Chapter 03 - Resource Protection CHAPTER 3 RESOURCE PROTECTION
3.01.00 Generally [Reserved]
3.02.00 Floodplain Protection
3.02.01 Findings of Fact
3.02.02 Purpose
3.02.03 Applicability
3.02.04 Exemptions
3.02.05 Basis for Establishing the Areas of Special Flood Hazard
3.02.06 General Standards for Flood Hazard Reduction
3.02.07 Specific Standards for Construction Within Coastal High Hazard Areas
3.02.08 Regulations Within the Floodways
3.02.09 Regulations for Mobile Homes and Recreational Vehicles
3.02.10 Standards for Subdivision Plats
3.03.00 Coastal Zone Management
3.03.01 Purpose
3.03.02 Applicability
3.03.03 Priority for Location of Structures, Development, or Site Alterations
3.03.04 Procedures
3.03.05 Sea Level Rise
3.03.06 Native Vegetation Retention on Coastal Barriers
3.03.07 Undeveloped Coastal Barriers
3.04.00 Protection of Endangered, Threatened, or Listed Species
3.04.01 Generally
3.04.02 Species Specific Requirements
3.04.03 Requirements for Protected Plants
3.04.04 Penalties for Violation: Resort to Other Remedies
3.05.00 Vegetation Removal, Protection, and Preservation
3.05.01 Generally
3.05.02 Exemptions From Requirements for Vegetation Protection and Preservation
3.05.03 Procedure for a Vegetation Removal Permit
3.05.04 Vegetation Removal and Protection Standards
3.05.05 Criteria for Removal of Protected Vegetation
3.05.06 Management Plan Required
3.05.07 Preservation Standards
3.05.08 Requirement for Removal of Prohibited Exotic Vegetation
3.05.09 Designation of Specimen Tree
3.05.10 Littoral Shelf Planting Area (LSPA)
3.06.00 Groundwater Protection
3.06.01 Purpose and Intent
3.06.02 Protected Public Water Supply Wellfields
3.06.03 Description and Basis of Wellfield Risk Management Special Treatment Overlay Zones
3.06.04 Groundwater Protection
3.06.05 Annual Review of Zones
3.06.06 Regulated Wellfields
3.06.07 Unregulated Wellfields
3.06.08 Determination of Location Within Wellfield Risk Management Zones
3.06.09 Protection of Future Wellfields
3.06.10 Effect of Setbacks and Buffers From Sanitary Hazards as Promulgated and Adopted in the
Florida Administrative Code
3.06.11 Exempted Development
Supp. No. 11 LDC3:1
COLLIER COUNTY LAND DEVELOPMENT CODE
3.06.12 Regulated Development
3.06.13 Countywide Groundwater Protection Standards
3.07.00 Interim Watershed Management Regulations
3.07.01 Applicability
3.07.02 Interim Watershed Regulations
3.08.00 Environmental Data Requirements
Supp. No. 11 LDC3:2
RESOURCE PROTECTION
3.01.00 3.02.03
3.01.00 GENERALLY
[Reserved]
3.02.00 FLOODPLAIN PROTECTION
3.02.01 Findings of Fact
A. The flood hazard areas of the County are subject to periodic inundation, which could result in loss of
life, property damage, health, and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and impairment of the tax
base, all of which could adversely affect the public health, safety, and general welfare.
B. These flood losses are caused by the cumulative effect of obstructions in flood plains causing
increases in flood heights and velocities, and by the occupancy in flood hazard areas by structures
vulnerable to floods or hazardous to the lands which are inadequately elevated, floodproofed, or
otherwise inadequately protected from flood damages.
3.02.02 Purpose
It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize
public and private losses due to flood conditions in specific areas by provisions designed:
A. To protect human life and health;
B. To minimize expenditure of public money for costly and environmentally unsound flood
control projects;
C. To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
D. To minimize prolonged business interruptions;
E. To minimize damage to public facilities and utilities, such as water and gas mains, electric,
telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
F. To help maintain a stable tax base by providing for the sound use and development of flood
prone areas in such a manner as to minimize future flood blight areas;
G. To ensure, to the greatest degree possible, that potential home buyers are notified that
property is in an area of special flood hazard; and
H. To ensure that those who occupy the areas of special flood hazard assume responsibilities
for their actions.
3.02.03 Applicability
This section shall apply to all areas of special flood hazard in the unincorporated area of the County, and
identified by the Federal Insurance Administration in its flood insurance rate map (FIRM), dated November
�.� 17, 2005, and any revisions thereto.
(Ord. No. 08-08, § 3.D)
Supp. No. 5 LDC3:3
COLLIER COUNTY LAND DEVELOPMENT CODE
3.02.04 3.02.06 G.
3.02.04 Exemptions
Mobile homes to be placed in an existing mobile home park shall be exempt from the requirements of this
section, provided such mobile home park is not expanded or undergoes substantial improvement as
defined herein.
