookpiles and hauling off site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and appro~¡ed meeting the warrants of section 4.06.01 oHms Code; remo~¡al of exotic yegetatioB shall be eRcmpted upon receipt of a yegetation removal permit for eRotics pursuant to Chapter 3 and this Chapter 10. a. In the eyent the improyemcnt of property, construction of any type, repairs or remodeling of any type that requires a buildiøg permit has bøen completed, all required inspeotion(s) and certificatø(s) of occupancy must be obtained v:ithin 60 days after the issuance of after the fact pørmit(s ). 6. Zoning and le.nd usc approVéll rcquired prior Ie or simultsnceDJsly 1vith issuance a/building or kind alteration permit or occupancy 0/ le.nd and spa.ee. A zoning certificate, attesting to compliance with all aspeots of the zoning provisions of the Land develøpmeøt Code, shall be required prior to obtaining a buildiøg or land altcratioø permit or to oocupying any space of land or buil.diøgs or f{)r the ® conduct of a business in all zoning districts. The following zomng certificate re:','iew procedure shall pro~,'ide for the issuance of a zoning oertifieate. a. For the purposes of determining compliance '.'<,ith the :zoning provisions of the Land DeveIepmeBt Code, an appro','al of a site deveIepm.eBt pIaB pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a statement of compliance 'Nith all applicable pro'/isions of the Land DevelepmeBt Code, including the uses of the buildiRg space upon which applicable off street parking and loading requirements ','<,ere based, however, issuanoe of a zoning certificate shall not exempt any person from full compliélÐ.ce with any applieable provision of the Land DeveIepm.eBt Code. b. In subdivided buildiBgs each space for '.?hich a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the buildiBg and the land pursuant to section 10.02.03 and of a zoning certificate issued for the buildiBg and the land, shall be required. c. !~ zomng certificate shall be required for any use of land or buildiBgs loca.ted in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allo'.ved uses ofland or buildiBgS. ® APPENDIX H . LDC/UDC COMPARATIVE TABLES The tables contained in this Appendix provide a detailed cross-reference between the sections of the LOC in effect prior to the October 18, 2004, effective date, and the LOC sections thereafter in effect on that date. The documents are broken down into Articles, which was the format of the LOC prior to the October 18, 2004, effective date. The LOC has been revised into a Chapter format as of the October 18, 2004 date. The contents of this Appendix are as follows: Article 1 - General Provisions Article 2 - Zoning Article 3 - Development Requirements Article 4 - Impact Fees Article 5 - Decision:'Making and Administrative Bodies Article 6 - Definitions @ ARTICLE 1 - GENERAL PROVISIONS LDC LDC LDC Sub- UDC U DC Section Other Notes Division Section section Chapter 1.1 Chapter 1 1.01.00 - Title 1.2. Chapter 1 1.02.00 - Authority 1.3. Chapter 1 1.05.00 - Findings, Purpose and Intent 1.4. Chapter 1 1.05.00 - Findings, Purpose and Intent 1.5. Chapter 1 1.04.01 - Generally 1.5.1. Chapter 1 1.04.05 - Relationship to GMP 1.5.2. Chapter 1 1.04.03 - Exceptions 1.5.3. Chapter 1 1.04.02 - Applicability to... 1.5.4. Chapter 1 1.04.02 - Applicability to... 1.5.5. Relocated to Code of Laws & Ord.. 1.5.6. Chapter 1 1.04.01 - . Generally 1.5.7. Relocated to Code of Laws & Ord.. 1.6. Revised in Supp. 17 (Ord. 03-55) ·1.6.1. Chapter 1 1.06.01 - Responsibility for... §§1.6.2. - 10.02.02 - 1.6.6. Submittal Requirements for All Applications I 2 ® 1.6.7. Chapter 1 1.06.02 - Rules for Interpretations.. . 1.6.8. Chapter 1 1.06.03 - Interpretations' Not... 1.6.9. Chapter 1 1.06.02 - Rules - for Interpretations. . . 1.6.10. Chapter 1 1.06.40 - Continuity of . Zoninq 1.7. Chapter 9 9.02.00 - This Division Development is no longer with Vested legally Rights- effective and [Reserved] therefore is not being carried forward but the section is reserved for future amendment 1.8. Chapter 9 9.03.00 - § 1.8.2. was Nonconformities revised in Supp. 16 (Ord. 03-27) and Supp. 17 (Ord.03-55) 1.9. Chapter 8 8.08.00 - Code Enforcement Board . . 1.10. Fees This Division relocated to the County Administrative .. Code 1.11.-1.17. These "Reserved" divisions were not required for inclusion in the UDC A @ ® 1.18. Chapter 1 1.07.00 - Laws Revised in I Adopted by Supp. 16 Reference (Ord. 03-27) 1.19. Chapter 10 10.02.08 - 11 1.20. & These 1.21. Divisions are replaced by Section Five in the 2004 adopting Ordinance. 1.22. This Division is replaced by Section Four in the 2004 adopting . Ordinance. 1.23 This Division is replaced by Section Seven in the 2004 adopting Ordinance. ~ t ~ ® ARTICLE 2- ZONING LDC LDC LDC Sub- UDC UDC Section Other Notes Division Section section Chapter . 2.1. - 2.1.1. This section General is not needed and is not included in the UDC. 2.1.2. Chapter 2 2.01.01 - Purpose 2.1.3. This section is not needed and is not included in the UDC. SSe 2.1.4. - Chapter 2 2.02.01 - 2.1.7. Establishment of Official Zoninq Atlas ss. 2.1.8. Chapter 2 2.02.01 - & 2.1.9. Official Zoning Atlas SSe 2.1.10. Chapter 1 1.04.01 - - 2.1.12. Generally 2.1.13. Chapter 1 1.04.04 C Reduction 2.1.14. Chapter 2 2.02.02 - District. . . 2.1.15. Chapter 2 2.02.03 - Prohibited Uses 2.1.16. Chapter 2 2.02.02 - District.. . 2.1.17. Chapter 1 1.04.02 - Applicability.. . 2.1.18. Chapter 1 1.04.02. D.... Div.2.2. 2.2.1. Chapter 2 2.03.05. & 2.04.03 ,.- Table of Uses 2.2.2. Chapter 2 2.03.05 - Open Revised in Space Zoning Supp. 16 Districts (Ord. 03-27) & Supp. 18 (Ord. 04-08) '(k ® 2.2.2 % Chapter 2 2.03.08 - New zoning Eastern Lands/ district Rural Fringe Zoning Districts ss. 2.2.3. - Chapter 2 2.03.01 - Revised in 2.2.10. Residential Supp. 16 Zoning Districts (Ord. 03-27) and in Supp. 18 (Ord. 04- 08) 2.2.11. Chapter 2 2.03.02. F- TTRVC District 2.2.11.4.13. Chapter 4 4.06.06 - Special Buffer Requirements.. . ss. 2.2.12. Chapter 2 2.03.02 - Revised in - 2.2.15 % Commercial Supp. 18 Zoning Districts (Ord. 04-08) ss. 2.2.16 Chapter 2 2.03.03 - Sec. 2.2.16. & 2.2.16 % Industrial revised in Zoning Districts Supp. 17 (Ord. 03-55) and in Supp. 18 (Ord. 04- 08) . 2.2.17. Chapter 2 2.03.05 - Open Revised in Space Zoning Supp. 18 Districts (Ord. 04-08) SSe 2.2.18. Chapter 2 2.03.04 - Civic Revised in & 2.2.19. and Institutional Supp. 18 Zoning (Ord. 04-08) Sub-section Chapter 4 2.2.18.4.6. 4.05.05 - Parking Variation in the P District 2.2.20. Chapter 2 2.03.06 - PUD Revised in Districts Supp 18 (Ord. 04-08) ss. 2.2.21. Chapter 2 2.03.07 - § 2.2.27. - 2.2.28. Overlay Zoning created by Districts Supp. 16 2.2.27. in (Ord. 03-27), Chapter 4 revised in 4.08.00 Supp. 18 (Ord. 04-08) , S3 ® 2.2.29 2.2.29.1. - Chapter 2 2.03.07 G.6. 2. 2.2.29.3. - Chapter 10 10.02.05 F. Section 4. and created in 2.2.29.5. Cycle 2, 2004 (2) and (6) after the LDC .- recodification. 2.2.29.5. Chapter 4 4.02.33 (1), (3), (4) and (5) SSe 2.2.30. NRPA-2.03.08 Revised in (NRPA) & C; Supp. 18 2.2.31. NBMO - (Ord. 04-08) (NBMO) 2.03.08 D ss. 2.2.32. Chapter 2 . 2.03.07 - §§ 2.2.32.& - 2.2.35. Overlay. . . 2.2.33. revised in Supp. 16 (Ord. 03-27) §§ 2.2.33. & 2.2.34. revised in Supp. 17 (Ord. 03-55) 2.2.37. This section has expired and is no longer needed or included in the UDC. 2.2.38. New district Revised in § 2.03.07 Supp. 18 (Ord.04-08) 2.3. 2.3.1. This section is not needed and is therefore not included in the UDC. ss. 2.3.2. Chapter 4 4.05.01 - & 2.3.3. Generally SSe 2.3.4. - Chapter 4 4.05.04 - Sec. 2.3.5. 2.3.12. Parking Space revised in Requirements SuPP. 18 t\ @±) (ß (Ord. 04-08) I 2.3.13. Chapter 1 1.04.04 C ss.2.3.14. These were &2.3.15. reserved sections and are not included in the UDC. 2.3.16. Chapter 4 4.05.09 - Revised in Stacking Lane Supp. 16 Requirements COrd. 03-27) 2.3.16.1. Chaptèr 4 4.05.08 Bicycle Parkinq... ss.2.3.17. Chapter 4 4.05.06 - § 2.3.19. - 2.3.21. Loading Space revised in Requirements Supp. 16 (Ord. 03-27). § 2.3.21. revised in Supp. 18 COrd. 04-08) 2.3.22. Chapter 4 4.05.07 - Handicapped Parking... ss. 2.3.23. These were & 2.3.24. reserved sections and are not included in the UDC. 2.4. 2.4.1. This section is not needed and is therefore not included in the UDC. 2.4.2. Chapter 4 4.06.01 - Generally 2.4.3. Note: SSe Chapter 10 Administrative § 2.4.3.6. 2.4.3.4. - procedures revised in 2.4.3.7. in Chapter. Supp. 16 Chapter 4 (Ord. 03-27) (4.06.05) § 2.4.3. revised in Supp. 17 t ® (Ord. 03-55) 2.4.4. Chapter 4 4.06.05 - §. 2.4.4. General revised in Landscape Supp. 17 Requirements (Ord.03-55) 2.4.4.14. Chapter 4 4.06.04 D. Sub-section Chapter 4 4.06.01 - 2.4.4.16. Generally 2.4.5. Chapter 4 4.06.03 - § 2.4.5. Landscaping revised in Requirements Supp. 17 for Vehicular... (Ord. 03-55) 2.4.6. Chapter 4 4.06.05 - § 2.4.6.5. General revised in Landscape Supp. 16 Requirements (Ord. 03-27) §§ 2.4.6.6. & 2.4.6.7. revised in Supp. 17 (Ord. 03-55) 2.4.7. Chapter 4 4.06.01 - §§ 2.4.7.2., Generally and 2.4.7.3. & 4.06.02 - Buffer 2.4.7.5. Requirements revised in Supp 17 (Ord. 03-55). §§ 2.4.7.2. and 2.4.7.5. revised in Supp. 18 (Ord.04-08) 2.5. 2.5.1. This section is not needed and is not included in the UDC. ss. 2.5.2. - Chapter 5 5.06.01 - § 2.5.5. 2.5.4. Generally revised in Supp. 17 (Ord. 03-55) and in Supp. ~~ ® 18 (Ord. 04- I 08) 2.5.5 Chapter 5 5.06.04 Permitted ss. 2.5.6. § 2.5.7. Chapter 5 5.06.03 - §§ 2.5.6.22. & & 2.5.7. revised in Prohibited 2.5.7.30. Supp. 17 Signs revised in (Ord. 03- Supp. 16 55) (Ord. 03-27) 2.5.8. Chapter 5 5.06.04 ss.2.5.9. Chapter 9 9.03.00 - & 2.5.10. Nonconformities 2.5.11. Chapter 9 9.04.00 - Variances s 2.5.12. & Chapter 10 10.02.06 - 2.5.13. Submittal Requirements for Permits 2.6. 2.6.1. Chapter 4 4.04.01 - Generally 2.6.2. Chapter 4 4.02.03 - Specific Standards ... ss. 2.6.3. - Chapter 4 4.02.01 - § 2.6.4. 2.6.4. Dimensional revised in Standards for Supp. 16 Principal Uses (Ord. 03-27); in Base Zoning § 2.6.3. Districts revised in Supp. 18 (Ord. 04-08) 2.6.2.4. Chapter 5 5.03.01 - Canopy Tents 2.6.4.3. Chapter 9 9.04.00 - Variances 2.6.4.4. Chapter 4 4.02.01 - Dimensional St. ss 2.6.5. & Chapter 4 4.04.01 - 2.6.6. Generally 2.6.7. 2.6.7.1. Chapter 2 2.01.00 A 2.6.7.2. Chapter 2 2.01.00 B 2.6.7.3. Chapter 2 2.01.00 C 2.6.7.4. Chapter 2 2.03.07 L 2.6.8. Chapter 1 1.04.01 - Generally ~® ® 2.6.9. Chapter 2 2.01.03 - Essential Services & 2.04.03 - Table of Uses 2.6.10. Chapter 5 5.05.01 - Businesses... 2.6.11 ~-.. Chapter 5 5.03.02 - Fences & Walls 2.6.12. Chapter 2 2.01.00 E 2.6.13. Chapter 2 2.01.02 2.6.14. Chapter 2 2.04.00 - Permissible, Accessory, Chapter 4 4.02.01 - (CONT'D.) Dimensional Standards & Chapter 5 5.03.03 - Guesthouses 2.6.15. Chapter 5 5.03.04 - Revised in Dumpsters Supp. 16 . (Ord. 03-27) 2.6.16. Chapter 5 5.03.05 - Caretaker ... 2.6.17. Chapter 2 2.01.00 F 2.6.18. Chapter 2 2.01.00 G 2.6.19. Chapter 10 10.02.06 A 2.6.20. Chapter 5 5.02.00 - Home Occupations 2.6.21. Chapter 5 5.03.06 - Dock Revised in Facilities Supp.18 (Ord. 04-08) 2.6.21.2.7. Chapter 3 3.05.00 - Vegetation.. . 2.6.22. Chapter 5 5.05.02 - Marinas 2.6.23. Chapter 2 2.03.01 J 2.6.24. Chapter 5 5.04.02 - Interim.. . 2.6.25. Chapters 2 2.04.00 A)- @J .(e» and 5 5.05.03 1 2.6.26. Chapter 5 5.05.04 - Group Housinç¡ 2.6.27. Chapter 4 4.02.02 - Dimensional Standards 2.6.28. Chapter 5 5.05.05 - Automobile.. . Chapter 9 9.04.07 - 2.6.28.4. Specific Reqts. 2.6.29. Chapter 5 5.05.06 - Private Airports 2.6.30. Chapter 4 4.07.06 2.6.31. Relocated to Code of Laws & Ord. 2.6.32. Chapter 4 4.02.01 - Dimensional Standards 2.6.33. Throughout Temporary Use Chapter 5 - Process in see below 10.02.06 G Sub-section Chapter 5 5.03.05 - Revised in 2.6.33.3. Caretaker. .. & Supplement 5.04.03 - 16 (Ord. 03- Temporary 27) Uses. .. Sub-section Chapter 5 5.04.04 - Model 2.6.33.4. Homes... Sub- Chapter 5 5.04.05 - sections Temporary 2.6.33.6. - Events 2.6.33.9. Sub-section Chapter 5 5.06.06 - Sign Added in 2.6.33.10. Standards for Supplement Specific 18 (Ordinance Situations 04-08) 2.6.34. Chapter 5 5.04.06 - (see Annual Beach alsoAppx. Events Permit G 2.6.35. Chapter 5 5.05.09 - Revised in Communication SupP. 18 \)l ® Cß) Towers (Ord. 04-08) 2.6.36. Chapter 5 5.05.07 - Townhouse.. . 2.6.37. Chapter 4 4.01.02 - Revised in Kitchens in Supp. 18 Dwelling Units (Ord. 04-08) 2.6.39. Chapter 2 2.03.07 - Added in TDRs Overlay Zoning Supp. 18 Districts (Ord.04-08). 2.6.40. Chapter 2 2.05.02 - Added in Density Density Supp. 18 Blending Blendinq (Ord. 04-08) 2.7. Portions revised in Supp.16 (Ord. 03-27) 2.7.1. This section is not needed and is not included in the UDC. 2.7.2. 2.7.2.1. & Chapter 10 10.02.08 - Revised in 2.7.2.2. Submittal Supp.17 (Ord. Requirements.. . 03-55) 2.7.2.3. - Chapter 10 10.03.05 - Revised in 2.7.2.16. Notice Supp.17 (Ord. Requirements.. . 03-55) 2.7.3. Chapter 10 10.02.13 - PUD Revised in Procedures Supp. 17 (Ord. 03-55) and § 2.7.3.5. revised in Supp. 18 .. (Ord. 04-08) 2.7.4. Chapter 10 10.08.00 - Sec. 2.7.4.9. Conditional Use revised in Procedures Supplement 18 (Ordinance 04-08) 2.7.5. Chapter 9 9.04.00 - Variances 2.7.6. Chapter 10 10.02.06 - Submittal... 2.7.7. Chapter 2 2.06.00 - AHDB Revised in Supp.17 (Ord. ~ CB) · 03-55) I 2.8. Chapter 5 All in Portions of § 5.05.08 - Div. 2.8. were Architectural carried over Standards, into Div. 2.4. EXCEPT by Supp. 17 2.8.3.3.2. 4.06.02 C (Ord. 03-55) ~ o ARTICLE 3- DEVELOPMENT REQUIREMENTS LDC Division LDC LDC Sub- UDC Chapter UDC Section Other Notes Section section 3.1. General 3.1.1. None This section Overview was not required or included in the UDC 3.1.2. Fees None This section was not required or included in the UDC 3;2. 3.2.1. Title None This section Subdivisions and Citation was not required or included in the UDC 3.2.2. Chapter 4 4.03.01 Purpose . 3.2.3. Chapter 1 1.04.01 Revised in Applicability Supp. 18 (Ord 04-08) 3.2.4. Chapter 1 & 1.04.03 - Exemptions Exceptions Chapter 10 10.02.02 B 3.2.4.10. 10.02.02 B 10. 3.2.4.10. was 1.to 4., not required 01 Rural Area included in the Subdivisio UDC n 3.2.4.11. . 10.02.02 B 11. 3.2.4.11. was 1.to 4., not required 0 Chokolosk included in the ee Island UDC Subdivisio n 3.2.5. 3.2.5.1. Chapter 1 1.04.01 General Requirement s 3.2.5.2. Chapter 1 1.04.01 3.2.5.3. Chapter 4 4.03.02 3.2.5.4. Chapter 10 10.02.06 A.2. ~ ® 3.2.6. Sub- Chapter 10 - Revised il. division Supp. 18 (Ord review procs 04-08) 3.2.6.1. 10.02.01 A. 3.2.6.2. 10.02.04 A. 3.2.6.3. 10.02.05 A. 3.2.6.4. . 10.02.05 B. 3.2.6.5. 10.02.05 C. 3.2.7. Chapter 10 10.02.04 - Revised/made Preliminary Submittal optional in subdivision Requirements Supp. 18 (Ord plat for Plats 04-08 ) 3.2.8. 4.03.02, Revised in Improvement 4.04.01, Supp. 16 (Ord Plans 4.06.00 03-27) & 6.03.00 & Supp. 18 6.04.00 (Ord.04-08) 3.2.8.1. - Chapter 10 10.02.05- 3.2.8.2. 3.2.8.3.1. Chapter 10 10.02.05 - & 3.2.8.3.2. - 3.2.8.3.4. Chapter 4 4.06.01 3.2.8.3.5. Chapter 10 10.02.05 3.2.8.3.6. Chapter 4 4.06.04 3.2.8.3.7. - Chapter 10 10.02.05 3.2.8.3.10. 3.2.8.3.11. Chapter 10 10.02.05 & 3.2.8.3.12. - 3.2.8.3.13. Chapter 4 4.06.01 3.2.8.3.14. Chapter 2 2.01.04 3.2.8.3.15. Chapter 10 10.02.05 & 3.2.8.3.16. 3.2.8.3.17. Chapter 6 6.06.02 3.2.8.3.18. Chapter 10 & 10.02.05 E.3(n} and Chapter 4 4.06.01 C 3.2.8.3.19. Chapter 10 10.02.05 E.3 and 21 3.2.8.3.20 Chapter 6 6.06.03 & and 22. 6.06.05 - 3.2.8.3.23. Chapter 6 6.01.00 - ~ ® 3.2.8.3.24. Chapter 6 6.01.01 A 3.2.8.3.25. Chapter 6 6.04.01 3.2.8.3.26. Chapter 6 6.05.01 3.2.8.4. 3.2.8.4.1. - Chapter 6 6.05.02 Relocated into 13., Construction except Stds. Manual, 3.2.8.4.11. except as noted. 3.2.8.4.14. Chapter 6 6.06.02 D. NOTE:3.2.8.4. 14. revised in Supp. 16 (03- . 27). 3.2.8.4.15. Chapter 6 6.01.03 3.2.8.4.16.; Construction Streets Standards Manual Revised in Supp. 17 (03- 55). 3.2.8.4.17. Chapters 6 6.06.03 - Streetlights & . and 10 10.02.12 A 3.2.8.4.18. Chapter 10 10.02.05 E.3.(r) 3.2.8.4.19. Chapter 6 6.01.01 . 3.2.8.4.20. None Construction - Standards 3.2.8.4.22.; Manual except 3.2.8.4.22, Ch'apter 10 10.02.05 E.4 paragraph 11 3.2.8.4.23. Chapter 6 6.04.01 3.2.8.4.24. Chapter 6 6.04.02 3.2.8.4.25. Chapter 4 4.06.05 E.3 3.2.8.4.26. Chapter 4 4.06.05 E.4 3.2.9. Final Chapter 10 10.02.04 Revised in subdivision Supp. 18 (Ord plat 04-08 ) 3.3. Chapter 10 Revised in Site Supps. 16 Development 10.02.03 - (Ords. 03-27), Plans Submittal Supp. 17 (03- Requirements 55), and 18 for SOP's (04-08) ~ ® 3.3.1. - This secb,-.. not required 01 included in the UDC 3.4. Relocated to Explosives Code of Laws Ord.; Ch 55, A I., ss. 55-1 - 5! 18 3.5. 3.5.1. - 15.; Relocated to Excavation Code of Laws Ord.; ss. 22-1C except - 22-119 3.5.11.; Chapter 3 3.05.10 NOTE: Revise Littoral Shelf in Supp. 16 Planting (Ord. 03-27) Area and Supp. 18 (Ord. 04-08) 3.6. Relocated to Well Code of Laws Construction Ord.; ss. 90-1 90-8. - 3.7. 3.7.1. This sect Soil Erosion was not Control required or included in the UDC 3.7.2. This section was not required or included in the UDC 3.7.3. Chapter 10 10.02.02 3.8. Environ- Revised in mental Impact Supp. 18 (Ord Statements 04-08) 3.8.1. This section was not required or included in the UDC 3.8.2.- Chapter 10 10.02.02 3.8.11. ~ ® 3.9. Revised in Vegetation Supp. 18 (Ord Removal 04-08) 3.9.1. This section was not required or included in the UDC 3.9.2. Chapter 3 3.05.02 Exemptions 3.9.3. Chapter 3 3.05.02 Exemptions 3.9.4. -3.9.7 Chapter 3 3.05.07 Div. 3.9 Sectic Preservation numbering wa Standards greatly revisec in Cvcle 3, 20( 3.9.5. (prior Chapter 3 3.05.04 - Revised in to Cycle 3, Vegetation Supp. 16 (Ord 2003, then removal . . . 03-27) re-numbered thru 3.05.07 to 3.9.8. 3.9.5.5. 3.05.07 (3.9.4. after Cycle 3, 2003) 3.9.8. 3.9.8.1. Chapter 3 03.05.04 3.9.8.2. Chapter 3 03.05.05 3.9.8.3. Chapter 3 03.05.06 3.9.8.4. This section was not required or included in thE UDC 3.9.9. Chapter 3 3.05.08 - Requirement for Removal. . . 3.9.10. Chapter 1 0 10.02.06 C - (3.9.6. prior Submittal to Cycle 3, Requirements 2003) for Permits I 3.9.10.2. Chapter 10 10.02.06 D ® ì}Ñ 3.9.11.; ss.3.9.12. Chapter 1 0 10.02.06 E - - numbered & 13, were Submittal ss. 3.9.6.8. created in Requirements and 3.9.6.9. Cycle 3 & for Permits prior to 3rd are in Cycle, 2003. Ch.10 3.10. 3.10.1. This section Sea Turtle was not Protection required or included in the UDC 3.10.2. - Chapter 3 3.04.02 -- 3.10.5. Species... 3.10.6. Chapter 3 3.04.02 8.6 3.10.7. Chapter 3 3.04.02 3.10.8. This section (reserved) was not required or included in the UDC 3.10.9. Chapter 10 10.02.06. C 3.10.10. This sect; , was not required or included in the UDC 3.11. Chapter 3 3.04.00 - Revised in Endangered, Protection of Supp. 18 (Ord Threatened . Endangered, 04-08 ) or... Threatened. . . 3.11.3.2. & Deleted in Cye 3.11.3.3. 3,2003 3.11.3.4. Chapter 3 3.04.02 - Species Specific.. . 3.12. 3.12.1. & These section Coastal Zone 3.12.4. were not Management required or included in the UDC 3.12.2. Chapter 3 3.03.01 - Purpose 3.12.3. Chapter 3 3.03.02 - Applicability - ~ (@ ® ,- 3.12.5. Chapter 3 3.03.02 - . Applicability 3.12.5.1. Chapter 10 Cross- Revised in referenced in Supp. 18 (Ord. 3.03.04 04-08) 3.12.5.2. Chapter 10 Revised in Supp. 18 (Ord. 04-08) 3.12.5.3. Chapter 3 3.03.05 - Sea . Level Rise 3.12.5.4. Chapter 3 3.03.06 - Native Vegetation. . . 3.12.6. Chapter 3 3.03.07 - Undeveloped Coastal Barriers 3.12.8. Chapter 3 3.03.07 - Undeveloped Coastal Barriers 3.12.7. & These section~ 3.12.9. were not required or included in the UDC 3.13. 3.13.1 This section Coastal was not Construction required or Setback included in the . UDC. 3.13.2. ':" Chapter 9 9.04.06 - Variances and 3.13.7. Specific Administrative Requirements procedures for Variance chapter 3.13.8 & Chapter 10 10.02.06 A - 3.13.8. revisec 3.13.9 Submittal in Supp. 18 Requirements (Ord. 04-13) . for Permits 3.14. Vehicle Chapter 10 10.02.06 I. Revised in on the Beach Supp. 16 (Ord Regulations 03-27) ttt @ 3.15. - Revised iI. Adequate Supp. 18 (Ord Public 04-08) Facilities 3.15.1. This section was not required or included in the UDC 3.15.2. Chapter 6 6.02.01 3.15.3. Chapter 6 6.02.01 D 3.15.4.; This section reserved was not included in the UDC 3.15.5 & Chapter 6 6.02.01 - 3.15.6. Generally & 6.02.02 - Management . 3.15.7. Chapter 10 10.02.07 3.16 3.16.1 3.16.1.1. - These sub- Groundwater 3.16.1.3. sections \ ~e Protection not requil ~... 01 included in the UDC 3.16.1.4. & Chapter 3 3.06.01 - 3.16.1.5. Purpose and Intent 3.16.2. 3.16.2.1. & Chapter 3 3.06.01 - 3.16.2.1.1. Purpose and Intent 3.16.2.1.2. Chapter 3 Throughout Ch.3 3.16.2.1.3. Chapter 3 3.06.04 - Groundwater Protection 3.16.2.2. & Chapter 3 3.06.05 - 3.16.2.3. Annual Review of Zones 3.16.2.4. Chapter 3 3.06.06 - 3.06.08 ~ ® 3.16.2.5. Chapter 3 3.06.09 - Protection of Future Wellfields 3.16.2.6. Chapter 3 3.06.10 - Effects of... 3.16.3. Chapter 3 3.06.11 - Exem pted Development 3.16.4. Chapter 3 3.06.12 - Regulated Development 3.16.5. Chapter 3 3.06.13 - Countywide Groundwater 3.16.6. Chapter 10 10.04.01 (8) - Determination of Completeness 3.16.7. Chapter 10 10.02.06 (F) - Submittal Requirements for Permits 3.16.8. Chapter 10 10.04.08 - Modifications to Pending Applications 3.16.9. Chapter 10 10.02.02 (E) - Submittal Requirements for All... 3.16.10. . Chapter 10 10.04.11 - Public Hearings 3.16.11. Chapter 3 3.06.09 - Protection of F utu re Wellfields 3.16.12. 3.16.12.1 Chapter 1 1.08.00 3.16.12.2 Chapter 1 1.03.02 3.16.13. - Chapter 10 10.01.04 - Administrative 3.16.17. Deter. of procedures Completeness chapter (j§) (is) p¡\' - 3.17. Relocatec. .J Post-Disaster Code of Laws Recovery & Ord.; ss. 38-1 Re- 38-12. construction Manaqement ~ ® LDC Division LDC Section LDC Sub- UDC UDC Other Notes section Chapter Section 4.1.-4.7. These provisions are located in Chapter 74 of the Code of Laws & Ordinances, .and therefore, are not required to be, and are not, located in the UDC. ARTICLE 4 - IMPACT FEES ARTICLE 5 - DECISION-MAKING AND ADMINISTRATIVE BODIES LDC Division LDC LDC UDC UDC Other Notes Section Sub- Chapter Section section 5.1. Board of County Chapter 8 8.02.00 - Commissioners BOCC 5.2. Planning Chapter 8 8.03.00 - Commission CCPC 5.3. Board of Zoning Chapter 8 8.04.00 - Appeals BZA 5.4. Building Board of Chapter 8' 8.05.00 - Revised in Adjustment and BOAA Supp. 16 (Ord. Appeals 03-27) 5.5. & 5.6.; 5.8. ; & These Divisions 5.10. - 5.12. were not Reserved required or included in the UDC 5.7. County Manager 5.7.1. This Section was not required or included in the UDC ® 5.7.2. 5.7.2.1. This Section was not required or included in the UDC, except for 5.7.2.1., relocated to Sec. 2-78 (a) (4), of the Code of Laws & Ords. 5.9. CD&ES Division Chapter 8 8.09.00 - CD&ES 5.13. Environmental Chapter 8 8.06.00 - Advisory Council EAC 5.14. Historical/ Chapter 8 8.07.00 - Archaeological HAPS Preservation Board LDC Division LDC LDC Sub- UDC UDC Other Notes I Section section Chapter Section 6.1. Rules of Chapter 1 1.03.00 Construction Rules of Construction 6.2. Chapter 1 1.08.00. A. Revised in Abbreviations Supp. 18 (Ord. 04-08) 6.3. Definitions Chapter 1 1.08.00. B. Revised in all three Supps. (16, 17, and 18). ARTICLE 6 - DEFINITIONS ® ¥'\ LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Kim Hadley (consultant) DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: Various LDC SECTION: Various LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Cleaning up various typographical errors. REASON: See above. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 9:31 a.m. This version was created on December 9, 2004 at Amend the LDC as follows: 2.03.05 Open Space Zoning District A. Golf Course District "GC'. The purpose and intent of "GC" district is to provide lands for golf courses and normal accessory uses to golf courses, including certain uses of a commercial nature. The 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 GMP. B. Conservation District "CON". The purpose and intent of the conservation district "CON" is to conserve, protect, and maintain vital natural resource lands within unincorporated Collier County that are owned primarily by the public. All native habitats possess ecological and physical characteristics that justify attempts to maintain these important natural resources. Barrier 6q) $) Islands, coastal bays, wetlands, and habitat for listed species deserve particular attention because of their ecological value and their sensitivity to perturbation. All proposals for development in the CON district must be subject to rigorous review to ensure that the impacts of the . development do not destroy or unacceptably degrade the inherent functional values. The CON district includes such public lands as Everglades National Park, Big Cypress National Preserve, Florida Panther National Wildlife Refuge, portions of the Big Cypress Area of Critical State Concern, Fakahatchee Strand State Preserve, Collier-Seminole State Park, Rookery Bay National Estuarine Sanctuary Research Reserve, Delnor- Wiggins State Park, and the National Audubon's Corkscrew Swamp Sanctuary (privately owned), and C.R.E.W. It is the intent of the CON district to require review of all development proposed within the CON district to ensure that the inherent value of the County's natural resources is not destroyed or unacceptably altered. The CON district corresponds to and implements the conservation land use designation on the future land use map of the Collier County GMP. 1. Allowable uses. The following uses are allowed in the CON District. a. Uses permitted as of right. * * * * * * * * * * * * * (9) The following essential services: (a) Private wells and septic tanks necessary to serve uses identified in 1 through 8 above. (b) Utility lines necessary to serve uses identified in 1 through 8 above, with the exception of sewer lines. (c) Sewer lines and lift stations if all of the following criteria are satisfied: 1. Such sewer lines or lift stations shall not be located in any NRP A Lands in the CON district; 11. Such sewer lines or lift stations shall be located within. already cleared portions of existing rights-or- way or easements; and 111. Such sewer lines or lift stations are necessary to serve a central sewer system that provides service to Urban Areas; or to the Rural Transition Water and Sewer District, as delineated on the Urban-Rural Fringe Transition Zone Overlay Map in the Future Land Use Element of the GMP. * * * * * * * * * * * * * ® 2.03.08 Eastern LandsIRural Fringe Zoning Districts * * * * * * * * * * * * * :e.: B. Rural villages. Rural villages, including rural villages within the NBMO, may be approved within the boundaries ofRFMU receiving lands, subject to the following: * * * * * * * * * * * * * (3) Density. A rural village shall have a minimum density of2.0 units per gross acre and a maximum density of 3.0 units per acre, except that the minimum density with a NBMO rural village shall be 1.5 units per gross acre. Those densities shall be achieved as follows: (a) Base density. A base density of 0.2 dwelling units per acre (1.0 dwelling units per five acres) for lands within the rural village, and the land area designated as a greenbelt surrounding the rural village, is granted by right for allocation within the designated rural village. (b) Minimum density. For each TDR credit for use in a rural village, one bonus credit shall be granted, up to the minimum gross density of 2.0 units per acre outside ofthe NBMO and 1.5 units per acre within the NBMO. (c) Maximum density. A developer may achieve a density exceeding the minimum required density, up to a maximum of3.0 units per acre, through the following means: .1. TDR credits; 11. An additional density bonus 0.3 units per acre for the additional preservation of native vegetation as set forth in Chapter 4 section 3.05.07 E.;. 111. An additional density bonus of 0.3 units per acre for additional wetlands mitigation as set forth in Chapter 4 section 3.05.07 F.; and/or IV. An additional density bonus of 0.5 units per acre for each Affordable or workforce housing unit. (JG) (ß) * * * * * * * * * * * * * 2.05.02 Density Blending * * * * * * * * * * * * * B. Conditions and limitations. * * * * * * * * * * * * * 3. Properties straddling the Immokalee urban area and the RLSA district. Density and Intensity Blending between properties straddling the Immokalee Urban Area and the RLSA District shall be permitted, subject to all of the following conditions and limitations: a. The project in aggregate must be a minimum of 200 acres in size. b. The lands from which density and/or blending are shifted must be within the Immokalee Urban Area must be designated Recreational/Tourist District. c. The lands within the Immokalee Urban Area from which density and/or intensity are shifted must have a FWCCS FLUCFCS Code designation of Group 1 or Group 2 and an Index Value of greater than 1.2, both as indicated on the Natural Resource Index. d. Density and/or intensity may only be shifted from the lands within the Immokalee Urban Area containing the Index Value (as measured above), on an acre per acre basis, to lands within an SRA having an Index Value of 1.2 or less. e. Lands from which the density and/or intensity has been shifted, shall be placed in a conservation easement in perpetuity. * * * * * * * * * * * * * 2.06.01 Generally ® A. Within most of the coastal urban designated areas identified on the future land use map of the Collier County GMP, a base density of four (4) residential dwelling units per gross acre is permitted. However, the base density may be adjusted depending on the characteristics of the development. One characteristic of a housing development which would allow the addition of density bonuses in order to increase the density over the base density is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight (8) dwelling units per gross acre to the base density of four (4) residential dwelling units per gross acre, for a total of twelve (12) residential dwelling units per gross acre, plus any other density bonuses available, and minus any density reduction for traffic congestion area required, pursuant to the collier county ~ GMP. The total eligible density must not exceed a total of sixteen (16) dwelling units per gross acre, except as allowed through use of transfer of development rights, as provided for in the growth management plan. The program to accomplish this increase to provide affordable housing is called the affordable housing density Bonus (ADRB) program. B. Within most of the Immokalee Urban area, as identified on the Immokalee area master plan future land use map of the growth management plan, base densities are four or six or eight residential dwelling units per gross acre. However, the base density may be adjusted depending on the characteristics of the development. One characteristic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight dwelling units per gross acre to the base density of four, six or eight residential dwelling units per gross acre, for a total of twelve, fourteen or sixteen residential dwelling units per gross acre, plus any other density bonuses available. The total eligible density must not exceed a total of 16 dwelling units per gross acre. C. Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as identified on the future lãnd use map of the growth management plan, towns, villages, hamlets and compact rural developments are allowed at· a density range otone-halfto four dwelling units per gross acre. The allowed density may be adjusted depending on the characteristics of the development. One characteristic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight dwelling units per gross acre to the allowed density of one-half to four dwelling units per gross acre, for a total of eight and one-half to twelve and one-half residential dwelling units per gross acre, plus any other density bonuses available. B:- D. In order to qualify for the AHDB for a development, the developer must apply for and obtain the AHDB from the County for a development in accordance with this section, especially in accordance with the provisions of the AHDB program, including the AHDB rating system, the AHDB monitoring program, and the limitations on the AHDB. 1. Preapplication conference. Prior to submitting an application for AHDB, a preapplication conference may be scheduled with the County Manager or his designee. If the proposed development is to include affordable housing, the housing and urban improvement director must participate in the preapplication @ conference. The preapplication conference provides an opportunity to familiarize the applicant with the AHDB program and provides an opportunity for the county staff to obtain a clear understanding of the proposed development. The AHDB rating system, the AHDB monitoring program, the limitations, criteria, procedures, standard conditions, standard forms, and other information will be discussed and made available to the applicant. Depending on the type of development proposed, the application may be combined with an application for a planned unit development (PUD), a rezone, or a Stewardship Receiving Area. 2. Application. An application for AHDB for a development must be submitted to the County Manager or his designee in the form established by the County Manager or his designee. One additional copy of the application as otherwise required must be provided for the housing and urban improvement director. The application must, at a minimum, include: a. Zoning districts proposed by the applicant on the property and acreage of each; b. The total number of residential dwelling units in the proposed development, categorized by number of bedrooms and whether the unit is to be rented or owner-occupied; c. The total number of AHDB units requested, categorized by number of bedrooms and whether the unit is to be rented or owner-occupied; d. Total number of affordable housing units proposed in the development categorized by level of income, number of bedrooms, and rental units and owner-occupied units: 1. Moderate income households (one bedroom, two bedrooms, or three bedrooms or more). 11. Low income households (one bedroom, two bedrooms, or three bedrooms or more). 111. Very low income households (one bedroom, two bedrooms, or three bedrooms or more). IV. Total affordable housing units (one bedroom, two bedrooms, or three bedrooms or more). e. Gross density of the proposed development; f. Whether the AHDB is requested in conjunction with an application for a planned unit development (PUD), an application for rezoning, or an application for a Stewardship Receiving Area; and @ g. Any other information which would reasonably be needed to address the request for AHDB for the development pursuant to the requirements set forth in this section. 3. Determination of completeness. After receipt of an application for AHDB, the housing and urban improvement director shall determine whether the application submitted is complete. Ifhe determines that the application is not complete, the housing and urban improvement director shall notify the applicant in writing of the deficiencies. The housing and urban improvement director shall take no further steps to process the application until the deficiencies have been remedied. 4. Review and recommendation by the housing and urban improvement director. After receipt of a completed application for AHDB, the housing and mban improT{emønt direetor County Manager or designee must review and evaluate the application in light of the AHDB rating system, the AHDB monitoring program and the requirements of this diT{ision section. The housing and urban improyøment direotor County Manag:er or designee must coordinate with the development services director to schedule the AHDB application with the companion application for rezoning, planned unit development or stewardship receiving area, and must recommend to the planning commission and the board of county oommissionørs BCC to deny, grant, or grant with conditions, the AHDB application. The recommendation of the housing and urban improT{ement director County Manager or designee must include a report in support of his recommendation. 5. Review and recommendation by the planning commission. Upon receipt by the planning commission of the application for AHDB and the written recommendation and report of the housing and urban improvement director County Manag:er or designee, the planning commission must schedule and hold a properly advertised and duly noticed public hearing onthe application. If the application has been submitted in conjunction with an application for a PUD, then the hearing must be consolidated and made a part of the public hearing on the application for the PUD before the planning commission, and the planning commission must consider the application for AHDB in conjunction with the application for the PUD. If the application has been submitted in conjunction with an application for a rezoning, then the hearing must be consolidated and made a part of the public hearing on the application for rezoning before the planning commission, and the planning commission must consider the application for AHDB in conjunction with the application for rezoning. If the application has been submitted in conjunction with an application for a stewardship receiving area, then the hearing must be consolidated and made a part of the public hearing on the application for stewardship receiving area before the planning commission, and the planning commission must consider the application for AHDB in conjunction with the application for stewardship receiving area. After the close of the public hearing, the planning commission must review and evaluate the ® application in light of the requirements of this diyision section and the requirements for a rezoning, PUD rezoning, or stewardship receiving area, as applicable, and must recommend to the board of oounty oommissioners BCC that the application be denied, granted or granted with conditions. 6. Review and determination by board of county commissioners. Upon receipt by the board of oounty commissionors BCC of the application for AHDB and the written recommendation and report of the housing and urban improyement director County Manag:er or designee and recommendation of the planning commission, the board of ool.:HRy oommissioners BCC must schedule and hold a properly advertised and duly noticed public hearing on the application. If the application has been submitted in conjunction with an application for a planned unit development (PUD), then the hearing must be consolidated and made a part of the public hearing on the application for the planned unit development (PUD) before the board of oounty commissioners BCC, and the board of county commissioners BCC must consider the application for AHDB in conjunction with the application for the planned unit development (PUD). If the application has been submitted in conjunction with an application for a rezoning, then the hearing must be consolidated and made a part ofthe public hearing on the application for rezoning before the board of county oommissioners BCC, and the board of county commissioners BCC must consider the application for AHDB in conjunction with the application for rezoning. If the application has been submitted in conjunction with an application for a stewardship receiving area, then the hearing must be consolidated and made a part of the public hearing on the application for stewardship receiving area before the board of oounty commissioners BCC, and board of county oommissioners BCC must consider the application for AHDB in conjunction with the application for stewardship receiving area. After the close of the public hearing, the board of county oommissioners BCC must review and evaluate the application in light of the requirements of this di':ision section and the requirements for a rezoning, and must deny, grant, or grant with conditions, the application in accordance with the AHDB rating system and the AHDB monitoring program. G: E. The procedures to request approval of a density bonus are described in Chapter 10 of this LDC, along with requirements for the developer's agreement to ensure compliance. * * * * * * * * * * * * * 3.04.02 Species Specific Requirements * * * * * * * * * * * * * On property where the wildlife survey establishes that listed species are utilizing the site ® or where the site is capable of supporting listed species and such listed species can be anticipated to potentially occupy the site, the County shall, consistent with the GMP, consider and utilize recommendations and letters oftechnical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the U.S. Fish and Wildlife Service in issuing development orders. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained herein and any such change shall be deemed to be consistent with this Code. The following specific species management and protection plans shall be applicable, in addition to those required by other provision in this section 3.04.00: A. Gopher Tortoise (Gopherus polyphemus). I. All gopher tortoises, their habitats, and the associated commensals are hereby protected. 2. It is expressly prohibited to take, which means to harass, harm, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in any such conduct, any gopher tortoise, and to alter, destroy, or degrade the functions and values of their natural habitat, unless otherwise provided for in this section. 3. All gopher tortoise burrows are protected, and it is prohibited to intentionally destroy or take any such burrow by any means, unless otherwise provided for in this section. * * * * * * * * * * * * * 11. When identifying the native vegetation preservation requirement of section 3.05.00.3.05.07 of this LDC for parcels containing gopher tortoises, priority shall be given to protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off-site adjacent gopher tortoises' preserves. All gopher tortoise preserves shall be platted with protective covenants, as required by this section and section 10.02.04 3.05.07 H. of this LDC or, if the project is not platted, shall provide such language on the approved site development plan. It shall be a priority to preserve scrub habitat, when it exists on-site, for its rare unique qualities and for being one of the most endangered habitats in the County, regardless of whether gopher tortoises are relocated off-site. 12. Gopher tortoises shall be removed from all active and inactive burrows located within the area of construction prior to any site improvement, in accordance with the protection/management plan approved by County Manager or designee. 13. Exemptions. Single family platted lots, seven and one-half acres or less in ® size, shall be exempt from the requirements set forth in subsections 5 through 11 above, when these lots are not a part of a previous development which has been required to comply with subsections 5 through 11. However, gopher tortoises shall be protected pursuant to .f-4 1-3 above. B. Sea Turtle Protection. 1. The purpose of this section is to protect the threatened and endangered sea turtles that nest along the beaches of the County, 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. 2. The requirements of this section apply when new development or lighting associated with !!.Œ development is located within three hundred (300) feet of mean high water; when parking lots, dune walkovers, or other outdoor lighting is proposed; and when reflective surfaces that will be illuminated by outdoor lighting will be visible from the beach. * * * * * * * * * * * * * 3. For existing development, existing structures with any light sources, or reflective surfaces illuminated by such sources, that are visible rrom the beach, shall be in compliance with the following: a. 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, shall not be visible from the beach. b. Lights illuminating dune crosswalks shall be turned off after 9:00 p.m. between May 1 and October 31 of each year, and must be modified to conform to the requirements for new development in accordance with section 3.01.03(B) of this section. section 3.04.02 B.2. c. Security and emergency exit lighting shall follow the same requirements stated in section 3.01.03(C)(1) of this section item a. listed above. Ifhigh 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, shall not be visible from the beach. @ 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation * * * * * * * * * * * * * C. Agricultural exemption. Agricultural operations that fall within the scope of sections 163.3162(4) and 823.14(6), Florida Statutes, are exempt from the provisions of section 3.05.00 3.05.03 throug:h 3.05.09, provided that any new clearing ofland for agriculture outside of the RLSA District shall not be converted to non-agricultural development for 25 years, unless the applicable provisions set forth in section 3.05.003.05.04 through 3.05.07 (G) are adhered to at the time of the conversion. The percentage of native vegetation preserved shall be calculated on the amount of vegetation occurring at the time ofthe agricultural clearing, and if found to be deficient, a native plant community shall be restored to 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. D. Pre-existing uses. Exemptions from the requirements of section 3.05.00 3.05.07.F through 3.05.09 shall not apply to, affect or limit the continuation of uses within the RFMUD which existed existing prior to June 19,2002. 1. Such existing uses shall include: those uses for which all required permits were issued prior to June 19 2002; or projects for which a conditional use or Rezone petition has been approved by the County prior to June 19,2002; or, land use petitions for which a completed application has been submitted and which have been determined to be vested from the requirements of the Final Order prior to June 19,2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. 2. Such previously approved development shall be deemed to be consistent with the GMP Goals, Policies and Objectives for the RFMU district, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the GMP Goals, Objectives and Policies for the RFMU district as long as they do not result in an increase in development density or intensity. E. Exempt mangrove alteration projects. 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, unless they are a part of a preserve. This exemption shall not apply to mangrove alterations or removal in any preserve or in any area where the mangroves have been retained in satisfaction of section 3.05.07. The Collier County Environmental Advisory Council (EAC) may grant a variance to the provisions of this section if compliance with the mangrove tree preservation standards of this Division section would impose a unique and unnecessary hardship on the owner or any other person in control of affected property:-Mangrove trimming or removal for a view shall not be considered a hardship. Relief shall be granted only upon demonstration by the ® landowner or affected party that such hardship is peculiar to the affected property and not self- imposed, and that the grant ofa variance will be consistent with the intent of this division section and the growth management plan. * * * * * * * * * * * * * 4.05.04 Parking Space Requirements A. Requirements for off-street parking for uses not specifically mentioned in this division section shall be the same as for the use most similar to the one sought, or as otherwise determined by the County Manager or designee pursuant to 4.05.04 of this LDC it being the intent of this LDC to require all uses to provide off-street parking, unless specific provision is made to the contrary. * * * * * * * * * * * * 4.06.01 Generally A. Purpose and Intent. * * * * * * * * * * * * * * 2. Buffering and Screening. The purpose and intent of establishing landscape buffering and screening is to: * * * * * * * * * * * * * J. Promote water conservation by encouraging the use of native and drought- tolerant vegetation and properly zoned irrigation systems throllgh xenscape. k. In order to minimize negative effects between adjacent land uses, this division section promotes the llse of landscape buffers and screens to eliminate or minimize potential nuisances such as dirt, litter, noise, lights, unsightly buildings and structures, and off-street parking and loading areas. Additionally, buffers and screens provide spacing and landscaping to reduce potentially adverse impacts of noise, odor, or lighting. buffering refers to a strip ofland separating adjacent land uses, whereas screening refers to fences, walls, berms, trees, shrubs, or a combination of these screening devices on the buffer strip. * * * * * * * * * * * * * ® 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights-of-Way A. Applicability. The provisions of this section shall apply to all new off-street parking or other vehicular use areas. Existing landscaping which does not comply with the provisions of this Code shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered or expanded except for restriping oflots/drives, the building square footage is changed, or the structure has been vacant for a period of 90 days or more and a request for an occupational license to resume business is made. These provisions shall apply to all developments with the exception of single-family, two-family, mobile home dwelling unit, and dwellings on individually platted lots. Any appeal ±rom an administrative determination relating to these regulations shall be to the board of zoning appeals or equivalent. Prior to issuing occupancy permits for new construction, implementation and completion of landscaping requirements in off-street vehicular facilities shall be required.· Where a conflict exists between the strict application ofthis di~.'ision Chapter/section and the requirements for the number of off- street parking spaces or area of off-street loading facilities, the requirements ofthis section shall apply. B. Standards for landscaping in vehicular use areas. * * * * * * * * * * * * * 8. Green space required in shopping centers and freestanding retail establishments with a floor area greater than 40,000 square feet. An area that is at least seven percent of the size of the vehicular use areas must be developed as green space within the front yard(s) or courtyards of shopping centers and retail establishments and must be in addition to the building perimeter planting area requirements. The courtyards must only be located in areas that are likely to be used by pedestrians visiting the shopping center and retail establishment. The seven percent green space area must be in addition to other landscaping requirements of this division section, may be used to meet the open space requirements (section 4.02.01), and must be labeled "Green Space" on all subdivision and site plans. (Refer to section 5.05.08, Architectural and Site Design Standards and Guidelines for Commercial buildings and Projects.) The interior landscape requirements of these projects must be reduced to an amount equal to five percent of the vehicular use area on site. Green space must be considered areas designed for environmental, scenic or noncommercial recreation purposes and must be pedestrian-friendly and aesthetically appealing. Green space may only include the following: lawns, mulch, decorative plantings, nonprohibited exotic trees, walkways within the interior of the green space area not used for shopping, fountains, manmade watercourses (but not water retention areas), wooded areas, park benches, site lighting, sculptures, gazebos, and any other similar items that the planning service director deems appropriate. Green space must include: walkways within the interior of the green space area not used for shopping, a minimum of one foot of park bench per 1,000 square feet of building area. The green space area must use existing trees where possible and @ @ landscaping credits will be allowed as governed by table 4.06.04 D. The green space areas must be located in areas that are in close proximity to the retail shopping area. Benches may also be located in interior landscaped areas and 75 percent of the benches may be located adjacent to the building envelope along paths, walkways and within arcades or malls. * * * * * * * * * * * * * 4.06.05 General Landscaping Requirements * * C. * * * * * * * * Plant Material Standards. * * * * * * * * * * * * * * * * 1. Quality. Plant materials used to meet the requirements of this section shall meet the standards for Florida No.1 or better, as set out in Grades and Standards for Nursery Plants, part I and part II, Department of Agricultural, State of Florida (as amended). Root ball sizes on all transplanted plant materials shall also meet state standards. a. At least 75 percent of the trees and 50 percent of the shrubs used to fulfill these requirements shall be native Southern Floridian species, as determined by accepted valid scientific reference. For sites that are north and east of U.S. Highway 41, at least 35 percent of the shrubs used to fulfill these requirements shall be native Floridian species, as determined by accepted valid scientific reference. "Native Trees and Shrubs for Collier County List" is available for reference. For proposed land development projects on coastal shorelines and/or undeveloped and developed coastal barrier islands, all required landscaping shall be 100 percent native Southern Floridian species. b. In addition, for all sites, at least 75 percent of the trees and shrubs used to fulfill these requirements shall be drought-tolerant species as listed in the Xeriscape Plant Guide and Native Trees and Trees for South Florida (IF AS). Reference to be used in the native determination may include, but not be limited to: Long, R.W., and O. Lakela, 1976. A Flora of Tropical Florida. Small, J.K., 1933. A Manual of the Southeastern Flora. Wunderlin, R.P., 1982. Guide to the Vascular Plants of Central Florida. ® c. Where xeric plants are to be utilized, use the South Florida Water Management District, Xeriscape Plant Guide (as amended) as a reference. 