CCPC Agenda 02/07/2019
Collier County Planning Commission Page 1 Printed 1/31/2019
COLLIER COUNTY
Collier County Planning Commission
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
February 7, 2019
9: 00 AM
Mark Strain - Chairman
Karen Homiak - Vice-Chair
Edwin Fryer - Secretary
Patrick Dearborn
Karl Fry
Stan Chrzanowski, Environmental
Joseph Schmitt, Environmental
Thomas Eastman, Collier County School Board
Note: Individual speakers will be limited to 5 minutes on any item. Individuals selected to speak
on behalf of an organization or group are encouraged and may be allotted 10 minutes to speak on
an item if so recognized by the chairman. Persons wishing to have written or graphic materials
included in the CCPC agenda packets must submit said material a minimum of 10 days prior to
the respective public hearing. In any case, written materials intended to be considered by the
CCPC shall be submitted to the appropriate county staff a minimum of seven days prior to the
public hearing. All material used in presentations before the CCPC will become a permanent part
of the record and will be available for presentation to the Board of County Commissioners if
applicable.
Any person who decides to appeal a decision of the CCPC will need a record of the proceedings
pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which the appeal is to be based.
February 2019
Collier County Planning Commission Page 2 Printed 1/31/2019
1. Pledge of Allegiance
2. Roll Call by Secretary
3. Addenda to the Agenda
4. Planning Commission Absences
5. Approval of Minutes
6. BCC Report - Recaps
7. Chairman's Report
8. Consent Agenda
9. Public Hearings
A. Advertised
1. ***This item has been continued from the January 17, 2019 CCPC meeting***
PL20170004419/CP-2018-1: A Resolution of the Board of County Commissioners
proposing amendment to the Collier County Growth Management Plan, Ordinance
89-05, as amended, specifically amending the Future Land Use Element and Map
Series to add the Livingston Road/Veterans Memorial Boulevard East Residential
Subdistrict to the Urban Mixed-Use District, to allow up to 420 multi family
dwelling units, and furthermore directing transmittal of the amendment to the
Florida Department of Economic Opportunity. The subject property is located on
the south side of Veterans-Memorial Boulevard, just east of Livingston Road, in
Section 13, Township 48 South, Range 25 East, Collier County, Florida, consisting
of 35.57± acres. Per the applicant, item continued per CCPC 12/6/2018 meeting.
[Transmittal hearing] (Coordinator: Corby Schmidt, AICP, Principal Planner)
2. ***This item has been continued from the January 17, 2019 CCPC meeting.*** An
ordinance providing for establishment of a Water Pollution Control and Prevention
Ordinance, providing for repeal of Ordinance No. 87-79, as amended, and
Resolution No. 88-311; providing for inclusion in code of laws and ordinances;
providing for conflict and severability; and providing for an effective date.
[Coordinator: Danette Kinaszczuk, Pollution Control Manager]
February 2019
Collier County Planning Commission Page 3 Printed 1/31/2019
3. LDC Amendments - An Ordinance of the Board of County Commissioners of
Collier County, Florida, Amending Ordinance Number 04-41, as amended, the
Collier County Land Development Code, which includes the comprehensive land
regulations for the unincorporated area of Collier County, Florida, to add outdoor
lighting limitations on single family dwellings, two family dwellings and duplex
dwellings; to provide standards for tree replacement and tree removal in shopping
centers; to allow additional pricing signage for facilities with fuel pumps and allow
electronic message boards for price signage; to add standards and requirements for
permanent emergency generators for single family and two family dwellings; by
providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three,
Adoption of Amendments to the Land Development Code, more specifically
amending the following: Chapter Four – Site Design and Development Standards,
including Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning
Districts, Section 4.02.08 Outside Lighting Requirements, Section 4.06.02 Buffer
Requirements and Section 4.06.05 General Landscape Requirements, Chapter Five
– Supplemental Standards, adding Section 5.03.07 Permanent Emergency
Generators, and including Section 5.05.05 Facilities with Fuel Pumps, Section
5.06.00 Sign Regulations and Standards by Land Use Classification, and Section
5.06.06 Prohibited Signs; Section Four, Conflict and Severability; Section Five,
Inclusion in the Collier County Land Development Code; and Section Six, Effective
Date. [Coordinator: Jeremy Frantz, AICP, LDC Manager]
B. Noticed
10. New Business
A. Codifying Regularly Approved Deviations
11. Old Business
12. Public Comment
13. Adjourn
02/07/2019
COLLIER COUNTY
Collier County Planning Commission
Item Number: 9.A.1
Item Summary: ***This item has been continued from the January 17, 2019 CCPC meeting***
PL20170004419/CP-2018-1: A Resolution of the Board of County Commissioners proposing
amendment to the Collier County Growth Management Plan, Ordinance 89-05, as amended, specifically
amending the Future Land Use Element and Map Series to add the Livingston Road/Veterans Memorial
Boulevard East Residential Subdistrict to the Urban Mixed-Use District, to allow up to 420 multi family
dwelling units, and furthermore directing transmittal of the amendment to the Florida Department of
Economic Opportunity. The subject property is located on the south side of Veterans-Memorial
Boulevard, just east of Livingston Road, in Section 13, Township 48 South, Range 25 East, Collier
County, Florida, consisting of 35.57± acres. Per the applicant, item continued per CCPC 12/6/2018
meeting. [Transmittal hearing] (Coordinator: Corby Schmidt, AICP, Principal Planner)
Meeting Date: 02/07/2019
Prepared by:
Title: Planner, Senior – Zoning
Name: Marcia R Kendall
01/22/2019 7:52 AM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
01/22/2019 7:52 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Judy Puig Review item Completed 01/24/2019 9:27 AM
Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 01/24/2019 3:11 PM
Growth Management Department David Weeks Additional Reviewer Completed 01/25/2019 9:47 AM
Growth Management Department James C French Review Item Completed 01/29/2019 8:36 PM
Zoning Michael Bosi Review Item Completed 01/30/2019 10:47 AM
Planning Commission Mark Strain Meeting Pending 02/07/2019 9:00 AM
9.A.1
Packet Pg. 4
AGE NDA ITEM 9.A.1
This item was continued from the
January 17, 2019 CCPC meeting.
You have received the complete packet materials
at the January 17, 2019 meeting.
You can also get the full packet from:
http://colliercountyfl.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=1
489&Inline=True
Attached are additional materials.
PL20170004419: A Resolution of the Board of County
Commissioners proposing amendment to the Collier
County Growth Management Plan, Ordinance 89-05, as
amended, specifically amending the Future Land Use
Element and Map Series to add the Livingston
Road/Veterans Memorial Boulevard East Residential
Subdistrict to the Urban Mixed-Use District, to allow up
to 420 multi-family dwelling units, and furthermore
directing transmittal of the amendment to the Florida
Department of Economic Opportunity. The subject
property is located on the south side of Veterans-
Memorial Boulevard, just east of Livingston Road, in
Section 13, Township 48 South, Range 25 East, Collier
County, Florida, consisting of 35.57± acres.
[Coordinator: Corby Schmidt, AICP, Principal Planner]
9.A.1.a
Packet Pg. 5 Attachment: 01-9.A.1-PL20170004419-Livingston Road-Veterans Memorial Blvd.-2-7-2019 meeting-Cover Page-Cont'd item (7810 : Livingston
COLLIER COUNTY
GROWTH MANAGEMENT PLAN
AMENDMENT
2018 CYCLE 1 (FULL SCALE) AMENDMENT
(TRANSMITTAL HEARING)
Project/Petition #PL20170004419/CP-2018-1
CCPC: February 7, 2018 [continued from January 17, 2019 & December 6, 2018]
BCC: February 26, 2018
9.A.1.b
Packet Pg. 6 Attachment: 02-9.A.1-PL20170004419 Livingston_Veterans Memorial East Subdistrict_2-7-19-Cont.item (7810 : Livingston Veterans Memorial
TABLE OF CONTENTS
CCPC February 7, 2018
[continued from January 17, 2019 & December 6, 2018]
2018 Cycle 1 GMP (Full Scale) Amendment
[Transmittal Hearing]
Project #PL20170004419/CP-2018-1
1) TAB: Transmittal Staff Report DOCUMENT: Revised CCPC Staff Report
PL20170004419/CPSP-2018-1
2) TAB: Resolution DOCUMENT: Transmittal Resolution with Exhibit
“A” text (and/or maps):
PL20170004419/CPSP-2018-1
3) TAB: Project PL20170004419/ DOCUMENT: Application/Petition
Petition CPSP-2018-1
4) TAB: Legal Advertisement DOCUMENT: CCPC Advertisement
PL20170004419/CPSP-2018-1
5) TAB: Correspondence DOCUMENT: Petition of Objection (& Emails)
9.A.1.b
Packet Pg. 7 Attachment: 02-9.A.1-PL20170004419 Livingston_Veterans Memorial East Subdistrict_2-7-19-Cont.item (7810 : Livingston Veterans Memorial
02/07/2019
COLLIER COUNTY
Collier County Planning Commission
Item Number: 9.A.2
Item Summary: ***This item has been continued from the January 17, 2019 CCPC meeting.***
An ordinance providing for establishment of a Water Pollution Control and Prevention Ordinance,
providing for repeal of Ordinance No. 87-79, as amended, and Resolution No. 88-311; providing for
inclusion in code of laws and ordinances; providing for conflict and severability; and providing for an
effective date. [Coordinator: Danette Kinaszczuk, Pollution Control Manager]
Meeting Date: 02/07/2019
Prepared by:
Title: Manager - Pollution Control – Capital Project Planning, Impact Fees, and Program Management
Name: Danette Kinaszczuk
01/24/2019 11:08 AM
Submitted by:
Title: Division Director - IF, CPP & PM – Capital Project Planning, Impact Fees, and Program
Management
Name: Amy Patterson
01/24/2019 11:08 AM
Approved By:
Review:
Growth Management Operations & Regulatory Management Judy Puig Review item Completed 01/24/2019 11:15 AM
Zoning Michael Bosi Review item Completed 01/24/2019 5:01 PM
Capital Project Planning, Impact Fees, and Program Management Amy Patterson Additional Reviewer Completed 01/24/2019 8:24 PM
Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 01/25/2019 3:25 PM
Growth Management Department James C French Review Item Skipped 01/29/2019 8:37 PM
Zoning Michael Bosi Review Item Completed 01/30/2019 10:47 AM
Planning Commission Mark Strain Meeting Pending 02/07/2019 9:00 AM
9.A.2
Packet Pg. 8
AGENDA ITEM 9.A.2
This item was continued from the
January 17, 2019 CCPC meeting.
An ordinance providing for establishment of a Water
Pollution Control and Prevention Ordinance, providing
for repeal of Ordinance No. 87-79, as amended, and
Resolution No. 88-311; providing for inclusion in code
of laws and ordinances; providing for conflict and
severability; and providing for an effective date.
[Coordinator: Danette Kinaszczuk, Pollution Control
Manager]
9.A.2.a
Packet Pg. 9 Attachment: 9.A.2-Water Pollution Control & Prevention Ordinance-2-7-2019 meeting-Cover Page-Cont'd item (7848 : Proposed Pollution
Proposed Pollution Control & Prevention Ordinance
01/23/2019
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: POLLUTION CONTROL
GROWTH MANAGEMENT DEPARTMENT
HEARING DATE: February 7, 2019
SUBJECT: PROPOSED POLLUTION CONTROL & PREVENTION ORDINANCE
______________________________________________________________________________
REQUESTED ACTION:
Pollution Control staff requests that the Planning Commission sitting as the Environmental
Advisory Council provide a recommendation of approval to the Board of County Commissioners
for the proposed Pollution Control and Prevention Ordinance, consolidating, repealing and
replacing Ordinance No. 87-79, regarding the Transportation and Disposal of Sludge and repealing
Resolution No. 88-311 regarding fees for sludge transportation and disposal permits. This
proposed ordinance will be in addition to Ordinance No. 89-20, the existing Collier County Water
Pollution Control Ordinance.
Collier County has a Phase II National Pollution Discharge Elimination System (NPDES)
Municipal Separate Storm Sewer System (MS4) Permit. Element Three of Collier County’s
NPDES MS4 permit requires a “regulatory mechanism for the detection and elimination of non -
stormwater discharges.” The January 2015 audit report (Attachment 1) of Collier County’s
NPDES MS4 program by the Florida Department of Environmental Protection (FDEP) indicated
that the existing ordinances used to regulate discharges are insufficient and requires Collier County
to “review existing ordinance and/or develop a new ordinance which defines and prohibits illicit
discharge to the MS4.”
Ordinance No. 87-79 (Attachment 2), Transportation and Disposal of Sludge was adopted to
regulate the transportation and disposal of sludge to ensure that such activities do not endanger
public health or the quality of the waters of the County. In the 31 years since Ordinance No. 87-
79 was adopted; definitions, standards, and federal and state regulations have changed making the
current ordinance outdated and redundant in some aspects. The proposed new ordinance will
update, clarify, and add environmental protections which reflect current regulations, practices, and
the goals of the Pollution Control Program; and protect Collier County’s natural resources.
Ordinance No. 89-20 (Attachment 3), the Collier County Water Pollution Control Ordinance was
adopted to establish and fund a County water pollution control program which focused on sewage
as the primary pollutant. This Ordinance was adopted with a county-wide referendum and allows
the County to levy county-wide up to one-tenth of a mil for a water pollution control program.
9.A.2.b
Packet Pg. 10 Attachment: 01-23-19 Pollution Control Ordinance staff report (7848 : Proposed Pollution Control Ordinance)
Proposed Pollution Control & Prevention Ordinance
01/23/2019
Because of the funding authority, this Ordinance is not proposed for repeal and will be in addition
to the proposed ordinance. In the 29 years since Ordinance 89-20 was adopted; definitions,
standards, and federal and state regulations have changed making the existing ordinance outdated
and ineffective. The proposed new ordinance will reflect current regulations and practices, the
goals of the Pollution Control Program, and protect Collier County’s natural resources.
The proposed ordinance includes:
Additional and updated definitions;
Updated laws and regulations;
Specific language prohibiting illicit discharges;
Requirements for reporting and remediating discharges of pollutants;
Emphasis on pollution prevention through public outreach/education and best management
practices; and
Provisions for enforcement.
Resolution 88-311 (Attachment 4) addressing fees associated with sludge transportation licenses
and disposal permits will be repealed.
The proposed ordinance is Attachment 5.
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
This proposed ordinance is consistent with the goals and objectives of Collier County’s Growth
Management Plan Conservation and Coastal Management Element and the Natural Groundwater
Aquifer Recharge Sub-Element. Additionally, the County’s Watershed Management Plan and the
Floodplain Management Plan support the proposed ordinance.
NEIGHBORHOOD INFORMATION MEETING (NIM):
Although a NIM is not required for adoption of this ordinance, considerable effort was put into
soliciting input from the various stakeholders. Those stakeholders include the regulated
community such as business owners that handle hazardous materials in wellfield protection zones,
biosolids haulers, wastewater treatment plant operators and the members of the Property Owner
Association Presidents, area utilities, Development Services Advisory Committee, as well as the
Florida Department of Health, Florida Department of Environmental Protection, Conservancy of
Southwest Florida, and Big Cypress Basin.
DEVELOPMENT SERVICES ADVISORY COMMITTEE RECOMMENDAITON:
The proposed ordinance was unanimously approved by the Development Services Advisory
Committee (DSAC) on May 2, 2018 with a recommendation that the following language be added
to Article VI, Section 2: “Pre-existing residential permitted properties shall not be required to
implement structural BMPs to existing drainage structures.” Keeping in mind that this section
only applies if permit requirements are not being met or reasonable best management practices
(BMPs) are not being implemented, it is staff’s recommendation to leave the language as written.
9.A.2.b
Packet Pg. 11 Attachment: 01-23-19 Pollution Control Ordinance staff report (7848 : Proposed Pollution Control Ordinance)
Proposed Pollution Control & Prevention Ordinance
01/23/2019
If DSAC’s proposed language was included in the ordinance, all existing residential developments
would be exempt from any potential requirements to implement any structural pollution prevention
BMPs. This will prevent Collier County from being able to address point source pollution flowing
into our stormwater system while still being required to meet state mandated water quality
standards associated with a Basin Management Action Plan.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) REVIEW:
This Ordinance is presented to the EAC in accordance with Sections 2-1193(a), (c) and (j),
which read as follows:
The powers and duties of the EAC are as follows:
(a) Identify, study, evaluate, and provide technical recommendations to the BCC on
programs necessary for the conservation, management, and protection of air, land, and
water resources and environmental quality in the County;
(c) Advise the BCC in developing and revising, as appropriate, local rules, ordinances,
regulations, programs, and other initiatives addressing the use, conservation, and
preservation of the County's natural resources;
(j) Assist in the implementation of any new programs, ordinances, and/or policies adopted
by the BCC which deal with the conservation, management, and protection of air, land,
water, and natural resources and environmental quality in the County;
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney’s Office reviewed this staff report on August 15, 2018.
RECOMMENDATION:
Recommendation that the Planning Commission sitting as the EAC provide a recommendation of
approval to the Board of County Commissioner of the proposed Pollution Control and Prevention
Ordinance, consolidating, repealing and replacing Ordinance No. 87-79, regarding the
Transportation and Disposal of Sludge and repealing Resolution No. 88-311 regarding fees for
sludge transportation and disposal permits.
9.A.2.b
Packet Pg. 12 Attachment: 01-23-19 Pollution Control Ordinance staff report (7848 : Proposed Pollution Control Ordinance)
9.A.2.b
Packet Pg. 13 Attachment: 01-23-19 Pollution Control Ordinance staff report (7848 : Proposed Pollution Control Ordinance)
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
BOB MARTINEZ CENTER
2600 BLAIR STONE ROAD
TALLAHASSEE, FLORIDA 32399-2400
RICK SCOTT
GOVERNOR
CARLOS LOPEZ-CANTERA
LT. GOVERNOR
JONATHAN P. STEVERSON
SECRETARY
February 10, 2015
Leo Ochs, Jr.
County Manager
Collier County
3301 East Tamiami Trail
Naples, FL 34112
Subject: Collier County Phase II Municipal Separate Storm Sewer Systems (MS4)
FLR04E037 Cycle 3 Year 1 Audit Report
Dear Mr. Ochs:
An audit of Collier County Phase II MS4 Stormwater Management Program (SWMP) elements was
conducted by the Florida Department of Environmental Protection (Department), on January 22, 2014
under the State’s federally approved National Pollutant Discharge Elimination System (NPDES)
stormwater program.
Based on the findings in the audit, the Department has determined that Collier County has satisfied
SWMP elements as required by the Generic Permit for Discharge of Stormwater from Phase II Municipal
Separate Storm Sewer Systems (Rule 62-621.300(7)(a), F.A.C.) and as specified in your approved Notice
of Intent (NOI) for coverage under the generic permit. Please note that the findings in the report are
limited to the specific elements of the SWMP that were reviewed during the Audit.
