Ordinance 2006-04
ORDINANCE 06- OLl
AN ORDINANCE AMENDING THE CODE OF LAWS AND
ORDINANCES OF COLLIER COUNTY, FLORIDA,
AMENDING ARTICLE IV, WHICH REGULATES
EXCA V A TIONS WITHIN THE UNINCORPORATED AREA
OF COLLIER COUNTY, AS PROMULGATED BY
ORDINANCE 04-55, AMENDING SECTION 22-109,
PER'fAINING TO EXEMPTIONS; AMENDING SECTION
22-110, PERTAINING TO EXCA V ACTION REVIEW
PROCEDURES; AMENDING SECTION 22-111,
PERTAINING TO APPLICATION REQUIREMENTS FOR
EXCA V ATlON PERMITS; AMENI>ING SECTION 22-112,
PERTAINING TO CONSTlnJCTlON RI~QUIREMENTS
FOR EXCAVATIONS; AMENDING SECTION 22-113,
PERTAINING TO INSPECTION AND REPORTING
REQUIREMENTS; AMENDING SECTION 22-114,
PERTAINING TO FEES; AMENDING SECTION 22-115,
PERTAINING TO PERFORMANCE GUARANTEE
REQUIREMENTS; AMENI>ING SECTION 22-116,
PEIrrAINING TO APPEALS; AMENDING SECTION 22-
117, PERTAINING TO PENALTIES AND ENFORCEMENT;
AMENDING SECTION 22-119, PERTAINING TO
COMPLIANCE WITH STATE AND FEDERAL PERMITS;
AMENDING SECTION 22-120, PERTAINING TO
V AIUANCES; I'ROVIDING FOR CONFLICT AND
SEVERABILITY; PI~OVmING FOR INCLUSION IN TilE
COLLIER COUNTY CODE OF LA WS AND ORDINANCES;
AND PIWVIDING FOI~ AN EFFECTIVE DATE.
,
,-,~-
r-~ u ,
, -- ---,..,
- ... li )
: -
)
"'-'" 0
-
- ,
',.'
WHEREAS, Chapter 125, Florida Statutes, estahlishes the right and power of countics to
providc for the health, wdfare and safety of existing and future residents of the County by
enacting and enforcing regulations necessary for the protection of the public; and
WHEREAS, the Board of County Commissioners (Board) has determined that
controlling excavations within Collier County is in the public's best interest; and
WHEREAS, Collier County EngineeIing staff has determined that excavation procedures
require updating and clarification due to changes in state legislation, Board policies, past
expeIience, changes in population centers and an increased understanding of local ground water
and traffic conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONER OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Article IV, Section 22-109, Exemptions, of the Code of Laws and Ordinances
of Collier County, FloIida is amended as follows:
Sec. 22-109. Exemptions.
(5) AgIicultural drainage and irIigation work incidental to agricultural operations (see
section 22-110(2) for off-site hauling).
a. Excavations incidental to agriculture surface water management and water
use facilities as included in existing South Florida Water Management District permits. All
I
Words struel: tHrough are deleted, words underlined are added.
excavated materials must remain on lands under the same ownership. Any transportation of
materials over public roads is subject to appropriate traAS]301tation roaa Hse fees Right-of-Wav
permits.
(7) Farm animal wateIing ponds or excavations located on single-family lots/tracts
where the net property size is two acres or more are exempt from the permitting procedures
contained in this arti6le, but will require an Exempt excavation permit and must comply with all
the construction standards of this article. Such exemptions apply only if~
a. E"xcavation does not exceed one acre in area and 20 feet in depth.
b. Unless an excavation is located in an Agricultural zoning district, a A
building pelmit for a single-family home must be issued prior to the county issuing a h,ller of
eJ,emption an Exempt excavation permit.
Activities set forth in sections 22-109(1), (except removal of excess material) 22-
109(2), 22-109(3), 22-109(5), and 22-109(6) above do not require letters of eJlemption an
Exempt excavation permit. Activities set forth in sections 22-109(4) and 22-109 (7) require
,
submillal of plans or drawings of the proposed activity to the eEngineering plan review Services
dDepartment for a formal letter of exemption.
SECTION TWO: Article IV, Section 22-110, Excavation Review Procedures, of the Codc of
Laws and Ordinances of Collier County, Florida, is amended as follows:
Sec. 22-1]0 Excavation Review Procedures.
(a) Types or excavation permits. The permits required by this article shall be issued
by the deyelopment En~ineclin~ s~ervices aDepartment in accordance with the procedures set
forth herein and shall come under one of the following categories:
(I) Private excavations. Private excavations are considered to be an
excavation on non-commercial property where the excavated material is not removed from the
property and where the disturbed surface area at grade does not exceed two acres. Where more
than one excavation is proposed for the same piece of property or properties under common
ownership and the combined disturbed surface area exceeds two acres, the permits shall not be
issued as a private excavation.
(2) Commercial excavations. (Types I, II, & III (f., B, C, D)) Commercial
excavations are considered to be any excavation wherein the excavated material is removed from
the subject property. Except that up to 4,000 cubic yards of excavated material may be removed
from an agriculturally zoned site if the fill is the result of a legitimate agricultural use as defined
in other sections of this Code.
Per ]3Hflloses sf tllis seetion, llle fellewiRg deflnitisas sllall Rflply:
Type I eelRlRereial exeavlltioR Leeated IR estates i'!eaiag disl1ists '1.-itll a sHrfase
area less tllaa tllree aeres .....itll aR eJ(ea','atedma~eFial ','oIHme less tHan llQ,QQQ sHbie yards.
Type II eemlReriJial exeayation Leeated in estates zoniRg diskiets witll
dilReRsiens greater tllllfl tllese listed fer tYfle I sommereial.
TYjle III .^. eemmereial eJlea','atien Leeated in agFieHI~W'a1 zaning ElistRets ',vitll II
velHHle less IllaR 100,000 sHbie yards.
2
Words stmek tllrough are deleted, words underlined are added.
Type III g commercial eJl0avatioA Located iA agricHltural zoning districts with a
volHffie e~Hal to or gr-eater than 100,000 cHbie yanls and less titan 500,000 cHbic yards.
Type III C commercial eKcavation Located in agricHltHral zoning districts with a
volHme eqHal to or greater than 500,000 cubic yards and less than or equal to 5,000,000 cubic
yaFd;r.