2. Trees and palms. All required new individual trees, shall be species having an average mature spread or crown of greater than 20 feet in the Collier County area and having trunk(s) which can be maintained in a clean condition over five feet of clear wood. Trees adjacent to walkways, bike paths and rights-of-way shall be maintained in a clean condition over eight feet of clear wood. Trees having an average mature spread or crown less than 20 feet may be substituted by grouping the same so as to create the equivalent of20-foot crown spread. For code-required trees, the trees at the time of installation shall be a minimum of 25 gallon, ten feet in height, have a 1 3/4-inch caliper (at 12 inches above the ground) and a four-foot spread. a. A grouping of three palm trees will be the equivalent of one canopy tree. Exceptions will be made for Roystonea spp. and Phoenix spp. (not including roebelenii) which shall count one palm for one canopy tree. Palms may be substituted for up to 30 percent of required canopy trees with the following exceptions. No more than 30% of canopy trees maybe substituted by palms (or palm equivalent) within the interior of a vehicular use area and within each individual Type D road right-of-way landscape buffer. Palms must have a minimum of ten feet of clear trunk at planting. b. All new trees, including palms, shall be of a species having an average mature height of 15 feet or greater. * * * * * * * * * * * * * 8. Site-specific plant material. Trees and other vegetation shall be planted in soil and climatic conditions which are appropriate for their growth habits. The County Manager or his designee shall review and approve land plans based on the following criteria. Required plants used in the landscape design shall be: a. Appropriate to the conditions in which they are to be planted (including drought, salt and cold tolerance). b. c. d. * * Have noninvasive growth habits. Encourage low maintenance. Be otherwise consistent with the intent of this dh'ision section. * * * * * * * * * * * K. Irrigation system requirements. ® 1. Cultivated landscapes. Cultivated landscape areas shall be provided with an automatic irrigation system to improve the survivability of the required landscaping. Sprinkler heads irrigating lawns or other high water demand areas shall be zoned separately from those irrigating trees, shrubbery, ground cover, flowers, or other reduced water requirement areas. Automatically controlled irrigation systems shall be operated by an irrigation controller that is capable of watering "high water" requirement areas at different frequencies and duration than "low water requirement areas. Landscaping shall be watered on an as-needed basis only. Irrigation systems shall be designed for the zoning of high and low water use areas. Heads shall be designed for 100 percent head-to-head coverage unless specified by the manufacturer. These requirements may be adjusted for retention areas. The irrigation system shall be designed and installed in accordance with the Florida Irrigation Society, Standards and Specifications for Turf and Landscape Irrigation Systems (as amended). Irrigation systems utilizing well water shall be designed and maintained in a manner which eliminates staining of the building, walks, walls, and other site improvements. All systems shall be designed to eliminate the application of water to impervious areas. Irrigation systems, other than drip or soaker hose systems, shall be operated between the hours of midnight and 10:00 a.m., unless the operation of multiple zones requires additional time. South Florida Water Management District (SFWMD) or other utility company water use restrictions shall supersede these requirements. There are no operational requirements for irrigation systems utilizing effluent. All new residential, commercial, and industrial developments shall be irrigated by the use of an automatic irrigation system with controller set to apply water in a manner consistent with this division section. Moisture detection devices shall be installed in all automatic sprinkler systems to override the sprinkler activation mechanism during periods of increased rainfall. Where existing irrigation systems are modified requiring the acquisition of a permit, automatic activation systems and overriding moisture detection devices shall be installed in compliance with this section. . * * * * * * * * * * * * * 4.08.00 RURAL LANDS STEWARDSIDP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES 4.08.01 Specific Definitions Applicable to the RLSA District * * * * * * * * * * * * * ® M. Land Use - Land Cover Indices. One of the indices comprising the Natural Resource Index Value ofland, with values assigned based upon land use and land cover characteristics as mapped using the Florida Land Use, Cover, and Forms Classification System (FillCCS FLUCFCS) (FDOT 1999). For purposes of assigning values, land use and land cover codes are grouped as follows: Group 1 (Codes 617, 6172, 621, 6218, 6219, 624, 630, 641, 643); Group 2 (Codes 321,411,4119,425,434,439,428); Group 3 (211,212,213,214,221,222,241,242, 243,250,260,261,310,329,330,422,510,521,523,533, 534); and Group 4 (all others). * * * * * * * * * * * * * P. Listed Species Habitat Indices. One of the indices comprising the Natural Resource Index Value, with values assigned based upon the habitat value of the land for listed species. Index values are based on documentation of occupied habitat as established by the intersect of documented and verifiable observations oflisted species with land cover identified as preferred or tolerated habitat for that species. Land mapped, using FLUCC£ FLUCFCS, as 310, 321,411, 425,428,434,617,6172,621,6218,6219,624, and 630 is deemed to be preferred or tolerated habitat for panthers for the purpose of assigning a value for these indices. An intersection of at least one data point establishing the presence of a listed species within a geographic information system (GIS) polygon of preferred or tolerated habitat for that species shall result in the entire polygon being scored as occupied habitat. * * * * * * * * * * * * * 4.08.06 SSA Designation Lands within the RLSA District may be designated as SSAs subject to the following regulations: . A. Lands Within the RLSA District that can be Designated as SSAs. Any privately held land within the RLSA District delineated on the RLSA Overlay Map as FSA, HSA, WRA, Restoration, or Open, may be designated as an SSA, including lands within the ACSC. * * * * * * * * * * * * * 3. EISA Delineated Lands. a. In the case where lands delineated as HSA are designated as an SSA, at a minimum, Residential Land Uses (Layer 1), as listed in the Matrix, shall be eliminated. b. General conditional uses, Earth Mining and Processing Uses, and Recreational Uses shall be allowed only onHSA lands with a Natural Resource Stewardship Index value of 1.2 or less. c. In addition to the requirements imposed in the LDC for approval of a conditional use, uses listed in b. above will only be approved ® upon submittal of an EIS which demonstrates that clearing of native vegetation has been minimized, the use will not significantly and adversely impact listed species and their habitats and the use will not significantly and adversely impact aquifers. This demonstration shall be made by establishing the following: * * * * * * * * * * * * * (3) Buffering to Conservation Land shall comply with Section 4.08.07 J.6..f4.:. * * * * * * * * * * * * * C. SSA Designation' Application Package. A request to designate lands(s) within the RLSA District as an SSA shall be made pursuant to the regulations of this Section. An SSA Application Package shall include the following: * * * * * * * * * * * * * 4. Support Documentation. In addition, the following support documentation shall be provided for each SSA being designated: * * * * * * * * * * * * * f. FDOT Florida Land Use Cover and Forms Classification System (FLUCCS FLUCFCS) map(s) delineating the area being designated as an SSA on an aerial photograph having a scale of one (1) inch equal to at least 200 feet when available from the County, otherwise, a scale of at least one (1) inch equal to 400 feet is acceptable; * * * * * * * * * * * * * 7. Recording of SSA Memorandum. Following approval by the County, an SSA Memorandum shall be prepared and recorded in the public records, together with the following portions or exhibits ofthe SSA Credit Agreement as attachments: a. The legal description of the lands subject to the SSA Credit . Agreement and the number of SSA Credits assigned to the land designated as SSA, including lands designated for restoration, if any, and the Restoration Credits assigned to such land; b. The Stewardship easement Agreement on the SSA lands, describing the land uses remaining on the land; ® c. A summary of the Restoration Plan, if restoration is to be undertaken by the applicant, to include the elements set forth in Section 4.08.04 C.5 4.08.06 C.5. * * * * * * * * * * * * * D. SRA Designation Application Package. A Designation Application Package to support a request to designate land( s) within the RLSA District as an SRA shall be made pursuant to the regulations of the RLSA District Regulations. The SRA Application Package shall include the follow: * * * * * * * * * * * * * 4. Natural Resource Index Assessment Support Documentation. Documentation to support the Natural Resource Index Assessment shall be provided for each SRA being designated to include: * * * * * * * * * * * * * £ FWCCS FLUCFCS map(s) delineating the area being designated as an SRA; * * * * * * * * * * * * 4.08.08 Baseline Standards * * * * * * * * * * * * * * C' H. Standards applicable to wetlands outside of FSAS, HSAS, WRAS, and the ACSC. Wetlands located outside ofFSAs, HSAs, WRAs, and the ACSC shall be preserved in accord with the following criteria: , * * * * * * * * * * * * * 5. All direct impacts shall be mitigated for as required by applicable federal or state agencies and in the same manner as set forth in section 4.06.01 3.05.07 F. of this Code. 6. Single family residences shall follow the requirements contained within Policy 6.2.7 of the Conser.'a.tion and Coastal Management Element section 3.05.07 D.5. * * * * * * * * * * * * * ® 5.04.06 Annual Beach Events Permit A. The owner of beach-front commercial hotel-resort property shall apply for an annual beach events permit. The County Manager or his designee, or his designee, may grant the permit following review of an application for such permit. The application shall be submitted on the form prescribed by Collier County together with the applicable fee for the number of planned annual beach events as indicated on the permit form and exhibits thereto. Permits issued pursuant to this section are not intended to authorize any violation ofF.S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. * * * * * * * * * * * * * E. Sea turtle nesting season. Annual beach events which occur during sea turtle nesting season (May I st through October 31 st of each year) are also subject to the following regulations: * * * * * * * * * * * * * 4. Use of vehicles on the beach is prohibited, except as may be permitted under the Code of LawsofCollisr County section 10.02.061. * * * * * * * * * * * * * 9. A copy of all notices required by any permit or these regulations must also be provided by the permit holder to Collier County Natural Resources Department the County Manag:er or designee. Note: When a state permit is more restrictive than the Code requirements, the State requirements shall supersede, and the county shall enforce these requirements. * * * * * * * * * * * * * 8.06.00 ENVIRONMENTAL ADVISORY COUNCIL 8.06.01 Establishment There is hereby established an Environmental Advisory Council ("ECl...." "EAC") wffieh. The EAC obtains its jurisdiction, powers, and limits of authority from the BCC, and pursuant to this LDC, shall act in an advisory capacity to the BCC in matters dealing with the regulation, control, management, use, or exploitation of any or all natural resources of or within the County, and the review and evaluation of specific zoning and development petitions and their impact on those resources. ® * *. * * * * * * * * * * * 8.09.02 Jurisdiction, Authority and Duties In addition to the jurisdiction, authority and duties which may be conferred upon the community development and environmental services administrator by other provisions of the county Code of Collier County or the county manager, the community development and environmental services administrator shall have the following jurisdiction, authority and duties: A. To provide the board of county commissioners, the Development Services Advisory Committee, planning commission, the board of zoning appeals, the building board of adjustments and appeals, the code enforcement board, and the contractors' licensing board, with reports and recommendations with respect to matters before such bodies as directed by the board of county commissioners or the county manager. B. To administer and manage the Planning Services, Pollution Control, Natural Resources, Environmental Services, Building Review and Permitting, Code Enforcement and housing and urban improvement departments, and oversee the preparation of the budget for each. C. For the purposes of this code the phrases Development Services Director, Growth Management Director, Code Compliance Director, Growth Planning Director and Planning Services Director, shall mean the Community Development and . Environmental Services Administrator, or his designee. * * * * * * * * * * * * * 9.04.06 Specific Requirements for Variance to the Coastal Construction Setback Line * * * * * * * * * * * * * G. Proèedures for obtaining variance. 1. A written petition requesting a variance rrom the established setbàck line shall be filed with the board of county commissioners BCC or their designee. The petition shall set forth: a. A description of petitioner's property to include the information requested on a current Collier County request for a coastal construction setback line variance form; b. A description of the established setback line and the line which petitioner wishes to be varied; ® c. The justification upon which the petitioner relies for the granting of the variance, to include compliance with the Collier County growth management plan, conservation and coastal management element. 2. Notice and public hearing for coastal construction setback line variances. An application for coastal construction setback line (CCSL) variance shall be considered by the board of coUÐty commissioners BCC pursuant to the following public notice and hearing requirements. a. The applicant shall post a sign at least 45 days prior to the date of the public hearing by the board of county commissioners BCC. The sign shall contain substantially the following language and the sign copy shall utilize the total area of the sign: PUBLIC HEARING REQUESTING CCSL VARIANCE APPROVAL (both to contain the following information: ) TO PERMIT: (Sufficiently clear to describe the type of variance requested). DATE: TIME: TO BE HELD IN BOARD OF COUNTY COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. b. The area of a property sign shall be as follows: 1. For a property less than one acre in size, the sign shall measure at least one and one-half square feet in area. 11. For a property one acre or more in size, the sign shall measure at least 32 square feet in area. c. In the case of a sign located on a property less than one acre in size, such sign shall be erected by the County Manager or his designee in full view of the public on each street side of the subject property and on the side of the property visible rrom the beach. Where the property for which approval is sought is landlocked or for some other reason a sign cannot be posted directly on the subject property, then the sign shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. ® d. In the case of sign(s) located on a property one acre or more in size, the applicant shall be responsible for erecting the required sign(s). The sign(s) shall be erected in full view of the public on each street upon which the subject property has frontage and on the side of the property visible from the beach. Where the subject property is landlocked, or for some other reason the sign(s) cannot be posted directly on the property, then the sign(s) shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. There shall be at least one sign on each external boundary which fronts upon a street, however, in the case of external boundaries along a street with greater frontages than 1,320 linear feet, signs shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of signs along an exterior boundary fronting on a street exceed four signs. The applicant shall provide evidence to the p1annmg services department County Manager or designee that the sign(s) were erected by furnishing photographs of the sign(s) showing the date of their erection at least ten days prior to the scheduled public hearing by the board of county oommissioners BCC. The sign(s) shall remain in place until the date of either of the following occurrences: 1. Final action is taken by the bOlH'd of county commissioners BCC or 2. The receipt of a written request by the planning servio~s depa.rtn1ent director County Manager or designee from the applicant to either withdraw or continue the petition indefinitely. e. Notice of the time and place of the public hearing by the board of oounty con:urnssioners BCC shall be advertised in a newspaper of general circulation in the county at least one time and at least 15 days prior to the public hearing. Where applicable, the notice shall clearly describe the proposed variance. The advertisement shall also include a location map that identifies the approximate geographic location of the subject property. f. The board of county commissioners BCC shall hold one advertised public hearing on the proposed variance and may, upon the conclusion ofthe hearing, immediately adopt the resolution approving the variance 3. The board of county commissioners BCC shall notify petitioner in writing of its decision within 15 days of the public hearing. 4. Any person aggrieved by a decision of the board of county commissioners BCC 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 BCC. Review in the circuit court shall be by petition for a writ of certiorari and shall be governed by the Florida Appellate Rules. ® * * * * * * * * * * * * * H. Exemptions. Exemptions shall be reviewed administratively for compliance with applicable county codes, and shall not be heard by the boæ-d of county oommissioners BCC. Exemptions to this section 9.04.06 shall include: 1. The removal of any plant defined as exotic vegetation by county code. 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 foundation 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. 3. Any structures, that: 1) do not constitute fixed structure(s), 2) do not require a building permit, 3) weigh less than 100 pounds, and 4) upon review by the County Manager or his designee or his designees, is determined to does not present an actual or potential threat to the beach and the dune system and adjacent properties are exempt from the variance requirements of this division section. This exemption shall not be effective during sea turtle nesting season (May 1--0ctober 31) unless the structures are removed daily from the beach prior to 9:30 p.m. and are not moved onto, or placed on, the beach before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit (daily sea turtle monitoring), or unless the beach furniture is being actively used or attended during the period of time from 9:30 pm until the next day's monitoring. Exemptions allowed under this provision are not intended to authorize any violation of F .S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. * * * * * * * * * * * * * 10.02.02 Submittal Requirements for All Applications A. Environmental impact statements * * * * * * * * * * * * * 4. Information required for application. * * * * * * * * * * * * * d. Native vegetation preservation. ©) 1. Identify the acreage and community type of all upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Provide a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). 11. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Chapters 4 J. and 10 of the Land Development Code. Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact, per FLUCFCS category. 111. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Management Plan and Chapters 4 J. and 10 of the Land Development Code. For sites cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and Land Development Code. * * * * * * * * * * * * * 10.02.03 Submittal Requirements for Site Development Plans A. Generally. * * * * * * * * * * * * * 3. Exemptions. Due to its location or minimal impact on surrounding properties and probable minimal impacts under the site development plan review standard contained in section 10.02.03 AA., standard application requirements as described in section 10.02.03 A., may be waived in part or in full by the County Manager or his designee for agriculturally related development as identified in the permitted and accessory uses section ofthe rural agricultural zoning district; however, a site improvement plan as required by section 10.02.03 B. addressing the application requirèments deemed necessary by the County Manager or his designee shall be ® submitted to the planning department for review and approval. * * * * * * * * * * * * * b. The expedited site plan for school board review, as referenced in section 10.02.03 A.3.a. of the Land Development Code, will consist of the following areas of review: * * * * IV. * * * * * * * * * Environmental regulations for compliance with the Collier County GMP Conservation and Coastal Management Element in effect at the time a SBR Letter of Compliance is requested shall apply as follows: (a) On a site by site basis, County Staffwill determine the necessity for an environmental impact statement (tiErS") to be submitted. (b) The final SFWMD Environmental Resource Permit and all other agency permits for wetlands must be submitted prior to a determination that the SBR application is sufficient for reVIew. (c) Submission of Protected Species Surveys and, if needed, wildlife management plans in accordance with the code and the GMP in effect at the time of the issuance of the SBR Letter of Compliance along with United States Fish and Wildlife Service (tlUSFWS tI) and the Florida Fish and Wildlife Conservation Commission (tlFFWCC") agency permits. (d) A site clearing plan must be submitted that shows the native vegetation areas to be preserved and identifies the upland/wetlands preserve or protected species preserves. (e) The GMP and LDC section 3.05.07 requires schools to provide a set percentage for native vegetation preservation in the Rural Fringe and the Rural Lands. The School Board must comply with the set percentages of native vegetation preservation. * * * * * * * * * * * * * B. Final Site development plan procedure and requirements ® A pre-application meeting shall be conducted by the County Manager or his designee, or his/her designee, prior to· the submission of any site development or site improvement plan for review. This meeting may be waived by the County Manager or his designee upon the request of the applicant. 1. Site development plan submittal packet: The site development submittal packet shall include the following, if applicable: * * * * * * * * * * * * * d. Vegetation inventory: A generalized vegetation inventory of the property shall be required to the extent necessary, as determined at the pre- application meeting, indicating the approximate location, densities and species of the following: 1. Upland, wetland and estuarine vegetation including prohibited exotic vegetation, mapped using PWCCS FLUCFCS terminology. 11. Any type of vegetation identified for preservation. 111. Projects containing the following shall provide a survey of identifying species and locations on a current aerial photograph at a scale of one inch equals 200 feet or larger or superimposed on the site plan: (a) Plants specified to remain in place or to be transplanted to other locations on the property as specified in the applicable development order. (b) Specimen trees designated by the board of county commissioners BCC, pursuant to section 10.02.06 D.1.f.iii.(b) 3.05.09. * * * * * * * * * * * * * 10.02.06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for @ that particular permit, as more specifically stated below. * * * * * * * * * * * * * * * * * * 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [ or] building permit is inconsistent with the growth management plan. Anything in this di~¡ision section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. * D. * * * * * * * * Agricultural land clearing. * * * * * * * * * * * * * * * 2. Land clearing notice. No later than 60 days prior vegetation removal as part of agricultural operations that fall within the scope of sections 163.3162(4) or 823 .14( 6), Florida Statutes, the property owner shall provide notice to the environmental services director County Manager or designee that the removal will occur. Said notice shall include the following information: * E. * * * * * * * * * * Enforcement and penalties. * * * * * * * * * * * * * 2. Restoration standards. If an alleged violation of this Code has occurred and upon agreement between the County Manager or his designee 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: * * * * * * * * * * * * c. The understory vegetation shall be restored to the area from which protected trees wer,' ~ removed. The selection of plants shall be CB) * * based on the characteristics of the Florida Land Use, Covers and Form Classifications System (FWCC8 FLUCFCS) code. Shrubs, ground cover, and grasses shall be restored as delineated in the FWCC8 FLUCFCS code. The species utilized shall be with relative proportions characteristic of those in the FWCC8 FLUCFCS 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 County Manager or his designee. * * * * * * * * * * * 3. Corrective measures for environmental violations. * * a. Mitigation. 1. The person(s) responsible for violations of the environmental sections of the Lan~ development Code shall be notified according to section 8.08.00 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. 11. Mitigation shall restore the area disturbed unless the responsible party demonstrates that off-site mitigation will successfully offset the impacts being mitigated for. Off-site mitigation shall be on lands ooder 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. 111. The selection of plants to be used shall be based on the characteristics of the Florida Land Use, Covers and Forms Classification System (FWCC8 FLUCFCS) Code. The exact number and type of species required may vary depending on the existing indigenous vegetation found at the site. * * * * * * * * * * * * c. Site-specific review criteria. * * * * * * * * * * * * ® VI. A program to control prohibited exotic vegetation (section 3.05.G-7 @ in the mitigation area shall be required. * * * * * * * * * * * * * F. Wellfield conditional use permit and standards. * * * * * * * * * * * * * 5. Administrative review of wellfield conditional use permit petition. a. The county manager shall review the petition for wellfield conditional use permit for compliance with sections 3.06.12 and 3.06.13 of this division section in the same procedural manner as for a certificate to operate. * * 1. * * * * * * * * * * Vehicle on the beach regulations. * * * * * * * * * * * * * * 2. 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 10.02.061.3 below. a. Sheriff, city, state and federal police, emergency services, and the Florida Fish and Wildlife Conservation 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 section. b. 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 stationary, except to access and egress the beach, shall be exempt from the provisions of this division section if a permit has been obtained from the environmental services department 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 environmental services department 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, environmental 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 environmental services department director if the environmental services department 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. c. Baby buggies (perambulators), toy vehicles, toy wagons, wheelchairs or similar devices to aid disabled or non-ambulatory persons shall be exempt from the provisions of this division section. d. Vehicle-on-the-beach permits issued in conjunction with special or annual beàch events, in conjunction with permanent concession facilities, or for other routine functions associated with permitted uses of commercial hotel property. Vehicles which are used in conjunction with functions on the beach, are exempt from the provisions of this diyision section if a vehicle- on the-beach permit has been granted by the enyironmental servioes director or his designee County Manager or designee. All permits issued are subject to the following conditions and limitations: * * * * * * * * * * * * 3. Operation of vehicles on the beach during marine turtle nesting season. The operation of motorized vehicles, including but not limited to self-propelled, wheeled, tracked, or belted conveyances, is prohibited on coastal beaches above mean high water during sea turtle nesting season, May 1. to October 31, of each year, except for purposes of law enforcement, emergency, or conservation of sea turtles, unless such vehicles have a valid permit issued pursuant to this diyision section. Permits issued pursuant to this di~lÏsion section are not intended to authorize any violation ofF.S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. a. All vehicle use on the beach during sea turtle nesting season, May 1 to October 31, of each year must not begin before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit. 4. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, violations of this division section are subject to the following penalties: * * * * * * * * * * * * * ® 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy C. Certificate of public facility adequacy. 1. General. * * * * * * * * * * * * * d. Estimated transportation impact fees for a development shall be paid into the applicable impact fee trust fund in the amount estimated to be due upon issuance of the final local development order(s) for the development upon or prior to issuance of a certificate of public facility adequacy for the development. Developments that have paid estimated impact fees for all Category "A" facilities prior to the [effective date of this section's amendment], and which elect to come under the provisions of this section may make payment of estimated impact fees into the applicable transportation impact fee trust fund such that previously paid estimates may be applied as a credit towards the impact fees calculated and due as a prerequisite to the issuance of the final local development order(s) for the development. If the developer does not elect to come under the provisions of this division section, impact fees paid into the impact fee escrow trust fund prior to [the effective date of this section's amendment] shall be refundable upon written request to the Community development and Environmental Services Division Administrator accompanied by the surrender of the original certificate of public facility adequacy obtained prior to issuance of final local development order(s) for the development. Fees paid into applicable impact fee trust accounts as a prerequisite to the issuance of final local development order(s) prior to the [effective date of this section's amendment] in accordance with the applicable consolidated impact fee ordinances shall be refundable pursuant to the provisions of such ordinances upon written request to the Finance Director, Clerk of Courts. * * * * * * * * * * * * * 10.02.14 Landscape Plans A. Landscape plan required. Prior to the issuance of any preliminary subdivision plat, final site development plan, or building permit, an applicant whose development is covered by the requirements of this section must submit a landscape plan to the County Manager or his designee. The landscape plan must bear the seal of a Landscape Architect registered in the © State of Florida. The landscaping required for single-family, two family, and mobile home dwelling units must be shown on the building permit plot plan. This plan is not required to bear the seal of a landscape architect. * * * * * * * * * * * * >Ie 1. Public educational facilities and Plant, ancillary plant, and auxiliary facility. Essential services including Collier County Public Schools (CCPS)/public Educational and ancillary plants, and other public facility projects developed jointly with CCPS may demonstrate that the intent of this division section can be effectively accomplished without meeting specific development standards. The applicant must request an administrative review of the alternative design, as outlined in paragraph (a) below. The deviations are limited to quantity of plant material and the School district must demonstrate that the deviation is necessary as a result of an educational program or joint use of the school site with another public facility or use. a. Procedure. In addition to the base submittal requirements, applicants shall clearly label the plan submitted as an "Alternative Landscape Code Plan". This plan shall reference the deviations on the plan. An applicant must submit a narrative description identifying the code development standards required by this section which will be addressed through the alternative approach. The County Manager or his designee will administratively review submittal documents for consistency with the intent of this division section. If the plan is approved through this provision, the approved deviations must be specifically noted and the basis of the approval must be stated within the site development plan approval letter. Deviations approved will be applicable only to the specific design and plan reviewed. Modifications of an approved design will void the deviation request and require resubmittal to planning services staff for re- evaluation of the request in the context of the amended design and plan. b. Exemption. An administrative deviation is not required for specific standards relating to placement of plant materials if the intent of the Code can nonetheless be carried out without meeting these standards. The intent of the division section can be demonstrated by detailing a specific health, safety, or welfare concern as defined by SREF or as may be unique to a specific site or educational program that would override the need to provide plant materials. A copy of SREF, as may be amended, is available in the records room in the Community Development and Environmental Services Division building. * * * * * * * * * * * * * (ß) CONDITIONAL USES PROCEDURES * * * * * * * * * * * * * 1. Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat (formerly subdivision master plan) or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of division 3.3 section 10.02.03, site development plan approval, as applicable, and all other zoning requirements. * * * * * * * * * * * * * APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS * * * * * * * * * * * * * 10. Annual beach events which occur during Sea Turtle Nesting Season (May 1st through October 31st of each year) are also subject to the following regulations: A. All required Florida Department of Environmental Protection (FDEP) Field Permits, shall be obtained and a copy furnished to Collier County prior to the time of the scheduled event as set forth in section 5.04.06. B. Consistent with section 10.02.06 15.04.06, no structure set up, or beach raking, or mechanical cleaning activity for any particular Beach Event shall not commence until after monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit has been completed. C. Prior to all scheduled beach events, every beach event permit holder is required to rope off (or otherwise identify with a physical barrier) an area with no less than a IS-foot radius around each sea turtle nest that has been identified and marked on a beach, unless a greater distance is required by an applicable State permit. D. Use of vehicles on the beach is prohibited, except as maybe permitted under section 10.02.06 I 5.04.06. E. 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S S·- <I) §.g 11) ~ cu ~ cJj .~ :.:::= ¡:¡,.~ &15:: CI) ~< s g ..c >. ..c 11) 11)...... ~"'â1 ::::::I: 11) '" '" ~ © Ifi .... <I) = Q.c LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: David Weeks/Russell Webb DEPARTMENT: Comprehensive Planning AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC2:62,67 LDC SECTION: Section 2.03.08 LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: The first change is to update the name of the Florida Game and Freshwater Fish Commission. Second, removing the reference to the Eastern Lands in the subject heading/title of this section. REASON: The reason for the fIrst change is that the agency is no longer referred to by that name. The reason for the second change is that nothing in Section 2.03.08 pertains to the Eastern Lands. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 11:18 a.m. This version was created on November 24, 2004 at Amend the LDC as follows: 2.03.08 EasteFR LaRElslRural Fringe Zoning Districts A. Rural Fringe Mixed-Use District (RFMU district). * * * * * * * * * * * * * 2. RFMU receiving lands. RFMU receiving lands are those lands within the (i) (r\ * * RFMU district that have been identified as being most appropriate for development and to which residential development units may be transferred from RFMU sending lands. Based on the evaluation of available data, RFMU receiving lands have a lesser degree of environmental or listed species habitat value than RFMU sending lands and generally have been disturbed through development or previous or existing agricultural operations. Various incentives are employed to direct development into RFMU receiving lands and away from RFMU sending lands, thereby maximizing native vegetation and habitat preservation and restoration. Such incentives include, but are not limited to: the TDR process; clustered development; density bonus incentives; and, provisions for central sewer and water. Within RFMU receiving lands, the following standards shall apply, except as noted in section 2.03.08 A.I. above, or as more specifically provided in an applicable PUD. a. Outside rural villages. * * * * * * * * * * * * (3) Allowable Uses. (a) Uses Permitted as of Right. The following uses are permitted as of right, or as uses accessory to permitted uses: 1. Agricultural activities, including, but riot limited to: Crop raIsmg; horticulture; fruit and nut production; forestry; groves; nurseries; ranching; beekeeping; poultry and egg production; milk production; livestock raising, and aquaculture for native specIes subject to the State of Florida Game and Freshwater Fish Commission Fish and Wildlife Conservation Commission permits. Owning, maintaining or operating any facility or part thereof for the following purposes is prohibited: * * * * * * * * * * * * ® © LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Thomas E. Kuck, P.E., John Houldsworth DEPARTMENT: Engineering Services AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC4:62 LDC SECTION: Section 4.03.02 LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Add sentence clarifying platting requirement REASON: The platting requirement is currently assumed but is not specifically stated. This amendment provides clarification. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Chapter 177, Florida Statutes GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 2:15 p.m. This version was created on December 15, 2004 at Amend the LDC as follows: 4.03.02 Applicability It shall be unlawful for any person to transfer, sell, or otherwise convey, to sell any land by reference to, exhibition of, or other use of, a plat of a subdivision of such land without having submitted a final subdivision plat of such land for approval to the BCC as required by this section and without having recorded the approved final subdivision plat as required by this section. Anv division of land meeting the definition of subdivision which is not otherwise exempt bv this section shall require the filing: of a subdivision plat in accordance with the requirements of Section 10.02.04 of this code. ® @ LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Kim Hadley (consultant) DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 - LDC PAGE: LDC4:113 LDC SECTION: Section 4.06.05 C.12. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: to 10.02.06 E.3.c. Deleting Section 4.06.05 C.12. and replacing with only a cross-reference REASON: This language IS also contained In section 10.02.06 and IS more appropriately located in that section. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: LDC section 10.02.06 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESIVERSION DATE: 5:42 p.m. This version was created on November 29, 2004 at Note that a search should be peiformed of the entire LDe and qny referel1çes to, . t,6,~se s~cti()l1 Yl,7!lnberS shou~d be modWeq açcordingly ~ased on this change. _..--"_'A·'·"'''~,;f,·".. .,~. -, ",- "...,,"~, ;..~ ~,:..' :,,-, - ;c:, 0>. "~"";:.'~:, -.,.Mt.: .." ... .. ~:,,'+ .... ,., ., ."._"". _, '" ,'," _..~" _'., ,_, : :..,_ _"" "_'~.': . "'",, .: _, :..,_:,''''.:.. _ ... Amend the LDC as follows: 4.06.05 General Landscaping Requirements * * * * * * * * * * * * * C. Plant Material Standards. * * * * * * * * * * * * * @ © 12. For a description of plants utilized for mitigation. please see Section 10.02.06 E.3.c. 12. Pta7'lts 'lXscdfor }'{itigstio7'l according to the pr<Jce&wrcs sct owt in Chapters if a1'ld !(). a. .^.JI plants used for mitigation shall be native Florida species. b. :\.11 plants used f{)r mitigation shall be from a legal souroe and be graded Florida No. 1 or better, as graded by the Florida Department of .^~grioulture and Conswnør Servioes' Grades and Sta:ndm-ds for Nursery Plants (Charles S. Bu~h, 1973, Part 1 and 2). :\Il plants not listed in Grades and Standards for Nursery Plants shall oonform to a Florida No.1 as to: (1) health and vitality, (2) condition of f{)liage, (3) root system, (1) freedom from pest or meohanioal damage, (5) heavilybranohed and densely foliated aooording to the aooepted normal shapes of the species or sport. Trees shall be a minimum of 11 feet tall at the time of planting and shall have a minimwn dbh (diameter at 1nea5ìt height) of three inches. c. The plants proposed for planting must be temperature tolerant to the areas they are to be planted in. The South Florida V,r ater Management Distriot's Xerisoape Plant Guide II shall be used in determining the temperature toleranoes of the plants. d. The existing soil types shall be identified. Plants proposed f{)r planting shall be oompatible with the soil type. The 1951 or the 1992 soil surley of Collier County shall be used to determine if the plants proposed for planting are oompatible '.vith the ex.isting or proposed soil types. e. The souroe and method of proTáding 'Nater to the plants shall be indicated on the plan and subject to review and approval. f. .^~ program to control prahibited exøtie vegetation in the mitigation area shall be required. @ © LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Keith Scamehom Urban Design Planner úl~ DEPARTMENT: Zoning and Land Development Review LDC SECTION: 5.05.08.C.4.b.i ,.) AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: To be determined LDC SUPPLEMENT #: CHANGE: Cross out the existing text and have just the new text fì r width requirement for the massing variation of recesses and projections for 5.05.08.C.a previously referred to in 5.05.08.C.4.b.i. REASON: Clarification. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: This version was created on March 31, 2005 Amend the LDC as follows: i. For buildings exceeding 5,000 square feet in gross building area, any façade with horizontal length exceeding 50 linear feet must incorporate wall plane projections or recesses having depth of at least three feet, with a single '.vall pllli1e limited to no more than throe feet, with a single wall p1anc limited to no more than 60 percent of each affected façade. Buildings subiect to the proiections or recesses depths required by 5.05.08.C.4.a must not have a single wall plane exceeding 60 percent of each facade. -r' & \~~'O'"¡tJA . (\. ,t"" "iiI » .,. . " ~ÌJ! , '. ./""") i.·~. .~ .... R~ r::~~ ",·i , fil~'P ~¡.>\~ \ t·¡ , :~ "f .~'.' , ","I' '. (f) LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1,2005 LDC PAGE: LDC5: . LDCSECTION: 5.06.01 - Generally (Signs) LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Adding a cross-reference to 10.02.06 B. (Building Permits) REASON: Provide direction to the reader as to where the building permit provisions are in the Code. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: LDC section 10.02.06 B. GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 3:53 p.m. This version was created on October 28, 2004 at Amend the LDC as follows: 5.06.00 SIGNS 5.06.01 Generally * * * * * * * * * * * * * B. Signage Table The following table is intended to provide a graphic representation of the various permitted residential and commercial signs, but may not encompass all of the requirements for those signs. For the specific regulations, please see the appropriate subsections throughout this section of the code. P&~& 1 oj 3@ © z '- o ->- ê~ 0.... 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" " 0 .9-"5 .~ .~ a.. :JO Q) Q) 0 cncn .8.9 :J :J «« "C c::: Q) Q) ~~ 1:1:: e 0 -.::: ¢::¢:: 0)0) cri . '<t~ ...... .,... EB ......0 NO ...... ...... L- a 13 ~ o ü a> 0> 19 c: o .::: - -- o LO .,... ¢:: ~= c" rn o o .,... c" c" en rn 00 00 ...... ...... o .,... 00 ...... .,... C\/ .,... CX) to o to NtO (1)...... C\/ C\/N LDC Amendment Reauest ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDCPAGE: LDC6:4 LDC SECTION: Section 6.01.02 C. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: This provision is contained in the code twice and therefore this needs to be deleted with a cross-reference. REASON: The second occurrence (10.02.04 B.1.) reflects more current, adopted language and therefore should remain. In addition, this seems to be the proper location for the language. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 10.02.04 B.1. of the LDC GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESIVERSION DATE: 12:13 p.m. This version was created on November 9, 2004 at Amend the LDC as follows: 6.01.02 Easements If applicable, easements shall be provided along lot lines or along the alignment of the improvements requiring easements in accordance with all design requirements so as to provide for proper access to, and construction and maintenance of, the improvements. All such easements shall be properly identified on the preliminary subdivision plat and dedicated on the final subdivision plat. * * * * * * * * * * * * * @ © c. Protected/preserve area and easements. A nonexolusive easemeBt or traot in fayor of the County, '.'lithout any maintenanoe obligation, shall be provided f-or all "protected/preserve" areas required to be designated on the preliminary and fInal subdivisioB pla-ts. .^...ny buildable let or pareel subject to or abuttiag a proteoted/preserve area required to be designated on the preliminary and [mal subdhisioa plats shall have a minimum twenty five (25) foot setback from the boundary of such protected/preser¡e MOO. in which no prinoiple structure may be oonstructed. Further, the preliminary and final subài".'isioB plats shall require that no alteratioa, including accessory structures, fill placement, grading, plant alteratioa or removal, or similM acti'lity shall be permitted v:ithin suoh setback area '.vithout the prior vmtten oonsent of the County Manager or designee; provided, in no event shall these aotivities bo pennitted in suoh setback area váthin ten (10) feot ofthe proteoted/preserve Mea boundary, unless the a.bove setbacks are aooomplished tlHough bufferiag pmsuant to section 1.06.00. For provisions related to protected/preserve area and easements. see section 10.02.04 B.1. of this code. ® © LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Kim Hadley (consultant) DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDC9:15 & 10:103-104 LDC SECTION: Sections 9.04.06 F. and 10.02.06 H. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Moving the provision from the CCSL Variance section of the Code to the CCSL permit section. REASON: CCSL permit. Beach renourishment does not require a variance, but instead requires a FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESNERSION DATE: 5:27 p.m. This version was created on December 1, 2004 at Amend the LDC as follows: 9.04.06 Specific Requirements for Variance to the Coastal Construction Setback Line * * * * * * * * * * * * * F. Certain activities that may temporarily alter ground elevations such as artifioial beaeh nourishment projects, exoavation or maintenance dredging of inlet ohannels maybe permitted seaward of the coastal construction setbaek liRe if said actiYity is in oomplianoe v;ith the Collier County GMP and reoeives Federal and State agency approvals. Until such time as the fee schedule can be amended, the fee shall be $<100.00 for these beaeh nourishment permits. @ © 10.02.06 Submittal Requirements for Permits * * * * * * * * * * * * * H. Coastal Construction Setback Line 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. 1. Construction of a dune walkover when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. a. A maximum width of six feet. b. A minimum separation of 200 feet between walkovers when two or more walkovers are proposed on a single parcel. 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 Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. a. Sand used must be compatible in color and grain size to existing sand subject to FDEP requirements. b. Plants utilized shall be 100 percent native coastal species. c. Restoration plans shall be designed by an individual with expertise in the area of environmental sciences, natural resource management or landscape architecture. Academic credentials shall be a bachelors or higher degree. Professional 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. 3. Certain activities that may temporarily alter ground elevations such as artificial beach nourishment proiects, 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 GMP and receives Federal and State agency approvals. Until such time as the fee schedule can be amended, the fee shall be $400.00 for these beach nourishment permits. @ © ~ 4. Penalty and civil remedies. a. Penalty for a violation of section 9.04.06. Notwithstanding the penalties set forth elsewhere in this Code, the following violations of section 9.04.06 H., which occur during sea turtle nesting season: 1. Setting up of any structures, prior to daily sea turtle monitoring, 2) failing to remove all structures from the beach by 9:30 p.m., or 3) failing to have lights, so required, turned offby 9:00 pm., are subject to the following penalties: First violation: Up to $1,000.00 fine. Second violation: $2,500.00 fine. Third or more violation: $5,000.00 fme. 11. Beach front property owners who leave beach furniture unattended on the beach between 9:30 pm and the time of the next day's sea turtle monitoring, are subject to the following penalties: First violation: Written notice of ordinance violation. Second violation: Up to $1,000.00 fine. Third violation: $2,500.00 fine. More than three violations: $5,000.00 fme. © LDC Amendment Request ORIGIN: Community Development and Environmental Services Division AUTHOR: Russell Webb/Kim Hadley (consultant) DEPARTMENT: Zoning and Land Development Review AMENDMENT CYCLE # OR DATE: Cycle 1, 2005 LDC PAGE: LDCI0:12 LDC SECTION: Section 10.02.02 A.9. LDC SUPPLEMENT #: Original LDC recodification (04-41) CHANGE: Adding language clarifying that the Appeals process applies to only EIS Issues. REASON: The current language creates confusion as it seems to suggest that the appeals process applies to all sections ofthe Code when they in fact only apply to EIS submittals. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: LDC Section 8.06.00 GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTESIVERSION DATE: 11:05 a.m. This version was created on December 1, 2004 at Amend the LDC as follows: 10.02.02 Submittal Requirements for Ail Applications A. Environmental impact statements * * * * * * * * * * * * * 9. Appeals. a. Any person aggrieved by the decision of the County Manager or his designee regarding EIS procedures or submittals (i.e. - this section ofthe C® © Code) any seetion of this Code may file a written request for appeal, not later than ten days after said decision, with the EAC ønviromnøntal advisory board or their successor organization. b. The EAC enviromnental ad~;isory board will notify the aggrieved person and the County Manager or his designee 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. c. The appeal will be heard by the EAC enviroBffiental B:d~lÏsory ÐOai'd within 60 days of the submission of the appeal. d. Ten days prior to the hearing the aggrieved person shall submit to the EAC ønTlironmental ad~lisory board and to the County Manager or his designee copies of the data and information he intends to use in his appeal. e. Upon conclusion of the hearing the EAC en.....i.ronmental advisory bOai'd will submit to the BCC board of eoUÐty eommissioners their facts, findings and recommendations. f. The BCC board of CO'l:1flty oQmmissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the County Manager or his designee in light of the recommendations of the EAC enyireænental advisory bOai'd. (2) 1 ORDINANCE NO. 05- 2 3 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS 5 OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE 6 NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND 7 DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE 8 LAND REGULATIONS FOR THE UNINCORPORATED AREA OF 9 COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION 10 ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION 11 THREE, ADOPTION OF AMENDMENTS' TO THE LAND 12 DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE 13 FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING 14 SEC. 1.08.01 ABBREVIATIONS COA AND TIS, SEC. 1.08.02 15 DEFINITIONS FOR AFFORDABLE HOUSING, PERVIOUS 16 SURFACE, EXOTIC VEGETATION, KENNELING AND SHOPPING 17 CENTER; CHAPTER 2 - ZONING DISTRICTS AND USES, 18 INCLUDING, SEC. 2.03.00 ZONING DISTRICTS, SEC. 2.03.05 OPEN 19 SPACE ZONING, SEC. 2.03.08 EASTERN LANDS/RURAL FRINGE 20 AND RFMU RECEIVING LANDS, SEC. 2.05.02 DENSITY BLENDING, 21 SEC. 2.06.03. AHDB RATING SYSTEM, SEC. 2.07.00 TABLE OF 22 SETBACKS FOR BASE ZONING DISTRICTS; CHAPTER 3 - 23 RESOURCE PROTECTION, INCLUDING SEC. 3.03.06 NATIVE 24 VEGETATION RETENTION ON COASTAL BARRIERS, 3.04.02 25 SPECIES SPECIFIC REQUIREMENTS, SEC. 3.05.02 EXEMPTIONS 26 FROM REQUIREMENTS OF VEGETATION PROTECTION AND 27 PRESERVATION, SEC. 3.05.05 CRITERIA FOR REMOVAL OF 28 PROTECTED VEGETATION, SEC. 3.05.07 PRESERVATION 29 STANDARDS, SEC. 3.05.08. REQUIREMENT FOR REMOVAL OF 30 PROHIBITED EXOTIC VEGETATION, 3.06.06 REGULATED 31 WELLFIELDS INCLUDING MAPS; CHAPTER 4 - SITE DESIGN 32 STANDARDS, INCLUDING SEC. 4.02.01 DIMENSIONAL 33 STANDARDS FOR PRINCIPLE USES IN BASE ZONING DISTRICTS, 34 SEC. 4.02.23 SAME-DEVELOPMENT IN THE ACTIVITY CENTER #9 35 ZONING DISTRICT, SEC. 4.03.00 SUBDIVISION DESIGN AND 36 LAYOUT, SEC. 4.03.02 APPLICABILITY, SEC. 4.03.03 37 EXEMPTIONS, SEC. 4.05.00 OFF-STREET PARKING AND 38 LOADING, SEC. 4.05.04 PARKING SPACE REQUIREMENTS, SEC. 39 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION 40 RETENTION, SEC. 4.06.01 GENERALLY, 4.06.03 LANDSCAPING 41 REQUIREMENTS FOR VEHICULAR USE AREAS AND RIGHTS-OF- 42 WAY SEC. 4.06.04 TREES AND VEGETATION PROTECTION, SEC. 43 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SEC. 4.08.00 44 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY 45 DISTRICT STANDARDS, SEC. 4.08.05 LANDS WITHIN RLSA, SEC. 46 4.08.07 SRA DESIGNATION, SEC. 4.08.08 BASELINE STANDARDS 47 ; CHAPTER 5 - SUPPLEMENTAL STANDARDS, INCLUDING 48 SECTION 5.02.00 HOME OCCUPATIONS, SEC. 5.02.03 49 STANDARDS, SEC. 5.03.02 FENCES AND WALLS, SEC. 5.05.02 50 MARINAS, SEC. 5.05.08 ARCHITECTURAL STANDARDS FOR 51 COMMERCIAL BUILDINGS AND PROJECTS, SEC. 5.05.09 52 COMMUNICATION TOWERS DEVELOPMENT STANDARDS, SEC. 53 5.05.12 SPECIFIC STANDARDS FOR RAW WATER WELLS IN 54 COLLIER COUNTY,_SEC. 5.06.01 GENERALLY, SEC. 5.06.07 55 ENFORCEMENT AND PENALTIES; CHAPTER 6 56 INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC 57 FACILITIES REQUIREMENTS, INCLUDING SEC. 6.01.02 58 EASEMENTS, SEC. 6.06.01 STREET SYSTEM REQUIREMENTS; 59 CHAPTER 8 - DECISION-MAKING AND ADMINISTRATIVE BODIES, 60 INCLUDING SEC. 8.06.03 POWERS AND DUTIES OF THE 61 ENVIRONMENTAL ADVISORY COUNCIL; CHAPTER 9 - 62 VARIATIONS FROM CODE REQUIREMENTS INCLUDING, SEC. Page I of170 Words skuek tÐrel:lgÐ are deleted, words underlined are added 1 9.04.00 VARIANCES, SEC. 9.04.01 GENERALLY, SEC. 9.04.03 2 CRITERIA FOR VARIANCES, SEC. 9.04.06 REQUIREMENTS FOR 3 VARIANCE TO THE COASTAL CONSTRUCTION SETBACK LINE; 4 CHAPTER 10 - APPLICATION, REVIEW, AND DECISION-MAKING 5 PROCEDURES, INCLUDING, SEC. 10.02.02 SUBMITTAL 6 REQUIREMENTS FOR ALL APPLICATIONS, SEC. 10.02.03 7 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, 8 SEC. 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, 10.02.06 9 SUBMITTAL REQUIREMENTS FOR PERMITS, SEC. 10.02.07 10 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC 11 FACILITY ADEQUACY, SEC. 10.02.12 BUILDING OR LAND 12 ALTERATION PERMITS, SEC. 10.02.13 PUD PROCEDURES, SEC. 13 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS, SEC. 14 10.09.00 VARIANCE PROCEDURES; APPENDIX E ACCESS 15 MANAGEMENT PLAN MAPS, APPENDIX H LDC/UDC 16 COMPARATIVE TABLES, SECTION FOUR, CONFLICT AND 17 SEVERABILITY; SECTION FIVE, PUBLICATION AS THE COLLIER 18 COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, 19 EFFECTIVE DATE. 20 21 Recitals 22 23 WHEREAS, on October 30,1991, the Collier County Board of County 24 Commissioners adopted Ordinance No. 91-102, the Collier County Land 25 Development Code (hereinafter LDC), which was subsequently amended; 26 and 27 WHEREAS, the Collier County Board of County Commissioners 28 (Board) on June 22, 2004, adopted Ordinance No. 04-41, which repealed 29 and superceded Ordinance No. 91-102, as amended, the Collier County 30 Land Development Code, which had an effective date of October 18, 2004; 31 and 32 WHEREAS, the LDC may not be amended more than two times in 33 each calendar year unless additional amendment cycles are approved by the 34 Collier County Board of Commissioners pursuant to Section 10.02.09 A. of 35 the LDC; and 36 WHEREAS, this is the first amendment to the LDC for the calendar 37 year 2005; and 38 WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 39 establishing local requirements and procedures for amending the LDC; and 40 WHEREAS, all requirements of Resolution 97-177 have been met; 41 and 42 WHEREAS, the Board of County Commissioners, in a manner 43 prescribed by law, did hold advertised public hearings on 44 and , and did take action concerning these amendments to 45 the LDC; and 46 WHEREAS, the subject amendments to the LDC are hereby 47 determined by this Board to be consistent with and to implement the Collier 48 County Growth Management Plan as required by Subsections 163:3194 (1) 49 and 163.3202 (1), Florida Statutes; and Page 2 of 170 Words stmelc tRre\:lgfl are deleted, words underlined are added 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 WHEREAS, this ordinance is adopted in compliance with and pursuant to the local government comprehensive planning and land development regulation act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1 )(w); and WHEREAS; this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1 (g); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. After adoption of the Comprehensive Plan, the Act and in particular Se. 163.3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. Section 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan Section 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. Page 3 of 170 Words stmell t&øl:lga are deleted, words underlined are added 1 Section 163.3202(3), Fla. Stat., states that the Act shall be construed 2 to encourage the use of innovative land development regulations. 