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DSAC Agenda 04/03/2019April 3, 2019 3:00 PM 2800 N. Horseshoe Drive Growth Management Department If you have any questions or wish to meet with staff, please contact Judy Puig at 252-2370 DSAC Meeting Page 1 of 1 DEVELOPMENT SERVICES ADVISORY COMMITTEE AGENDA April 3, 2019 3:00 p.m. Conference Room 610 NOTICE: Persons wishing to speak on any Agenda item will receive up to three (3) minutes unless the Chairman adjusts the time. Speakers are required to fill out a “Speaker Request Form,” list the topic they wish to address and hand it to the Staff member seated at the table before the meeting begins. Please wait to be recognized by the Chairman and speak into a microphone. State your name and affiliation before commenting. During the discussion, Committee Members may direct questions to the speaker. Please silence cell phones and digital devices. There may not be a break in this meeting. Please leave the room to conduct any personal business. All parties participating in the public meeting are to observe Roberts Rules of Order and wait to be recognized by the Chairman. Please speak one at a time and into the microphone so the Hearing Reporter can record all statements being made. I. Call to Order – Chairman II. Ap proval of Agenda III. Approval of Minutes from March 6, 2019 IV. Public Speakers V. Staff Announcements/Updates A. Code Enforcement Division update – [Mike Ossorio] B. Public Utilities Department update – [Eric Fey or designee] C. Growth Management Department Transportation Engineering Division & Planning Division updates – [Jay Ahmad or designee] D. Collier County Fire Review update – [Shar Beddow or Shawn Hanson] E. North Collier Fire Review update – [Capt. Sean Lintz or Daniel Zunzunegui] F. Operations & Regulatory Mgmt. Division update – [Ken Kovensky] G. Development Review Division update – [Matt McLean] VI. New Business A. Permitting appointment for submittal of paper permit [Claudine Auclair] B. LDC Amendments [Jeremy Frantz] C. Potential Arsenic Impacts In Fill Dirt [Chard Ward] VII. Old Business VIII. Committee Member Comments IX. Adjourn Next Meeting Dates: May 1, 2019 GMD conference Room 610 – 3:00 pm June 5, 2019 GMD conference Room 610 – 3:00 pm July 3, 2019 GMD conference Room 610 – 3:00 pm August 7, 2019 GMD conference Room 610 – 3:00 pm March 6, 2019 1 MINUTES OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE MEETING Naples, Florida, March 6, 2019 LET IT BE REMEMBERED, the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:00 P.M. in REGULAR SESSION at the Collier County Growth Management Department Building, Conference Room #609/610, 2800 N. Horseshoe Drive, Naples, Florida, with the following members present: Chairman: William J. Varian Vice Chairman: Blair Foley David Dunnavant James E. Boughton Clay Brooker Chris Mitchell (Excused) Robert Mulhere Mario Valle Norman Gentry (Excused) Marco Espinar Laura Spurgeon DeJohn Jeremy Sterk Jeff Curl John English Mark McLean ALSO PRESENT: Jamie French, Deputy Department Head Judy Puig, Operations Analyst, Staff Liaison Loraine Lantz Transportation Planning Paul Mattausch, Sr. Project Manager, Public Utilities Jeremy Frantz, LDC Manager Mike Ossorio, Director, Code Enforcement Division Matt McLean, Director, Development Review Rich Long, Director, Plans Review and Inspections Ken Kovensky, Director, Operations and Regulatory Management Cormac Giblin, Housing and Grants Manager March 6, 2019 2 Any persons in need of the verbatim record of the meeting may request a copy of the audio recording from the Collier County Growth Management Department. I. Call to Order - Chairman Chairman Varian called the meeting to order at 3:00 p.m. II. Approval of Agenda Mr. Valle moved to approve the Agenda. Second by Mr. Curl. Carried unanimously 9 - 0. III. Approval of Minutes from February 6, 2019 Meeting Mr. Foley moved to approve the minutes of the February 6, 2019 meeting as presented. Second by Mr. Mulhere. Carried unanimously 9 - 0. Mr. McLean arrived at 3:05 p.m. IV. Public Speakers None V. Staff Announcements/Updates A. Code Enforcement Division update – [Mike Ossorio] Mr. Ossorio provided the report “Code Enforcement Division Monthly Report February 22, – March 21, 2019 Highlights”” for informational purposes. He reported that staff has completed their mapping project including identifying areas of repeat violations and the County is reviewing the requirements for short term rentals in residential zones to determine if any changes are necessary. B. Public Utilities Division update – [Tom Chmelik or designee] Mr. Mattausch submitted the monthly report on response times for “Letters of Availability, Utility Deviations and FDEP Permits” for informational purposes. He noted:  That the requests for Letters of Availability increased 3 fold recently with response times at 16 days. The requests are beginning to decrease so the response times should shorten in accordance.  Deviation request remain steady and the Division is working on a parallel response process to streamline responses.  The update to the Utility Standards Manual is on hold.  The Policy, Conveyance and Procedures requirements are being updated by the consultant.  The update to the “Ten Year Water Supply Facilities Work Plan” is ongoing. Mr. Espinar arrived at 3:10 p.m. Ms Spurgeon-DeJohn arrived at 3:11 p.m. C. Growth Management Department/Transportation Engineering and/or Planning – [Jay Ahmad or designee] Ms. Lantz reported:  That the proposed improvements to Whippoorwill Lane are scheduled to be heard by the Board of County Commissioners on April 9th.  A public meeting will be held for the Randall Blvd/Oil Well Road Corridor Study on March 27th with recommendations to be presented to the Board of County Commissioners on May 14th. March 6, 2019 3 Mr. Dunnavant arrived at 3:12 p.m. D. County Fire Review update – [Shar Beddow and/or Shawn Hanson] None E. North Naples Fire Review update – [[Capt. Sean Lintz and Daniel Zunzunegui] Mr. Zunzunegui reported that turnaround times are as follows: Building Plan review – 447 applications at 6 days; Site Plan reviews – 4 days; Inspections – 1 day. F. Operations & Regulatory Mgmt. Division update [Ken Kovensky] Mr. Kovensky submitted the “Collier County February 2019 Monthly Statistics” which outlined the building plan and land development review activities. The following was noted during his report:  That there were 3,800 permit applications in February with 200 single or two family dwelling permits issued.  The month yielded 23,000 inspections.  Hurricane Irma related permits are at 13 – 14 percent of total with electronic applications are at a rate of 53 percent.  Staff will be holding electronic submittal training exercises for any interested parties on March 20th – 22nd.  The CAPTCHA security check was implemented on the web site portal.  Staff is close to executing a contract with a vendor for online credit card processing of application fees, pending receipt of their Certificate of Insurance.  Staff will begin budget preparation in anticipation of Board of County Commissioner Workshops in May.  Staff continues to monitor time frames for permit reviews in order to ensure proper customer service. G. Development Review Division update [Matt McLean] Mr. McLean reported:  That the applications in February increased compared to the same time frame over the past two years.  Staff reviewed requirements to address Bald Eagles including consultations with the Florida Fish and Wildlife Conservation Commission in order to streamline the process.  The website is being updated including new application forms. VI. New Business A. Explore Regulatory Relief for Affordable Housing Land Use Applications [Cormac Giblin] Mr. Giblin reported:  That the Board of County Commissioner directed staff to develop recommendations for providing regulatory relief for Affordable Housing Land Use applications.  The directive included working with various interested parties and DSAC to develop the recommendations.  He requested the Committee provide input on design standards, etc. The Committee determined the item should be remanded to the Subcommittee for review and provision of recommendations to the full Committee. A Member with comment should provide March 6, 2019 4 them to Staff so they may be forwarded to the Subcommittee for consideration. VII. Old Business None VIII. Committee Member Comments None IX. Adjourn Next Meeting Dates April 3, 2019 GMD Conference Room 610 – 3:00 pm May 1, 2019 GMD Conference Room 610 – 3:00 pm June 5, 2019 GMD Conference Room 610 – 3:00 pm ***** There being no further business for the good of the County, the meeting was adjourned by the order of the Chair at 3:40PM. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE ______________________________________ Chairman, William Varian These Minutes were approved by the Board/Chairman on ______________________________________, as presented ____________, or as amended _____________. This report reflects monthly data from: February 22, 2019 thru March 21, 2019 Code Enforcement Division Monthly Report February 22, 2019 – March 21, 2019 Highlights • Cases opened: 746 • Cases closed due to voluntary compliance: 451 • Property inspections: 2768 • Lien searches requested: 1247 Trends 0 100 200 300 400 500 600 700 800 900 625 650 559 510 619 772 668 806 642 654 730 746 Cases Opened Per Month 0 500 1000 1500 2000 2500 3000 Apr-18 May-18 Jun-18 Jul-18 Aug-18 Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19 Mar-19 2452 2569 2425 2417 2760 2849 2630 2999 2683 2048 2861 2768 Code Inspections per Month This report reflects monthly data from: February 22, 2019 thru March 21, 2019 0 50 100 150 200 250 300 350 400 450 500 Bayshore Immokalee 44 57 270 455 CRA Case Opened Monthly 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 2018 2019 2204 775 8177 1377 Origin of Case This report reflects monthly data from: February 22, 2019 thru March 21, 2019 February 22, 2019 – March 21, 2019 Code Cases by Category Case Type Common issues associated with Case Type Accessory Use – Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals – Prohibited animals, too many animals, etc. Commercial - Shopping carts Land Use – Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement – Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing – Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements – Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. Accessory Use 2%Animals 2% Commercial 0% Land Use 10%Noise 2% Nuisance Abatement 23% Occupational Licensing 1%Parking Enforcement 4%Property Maintenance 11% Right of Way 3% Signs 3% Site Development 16% Temporary Land Use 0% Vegetation Requirements 2% Vehicle for Hire 0% Vehicles 20% March Code Cases by Category This report reflects monthly data from: February 22, 2019 thru March 21, 2019 January 22, 2019 – February 21, 2019 Code Cases by Category Case Type Common issues associated with Case Type Accessory Use – Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals – Prohibited animals, too many animals, etc. Commercial - Shopping carts Land Use – Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement – Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing – Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements – Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. This report reflects monthly data from: February 22, 2019 thru March 21, 2019 December 22, 2018 – January 21, 2019 Code Cases by Category Case Type Common issues associated with Case Type Accessory Use – Fence permits, fence maintenance, canopies, shades, guesthouse renting etc. Animals – Prohibited animals, too many animals, etc. Commercial - Shopping carts Land Use – Prohibited land use, roadside stands, outdoor storage, synthetic drugs, zoning issues, etc. Noise - Construction, early morning landscaping, bar or club, outdoor bands, etc. Nuisance Abatement – Litter, grass overgrowth, waste container pits, exotics, etc. Occupational Licensing – Home occupation violations, no business tax receipts, kenneling. etc. Parking Enforcement - Parking within public right-of-way, handicap parking, etc. Property Maintenance - Unsanitary conditions, no running water, green pools, structure in disrepair, etc. Protected Species - Gopher Tortoise, sea turtles lighting, bald eagles, etc. Right of Way - Construction in the public right-of-way, damaged culverts, obstruction to public right-of-way, etc. Signs - No sign permits, illegal banners, illegal signs on private property, etc. Site Development -Building permits, building alterations, land alterations, etc. Temporary Land Use - Special events, garage sales, promotional events, sidewalk sales, etc. Vegetation Requirements – Tree maintenance, sight distance triangle, tree pruning, land