Type 1II 0 commercial el,cavation Located in agricHltural zaning districts with a
volume greater thaA 5,000,000 cHbic yards.
All approved developments with offsite hauling activities will be considered ~
Ill-B commercial excavations. See Section 22-110 (a) (3) b. for exemption.
The minimum lot size for aAY Type III commercial excavation shall be 20 acre:;.
(3) Development excavation. Development excavations are considered to be
any excavation located within the boundaries of a planned unit development, or suhdivision
development, having approved construction plans (to include SDPs), or an industrial or
,
commercial project, or where the disturbed area of an excavation exceeds two acres, but no fill is
removed from the subject property for whatever purpose provided that:
a. The excavations were clearly defined and detailed as to location, size,
shape, depth and side slopes during the development's review process and, if applicable,
approved hy the bJioard after appropriate public hearings.
b. If approved by the bJioard during the rezone and/or preliminary
subdivision plat process, excavated material in an amount up to ten percent (to a maximum o(
20,000 cubic yards) of the total volume excavated may be removed from the development.
Intentions to remove material must be clearly stated during the development's review and
approval process.
(b) Issuance (!j'permits.
(I) Issuance of private and development excavation permits. The county
manager or designee may administratively approve and issue private and development
excavation permits where all of the applicable standards of this article have been met. When, in
his opinion, the standards have not been met, the application shall be submitted to the
environmental advisory council for recommendation with ultimate approval or denial required of
the bJioard.
(2) Issuance of commercial excavation pennits. Applications for commercial
excavation permits shall be reviewed by the community development and environmental services
administrator, or his designee, and by the environmental advisory council for recommendation
and approved by the board. When a request is made to remove surplus fill material from a
previously approved development excavation, the requirement for review by the environmental
advisory council shall be waived, but dependent on haul route and amount of fill to be hauled.
staff may require approval by Collier County Planning Commission.
(c) Notice of meeting. The county manager or designee shall give prior written
notice of the environmental advisory council meeting, by first class mail, as noted in section 22-
3
Words stmck throHgh are deleted, words underlined are added.
III (a)(3)d., to all adjacent property owners (within 300 feet of the property line or within 500
feet of the excavation itself) as determined by reference to the latest official tax rolls.
For Type I and Type II excavations located in Estates zoning distticts, all owners
of existing homes or homes under construction, (i.e. having broken ground on the date of
suhmittal of the excavation pelmit application) within one mile of the site along the haul route
must be notified in accordance with section 22-1 I l(a)(3)d. of this Code. Such property owners
may request that the item be heard by the aBoard of eCounty eCommissioners at a public
hearing.
(d) Exc{ll'{ltioll pennit criteria. Approval by the site development review
Engineering Services Dfiirector. or his designee, and the a~oard shall be granted only upon
competent and substantial evidence submitted by the applicant, that:
(I) The excavation will not interfere with the natural function of any sanitary,
storm or drainage system, or natural flow way, whether public or private, so as to create flooding
or public health hazards or jeopardize the functions of the natural resources and environment of
Collier County.
(2) Dust or noise generated by the excavation will not cause a violation or any
applicable provisions of this article. Rock crushing operations or material stockpiles that will be
adjacent to any existing residential area may require separate county approval.
(3) The excavation will not adversely affect groundwater levels, water quality,
hydroperiod or surface water f1owways. The county manager or designee may require the
applicant 10 monitor the quality of the water in the excavation and adjacent ground and surface
waters. Under no circumstances shall the excavation be conducted in such a manner as to violate
Collier County or applicable State of Flolida water quality standards.
(4) The excavation will be constructed so as not to cause an apparent safety
hazard to persons or propelty.
(5) The excavation does not conflict with the growth management plan or
land development regulations adopted pursuant thereto, nor does it conflict with existing zoning
regulations. Special criteria and approval procedures may be necessary for projects within the
Big Cypress Area of critical state concern.
(6) In cases where a wetland is no longer capable of performing
environmental functions or providing efl':iroflmental fUAetions or providing environmental
values or in cases where it is determined that no reasonable alternative exists other than
disrupting a wetland, certain alterations may be allowed, except as otherwise authorized through
previous county review processes.
(7) Flow of water within and through preserved wetlands shall not be
impeded.
(8) Appropriate sediment control devices (hay bales, silt screens, etc.) shall be
employed to prevent sedimentation within the wetland pursuant to the design requirements of
Section 10.02.02 of the Land Development Code. Any building site adjacent to a wetland and
elevated by filling, must employ the same erosion control devices. Fill must be stabilized using
sod, seed, or mulch.
4
Words stnlCk thrmlgh are deleted, words underlined are added.
(e) Other permits required. All appropliate state and federal permits or
approvals for work in jurisdictional areas shall be provided to the county manager or designee
prior to issuance of an excavation permit.
The excavation permit shall include authorization to remove vegetation within 20
feet of the lake control contour elevation and for the stockpile area.
(I) '- Fees alld guarantees. Upon eCommunity eDevelopment and
e!;:nvimnmental s~ervices aAdministrator, or his designee, approval on behalf of the b-,-!oard of
eCounty eCommissioners, the applicant will, witbin 60 days of written notification from the
eCommunity eDevelopment and e!;:nvironmental s~ervices aAdministrator or his designee, pay
the required permit/ review fee, road use f-ee if required, and post, if required, the appropriate
perfOlmance guarantee, in a format approved by the county attorney. IR addition, tHe applicant
shall provide ""TitteR proof of payment of road use feeG iR a000rdanc~ witlI seNiOR [22 111(0)], if
required.
Failure to pay the fees and post the guarantee, within this time period shall
constitute abandonment of the excavation permit application and will require complete
reapplication and review in accordance with all requirements in effect at the time of
reapplication, with the following exceptions:
(I) Upon receipt of an applicant's written request with sufficient justification,
as determined hy the county manager or designee, and payment of a time extension fec, the
county managcr or designce may, one time only, autholize the extension of the permit issuancc
time for up to an additional 60 days.
(2) All previously approved excavation pern1its that have yet to be issued by
the county manager or designee become eligible for the ahove time extensions upon the effective
date of this article.
(g) Duration of excavation permits.