3 4 On January 10, 1989, Collier County adopted the Collier County 5 Growth Management Plan (hereinafter the "Growth Management Plan" or" 6 GMP") as its comprehensive plan pursuant to the requirements of Sec. 7 163.3161 et seq., Fla. Stat., and Rule 9J-5 FAC. 8 9 Section 163.3194(1 )(a), Fla. Stat., mandates that after a 10 comprehensive plan, or element or portion thereof, has been adopted in 11 conformity with the Act, all development undertaken by, and all actions taken 12 in regard to development orders by, governmental agencies in regard to land 13 covered by such comprehensive plan, or element or portion thereof shall be 14 consistent with such comprehensive plan or element or portion thereof. 15 16 Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or 17 land development regulation shall be consistent with the comprehensive plan 18 if the land uses, densities or intensities in the comprehensive plan and if it 19 meets all other criteria enumerated by the local government. 20 21 Section 163.3194(3)(b), Fla. Stat., requires that a development 22 approved or undertaken by a local government shall be consistent with the 23 comprehensive plan if the land uses, densities or intensities, capacity or size, 24 timing, and other aspects of development are compatible with, and further the 25 objectives, policies, land uses, densities, or intensities in the comprehensive 26 plan and if it meets all other criteria enumerated by the local government. 27 28 On October 30, 1991, Collier County adopted the Collier County Land 29 Development Code, which became effective on November 13, 1991 and may 30 be amended twice annually. The Land Development Code adopted in 31 Ordinance 91-102 was recodified and superceded by Ordinance 04-41. 32 33 Collier County finds that the Land Development Code is intended and 34 necessary to preserve and enhance the present advantages that exist in 35 Collier County; to encourage the most appropriate use of land, water and 36 resources consistent with the public interest; to overcome present handicaps; 37 and to deal effectively with future problems that may result from the use and 38 development of land within the total unincorporated area of Collier County 39 and it is intended that this Land Development Code preserve, promote, 40 protect and improve the public health, safety, comfort, good order, 41 appearance, convenience and general welfare of Collier County; to prevent Page 4 of 170 Words stmelt tbfettgh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 . 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A AMENDMENTS TO SECTION 1.08.01 ABBREVIATIONS Section 1.08.01 Abbreviations, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.01 Abbreviations * * * * * * * * * * * COA Certificate Of Adeauate public facility * * * * * * * * * * * TIS TransportationlTraffic Impact Study * * * * * * * * * * * SUBSECTION 3.B AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.02 Definitions Housing, affordable Workforce: One or more means residential dwelling units with a monthly rent or monthly mortgage payment, including property taxes and insurance, not in excess of 1/12 of 30 percent of an amount which represents a range of median adjusted gross annual income (median income) for tAe household§ as published annually by the U.S. Department of Housing and Urban Development within the Naples Metropolitan Statistical Area (MSA) (See section 2.05.02), 50 peroent or Ie!:)!:) (for very low inoome), 50 percent to 80 percent (for lew income), or 80 percent to 100 percent (for moderate income) of the specifically includina the followina subsets: Owner Occupied Workforce Housina 50% or less of Median Income, otherwise considered to be "verv-Iow income," Page 5 of 1 70 Words sffilek Ibfougk are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Owner Occupied Workforce Housina 51 % - 60% of Median Income. otherwise considered to be "low income." Owner Occupied Workforce Housina 61 % - 80% of Median Income. otherwise considered to be "low income. ' Owner Occupied Workforce Housina 81 % - 100% of Median Income. otherwise considered to be "moderate income." Rental Workforce Housina less than 50% of Median Income. otherwise considered to be "verv-Iow income." Rental Workforce Housina less than 51 % - 60% of Median Income. otherwise considered to be "low income." The term affordable housing is specificallv intended to includes vlorkforoo housing whioh is limitod to owner oooupied housing with a menthly mortgage payment, inoluaing property taxes and inauranoe, not in exoess of 1/12 of dO peroont of an 0I1'Iount whioh reproeonts 50 peroent to 100 poroont of tho median adjucted grO€;c annual inoome for the househeld ae publiched annually by the U.S. Dopartment of Houcing and Ursan Devolopmont ...:ithin the Naples Motropolitan Statistioal Aroa (MS^). (Scw eeotion 2.05.02) affordable workforce housina . * * * * * * * * * * * Kennelina: An establishment licensed to operate a facilitv housina doas, cats. or other household pets or the keepina of more than three doas. six months or older. on premises used for residential purposes, or the keepina of more than two doas on propertv used for industrial or commercial security purposes. * * * * * * * * * * * Pervious (also oervious surface or oervious area - aoo/icable to Section 4.05.030nlv): Material that allows the percolation or absorption of water into the around includina, but not limited to arass. mulch, and crushed stone. Pavers (excludina those specificallv desianed and constructed to be pervious) and limerock are not considered as pervious surface. * * * * * * * * * * * Shoooina center: A aroup of unified commercial establishments built on a site which is planned, developed. owned or manaaed as an operatina unit and related in its location. size. and type of shops to the trade area that the unit serves. It consists of eiaht or more retail business or service establishments containina a minimum total of 20.000 sauare feet of floor area. No more than 20 percent of a shoppina center's floor area can be composed of restaurants without providina additional parkina for the area over 20 percent. A marina, hotel. or motel with accessorv retail shops is not considered a shopping center. * * * * * * * * * * * Vegetation, Category I Invasive Exotic: Invasive exotic vegetation that alters native vegetation communities !oc...displacing native plant species, changing the structure or ecological functions of native plant communities, or hybridizing with native species: which includes all species of veaetation listed on. ^ list of those exotios oan be found in the 2003 Florida Exotic Pest Plant Council's List of Invasive Species. under Cateaorv I. * * * * * * * * * Wells. raw water: The individual or collective excavations and resulting appurtenant eauipment owned or operated by a public or auasi public entitv Page 6 of 170 Words sm,¡ek ~e~gh. are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 which are the source of raw water used to orovide oubUc irriaation or ootable water. When water from such wells is conveved throuah ohvsicallv connected infrastructure to a oublic or auasi-oublic treatment facility. the system of ohysically inter-connected infrastructure and wells may be considered to be collectivelv located "on-site" as that term is to be aoolied in GMP Policies 6.1.1. and 6.1.2.. and any imolementina land develooment reaulations. SUBSECTION 3.C. AMENDMENTS TO SECTION 2.03.05 OPEN SPACE ZONING DISTRICTS Section 2.03.05 Open Space Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 2.03.05 Open Space Zoning District * * * * * * * * * * * B. Conservation District "CON." 1. Allowable uses. The following uses are allowed in the CON District, ~ a. Uses permitted as of right. * * * * * * * * * * (8) Oil and gas exploration subject to aoolicable federal and state drilling permits and Collier County non-environmental site development plan review procedures. Directional- drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, FAC., as such rules existed on Januarv 14. 2005. regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C- 30.001(2), FAC. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-3Q, FAC. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62,Ç- 30.005(2)(a) (1) through (12), F AC. (9) The following essential services (a) Private wells and septic tanks necessary to serve uses identified in 1 through 8 above. (b) Utility lines necessary to serve uses identified in 1 through 8 above, with the exception of sewer lines. (c) Sewer lines and lift stations if all of the following Page 7 of 170 Words stFliek ~f€)l:1gR are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 criteria are satisfied: i. Such sewer lines or lift stations shall not be located in any NRPA Lands in the CON district; ii. Such sewer lines or lift stations shall be located withi!l already cleared portions of existing rights-or-way or easements; and iiI. Such sewer lines or lift stations are necessary to serve a central sewer system that provides service to Urban Areas or to the Rural Transition Water and Sewer District. * * * * * * * * * * c. Conditional uses. (1) Oil and gas field development and production, subject to federal and state field development permits and Collier County non-environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, FAC., as those rules existed on Januarv 14. 2005 regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001 (2), FAC. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, FAC. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the applicant shall be responsible for convening the Big CypresS Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, FAC., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62Ç-30.005(2)(a)(1) through (12), FAC. . · . . . . . . . . SUBSECTION 3.D. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 2.03.07 Overlay Zoning Districts . · . . . . . . . . . D. Special Treatment Overlay "ST". . · . . . . . . . Page 8 of 170 Words stfaelc througa are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 4. Transfer of eOevelopment Rights (TOR). f. Procedures Applicable to the Transfer of TOR Credits from RFMU sending lands .. .. .. .. .. .. .. .. .. .. ii. County-maintained central TOR registry. In order to facilitate the County's monitoring and regulation of the TOR Program, the County shall serve as the central registry of all TOR credit purchases, sales, and transfers, as well as a central listing of TOR credits available for sale and purchasers seeking TOR credits. No TOR credit generated from RFMU sending lands may be utilized to increase density in any area unless the following procedures are complied with in full. a) TOR credits shall not be used to increase density in either non-RFMU Receiving Areas or RFMU receiving lands until severed from RFMU sending lands. TOR credits shall be deemed to be severed from RFMU sending lands at such time as a TOR credit Certificate is obtained from the County and recorded. TOR credit Certificates shall be issued only by the County and upon submission of the following: .. .. .. .. .. .. ii) a title search, or other evidence, oGtaÐliGhing sufficient to establish that... prior to the severance of the TOR credits from RFMU sending lands, such Sending Lands were not subject to a conservation restriction or any other development restriction that prohibited residential development; .. .. .. .. .. .. .. .. .. vi) documented evidence that. if the property from which TORs are beina severed is subiect to a mortaaae. lien. or any other securitv interest: the mortaaaee. lien holder. or holder of the security interest has consented to the conservation easement reauired for TOR severance. .. .. .. .. .. .. .. .. .. .. d) Each TOR credit shall have an individual and distinct tracking number, which shall be identified on the TOR Certificate that reflects the Govemnoo of the TOR credit from RFMU Sending Land. The County TOR Registry shall maintain a record of all TOR credits, to include a designation of those that have been expended. !tl The County bears no responsibilitv to provide notice to any person or entity holdina a lien or other security interest in Sendina Lands that TOR credits have been severed from the property or that an application for such severance has been filed. .. .. .. .. .. .. .. .. .. .. Page 9 of 170 Words struek tàfal:lgfl are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.08 EASTERN LANDS/RURAL FRINGE ZONING DISTRICTS Section 2.03.08 Eastern Lands/Rural Fringe Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: Section 2.03.08 Eastern Lands!Rural Fringe Zoning Districts A. Rural Fringe Mixed-Use District (RFMU District) * * * * * * * * * * * 2. RFMU receiving lands. * * * * * * * * * * a. Outside rural villages * * * * * * * * * (3) Allowable Uses (a) Uses Permitted as of Right. The following uses are permitted as of right, or as uses accessory to permitted uses: * * * * * * * * * * xi. Golf courses or driving ranges, subject to the following standards: a) The minimum density shall be as follows: i) For golf course projects utiliz:ing donsity blending Provisions set forth in the denÐity Rating SYE:tom of tho FLUE: one (1) dwelling unit per five (5) gross acres. ii) For golf course projects not utilizing density blending Provisions set forth in the Density Ratina Svstem of the FLUE, including free standing golf courses: the minimum clenÐity shall be one (1) dwelling unit por flve(S) gross aores, and one additional d'Nelling unit one TDR credit shall be reauired per five (5) gross acres for the land area utilized as part of the golf course, including the clubhouse area, rough, fairways, greens, and lakes, but excluding any area dedicated as conservation, which is non-irrigated and retained in a natural state. The additional required density for euoh golf oourse development shall be aohieved by aoquiring TDRs from Sending Lande. . TDR credits used to entitle golf course develoDment may also be used to entitle dwellina units within the same proiect or a future modification of the same proiect. At such time as the County approves a golf course develoDment. evidence of sufficient TDR credits must be provided to the County. Those TDR credits shall then be desianated as restricted and shall thereafter be available for use only to entitle residential density within the same project or a future modification of the same project. For the purposes of this provision. subseauent develoDment shall be deemed to be the same proiect when they are Page 10 of 170 Words saoaek thi'EJligfl are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 * part of a unified Dlan of develoDment and are phvsicallv proximate to one another, as those terms are defined for purposes of section 380.0651 (4), Florida Statutes. b) Golf courses shall be designed, constructed, and managed in accordance with the best manaqement practices of Audubon International's Gold Signature Program. The project shall demonstrate that the Principles for Resource Management required by the Gold Signature Program (Site Specific Assessment, Habitat Sensitivity, Native and Naturalized Plants and Natural Landscaping, Water Conservation, Waste Management. Energy Conservation & Renewable Energy Sources, Transportation, Greenspace and Corridors, Agriculture, and BUILDING Design) have been incorporated into the golf course's design and operational procedures. * * * * * * * * * g) Site preservation and native vegetation retention requirements shall be those set forth in section 4.06.00 of this Code. xii. Public and private cohoolo, Gubjoot to tho following oriteria: educational plants and ancillarv plants. a) Sito area and f>ohool Gize chall be f>ubjeot to tho Gonoral EDUCATIONAL FACILITIES Report cubmittod annually by tho Collier County Sohool Board to tho Board of County Commiaoionem. a) Tho Sito mUÐt oomply '....ith tho ST/'.TE REQUIR~MENTS FOR EDUC/\TION/\L F,^,CILlTIES adoptod by the State Board of Eduoation. G) The cite chall be cubjeot to all applioable State or Federal rogulationG. xiii. OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, FAC.. as those rules existed on , 2005 (the effective date of this provision), regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001 (2), F AC. All applicable Collier County oil and gas environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements Page 11 of 1 70 Words stmek tflreMgR are de1eted, words under1ined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 " * of Chapter 62C-25 through 62C-30, FAC. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C- 30, FAC., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62.Q.-30.005(2)(a)(1) through (12), FAC. xiv. Park. open space. and recreational uses. xv. Private schools. " " " " " " " " " (c) CONDITIONAL USES. The following uses are permissible as conditional uses subject to the standards and procedures established in section 10.08.00. i. Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, FAC., as those rules existed on . 2005 (the effective date of this provision. regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), FAC. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County~ so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, FAC. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C- 30, FAC., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62.Q.-30.005(2)(a)(1) through (12), FAC. * * * * " * * * * Page 12 of 170 Words stmek tkrel:lgR are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 b. Rural villages. Rural villages, including rural villages within the NBMO, may be approved within the boundaries of RFMU receiving lands, subject to the following: (1) Allowable Uses: (a) All permitted uses identified in section 2.03.08 tAtt2t.:.tat(3)(a), when specifically identified in, and approved as part of, a RURAL VILLAGE PUD. (b) CONDITIONAL USES 1 through 5, and 7 identified in section 2.03.08-iAM2Mat(3)(c), when specifically identified in, and approved as part of a RURAL VILLAGE PUD. * * * * * * * * * * (3) DENSITY. A RURAL VILLAGE shall have a minimum DENSITY of 2.0 units per gross acre and a maximum DENSITY of 3.0 units per aross acre, except that the minimum DENSITY withlD. a NBMO RURAL VILLAGE shall be 1.5 units per gross acre. Those densities shall be achieved as follows: * * * * * * * * * * (b) Minimum density. For oaoh TDR Credit for uso in a Rural Village, ono Bonus Crodit Ðhall bo grantod, l,Ip to the The minimum gross density ef in a Rural Villaae is 2.0 units per acre outside of the NBMO and 1.5 units per acre within the NBMO. For each TDR Credit used ot achieve the minimum reauired density in a Rural Villaae. one Rural Villaae Bonus Unit shall be aranted. Rural Villaae Bonus Units shall not be available for use once the minimum reauired densitv is achieved. (c) Maximum Density. ^ de'Jeloper may aohieve a donsity exooeding Once the minimum required density, 1:113 to maximum of 3.0 units por aore, is achieved throuah TDR Credits and Rural Villaae Bonus Units. as provided in (b) above. additional density UP to a maximum of three (3) dwellina units per aross acre mav be achieved through any of the following meaRS. either in combination or individuallv: * * * * * * * * * * (4) Other Design Standards (a) Transportation System Design. * * * * * * * * * * ii. Each RURAL VILLAGE shall be served by a primary binary road system that is accessible by the public. Neiahborhood Circulator. Local Residential Access and Residential Loop roads mav and no roads_sholl ßet be gated. The primary road2 systefR within the RURAL VILLAGE shall consist of Rural Maior Collectors at a minimum and bec designed to meet County standards and shall be dedicated to the public. * * * * * * (d) Additional Village Design Criteria: Rural villages shall be designed in accordance with the following provisions: * * * * * * * * * * xv. Required vehicular parking and loading amounts and design criteria: a) The amount of required parking shall be demonstrated through a shared parking analysis Page 13 of 170 Words stft¡ek tbrel:1gå are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 submitted with the SRI'. åeoi§Aation application as part of the rural villaae PUD. Parking shall be determined utilizing the modal splits and parking demands for various uses recognized by the ITE, ULI or other sources or studies. The analysis shall demonstrate the number of parking spaces available to more than one use or function, recognizing the required parking will vary depending on the multiple functions or uses in close proximity which are unlikely to require the spaces at the same time. * * * * * * * * * * 3. NEUTRAL LANDS. a. ALLOWABLE USES. The following uses are permitted as of right: (1) Uses Permitted as of Right. * * * * * * * * * * (k) Golf courses or driving ranges, subject to the following standards: i. Golf courses shall be designed, constructed, and managed in accordance with the best manaaement practices of Audubon International's Gold Signature Program. The proiect shall demonstrate that the Principles for Resource Manaaement reauired bv the Gold Sianature Proaram (Site Specific Assessment. Habitat Sensitivitv. Native and Naturalized Plants and Natural Landscapina. Water Conservation. Waste Manaaement. Enerav Conservation & Renewable Enerav Sources. Transportation. Greenspace and Corridors. Aariculture. and Buildina Desian) have been incorporated into the aolf course's desian and operational procedures. * * * * * * * * * (I) Public and private sohool£, cubjoot to the followin§ ûritoria: educational plants and ancillary plants. i. Sito area and cohool size chall be cubjeot to tho General EDUC.^.TIONAL F/\CILlTIE:S Report submitted annually by the Collier County Sohool Board to the Board of County Commission Or!:). ii. Tho Site must oomply with the ST/\TE: RE:QUIRE:ME:NTS FOR E:DUCATION.^.L F/\CILlTIE:S adopted by the Stato Board of E:ducation. iii. Tho cito chall bo cubject to all applicablo State or Foderal rogulationG. (m) OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non- environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, FAC., as those rules existed on . 2005 (effective date of this provision) regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), FAC. All applicable Collier County environmental permitting Page 14 of 170 Words sá'uek 1ffieugfl are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, FAC. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, FAC., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62,Ç- 30.005(2)(a)(1) through (12), FAC. (n.) Park. open space. and recreational uses. (0.) Private schools. * * * * * * * * * * (3) Conditional uses. The following uses are permissible as conditional uses subject to the standards and procedures established in section 10.08.00. * * * * * * * * * (c) Multi-familv residential structures. subiect to the followina development standards: (i) Buildina heiaht limitation: 2 stories (m Buffer: 10 foot wide landscape buffer with trees spaced no more than 30 feet on center: (im Setbacks: 50% of the heiaht of the buildina. but not less than 15 feet {e} (d) Sports instructional schools and camps. {EI} (e) Those essential services identified in sections 2.01.03 (G)(1) and (G)(3). (e) ffL Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, FAC., as those rules existed on . 2005 (the effective date of this provision). regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001 (2), FAC. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, FAC. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C- 25 through 62C-30, FAC., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to Page 15 of 170 Words s~ek tM61:1gh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 the standards established in Rule 62Ç-30.005(2)(a)(1) through (12), FAC. {t} (g) Earth mining and extraction and related processing. {§} (h) Facilities for the collection, transfer, processing, and reduction of solid waste. * * * * * * * * * * 4. RFMU sending lands. RFMU sending lands are those lands that have the highest degree of environmental value and sensitivity and generally include significant wetlands, uplands, and habitat for listed species. RFMU sending lands are the principal target for preservation and conservation. Density may be transferred from RFMU sending lands as provided in section 2.03.07 D.4.c. All NRPAs within the RFMU district are also RFMU sending lands. With the exception of specific provisions applicable only to NBMO neutral lands, the following standards shall apply within all RFMU sending lands: a. ALLOWABLE USES WHERE TDR CREDITS HAVE NOT BEEN SEVERED (1) Uses Permitted as of Right * * * * * * * * * (g) OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional- drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, FAC., as such rules existed on . 2005 (the effective date of this provision), regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), FAC. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, FAC. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, FAC., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62Ç-30.005(2)(a)(1) through (12), FAC. * * * * * * * * * * (3) CONDITIONAL USES. * * * * * * * * (c) Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F AC., as those rules Page 16 of 170 Words stme1¡ tm-s\:Igk are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 existed on , 2005 (the effective date of this provision), regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001 (2), FAC. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, FAC. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, FAC., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62.Q- 30.005(2)(a)(1) through (12), F AC. * * * * * * * * * * b. USES ALLOWED WHERE TDR CREDITS HAVE BEEN SEVERED (1) Uses Permitted as of Right * * * * * * * * * * (h) OIL AND GAS EXPLORATION, subject to applicable state and federal drilling permits and Collier County non- environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, FAC., as those rules existed on , 2005 (the effective date of this provision), regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001 (2), FAC. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, FAC. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, FAC., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62.Q- 30.005(2)(a)(1) through (12), FAC. (j) Mitiaation in coniunction with anv Countv. state. or federal permittina. (2) CONDITIONAL USES * * * * * * * * * * (b) Oil and gas field DEVELOPMENT and production, subject to applicable state and federal field DEVELOPMENT permits and Collier County non-environmental site DEVELOPMENT plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to Page 17 of 170 Words stmek fu¥ettgà are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, FAC., as those rules existed on . 2005 (the effective date of this provision), regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C- 30.001 (2), FAC. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, FAC. For those areas of Collier County outside the boundary of the Big Cypress Watershed, the APPLICANT shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, FAC., even if outside the defined Big Cypress Watershed. All oil and gas access roads shall be constructed and protected from unauthorized uses according to the standards established in Rule 62.Q- 30.005(2)(a)(1) through (12), FAC. * * * * * * * * * * D. NORTH BELLE MEADE OVERLAY DISTRICT (NBMO) * * * * * * * * * * 5. ADDITIONAL SPECIFIC AREA PROVISIONS a. RECEIVING LANDS * * * * * * * * * * (2) The earth mining operation and asphalt plant uses that currently exist within NBMO Receiving Lands may continue and may expand as follows: (a) Until June 19, ~ 2005, or such other date as the GMP is amended to provide, such uses may expand only into the western half of Section 21 and shall not generate truck traffic beyond average historic levels. (b) Such mining operations and an asphalt plant may expand on Sections 21 and 28 and the western quarters of 22 and 27 as a permitted use if either of the following occur§...by June 19, ~ 2005, or such other date as the GMP is amended to provide: * * * * * * * * * * ii. the mine operator commits to construct a private haul road by June 19, 200ê 2007, or such other date as the GMP is amended to provide, without the use of any public funds. * * * * * * * * * * (3) A GREENBELT is not required for any DEVELOPMENT in NBMa Receiving lands, whether inside or outside of a RURAL VilLAGE. However. any GREENBELT that is provided in a NBMa RURAL VILLAGE shall be included in the calculation of open space. (4) NBMa rural village. A NBMO rural village shall adhere to the provisions for rural village set forth in section 2.03.08 (A)(2)(b), except as follows: Page 18 of 170 Words stmek thrs1:Igk are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 (a) Density. An NBMO rural village shall have a minimum gross density of 1.5 dwelling units per acre and a maximum gross density of three (3) dwelling units per acre. i. The minimum required density shall be achieved through TOR Credits, and Rural Village Bonus Units, as provided in section 2.03.0S~A1.:.~bM3)(C). .. .. .. .. .. .. .. .. .. .. SUBSECTION 3.F. AMENDMENTS TO SECTION 2.05.02 DENSITY BLENDING Section 2.05.02 DENSITY BLENDING, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 2.05.02 DENSITY BLENDING .. .. .. .. .. .. .. .. .. .. .. B. Conditions and limitations. .. .. .. .. .. .. .. .. .. .. .. 3. Properties straddling the Immokalee urban area and the RLSA district. Density and Intensity Blending between properties straddling the Immokalee Urban Area and the RLSA District shall be permitted, subject to all of the following conditions and limitations: a. The project in aggregate must be a minimum of 200 acres in size. b. The lands from which density and/or blending are shifted must be within the Immokalee Urban Area must be designated RecreationallTourist District. c. The lands within the Immokalee Urban Area from which density and/or intensity are shifted must have a F'LUCCS FLUCFCS Code designation of Group 1 or Group 2 and an Index Value of greater than 1.2, both as indicated on the Natural Resource Index. 4. Lands straddlinq RFMU Receivinq and Neutral Lands. Densitv blendina between properties straddlina Receivinq and Neutral Lands in the RFMU District is permitted subiect to all of the followinq conditions and limitations: a. The property was under unified control as of June 19. 2002: b. The project for which density is to be blended must be a minimum of eighty (So) aqqreqate acres in size: c. A minimum of 25% of the property must be RFMU Receivina Land: d. The proiect must extend central water and sewer to serve the entire proiect. unless alternative interim sewer and water provisions are authorized bv the County: and e. The density must be shifted so as to preserve and protect the hiqhest qualitv native veaetation and wildlife habitat on-site and to maximize the connectivity of such native veaetation and wildlife habitat with adiacent preservation and habitat areas. SUBSECTION 3.G. AMENDMENTS TO SECTION 2.06.00 AFFORDABLE Page 19 of 170 Words struek weagk are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 HOUSING DENSITY BONUS Section 2.06.00 AFFORDABLE HOUSING DENSITY BONUS, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 2.06.00 AFORDABLE HOUSING DENSITY BONUS 2.06.01 Generally A. Within most of the coastal urban designated areas identified on the future land use map of the Collier County GMP, a base density of four (4) residential dwelling units per gross acre is permitted. However, the base density may be adjusted depending on the characteristics of the development . One characteristic of a housing development which would allow the addition of density bonuses in order to increase the density over the base density is the provision of affordable housing in the development . The provision of affordable housing units may add up to eight (8) dwelling units per gross acre to the base density of four (4) residential dwelling units per gross acre, for a total of twelve (12) residential dwelling units per gross acre, plus any other density bonuses available, and minus any density reduction for traffic congestion area required, pursuant to the collier county ~ GMP. The total eligible density must not exceed a total of sixteen (16) dwelling units per gross acre, except as allowed through use of transfer of development rights, as provided for in the growth management plan. The program to accomplish this increase to provide affordable housing is called the affordable housing density Bonus (ADHB) program. B. Within most of the Immokalee Urban area, as identified on the Immokalee area master plan future land use map of the growth management plan, base densities are four or six or eight residential dwelling units per gross acre. However, the base density may be adjusted depending on the characteristics of the development. One characteristic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight dwelling units per gross acre to the base density of four, six or eight residential dwelling units per gross acre, for a total of twelve, fourteen or sixteen residential dwelling units per gross acre, plus any other density bonuses available. The total eligible density must not exceed a total of 16 dwelling units per gross acre. C. Within the Rural Lands Stewardship Area Overlay of the Agricultural/Rural area, as identified on the future land use map of the growth management plan, towns, villages, hamlets and compact rural developments are allowed at a density range of one-half to four dwelling units per gross acre. The allowed density may be adjusted depending on the characteristics of the development. One characteristic of a housing development that would allow the addition of density bonuses is the provision of affordable housing in the development. The provision of affordable housing units may add up to eight dwelling units per gross acre to the allowed density of one-half to four dwelling units per gross acre, for a total of eight and one-half to twelve and one-half residential dwelling units per gross acre, plus any other density bonuses available. & D. In order to qualify for the AHDB for a development, the developer must apply for and obtain the AHDB from the County for a development in accordance with this section, especially in accordance with the provisions of the AHDB program, including the AHDB rating system, the AHDB monitoring program, and the limitations on the AHDB. * * * * * * * * * * 4. Review and recommendation by the hOl:Jsing and urban jmpro~'omont Page 20 of 170 Words swelc threugh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 dirootor Countv Manaaer or desianee. After receipt of a completed application for AHDB, the housing and urBan improvomønt director County Manaaer or desianee must review and evaluate the application in light of the AHDB rating system, the AHDB monitoring program and the requirements of this di'.'ioion section. The houcing and urban improvemont diroctor County Manaaer or desianee must coordinate with the development services director to schedule the AHDB application with the companion application for rezoning, planned unit development or stewardship receiving area, and must recommend to the planning commission and the board of oounty oomrniosioners BCC to deny, grant, or grant with conditions, the AHDB application. The recommendation of the hOLJÐin!i and urban improvement dirootor County Manaaer or desianee must include a report in support of Ri& recommendation. 5. Review and recommendation by the planning commission. Upon receipt by the planning commission of the application for AHDB and the written recommendation and report of the housing and urban improvomont director County Manaaer or desianee, the planning commission must schedule and hold a properly advertised and duly noticed public hearing on the application. If the application has been submitted in conjunction with an application for a PUD, then the hearing must be consolidated and made a part of the public hearing on the application for the PUD before the planning commission, and the planning commission must consider the application for AHDB in conjunction with the application for the PUD. If the application has been submitted in conjunction with an application for a rezoning, then the hearing must be consolidated and made a part of the public hearing on the application for rezoning before the planning commission, and the planning commission must consider the application for AHDB in conjunction with the application for rezoning. If the application has been submitted in conjunction with an application for a stewardship receiving area, then the hearing must be consolidated and made a part of the public hearing on the application for stewardship receiving area before the planning commission, and the planning commission must consider the application for AHDB in conjunction with the application for stewardship receiving area. After the close of the public hearing, the planning commission must review and evaluate the application in light of the requirements of this divioion section and the requirements for a rezoning, PUD rezoning, or stewardship receiving area, as applicable, and must recommend to the beard of oounty oommicoioneFs BCC that the application be denied, granted or granted with conditions. 6. Review and determination by board of county commissioners. Upon receipt by the board of oounty oommiooionerc BCC of the application for AHDB and the written recommendation and report of the housing and urban improvement director County Manaaer or desianee and recommendation of the planning commission, the board of oounty oommiocionerG BCC must schedule and hold a properly advertised and duly noticed public hearing on the application. If the application has been submitted in conjunction with an application for a planned unit development (PUD), then the hearing must be consolidated and made a part of the public hearing on the application for the planned unit development (PUD) before the board of oounty oommiocionerc BCC, and the board of oounty oommiooionerÐ BCC must consider the application for AHDB in conjunction with the application for the planned unit development (PUD). If the application has been submitted in conjunction with an application for a rezoning, then the hearing must be consolidated and made a part of the public hearing on the application for rezoning before the board of oounty oommicoionero BCC, and the board of oounty oommiocionero BCC Page 21 of! 70 Words stfl:lek tRTe\iga. are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ;~ 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 :! must consider the application for AHDB in conjunction with the application for rezoning. If the application has been submitted in conjunction with an application for a stewardship receiving area, then the hearing must be consolidated and made a part of the public hearing on the application for stewardship receiving area before the board of oounty oommicsionerÐ BCC, and the board of oounty oommiccionorc BCC must consider the application for AHDB in conjunction with the application for stewardship receiving area. After the close of the public hearing, the board of oounty oommicmionoro BCC must review and evaluate the application in light of the requirements of this divicion section and the requirements for a rezoning, and must deny, grant, or grant with conditions, the application in accordance with the AHDB rating system and the AHDB monitoring program. G .5,- The procedures to request approval of a density bonus are described in Chapter 10 of this LDC, along with requirements for the developer's agreement to ensure compliance. SUBSECTION 3.H. AMENDMENTS TO SECTION 2.06.03 AHDB Rating System Section 2.06.03 AHDB Rating System, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 2.06.03 AHDB Rating System A. The AHDB rating system shall be used to determine the amount of the AHDB which may be granted for a development , based on household income level, numbor of bodroomc par afforEla~le l'IeusiFlg unit, type of affordable housing units (owner-occupied or rental, single-family or multi-family, and percentage of affordable housing units in the development. To use the AHDB rating system, Tables A aR4-8, below, shall be used. Tables A afIG-..8. shall be reviewed and updated, if necessary, on an annual basis by the BCC or its designee. 1. First, choose the household income level (moderate, 10·..... or very low 50% of Median Income. 60% of Median Income. or 80% of Median Income) of the affordable housing unit(s) proposed in the development , and the type of-affordable housing units (owner- occupied or rental, single-family or multi-family, where applicable) to be provided, as shown in Table A. Then, referring again to Table ^, ohooee the number of bedrooms propoced for the affordable housing unit(s). An AHDB fatÏR9 based on the household income level and the numbor of bodroomo is shown in Table A. Table .'\. T ^BLE INSET: Page 22 of 170 Words 9trnel¡ thrEJ\:Igli are deleted, words underlined are added Þ:-=lyjOWA.r eoo"~IÐd er rontal, siAgle family e~ ~~ I ¡ *For olu&ter houcing development s in the urban oO::l&tal fringo, add 01'10 (1) density bonus to ol3tain 1\\'0 (2). 4 2. Nter tho NomB rating has 13001'1 doterrninec:l iR TablE) I'., looato it in 5 Tablo B, and dotormino tho porcontago of that typo of affGrGable 6 hoysing l-Init proposod in tho development oomparod to tho total 7 nurnbor of dwelling units in tho development . From this 8 detormination, lable 9 8. will indicate the maximum number of 9 residential dwelling units per gross acre that may be added to the 10 base density. These additional residential dwelling units per gross 11 acre are the maximum AHDB available to that development . 12 Developments with percentages of affordable housing units which 13 fall in between the percentages shown on table 9 ð.-shall receive an 14 AHDB equal to the lower of the two (2) percentages it lies between, 15 plus one-tenth (1/10) of a residential dwelling unit per gross acre for 16 each additional percentage of affordable housing I'9Ata1: units in the 17 development. For example, a development which has twenty-four 18 (24) percent of its total residential dwelling units as affordable 19 housing units, and '",hioh hac an ,^,HDB rating of "4" at the 80%MI 20 level will receive an AHDB of 4:4 2.4 residential dwelling units per 21 gross acre for the development. 22 I 2;1 Tablo B. (Additional available dwelling unitE per groce; aora) 1 TABLE INSET: o 24 27 28 29 30 31 32 33 34 35 Ii 3. Where more than one (1) type of affordable housing unit (based on level of income and numbor of bodroorflG shown in Table A) is propased for a development , the AHDB for each type shall be calculated separately in Tabla B. After the AHDB calculations for each type of affordable housing unit have been completed in Tabla B, the AHDB for each type of unit shall be added to those for the other type(s) to determine the maximum AHDB available for the development. In no event shall the AHDB exceed eight (8) dwelling units per gross acre. Table A. Affordable Housina Densitv Bonus (Additional Available Dwellina Units Per Gross Acre) Page 23 of 170 Words stmel¡ tflrEuigh are deleted, words underlined are added 1 Percent of DeveloDment Desianated as Affordable Housina 10% 80% MI* 1 2 3 4 5 6 7 8 8 8 Income 60%MI ~ â 1: §. § I ª ª ª ª level 50%MI 3 4 5 6 7 8 8 8 ª 8 *Owner-occuDied onlv 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 119 201 21 22 23 24 25 26 27 28 29 30 31 32 Total Allowable Densitv = Base Densitv + Affordable Housina Densitv Bonus In no event shall the maximum aross density allowed exceed 16 units Der acre. B. The AHDB shall be available to a development only to the extent that it otherwise complies and is consistent with the GMP and the land development regulations, including the procedures, requirements, conditions, and criteria for "PUDs· and rezonings, where applicable. C. The minimum number of affordable housing units that shall be provided in a development pursuant to this section shall be ten (10) affordable housing units. D. The ratio of number of bedrooms Der affordable housina unit shall in aeneral be eaual to the ratio of the number of bedrooms Der residential unit for the entire develoDment. * * * * * * * * * * * SUBSECTION 3.1. AMENDMENTS TO SECTION 2.07.00 Table of SETBACKS For Base Zoning Districts Section 2.07.0 Table of SETBACKS For Base Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 2.07.00 Table of SETBACKS For Base Zoning Distriets Page 24 of 170 Words s~Nek tflre1fgfl are deleted, words underlined are added D"'''' A I2é- .w- ~ · )Ç... ............. '" ~ .w- ~ W- ~ b...... ~ · fw- ~ W- ~ ~ ~ ~ E- b.....~ ,I. ,.,'" l:- ~ ~ . . "n ~ 10..", .,., ðQ- ~ ðQ- )Ç... ........... ,,.. 9- Þr- 9- )Ç... ~ 9- Þr- Ii- )Ç... ~ '" '''L ,.,n ~ : . . ~ ~ )Ç... .. r'- ,.,'" it ðQ- . . ~ ~ ~ 2ð- ~ 7-,é- .w- )Ç... iTT,:n ,,... ,., ~ ~ ~ §- .w- ~ Noo- ~ µ 2ð- ~ ~ 2ð- X- I%-- ~ · ~ :..§.... · ~ )Ç... ~ G- ~ II,- · ~ )Ç... Þ-4-4- ¡}- ~ II,- · ~ )Ç... ~ · ~ :..§.... 2ð- ~ )Ç... k- · ~ IS- W- I%-- X- ßP- W- ~ .w- W- ~ ~ W- ~ W- IP- Þ- ~ ~ X- Næ- Noo- GF- ~ ~ ~ ~ 4Ð- ~ - ,~ <. . . ..~... Page 25 of 170 Words stmek tflre1:lgfl are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 3l 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 r;otriol' t IRo 0""'"010 "sI;eA foe that o;sI"ot ;A Cho,'.' .. .j.MH Die:triet aGlditional yare reEluiremente:: sieCl yare setback from a public road that i6 e~8rnal to the beuRelary of the park - éiQ ft.; tho minimum setbaak on any 6iGlo from the exterior \::¡mmdary of the ¡::Jark - 15ft. ~RVe Oi6triat aeGlitional yarel requirements: 6etbaak from exterior l3e\mGary of park - 50 ft.; setback from an external street - 50 ft., set\::¡aek from an internal E:treot - 2éi ft.; sotbaek from any \::¡uileling or other structure - 10 ft. 3e ð Die:trirJt minimum setback on any side that is waterfront - 25 ft.; setback for marinas - none. 4e . - 50% of the blc.lilding haight, but not lees than 15 feat. 8 - 50% of the blc.lilGling height, but not loee than aD feet. e - 50% of the builGling height, Sllt Rot leGe tAan 25 feat. D - 50% sf the builGling haight, but not lee:s than 25 feet. Structuroe: 50 feet or more in heigt:lt - 25 feet plue: one adGlitisnal foot of setsack for oach foot of building height over 50 feet. E - the tetal of all siGle yard sotsaaks shall equal 20% of the let '",idth, with a maximlc.lm ef ãQ feet. Ne siele yard shall be less than 10 feet. Alternative dimensione: may be possiele when approveel threlc.lgh a blnifiee .'Jlan of Gevelopment involving one or more lots Ic.InGler common o\'mership where tAe yar-d r-eqlc.liromente: are met for the unified cite but net neoessarily for eaoh parael within tha unified e:ite. F - tAe yard røquiremente ehall se eqlc.lal to the most restrictive adjoining dietriat. x - for principal strlc.lrJturee:: 50 feet from all property IinoE:; fer acaoe:e:ory strlc.latures: 25 feet from all ßroperty linos. SUBSECTION 3.J. AMENDMENTS TO SECTION 3.04.02 Species Specific Requirements Section 3.04.02 Species Specific Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 3.04.02 Species Specific Requirements A. Gopher Tortoise (Gopherus polyphemus). * * * * * * * * * * 11. When identifying the native vegetation preservation requirement of section 3.05.00. 3.05.07 of this LDC for parcels containing gopher tortoises, priority shall be given to protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off-site adjacent gopher tortoises' preserves. All gopher tortoise preserves shall be platted with protective covenants, as required by this section and section 10.02.04 3.05.07 H of this LDC or, if the project is not platted, shall provide such language on the approved site development plan. It shall be a priority to preserve scrub habitat, when it exists on-site, for its rare unique qualities and for being one of Page 26 of 170 Words swek tbreligil are deleted, words underlined are added _..~.+---_.~-"...". 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 B 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 the most endangered habitats in the County, regardless of whether gopher tortoises are relocated off-site. 12. Gopher tortoises shall be removed from all active and inactive burrows located within the area of construction prior to any site improvement, in accordance with the protection/management plan approved by County Manager or designee. 13. Exemptions. Single family platted lots, seven and one-half acres or less in size, shall be exempt from the requirements set forth in subsections 5 through 11 above, when these lots are not a part of a previous development which has been required to comply with subsections 5 through 11. However, gopher tortoises shall be protected pursuant to .:t-4 1-3 above. * * * * * * * * * * * Sea Turtle Protection. * * * * * * * * * * * 5. It shall be unlawful, during the nesting season, 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, without obtaining a construction in sea turtle nesting area permit from the County Manager or designee. a. If sea turtle nesting occurs within 100 yards of the construction, measured parallel to the shoreline during permitted construction activities, the nest area shall be flagged by the permittee and the County Manager or designee informed prior to 9:00 a.m. of that morning. b. Depending on nest location, in relation to intensive construction activities, the County Manager or designee may require that the nest(s) be relocated by the applicant c. Construction activities shall not interfere with sea turtle nesting, shall preserve or replace any native vegetation on the site, sAaU must maintain the natural existing beach profile, and minimize interference with the natural beach dynamics and function. d. 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 County beaches. except if permitted structures are damaoed by a named storm or other declared natural disaster and the followino conditions are met. 1. Minor repair work (boards need to be nailed back to the existing intact structure, or a few boards need to be replaced) that can be performed completely from atop the structure is authorized after obtaining the necessary approval of the FDEP and notifying Collier County Environmental Services of that work. 2. Prior to any major repair work (greater than that described in 1 above) or reconstruction of any part of the structure, the following information shall be provided to so that staff can Page 27 of 170 Words stmel¡ tflrattgk are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 determine if the major repair or reconstruction can occur prior to the end of sea turtle nesting season: a. The appropriate permit from FDEP. b. The location of all known sea turtle nests. Community Development and Environmental Services (CDES) staff will provide assistance in locating nests. Construction activities shall not occur within 10 feet of these boundaries for viable nests. c. A survey by a qualified consultant locating any gopher tortoise burrows on site within 50 feet of the structure. Relocation of gopher tortoises will be required when the burrows are in harms way of the construction activity. d. Photographs of the site as it existed after the storm to document the conditions of the property. e. An aerial of the property showing the CCSL line. f. A copy of a CCSL variance or CCSL permit if required and building permit approving the original construction of the structure. 3. Sea turtle nest locations will be reestablished using their previously recorded GPS locations and accuracy data to identify a 95% confidence boundary. Construction activities shall not occur within 10 feet of these boundaries for viable nests. Nests will be considered viable for 80 days from the time the nest was recorded unless it can be proven that a particular nest has been damaged by the storm and there is no chance of any hatchlings. 4. Minor structures, as defined by Florida Statutes Subsection 161.055. of the Coastal Zone Protection Act of 1985, shall be approved provided that thev also comply with: a. Federal requirements for elevations above the 100-vear flood level. b. Collier Countv Buildinq Code requirements for flood proofinq. c. Current buildinq and life safety codes. d. Collier County and State of Florida Department of Environmental Protection CCSLlCCCL requlations, e. Applicable disabilitv access requlations of the American Disabilitv Act (ADA). and f. Anv required Collier County zoninq and other development requlations with the exception of existinq density or intensity requirements established. unless compliance with such zoninq or other development requlations would preclude reconstruction otherwise intended bv the Build back Policv as determined bv the Emergencv Review Board established herein. Page 28 of 170 Words swelt tflfeligft are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 6. The followina shall be obliaations for all property owners who have had sand washed ashore (as a result of a storm) and deposited on the dune and seaward of the CCSL. As supported bv GMP Conservation and Coastal Manaaement Element Obiective 10.4 and Policv 10.4.8 . construction seaward of the CCSL shall not interfere with sea turtle nestina. will minimize interference with natural beach dynamics. and where appropriate will restore the historical dunes and will veaetate with native veaetation and help in the restoration of natural functions of coastal barriers and beaches and dunes. The property owner may be prohibited from removina the deposited sand when it is determined that the wash over was a part of the natural rebuildina of the beach and dune system. On Iv native salt tolerant beach or dune veaetation mav be planted on the deposited sand. after obtainina a Collier Countv CCSL permit. This shall not applv to sand washed over onto yards that have received the appropriate Collier Countv approvals for landscapina seaward of the CCSL (such as sinale familv homes alona Vanderbilt Beach). iI. 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 it's jurisdictional waters. It shall be unlawful to collect or possess any part of a sea turtle. SUBSECTION 3.K. AMENDMENTS TO SECTION 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation Section 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation C. Agricultural exemption. Agricultural operations that fall within the scope of sections 163.3162(4) and 823.14(6), Florida Statutes, are exempt from the provisions of section 3.05.00 3.05.03 through 3.05.09, provided that any new clearing of land for agriculture outside of the RLSA District shall not be converted to non-agricultural development for 25 years, unless the applicable provisions set forth in section 3.05.00 3.05.04 throuah 3.05.07 G. are adhered to at the time of the conversion. The percentage of native vegetation preserved shall be calculated on the amount of vegetation occurring at the time of the agricultural clearing, and if found to be deficient, a native plant community shall be restored to 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. D. Pre-existing uses. Exemptions from the requirements of section 3.013.00 3.05.07 F. through 3.05.09 shall not apply to, affect or limit the continuation of uses within the RFMUD which existed existing prior to June 19, 2002. 