clearing, landfill, preserves, etc. Vehicles - License plates invalid, inoperable vehicles, grass parking, RV parking, other vehicle parking etc. Public Utilities DepartmentEngineering and Project Management Division1 1 1247513108121411192213252264341430246810121416051015202530Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19RequestsBusiness DaysResponse Time - Letters of AvailabilityRequests CompletedMinimumAverageMaximumRequests Received Public Utilities DepartmentEngineering and Project Management Division222222655355121419111712024681012141618200123456789Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19RequestsBusiness DaysResponse Time - Utility DeviationsRequests CompletedSufficiency Review TimeSubstantive Review TimeRequests Received Public Utilities DepartmentEngineering and Project Management Division465754342122141845301073544024681012051015202530Sep-18 Oct-18 Nov-18 Dec-18 Jan-19 Feb-19RequestsBusiness DaysResponse Time - FDEP PermitsRequests CompletedInitial Review TimeRevision Review TimeDirector Approval TimeRequests Received UTILITY PLANNING RESOURCES PAGES FOR ENGINEERING AND PROJECT MANAGEMENT WEBSITE A Utility Planning Resources page was added to the EPMD site navigation bar. The first sub-element was added for FDEP Permit Application resources. See navigation bar to the left. After clicking the link in the navigation bar, the user is taken to a subpage that contains the downloadable resources to assist the user with the preparation of the various applications. Links to downloadable templates for each of the water treatment and wastewater treatment plants. There are 2 more resources included in the FDEP subpage that will have links attached to the referenced documents. Plans for the future of the Utility Planning Resources web page will be adding subpages as planning tools are developed in anticipation of user needs. All pages shown are live currently. Utility Planning Resources | Collier County, FL https://www.colliercountyfl.gov/your-government/departments/public-utilities-department/public-utilities-engineering-and-project-management/utility-planning-resources[3/28/2019 10:39:41 AM] Home Your Government Residents Visitors Doing Business I Want To... Site Map Collier County PrintFeedbackFont Size: Utility Planning Resources (Under Construction) UTILITY PLANNING APPLICATION RESOURCES Use the navigation on the left to select the application resource you are looking for. These links are for the use of the engineering community to assist with the preparation of FDEP Permit Applications and Utility Deviations. Using the templates and calculators can reduce preparation and approval times. Revised FDEP Permit Applications may be sent to UtilityPlanning@colliercountyfl.gov Your Government » Departments » Public Utilities Department » Public Utilities Engineering and Project Management » Share & Bookmark Public Utilities Engineering and Project Management- Utility Billing & Customer Service Contact Neighborhood Utility Projects Utilities Standards Manual Utility Details Appendices Water Meter Sizing Forms Water and Wastewater Impact Fee Form Ordinance 2014 Water and Wastewater Master Plans Utility Planning Resources- FDEP Permit Application Resources Careers Online Services FAQs Employees Org Chart Select LanguageGO Naples Pier Live Camera Feed FDEP Permit Application Resources | Collier County, FL https://www.colliercountyfl.gov/your-government/departments/public-utilities-department/public-utilities-engineering-and-project-management/utility-planning-resources/fdep-permit-application-resrouces[3/28/2019 10:38:47 AM] PrintFeedbackFont Size: FDEP Permit Application Resources FDEP PERMIT APPLICATION TEMPLATES (The Links will download .zip files of each type of application) REVISED FDEP Permit Applications should be sent to utilityplanning@colliercountyfl.gov Water - Construction of Water Main Extensions For PWS North and South County Water Treatment Plants (NCWTP, SCWTP) Orange Tree Water Treatment Plant (OTWTP) Wastewater - Constructing a Domestic Wastewater Collection/Transmission System North County Water Reclamation Facilities (NCWRF) South County Water Reclamation Facilities (SCWRF) Golden Gate Wastewater Treatment Plant (GGWWTP) Northeast Utility Wastewater Treatment Plant (NEUWWTP) Zip File of All FDEP Permit Application Templates Calculator (coming soon) Wastewater Flow Calculations (Excel .xls format) Your Government » Departments » Public Utilities Department » Public Utilities Engineering and Project Management » Utility Planning Resources » Share & Bookmark Public Utilities Engineering and Project Management- Utility Billing & Customer Service Contact Neighborhood Utility Projects Utilities Standards Manual Utility Details Appendices Water Meter Sizing Forms Water and Wastewater Impact Fee Form Ordinance 2014 Water and Wastewater Master Plans Utility Planning Resources- FDEP Permit Application Resources Careers Online Services FAQs Employees Org Chart Select LanguageGO Naples Pier Live Camera Feed FDEP Permit Application Resources | Collier County, FL https://www.colliercountyfl.gov/your-government/departments/public-utilities-department/public-utilities-engineering-and-project-management/utility-planning-resources/fdep-permit-application-resrouces[3/28/2019 10:38:47 AM] Home Your Government Residents Visitors Doing Business I Want To... Site Map Collier County Government 239-252-8999 ADA Accessibility Information © 2019 Collier County, FL. All Rights Reserved. | Website Design by Granicus - Connecting People and Government Collier County 60°F Clear Checklists (coming soon) The checklist and example text is meant as an aid in preparing the FDEP form and does not relieve the preparer of responsibility to provide complete and accurate information. The checklist does not need to be submitted with the form. Water Checklist Wastewater Checklist 1 FeyEric From:FeyEric Sent:Thursday, March 14, 2019 11:07 AM To:NicholsonJoanna Subject:Sent from Snipping Tool This statement pertains to the potable water-only meter sizing form posted on the “Impact Fee Schedules and Forms” webpage and does not belong on our “Water Meter Sizing Forms” webpage (link below). https://www.colliercountyfl.gov/your-government/divisions-f-r/public-utilities-planning-and-project- management/water-only-meter-application We need to include a link to the Impact Fees webpage on our webpage. We used to have this, but somehow lost it. Water Meter Sizing Forms This application should be used for potable water. Water Meter Sizing Form PDF Water Meter Sizing Form Excel For any other use that is unsewered, please use the water meter sizing forms here. NEWS EVENTS 03-26-2018 Red Tide Sampling 3/28/2019 10:17:00 AM Bayshore Beautification Municipal Service Taxing Unit Advisory Committee 3/27/2019 2:00:00 PM Joint Workshop Collier County Board of County Commissioners Collier County Community Redevelopment Agency Board Immokalee Local Redevelopment Advisory Board Bayshore/Gateway Triangle Local Redevelop 3/27/2019 2:00:00 PM Collier County Code Enforcement Board 9 a.m. 03/28/2019 9:00 AM Collier County Hearing Examiner 9 a.m. 03/28/2019 9:00 AM Selection Committee Meeting 19-7525 Annual Agreement for General Contractors 03/28/2019 3:00 PM - 4:00 PM Page 1 of 1Water Meter Sizing Forms | Collier County, FL 3/28/2019https://www.colliercountyfl.gov/your-government/divisions-f-r/public-utilities-planning-an... \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Memo to DSAC Airport Zoning 3-27-19.docx Memorandum To: Development Services Advisory Committee From: Ellen Summers, Senior Planner Date: April 3, 2019 Re: Airport Zoning LDC Amendment The enclosed LDC amendment was reviewed by the Development Services Advisory – Land Development Review (DSAC-LDR) Subcommittee on December 18, 2018. At that time, staff informed the DSAC-LDR Subcommittee that the Immokalee Airport is currently undergoing a master plan update. This update may impact the runway configurations as well as the runway types (utility, non-precision, or visual) that are listed within tables 4-8 of the LDC amendment and subsequently the Immokalee Airport map located within Appendix D. It is important to note that each of the surface standards described within LDC Section 4.02.06 C.- J., and Tables 4-8, reflect the federal obstruction standards contained in 14 C.F.R. part 77, subpart C. The potential change to the amendment will reflect on the new runway types and configurations, and the federal standards based on that information. Given this information, the DSAC-LDR Subcommittee recommended approval of the LDC amendment and acknowledged the potential need to update runway types prior to Planning Commission review. Therefore, the LDC amendment will not be brought before the Planning Commission until the airport master plan changes are approved by the Board of County Commissioners (BCC). It is expected that the Immokalee Airport Master Plan will be brought before the BCC sometime in April. Please contact me if you have any questions. Sincerely, Ellen Summers, Senior Planner Ellen.Summers@colliercountyfl.gov (239) 252-1032 1 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 LAND DEVELOPMENT CODE AMENDMENT PETITION PL20180001993 SUMMARY This amendment proposes a new review process for airspace obstructions within Collier County and proposes new compatibility regulations based on the requirements within Chapter 333, Florida Statutes (F.S.). LDC SECTIONS TO BE AMENDED 2.03.07 Overlay Zoning Districts 4.02.06 Standards for Development in Airport Zones Appendix D Airport Zoning ORIGIN Growth Management Department HEARING DATES BCC TBD CCPC TBD DSAC 4/3/2019 DSAC-LDR 10/16/2018 and 12/18/2018 ADVISORY BOARD RECOMMENDATIONS DSAC-LDR Approved DSAC TBD CCPC TBD BACKGROUND In 2016, the provisions within Chapter 333, F.S., were modified with the passing of HB 7061. The changes to Chapter 333, F.S., include: modifications and additions to the existing defined terms; updates to the standards for airport land use compatibility zoning regulations; updates to the appeals and judicial review processes; updates to the criteria for Florida Department of Transportation (FDOT) evaluation of airport protection zoning permit applications; and updates to the criteria and processes for political subdivisions’ airport protection zoning regulations. Section 333.03, F.S. states that political subdivisions having airport protection zoning regulations must, at a minimum, require: • A permit for the construction or alteration of any obstruction; • Obstruction marking and lighting for obstructions; • Documentation showing compliance with the federal requirement for notification of proposed construction or alteration of structures and a valid aeronautical study submitted by each person applying for a permit; • Consideration of the criteria in section 333.025(6), F.S., when determining whether or issue or deny a permit; and • That the approval of a permit not be based solely on the determination by the Federal Aviation Administration that the proposed structure is not an airport hazard. Additionally, section 333.135, F.S., requires any airport zoning regulation that conflicts with Ch. 333, F.S. to be amended for conformity. To comply with the requirements of Ch. 333. F.S., the following changes to LDC section 4.02.06 have been made: (1) A new Definitions section that references Ch. 333, F.S. The referenced definitions, as amended, will be applicable to terms utilized within this section. 