(I) Pri vate excavation and type 1 aRe type n commercial excavation pennits
located in Estates zoning districts shall be valid for a peliod of 12 months from the date of
issuance. If the work is not completed in that time, a second application, with a reapplication fee
must be submitted to the county manager or designee, requesting up to an additional 12 months
to complete the excavation. If the county manager or designee finds sufficient good cause to
grant the request, a permit extension will be issued.
(2) Commercial type III and development excavation permits will be of
indefinite duration or until the excavation reaches the limits of the permitted size, provided the
excavating operation remains active in accordance with the requirements of this article. ThiItv
(30) days prior to anniversary date of permit. an annual status report. a renewal fee. and a 12
month inspection fee. set by resolution, shall be required.
(hl Excavation application time limit for review. Excavation application.
once deemed complete and sufficient. will remain under review so long as a resubmittal in
response to County reviewers' comments is received within 270 calendar days from the date on
which the comments were sent to the applicant. If a response is not received within this time. the
application for the excavation review will be considered withdrawn and cancelled. Further
5
Words struck through are deleted, words underlined are added.
review of the proiect will require a new application and payment of new application fees subiect
to the then current regulations.
SECTION THREE: Article IV, Section 22-111, Application Requirements for Excavation
Permits.
Sec. 22-111. Application Requirements for Excavation Permits.
(a) Unles~ otherwise directed, one copy of all required application documents shall be
submitted to the county manager or designee on a fOlm to be supplied hy Collier County. The
application shall include, but not be limited to, the following information:
(I) The name, address and telephone number of the applicant or his agent,
and, if known, the excavator.
(2) Proof of ownership, legal descliption and location of the property
involved. A small location map, drawn on 8 1/2-inch by II-inch paper, shall accompany the
application, clearly showing the location of the proposed excavation(s) in relation to commonly
recognized landmarks.
(3) A signed statement Excavation Application provided by the €~ounty and
completed by the applicant or his agent which includes:
a. A statement that he has read this article and agrees to conduct the
excavation in accordance with this alticle, this Code and other county and state codes and laws.
h. A statement of the purpose of the excavation and intended use or the
excavated material.
c. Exhibits prepared and sealed by the project's surveyor/engineer showing:
I. Thc boundaries or the property.
2. Existing grades on the property.
3. The level of the mean annual high and low water table with supporting
information relative to how elevations were determined.
4. The grades which will exist following the completion of the excavation.
5. The volume of the excavation as measured from the natural grade.
6. Easements, existing utilities, roads and setbacks, and zoning.
7. Drainage and flowways.
8. Aerial limits of any special site vegetation such as mangrove, cypress or
other wetland species.
9. For development and all type III commercial excavations, logs of soil
auger borings with field classification shall be provided, unless existing recent data is available
and provided to the county manager or designee, for use in determining minimum and maximum
depths and appropriate side slope configurations and evidence of any confining layers, (this latter
to determine if on-site or adjacent wetlands are "perched. ") The depth of the soil auger borings
shall extend to a point at least one foot below the proposed bottom elevation of the excavation,
and shall be of at least the following density according to size of each excavation; zero to four
and nine-tenths acres/two locations; five to nine and nine-tenths acres/three locations; ten acres
or more/three locations plus one for each additional 20 acres or fractional part thereof.
6
Words struck tHrough are deleted, words underlined are added.
10. For private and type I eOfFIfFIereial excavations, two auger bOlings or a
simple machine excavated hole to a depth of 13 feet below the wet season water tahle must be
submilled.
II. For type I aAd type II commercial excavations, the site must be posted
with a notification of the date. time, and location of the public hearing before the board of county
commissioners.
12. For type I and type II commercial excavations located in Estates zoning
districts, a list of homeowners und a map of all existing dwellings and dwellings under
construction (i_e. having broken ground on the date of submittal of application) at tHe time of
sUBfFIittal 01' the applicatioA ahmg adjacent to the haul route, and one mile in any direction, must
be submitted for notification to the Community Development Division Engineering Services
Department along with envelopes having postage for two ounces and addressed to the owners of
those dwellings or dwellings under construction.
d. If the project is to be submitted to theeJ.jnvironmelllal aAdvisory
€~ouncil, a list of the names and addresses, obtained from the latest official tax rolls, of all
owners or owner associations of property within one-fourth mile of the excavation or on-site
vehicle access route or within 300 feet of the propel1y lines of the propelty on which the
excavation is to be performed, whichever is less, must he submitted to the Engineering Services
Director or designee. The applicant shall also furnish the COl1Aty MaRager Engineering Services
Director or designee with said owners' names and addresses on pre-addressed four inches by nine
and one-half-inch envelopes with first class, plus one additional ounce, postage ready for
mailing.
For type I aJ1d typ0 II eJ;cavatioJ1s, all OWRers of tJJdstiRg hOfnes or homes uRder
cORstructioA (i.e. haviRg broken ground OR the date of sllbmittal of the applicatioA) within une
mile of the site along the haal rollte must be Rotifiea. The petitiElner shall sabHlit a list of these
homeowners aloRg with stamped, ha'liRg t'NO ElllnCeS '....orth of first class postage, pre addressed
envelopes to the commlfflity-development divisioA, eRgiReeriAg re'liew departmeRt.
e. Water management plan detailing methods for the conservation of existing
on-site and off-site surface drainage systems and groundwater resources. Copies of an
appropriate surface water management permit and/or water use permit (dewatering) as required
and issued by the South Florida Water Management District shall be provided to the county
manager or designee prior to commencing the excavation operation.
f. If excavated material will be removed from the property, and unless, due
to site-specific circumstances, the requirement is waived by transportation operations director, a
traffic und road impact analysis will be made by the applicant to address the following;
1. Identifying the project's zone of influence, that is, the distance from the
site that traffic is either generated from or attracted to.
2. The existing condition of the road system within the excavation project's
zone of influence.
3. The capacity of the road system within the zone of influence to handle
existing traffic, normal growth in the traffic, and additional traffic generated from the excavation
7
Words struck through are deleted, words underlined are added.
project in consideration of the time frame of the traffic generation and the wheel loadings of sllch
traffic.
4. The site-specific road work within the zone of influence which is
necessary prior to the start of the project and which will he necessary during the project so as to
assure that premature road failure and/or severe road damage will not occur.