1. Such existing uses shall include: those uses for which all required permits were issued prior to June 19 2002; or projects for which a conditional use or Rezone petition has been approved by the County Page 29 of 170 Words streak ~hreHgR are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 prior to June 19, 2002; or, land use petitions for which a completed application has been submitted and which have been determined to be vested from the requirements of the Final Order prior to June 19, 2002. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing uses. 2. Such previously approved development shall be deemed to be consistent with the GMP Goals, Policies and Objectives for the RFMU district, and they may be built out in accordance with their previously approved plans. Changes to these previous approvals shall also be deemed to be consistent with the GMP Goals, Objectives and Policies for the RFMU district as long as they do not result in an increase in development density or intensity. E. Exempt mangrove alteration projects. 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, unless they are a part of a preserve. This exemption shall not apply to mangrove alterations or removal in any preserve or in any area where the mangroves have been retained in satisfaction of section 3.05.07. The Collier County Environmental Advisory Council (EAC) may grant a variance to the provisions of this section if compliance with the mangrove tree preservation standards of this Division section would impose a unique and unnecessary hardship on the owner or any other person in control of affected property. Mangrove trimming or removal for a view shall not be considered a hardship. Relief shall be granted only upon demonstration by the landowner or affected party that such hardship 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. SUBSECTION 3.L. AMENDMENTS TO SECTION 3.05.05 Criteria for Removal of Protected Vegetation Section 3.05.05 Criteria for Removal of Protected Vegetation, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 3.05.05 Criteria for Removal of Protected Vegetation The County Manager or designee may approve an application for vegetation removal permit if it is determined that reasonable efforts have been undertaken in the layout and design of the proposed development to preserve existing vegetation and to otherwise enhance the aesthetic appearance of the development by the incorporation of existing vegetation in the 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 section. In addition, a vegetation removal permit may be issued under the following conditions: A. Protected vegetation is a safety hazard to pedestrian or vehicular traffic, public services, utilities, or to an existing structure. B. Diseased or otherwise unhealthy vegetation, as determined by standard horticultural practices, and, if required, a site inspection by the County Manager or designee. C. A final local development order has been issued which requiros allows removal of the protected vegetation. Page 30 of 170 Words struelc tflreligh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 D. Compliance with other codes and/or ordinances may involve protected vegetation removal. E. Replacement of non-native vegetation shall be with native vegetation and shall be subject to the approval of the County Manager or designee. Replacement vegetation shall comply with the standards of section 4.06.05 and shall include the following minimum sizes: one gallon ground cover; seven (7) gallon shrubs; fourteen (14) foot high trees with seven foot crown spread and dbh (diameter at breast height) of three inches. Replacement native vegetation shall be planted within fourteen (14) calendar days of removal. F. On a parcel of land zoned RSF, VR, 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. G. The proposed mangrove alteration has a DEP permit, or meets the permitting standards in the Florida Administrative Code. However, mangrove removal or trimming shall be prohibited in all preserves or areas used to fulfill the native vegetation preservation requirements. H. Removal of vegetation for approved mitigation bank sites (as defined by the Florida Administrative Code); state, federal or county approved or endorsed environmental preservation, enhancement, or restoration projects; or firo broakc approvod by tho State of Florida, DiviGion of Forootry, shall be permitted. Vegetation removal permits issued under these criteria are valid for the period of time authorized by such agency permits. I. 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 County Manager or his designee provided that it can be demonstrated that early transplantation will enhance the survival of the relocated vegetation. The vegetation relocation plan shall document methods of relocation, timing of relocation, watering provisions, maintenance and other information as required by the County Manager or his designee. J. Landscape plant removal or replacement. The removal or replacement of approved landscaping shall be done in accordance with the regulations that guide the landscape plans reviews and approvals in section 4.06.00. A vegetation removal permit will not be issued for the removal or replacement of landscape plants. That approval must be obtained through an amendment process to the landscape plan or as otherwise authorized by permit by the Collier County Landscape Arch itect. K. Removal of veoetation for firebreaks approved bv the State of Florida. Division of Forestrv. shall be permitted. The width of the approved clearino shall be limited to the minimum width determined necessary by the Division of Forestrv. L. A State or Federal permit issuance depends on data that cannot be obtained without preliminary removal of some protected vegetation. The clearing shall be minimized and shall not allow any oreater impacts to the native vegetation on site than is absolutely necessary. Clearing shall be limited to areas that are outside anyon-site preserves. as identified on the PUD master plan. Plat/Construction Plans or Site Development Plan. Page 31 of 170 Words st11:lel¡ tÀr8l:IgÀ are deleted, words underlined are added ..... ~ ^<!'w-.._.... ...~..-,,<."' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 M. In conjunction with a Collier County approved Preserve Manaaement Plan. native veaetation clearina may be approved only when it is to improve the native habitat or to improve listed species habitat. N. Conservation Collier proiects which may need minimal clearina for parkina. pathwayS for walkina. or structures that may not reauire site plan approvals. O. Early clearina will be allowed as part of a final review of an SDP or PPL. after the Environmental Services Review Staff approves the necessarv components of the proiect to ensure the appropriate environmental protection and preservation on site. This can onlv be allowed after the followina are completed and approved: 1) final confiauration and protection of the preserve is complete. 2) the conservation easements are completed and approved bv both the environmental review staff and the county attorney's office. 3) the environmental review staff has approved the clearina of the site throuah the site clearina/preservation plan. 4) copies of all applicable Federal. State. and Local permits must be submitted and reviewed aaainst the site clearina/preservation plan. This early clearina does not authorize approval for excavation. spreadina fill. and aradina. That must be approved throuah a preliminarv work authorization process in accordance with section 10.02.04.4.f. If for anv reason the underlvina SDP or PPL is not approved. the property owner will be responsible for reveaetation of the site in accordance with Section 4.06.04.A.1.a.vii. " " " " " " " " " " " SUBSECTION 3.M. AMENDMENTS TO SECTION 3.05.07 Preservation Standards Section 3.05.07 Preservation Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: Section 3.05.07 Preservation Standards All development not specifically exempted by this ordinance shall incorporate, at a minimum, the preservation standards contained within this section. A. General standards and criteria. " " " " " " " " " " " 3. Preserve areas shall be selected in such manner as to preserve the following, in descending order of priority, except to the extent that preservation is made mandatory in sections 3.05.07 F.3. and 3.05.07 G.3.C.: a. Oncite wetlands having an assessed funotionality of 0.65 or greater; Areas known to be utilized by listed species or that serve as corridors for the movement of wildlife; b. Onsite wetlands having an accepted WRAP score of 0.65 or a Uniform Wetland Mitigation Assessment Score of 0.7. " " " " " " " " " " SUBSECTION 3.N. AMENDMENTS TO SECTION 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation 3.05.08 Requirement for Removal of Prohibited Exotic Vegetation Prohibited exotic vegetation specifically includes the following: Page 32 of 170 Words struek tflret¡gh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Earleaf acacia (Acacia auriculiformis) Australian pine (Casuarina spp.) Melaleuca (Melaleuca spp.) Catclaw mimose (Minosa pigra) Downy rosemyrtle (Rhodomyrtus tomentosa) Brazilian pepper (Schinus terebinthifolius) Java plum (Syzygium cumini) Women's tongue (Albizia lebbeck) Climbing fern (Lygodium spp.) Air potato (Dioscorea bulbifera) Lather leaf (Colubrina asiatica) Carrotwood (Cupaniopsis anacardioides) A. General. 1. Prohibited exotic vegetation removal and methods of removal shall be conducted in accordance with the specific provisions of each local development order. 2. Native vegetation shall be protected during the process of removing prohibited exotic vegetation, in accord with the provisions of section 3.05.04. 3. Prohibited exotic vegetation shall be removed from the following locations, and within the following timeframes: a. From all rights-of-way, common area tracts not proposed for development, and easements prior to preliminary acceptance of each phase of the required subdivision improvements. b. From each phase of a site development plan prior to the issuance of the certificate of occupancy for that phase. c. From all golf course fairways, roughs, and adjacent open space/natural preserve areas prior to the issuance of a certificate of occupancy for the first permitted structure associated with the golf course facility. d. From property proposing any enlargement of existing interior floor space, paved parking area, or substantial site improvement prior to the issuance of a certificate of occupancy. 4. In the case of the discontinuance of use or occupation of land or water or structure for a period of 90 consecutive days or more, property owners shall, prior to subsequent use of such land or water or structure, conform to the regulations specified by this section. Page 33 of 170 Words struek tm-sl:Iga are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 5. Verification of prohibited exotic vegetation removal shall be performed by the development services director's field representative. 6. Herbicides utilized in the removal of prohibited exotic vegetation shall have been approved by the U.S. Environmental Protection Agency. 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. B. Exotic vegetation maintenance plan. 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 describe 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 contingent upon approval of the maintenance plan. Noncompliance with this plan shall constitute violation of this section. The development services director's field representative shall inspect sites periodically after issuance of the certificate of occupancy, or other final acceptance, for compliance with this section. C. Applicability to new structures and to additions on single-family and two- family lots. In addition to the other requirements of this section, the applicant shall be required to remove all prohibited exotic vegetation before a certificate of occupancy is granted on any new principal or accessory structure and any additions to the square footage of the principal or accessory structures on single-family or two-family lots. This shall not apply to tents. awninos, cabanas. utility storaoe sheds, or screened enclosures not havino a roof impervious to weather. This shall not apply to interior remodelino of any existina structure. 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. SUBSECTION 3.0. AMENDMENTS TO SECTION 3.06.06 Regulated Wellfields Section 3.06.06 Regulated Wellfields, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 3.06.06 Regulated Wellfields The following wellfield risk management special treatment overlay zones, as defined in section 3.06.03, and criteria specified herein shall be applied to the following wellfields: A. City of Naples East Golden Gate Well Field Wollfiold. B. Citv of Naples Coastal Ridge Well Field (Goodlottc Road) 'Nollfiold. C. Collier County Utilities Golden Gate Well Field VVollfiold. Page 34 of 170 Words struek t:hrough are deleted, words underlined are added 1 D. Everglades City Well Field 'Nollfiold. 2 3 E. Florida Governmental Utility Authority Golden Gate City Well Field WateF 4 Troatf1'1ont Plant Wellfield. 5 6 F. +!:Ie Orange Tree Well Field 'lVollfiold. 7 8 G.lmmokalee Wator ami Sowor Diotrict Well Field. .....ollfioldo drillod into tho Lowor 9 TamiQf1'1i a",uifers and Sandotono a",uifers. 10 11 12 13 14 CITY OF NAPLES EAST GOLDEN GATE WELL FIELD OIL 'l£u. RO..o (C.R. eee) W~""".·,'" ~......w,",·,,,,.·.... ==.~L~ ~s,. ~ ç\I:i~" 20 - t.... ~~.'""...~ ~ > ",''':; , .,,=- ~,.,.,. -2= ..:\ ,:i~ 'd) · , I ~~ifià.Æ ~~- --=.. ~. ;...h ~.- J><N' "J: ~~'~~'+"T: I, ~;~ ..~ \ \ \'-- ~f~:;o ,'::<'<LUV"" .,..~. "'" ~» , ~f7J=ir:=. I' __"0' - ~ ~~~J'F= ,. ".....,.,.,~,~.....~ ~ c:,c: = ~J,R--... '"- S~ '~M _1<' -'\i~ 7't~~~~ "',J~,::t3 H···· ç<-J-JU- \ +-\.~)' (..- / =:~< -=/ /" ,. ~~;. .--~-~ ......... ,. -- JO ,."."..'''..- .j,,,,,,"'''''''''m'''''~ ·.·..=,.,·.·~·.......w.w.........· .. .. Page 35 of 170 OIL"WEU. ROAD (CII. fl58): " > .. ,. " Words sà1iek tlrrs1:igh are deleted, words underlined are added CITY OF NAPLES COASTAL RIDGE WELL FIELD t::f5~1 oJ··..'" ~ f\.4" <\ ¡ J~l ...... ........ ........?;~_~..,~\;\:~h Page 36 of 170 Words stffielc tffi-sHga are deleted, words underlined are added COLLIER COUNTY UTILITIES GOLDEN GA TEWELL FIELD I r "...,":'.~':~--~ . 3 I ..~..~ ...........--..-............. Page 37 of 170 Words stfl:lek tlwl31:igB. are deleted, words underlined are added ..............m._.~_Ii'!... EVERGLADES CITY WELL FIELD 35 36 31 32 5 ~...,.._...................... Words strHel( tbïsl:igk are deleted, words underlined are added ê 11 Page 38 of 170 FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN GATE CITY WELL FIELD ,. ,. ,. Page 39 of 170 Words stmek tàr8Hgk are deleted, words underlined are added ORANGE TREE WELL FIELD ·~~".'·",,"""".·".'·."=,,"~·.V.W".'''''.'W'~'''t'''''''' ,,,>,,",,,,,,,.--2- =.==-«~,... ""''''''''''''''''''''''''''''''''''''''.' ".., ~~....^''''~"..,.."..... 1. .="".==""....... _"'"""""~·.·,,,·.w.·.,·.,..,,w.,w,,· -=,=" '" 24 ""W'W""".--1~...."",,,,,,,,,,,,,,,. '*f,'" .. ·--~"::':~·NIWJ:.:::IOiJU!VÀÁD"""":· ...... ..-............. Page 40 of 170 Words BtF\:l611 trnel:lgà are deleted, words underlined are added IMMOKALEE WELL FIELD Page 41 of 170 Words stFuelc tÀf81:1gR are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 * * * * * * * * SUBSECTION 3.P. AMENDMENTS TO SECTION 4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts Section 4.02.01 Dimensional Standards for Principle Uses in Base Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.02.01 Dimensional Standards for Prineiple Principal Uses in Base Zoning Districts A. The following tables describe the dimensional standards pertaining to base zoning districts. Site design requirements apply to the principal building on each site. * * * * * * * * * Table 2.1 - TABLE OF MINIMUM YARD REQUIRMENTS (SETBACKS) FOR BASE ZONING DISTRICTS * * Note as to Setback line measurement: minImum setback lines are tvpicallv measured from the leaal boundary of a lot. reaardless of all easements burdenina a lot. with the exception of easements that comprise a road riaht-of-wav where the minimum setback line is to be measured form the road riaht-of-wav easement line. Minimum Front Yard feet None None E RSF-1 50 RSF-2 RSF-3 30 RSF-4 10 RSF-5 10 RSF-6 10 RMF-6 S.F.25 NA Page 42 of 170 Words stmel¡ tMeagfi are deleted, words underlined are added Public School Re uirements Duolex 25 tffi 1Q ~ ß + units 30 NA 19- ~ RMF-12 30 11- ~ 2L RMF-16 B 11- ª- P- BL ª- ~ ª- ~ Waterfront MQn: ~ S.F. /MH 20 jj2 waterfront ~ Duolex 35 ~ ªº ~ M.F.35 ~ ,1§ ªº- ¡1-º- ~ MH1 ~ Iwaterfront ~ RL ill- waterfront ¡l!L ~ tLL TTRVC2 Waterfront þ!Qn: Waterfront ~ waterfront ill- ill- ~ ill- waterfront ~ ~ Residential ~ Residential ~ ~ Q:.L ~ residential ~ residential ~ J.§... Q:L ~ ~ 1L ~ 1L ~ kL º- ~ 11- ~ ~ ~ C-44 º- ~ 11- ~ 11- ~ ~ ~ ~ ~ 1L ~ 1L RL 14 ~ ~ ~ ~ J.§... RL '-- ª-P- ~ ~ ¡l!L 2!L ~ CON5 ~ ~ 2!L ~ E- L L L ~ ~ Residential ~ Residential ~ ~ ~ ~ residential ~ residential 1L 19- See table of soecial desian reauirements for the aoolicable overlav district Overlav ocated in the accrocriate section for that district in Chaoter 4. Districts Page 43 of 170 Words swell tlffal:tga are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 1MH District - additional yard reauirements: side yard setback from a public road that is external to the boundary of the park = 50 ft.: the minimum setback on any side from the exterior boundary of the park = 15ft. 2TTRVC District - additional yard reauirements: setback from exterior boundary of park = 50 ft.: setback from an external street = 50 ft.. setback from an internal street = 25 ft.: setback from any buildina or other structure = 10ft. 3C_3 District - minimum setback on any side that is waterfront = 25 ft.: setback for marinas = .!:!.Qllii!." 4C_4. C-5 and I Districts - minimum setback on any side that is waterfront = 25 ft.: setback for marinas = none: setback on any side adiacent to a railroad riaht-of-wav = none 5Anv non-conformina platted lot of record in the CON District that existed before November 13. 1991 will be subiect to the followina standards: Front yard: 40 feet. Side yard: ten percent of the lot width. but no more than 20 feet on each side. Rear Yard: 30 feet. A = 50% of the buildina heiaht. but not less than 15 feet. B = 50% of the buildina heiaht. but not less than 30 feet. C = 50% of the buildina heiaht. but not less than 25 feet. D = 50% of the buildina heiaht. but not less than 25 feet. Structures 50 feet or more in heiaht = 25 feet plus one additional foot of setback for each foot of buildina heiaht over 50 feet. E = the total of all side yard setbacks shall eaual 20% of the lot width. with a maximum of 50 feet. No side yard shall be less than 10 feet. Alternative dimensions may be possible when approved throuah a unified plan of development involvina one or more lots under common ownership where the yard reauirements are met for the unified site but not necessarilv for each parcel within the unified site. F = the yard reauirements shall be eaual to the most restrictive adioinina district. x = for principal structures: 50 feet from all property lines: for accessory structures: 25 feet from all property lines. B. Usable open space shall include active and passive recreation areas such as playgrounds, golf courses, beach frontage, waterways, lagoons, flood plains, nature trails, and other similar open spaces. open space areas shall also include those areas set aside for preservation of native vegetation and landscaped areas. Open water area beyond the perimeter of the site, street rights-of-way, driveways, off-street parking areas, and off-street loading areas shall not be counted in determining usable open space. SUBSECTION 3.Q. AMENDMENTS TO SECTION 4.02.23 Design Standards for Development in Activity Center #9 Zoning District Section 4.02.23 Design Standards for Development in Activity Center #9 Zoning District, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.02.23 Design Standards for Development in Activity Center #9 Zoning District * * * * * * * * * * * * D. LandscafJe buffers adjacent to road riahts-of-wav. In addition to the requirements for a Tvpe D buffer. the followinq requirements shall applv: Page 44 of 170 Words streak tMettgh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 1. Landscape buffers adiacent to Collier Boulevard. S.R. 84. (Davis Boulevard and Beck Boulevard) and within 400 linear feet of 1-75 riaht-of-wav line: a. Shall measure a minimum of 25 feet in width. b. The required number of trees shall be supplemented bv an additional palm tree plantinq in the amount of 25 percent. c. Undulatinq beds of ornamental qrasses and/or qround cover beds shall be incorporated for at least 30 percent of the required buffer strip area. d. All required trees shall be a minimum of 12 feet in heiqht. e. Where industrial land uses abut 1-75. an eiqht-foot hiqh unified. opaque. masonry wall is required. Landscape buffers shall be placed alonq the street side of said wall. The wall shall be located at the edqe of the landscape buffer farthest from the propertv line. 2. Landscape buffers adjacent to all other public streets: a. Shall measure a minimum of 15 feet in width. b. Undulatinq beds of ornamental qrasses and qround cover beds shall be incorcorated for a least 25 percent of the required buffer strip area. c. All required trees shall be a minimum of 12 feet in heiqht. 3. Landscape buffers. siqnaqe and liqhtinq fixtures in residential areas shall feature a unified desion at point of inqress/eqress. 0. E. Lighting fixtures and signage within the Activity Center #9 shall be designed to complement the architectural themes of this overlay district. Lighting shall also be subject to the requirements pursuant to section 5.05.08 regardless of the gross building area. SUBSECTION 3.R. AMENDMENTS TO SECTION 4.03.02 Applicability Section 4.03.02 Applicability (Plats), of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.03.02 Appli cability It shall be unlawful for any person to transfer, sell, or otherwise convey, to sell any land by reference to, exhibition of, or other use of, a plat of a subdivision of such land without having submitted a final subdivision plat of such land for approval to the BCC as required by this section and without having recorded the approved final subdivision plat as required by this section. Any division of land meetin9 the definition of subdivision which is not otherwise exempt bv this section shall require the filinq of a subdivision plat in accordance with the requirements of Section 10.02.04 of this code. SUBSECTION 3.S. AMENDMENTS TO SECTION 4.05.04 Parking Space Requirements Page 45 of 170 Words strnek tIHouga are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Section 4.05.04 Parking Space Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.05.04 Parking Space Requirements A. Requirements for off-street parking for uses not specifically mentioned in this divicjon section shall be the same as for the use most similar to the one sought, or as otherwise determined by the County Manager or designee pursuant to 4.05.04 of this LDC it being the intent of this LDC to require all uses to provide off-street parking, unless specific provision is made to the contrary. B. Measurement. Where this LDC requires off-street parking based on various types of measurements, the following rules shall apply: 1. Floor area means, for the purposes of this section only, the gross floor area inside the exterior walls, unless otherwise specifically indicated. 2. In hospitals, bassinets do not count as beds. 3. In stadiums, sports arenas, houses of worship, and other places of public assembly where occupants utilize benches, pews, or other similar seating arrangements, each twenty-four (24) lineal inches of such seating facilities count as one (1) seat. 4. Where the parking requirements are based on number of employees or persons employed or working in an establishment and the number of employees increases after the building or structure is occupied, then the amount of off-street parking provided must be increased in ratio to the increase of the number of employees. 5. When units of measurements determining number of required off- street parking spaces result in a requirement of a fractional space, then such fraction equal or greater than one-half (t-1I2) shall require a full off-street parking space. SUBSECTION 3. T. AMENDMENTS TO SECTION 4.06.01 Trees and Vegetation Protection Section 4.06.04 Parking Space Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION 4.06.01 Generally. A. Purpose and Intent * * * * * * * * * * * 2. Buffering and Screening. The purpose and intent of establishing landscape buffering and screening is to: * * * * * * * * * * * j. Promote water conservation by encouraging the use of native and drought-tolerant vegetation and properly zoned irrigation systems through xeriscape. Page 46 of 170 Words stfliek ilifeugfi. are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 k. In order to minimize negative effects between adjacent land uses, this divioion section promotes the use of landscape buffers and screens to eliminate or minimize potential nuisances such as dirt, litter, noise, lights, unsightly buildings and structures, and off-street parking and loading areas. Additionally, buffers and screens provide spacing and landscaping to reduce potentially adverse impacts of noise, odor, or lighting. buffering refers to a strip of land separating adjacent land uses, whereas screening refers to fences, walls, berms, trees, shrubs, or a combination of these screening devices on the buffer strip. * * * * * * * * * * E. Landscaping Plans Required * * * * * * * * * * 3. The landscape architect must inspect and certify that all open space area. landscapina and the irriaation svstem are in substantial compliance with the landscape and irriaation plans approved as part of the development order. Insubstantial chanaes to an approved landscape plan shall be approved throuah the Insubstantial Chanae process. SUBSECTION 3.U. AMENDMENTS TO SECTION 4.06.03 Landscaping Requirements for Vehicular Use Areas and RIGHTS-OF-WAY Section 4.06.03 Landscaping Requirements for Vehicular Use Areas and RIGHTS-OF-WAY, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.06.03 Landscaping Requirements for Vehicular Use Areas and RIGHTS- OF-WAY A. Applicability. The provisions of this section shall apply to all new off-street parking or other vehicular use areas. Existing landscaping which does not comply with the provisions of this Code shall be brought into conformity to the maximum extent possible when: the vehicular use area is altered of expanded except for re:striping of lots/drives, the building square footage is changed, or the structure has been vacant for a period of 90 days or more and a request for an occupational license to resume business is made. These provisions shall apply to all developments with the exception of single-family, two-family, mobile home dwelling unit, raw water wells. and dwellings on individually platted lots. Any appeal from an administrative determination relating to these regulations shall be to the board of zoning appeals or equivalent. Prior to issuing occupancy permits for new construction, implementation and completion of landscaping requirements in off-street vehicular facilities shall be requires. Where a conflict exists between the strict application on this divioion Chapter/section and the requirements for the number of off-street parking spaces or area of off-street loading facilities, the requirements of this section shall apply. B. Standards for landscaping in vehicular use areas. * * * * * * * * * * 3. Green space required in shopping centers and freestanding retail establishments with a floor area greater than 40,000 square feet. An area that is at least seven percent of the size of the vehicular use areas must be developed as green space within the front yard(s) or courtyards of shopping centers and retail establishments and must be in addition to the building perimeter planting area requirements. The courtyards must only be located in areas that are likely to be used Page 47 of 170 Words stroek tflrßHbR are deleted, words underlined are added 1 by pedestrians visiting the shopping center and retail establishment. 2 The seven percent green space area must be in addition to other 3 landscaping requirements of this division section, may be used to 4 meet the open space requirements (section 4.02.01), and must be 5 labeled "Green Space" on all subdivision and site plans. (Refer to 6 section 5.05.08, Architectural and Site Design Standards and 7 Guidelines for Commercial buildings and Projects.) The interior 8 landscape requirements of these projects must be reduced to an 9 amount equal to five percent of the vehicular use area on site. Green 10 space must be considered areas designed for environmental, scenic 11 or noncommercial recreation purposes and must be pedestrian- 12 friendly and aesthetically appealing. Green space may only include the 13 following: lawns, mulch, decorative plantings, non-prohibited exotic 14 trees, walkways within the interior of the green space area not used 15 for shopping, fountains, manmade watercourses (but not water 16 retention areas), wooded areas, park benches, site lighting, 17 sculptures, gazebos, and any other similar items that the planning 18 service director deems appropriate. Green space must incl ude: 19 walkways within the interior of the green space area not used for 20 shopping, a minimum of one foot of park bench per 1,000 square feet 21 of building area. The green space area must use existing trees where 22 possible and landscaping credits will be allowed as governed by table 23 4.06.04 D. The green space areas must be located in areas that are in 24 close proximity to the retail shopping area. Benches may also be 25 located in interior landscaped areas and 75 percent of the benches 26 may be located adjacent to the building envelope along paths, 27 walkways and within arcades or malls. 28 29 30 31 SUBSECTION 3.V. AMENDMENTS TO SECTION 4.06.04 Trees and 32 Vegetation Protection 33 34 Section 4.06.04 Trees and VEGETATION Protection, of Ordinance 04-41, 35 as amended, the Collier County Land Development Code is hereby amended 36 to read as follows: 37 38 4.06.04 Trees and Vegetation Protection 39 A. Vegetation Removal and Site Filling: 40 41 1. Clearing of woody vegetation requires a Vegetation Removal 42 Permit or Vegetation Removal and Site Filling Permit unless 43 exempted by section 3.05.02. The Vegetation Removal Permit 44 process is governed by section 3.05.04. 3.05.05. 45 46 a. Permitted removal of vegetation or site filling with an 47 approved Vegetation Removal and Site Filling Permit 48 (VRSFP), Site Development Plans (SDP) or Plat and 49 Construction Plans (PPL) 50 51 i. For individual sino Ie familv lots or blocks of lots 1) a 52 completed buildina permit application must be submitted 53 and deemed sufficient bv Collier County. 2) all necessarv 54 current state and Federal environmental permits must be 55 obtained. If these two items are fulfilled. a VRSFP must be 56 obtained prior to removal of this veaetation. 57 58 ii To allow for safety during tree removal, if a developer 59 owns contiguous single-family lots, the trees on the 60 single family lots directly adjacent to a lot where a 61 house is under construction may be removed, if Page 48 of 170 Words stmek tMol:lgh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 removal at a future date may be a danger to life or property. A VRSFP must be obtained prior to removal of this vegetation. Hi. A developer will be permitted to clear up to .2é 100 acres of residential, commercial, or industrial lots or building sites to store excess fill generated by lake excavations within the PUO or project where the excavation is taking place when the following information has been submitted and approved with the SOP or PPL. Fill dirt mav be imported on to the site if there is no excess lake material Qenerated on site. Imported fill dirt mav be used towards the lot preparation of not more than 50 acres. per section 4.06.04.A.1.a.iii.c. a) Plat and Construction Plans: Clearing for the construction of the infrastructure, such as road rights- of-way, and drainage and utility easement areas shall be approved on site clearing plans within that phase of approved residential, commercial or industrial Plat and construction Plans. Clearing of individual lots or blocks of lots may be approved. i) The limits of each separate stockpile must be clearly delineated and the area, height. cross- section, and volume of each individual stockpile must appear on the drawing referenced to the stockpile. Slopes must not be steeper than a ratio of 4:1. ii) The type of vegetation to be removed must be shown on the drawing. iii) The source of the material, such as lake number (lake #) for each stockpile must be indicated on the drawing and the amount of material excavated must justify the need to clear the proposed area. b) Site Development Plans (SDPs) and Site Improvement Plans (SIPs): i) Commercial and industrial: Clearing for all infrastructure improvements and for building pads shall be approved on the SOP or SIP site clearing plans. Ii) Residential SDPs: Clearing for the construction of the infrastructure, such as road rights-of-way, and drainage and utility easement areas shall be approved on SDP clearing plans Clearing of individual lots or blocks of lots may be approved. iii) Preliminarv Clearing and Excavation Permits (PCEP): Once the environmental review is complete and approved. the aDDlicant may submit for a PCEP to allow for earlv clearing. excavation. and earthwork as per the work limits that are shown on the aDDlicant's site plan. All requirements of Section 3.05.05.C.1. must be met. Page 49 of 170 Words streak tŒeugh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 iiij ß1 The limits of each separate stockpile must be clearly delineated and the area, height, cross- section, and volume of each individual stockpile must appear on the drawing referenced to the stockpile. Slopes must not be steeper than a ratio of 4:1. i.y} ~ The type of vegetation to be removed must be shown on the drawing. Y} ~ The source of the material, such as lake number (lake #) for each stockpile must be indicated on the drawing and the amount of material excavated must justify the need to clear the proposed area. c) A portion of the ~ 100 acres may be used to bring building lots to desired construction elevations. The area used to prepare lots shall not exceed .w 50 acres and those lots shall immediately be stabilized and seeded, to prevent erosion and exotic seed infestation. A separate VRSFP may also be obtained after SDP or PPL approval prior. iv. No VRSFP will be issued without first submitting copies of all required approved agency permits, regardless of whether the permit is for clearing and filling or simply filling a site. v. When a VRSFP authorizing up to ~ 100 acres of clearing and filling is nearing capacity, permission to clear and fill up to an additional ~ 100 -acres to use excess lake material may be applied for with a new VRSFP application. vi. A VRSF P will be issued to authorize greater than ~ 100 acres of residential, commercial, or industrial lots to store excess fill generated by lake excavations within the PUD or project where the excavation is taking place, when the property used for storing excess fill has been previously cleared or has greater than 75% canopy of exotics. vii. Revegetation: For VRSFPs within subdivisions, a revegetation bond in the form of a performance bond, letter of credit, or cash bond and in the amount of $5,000.00 per acre must be posted. a) When fill is used to bring building lots to desired construction elevations those lots shall immediately be seeded, to prevent erosion and exotic seed infestation. b) All fill areas for lots or stockpiles must have erosion control silt fencing. c) Any stockpile in place for more than six months must be sodded or hydroseeded. Failure to do so within 14 calendar days of notification by the county will result in a fine of $10.00 per acre, per day. Page 50 of 170 Words struelc through are deleted, words underlined are added 1 2 3 4 5 6 7 8 d) In the event that any portion of the stockpile is in place for greater than 18 months, the county will order the fill to be removed and the land to be revegetated. The density and type of revegetation must mimic nearby ecosystems, and must not be less than 64 trees per acre with associated mid-story and groundcover. 9 2. BCC Approved Vegetation Removal and Site Filling Permit Procedures. 10 An applicant can seek approval by the Board of County Commissioners 11 for a Board approved Vegetation Removal and Site Filling Permit 12 (VRSFP) for a site that exceeds current thresholds contained in the Land 13 Development Code. To be granted a Board Approved VRSFP, the 14 applicant must demonstrate to the Board, through a Schedule of 15 Development Activities, that the project will be completed in a 16 reasonable amount of time so as to minimize noise, dust, blasting, traffic, 17 and inconvenience to the neighboring and general public. All criteria in 18 4.06.04 A.1.a that applies to the administrative VRSFP, shall also apply 19 to the BCC approved permit. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 8. Protooticm of native vegetation on ooaotal barriere. Native vegetaticiIA rotontion or revogotation ehall bo in oomplianoe with tho requiremont!> of ()Cotion d.Oe.07 and chall inoorporat£) at a miniFrlum tho preGorvation and rovogotation ctandardc as follows: 1. Nati\'e ·¡egetation chall bo precorved te tho maximuFrI oxtont possible. To the oxtent that nath'e ':egetatien oannot be rotainod on site and the remaining nati....e vegetation oon be supplomented without dograding or damaging ita natural funotion, then the existing native '.'egetation sholl be supplemented with oompatible 'legetation on site. 2. ^" boachfront land de'Jelopment prejootG ehall be roquirod to revegetate the dune where the dURe is devoid of ooaotal dune vegetation. 3. ^"Iand de'¡elopment projeotE: ohall provide 100 peroent native Southern Floridian speoieo within their roquired landooaping and ßloIffering standarde as eotabliched within thic seotion 1.06.00. 1. /\ppropriate ooastal dune or otrand vegetation Ghall be required as the only stabilizing medium in any ooaotal barrier dune or otrand vegetation reGtoration program. g.. B. Credit for Tree Preservation. Existing trees may be credited towards meeting the minimum tree planting requirements according to the formula in table 4.06.04 g,. .!L.:...1. Fractional measurements shall be attributed to the next lowest category. Table 4.06.04 g,. B. - 1. Calculation Of Tree Preservation Credits Existing Crown Spread of or Diameter of Tree at 4.5 Feet Above = Number of Preserved Trees Natural Grade Tree Credits 50 feet or qreater or 26 inches or qreater = 3 40 to 49 feet or 20 to 25 inches = 2 30 to 39 feet or 13 to 19 inches = 2 20 to 29 feet or 8 to 12 inches = 1* 1 0 to 19 feet or 2 to 7 inches = 1* Less than 10 feet or 1 1/2 to 2 inches = 1* 52 'Credited against equivalent required tree only. Page 51 of 170 Words struek threagk are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 142 143 144 , 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 1. Trees excluded from preservation credit. No credit shall be given for preserved trees which: a. Are not located within the areas of the property for which trees are required by the Code; b. Are located in required natural preservation areas indicated on an approved master land use plan, site development plan or plat; c. Are required to be preserved by federal, state or local law, such as mangroves; d. Are not properly protected from damage during the construction process, as provided in section 4.06.05 C.1 0.; e. Are prohibited species identified in section 4.06.05 C.8.; f. Are dead, dying, diseased, or infested with harmful insects; g. Are located in recreation tracts, golf courses or similar subareas within planned developments which are not intended to be developed for residential, commercial or industrial use (unless abutting said use, and the required buffer width is dedicated on the plat as a landscape buffer easement); or h. Are not located within the boundaries of the parcel. * * * * * * * * * * * SUBSECTION 3. W. AMENDMENTS TO SECTION 4.06.05 General Landscaping Requirements Section 4.06.05 General Landscaping Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.06.05 General Landscaping Requirements * * * * * * * * * * B. Landscaping requirements for industrial and commercial development. * * * * * * * * * * * 6. Raw water well landscapinq requirements. Screeninq and bufferinq requirements are to be limited to the area surrounding the raw water well installation. including appurtenances such as security fencinq. wall or well house. Canopv trees. as described in Section 4.06.05 8.1.. will not be required. Where equipment such as generators and antennas are visible above the surroundinq fences or walls. trios of sabal palms with a minimum clear trunk heiqht of 8-12 feet must be planted 30" on center. Surroundinq fences or walls must have. at a minimum. ten (10) qallon shrubs. four (4) feet tall at time of plantinq. placed four (4) feet on center alonq the exterior perimeter of the surroundinq fence or wall. Stand alone well houses without perimeter fences or walls must have, at a minimum. two (2) rows of three (3) gallon shrubs. two (2) feet tall at time of plantinq. placed three (3) feet on center and offset between rows. In all cases. mature vegetation must provide an eiqhtv (80) percent sight-obscurinq screen equal to seventv-five (75) percent of the heiqht of the fencinq or wall. as applicable. Page 52 of 170 Words stF1:1el¡ tàr8ag}¡ are deleted, words underlined are added 1 2 a. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 b. 19 20 21 22 23 c. 24 25 26 27 28 129 c. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Native plant material must be used. to the maximum extent practicable. to meet the screenina and bufferina reauirements of this sub-section and the chosen plant materials must be consistent with existina native veaetation found on or near the raw water well site. with the followina exceptions: i. for anv disturbed area reauired to construct a raw water well that is eaual to or areater than fifteen (15) feet from the edae of a well house or other structure. the disturbed area may be planted with a drouQht resistant sod. such as Bahia: or ii. for anv disturbed area required to construct a raw water well that is less than fifteen (15) feet from the edae of a well house or other structure. the disturbed area may be covered with a sufficient depth of around cover such as oraanic mulch. shell or similar pervious material. Irriaation must be provided to ensure the establishment of installed plant materials and maintenance of said plant materials in perpetuity. The irriQation water may be provided bv either a mechanical sYStem. usina raw or potable water. or bv truck delivery and/or hand application. The owner. or his aQent. shall be responsible for the maintenance. repair and replacement of all plant materials required bv the provisions of this section. If required plant material dies. it is the responsibilitv of the owner to replace it with plant material of the appropriate class within thirtv (30) days. Plant Material Standards. 1. Quality. Plant materials used to meet the requirements of this section shall meet the standards for Florida No. 1 or better, as set out in Grades and Standards for Nursery Plants, part I and part II, Department of Agricultural, State of Florida (as amended). Root ball sizes on all transplanted plant materials shall also meet state standards. !:. At least 75 percent of the trees and 50 percent of the shrubs used to fulfill these requirements shall be native Southern Floridian species, as determined by accepted valid scientific reference. For sites that are north and east of U.S. Highway 41, at least 35 percent of the shrubs used to fulfill these requirements shall be native Floridian species, as determined by accepted valid scientific reference. "Native Trees and Shrubs for Collier County List" is available for reference. For proposed land development projects on coastal shorelines and/or undeveloped and developed coastal barrier islands, all required landscaping shall be 100 percent native Southern Floridian species. b. In addition, for all sites, at least 75 percent of the trees and shrubs used to fulfill these requirements shall be drought-tolerant species as listed in the Xeriscape Plant Guide and Native Trees and Trees for South Florida (IFAS). Reference to be used in the native determination may include, but not be limited to: Long, R.W., and O. Lakela, 1976. A Flora of Tropical Florida. Small, J.K., 1933. A Manual of the Southeastern Flora. Page 53 of 170 Words stroek tkTeligfl are deleted, words underlined are added 1 2 3 4 5 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Wunderlin, R.P., 1982. Guide to the Vascular Plants of Central Florida. £:. Where xeric plants are to be utilized, use the South Florida Water Management District, Xeriscape Plant Guide (as amended) as a reference. 3. Trees and palms. All required new individual trees, shall be species having an average mature spread or crown of greater than 20 feet in the Collier County area and having trunk(s) which can be maintained in a clean condition over five feet of clear wood. Trees adjacent to walkways, bike paths and rights-of-way shall be maintained in a clean condition over eight feet of clear wood. Trees having an average mature spread or crown less than 20 feet may be substituted by grouping the same so as to create the equivalent of 20-foot crown spread. For code-required trees, the trees at the time of installation shall be a minimum of 25 gallon, ten feet in height, have a 1 3/4-inch caliper (at 12 inches above the ground) and a four-foot spread. !.:. A grouping of three palm trees will be the equivalent of one canopy tree. Exceptions will be made for Roystonea spp. and Phoenix spp. (not including roebelenii) which shall count one palm for one canopy tree. Palms may be substituted for up to 30 percent of required canopy trees with the following exceptions. No more than 30% of canopy trees may be substituted by palms (or palm equivalent) within the interior of a vehicular use area and within each individual Type D road right-of-way landscape buffer. Palms must have a minimum of ten feet of clear trunk at planting. b. All new trees, including palms, shall be of a species having an average mature height of 15 feet or greater. * * * * * * * * * * 8. Site-specific plant material. Trees and other vegetation shall be planted in soil and climatic conditions which are appropriate for their growth habits. The County Manager or his designee shall review and approve land plans based on the following criteria. Required plants used in the landscape design shall be: a. Appropriate to the conditions in which they are to be planted (including drought, salt and cold tolerance). b. Have noninvasive growth habits. c. Encourage low maintenance. d. Be otherwise consistent with the intent of this divioion section. * * * * * * * * * * 12. For a descriotion of olants utilized for mitigation. olease see Section 10.02.06 E.3.c. 12. P!antÐ 6/sod for Mftig:Jtion :JÐÐordiAg to tho fJrooooo:os sot out in Ch:JfJtors 4 and 10. a. /\11 plants used for mitigation shall bo nativo Florida spocioo. b. /\11 plants UGod for mitigation ohall bo from a logal sourco and bo gradod Florida No. 1 or bottor, as gradod by tho Florida Page 54 of 170 Words struelc tMo\igll are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 K. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 DopmtmoAt of !\grioultbJro and ConsbJI'Ror Sorvioos' Gmaos and Stamlards for NuFSOry PlantE) (Charlos S. Bush, 1973, Part 1 and 2). .\11 plaRts not listod in GraElos aAd StcmElards for Nursery PlantE: shall oonform to a Floriaa NO.1 ac to: (1) hoalth anel vitality, (2) oondition of foliago, (3) root syctom, (1) frooElOrR from post or moohanioal damago, (5) hoavily branohod and donsely foliatod aooording to tho aoooptGd nQrmal chapo€) of tho s[Jooioo or sport. TroOE: Ghall bo a minil'Ru!'R of 14 foet tall at tho ti!'RO of plantiA§ and Ghall havo a mini!'RbJrR aeh (Eliameter at breast height) of throo inohoE:. o. Tho plants propoGod for planting !'Rust bo to!'Rpomturo tolorant to tho aroaG thoy arc to bo plantod in. Tho South Floriaa Wator M::magomont Dictriot'G Xoriscapo Plant Guido II shall bo usod in dotor!'RininQ tho to!'RpeFaturo toloranoes of the plantE:. d. Tho oxisting Goil typos shall eo idontifioeJ. Plants proposod for planting shall eo cO!'Rpatible '.'lith tho soil typo. TRO 19ã4 or tho 1992 Goil Guryoy of Collier COl::Jnty shall bo UGGGI tQ dotermino if tho plants proposod for planting aro compatible with tho oxiDting or propoÐoEl Doil typeD. o. Tho SOl::JrDO and mothod of pFO>:iGlin§ viator to tho plcmtD shall bo indicatoEl on tho plaA ana Ðubjoot to roviow ana appro'/a!. f. II, progFam to control prøhieiteEl exøtis '.'egetatioR in tho mitigation arca Ghall bo roquirod. * * * * * * * * * * Irrigation system requirements. 1. Cultivated landscapes. Cultivated landscape areas shall be provided with an automatic irrigation system to improve the survivability of the required landscaping. Sprinkler heads irrigating lawns or other high water demand areas shall be zoned separately from those irrigating trees, shrubbery, ground cover, flowers, or other reduced water requirement areas. Automatically controlled irrigation systems shall be operated by an irrigation controller that is capable of watering "high water" requirement areas at different frequencies and duration than "low water requirement areas. Landscaping shall be watered on an as- needed basis only. Irrigation systems shall be designed for the zoning of high and low water use areas. Heads shall be designed for 100 percent head-to- head coverage unless specified by the manufacturer. These requirements may be adjusted for retention areas. The irrigation system shall be designed and installed in accordance with the Florida Irrigation Society, Standards and Specifications for Turf and Landscape Irrigation Systems (as amended). Irrigation systems utilizing well water shall be designed and maintained in a manner which eliminates staining of the building, walks, walls, and other site improvements. All systems shall be designed to eliminate the application of water to impervious areas. Irrigation systems, other than drip or soaker hose systems, shall be operated between the hours of midnight and 10:00 a.m., unless the operation of multiple zones requires additional time. South Florida Water Management District (SFWMD) or other utility company water use restrictions shall supersede these requirements. There are no operational requirements for irrigation systems utilizing effluent. All new residential, commercial, and industrial developments shall be Page 55 of 170 Words struek åH'sl:igà. are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 irrigated by the use of an automatic irrigation system with controller set to apply water in a manner consistent with this Gli'lision section. Moisture detection devices shall be installed in all automatic sprinkler systems to override the sprinkler activation mechanism during periods of increased rainfall. Where existing irrigation systems are modified requiring the acquisition of a permit, automatic activation systems and overriding moisture detection devices shall be installed in compliance with this section. L. Post-installation landscaDe certificate of comDliance. All Droiects which require the submission of landscaDe Dlans bv a reqistered LandscaDe Architect must be insDected and certified that the landscaDing and irriqation systems meet or exceed the landscaDe and irriqation Dlans aDDroved bv the County as Dart of the develoDment order review Drocess. Proof of certification shall be Drovided on a form aDDroved bv the County Manaqer or his desiqnee and must be submitted to the Enqineerinq Services DeDartment Director Drior to the request for County insDection. This requlation aDDlies to Droiects submitted after rthe effective date of this ordinancel. SUBSECTION 3. X. AMENDMENTS TO SECTION 4.08.00 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES Section 4.08.00 Rural Lands Stewardship Area Zoning Overlay District Standards and Procedures, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.08.0 0 Rural Lands Stewardship Areas Zoning Overlay District Standards and Procedures 4.08.01 Specific Definitions Applicable to the RLSA District As used in the RLSA District Regulations, the terms below shall have the following meanings, set forth below, to the exclusion of any meanings ascribed to such terms in section 1.08.00: * * * * * * * * * * * * L. Incidental Clearinq - Clearinq of no more than 1 % of the area of an SSA. which is conducted to accommodate the ability to convert from one Ag 1 use to another Aq 1 use and which connects existing Aq 1 acres. squares UD existing Aq 1 farm fields. or Drovides access to or from Aq 1 areas. b M. Landmark building. A prominent civic or institutional building that creates a significant community feature, focal point, or terminating vista. M N. Land Use - Land Cover Indices. One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon land use and land cover characteristics as mapped using the Florida Land Use, Cover, and Forms Classification System (FLUCCS) (FLUCFCS) (FDOT 1999). For purposes of assigning values, land use and land cover codes are grouped as follows: Group 1 (Codes 617, 6172, 621, 6218, 6219, 624, 630, 641, 643); Group 2 (Codes 321, 411, 4119,425,434,439,428); Group 3 (211, 212, 213, 214, 221, 222, 241, 242, 243, 250, 260, 261, 310, 329, 330, 422, 510, 521, 523, 533, 534); and Group 4 (all others). N Q. Land Use Layer (Layer). Permitted and conditional land uses within the Baseline Standards that are of a similar type or intensity and that are grouped together in the same column on the Land Use Matrix. Page 56 of 170 Words struek tfli'eligh are deleted, words underlined are added 1 G .E. Land Use Matrix (Matrix). The tabulation of the permitted and 2 conditional land uses within the Baseline Standards set forth in Section 4.08.06 3 B.4., with each Land Use Layer displayed as a single column. 4 5 P. Q. Listed Species Habitat Indices. One of the indices comprising the 6 Natural Resource Index Value, with values assigned based upon the habitat value 7 of the land for listed species. Index values are based on documentation of occupied 8 habitat as established by the intersect of documented and verifiable observations of 9 listed species with land cover identified as preferred or tolerated habitat for that 10 species. Land mapped, using FLUCCS FLUCFCS, as 310, 321, 411,425,428,434, 11 617, 6172, 621, 6218, 6219, 624, and 630 is deemed to be preferred or tolerated 12 habitat for panthers for the purpose of assigning a value for these indices. An 13 intersection of at least one data point establishing the presence of a listed species 14 within a geographic information system (GIS) polygon of preferred or tolerated 15 habitat for that species shall result in the entire polygon being scored as occupied 16 habitat. 17 18 Q B. Natural Resource Index (Index). A measurement system that 19 establishes the relative natural resource value of each acre of land by objectively 20 measuring six different characteristics of land and assigning an index factor based 21 on each characteristic. The sum of these six factors is the Index value for the land. 22 The six characteristics measured are: Stewardship Overlay Delineation, Proximity, 23 Listed Species Habitat, Soils/Surface Water, Restoration Potential, and Land 24 Use/Land Cover. 25 26 ~ §.. Natural Resource Index Map Series (Index Maps). The Rural Lands 27 Study Area Natural Resource Index Map Series adopted as part of the GMP. 28 29 S I· Natural Resource Index Value (Index Value). The sum of the values 30 assigned to each acre, derived through the calculation of the values assigned to 31 each of the six (6) characteristics included in the Index. 