2 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 (2) A new Requirements for Airspace Obstructions section was added to create a new process for reviewing potential airspace obstructions and hazards. This process was previously under the jurisdiction of the FDOT and deemed a variance process. The specific considerations for approving or denying airspace obstructions have been established by Ch. 333, F.S., which have been incorporated into this LDC section. This added section also includes the requirements of airspace obstruction marking and lighting. (3) The Airport Land Use Restrictions section was renamed to Airport Land Use Compatibility Regulations. This section has also been updated to address airport land use compatibility regulations that relate to the prohibition of new landfills and the restriction of existing landfills, within a certain proximity to airports. (4) Throughout the text, terminology updates have been made for consistency with state and federal regulations. The following additional changes, that are not a direct result of the update to Ch. 333, F.S, have been made: (1) LDC section 2.03.07 C has been updated to include a reference to the airport maps within Appendix D and to the Official Zoning Atlas, and to the additional regulations set forth within LDC section 4.02.06. (2) The information within Tables 4-8 have been updated with assistance from the Naples Airport Authority (NAA) and Collier County Airport Authority (CCAA). The updates reflect the accurate runway numbers and correlated runway t ype. (3) The Exemptions section has been relocated for organizational purposes and contains no change to content. (4) In coordination with the NAA and the CCAA, the Naples Airport Map, the Marco Island Executive Airport Map, and the Immokalee Airport Map, located within Appendix D of the LDC, have been replaced with new maps. The existing maps have become outdated and are illegible. The maps play an important role in visually depicting the various airspace surfaces, identified within LDC section 4.02.06, and aid in determining height limitations for obstructions. The new maps accurately reflect the location and scope of the different airspace surfaces that have changed based on the updates to the airport’s master plans. For instance, the existing surface contours on the Naples Airport Map that extend NE to SW are noticeably missing from the new map, this is due to an approach surface that no longer exists. FISCAL & OPERATIONAL IMPACTS There will be operational and fiscal impacts to the County due to this amendment. The amendment will require an additional component of review for airspace obstructions and will require additional zoning reviews for building permits that would not have previously been required. GMP CONSISTENCY The proposed amendment is deemed consistent with the GMP. EXHIBITS: A) Implementation of Airspace Obstruction Review B) Chapter 333 Florida Statutes DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 3 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 Amend the LDC as follows: 1 2.03.07 – Overlay Zoning Districts 2 A. Corridor Management Overlay (CMO). 3 * * * * * * * * * * * * * 4 C. Airport Overlay (APO). The purpose and intent of the (APO) district is to provide both 5 airspace protection and land use compatibility in relation to the normal operation of public-6 use airports located within the County, including the Naples Municipal Airport, Everglades 7 City Airpark, Marco Island Executive Airport, Immokalee Regional Airport, and all existing 8 and future public-use airports and heliports in the County. The purpose and intent of these 9 regulations shall be as follows: 10 1. To attempt to promote maximum safety of aircraft arriving at and departing from 11 all public-use airports located within the County; 12 a. To attempt to promote maximum safety of residents and property within 13 areas surrounding public-use airports located within the County; 14 b. To attempt to promote full utility of the public-use airports within the County; 15 c. To provide development standards for land uses within prescribed noise 16 zones associated with the normal operation of public-use County airports; 17 d. To provide building height standards for use within the approach, 18 transitional, horizontal, and conical zonessurfaces so as to encourage and 19 promote proper development beneath such areas; 20 e. To provide administrative and enforcement procedures for the efficient and 21 uniform regulation of all development proposals within such areas; and 22 f. That in addition to the regulations applicable to land zoned, as indicated in 23 the Official Zoning Atlas, the following regulations are additionally 24 applicable to lands in the County in the vicinity of the Naples Municipal, 25 Everglades, Marco Island, and Immokalee airports as indicated on the 26 airport zoning maps of the County. The APO is shown on the Airport Zoning 27 Maps in Appendix D, and the boundaries of the APO are identified on the 28 Official Zoning Atlas with a reference to Appendix D. The Llands lying 29 within various zonessurfaces as indicated on the airport zoning maps are 30 subject to the additional regulations set out in thisLDC sSection 4.02.06. 31 * * * * * * * * * * * * * 32 # # # # # # # # # # # # # 33 34 4.02.06 - Standards for Development within the Airport Overlay (APO)Zones 35 A. Definitions. The definitions of Chapter 333, F.S, Airport Zoning, as amended, shall be 36 applicable to the terms of this section, unless the text and/or context of this section 37 provides otherwise. 38 AB. There are hereby created and established certain surfaces, which include all of the land 39 lying beneath the approach, transitional, primary, horizontal, and conical surfaces, and 40 other surfaces upon which an obstruction may be established as they apply to public-use 41 a particular airports. The surfaces Such zones are shown on the Naples Municipal, Marco 42 Island Executive, Everglades City, and Immokalee Regional Airport zoning maps, 43 contained within Appendix D of the LDC and declared to be made a part of this LDC. An 44 area located in more than one of the described zones surfaces is subject to the most 45 restrictive surface standard considered to be only in the zone with the most restrictive 46 height limitation. 47 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 4 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 BC. Primary surface. An area longitudinally aligned along the runway centerline, extending 1 200 feet beyond each end of the runway with the width so specified for each runway for 2 the most precise approach existing or planned for either end of the runway. 3 CD. Primary surface height. No structure or obstruction will be permitted within the primary 4 surface area that is not part of the landing and takeoff area and is of greater height than 5 the nearest point on the runway centerline with the exception of FAA approved navigation 6 aids. 7 DE. The width of each primary surface is as follows: 8 Table 4. Primary Surface Width 9 Airports Runway Type Width (feet) Naples Municipal 14-32 Other than utility/non-precision instrument 500 5-23 Other than utility/non-precision instrument 1,000 500 Marco Island Executive Airport 17-35 Other than utility/non-precision instrument 500 Everglades City Airpark 15-33 Utility/Visual 250 Immokalee Regional Airport 9-27 Other than utility/ non-precision instrument 1,000 500 18-36 Other than utility/non-precision instrument 500 4-22 Utility/Visual 250 10 EF. Horizontal zone surface. A horizontal plane 150 feet above the established airport 11 elevation, the perimeter of which is constructed by swinging arcs for specified radii from 12 the center of each end of the primary surface of each runway of each airport and 13 connecting the adjacent arcs by lines tangent to those arcs. The radius of each arc is as 14 follows: 15 Table 5. Horizontal Zone Surface Radius 16 Airports Runway Type Radius (feet) Naples Municipal 14-32 Other than utility/non-precision instrument 10,000 5-23 Other than utility/non-precision instrument 10,000 Marco Island Executive Airport 17-35 Other than utility/non-precision instrument 10,000 Everglades City Airpark 15-33 Utility/Visual 5,000 Immokalee Regional Airport 9-27 Other than utility/ non-precision instrument 10,000 18-36 Other than utility/non-precision instrument 10,000 4-22 Utility/Visual 5,000 17 FG. Horizontal zone surface height. No structure or obstruction will be permitted in the 18 horizontal zone surface that has a height greater than 150 feet above the airport height. 19 GH. Conical zone surface. The conical zone surface is the area extending outward and upward 20 from the periphery of the horizontal zone surface for a distance of 4,000 feet. Height 21 limitations for structures in the conical zone surface are 150 feet above airport height at 22 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 5 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 the inner boundary with permitted height increasing one (1) foot vertically for every twenty 1 (20) feet of horizontal distance measured outward from the inner boundary to a height of 2 350 feet above airport height at the outer boundary. 3 HI. Approach zone surface. The approach zone surface is an area longitudinally centered on 4 the extended runway centerline and extending outward and upward from each end of the 5 primary surface. An approach zone surface is designated for the end of each runway 6 based upon the type of approach available or planned for that runway end. 7 1. Approach zone surface width. The inner edge of the approach zone surface is the 8 same width as the primary surface. The outer width of the approach zone surface 9 is prescribed for the most precise approach existing or planned for that runway 10 end expanding uniformly to the following widths: 11 Table 6. Approach Zone Surface Width (feet) 12 Airports Runway Type Width Naples Municipal 14-32 Other than utility/non-precision instrument 3,500 5 Other than utility/non-precision instrument 16,000 3,500 23 Other than utility/non-precision instrument 16,000 3,500 Marco Island Executive Airport 17-35 Other than utility/non-precision instrument 3,500 Everglades City Airpark 15-33 Utility/visual 1,250 Immokalee Regional Airport 9 Other than utility/non-precision instrument 16,000 4,000 27 Other than utility/non-precision instrument 3,500 18 Other than utility/non-precision instrument 3,500 36 Other than utility/visualnon-precision instrument 1,500 3,500 4-22 Utility/visual 1,250 13 2. Approach zone surface lengths. The approach zone surface extends for the 14 applicable horizontal distance as follows: 15 Table 7. Approach Zone Surface Length (feet). 16 Airports Runway Type Length Naples Municipal 14-32 Other than utility/non-precision instrument 10,000 5 Other than utility/non-precision instrument 10,000 23 Other than utility/non-precision instrument 50,000 10,000 Marco Island Executive Airport 17-35 Other than utility/non-precision instrument 10,000 Everglades City Airpark 15-33 Utility/visual 5,000 Immokalee Regional Airport 27 Other than utility/non-precision instrument 10,000 9 Other than utility/non-precision instrument 5,000 10,000 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 6 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 18 Other than utility/non-precision instrument 10,000 36 Other than utility/visualnon-precision instrument 5,000 10,000 4-22 Utility/visual 5,000 1 3. Approach zone surface height. Permitted height limitation within the approach 2 zone surface shall not exceed the runway end height at the inner edge and 3 increases uniformly with horizontal distance outward from the inner edge as 4 follows: 5 Table 8. Approach Zone Surface Height. 6 Airports Runway Type Height Naples Municipal 14-32 Other than utility/non-precision instrument 34:1 5 Other than utility/non-precision instrument 50:0/40:1 34:1 23 Other than utility/non-precision instrument 50:1/40:1 34:1 Marco Island Executive Airport 17-35 Other than utility/non-precision instrument 2034:1 Everglades City Airpark 15-33 Utility/visual 20:1 Immokalee Regional Airport 9 Other than utility/non-precision instrument 50:1/40:1 34:1 27 Other than utility/non-precision instrument 34:1 18 Other than utility/non-precision instrument 34:1 36 Other than utility/visualnon-precision instrument 2034:1 4-22 Utility/visual 20:1 7 4. Precision instrument runway(s). One (1) foot vertically for every fifty (50) feet 8 horizontally for the first 10,000 feet, increasing to one (1) foot vertically for every 9 forty (40) feet horizontally for additional 40,000 feet. 10 5. Non-precision instrument runways. One (1) foot vertically for every thirty-four (34) 11 feet horizontally. 12 6. Visual runways. One (1) foot vertically for every twenty (20) feet horizontally. 13 IJ. Transitional zone surfaces. The area extending outward from the sides of the primary 14 surface and approach zones surfaces connecting them to the horizontal zone surface or 15 for a horizontal distance of 5,000 feet from the side of the part of the precision approach 16 zone surface that extends beyond the conical zone surface. Height limits within the 17 transitional zone surface are the same as the primary surface or approach zone surface 18 at the boundary line where it adjoins and increases at a rate of one (1) foot vertically for 19 every seven (7) feet horizontally, with the horizontal distance measured at right angles to 20 the runway centerline and extended centerline until the height matches the height of the 21 horizontal zone surface or for a horizontal distance of 5,000 feet from the side of the part 22 of the precision approach zone surface that extends beyond the conical zone surface. 23 JK. Heliport primary zone surface. The area of the primary zone surface coincides in size and 24 shape with the designated take-off and landing area of a heliport. This surface is a 25 horizontal plane at the established heliport elevation. 