3.02.05 Basis for Establishing the Areas of Special Flood Hazard
The areas of special flood hazard, are identified by the Federal Insurance Administration, in a scientific
and engineering report entitled "The flood insurance study" for the County's unincorporated area, dated
June 3, 1986, with accompanying FIRM, dated November 17, 2005, The flood insurance study and
accompanying FIRM shall be on file and be open for public inspection in the office of the Clerk to the BCC
located in Building "F", Collier County Courthouse, 3301 Tamiami Trail, East, Naples, Florida 34112.
(Ord. No. 08-08, § 3.E)
3.02.06 General Standards for Flood Hazard Reduction
In all areas of special flood hazards, the following provisions are required:
A. All new construction and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure.
B. New construction and substantial improvements in the A Zones may be built on
unconstrained, but compacted, fill, if in compliance with the Collier County Building Code
Ordinance. No significant water is permitted to flow from the subject premises onto abutting
properties or into adjoining waters which are not County-approved drainage system(s).
C. Residential Construction - new construction or substantial improvement of any residential
structure shall have the lowest floor elevated to or above the base flood elevation.
D. Non-residential Construction - new construction and substantial improvements of non-
residential structures shall have the lowest floor(including basement) elevated to or above
the base flood level or, together with the attendant utility and sanitary facilities, be designed
so that, below the base flood level, the structure is essentially waterproofed with walls
substantially impermeable to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Floodproof-
ing is prohibited in the velocity (V) zones. The property owners shall provide a certification by
a registered professional engineer or registered professional architect that the design
standards of this section are satisfied.
E. All new construction and substantial improvements shall be constructed with electrical,
heating, ventilation, plumbing, air conditioning equipment, and other service facilities that are
designed and/or located so as to prevent water from entering or accumulating within the
components during conditions of flooding.
F. All new construction or substantial improvements shall be constructed by methods and
practices that will minimize flood damage.
G. Openings - all new construction and substantial improvements with fully enclosed areas
below the lowest floor that are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of
Supp. No. 5 LDC3:4
RESOURCE PROTECTION
3.02.06 G. 3.02.07 A.1.
floodwaters. Designs for meeting this requirement must either be certified by a registered
professional engineer or architect, or meet or exceed the following minimum criteria: a
`--- minimum of two (2) openings having a total net area of not less than one (1) square inch for
every square foot of enclosed area subject to flooding shall be provided. The bottom of all
openings shall be no higher than one (1) foot above the level of the floor they are to service.
Openings may be equipped with screens, louvers, valves, or other coverings or devices,
provided that they permit the automatic entry and exit of floodwaters.
H. All new and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the system.
I. New and replacement sanitary sewage systems shall be designed to minimize or eliminate
inflow of flood waters into the systems and discharges from the systems into flood waters.
J. On-site waste disposal systems (including septic tanks) shall be designed and/or located to
minimize or eliminate impairment to, or contamination from, them during flooding.
K. Emergency generators for standpipe systems, in accordance with the requirements of the
Collier County Building Code or other applicable County Ordinances, must be located above
the base flood elevation level, and all fuel tanks for said generators must be waterproofed
and vented above the base flood elevation level.
L. Electrical transformer and/or switching vaults, pad-mounted transformers, pad-mounted
switches, and related facilities shall be permitted as independent units below the minimum
flood elevation level. Such structures may be located within or outside a building, and are
�-- not required to be waterproofed or constructed with breakaway walls, provided registered
professional engineer or registered professional architect certifies that they will not adversely
affect the structural integrity of the building in which they are located or any part thereof.
M. All meter enclosures for self-contained electric kilowatt-hour meters serving buildings shall
be located above the base flood elevation. If complying with this regulation results in a
vertical distance from finished grade to the center of the meter or meters of more than six (6)
feet, the meter enclosure shall be located on the outside of an exterior wall with an
unobstructed and ready access from an open exterior stairway. When it is necessary to use
a stairway for access to a meter, the vertical distance from the tread of the stairway to the
center of the meter shall be four(4)to six(6)feet.The meter shall be placed in a position that
will not obstruct stairway traffic. On multi-unit buildings, meters and meter Enclosures will be
allowed within the building, provided they are above the base flood elevation and located
in meter rooms.
3.02.07 Specific Standards for Construction Within Coastal High Hazard Areas
A. Coastal high hazard areas within the areas of special flood hazard have special flood hazards
associated with high velocity waters from tidal surge and hurricane wave wash. Therefore, the
following provisions shall apply:
1. All new construction and substantial improvements in the coastal high hazard area shall
be elevated on pilings and columns so that the bottom of the lowest horizontal structural
member of the lowest floor (excluding the pilings or columns) is elevated to or above the
base flood level; and the pile or column foundation and structure attached thereto is
Supp. No. 5 LDC3:5
COLLIER COUNTY LAND DEVELOPMENT CODE
3.02.07 A.1. 3.02.08 A.1.
anchored to resist flotation, collapse, and lateral movement due to the effects of wind and
water loads acting simultaneously on all building components. Wind and water loading
values shall each have a one (1) percent chance of being equaled or exceeded in any given
year(100-year mean recurrence interval).A registered professional engineer or architect shall
develop or review the structural design, specifications, and plans for the construction, and
shall certify that the design and methods of construction to be used are in accordance with
accepted standards of practice for meeting the provisions this paragraph.