32 33 :¡: y. Neighborhood Edge. A defining Context Zone that includes the least 34 intensity and diversity within the town, village or hamlet. The zone is predominantly 35 single-family residential and recreational uses. The Neighborhood Edge may be 36 used to provide a transition to adjoining rural land uses. 37 38 Y Y... Neighborhood General. A defining Context Zone that creates 39 community diversity with the inclusion of a mix of single and multi-family housing, 40 neighborhood scale goods and services, schools, parks and other recreational uses, 41 and open space. 42 43 ¥ W. Neighborhood Goods and Services Zone. Zone located within the 44 Neighborhood General Context Zone. These zones are intended to provide 45 convenient neighborhood scale retail and office use within proximity to the 46 residential uses in order to support community walkability. 47 48 W ð;. Open space. Open space includes active and passive recreational 49 areas such as parks, playgrounds, ball fields, golf courses, lakes, waterways, 50 lagoons, flood plains, nature trails, native vegetation preserves, landscape areas, 51 public and private conservation lands, agricultural areas (not including structures), 52 and water retention and management areas. buildings shall not be counted as part 53 of any open space calculation. Vehicular use surface areas of streets, alleys, 54 driveways, and off-street parking and loading areas shall not be counted as part of 55 any open space calculation. 56 57 X y. Pathway. A defined corridor for the primary use of non-motorized 58 travel. 59 60 ¥ ~. Post Secondary Institution Ancillary Uses. Any use or facility owned by 61 a public or private post secondary institution that is of a type commonly found on 62 public or private post secondary institution campuses. Page 57 of 170 Words stfllek tht-eugh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 ~ AA. Proximity Indices. One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon the proximity of the land to areas designated on the RLSA Overlay Map as FSA, HSA, or WRA and to either public or private preserve lands. No additional value shall be added under the Proximity Indices for land that is within an FSA, HSA, WRA, or public or private preserve. M BB. Restoration Potential Indices. One of the indices comprising the Natural Resource Index Value of land, with values assigned based both upon the potential for restoration and the historic use or character of the land as a large mammal corridor, connector wetlands and flow way, wading bird habitat, or other listed species habitat. ßß CC. Restoration Zone. Privately owned lands delineated on the RLSA Overlay Map that are located within 500 feet of an FSA, but are not otherwise included in an HSA or WRA. GG DD. RLSA District. Rural Lands Stewardship Area Zoning Overlay District. The area generally depicted on the Future Land Use Map and specifically depicted on the Official Zoning Atlas Map as the Rural Lands Stewardship Area Overlay, including lands within the Immokalee Area Study boundary of the Collier County Rural and Agricultural Area Assessment referred to in the State of Florida Administration Commission Final Order No. AC-99-002. The RLSA District generally includes rural lands in northeast Collier County lying north and east of Golden Gate Estates, north of the Florida Panther National Wildlife Refuge and Big Cypress National Preserve, south of the Lee County Line, and south and west of the Hendry County Line. 00 EE. RLSA Overlay Map. The map entitled "Collier County Rural & Agricultural Area Assessment Stewardship Overlay Map," which identifies those areas delineated as FSA, HSA, WRA, Restoration Zone, and Open. ééFF. RLSA District Regulations. LDC Section 4.08.00. F-¡;. GG. Soils/Surface Water Indices. One of the indices comprising the Natural Resource Index Value of land, with values assigned based upon soil types classified using the following Natural Soils Landscape Positions (NSLP) categories: Open Water and Muck Depression Soils (NSLP Categories 1 and 5); Sand Depression Soils (NSLP Category 6); Flats Soils (NSLP Category 7); and Non- Hydric Soils (NSLP Categories 8, 9, and 11). GG HH. Special Districts. An area dedicated for certain uses that cannot be incorporated into one of the Context Zones. Special Districts provide for the inclusion of unique uses and development standards not otherwise defined in a context zone. Hl=I!!. SRA - Stewardship Receiving Area. A designated area within the RLSA District that has been approved for the development of a Hamlet, Village, Town or CRD and that requires the consumption of Stewardship Credits. U JJ. SSA - Stewardship Sending Area. A designated area within the RLSA District that has been approved for the generation of Stewardship Credits in exchange for the elimination of one or more Land Use Layers. JJ KK. Stewardship Credit (Credit). A transferable unit of measure generated by an SSA and consumed by an SRA. Eight credits are transferred to an SRA in exchange for the development of one acre of land as provided in Section 4.08.06 B. KK LL. Stewardship Credit Database. A database maintained by the County that keeps track of all of the credit transactions (generation of Credits Page 58 of 170 Words stmøk tflrOI:lgR are deleted, words underlined are added 1 through SSA designation and the consumption of credits through SRA designation} 2 approved by the County. 3 4 kb MM. Stewardship Credit System. A system that creates incentives to 5 protect and preserve natural resources and agricultural areas in exchange for the 6 generating and use of credits to entitle compact forms of rural development. The 7 greater the value of the natural resources being preserved and the higher the 8 degree of preservation, the greater the number of credits that can be generated. 9 Credits are generated through the designation of SSAs and consumed through the 10 designation of SRAs. 11 12 MM NN. Stewardship Credit Worksheet. An analytical tool that manually 13 describes the Stewardship Credit calculation process including the Natural 14 Resource Index and Land Use Layer components. The worksheet can be used to 15 document proposed changes to the Index component during the SSA and SRA 16 designation processes. 17 18 NW 00. Stewardship Overlay Designation. One of the indices 19 comprising the Natural Resource Index Value of land, with values assigned based 20 upon the designation of the land on the RLSA Overlay Map as FSA, HSA, WRA, or 21 ACSC, or, where Land Use Layers 1 through 3 are removed, Restoration Zone. 22 Land that is designated as ACSC, as well as FSA, HSA, or WRA shall receive value 23 for the designation with the higher value but shall not receive value for both 24 designations. 25 26 00 PP. Story. That portion of a building included between a floor 27 which is calculated as part of the building's habitable floor area and the floor or 28 roof next above it. 29 30 pp. QQ. Story, half. The designation of a space on the upper level of a 31 building in which the walls at the eaves are zero to four feet. 32 33 QQ RR. Town. Towns are a form of SRA and are the largest and most 34 diverse form of SRA, with a full range of housing types and mix of uses. Towns 35 have urban level services and infrastructure which support development that is 36 compact, mixed use, human scale, and provides a balance of land uses to reduce 37 automobile trips and increase livability. Towns are comprised of several Villages 38 and/or neighborhoods that have individual identity and character. 39 40 RR SS. Town Center. A defining Context Zone that is intended to 41 provide a wide range of uses, including daily goods and services, culture and 42 entertainment, and residential uses within a Town. The Town Center is an extension 43 of the Town Core, however the intensity is less as the Town Center serves as a 44 transition to surrounding neighborhoods. 45 46 SS TT. Town Core. A defining Context Zone within a Town. The Town 47 Core is the most dense and diverse Context Zone with a full range of uses. The 48 Town Core is the most active area within the Town with uses mixed vertically and 49 horizontally. 50 51 :¡::¡:: UU. Village. Villages are a form of SRA and are primarily residential 52 communities with a diversity of housing types and mix of uses appropriate to the 53 scale and character of the particular village. Villages are comprised of residential 54 neighborhoods and shall include a mixed-use village center to serve as the focal 55 point for the community's support services and facilities. 56 57 W W. Village center. A defining Context Zone within a Village that is 58 intended to provide a wide range of uses including daily goods and services, culture 59 and entertainment, and residential uses. 60 61 WWW.WRA-WaterRetentionArea.Privately owned lands 62 delineated on the RLSA Overlay Map, that have been permitted by the SFWMD Page 59 of 170 Words stntelc tRrsHgfl are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 to function as agricultural water retention areas and that provide surface water quality and other natural resource value. SUBSECTION 3.Y. AMENDMENTS TO SECTION 4.08.05 RURAL LANDS STEWARDSHIP AREA ZONING OVERLAY DISTRICT STANDARDS AND PROCEDURES 4.08.05 Baseline Standards laRås Witl:liR tl:le RlS^ DistriGt Prier te SSA. er SRA Designatien All lands within the RLSA District have been delineated on the RLSA Overlay Map. Unless and until designated as an SSA or SRA, lands within the RLSA District shall remain subject to the Baseline Standards. A. PurDose and intent. These Baseline Standards will remain in effect for all land within the RLSA District unless or until such land becomes subiect to the transfer or receipt of Stewardship Credits. except as to those aQricultural uses subiect to sections 163.3162(4) and 823.14(6). Florida Statutes. The Baseline Standards are intended to protect water aualitv and auantitv. maintain the natural water reaime. and protect listed animal and plant species and their habitats on land that has not been desianated as an SSA or SRA. The opportunitv to voluntarilv participate in the Stewardship Credit Proaram. as well as the riaht to sell conservation easements or a fee or lesser interest in the land. shall constitute compensation for the loss of anv development riahts related to these standards. B. ADDlicabilitv of code. Except as otherwise specifically proyided in this section 4.05.00. those proyisions of this Code in effect as of Julv 25. 2000. shall apply to all land within the RLSA District unless or until such lands become subject to the transfer or receipt of Stewardship Credits. C. Private lands delineated FSAs. HSAs. and WRAs. Lands delineated FSA. HSA. or WRA on the RLSA overlay map have been identified throuÇlh data and analysis as havinÇl a hiaher auality natural resource value than those lands not delineated. Althouah any land within the RLSA District can be desianated as an SSA. aenerally those lands delineated FSAs. HSAs. and WRAs are the most likely candidates for desianation because of the hiqher credit yalues applied to lands with those delineations. D. Private lands delineated as ODen. Lands not otherwise classified as FSA. HSA. or WRA are delineated as "open" on the RLSA overlay map and are aenerallv of a lower natural resource auality. Open lands mav be desianated as either SSAs or SRAs. E. Area of critical state concern (ACSC). The RLSA District includes lands that are within the ACSC. Those ACSC lands are depicted on the RLSA overlav map and are eliÇlible for desianation as SRAs. subiect to additional standards set forth in subsection 4.08.07 A.2. All ACSC reaulations continue to apply to ACSC lands within the RLSA District reÇlardless of desiÇlnation. F. Public or Drivate conservation lands. Those lands within the RLSA District that are held in public ownership or in private ownership as conservation lands may be delineated on the RLSA overlav map as FSA. HSA. or WRA but are not eliÇlible for desianation as either an SSA or SRA. Page 60 of 170 Words struek åIrÐl:Igli are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 ^ , _. Basolino Standards. Tho Sacolino Standards shall apply until lands ·....ithin tho RLS/'. Distriet 01"0 '.'oh:lAtarily doci§Ratod ac an SS.^, or SR/\ and shall remain in oFfoct for all land not CblbjOct to tho transfor or reooipt of StO'.vardship Croditc. ß... G. No increase in density or intensity within the RLSA District is permitted beyond the Baseline Standards except in areas designated as SRAs. Within SRAs, density and intensity may be increased through the provisions of the Stewardship Credit System and, where applicable, through the affordable housing density Bonus as referenced in the density Rating System of the FLUE, and the density and intensity blending provision of the Immokalee Area Master Plan. c. Lands 'Nithin the RLS^ District Not Dooignated SS/\ or SRI'. Sl:Jbjoot to Spoeial Environmontal Standardo. In ardor to protoct wator quality and quantity and maintonanoo of tho natl;;lral wator rogimo in aroas mapped ::IS FS/\Ð on tho RLS^ Ovorlay Map prior to tho timo that thoy arc dm¡i€lnatod ac SSM undor tho Stowardchip Crodit Program, RosiElontial Usee;, Gonoral a9nditi9Aal I::Ises, Earth Mining and Prooossing Usos, and Rooroational Ue;os (Laycmi 1 4) os listod in Sootion 4.08.06 8. chall not bo pormittodin FSl\o within tho RLS^ District. a9nEliti9Aal blse essential serviaes and govornmontal essential ser'liaes, oxoopt thoso noooosary to sorvo pormittod I;;ISOS or for public s::Ifoty, Ðhall only bo allowed in FS/'.s 'Nith a Natural Rocouroo Stewaraship IRc::!ex: vall:le of 1.2 or lecc. In ardor to pr{)teot '.'IotaI' quality and quantity and maintoRanoo of the Ratural wator rogime and to protoct liGtod animal and plant spoGiOG aRc::! thoir haeitats in areas mapped as FS.^,Ð, HS!\c, and WRAc on tho RLS/\ Ovorlay Mal'> that 01"0 not within tho .^,CSC, the usa of cl:Joh land for a non agrioultural pblFpose unElor the Sasoline Standardo ohall bo cubjeot to environmental regulations implementing Polioios 5.1 throblgh 5.6 of tho RLS.^, Overlay, whish regl:Jlations sholl eo adoptod by Deoember 1 d, 2003. H. Allowable uses. The permitted. accessorv. and conditional uses allowed shall be those set forth in section 2.03.00 in effect as of Julv 25. 2000. with the followinq exceptions: 1. Residential Uses. General conditional uses. Earth Minina and Processing Uses. and Recreational Uses (lavers 1--4) as listed in the Matrix at section 4.08.00 shall be eliminated in all FSAs. as provided in section 4.08.00. 2. Conditional use essential services and qovernmental essential services. except those necessarv to serve permitted uses or for public safety. shall only be allowed in FSAs with an Index value of 1.2 or less. as provided in section 4.08.00. 3. Directional-drillinq techniques and/or previously cleared or disturbed areas shall be utilized for oil and aas exploration and oil and aas field development and production activities in FSAs and HSAs in order to minimize impacts to native habitats. when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 throuqh 62C-30. FAC.. reqardless of whether the activity occurs within the Big Cypress Watershed. as defined in Rule 62C- 30.001(2), FAC. All applicable Collier County environmental permittinq requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and qas permits for proposed oil and aas activities in Collier County. so lonq as the state permits comply with the requirements of Chapter 62C-25 through Page 61 of 170 Words strnelc tflrelfgfl are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 62C-30. FAC. For those areas of Collier County outside the boundary of the Bia Cypress Watershed. the aDDlicant shall be responsible for convenina the Bia Cypress Swamp Advisorv Committee as set forth in Section 377.42. F.S.. to assure compliance with Chapter 62C-25 throuah 62C-30. FAC.. even if outside the defined Bia Cypress Watershed. All oil and Qas access roads shall be constructed and protected from unauthorized uses accordina to the standards established in Rule 62-30.005(2)(a) 1 throuah 12. FAC. 4. Asphaltic and concrete batch makina plants shall be prohibited in areas mapped as HSAs. I. Standards aoolicable inside the ACSC. RLSA District lands within the ACSC shall be subject to all ACSC reaulatorv standards. includina those that strictlv limit non-aaricultural clearina. J. Standards aoolicable outside the ACSC. Except to the extent superceded bv L. or M. below. the followina standards shall applv to all develoDment within those areas of the RLSA District that are outside of the ACSC. other than aaricultural operations that fall within the scope of sections 163.3162 (4) and 823.14 (6). F.S.. and sinale familv residential dwellinas. unless or until such lands are subject to transmittal or receipt of Stewardship Credits: 1. A wildlife survey. as set forth in Chapter 10. shall be reauired for all Darcels when listed species are known to inhabit bioloaical communities similar to those existina on site or where listed species are directlv observed on the site. 2. If listed species are directlv observed on the site of the proiect or are indicated bv evidence. such as dennina. foraaina. or other indications. first priority shall be aiven to preservina the habitat of such listed species a minimum of 40% of native veaetation on site shall be retained. with the exception of clearina for incidental purposes. 3. If the wildlife survey indicates that listed species are utilizina the site. or the site is capable of supportina and is likelv to support listed species. a wildlife habitat management plan shall be prepared and submitted to the County. a. The wildlife habitat manaaement plan within the RLSA District shall include the following techniaues to protect listed species from the neaative impacts of develoDment: i. ODen SDace and veaetation preservation reauirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated bv human activities. ii. Fencina. walls. other obstructions. or other provisions shall be used to minimize develoDment impacts to the listed species and to encouraae wildlife to use wildlife corridors. iii. Roadways crossinas. underpasses. and sianaae shall be used where roads must cross wildlife corridors. b. The wildlife habitat manaaement plan shall also incorporate the following: i. A description of the techniaues used to direct incompatible land uses away from listed species and their habitats and to comply with the criteria identified in Page 62 of 170 Words stmek throtlgß are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 1 and 2 above. as applicable: ii. Identification of appropriate liqhtinq controls for permitted uses and a consideration of the opportunitv to utilize prescribed burninq to maintain fire-adapted preserved veqetation communities and provide browse for white- tailed deer. consistent with the UFWS South Florida Multi-Species Recover Plan. May 1999. except as recommended otherwise bv the UFWS or FFWCC: and iii. If the development will be larqer than 10 acres. a monitorina proqram. c. The followinq references shall be used. as appropriate. to prepare the wildlife habitat manaqement plan: i. South Florida Multi-Species Recovery Plan. USFWS. 1999. ii. Habitat Manaqement Guidelines for the Bald Eaqle in the Southeast Reqion. USFWS. 1987. iii. Ecoloavand Habitat Protection Needs of Gopher Tortoise (Gopherus polvphemus) Populations found on Lands Slated for Larae Scale development in Florida. Technical Report No.4. Florida Game and Fresh Water Fish Commission. 1987. iv. Ecoloay and development-Related Habitat Reauirements of the Florida Scrub Jay (Apelocoma coerulescens), Technical Report No.8. Florida Game and Fresh Water Fish Commission. 1991. v. Ecoloavand Habitat Protection Needs of the Southeastern American Kestrel (Falco Sparverius Paulus) on Larqe-scale development Sites in Florida. Nonaame Technical Report No. 13. Florida Game and Fresh Water Fish Commission. 1993. d. The followina species specific provisions shall be included within the wildlife habitat management plan if the wildlife survey indicates that the identified species utilizes the site or the site is capable of supportina and is likely to support such species: i. Gopher tortoise. For parcels containina aopher tortoises (Gopherus polvphemus). priority shall be aiven to protectina the larqest. most contiguous gopher tortoise habitat with the qreatest number of active burrows. and for providinq a connection to off site adjacent aopher tortoise preserves. ii. Florida scrub iav. Habitat preservation for the Florida scrub jav (Aphelocoma coerulescens) shall conform to the guidelines contained in Technical Report No.8. Florida Game and Fresh Water Fish Commission. 1991. A maintenance program shall be established. which shall specify appropriate fire or mechanical protocols to maintain the natural scrub community. A public awareness proqram to educate residents about the on- site preserve and the need to maintain the scrub vegetation shall be developed. These requirements shall be consistent with the UFWS South Florida Multi- Page 63 of 170 Words stmek ~eHgk are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Species Recovery Plan. Mav 1999. iii. Bald eaale. For the bald eaale (Haliaeetus leucocephalus). the reauired habitat manaaement plans shall establish protective zones around the eaale nest restrictina certain activities. The plans shall also address restrictina certain tvpes of activities durina the nest season. These reauirements shall be consistent with the UFWS South Florida Multi-Species Recover Plan. Mav 1999. iv. Red-cockaded woodpecker. For the red-cockaded woodpecker (Ipicoides borealis). the reauired habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraaina habitat. Where adverse effects cannot be avoided. measures shall be taken to minimize on-site disturbance and compensate or mitiaate for impacts that remain. These reauirements shall be consistent with the UFWS South Florida Multi-Species Recovery Plan. Mav 1999. v. Florida black bear. In areas where the Florida black bear (Ursus americanus floridanus) mav be present. the manaaement plans shall reauire that aarbaae be placed in bear-proof containers. at one or more central locations. The manaaement plan shall also identifv methods to inform local residents of the concerns related to interaction between black bears and humans. Mitiaation for impactina habitat suitable for black bear shall be considered in the manaaement plan. vi. Panther. For proiects located in Prioritv I or Priority II Panther Habitat areas. the manaaement plan shall discouraae the destruction of undisturbed. native habitats that are preferred by the Florida panther (Felis concolor COryi) by directina intensive land uses to currentlv disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn. these areas shall be buffered from the most intense land uses of the proiect by using low intensity land uses (e.g.. parks. passive recreational areas. aolf courses). 4. On property where the wildlife survey establishes that listed species are utilizing the site or where the site is capable of supportina listed species and such listed species can be anticipated to potentially OCCUpy the site. the County shall. consistent with the RLSA Overlay of the GMP. consider and utilize recommendations and letters of technical assistance from the State of Florida Fish and Wildlife Conservation Commission and recommendations from the U.S. Fish and Wildlife Service in issuina development orders. It is recoanized that these aaency recommendations. on a case-bv-case basis may chanae the reauirements contained herein and any such chanae shall be deemed consistent with this Code. K. Golf course standards. Except as otherwise required by L. or M. below. all aolf courses within the RLSA District that are not within an SRA shall be subject to the followinq reauirements: 1. Golf courses shall be designed. constructed. and manaaed in accordance with Audubon International's Gold Siqnature Program. The proiect shall demonstrate that the Principles for Resource Page 64 of 1 70 Words stmel( tlHel:1g11 are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Manaaement reauired by the Gold Sianature Program (Site Specific Assessment. Habitat Sensitivitv. Native and Naturalized Plants and Natural Landscapina. Water Conservation. Waste Manaaement. Enerav Conservation & Renewable Enerav Sources. Transportation. Greenspace and Corridors. Aariculture. and buildina Desian) have been incorcorated into the aolf course's desian and operational procedures. In addition to addressina these reauirements. aolf courses shall meet the followina specific criteria: a. In order to prevent the contamination of soil. surface water and around water bv the materials stored and handled bv aolf course maintenance operations. aolf courses shall complv with the Best Manaaement Practices for Golf Course Maintenance Departments. prepared bv the Florida Department of Environmental Protection. Mav 1995. b. To protect around and surface water aualitv from fertilizer and pesticide usaae. aolf courses shall demonstrate the followina manaaement practices: i. The use of slow release nitroaen sources: ii. The use of soil and plant tissue analvsis to adiust timina and amount of fertilization applications: iii. The use of an intearated pest manaaement proaram usina both bioloaical and chemical aaents to control various pests: iv. The coordination of pesticide applications with the timina and application of irriaation water: and v. The use of the procedure contained in IFAS Circular 1011. Manaaina Pesticides for Golf Course Maintenance and Water Qualitv Protection. Mav 1991 (revised 1995) to select pesticides that will have a minimum adverse impact on water auality. 2. To ensure water conservation. aolf courses shall incorporate the followina in their desian and operation: a. Irrigation systems shall be designed to use weather station information and moisture-sensinq svstems to determine the optimum amount of irriaation water needed considering soil moisture and evapotranspiration rates. b. As available. qolf courses shall utilize treated effluent reuse water consistent with Sanitarv Sewer Sub-Element Obiective 1.4 and its policies: c. Native plants shall be used exclusivelv except for special purpose areas such as aolf areens. fairways. and buildina sites. Within these excepted areas. landscapina plans shall reauire that at least 75% of the trees and 50% of the shrubs be freeze-tolerant native Floridian species. At least 75% of the required native trees and shrubs shall also be drought tolerant species. 3. Stormwater manaeement ponds shall be desiened to mimic the functions of natural svstems: bv establishine shorelines that are sinuous in configuration in order to provide increased leneth and diversitv of the littoral zone. A Littoral shelf shall be established to Page 65 of ] 70 Words stresk thrOl,Jgfiare deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 provide a feedina area for water dependent avian species. The combined lenath of vertical and rip-rapped walls shall be limited to 25% of the shoreline. Credits to the site preservation area reauirements. on an acre- to- acre basis. shall be aiven for littoral shelves that exceed these littoral shelf area reauirements. L. Standards applicable in FSAS. HSAS. and WRAS that are outside of the ACSC. The provisions of Chapters 3. 4. and 10 in effect as of July 25. 2000. shall apply to FSAs. HSAs. and WRAs that outside of the ACSC. with the followina exceptions: 1. Site clearina and alteration shall be limited to 20% of the property and non permeable surfaces shall not exceed 50% of any such area. 2. Except for roads and lakes. any non permeable surface areater than one acre shall provide for release of surface water run off. collected or uncollected. in a manner approximatina the natural surface water flow reaime of the surroundina area. 3. Roads shall be desianed to allow the passaae of surface water flows throuah the use of eaualizer pipes. interceptor spreader systems or performance eauivalent structures. 4. Reveaetation and landscapina of cleared areas shall be accomplished with predominantly native species and plantina of undesirable exotic species shall be prohibited. M. Standards applicable to wetlands outside of FSAS. HSAS. WRAS. and the ACSC. Wetlands located outside of FSAs. HSAs. WRAs. and the ACSC shall be preserved in accord with the followina criteria: 1. The veaetative preservation reauirement set forth in J.2. above shall first be met throuah preservation of wetlands havina a functionality assessment score of 0.65 or areater. ADDlicants shall establish the wetland functionalitv score of wetlands usina the South Florida Water Manaaement District's Unified wetland Mitiaation Assessment Method. FAC. 62-345. Upland veaetative communities may be utilized to meet the veaetative. ODen SDace. and site preservation reauirements when the wetland functional assessment score of on- site wetlands is less than 0.65. 2. Wetlands utilized by listed species or servina as corridors for the movement of listed species shall be preserved on site. 3. Wetland flowwav functions throuah the proiect shall be maintained. 4. Ground water table drawdowns or diversions shall not adversely chanae the hydroperiod of preserved wetlands on or offsite and detention and control elevations shall be set to protect surrounding wetlands and be consistent with surroundina land and project control elevations and water tables. In order to meet these reauirements. proiects shall be desianed in accordance with Sections 4.2.2.4.6.11 and 6.12 of SFWMD's Basis of Review. Januarv 2001. 5. All direct impacts shall be mitiaated for as reauired by applicable federal or state aaencies and in the same manner as set forth in section 4.06.04 of this Code. 6. Sinale family residences shall follow the reauirements contained within Policy 6.2.7 of the Conservation and Coastal Manaaement Element. 7. Appropriate bufferina shall be provided to separate preserved Page 66 of 170 Words stmel( tlH-el:lgh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 wetlands from other land uses. A minimum 50-foot veaetated uDland buffer is reauired adiacent to a natural water body and for other wetlands a minimum 25-foot veaetated uDland buffer adjacent to the wetland. A structural buffer. consistina of a stem-wall. a berm. or a veaetative hedae with suitable fencina. may be used in coniunction with a veaetative buffer that would reduce the veaetative buffer width bv 50%. A structural buffer shall be reauired adjacent to wetlands where direct imDacts are allows. Wetland buffers shall conform to the followina standards: a. The buffer shall be measured landward from the aDDroved iurisdictionalline. b. The buffer zone shall consist of Dreserved native veaetation. Where native veaetation does not exist. native veaetation comDatible with the existina soils and eXDected hvdroloaic conditions shall be Dlanted. c. The buffer shall be maintained free of Cateaorv I Exotics. d. The followina land uses are considered to be comDatible with wetland functions and are allowed within the buffer: i. Passive recreational areas. boardwalks and recreational shelters: ii. Pervious nature trails: Hi. Water manaaement structures: iv. Mitiaation areas: v. Anv other conservation and related ODen SDace activity or use which is comDarable in nature with the foreaoing uses. 8. Mitiaation Reauirements. Mitiaation shall be reauired for direct imDacts to wetlands. such that the wetland functional score of the mitiaation eauals or exceeds the wetland functional score of the imDacted wetlands. a. Priority shall be aiven to mitiaation within FSAs and HSAs. b. Loss of storaae or conveyance volume resultina from direct imDacts to wetlands shall be comDensated for bv Drovidina an equal amount of storaae or conveyance caDacitv on site and within or adjacent to the imDacted wetland. c. Protection shall be Drovided for Dreserved or created wetland or uDland veqetative communities offered as mitiaation by Dlacinq a conservation easement over the land in Demetuitv. Drovidinq for initial exotic Dlant removal (Class I invasive exotic Dlants defined bv the Florida Exotic Plant Council) and continuinq exotic Dlant maintenance. or bv aDDroDriate ownershiD transfer to a state or federal agency alona with sufficient fundina for DerDetual manaqement activities. 9. Prior to issuance of any final develoDment order that authorizes site alteration. the aDDlicant shall demonstrate comDliance with DaraaraDhs 8.a. through 8.c. above. as aDDlicable. If state or federal aaencv Dennits have not Drovided mitiaation consistent with DaragraDhs 8 above. the County shall reauire mitigation exceeding Page 67 of 170 Words struek threl:lgfl are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 that of the iurisdictional aqencies. 10. Wetland preservation, buffer areas. and mitiqation areas shall be identified or platted as separate tracts. In the case of a Planned Unit develoDment (PUm, these areas shall also be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Cateqory I Exotics. Land uses allowed in these areas shall be limited to those identified in 7.d. above. SUBSECTION 3. Z. AMENDMENTS TO SECTION 4.08.06 SSA Designation Section 4.08.06 SSA Designation, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.08.06 SSA Designation. Lands within the RLSA District may be designated as SSAs subject to the following regulations: " " " " " " " " " " " 2. FSA Delineated Lands. " " " " " " " " " " " c. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for OIL AND GAS EXPLORATION and oil and gas field DEVELOPMENT, and production activities in FSAs in order to minimize impacts to native habitats when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit requiring compliance with the criteria established in tHe Florida /\dR'linstrativo Coda Chapter 62C-25 throuqh 62C-30, FAC.. as those rules existed on , 2005 (the effective date of this provision), regardless of whether the P-ðA in whioh OIL AND GAS EXPLORATION and oil and !1aG fiold DEVELOPMENT and produotion activitios io activity occurs within the Big Cypress Swamp as defined in Rule 62C- 30.001 (2). FAC. All applicable Collier Countv environmental permittinq requirements shall be considered satisfied bv evidence of the issuance of all applicable federal and/or state permits for proposed oil and qas actitivies in Collier Countv. so long as the state permits complv with the requirements of Chapter 62C-25 throuqh 62C-30. FAC. For those areas of Collier County outside the boundary of the Big Cypress Watershed. the applicant shall be responsible for convening the Biq Cvpress Swamp Advisory Committee as set forth in Section 377.42. F.S.. to assure compliance with Chapter 62C-25 throuqh 62C-30, FAC. even if outside the defined Big Cypress Watershed. All oil and qas access roads shall be constructed and protect from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)1 throuqh 12. FAC. Nothing contained herein alters the requirement to obtain CONDITIONAL USE permits for oil and gas field DEVELOPMENT and production activities.Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for oil and gas exploration and oil and gas field development, and production activities in FSAs in order to minimize impacts to native habitats when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit requiring compliance with the criteria Page 68 of 170 Words skuek tlHeHgR are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 -32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 established in the Florida ^r:1minGtrative Code Chapter 62C-25 throuah 62C-30. FAC.. as those rules existed on January 14. 2005. regardless of whether the FSA in which oil and gas exploration and oil and gas field DEVELOPMENT and production activities is within the Big Cypress Swamp as defined in Rule 62C-30.00H2)' FAC. For those areas of Collier Countv outside the boundary of the Bia Cvpress Swamp Advisory Committee as set forth in Section 377.42. F.S.. to assure compliance with Chapter 62C-25 throuah 62C-30. FAC. even if outside the defined Bia Cypress Watershed. Nothing contained herein alters the requirement to obtain conditional use permits for oil and gas field development and production activities. * * * * * * * * * * * e. Once land in an FSA is designated as an SSA, no expansion of Agriculture Group 1 (Layer 5) or Agriculture Group 2 (Layer 7) and no conversion of Agriculture Group 2 to Agriculture Group 1 shall be allowed beyond those land uses in existence or allowed by applicable permits as of the date that the SSA designation is approved other than incidental clearina as set forth in f. below. f. Incidental clearina is permitted. provided that the Aa 1 Land Use Laver has been retained on the areas to be incidentally cleared and the Natural Resource Index Value score has been adiusted to reflect the proposed chanae in land cover. In the even said incidental clearina impacts lands havina a Natural Resource Index Value in excess of 1.2. appropriate mitiaation shall be provided. 3. HSA Delineated Lands. a. In the case where lands delineated as HSA are designated as an SSA, at a minimum, Residential Land Uses (Layer 1), as listed in the Matrix, shall be eliminated. b. General conditional uses, Earth Mining and Processing Uses, and Recreational Uses shall be allowed only on HSA lands with a Natural Resource Stewardship Index value of 1.2 or less. c. In addition to the requirements imposed in the LDC for approval of a conditional use, uses listed in b. above will only be approved upon submittal of an EIS which demonstrates that clearing of native vegetation has been minimized, the use will not significantly and adversely impact listed species and their habitats and the use will not significantly and adversely impact aquifers. This demonstration shall be made by establishing the following: (1) Clearing of native vegetation shall not exceed 15% of the native vegetation on the parcel. (2) Priority shall be given to utilizing contiguous areas of previously cleared land before native vegetated areas. (3) Buffering to Conservation Land shall comply with Section 4.08.07 J.6.10. * * * * * * * * * Page 69 of 170 Words struel[ threl:lgfl are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 C. g. Directional-drilling techniques and/or previously cleared or disturbed areas shall be utilized for OIL AND GAS EXPLORATION and oil and gas field DEVELOPMENT, and production activities in HSAs in order to minimize impacts to native habitats when determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit requiring compliance with the criteria established in the Florida /\dminr:trati'¡9 Code Chapter 62C-25 throuqh 62C-30. FAC.. as those rules existed on . 2005 (the effective date of this provision), regardless of whether the HS/\ in which Oil AND GAS EXPlOR,l\.TION and oil and gas field DEVELOPMENT and production activitios is activity occurs within the Big Cypress Swamp as defined in Rule 62C-30.00H2), FAC. All applicable Colier Countv environmental permittinq requirements shall be considered satisfied bv evidence of the issuance of all applicable federal and/or state oil and qas permits for proposed oil and qas activities in Collier Countv. so lonq as the state permits complv with the requirements of Chapter 62C-25 throuqh 62C-30. FAC. For those areas of Collier Countv outside the boundary of the Biq Cvpress Watershed. the applicant shall be responsible for conveninq the Bia Cvpress Swamp Advisory Committee as set forth in Section 377.42. F.S.. to assure compliance with Chapter 62C-25 throuqh 62C-30. FAC. even if outside the defined Biq Cvpress Watershed. All oil and aas access roads shall be constructed and protected from unauthorized uses accordina to the standards established in Rule 62C-30.005(2)(a)1 throuqh 12. FAC. Nothing contained herein alters the requirement to obtain CONDITIONAL USE permits for oil and gas field DEVELOPMENT and production activities. h. Golf Course design, construction, and operation in any HSA shall comply with the best management practices of Audubon International's Gold Program and the Florida DEP, which standards shall be adopted by December 13, 2003. i. Once land in an HSA is designated as an SSA, no expansion of Agriculture Group 1 (Layer 5) or Agriculture Group 2 (Layer 7) and no conversion of Agriculture Group 2 to Agriculture Group 1 shall be allowed beyond those land uses in existence or allowed by applicable permits as of the date that the SSA designation is approved other than incidental clearinq as set forth in f. below. 1. Incidental clearing is permitted. provided that the Aa 1 Land Use Laver has been retained on the areas to be incidentallv cleared and the Natural Resource Index Value score has been adiusted to reflect the proposed chanqe in land cover. In the even said incidental clearinq impacts lands havina a Natural Resource Index Value in excess of 1.2. appropriate mitiaation shall be provided.. * * * * * * * * * SSA Designation Application Package. A request to designate lands(s) within the RLSA District as an SSA shall be made pursuant to the regulations of this Section. An SSA Application Package shall include the following: * * * * * * * * 4. Support Documentation. In addition, the following support documentation shall be provided for each SSA being designated: * * * * * * * * * * f. FDOT Florida Land Use Cover and Forms Classification Page 70 of 170 Words stmek thrDtlg}¡ are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 System (FLUCCS) (FLUCFCS) map(s) delineating the area being designated as an SSA on an aerial photograph having a scale of one (1) inch equal to at least 200 feet when available from the County, otherwise, a scale of at least one (1) inch equal to 400 feet is acceptable; * * * * * * * * * * 7. Recording of SSA Memorandum. Following approval by the County, an SSA Memorandum shall be prepared and recorded in the public records, together with the following portions or exhibits of the SSA Credit Agreement as attachments: a. The legal description of the lands subject to the SSA Credit Agreement and the number of SSA Credits assigned to the land designated as SSA, including lands designated for restoration, if any, and the Restoration Credits assigned to such land; b. The Stewardship easement Agreement on the SSA lands, describing the land uses remaining on the land; c. A summary of the Restoration Plan, if restoration is to be undertaken by the applicant, to include the elements set forth in Section 4.08.04 C.5 4.08.06 C.5. * * * * * * * * * * SUBSECTION 3. AA. AMENDMENTS TO SECTION 4.08.07 SRA Designation Section 4.08.07 SRA Designation, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.08.07 SRA Designation SRA designation is intended to encourage and facilitate uses that enable economic prosperity and diversification of the economic base of the RLSA District, and encourage development that utilizes creative land use planning techniques and facilitates a compact form of development to accommodate population growth by the establishment of SRAs. Stewardship Credits generated from SSAs are exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis as set forth herein. dQensity and intensity within the RLSA District shall not be increased beyond the Baseline Standards except through the provisions of the Stewardship Credit System, the affordable housing density Bonus as referenced in the density Rating System of the FLUE, and the density and intensity blending provision of the Immokalee Area Master Plan. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Credits can be transferred only to lands within the RLSA District that meet the defined suitability criteria and standards set forth herein. Land becomes designated as an SRA on the date that the SRA Credit Agreement becomes effective pursuant to Section 4.08.0éI D.11. Any change in the residential density or non-residential intensity of land use on a parcel of land located within an SRA shall be specified in the resolution, which shall reflect the total number of transferable Credits assigned to the parcel of land. * * * * * * * * * * * A. Lands Within the RLSA District that can be Designated as SRAs. 1. Suitability Criteria Page 71 of 170 Words skue)¡ thrsl:lgk are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 " " " * * * " * * * * g. An SRA may be contiguous to an FSA or HSA, but shall not encroach into such areas, and shall buffer such areas as described in Section 4.0B.06(J)(ê) 4.08.07 J.6. An SRA may be contiguous to, or encompass a WRA. * * * * " * * . " * * B. Establishment and Transfer of Stewardship Credits. The procedures for the establishment and transfer of Credits and SRA designation are set forth herein. Stewardship Credits will be exchanged for additional residential or non-residential entitlements in an SRA on a per acre basis, as described in Section 4.08.m~z B.2. Stewardship density and intensity will thereafter differ from the Baseline Standards. 1. Transfer of Credits. The transfer or use of Stewardship Credits shall only be in a manner as provided for herein. * * * * * * * * * * e. Stewardship Credits may be acquired from a Stewardship Credit Trust established pursuant to Section 4.08.044 B., and transferred to an SRA subject to the limitations contained in this Section. " * * * * * * * * * * c. Forms of SRA developments. 1. Towns. Towns are the largest and most diverse form of SRA, with a full range of housing types and mix of uses. Towns have urban level services and infrastructure which support development that is compact, mixed use, human scale, and provides a balance of land uses to reduce automobile trips and increase livability. Towns shall be not less than 1,000 acres or more than 4,000 acres and are comprised of several villages and/or neighborhoods that have individual identity and character. Towns shall have a mixed-use town center that will serve as a focal point for community facilities and support services. Towns shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Towns shall have at least one community park with a minimum size of 200 square feet per dwelling unit in the Town. Towns shall also have parks or public green spaces within neighborhoods. Towns shall include both community and neighborhood scaled retail and office uses, in a ratio as provided in Section 4.08.0éZ J.1. Towns may also include those compatible corporate office and light industrial uses as those permitted in the Business Park and Research and Technology Park Subdistricts of the FLUE. Towns shall be the preferred location for the full range of schools, and to the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. Towns shall not be located within the ACSC. 2. Villages. Villages are primarily residential communities with a diversity of housing types and mix of uses appropriate to the scale and character of the particular village. Villages shall be not less than 100 acres or more than 1,000 acres. Villages are comprised of residential neighborhoods and shall include a mixed-use village center to serve as the focal point for the community's support services and facilities. Villages shall be designed to encourage pedestrian and bicycle circulation by including an interconnected sidewalk and pathway system serving all residential neighborhoods. Villages shall have parks or public green spaces within Page 72 of l70 Words simek tm-sHga are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 neighborhoods. Villages shall include neighborhood scaled retail and office uses, in a ratio as provided in Section 4.08.0éI J.1. Villages are an appropriate location for a full range of schools. To the extent possible, schools and parks shall be located adjacent to each other to allow for the sharing of recreational facilities. The Village form of rural land development is permitted within the ACSC subject to the limitations of Section 4.08.0éI A.2. 3. Hamlets. Hamlets are small rural residential areas with primarily single- family housing and limited range of convenience-oriented services. Hamlets shall be not less than 40 or more than 100 acres. Hamlets will serve as a more compact alternative to traditional five-acre lot rural subsections currently allowed in the Baseline Standards. Hamlets shall have a public green space for neighborhoods. Hamlets include convenience retail uses, in a ratio as provided in Section 4.08.0éI J.1. Hamlets may be an appropriate location for pre-K through elementary schools. The Hamlet form of rural land development is permitted within the ACSC subject to the limitations of Section 4.08.OéI A.2. 4. Compact Rural developments (CRDs). Compact Rural development (CRD) is a form of SRA that will provide flexibility with respect to the mix of uses and design standards, but shall otherwise comply with the standards of a Hamlet or Village. A CRD may include, but is not required to have permanent residential housing and the services and facilities that support permanent residents. Except as described above, a CRD will conform to the characteristics of a Village or Hamlet as set forth in Section 4.08.0éI J.1. based on the size of the CRD. As residential units are not a required use, those goods and services that support residents such as retail, office, civic, governmental and institutional uses shall also not be required. However for any CRD that does include permanent residential housing, the proportionate support services listed above shall be provided in accordance with the standards for the most comparable form of SRA as described in Section 4.08.0éI C.2. or 3. * * * * * * * * * * * b. CRDs within the ACSC. The CRD form of rural land development is permitted within the ACSC subject to the limitations of Section 4.08.0éI A.2. 5. Proportion of Hamlets and CRDs to Villages and Towns. In order to maintain the correct proportion of Hamlets and CRDs of 100 acres or less to the number of Villages and Towns approved as SRAs, not more than five (5) of any combination of Hamlets and CRDs of 100 acres at or less may be approved prior to the approval of a Village or Town. In order to maintain that same proportion thereafter, not more than five (5) of any combination of Hamlets and CRDs of 100 acres at or less may approved for each subsequent Village or Town approved. 6. SRAs as Part of a development of Regional Impact (DRI). SRAs are permitted as part of a DRI subject to the provisions of § 380.06, F.S. and the RLSA District Regulations. a. An SRA Designation Application may be submitted simultaneously with a Preliminary development agreement application that occurs prior to a DRI Application for development Approval (ADA). In such an application, the form of SRA development shall be determined by the characteristics of the DRI project, as described in the Pf)A ADA. * * * * * * * * * * * Page 73 of 170 Words s1roek tflrÐl:Igh are deleted, words underlined are added 1 D. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 E. 59 60 61 62 SRA Designation Application Package. A Designation Application Package to support a request to designate land(s) within the RLSA District as an SRA shall be made pursuant to the regulations of the RLSA District Regulations. The SRA Application Package shall include the followlrJ.g: * * * * * * * * * * * 3. Natural Resource Index Assessment. An assessment that documents the Natural Resource Index Value scores shall be prepared and submitted as part of the SRA Application. The Assessment shall include an analysis that quantifies the number of acres by Index Values. The Assessment shall: * * * * * * * * * * * h. Demonstrate compliance with the Suitability Criteria contained in Section 4.0B.OãZ A.1. * * * * * * * * * * * 4. Natural Resource Index Assessment Support Documentation. Documentation to support the Natural Resource Index Assessment shall be provided for each SRA being designated to include: * * * * * * * * * * f. FLUCCS FLUCFCS map(s) delineating the area being designated as an SRA; * * * * * * * * * * * 5. SRA Master Plan. A Master Plan shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA Master Plan shall be consistent with the requirements of Section 4.0B.OãZ G. 6. SRA development Document. A development Document shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA development Document shall be consistent with the requirements of Section 4.0B.OãZ H. 7. SRA Public Facilities Impact Assessment Report. An Impact Assessment Report shall be prepared and submitted by the applicant as part of the SRA Application for Designation a of SRA. The SRA Impact Assessment Report shall address the requirements of Section 4.0B.OãZ K. 8. SRA Economic Assessment Report. An Economic Assessment Report shall be prepared and submitted by the applicant as part of the SRA Application for Designation of an SRA. The SRA Economic Assessment Report shall address the requirements of Section 4.0B.OãZ L. * * * * * * * * * * * SRA Application Review Process. 1. Pre-Application Conference with County Staff: * * * * * * * Page 74 of170 Words stmek throagh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 b. Consideration of suitability criteria described in Section 4.D8.DeI A.1. and other standards of this Section; * * * * * * * * * * * 2. Application Package Submittal and Processing Fees. The required number of SRA Applications and the associated processing fee shall be submitted to the County Manager or his designee. The contents of said application package shall be in accordance with Section 4.DB.DeI D. * * * * * * * * * * * H. Development Document. Data supporting the SRA Master Plan, and describing the SRA application, shall be in the form of a development Document that shall consist of the information listed below, unless determined at the required pre-application conference to be unnecessary to describe the development strategy. * * * * * * * * * * * 2. The document shall identify, locate and quantify the full range of uses, including accessory uses that provide the mix of services to. and are supportive of, the residential population of an SRA or the RSLA District, and shall include, as applicable, the following: * * * * * * * * * * * k. Design standards for each type of land use proposed within the SRA. Design standards shall be consistent with the Design Criteria contained in Section 4.DB.DeI J.; * * * * * * * * * * * J. Design Criteria. Criteria are hereby established to guide the design and development of SRAs to include innovative planning and development strategies as set forth in §§ 163.3177 (11), F.S. and Chapter 9J-5.DD6(5)(1), FAC.. The size and base density of each form of SRA shall be consistent with the standards set forth below. The maximum base residential density as specified herein for each form of SRA may only be exceeded through the density blending process as set forth in density and intensity blending provision of the Immokalee Area Master Plan or through the affordable housing density Bonus as referenced in the density Rating System of the FLUE. The base residential density is calculated by dividing the total number of residential units in an SRA by the acreage therein that is entitled through Stewardship Credits. The base residential density does not restrict net residential density of parcels within an SRA. The location, size and density of each SRA will be determined on an individual basis, subject to the regulations below, during the SRA designation review and approval process. 1. SRA Characteristics. Characteristics for SRAs designated within the RLSA District have been established in the Goals Objectives and Policies of the RLSA Overlay. All SRAs designated pursuant to this Section shall be consistent with the characteristics identified on the Collier County RLSA Overlay SRA Characteristics Chart and the design criteria set forth in 2. through 6. below. a. SRA Characteristics Chart Collier County RLSA Overlay SRA Characteristics Chart Page 75 of170 Words stl1:iek tflfBHgh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 * * * * * * * * * * * * Towns are prohibited within the ACSC, per policy 4.7.1 of tho GoalE:, Objocti'los, and Policios section 4.08.07 A.2. of this code. ** Villages, Hamlets, and Compact Rural developments within the ACSC are subject to location and size limitations, par policy 1.20 section 4.08.07 A.2. of this code, and are subject to Chapter 28-25, FAC. * * * * * * * * * * 8. Requests for Deviations from the LDC. The SRA development Document may provide for nonprocedural deviations from the LDC, provided that all of the following are satisfied: a. The deviations are consistent with the RLSA Overlay; b. The deviations further the RLSA District Regulations and are consistent with those specific Design Criteria from which Section 4.08.0&Z J.2. - 5. expressly prohibits deviation; and c. It can be demonstrated that the proposed deviation(s) further enhance the tools, techniques and strategies based on principles of innovative planning and development strategies, as set forth in §§ 163.3177 (11), F.S. and Chapter 9J- 5.006(5)(L), FAC. . * * * * * * * * * K. SRA Public Facilities Impact Assessments. Impact assessments are intended to identify methods to be utilized to meet the SRA generated impacts on public facilities and to evaluate the self-sufficiency of the proposed SRA with respect to these public facilities. Information providéd within these assessments may also indicate the degree to which the SRA is consistent with the fiscal neutrality requirements of Section 4.08.0&Z L. Impact assessments shall be prepared in the following infrastructure areas: * * * * * * * * * 7. Public schools. The acclicant shall coordinate with the Collier County School Board to provide information and coordinate plannina to accommodate any impacts that the SRA has on public schools. As part of the SRA application. the followina information shall be provided: a. Number of residential units by type: b. An estimate of the number of school-aged children for each type of school impacted (elementary. middle. hiah schoo); and c. The potential for located a public educational facility or facilities within the SRA. and the sites of any sites that may be dedicated or otherwise made available for a public educational facility. L. SRA Economic Assessment. No change. 