5. ~ Road work to be undeltaken hy the applicant to mitigate adverse road
impacts along with confirmation of the secuIity, if applicable, to be provided by the applicant to
assure completion of the identified road work. Any and all secuIity and/or perfomlance
guarantee required in excess of $100,000.00 as set forth in the road use analysis shall be secured
or guaranteed in accordance witH seClioA 3.5.10. prior to Excavation permit issuance.
Should there not be concun-ence hy transportation operations director and the
applicant, about the improvements, maintenance, performance guarantee and/or other
requirements on the pmt of both patties based on the road impact analysis, the permit application
along with applicahle information shall he subject to review and recommendation by the Collier
.
County Planning Commission followed by review and action by the board.
g. The permittee may provide a phasing plan whereby the required
performance guarantee may be reduced provided that security requirements are met in the first
phase. No excavation shall take place in future phases until either the first phase is completed
and approved by Collier County or additional secuIity requirements are provided for the future
phase(s) of work. Performance guarantees for platted lakes shall be in an amount equal to the
engineer's certified construction estimate.
fbjh. Should blasting be necessary In conjunction with the excavation, all
blasting shall be done under an approved Collier County user/blaster permit with no overburden
removed plior to blasting from the area planned for excavation unless otherwise approved by the
county manager or designee. Said permits shall be obtained from the Collier County
DevelopmeRt Engineering Services Department. Should approval for blasting not be granted to
the applicant, the applicant shall remain responsible to meet any and all requirements of an
approved excavation permit unless the subject excavation permit is modified in accordance with
this article.
B8L If trees are to be removed as a result of the excavating operation, a
simultaneous submittal shall be made to the 8~nvironmental staff of tHe (llanniRg s~ervices
4Depmtment. Approval by 8~nvironmental Services staff will constitute a permit for removal of
the vegetation when the excavation permit is granted.
Wi If the application is made by any person or firm other than the owner of
the property involved, a written and notarized approval from the property owner shall be
submitted prior to processing of the application.
SECTION FOUR: Article IV, Section 22-112, Construction Requirements for the Construction
of Excavations, of the Code of Laws and Ordinances of Collier County, Florida, is amended as
follows:
Sec. 22-112. Construction Requirements for tile CaRlltmetiaR af Excavations.
8
Words struc); tHrsugR are deleted, words lInderlined are added.
All requirements of the South Florida Water Management District, Permit
Information Volume IV, along with the following requirements, shall apply to all excavations.
(I) Setbacks. Excavations shall be located so that the control elevation
contour of the excavation shall adhere to the following mmllnum setback requirements:
Exception, where an excavation crosses common parcel or propelty lines. the sethack
requirements are exempt at the contiguous propertv lines.
a. Fifty feet from the right-of-way line or easement line of any existing or
proposed, private or public, street, road, highway or access easement. Exceptions to the above-
referenced setbacks may be developed and shall be subject to final approval by the development
services administrator or his designee. Said exceptions shall he based upon recognized standards
for traffic engineering and road design (AASHTO and/or Manual of Uniform Minimum
Standards for Design, Construction and Maintenance for Streets and Highways, State of Florida)
and shall incorporate such factors as road alignment, travel speed, bank slope, road cross section,
and need for barriers. However, lakes immediately adjacent to "T intersections" shall be located
,
based on a specific design analysis by the applicant's engineer which provides for safety and
traffic considerations at the intersection.
h. Fifty feet from side, rear, or abutting propelty lines, except where the
excavation IS located in agriculturally or industrially zoned districts abutting a residentially
zoned district, the sethack shall be 100 feet from the residentially zoned property. Exceptions to
these setbacks may be granted if the following criteria are met: installation of proper fencing
(minimum feHr six feet chain link), herms, walls, or other engineered protective measures for the
portion of the property line within 100 feet of the lake. The minimum setback from any property
line to the control elevation contour shall be 20 feet.
c. From jlllisdictional wetlands setbacks will be determined using standards
set by SFWMD or the Depmtment of Environmental Protection, as applicable.
(2) Side slopes. The finished side slopes of the excavated area, expressed as
the ratio of the horizontal distance in feet to one foot of vertical drop, shall be as follows:
A maximum four to one slope shall be graded from the existing grade to a
hreakpoint at least ten feet helow the control elevation. Below this breakpoint, slopes shall be no
steeper than two to one.
a. All governmg side slopes shall be considered from 20 feet outside the
control elevation contour of the resulting excavation.
b. If rock, homogenous to the bottom of the excavation, is encountered at any
elevation above the breakpoint, then the remaining slope below the breakpoint shall be no
steeper than 0.5 to one. If said homogenous rock is encountered below the breakpoint, then the
slope below the breakpoint shall be no steeper than two to one to the rock elevation, and no
steeper than 0.5 to one from the rock elevation to ten feet below the control elevation.
c. In the event that property where a commercial or exempt agricultural
excavation was previously excavated is rezoned/developed for uses other than agriculture, the
excavation shall be modified to the standards for development excavations in accordance with
the requirements of section 22-112(b) llrsller, or other criteria as may be more stringent.
9
Words strack thrmlgh are deleted, words underlined are added.
d. Exceptions to the side slope requirements that may be justified by such
alternatives as artificial slope protection or vertical bulkheads shall be approved in advance by
the site develollHleAt revie'", Engineeling Review Services Department Dairector, where
justification shall be documented in a design analysis prepared by a professional engineer
registered in the State of Florida. Bulkheads may be allowed for no more than 40 percent of the
shoreline length. Exception to the breakpoint depth may be granted by the Engineering Services
Department based on historical water elevation data.
e. Reseryed.
f,,,, No building construction permits will be issued for any proposed
construction around the perimeter of any excavation where the minimum clearance between the
excavation top-of-bank and the proposed building foundation is less than 30 feet, unless and until
all side slopes adjacent to the proposed construction have been completed and approved by the
county manager or designee. Exceptions to this requirement will be made in those instunces
where the perimeter of the excavation will he bulkheaded in accordance with the provisions of
section 22-l12(b)(4).
(3) Depths. Unless site conditions, water quality or soil information indicates
otherwise, the excavation depths as measured from the permitted control elevation shall be as
follows:
a. Maxi mum. Pri vate and development excavations shall not exceed 20 feet
in depth unless computations using the "fetch formula" of maximum depth = 5 feet + (0.015) x
(mean fetch in feet) indicate that deeper depths are feasihle. The mean fetch shall be computed as
follows: (A+B)/2 where "A" is the average length parallel to the long axis of the excavation and
"B" is the average width of the excavation as measured at right angles to the long axis.