2. All new construction and substantial improvements within the coastal high hazard area
shall have the space below the lowest floor either free of obstruction or constructed with
non-supporting breakaway walls, open wood lattice-work, or insect screening intended to
collapse under wind and water loads without causing collapse, displacement, or other
structural damage to the elevated portion of the building or supporting foundation system.
For the purposes of this section, a breakaway wall shall have a design safe loading
resistance of not less than ten (10) and no more than twenty (20), pounds per square foot.
Use of breakaway walls which exceed a design safe loading resistance of twenty (20)
pounds per square foot (either by design or when so required by local or State Codes) may
be permitted only if a registered professional engineer or architect certifies that the design
proposed meets the following conditions:
a. Breakaway wall collapse shall result from a water load less than that which could
occur during the base flood; and
b. The elevated portion of the building and supporting foundation system shall not be
subject to collapse, displacement, or other structural damage due to the effects of
wind on building components (structural and non-structural). Maximum wind and
water loading values to be used in this determination shall each have one (1) percent
chance of being equaled or exceeded in any given year (100-year mean recurrence
interval). Such enclosed space shall be usable solely for parking of vehicles, building
access, or storage.
3. All swimming pools within the coastal high hazard area shall be anchored to a pile or column
foundation to resist flotation, collapse, and lateral movement due to the effects of wind and
water loads acting simultaneously on the pool. Exception: above-ground pools,for the private
use of one- or two-family dwellings that are constructed with a vinyl liner as the main
component.
4. It is prohibited to use fill for structural support of buildings within the coastal high hazard
area. It is prohibited to alter sand dunes and mangrove stands, within the coastal high
hazard area, if the County Manager or designee determines that such alteration would
increase potential flood damage.
3.02.08 Regulations Within the Floodways
A. When floodways are designated within areas of special flood hazard, additional criteria shall be
met. Since the floodway is an extremely hazardous area due to the velocity of flood waters, which
carry debris, potential projectiles, and erosion potential, the following provision shall apply:
1. Encroachments, including fill, new construction, substantial improvements and other ---
developments, are prohibited, unless the property owner provides a certification by a
professional registered engineer demonstrating that such encroachments shall not result in a
significant increase in flood levels during occurrence of the base flood discharge.
Supp. No. 5 LDC3:6
RESOURCE PROTECTION
3.02.09 A. 3.02.10 A.
3.02.09 Regulations for Mobile Homes and Recreational Vehicles
A. No mobile home shall be placed in the coastal high hazard area, as depicted on the county-wide
Future Land Use Map, or in a floodway, except in an existing mobile home park or existing mobile
home subdivision,or land already zoned to allow mobile home development.
B. All mobile homes placed, or substantially improved,on individual lots or parcels, in expansions to
existing mobile home parks or subdivisions, must meet all the requirements for new construction,
including elevation and anchoring.
C. All mobile homes to be placed, or substantially improved, in an existing mobile home park or
subdivision must be elevated on a permanent foundation such that the lowest floor of the mobile
home is at or above the base flood elevation, and securely anchored to an adequately anchored
foundation system in accordance with the provisions of this LDC.This paragraph applies to:
1. Mobile homes to be placed, or substantially improved, in an existing mobile home park or
subdivision.
2. Mobile homes to be placed, or substantially improved, in an existing mobile home park or
subdivision, except where the repair, reconstruction, or improvement of the streets, utilities,
and pads equals or exceeds 50 percent of the value of the streets,utilities,and pads before the
repair, reconstruction, or improvement has commenced. Existing mobile homes that are
substantially improved will require reinforced piers or other foundation elements that are no
less than 36 inches in height above grade, or have their lowest floor at or above the base
flood elevation, if this allows for use of a lower foundation.
3. Mobile homes in existing mobile home parks or subdivisions shall be elevated 36 inches
above finished grade on reinforced piers when the repair,reconstruction,or improvement of the
streets, utilities, and pads equals or exceeds 50 percent of the value of the streets, utilities,
and pads before the repair, reconstruction, or improvement has commenced.
D. All mobile home parks or subdivisions must develop,and have approved by the County Manager or
designee, a plan for evacuating the residents of existing mobile home parks or subdivisions.
E. All recreational vehicles placed on sites within Zones Al-30, AH, and AE on the community's FIRM
shall either:
1. Be on the site for fewer than 180 consecutive days;
2. Be fully licensed and ready for highway use;or
3. Meet the permit requirements of this section,and the elevation and anchoring requirements for
"mobile homes" in accordance with this section.
F. A recreational vehicle is ready for highway use if it is on its wheels or jacking system,is attached to the
site only by quick disconnect type utilities and security devices, and has no permanently attached
additions.