26 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 7 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 1. Heliport approach zone surface. The approach zone surface begins at each end 1 of the heliport primary zone surface with the same width as the primary zone 2 surface, and extends outward and upward for a horizontal distance of 4,000 feet 3 where its width is 500 feet. The slope of the approach zone surface is eight (8) to 4 one (1) (one (1) foot vertically for every eight (8) feet horizontally.) 5 2. Heliport transitional zone surface. These zones surfaces extend outward and 6 upward from the lateral boundaries of the heliport primary zone surface and from 7 the approach zone surface at a slope of two (2) to one (1) (one (1) foot vertically 8 for every two (2) feet horizontally) for a distance of 250 feet measured horizontally 9 from the centerline of the heliport primary and approach zone surface. 10 KL. Other areas. In addition to the height limitations imposed in LDC sections 4.02.06(EC)-11 (HK) above, no structure or obstruction will be permitted within Collier County that would 12 cause a minimum obstruction clearance altitude (MOCA), a minimum descent altitude 13 (MDA), decision height (DH), or a minimum vectoring altitude (MVA) to be raised nor which 14 would impose either the establishment of restrictive minimum climb gradients or 15 nonstandard takeoff minimums. 16 1. Except as expressly provided in these APO regulations this section of the LDC, no 17 structure or object of natural growth shall be erected, altered, allowed to grow, or 18 be maintained to a height which exceeds the height of any zone surface created 19 in these APO regulations. 20 2. Except as otherwise provided in these APO regulations this section of the LDC, no 21 structure, or object of natural growth shall be erected, altered, allowed to grow or 22 be maintained, which is or would be an result in a potential hazard obstruction to 23 air navigation within Collier County or of a height greater than by exceeding any of 24 the following: 25 a. A height of 500 feet above ground level at the site of the object. 26 b. A height that is 200 feet above ground level or above the established airport 27 elevation, whichever is higher, within three (3) nautical miles of the 28 established reference point of an airport, excluding heliports, with its 29 longest runway more than 3,200 feet in actual length, and that height 30 increases in the proportion of 100 feet for each additional nautical mile of 31 distance from the airport up to a maximum of 500 feet. 32 c. A height within a terminal obstacle clearance area, including an initial 33 approach segment, a departure area, and a circling approach area, which 34 would result in the vertical distance between any point on the object and 35 an established minimum instrument flight altitude within that area or 36 segment to be less than the required obstacle clearance. (Refer to FAR 37 77.23.(a.)(2)). 38 L. Exemptions. 39 1. Development of the Marco Shores Golf Course Community that comports with the 40 location and height requirements of Ordinance No. 81-6, as amended by 41 Ordinance No. 85-56 and Ordinance No. 94-41, is exempted from the provisions 42 of section 4.02.06 only to the following extent: 43 a. The agreement between Johnson Bay Development Corporation Collier 44 County Airport Authority and the BCC, dated August 8, 1995. 45 b. Prior issuance of a Federal Aviation Administration "Determination Of No 46 Hazard To Air Navigation." 47 2. Development of the Mini-Triangle Mixed Use Subdistrict of the Urban Designation. 48 Urban Mixed Use District of the Growth Management Plan that comports with 49 height requirements of Ordinance 2018-25, is exempted from the maximum 50 allowable horizontal zone height of 150 feet from the established elevation of the 51 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 8 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 Naples Airport, as established in LDC Sections 4.02.06.E. and 4.02.06.F. 1 Buildings are allowed up to 160 feet in height from the established elevation of the 2 Naples Airport. Development within the Mini-Triangle Mixed Use Subdistrict shall 3 comply with the conditions set forth in the Federal Aviation Administration letters 4 of “Determination Of No Hazard To Air Navigation”, dated January 20, 2017, or 5 any subsequent letters or extensions thereof. 6 M. Requirements for airspace obstructions. 7 1. Applicability. An airspace obstruction approval is required when a proposed 8 airspace obstruction exceeds one or more of the criteria established in LDC 9 Section 4.02.06 C-L. Review of airspace obstructions shall occur at the time of the 10 site development plan review, if applicable. If a site development plan is not 11 required, the airspace obstruction shall be reviewed at time of building permit 12 submittal. 13 2. Criteria for review. The airspace obstruction may not be approved solely on the 14 basis that the FAA determined that the proposed construction or alteration of an 15 obstruction was not an airport hazard. In determining whether to approve or deny 16 an airspace obstruction, the County Manager or designee, in coordination with the 17 affected airport, must also consider the following, as applicable: 18 a. The safety of persons on the ground and in the air. 19 b. The safe and efficient use of navigable airspace. 20 c. The nature of the surrounding terrain and height of existing structures. 21 d. The effect of the construction or alteration on the state licensing standards 22 for a public-use airport contained in Ch. 330, F.S. and administrative code 23 rules adopted thereunder. 24 e. The character of existing and planned flight operations and developments 25 at the public-use airport. 26 f. Federal airways, visual flight rules, flyways and corridors, and instrument 27 approaches as designated by the FAA. 28 g. The effect of the construction or alteration of the proposed structure on the 29 minimum descent altitudes or the decision heights at the affected airport. 30 h. The cumulative effects on navigable airspace of all existing structures and 31 other known proposed structures in the area. 32 3. Supplemental standards for the development of airspace obstructions: 33 a. The owner of the obstruction will be required to install, operate, and 34 maintain thereon and at their own expense, obstruction marking and 35 lighting in conformance with the specific standards established by the FAA. 36 MN. Airport land use restrictions. Notwithstanding any other provision of this LDC, no use may 37 be made of land or water within any zone surfaces established by this LDC in such a 38 manner as to interfere with the operation of an airborne aircraft. The following special 39 requirements shall apply to each permitted use: 40 1. All lights or illumination used in conjunction with street, parking, signs, or use of 41 land or structures shall be arranged and operated in such a manner that it is not 42 misleading to pilots or dangerous to aircraft operating to and from a public use 43 airport or in the vicinity thereof. 44 2. All flood lights, spot lights, or any type of pulsating, flashing, rotating, or oscillating 45 light shall be modified or prohibited if determined by the executive director who has 46 authority over that public airport to be a possible risk to safety of aircraft operation. 47 3. No operations of any type shall produce smoke, glare, or other visual impairment 48 to pilots within three (3) miles of any usable runway of a public airport. 49 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 9 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 4. No operations of any type shall produce electronic interference with navigation 1 signals or radio communication between the airport and aircraft, or other air traffic 2 control facility. 3 5. Land within runway clear zones (runway protection zones) shall be prohibited from 4 use for high density residential use, schools, hospitals, storage of explosives, or 5 flammable material, assemblage of large groups of people or any other use that 6 could produce a major catastrophe as a result of an aircraft crash. 7 6. Based on the possibility that solid waste management facilities may attract birds, 8 any solid waste management facility located so that it places the runways and/or 9 approach and departure pattern of an airport between bird feeding, water, or 10 roosting areas shall be considered as an incompatible use and is therefore 11 prohibited in and around the airports in Collier County.New landfills shall be 12 prohibited and existing landfills shall be restricted within the following areas: 13 a. Within 10,000 feet from the nearest point of any runway used or planned 14 to be used by turbine aircraft. 15 b. Within 5,000 feet from the nearest point of any runway used by only 16 nonturbine aircraft. 17 c. Outside the perimeters defined in 4.02.06 O.6.a-b. but still within the lateral 18 limits of the civil airport imaginary surfaces defined in 14 C.F.R. s. 77.19. 19 7. Where any landfill is located and constructed in a manner that attracts or sustains 20 hazardous bird movements from feeding, water, or roosting areas into, or across, 21 the runways or approach and departure patterns or aircraft. The landfill operator 22 must incorporate bird management techniques or other practices to minimize bird 23 hazards to airborne aircraft. 24 78. Any type of tethered dirigible, balloon, or other type of hovering or floating object 25 the height of which exceeds the airspace notification limits criteria outlined in LDC 26 section 4.02.06 EF. shall be is prohibited limited as provided in section 4.02.06 E. 27 89. No structure of any height, type or material shall be constructed or altered which 28 could possibly so as to cause interference to with any radio or airport surveillance 29 radar system electronic navigational aids or systems as determined by the Federal 30 Aviation Administration, or by the executive director who has jurisdiction over the 31 airport deemed to be effectedaffected. 32 NO. Naples Municipal Airport noise zones, land use restrictions, sound level requirements 33 (SLR) for buildings or structures, and SLR design requirements. 34 1. The purpose of this section 4.02.06 is to establish standards for land use and for 35 sound level reduction requirements with respect to exterior noise resulting from the 36 legal and normal operations at the airports within Collier County. This section 37 establishes noise zones of differing intensities and land use in the vicinity of the 38 Naples Municipal airport, as identified in the most recent Naples airport FAA Part 39 150 Study; establishes permitted land uses in the noise zones; establishes 40 soundproofing requirements for residential development within the noise zones; 41 and establishes notification procedures to prospective purchasers of real estate 42 within the noise zones. 43 2. In addition to the prior three (3) noise zones, there is hereby created and 44 established a fourth noise zone D; there are now noise zones A, B, C, and D. Such 45 zones are shown on the Naples Airport noise zone map(s) which are incorporated 46 and made a part herein and are described in LDC section 4.02.06 NO.3. below. 47 The noise zones contained herein are based on a projection of future aircraft 48 operations at the Naples Municipal Airport. The purpose of these noise zones is to 49 define and set forth specific regulations for all properties within the described 50 areas. 51 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 10 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 3. Noise zone boundaries. 1 a. Zone A. That area commencing at the outermost boundary of the airport 2 and extending outward therefrom to a boundary indicated on the noise 3 zone map as "B." The outer contour of noise zone A approximates a noise 4 level of seventy-five (75) Ldn. 5 b. Zone B. That area commencing at the boundary indicated on the noise 6 zone map as the outer boundary of noise zone A and extending outward 7 therefrom to the boundary indicated on the noise zone map as "C." The 8 outer contour of noise zone B approximates a noise level of seventy (70) 9 Ldn. 10 c. Zone C. That area commencing at the boundary indicated on the noise 11 zone map as the outer boundary of noise zone B and extending outward 12 therefrom to the boundary indicated on the noise zone map as "D". The 13 outer contour of noise zone C approximates a noise level of sixty-five (65) 14 Ldn. 15 d. Zone D. This new noise zone commences at the boundary indicated on the 16 noise zone map as the outer boundary of noise zone C and extending 17 outward therefrom to the furthermost boundary indicated on the noise zone 18 map. The outer contour of noise zone D approximates a noise level of sixty 19 (60) Ldn and is the Naples Airport noise zone (This area is referenced in 20 the 1996 Naples Airport FAA Part 150 Study). 