The Department has summarized the associated Required Improvements and Recommendations in the
table below. Anything that is not listed is considered to be sufficient based on the documentation shown
during the audit.
BMP Number BMP Description Required Improvements
Element 3-
Illicit
Discharge
Regulatory
mechanism for the
detection and
elimination of non-
stormwater discharge
Review existing ordinance and/ or develop a new
ordinance which defines and prohibits illicit discharge to
the MS4
Needs Implementation Immediately
Element 6 –
Municipal
Pollution
Prevention and
Good
Housekeeping
Preventing pollutant
runoff from MS4
operator activities
Identify the point of discharge from the wash rack located
at the Municipal Maintenance Yard inspected by the
Department.
Needs Implementation Immediately
9.A.2.c
Packet Pg. 14 Attachment: Attachment 1 January 2015 Audit Report Final (1) (7848 : Proposed Pollution Control Ordinance)
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
BOB MARTINEZ CENTER
2600 BLAIR STONE ROAD
TALLAHASSEE, FLORIDA 32399-2400
RICK SCOTT
GOVERNOR
CARLOS LOPEZ-CANTERA
LT. GOVERNOR
JONATHAN P. STEVERSON
SECRETARY
BMP
Number
BMP Description Recommendations
Element 3 –
Illicit
Discharge
Informing businesses
of hazards associated
with illegal discharges
The County’s outreach program currently addresses Small
Quantity Generators only. The Department suggested to
use the same educational information and insert the
material into the business license application package. This
way the County will address all types of businesses that
have the potential of illegal discharge and improper
disposal of waste.
Element 4 –
Construction
Site Runoff
Regulatory
mechanism for
construction site
runoff
The County should reference the policy that is applicable to
requiring site plans and controls on construction sites.
Element 6 -
Municipal
Pollution
Prevention and
Good
Housekeeping
Preventing pollutant
runoff from MS4
operator activities
The Department suggests the addition of an inspection and
maintenance program for all Municipally own facilities.
Responses to the required improvements above, including a short plan for implementation, are due within
30 days of receipt of this letter. If you have any questions, please do not hesitate to contact me at (850)-
245-7523 or Candace.Richards@dep.state.fl.us. Thank you for doing a great job implementing your
program.
Sincerely,
Candace Richards
MS4 Phase II Coordinator
NPDES Stormwater Program
Cc: Steve Preston, Collier County
Danette Kinaszczuk, Collier County
9.A.2.c
Packet Pg. 15 Attachment: Attachment 1 January 2015 Audit Report Final (1) (7848 : Proposed Pollution Control Ordinance)
9.A.2.d
Packet Pg. 16 Attachment: Attachment 2 Ordinance 87-079 (7848 : Proposed Pollution Control Ordinance)
9.A.2.d
Packet Pg. 17 Attachment: Attachment 2 Ordinance 87-079 (7848 : Proposed Pollution Control Ordinance)
9.A.2.d
Packet Pg. 18 Attachment: Attachment 2 Ordinance 87-079 (7848 : Proposed Pollution Control Ordinance)
9.A.2.d
Packet Pg. 19 Attachment: Attachment 2 Ordinance 87-079 (7848 : Proposed Pollution Control Ordinance)
9.A.2.d
Packet Pg. 20 Attachment: Attachment 2 Ordinance 87-079 (7848 : Proposed Pollution Control Ordinance)
9.A.2.d
Packet Pg. 21 Attachment: Attachment 2 Ordinance 87-079 (7848 : Proposed Pollution Control Ordinance)
9.A.2.d
Packet Pg. 22 Attachment: Attachment 2 Ordinance 87-079 (7848 : Proposed Pollution Control Ordinance)
9.A.2.d
Packet Pg. 23 Attachment: Attachment 2 Ordinance 87-079 (7848 : Proposed Pollution Control Ordinance)
9.A.2.d
Packet Pg. 24 Attachment: Attachment 2 Ordinance 87-079 (7848 : Proposed Pollution Control Ordinance)
9.A.2.d
Packet Pg. 25 Attachment: Attachment 2 Ordinance 87-079 (7848 : Proposed Pollution Control Ordinance)
9.A.2.d
Packet Pg. 26 Attachment: Attachment 2 Ordinance 87-079 (7848 : Proposed Pollution Control Ordinance)
9.A.2.d
Packet Pg. 27 Attachment: Attachment 2 Ordinance 87-079 (7848 : Proposed Pollution Control Ordinance)
9.A.2.e
Packet Pg. 28 Attachment: Attachment 3 Ordinance 89-020 (7848 : Proposed Pollution Control Ordinance)
9.A.2.e
Packet Pg. 29 Attachment: Attachment 3 Ordinance 89-020 (7848 : Proposed Pollution Control Ordinance)
9.A.2.e
Packet Pg. 30 Attachment: Attachment 3 Ordinance 89-020 (7848 : Proposed Pollution Control Ordinance)
9.A.2.e
Packet Pg. 31 Attachment: Attachment 3 Ordinance 89-020 (7848 : Proposed Pollution Control Ordinance)
9.A.2.f
Packet Pg. 32 Attachment: Attachment 4 Resolution 88-311 (7848 : Proposed Pollution Control Ordinance)
9.A.2.f
Packet Pg. 33 Attachment: Attachment 4 Resolution 88-311 (7848 : Proposed Pollution Control Ordinance)
[16-POL-00068/1455770/1]
12/21/201801/22/19
Page 1 of 2019
ORDINANCE NO. 2019-____
AN ORDINANCE PROVIDING FOR ESTABLISHMENT OF A
WATER POLLUTION CONTROL AND PREVENTION
ORDINANCE, PROVIDING FOR REPEAL OF ORDINANCE NO.
87-79, AS AMENDED, AND RESOLUTION NO. 88-311;
PROVIDING FOR INCLUSION IN CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Article VIII of the Constitution of Florida authorizes Florida counties to
exercise broad home rule powers; and
WHEREAS, Section 125.01(1), F.S., provides that the legislative and governing body of a
county shall have the power to carry on county government and that said power includes, but is
not restricted to, a number of powers set forth in Section 125.01, so long as any powers exercised
are not inconsistent with general or special laws; and
WHEREAS, Section 125.01(1)(t), F.S., provides that a county may adopt ordinances and
resolutions necessary for the exercise of its powers and prescribe fines and penalties for the
violation of ordinances in accordance with law; and
WHEREAS, Sections 125.01(3)(a) and (b), F.S., recognize that the enumeration of powers
in Section 125.01(1), F.S., incorporates all implied powers necessary or incident to carry out those
powers and that Section 125.01, F.S., shall be liberally construed in order to effectively carry out
the purpose of the section and to secure for counties the broad exercise of home rule powers
authorized by the State Constitution; and
WHEREAS in 1984 in order to establish a pollution control program, Collier County
approved the levy of one-tenth of a mill, and in 1988 in order to protect Collier County’s water
resources for all pollutants, Collier County approved a county-wide referendum that maintained
the county-wide millage of one-tenth of a mill as described in Ordinance No. 89-20; and
WHEREAS, pursuant to Chapter 403, F.S. and its authority in Section 125.01, F.S., the
Board enacted Ordinance No. 87-79, as amended, Transportation and Disposal of Sludge, and 89-
20, Collier County Water Pollution Control Ordinance; and
WHEREAS, the Board desires to consolidate, supplement, and amend these Ordinances
and enhance their enforcement.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Collier County adopts the
following ordinance:
9.A.2.g
Packet Pg. 34 Attachment: Attachment 5 Pollution Control Ord Red Lined for CCPC 02-07-19 CAO Reviewed (7848 : Proposed Pollution Control Ordinance)
[16-POL-00068/1455770/1]
12/21/201801/22/19
Page 2 of 2019
Article I. GENERAL
Section 1: Title and Citation
This Ordinance shall be known as and may be cited as "The Collier County Water Pollution
Control and Prevention Ordinance.”
Section 2: Findings
The Board of County Commissioners hereby makes the following findings:
A. It is necessary to regulate activities that have the potential to create hazards or public
nuisances, pollute or otherwise adversely affect the quality of groundwater, surface waters,
or other natural resources of Collier County; and those activities are defined herein;
B. The Board recognizes that Collier County and its residents rely on groundwater and surface
water for drinking water supplies and that certain land uses can contaminate ground and
surface water;
C. Thirty-three percent of Collier County’s surface waterbodies currently are verified as
impaired by the Florida Department of Environmental Protection (FDEP);
D. Total Maximum Daily Loads have been assigned by FDEP. The Board recognizes it is in
Collier County’s best interest to prevent further degradation of our waterbodies and water
supplies;
E. Collier County has a Phase II National Pollution Discharge Elimination System
Stormwater (MS4) Permit. Collier County’s MS4 permit and Chapter 62-624 F.A.C.
require a regulatory mechanism for the detection and elimination of non-stormwater
discharges;
F. Because Private Stormwater Management Systems generally outfall to Collier County’s or
a municipality’s MS4 and therefore affect the MS4’s water quality, it is in the best interest
of Collier County to regulate the water quality discharging from those private systems.
G. Collier County is an area that depends on tourist’s dollars and the quality of Collier
County’s water and other natural resources directly impacts Collier County’s economic
sustainability and growth;
H. In 1984, in order to establish a pollution control program, Collier County approved the levy
of one-tenth of a mill after a County-wide referendum, and in 1988 in order to protect
Collier County’s water resources from all pollutants, the residents of Collier County
approved the maintenance of the millage of one-tenth of a mill by County-wide referendum
as described in Ordinance No. 89-20;
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I. Section 163.3177(6)(d)2.b. F.S. requires local governments through their Growth
Management Plans “to protect the quality and quantity of current and projected water
sources and waters that flow into estuarine waters or oceanic waters and protect from
activities and land uses known to affect adversely the quality and quantity of identified
water resources.”
J. Section 403.182 F.S. allows local governments to adopt Ordinances relating to local
pollution control programs that are “stricter or more extensive than those imposed by this
Act [the Florida Air and Water Pollution Control Act in Section 403.011, et seq. F.S.].”
K. This ordinance supports goals and objectives of the Drainage Sub-Element and the Natural
Groundwater Aquifer Recharge Sub-Element, of the Conservation and Coastal
Management Element of the Collier County Growth Management Plan, the Watershed
Management Plan, and the Floodplain Management Plan.
Section 3: Intent
It is the intent of Collier County to allow for growth while protecting, preserving, and
restoring our groundwater, surface waters, and other natural resources through monitoring,
pollution prevention, education, and restoration programs.
Section 4: Applicability
The provisions of this Ordinance shall apply to, and be enforced in, the unincorporated
areas of Collier County. This Ordinance shall apply to, and be enforced in, any municipalities
within Collier County that agree by resolution of the governing body of the municipality to have
this Ordinance apply and be enforced in the municipality.
Section 5: Definitions
For purposes of this Ordinance, the definitions contained in this section shall apply unless
otherwise specifically stated. Words used in the p resent tense include the future tense, words in
the plural number include the singular, and words in the singular include the plural. The words
“shall,” “will,” or “must” are always mandatory and not merely discretionary.
Basin Management Action Plan or BMAP shall be defined per Section 62-40.210 F.A.C., as it
may be amended from time to time, which means the document that sets forth the activities,
schedule, and funding sources by which point and nonpoint dischargers will reduce pollutants
discharged to impaired waters and meet the Total Maximum Daily Load established for those
waters.
Best Management Practices or BMPs shall be defined as structural and non-structural schedules
of activities, prohibitions of practices, general good housekeeping practices, pollution prevention
and educational practices, maintenance procedures, and other practices to prevent or reduce
pollution.
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Biosolids shall be defined per Chapter 62-640 F.A.C., as it may be amended from time to time,
which means the solid, semisolid, or liquid residue generated during the treatment of Domestic
Wastewater in a domestic Wastewater Treatment Facility, formerly known as “domestic
wastewater residuals” or “residuals.” Not included is the treated effluent or reclaimed water from
a domestic Wastewater Treatment Plant. Also not included are solids removed from pump stations
and lift stations, screenings and grit removed from the preliminary treatment components of
domestic Wastewater Treatment Facilities, other solids as defined in subsection 62-640.200(31),
F.A.C., and ash generated during the incineration of biosolids. Biosolids include products and
treated material from biosolids treatment facilities and Septage Management Facilities regulated
by the Department. [FDEP].
Biosolids Management Facility shall be defined per Chapter 62-640 F.A.C., as it may be
amended from time to time, which means a Biosolids Treatment Facility, a Septage Management
Facility regulated by the Department [FDEP], or an application site.
Biosolids Treatment Facility shall be defined per Chapter 62-640 F.A.C., as it may be amended
from time to time, which means a facility that treats Biosolids from other facilities for the purpose
of meeting the requirements of this chapter, before use or land application. Biosolids treatment
facilities can also treat domestic Septage and combinations of Biosolids, domestic Septage, food
establishment Sludges, wastes removed from portable toilets, and wastes removed from holding
tanks associated with boats, marinas, and onsite Sewage treatment and disposal systems, before
use or land application.
Closely Regulated Facilities shall be defined as those facilities or property regulated by the
provisions of this Ordinance or any FDEP rule cited herein.
Collection/Transmission Systems shall be defined per Section 62-604.200 F.A.C., as it may be
amended from time to time, which means sewers, pipelines, conduits, pumping stations, force
mains, and all other facilities used for collection and transmission of wastewater from individual
service connections to facilities intended for the purpose of providing treatment prior to release to
the environment.
Collier County Municipal Separate Storm Sewer System or CCMS4 shall be defined as the
MS4 owned, operated, and maintained by Collier County.
Commercial shall be defined as property devoted in whole or part to commerce, that is, the
exchange and buying and selling of commodities or services.
Commercial Sewage Waste shall be defined per Section 64E-6.002 F.A.C, as it may be amended
from time to time, which means non-toxic, non-hazardous Wastewater from Commercial facilities.
Examples of establishments included in this definition are Commercial and institutional food
operations, Commercial laundry facilities with no more than 4 machines, and animal holding
facilities.
Construction Activity shall be defined as activities resulting in land development or
redevelopment including but not limited to clearing and grubbing, grading, excavating, and
demolition in any zoning district.
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Discharge shall be defined as any spilling, leaking, seeping, pouring, pumping, emitting,
emptying, or dumping of a Pollutant.
Domestic Wastewater shall be defined per Section 62-604.200 F.A.C., as it may be amended
from time to time, which means Wastewater derived principally from dwellings, business
buildings, institutions, and the like, commonly referred to as sanitary Wastewater or Sewage.
When Industrial Wastewater is combined with domestic Wastewater for treatment, determination
of whether the treatment plant is designated as domestic shall be in accordance with the definition
of domestic Wastewater provided in Rule 62-600.200, F.A.C.
EPA shall be defined as the United States Environmental Protection Agency or its successor.
FDEP shall be defined as the Florida Department of Environmental Protection or its successor.
Flow Through Stormwater Management Systems shall be defined as the portion of an otherwise
publicly owned Stormwater Management System that passes through and serves a privately owned
area and which the care and maintenance of that portion is the responsibility of a private entity.
Groundwater shall be defined per Section 62-40.210 F.A.C., as it may be amended from time to
time, which means the water beneath the surface of the ground, whether or not flowing through
known and definite channels.
Hazardous Substance shall be defined per Chapter Section 403.703, F.S., as it may be amended
from time to time, which means any substance that is defined as a hazardous substance in the United
States Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 94
Stat. 2767.
Hazardous Waste shall be defined per Chapter Section 403.703, F.S., as it may be amended from
time to time, which means solid waste, or a combination of solid wastes, which, because of its
quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or
significantly contribute to, an increase in mortality or an increase in serious irreversible or
incapacitating reversible illness or may pose a substantial present or potential hazard to human
health or the environment when improperly transported, disposed of, stored, treated, or otherwise
managed. The term does not include human remains that are disposed of by persons licensed under
chapter 497, F.S.
Illicit Discharge shall be defined as substances not composed entirely of Stormwater that may
directly or indirectly enter a Stormwater Management System or Waters of the State, except as
exempted in Article II, Section 2 and Article III, Section 3.
Illicit Connection shall be defined as any physical connection, actual or potential flow discharge,
or other condition that could allow non-Stormwater to enter a Stormwater Management System
whether on the surface or subsurface. Regardless of whether the illicit connection had been
previously allowed, permitted, or approved by an authorized enforcement agency or, any drain or
conveyance connected from a Commercial or Industrial land use to the stormwater system which
has not been documented in plans, maps, or equivalent records and approved by an authorized
enforcement agency.
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Impaired Water shall be defined per Section 62-40.210 F.A.C., as it may be amended from time
to time, which means a water body or water body segment that does not meet one or more of its
designated uses due in whole or in part to Discharges of Pollutants, and has been listed as impaired
by order of the Secretary in accordance with the procedures set forth in Chapter 62-303, F.A.C.
Industrial shall be defined as a business engaged in industrial production or service, that is, a
business characterized by manufacturing or productive enterprise or a related service business.
Inspector means an individual designated by the Collier County Manager or his/her designee to
administer and enforce this Ordinance.
Municipal Separate Storm Sewer System or MS4 shall be defined as a publicly owned
stormwater management system that consists of conveyances including roads with drainage
systems, detention ponds, retention ponds, catch basins, curbs, gutters, ditches, man-made
channels, or storm drains designed or used for collecting, storing, treating, and/or conveying
Stormwater.
National Pollutant Discharge Elimination System (NPDES) Storm water Permit shall be
defined as a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC §
1342(b)) that regulates Stormwater.
Nonpoint Source Pollution shall be defined as pollution from any source other than from any
discernible, confined, and discrete conveyances, and shall include, but not be limited to, Pollutants
from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources
such as fertilizer.
Onsite Sewage Treatment and Disposal System Transportation Permit or OSTDSTP shall be
defined as a permit issued by the State of Florida, Department of Health that gives approval to a
person to transport liquid waste associated with food operations, domestic Wastewater, or
domestic Septage within the boundaries of the State of Florida.
Person shall be defined as any individual, association, organization, partnership, firm, joint
venture, corporation or other entity recognized by law and acting as either the owner or as the
owner's agent.
Person Responsible for Site Rehabilitation or PRSR shall be defined as the real property owner,
the facility owner, the facility operator, the discharger, or other person or entity responsible for
site rehabilitation.
Pollutant shall be defined as a substance that alters the chemical, physical, biological, thermal
and/or radiological integrity of soil, stormwater, groundwater or Surface Water. Anything which
causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes,
and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard
wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and
accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides,
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nutrients, and fertilizers; Hazardous Substances and Wastes; Wastewater, Sewage, Septage,
grease, portable toilet, and holding tank wastes, Biosolids, and pathogens; sediment; dissolved and
particulate metals; animal wastes; wastes and residues that result from constructing a building or
structure; and noxious or offensive matter of any kind. Treated reclaimed water is not considered
a pollutant.
Private Stormwater Management System or Private SMS shall be defined as a Stormwater
Management S ystem owned by a non-public entity or individual.
Reasonable Assurance Plan or RAP shall be defined as a waterbody restoration program that
ensures water quality standards will be restored as referenced in Chapter 62-306 F.A.C.