(Ord.No.08-63, § 3.F)
3.02.10 Standards for Subdivision Plats
A. All subdivision plats shall be consistent with the need to minimize flood damage.
Supp.No.15 LDC3:7
COLLIER COUNTY LAND DEVELOPMENT CODE
3.02.10 B. 3.03.03 A.3.
B. All subdivision plats shall have public utilities and facilities, such as sewer, gas, electrical, and water
systems, located and constructed to minimize flood damage.
C. All subdivision plats shall have adequate drainage provided to reduce exposure to flood hazards.
D. Base flood elevation data shall be shown on the Master Subdivision Plan.
E. All final plats presented for approval shall clearly indicate the finished elevation of the roads and the
average finished elevation of the lots or homesite.All grades must be shown in NAVD.
(Ord.No.06-63, § 3.L;Ord. No. 13-56, §3.D;Ord.No. 16-27, § 3.H)
3.03.00 COASTAL ZONE MANAGEMENT
3.03.01 Purpose
The purpose of this section is to manage and conserve the habitats, species, natural shoreline, and dune
systems in the County's coastal zone, as defined in the Collier County GMP and herein, through the
identification, protection, conservation, and appropriate use of native vegetative communities and wildlife
habitats.
3.03.02 Applicability
A. New and existing development in the coastal zone shall be in compliance with the goals, objectives,
and policies of the conservation and Coastal Management Element (CCME) of the Collier County
GMP and with this LDC until the formal adoption by the County of all land development regulations,
ordinances, policies, and programs as adopted by the BCC, and as prescribed by the conservation
and Coastal Management Element of the Collier County GMP.
B. In addition to these coastal zone regulations, all land development activities on shorelines, and/or
undeveloped and developed coastal barriers, shall comply with the County's environmental land
development regulations, including, but not limited to: section 2.03.07(D)(1), Special Treatment
Overlay district (ST); procedural requirements in Chapter 10; section 3.05.00, Vegetation Removal,
Protection and Preservation; section 3.04.03, sea turtle Protection; section 3.04.00, Endangered,
Threatened or Listed Species Protection;Chapter 10,Coastal Construction setback line variance;and
as required by Vehicle on the beach Regulations in the County Code of Ordinances.
(Ord.No.07-67, § 3.G)
3.03.03 Priority for Location of Structures,Development,or Site Alterations
A. Any proposed structure or site alteration on a shoreline shall be located within the boundaries of the
subject parcel with the most impacted coastal habitats existing on the subject parcel receiving the
highest priority for siting of the proposed structure or site alteration. The following categories of
impacts, 1 through 7, shall be used to determine the priority for location of development or site
alteration:
1. Areas presently developed.
2. Disturbed uplands.
3. Disturbed freshwater wetlands.
Supp.No.15 LDC3:8
RESOURCE PROTECTION
3.03.03 A.4. 3.03.06 B.
4. Disturbed brackish water and marine wetlands.
5. Viable unaltered uplands.
6. Viable unaltered freshwater wetlands.
7. Viable unaltered brackish water and marine wetlands.
B. If "1. Areas presently developed" exists on the subject parcel, it shall be the preferred site for the
proposed structure or site alteration. If "1" is not present, and "2. Disturbed uplands" exists on the
subject parcel, "2" shall be the preferred site for development or site alteration. This siting process
shall continue in the same manner through "7," until a specific area is identified as an appropriate
location for the proposed structure or site alteration on the subject parcel.
C. In the event that the proposed development or site alteration requires a larger area than is available
in the highest category of impacted habitat, then any adjoining land in the next highest category of
impacted habitat shall, in addition, be allocated for location of the proposed development or site
alteration. Where there is a mixture of categories of impacted habitat, and it is not possible to follow
the priorities noted above,the proposed development or site alteration shall be planned to maximize
the use of land for development in the highest ranked categories and to minimize the use of land in
the lowest ranked categories.The burden of proof shall be on the applicant to establish that a higher
ranked category of impacted habitat is not feasible for siting the proposed development or site
alteration.
3.03.04 Procedures
�.- Proposed development shall be shown on preliminary or final plats or on site development plans.
Requirements for plats, site development plans, and review are described in Chapter 10.
3.03.05 Sea Level Rise
An analysis shall be required demonstrating the impact of a six (6) inch rise in sea level for development
projects on a shoreline. This requirement shall be met by inclusion of this analysis in an environmental
impact statement (EIS). This requirement shall be waived when an EIS is not required. This analysis shall
demonstrate that the development will remain fully functional for its intended use after a 6 inch rise in sea
level. In the event that the applicant cannot meet this requirement, a list shall be provided by the applicant
of the changes necessary in order for the development to meet the standard.
(Ord. No. 06-63, § 3.M)
3.03.06 Native Vegetation Retention on Coastal Barriers
Native vegetation retention or revegetation shall be in compliance with the requirements of section
3.05.00, and shall incorporate, at a minimum, the preservation and revegetation standards as follows:
A. Native vegetation shall be preserved to the maximum extent possible. To the extent that
native vegetation cannot be retained on-site, and the remaining native vegetation can be
supplemented without degrading or damaging its natural function, then the existing native
vegetation shall be supplemented with compatible vegetation on-site.