21 4. Where boundaries of a described noise zone are shown to extend over a portion, 22 but not all, of a platted lot or unsubdivided property, the owner or owners of the 23 entire property will be notified of potential noise impact in accordance with notice 24 procedures set forth in Chapter 10. 25 a. Where boundaries of a described noise zone are shown to extend over a 26 portion, but not all of a platted lot or un-subdivided property, the owner or 27 owners of the entire property will be notified of potential noise impact in 28 accordance with notice procedures set forth in Chapter 10. 29 b. Where boundaries of more than one (1) described noise zone are shown 30 on a platted lot or unsubdivided property, provisions of the most restricted 31 zone shall apply. 32 5. Land use restrictions. 33 a. Permitted and restricted activities. All land uses shall be permitted in the 34 noise zone pursuant to the applicable zoning district and as provided in the 35 activities and/or land use guidance chart made a part hereof. Those 36 activities and land uses not specifically listed in the land use guidance chart 37 are permitted or restricted in the noise zones based on their similarity to 38 noise tolerance as exhibited by the activities and land uses which are listed 39 in the guidance chart. 40 b. Nonconforming uses. The regulations prescribed by this section shall not 41 be construed to require the sound conditioning or other changes or 42 alteration of any preexisting structure not conforming to this part as of the 43 effective date of this section or to otherwise interfere with the continuance 44 of any such preexisting nonconforming use. Nothing herein contained shall 45 require any such change in the construction of or alteration of a structure 46 which has commenced construction prior to the effective date of this 47 section and which is diligently pursued. 48 6. Sound level requirements (SLR) for buildings or structures. 49 a. The provisions of these APO special regulations shall apply to the 50 construction, alteration, moving, demolition, repair, and use of any building 51 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 11 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 or structure within unincorporated Collier County except work located 1 primarily in a public right-of-way, on public utility towers, poles, and 2 mechanical equipment not specifically regulated by these APOs 3 regulations. Additions, alterations, repairs, and changes of use in all 4 buildings and structures shall comply with the provisions of these APOs 5 regulations. 6 b. Buildings or structures constructed prior to the initial adoption of this 7 amended section, to which additions, alteration, or repairs are made to the 8 exterior walls and ceilings of rooms having one (1) or more exterior walls 9 or ceilings shall be required to meet the SLR requirements of these APOs 10 regulations. 11 c. Alterations or repairs which are nonstructural and do not affect the exterior 12 walls or ceilings of an existing building or structure may be made with the 13 same materials of which the building or structure is constructed and shall 14 not be required to meet the SLR requirements. 15 d. Buildings in existence at the time of the initial adoption of these APOs 16 regulations may have their existing use or occupancy continued if such use 17 or occupancy was legal at the time of the initial adoption of these APOs 18 regulations provided such continued use is not dangerous to life. A change 19 in the use of a structure may require additional sound level reduction. 20 e. Buildings or structures moved into or within the vicinity of the established 21 noise zone must comply with applicable provisions of these APOs 22 regulations. 23 f. The County Manger or his designee may approve any type construction 24 that complies with the SLR requirements of the activities and/or land use 25 guidance chart (appendix III of Appendix D). The SLR requirements 26 specified in appendix III of Appendix D shall be achieved by the use of 27 assemblies having the South Transmission Class Ratings specified in table 28 403.2, Minimum Sound Transmission of Assemblies, of the Southern 29 Building Code Congress International, Inc., Standard for Sound Control, 30 SSTD 8-87, incorporated herein and adopted by reference as appendix IV 31 of appendix D. 32 g. The SLR requirements of the land use guidance chart at appendix III of 33 Appendix D may be achieved by any suitable combination of building 34 design, choice of building materials, and execution of construction details 35 in accordance with established architectural and acoustical principles. The 36 SLR requirements shall apply to the exterior walls and ceilings only of all 37 rooms having one (1) or more exterior walls or ceilings. Regulations to 38 achieve the SLR requirements specified in appendix III of Appendix D, shall 39 be found in appendix IV of Appendix D and shall be used by the County 40 Manger or his designee during the building plan review process. 41 h. No building or structure for which an SLR 25, SLR 30, or SLR 35 is required 42 by appendix III of Appendix D may be constructed, altered, moved, 43 demolished, or repaired unless and until a building permit has been issued. 44 No such permit shall be issued unless and until the requirements contained 45 in appendix III of Appendix D are met as indicated by plans and 46 specifications for the building or structure. Such plans and specifications 47 shall result in a sound level reduction for the applicable exterior walls and 48 ceilings only of room(s) having one (1) or more exterior walls or ceilings, at 49 least as great as the SLR value specified in appendix III of Appendix D for 50 the particular usage involved. These plans and specifications shall be 51 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 12 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 reviewed during the building plan review process in accordance with the 1 sound transmission ratings specified in table 403.2 of appendix IV of 2 Appendix D. 3 P. Exemptions. 4 1. Development of the Marco Shores Golf Course Community that comports with the 5 location and height requirements of Ordinance No. 81-6, as amended by 6 Ordinance No. 85-56 and Ordinance No. 94-41, is exempted from the provisions 7 of section 4.02.06 only to the following extent: 8 a. The agreement between Johnson Bay Development Corporation Collier 9 County Airport Authority and the BCC, dated August 8, 1995. 10 b. Prior issuance of a Federal Aviation Administration "Determination Of No 11 Hazard To Air Navigation." 12 2. Development of the Mini-Triangle Mixed Use Subdistrict of the Urban Designation. 13 Urban Mixed Use District of the Growth Management Plan that comports with 14 height requirements of Ordinance 2018-25, is exempted from the maximum 15 allowable horizontal zone height of 150 feet from the established elevation of the 16 Naples Airport, as established in LDC Sections 4.02.06 E. and 4.02.06 F. 17 Buildings are allowed up to 160 feet in height from the established elevation of the 18 Naples Airport. Development within the Mini-Triangle Mixed Use Subdistrict shall 19 comply with the conditions set forth in the Federal Aviation Administration letters 20 of “Determination Of No Hazard To Air Navigation”, dated January 20, 2017, or 21 any subsequent letters or extensions thereof. 22 # # # # # # # # # # # # # 23 24 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 13 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 APPENDIX D – Airport Zoning 1 APPENDIX I. – [AIRPORT ZONING MAPS] 2 APPENDIX I. – [Airport Zoning Maps] 3 4 5 6 7 ZONING MAP A. NAPLES MUNICIPAL AIRPORT NOISE ZONE MAP 8 (SEE SECTION 4.02.06 (N)) 9 ZONING MAP B. MARCO ISLAND [EXECUTIVE] AIRPORT 10 (SEE SECTION 4.02.06 (N)) 11 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 14 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 1 2 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 15 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 ZONING MAP A. NAPLES MUNICIPAL AIRPORT 1 (SEE LDC SECTION 4.02.06) 2 3 {Map to be added} 4 5 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 16 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 ZONING MAP B. MARCO ISLAND EXECUTIVE AIRPORT 1 (SEE LDC SECTION 4.02.06) 2 3 {Map to be added} 4 5 * * * * * * * * * * * * * 6 7 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 17 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 ZONING MAP D. IMMOKALEE AIRPORT 1 (SEE SECTION 4.02.06 (N)) 2 3 4 5 6 7 8 DRAFT Text underlined is new text to be added Text strikethrough is current text to be deleted 18 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 ZONING MAP D. IMMOKALEE AIRPORT 1 (SEE LDC SECTION 4.02.06) 2 3 4 {Map to be added} 5 * * * * * * * * * * * * * 6 # # # # # # # # # # # # # 7 8 9 Exhibit A – Implementation of Airspace Obstruction Review 1 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 As the changes to Chapter 333, F.S., shifted the responsibility of airspace obstruction review from the Florida Department of Transportation - Aviation and Spaceports Office (FDOT-ASO) to the local level, it is important to include the details of how this LDC amendment will be implemented. Updates to Runway Surfaces and Map Data In coordination with the Naples Airport Authority (NAA) and the Collier County Airport Authority (CCAA), this amendment updates to the existing Airport Zoning Maps located within Appendix D of the LDC, as well as Tables 4-8 within LDC Section 4.02.06. Tables 4-8 within LDC Section 4.02.06 provides the primary surface width, horizontal surface radius, approach surface width, approach surface length, and approach surface height for each of the airports, or airspaces, located within or adjacent to Collier County and the correlated runway number. (Image Source: Published FDOT-ASO PowerPoint Chapter 333 FS – Airport Zoning PowerPoint Presentation) Each of the surface standards described within LDC Section 4.02.06 C.-J., and Tables 4-8, reflect the federal obstruction standards contained in 14 C.F.R. part 77, subpart C, and are visually depicted on the maps found within Appendix D. The content within Tables 4-8 were updated due to the changes in runway numbers and runway types at the different airports, which also had an impact to location of the various surfaces on the Airport Zoning Maps. Exhibit A – Implementation of Airspace Obstruction Review 2 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 Reviewing Obstructions Per Ch. 333, F.S., an obstruction is defined as follows: An obstruction can be any existing or proposed object, terrain, or structure that exceeds the federal obstruction standards contained in 14 C.F.R. part 77, subpart C. The term includes: • Any object of natural growth or terrain; • Permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus; or • Alteration of any permanent or temporary existing structure by a change in the structures height, including appurtenances, lateral dimensions, and equipment or materials used in the structure. The term obstruction, as defined above, references the federal obstruction standards contained in 14 C.F.R. part 77, subpart C, these standards are also incorporated within LDC sections 4.02.06 C-L, and Appendix D. Therefore, staff will be able to compare the height of the proposed obstruction against the federally mandated standards to determine if an airspace obstruction review is required. Making this determination will be further aided by the incorporation of the maps within Appendix D into a layer of the ArcGIS system (pictured below). The ArcGIS system is utilized by staff during the review process and will allow staff to search a specific address or folio number and see the contours with reference to the specific obstruction standards. Exhibit A – Implementation of Airspace Obstruction Review 3 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 As this is a new process, certain safeguards will be implemented to ensure that a building permit for an airspace obstruction will not be issued without the necessary review. When a building permit or site development plan application is submitted, the property address and/or folio number will be linked in CityView to that specific application. Depending on the specific permit type, if a property is located within the area covered by the Airport Zoning overlay, a property alert and permit condition will automatically load. To determine if an airspace obstruction review is required, the assigned staff member will utilize the site plan, aerial photography, or any other documentation as part of the SDP or building permit, in conjunction with the Airport Zoning Maps obstruction contours. Additionally, the Federal Aviation Administration’s (FAA) website has a Notice Criteria Tool to assist in applying the Part 77 Notice Criteria. Required Correspondence with FDOT-ASO Pursuant to Ch. 333, F.S., upon receipt of a complete permit application, the local government shall provide a copy of the application to the Florida Departments of Transportation - Aviation and Spaceports Office (FDOT-ASO) by certified mail, return receipt requested, or by a delivery service that provides a receipt evidencing delivery. In lieu of sending FDOT-ASO this information by certified mail, it has been confirmed that staff may send this information to a dedicated email address, with a return receipt. This will serve as meeting the intent of Ch. 333, F.S. Correspondence confirming this method is attached (Exhibit B). Coordination with Naples Airport Authority and Collier County Airport Authority During the review of airspace obstructions, staff will coordinate with the applicable airport authority to determine whether to approve or deny an airspace obstruction based on the considerations within LDC section 4.02.06 M. If the proposed airspace obstruction is required to be reviewed as part of a SDP, the applicable airport authority will be contacted after the Pre - Application Meeting to start the coordination efforts with the applicant, prior to the finalization and submittal of the proposed plans. If the airspace obstruction is proposed at time of building permit, the applicable airport authority will be notified at time of review. Exhibit B – Chapter 333 Florida Statutes 1 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 CHAPTER 333 AIRPORT ZONING 333.01 Definitions. 