Residential shall be defined as real property that is zoned for residential use including single
family, multi-family and mobile home units., excluding property owned by property owner’s
associations.
Person Responsible for Site Rehabilitation or PRSR shall be defined as the real property owner,
the facility owner, the facility operator, the discharger, or other person or entity responsible for
site rehabilitation.
Septage shall be defined per Chapter 62-640 F.A.C., as it may be amended from time to time,
which means a mixture of Sludge, fatty materials, human feces, and Wastewater removed during
pumping of an onsite Sewage treatment and disposal system. Excluded from this definition are
the contents of portable toilets, holding tanks, and grease interceptors.
Septage Management Facility shall be defined per Chapter 62-640 F.A.C., as it may be amended
from time to time, which means a stationary facility that treats only domestic Septage or
combinations of domestic Septage, food establishment Sludges, wastes removed from portable
toilets, and wastes removed from holding tanks associated with boats, marinas, and onsite Sewage
treatment and disposal systems, before use or land application.
Sewage shall be defined as Domestic Wastewater and/or Commercial Sewage Waste.
Site Specific Alternative Criteria or s or SSAC shall be defined as a water quality criterion
developed for a particular waterbody or segment of a waterbody, designed to more accurately
reflect site specific conditions, and adopted by FDEP.
Sludge shall be defined per Chapter 403.703, F.S., as it may be amended from time to time, which
means includes the accumulated solids, residues, and precipitates generated as a result of waste
treatment or processing, including Wastewater treatment, water supply treatment, or operation of
an air pollution control facility, and mixed liquids and solids pump ed from septic tanks, grease
traps, privies, or similar waste disposal appurtenances.
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Stormwater shall be defined per Section 62-40.210 F.A.C., as it may be amended from time to
time, which means the water that results from a rainfall event.
Stormwater Management shall be defined as the use of structural or non-structural practices that
are designed to reduce Stormwater runoff pollutant loads, discharge volumes, and/or peak flow
discharge rates.
Stormwater Management System or SMS shall be defined as either or both of the public or
privately owned systems of conveyances including roads with drainage systems, detention ponds,
retention ponds, catch basins, curbs, gutters, ditches, man-made channels, or storm drains designed
or used for collecting, storing, treating, and/or conveying Stormwater.
Surface Water shall be defined per Section 373.019, F.S., as it may be amended from time to
time, which means water upon the surface of the earth, whether contained in bounds created
naturally or artificially or diffused. Water from natural springs shall be classified as surface
water when it exits from the spring onto the earth’s surface.
Total Maximum Daily Load or TMDL shall be defined per Section 403.031, F.S., as it may be
amended from time to time, which means the sum of the individual wasteload allocations for point
sources and the load allocations for nonpoint sources and natural background. Prior to determining
individual wasteload allocations and load allocations, the maximum amount of a Pollutant that a
water body or water segment can assimilate from all sources without exceeding water quality
standards must first be calculated.
Transporter shall be defined as a person or business that transports Sewage, Septage, grease, or
Biosolids within Collier County. Transporters include those licensed by Collier County and those
permitted by the Florida Department of Health.
Transportation License or TL shall be defined as a license issued by Collier County that gives
approval to transport Sewage, Septage, grease, or Biosolids within the boundaries of Collier
County.
Wastewater Treatment Facility shall be defined as a Type I, Type II or Type III Wastewater
Treatment Facility as described in Section 62-600.200 F.A.C.
Wastewater shall be defined per Section 62-604.200 F.A.C., which means the combination of
liquid and water-carried Pollutants from residences, Commercial buildings, Industrial plants, and
institutions together with any groundwater, surface runoff or leachate that may be present.
Section 5: Acronyms
BMAP- Basin Management Action Plan
BMPs- Best Management Practices
CCMS4- Collier County Municipal Separate Storm Sewer System
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CCWSD- Collier County Water-Sewer District
EPA- United States Environmental Protection Agency
F.A.C. - Florida Administrative Code
FDEP- Florida Department of Environmental Protection
F.S. - Florida Statute
LDC- Land Development Code
MS4- Municipal Separate Storm Sewer System
NPDES- National Pollutant Discharge Elimination System
OSTDSTP- Onsite Sewage Treatment and Disposal System Transportation Permit
PRSR- Person Responsible for Site Rehabilitation
SMS- Stormwater Management System
SSAC- Site Specific Alternative Criteria
TL- Transportation License
TMDL- Total Maximum Daily Load
Article II. GENERAL POLLUTION CONTROL AND PREVENTION
Section 1: Prohibitions
Discharge of Pollutants is prohibited. It shall be unlawful for any Person or governmental entity
to Discharge or cause to be Discharged, Pollutants into any Surface Water, canal, bay, lagoon,
estuary, or other waterway, lake, pond, drainage ditch, groundwater, wetland, onto the ground, or
into a Stormwater Management System (SMS).
Section 2: Exemptions
A. Herbicide application in a manner compliant with Best Management Practices (BMPs),
label instructions, and by a licensed applicator for treatment of algae or aquatic plants in
lakes, ponds, or drainage ditches shall not be considered a Pollutant Discharge.
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B. Fertilizer application in a manner compliant with local ordinances, BMPs, label
instructions, and per FDEP’s Green Industries BMPs, in areas that are not in or upstream
of Impaired Waterbodies or otherwise regulated waterbodies.
C. A Pollutant Discharge resulting from the wash down of a motor vehicle accident scene, if
ordered by the incident commander to ensure public safety, shall not be considered a
Pollutant Discharge. However, the wastes from the wash down need to be disposed of
properly by the Person Responsible for Site Rehabilitation (PRSR).
D. A sheen resulting from minimal discharge of fuel or lubricating oil from the accidental
sinking or foundering of a small vessel, provided the PRSR undertakes or arranges for
salvage within 1 hour of knowledge of the incident.
E. Aquifer recharge projectsStormwater harvesting for reuse or aquifer recharge consisting of
rainwater, treated Stormwater or reclaimed water are not considered Pollutant Discharges.
F. Treated wastewater or reclaimed water applications permitted by FDEP.
E.G. Grass or plant clippings mulched back into vegetated areas such as a lawn or grass
clippings from swale mowing that are left in a swale.
Section 3: Requirements to Prevent, Control, and Reduce Pollutants by the Use of Best
Management Practices.
The owner or operator of a Commercial or Industrial facility/activity or owner of Residential
property shall provide, at their own expense, reasonable protection from accidental Discharge of
Pollutants or other wastes into the environment through the use of structural and non-structural
BMPs. Further, any owner or operator responsible for a property or premises, which is the source
of an Illicit Discharge, may be required by Collier County to implement additional structural and
non-structural BMPs to prevent the further Discharge of Pollutants.
Article III. POLLUTION PREVENTION AND MAINTENANCE OF STORMWATER
MANAGEMENT SYSTEMS
Section 1: All Activities
A. Any Discharge into the Collier County Municipal Separate Storm Sewer System shall meet
all applicable local and state water quality standards, TMDLs, BMAPs, and SSAC. The
County may require more restrictive quality standards in certain areas dependent on the
water quality of downstream water bodies.
B. Every Person owning property with a Private SMS or with a Flow Through SMS shall
maintain the SMS, including structures, as permitted; and free of debris, excessive
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vegetation, sediment, obstacles or anything that would pollute, contaminate, or
significantly retard the flow of water through the Private SMS.
Section 2: Prohibitions
A. Illicit Connections are prohibited.
1. The construction, use, maintenance or continued existence of Illicit Connections to
a SMS shall be prohibited.
2. This prohibition expressly includes, without limitation, Illicit Connections made in
the past, regardless of whether the connection was permissible under law or
practices applicable or prevailing at the time of connection.
3. A Person shall be in violation of this ordinance if the person or business connects
a line conveying any substance, other than rainwater, to a SMS, or allows such a
connection to continue.
4. A Person shall be in violation if the Illicit Connection is re-established without the
prior approval of Collier County.
B. Suspension due to Illicit Discharges
1. Emergency Situations. Collier County may, without prior notice, order the
immediate termination or suspension of any activity if it presents an imminent and
substantial danger to health and safety, the environment or a SMS. If the violator
fails to comply with a suspension order issued in an emergency, the local
governmental entity or enforcement agency with jurisdiction as determined by the
local governmental entity or enforcement agency may take such steps as deemed
necessary to prevent or minimize damage to the environment or to minimize danger
to Persons.
Section 3: Exemptions
The following are exempt from this Article:
1. Discharges specified in writing by a governmental agency with jurisdiction as being
necessary to protect public health and safety such as utility injection wells.
2. Dye testing after written notification to the authorized enforcement agency.
3. Any non-Stormwater Discharge permitted under a NPDES permit, waiver, or waste
discharge order issued to the discharger and administered under the authority of the
EPA, provided that the discharger is in full compliance with all requirements of the
permit, waiver, or order and other applicable laws and regulations, and provided
that written approval has been granted by the EPA for any Discharge to the SMS.
4. The following discharges, provided it does not cause a violation of water quality
standards: neutralized potable or reclaimed water line flushing; diverted stream
flows; rising ground water; ground water infiltration to storm drains;
uncontaminated pumped ground water; foundation or footing drains (not including
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active Groundwater dewatering systems); crawl space pumps; air conditioning
condensation; springs; non-commercial washing of vehicles or boats using non-
toxic, non-hazardous, biodegradable, phosphate free cleaners; natural riparian
habitat or wetland flows; neutralized swimming pools or pool overflow from
properly functioning systems; uncontaminated roof runoff; firefighting activities;
and any other water source not containing Pollutants. After the County reasonably
determines there is a violation, iIt is the responsibility of the discharger to prove
the Discharge does not contain Pollutants.
Section 4: Proof of Compliance with Permit
A. Any Person subject to a NPDES Stormwater discharge permit shall provide proof of
compliance with said permit upon request in a form acceptable to Collier County prior to
the allowing of Discharges to the MS4 and at anytime thereafter.
Article IV. SEWAGE, SEPTAGE, GREASE, BIOSOLIDS, AND TRANSPORTATION
OF THOSE MATERIALS
Section 1: Prohibitions
A. It shall be unlawful for any Person to transport Sewage, Septage, grease, or Biosolids
without first having obtained a Transportation License (TL) for vehicles and trailers unless
exempt under Article IV, Section 2 of this Ordinance. Rental vehicles and trailers are
required to be licensed.
B. It shall be unlawful for any Person to accept or process Sewage, Septage, grease, or
Biosolids regardless of amount without first having obtained permits, and/or applicable
development orders, from the state regulatory agency and Collier County, or providing
proof of exemption.
C. Biosolids.
1. It shall be unlawful to dispose of Biosolids anywhere other than a facility
approved by federal, state and local regulations.
2. It shall be unlawful for any Person to operate, modify, or expand any Biosolids
Management Facility or Biosolids Treatment Facility in Collier County without
first having obtained a valid permit from FDEP.
Section 2: Exemptions
A. If a Transporter currently possesses a valid Onsite Sewage Treatment and Disposal System
Transportation Permit (OSTDSTP), then Collier County waives the TL requirement. The
Transporter must furnish a copy of their OSTDSTP to Collier County within 10 days of
request by Collier County. Transportation within Collier County must cease immediately
upon revocation of an OSTDSTP.
B. Transportation vehicles or trailers that are utilized in a declared state of emergency are
exempted from the TL requirement. However, vehicles or trailers used during a declared
state of emergency must be water tight.
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C. Persons that transport four cubic yards or less per one-way trip of a dewatered Sewage,
Septage, grease, or Biosolids material are exempted from the TL requirement if the material
is being hauled to a Class I landfill.
D. Class AA Biosolids are exempt from Article IV.
Section 3: Transportation License
A. An applicant shall submit an application for a TL through Collier County.
B. A TL may be issued by Collier County after the applicant has demonstrated that all of the
following requirements are met:
1. Signed application, notarized statement, occupational license and monthly reports
from the previous 12 months, if applicable, have been received and approved by
Collier County.
2. Passing a vehicle or trailer inspection conducted by Collier County staff, to verify
compliance with Sections 4.A. 1 and 2 of this Article. This inspection shall be
scheduled by the applicant, conducted prior to material being hauled, and may be
required to be conducted within the boundaries of Collier County.
3. The vehicle or trailer displays the applicant’s name, telephone number in at least
three inch high letters and assigned TL numbers on the driver’s side, passenger side,
and rear of the vehicle.
4. After the application is deemed complete and approved by Collier County, Collier
County shall issue the license and may deliver it to applicant by electronic
transmission such as email.
Section 4: Transportation License Conditions
A. The licensee shall be subject to the following conditions for the duration of the TL:
1. All vehicles and trailers used to transport Sewage, Septage, grease, or Biosolids
shall be maintained so that they remain product tight and do not spill or leak. The
vehicles or trailers shall have a functional tarp or top.
2. The licensee’s name, TL number, and telephone number shall be displayed in at
least three inch high letters on the driver’s side, passenger side, and rear of the
vehicle.
3. All licensees will maintain accurate daily records of the amounts of Sewage,
Septage, grease, and Biosolids transported on a daily basis and submit these reports
to Collier County. Failure to submit monthly reports by the 15th of the following
month may result in license revocation.
4. The TL shall be valid for 12 months, and requires annual renewal and inspection in
accordance with Section 3.
5. Any licensee who Discharges anywhere within the boundaries of Collier County,
shall immediately report the Discharge to Collier County.
6. Penalties for operating in Collier County without a TL are described in Article VIII,
Section 5.
7. The licensee shall give written notice to Collier County within 5 business days of
any changes to the information submitted in the application package.
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8. Failure to meet any of the above conditions shall result in TL revocation for up to
12 months.
Section 5: Annual License Fee
There will be no fee associated with the TL.
Section 6: Otherwise Unpermitted Sewage Facilities
This section is for those facilities that receive or process Sewage, Septage, grease, portable toilet,
and holding tank wastes, and/or Biosolids that are not required to obtain a permit or have been
exempted by a state regulatory authority.
A. Facilities not permitted by a state agency must have a pre-treatment permit if within the
Collier County Water-Sewer District (CCWSD) and if the facility Discharges to the
CCWSD Collections System.
B. Collier County shall have the right to enter these facilities with reasonable notice for the
purpose of determining compliance.
Article V. WASTEWATER TREATMENT FACILITIES AND PRIVATELY OWNED
SEWAGE COLLECTION AND TRANSMISSION SYSTEMS
Section 1: Wastewater Treatment Facilities and Associated Collections/Transmission
Systems
Wastewater treatment plants are permitted and regulated by FDEP. With the exception of Collier
County facilities, Pollution Control may inspect Wastewater treatment plants and report the
findings to the FDEP.
Section 2: Private Sewage Collection and Transmission Systems
Septic systems are not considered private Sewage Collection and Transmission Systems.
A. Private Sewage Collection and Transmission Systems, including but not limited to lateral
lines, clean outs, and lift stations, must be maintained so that backups and sanitary sewer
overflows do not occur.
B. All private lift station wells must be locked or the entire private lift station must be fenced
and locked.
C. The owner of private Sewage Collection and Transmission Systems must have a
maintenance agreement with a licensed contractor that responds twenty-four hours per day,
seven days per week, three hundred and sixty five days per year.
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D. The maintenance contractor’s name and contact information must be posted on all private
lift stations and reported to Collier County Pollution Control within five business days if
the contractor or contact information changes.
Article VI. WATER QUALITY EVALUATION AND MONITORING
Section 1: Water Quality Monitoring
A. Groundwater: Collier County will select, evaluate and refine a network of Groundwater
monitoring sites. Collier County Pollution Control shall collect groundwater samples and
evaluate Groundwater data.
B. Surface Water: Collier County will select, evaluate and refine a monitoring network of
Surface Water sites that best represent the ambient conditions within the unincorporated
areas that do not fall under state jurisdiction. Collier County shall collect Surface Water
samples and evaluate Surface Water data.
C. Collier County may perform water quality monitoring within any municipality within
Collier County that agrees by resolution under Article 1, Section 4, and that agrees to pay
Collier County for the cost of monitoring within the municipality. At its discretion, Collier
County may perform water quality monitoring on any property for any Person that agrees
to pay Collier County for the cost of monitoring on said property.
Section 2: Monitoring of Stormwater Discharges
This section applies to all facilities that have Stormwater discharges associated with Industrial,
Commercial, Residential, or Construction Activity and will become effective if permit
requirements are not being met or reasonable BMPs are not being implemented.
If a Private SMS discharges to the CCMS4 that is declared impaired by FDEP or is upstream of
an Impaired Waterbody, or the downstream waterbody has an adopted TMDL, Reasonable
Assurance Plan, BMAP, or SSAC, the discharger may be required to monitor the water at the
relevant outfall at the County’s discretion to determine if the discharger is meeting the established
criteria and not causing any further impairment. Further, the discharger may be required to reduce
the Pollutant load being Discharged to the greatest extent possible, from the Private SMS to the
CCMS4.
Article VII. WATER SUPPLY WELLS
Section 1: General
Well construction is regulated under Collier County Code of Laws and Ordinances Chapter 90
Natural Resources. Failure to comply with Chapter 90 Natural Resources shall be a violation of
this ordinance.
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Section 2: Public Water Supply Wells
Public water supplies are regulated by Collier County Land Development Code Section 3.06.00
Groundwater Protection, as amended. Failure to comply with LDC Section 3.06.00 shall be a
violation of this ordinance.
Section 3: Private Water Supply Wells
To protect Residential private wells and those wells in proximity, Discharges of Pollutants
onto the ground and into Groundwater or Surface Waters are prohibited.
Article VIII. RIGHT TO ENTER, ENFORCEMENT AND FEES
Section 1: Authority to Enter and Inspect
A. Right of inspection. This Section provides an adequate substitute for notice by limiting the
place, time and scope of inspections. Inspections of Closely Regulated Facilities may take
place without prior notice during normal business hours as defined below for the purpose
of determining compliance with pollution regulations. Inspections of Closely Regu lated
Facilities may take place outside normal business hours; however, access would be granted
by the owner or by legal authorization.
1. It shall constitute a violation of this Section to hamper or interfere with an Inspector’s
official duties.
2. Inspectors shall identify themselves as Collier County Inspectors to owners, operators,
or designated representative(s) present during the inspection.
3. Inspection reports: Inspectors shall record relevant field observations. Upon request,
copies of inspection reports and/or results of laboratory analyses for samples collected
by an Inspector may be sent to the owner or operator.
4. Inspection of Closely Regulated Facilities:
a. Inspectors are authorized to inspect Closely Regulated Facilities at any time
between 8:00 a.m. and 5:00 p.m., Monday through Friday, without prior notice
for the purpose of determining compliance with this Section and other
ordinances, regulations, and permit requirements that govern pollution. The
Inspector may inspect the premises and all devices, contrivances, processes, or
operations relevant to the Discharge of Pollutants to Surface Water,
Groundwater, the ground surface or Stormwater.