Commercial excavations shall not exceed 20 feet in depth unless otherwise
supported by the "fetch formula," or if it can be shown from a comparative water quality study
that depths in excess of 20 feet will not, because of aquifer conditions or relative location to
coastal saline waters, have a detJimental effect on the groundwater resources in the surrounding
area.
b. Mil.imum. In order to assure that unsightly conditions or undesirable
aquatic growth will not occur in wet retention areas during the dry season of the year, the bottom
elevation of these excavations shall be at least six feet below dry season water table, unless the
portion of the lake in Question is a littoral zone planting area.
c. Over-excavation. In those instances where the excavator over-excavates
the depth of the excavation by more than an average of ten percent, written justification shall be
submitted to the county manager or designee by the project's surveyor/engineer providing an
assessment of the impact of the over-excavation on the water quality of the excavation. If, upon
review of the assessment statement by the county manager or designee and e!:;nvironmental
aAdvisory eCouncil, the increased depth is found to be unacceptable, the permittee shall be
required to fill the excavation to the permitted depth with materials and methods approved by the
county manager or designee. If the depth is deemed acceptable by the county manager or
designee and approved by the environmental advisory council, a penalty will be against the
10
Words struck through are deleted, words underlined are added.
permittee for the volume of over-excavated material. The penalty shall be set by resolution for
each additional cubic yard of excavated material.
(4) Fencing. If, at any time, the county manager or designee finds that the
location and conditions of an excavation are not in, or able to be brought into, compliance with
all requirements of this article, the excavation shall be buffered with a minimum of a feHFsix-
foot-high fence with-"No Trespassing" signs as deemed appropriate by the county manager or
dcsignce to deter passage of persons.
(5) flours or operation. Hours of equipment and blasting operations shall be
regulated by appropriate county ordinance and state laws. Unless otherwise approved by the
county manager or designee, all excavation operations with the exception of dewatering pumps,
which are within 1,000 feet of developed residential property, shall be limited to operating hours
hetween 7:00 a.m. and 5:00 p.m., Monday through Saturday. HOllrs of operation for private and
for type I aHd type II commercial excavations located in Estates zoning districts shall be 7:00
a.m. to 5:00 p.m., Monday through Friday. Additionally, such excavation operations shall he in
,
compliance with any and all county ordinances which establish operating controls by hours,
days, noise level, or other parameters relating to public health, safety and welfare.
(6) Restoration. Upon completion of the excavation operation, the subject
property shall be restored as required by the 1986 State of FIOlida Resource Extraction
Reclamation Act (F.S. ch. 378, pt. IV). Reclamation shall mean the reasonable rehabilitation of
the total disturbed area where the resource extraction has OCCUlTed, and shall meet the
reclamation performance standards established by the state. All disturbed areas, including the
excavation side slopes above the watcr line control elevation contour and a 20-foot wide area
around the entire perimeter of the excavation, measured from the control elevation contour, shall
be sodded or fertilized i!nd seeded with a quick-catch seed variety approved by the county
manager or designee within 60 days of the final side slope shaping in order to minimize the
potential for erosion.
(7) Discontinuance of operations. If the excavating operation is inactive for a
period of 90 consecutive days, except due to strikes or acts of God, all side slopes, including the
working face, shall conform with this article and a report so stating, prepared and sealed by the
project's surveyor/engineer shall be submitted to the county manager or designee.
Recommencement shall also be reported to the county manager or designee. If the excavating
operation is never started or if discontinued for a period of one year, that permit is void unless a
wIitten request is made by the permittee with sufficient justification for a time extension in
which case the county manager or designee may authorize a permit extension for up to 180 days.
A new permit must be approved prior to commencement.
(8) Non-water management system lakes. Non-water management system
lakes of a surface area of one acre or less, may be riprapped along their entire shoreline under the
following conditions:
a. Side slopes shall be at a ffiiniffiHffi no steeper than a ratio of two to one.
b. Littoral shelf areas mllst conform to section 3.05.10 of the WG.Land
Development Code.
11
Words stmck tAroHgh are deleted, words underlined are added.
c. Riprapping must extend down to the slope breakpoint required by section
22-112(2).
d. The lake shall have protective barIiers to prevent vehicular access where
necessary.
e. The lake shall meet all of the design requirements of this article and
section 3.05.10 of the-bf)G Land Development Code.
(9) Amendments to approved excavations. Substantial changes to any
approved excavation permit, (i.e. changes resulting in an increase of 20 percent or more in
excavated volume resulting in less than 50,000 additional cubic yards), must be submitted to
project plan review the Engineering Services Department for review and approval, with such
approval granted in writing prior to commencement of any proposed change. Littoral shelf areas
must conform to section 3.05.10 of the bf)G Land Development Code. Failure to comply with
the permit requirements shall be cause for the county manager or designee to issue stop work
orders on all excavation relatc:;d activities laking place or planned for the subject property.
,
Insubstantial changes shall not require prior written approval and shall include reductions III
surface area not affecting water management design quantities of materia] to be removed. A
written descliption of proposed insubstantial change, (including an illustrated as-built as per the
excavation permit,} to any approved excavation shall be submitted in writing to the Engineering
Services Department. project plall review alld to the development compliaHce department.
(10) Special requirements f{ir typC! 1 and type 11 commercial excavations
located in Estates zonin!! districts,are as ({)!lows:s
a. Type I and ty~ll-€~ommercial excavations '.vill be required to apply for
must be authorized by a conditional use approval permit for the parcel(s) #tat where the
excavation occurs 00.
b. Conditional uses and excavation permits expire after one year, with a
provision for one additional one:year extension upon payment of a renewal fee and inspection
fees.
c. Blasting will not be permitted. If test holes show that rock is less than 12
feet from the original grade, removal methods must receive staff approval.
d. Hours of operation for digging and/or offsite hauling will be 7;00 a.m. to
5:00 p.m., Monday through Friday.
e. All areas disturbed as a result of fill storage must be seeded and mulched
upon completion of construction. Prior to release of the performance bond, the planted seed must
reach a height of six inches. Rye grass is acceptable for this purpose.
f. Lake location and size. For parcels five acres in size and smaller, the
surface of the lake can occupy a maximum of 40 percent of the lot area.