1. Demonstration of Fiscal Neutrality. * * * * * * * * * * b. Alternative Fiscal Impact Model. If Collier County has not adopted a fiscal impact model as indicated above, the applicant may develop an Page 76 of 170 Words stmek tMø\igh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 alternative fiscal impact model using a methodology approved by Collier County. Tho modol mothodology 'Nilleo oonsistont with tho FisGallmpaot /\nal)'Gis MoGlol ("FI.^.M") Glovolopod l3y tho Stato of Florida or with Burohell ot a!., 1991, åe\<elopment ,^.ssessmont Handbool-. (ULI). The BCe may grant exceptions to this policy of fiscal neutrality to accommodate affordable or workforce housing. * * * * * * * * * * M. The BCC mav. as a condition of approval and adoption of an SRA development. require that suitable areas for parks. schools. and other public facilities be set aside. improved. and/or dedicated for public use. When the BCC reauires such a set aside for one or more public facilities. the set aside shall be subiect to section 2.03.06. in the same manner as are public facilitv dedications required as a condition of PUD rezoninas. SUBSECTION 3. BB. AMENDMENTS TO SECTION 4.08.08 Baseline Standards Section 4.08.08 Baseline Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 4.08.08 8aseline Stanåards ^' P-I:l:"fJGSO ami JntoRt. These Basolino Standards will remain in o#oot for all land within tho RLS/\ Distriot I::Jnloss or until sl:loh land booomos subjOGt to tho tranofor or rooeipt of Sto'Nardship Croèits, exoopt ao to thoso agriGl::lltlual I::ISe6 subjeGt to sootions 18:3.:3182(1) and 82:3.11 (6), Florida Statutes. The Baselino Standards arc intoneeGl to protoct wator quality and quantity, FRaintain the natural VIator rogime, and proteot liotod animal aRe plant spooios and their habitats on land that has not 130en designated ao an SS/\ or SRI'.. The opportunity to voluntarily partioipate in the Ste'.vordohip Credit Program, ao well ao the right to sell oonservation easements or a feo or lesser interest in the land, shall Gonotituto oompensation for the loos of any development rigf:lts rolated to theoe otandardo. B. /'.ppiiGDémty of Dode. Exoept ao other....ioe specifically provided in thio sootion 1.08.00, those provisions of this Codo in eff-cot aG of November [ ], 1999, shall apply to all land within the RLS^ Diotriot unleoo or until r:;uoh landE> beoome subject to the tranr:;fer or reoeipt of Stewardship Credito. C. Af.loV/ablo I:Jsos. The permitted, aooeor:;ory, and Gonditional uses allo'Ned shall be thor:;e set forth in oeotion 2.0:3.00 in effeot aG of November [], 1090, with the following exoeptionG: 1. ReGidential Uoeo, General Gonåitional uses, Earth Mining and Prooesoing Useo, and Reoreational UoeG (layerE> 1 1) ao lioted in the Matrix at seotion 1.08.00 shall be eliminated in all FS/\o, aG provided in section 1.08.00. 2. Conditional use essential services and governmental essential serviGes, exoept those nooessary to sorve permitted useo or for publio safety, shall only be allowed in FSAo with an Indm( value of 1.2 or le~r:;, as provided in oeotioR 1.0B.00. 3. Direotional drilling teohniqueo and/or pre':iouoly oleared or disturbed areas shall be utilized for oil anå gas exploration and oil and goo field development and produotion aotivities in FS^s and HSAs in order to minimize impaots to native h3bitats, when dotermined to be practioable. Thio requireFRent shall be deemed satir:;fied upon iDsuanoe of a otate permit in oomplianoe with the oriteria eotablished in Chapter 62C 25 through 62C 30, F.J'..C., rogardless of whethor the aotivity Page 77 of 170 Words stmel¡ tftfßl:igh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 oooum within tho Big Cypress Wator-ehod, as dofineel in Rule ê2C 30.001 (2), F ..'\. C. /\11 ap3lioablo Collior COl:lnty erwironmental permitting røquiroments shall bo ÐonGidored satisfied by evidenoe of the issuanoQ of all appliÐablo foderal and/or stato oil amI gas permits for proposod oil and gas aetivitios in Collior County, GO long as tho Gtate pormito oomply with the requiroR'lontG of Chapter ê2C 25 through 62C 30, F.I\.C. For these aroas ef Collier County euteide tho Boundary of the Big Cypross WatoFOhod, tho a~~IiGant shall 130 reoponsiblo for oon'loning the Big CypmsG S"vaR'lp /\dvioory Committoo ac Got forth in Soction 377.12, F.S., tø asoure oomplianoe with Chaptor ê2C 25 through ê2C ao, F.I\.C., ovan if outsido tho dofinod Bi¡¡¡ Cyprosc 'Natorshod. All oil and gas assess roade shall bo oonetruoted and protoctod frem unal:lthorizod us os aooording to the stanelards establiohod in Rulo 62 JO.005(2)(a)(1) through (12), F.AC. 4. .^.cphaltio and oonoreto batoh ma{in~ plants ehall bo prohibitod in areas mappod as HS^s. D. ðt::IAØards 9ßF>!iGGlI310 IF/side tho /lCgC. RLS/\ DiGtriot lands within tho /\CSC shalll3e Gubject to all/\CSC regulatory standards, inoludin§ those that striotly limit non agricultural olearing. E. Standards GlppNSGlÐ!e Ðl:Jtsirio #:Ie /lCgC. E)(GÐpt te the oxtont ol::l3eroodoel by G. or H. l3elo'N, tho following staA(i1ardG shall apply to all do\'ele~ment 'Nithin tRos:e aroas of the¡ RLS/\ Distriot that ::¡ro outeide of tho /\CSC, other than agrioultl:lral oporations: that fall within tho eoopo of seotions 1êJ.a1ê2 (1) and 82J.11 (6), F.S., and single family resielontial dv..ollin€)G, unless or until ouoh lands aro subject to transmittal or reoeipt ef Stewardehip Crodito: 1. 1\ wildlife¡ survey, as sot forth in Chaptor 10, shall be roEuiroG for all ~arGels whon listod spooioo aro Imown te inhabit l3iologioal oommunities similar to thoso exicting on oite ar where lieteel cpeoioo ::Ire diroctly obeerveEl on tho sito. 2. A minimum of 40% of tho native '.<ogetation on tho projoct cite muct be rotained. If listod epooies are direotly obsorved on the cite of tho projoet or aro indioatos l3y ovidenoe, suoh as donnin€), foraging, or other indioationo, flret priority shall be given to presorving tho habitat of cuoh lioted species. a. If the wildlifo ourvoy indioates that listed speoieo are utilizing the cite, or the cito io oapable of oupporting and is I¡¡(ely to cupport licted cpeoieo, a wildlife habitat management plan shall be prepared and submittod to tho County. a. Tho 'I.'ildlifo habitat managemont plan within the RLS/\ Oiotrict sh::lll inolude the following teohniques to proteot lieted epeoies from the negative impacte of development: i. O~en &~aGo and 'Jegetation preservation roquiromonts shall bo ueod to ectablish buffer areas: botween wildlifo habitat areaG and meao dominated by human activities. ii. Fonoing, '....allc, other obotruotiono, or othor proviGions ohall bo uoed to minimize development impaoto to the listed cpooies and to enoourage wildlif-o to UGO wildlife oorridorc. iii. Roadways oroooingo, underpacoeo, and oignage shall be used where roads must oroeG wildlifo oorridors. b. The wildlife habitat management plan shall oleo inoorporate tho Page 78 of 170 Words struek thfal:lg}¡ are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 following: i. A EleÐoription of tho toohniquos uooE1 to direct inoompatiblo land UÐOS away froR'l lioteEl spooioo and thoir habitats and to oOR'lply with tho oritoria idontified in 1 and 2 abovo, aG applieable; ii. Idontifioation of ap¡::¡ropriate lighting oontrols for pormittod usos anEl a oonGiEloration of the opportunity to utilizo prooGribod burning to maintain fire adaptoEl proGorvod vogetation oommunitioG ::md proviao browso for whito tailod door, oonsiGtont with tho UF'NS South Florida Multi SpooioD Rooover Plan, MGY 1999, oxoept 00 reoommendod othorv:ise by the UF'NS or FFWCC; and iii. If the EievelepmeRt will bo larger than 10 aGroG, a rF1onitoring program. o. Tho following rof{)roFloes shall Be usoa, aD appropriate, to propare the wildlifo habitat managemont plan: i. South Florida Mbllti Speoios Reoovery Plan, USF'NS, .:J.Q9Q.,. ii. Habitat ManageR'lont Guidelines for the Bald Eagle in tho Southoaot Rogion, USFWS, 1987. iii. EGology and HaI:Jitat Protoction NoedG of GO3hor Torteiso (Goßhoruc polyphomuD) Popl:llationo found on Lando Slatod for Largo Soale EtevelepmeRt in Florida, Technioal Report No.4, Florida Garno and FrOGh '/'Jator Fish Cemmiosion, 1987. i" . . Eoology and Eie'.<elepmeRt RolGtod Habitat ROEuiromontD of the Florida Sorub Jay (^polocoma ooeruloGoonc), Toohnioal Roport No.8, Florida Gamo and Frosh '.^Iator FiGh Commission, 1991. v. Eoology and Habitat Protootion Neods of tho Southoastern .^.morioan Kostrol (Faloo SparveriuG Pauluo) on Largo Goalo do'.<elapmont Sitos in Florida, Nongame Toohnioal Roport No. 13, Florida Game and FroohVVater Fioh CommioGion, 1993. d. Tho following spooios opeoifio provioiono ohall be inoluded within the 'Nildlifo habitat managemont plan if the wildlife survey indioateÐ that tho idontifiod GpooieG utilizOG tho sito or tho Gito iG oapablo of Gupporting and iG likely to cupport Guoh GpeoioÐ: i. Gopher tortoise. For parGels oontaining gepher tortoiceG (Gopherus polyphomus), prierity chall bo givon to proteoting the largest, moot oontiguous gopher tortoioo habitat 'Nith the groatoÐt numbor of activo burrowo, and for providing a oormection to off Gite adjaaeRt gopher tortoioe proGorvOG. ii. Florida sorub jay. Habitat preservation for tho Florida Gorub jay (/\pholoooma ooerulesoons) Ðhall cenform to tho guidolineo contained in Technioal Roport No.8, Florida Game and Fresh Water Fioh CommiGcion, 1991. !\ maintenanoo program shall be ectablishod, whioh Ðhall opocify appropriate fire or meohanioal protocolo to Page 79 of 170 Words sffiie.k tbf01:1gB are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 maintain the natural scrub Ðemmunity. .^'.. public awareness program te eduoato rosidonts aBout the on sito prosorve and tho neee to maintain the scrub '/egotation shall bo dO'lolepod. Theso roquimmonts shall be Ðonsistønt with tho UFWS South Florida Multi Speoies Reoovery Plan, May 1990. iii. Sah:! eaglo. For tho eald oa910 (Haliaootus louoeoephaluo), the required habitat managoment plans shall establish protoGtive zonos around the eagle nest restricting oortain aotivitios. Tho plans shall alse addrøe:s restricting oortain types ef aotivities during tho noot seaaon. Theso requirements shall be oonsistent with the UFWS South Florida Multi Spooies Reoover Plan, May ~ iv. Red oool{adod 'Noodpool{er. For tho rod ooolŒded wooapeokor (lpiGoidos boroalie:), the roquirod habitat protoction 9lan Ðhall outline moasuros to avoid aåverse im:laats to active olustero and to minimizo impactÐ to foraging habitat. 'Nhero adveme eUecto oannot bo avoidod, m03e:ures shall be taken to minimizo on e:ito diÐturbanoe and oompenÐate or miti¡¡¡ate for impactÐ that remain. Theae ro€uirements shall be oonÐistent with tho UFWS South Florida Multi Speoiee: Reoovery Plan, May ~ .. Florida blaok boar. In ar-Qm) whore tho Florisa blaol{ boar (UrsuÐ amorioam.ls floridanus) may eo procont, tho m3nagomont plans shall roquire that gareago be plaood in bear proof oontainoFG, at one or more Gontral looationa. Tho mana¡:)ement plan ÐRall also identify methods to inform looal rosidonts of the oonoerm; rel3tod to intoraction betweon blaok beam and hl:.lmano. Mitigation for impaoting habitat cuitablo for blaok boar chall be oonÐidered in the management plan. vi. Panther. For projeots looated in Priority I or Priority II Panther Habitat areaa, the management plan Ðhall die:oourage the deÐtruotion of undisturbed, nati'/o habitata that are preferred by the Florida panther (Felis oonoolor oory¡) by direoting intenoive land UÐea te ourrently dioturbed areaÐ. Preferred habitata inolude pine flatvloodÐ and hardwood hammookÐ. In turn, thece aroas shall be buffcreå from the mOÐt intenae land uaea of the project by ucing low intenÐity land uaea (e.g., parka, paÐÐive reoreational areae:, golf ooursec). 4. On preperty 'Nhere the wildlife aurvey establishea that listed apeoios are utilizing the site or v:here the aite ia oapable of aupporting IiÐted Ðpeoies and suoh listod speoies oan be antioipated to potentially oooupy the aite, the County ahall, oonoiatent with the RLS^ Overlay of the GMP, oonsider and utilize reoommendations and letteFS of teohnioal assistanoe from the State of Florida Fioh and Wildlifo Conservation Commission and reoommendations from the U.S. Fish and 'Vildlife Servioe in iosuing åevclopment aråers. It ia reoognized that these agenoy recommendations, on a 03e:e by oase basis may ohange the requirements oontained in herein and any suoh ohango shall be deemed oonoiatent with this Code. F. Goff co/;/rSÐ st.;:mda:és. Exoept ae: otherwise required by G. or H. belm.v, all golf ooumes ·....ithin the RLS^ Diotrict that are not within an SPJ\ ahall be Page 80 of 170 Words stmel¡ tffi'a1:tgh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 5:ubjoot to tho following roquiromontc: 1. Golf OOUFGOS ûf:tall bo dosignod, GonstruotoE!, and managed in aooordanoo with .^,uaubon Intornational's Gold Signature Progr-am. Tho projoot chall dOR'lonstrato that tho Prinoiplos for Rocouroo Mana!iomont rOGuirod tJy tho Gold Signaturo Pro€ram (Sito Spooifio /\€so5:cmont, Habitat Son€)itivity, Nativo aRE! Naturalizod Plante and ÞJ3tural L::mdcoa¡:¡ing, \^Jator Concorv3tion, 'Nasto Managomont. E:nor!iY Conûorvation 8. Ronowablo E:norgy Souroos, Transportation, Greon5:paoo and CorriEforG, !\grioulturo, and building DOÐign) havo boon inoor3oratoGl into the golf oOUrÐO'5: do€)ign and oporational proooduroc. In adGlition to addrocsing thoso roquiremontc, golf OQuroos 5:hall moot tho following cpooifio oritoria: 3. In oraor to provont tho oontamination of £oil, surfaoo wator and ground wator ey tho matorials stored aRd handlod by golf OOUFGO maintonanoo operations, golf OOUFSOS chall oomply with tho I!os:t Managomont Practioos for Golf Cour5:o M3intonanoo Dopartmont€), proparod by tho Florida Dopartmont of E:n'lironmontal Protootion, May 1996. b. To protoot ground and s:urfaoo "'lot or quality from fortilizer and postioido ucago, golf ooursos: chall domonstrato tho follol/:ing managomont practioos: i. Tho 1:15:0 of elo\'l roloaco nitrogon E:Ouroos; ii. Tho uso of soil and plaRt tissl:lo analJ'Ðis to acijl:l5:t timing and amol::lnt of fortilization applioationc; iii. Tho uso of an intogratod post managomEmt ¡¡¡rogram using both l3ioloQioal and ohemioal agonts to oontrol various: poetE:; i" .. Tho ooordination of postioido applioations with tho timing and applioation of irrigation wator; and v. Tho uco of tho proooduro oontainod in IFAS Ciroular 1011, MaAagtAg Postiefoos for Go!f Courso MaiAtcnaneo and V'k:Jter Q/;/af.ity ProtOGtioA, May 1991 (revisod 1995) to Galoot pootioidos that will havo a minimum advoroo impact on wator quality. 2. To onoure wator oonsorvation, golf ooursos shall inoorporato tho follO'.ving in thoir dooign and oporation: a. Irrigation syctome chall be docignod to uso woathor station information and moieturo sansing syctoms to dotormine tho optimum amount of irrigation wator noodod conoidoring ooil moicturo and ovapotranspiration ratoo. b. As availablo, golf ooursos ohal! utilizo troatod offluont rouco wator oonoistont with Sanitary Sowor Sub E:lomont Objootivo 1.4 and its polioioo; o. Nati'/o planto Ðhal! bo us:od oxoluoively oxoopt for opooial purposo aroas: suoh as golf greono, fairways, and builåiAg s:itos. Within thoso exooptod areas, landscaping plans s:hall require that at loaot 75% of tho treos and 50°,{. of tho shrubo bo freoze tolorant nativo Floridian spooies. I\t loaot 75~(' of tho roquired nati'.'o treos and chrubc chall also bo drought tolorant cpooioo. Page 81 of 170 Words streak tflrßl:It;ft are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 a. Stormwater maRagement f')ondo ohall bo sosignod to mimio tho funotions of natl::Jral systoms: by oÐtablishing shorelines that aro Ginl::Jol::JG in oORfigl:Jr::Jtion in ordor to provide inore3sed length and divoffiity of the littoral zone. ,II. Litteral ohelf shall bo eotabliohed to previde a fooding aroa f-or wator depeRdeRt avian opeoieo. The combined length ef vertioal and rip rappod 'Nalls shall bo limited to 25% of tho shoreline. Crodito to tho oito prooervation area roquiromento, on an aore to aore basis, shall be gi'..on for littoral shelvos that exoeed theoe littoral ohelf aroa requiremento. G. StÐndarsfi :Jf>fiJ!ieabkJ il'l FS/Œ, FlSAS, [1I'Id WRAS that am Ð~t&:ef) of tho ACSC. The provioiono ef Chapter-G ð, 1, and 10 in effoot ao ef November [ ], 1999, shall 3pply to FS.^.G, HSAs, and \^JR^..s that outside of the /',CSC, with the following oXQoptiono: 1. Site clearing and alteration shall bo limited to 20% of the proporty and nonpermeablo surfaoes shall not oxcoed 50% of any such aroa. 2. Exoept for roado ana lakes, any nonpermeaÐle ourfaoe greater than one aore ohall provido for release of ourfuoe water run off, collected or unoollooted, in a mannor approximatin!i the natural surfaoe water flow regime of the ourrouRding area. 3. Roado shall be designod te allow the passage of surfaoe water flowc threugh the uso of equalizer pipes, intoroopter spreader systoms or performanoe equivalent strI::l6tur.es. 1. Rovogetation and landcoaping of oloams areac shall be accomplished with prodeminantly native spooios and planting of undesiraBle oxotio Gpeoieo shall be prohibited. H. Et1nEia.~es apfJ!iGabf.e to wetlandc f:)/;/tsiee of FE/I.S, FlEAS, WRI'.E, :lAd tho /'.CSC. WetlanEJs looatod outside of FS^s, HS.^.o, VVR^.c, and the ^CSC ohall be ¡¡¡reserved in aooord with tho following oritoria: 1. Tho vogetative preGerv3tion roquiromont sot ferth in e.2. above chall first be met through prm¡ervatien of wetlanås having a funotionality acsessment coore of 0.65 or greator. applicants shall establich tho wetlanå funGtioFlality Goore of wetlands using the South Flerida VVater Management Distriot's Unified wetland Mitigation /'.soeQE,mont Methed, FAC. 62315. Upland vegotative communitieo may be utilized to meet the '/ogetative, opeFl spa6e, and site preoervation requirements '....hen the "':etland funatioFlal aooessment ocore of on sito wetlands is leos than 0.65. 2. t^!etlam.ls utilized by ¡icted species er serving as corridors for the movoment of listod speoies ohGII be preserved on site. 3. 'J'!etland flo....'Way functiens through the project ohall be maintained. 4. Ground water table drawdowns or di'lerciens ohall not adveroely ohange the hydroperied of preoerved wetlaREJs en or offoite and detention and oentrol elevations shall be Get to protect ourrounding wetlands and be oonoistent \'I.'ith surreunding land and project control elevatieno and water tableG. In erder to meet thece require mento, projeotc shall be designed in accordance '.vith Seotions 1.2.2.1.6.11 3nd 6.12 of SFWMD's Basis of Review, January 2001. 5. All direot impaoto ohall be mitigated for as required by applicable fedeml or ctate agencies and in the Game manner as oet ferth in oeotien 4.06.01 of this Code. Page 82 of 170 Words struek tffOl:lgh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 ê. Singlo family rosidenoos shall folio...' the r-oquiroments Gontainod within Polioy 6.2.7 of tho Consorvation and Coastal Management Element. 7. Appropriate bufferin§ shall be provided to sopamte proserved ·.\'etlaAds from other land uses. /\ minimum 50 foot vegetated upland buffer is requires aåjaeent to a natural wator body and for othor ·.\'etlaFlEl5 a minimum 26 foot vegetatod \;Ipland buffer aåjaeeFlt to tho wetlarnl. ,'I. structural buffer, Ðoncicting of a stem wall, a berm, or a vegetativo hod§e with suitable fenoing, may be used in oonjunction with a vegetative bl:lffer that would reduoo the vegetative bl:lffer width by 50%. ^ structural buffer shall be required aåjaeeFlt to wetlam:.s ·....here direct impaotc are allo'<'lc. \^!etlaFlEl buffer-s shall oonform to the follo'....ing standard€:: a. The buffer shall be moasl:lr-od lam:lward from the approved jurisdiotioRalline. b. The buffer zono shall OORGiGt of preservod Flati'le ·.'egetatioFl. Wher-o native ·.'egetation Eloos not exict, Flative 'Jegetation oompatible with the oxisting coils and expooted hydrologio oonditions ehall be planted. o. The buffer shall bo maintainoEl froe of Cato§ory I Exotios. d. Tho follewing land UE:OG are oonsidorod to bo oOR'lpatil3le with v.'etlaFlEl fUFlGtioFls and aro allowed within tho bl:lffer: i. Passivo rClGroQtional aroas, board'NQlkE: and rOÐroQtional E:holtora; ii. PorvioUG nature trails; Iii. '-Vater mQnagomont struGtureG; i" .. Mitigation arOQG; v. ¡'.ny other oonGorvQtion and relatod open 5paGe activity or UDO whioh is oomparablo in nature with the for-ogoing tISeEr. 8. Mitigation Requirements. Mitigation shall be required for diroot impaots to ·....etlanEls, suoh that the wetlanEl funGtional sooro of tho mitigation oqualD or exooodD tho wetlanEl fUAGtioFlal coore of the impaotod wetlanEls. 3. Priority Gh311 be given to mitigQtion within FS/\G and HS^s. b. Loco of otorage or oonveyanoe volume resulting from direot impaots to wetlaAEls shall be oompensated for by providing an equal amount of storage or oonveyanoe oapaoity on site Qnd within or adjaaeAt to the impaoted wetlaAEI. o. Proteetion chall bo previded for proGerved or croated wetlaAEI or upland vogetativo oommunitiec offered as mitigQtion by plaoing a conservation eaSQmeAt over the land in perpetuity, providing for initial exotic plant removal (Class I invasive exotio pl3nts dofined by tho Florida Exotio Plan Counoil) and oontinuing exotio plant maintenance, or by appropriate ownerahip trancfer to a &tate or foderal agonoy along with suffioient funding for perpotual management aotivitios. Page 83 of 170 Words stmek tftreag}¡ are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ~J 9. Prior to iGSUaAGe ef any final åe'.'eleplllent eFEler that autherizes sito alteratien, the applisaRt shall aemoAÐtrate oomplianoe wit:¡ paragraphc 8.0. through 8.0. above, 00 applioable. If state or fodoral agonGY pormits have not µrovid09 mitigation oonsictont with paragraphs 8 above, tho County ohall roquiro Ffitigation exooeding that of the jurisdiotional agenoioo. 10. WetlaAE' procorvation, Indfer areas, and mitigÐtion aroas shall bo idontified or plattod aÐ Ðoparote traotc. In the oase ef a PlanneEl Unit develepllleRt (PUD), theÐo aroas shÐII alGo bo depioted on the PUD Mastor Plan. Thoso areas shall bo maintainod froo from trash and def.:>riÐ and from Category I Exotioo. Land UGes allowed in these areas chall be limited to those identified in 7.d. abo\lo. * * * * * * * * * * * SUBSECTION 3. CC. AMENDMENTS TO SECTION 5.04.06 Annual Beach Events Permit Section 5.04.06 Annual Beach Events Permit, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 5.04.06 Annual Beach Events Permit E. Sea turtle nesting season. Annual beach events which occur during sea turtle nesting season (May 1st through October 31st of each year) are also subject to the following regulations: 29 30 31 32 33 34. 35 36 37 38 39 4 4 4 4 4 4 4 4 4 49 50 5 5 5 5 5 5 57 58 59 60 1. All required Florida Department of Environmental Protection (FDEP) field permits, shall be obtained and a copy furnished to Collier County prior to the time of the scheduled event as set forth in section 5.04.06(C). 2. Consistent with section 10.02.06, and the Code of Laws of Collier County, no structure set up, or beach raking or mechanical cleaning activity for any particular beach event shall commence until atter monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit has been completed. 3. Prior to all scheduled beach events, every beach event permit holder is required to rope off (or otherwise identify with a physical barrier) an area with no less than a 15-foot radius out from each sea turtle nest that has been identified and marked on a beach , unless a greater distance is required by an applicable state permit. 4. Use of vehicles on the beach is prohibited, except as may be permitted under the Code of Laws of Collier County SECTION 10.02.06 I. .* * * * * * * * * * 9. A copy of all notices required by any permit or these regulations must also be provided by the permit holder to Collier County Natural ReGÐl:JrOeG Department the County Manager or desianee. Note: When a state permit is more restrictive than the Code requirements, the State requirements shall supersede, and the county shall enforce these requirements. * * * * * * * * * * Page 84 of 170 Words struelc threligh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 SUBSECTION 3. DD. AMENDMENTS TO SECTION 5.02.03 Standards [Home Occupations] Section 5.02.03 Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 5.02.03 Standards The home occupation shall be clearly incidental to the use of the dwelling for dwelling purposes. The existence of the home occupation shall not change the character of the dwelling. A. An allowable home occupation &Ratl must be conducted by an occupant of the dwelling. B. There shall be no on-site or off-site advertising signs. C. The use shall not generate more traffic than would be associated with the allowable residential use. To that end. travelina to and from as well as meetina or parkina at the residence bv either emplovees of the business operated therefrom who are not residina at the subiect address or by customers or clients of the home occupations is prohibited. SUBSECTION 3. EE. AMENDMENTS TO SECTION 5.03.02 Fences and Walls Section 5.03.02 Fences and Walls, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 5.03.02 Fences and Walls A. All districts. 1. Whenever a property owner elects to efeGt construct a chain link fence~ pursuant to the provisions herein~ adjacent to an arterial or collector road in the urban coastal area, saia feRee shall not be located fIeaFeF closer than three (3) feet to the right-of-way or property line, and said fence shall be screened from view by planting a vegetativo hedge of livina plant material at a minimum of thirty (30) inches in height at planting and spaced at a distance apart that will achieve an opacity ~ of eighty (80) percent siaht-obscuring screen within one (1) year of planting. An irrigation system shall be installed to ensure the continued viability of the vegetative hedge as a visual screen of the chain link fence. This regulation shall not apply to single-family homes. a. Structures subiect to section 5.05.08 Architectural & Site Desian Standards must comply with the followina additional fencing standards: I. Chain link and wood fences are prohibited forward of the primary facade and must be a minimum of 100 feet from a public riaht-of-wav. Chain link and wood fencina facina a public or private street must be screened with an irriaated hedae planted directly in front of the fence on the street side. Plant material must be a minimum of three aallon in size and planted no more than three feet on center at time of installation. This plant material must Page 85 of 170 Words stroele wSl:Iga are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 be maintained at no less than three-auarters of the heiaht of the adiacent fence (See Illustration 5.03.02 A.1.a. - 1 ). ii. Fences forward of the primary facade. excludina chain link and wood are permitted under the followina conditions: (a) Fences must not exceed four feet in heiaht. (b) The fence provides either an open view at a minimum of 25 percent of its lenath or provides variation in its heiaht for a minimum of 15 percent of its lenath with a deviation of at least 12 inches. * (c) The fence stvle must complement buildina stvle throuah material. color and desian. * * * * * * * * * * 4. Barbed wire is authorized within agricultural, commercial, industrial districts and on fences surroundina raw water wells in all districts. Razor or concertina wire is not permitted except in the case of an institution whose purpose is to incarcerate individuals, i.e., a jailor penitentiary, or by appeal to the BZA. * * * * * * * * * * * C. Residential Zoning Districts 1. Fences or walls on lots greater than one (1) acre in area may reach a maximum height of six (6) feet: except for raw water wells. for which the allowable heiaht is eiaht (B) feet. * * * * * * * * * SUBSECTION 3. FF. AMENDMENTS TO SECTION 5.05.02 Marinas Section 5.05.02 Marinas, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 5.05.02 Marinas A. The following standards are for the purpose of manatee protection and are applicable to all multi-slip docking facilities with ten slips or more. and all marina facilities. SUBSECTION 3.GG. AMENDMENTS TO SECTION 5.05.08 Architectural and Site Design Standards Section 5.05.0B Architectural and Site Design Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 5.05.08 Architectural and Site Design Standards * * * * * * * * * * * * B. Applicability. The provisions of section 5.05.02 apply: * * * * * * * * * * 4. Raw water wells in Collier County do not have to meet the provisions of this Section provided that well houses surroundina the raw water well shall not have any wall planes exceeding 35 feet in lenath or have an Page 86 of 170 Words stR:lelc Hlretlgfl are deleted, words underlined are added 1 2 3 4 5 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 actual build in a heiaht Qreater than eiQhteen (18) feet. excluding communications equipment. Fences and walls surroundinQ raw water wells must be screened with plant materials as described in Section 4.06.05.B.6. and are exempt from Sections 5.05.08.C.3 and 5.05.08.0.2 of this Section. * * * * * * * * * * * M. Building design standards. * * * * * * * * * * * 4. Variation in massing. A single, large, dominant building mass must be avoided. Changes in mass must be related to entrances, the integral structure and the organization of interior spaces and activities, and not merely for cosmetic effect. False fronts or parapets create insubstantial appearance and are discouraged. All facades, excluding courtyard area, shall be designed to employ the design treatments listed below. a. Projections and recesses. * * * * * * * * * * * a. Wall plane changes. * * i. For buildings oxoeeding 5,000 square foot in grOÐG building aroa, any fnçaElo with horizontallongtf:1 oxoooding 50 linoar foot mUGt inoorporato wall piano projootiORO or roOOÐÐ06 having dopth of at loast throe foot, with a Ginglo wall piano limited to no more thnn throe foot, 'Nith a sin1310 wall piano limitod to no moro than SO percont Ðf oaoh affeotod fuçado. Buildinas subiect to the proiections or recesses depths required bv 5.05.08.C.4.a must not have a sinQle wall plane exceedinQ 60 percent of each facade. * * * * * * * * * 5. Project Standards. * * * * * * * * * c. Building design treatments. Each building facade must have at least four of the following building design treatments: SUBSECTION 3.HH. AMENDMENTS TO SECTION 5.05.09 Communications Towers Section 5.05.09 Communication Towers, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 5.05.09 Communication Towers * * * * * * * * * * * C. Migratory Birds and other Wildlife Considerations. 1. Ground Mounted towers. Except to the extent not feasible for the respective new ground mounted tower's intended purpose(s), each new ground mounted tower that will exceed a height of seventy-five (75) feet (above ground), exclusive of antennas, but will not exceed a height of one hundred and ninety-nine (199) feet above natural grade, exclusive of antennas, should not be guyed. If the applicant proposes Page 87 of 170 Words stluelc tàrÐtlgà are deleted, words underlined are added "~.._....- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 that a new ground mounted tower within this height range be guyed, the applicant shall have the burden of proving the necessity of guying the tower. 2. Bird Diverter Devices. Each new ground mounted guyed tower installed on or after the offective date of this Ordinanoe Februarv 20. 2004, greater then seventy-five (75) feet in height above natural grade, exclusive of antennas, shall have installed and maintained bird diverter devices on each guy wire (to reduce injuries to flying birds). 3. Habitat Loss. In addition to the requirements in Chapters 4 ª and 10, towers and other on-site facilities shall be designed, sited, and constructed to minimize habitat loss within the tower footprint. At such sites, road access and fencing, to the extent feasible, shall be utilized to minimize on-site and adjacent habitat fragmentation and/or disturbances. * * * * * * * * * * * G. Development standards for communication towers. * * * * * * * * * * * 23. All existina and proposed around mounted and rooftop towers and antennas with a heiaht areater than 150 feet shall be reauired to have a solid red beacon or dual mode liahts unless exempted in writina bv the Collier Mosauito Control District. Such liahts shall meet the then existina Federal Aviation Administration (FAA) technical standards. The total structure heiaht shall include all appendaaes and attachments. such as antennas. liahts. liahtening rods. or anv other accessory device that would extend the heiaht of the tower. All existina towers shall have six months (180 davs) from [the effective date of this Amendment] to complv with the reauirement. If the FAA rules reauire liahtina. then the applicant shall complv with such rules. 24. A copv of each application for a tower in excess of 150 feet shall be supplied bv the applicant to the Collier Mosauito Control District or desianee. SUBSECTION 3.11. AMENDMENTS TO SECTION 5.05.12 Specific Standards for Raw Water Wells in Collier County Section 5.05.12 Specific Standards for Raw Water Wells in Collier County, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 5.05.12 Specific Standards for Raw Water Wells in Collier Countv A. Applicable desiqns for raw water wells selected from the Collier County Utility Standards Manual shall be submitted for appropriate County staff review of the followina reauirements. B. Setback Requirements. 1. Well houses enclosina raw water wells which are greater than four hundred (400) square feet in size must meet the followina minimum setbacks: Adiacent to Riaht-of-Way - 25 feet Side yard from adioinina property - no less than the underlYing zonina district's requirements for side yard setback Page 88 of 170 Words stroek éb£s\iga are deleted, words underlined are added 1 Rear yard from adioining property - 25 feet 2 For well houses within easements - 6 feet or the above 3 setbacks where an easement line is coincidental with the 4 property line. 5 6 Appurtenant eauipment. includina. but not limited to antennas. pia 7 launchers. fuel tanks. and transformers. not enclosed by a fence or 8 wall. shall not be considered separate structures and shall be setback 9 six (6) feet from a property or easement line. 10 11 2. Well houses enclosina raw water wells which are eaual to or less 12 than four hundred (400) sauare feet must meet the followina minimum 13 setbacks: 14 Adjacent to Riaht-of-Wav -15 feet 15 Side yard from adioinina property - no less than the underlvina 16 zonina district's reauirements for side yard setback 17 Rear yard from adioinina property - 10 feet 18 19 For well houses within easements - 6 feet or the above setbacks where an 20 easement line is coincidental with the property line. 21 22 Appurtenant eauipment. includina. but not limited to antennas. pia 23 launchers. fuel tanks. and transformers. not enclosed by a fence or 24 wall. shall not be considered separate structures and shall be setback 25 six (6) feet from a property or easement line. 26 27 3. Fences and walls enclosina raw water wells and appurtenant 28 eauipment includina. but not limited to well yaults and enclosures. 29 meters. control panels. aenerators. antennas. pia launchers and 30 transformers must meet the followina setbacks: 31 32 Adjacent to Riaht-of-Wav or easement line- 5 feet 33 Side yard or easement line - 5 feet. Appurtenant eauipment. other 34 than antennas. that exceeds the heiaht of the fence or wall. shall be 35 setback no less than the underlyina zonina district's reauirements for 36 side yard setback 37 38 Rear yard or easement line - 5 feet 39 40 Raw water well easements contained within a laraer public 41 easement - 2 feet 42 43 Fence or wall heiahts may be between six (6) feet and eiaht (8) feet in 44 height. 45 Appurtenant eauipment shall not be considered as separate 46 structures. 47 48 C. Raw water well site access: 49 50 1. Direct access from public ways shall be limited to one access 51 point location and must otherwise comply with the reauirements of 52 LDC Section 4.04.02. 53 54 2. Access from an easement must provide leaal access to a public 55 or approved private way. Access from an existina public way to an 56 easement must otherwise comply with the reauirements of LDC 57 Section 4.04.02. 58 59 D. Prior to Countv approval of a raw water well site under this Code. the 60 applicant shall obtain a consumptive use permit from South Florida Water 61 Manaaement District (SFWMD) and meet the reauirements of any state or 62 federal aaency having iurisdiction oyer well development or siting. Page 89 of 170 Words strue!c tRrel:lgfl are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 E. Stormwater manaaement and environmental resource Dermits for raw water well sites shall be aoverned bv the reauirements of SFWMD and or Florida DeDartment of Environmental Protection (DEP). and if aDDroval is aranted for the well(s) bv SFWMD or DEP under those reauirements. the Droiect mav be considered for a waiver from the reauirements of Section 10.02.02 A. F. LandscaDina and bufferina shall conform to the reauirements of Section 4.06.05 B.6. G. Site Dlannina review and aDDroval for raw water wells must follow the reauirements of an insubstantial chanae to a Site DeveloDment Plan or Site ImDrovement Plan review Drocess Drovidina water from such wells is conveyed throuah Dhvsicallv connected infrastructure to a Dublic or auasi- Dublic treatment facility. The svstem of Dhysically inter-connected infrastructure and wells may be considered to be collective Iv located "on- site". * * * * * * * * * * * * SUBSECTION 3.JJ. AMENDMENTS TO SECTION 5.06.00 Signs Section 5.06.00 Signs, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 5.06.01 Generally * * * * * * * * * * * B. Signage Table The following table is intended to provide a graphic representation of the various permitted residential and commercial signs, but may not encompass all of the requirements for those signs. For the specific regulations, please see the appropriate subsections throughout this section of the code. Page 90 of 170 Words struek thretlgh are deleted, words underlined are added z ... o ->- ¡g~ .Q c: ===<1) :gE <~ ·3 0- Q) a:: E ~~o~.. ...000 Q) >- ..' ::J a. C'-' ..;:!aJ g' a¡g £; :s .!:::. en...... '§ 5-00. en &..ðJ en Q) CI (\ ¡: CI ëñ 12 'E Q) -c ëñ Q) a:: ... o Q) N ëñ Õ ...J CI ¡: .5. ~ en -c c: (\ ...J ~ (.) (\ ..0 Qj C/) 1: CI .ã) J: X (\ :2 ¡: CI ëñ X (\ :2 - o ... Q) ..0 E ::¡ z X (\ :2 Q) c. >. I- ¡: CI ëñ o 0 en ZZ~ Q) N ëñ Q) CI .æ ¡: e lL. en Q) ~ Ö en (.) 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No sian shall hereafter be erected. placed. altered or 11 moved unless in conformity with this Code. Allsians located within 12 Collier Countv shall complv with the followina reauirements: 13 14 1. The issuance of a sian permit pursuant to the reauirements of 15 this Code shall not permit the construction or maintenance of a 16 sian or structure in violation of an existina countv. state or 17 federal law or reaulation. 18 19 2. All sians for which a permit is reauired shall be subiect to 20 inspections bv the Countv Manaaer or his desianee. The 21 Countv Manaaer or his desianee is herebv authorized to enter 22 upon anv property or premises to ascertain whether the 23 provisions of this Code are being adhered to. Such entrance 24 shall be made durina business hours. unless an emeraencv 25 exists. The County Manaaer or his desianee may order the 26 removal of any sian that is not in compliance with the 27 provisions of this Code. is improperlv maintained. or which 28 would constitute a hazard to the public health. safety. and 29 welfare. 30 31 3. The County Manager or his desianee shall be charaed with 32 interpretation and enforcement of this Code. 33 34 B. Enforcement procedures. Whenever. bv the ProvIsions of this 35 Code. the performance of an act is reauired or the performance of 36 an act is prohibited. a failure to complv with such provisions shall 37 constitute a violation of this Code. 38 39 1. The owner. tenant. and/or occupant of any land or structure. or 40 part thereof. and an architect. builder. contractor aaent. or other 41 person who knowingly participates in. assists. directs. creates 42 or maintains any situation that is contrary to the reauirements of 43 this Code may be held responsible for the violation and be 44 subject to the penalties and remedies provided herein. 45 46 2. Where any sian or part thereof violates this Code. the County 47 Manaqer or his designee may institute any appropriate action or 48 proceedinqs to prevent. restrain. correct. or abate a violation of 49 this Code. as provided bv law. includina prosecution before the 50 Collier County Code Enforcement Board aqainst the owner. 51 aaent. lessee. or other persons maintaining the sian. or owner. 52 or lessee of the land where the sian is located. 53 54 3. If a sian is in such condition as to be in danger of fallinq. or is a 55 menace to the safety of persons or propertv. or found to be an 56 immediate and serious danaer to the public because of its 57 unsafe condition. the provisions of section 2301.6 of the 58 Standard Buildina Code. as adopted bv Collier County shall 59 govern. 60 61 4. Code enforcement shall immediatelv remove all sians in 62 violation of this Section that are located in or upon public rights- Page 93 of 170 Words stmek t&atlgB are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 of-way or public property. 5. Penalties. If any person, firm or corporation. whether public or private. or other entity fails or refuses to obey or complv with or violates any of the provisions of this Code. such person. firm. corporation. or other entitv. upon conviction of such offense. shall be auiltv of a misdemeanor and shall be punished bv a fine not to exceed $500.00 or bv imprisonment not to exceed 60 days in the county jail. or both, in the discretion of the court. Each violation or noncompliance shall be considered a separate and distinct offense. Further. each day of continued violation or noncompliance shall be considered as a separate offense. a. Nothina herein contained shall prevent or restrict the county from takina such other lawful action in any court of competent iurisdiction as is necessarv to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to. an eauitable action for iniunctive relief or an action at law for damaaes. b. Further. nothina in this section shall be construed to prohibit the county from prosecutina anv violation of this Code bv means of a code enforcement board established pursuant to the subsidiarv of F.S. Chapter 162. * * * * * * * * * * SUBSECTION 3. LL. AMENDMENTS TO SECTION 6.01.02 Easements Section 6.01.02 Easements, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 6.01.02 Easements If applicable, easements shall be provided along lot lines or along the alignment of the improvements requiring easements in accordance with all design requirements so as to provide for proper access to, and construction and maintenance of, the improvements. All such easements shall be properly identified on the preliminary subdivision plat and dedicated on the final subdivision plat. * * * * * * * * * * * C. Protected/preserve area and easements. ^ nonexoluGi':e easement or tract in favor of the County, without any maintenanoe obligation, Ghall be provided for all ·protected/preGerve· areaG required to be deGignated on the preliminary and final subdi'.'ision platG. Any buildablo lot or parsel Gubjoct to or abutting a protoctod/preserve arca roquired to be deÐignatod on tho proliminary and final subdivision plate chall have a minimum t\....enty five (26) foot setbaek from the boundary of Guoh proteotedJpreGerve area in whioh no prinoiplo structure may be con&tructod. Furthor, the preliminary and final subdi':iGion plats chall require that no alteration, including assessor}' struGtures, fill placement, grading, plant alteration or removal, or Gimilar activity choll be permitted within Guch setbask area without the prior ....'ritten ooncent of the County Manager or decignee; provided, in no event Ðhall thece activitieG be permitted in cuoh setback area within ton (10) feot of the protected/preÐerve aroa boundary, unleGe the above setbacks are aooompliGhed through buffering purGuant to Gection 4.013.00. For provisions related to protected/preserve area and easements. see section 10.02.04 B.1. ofthis code. Page 94 of 170 Words struele threl:lgH are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 3 3 3 3 3 3 4 4 4 43 44 45 46 47 48 49 50 51 ~¡ 55 56 57 58 59 60 61 62 SUBSECTION 3. MM. AMENDMENTS TO SECTION 6.06.01 Street System Requirements Section 6.06.01 Street System Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 6.06.01 Street System Requirements * * * * * * * * * * * O. The minimum right-of-way widths to be utilized shall be as follows and, where applicable, shall be classified by the cross-sections contained in Appendix B, and will be directly related to traffic volume as indicated in the definition of each street oontinuod contained herein and, where applicable, clarified by the cross-sections contained in Appendix B. ~.Erivate street right-of-way widths and design may be determined on a case-by-case basis in accordance with Chapter 10. In the event that the aDDlicant does not applv for a preliminary subdivision plat. the aDDlicants enaineer mav reauest that the Countv Manaaer or his desianee approve an altemate private riaht- of-wav cross-section. The reauest shall be in writina and accompanied with documentation and iustification for the alternate section based on sound enaineerinQ principals and practices. * * * * * * * * * * SUBSECTION 3. NN. AMENDMENTS TO SECTION 8.06.01 Establishment Section 8.06.01 Establishment, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 8.06.01 Establishment There is hereby established an Environmental Advisory Council (nEC/\") ("EAC") wAiGR. The EAC obtains its jurisdiction, powers, and limits of authority from the BCC, and pursuant to this LDC, shall act in an advisory capacity to the BCC in matters dealing with the regulation, control, management, use, or exploitation of any or all natural resources of or within the County, and the review and evaluation of specific zoning and development petitions and their impact on those resources. * * * * * * * * * * SUBSECTION 3. 00. AMENDMENTS TO SECTION 8.06.03 Powers and Duties Section 8.06.03 Powers and Duties, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 8.06.03 Powers and Duties The powers and duties of the EAC are as follows: * * * * * * * * * * O. The EAC shall review all land develoDment petitions which require the followinQ: an environmental imDact statement leiS) per section 10.02.02 of the LDC: all develoDments of reQional impact (DR): lands with special treatment (ST) or area of critical state concern/special treatment (ACSC/ST) zoning overlavs: or any petition for which environmental issues cannot be Page 95 of 1 70 Words streak thi-ÐRgh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 resolved between the aDDllcant and staff and which is requested bv either Dartv to be heard bv the EAC. The EAC shall also review anv Detition which requires aDDroval of the Collier County Planninq Commission (CCPC) or the board of county commissioners (BCC) where staff receives a request from the chairman of the EAC. CCPC or the BCC for that Detition to be reviewed by the EAC. 1. Any Detitioner may request a waiver to the EAC hearinq requirement. when the followinq considerations are met: 1) no Drotected sDecies or wetland imDacts are identified on the site: 2) an EIS waiver has been administratively qranted: 3) ST zoninq is Dresent and an administrative aDDroval has been qranted: or 4) an EIS was Dreviouslv comDleted and reviewed bv staff and heard bv a Dredecessor environmental board. and that EIS is less than five years old (or if older than five years. has been uDdated within six months of submittal) and the master Dlan for the site does not show qreater imDacts to the Dreviouslv desiqnated Dreservation areas. 2. The surface water manaqement aSDects of any Detition. that is or will be reviewed and Dermitted by South Florida Water Manaqement District (SFWMD). are exemDt from review by the EAC. ** * * * * * * * * * SUBSECTION 3. PP. AMENDMENTS TO SECTION 8.09.02 Jurisdiction, Authority and Duties SECTION 8.09.02 Jurisdiction, Authority and Duties, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: SECTION 8.09.02 Jurisdiction, Authority and Duties In addition to the jurisdiction, authority and duties which may be conferred upon the community development and environmental services administrator by other provisions of the county Code of Collier County or the county manager, the community development and environmental services administrator shall have the following jurisdiction, authority and duties: A. To provide the board of county commiSSioners, the Development Services Advisory Committee, planning commission, the board of zoning appeals, the building board of adjustments and appeals, the code enforcement board, and the contractors' licensing board, with reports and recommendations with respect to matters before such bodies as directed by the board of county commissioners or the county manager. B. To administer and manage the Planning Services, Pollution Control, N3tural Rosourcos Environmental Services, Building Review and Permitting, Code Enforcement and housing and urban improvement departments, and oversee the preparation of the budget for each. C. For the purposes of this code the phrases Development Services Director, Growth Management Director, Code Compliance Director, Growth Planning Director and Planning Services Director, shall mean the Community Development and Environmental Services Administrator, or his designee. 9.04.00 VARIANCES Page 96 of 170 Words stFHel¡ tht-sllgh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 SUBSECTION 3. QQ. AMENDMENTS TO SECTION 9.04.00 Variances Section 9.04.00 Variances, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 9.04.00 VARIANCES 9.04.01 Generally A. Purpose. In specific cases, variance from the terms of the LDC may be granted where said variance will not be contrary to the public interest, safety, or welfare and where owing to special conditions peculiar to the property, a diminution of a regulation is found to have no measurable impact on the public interest, safety or welfare; or a literal enforcement of the LDC would result in unnecessary and undue hardship, or practical difficulty to the owner of the property and would otherwise deny the property owner a level of utilization of his/her property that is consistent with the development pattern in the neighborhood and clearly has no adverse effect on the community at large or neighboring property owners. B. Historic Places. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this section. C. For specific procedures associated with Variances. please see section 10.09.00 of the LDC. * * * * * * * * * * * 9.04.02 Types of Variances Authorized A variance is authorized for any dimensional development standard, including the following: height, area, and size of structure; height of fence; size of yards and open spaces; dimensional aspects of landscaping and buffering requirements; size, height, maximum number of, and minimum setback for signs; and minimum requirements for oft-street parking facilities. A. Variances for signs. The board of zoning appeals based upon the evidence given in public hearing; and the findings of the planning commission should determine to the maximum extent possible if the granting of the variance will diminish or otherwise have a detrimental effect on the public interest, safety or welfare. A variance from the terms of this zoning code may be granted based on the requirements of this section 9.04.00 or where it can be demonstrated that a sign has significant historic or community significance, and pursuant to the criteria and procedures set forth in this section 9.04.00. In granting any variance, the board of zoning appeals may prescribe the following: 1. Appropriate conditions and safeguards in conformity with this Code or other applicable county ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Code. 2. A reasonable time limit within which the action for which the variance required shall be begun or completed or both. 9.04.03 Criteria for Variances Fin din as. Before any variance shall be recommended for approval to the board of Page 97 of 170 Words stmek threugli are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 zoning appeals. the planning commission shall consider and be auided by the followina standards in makina a determination: * * * * * * * * * * * * 9.04.06 Specific Requirements for Variance to the Coastal Construction Setback Line F. Cortain aotivitioo that may tomporarily alter §round olovationD ouoh aG 3rtifioial beaG:¡ nourishmcmt projoots, oxcavation or maintonanoo drodgin§ of inlot ohannols may be permittod soaward of the Doactal eonstruotion setbaGk line if said aotivity iG in oomplianoe with the Collior County GMP aAEI reoeives Fodoral and Stato agonoy appro·/aID. Until Duoh time aD tho foe oohodulo oan bo amondod, tho foo shall bo $100.00 for theE:e beaG:¡ nourishment pormitG G. Procedures for obtaining variance. 1. A written petition requesting a variance from the established setback line shall be filed with the board of Dount)' oommicsionor!:> BCC or their designee. The petition shall set forth: a. A description of petitioner's property to include the information requested on a current Collier County request for a coastal construction setback line variance form; b. A description of the established setback line and the line which petitioner wishes to be varied; c. The justification upon which the petitioner relies for the granting of the variance, to include compliance with the Collier County growth management plan, conservation and coastal management element. 