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Resolution 2005-410 RESOLUTION NO. 2005- 410 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUSPENDING ENFORCEMENT OF SECTION 4.06.05.J.2 OF THE LAND DEVELOPMENT CODE OF COLLIER COUNTY, FLORIDA, WITH REGARD TO VEGETATION REPLACEMENT FOR LANDSCAPE BUFFERS AND SUSPENDING ENFORCEMENT OF SECTION 10.02.06.J OF THE LAND DEVELOPMENT CODE WITH REGARD TO TREE REMOVAL PERMITS, DUE TO DAMAGE CAUSED BY HURRICANE WILMA; AND PROVIDING FOR REDUCED FEES FOR TEMPORARY BANNERS INTENDED TO TEMPORARIL Y REPLACE NON-RESIDENTIAL SIGNS DAMAGED BY HURRICANE WILMA PURSUANT TO RESOLUTION NO. 2005-363 FOR A TEMPORARY PERIOD OF TIME; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, because Hurricane Wilma posed a serious threat to the lives and property of the residents of Collier County, on Oc~ober 20, 2005, the Board of County Commissioners (Board) adopted Proclamation/Resolution No. 2005-363, which declared a local State of Emergency, effective immediately for all territories in the incorporated and unincorporated areas of Collier County; and WHEREAS, because Hurricane Wilma caused extensive damage to public utilities, public buildings, public communication systems, public streets and roads, public drainage systems, commercial and residential buildings, and other structures, and significant damage to existing vegetation including required landscape buffers on properties with residential and non- residential zoning designations, the Board adopted Proclamation/Resolution No. 2005-367, which extended the local State of Emergency to November 1,2005; and WHEREAS, due to the extensive damage and destruction brought by Hurricane Wilma, the Board recognizes that the citizens of Collier County must repair and replace multiple buildings and other structures, including signs, and replace required landscape buffers, and that in the course of repair and replacement of signs, certain businesses and other entities may need to use banners as temporary signs, and that damage to local and statewide landscape nurseries may cause a delay for property owners to acquire and replace the required landscape buffer vegetation, and where storm damaged vegetation may pose an immediate threat to health, safety and welfare of the public; and WHEREAS, Resolution No. 2005-382 regulates the fees for banners, Section 4.06.05.J.2.of the Collier County Land Development Code regulates the required time frame for replacement vegetation, and Section 10.02.06.J of the Collier County La~d r.kvelopment Code regulates tree removal permits; and WHEREAS, it is the intention of the Board to provide the citizens of Collier County opportunities to replace required vegetation and code permitted non-residential signs damaged or destroyed by Hurricane Wilma but also to provide business'es and other entities opportunities to use banners temporarily at a reduced cost, and to suspend enforcement of the current 30-day replacement rule for code required landscape buffers to 4 months, and to provide administrative I r , authority to extend that replacement time for required landscape buffers up to a period of 6 months, and to suspend enforcement of the current requirement to obtain a tree removal permit for a period of 4 months. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The Board of County Commissioners directs the County Manager or his designee to issue temporary use permits to businesses and other entities seeking to permit banners under Section 5.06.04 C. and Section 10.02.06 G. of the Land Development Code of Collier County, Florida, for banners which would temporarily replace signs damaged or destroyed by Hurricane Wilma on October 24, 2005, and otherwise would be prohibited under Section 5.06.06 of the Land Development Code of Collier County, Florida, for a fee of $25.00 per banner so that such reduced fees will remain in effect for a period not to exceed six (6) months from the Board's a,doption of this Resolution. 2. The Board of County Commissioners directs the County Manager to suspend enforcement of Section 4.06.05.1.2. of the Land Development Code of Collier County, Florida with regard to replacement of code required landscape buffers for a period not to exceed 4 months from the Board's adoption of this Resolution and grants the authority to the County Manager or his designee to extend that period of time up to a total of 6 months if in his discretion after the 4-month period he determines that landscape replacement resources continue to be scarce. 3. The Board of County Commissioners directs the County Manager to suspend enforcement of Section 10.02.06.1 of the Collier County Land Development Code which requires a tree removal permit, for a period of 4 months for trees damaged by Hurricane Wilma that pose a threat to the health, safety and welfare of citizens, and require removal. This Resolution adopted after motion, second and majority vote. .1-6 J\~/&ypi'~r Done this ~ 9 day of ,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA .~...,': \';.":' . f.;:r'~1 .' (, ~W~ ,. ,J ..-t. 2, Atttst ~'.' fB.:: FRED W. COYLE, CHA AN ':':.) ston~.it..0A1J ;- '}".,:";,...".,,.__.\"~:....,~ Approved as 'to 'form and legal sufficiency: '. '0)1. ~~I-~-~~~(j Marjori tudent-S tirling Assistant County Attorney 2 ---~'-'---- ~ 1 ..-.-...-- ._,~-- -.-