B. All beach front land development projects shall be required to revegetate the dune where
the dune is devoid of coastal dune vegetation.
Supp. No. 11 LDC3:9
COLLIER COUNTY LAND DEVELOPMENT CODE
3.03.06 C. 3.03.07 C.
C. All land development projects shall provide 100 percent native Southern Floridian species
within their required landscaping and buffering standards as established within section
4.06.00.
D. Appropriate coastal dune or strand vegetation shall be required as the only stabilizing
medium in any coastal barrier dune or strand vegetation restoration program.
3.03.07 Undeveloped Coastal Barriers
In addition to the regulations contained in section 3.03.02, the following standards shall apply to any
proposed structure or site alteration within all undeveloped coastal barriers:
A. The County shall not approve any plan of development of an undeveloped coastal barrier
which would exceed a density of 1 structure per 5 acres of fastland, except for legal
nonconforming lots of record, either individually or in combination with adjacent devel-
opments.
B. The following land development activities shall be prohibited:
1. Bridges and causeways to or on undeveloped coastal barrier islands;
2. Paved roads;
3. Commercial marinas; and
4. Shore-hardening structures.
C. Filling and excavation are prohibited on undeveloped coastal barriers, except as follows:
1. When part of a dune or beach restoration program, as permitted by governmental
agencies having jurisdiction.
2. When part of a wastewater treatment system, as permitted by governmental
agencies having jurisdiction.
3. When part of a public development plan, as permitted by governmental agencies
having jurisdiction.
Supp. No. 11 LDC3:10
RESOURCE PROTECTION
3.03.07 D. 3.03.07 D.
D. The undeveloped coastal barriers of Collier County are depicted by the following illustrations:
........
UNDEVELOPED COASTAL BARRIERS
IN COLLIER COUNTY
1 (
Co&
WIGGINS PASS UNIT FL-65P
WMONS P43$ 1
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CLAM PASS UNIT FL-61P V 1 1 i
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Loll'
Supp.No. 11 LDC3:11
COLLIER COUNTY LAND DEVELOPMENT CODE
3.03.07 D. 3.03.07 D.
UN DIN ELOPED COASTAL BARRIERS
OF COL COUNTY
WIGGINS PASS UNIT FL-65P
CLAM PASS UNIT FL-64P
r
LEE COUNTY
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•WIGGINS PASS UNIT FL-65P
WIGGINS PASS PASS '
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CLAM PASS UNIT FL-64P
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......
Supp. No. 11 LDC3:12
RESOURCE PROTECTION
3.03.07 D. 3.03.07 D.
Ikel
UNDEVELOP111) COASTAL BARRIERS
!••
•:•
OF COLLIER COUNTY
..•
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KEEWAYDIN ISLAND UNIT P16
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TIGERTAIL UNIT F1,63P
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• HURRICANE PASS
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• CAXAMBAS PASS
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MILE
Supp. No. 11 LDC3:13
COLLIER COUNTY LAND DEVELOPMENT CODE
3.03.07 D. 3.04.01 B.1.
c
IJ`T.)EV.E:.(( CO.,OP)IaD COASTAL 1_ ARR1. .:RS
F, V.Li COLLIER COUNTY
CAPE ROM NO UNIT P 15
cl: c p :P4-- j -sew
CAXAMBAS PASS T ti, l'
�"
�, ` ,te �,._.:. i' �,�1 6i 9d0
V, BLIND PASS`,, % k
1
r GULLIVAN PASS t' AI
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(Ord. No. 04-54, § 3, 7-27-04)
3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES
3.04.01 Generally
A. The purpose of this section is to protect species in the County, by including measures for protection
and/or relocation of endangered, threatened, or species of special concern listed by:
1. Florida Fish and Wildlife Conservation Commission (FFWCC)as endangered,threatened, or
species of special concern, and as provided for the bald eagle in F.A.C. 68A-16.002.
2. United States Fish and Wildlife Service (USFWS) as endangered or threatened, and as
provided for by the Bald and Golden Eagle Protection Act.
B. Applicability and Exemptions.
1. General Applicability: Except as provided in 2. below, all new development shall be directed
away from listed species and their habitats by complying with the guidelines and standards
..... set forth in this section.
Supp. No. 11 LDC3:14
RESOURCE PROTECTION
3.04.01 B.2. 3.04.01 D.1.
2. Exemptions: The following are exempt from the provisions of this Section:
a. Agricultural operations that fall within the scope of sections 163.3162(4)or 823.14(6),
Florida Statutes;
b. All development within the RLSA District, except as specifically provided in section
4.08.00; and
c. All development within the NBMO,except as specifically provided in section 2.03.08.
C. Management Plans.
1. Exemption. Single-family platted lots or construction of a single-family home, including
accessory uses and structures, on a lot of record shall not be required to prepare a
management plan, but shall comply with approved management plans for the subdivision in
which they are located.