2. Notice and public hearing for coastal construction setback line variances. An application for coastal construction setback line (CCSL) variance shall be considered by the board of oounty oommissionor!:> BCC pursuant to the following public notice and hearing requirements. a. The applicant shall post a sign at least 45 days prior to the date of the public hearing by the board of oounty oommiGoioners BCC. The sign shall contain substantially the following language and the sign copy shall utilize the total area of the sign: PUBLIC HEARING REQUESTING CCSL VARIANCE APPROVAL (both to contain the following information:) TO PERMIT: (Sufficiently clear to describe the type of variance requested). DATE: TIME: TO BE HELD IN BOARD OF COUNTY COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER. b. The area of a property sign shall be as follows: Page 98 of 170 Words stmek tlHsl:Igfl. are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 i. For a property less than one acre in size, the sign shall measure at least one and one-half square feet in area. ii. For a property one acre or more in size, the sign shall measure at least 32 square feet in area. c. In the case of a sign located on a property less than one acre in size, such sign shall be erected by the County Manager or his designee in full view of the public on each street side of the subject property and on the side of the property visible from the beach. Where the property for which approval is sought is landlocked or for some other reason a sign cannot be posted directly on the subject property, then the sign shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. d. In the case of sign(s) located on a property one acre or more in size, the applicant shall be responsible for erecting the required sign(s). The sign(s) shall be erected in full view of the public on each street upon which the subject property has frontage and on the side of the property visible from the beach. Where the subject property is landlocked, or for some other reason the sign(s) cannot be posted directly on the property, then the sign(s) shall be erected along the nearest street right-of-way, with an attached notation indicating generally the distance and direction to the subject property. There shall be at least one sign on each external boundary which fronts upon a street, however, in the case of external boundaries along a street with greater frontages than 1,320 linear feet, signs shall be placed equidistant from one another with a maximum spacing of 1,000 linear feet, except that in no case shall the number of signs along an exterior boundary fronting on a street exceed four signs. The applicant shall provide evidence to the planning oor:vioeo department Countv Manaaer or desianee that the sign(s) were erected by furnishing photographs of the sign(s) showing the date of their erection at least ten days prior to the scheduled public hearing by the board ef oounty oommi&Gienero BCC. The sign(s) shall remain in place until the date of either of the following occurrences: 1. Final action is taken by the board of oounty oommisoioners BGC or 2. The receipt of a written request by the planning oervioeo department director Countv Manaaer or desianee from the applicant to either withdraw or continue the petition indefinitely. e. Notice of the time and place of the public hearing by the Ðeaf4 of oounty oommÏls;cionom BCC shall be advertised in a newspaper of general circulation in the county at least one time and at least 15 days prior to the public hearing. Where applicable, the notice shall clearly describe the proposed variance. The advertisement shall also include a location map that identifies the approximate geographic location of the subject property. f. The board of oounfiy oommiosioners BCC shall hold one advertised public hearing on the proposed variance and may, upon the conclusion of the hearing, immediately adopt the resolution approving the variance 3. The board of oounty oommis£ionerG BCC shall notify petitioner in writing of its decision within 15 days of the public hearing. Page 99 of 170 Words stmek tŒEJligR are deleted, words underlined are added - -.._-~~~,""._-~- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 4. Any person aggrieved by a decision of the board of oounty oommiosionorG BCC 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 oounty oOFAmiosionoro BCC. Review in the circuit court shall be by petition for a writ of certiorari and shall be governed by the Florida Appellate Rules. H. Exemptions. Exemptions shall be reviewed administratively for compliance with applicable county codes, and shall not be heard by the board of oounty oOFAmiDoionorG BCC. Exemptions to this section 9.04.06 shall include: 1. The removal of any plant defined as exotic vegetation by county code. 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 foundation 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. 3. Any structures, that: 1) do not constitute fixed structure(s), 2) do not require a building permit, 3) weigh less than 100 pounds, and 4) upon review by the County Manager or his designee or hiD dosigneeD, is determinod to does not present an actual or potential threat to the beach and the dune system and adjacent properties are exempt from the variance requirements of this division section. This exemption shall not be effective during sea turtle nesting season (May 1--0ctober 31) unless the structures are removed daily from the beach prior to 9:30 p.m. and are not moved onto, or placed on, the beach before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit (daily sea turtle monitoring), or unless the beach furniture is being actively used or attended during the period of time from 9:30 pm until the next day's monitoring. Exemptions allowed under this provision are not intended to authorize any violation of F.S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. SUBSECTION 3. RR. AMENDMENTS TO SECTION 10.01.02 Development Orders Required Section 10.01.02 Development Orders Required, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 10.01.02. Development Orders Required A. Development Order Reauired. No on-site or off-site development or development related activities. includina site preparation or infrastructure construction. will be allowed prior to approval of the otherwise reauired development order or development permit includina. but not limited to: SDP. SIP. Construction Drawinas. or SCPo except where earlv work authorization has been approved. Page 100 of 170 Words stmek thf6Ngß are deleted, words underlined are added 1 2 B. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Early Work Authorization ŒWA). 1. An EWA Dermit may be aDDrOyed by the County Manaaer. or desianee. for one or more of the following activities: a. Veaetation removal (site clearina). b. Excavations. c. Site fillina. d. Construction of stormwater manaaement facilities limited to Donds. retention/detention areas. interconnection culverts. and swale systems: and. e. Off-site infrastructure. f. Construction of a Derimeter landscaDe buffer. berm. wall. or fence. 2. The County may issue an EWA Dermit for the allowed activities. subiect to demonstrated comDliance with the followina criteria. as aDDlicable: a. The DroDosed yeaetation remoyal comDlies with Section 3.05.05.0.: b. County riaht-of-wav Dermit has been aDDroved. c. A determination of native veaetation to be retained for landscaDina which would comDly with Section 4.06.00. d. An excavation Dermit has been aDDroved. e. A Soil and Erosion Control Plan demonstratina comDliance with the Drovisions of Section 10.02.02. C. f. CODies of all aDDroved Aaency Dermits beina submitted. includina. but not limited to: SFWMD. ACOE. USFWS. and FFWCC. Q. Determination of leaal sufficiency of the EWA Dermit by the County Attorney's Office. h. Postina of a Reveaetation Bond of not less than $2.000 nor more than $5.000 Der acre deDendent on the character of veaetation being removed. i. Assurance that all underlYing zonina aDDrovals are in Dlace (e.a. PUD. C.U.. etc.) i. This aDDroval is aood for 60 days with the Dossibility of 2 ea. 30 day extensions deDendent on the reason for the inability to aain DrODer aDDrovals. After that time. cleared areas must be graded off and hydro-seeded. k. The develoDer must clearly state his understandina that all such Dreliminarv construction activities are at his own risk. Page 101 of 170 Words sk-i:lek tftFØHgh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 I. Provide assurance that the schedule of development activities created in accordance with the VRSFP. will commence at the time the EWA is issued. and will be a part of that 18 month time frame as set forth in Section 4.06.04 A 1.a.vii.d. * * * * * * * * SUBSECTION 3. TT. AMENDMENTS TO SECTION 10.02.02 Submittal Requirements for All Applications Section 10.02.02 Submittal Requirements for All Applications, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 10.02.02 Submittal Requirements for All Applications A. Environmental impact statements * * * * * * * * * * * 4. Information required for application. * * * * * * * * * * d. Native vegetation preservation. i. Identify the acreage and community type of all upland and wetland habitats found on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS). Provide a description of each of the FLUCFCS categories identified on-site by vegetation type (species), vegetation composition (canopy, midstory and ground cover) and vegetation dominance (dominant, common and occasional). Ii. Explain how the project meets or exceeds the native vegetation preservation requirement in Goal 6 of the Conservation and Coastal Management Element of the Growth Management Plan, and Chapters 4 ~ and 10 of the Land Development Code. Provide an exhibit illustrating such. Include calculations identifying the acreage for preservation and impact, per FLUCFCS category. iiI. For sites already cleared and in agricultural use, provide documentation that the parcel(s) are in compliance with the 25 year rezone limitation in Policy 6.1.5 of the Conservation and Coastal Management Element of the Growth Management Plan and Chapters 4 ~ and 10 of the Land Development Code. For sites cleared prior to January 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the Growth Management Plan and Land Development Code. * * * * * * * * * * g. Listed species. I. Provide a plant and animal species survey to include at a Page 102 of 170 Words stRIek threugfl are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 minimum, listed species known to inhabit biological communities similar to those existing on-site, and conducted in accordance with the guidelines of the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service. State actual survey times and dates, and provide a map showing the location(s) of species of special status identified on-site. ii. Identify all listed species that are known to inhabit biological communities similar to those existing on the site or that have been directly observed on the site. iii. Indicate how the project design minimizes impacts to species of special status. Describe the measures that are proposed as mitiaation for impacts to listed species. * * * * * * * * * * 7. Exemptions. a. The EIS exemption shall not applv to anv Darcel with a ST or ACSC-ST overlav. unless otherwise exempted bv section 4.02.14 H. of this Code. a:- b. Single-family or duplex uses. Also. §Single-family or duplex use on a single lot or parcel. Exomption shall not apply to any parsel with a âT or /\CâC âT ovorlay, ~nlocs othorwiso oxomptod by e:ootion 2.03.07 D. of this Codo. e.. ~ Agricultural uses. Agricultural uses that fall within the scope of sections 163.3214(4) or 823.14(6), Florida Statutes, provided that the subject property will not be converted to a nonagricultural use or considered for any type of rezoning petition for a period of twenty-five years after the agricultural uses commence and provided that the subject property does not fall within an ACSC or ST zoning overlay. Go d. Non-sensitive areas. Any area or parcel of land which is not, in the opinion of the County Manager or his designee, an area of environmental sensitivity, subject to the criteria set forth below, provided that the subject property does not fall within an ACSC or ST zoning overlay: i. 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. ii. The major flora and fauna features have been altered or removed to such an extent as to preclude their reasonable regeneration or useful ecological purpose. An example would be in the case of an industrial park or a commercial development where most of the flora and fauna were removed prior to the passage of this Code. iii. 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 adoption of this Code, and will not be further degraded as a result of the proposed use or development. Page 103 of 170 Words stmel¡ thre1:1gfl are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 I 57 58 59 60 61 62 iv. 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. v. 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. Ek ~ All lands lying within all incorporated municipalities in Collier County. 8T!:. All NBMO Receiving Lands. a. Sinqle-familv lots in accordance with section 3.04.01 C.1. 9. Appeals. a. Any person aggrieved by the decision of the County Manager or his designee regarding EIS procedures or submittals (i.e. - this section of the Code) any section ef this Cede may file a written request for appeal, not later than ten days after said decision, with the EAC onvironmental adviGory board or their successor organization. b. The EAC environmontal advisory board will notify the aggrieved person and the County Manager or his designee 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. c. The appeal will be heard by the EAC environmental advisory beafå within 60 days of the submission of the appeal. d. Ten days prior to the hearing the aggrieved person shall submit to the EAC environmental advisory board and to the County Manager or his designee copies of the data and information he intends to use in his appeal. e. Upon conclusion of the hearing the EAC environmental advisory beard will submit to the BCC board of oounty oommiE:cionerc their facts, findings and recommendations. f. The BCC board of oounty oommicsioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the County Manager or his designee in light of the recommendations of the EAC environmental advisory board. * * * * * * * * * * B. Subdivision exemptions. * * * * * * * * * * 12. Lot Sølits. The further split or division of a lot. Darcel. or anv lot of record into two proposed parcels must be reviewed and approved by the County prior to any subsequent develoDment Page 104 of 170 Words stmelc tilre¡,¡gà are deleted, words underlined are added ... 4;;"'_4~'_' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 orders or develoDment Dermits beina issued or approved. ADDlicants for such lot splits are reauired to submit a survey of the property to be split depictina all existina lot dimensions. all proposed "new" lot lines. all easements of record on the subiect property. and the present zonina and land use classification of the subiect property. as well as all pertinent vard or setback reaulations and proposed access to all resultina parcels. Appropriate access to the resultina Darcels from the public road network must be demonstrated. and where necessarv. may reauire appropriate easements for joint or cross access to be recorded before an approved lot split becomes effective. Only lot split reauests meetina the applicable land development reaulations. specifically includina the minimum lot area and lot dimensions for the existina zonina district. may be approved. but do not become effective until evidence of the Countv approved lot split is also provided to the Property Appraiser or Clerk of Courts for their consideration and record-keepina. as mav be applicable. SUBSECTION 3. UU. AMENDMENTS TO SECTION 10.02.03 Submittal Requirements for Site Development Plans Section 10.02.03 Submittal Requirements for Site Development Plans, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 10.02.03 Submittal Requirements for Site Development Plans A. Generally. * * * * * * * * * * 3. Exemptions. Due to its location or minimal impact on surrounding properties and probable minimal impacts under the site development . plan review standard contained in section 10.02.03 A.4., standard application requirements as described in section 10.02.03 A., may be waived in part or in full by the County Manager or his designee for agriculturally related development as identified in the permitted and accessory uses section of the rural agricultural zoning district; however, a site improvement plan as required by section 10.02.03 B. addressing the application requirements deemed necessary by the County Manager or his designee shall be submitted to the planning department for review and approval. * * * * * * * * * * b. The expedited site plan for school board review, as referenced in section 10.02.03 A.3.a. of the Land Development Code, will consist of the following areas of review: * * * * * * * * * * iv. Environmental regulations for compliance with the Collier County GMP Conservation and Coastal Management Element in effect at the time a SBR Letter of Compliance is requested shall apply as follows: (a) On a site by site basis, County Staff will determine the necessity for an environmental impact statement (UEIS") to be submitted. Page 105 of 170 Words sffilelc tÐraugfl. are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 (b) The final SFWMD Environmental Resource Permit and all other agency permits for wetlands must be submitted prior to a determination that the SBR application is sufficient for review. (c) Submission of Protected Species Surveys and, if needed, wildlife management plans in accordance with the code and the GMP in effect at the time of the issuance of the SBR Letter of Compliance along with United States Fish and Wildlife Service ("USFWS") and the Florida Fish and Wildlife Conservation Commission ("FFWCC") agency permits. (d) A site clearing plan must be submitted that shows the native vegetation areas to be preserved and identifies the upland/wetlands preserve or protected species preserves. (e) The GMP and LDC section 3.05.07 requires schools to provide a set percentage for native vegetation preservation in the Rural Fringe and the Rural Lands. The School Board must comply with the set percentages of native vegetation preservation. * * * * * * * * * * B. Final Site development plan procedure and requirements A pre-application meeting shall be conducted by the County Manager or his designee, or his/her designee, prior to the submission of any site development or site improvement plan for review. This meeting may be waived by the County Manager or his designee upon the request of the applicant 1. Site development plan submittal packet: The site development submittal packet shall include the following, if applicable: * * * * * * * * d. Vegetation inventory: A generalized vegetation inventory of the property shall be required to the extent necessary, as determined at the pre-application meeting, indicating the approximate location, densities and species of the following: i. Upland, wetland and estuarine vegetation including prohibited exotic vegetation, mapped using FLUCCS FLUCFCS terminology. Ii. Any type of vegetation identified for preservation. iii. Projects containing the following shall provide a survey of identifying species and locations on a current aerial photograph at a scale of one inch equals 200 feet or larger or superimposed on the site plan: (a) Plants specified to remain in place or to be transplanted to other locations on the property as specified in the applicable development order. (b) Specimen trees designated by the board of Page 106 of 170 Words stmÐk threügh are deleted, words underlined are added 1 2 3 4 5 6 B. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 oounty oommissionors BCC, pursuant to section 10.02.0ê D.1.f.iii.(b) 3.05.09. * * * * * * * * * * Final site development plan procedure and requirements * * * * * * * * * * 2. Site improvement plan review. * * * * * * * * * * d. Raw water wells in Collier County will be permitted as insubstantial chanaes to the Site Development Plan or Site Improvement Plan approved for the water treatment plant or facilitv to which the raw water well(s) are ancillary. provided that the reauirements of Section 5.05.12 are met. More than one well may be permitted with one application provided that all wells are within the same well field. The insubstantial chanae submittal shall include a sianed and sealed boundary survey of the propertv or lease parcel: a COpy of recorded deed or lease aareement: a recent aerial photoaraph of the proiect area: a master plan showina all well fields ancillary to the main water treatment plant or facilitv. includina the proposed wells: and a site-plan prepared on a 24-inch bv 36-inch sheet drawn to scale and settina forth the followina information: i. The proiect title. utilitv owner. address and telephone number. ii. Leaal description. scale. and north arrow. iii. Zonina desianation of the subiect site(s) and adiacent sites and the proposed use of the subiect site. iv. Location. configuration and dimensions of all buildina and lot improvements. v. Location and dimension of access point(s) to the site. vi. Location of existing and proposed landscapina with specifications as to size. auantitv and tVDe of veaetation. vii. All reauired and provided setbacks and separations between structures in matrix form. viii. Any additional relevant infonnation as may be required by the County Manager or his designee. Ebe. Site improvement plan submittal and review. A site improvement plan (SIP) shall be prepared on a 24-inch by 36- inch sheet drawn to scale and setting forth the following information: i. The project title, property owner, address and telephone number. ii. Legal description, scale, and north arrow. iii. Zoning designation of the subject site and adjacent sites and the proposed use of the subject site. Page 107 of 170 Words stfUsk thfeugk are deleted, words underlined are added 1 iv. Location, configuration and dimensions of all building 2 and lot improvements. 3 4 v. Location and configuration of parking and loading areas, 5 and the directional movement of internal vehicle traffic. 6 7 vi. Location and dimension of access point(s) to the site. 8 9 vii. Parking summary in matrix form, indicating the required 10 and provided parking for each existing and proposed 11 use. 12 13 viii. Location and configuration of handicapped parking 14 facilities and building accessibility features. 15 16 ix. Location, dimension and configuration of existing water 17 management facilities. 18 19 x. Location of trash enclosures. 20 21 xi. Location of existing and proposed landscaping with 22 specifications as to size, quantity and type of vegetation. 23 24 xii. All required and provided setbacks and separations 25 between structures in matrix form. 26 27 xiii. Any additional relevant information as may be required 28 by the County Manager or his designee. 29 30 e.. f:. Site improvement plan completion. Upon completion of the 31 required improvements associated with a site improvement 32 plan, and prior to the issuance of a certificate of occupancy, the 33 engineer shall provide a completion certificate as to the 34 improvements, together with all applicable items referenced in 35 section 10.02.05 C.3. of this Code. Upon a satisfactory 36 inspection of the improvements, a certificate of occupancy may 37 then be issued. 38 39 f.. Q.." Performance securities for site development plans. In the 40 case of multi-family the developments with individually owned 41 units which are served by subdivision type improvements, i.e. 42 driveways which function as access roads and drainage 43 improvements, the developer shall be required to post a 44 performance security in a form as outlined in section 10.02.04 45 8.3.e. of this Code. Calculations for the amount of the security 46 shall be determined as outlined in this Chapter of this Code. 47 The performance security shall be accepted by the county prior 48 to the issuance of the first certificate of occupancy for the site 49 development plan. Upon a satisfactory final inspection of the 50 improvements, which shall be no later than 24 months from 51 approval of the site development plan, the performance 52 security shall be returned to the developer. One year 53 extensions may be granted by the engineering review director. 54 55 56 SUBSECTION 3. W. AMENDMENTS TO SECTION 10.02.04 57 Submittal Requirements for Plats 58 59 Section 10.02.04 Submittal Requirements for Plats, of Ordinance 04-41, 60 as amended, the Collier County Land Development Code is hereby amended 61 to read as follows: 62 Page 108 of 170 Words stfl:¡e!c wEmgh are de1eted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 10.02.04 Submittal Requirements tor Plats A. Preliminary subdivision plat requirements * * * * * * * * * * 4. Effect and limitation of approval of preliminary subdivision plat f !\pproval of improvomont plano~ and final Ðl:Jbdivision plat roquirod prior to dovolopmont. Anything oontained olEìowhere in this Code to the oontrary notwithstanding, no dovolopmont shall bo allowod purouant to a proliminary Eìubdivioion plat prior to tho approval of improvomont piano and final Eìubdivision plat submittod for tho same or portion thoreof. ^uthorization to oommenoe any dovelopment prior to tho oompletion of tho proviEìiono set forth horoin in GootionG 10.02.05 E., 1 0.02.04 B.3., Ghall bo the Gubjeot of a preliminary work authorization ao Got forth hGroin. P. preliminary 'Nork authorization whose form and logal Guffioionoy ohall bo approvod by tho oounty attorney shall bo submittod in tho form oGtabliohed by tho oounty attomey and shall bo a logally binding agreoment bewloon tho applicant and tho oounty. * * * * * * * * * * B. Final Plat Requirements * * * * * * * * * * 4. Final subdivision plat submission requirements. * * * * * * * * * * i. Rights-of-way and easements. All right-at-way and easement widths and dimensions shall be shown on the plat. All lots must have frontage on a public or private right-of-way in conformance with the design requirements of this section, with the exception of one division of a sinqle platted lot or otherwise established lot of record in the Rural Aqricultural or Estates zoninq district into two lots, herein referred to as a "lot-split." as set forth in Section 10.02.02 B. 12. of this Code. Anv such lot-split mav utilize an access easement to satisfy access. and frontaae reauirements for the lot which would not otherwise have street frontaae. The width of such access easement may not be less than twelve (12) feet and may be reauired to be wider at the discretion of Collier County staff. to accommodate safe access and tumina movements. storm water drainaae pipes and the like. The number of access points to a public riaht-of-way shall not be increased as a result of the lot-split. if. in the opinion of the County staff. safe and sufficient access may be accomplished with fewer access points than existed prior to the proposed lot-split. The access easement will create a front yard for setback purposes for all lots abutting the access easement. In cases where access is presently provided bv an access easement to existina lots of record in any zonina district which are not part of a recorded or unrecorded subdivision. this easement will serve to satisfy access and frontaae reauirements for those lots. and yards abuttina the easement will be considered front vards for setback purposes. * * * * * * * * * * SUBSECTION 3. WW. AMENDMENTS TO SECTION 10.02.06 Submittal Requirements for Permits Page 109 of 1 70 Words 9truek thrstlgft are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Section 10.02.06 Submittal Requirements for Permits, of Ordinance 04- 41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 10.02.06 Submittal Requirements for Permits * * * * * * * * * * * A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state and/or federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or development, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any public facility below the level of service established in the Collier County growth management plan, or (2) if issuance of said development order of [or] building permit is inconsistent with the growth management plan. Anything in this division section to the contrary notwithstanding, all subdivision and development shall comply with the Collier County Adequate Public Facilities Ordinance [Code ch. 106, art. III] and the growth management plan. B. Building or Land A/teration Permits. 1. Building or land alteration permit and certificate of occupancy compliance process. a. Zoning action on building or land alteration permits. The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued Page 11 0 of170 Words atl'\:lel( tbre\igfl. are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s) of occupancy as required by the Collier County Building Code or this Code and no building or land alteration permit application shall be approved by the County Manager or his designee for the erection, moving, addition to, or alteration of any building, structure, or land except in conformity with the provisions of this Code unless he shall receive a written order from the board of zoning appeals in the form of an administrative review of the interpretation, or variances as provided by this Code, or unless he shall receive a written order from a court or tribunal of competent jurisdiction. b. Application for building or land alteration permit. All applications for building or land alteration permits shall, in addition to containing the information required by the building official, be accompanied by all required plans and drawings drawn to scale, showing the actual shape and dimensions of the lot to be built upon; the sizes and locations on the lot of buildings already existing, if any; the size and location on the lot of the building or buildings to be erected, altered or allowed to exist; the existing use of each building or buildings or parts thereof; the number of families the building is designed to accommodate; the location and number of required off-street parking and off-street loading spaces; approximate location of trees protected by county regulations; changes in grade, including details of berms; and such other information with regard to the lot and existing/proposed structures as provided for the enforcement of this Land development Code. In the case of application for a building or land alteration permit on property adjacent to the Gulf of Mexico, a survey, certified by a land surveyor or an engineer licensed in the State of Florida, and not older than 30 days shall be submitted. If there is a storm event or active erosion on a specific parcel of land for which a building or land alteration permit is requested, which the County Manager or his designee determines may effect the density or other use relationship of the property, a more recent survey may be required. Where ownership or property lines are in doubt, the County Manager or his designee may require the submission of a survey, certified by a land surveyor or engineer licensed in the State of Florida. Property stakes shall be in place at the commencement of construction. c. Construction and use to be as provided in applications; status of permit issued in error. Building or land alteration permits or certificates of occupancy issued on the basis of plans and specifications approved by the County Manager or his designee authorize only the use, arrangement, and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Building use arrangement, or construction different from that authorized shall be deemed a violation of this Land development Code. Page 111 of 170 Words SH1:l6k threligh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 i. Statements made by the applicant on the building or land alteration permit application shall be deemed official statements. Approval of the application by the County Manager or his designee shall, in no way, exempt the applicant from strict observance of applicable provisions of this Land Development Code and all other applicable regulations, ordinances, codes, and laws. ii. A building or land alteration permit issued in error shall not confer any rights or privileges to the applicant to proceed to or continue with construction, and the county shall have the power to revoke such permit until said error is corrected. d. Adeauate DubUc facilities reauired. No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance. Ord. No. 90-24 (chapters 3. 6 and 10 of this Code) and Rule 9J-5.0055. FAC. Eh e. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Exceptions to this requirement may be granted by the County Manager or his designee for an approved subdivision or site development plan to provide for distribution of fill excavated on-site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the warrants of section 4.06.04 A. of this Code; removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Chapters 4 and 10. i. In the event the improvement of property, construction of any type, repairs or remodeling of any type that requires a building permit has been completed, all required inspection(s) and certificate(s) of occupancy must be obtained within 60 days after the issuance of after the fact permit(s). e,.f:. Zoning and land use approval required prior to or simultaneously with issuance of building or land alteration permit or occupancy of land and space. A zoning certificate, attesting to compliance with all aspects of the zoning provisions of the Land development Code, shall be required prior to obtaining a building or land alteration permit or to occupying any space of land or buildings or for the conduct of a business in all zoning districts. The following zoning certificate review procedure shall provide for the issuance of a zoning certificate. i. For the purposes of determining compliance with the zoning provisions of the Land Development Code, an approval of a site development plan pursuant to section 10.02.03 herein, authorizes the issuance of a zoning certificate. Said zoning certificate shall constitute a Page 112 of 170 Words struele tM8~gÐ. are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 C. 22 23 24 25 26 27 28 29 30 31 D. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 statement of compliance with all applicable provisions of the Land Development Code, including the uses of the building space upon which applicable off-street parking and loading requirements were based, however, issuance of a zoning certificate shall not exempt any person from full compliance with any applicable provision of the Land Development Code. ii. In subdivided buildings each space for which a use is proposed requires a zoning certificate for that particular space, independent of any approval conferred upon the building and the land pursuant to section 10.02.03 and of a zoning certificate issued for the building and the land, shall be required. iii. A zoning certificate shall be required for any use of land or buildings located in residential zoning districts, which involve the conduct of a commercial or other nonresidentially allowed uses of land or buildings. Vegetation Removal permit requirements. 1. Other permits required. No vegetation removal permit or final Ele'JelepmeRt erEler authorizing oito oloaring or cito impro'.'omontc shall be issued by the County Manager or his designee until all applicable federal and state, and County approvals as designated by the County Manager or his designee have been obtained. These approval may or mav not include, but are not limited to: .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Agricultural land clearing. .. .. .. .. 1. Land clearing notice. No later than 60 days prior vegetation removal as part of agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes, the property owner shall provide notice to the onvironmental oONiee!> director Countv Manaaer or desianee that the removal will occur. Said notice shall include the following information: .. .. .. .. .. .. .. .. .. .. E. Enforcement and penalties. .. .. .. .. .. .. .. .. .. 2. Restoration standards. If an alleged violation of this Code has occurred and upon agreement between the County Manager or his designee 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: .. .. .. .. .. .. .. .. .. .. .. 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) (FLUCFCS) code. Shrubs, ground cover, and grasses shall be restored as delineated in the FLUCCS FLUCFCS code. The species utilized shall be with relative proportions characteristic of those in the FLUCCS FLUCFCS code. The exact number Page 113 of 170 Words swek tht-SHgR are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 and type of species required may also be based upon the existing indigenous vegetation on the adjacent property at the discretion of the County Manager or his designee. * * * * * * * * * * 3. Corrective measures for environmental violations. a. Mitigation. i. The person(s) responsible for violations of the environmental sections of the Land development Code shall be notified according to section 8.08.00 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. ii. Mitigation shall restore the area disturbed unless the responsible party demonstrates that off-site mitigation will successfully offset the impacts being mitigated for. 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. iii. The selection of plants to be used shall be based on the characteristics of the Florida Land Use, Covers and Forms Classification System (FLUCCS) FLUCFCS Code. The exact number and type of species required may vary depending on the existing indigenous vegetation found at the site. * * * * * * * * * * c. Site-specific review criteria. * * * * * * * * * * vi. A program to control prohibited exotic vegetation (section 3.05.W 08) in the mitigation area shall be required. * * * * * * * * F. WellfieJd conditional use permit and standards. * * * * * * * * * 5. Administrative review of wellfield conditional use permit petition. a. The county manager shall review the petition for wellfield conditional use permit for compliance with sections 3.06.12 and 3.06.13 of this diviGion section in the same procedural manner as for a certificate to operate. * * * * * * * * * H. Coastal Construction Setback Line 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 Page 1140f170 Words stmek 1:hTetlgR are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 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. 1. Construction of a dune walkover when a Florida Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. a. A maximum width of six feet. b. A minimum separation of 200 feet between walkovers when two or more walkovers are proposed on a single parcel. 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 Department of Environmental Protection (FDEP) permit has been obtained and the following criteria have been met. a. Sand used must be compatible in color and grain size to existing sand subject to FDEP requirements. b. Plants utilized shall be 100 percent native coastal species. c. Restoration plans shall be designed by an individual with expertise in the area of environmental sciences, natural resource management or landscape architecture. Academic credentials shall be a bachelors or higher degree. Professional 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. 3. Certain activities that mav temporarilv alter around elevations such as artificial beach nourishment proiects. excavation or maintenance dredgina of inlet channels may be permitted seaward of the coastal construction setback line if said activity is in compliance with the Collier County GMP and receives Federal and State aaency approvals. Until such time as the fee schedule can be amended. the fee shall be $400.00 for these beach nourishment permits. ð-,. 4. Penalty and civil remedies. a. Penalty for a violation of section 9.04.06. Notwithstanding the penalties set forth elsewhere in this Code, the following violations of section 9.04.06 H., which occur during sea turtle nesting season: i. Setting up of any structures , prior to daily sea turtle monitoring, 2) failing to remove all structures from the beach by 9:30 p.m., or 3) failing to have lights, so required, turned off by 9:00 pm., are subject to the following penalties: First violation: Up to $1,000.00 fine. Second violation: $2,500.00 fine. Third or more violation: $5,000.00 fine. ii. Beach front property owners who leave beach furniture unattended on the beach between 9:30 pm and the time of the next day's sea turtle monitoring, are subject to the following penalties: Page 115 of170 Words struek tŒ8t1gk are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 First violation: Written notice of ordinance violation. Second violation: Up to $1,000.00 fine. Third violation: $2,500.00 fine. More than three violations: $5,000.00 fine. * * * * * * * * * * I. Vehicle on the beach regulations. * * * * * * * * * * 2. 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 10.02.06 1.3 below. a. Sheriff, city, state and federal police, emergency services, and the Florida Fish and Wildlife Conservation 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 diviGion section. b. 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 stationary, except to access and egress the beach, shall be exempt from the provisions of this diviGion section if a permit has been obtained from the environmental services department 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 environmental services department 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, environmental 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 environmental services department director if the environmental services department 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. c. Baby buggies (perambulators), toy vehicles, toy wagons, wheelchairs or similar devices to aid disabled or non- ambulatory persons shall be exempt from the provisions of this division section. d. Vehicle-on-the-beach permits issued in conjunction with special or annual beach events, in conjunction with permanent concession facilities, or for other routine functions associated with permitted uses of commercial hotel property. Vehicles which are used in conjunction with functions on the beach, are exempt from the provisions of this diviaion section if a vehicle- Page 116 of 170 Words stmek tm-el:lgfl are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 on the-beach permit has been granted by the onvironmontal SOrvi005 dirootor or his Countv Manaqer or designee. All permits issued are subject to the following conditions and limitations: * * * * * * * * * * 3. Operation of vehicles on the beach during marine turtle nesting season. The operation of motorized vehicles, including but not limited to self-propelled, wheeled, tracked, or belted conveyances, is prohibited on coastal beaches above mean high water during sea turtle nesting season, May 1 to October 31, of each year, except for purposes of law enforcement, emergency, or conservation of sea turtles, unless such vehicles have a valid permit issued pursuant to this division section. Permits issued pursuant to this divioion section are not intended to authorize any violation of F.S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. a. All vehicle use on the beach during sea turtle nesting season, May 1 to October 31, of each year must not begin before completion of monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit. 4. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, violations of this division section are subject to the following penalties: * * * * * * * * * * J. Cultivated Tree Removal Permit. 1. Cultivated Tree Removal Permit. Cultivated Tree Removal Permits are required for the removal or relocation of any tree or palm that has been installed by man and is not part of a preserve. Moving a tree from one location to another shall not be considered removal; however, a permit shall be obtained. A maximum of 10 trees per five (5) year period may bo romoved 'Nith a Cultivatod Troe Removal Pormit. When more than 10 trees shown on an approved code minimum landscape plan are removed. an Insubstantial Chanqe shall be submitted. However, prohibited exotic tree removals are exempt from this requirement, except when they have been used to meet minimum code landscaping standards. Naturally occurring landscapes shall require a Vegetation Removal Permit; refer to section 10.02.06 C. In no instance shall a site fall below the current minimum landscape code standard. 2. Applicabílíty. The provIsions of this section are applicable to all development except for single family home sites. However, such homes must maintain the minimum landscape code required trees per section 4.06.05 [2.4.6.]. An owner, or an agent of the owner may apply for a permit. If the applicant is an agent of the owner, a letter from the property owner indicating that the owner has no objection to the proposed tree removal shall be submitted with the application. 3. Criteria for removal of cultivated landscaping. The Landscape Arohiteot Planner may approve an application for vegetation removal based on the following criteria: Page 117 of 170 Words stmelc tRrÐHgfl. are deleted, words underlined are added ...._._..~-~.."._~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 a. A tree cannot be maintained by proper canopy, root pruning or root barriers and has become a safety hazard to pedestrian or vehicular traffic, utilities, or to an existing structure. b. A tree is growing too close in proximity to another tree(s) to permit normal growth and development of the affected tree(s). c. Other public health and safety circumstances as determined by the county landscape architect. 4. Application requirements. An application for Cultivated Tree Removal Permit shall be completed and submitted to the Zoning and Land Development Department. The application shall include the following: a. Proof of ownership such as a warranty deed or tax statement. b. A site plan depicting the location of proposed trees to be removed, proposed replacement or relocated trees, buildings, paved areas, structures and utilities. The Zoning and Land Development Review Department may require that said plans be prepared by a Landscape Architect registered in the State of Florida when the tree removal exceeds 10 trees. If the site plan does not provide sufficient information to determine which trees will be affected by the proposed tree removals, the Department may require that a tree survey of the site be prepared and submitted to the Department for review. c. A letter of approval of the tree removal from the Homeowner and or Master Association if applicable. d. Addressing Check List. 5. Permit conditions. The Landscape ^rchitoot Planner shall issue a Cultivated Tree Removal Permit when the applicant for such permit has agreed to fulfill one of the following conditions: a. That the tree, if transplanted, will be moved, established and maintained using proper arboricultural and horticultural practices and as outlined in Chapter section 4.06.05 of the Code [Division 2.4.]. b. That the tree(s), if destroyed, be substituted with an equivalent replacement or replacements, approved by the county Landscape Nchitect Planner, planted on the site from which the destroyed tree(s) were removed. Sufficient space shall remain on the site allowing replacements to establish a mature canopy spread, based on usual growth characteristics. c. That the tree. if not replaced on site. shall be replaced by the aoolicant bv providina the eauivalent tree monetary value to the Countv's Tree Replacement Fund. * * * * * * * * * * SUBSECTION 3.XX. AMENDMENTS TO SECTION 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy Section 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 10.02.07. Submittal Requirements for Certificates of Public Facility Adequacy * * * * * * * * * * * C. Certificate of public facility adequacy. Page 118 of 170 Words skuek tàre¡,¡gh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 1. General. a. A certificate of public facility adequacy (COA) shall be issued concurrently with the approval of the next to occur final local development order. At the time a certificate of public facility adequacy is issued, fifty percent of the estimated transportation impact fees must be paid into the applicable trust fund pursuant to 10.02.07 C.1.e., and such funds will be immediately available for appropriation to implement capital road facility improvements.. except that for those non-residential (i.e.. tvpicallv commercial or industrial) developments otherwise reauired to obtain approval of an SDP Drior to the issuance of a buildina permit. aDDlicants for a final subdivision plat may elect to: i. comDlv with the applicable reaulations of this section as to one or more of the lot(s) of the FSP and obtain a COA sDecificallv for iust that lot or lots at a sDecified intensity of develoDment: or ii. delav submittina a TIS and obtainina a COA for all of the Droposed lots. or iust those remainina lots not then alreadv complvina with this section. until a required SDP is aPDlied for and the terms of this section are then comDlied with includina payment of estimated transoortation impact fees. The subiect development is not allocated any available road system capacity or considered eliaible to be vested for transportation concurrency Durposes. however. until approval of a TIS. Davment of 50% estimated Transportation Impact Fees. and issuance of a COA in accordance with Chapters 3. 6. and 10 ofthis Code and Rule 9J-5.0055. FAC. Impact fees for all other Category "A" capital improvements will be paid at the time of issuance of building permits at the rate then currently applicable. b. Annual Traffic/PUD Monitoring Report. GR--After February 6. 2003. fthe effective date of this section's amendment}, all PUDs which are less than 90 percent built-out, must annually submit a report detailing their progress toward build-out of the development. The traffic report must be submitted as part of the annual PUD monitoring report on or before the anniversary date of the PUD~ approval by the Board per LDC section 10.02..11:. F.12. LDC. The written report must be submitted to, and be in, a format established by the County Manaaer. or desianee. unless pavment-in-lieu is Drovided pursuant to section 10.02.13. F.. Tronoportation ^dministrator and must indicate any revised estimates to the initial build-out schedule and any resulting effect on traffic impact projections, along with any progress towards completing any developer contribution requirements. Traffic/PUD Monitoring Reports which are more than ninety (90) days past due will result in the suspension of final local development order issuance for the PUD pending receipt of the Report. c. Where the proposed development has been issued final subdivision plat approval or final site development plan approval prior to the effective date of this section, i.e., on or about November 3, 1993, a certificate of public facility adequacy shall be obtained prior to approval of the next development order required for the proposed development. Page 119 of 170 Words sffilek tkrough are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 d. Estimated transportation impact fees for a development shall be paid into the applicable impact fee trust fund in the amount estimated to be due upon issuance of the final local development order(s) for the development upon or prior to issuance of a certificate of public facility adequacy for the development. Developments that have paid estimated impact fees for all Category "A" facilities prior to February 6. 2003 the [e#ooti'Je date ef this: seotien's amendmont], and which elect to come under the provisions of this section may make payment of estimated impact fees into the applicable transportation impact fee trust fund such that previously paid estimates may be applied as a credit towards the impact fees calculated and due as a prerequisite to the issuance of the final local development order(s) for the development. If the developer does not elect to come under the provisions of this division, impact fees paid into the impact fee escrow trust fund prior to February 6. 2003. [the eff.oative date of this: (;cation's: amendmont] shall be refundable upon written request to the Countv Manaqer or desiqneeCommunity development and E:nvironmontal Servioes: Di'lieion ^dminietrator accompanied by the surrender of the original certificate of public facility adequacy obtained prior to issuance of final local development order(s) for the development. Fees paid into applicable impact fee trust accounts as a prerequisite to the issuance of final local development order(s) prior to February 6. 2003.the [effeotive date of thic eeotion'c amendmcmt] in accordance with the applicable consolidated impact fee requlations ordinanoes: in Chapter 74 of the Code of Laws and Ordinances shall be refundable pursuant to the provisions of such requlations ordinanoes.upon written request to the Finance Director, Clerk of Courts. SUBSECTION 3.YV. AMENDMENTS TO SECTION 10.02.12 Building or land Alteration Permits Section 10.02.12 Building or Land Alteration Permits, of Ordinance 04- 41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 10.02.12 81:1i1diRg ar LaRd Alteratien Permits ^. Building or land alteration permit an€! oertifieato of oeo/;/pancy oo¡:r:¡pl.;anoo proooSÐ. 1. Zoning action on building or land alteration pormits. The County Manager or his decignee chan be recponsible for dotermining whothor applioationc for building or land alteration permitc, as required by the Collier County building oode or this Code are in aooord with the requirements of thic Code, and no building or land alteration permit shall be iccued without '....ritten approval that plane cubmitted oonform to applioable zoning regulatiom:, and other land de·..elopment regulations. For purposec of thic ceation a land alteration permit chall mean any written authorization to alter I:md and for whioh a building permit may not be required. Examples inolude but are not limited to olearing and exoavation permitc, cite development plan approvals, agrioultural oloaring pormitc, and blaeting pormits. No buildiFlg or struature chan be created, meved, added to, altered, utilized or allowed to exiGt and/or no land altemtian chall be permitted without firot obtaining the authorization of the required permit(c), incpeotions and oertifioate(c) of oooupancy ac required by the Collier County building Dode or thic Code and no building or land alteration permit applioation shan be approved by the County Manager or hic designee for the creation, moving, addition to, or alteratioR of any building, struGture, or land exoept in oonformity with tho provisions of this Code unlecG he chall reoeive a written order from the board of zoning Page 120 of 170 Words struek thre1:lgfl are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 appealc iA the form of an mlmiAictrotive revie'.... of tho interpretation, or VariaAGeS as provided l3y this Code, or I;Inless ho shall reoeive a writtoA ordor from a OOl;lrt or tril3unal of oompotent jbJrisdiction. 2. l'.WI.ioÐtIon fur buildiRg or fÐAd altoration perFAIt. /\11 application!> for building or land alteratien pormit!> shall, in addition to oontaining the inforFRation roquirod by tho IndlEfing offioial, bo aOCJempaniod by all roquirod plan!> and drawing!> drO'J'Jn to soalo, shO'....ing tho aotl::lal shapo and diFRon!>ionc of tho let to bo bbJilt upon; the sizes and looations on the let of BuilEfiFlgS already oxisting, if any; the sizo and 10oatioR on tho lot of the bYilEfiFlg or BuilEfiFlgS to DO oroctoå, altered or allowod to exist; the existing use of oaoh builåing or BYilEfings or parts thoroof; the numbor of familioe tho buildiFlg ic dOÐignod to aooomFRodato; tho 10CJation and numbor of roe¡uirod off street parking and off &treet leading spases; approximato looation of traoc protooted by oounty ro€ulationc; ohangoc in gr-ade, inoluding dotail!> of berms; and !>uoh other information with rogard to tho let and oxi!>tingipropoÐod strystyres a!> providod for tho onforoomont of thiÐ Land develepment Codo. In tho oaÐO of applioation for a BuilEfing or land alteration permit on proporty aåjaseFlt to tho Gulf of Moxioo, a CUNOY, oertified by a land swvoyor or an ongineor lioonÐed in tho Stato of Florida, and not oleor than dO day!> Ðhall be !>ubmittod. If thoro is a storm ovont or activo orocion on a Ðpooifio parael of land for whioh a buildiFlg or land alteration permit i!> roquoÐted, whioh the County Managor or hi!> deÐignoo dotorminos may offoot tho åeFlsity or other uso rolation!>hip ef tho proporty, a mora rooont CUNOY may be roquirod. INhere ownorchip or property IineÐ are in doubt, the County Manager or hic decignee may require the cubmiscion of a ÐUrvOY, certifies by a land survoyor or ongiAoor lioensod in tho Stato of Florida. Property stalŒÐ sh311 bo in plaoo at tho oommonooment of oom:trbJotion. 3. Constr.JÐt!ÐR :cmd uso to DO as pro'l.¡ried fA oppliÐotions; stows of pÐiFA.:t ,Issued !R error. 8uilåiFlg or land alteratioFl pormitc or cortifioatos of oooupanoy icsued on tho basic¡ of plans and cpeoifioations approved by tho County Manager or his dOE:igneo authorizo only tho use, arrangomont, and oonctnmtion cot forth in suoh approvod plana and applioationc, and no othor uce, arrongomont, or oom:truction. Building uso arrangomont, or oon!>truction difforent from that authorizod shall be doomed a violation of this Land Development Geå&.