For parcels over fi ve acres and up to ten acres, the surface area of the lake can
occupy a maximum of 45 percent of the lot area.
For parcels over ten acres, the surface area of the lake can occupy a maximum of
50 percent of the lot area.
12
Words struck tHroUgH are deleted, words underlined are added.
Finished lakes shall be irregularly shaped with no comers less than 40 feet in
radius, and must otherwise conform to section 5.05.08 of the Land Development Code.
Setbacks less than 50 feet from control elevation contour to property line are
permitted allowed if proper fencing (4& 72 inches high and "childproof") is used. Under no
circumstances will a setback of less than 20 feet from control elevation contour to property line
be allowed. There shall be no exceptions to the 50 foot front yard setback from the road light-of-
way line.
g. Depths. Type I al1d type II €Commercial excavations located in Estates
zoning districts shall not exceed 20 feet in depth. The minimum depth shall be 12 feet 6 feet
below low water at the middle of the excavation. See section 22-112f&}(I) for exceptions.
h. Sideslopes shall be no steeper than one foot veltical to four feet horizontal
to a depth of ten feet below control elevation and may be as steep as one foot vertical to two feet
horizontal below that elevation. ExcePtion to the breakpoint dePth may be granted by the
Engineering Services Department based on histolical water elevation data.
,
I. Building envelope. A minimum one-acre building envelope is required.
The envelope shall be contiguous, rectangular in shape, and may extend to the property lines and
include setbacks. The minimum dimension of any side of the rectangle shall be 150 feet.
.J. Stockpiles. Temporary stockpile areas shall occupy a minimum of one
acre. The stockpile area may occupy the future homesite. Proper erosion control and sediment
measures (meeting N~PDES standards) must be used at the stockpile site.
k. Littoral zone plantings must conform to section 3.05.10 of the illG Land
Development Code.
I. Federal and state agency permits. Any excavation in an area containing
SFWMD (Southwest Florida Water Management District), DEP (Department of Environmental
Protection) zoRillg district, or USACGE (United States Army Corps of Engineers) jurisdictional
vegetation must obtain a permit from the applicable agency prior to issuance of the excavation
permit.
(II) Erosion control. Upon completion of any lake construction, a silt fence
must be installed around all portions of the lake which are contiguous to proposed new
construction. Portions of the silt fence may be removed after the new construction (i.e.
residences, roads. drainage) adiacent to that section of silt fence has been approved. Alternate
means of erosion control, meeting federal and state standards, may be approved by the
Engineering Services Director, or designee, upon submittal of a plan showing the proposed
erosion control method
SECTION FIVE: Article IV, Section 22-113, Inspection and Reporting Requirements, of the
Code of Laws and Ordinalices of Collier County, Florida is amended as follows:
Sec. 22-113. Inspection and Reporting Requirements.
(a) Inspection.
(I) Collier County personnel, having given reasonable adyance notice, shall
have the right to enter the property permitted for excavation and may from time to time carry out
monthlv inspections of the excavation site. which may includ~ the collection of water samples
13
Words stnwt through are deleted, words underlined are added.
to determine compliance with the provisions of this article and any special conditions attached to
the excavation permit as issued by Collier County.
(2) Upon reasonable notice ft'om Collier County personnel that an inspection
IS to be conducted, which requires the assistance and/or presence of the permittee or his
representative, the permittee or his representative shall be available to assist and/or accompany
county personnel in the inspection of the excavation site.
(3) Collier County personnel are not obligated to carry out a detailed
topographic survey to determine compliance with this aArticle. Upon a finding of violation of
this Article or the special conditions of the excavation pelmit, the county manager or designee
shall advise the permittee in writing hy certified letter. The permittee shall, within 15 days of
receipt of such notice, have "ither the violation corrected or submit in writing why such
correction cannot be accomplished within the IS-day peliod. Such written communication shall
also state when the violation is to be cOlTected. If, in the opinion of the county manager or
designee, the delay in correcting the violation is excessive, he may recommend to the board that
the excavation permit be temporarily suspended or permanently revoked. Upon correction of the
violation, the petmittee may be required by the county manager or designee to have an
appropriate report, letter and/or survey, whichever is applicable, prepared, sealed and submitted
to Collier County by the project's engineer/surveyor. Failure to do so shall be cause for revoking
the permit.
(4) Monthly inspections by county personnel will be conducted for all
commercial, development, and private excavations.
(b) Reporting.
(I) Status rep0l1s. The permittee shall provide the community development
and environmental services administrator, or his designee, with an excavation activities status
report as follows:
a. Private and type! a:rd I)'P3 !! commercial excavations located in Estates
zoninQ district. A final status repOlt within 30 days after the final completion of the excavation.
b. Development and aU Iype I!! commercial excavations. An annual status
report every 12 months over the duration of the permit and a final status report within 30 days
after the final completion of each phase of the excavation. If a final status repOlt will be filed
within four months of the required annual status report, then the need for the preceding annual
status report shall be waived.
The final status report shall consist of no less than the following information, and
such other information as may be deemed necessary by the community development and
environmental services administrator, or his designee, to accurately determine the status of the
excavation, its compliance with this Article and the special conditions of the excavation permit;
I. A sealed topographic survey prepared by the project's surveyor/engineer,
containing the following:
a) A base line along the top of the perimeter of the excavation, clearly
referenced to known points and adjacent property or tract lines, if appropriate, with right angle
cross sections taken which clearly show the as-built side slope and depth of the excavation at
14
Words stmck through are deleted, words underlined are added.
each station. Unless otherwise approved by the county manager or designee, cross sections shall
be taken every 100 feet on excavations less tHan five acres or less, and every 300 feet on
excavations over five acres. Partial cross sections showing the as-built side slopes will be
necessary on the ends of the excavation and around the perimeter of the excavation where due to
its ilTegular shape, the base line right angle cross sections do not accurately depict the actual
constructed slopes. The cross section survey data shall be plotted at an appropriate scale and the
as-built side slope ratio computed for each of the segments between the survey data points. The
approved design cross section, including the breakpoints, shall be superimposed on each as-built
cross section to facilitate visual verification of substantial compliance with provisions of this
article. Side slopes shall be graded to within a reasonable tolerance as will be determined by the
county manager or designee, depending upon local site conditions.
b) On all planned unit development or suhdivision projects, the outline of the
excavation~s top-of-bank shall be accurately plotted and referenced to known control points in
order that:
i) The surface area can be verified as meeting size and retention/detention
storage needs. The computed surface area at control elevation shall be shown to the nearest tenth
of an acre.
ii) It can be determined that the excavation was constructed within easements
dedicated for that purpose.
c) Calculation of value of excavated material as follows: Cubic yards used on
site + Cubic yards removed from site + Cubic yards remaining on site in stockpiles = Total cubic
yards excavated.