2. Management Plans.
a. General Requirements. A wildlife management plan shall be required for all projects
where the wildlife survey indicates listed species are utilizing the site, or where bald
eagle nests occur on the site or within distances to the site identified in the Bald Eagle
Management Plan utilized by the FFWCC.These plans shall describe how the project
directs incompatible land uses away from these species and their habitats and shall
incorporate proper techniques to protect these species and their habitat, and the
nests of bald eagles from the negative impacts of proposed development. Incom-
patible land uses and proper techniques to protect listed species and their habitat,
and the nests of bald eagles,shall be in accordance with the guidelines,management
plans and recommendations of the FFWCC or USFWS. Management plans for listed
plant and animal species, and for the nests of bald eagles, shall be included as part
of the preserve management plan, if a preserve management plan is required. The
County shall notify the FFWCC and USFWS of the existence of any listed species
that may be discovered.
b. References. Management guidelines contained in publications utilized by the FFWCC
and USFWS as their technical assistance, shall be used for developing required
management plans.
D. Protective Measures. All developments subject to this section shall adhere to the following:
1. General.
a. In those areas where clustering is permitted, all developments shall be clustered
to discourage impacts to listed species habitats.
b. Open space and vegetation preservation requirements shall be used to establish
buffer areas between wildlife habitat areas and areas dominated by human activities.
c. Provisions such as fencing, walls, or other obstructions shall be provided to minimize
development impacts to the wildlife and to facilitate and encourage wildlife to use
wildlife corridors.
Supp. No. 6 LDC3:15
COLLIER COUNTY LAND DEVELOPMENT CODE
3.04.01 D.1. 3.04.02 A.
d. Appropriate roadway crossings, underpasses, and signage shall be used where
roads must cross wildlife corridors.
e. When listed species are directly observed on site or indicated by evidence, such as
denning, foraging or other indications, priority shall be given to preserving the habitat
of that listed species, as provided in section 4.06.04.
f. Management Plans shall contain a monitoring program for developments greater
than 10 acres.
g. Letters of technical assistance from the FFWCC and/or recommendations from the
USFWS shall be deemed to be consistent with the GMP. Other forms of technical
assistance from the FFWCC and/or USFWS shall be acceptable based on the nature
of the evaluation.
E. Single-family platted lots or construction of a single-family home, including accessory uses and
structures, on a lot of record, shall be exempt from the requirements set forth in sections 3.04.02
A, C, E, F, G and 3.04.03, but shall comply when required as part of the subdivision in which they
are located. Other agency approvals may be required in accordance with 10.02.06 C.
(Ord. No. 10-23, § 3.K)
3.04.02 Species Specific Requirements
Wildlife habitat management plans for listed species shall be submitted for County approval.A plan shall be
required for all projects where the wildlife survey indicated listed species are utilizing the site (other than for
occasional use by non-resident species such as wading birds) or if required by state and federal permit
requirements. These plans shall describe how the project directs incompatible land uses away from listed
species and their habitats. The County shall, consistent with applicable GMP policies, consider and utilize
recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation
Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on
property containing listed species. It is recognized that these agency recommendations, on a case by case
basis, may change the requirements contained within these wildlife protection policies and any such change
shall be deemed consistent with the Growth Management Plan. The following specific species management
and protection plans shall be applicable,in addition to those required by other provision in this section 3.04.00:
A. Gopher Tortoise (Gopherus polyphemus).
1. All native habitats occupied by gopher tortoises and the associated listed commen-
sals are hereby protected.
2. It is expressly prohibited to take, which means to harass, harm, hunt, shoot, wound,
kill, trap, capture, collect, molest, pursue, or attempt to engage in any such conduct,
any gopher tortoise,and to alter, destroy,or degrade the functions and values of their
burrows or habitat, unless otherwise provided for in this section.
3. All gopher tortoise burrows are protected, and it is prohibited to intentionally destroy
or take any such burrow by any means, unless otherwise provided for in this section.
4. Relocation shall be permitted and executed according to FFWCC Gopher Tortoise
Permitting Guidelines.
Supp. No. 6 LDC3:16
RESOURCE PROTECTION
3.04.02 A. 3.04.02 A.
5. When gopher tortoises are identified on-site,a habitat protection and/or management
plan or off-site relocation plan, as prepared by a FFWCC permitted Authorized
Gopher Tortoise Relocation Agent, shall be submitted to the County Manager or
designee for review and approval.
6. The on-site habitat protection and/or management plan shall include, but not be
limited to, the following items:
a. A gopher tortoise survey no more than 6 months old or within the time frame
recommended by the FFWCC, which may be field-verified by the County
Manager or designee.
b. A proposal for either maintaining the habitat for the population on site or
relocating the existing population to a gopher tortoise recipient site permitted
by the FFWCC.
c. If preserved on site, a site plan identifying the boundaries of the gopher
tortoise preserve.
d. The method of relocation, if necessary.
e. The proposed supplemental plantings, if needed.
f. Details of the construction and maintenance of gopher tortoise preserve
fencing to protect tortoises during construction.
g. An annual maintenance plan describing exotic removal and vegetation
management.
h. Identification of persons responsible for the initial and annual protection
and/or management of the tortoises and the preserve area. Suitable gopher
tortoise habitat and maximum allowable density of gopher tortoises shall be
in accordance with the parameters identified in Gopher Tortoise Manage-
ment Plan and Gopher Tortoise Permitting Guidelines utilized by the FFWCC.