- a. Statomonts mado by tho appliaant on tho building or land alteration pormit applioation chall bo doemod offioial etatomente. ^pproval of the applioation by the County Manager or his docignoo chall, in no way, oxompt the applioant from strict observance of applicable provisions of this Land Development Code and all other applioable regulationc, ordinanoec, codoQ, and law::;. b. ^ Building or land altoration permit is£>ued in error chall not oonfer any rights or privilege£> to tho applioant to proceed to or continue with oonctruction, ami the oOlmtyehall have tho pO'ller to revoke cuch permit until caid error ic oorrected. 1. l\áoquDt.o pul3Ho fDOi!.'tIÐS i.oqu.'rod. No buildiFlg or land alteration permit or cortifioato of occupancy shall be iCQued except in accordanoo with tho Collier County I\dequato Public Facilities Ordinanco, Ord. No. 9021 (chapter!> 3, ê and 10 of thic Code) and Rulo OJ 5.0055, FAC. 5. .~m·IOFAOnt of proport}' p:-ohIbitod piloi to issuoneÐ of building Page 121 of170 Words skl:iek ilirsegh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 fiJo;mit. No e;ite '....01'1<. removal of ¡:>rotoot08 vogetation, gr.ading, improvoment of property or oonGtructien of any typo may bo oommonoed prier to tho iGGuanoe of a In:lildlAg pormit whoro tho deyelepFAent propoGed roquireÐ a bl:lilding ¡:>ermit under thiÐ Land De'JelepFAent Codo or othor applioable oounty regulations. ExooptionG to thiG roquiromont may bo granted by tho Coul'lty Managor or hiE) dosignoo for an approvod swbåivisioA or e;ito develepFAent plan to pm-.'ido for diÐtribution of fill oxoavated 01'1 oito or to pormit oonotruotion of an approved wator managomoAt syÐtom, to minimizo Ðtookpilos and hauling off Ðito or to protoct tho publio hoalth, e;afety and y:olfare '...·hom oloariAg, grading and filling plans havo boon cubmittod and approvod mooting tho warrant!:: of ooction 1.0G.01 of thiG Codo; rom oval of exolis '.'egetalion shall bo oxomptod upon roooipt of ::1 vogotation romo'o'ol pormit for oxotio!:: purGuant to Chaptor 3 and thiÐ Chapter 10. a. In the ovont tho improvomont of proporty, oonGtruotien of any typo, ropairÐ or remodoling of any typo that rOEuiroc a building pormit haG boon oomplotod. all roquir-od inspection(e;) and oortifioato(o) of oooupanoy mUÐt bo obtainod within GO days aftor tho i!::Guanoo of aftor tho foct pormit(s). 6. Zanfng and fend I:1se afiJfJ;ewl! roql:J!;od wier t-o a.r siml:J!t{;nOal:JÐ/j' V/fth iSGl:Jí5IAÐO of building or fond altoration fiJ£XR'I,i[ 0; OOÐUfJÐAÐ}' af fí51Ad GAd spaco. ^ zoning oortifioato, attoGting to oomplianoo with all aspoct!:: of tho zoning provision!:: of tho Land de'¡elepFAent Codo, shall bo roquirod prior to obtaining a bwilding or land alteratioFl pormit or to oooupying any Gpaoe of land or bl:lildiFlgs or for the oonduct of a bucino!::s in all zoning distriotc. Tho following zoning oortifioate revio'.... prooeduro shall provide for tho iOGuanoo of a zoning cortifioato. a. ror tho purpoGoo of detormining oomplianoo with tho zoning provi!::ionÐ of the Land De\'elepFAent Code. an approval of a oito developFAent plan purouant to section 10.02.03 horoin, authorizoÐ tho ioouanoo of a zoning oertifioate. Said zoning oertifioato !::hall oon!::tituto a !::tatemont of oomplianoo with all applioablo provisiono of tho Land De\'elepment Code, inoluding tho uooo of the building apaoo upon whioh applioablo off street parl<ing ::md loading requirementÐ woro baaed, hO'....evor, iacuanoe of a zoning oertifioate!::hall not oxempt any poreon from full oomplianoo with any applioable provieion of the Land Do'.'elopmont Code. b. In eubdivided bl:lildiFlgs eaoh opaoe for whioh a use ie propoeed requireG a zoning oortifioato for that partioular spaoo. indepondent of :my appro'/al oonferred upon the building and the land pursuant to seotion 10.02.03 and of a zoning oortifioate iccued for the building and the land, chall be required. o. ^ zoning oertifioate chall be required for any UGe of land or buildings looated in residential zoning district!::. whioh in'/olve tho oonduct of a oommeroial or other nonresidentially allo'Ned uceG of land or buildings. SUBSECTION 3. ZZ. AMENDMENTS TO SECTION 10.02.13 PUD Reporting Procedures Section 10.02.13 PUD Reporting Procedures, of Ordinance 04-41. as amended, the Collier County Land Development Code is hereby amended to read as follows: Page 122 of 170 Words stmek threHgfl. are deleted. words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 10.02.13. Planned Unit Development (PUD) Procedures * * * * * * * * * * * F. Monitoring requirements. In order to ensure and verify that approved project densities or intensities of land use will not be exceeded and that development commitments will be fulfilled and are consistent with the development's approved transportation impact studv, annual monitoring reports must be submitted by the owner(s) of a PUD to the County Manager or his designee. 1.:. The monitoring report must be prepared in a County approved format te inolude as an affidavit executed by the property owner(s) attesting that the information contained in the monitoring report is factually correct and complete,. These reports are to be submitted annually, on or before each anniversary of the date said PUD was approved by the Board until the PUD is completely constructed and all commitments in the PUD document/master plan are met (built out). 2. The monitoring report must provide the following information: a. .:t-:.Name of project. b. ~Name of owner. -º.:. ð,-Number of units, by residential type; square footage and acreage of recreation facilities, commercial and other permitted uses; infrastructure and/or other uses which are complete and approved or for which a valid permit has been issued, but which have not been completed and anyon-site or off-site commitments completed and approved as of the due date of the monitoring report. º'- 4.Up-to-date PUD master plan showing infrastructure, projects/developments, plats, parcels and other pertinent information, including on-site or off-site commitments. fL-fr.A +traffic counts report for all access points to the adjacent roadway network which must be siqned and sealed by a professional enqineer and performed over a 72-hour weekday period to include 15 minute intervals and turninq movements in the PM peak two hours: except that the owner(s) of the PUD. in lieu of submittinq an annual traffic count report. mav elect to make a payment to the County in an amount equal to the cost to conduct the required traffic count(s) as defined in an engineer's certified estimate of such costs. Such funds received must be used bv the County to count traffic on the major roadway network used bv the development as defined in the oriqinallv submitted traffic impact statement. L&.-Copies of all required monitoring reports completed in past year (i.e., traffic, wellfield, etc.). L+:-Up-to-date PUD document which includes all approved amendments as of the date of the monitoring report. L&Status of commitments in PUD document, including projected completion dates if then established. i:. 9,-Other information as may be required by County Manager or his designee. 3.-Uh-Monitorinq reports must be submitted in aAffidavit form drafted and oupplied approved by Collier County to be executed by the owner(s) of the PUD. L-Change of o'tlnen::hip. 1\,Çehange in ownership of portions of a PUD development shall not absolve the original owner of the requirement to file an annual monitoring report. Transferring responsibility for filing the annual monitoring report to an entity other than the original owner may Page 123 of 170 Words struelc tlwÐugà are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 be demonstrated in the form of an executed agreement between the original owner and the new entity which when filed with the planning services department director shall automatically transfer responsibility for filing that the-annual monitoring report. * * * * * * * * * * SUBSECTION 3. AAA. AMENDMENTS TO SECTION 10.02.14 Landscape Plans Section 10.02.14 Landscape Plans, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: Section 10.02.14 Landscape Plans A. Landscape plan required. Prior to the issuance of any preliminary subdivision plat, final site development plan, or building permit, an applicant whose development is covered by the requirements of this section must submit a landscape plan to the County Manager or his designee. The landscape plan must bear the seal of a Landscape Architect registered in the State of Florida. The landscaping required for single-family, two family, and mobile home dwelling units must be shown on the building permit plot plan. This plan is not required to bear the seal of a landscape architect. * * * * * * * * * 1. Public educational facilities and Plant, ancillary plant, and auxiliary facility. Essential services including Collier County Public Schools (CCPS)/public Educational and ancillary plants, and other public facility projects developed jointly with CCPS may demonstrate that the intent of this divi€ion section can be effectively accomplished without meeting specific development standards. The applicant must request an administrative review of the alternative design, as outlined in paragraph (a) below. The deviations are limited to quantity of plant material and the School district must demonstrate that the deviation is necessary as a result of an educational program or joint use of the school site with another public facility or use. a. Procedure. In addition to the base submittal requirements, applicants shall clearly label the plan submitted as an "Alternative Landscape Code Plan". This plan shall reference the deviations on the plan. An applicant must submit a narrative description identifying the code development standards required by this section which will be addressed through the alternative approach. The County Manager or his designee will administratively review submittal documents for consistency with the intent of this divicion section. If the plan is approved through this provision, the approved deviations must be specifically noted and the basis of the approval must be stated within the site development plan approval letter. Deviations approved will be applicable only to the specific design and plan reviewed. Modifications of an approved design will void the deviation request and require resubmittal to planning services staff for re-evaluation of the request in the context of the amended design and plan. b. Exemption. An administrative deviation is not required for specific standards relating to placement of plant materials if the intent of the Code can nonetheless be carried out without meeting these standards. The intent of the divicion section can be demonstrated by detailing a specific health, safety, or Page 124 of 170 Words stftlelc tHr01:lgR are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 10.03.05 22 23 24 25 B. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 welfare concern as defined by SREF or as may be unique to a specific site or educational program that would override the need to provide plant materials. A copy of SREF, as may be amended, is available in the records room in the Community DevelapmeAt Development and Environmental Services Division building. * * * * * * * * * * SUBSECTION 3. BBB. AMENDMENTS TO SECTION 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board Section 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board * * * * * * * * * Notice and public hearing where proposed amendment would change zoning classification of land and for CONDITIONAL USES and variances, for planned unit development (PUD) rezoning extensions. In the case of an application for extension of PUD zoning status or the rezoning of land, to include rezonings, conditional uses and variances initiated by other than the board of county commissioners or amendments to planned unit developments, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the board of county commissioners. PUD extensions, Rezoning, conditional use and variance petitions initiated by the board of county commissioners or its agencies for county owned land shall be subject to these provisions. * * * * * * * * * * * 8. For subject properties located within the urban designated area of the future land use element of the growth management plan, notice of the time and place of the public hearing by the planning commission shall be sent by the county twioe. The firet notioe shall be sent no leoo than 30 days after the roooipt of a suffioient applioation by the County Manager or his designee. The seoond notioe ohall be Gent at least 15 days in advance of the hearing. BetR This notices shall be sent by mail to all owners of property within 500 feet of the property lines of the land for which an approval is sought; provided, however, that where the land for which the approval is sought is part of, or adjacent to, land owned by the same person, the 500 foot distance shall be measured from the boundaries of the entire ownership or PUD, except that notices need not be mailed to any property owner located more than one-half mile (2,640 feet) from the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier County and any other persons or entities who have made a formal request of the county to be notified. * * * * * * * * * Page 125 of 170 Words slruek tftrÐtlgR are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 F. Public parlicipation requirements for small-scale or other site-specific comprehensive plan amendments. rezonings, PUD amendments, conditional uses, variances or parking exemptions. 1. Applicants requesting a small-scale or other site-specific comprehensive plan amendment. rezoning, PUD amendment, or conditional use approval must conduct at least one Neighborhood Informational Meeting ("NIM") after initial staff review and comment on the application.. or after notification of application sufficiency for a small-scale or other site-specific comprehensive plan amendment. and before the Public Hearing is scheduled with the Planning Commission. For a small-scale amendment. the NIM is required prior to the CCPC adoption hearinq. For other site-specific comprehensive plan amendments. the NIM is required prior to the Planninq Commission transmittal hearinq. A second NIM for a site-specific comprehensive plan amendment. to be held prior to the Planninq Commission adoption hearinq. will onlv be required if. as determined bv staff. a substantial chanqe has occurred to the proposed amendment subsequent to the Board of County Commissioners transmittal hearinq. For all other applications. t+he appropriate number of staff reviews of the application retumed before the NIM can be held will be at the discretion of the County Manager or his designee, only in cases where one or two pending reviews are unnecessarily hindering the applicant from presenting the proposal to the public. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the county pursuant to section 10.03.05. B. aÐEwe 6. or 7. Notification shall also be sent to property owners, condominium and civic associations whose members are impacted by the proposed land use changes and who have formally requested the county to be notified. A list of such organizations must be provided and maintained by the county, but the applicant must bear the responsibility of insuring that all parties are notified. A copy of the list of all parties noticed as required above, and the date, time, and location of the meeting, must be furnished to the County manager or designee and the office of the board of county commissioners no less than ten days prior to the scheduled date of the neighborhood informational meeting. The applicant must make arrangements for the location of the meeting. The location must be reasonably convenient to those property owners who are required to receive notice and the facilities must be of sufficient size to accommodate expected attendance. The applicant must further cause a display advertisement, one-fourth page, in type no smaller than 12 point and must not be placed in that portion of the newspaper where legal notices and classified advertisements appear stating the purpose, location, time of the meeting and legible site location map of the property for which the zoning change is being requested. The advertisement is to be placed within a newspaper of general circulation in the county at least seven days prior to, but no sooner than five days before, the neighborhood informational meeting. The Collier County staff planner assigned to attend the pre-application meeting, or designee, must also attend the neighborhood informational meeting and shall serve as the facilitator of the meeting, however, the applicant is expected to make a presentation of how it intends to develop the subject property. The applicant is required to audio or video tape the proceedings of the meeting and to provide a copy of same to the County manager or designee. * * * * * * * * * * SUBSECTION 3. CCC. AMENDMENTS TO SECTION 10.08.00 Conditional Use Procedures Page 126 of 170 Words §tl'\:lek threl:lgft are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Section 10.08.00 Conditional Use Procedures, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 10.08.00 Conditional Use Procedures * * * * * * * * * * I. Conditional uses for school or religious purposes. A use which has been approved as part of a preliminary subdivision plat (formerly subdivision master plan) or a planned unit development for schools, religious or eleemosynary uses shall be exempt from the provisions of this section. Such uses must comply with the provisions of di'.'iGion a.a section 10.02.03, site development plan approval, as applicable, and all other zoning requirements. * * * * * * * * * * SUBSECTION 3. DDD. AMENDMENTS TO SECTION 10.09.00 Variance Procedures Section 10.09.00 Variance Procedures, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: 10.09.00 Variance Procedures A. Conditions and safeauards. In recommendina approval of anv variance. the plannina commission mav recommend appropriate conditions and safeauards in conformitv with this zonina code includina. but not limited to. reasonable time limits within which the action for which the variance is reauired shall be beaun or completed. or both. In the case of after-the-fact variances. the plannina commission mav recommend. as a condition of approval. that in the case of the destruction of the encroachina structure. for anv reason. to an extent eaual to or areater than 50 percent of the actual replacement cost of the structure at the time of its destruction. anv reconstruction shall conform to the provisions of this Code in effect at the time of reconstruction. Violation of such conditions and safeauards. when made a part of the terms under which the variance is granted. shall be deemed a violation of this zonina code. B. Recommendation of denial. If the plannina commiSSion recommends denial of a variance. it shall state fullv in its record its reason for doina so. Such reasons shall take into account the factors stated in section 9.04.03 of this code. or such of them as mav be applicable to the action of denial and the particular regulations relatina to the specific variance reauested if anv. C. Status of p/annina commission report and recommendations. The report and recommendation of the planning commission reauired above shall be advisory onlv and shall not be binding upon the board of zonina appeals. D. Notice of board of zonina appeals public hearina. Upon completion of the public hearina before the plannina commission. the petition shall be heard bv the board of zonina appeals. Notice of public hearina shall be given at least 15 davs in advance of the public hearina before the board of zonina appeals. The owner of the propertv for which the variance is souaht. or his aaent or attornev desianated by him on his petition. shall be notified by mail. Notice of public hearina shall be Page 127 of 170 Words stmek throügh are deleted, words underlined are added 1 advertised in a newspaper of aeneral circulation in the county at least 2 one time 15 days prior to the hearina. 3 4 E. Board of zonina appeals public hearinas. The public hearina shall be held 5 bv the board of zonina appeals. Anv partv mav appear in person bv 6 agent or attorney. or may submit written comments to the board of 7 zonina appeals. 8 9 F. Board of zonina aPDeals action. Upon consideration of the plannina 10 commission's report. tindinas and recommendations. and upon 11 consideration of the standards and auidelines set forth in section 12 9.04.03 of this code. the board of zonina appeals shall approve. bv 13 resolution. or deny a petition for a variance. 14 15 G. Conditions and safeauards. In arantina any variance. the board of zonina 16 appeals may prescribe appropriate conditions and safeauards in 17 conformity with this zonina code. includina. but not limited to. 18 reasonable time limits within which action for which the variance is 19 reauired shall be beaun or completed. or both. In the case of after-the- 20 fact variances. the board may stipulate that in the case of destruction 21 of the encroachina structure. for any reason. to an extent eaual to or 22 areater than 50 percent of the actual replacement cost of the structure 23 at the time of its destruction. any reconstruction shall conform to the 24 provisions of this Code in effect at the time of reconstruction. Violation 25 of such conditions and safeauards. when made a part of the terms 26 under which the variance is aranted. shall be deemed a violation of 27 this zonina code. 28 29 H. Limitations on Dower to arant variances. Under no circumstances shall 30 the board of zonina appeals arant a variance to permit a use not 31 permitted under the terms of this zonina code in the zonina district 32 involved. or any use expresslv or bv implication prohibited. bv the 33 terms of these reaulations in the said zonina district. 34 35 I. Variance aDDlication Drocessina time. An application for a variance will be 36 considered "open" when the determination of "sufficiencv" has been 37 made and the application is assianed a petition processina number. 38 An application for a variance will be considered "closed" when the 39 petitioner withdraws the subiect application throuah written notice or 40 ceases to supply necessary information to continue processina or 41 otherwise activelv pursue the variance. for a period of six months. An 42 application deemed "closed" will not receive further processina and 43 shall be withdrawn and an application "closed" throuah inactivity shall 44 be deemed withdrawn. The plannina services department will notify 45 the applicant of closure. however. failure to notify bv the county shall 46 not eliminate the "closed" status of a petition. An application deemed 47 "closed" may be re-opened bv submitting a new application. 48 repayment of all application fees and grantina of a determination of 49 "sufficiency". Further review of the reauest will be subiect to the then 50 current code. 51 52 1. ADDlicabilitv. All applications for a variance whether submitted 53 before or after June 26. 2003. shall complv with the Drocessina 54 time procedures set forth in section I. above. 55 56 57 SUBSECTION 3. EEE. AMENDMENTS TO APPENDIX E ACCESS 58 MANAGEMENT PLAN MAPS 59 60 Appendix E Access Management Plan Maps, of Ordinance 04-41, as 61 amended, the Collier County Land Development Code is hereby amended to 62 read as follows: Page 128 of 170 Words struel( tàreugfl are deleted. words underlined are added 1 2 APPENDIX E 3 4 ACCESS MANAGEMENT PLAN MAPS 5 6 EXPL/\ÞJ.^.TlmJ OF LEGEND AND NOTJ\TIONS mJ ^CCESS M.^.NAGEMENT 7 PU,N MAPS: 8 9 Existing Ðl:JiJd!ngs Ðnd st!'I:JGt-/;Jres Gonomlly ropFeDentÐ the ohape, size and 10 lecation of ctructureD (primaFily nOnFeDidontial) oxi&ting at tho time of adoption of tho 11 map. Somo l;ISOE: aro identifiod for goographio roferonco (o.g., bankE:) and other& 12 bocauso of high traffio [:}enoration (o.g., oonvonionoe ÐtoroD, Dhopping oontorÐ). 13 14 Existing ingress/ogress Indicates an oxisting drivo or drivoway into a pro:ioct 15 at tho time of adoption of tho map. 16 17 /"fJfJrc'v'Ori ingrfJsslag,ross, I:Jn/;wift IndicateG a drive, driveway er roadway 18 apprevod by an exicting devolopment ordor (PUD, planned lInit devolopment or 19 SDP, c:ite develepR'lont plaFl) but not oonctructed at the time of adoption of tho map. 20 21 .'IJ()VI ,¡F/grass/ogr.ess IndicatoE: desired leeation of futuro aoooss points. 22 Futuro dovolopment orders oould only bo Dpproved if aooeÐC points oomply 'lAth 23 theDo locations. 24 25 Monitor far fl:JwrfJ modifioQtJonfroFFlo\K:1! Indicates Dn oxisting or Dpproved 26 bl;lt unbuilt aooess point, at tho time of adoption of the mD¡:J, whioh iE: to be monitorod 27 (roviow and anDlyze aooidents roporto, traffio volumec, and oporating oonditions 28 within oloso pr<>ximity to tho cite) for poscible modifioDtion or romo'.D!. Uoually thic 29 symbol iE: aooompDniod by tho poteRtial ohDnge identifiod in parenthosos, o.g., 30 "(poE:E:ible romoval)." /\OOOSC pointE: may bo modifiod thru modian modifioation (o.g., 31 ohango modian oponing from R:ill to direotionDI, oto.) and/or at tho aooocs point 32 itÐolf. Modian modifioation R'lay ooour indopendont of E:ito development activity. 33 Moeifioation or romoval of tho DOOeE:S point itE:olf may ooour at time of cite 34 rede·/olopR'lcmt. Ðignifioant cito alteration, or ohange in UÐe. 35 36 ExistiRg moéi::ms DopiotE: looation and chapa of oxisting rOÐtriotivo modianÐ 37 (gracE: or oonorete modian, not paintod FRodian) at tho timo of aeoption of tho map. 38 Modian dimonÐionc are roproDentativo no field measuromentÐ 'Nero performod. 39 40 Sidewalk IndioatcE: oxiÐting pavod sidow::Ilk at tho timo of adoption of tho 41 ¡::¡:¡ap.: 42 43 Possible traffio tight IndioateD tho PODÐible looation of a traffio light at Ðomo 44 time in tho futuro. 45 46 Futuro olosure of modi::m aponiF/g IndioateD tho planned or approvod 47 olODuro of Dn oxicting modian opening due to soheduled readway improvomonts. 48 49 Possiele ofosl:Jro of median apoRiAg IndioateD the pocDiblo olocuro of an 50 exi&ting median epening. 51 52 Fi/ture modifioatioR of median oponing IndioateG the plannod or approved 53 modifioation of an o>ciDting meEJian opening, e.g. ohango from full opening to 54 diroctional. 55 56 Possible moriiooat.'on of R'laciiclfI opaf'/ing IndioateD tho posDible modifioation 57 of an existing modian opening. 58 59 Shares access onool:Jraged Indioates deÐiro for one aoooss point to Ðerve 60 two or moro paraols of IDnd. Staff 'would enoourage/request thiD at time of 61 dovolopment ordor roviov:. ^djaoent paraols undor samo ownorship may bo limitod 62 to a Dinglo aooeOD point onto tho major roadway. Page 129 of 170 Words swell tftrÐ1:Iga are deleted, words underlined are added 1 2 !nterÐÐnf'lÐÐt el'lGo/:lraged IndioateEi "..here an intoroonneQtion bOÌ'l.'oon 3 propertios appoars appropriato. Staff 'Nol::Jld enÐol::Jrago/roquost this at timo of 4 dovolopmont ordor rel/iow. 5 6 Potef'ltiG! if'ltorefJf'lF/Ðst Indioatec €jonoral looation whoro an interoonnoction 7 bowleon !,!roportioG appoar£ appro!,!riato anè whom 01'10 of tho tv.'o paroelc ic 8 alroady dovolopo<:J. Staff may onoouraEJ9/roquost thic at timo of èovelopmont ordor 9 review of tho undovoloped parGol am.! at timo of redevolopment or Gignifioant uoo 10 ohange for the exieting developed parool. 11 12 .'\'0 Glir-eGt GGooes to (namo ef road) Indioates a parool oannot 13 obtain aooeos from the spooifiod roadway r-coulting in aooess being obtainod 14 through interoonnection with an adjaoent property and/or from como othor stroot. 15 16 No fii..'oot GGÐOSS to fn Gmo of road) /:IF/toss a shamd GGGÐSÐ pe.'f'lt 17 Indioatoo a parcel oannot obtain aooeoo from the opeoified roadway reoulting in 18 aooee£) baing ebtainod throl:l!ih interoonnootion 'Nith an adjaoont proporty and/or 19 from como othor ctroot unlecc tho aoooec ic charod with an adjaoent proporty. 20 21 F-i.:Jtl:J.~Ð romo'/at, futuro right if'l, righte/:lt, Gte. Indioatec a planned or 22 approved ohango to an aOQOGC poiRt duo to sohoduloè roadway impro\'omont£) (o.g., 23 planned future <I laning will inolude median modifioation ouoh that an aooeoo point 24 ohan€oo from full to diroctional) or due to an approved developmont ordor for 25 different land uce '",hioh exicting aooeGe point removed or modifiod. 26 27 POGsie,Ie remo','-a,', ßOGsié,'e right il'l, right om, et-G. Indioateo a poosible ohango to 28 an 000000 point due to fL:lturo median modifioations not yet plan nod or ae a rOGI::Jlt of 29 monitoring tho ûOOOSG point. 30 31 Page 130 of 170 Words stFl:lelc thrsl:lgk are deleted, words underlined are added 1 2 .. t . . .. . . , 1 , ~4. i l ' .... "\ r I ,I . III .t! ... i ; .. .¡¡.... t :r. , I I . ! t! t. . f , a C. r::s I . : I ---I l . i .. . .. I ~ . I ! .". o ~ .. a ..;:" ¡ I I ~ i . I i i' . I:. P'! >c. - 'ó r: 11 .. .. ...c.:._ ~IItIlllU'Nf !"!.Aft 4Cf'IV'ITV alII TM INII U Mi.... . ! '41 iI. 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I ..-- . o- S .....II_...~". I tXd I ......I....._~.... .:1 " I .~ , I ·-'-"''''-'-''-1 f~ .1 I - . 1..t'II III , ,. I L_'I'_._..__..;!:.:-.. I '" It /I , .. . Page 138 of 170 Words skuek tflfettgfl are deleted, words underlined are added I ~ j 1,1 ¡ t 111 I !II 111 I ~ 'I ,~ hill <I I I .- - .. ~ 1 2 -'"""I' ¡·,ii i -¡ ¡II I i:~:q U II!! ~ ii" Ir ~ 1..~ '" '11 II ; I hI i d I) i II II :; I ! II IIII d Ilk' ¡ II II j pi ~ ~ . °i! Ii o~.....·% I J I ." - '¡rLtmll1Þ~ ~I. - ... I l .. I T I II...... ~ II I .. -- 'II Il II ........~-. ... ......'..-.11 ...._......., -.,,-...- .."'...- ,.. I J ¡ Iy.~ I I I' I Page 139 of 170 Words struek WÐl:1gfl are deleted, words underlined are added --~,',,'--""--'''''.''''" 1 2 ---;}- 'II 1111 E, 11 ,¡I. 'lIU!rIIHi!lIfrlniill f I II U_d_X" I. ,."-.~ I i! II ," ,It Hi, II:, .10 /' ~J I - þ . Page 140 of 170 Words stmek threugfi are deleted, words underlined are added 1 2 --- - --- -- j I I' hI "':!1 .. 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Words stfI:Ie!¡ tMel:lgfl are deleted, words underlined are added Page ISO of 170 : I ., t 0(" .. I Go . ..: ~ . I ~ II ~ I IJ :idU .. . I II I : i I 1 2 :,.~;( ,,' ,.... ;·:-~Z.t'~ I~' . .', .0 . ~'< ~ :.,~~': ,,',~... . ;:·í'ìJ~· !.. ':<;:1:'2',;"'..:':',,, ., ~~:'¡~'. ~ ':~~;~i. ',~' : ~.:>. ;;~ " . i.~'~.~ ~.....:ø...... ·'JiiK':··~'·"I-·"·-~I"··c," . i~!' :.~ . ~~ .. .. : ~';CI ¡ ij¡r: ,', ¥ "'.. -- , t,~i.. . .~. ~"." I· :,.- .~ "'. " .... _I :C::::I- = 1= 1- 1- ...., ¡; i -.... j m- ~ t~"""'··'" -- ---- ~ I ~z· .11 ~ II .'' ¡ ( ~~I! ; ~ II H ;\ I ·It I II! , 4! · 'II ! II! It ¡ ill i i I III II 11 ~ :1: ~ h ! lilt i I ~!I i II II P I ~ ~ 'i! Ii 0 ~ - .'. - % I · 1 . - - q I tllm /I ~ = I í I ..- ..... = II i:= J ..~. ,..,.. ,~. ~,.. '.~' r ~ 1~ ~~~ ~..,'!a~.~· ~ ,., -- I ~... . .~ ¡;.< '''t ,..~ If·' I· .r,.. .~ .': .J~I~ 'p,..~. lI¡i"""';' .. '. .. :,,___.. 1- .:..... . - , 1-,..,.. 1- - r\ t ( f I 'I - ., I I II 'I = :; ~ .. Ii: 1- - 3 If: !II '¡ I ~ 'I) I , I : I B J" ~ ......... .. 1-'''-- _. ..I. I "..t... ." r..·.. .' dl~;~ . '. ';"':". ,.. I...,.. . ....'. .. '.~ ~I~ ~~~!'! ~1:;::~~~~!~!~'f~I~" .. ';:?f. .. ;~;. . ". .:.H:>.:::·I.:..... . I. '_.t~"'~ì Ii". :~;\. .,).t:,.., ,'. : II!¡¡~, ~~ I :!t .( ~,~..:..~ ~.. '. ~ '1"""'......'. .. ~I I;~!.r<··..· . -.. ....'1. ',' '.1 au ÞI ....... - - LIi~ Page 151 of170 Words skuek tftfe¡¡.gR are deleted, words underlined are added ~l- ~i 5' !ql ! 0 ~! Uti !I ~! ~,I,i ¡~ 1111 I ~~O! r I I r 11- ,8 IH'~' In;it !;p iil ;¡Iiifl ~; , ¡!II!"I¡¡~!llIIi III ~I ~ ·1 hOJ-..·-% I j f . -.. ~ r....JlI8~Wli 1 2 Page 152 of 170 Words stmel( tlueagh are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 SUBSECTION 3. FFF. AMENDMENTS TO APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS Appendix G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS .. .. .. .. .. .. .. .. .. .. 10. Annual beach events which occur during Sea Turtle Nesting Season (May 1st through October 31st of each year) are also subject to the following regulations: A. All required Florida Department of Environmental Protection (FDEP) Field Permits, shall be obtained and a copy furnished to Collier County prior to the time of the scheduled event as set forth in section 5.04.06. B. Consistent with section 10.02.0ê I 5.04.06, no structure set up, or beach raking, or mechanical cleaning activity for any particular Beach Event shall not commence until after monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit has been completed. C. Prior to all scheduled beach events, every beach event permit holder is required to rope off (or otherwise identify with a physical barrier) an area with no less than a 15-foot radius around each sea turtle nest that has been identified and marked on a beach, unless a greater distance is required by an applicable State permit. D. Use of vehicles on the beach is prohibited, except as may be permitted under section 10.02.0ê I 5.04.06. E. Consistent with section 10.02.06 I all materials placed on the beach for the purpose of conducting permitted Beach Events must be: 1) removed from the beach by no later than 9:30 p.m. the date of the event; and 2) no structures may be set, placed, or stored on, or within ten feet of any beach dune, except that materials may remain in an identified staging area until 10:00 p.m. The location and size of all staging areas will be as identified in the annual beach events permit. .. .. .. .. .. .. .. .. .. SUBSECTION 3. GGG. AMENDMENTS TO APPENDIX H - LDC/UDC COMPARATIVE TABLES Appendix H LDC/UDC Comparative Tables, of Ordinance 04-41, as amended, the Collier County Land Development Code is hereby amended to read as follows: APPENDIX H . LDC/UDC COMPARATIVE TABLES The tables contained in this Appendix provide a detailed cross-reference between the sections of the LDC in effect prior to the October 18, 2004, effective date, and Page 153 of 170 Words struek thre\:lgfl are deleted, words underlined are added 1 the LOC sections thereafter in effect on that date. The documents are broken down 2 into Articles, which was the format of the LOC prior to the October 18. 2004, 3 effective date. The LOC has been revised into a Chapter format as of the October 4 18, 2004 date. The contents of this Appendix are as follows: 5 6 7 8 Article 1 - General Provisions 9 10 11 Article 2 - Zoning 12 13 14 Article 3 - Development Requirements 15 16 17 Article 4 - Impact Fees 18 19 20 Article 5 - Decision-Making and Administrative Bodies 21 22 23 Article 6 - Definitions 24 Page 154 of 170 Words st11:!ek thrstlga are deleted, words underlined are added 1 2 3 ARTICLE 1 - GENERAL PROVISIONS LDC Division LDC Section LDC Sub- UDC UDC Section Other Notes section Chaoter 1.1 Chapter 1 1.01.00 - Title 1.2. Chapter 1 1.02.00 - Authority 1.3. Chapter 1 1.05.00 - Findings, Purpose and Intent 1.4. Chapter 1 1.05.00 - Findings, Purpose and Intent 1.5. Chapter 1 1.04.01 - Generally 1.5.1. Chapter 1 1.04.05 - Relationship to GMP 1.5.2. Chapter 1 1.04.03 - Exceptions 1.5.3. Chapter 1 1.04.02 - Applicabilitv to... 1.5.4. Chapter 1 1.04.02 - Applicability to... 1.5.5. Relocated to Code of Laws &Ord.. 1.5.6. Chapter 1 1.04.01 - Generally 1.5.7. Relocated to Code of Laws &Ord.. 1.6. Revised in Supp. 17 (Ord. 03-55) 1.6.1. Chapter 1 1.06.01 - Responsibility for... §§1.6.2. - 10.02.02 - 1.6.6. Submittal Requirements for All Applications 1.6.7. Chapter 1 1.06.02 - Rules for Interpretations.. . 1.6.8. Chapter 1 1.06.03 - Interpretations Not.. . 1.6.9. Chapter 1 1.06.02 - Rules for I nteroretations. .. 1.6.10. Chapter 1 1.06.40 - Continuity of Zonina 1.7. Chapter 9 9.02.00 - This Division is Development with no longer Vested Rights- legally effective [Reserved] and therefore is not being carried forward, but the section is reserved for future amendment 1.8. Chapter 9 9.03.00 - G 1.8.2. was Page 155 of 170 Words stmel( tlu-e1:lgß are deleted, words underlined are added Nonconformities revised in Supp. 16 (Ord. 03-27) and Supp. 17 (Ord. 03-55) 1.9. Chapter 8 8.08.00 - Code Enforcement Board 1.10. Fees This Division relocated to the County Administrative Code 1.11.-1.17. These "Reserved" divisions were not required for inclusion in the UDC 1.18. Chapter 1 1.07.00-Laws Revised in Adopted by Supp. 16 (Ord. Reference 03-27) 1.19. Chapter 10 10.02.08 - 11 1.20. & 1.21. These Divisions are replaced by Section Five in the 2004 adopting Ordinance. 1.22. This Division is replaced by Section Four in the 2004 adopting Ordinance. 1.23 This Division is replaced by Section Seven in the 2004 adopting Ordinance. 1 2 3 4 5 6 ARTICLE 2- ZONING LDC Division LDC LDC Sub- UDC Chapter UDC Section Other Notes Section section 2.1. - General 2.1.1. This section is not needed and is not included in the UDC. 2.1.2. Chapter 2 2.01.01 - Purpose 2.1.3. This section is not needed and is not included in the UDC. ss. 2.1.4. - Chapter 2 2.02.01 - 2.1.7. Establishment of Page 156 of 170 Words Ðffiiek }hretlgH are deleted, words underlined are added Official Zoning Atlas ss. 2.1.8. Chapter 2 2.02.01 - &2.1.9. Official Zoning Atlas ss.2.1.10. Chapter 1 1.04.01 - - 2.1.12. Generally 2.1.13. Chapter 1 1.04.04 C Reduction 2.1.14. Chapter 2 2.02.02 - District.. . 2.1.15. Chapter 2 2.02.03 - Prohibited Uses 2.1.16. Chapter 2 2.02.02 - District... 2.1.17. Chapter 1 1.04.02 - Aoolicability.. . 2.1.18. Chaoter 1 1.04.02. D.... Div.2.2. 2.2.1. Chapter 2 2.03.05. & 2.04.03 - Table of Uses 2.2.2. Chapter 2 2.03.05 - Open Revised in Space Zoning Supp. 16 (Ord. Districts 03-27) & Supp. 18 (Ord. 04-08) 2.2.2 y;, Chapter 2 2.03.08 -Eastern New zoning landsl Rural district Fringe Zoning Districts ss. 2.2.3. - Chapter 2 2.03.01 - Revised in 2.2.10. Residential Supp. 16 (Ord. Zoning Districts 03-27) and in Supp. 18 (Ord. 04-08) 2.2.11. Chapter 2 2.03.02. F- TTRVC District 2.2.11.4.13. Chapter 4 4.06.06 - Special Buffer Reauirements.. . I ss.2.2.12. Chapter 2 2.03.02 - Revised in - 2.2.15 y;, Commercial SUIJIJ. 18 Zonina Districts lOrd. 04-08\ ss.2.2.16 Chapter 2 2.03.03 - Sec. 2.2.16. & 2.2.16 y;, Industrial Zoning revised in Districts Supp. 17 (Ord. 03-55) and in Supp. 18 (Ord. 04-08) 2.2.17. Chapter 2 2.03.05 - Open Revised in Space Zoning Supp. 18 (Ord. Districts 04-08) ss. 2.2.18. Chapter 2 2.03.04 - Civic Revised in & 2.2.19. and Institutional Supp. 18 (Ord. Zonina 04-08) Sub-section Chapter 4 2.2.18.4.6. 4.05.05 - Parking Variation in the P District 2.2.20. Chapter 2 2.03.06 - PUD Revised in Districts Supp 18 (Ord. 04-08) Page 157 of 170 Words sfn:¡ek threugft are deleted, words underlined are added ss. 2.2.21. Chapter 2 2.03.07 - § 2.2.27. - 2.2.28. Overlay Zoning created by Districts Supp. 16 (Ord. 2.2.27. in 03-27), Chapter 4 revised in 4.08.00 Supp. 18 (Ord. 04-08) 2.2.29 2.2.29.1. - 2. Chapter 2 2.03.07 G.6. 2.2.29.3. - 4. Chapter 10 10.02.05 F. Section and created in 2.2.29.5. (2) Cycle 2, 2004 and (6) after the LDC recodification. 2.2.29.5. Chapter 4 4.02.33 (1), (3), (4) and (5) I ss. 2.2.30. NRPA-2.03.08 C Revised in (NRPA) & , Supp. 18 (Ord. 2.2.31. NBMO - 2.03.08 04-08) (NBMO) D I ss. 2.2.32. Chapter 2 2.03.07 - §§ 2.2.32.& - 2.2.35. Overlay.. . 2.2.33. revised in Supp. 16 (Ord. 03-27) §§ 2.2.33. & 2.2.34. revised in Supp. 17 lOrd. 03-55) 2.2.37. This section has expired and is no longer needed or included in the UDC. 2.2.38. New district Revised in § 2.03.07 Supp. 18 (Ord. 04-08) 2.3. 2.3.1. This section is not needed and is therefore not included in the UDC. I ss. 2.3.2. Chapter 4 4.05.01 - & 2.3.3. Generally ss. 2.3.4. - Chapter 4 4.05.04 - Sec. 2.3.5. 2.3.12. Parking Space revised in Requirements Supp. 18 (Ord. 04-08) 2.3.13. ChaDter 1 1.04.04 C ss.2.3.14. These were & 2.3.15. reserved sections and are not included in the UDC. 2.3.16. Chapter 4 4.05.09 - Revised in Stacking Lane Supp. 16 (Ord. Reouirements 03-27) 2.3.16.1. Chapter 4 4.05.08 Bicycle Parkino... ss.2.3.17. Chapter 4 4.05.06 - § 2.3.19. - 2.3.21. Loadino Space revised in Page 158 of 170 Words str1:lek tflF81:i£ß are deleted, words underlined are added Requirements Supp. 16 (Ord. 03-27). § 2.3.21. revised in Supp. 18 (Ord. 04-08\ 2.3.22. Chapter 4 4.05.07 - Handicapped Parkina... ss. 2.3.23. These were & 2.3.24. reserved sections and are not included in the UDC. 2.4. 2.4.1. This section is not needed and is therefore not included in the UDC. 2.4.2. Chapter 4 4.06.01 - Generallv 2.4.3. Note: 55. Chapter 10 Administrative § 2.4.3.6. 2.4.3.4. - procedures revised in 2.4.3.7. in Chapter. Supp. 16 (Ord. Chapter 4 03-27) (4.06.05) § 2.4.3. revised in Supp. 17 (Ord. 03-55) 2.4.4. Chapter 4 4.06.05 - §. 2.4.4. General revised in Landscape Supp. 17 (Ord. Reauirements 03-55) 2.4.4.14. Chapter 4 4.06.04 D. Sub-section Chapter 4 4.06.01 - 2.4.4.16. Generallv 2.4.5. Chapter 4 4.06.03 - § 2.4.5. Landscaping revised in Requirements for Supp. 17 (Ord. Vehicular... 03-55) 2.4.6. Chapter 4 4.06.05 - § 2.4.6.5. General revised in Landscape Supp. 16 (Ord. Requirements 03-27) §§ 2.4.6.6. & 2.4.6.7. revised in Supp. 17 (Ord. 03-55) 2.4.7. Chapter 4 4.06.01 - §§ 2.4.7.2., Generally and 2.4.7.3. & 4.06.02 - Buffer 2.4.7.5. Requirements revised in Supp 17 (Ord. 03-55). §§ 2.4.7.2. and 2.4.7.5. revised in Supp. 18 (Ord. 04-08) 2.5. 2.5.1. This section is Page 159 of 170 Words skuek thretlgh are deleted, words underlined are added not needed and is not included in the UDC. ss. 2.5.2.- Chapter 5 5.06.01 - § 2.5.5. 2.5.4. Generally revised in Supp. 17 (Ord. 03-55) and in Supp. 18 (Ord. 04-08) 2.5.5 Chapter 5 5.06.04 Permitted ss. 2.5.6. § 2.5.7. Chapter 5 5.06.03 - §§ 2.5.6.22. & & 2.5.7. revised in Prohibited Signs 2.5.7.30. Supp. 17 revised in (Ord. 03-55) Supp. 16 (Ord. 03-27) 2.5.8. Chapter 5 5.06.04 I ss.2.5.9. Chapter 9 9.03.00 - &2.5.10. Nonconformities 2.5.11. Chapter 9 9.04.00 - Variances s 2.5.12. & Chapter 10 10.02.06 - 2.5.13. Submittal Requirements for Permits 2.6. 2.6.1. Chapter 4 4.04.01 - Generallv 2.6.2. Chapter 4 4.02.03 - Specific Standards.. . ss. 2.6.3. - Chapter 4 4.02.01 - § 2.6.4. 2.6.4. - Dimensional revised in Standards for Supp. 16 (Ord. Principal Uses in 03-27); § Base Zoning 2.6.3. revised Districts in Supp. 18 (Ord.04-08) 2.6.2.4. Chapter 5 5.03.01 - CanoDv Tents 2.6.4.3. Chapter 9 9.04.00 - Variances 2.6.4.4. Chapter 4 4.02.01 - Dimensional St. ss 2.6.5. & Chapter 4 4.04.01 - 2.6.6. Generallv 2.6.7. 2.6.7.1. Chapter 2 2.01.00 A 2.6.7.2. ChaDter 2 2.01.00 B 2.6.7.3. ChaDter 2 2.01.00 C 2.6.7.4. Chapter 2 2.03.07 L 2.6.8. Chapter 1 1.04.01 - Generally I 2.6.9. Chapter 2 2.01.03 - Essential Services & 2.04.03 - Table of Uses 2.6.10. Chapter 5 5.05.01 - Businesses... 2.6.11. Chapter 5 5.03.02 - Fences & Walls 2.6.12. Chapter 2 2.01.00 E I 2.6.13. Chapter 2 2.01.02 Page 160 of 170 Words struele tffi'eagfi are deleted, words underlined are added 2.6.14. Chapter 2 2.04.00 - Permissible, Accessory, Chapter 4 4.02.01 - (CONTD.) Dimensional Standards & Chapter 5 5.03.03 - Guesthouses 2.6.15. Chapter 5 5.03.04 - Revised in Dumpsters Supp. 16 (Ord. 03-27) 2.6.16. Chapter 5 5.03.05 - Caretaker ... 2.6.17. Chapter 2 2.01.00 F 2.6.18. Chapter 2 2.01.00 G I 2.6.19. Chapter 10 10.02.06 A 2.6.20. Chapter 5 5.02.00 - Home Occupations 2.6.21. Chapter 5 5.03.06 - Dock Revised in Facilities Supp.18 (Ord. 04-08) 2.6.21.2.7. Chapter 3 3.05.00 - Veaetation.. . 2.6.22. Chapter 5 5.05.02 - Marinas I 2.6.23. Chapter 2 2.03.01 J 2.6.24. Chapter 5 5.04.02 - Interim... 2.6.25. Chapters 2 2.04.00 and 5 5.05.03 2.6.26. Chapter 5 5.05.04 - Group Housina 2.6.27. Chapter 4 4.02.02 - Dimensional Standards I 2.6.28. Chapter 5 5.05.05 - Automobile. .. Chapter 9 9.04.07 - 2.6.28.4. Specific Reqts. 2.6.29. Chapter 5 5.05.06 - Private Airports 2.6.30. Chapter 4 4.07.06 2.6.31. Relocated to Code of Laws & Ord. 2.6.32. Chapter 4 4.02.01 - Dimensional Standards 2.6.33. Throughout Temporary Use Chapter 5 - Process in see below 10.02.06 G Sub-section Chapter 5 5.03.05 - Revised in 2.6.33.3. Caretaker... & Supplement 5.04.03 - 16 (Ord. 03- Temporary 27) Uses... I Sub-section Chapter 5 5.04.04 - Model 2.6.33.4. Homes.. . Sub- Chapter 5 5.04.05 - sections T emporarv Page 161 of170 Words stmek tMsl:Iga are deleted, words underlined are added 2.6.33.6. - Events 2.6.33.9. Sub-section Chapter 5 5.06.06 - Sign Added in 2.6.33.10. Standards for Supplement Specific 18 (Ordinance Situations 04-08) 2.6.34. Chapter 5 5.04.06 - Annual (see also Beach Events ADDX. G Permit 2.6.35. Chapter 5 5.05.09 - Revised in Communication Supp. 18 (Ord. Towers 04-08) 2.6.36. Chapter 5 5.05.07 - Townhouse... 2.6.37. Chapter 4 4.01.02 - Revised in Kitchens in Supp. 18 (Ord. Dwellina Units 04-08) 2.6.39. Chapter 2 2.03.07 - Overlay Added in TDRs Zoning Districts Supp. 18 (Ord. 04-08\. 2.6.40. Chapter 2 2.05.02 - Density Added in Density Blending Supp. 18 (Ord. Blendina 04-08) 2.7. Portions revised in Supp.16 (Ord. 03-27) 2.7.1. This section is not needed and is not included in the UDC. 2.7.2. 2.7.2.1. & Chapter 10 10.02.08 - Revised in 2.7.2.2. Submittal Supp.17 (Ord. Reauirements.. . 03-55) 2.7.2.3. - Chapter 10 10.03.05 - Notice Revised in 2.7.2.16. Requirements.. . Supp.17 (Ord. 03-55) 2.7.3. Chapter 10 10.02.13 - PUD Revised in Procedures Supp. 17 (Ord. 03-55) and § 2.7.3.5. revised in Supp. 18 (Ord. 04-08) 2.7.4. Chapter 10 10.08.00 - Sec. 2.7.4.9. Conditional Use revised in Procedures Supplement 18 (Ordinance 04-08) I 2.7.5. Chapter 9 9.04.00 - Variances 2.7.6. Chapter 10 10.02.06 - Submittal.. . 2.7.7. Chapter 2 2.06.00 - AHDB Revised in Supp.17 (Ord. 03-55) 2.8. Chapter 5 All in Portions of § 5.05.08 - Div. 2.8. were Architectural carried over Standards, into Div. 2.4. EXCEPT by Supp. 17 2.8.3.3.2. 4.06.02 C lOrd. 03-55) 1 2 3 4 ARTICLE 3- DEVELOPMENT REQUIREMENTS Page 162 of170 Words atmek thfStlgR are deleted, words underlined are added LDC Division LDC Section LDC Sub- UDC Chapter UDC Section Other Notes section 3.1. General 3.1.1. None This section Overview was not required or included in the UDC 3.1.2. Fees None This section was not required or included in the UDC 3.2. 3.2.1. Title None This section Subdivisions and Citation was not required or included in the UDC 3.2.2. Chapter 4 4.03.01 Purpose 3.2.3. Chapter 1 1.04.01 Revised in Applicability Supp. 18 (Ord. 04-08) 3.2.4. Chapter 1 & 1.04.03 - Exemptions Exceptions Chapter 1 0 10.02.02 B 3.2.4.10. 10.02.02 B 10. 3.2.4.10. was 1.to 4., not required or Rural Area included in the Subdivision UDC 3.2.4.11. 10.02.02 B 11. 3.2.4.11. was 1.to 4., not required or Chokoloske included in the e Island UDC Subdivision 3.2.5. General 3.2.5.1. Chapter 1 1.04.01 Reauirements 3.2.5.2. Chapter 1 1.04.01 3.2.5.3. Chapter 4 4.03.02 3.2.5.4. Chapter 10 10.02.06 A.2. 3.2.6. Sub- Chapter 10 Revised in division Supp. 18 (Ord. review prees 04-08) 3.2.6.1. 10.02.01 A. 3.2.6.2. 10.02.04 A. 3.2.6.3. 10.02.05 A. 3.2.6.4. 10.02.05 B. 3.2.6.5. 10.02.05 C. 3.2.7. Chapter 10 10.02.04 - Revised/made Preliminary Submittal optional in subdivision Requirements Supp. 18 (Ord. plat for Plats 04-08) 3.2.8. 4.03.02, Revised in Improvement 4.04.01, Supp. 16 (Ord. Plans 4.06.00 03-27) & Supp. 6.03.00 & 18 (Ord.04-08) 6.04.00 3.2.8.1.- Chapter 10 10.02.05- 3.2.8.2. 3.2.8.3.1. & Chapter 10 10.02.05 - 3.2.8.3.2. 3.2.8.3.4. Chapter 4 4.06.01 3.2.8.3.5. Chapter 10 10.02.05 3.2.8.3.6. Chapter 4 4.06.04 3.2.8.3.7. - Chapter 10 10.02.05 3.2.8.3.10. 3.2.8.3.11. Chaoter 1 0 10.02.05 Words strnel( tflraligR are deleted, words underlined are added Page 163 of 170 & 3.2.8.3.12. 3.2.8.3.13. Chapter 4 4.06.01 3.2.8.3.14. Chapter 2 2.01.04 3.2.8.3.15. Chapter 10 10.02.05 & 3.2.8.3.16. 3.2.8.3.17. Chapter 6 6.06.02 3.2.8.3.18. Chapter 10 & 10.02.05 E.3(n) and 4.06.01 C Chapter 4 3.2.8.3.19. Chapter 10 10.02.05 E.3 and 21 3.2.8.3.20 Chapter 6 6.06.03 & and 22. 6.06.05 3.2.8.3.23. Chapter 6 6.01.00 - 3.2.8.3.24. Chapter 6 6.01.01 A 3.2.8.3.25. ChaDter 6 6.04.01 3.2.8.3.26. ChaDter 6 6.05.01 3.2.8.4. 3.2.8.4.1. - Chapter 6 6.05.02 Relocated into 13., Construction except Stds. Manual, 3.2.8.4 .11. except as noted. 3.2.8.4.14. Chapter 6 6.06.02 D. NOTE:3.2.8.4.1 4. revised in Supp. 16 (03- 27). 3.2.8.4.15. ChaDter 6 6.01.03 3.2.8.4.16.; Construction Streets Standards Manual Revised in Supp. 17 (03- 55). 3.2.8.4.17. Chapters 6 6.06.03 - Streetlights & and 10 10.02.12A 3.2.8.4.18. ChaDter 10 10.02.05 E.3Jrf 3.2.8.4.19. ChaDter 6 6.01.01 3.2.8.4.20. - None Construction 3.2.8.4.22.; Standards except Manual 3.2.8.4.22, paragraph Chapter 10 10.02.05 E.4 11 3.2.8.4.23. ChaDter 6 6.04.01 3.2.8.4.24. Chapter 6 6.04.02 3.2.8.4.25. Chapter 4 4.06.05 E.3 3.2.8.4.26. ChaDter 4 4.06.05 E.4 3.2.9. Final Chapter 10 10.02.04 Revised in subdivision Supp. 18 (Ord. plat 04-08) 3.3. Chapter 10 Revised in Site Supps. 16 Development 10.02.03 - (Ords. 03-27), Plans Submittal Supp. 17 (03- Requirements 55), and 18 (04- for SDP's 08) 3.3.1. This section not required or included in the UDC 3.4. Relocated to Explosives Code of Laws & Ord.; Ch 55, Art Page 164 of 170 Words stn!e}¡ threagh are deleted, words underlined are added I., ss. 55-1 - 55- 18 3.5. Excavation 3.5.1. -15.; Relocated to Code of Laws & Ord.; ss. 22-106- except 22-119 NOTE: 3.5.11.; Chapter 3 3.05.10 Revised in Supp. Littoral Shelf 16 (Ord. 03-27) Planting Area and Supp. 18 lOrd. 04-08) 3.6. Relocated to Well Code of Laws & Construction Ord.; ss. 90-1 - 90-8. 3.7. 3.7.1. This section was Soil Erosion not required or Control included in the UDC 3.7.2. This section was not required or included in the UDC 3.7.3. Chapter 10 10.02.02 3.8. Environ- Revised in Supp. mental Impact 18 (Ord. 04-08) Statements 3.8.1. This section was not required or included in the UDC 3.8.2. - Chapter 10 10.02.02 3.8.11. 3.9. Revised in Supp. Vegetation 18 (Ord. 04-08) Removal 3.9.1. This section was not required or included in the UDC 3.9.2. Chapter 3 3.05.02 Exemptions 3.9.3. Chapter 3 3.05.02 Exemptions 3.9.4. -3.9.7 Chapter 3 3.05.07 Div. 3.9 Section Preservation numbering was Standards greatly revised in Cvcle 3, 2003 3.9.5. (prior to Chapter 3 3.05.04 - Revised in Supp. Cycle 3, Vegetation 16 (Ord. 03-27) 2003, then re- removal. . . numbered to thru 3.05.07 3.9.8. 3.9.5.5. 3.05.07 (3.9.4. after Cycle 3, 2003) 3.9.8. 3.9.8.1. Chapter 3 03.05.04 3.9.8.2. Chapter 3 03.05.05 3.9.8.3. Chapter 3 03.05.06 3.9.8.4. This section was not required or included in the UDC 3.9.9. Chapter 3 3.05.08 - Requirement for Removal.. . Page 165 of170 Words streelc t1H"B\:Igb are deleted, words underlined are added 3.9.10. Chapter 10 10.02.06 C- (3.9.6. prior to Submittal Cycle 3, Requirements 2003) for Permits 3.9.10.2. Chapter 10 10.02.06 D 3.9.11.; ss. 3.9.12. & Chapter 10 10.02.06 E - numbered ss. 13, were Submittal 3.9.6.8. and created in Requirements 3.9.6.9. prior Cycle 3 & for Permits to 3rd Cycle, are in Ch.10 2003. 3.10. 3.10.1. This section was Sea Turtle not required or Protection included in the UDC 3.10.2.- Chapter 3 3.04.02 - 3.10.5. Species. .. 3.10.6. Chapter 3 3.04.02 B.6 3.10.7. Chaoter 3 3.04.02 3.10.8. This section was (reserved) not required or included in the UDC 3.10.9. Chapter 10 10.02.06. C 3.10.10. This section was not required or included in the UDC 3.11. Chapter 3 3.04.00 - Revised in Supp. Endangered, Protection of 18 (Ord. 04-08) Threatened Endangered, or... Threatened.. . 3.11.3.2. & Deleted in Cycle 3.11.3.3. 3,2003 3.11.3.4. Chapter 3 3.04.02 - Species Specific.. . 3.12. 3.12.1. & These sections Coastal Zone 3.12.4. were not required Management or included in the UDC 3.12.2. Chapter 3 3.03.01 - Purpose 3.12.3. Chapter 3 3.03.02 - Applicability 3.12.5. Chapter 3 3.03.02 - Applicability 3.12.5.1. Chapter 10 Cross- Revised in Supp. referenced in 18 (Ord. 04-08) 3.03.04 3.12.5.2. Chapter 10 Revised in Supp. 18 (Ord. 04-08) 3.12.5.3. Chapter 3 3.03.05 - Sea Level Rise 3.12.5.4. Chapter 3 3.03.06 - Native Veaetation. .. 3.12.6. Chapter 3 3.03.07 - Undeveloped Coastal Barriers 3.12.8. Chapter 3 3.03.07 - Undeveloped Coastal Barriers 3.12.7.& These sections 3.12.9. were not required or included in the UDC 3.13. 3.13.1 This section was Words stnlek tMeugfl are deleted, words underlined are added Page 166 of 170 Coastal not required or Construction included in the Setback UDC. 3.13.2. - Chapter 9 9.04.06 - Variances and 3.13.7. Specific Administrative Requirements procedures for Variance chaDter 3.13.8 & Chapter 10 10.02.06 A- 3.13.8. revised in 3.13.9 Submittal Supp. 18 (Ord. Requirements 04-13) for Permits 3.14. Vehicle Chapter 1 0 10.02.06 I. Revised in Supp. on the Beach 16 (Ord. 03-27) Reaulations 3.15. Adequate Revised in Supp. Public 18 (Ord. 04-08) Facilities 3.15.1. This section was not required or included in the UDC 3.15.2. ChaDter 6 6.02.01 3.15.3. ChaDter 6 6.02.01 0 3.15.4.; This section was reserved not included in the UDC 3.15.5 & Chapter 6 6.02.01 - 3.15.6. Generally & 6.02.02 - Manaaement . 3.15.7. ChaDter 10 10.02.07 3.16 3.16.1 3.16.1.1.- These sub- Groundwater 3.16.1.3. sections were not Protection required or included in the UDC 3.16.1.4.& Chapter 3 3.06.01 - 3.16.1.5. Purpose and Intent 3.16.2. 3.16.2.1. & Chapter 3 3.06.01 - 3.16.2.1.1. Purpose and Intent 3.16.2.1.2. Chapter 3 Throughout Ch. 3 3.16.2.1.3. Chapter 3 3.06.04 - Groundwater Protection 3.16.2.2. & Chapter 3 3.06.05 - 3.16.2.3. Annual Review of Zones 3.16.2.4. Chapter 3 3.06.06 - 3.06.08 Page 167 of 170 Words lHrue}¡ tflrotlgk are deleted, words underlined are added 1 3.16.2.5. Chapter 3 3.06.09 - Protection of Future Wellfields 3.16.2.6. Chapter 3 3.06.10 - Effects of... 3.16.3. Chapter 3 3.06.11 - Exempted Development 3.16.4. Chapter 3 3.06.12 - Regulated Development 3.16.5. Chapter 3 3.06.13- Countywide Groundwater 3.16.6. Chapter 10 10.04.01 (8) - Determination of Completeness 3.16.7. Chapter 10 10.02.06 (F) - Submittal Requirements for Permits 3.16.8. Chapter 10 10.04.08 - Modifications to Pending Applications 3.16.9. Chapter 1 0 10.02.02 (E) - Submittal Requirements for All... I 3.16.10. Chapter 10 10.04.11 - Public Hearinas 3.16.11. Chapter 3 3.06.09 - Protection of Future Wellfields 3.16.12. 3.16.12.1 Chaoter 1 1.08.00 3.16.12.2 Chapter 1 1.03.02 3.16.13. - Chapter 1 0 10.01.04- Administrative 3.16.17. Deter. of procedures Completeness chapter 3.17. Relocated to Post-Disaster Code of Laws & Recovery & Ord.; ss. 38-1 to Re- 38-12. construction Manaaement 2 3 4 ARTICLE 4-IMPACT FEES LDC Division LDC Section LDC Sub- UDC UDC Section Other Notes section Chapter 4.1.-4.7. These provisions are located in Chapter 74 of the Code of Laws & Ordinances, and therefore, are not required to be, and are not, located in the UDC. Page 168 ofl70 Words stfl:lek tm-Sligfl are deleted, words underlined are added 1 ARTICLE 5 - DECISION-MAKING AND ADMINISTRATIVE BODIES 2 LDC Division LDC LDC UDC UDC Other Notes Section Sub- Chapter Section section 5.1. Board of County Chapter 8 8.02.00 - Commissioners BOCC 5.2. Planning Chapter 8 8.03.00 - Commission CCPC 5.3. Board of Zoning Chapter 8 8.04.00 - Appeals BZA 5.4. Building Board of Chapter 8 8.05.00 - Revised in Supp. Adiustment and Appeals BOM 16 lard. 03-27) 5.5. & 5.6.; 5.8. ; & 5.10. These Divisions - 5.12. Reserved were not required or included in the UDC 5.7. County Manager 5.7.1. This Section was not required or included in the UDC 5.7.2. 5.7.2.1. This Section was not required or included in the UDC, exceptfor 5.7.2.1., relocated to Sec. 2-78 (a) (4), of the Code of Laws & Ords. 5.9. CD&ES Division Chapter 8 8.09.00 - CD&ES 5.13. Environmental Chapter 8 8.06.00 - Advisorv Council EAC 5.14. Historical! Chapter 8 8.07.00 - Archaeological HAPB Preservation Board 3 4 5 ARTICLE 6 - DEFINITIONS 6 LDC Division LDC Section LDC Sub- UDC UDC Section Other Notes section Chacter 6.1. Rules of Chapter 1 1.03.00 Rules Construction of Construction 6.2. Chapter 1 1.08.00. A. Revised in Abbreviations Supp. 18 lard. 04-08) 6.3. Definitions Chapter 1 1.08.00. B. Revised in all three Supps. (16, 17, and 18t 7 8 9 SECTION FOUR: CONFLICT AND SEVERABILITY 10 In the event this Ordinance conflicts with any other Ordinance of Collier 11 County or other applicable law, the more restrictive shall apply. If any phrase or 12 portion of this Ordinance is held invalid or unconstitutional by any court of 13 competent jurisdiction, such portion shall be deemed a separate, distinct and 14 independent provision and such holding Section not affect the validity of the 15 remaining portion. 16 Page 169 of 170 Words sm,¡ek thrS\igfl. are deleted, words underlined are added 1 2 3 4 5 6 7 8 9 10 11 12 13 14 SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION SIX: EFFECTIVE DATES This Ordinance shall become effective upon filing with the Department of State, with the exception of Section 10.02.028.12., as proposed in Subsection 3 TT of this ordinance, shall become effective on September 8, 2005. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Approved as to form and 34 legal sufficiency: 35 Qk\ I A , ~~ ,,\!:ilj/V ~ 38 39 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 8th day of June, 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: FRED W. COYLE, CHAIRMAN Deputy Clerk Patrick G. White Assistant County Attorney