333.02 Airport hazards and uses of land in airport vicinities contrary to public interest. 333.025 Permit required for obstructions. 333.03 Requirement to adopt airport zoning regulations. 333.04 Comprehensive zoning regulations; most stringent to prevail where conflicts occur. 333.05 Procedure for adoption of airport zoning regulations. 333.06 Airport zoning regulation requirements. 333.07 Local government permitting of airspace obstructions. 333.09 Administration of airport protection zoning regulations. 333.11 Judicial review. 333.12 Acquisition of air rights. 333.13 Enforcement and remedies. 333.135 Transition provisions. 333.01 Definitions.—As used in this chapter, the term: (1) “Aeronautical study” means a Federal Aviation Administration study, conducted in accordance with the standards of 14 C.F.R. part 77, subpart C, and Federal Aviation Administration policy and guidance, on the effect of proposed construction or alteration upon the operation of air navigation facilities and the safe and efficient use of navigable airspace. (2) “Airport” means any area of land or water designed and set aside for the landing and taking off of aircraft and used or to be used in the interest of the public for such purpose. (3) “Airport hazard” means an obstruction to air navigation which affects th e safe and efficient use of navigable airspace or the operation of planned or existing air navigation and communication facilities. (4) “Airport hazard area” means any area of land or water upon which an airport hazard might be established. Exhibit B – Chapter 333 Florida Statutes 2 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 (5) “Airport land use compatibility zoning” means airport zoning regulations governing the use of land on, adjacent to, or in the immediate vicinity of airports. (6) “Airport layout plan” means a set of scaled drawings that provides a graphic representation of the existing and future development plan for the airport and demonstrates the preservation and continuity of safety, utility, and efficiency of the airport. (7) “Airport master plan” means a comprehensive plan of an airport which typically describes current and future plans for airport development designed to support existing and future aviation demand. (8) “Airport protection zoning regulations” means airport zoning regulations governing airport hazards. (9) “Department” means the Department of Transportation as created under s. 20.23. (10) “Educational facility” means any structure, land, or use that includes a public or private kindergarten through 12th grade school, charter school, magnet school, college campus, or university campus. The term does not include space used for educational purposes within a multitenant building. (11) “Landfill” has the same meaning as provided in s. 403.703. (12) “Obstruction” means any existing or proposed object, terrain, or structure construction or alteration that exceeds the federal obstruction standards contained in 14 C.F.R. part 77, subpart C. The term includes: (a) Any object of natural growth or terrain; (b) Permanent or temporary construction or alteration, including equipment or materials used and any permanent or temporary apparatus; or (c) Alteration of any permanent or temporary existing structure by a change in the structure’s height, including appurtenances, lateral dimensions, and equipment or materials used in the structure. (13) “Person” means any individual, firm, copartnership, corporation, company, association, joint-stock association, or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof. (14) “Political subdivision” means the local government of any county, municipality, town, village, or other subdivision or agency thereof, or any district or special district, port commission, port authority, or other such agency authorized to establish or operate airports in the state. Exhibit B – Chapter 333 Florida Statutes 3 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 (15) “Public-use airport” means an airport, publicly or privately owned, licensed by the state, which is open for use by the public. (16) “Runway protection zone” means an area at ground level beyond the runway end to enhance the safety and protection of people and property on the ground. (17) “Structure” means any object constructed, erected, altered, or installed, including, but not limited to, buildings, towers, smokestacks, utility poles, power generation equipment, and overhead transmission lines. (18) “Substantial modification” means any repair, reconstruction, rehabilitation, or improvement of a structure when the actual cost of the repair, reconstruction, rehabilitation, or improvement of the structure equals or exceeds 50 percent of the market value of the structure. History.—s. 1, ch. 23079, 1945; s. 2, ch. 75-16; s. 1, ch. 88-356; s. 70, ch. 90-136; s. 84, ch. 91- 221; s. 482, ch. 95-148; s. 1, ch. 2016-209; s. 21, ch. 2016-239. 333.02 Airport hazards and uses of land in airport vicinities contrary to public interest.— (1) It is hereby found that an airport hazard endangers the lives and property of users of the airport and of occupants of land in its vicinity and also, if of the obstruction type, in effect reduces the size of the area available for the taking off, maneuvering, or landing of aircraft, thus tending to destroy or impair the utility of the airport and the public investment therein. It is further found that certain activities and uses of land in the immediate vicinity of airports as enumerated in s. 333.03(2) are not compatible with normal airport operations, and may, if not regulated, also endanger the lives of the participants, adversely affect their health, or otherwise limit the accomplishment of normal activities. Accordingly, it is hereby declared: (a) That the creation or establishment of an airport hazard and the incompatible use of land in airport vicinities are public nuisances and injure the community served by the airport in question; (b) That it is therefore necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards and incompatible land uses be prevented; and (c) That this should be accomplished, to the extent legally possible, by the exercise of the police power, without compensation. (2) It is further declared that the limitation of land uses incompatible with normal airport operations, the prevention of the creation or establishment of airport hazards, and the elimination, removal, alteration, mitigation, or marking and lighting of existing airport hazards are public purposes for which political subdivisions may raise and expend public funds and acquire land or property interests therein, or air rights thereover. Exhibit B – Chapter 333 Florida Statutes 4 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 History.—s. 2, ch. 23079, 1945; s. 2, ch. 88-356; s. 71, ch. 90-136. 333.025 Permit required for obstructions.— (1) A person proposing the construction or alteration of an obstruction must obtain a permit from the department, subject to subsections (2), (3), and (4). However, permits from the department will be required only within an airport hazard area where federal obstruction standards are exceeded and if the proposed construction or alteration is within a 10-nautical-mile radius of the airport reference point, located at the approximate geometric center of all usable runways of a public-use airport or military airport. (2) Existing, planned, and proposed facilities on public-use airports contained in an airport master plan, in an airport layout plan submitted to the Federal Aviation Administration, or in comparable military documents shall be protected from airport hazards. (3) A permit is not required for existing structures that received construction permits from the Federal Communications Commission for structures exceeding federal obstruction standards before May 20, 1975; a permit is not required for any necessary replacement or repairs to such existing structures if the height and location are unchanged. (4) If political subdivisions have, in compliance with this chapter, adopted adequate airport protection zoning regulations, placed such regulations on file with the department’s aviation office, and established a permitting process, a permit for the construction or alteration of an obstruction is not required from the department. Upon receipt of a complete permit application, the local government shall provide a copy of the application to the department’s aviation office by certified mail, return receipt requested, or by a delivery service that provides a receipt evidencing delivery. To evaluate technical consistency with this subsection, the department shall have a 15-day review period following receipt of the application, which must run concurrently with the local government permitting process. Cranes, construction equipment, and other temporary structures in use or in place for a period not to exceed 18 consecutive months are exempt from the department’s review, unless such review is requested by the department. (5) The department shall, within 30 days after receipt of an application for a permit, issue or deny a permit for the construction or alteration of an obstruction. The department shall review permit applications in conformity with s. 120.60. (6) In determining whether to issue or deny a permit, the department shall consider: (a) The safety of persons on the ground and in the air. (b) The safe and efficient use of navigable airspace. (c) The nature of the terrain and height of existing structures. Exhibit B – Chapter 333 Florida Statutes 5 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 (d) The effect of the construction or alteration of an obstruction on the state licensing standards for a public-use airport contained in chapter 330 and rules adopted thereunder. (e) The character of existing and planned flight operations and developments at public-use airports. (f) Federal airways, visual flight rules, flyways and corridors, and instrument approaches as designated by the Federal Aviation Administration. (g) The effect of the construction or alteration of an obstruction on the minimum descent altitude or the decision height at the affected airport. (h) The cumulative effects on navigable airspace of all existing obstructions and all known proposed obstructions in the area. (7) When issuing a permit under this section, the department shall require the owner of the obstruction to install, operate, and maintain, at the owner’s expense, marking and lighting in conformance with the specific standards established by the Federal Aviation Administration. (8) The department may not approve a permit for the construction or alteration of an obstruction unless the applicant submits documentation showing both compliance with the federal requirement for notification of proposed construction or alteration and a valid aeronautical study. A permit may not be approved solely on the basis that the Federal Aviation Administration determined that the proposed construction or alteration of an obstruction was not an airport hazard. (9) The denial of a permit under this section is subject to administrative review pursuant to chapter 120. History.