Suitable gopher tortoise habitat preserved on site shall be designated on the
site plan at the time preserves are established and shall be credited to the
preservation requirement as specified in section 3.05.00.
i. Habitat management and monitoring to ensure habitat within the preserve is
maintained in accordance with the parameters identified in Gopher Tortoise
Management Plan and Gopher Tortoise Permitting Guidelines utilized by the
FFWCC.
j. Methods identified to protect tortoises from roadways, domestic animals, or
other possible dangers, if needed.
7. When identifying the native vegetation preservation requirement of section 3.05.07
for parcels containing gopher tortoises, priority shall be given to protecting the
largest, most contiguous gopher tortoise habitat with the greatest number of active
burrows, and for providing a connection to off-site adjacent gopher tortoises'
Supp. No. 6 LDC3:17
COLLIER COUNTY LAND DEVELOPMENT CODE
3.04.02 A. 3.04.02 B.
L preserves. It shall be a priority to preserve scrub habitat, when it exists on-site,for its
rare unique qualities and for being one of the most endangered habitats in the
County, regardless of whether gopher tortoises are relocated off-site.
8. All gopher tortoises shall be captured and relocated from within the development
footprint prior to any site improvement, in accordance with FFWCC guidelines and
the protection/management plan approved by County Manager or designee. High
densities of hatchlings and juvenile tortoises are often found in dense thickets of low
growing vegetation in habitat where existing gopher tortoises and their burrows are
located. In areas where relocation of gopher tortoises is required, the location of
these thickets shall be identified in the protection/management plan and any gopher
tortoises within these areas shall also be relocated.
B. Sea Turtle Protection.
1. The purpose of this section is to protect the threatened and endangered sea turtles
that nest along the beaches of the County, by safeguarding sea turtle hatchlings from
sources of artificial light, and adult and hatchling sea turtles from injury or harass-
ment. The County shall adhere to state and federal guidelines for the protection of
sea turtles.
2. The requirements of this section apply when development or lighting associated with
development is located within 300 feet of coastal mean high water; when parking
lots, dune walkovers, or other outdoor lighting is proposed; and when reflective
surfaces that will be illuminated by outdoor lighting will be visible from the beach.
a. Outdoor lighting shall be held to the minimum necessary for security and
safety. Floodlights and landscape or accent lighting shall be prohibited.
b. All lighting, including wall-mounted fixtures, pole lighting, lights on balconies,
and any other type of lighting not specifically referenced by this section,shall
be of low intensity,and shall be fitted with hoods or positioned so that the light
sources, or any reflective surfaces illuminated by such sources, shall not be
visible from the beach.
c. Low profile luminaries shall be used in parking lots,and such lighting shall be
fitted with hoods or positioned so that the light sources, or any reflective
surfaces illuminated by such sources, shall not be visible from the beach.
d. Dune crosswalks shall utilize low profile shielded luminaries directed and
positioned so that light sources,or any reflective surfaces illuminated by such
sources shall not be visible from the beach. Dune crossover lighting shall be
limited to the area landward of the primary dune.
e. If high intensity lighting is necessary, low pressure sodium vapor luminaries
shall be used and fitted with a hood or positioned so that the light sources, or
any reflective surfaces illuminated by such sources, shall not be visible from
the beach.
Supp. No. 6 LDC3:18
RESOURCE PROTECTION
3.04.02 B. 3.04.02 B.
f. Plates of tinted glass are required for windows that are visible from the
beach. The tinted glass shall be any window or glazing that has an
industry-approved light transmittance value of 45 percent or less. Such
transmittance shall be limited to the visible spectrum (400 to 700 nanome-
ters), and shall be measured as the percentage of light that is transmitted
through the glass, inside to outside.
g. Temporary security lights at construction sites shall not be mounted more
than 15 feet above the ground. Light sources, or any reflective surfaces
illuminated by such sources, shall not be visible from the beach.
3. For existing development, existing structures with any light sources, or reflective
surfaces illuminated by such sources, that are visible from the beach, shall be in
compliance with the following:
a. All lights shall be turned off after 9:00 p.m. between May 1 and October 31
of each year, or fitted with a hood or positioned so that the light sources, or
any reflective surfaces illuminated by such sources, shall not be visible from
the beach.
b. Lights illuminating dune crosswalks shall be turned off after 9:00 p.m.
between May 1 and October 31 of each year, and must be modified to
conform to the requirements for new development in accordance with
section 3.04.03(B) of this section.
c. Security and emergency exit lighting shall follow the same requirements
stated in section 3.04.03(C)(1) of this section. If high intensity lighting is
necessary, low pressure sodium vapor luminaries shall be used and fitted
with a hood, or positioned so that the light sources, or any reflective surfaces
illuminated by such sources, shall not be visible from the beach.