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b. Inspection of Closely Regulated Facilities may be made at times other than
those described in subsection A.4.a of this section, with the owners’ or
operator’s permission or legal authorization.
c. Inspections shall be made for the purpose of determining compliance with this
Ordinance, and FDEP or Collier County permits and permit conditions, and
consent orders and BMPs. The scope of all compliance inspections shall be
limited to these purposes.
d. Failure to provide access: Failure of an owner or operator of a Closely
Regulated Facility to provide the County Manager or his/her designee with
immediate access to the facility shall be a violation of this Ordinance.
5. Inspection warrants. At times other than specified in this Section, and at facilities and
other properties that do not require permits and are not otherwise closely regulated,
inspection can be made by consent or by means otherwise available by law. If consent
is denied, Inspectors may obtain an inspection warrant pursuant to Florida Statutes.
6. Search warrants. If statutory grounds exist, or if there is probabl e cause to suspect a
criminal violation, Inspectors may contact the appropriate law enforcement personnel
to obtain a search warrant and may aid the officer, if required pursuant to Florida
Statutes.
B. Compliance testing
1. Inspectors shall be authorized to obtain sample(s) or conduct test(s) or order owners or
operators to obtain sample(s) or conduct test(s) to determine compliance with this
article.
2.
3. The responsibility to provide adequate sampling locations shall rest upon the owner of
the premises.
4.1.
5.2.All compliance testing shall be conducted in accordance with Chapter 62-160, F.A.C.,
which defines quality assurance and quality control activities.
C. Operating records required
1. A Person responsible for the operation of any facility that may be a source of Discharge
of Pollutants, shall conduct such tests and maintain such records as prescribed by the
County Manager or his/her designee to give evidence that any discharges are in
compliance with this Ordinance. Such test data and records shall include the
monitoring data available unless otherwise specified in writing by the County Manager
or his/her designee. Such test data and operating records shall be available at all times
for inspection by the County Manager or his/her designee, and reports that contain these
records and data shall be filed with the County Manager or his/her designee upon
request.
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2. Copies of all records that are required to be maintained at the facility by FDEP
regulation, EPA regulation, or County ordinance shall be available for inspection at all
times.
D. Corrective actions and documentation. Parties responsible for violations of this Ordinance
shall take corrective actions to return the property to compliance within the timeframe
specified by the County Manager or his/her designee and provide records documenting
actions as directed by the County Manager or his/her designee. Failure to provide records
or documentation directed pursuant to this this Ordinance is a violation of this article.
E. Temporary disconnection of water service. The County Manager or his/her designee is
authorized to order the water purveyor to cease water service to a connection where
continued water service will allow an Illicit Discharge to continue unabated by the
responsible party or party occupying a subject property. This action is only authorized to
abate a situation that poses a risk to public health, safety, and welfare as determined by the
County Manager or his/her designee, such as Sewage, Septage, or septic tank system
discharge in areas of public access, or where the water service is to a Commercial or
Industrial business or facility, with the exception of a medical service facility. The property
owner or responsible party shall commence mitigation, as approved by the County
Manager or his/her designee, of the Illicit Discharge within one hour of notification by the
County Manager or his/her designee. When the Illicit Discharge remains unmitigated, the
water purveyor shall, within one hour of notification by the County Manager or his/her
designee, discontinue such water service. The water purveyor shall, within one hour of
notification by the County Manager or his/her designee, reinstate water service, provided
the purveyor has no cause to withhold service. The water customer shall be responsible
for any fees for the disconnection or resumption of water service charged by the water
purveyor.
Section 2: Remediation
A. Any Discharge of Pollutants must be reported to Collier County Pollution Control and, if
applicable, to the state regulatory agency.
B. Any Discharge of Pollutants must be remediated by the PRSR.
C. The PRSR shall take action to ensure no reoccurrence, including but not limited to,
implementing additional or amending BMPs.
D. Ongoing or intermittent pollution that causes one-time pollution at a level less than the soil
or water cleanup target levels or Surface Water quality standards set forth in Chapter 62-
777 F.A.C. Contaminant Cleanup Target Levels; Chapter 62-780 F.A.C. Contaminated
Site Cleanup Criteria; and Chapter 62-302 F.A.C. Surface Water Quality Standards or in
TMDLs, BMAPs or SSAC, shall be analyzed on a case by case basis to determine if it is
causing a cumulative pollution problem. This determination shall be made by Collier
County using the best available science. If it is determined that a cumulative pollution
problem exists, the PRSR shall be required to cease discharging and remediate affected
areas.
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E. PRSR failure to clean up and/or prevent pollution is a violation of this ordinance. Collier
County has the right but not the duty to contract for remediation and bill the PRSR ,
provided the County gives the PRSR 3 days prior written notice to commence clean up and
the PRSR fails to do so.
Section 3: Fees
Any associated fees are in accordance with the Land Development Code, Growth Management
Department Fee Schedule and the Collier County Water-Sewer District’s rate resolutions.
Section 4: Compliance with State and Federal Permits
The issuance of a license in accordance with the provisions of this Ordinance is not intended to
preclude the right or authority of any other State or Federal agency from requiring separate permits
in accordance with rules and regulations of that agency. In a case where multiple permits are
required, the most stringent stipulations and requirements of each permit shall govern the work
permitted under this Ordinance.
Section 5: Penalties
If any person, firm or corporation, whether public or private, or other entity fails or refuses to obey
or comply with or violates any of the provisions of this Ordinance, such person, firm, corporation
or other entity, upon conviction of such offense, shall be guilty of a misdemeanor and shall be
punished by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed
Sixty (60) days in the County Jail, or both, in the discretion of the court. Each violation or non -
compliance shall be considered a separate and distinct offense. Further, each day of continued
violation or non-compliance shall be considered as a separate offense.
Nothing herein contained shall prevent or restrict the County from taking such other lawful action
in any court of competent jurisdiction as is necessary to prevent or remedy any violation or con-
compliance. Such other lawful actions shall include, but shall not be limited to, an equitable action
for injunctive relief or an action at law for damages. Further, nothing i n this Section shall be
construed to prohibit the County from prosecuting any violation of this Ordinance by means of a
Code Enforcement Board or Special Magistrate established pursuant to the authority of Chapter
162, F.S. and Ordinance No. 2010-4.
All remedies and penalties provided for in this Section shall be cumulative and independently
available to the County and the County shall be authorized to pursue any and all remedies set forth
in this Section to the full extent allowed by law.
SECTION TWO: REPEAL OF ORDINANCES NO. 87-79, AS AMENDED AND
RESOLUTION NO. 88-311
Collier County Ordinance No. 87-79, Transportation and Disposal of Sludge, and all amendments
thereto and Resolution No 88-311, establishing fees, are hereby repealed in their entirety.
9.A.2.g
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SECTION THREE: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: INCLUSION IN CODE OF LAWS AND ORDINANCES
This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier
County, Florida. The sections of the Ordinance may be renumbered or relettered to
accomplish that result, and the word "Ordinance" may be changed to "Section", "Article",
or any other appropriate word.
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Secretary of the Department of
State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, on this the _____ day of ______________, 2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL KINZEL, CLERK COLLIER COUNTY, FLORIDA
__________________________ BY:_________________________________
, Deputy Clerk , Chairman
Approved as to form and legality:
__________________________
Heidi Ashton-Cicko
Managing Assistant County Attorney
9.A.2.g
Packet Pg. 53 Attachment: Attachment 5 Pollution Control Ord Red Lined for CCPC 02-07-19 CAO Reviewed (7848 : Proposed Pollution Control Ordinance)
Assessment and Cleanup
Small Spill Scenario (<25 gallons)
SPILL CHARACTERISTICS SIMPLE COMPLEX
(hand excavation-simple) (equipment excavation-complex)$150.00 $1,000.00
Transportation and disposal of contaminated media $175.00 $1,500.00
Analytical Sampling (if required)$250.00 $1,250.00
Project Management and Reporting (if necessary) $500.00 $1,000.00
TOTAL POTENTIAL COSTS $1,075.00 $4,750.00
Medium Spill Scenario (25-100 gallons)
SPILL CHARACTERISTICS SIMPLE COMPLEX
(hand excavation-simple) (equipment excavation-complex)$600.00 $4,000.00
Transportation and disposal of contaminated media $700.00 $6,000.00
Analytical Sampling (if required)$1,250.00 $2,500.00
Project Management and Reporting (if necessary) $1,000.00 $2,000.00
TOTAL POTENTIAL COSTS $3,550.00 $14,500.00
Large Spill Scenario (>100 gallons)
SPILL CHARACTERISTICS SIMPLE COMPLEX
(hand excavation-simple) (equipment excavation-complex)$2,500.00 $15,000.00
Transportation and disposal of contaminated media $5,000.00 $15,000.00
Analytical Sampling (if required)$3,000.00 $10,000.00
Project Management and Reporting (if necessary) $2,500.00 $10,000.00
TOTAL OTHER ASSETS $13,000.00 $50,000.00
LABORATORY TEST ANALYTICAL METHOD COST
Agricultural Facilities
8 - RCRA Metals 200.7 / 7470 $84.50
Organochlorine Pesticides 8081 $85.00
Organophosphorus Pesticides 8141 $100.00
Herbicides 8151 $125.00
$394.50
Petroleum Storage / Distribution Facilities
BTEX+MTBE 8260 $50.00
PAHs 8270 $110.00
TRPHs FL-Pro $70.00
$230.00
VOCs 8260 $100.00
SVOCs 8270 $155.00
TRPHs FL-Pro $70.00
8 - RCRA Metals 200.7 / 7470 $38.00
$363.00
Kjeldahl nitrogen - total 351.2 $19.00
Ammonia as N 350.1 $11.00
Chlorophyll SM10200H $32.00
Nitrate as N 353.2 $9.00
Nitrite as N 353.2 $9.00
Phosphorus total 365.4 $20.00
Dissolved oxygen --$32.13
$132.13
Copper 200.7 $8.00
$8.00
Enterococci 1600 $11.14
Total Coliforms/Escherichia coli (P/A) 1604 $7.87
DNA --$100.00
$119.01
Pet Waste Stations $140.00 each
Adaptive Pond Management Site Specific
Lessen Fertilizer Application Saves Money on Fertilizer
Florida Friendly Landscaping Site Specific
Table 1 - Potential Costs
Best Management Practices
Water Quality Monitoring and Laboratory Analysis
Automotive Maintenance / Repair
Nutrient Impairment
Copper Impairment
Bacterial Impairment
9.A.2.h
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02/07/2019
COLLIER COUNTY
Collier County Planning Commission
Item Number: 9.A.3
Item Summary: LDC Amendments - An Ordinance of the Board of County Commissioners of
Collier County, Florida, Amending Ordinance Number 04-41, as amended, the Collier County Land
Development Code, which includes the comprehensive land regulations for the unincorporated area of
Collier County, Florida, to add outdoor lighting limitations on single family dwellings, two family
dwellings and duplex dwellings; to provide standards for tree replacement and tree removal in shopping
centers; to allow additional pricing signage for facilities with fuel pumps and allow electronic message
boards for price signage; to add standards and requirements for permanent emergency generators for
single family and two family dwellings; by providing for: Section One, Recitals; Section Two, Findings
of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically
amending the following: Chapter Four – Site Design and Development Standards, including Section
4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, Section 4.02.08 Outside
Lighting Requirements, Section 4.06.02 Buffer Requirements and Section 4.06.05 General Landscape
Requirements, Chapter Five – Supplemental Standards, adding Section 5.03.07 Permanent Emergency
Generators, and including Section 5.05.05 Facilities with Fuel Pumps, Section 5.06.00 Sign Regulations
and Standards by Land Use Classification, and Section 5.06.06 Prohibited Signs; Section Four, Conflict
and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six,
Effective Date. [Coordinator: Jeremy Frantz, AICP, LDC Manager]
Meeting Date: 02/07/2019
Prepared by:
Title: Planner, Senior – Zoning
Name: Jeremy Frantz
01/22/2019 4:41 PM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
01/22/2019 4:41 PM
Approved By:
Review:
Zoning Ray Bellows Review Item Completed 01/22/2019 4:47 PM
Zoning Michael Bosi Review item Completed 01/23/2019 9:37 AM
Growth Management Operations & Regulatory Management Judy Puig Review item Completed 01/24/2019 9:26 AM
Zoning Camden Smith Review Item Completed 01/24/2019 10:22 AM
Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 01/24/2019 3:09 PM
Growth Management Department James C French Review Item Completed 01/29/2019 8:32 PM
Zoning Michael Bosi Review Item Completed 01/30/2019 10:45 AM
Planning Commission Mark Strain Meeting Pending 02/07/2019 9:00 AM
9.A.3
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20180003486
SUMMARY OF AMENDMENT
This amendment introduces a new section to address the placement and
location of residential permanent emergency generators for single-family
and two-family dwelling units. The amendment establishes locational
criteria to property lines, another generator, ancillary fuel tanks, window
openings to a dwelling, and when necessary the installation of carbon
monoxide detectors.
LDC SECTIONS TO BE AMENDED
4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts
5.03.07 Permanent Emergency Generators (New Section)
ORIGIN
Board of County
Commissioners
HEARING DATES
BCC - TBD
CCPC 2/7/19
DSAC 2/6/19
DSAC-LDR 12/18/18
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approved with recommendations
DSAC
TBD
CCPC
TBD
7
BACKGROUND
After Hurricane Irma, all of the County’s 270,000 customers served by Florida Power and Light had
power outages. There has been a significant increase of County residents installing various residential
permanent emergency generators as a means of resiliency against power outage events. Many building
permit applications have been rejected due to setback requirements, lacking a detailed location plan, or
insufficient information. The majority of permits issued have been for 20 and 22 kilowatt generators
which represent 77.2% of the total permits and 89.5% are 30 kilowatts or less. (See Exhibit A).
On June 26, 2018, the Board directed staff to proceed with an amendment to increase flexibility for the
placement of emergency generators on residential parcels or lots. Staff reviewed common
manufacturers’ recommended minimum surrounding clearances from walls, fences and landscaping (See
Exhibit B), standards in other communities (See Exhibit C), and other guidelines. Staff also worked
with industry professionals to better understand common constraints and potential safety issues.
The amendment provides additional flexibility for generator placement by establishing minimum
setbacks from property lines that vary depending on the required yard sizes. These setbacks are based
on the majority of generators being placed within three to four feet from the exterior house’s wall. Four
out of five common manufacturer’s installation guidelines would be able to meet placement within four
feet of the house wall (see Exhibit B- yellow highlight).
The amendment also addresses potential health, safety and welfare associated with adding permanent
generators in close proximity to homes by requiring minimum distances between generators and
mechancial air intake equipment, compliance with manufacturer’s specifications, concurrent review of
applicable building permits and providing design standards consistent with the Florida’s building,
mechanical, electrical, plumbing, fuel and gas codes.
9.A.3.a
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A scaled illustration of the proposed 10 feet separation standard between generators is shown in Exhibit
D along with photos of installed generators taken from West Coast Generators’s website. Additionally,
the exhibit identifies two generator permits that have been rejected, one in a side yard setback of 6.0’
and the other 7.5’. To meet manufacturer’s locational specifications and current LDC code requirement,
these generators exceeded the current standard by 11 inches and 8 inches.
The DSAC-LDR subcommittee accepted staff’s textual changes and made the following
recommendations:
· Revise the words or term “permanent emergency generators” to “optional standby generators” to
relate to the Florida Building and National Electrical Code’s use of the term. Report back at the
full DSAC meeting, if the County Attorney’s Office or Building Manager has a reason not to
change the term.
· Require screening when the generator’s placement is in the front yard, on a waterfront or preserve
lot.
· Increase the setback to road right-of-ways from two feet to five feet.
· Require a five feet setback from waterfront or preserve lots.
· Modify the Table to alleviate possible confusion with a required setback for a side yard.
The proposed text incorporates the subcommittee’s recommendations. After consulting with the County
Attorney’s Office, the title “ permanent emergency generators” does not require a change to address the
Florida Building or National Electrical Code definitions and use of the term “optional standby
generators”.
FISCAL & OPERATIONAL IMPACTS
There are no fiscal or operational impacts with
this amendment to the County. When applicable,
the homeowner’s added costs are to screen a
generator, install carbon monoxide detectors,
extend an exhaust outlet and acquire a spot
survey.
GMP CONSISTENCY
Based upon staff’s analysis, the amendment is
consistent with the GMP. (See Exhibit E)
EXHIBITS: A) Permanent Generator Permits Issued or Rejected; B) Manufacturer’s Surrounding
Clearances; C) Other Florida Communities Research; D) Illustrations; E) GMP Consistency Review
9.A.3.a
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Amend the LDC as follows:
4.02.01 - Dimensional Standards for Principal Uses in Base Zoning Districts 1
2
* * * * * * * * * * * * * 3
4
D. Exemptions and exclusions from design standards. 5
6
* * * * * * * * * * * * * 7
8
13. Permanent emergency generators may be placed within the rear yard with a 10-9
foot rear yard setback. Permanent emergency generators may encroach into side 10
yards up to 36 inches. Generators are not permitted to encroach into required front 11
yards. For single-family and two-family dwelling units, see LDC section 5.03.07 for 12
exceptions and requirements. Above-ground fuel tanks for the generators are 13
subject to the same setbacks; however, underground tanks are not subject to 14
setback requirements. In order to reduce noise during required routine exercising 15
of the generators, this exercising is restricted to operating the generator for no 16
more than 30 minutes weekly during the hours of 9:00 a.m. to 5:00 p.m. and shall 17
not exceed sound level limits for Manufacturing and Industrial uses as set forth in 18
Ordinance 90-17, the Noise Ordinance, as amended. All permanent emergency 19
generators must be equipped with sound attenuating housing to reduce noise. 20
21
# # # # # # # # # # # # # 22
23
5.03.07 - Permanent Emergency Generators 24
25
A. Purpose and Intent. It is the purpose of this section to protect the public health and safety 26
of homeowners from the risks associated with combustion engines and the entry of carbon 27
monoxide gas to a dwelling unit. It is the intent to improve the resiliency of homeowners 28
who seek shelter at home during periods of electrical power outages. 29
30
B. Applicability. Permanent emergency generators for single-family and two-family dwellings 31
shall be permitted as an accessory use and located in accordance with LDC section 32
5.03.07 Table 1. 33
34
C. Standards and Requirements. 35
36
1. Permanent emergency generators shall adhere to all generator manufacturer’s 37
locational specifications and applicable federal, state, and local code 38
requirements. The manufacturer’s locational specifications shall be concurrently 39
reviewed with the applicable electrical, structural, mechanical, gas piping, and 40
storage tank permits. 41
42
2. Submittals. At a minimum, the applicant’s site plan shall indicate the location and 43
dimension of the proposed generator, generator exhaust direction and permanent 44
fuel tank(s) in proximity to the dwelling unit and lot line. The site plan shall be 45
provided with the building permit application. 46
47
3. Location and Distances. Permanent emergency generators may be located in the 48
required front, side and rear yard setback in accordance with the following Table 49
9.A.3.a
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1. All distance setback and separation requirements shall be measured from the 1
most restrictive of the generator’s enclosure or exhaust outlet and adhere to the 2
following: 3
4
a. When located underneath the dwelling unit, the exhaust outlet shall be 5
vented outside of the dwelling unit above the roof line. 6
7
b. Generators may be allowed in the front yard, at a distance no greater than 8
six feet from the dwelling unit in zoning districts with 35 feet front yard 9
setback or greater and shall require a vegetative screen. 10
11
c. Generators located in the rear yard with a waterfront or preserve lot shall 12
require a vegetative screen. 13
14
d. Generators elevated 30 inches or more above the general ground level of 15
the graded lot, including the supporting structure, shall be set back the 16
same as the principal structure for the zoning district. 17
18
TABLE 1 Generator Setback and Separation Standards (feet) 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
4. Carbon Monoxide Detector. If any exterior wall openings are within 10 feet of the 46
generator’s exhaust outlet, at least one carbon monoxide detector shall be installed 47
inside the structure near the exterior wall openings and on each floor level. 48
49
5. Generator Noise and Testing. Generator noise and routine testing shall be in 50
compliance with LDC section 4.02.1 D.13. 51
Side Yard
Setback Distance to Lot Line
5 or Less 1
Greater Than 5 and
Up To 7.5
2
Greater Than 7.5
and Up To 20
4
20 or greater 10
Rear Yard
7.5 or Less
5
Greater Than 7.5
10 waterfront lot
5 non-waterfront or
preserve lot
Separation
Distance to Road Right-Of-Way 5
Between Mechanical Air Intake
Equipment or Other Generator
10
Distance from Windows, Soffit
Vent, Eaves, Other Mechanical
Air Intake To the Dwelling,
Shrubs and Trees
5
Distance from Gas and
Electrical Meters
3
9.A.3.a
Packet Pg. 59 Attachment: 4.02.01 & 5.03.07 Residential Permanent Emergency Generators 1-22-19 [Revision 1] (7746 : Batch LDC Amendments)
DRAFT Text underlined is new text to be added
Text strikethrough is current text to be deleted
5
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1
D. Additional Requirements for Diesel and Gasoline Engines. Notwithstanding the foregoing, 2
diesel or gasoline powered generators shall be set back a minimum of 15 feet from any 3
lot line. 4
5
# # # # # # # # # # # # # 6
9.A.3.a
Packet Pg. 60 Attachment: 4.02.01 & 5.03.07 Residential Permanent Emergency Generators 1-22-19 [Revision 1] (7746 : Batch LDC Amendments)