—s. 3, ch. 75-16; s. 3, ch. 88-356; s. 7, ch. 92-152; s. 2, ch. 2016-209; s. 22, ch. 2016-239. 333.03 Requirement to adopt airport zoning regulations.— (1)(a) Every political subdivision having an airport hazard area within its territorial limits shall adopt, administer, and enforce, under the police power and in the manner and upon the conditions prescribed in this section, airport protection zoning regulations for such airport hazard area. (b) If an airport is owned or controlled by a political subdivision and if any other political subdivision has land upon which an obstruction may be constructed or altered which underlies any surface of the airport as provided in 14 C.F.R. part 77, subpart C, the political subdivisions shall either: 1. By interlocal agreement, adopt, administer, and enforce a set of airport protection zoning regulations; or Exhibit B – Chapter 333 Florida Statutes 6 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 2. By ordinance, regulation, or resolution duly adopted, create a joint airport protection zoning board that shall adopt, administer, and enforce a set of airport protection zoning regulations. The joint airport protection zoning board shall have as voting members two representatives appointed by each participating political subdivision and a chair elected by a majority of the members so appointed. The airport manager or a representative of each airport in the affected participating political subdivisions shall serve on the board in a nonvoting capacity. (c) Airport protection zoning regulations adopted under paragraph (a) must, at a minimum, require: 1. A permit for the construction or alteration of any obstruction; 2. Obstruction marking and lighting for obstructions; 3. Documentation showing compliance with the federal requirement for notification of proposed construction or alteration of structures and a valid aeronautical study submitted by each person applying for a permit; 4. Consideration of the criteria in s. 333.025(6), when determining whether to issue or deny a permit; and 5. That approval of a permit not be based solely on the determination by the Federal Aviation Administration that the proposed structure is not an airport hazard. (d) The department shall be available to provide assistance to political subdivisions regarding federal obstruction standards. (2) In the manner provided in subsection (1), political subdivisions shall adopt, administer, and enforce airport land use compatibility zoning regulations. Airport land use compatibility zoning regulations shall, at a minimum, address the following: (a) The prohibition of new landfills and the restriction of existing landfills within the following areas: 1. Within 10,000 feet from the nearest point of any runway used or planned to be used by turbine aircraft. 2. Within 5,000 feet from the nearest point of any runway used by only nonturbine aircraft. 3. Outside the perimeters defined in subparagraphs 1. and 2., but still within the lateral limits of the civil airport imaginary surfaces defined in 14 C.F.R. s. 77.19. Case-by-case review of such landfills is advised. Exhibit B – Chapter 333 Florida Statutes 7 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 (b) Where any landfill is located and constructed in a manner that attracts or sustains hazardous bird movements from feeding, water, or roosting areas into, or across, the runways or approach and departure patterns of aircraft. The landfill operator must incorporate bird management techniques or other practices to minimize bird hazards to airborne aircraft. (c) Where an airport authority or other governing body operating a public-use airport has conducted a noise study in accordance with 14 C.F.R. part 150, or where a public-use airport owner has established noise contours pursuant to another public study approved by the Federal Aviation Administration, the prohibition of incompatible uses, as established in the noise study in 14 C.F.R. part 150, Appendix A or as a part of an alternative Federal Aviation Administration-approved public study, within the noise contours established by any of these studies, except if such uses are specifically contemplated by such study with appropriate mitigation or similar techniques described in the study. (d) Where an airport authority or other governing body operating a public-use airport has not conducted a noise study, the prohibition of residential construction and any educational facility, with the exception of aviation school facilities, within an area contiguous to the airport measuring one-half the length of the longest runway on either side of and at the end of each runway centerline. (e) The restriction of new incompatible uses, activities, or substantial modifications to existing incompatible uses within runway protection zones. (3) Political subdivisions shall provide a copy of all airport protection zoning regulations and airport land use compatibility zoning regulations, and any related amendments, to the department’s aviation office within 30 days after adoption. (4) Subsection (2) may not be construed to require the removal, alteration, sound conditioning, or other change, or to interfere with the continued use or adjacent expansion of any educational facility or site in existence on July 1, 1993. (5) This section does not prohibit an airport authority, a political subdivision or its administrative agency, or any other governing body operating a public-use airport from establishing airport zoning regulations more restrictive than prescribed in this section in order to protect the health, safety, and welfare of the public in the air and on the ground. History.—s. 3, ch. 23079, 1945; s. 4, ch. 75-16; s. 4, ch. 88-356; s. 72, ch. 90-136; s. 8, ch. 92- 152; s. 10, ch. 93-164; s. 1, ch. 94-201; s. 958, ch. 95-148; s. 971, ch. 2002-387; s. 3, ch. 2016- 209; s. 23, ch. 2016-239. 333.04 Comprehensive zoning regulations; most stringent to prevail where conflicts occur.— (1) INCORPORATION.—In the event that a political subdivision has adopted, or hereafter adopts, a comprehensive plan or policy regulating, among other things, the height of buildings, Exhibit B – Chapter 333 Florida Statutes 8 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 structures, and natural objects, and uses of property, any airport zoning regulations applicable to the same area or portion thereof may be incorporated in and made a part of such comprehensive plan or policy, and be administered and enforced in connection therewith. (2) CONFLICT.—In the event of conflict between any airport zoning regulations adopted under this chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or vegetation, the use of land, or any other matter, and whether such regulations were adopted by the political subdivision that adopted the airport zoning regulations or by some other political subdivision, the more stringent limitation or requirement shall govern and prevail. History.—s. 4, ch. 23079, 1945; s. 4, ch. 2016-209; s. 24, ch. 2016-239. 333.05 Procedure for adoption of airport zoning regulations.— (1) NOTICE AND HEARING.—Airport zoning regulations may not be adopted, amended, or repealed under this chapter except by action of the legislative body of the political subdivision or affected subdivisions, or the joint board provided in s. 333.03(1)(b)2. by the political subdivisions therein provided and set forth, after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the hearing shall be published at least once a week for 2 consecutive weeks in a newspaper of general circulation in the political subdivision or subdivisions where the airport zoning regulations are to be adopted, amended, or repealed. (2) AIRPORT ZONING COMMISSION.—Before the initial zoning of any airport area under this chapter, the political subdivision or joint airport zoning board that is to adopt, administer, and enforce the regulations must appoint a commission, to be known as the airport zoning commission, to recommend the boundaries of the various zones to be established and the regulations to be adopted therefor. Such commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and the legislative body of the political subdivision or the joint airport zoning board may not hold its public hearings or take any action until it has received the final report of such commission, and at least 15 days shall elapse between the receipt of the final report of the commission and the hearing to be held by the latter board. If a planning commission, an airport commission, or a comprehensive zoning commission already exists, it may be appointed as the airport zoning commission. History.—s. 5, ch. 23079, 1945; s. 74, ch. 90-136; s. 23, ch. 90-279; s. 39, ch. 95-143; s. 5, ch. 2016-209; s. 25, ch. 2016-239. 333.06 Airport zoning regulation requirements.— Exhibit B – Chapter 333 Florida Statutes 9 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 (1) REASONABLENESS.—All airport zoning regulations adopted under this chapter shall be reasonable and may not impose any requirement or restriction which is not reasonably necessary to effectuate the purposes of this chapter. In determining what regulations it may adopt, each political subdivision and joint airport zoning board shall consider, among other things, the character of the flying operations expected to be conducted at the airport, the nature of the terrain within the airport hazard area and runway protection zones, the character of the neighborhood, the uses to which the property to be zoned is put and adaptable, and the impact of any new use, activity, or construction on the airport’s operating capability and capacity. (2) INDEPENDENT JUSTIFICATION.—The purpose of all airport zoning regulations adopted under this chapter is to provide both airspace protection and land uses compatible with airport operations. Each aspect of this purpose requires independent justification in order to promote the public interest in safety, health, and general welfare. Specifically, construction in a runway protection zone which does not exceed airspace height restrictions is not conclusive that such use, activity, or construction is compatible with airport operations. (3) NONCONFORMING USES.—An airport protection zoning regulation adopted under this chapter may not require the removal, lowering, or other change or alteration of any obstruction not conforming to the regulation when adopted or amended, or otherwise interfere with the continuance of any nonconforming use, except as provided in s. 333.07(1) and (3). (4) ADOPTION OF AIRPORT MASTER PLAN AND NOTICE TO AFFECTED LOCAL GOVERNMENTS.—An airport master plan shall be prepared by each public-use airport licensed by the department under chapter 330. The authorized entity having responsibility for governing the operation of the airport, when either requesting from or submitting to a state or federal governmental agency with funding or approval jurisdiction a “finding of no significant impact,” an environmental assessment, a site-selection study, an airport master plan, or any amendment to an airport master plan, shall submit simultaneously a copy of said request, submittal, assessment, study, plan, or amendments by certified mail to all affected local governments. As used in this subsection, the term “affected local government” is defined as any municipality or county having jurisdiction over the airport and any municipality or county located within 2 m iles of the boundaries of the land subject to the airport master plan. History.—s. 6, ch. 23079, 1945; s. 75, ch. 90-136; s. 76, ch. 2002-20; s. 6, ch. 2016-209; s. 26, ch. 2016-239. 333.07 Local government permitting of airspace obstructions.— (1) PERMITS.— (a) A person proposing to construct, alter, or allow an airport obstruction in an airport hazard area in violation of the airport protection zoning regulations adopted under this chapter must apply Exhibit B – Chapter 333 Florida Statutes 10 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 for a permit. A permit may not be issued if it would allow the establishment or creation of an airport hazard or if it would permit a nonconforming obstruction to become a greater hazard to air navigation than it was when the applicable airport protection zoning regulation was adopted which allowed the establishment or creation of the obstruction, or than it is when the application for a permit is made. (b) If the political subdivision or its administrative agency determines that a nonconforming obstruction has been abandoned or is more than 80 percent torn down, destroyed, deteriorated, or decayed, a permit may not be granted if it would allow the obstruction to exceed the applicable height limit or otherwise deviate from the airport protection zoning regulations. Whether or not an application is made for a permit under this subsection, the owner of the nonconforming obstruction may be required, at his or her own expense, to lower, remove, reconstruct, alter, or equip such obstruction as may be necessary to conform to the current airport protection zoning regulations. If the owner of the nonconforming obstruction neglects or refuses to comply with such requir ement for 10 days after notice, the administrative agency may report the violation to the political subdivision involved, which subdivision, through its appropriate agency, may proceed to have the obstruction so lowered, removed, reconstructed, altered, or equipped and assess the cost and expense thereof upon the owner of the obstruction or the land whereon it is or was located. (2) CONSIDERATIONS WHEN ISSUING OR DENYING PERMITS.