2. A certification from the project's surveyor/engineer stating that they have
visually inspected all dikes around any dewatering storage areas, if any, and have alerted the
permittee of any apparent weak spots or failures which shall be promptly corrected by the
permittee to assure that there will be no potential for dike rupture that would cause off-site
flooding.
3. A certification from the project's surveyor/engineer shall accompany all
final completion status reports stating that, based on their observations and surveys, all work on
the excavation(s) was completed within reasonably acceptable standards of this article and any
special stipulations placed upon the excavation permit.
4. The annual status repOlt shall consist of no less than the following
information, and such other information as may be deemed necessary by the community
development and environmental services administrator, or his designee, to accurately determine
the status of the excavation, its compliance with this article and the special conditions of the
excavation permit:
a) An annual aerial photograph with a scale of no less than one-inch equals
200 feet.
b) Depth of excavation soundings taken on a 300-foot grid.
c) The property lines of the commercial excavation site as shown on an aerial
photograph.
15
Words struck through are deleted, words underlined are added.
d) At the completion of any lake or phase of the excavation permit, a sealed
topographic map by the project surveyor/engineer shall be submitted in conformance to the
preceding section 22-113(b)(I) b.l.a).
SECTION SIX: Alticle IV, Section 22-114, Fees, of the Code of Laws and Ordinances of
Collier County, Florida is amended as follows:
Sec. 22-114. Fees.-
(a) Applicationfee. A nonrefundable and nontransferable application fee shall
be paid at the time of application for private, commercial or development excavation pelmits to
cover the costs of processing the application. Should a road impact analysis be required in
accordance with section 22-111 (a)(3)f. of this article, the application fee shall be increased to
cover the cost of the road impact analysis.
(b) Permit/ Review j(,e. Within 60 days after approval notification and plior to
its issuance, an additional nonrefundable and nontransferable pelmit/review fee shall he paid to
cover the cost of eJlGavation monitoriag SHall be paid the project and plan reviews.
,
f€1 Road damage repair fee. THe road damage repair fee attribHtable to tHe
HaloIling of eXGavated fill material across COURty road, is $0.0'17 GeAts per cubic yard of eJ,cavalCd
fill matetial. The fee is to be paid yearly. THe first year's fee is to be estimated by tHe community
development aHd eRviroHmeHtal services division based on iHformatioH submitted by the
applicaHl. Subsequent yearly fees will be based on tHe previoHs year's total eJ,cavation that
appears OR tHe annual status report (section 22 113(b)(I)b.l.c).
fd1 ffJ Time extension fee. Each written request for the extension of permit
issuance lime shall be accompa~ied hy a nonrefundahle time extension fee to cover the costs of
processing the request and the county manager or designee shall not consider the request
received until this extension fee is paid in full.
(e1 ill Reapplication fee. If a private excavation is not completed within a 12-
month period, a second application and a nonrefundable reapplication fee must be submitted to
the county manager or designee.
fA f!J Annual renewal fee. Annual status reports filed on development or
commercial excavations shall be accompanied by an annual nonrefundable renewal fee to cover
the cost of reviewing the annual status report.
(n Monthlv inspection fee: A monthly inspection fee. paid in advance
for 12 months, and due prior to issuance of a permit and then due 30 days prior to the
anniversary date of the permit, shall be required for all private, development. and commercial
excavations. If the excavation is completed and approved with monthly inspection fees
remaining, the remaining fees will be retumed.
(g) AI! fees required bv this Ordinance shall be set by resolution.
SECTION SEVEN: Article IV, Section 22-115, Performance Guarantee Requirements, of the
Code of Laws and Ordinances of Collier County, Florida is amended as follows:
Sec. 22.115. Performance Guarantee Requirements.
(a) Upon approval of any commercial or development excavation permit, but
prior to the issuance thereof, the applicant shall, after notification that the permit has been
16
Words struck througH are deleted, words underlined are added.
approved, execute an excavation performance seculity agreement stating that the applicant will
comply with the provisions of this article and the permit. Governmental entities shall be exempt
from this requirement eXl:ept for independent special-purpose government such as a community
development district (CDD). Excavation performance security shall be required of an
independent special-purpose govemment in accordance with section 22-1 15(a)(3). The
excavation perfOlmaI~ce security agreement shall be guaranteed by one of the following three
methods:
(I) Excavations performed in conjunction with a planned unit development or
subdivision development where excavated materials are not removed from the boundary of the
development and the plan for revised topography has been approved by the county manager or
designee may be guaranteed by a subdivision completion bond in accordance with Chapter 10 of
the b9G Land Development Code governing the final platting of a subdivision.
(2) All other excavations shall, within 60 days after approval notification,
have their perfOlmance guaranteed by: (a) a cash deposit or certificate of deposit assigned to the
,
aBoard of County Commissioners, (b) an irrevocable letter of credit or surety bond. Unless
otherwise approved by the county manager or designee, certificate assignments or letters of
credit shall be documented on forms to be provided by Collier County. The performance
guarantee posted for on-site excavation activities shall be in an amount of no less than
$25,000.00 nor more than $500,000.00 1,000,000.00 computed at the rate of $20.00 for sand and
$100 for rock per foot of total lake bank perimeter$0.25 per cubic yard to be excavated to ensure
compliance with the provisions of this article, but such performance guarantee shall not act to
limit any guarantees required for off-site road impacts that may be necessary in accordance with
section 22-111 (a)(3)f.
The Countv may require the performance guarantee posted for on-site
excavation activities to be recomputed at any time-during the project construction for completed,
approved lakes and/or the addition of lake bank perimeter. The recomputed rate shall not be less
than $25,000.00 nor more than $1,000,000.00. This performance guarantee shall not be returned
until the final approval of the excavation has been granted.