Exhibit A – Permanent Generator Permits Issued or Rejected
6
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19.docx
Generator
KW Size
2017 Yr.
Ending
2018
thru July 5 Total
Permits
2017 Total
thru KW 30
2018 Total
thru KW 30
Total
Combined
% of all
permits
7.5 1 0 1
8 1 0 1
11 1 0 1
12 1 3 4
14 0 1 1
15 1 0 1
16 3 5 8
19.5 1 0 1
20 62 119 181 34.6
22 88 135 223 42.6
23 0 0 0
24 4 5 9
25 1 4 5
27 7 5 12
30 8 12 20 179 289 468 89.5
32 3 5 8
36 1 2 3
38 5 9 14
40 0 4 4
45 2 0 2
48 9 8 17
60 2 3 5
80 1 0 1
100 0 1 1
Totals 202 321 523
Missing size information, rejected
or lacking other information
78
9.A.3.a
Packet Pg. 61 Attachment: 4.02.01 & 5.03.07 Residential Permanent Emergency Generators 1-22-19 [Revision 1] (7746 : Batch LDC Amendments)
Exhibit B – Manufacturers’ Surrounding Clearances
7
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19.docx
Generator Manufacturer
14 to 30 KW
Briggs/Stratton
17 /20 -25
Air-Liquid
Cooled
Champion
14
Air
Cooled
Kohler
Res14/20
Air
Cooled
Kohler
RCL24
Liquid
Cooled
Generac
16/20/22
Air
Cooled
Generac
22/25/30
Liquid
Cooled
Generac
22/27
Spark
Ignited
Cummins
RS22
Air
Cooled
Dimension Width 34”-30” 30.1” 26.2” 32.9 “ 25” 30.6” 29” 34”
Clearances
Exhaust
Outlet
5’ 5’ 4’ 8’ 5’
Overhead 5’ 5’ 5’
Shrubs 5’ 4’
SWRI-Rated
18”
18”
18” 1 Hour- Fire
Rated
17.7” 3’
Non-Rated 5’
Total Clearance and Width (Inches)
Encroachment
SWRI-Rated 52-48 44.2 50.9 43 48.6 47 52
Fire Rated 52-48 47.8 62.2 68.9 61 66.6 65 70
Non-Rated 94-90 90.1 86.2 92.9 85 90.6 89 94
Exhibit Based on Generac’s Site Selection Installation Guidelines
9.A.3.a
Packet Pg. 62 Attachment: 4.02.01 & 5.03.07 Residential Permanent Emergency Generators 1-22-19 [Revision 1] (7746 : Batch LDC Amendments)
Exhibit C – Other Florida Communities Research
8
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19.docx
Community
Setbacks
Zoning Districts Side Rear Distance to Property Line (PL)
County
Brevard1 All Residential 4’ into required side and rear yard.
Not Addressed (N/A)
Miami-Dade2
Residential Urban 3’ 5’
Residential Estates 5’ 5’
Orange3 All Residential 10’ 5’ or rear ½ of lot or parcel
Palm Beach4
Single-Family 3’ 5’
Zero lot line 5’
Sarasota
All districts except
Siesta Key Overlay
District (SKOD)
Exempt from setback requirements when
located at above ground level or elevated
due to FEMA elevation requirements.
No closer than 3’
SKOD Same as side yard setback.
City
Boca Raton
All Residential
Districts
Anywhere within side or rear yard.
N/A
Boynton Beach5
3’ plus 1 foot for every 1 foot above height
of 6 feet but not greater than the
minimum principal structure setback.
Key Biscayne6 Single-Family and
Two-Family
5’
Lighthouse Point7
All Residential
Districts
5’ Not allowed. 5’
Naples Same as principal structure (SPS).
N/A North Miami8 5’ 5’ or 15’ from rear street
PL.
Ocean Ridge SPS 5’
Marco Island 4’ into required side or rear yard. N/A
Miami Springs Anywhere within side or rear yard.
Town of Palm
Beach
5’ 5’ 5’
Palmetto Bay9 5’ 5’ N/A
Plantation10 2.5’ from side or rear property line and 7.5’ from sidewalk, bikeway, or street
right-of-way lines.
Redington Beach Anywhere within side or rear yard. N/A
Sanibel Anywhere within side or rear yard. 10’
South Miami 12.5’ 12.5’ 12.5’
Footnotes and Additional Criteria:
1- Encroachment is not subject to separation distances between structures.
2- 10’ setback from street property line.
3- 15’ setback from side street.
4- Encroachment is limited to 10% of setback requirement and generators less than 4’ in height.
5- Not allowed in front yard or corner side yard unless approved by administrative adjustment and no other on-site
location is feasible or there is a finding the location and use or design of the abutting property would not have
negative impact.
6- None in a yard facing any street. Propane gas tanks – 5 feet to side property line, limited to 500 gallons above ground and
1,000 gallons underground.
7- If not 5 feet from property line, then generator must be placed lengthwise and 1 foot from building.
8- 15’ from rear street property line.
9- 10’ from rear street.
10- Generators above 5.5’ height must comply with same setback as principal structure.
9.A.3.a
Packet Pg. 63 Attachment: 4.02.01 & 5.03.07 Residential Permanent Emergency Generators 1-22-19 [Revision 1] (7746 : Batch LDC Amendments)
Exhibit D – Illustrations
9
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19.docx
9.A.3.a
Packet Pg. 64 Attachment: 4.02.01 & 5.03.07 Residential Permanent Emergency Generators 1-22-19 [Revision 1] (7746 : Batch LDC Amendments)
Exhibit D – Illustrations
10
L:\LDC Amendments\Current Work\Rich\Generators Setback\Drafts\Residential Permanent Emergency Generators DSAC-LDR Revisions 1-22-
19.docx
9.A.3.a
Packet Pg. 65 Attachment: 4.02.01 & 5.03.07 Residential Permanent Emergency Generators 1-22-19 [Revision 1] (7746 : Batch LDC Amendments)
Exhibit D – Illustrations
11
L:\LDC Amendments\Current Work\Rich\Generators Setback\Drafts\Residential Permanent Emergency Generators DSAC-LDR Revisions 1-22-
19.docx
9.A.3.a
Packet Pg. 66 Attachment: 4.02.01 & 5.03.07 Residential Permanent Emergency Generators 1-22-19 [Revision 1] (7746 : Batch LDC Amendments)
Exhibit E- GMP Consistency Review
12
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9.A.3.a
Packet Pg. 67 Attachment: 4.02.01 & 5.03.07 Residential Permanent Emergency Generators 1-22-19 [Revision 1] (7746 : Batch LDC Amendments)
1
HenderlongRichard
From:Francesca Passidomo <fpassidomo@cyklawfirm.com>
Sent:Wednesday, January 16, 2019 8:32 AM
To:HenderlongRichard
Cc:Dianna Quintanilla; Richard Yovanovich
Subject:RE: Variance Waiver
Richard, we submitted a variance to allow a permanent emergency generator to encroach into a side yard. The property
is located in the RSF-1 District (Pine Ridge Estates), which requires 30’ from side property boundaries for all structures
with a permitted 3’ encroachment for generators under the general regulations. The proposed location of the generator
is 23.7’ from the side yard, in excess of the current permitted exception by 3.3’.
I understand that there are pending changes to the code related to this issue. May you provide me with some details –
timing of implementation, scope of the change, likelihood of success, etc.? We’ll obviously avoid the variance process if
the proposed location of the generator will be compliant through the code change.
Since we’ve already submitted, I would appreciate some guidance as soon as you can get to it. Thank you.
Both Francesca Passidomo and Coleman, Yovanovich & Koester, P.A., intend that this message be used exclusively by the addressee(s). This message may contain
information that is privileged, confidential, and exempt from disclosure under applicable law. Unauthorized disclosure or use of this information is strictly prohibited. If
you have received this communication in error, please permanently dispose of the original message and notify Francesca Passidomo immediately at
fpassidomo@cyklawfirm.com or call (239) 435-3535. Thank you.
From: BellowsRay [mailto:Ray.Bellows@colliercountyfl.gov]
Sent: Tuesday, January 15, 2019 4:06 PM
To: PaulRenald <Renald.Paul@colliercountyfl.gov>; HenderlongRichard <Richard.Henderlong@colliercountyfl.gov>
Cc: Francesca Passidomo <fpassidomo@cyklawfirm.com>
Subject: Variance Waiver
Hi Francesca,
As we discussed today, I have approved your waiver request from holding a pre-app for the
variance application for a residential emergency generator. I have also copied Rich
Henderlong to see if he can provide you a copy of the proposed LDC amendment to adopt
new emergency generator standards.
FRANCESCA PASSIDOMO, Esq.
The Northern Trust Building
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
P: 239.435.3535
F: 239.435.1218 fpassidomo@cyklawfirm.com
Visit cyklawfirm.com to learn more about us.
9.A.3.b
Packet Pg. 68 Attachment: Public Comment - Various emails to Staff and BCC [Revision 1] (7746 : Batch LDC Amendments)
2
Ray
Raymond V. Bellows, Zoning Manager
Zoning Division - Zoning Services Section
Growth Management Department
Telephone: 239.252.2463; Fax: 239.252.6350
Exceeding expectations, every day!
Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvqT.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
9.A.3.b
Packet Pg. 69 Attachment: Public Comment - Various emails to Staff and BCC [Revision 1] (7746 : Batch LDC Amendments)
1
HenderlongRichard
From:Alexis Crespo <Alexis.Crespo@waldropengineering.com>
Sent:Thursday, December 20, 2018 3:21 PM
To:BellowsRay; HenderlongRichard; KellyJohn
Cc:Lindsay Robin; Jeremy H. Arnold
Subject:RE: Residential Permanent Emergency Generators
Thanks, Ray. The client will wait on the LDC amendment to be finalized. Do we need to do anything further in CityView
to cancel the pre-app request?
Alexis V. Crespo, AICP, LEED AP
Vice President of Planning
Direct: E: alexisc@waldropengineering.com | C: (239) 850-8525
Office: P: (239) 405-7777 | F: (239) 405-7899
www.waldropengineering.com
NOTICE: Upon receipt of any electronic file/data from Waldrop Engineering, P.A., you are agreeing to the following: This file/data is for informational purposes
only. It is the responsibility of the recipient to reconcile this electronic file/data with the actual project site conditions. Recipient agrees to indemnify and hold
harmless Waldrop Engineering, P.A. for any defects or errors in this file/data.
From: BellowsRay <Ray.Bellows@colliercountyfl.gov>
Sent: Thursday, December 20, 2018 9:00 AM
To: Alexis Crespo <Alexis.Crespo@waldropengineering.com>; HenderlongRichard
<Richard.Henderlong@colliercountyfl.gov>; KellyJohn <John.Kelly@colliercountyfl.gov>
Cc: Lindsay Robin <Lindsay.Robin@waldropengineering.com>; Jeremy H. Arnold
<Jeremy.Arnold@waldropengineering.com>
Subject: RE: Residential Permanent Emergency Generators
Hi Alexis,
If your client wishes to proceed before to the County’s LDC amendment, then they can submit a
variance application that will be presented to the HEX. I believe staff can support any variance that
is consistent with the proposed new standards. However, if the property is located within a PUD
zoning district, another option would be to add a generator setback standard similar to the County’s
new proposed standards to apply to all lots within the PUD. Both application types have a similar
processing timeline.
Please let me know if I can be of any other assistance.
Ray
Raymond V. Bellows, Zoning Manager
Zoning Division - Zoning Services Section
Growth Management Department
Telephone: 239.252.2463; Fax: 239.252.6350
9.A.3.b
Packet Pg. 70 Attachment: Public Comment - Various emails to Staff and BCC [Revision 1] (7746 : Batch LDC Amendments)
2
Exceeding expectations, every day!
Tell us how we are doing by taking our Zoning Division Survey at https://goo.gl/eXjvqT.
From: Alexis Crespo <Alexis.Crespo@waldropengineering.com>
Sent: Thursday, December 20, 2018 6:44 AM
To: HenderlongRichard <Richard.Henderlong@colliercountyfl.gov>; KellyJohn <John.Kelly@colliercountyfl.gov>
Cc: BellowsRay <Ray.Bellows@colliercountyfl.gov>; Lindsay Robin <Lindsay.Robin@waldropengineering.com>; Jeremy H.
Arnold <Jeremy.Arnold@waldropengineering.com>
Subject: RE: Residential Permanent Emergency Generators
Thanks, John.
When we had checked on this item before it was almost a year ago and we received similar comments that the
amendment is in process. Our client needs to resolve this for the project in order to sell homes, and we could get a PDI
completed before this goes to BCC based on what John has outlined below.
Ray – we don’t want to submit something staff won’t support. It appears staff would not have an issue with the nature
of the request, since it is consistent with the county-initiated amendment. Can you advise on this?
We need to lay out all the options to our client, but know they will be frustrated that the amendment is still pending
with no firm end date in sight.
And we completely understand the county is processing a lot of amendments, so my comments are not meant in a
negative light towards staff. Just need to push this forward.
Thanks for your attention to this.
Alexis V. Crespo, AICP, LEED AP
Vice President of Planning
Direct: E: alexisc@waldropengineering.com | C: (239) 850-8525
Office: P: (239) 405-7777 | F: (239) 405-7899
www.waldropengineering.com
NOTICE: Upon receipt of any electronic file/data from Waldrop Engineering, P.A., you are agreeing to the following: This file/data is for informational purposes
only. It is the responsibility of the recipient to reconcile this electronic file/data with the actual project site conditions. Recipient agrees to indemnify and hold
harmless Waldrop Engineering, P.A. for any defects or errors in this file/data.
From: HenderlongRichard <Richard.Henderlong@colliercountyfl.gov>
Sent: Wednesday, December 19, 2018 1:46 PM
To: KellyJohn <John.Kelly@colliercountyfl.gov>
Cc: BellowsRay <Ray.Bellows@colliercountyfl.gov>; Lindsay Robin <Lindsay.Robin@waldropengineering.com>; Alexis
9.A.3.b
Packet Pg. 71 Attachment: Public Comment - Various emails to Staff and BCC [Revision 1] (7746 : Batch LDC Amendments)
1
HenderlongRichard
From:jeff@westcoastgenerators.com
Sent:Thursday, December 13, 2018 8:29 AM
To:HenderlongRichard
Subject:RE: Agenda item 7. A. Residential Permanent Emergency Generators DSAC-LDR Meeting
12-18-18
Good morning,
The proposed amendment is up for adoption on the 18th and could take effect on the 19th?
I like the proposed plan and thank you for send me the information. Greatly appreciated!
Sincerely,
Jeff Rymer
West Coast Generators
239-566-1769
www.westcoastgenerators.com
SW Florida's only Platinum Kohler Dealership since 2006
From: HenderlongRichard <Richard.Henderlong@colliercountyfl.gov>
Sent: Wednesday, December 12, 2018 10:50 AM
To: HenderlongRichard <Richard.Henderlong@colliercountyfl.gov>
Cc: FrantzJeremy <Jeremy.Frantz@colliercountyfl.gov>
Subject: Agenda item 7. A. Residential Permanent Emergency Generators DSAC-LDR Meeting 12-18-18
Dear Community Member,
The Development Services Advisory Committee- Land Development Review Subcommittee will meet on Tuesday,
December 18, 2018 at 2:00 PM to review the attached land development code amendment for the placement of
residential permanent emergency generators. This amendment is listed as item 7.A on the attached agenda and here is
a link to the County’s webpage on upcoming meetings for all LDC amendments where you can find the complete
meeting materials.
www.colliercountyfl.gov/publicmtgs
We encourage all who are interested to join us. If you are unable to attend, please feel free to provide comments or
questions via email to Jeremy Frantz at Jeremey.Frantz@CollierCountyFl.gov or
Richard.Henderlong@CollierCountyFL.gov.
Richard P. Henderlong
Principal Planner
Land Development Code Section
Collier County Growth Management Department
2800 N. Horseshoe Dr., Naples, FL 34104
9.A.3.b
Packet Pg. 72 Attachment: Public Comment - Various emails to Staff and BCC [Revision 1] (7746 : Batch LDC Amendments)
1
HenderlongRichard
From:Tim Enders <enderstim@icloud.com>
Sent:Wednesday, November 28, 2018 2:02 PM
To:HenderlongRichard
Subject:Proposed Property line set back changes for fixed generators.
Hello Mr. Henderlong ,I apologize if I may have confused you with my email request on 11-15-18. If I may, let me try
again and articulate a little bit better on what it is I need. As you may or may not remember I am very interested in the
requested property line set back change pertaining to permanent residential generators. Information needed as follows.
(1) approximate time frame for this set back request approval.