—In determining whether to issue or deny a permit, the political subdivision or its administrative agency must consider the following, as applicable: (a) The safety of persons on the ground and in the air. (b) The safe and efficient use of navigable airspace. (c) The nature of the terrain and height of existing structures. (d) The effect of the construction or alteration on the state licensing standards for a public-use airport contained in chapter 330 and rules adopted thereunder. (e) The character of existing and planned flight operations and developments at public-use airports. (f) Federal airways, visual flight rules, flyways and corridors, and instrument approaches as designated by the Federal Aviation Administration. (g) The effect of the construction or alteration of the proposed structure on the minimum descent altitude or the decision height at the affected airport. (h) The cumulative effects on navigable airspace of all existing structures and all other known proposed structures in the area. Exhibit B – Chapter 333 Florida Statutes 11 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 (i) Additional requirements adopted by the political subdivision or administrative agency pertinent to evaluation and protection of airspace and airport operations. (3) OBSTRUCTION MARKING AND LIGHTING.—In issuing a permit under this section, the political subdivision or its administrative agency shall require the owner of the obstruction to install, operate, and maintain thereon, at his or her own expense, marking and lighting in conformance with the specific standards established by the Federal Aviation Administration. History.—s. 7, ch. 23079, 1945; s. 5, ch. 88-356; s. 76, ch. 90-136; s. 483, ch. 95-148; s. 33, ch. 2016-10; s. 7, ch. 2016-209; s. 28, ch. 2016-239. 333.09 Administration of airport protection zoning regulations.— (1) ADMINISTRATION.—All airport protection zoning regulations adopted under this chapter shall provide for the administration and enforcement of such regulations by the political subdivision or its administrative agency. The duties of any administrative agency designated pursuant to this chapter must include that of hearing and deciding all permits under s. 333.07, as they pertain to such agency, and all other matters under this chapter applying to said agency. (2) LOCAL GOVERNMENT PROCESS.— (a) A political subdivision required to adopt airport zoning regulations under this chapter shall provide a process to: 1. Issue or deny permits consistent with s. 333.07. 2. Provide the department with a copy of a complete application consistent with s. 333.025(4). 3. Enforce the issuance or denial of a permit or other determination made by the administrative agency with respect to airport zoning regulations. (b) If a zoning board or permitting body already exists within a political subdivision, the zoning board or permitting body may implement the airport zoning regulation permitting and appeals processes. (3) APPEALS.— (a) A person, a political subdivision or its administrative agency, or a joint airport zoning board that contends a decision made by a political subdivision or its administrative agency is an improper application of airport zoning regulations may use the process established for an appeal. (b) All appeals taken under this section must be taken within a reasonable time, as provided by the political subdivision or its administrative agency, by filing with the entity from which the appeal is taken a notice of appeal specifying the grounds for appeal. Exhibit B – Chapter 333 Florida Statutes 12 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 (c) An appeal shall stay all proceedings in the underlying action appealed from, unless the entity from which the appeal is taken certifies pursuant to the rules for appeal that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such cases, proceedings may not be stayed except by order of the political subdivision or its administrative agency on notice to the entity from which the appeal is taken and for good cause shown. (d) The political subdivision or its administrative agency shall set a reasonable time for the hearing of appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent, or by attorney. (e) The political subdivision or its administrative agency may, in conformity with this chapter, affirm, reverse, or modify the decision on the permit or other determination from which the appeal is taken. History.—s. 9, ch. 23079, 1945; s. 8, ch. 2016-209; s. 30, ch. 2016-239. 333.11 Judicial review.— (1) Any person, political subdivision, or joint airport zoning board affected by a decision of a political subdivision or its administrative agency may apply for judicial relief to the circuit court in the judicial circuit where the political subdivision is located within 30 days after rendition of the decision. Review shall be by petition for writ of certiorari, which shall be governed by the Florida Rules of Appellate Procedure. (2) The court has exclusive jurisdiction to affirm, reverse, or modify the decision on the permit or other determination from which the appeal is taken and, if appropriate, to order further proceedings by the political subdivision or its administrative agency. The findings of fact by the political subdivision or its administrative agency, if supported by substantial evidence, shall be accepted by the court as conclusive, and an objection to a decision of the political subdivision or its administrative agency may not be considered by the court unless such objection was raised in the underlying proceeding. (3) If airport zoning regulations adopted under this chapter are held by a court to interfere with the use and enjoyment of a particular structure or parcel of land to such an extent, or to be so onerous in their application to such a structure or parcel of land, as to constitute a taking or deprivation of that property in violation of the State Constitution or the Constitution of the United States, such holding shall not affect the application of such regulations to other structures and parcels of land, or such regulations as are not involved in the particular decision. Exhibit B – Chapter 333 Florida Statutes 13 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 (4) A judicial appeal to any court may not be permitted under this section until the appellant has exhausted all of its remedies through application for local government permits, exceptions, and appeals. History.—s. 11, ch. 23079, 1945; s. 43, ch. 63-512; s. 7, ch. 88-356; s. 485, ch. 95-148; s. 9, ch. 2016-209; s. 32, ch. 2016-239. 333.12 Acquisition of air rights.—If a nonconforming obstruction is determined to be an airport hazard and the owner will not remove, lower, or otherwise eliminate it; the approach protection necessary cannot, because of constitutional limitations, be provided by airport zoning regulations under this chapter; or it appears advisable that the necessary approach protection be provided by acquisition of property rights rather than by airport zoning regulations, the political subdivision within which the property or nonconforming obstruction is located, or the political subdivision owning or operating the airport or being served by it, may acquire, by purchase, grant, or condemnation in the manner provided by chapter 73, such property, air right, avigation easement, or other estate, portion, or interest in the property or nonconforming obstruction or such interest in the air above such property, in question, as may be necessary to effectu ate the purposes of this chapter, and in so doing, if by condemnation, to have the right to take immediate possession of the property, interest in property, air right, or other right sought to be condemned, at the time, and in the manner and form, and as authorized by chapter 74. In the case of the purchase of any property, easement, or estate or interest therein or the acquisition of the same by the power of eminent domain, the political subdivision making such purchase or exercising such power shall, in addition to the damages for the taking, injury, or destruction of property, also pay the cost of the removal and relocation of any structure or any public utility that is required to be moved to a new location. History.—s. 12, ch. 23079, 1945; s. 10, ch. 2016-209; s. 33, ch. 2016-239. 333.13 Enforcement and remedies.— (1) Each violation of this chapter or of any airport zoning regulations, orders, or rulings adopted or made pursuant to this chapter shall constitute a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, and each day a violation continues to exist shall constitute a separate offense. (2) In addition, the political subdivision or agency adopting the airport zoning regulations under this chapter may institute in any court of competent jurisdiction an action to prevent, restrain, correct, or abate any violation of this chapter or of airport zoning regulations adopted under this chapter or of any order or ruling made in connection with their administration or enforcement, and the court shall adjudge to the plaintiff such relief, by way of injunction, which may be mandatory, or otherwise, as may be proper under all the facts and circumstances of the case in order to fully effectuate the purposes of this chapter and of the regulations adopted and orders and rulings made pursuant thereto. Exhibit B – Chapter 333 Florida Statutes 14 \\bcc.colliergov.net\data\GMD-LDS\LDC Amendments\Current Work\Ellen\Airport Zoning\Drafts\Airport Zoning LDCA 3-21-19.docx REV. 3/27/2019 (3) The department may institute a civil action for injunctive relief in the appropriate circuit court to prevent violation of any provision of this chapter. History.—s. 13, ch. 23079, 1945; s. 232, ch. 71-136; s. 5, ch. 75-16; s. 11, ch. 2016-209; s. 34, ch. 2016-239. 333.135 Transition provisions.— (1) Any airport zoning regulation in effect on July 1, 2016, which includes provisions in conflict with this chapter shall be amended to conform to the requirements of this chapter by July 1, 2017. (2) Any political subdivision having an airport within its territorial limits which has not adopted airport zoning regulations shall, by July 1, 2017, adopt airport zoning regulations consistent with this chapter. (3) For those political subdivisions that have not yet adopted airport zoning regulations pursuant to this chapter, the department shall administer the permitting process as provided in s. 333.025. History.—s. 12, ch. 2016-209; s. 35, ch. 2016-239. Potential Arsenic Impacts In Fill Dirt Chad Ward, P.G., Sr. Project Manager Local Pollution Complaint •2018 Pollution Complaint Arsenic impacted soil delivered for backfill Arsenic •What is Arsenic •Local Implications •Florida Regulations •Sources •Naturally Occurring (Background) vs. Anthropogenic (Originating from Human Activity) •Naturally occurring element •Can result from Anthropogenic (Human) activities •Class A human carcinogen (EPA) •Long-term exposure linked to cancer, skin lesions, and cognitive developmental issues (WHO) Arsenic Local Implication •Sampling requirements exist for projects that receive State funds •No sampling requirements exist for private projects •According to the FDEP, the fill dirt recipient is responsible for confirming that the soil is contaminant free •Soil Cleanup Target Levels (SCTLs) for Arsenic: •SCTL for Direct Exposure Residential = 2.1 mg/kg •SCTL for Direct Exposure Commercial/Industrial = 12 mg/kg Arsenic Regulations in Florida Background Arsenic Concentrations Geometric Mean (GM) of Arsenic by County Anthropogenic Sources of Arsenic •Pesticides, Herbicides, and Fertilizers use Local Implication •The recipient is responsible for confirming that the soil is contaminant free •FDEP requires sampling for projects that receive state-funds •No other sampling requirements exist for private projects •Purchasing contaminated fill dirt, could result in costly cleanup/disposal, and increased liability of human exposure Live Green.Save Blue. 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