(3) The excavation performance security for an independent special-purpose
government such as a community development distlict (CDD) shall be in the following form:
a. Funds held by the bond trustee for a community development district
which are designated for excavation improvements. The CDD shall enter into an excavation
performance security agreement with the county in a form acceptable to the county attorney. The
excavation performance seculity agreement shall provide that (a) all permits required for the
construction of the excavations(s) shall be obtained by the CDD prior to excavation permit
issuance by Collier County, (b) the project as defined in the CDD's bond documents must
include the excavation improvements and cannot be amended or changed without the consent of
the county, and (c) the developer shall be required to complete the excavation improvements
should the CDD fail to complete same.
(b) The performance guarantee shall be executed by a person or entity with a
legal or financial interest in the propelty and shall remain in effect until the excavation and the
17
Words stmck tlm,mgh are deleted, words underlined are added.
requirements of section 3.05.10 of the illG Land Development Code are completed in
accordance with this article. Performance guarantees may be recorded in the official records of
the county and title to the property shall not be transferred until the performance guarantee is
released by the county manager or designee.
(c) All performance guarantees shall be kept in continuous effect and shall not
be allowed to terminate without the written consent of the county manager or designee.
(d) Should the county find it necessary to utilize the performance guarantee to
undeltake any corrective work on the excavation, or to complete the excavation under the terms
of this atticle, or to COlTect any off-site impacts of the excavation, the permittee shall be
financially responsible for all legal fees and associated costs incurred by Collier County in
recovering its expenses from the film, corporation or institution that provided the performance
guarantee.
SECTION EIGHT: Article IV, Section 22-116, Appeals, of the Code of Laws and Ordinances
of Collier County, Florida is amended as follows:
Sec. 22-116. Appeals.
All actions of the county manager or designee shall, if at all, be appealed to the board.
Any applicant who is aggrieved by the action of the board relative to the issuance of a permit, or
any person adversely affected by the issuance of a permit may challenge said action or issuance
by appropliate action in a tribunal or court of competent jurisdiction within 30 days from the date
of said issuance or action. Failure to file an appropliate action within the prescribed time limit
shall operate as a bar to, and waiver of, any claim for relief.
SECTION NINE: Article IV, Section 22-117, Penalties and Enforcement, of the Code of Laws
and Ordinances of Collier County, Florida is amended as follows:
Sec. 22-117. Penalties and Enforcement.
In addition to the over-excavation penalty provided in section 22-112(3)(c), any person
who violates any section of this article shall be prosecuted and punished as provided by F.S. 9
125.69. Each day a violation exists shall be considered a separate offense. The board or any
persons whose interests are adversely affected may bling suit, in the Circuit Court of Collier
County, for damages or to restrain, enjoin or otherwise prevent the violation of this article. The
county manager or designee is vested with the authority to administer and enforce the provisions
of this article and is authorized to take action to ensure compliance with, or prevent violation of,
the provisions of this artide, and shall have authority to issue administrative stay orders. Failure
to file timely status reports with accompanying permit renewal fees and inspection fees, or
failure to keep the performance guarantee in continuous effect shall be cause for the county
manager or designee to issue stop work orders on all improvements or planned improvements for
the subject property.
SECTION TEN: Article IV, Section 22-119, Compliance with State and Federal Permits, of the
Code of Laws and Ordinances of Collier County, Florida is amended as follows:
Sec.22-119. Compliance with state and federal permits.
The issuance of a permit in accordance with the provisions of this article is not intended
to preclude the right or authority of any other federal or state agency from requiring separate
18
Words struck through are deleted, words underlined are added.
permits in accordance with rules and regulations of that agency. In a case where multiple permits
are required, the most stIingent stipulations and requirements of each permit shall govern the
work permitted under this aI1icle.
SECTION ELEVEN: Article IV, Section 22-120, Variances of the Code of Laws and
Ordinances of Collier County, Florida is amended as follows:
Sec. 22-120. Variances.
(a) Any person who is affected by the lake location and sizing requirements of this
subsection may make application to the County Manager, or his designee, for a variance
if strict compliance with this subsection will impose a unique, unnecessary and
inequitable hardship on the person or the affected property. Relief may be granted only
upon suhmitted proof that such hardship is peculiar to that person or that affected
propelty, the problem is not self-imposed, and that the granting of the valiance would be
consistent with the general intent and purpose of this sections and the variance is the
minimum variance necessary to eliminate the hardship.
(I) The Countv Manager, or his designee, is the only person autholized to grant or
deny variances for the lake location and sizing requirements. The Count v
Manager, or his designee should render a decision on the variance request within
ten working days after actual receipt of a complete application. Denial of a
variance request may be appealed to the Board of Zoning Appeals within ten
working days of actual receipt by the applicant of the decision of the County
Manager, or his designee on the initial request.
(2) An aPDlication for Valiance, and/or the granting of a variance, shall operate
prospectively and shall not affect any then pending enforcement action against the
property owner pursuant to the provisions of this subsection or otherwise.
SECTION TWELVE: Conflict and Severability.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any Section, phrase, sentence or portion of
this Ordinance is for any reason held in invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining pOltion.
SECTION THIRTEEN: Inclusion in the Code of Laws and Ordinances
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.
19
Words struck tllroHgll are deleted, words underlined are added.
SECTION FOURTEEN: Effective Date
This Ordinance shall become effective upon filing with the Secretary of State.
PASSED AND DULY,ADOPTED by the Board of County Commissioners of Collier
A .Iff' .
Coo"'y. Flori"'. ,"i<~ ',y of JaaU'rOO6
ATTES1':'.:~:;, <' BOARD OF COUNTY COMMISSIONERS
DWIGHT'E; BROCK, CLERK OF COLLIER COUNT~RIDA
~.>~1g/
By: _
FRANK HALAS, Chairman
~<~~., (l'" J\
By: . ,- . . ~-,; . III
~ttastlS'. ChI1~(Suty Clerk
'.,~tWre only.
,
Ap oved as to form and legal sufficiency:
JEFFEY A.
Assist 'lit Conn
,.fJc.-
20
Words struck tRroagh are deleted, words underlined are added.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2006-04
Which was adopted by the Board of County Commissioners
on the 24th day of January, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 25th
day of January, 2006.
DWIGHT E. BROCK -"";
......
Clerk of Courts and Clerk
Ex-officio to Bbaid' oE
. 1- .
County Commissioners ',' _ .
~ill^-' a~~:,~
L r - - - "J "
By: Heidi R. Rockhold:,"
Deputy Clerk