(2) ( if ) this set back change is granted when do you think approximately I may tentatively start with my generator
installation.The instal is based on this set back approval.
Richard if you need any more information from me PLEASE call me at 239-596-2626
Thank You Tim Enders.
9.A.3.b
Packet Pg. 73 Attachment: Public Comment - Various emails to Staff and BCC [Revision 1] (7746 : Batch LDC Amendments)
1
HenderlongRichard
From:Steve Naples Generator <steve@naplesgenerator.com>
Sent:Wednesday, August 08, 2018 4:54 PM
To:FrantzJeremy; HenderlongRichard; AuclairClaudine
Cc:Permit; Sales
Subject:LDC Amendment for generators (residential)
I am reaching out to you to verify that we are scheduled for the next meeting and see what we can do to help you help
us with this matter.
Our objectif is to be able to install automatic standby generators within the setback more than 36”, to be allow to match
exiting equipment such as ACs and pool equipment.
Generator are as quiet as ACs or other equipment.
With automatic standby power home owners can stay home before, during and after the storm so no needs for them to
go to County’s shelters.
I would also like to see how we can invite some of our home owner to come speak to the commissioners as well,
anything we can do to help……….
Please let me know what and if we need to do anything to help resolve this matter.
Thank you
Please do not hesitate to contact me with any questions you may have.
Thank You!
Steve Theriault
President
steve@naplesgenerator.com
Office: 239-732-6355
Cell: 239-877-9798
Fax: 239-732-8355
9.A.3.b
Packet Pg. 74 Attachment: Public Comment - Various emails to Staff and BCC [Revision 1] (7746 : Batch LDC Amendments)
30 July 2018
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
Dear Board Members:
References: 1. Diagram of property with proposed generator location; 2. Permit Rejection
I am writing to identify a code issue to install a generator at my home. The references
are attached to this letter and the diagram shows the exact location for the proposed
generator.
My development was built in 2006-07 and homes were built to the approved zoning for
the development. My home has 15’ 2” between my neighbor and me. I have another
neighbor who is four houses down the street with the same generator I am trying to
install. My neighbor was fortunate to have it installed and working before Hurricane Irma
and the distance between his home and his neighbor is exactly the same as my home and
neighbor. Now, his generator was installed a few years ago but after 2012. Now, I don’t
know all the rules that your board has passed or changed since 2007 when the
community was completed. But I believe the criteria should be a standard that each
owner should be able to use and not be penalized because a few years have passed.
There are no safety rules involved since my generator would use the criteria
recommended by the generator vendor.
Secondly, my wife has RA and is 75 years old. For her health, I need to install a
generator for emergency power.
Finally, I started this process in March and paid for the project in April. We were planning
to have the generator up and working for the Hurricane season—early July installation.
Now, we are awaiting a board action to hopefully fix my 3.6 inch violation of space
between my generator and my neighbor’s property line. As I understand, this board
agenda item was planned for your meeting in July—how timely that would have been.
Now, the board meeting for July was canceled and no meeting in August. I have asked
the permit office how many permits were denied because of the same issue. She said a
number of them but did not have the total—another office in the county government said
the number denied would be in the board package to review. I know the vendor I bought
my generator from said 4 out of 6 were being held up. Finally, you have several permits
that were denied where the owner requesting the generator has major health issues
where medical equipment is needed at all times.
I strongly recommend the board to change the current requirement where I need 4’ 6”
between my generator and my neighbor’s property line. I would be happy with either the
6” or the 12” reduction to fix this problem.
Concerned Owner,
Larry Smith //S//
12784 Aviano Dr, Naples, FL
9.A.3.b
Packet Pg. 75 Attachment: Public Comment - Various emails to Staff and BCC [Revision 1] (7746 : Batch LDC Amendments)
From: Daniel Hamilton <daniel@simpleelectricalsolutions.com>
Sent: Tuesday, July 17, 2018 1:41 PM
To: FrantzJeremy
Subject: Setbacks/Generators
Mr Frantz,
Good afternoon.
My name is Daniel Hamilton, owner of Simple Electrical Solutions LLC located in Naples Florida.
I have been an electrician now for 20 years. I hold the EC license in Florida and I would like to thank
you first and foremost for all the hard work that yourself and the entire Collier County Growth
Management staff does on a daily basis. Since hurricane Irma, I know how busy things have gotten and I
think you all are doing a great job in maintaining the demands of the ever so moving fast construction
industry here in Collier County.
I started my company in September of 2016 and started running it full time in March of 2017. Before
we had Irma, I was doing small service calls and odd jobs to try and help build my business. Three
months before Irma, I decided to take everything I had made to date and purchase my first generator
from Generac Power Systems to become a dealer. I spent several hours down at Collier County Growth
Management and asked several questions to every department in efforts to be the best generator
contractor we have here in Collier county. I am sure some days I took time away from the staff and have
brought to light several items and things that are going in out there in my industry I work in. From
permitted plans in gated communities fabricated to show incorrect dimensions to wiring practices not
meeting the N.E.C. I will say I am not perfect at all, but try my hardest to produce the best possible
product to my clients.
The point of my email is to see if we can make these generator installations more uniform in
standards in permitting. The N.E.C. is set and pretty clear of installations. We now turn in installation
manuals for permitting as well as surveys showing location. My issue right now is the current setbacks
for installations as well as the multiple electrical contractors wanting to now install them. I will start with
the current setbacks for generators. Currently we have to be 3 feet from property line in Collier county
with generator installation as well as 5’ from any openings for carbon monoxide poising potentials. I
don’t understand how we can have an ac condenser unit be allowed to go to the property line but
generators need to be 3’ away from property line. I would think that Collier County Growth
Management would want generators as far away from structure as possible given that most of the
manufactures now have designed them to be able to be 18” off most structures we currently have here
in Collier county and in compliance with NFPA 37. Ac condenser units do not produce carbon monoxide
and are not a threat to residents. I don’t have the numbers to back this next statement but I would think
being able to have the unit being installed per manufacturer installation guide and being able to be
closer to property line if needed would keep cost down for many potential clients wanting a standby
generator as well as reducing the calls after the storm to our fire rescue for carbon monoxide dangers.
It’s not about the money aspect but more for the safety. Since we have the current setback rules, some
contractors hand in false drawings to get permit and then install them per installation guide in order to
keep their sales alive and well. In some communities like Talis Park for example, I have met with several
potential clients and have been told the same thing over and over. The building contractor sells client a
pre poured slab for generator, thinking it will work. I show up and have to inform them I cannot install
due to current setbacks and now their installation costs are 2-3 times what they originally thought. I am
here to try and help Collier County in any way I can and have in efforts to abide by all of the rules in
place and possibly help make things more uniform for generator dealers and contractors like myself.
9.A.3.b
Packet Pg. 76 Attachment: Public Comment - Various emails to Staff and BCC [Revision 1] (7746 : Batch LDC Amendments)
1.)
Can we change the current rules for Collier county setbacks to be able to install generator closer to
property line. This will help with carbon monoxide potential threats and keep costs down for clients
wanting to install generators?
2.)
Can we request that in order to abide by the rules of FPL and scheduling, that just like NOC
requirements, require contractors to supply email confirmation from FPL to show they have scheduled
disconnection and reconnection of power after inspections? Place a hold on inspections until this is
produced?
3.)
Can we request HOA approval documents to be a handed in for gated communities showing the ARC
and HOA has approved? Place hold on inspections until produced.
4.)
Can we limit generator installations to contractors that are approved to warranty, service, and repair
these generators for various manufactures being installed? It does not compute that a contractor can
purchase and install but has to give service, maintenance, and warranty to their competitors. This will
force contractors to educate their employees and be more serious about the end product instead of the
money invoked with installations.
5.)
Can we make it to where the gas installers permit, even though separate at times, be linked to generator
permit in order to ensure the gas line has been permitted and inspected? I think this is an issue in
regards to one of my clients who hired their own installer and that installer failed to pull permit until I
requested they do so. It has been several months and still is an issue with this one generator. The
installing contractor for generator is responsible to make sure the pressures are correct and unit has
sufficient fuel in order for generator to run properly.
These are just a few examples and questions I ask myself in regards to the growth of generator
installation in the last year. Some or most of these questions may not apply to your department. I
understand. But if you can pass this along if you think it will help Collier County Growth Management,
please forward along. I would like to know what mr Long and others think of my email. My email is not
intended to upset anyone or say anyone is wrong or right. I am just a fanatic of what I do for a living and
I think we owe it to the communities and to the homeowners we service to deliver as close to perfect a
product as we can.
Thank m you for your time today and thank you to Collier County Growth Management for all your hard
work so far this year.
Have a great afternoon.
Best regards
DANIEL HAMILTON
Simple Electrical Solutions LLC.
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Daniel@simpleelectricalsolutions.com
CONFIDENTIALITY NOTICE: This email transmission (and/or the attachments accompanying it) may
contain legally privileged and confidential information, and is intended only for the use of the individual
or entity named above. If you are not the intended recipient, you are hereby notified that any
dissemination, disclosure, distribution or copying of this communication is strictly prohibited. If you have
received this communication in error, please promptly notify the sender by reply email and destroy the
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9.A.3.b
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L:\LDC Amendments\Current Work\Residential Lighting (PL20180002632)\4.02.08 Outside Lighting Requirements 1-22-19.docx
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20180002632
SUMMARY OF AMENDMENT
This amendment establishes standards for new outdoor lighting associated
with single-family dwelling units, two-family dwelling units, and
duplexes. These standards are intended to prevent high-intensity outdoor
lighting from negatively impacting neighboring residential properties.
LDC SECTION TO BE AMENDED
4.02.08 Outside Lighting Requirements
ORIGIN
Growth Management
Department (GMD)
HEARING DATES
BCC TBD
CCPC 02/07/2019
DSAC 02/06/2019
DSAC-LDR 12/18/2018
10/16/2018
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval
DSAC
TBD
CCPC
TBD
BACKGROUND
Currently, there are no limitations with respect to outdoor lighting on residential properties with single-
family dwellings, two-family dwellings, or duplexes. However, the variety and intensity of lighting
fixtures available to homeowners at retail outlets presents an opportunity for outdoor lighting to
negatively impact surrounding residential properties. As a result, the GMD has been unable to resolve
complaints received by the Code Enforcement Division regarding residential outdoor lighting shining
toward neighboring homes, which are typically received up to several times a year.
At the March 13, 2018, Board of County Commissioners (Board) meeting, a member of the public
requested an ordinance to address significant nuisance lighting on single-family properties (See Item 7).
At the June 21, 2018, Budget Workshop, one Commissioner noted an awareness of lighting problems on
residential properties, suggesting a need for County Staff to address the issue. As a remedy, this
amendment requires single-family dwelling, two-family dwelling, or duplex homeowners who install
lights or fixtures having an aggregate of 60 watts or 800 lumens or more to shield or aim those lights
away from abutting residential properties. The amendment does not apply to lighting on multi-family
residential development (three or more units).
The brightness and energy usage measurements correspond with the types of floodlights or other outdoor
lights which have the potential to impact neighbors (See Figures 1 and 2) and can be applied to both
traditional incandescent lights and LEDs. Outdoor lighting standards for single-family residences vary
throughout the state (See Exhibit A). These proposed standards are designed so that compliance and
enforcement are simple and do not require any special knowledge or tools.
A building permit is not required to install most lighting fixtures. Therefore, this standard will primarily
be implemented through the code enforcement process when a complaint is issued. If a code violation is
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reported, homeowners could remedy a potential violation by repositioning the lights, using shielding, or
installing new lighting fixtures that comply with the proposed standard.
Figure 1. Lumen levels for typical outdoor lights
Source: https://gamasonic.com/how-many-lumens-do-you-need-for-outdoor-lighting/
Figure 2. Department of Energy comparison of lumens and traditional incandescent watts.
Source: https://www.energy.gov/sites/prod/files/lumens_placard-black.pdf
FISCAL & OPERATIONAL IMPACTS
This amendment could result in additional
unexpected costs for homeowners to replace
light bulbs with lower lumens or to replace
fixtures. There are no anticipated fiscal
impacts to the County associated with this
amendment. The amendment will allow code
enforcement to resolve some complaints
regarding outdoor lighting.
GMP CONSISTENCY
In the limited areas where the Growth Management Plan
(GMP) does address outdoor lighting, there is no
specificity provided. Only the Conservation and Coastal
Management Element (CCME) policies pertaining to
wildlife protection, e.g. Policies 7.3.1 and 7.3.2
regarding sea turtles, may have applicability to the
dwelling unit types addressed in this LDC amendment
but, again, there is no specificity provided. Further, such
lighting would have to comply with both this new LDC
provision and the CCME policies.
EXHIBITS: A) Lighting Standards in Other Communities
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Amend the LDC as follows:
4.02.08 - Outside Lighting Requirements 1
2
A. Lights on golf courses shall be located and designed so that no light is aimed directly 3
toward property designated residential, which is located within 200 feet of the source of 4
the light. 5
6
B. Specific height requirements in zoning districts. 7
1. GC—Twenty-five (25) feet 8
2. C-1—Twenty-five (25) feet 9
3. CF—Twenty-five (25) feet 10
11
C. Lights on lots with single-family dwellings, two-family dwellings, or duplexes. Lights or 12
fixtures having an aggregate of 60 watts or 800 lumens or more shall be shielded or aimed 13
away from abutting residential properties. 14
# # # # # # # # # # # # #15
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Community Standard Citation
Lee County (Upper
Captiva Planning
Area)
“All outdoor lighting, including lighting on docks and
bulkheads, must be designed, installed, located, and
maintained to be hooded, shielded, and/or aimed downward.”
Art. XI
Division 4 Sec.
33-1736
City of Sanibel “All exterior lighting shall be designed and installed to prevent
glare and light trespass. Light shall not be allowed to cause
glare affecting motorists, bicyclists, or other users of roads,
driveways and bicycle paths. Light shall not trespass over
property lines.”
(More detailed standards follow this section)
Art. XIV
Div. 4
Sec. 12-997 (c)
City of Naples “(a) Permitted exterior lighting. Exterior lighting or light
fixtures may be utilized at grade and at the 1st habitable floor
of multifamily structures, provided that:
(1) The lighting is confined to a front yard facing a public
street, or to that portion of the facade facing a public
street; and
(2) The light source is directed only at the facade of the
building.
Lighting may also be utilized at grade to enhance
landscape features. Exterior lighting shall be designed,
arranged or shielded in such manner that all adjacent
properties and the public roadways are protected from
direct glare.
(b) Prohibited lighting. The use of exterior lighting or light
fixtures on any portion of the facade or roof of a multifamily
structure above the 1st habitable floor shall not be permitted.
(c) Exemptions. Warning lights, as required by state or federal
agencies, and exterior lights used exclusively for and
associated with outdoor walkways, stairs, hallways, pool
areas, and living spaces such as balconies, terraces, screened
porches, and similar spaces shall be exempt from the
requirement as listed in subsection (b) of this section.
Nonpermanent lighting, used exclusively during the holiday
period from November 15 to January 15, is also excluded from
this prohibition.
(d) Nonconforming lighting. Nonconforming multifamily
structures shall be brought into conformance with this section
by April 30, 1998.”
Chapter 56 Art.
III
Sec. 56-89
City of Bonita
Springs
“All light fixtures shall have bulbs that are fully recessed
within the fixture and may not emit light above horizontal plan
(sic)”
Chapter 10 Art.
III.
Div. 3
Sec. 10-102
(d)(1)(a)
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Marco Island “(a) Regulation of the intensity and glare of outdoor lighting
shall be as follows:
(1) No lighting source shall cause more than 1.0 footcandle of
illumination to fall on adjoining residential single-family
(RSF) zoned property.”
(Additional shielding standards follow this section)
Chapter 6
Art. V
Sec. 6-145
Volusia County No person may install, construct, erect, maintain, or control
any outdoor lighting or outdoor lighting fixture on a
residential structure, or on its surrounding premises, which
directly illuminates beyond the adjacent residential structure's
property line, between sunset and sunrise. For the purposes of
this section, adjacent property shall include all property within
360 degrees of the subject property, notwithstanding an
intervening right-of-way. For the purposes of this section,
property line shall be an invisible plane extending vertically at
a 90-degree angle from ground level to a point above the
height of the highest structure on either the subject property or
the adjacent property.
Sec. 50-480
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FrantzJeremy
Subject:FW: PL2018000 2632
Respectfully,
Jeremy Frantz, AICP
Land Development Code Manager
From: Jeff Wothke <jwothke@yahoo.com>
Sent: Friday, January 18, 2019 5:30 PM
To: FrantzJeremy <Jeremy.Frantz@colliercountyfl.gov>
Cc: StoneScott <Scott.Stone@colliercountyfl.gov>
Subject: Re: PL2018000 2632
PS. I realize you have a full schedule, so I really do appreciate your looking into this.
On Friday, January 18, 2019, 4:00:16 PM CST, Jeff Wothke <jwothke@yahoo.com> wrote:
Jeremy,
Thanks for your reply.
Where and what time will the meeting take place?
Does a chance even exist to alter the proposed ordinance as it is written now? Or is it highly unlikely
to be altered from its present form?
Thanks,
Jeff
On Friday, January 18, 2019, 3:54:56 PM CST, FrantzJeremy <Jeremy.Frantz@colliercountyfl.gov> wrote:
Hi Jeff,
I apologize for the delay in my response. I appreciate the comments and additional information about the particular
problem you have experienced. An initial draft of this amendment included a requirement for shielding. During staff review
of that draft there was concern that the requirement would create widespread issues with other types of lighting that may
not be as intrusive that the example you’ve shown below. Without a method to address the creation of non-conformities
throughout the county, we have tried to rely on something that would not be unreasonably restrictive. Nonetheless, I
appreciate your concern regarding this proposed language, and I will include your email in our back-up documentation as
the amendment goes to the advisory boards for review. The Planning Commission will hear this amendment on February
7th if you would like to provide additional comments at that time.
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Let me know if you have any additional questions.
Respectfully,
Jeremy Frantz, AICP
Land Development Code Manager
From: Jeff Wothke <jwothke@yahoo.com>
Sent: Tuesday, January 15, 2019 3:52 PM
To: FrantzJeremy <Jeremy.Frantz@colliercountyfl.gov>
Subject: PL2018000 2632
Mr Frantz,
I appreciate your efforts in working on PL20180002632 Outdoor lighting for Single Family Homes.
I am just afraid that the proposed update, namely:
12 C Lights on lots with singl-family dwellings, two-family dwellings, or dulexes. Lights
or
13 fixtures having an aggregate of 60 watts or 800 lumens or more shall be shielded
or aimed14 14 away from abutting residential properties.
Falls a bit short.
It seems that the Volusia County, or Marco Island Lighting ordinances are more evenly applied to
both property owners. ie the persons using lights and the neighbors who may be effected by the
lights.
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If we modify the existing ordinance to simply having a shield or simply pointing away, it does not solve
the lighting pollution problem. In my case, the adjacent neighbor bounces the light off of reflective
metal placed in front of the light and also, reflecting multiple lights off of the side of his brightly colored
home. The result is my whole 1/2 of my home is lite up all night. see below
If we respect one another property line, and had an ordinance similar to Valusia County, or Marco
Island, the ordnance would be easy to enforce, and takes care of all cases of light pollution. It would
be easy to enforce by simply standing on the property owner who complains property and seeing if a
shadow is cast from the offending property.
I appreciate your efforts and time. If you would like to discuss, feel free to contact me.
Thanks again,
Jeff Wothke
Melodi Belei
4551 1st ave NW
Naples, FL 34119
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9.A.3.dPacket Pg. 87Attachment: Public Comment - Email from Jeff Wothke 1-18-19 [Revision 1] (7746 : Batch LDC
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Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
9.A.3.d
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L:\LDC Amendments\Current Work\Commercial Landscaping (PL20180002769)\Second Draft\4.06.02 and 4.06.05 Commercial Landscaping 1-22-19.docx
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20180002769
SUMMARY
This Board directed amendment places new restrictions on the replacement
and removal of required landscaping trees at commercial shopping centers.
The amendment seeks to maintain mature canopy trees at shopping centers
and their value to the surrounding neighborhood.
LDC SECTIONS TO BE AMENDED
4.06.02 Buffer Requirements
4.06.05 General Landscaping Requirements
ORIGIN
Board of County
Commissioners
HEARING DATES
BCC TBD
CCPC 02/07/2019
DSAC 02/06/2019
DSAC-LDR 12/18/2018
10/16/2018
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval with Changes
DSAC
TBD
CCPC
TBD
BACKGROUND
On January 23, 2018, the Board directed staff to draft LDC standards that maintain the ability to change
existing landscaping plans while also ensuring those changes would retain mature canopy trees and
maintain an aesthetically pleasing community appearance.
This amendment makes four modifications to the landscaping requirements for shopping centers to
minimize the impact of mature landscaping being replaced with minimum sized trees:
1. Allows additional spacing in Type D buffers for improved visibility into shopping centers.
2. Prohibits slash pine and bald cypress in new landscaping plans or existing landscaping plans
that are removing trees from the Vehicle Use Area (VUA) or Type D buffer.
3. Limits the large-scale removal or replacement of required trees in the VUA and Type D Buffer
to 50 percent of the required trees within a period of 15 years.
4. Provides an exemption for trees removed through a cultivated tree removal permit, or to replace
diseased or dead trees.
See Exhibit A for additional background, justification, and other considerations.
DSAC-LDR Subcommittee Recommendation:
The DSAC-LDR Subcommittee reviewed the amendment on October 16, 2018, and made the following
comments:
1. The current requirements for shopping centers already require plantings to be larger than typical
development. Creating a new standard that only applies to shopping centers is unnecessary.
2. The provisions related to visibility should be removed as it will not improve visibility for cars
passing by at high speeds. Additionally, cell phones are commonly used for navigation so
creating a different buffer standard only for Type D buffers won’t necessarily improve visibility.
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Consider focusing on signage instead of limits on plantings. Changing sign standards so they
don’t interfere with landscaping would be more beneficial.
3. The slash pine and bald cypress prohibition should clearly state that they can’t be used for
proposed landscaping but that it doesn’t affect existing trees. Protections for existing slash pine
and bald cypress in parking lots would be preferable.
4. One of the shopping centers that gained attention for its landscaping changes was trying to
address tree roots damaging the parking lot and lighting that was too close to trees. Not allowing
the removal of landscaping forces property owners to be liable for trip and fall hazards when
roots are damaging pavement or prevents them from updating developments that were built to
out-dated standards.
The DSAC-LDR Subcommittee reviewed the amendment a second time on December 18, 2018 and
stated that the amendment is not necessary and furthermore that the limitation on removing a maximum
of 50 percent of the landscaping within 15 years is too restrictive. However, the Subcommittee
recommended that if the Board were to approve the amendment, the 50 percent limitation should be
removed, and the timeframe reduced to ten years.
FISCAL & OPERATIONAL IMPACTS
The amendment will increase costs for shopping
center owners when proposing to replace or
remove more than 50 percent of the required trees
and may result in unexpected costs when
proposals trigger the limitation. There are no
anticipated fiscal or operational impacts to Collier
County.
GMP CONSISTENCY
Based upon the attached analysis, the proposed
LDC amendment may be deemed consistent with
the GMP (See Exhibit B).
EXHIBITS: A) Additional Background and Justification B) GMP Consistency Review
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Amend the LDC as follows:
1
4.06.02 Buffer Requirements 2
3
* * * * * * * * * * * * * 4
C. Types of buffers. Within a required buffer strip, the following types of buffers shall be used 5
based on the matrix in table 2.4. (See Figure 4.06.02.C-1) 6
7
* * * * * * * * * * * * * 8
4. Type D Buffer: A landscape buffer shall be required adjacent to any road right-of-9
way external to the development project and adjacent to any primary access roads 10
internal to a commercial development. Said landscape buffer shall be consistent 11
with the provisions of the Collier County Streetscape Master Plan, which is 12
incorporated by reference herein. The minimum width of the perimeter landscape 13
buffer shall vary according to the ultimate width of the abutting right-of-way. Where 14
the ultimate width of the right-of-way is zero to 99 feet, the corresponding 15
landscape buffer shall measure at least ten feet in width. Where the ultimate width 16
of the right-of-way is 100 or more feet, the corresponding landscape buffer shall 17
measure at least 15 feet in width. Developments of 15 acres or more and 18
developments within an activity center shall provide a perimeter landscape buffer 19
of at least 20 feet in width regardless of the width of the right-of-way. Activity center 20
right-of-way buffer width requirements shall not be applicable to roadways internal 21
to the development. 22
23
a. Trees shall be spaced no more than 30 feet on center in the landscape 24
buffer abutting a right-of-way or primary access road internal to a 25
commercial development. As an alternative for shopping centers, the 26
following tree spacing may be allowed through a landscaping plan change 27
to provide additional visibility into shopping centers: 28
29
i. Trees may be spaced no more than 60 feet on center, and 30
31
ii. There shall be at least three consecutive trees on both sides of the 32
60-foot spacing. Said trees shall be spaced no more than 30 feet 33
on center with at least a 30-foot crown spread per tree at the time 34
of the alternative spacing approval. 35
36
# # # # # # # # # # # # # 37
38
4.06.05 – General Landscaping Requirements 39
40
* * * * * * * * * * * * * 41
D. Plant Material Standards 42
* * * * * * * * * * * * * 43
2. Trees and palms. All required new individual trees, shall be species having an 44
average mature spread or crown of greater than 20 feet in the Collier County area 45
and having trunk(s) which can be maintained in a clean condition over five feet of 46
clear wood. Trees adjacent to walkways, bike paths and rights-of-way shall be 47
maintained in a clean condition over eight feet of clear wood. Trees having an 48
average mature spread or crown less than 20 feet may be substituted by grouping 49
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the same so as to create the equivalent of 20-foot crown spread. For code-required 1
trees, the trees at the time of installation shall be a minimum of 25 gallon, ten feet 2
in height, have a 1¾-inch caliper (at 12 inches above the ground) and a four-foot 3
spread. 4
5
a. A grouping of three palm trees will be the equivalent of one canopy tree. 6
Exceptions will be made for Roystonea spp. and Phoenix spp. (not 7
including roebelenii) which shall count one palm for one canopy tree. Palms 8
may be substituted for up to 30 percent of required canopy trees with the 9
following exceptions. No more than 30% percent of canopy trees may be 10
substituted by palms (or palm equivalent) within the interior of a vehicular 11
use area and within each individual Type D road right-of-way landscape 12
buffer. Palms must have a minimum of 10 feet of clear trunk at planting. 13
14
b. All new trees, including palms, shall be of a species having an average 15
mature height of 15 feet or greater. 16
17
c. As of {Effective date of this Ordinance}, new landscaping plans shall not 18
include slash pine (Pinus elliottii) or bald cypress (Taxodium distichum) 19
within the vehicular use areas or Type D buffers. 20
21
* * * * * * * * * * * * * 22
O. Tree replacement or removal in shopping centers. 23
24
1. Purpose and intent. This section is intended to apply to the removal or replacement 25
of existing, mature, canopy trees within Type D buffers and vehicular use areas at 26
shopping centers. Extensive changes to mature landscaping have the potential to 27
impact aesthetic appearance, native plant preservation, buffering, and shade. This 28
section is not intended to prohibit other activities related to the development, 29
redevelopment, or maintenance of shopping centers. 30
31
2. Standards for tree replacement or removal within Type D buffers and vehicular use 32
areas at shopping centers. 33
34
a. A maximum of 50 percent of the required trees per 15-year period may be 35
replaced or removed through a landscaping plan change. 36
37
b. Replacement trees within Type D buffers and vehicular use areas at 38
shopping centers shall not include slash pine (Pinus elliottii) or bald cypress 39
(Taxodium distichum). 40
41
c. Replaced or removed trees shall not be located entirely within one 42
contiguous area and shall be evenly dispersed throughout the Type D 43
buffers and vehicular use areas. 44
45
3. Exemption. These standards shall not apply to removal of trees through a 46
cultivated tree removal permit or to replace diseased or dead trees. 47
48
4. Applicants may request a PUD deviation or variance, as applicable, to the limitation 49
on replacement or removal of required trees. 50
# # # # # # # # # # # # # 51
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Amendment History
Over several years, residents have petitioned the Board regarding perceived aesthetic impacts on
surrounding residential neighborhoods when mature canopy trees are removed from shopping
centers and replaced with the LDC’s minimum tree planting requirements.
On January 23, 2018, Zoning Division staff presented background information to the Board
regarding landscaping changes in shopping centers, and potential LDC changes that could mitigate
the perceived impacts on the surrounding community from the loss of mature canopy trees. The
Board directed staff to draft LDC standards that maintain the ability to change existing landscaping
plans while also ensuring any changes would retain mature canopy trees and maintain an
aesthetically pleasing community appearance.
A previous version of this amendment which proposed a requirement for larger replacement trees
was reviewed by the Development Services Advisory Committee (DSAC) and the Collier County
Planning Commission (CCPC). On June 21, 2018, staff presented price and availability data for
trees with a five to six-inch caliper to the CCPC. In response to the increased costs and limited
availability, the CCPC unanimously recommended not to adopt the proposed amendment, and to
direct staff to review a new LDC amendment to be further refined with the following elements:
1. A limitation on the percentage of trees that may be removed or replaced within a given
period of time.
a. The trees removed should not be clustered in one area but should be spread
throughout the project.
b. The period of time established should be based on the expected life and canopy
growth rates of removed and replaced tree species.
2. A limitation on the use of Slash pine and Bald Cypress trees within the Type D buffer for:
a. New landscaping plans, and
b. Existing landscaping plans when replacing or removing required trees from the
Type D buffer or VUA.
3. An allowance for additional spacing between buffer trees in certain instances to allow for
improved visibility into shopping centers.
Existing Standards
For many types of development, when trees are replaced in the VUAs or Type D buffers, the
replacement trees are required to meet the same minimum standards for landscaping material
required for new developments. The minimum tree height, caliper, and canopy spread required at
the time of installation are:
• Height: 10 feet,
• Caliper: 1 ¾ inches, and
• Canopy spread: four feet.
However, when trees are replaced in the VUAs or Type D buffers at shopping centers, the
replacement trees are required to meet the minimum standards in LDC section 4.06.03 B.9:
• Height: 14 to 16 feet,
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• Caliper: three to four inches,
• Canopy spread: six to eight feet, and
• Clear trunk height: six feet high.
These larger trees are only required at shopping centers, which are defined in LDC Section 1.08.02:
“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 type of shops to the trade area that the unit serves. It consists of eight 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.”
Additionally, trees within Type D buffers are required to be spaced no more than 30 feet on center.
This amendment does not propose any changes to the minimum height, caliper, canopy spread, or
clear trunk height of trees planted at shopping centers.
Proposed Standards
The proposed standards are intended to balance the value of mature canopy trees to the surrounding
neighborhoods and property owners with the need to redesign and update the appearance of
shopping centers. The standards are intended to allow for regular updates to shopping centers while
maintaining existing mature trees.
Proposed Changes to LDC Section 4.06.05 C.4.a.i:
Changes to this section establish new tree spacing standards within Type D buffers to provide
better visibility to shopping center buildings and wall signage. This new standard would allow
increased tree spacing from 30 feet on-center to 60 feet on-center when at least three trees on both
sides of the 60 feet on-center spacing have a minimum of a 30-foot crown spread per tree. This
arrangement is depicted in Figure 1.
Figure 1: Illustration of proposed visibility spacing within Type D buffers.
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Exhibit A – Additional Background and Justification
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Proposed Changes to LDC Section 4.06.02 D.2.c:
Changes to this section prohibit slash pine and bald cypress trees within the VUA and Type D
buffer area in new landscape plans because they do not provide adequate canopy or flourish in
irrigated areas of a site. The inadequate canopy and visual buffer are shown in Figures 2 and 3.
Figure 2: Bald cypress trees do not provide adequate canopy when leaves fall.
Figure 3: Slash pine trees do not provide an adequate visual buffer.
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Proposed New LDC Section 4.06.05 O.:
This new section limits the large-scale removal or replacement of mature canopy trees through a
restriction on removing or replacing more than 50 percent of required trees within the VUA or
Type D buffer within each 15-year period. For example, Figure 1 demonstrates one potential
distribution of replaced or removed trees throughout the site. The limitation is based on public
input during the amendment vetting process and a review of tree growth rates described in the Tree
Growth Analysis section below.
Figure 1. Example Distribution of Replaced or Removed Trees Throughout the Site
This section also prohibits the use of slash pine or bald cypress trees as replacement trees within
VUAs or Type D buffers and requires removal and replacement of trees to be evenly dispersed
throughout the VUA and Type D buffers.
Additionally, an exemption is provided for the trees removed through a cultivated tree removal
permit, or to replace diseased or dead trees.
Since the applicability of the proposed standards is limited to VUAs and Type D buffers, this
section would not apply to building foundation plantings or any other required landscaping.
Implementation
The proposed changes will be implemented through the existing Landscaping Plan review process.
Landscaping plans for commercial shopping centers are approved through a Site Development
Plan (SDP) and changes to an SDP (SDPA or SDPI).
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SDPs are administratively approved by the Growth Management Department and do not require
public notice or a public hearing.
Proposals to replace or remove trees within the Vehicle Use Area (VUA) or Type D buffer would
require the landscaping plan to include a calculation of the percentage of required trees proposed
to be removed or replaced.
The determination whether trees may be removed or replaced through a landscaping plan change
will function similar to the cultivated tree removal permit review. When a landscape plan change
is submitted, landscape plan review staff will review the percentage of trees removed or replaced
within the past 15 years. The landscaping plan change would only be approved if all landscaping
plan changes within the past 15 years do not exceed 50 percent of required trees.
Shopping centers may request relief from the 50 percent limitation through the PUD Deviation or
Variance processes, as applicable. Both processes provide for public notice and public hearings.
Tree Growth Analysis
On June 21, 2018, the CCPC recommended that the limitations in the proposed amendment should
be based on growth rates of canopy trees. To satisfy this request, staff consulted the Native Trees
for South Florida1 published by the University of Florida’s Institute of Food and Agricultural
Sciences (IFAS), which includes growth rate information for a variety of tree species. Growth rates
are reproduced in the following table for those species that currently qualify as canopy trees in
Collier County.
Table 1. Tree Growth Rates from UF IFAS Extension
Common Name Natural
Height (ft)
Growth
Rate
Growth per
year (ft)
Red maple 35-50 Fast >2
Gumbo limbo, tourist tree 40 - 60 Medium 1 to 2
Fiddlewood 25 - 30 Slow <1
Sea grape 15 - 30 Medium 1 to 2
Willow-leaved bustic 30 - 50 Medium 1 to 2
Wild tamarind 40 - 50 Fast >2
Sweetbay 40 - 60 Medium 1 to 2
False mastic 45 - 70 Slow <1
South Florida slash 80 - 100 Fast >2
Jamaican dogwood, fish-poison tree 35 - 50 Fast >2
Sycamore 70 - 110 Fast >2
West Indian cherry 15 - 40 Medium 1 to 2
Laurel oak 60 - 100 Fast >2
Live oak 50 - 80 Medium 1 to 2
Royal palm 60 - 125 Medium 1 to 2
1 Meerow, A.W., Broschat, T.K, and Donselman, H.M. (2017). Native Trees for South Florida. University of Florida
IFAS Extension. Document EES-57.
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Exhibit A – Additional Background and Justification
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Soapberry 35 - 45 Medium 1 to 2
Paradise tree 35 - 50 Slow <1
Mahogany 35 - 60 Fast >2
Bald cypress 60 - 100 Medium 1 to 2
Wild lime 20 - 30 Medium 1 to 2
It is important to note that growth rates may be influenced by a variety of factors such as soil,
drainage, water, fertility, light, exposure. These conditions may vary from site to site and year to
year.
The IFAS growth rates were used to determine the potential time required for newly planted trees
to grow from the code minimum canopy spread of 6 to 8 feet, to the code “mature” canopy spread
of 20 feet. For the purposes of this amendment, growth rates of tree height were assumed to be the
same as growth rates of canopy spread. Using this methodology, the canopy trees listed above
require a minimum of 6 and a maximum of 14 years to reach a “mature” canopy spread. Given
that trees in parking lots may not represent ideal growing conditions, this amendment establishes
a limitation of 15 years before additional trees can be removed or replaced to ensure adequate time
for canopy growth.
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Exhibit B –GMP Consistency Analysis
11
Growth Management Department
Zoning Division
Memorandum
To: Jeremy Frantz, AICP, Manager, Land Development Code Section
From: David Weeks, AICP, Growth Management Manager, Comprehensive Planning Section
Date: September 14, 2018
Subject: Growth Management Plan (GMP) Consistency Review
PETITION NUMBER: LDCA-PL20180002769 REV:1
PETITION NAME: LDC Sec. 4.06.02 & 4.06.05, Commercial Landscaping
REQUEST: Amend LDC Sections 4.06.02 & 4.06.05, Commercial Landscaping, by making three
modifications to the landscaping requirements for shopping centers to minimize the impact of mature
landscaping being replaced with minimum sized trees:
1. Allows additional spacing in Type D buffers for improved visibility into shopping centers.
2. Prohibits slash pine and bald cypress in new landscaping plans or existing landscaping plans that are
removing trees from the Vehicle Use Area (VUA) or Type D buffer.
3. Limits the large-scale removal or replacement of required trees in the VUA and Type D Buffer to 50
percent of the required trees within a period of 15 years.
4. Provides an exemption for trees removed through a cultivated tree removal permit, or to replace
diseased or dead trees.
COMPREHENSIVE PLANNING COMMENTS: In the limited areas where the Growth Management
Plan’s (GMP) land use elements (Future Land Use Element, Golden Gate Area Master Plan, Immokalee
Area Master Plan) address landscaping, there is no specificity provided that would conflict with the
proposed Land Development Code (LDC) amendment. In the Conservation and Coastal Management
Element (CCME), Policy 6.1.7 states, in relevant part: “The County shall require native vegetation to be
incorporated into landscape designs in order to promote the preservation of native plant communities and
to encourage water conservation. This shall be accomplished by: (1) Providing incentives for
retaining existing native vegetation in landscaped areas; (2) Establishing minimum native vegetation
requirements for new landscaping.” The proposed changes in this LDC amendment are not in conflict
with this policy.
CONCLUSION:
Based upon the above analysis, the proposed LDC amendment may be deemed consistent with the
GMP.
IN CITYVIEW
cc: Michael Bosi, AICP, Zoning Director
LDCA-PL20180002769 Sec. 4.06.02 & 4.06.05 Coml Landscaping R1 G:\CDES Planning Services\Consistency Reviews\2018\LDCA dw/9-14-18
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LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20180003669
SUMMARY OF AMENDMENT
This amendment modifies standards for ground signs for facilities with fuel
pumps.
LDC SECTION TO BE AMENDED
5.05.05 Facilities with Fuel Pumps
5.06.00 Sign Regulations and Standards by Land Use Classification
5.06.06 Prohibited Signs
ORIGIN
Growth Management
Department (GMD)
HEARING DATES
BCC TBD
CCPC 02/07/2019
DSAC 02/06/2019
DSAC-LDR 12/18/2018
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR
Approval
DSAC
TBD
CCPC
TBD
BACKGROUND
On December 11, 2018, the Board of County Commissioners (Board) directed staff to draft an ordinance to address
signage visibility for facilities with fuel pumps (See Exhibit A).
Section 553.79(20)(a)2 of the Florida Statutes, was recently amended to prohibit any requirement on gasoline
pricing signs that, “prevents the sign from being clearly visible and legible to drivers of approaching motor
vehicles from…any lane of traffic...” (See Exhibit B).
In coordination with local developers of facilities with fuel pumps, Staff has developed alternative standards for
signs at facilities with fuel pumps which are consistent with Section 553.79(20)(a)2 of the Florida Statutes. The
attached LDC amendment proposes the following changes to current standards for fuel pricing signs only:
• One ground or pole sign on each major road frontage with a maximum of two signs, instead of only one
ground sign per site.
• A maximum sign height of 15 feet instead of 8 feet.
• Each such sign may include an “Electronic Message Board” (EMB) only for advertising fuel prices. These
EMB’s are subject to limitations on the movement of images, brightness, resolution, and other design
standards and which are allowed on arterial and collector roadways.
FISCAL & OPERATIONAL IMPACTS
There are no anticipated fiscal or operational
impacts associated with this amendment.
GMP CONSISTENCY
The proposed LDC amendment may be deemed
consistent with the GMP. -DW
EXHIBITS: A) Executive Summary Providing Board Direction B) F.S. 553.79(20)
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Amend the LDC as follows:
5.05.05 - Facilities with Fuel Pumps 1
2
* * * * * * * * * * * * * 3
4
C. Building architecture, site design, lighting, and signage requirements. 5
6
* * * * * * * * * * * * * 7
8
4. Signage for facilities with fuel pumps. The following are the only signs allowed in 9
facilities with fuel pumps and convenience stores with fuel pumps. 10
11
a. Window, Wall, and other signs: As allowed in LDC section 5.06.00. 12
13
b. An illuminated corporate logo with a maximum area of 12 square feet shall 14
be allowed on a canopy face which is adjacent to a dedicated street or 15
highway. Otherwise accent lighting and back lighting are prohibited on 16
canopy structures. Color accent banding on canopies may be approved as 17
established in LDC section 5.05.05 C.1.b.iv.(b), above. 18
19
c. One ground sign shall be permitted for each site and shall be placed within 20
a 200 square foot landscaped area. Height is limited so that the top edge 21
of the sign face is less than eight feet above grade. Maximum permitted 22
area is 60 square feet. Said sign shall be consistent with the color scheme 23
and architectural design of the principal structure. 24
25
c. Each facility with fuel pumps will be limited to a maximum of two ground 26
signs, two pole signs or one ground and one pole sign that advertise the 27
retail price of fuel in accordance with Section 553.79(20)(a)2., F.S. 28
29
i. One fuel pricing ground or pole sign will be permitted on a frontage 30
of a parcel that abuts an arterial or collector road right -of-way. The 31
maximum height is limited to fifteen feet, measured from grade to 32
the uppermost portion of the sign structure. Maximum sign copy 33
area is 65 square feet. The sign must maintain a minimum setback 34
of 10 feet from a ny property line or road right-of-way. A minimum 35
of a 200 square foot landscaped area shall be provided around the 36
base of the sign. The sign structure shall be consistent with the 37
color scheme and architectural design of the principal structure. 38
An electronic message board (EMB) may be part of the sign area, 39
subject to the standards in 5.05.05 C.4.c.iii. 40
41
ii. One fuel pricing ground sign will be permitted on a frontage of a 42
parcel that abuts a road right-of-way other than an arterial or 43
collector road right-of-way. The maximum height is limited to eight 44
feet, measured from grade to the uppermost portion of the sign 45
structure. Maximum sign copy area is 60 square feet. The sign must 46
maintain a minimum setback of 10 feet from any property line or 47
road right-of-way. A minimum of a 200 square foot landscaped area 48
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shall be provided around the base of the sign. The sign structure 1
shall be consistent with the color scheme and architectural design 2
of the principal structure. An electronic message board will not be 3
part of the sign. 4
5
iii. If an electronic message board (EMB) is used as allowed in 6
5.05.05 C.4.c.i., each of the following apply: 7
8
a) The EMB is limited to fuel prices only. 9
10
b) Changes to the EMB shall occur instantaneously. The EMB 11
shall remain static without scroll, fade, flash, zoom, 12
sparkle, color change, or any illusion of movement. 13
14
c) Such signs shall be constructed with a photocell to 15
compensate for all conditions, day or nighttime hours, and 16
shall adjust the display's brightness to a leve l that is not in 17
excess of 0.3 foot -candles above ambient light levels, as 18
measured from the most restrictive of the nearest abutting 19
property line or a distance equal to the square root of [the 20
EMB sign copy area multiplied by 100]. 21
22
d) Exposed lamps, bulbs, or LEDs that are not covered by a 23
lens, filter, or sunscreen are prohibited. 24
25
d. Signage is prohibited above fuel pumps. 26
27
* * * * * * * * * * * * * 28
29
5.06.00 - SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION 30
31
A. Definitions. The definitions of the following terms shall apply to the requirements of the 32
Land Development Code, in particular this section 5.06.00, to be known as the "Collier 33
County Sign Code." 34
35
Activated sign: Any sign which contains or uses for illumination any light, lighting 36
device, or lights which change color, flash, or alternate; or change appearance of said sign 37
or any part thereof automatically; any sign which contains moving parts as part of its 38
normal operation, such as rotating signs, shall be considered an activated sign. 39
40
Animated/Activated sign: A sign depicting or involving action, motion, through 41
electrical or mechanical means. 42
43
* * * * * * * * * * * * * 44
Continued on next page
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5.06.06 - Prohibited Signs 1
2
A. Prohibited. Any sign not specifically permitted by this sign code shall be prohibited. 3
4
* * * * * * * * * * * * * 5
6. Animated signs /activated or Activated signs. Except see Section 5.05.05 C.4 for 6
fuel pricing signs when located along an arterial or collector road right-of-way. 7
8
7. Clear or uncovered neon and exposed LED signs. Except see Section 5.05.05 C.4 9
for fuel pricing signs when located along an arterial or collector road right-of-way. 10
11
# # # # # # # # # # # # #12
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Exhibit A – Executive Summary Providing Board Direction
5
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Exhibit A – Executive Summary Providing Board Direction
6
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Exhibit B – F.S. 553.79(20)
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553.79 Permits; applications; issuance; inspections.
* * * * * * * * * * * * *
(20)(a) A political subdivision of this state may not adopt or enforce any ordinance or impose
any building permit or other development order requirement that:
1. Contains any building, construction, or aesthetic requirement or condition that conflicts with
or impairs corporate trademarks, service marks, trade dress, logos, color patterns, design scheme
insignia, image standards, or other features of corporate branding identity on real property or
improvements thereon used in activities conducted under chapter 526 or in carrying out business
activities defined as a franchise by Federal Trade Commission regulations in 16 C.F.R. ss. 436.1,
et. seq.; or
2. Imposes any requirement on the design, construction, or location of signage advertising the
retail price of gasoline in accordance with the requirements of ss. 526.111 and 526.121 which
prevents the signage from being clearly visible and legible to drivers of approaching motor
vehicles from a vantage point on any lane of traffic in either direction on a roadway abuttin g the
gas station premises and meets height, width, and spacing standards for Series C, D, or E signs, as
applicable, published in the latest edition of Standard Alphabets for Highway Signs published by
the United States Department of Commerce, Bureau of Public Roads, Office of Highway Safety.
(b) This subsection does not affect any requirement for design and construction in the Florida
Building Code.
(c) All such ordinances and requirements are hereby preempted and superseded by general law.
This subsection shall apply retroactively.
(d) This subsection does not apply to property located in a designated historic district.
Link:
http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&Search_String=
&URL=0500-0599/0553/Sections/0553.79.html
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1
FrantzJeremy
From:AshtonHeidi
Sent:Thursday, November 29, 2018 1:15 PM
To:FrantzJeremy
Cc:KlatzkowJeff
Subject:FW: Gas station signage LDC
Jeremy,
Please see the email below.
Heidi Ashton-Cicko
Heidi Ashton‐Cicko
Managing Assistant County Attorney
Office of the Collier County Attorney
2800 North Horseshoe Drive, Suite 301
Naples, FL 34104
(239) 252‐8400
From: Tom Hardy <thardy@racetrac.com>
Sent: Thursday, November 29, 2018 12:03 PM
To: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>
Subject: RE: Gas station signage LDC
Heidi,
Thank you as always for keeping in mind and updated on this matter. We have no questions and feel we can comply
with this new code.
Thank you to all of staff and the commission for this consideration. It will help us tremendously.
Tom Hardy | Director of Engineering
Racetrac Petroleum, Inc. | racetrac.com | 200 Galleria Parkway, Suite 900, Atlanta, GA 30339
m 678-552-5390
From: AshtonHeidi <Heidi.Ashton@colliercountyfl.gov>
Sent: Wednesday, November 28, 2018 11:39 AM
To: Tom Hardy <thardy@racetrac.com>
Subject: FW: Gas station signage LDC
Tom,
Attached is the executive summary and draft LDC text for the Board to approve on 12‐11‐18 to bring back for public
hearing. It is currently scheduled for consent agenda. Let me know if you have any questions. Thanks!
Heidi Ashton-Cicko
9.A.3.g
Packet Pg. 107 Attachment: Public Comment - Email of Support 11-29-18 (7746 : Batch LDC Amendments)
2
Heidi Ashton‐Cicko
Managing Assistant County Attorney
Office of the Collier County Attorney
2800 North Horseshoe Drive, Suite 301
Naples, FL 34104
(239) 252‐8400
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
9.A.3.g
Packet Pg. 108 Attachment: Public Comment - Email of Support 11-29-18 (7746 : Batch LDC Amendments)
02/07/2019
COLLIER COUNTY
Collier County Planning Commission
Item Number: 10.A
Item Summary: Codifying Regularly Approved Deviations
Meeting Date: 02/07/2019
Prepared by:
Title: Planner, Principal – Zoning
Name: Eric Johnson
01/22/2019 4:27 PM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
01/22/2019 4:27 PM
Approved By:
Review:
Zoning Jeremy Frantz Additional Reviewer Completed 01/23/2019 9:07 AM
Zoning Michael Bosi Review item Completed 01/23/2019 9:40 AM
Zoning Ray Bellows Review Item Completed 01/23/2019 2:09 PM
Growth Management Operations & Regulatory Management Judy Puig Review item Completed 01/23/2019 2:49 PM
Zoning Camden Smith Review Item Completed 01/24/2019 10:22 AM
Growth Management Operations & Regulatory Management Donna Guitard Review Item Completed 01/24/2019 3:10 PM
Growth Management Department James C French Review Item Completed 01/29/2019 8:33 PM
Zoning Michael Bosi Review Item Completed 01/30/2019 10:46 AM
Planning Commission Mark Strain Meeting Pending 02/07/2019 9:00 AM
10.A
Packet Pg. 109
Memorandum
To: Collier County Planning Commission (CCPC)
From: Eric Johnson, Principal Planner
Date: January 22, 2019
Re: Codifying Regularly Approved Deviations
The Board of County Commissioners (Board) may exempt petitions from meeting certain required
elements of PUD master plans when the petitions contain conditions demonstrating that the
elements may be waived and that there will no detrimental effect on the health, safety and welfare
of the community. The waiving of these PUD master plan elements, known as deviations, is
provided for pursuant to Section 10.02.13 A.3. of the Land Development Code (LDC).
Between January 1, 2003 and July 10, 2018, the Board, CCPC, and/or the Hearing Examiner
reviewed over 100 petitions that contained new deviations or amendments to existing deviations.
Staff further examined these petitions and discovered that the petitioners were frequently
requesting deviations from multiple sections of the code. These are the four (4) sections that staff
recommends updating:
• Section 5.03.02 – Fences and Walls, Excluding Sound Walls
• Section 5.04.06 – Temporary Signs
• Section 5.06.02 – Development Standards for Signs within Residential Districts
• Section 6.06.01 – Street System Requirements
When petitioners make frequent deviation requests to certain sections of the LDC, and those
requests are being approved, it begs the question as to whether staff ought to assess those sections
and update the LDC to reflect current standards and practices. Staff is seeking your direction to
move forward with updating the above-mentioned sections of the LDC.
Please contact me if you have any questions or comments.
Sincerely,
Eric Johnson, AICP, CFM
Eric.Johnson@colliercountyfl.gov
(239) 252-2931
G:\LDC Amendments\Advisory Boards and Public Hearings\CCPC\2019\Feb 07\Codifying Commonly Approved Deviations.docx
10.A.1
Packet Pg. 110 Attachment: Codifying Commonly Approved Deviations (7823 : Codifying Commonly Approved Deviations)
Commonly Approved
Deviations
CCPC MEETING FEBRUARY 7, 2019
10.A.2
Packet Pg. 111 Attachment: Commonly Approved Deviations (7823 : Codifying Commonly Approved
Average Deviations Per LDC Section = 9.6
Avg
10.A.2
Packet Pg. 112 Attachment: Commonly Approved Deviations (7823 : Codifying Commonly Approved
LDC Section
3.05.07
12 Deviations
Approved
•Allowing off-site preserves
•No change needed. An amendment to
off-site preservation standards was
approved in 2018.
•Allowing divisions/road-crossings
of native vegetation or preserves
•No change recommended. Deviations
to preserves should be addressed on a
case-by-case basis.
10.A.2
Packet Pg. 113 Attachment: Commonly Approved Deviations (7823 : Codifying Commonly Approved
LDC Section
4.02.04
10 Deviations
Approved
•Allowing windows on zero lot-line
setbacks
•No change needed. An amendment to
allow windows on zero lot-lines for
“cluster residential design” was
approved in 2015.
10.A.2
Packet Pg. 114 Attachment: Commonly Approved Deviations (7823 : Codifying Commonly Approved
LDC Section
4.05.04
13 Deviations
Approved
•Allowing required parking
reductions.
•No change recommended. Parking
reductions should be evaluated on a
case-by-case basis.
10.A.2
Packet Pg. 115 Attachment: Commonly Approved Deviations (7823 : Codifying Commonly Approved
LDC Section
4.06.02
45 Deviations
Approved
•Various modifications to buffer
sizes or types
•No change recommended. Public
review of landscaping and buffering
is necessary for each project.
10.A.2
Packet Pg. 116 Attachment: Commonly Approved Deviations (7823 : Codifying Commonly Approved
LDC Section
5.03.02
30 Deviations
Approved
•Various wall and berm changes.
•Recommend codifying common
deviations to allow an 8-12 foot
wall/berm combination.
10.A.2
Packet Pg. 117 Attachment: Commonly Approved Deviations (7823 : Codifying Commonly Approved
LDC Section
5.04.06
16 Deviations
Approved
•Allowing larger temporary banners
signs with time limits while
developers sell residential units
within a project.
•Recommend researching whether
common timeframes, sizes, and other
limits could be codified.
10.A.2
Packet Pg. 118 Attachment: Commonly Approved Deviations (7823 : Codifying Commonly Approved
LDC Section
5.05.05
11 Deviations
Approved
•Allowing changes to gas station
canopy sign standards, reduced
front yard setbacks, and
miscellaneous changes.
•No changes recommended.
Deviations from development
standards for gas stations should be
addressed on a case-by-case basis.
10.A.2
Packet Pg. 119 Attachment: Commonly Approved Deviations (7823 : Codifying Commonly Approved
LDC Section
5.05.08
27 Deviations
Approved
•Allowing changes to design
standards such as window
percentage, omission of certain
design treatments, and reducing
the number of facades.
•No changes recommended.
Deviations from architectural and site
design standards should be addressed
on a case-by-case basis.
10.A.2
Packet Pg. 120 Attachment: Commonly Approved Deviations (7823 : Codifying Commonly Approved
LDC Section
5.06.02
47 Deviations
Approved
•Allowing various changes related
to signs in residential districts.
•Recommend allowing directional
signs 5 feet from the ROW within a
residential development.
10.A.2
Packet Pg. 121 Attachment: Commonly Approved Deviations (7823 : Codifying Commonly Approved
LDC Section
5.06.04
44 Deviations
Approved
•Allowing various changes related
to directory signs and sign area.
•No changes recommended.
Deviations from commercial sign
standards should be reviewed on a
case-by-case basis.
10.A.2
Packet Pg. 122 Attachment: Commonly Approved Deviations (7823 : Codifying Commonly Approved
LDC Section
6.06.01
51 Deviations
Approved
•Allowing changes to ROW width
and length of cul-de-sacs or dead
ends.
•No changes recommended related to
ROW width. Deviations from ROW
width should be addressed on a case-
by-case basis.
•Recommend allowing cul-de-sacs
longer than 1,000 feet when certain
conditions are met.
10.A.2
Packet Pg. 123 Attachment: Commonly Approved Deviations (7823 : Codifying Commonly Approved
LDC Section
6.06.02
34 Deviations
Approved
•Allowing sidewalks on one side of
the street only.
•No changes recommended.
Deviations for sidewalks should be
addressed on a case-by-case basis.
10.A.2
Packet Pg. 124 Attachment: Commonly Approved Deviations (7823 : Codifying Commonly Approved
Staff Recommendation
•Research and draft codification of commonly approved deviations related to:
1.Cul-de-sacs or dead-ends longer than 1,000 feet.
2.Wall-berm combinations 8-12 feet in height.
3.Allow directional signs within residential developments 5 feet from ROW.
4.Research whether common timeframes, sizes, and other limits for temporary
banners for sale of residential units are reasonable.
10.A.2
Packet Pg. 125 Attachment: Commonly Approved Deviations (7823 : Codifying Commonly Approved