d. At least one (1) of the following measures shall be taken, where applicable,
to reduce or eliminate the negative effects of interior light emanating from
doors or windows within the line of sight of the beach, where lights currently
illuminate the beach:
i. In windows facing the Gulf of Mexico, and all inlet shorelines of
these beaches, tinted window treatments are required for windows
that are visible from the beach so that indoor lights do not illuminate
the beach. The tinted glass shall be any window or glazing that has
an industry-approved light transmittance value of forty-five (45)
percent or less. Such transmittance shall be limited to the visible
spectrum (400 to 700 nanometers), and shall be measured as the
percentage of light that is transmitted through the glass, inside to
outside.
ii. Rearrange lamps and other movable fixtures away from windows.
iii. Use window treatments, including, but not limited to, blinds and
curtains, to shield interior lights from the beach.
Supp. No.6 LDC3:19
COLLIER COUNTY LAND DEVELOPMENT CODE
3.04.02 B. 3.04.02 B.
iv. Turn off unnecessary lights.
4. All publicly owned lighting with light sources that are visible from the beach, or that
illuminate reflective surfaces that are visible from the beach, shall be turned off after
9:00 p.m. between May 1 and October 31 of each year, or shall be fitted with a hood,
or positioned so that the light sources, or any reflective surfaces illuminated by such
sources, are not visible from the beach.
5. It shall be unlawful, during the nesting season, to construct any structure, add any
fill, mechanically clean any beach, or grade any dirt within 100 feet of the nesting
zone of a beach where sea turtles nest or may nest, without obtaining a construction
in sea turtle nesting area permit from the County Manager or designee.
a. If sea turtle nesting occurs within 100 yards of the construction, measured
parallel to the shoreline during permitted construction activities, the nest
area shall be flagged by the permittee and the County Manager or designee
informed prior to 9:00 a.m. of that morning.
b. Depending on nest location, in relation to intensive construction activities,the
County Manager or designee may require that the nest(s)be relocated by the
applicant.
c. Construction activities shall not interfere with sea turtle nesting, shall
preserve or replace any native vegetation on the site, must maintain the
:- natural existing beach profile, and minimize interference with the natural
beach dynamics and function.
d. Construction or repair of any structure, including, but not limited to, dune
walkovers, seawalls, or other revetments, sandbags, groins, or jetties, shall
not be permitted during sea turtle nesting season on any County beaches,
except if permitted structures are damaged by a named storm or other
declared natural disaster and the following conditions are met:
i. Minor Repair Work. Minor repair work(boards need to be nailed back
to the existing intact structure, or less than 10 percent of the boards
need to be replaced)that can be performed completely from atop the
structure is authorized after obtaining the necessary approval of the
FDEP and notifying the County Manager or designee of that work.
Work must be completed within 12 months of the named storm or
declared natural disaster.
ii. Major Repair Work. Prior to any repair work (greater than that
described in i. above) or reconstruction of any part of the structure,
the following information shall be provided so that staff can deter-
mine if the major repair or reconstruction can occur prior to the end
of sea turtle nesting season:
a) The appropriate permit or authorization from FDEP, if re-
quired.
Supp. No. 6 LDC3:20
RESOURCE PROTECTION
3.04.02 B. 3.04.02 B.
b) The location of all known sea turtle nests. The County
Manager or designee will provide assistance in locating
nests.Construction activities shall not occur within 10 feet of
the boundaries of viable nests.
c) A survey by a FFWCC permitted Authorized Gopher Tortoise
Relocation Agent locating any gopher tortoise burrows on
site within 50 feet of proposed construction. Relocation of
gopher tortoises will be required when the burrows are in
harm's way of the construction activity.
d) Photographs of the site as it existed after the storm to
document the conditions of the property.
e) An aerial of the property showing the CCSL line.
f) A copy of a CCSL variance or CCSL permit, if required, and
building permit approving the original construction of the
structure.
g) Sea turtle nest locations will be reestablished using their
previously recorded GPS locations and accuracy data to
identify a 95% confidence boundary. Construction activities
shall not occur within 10 feet of these boundaries for viable
nests. Nests will be considered viable for 80 days from the
time the nest was recorded unless it can be proven that a
particular nest has been damaged by the storm and there is
no chance of any hatchlings.
e. Minor structures, as defined by Florida Statutes Subsection 161.055, of the Coastal
Zone Protection Act of 1985, shall be approved provided that they also comply with:
Federal requirements for elevations above the 100-year flood level,
ii. Collier County Building Code requirements for flood proofing,
iii. Current building and life safety codes,
iv. Collier County and State of Florida Department of Environmental Protection
CCSLJCCCL regulations,
v. Applicable disability access regulations of the American Disability Act(ADA),
and
vi. Any required Collier County zoning and other development regulations with
the exception of existing density or intensity requirements established,
unless compliance with such zoning or other development regulations
would preclude reconstruction otherwise intended by the Build back Policy as
determined by the Emergency Review Board established herein.
Supp. No.6 LDC3:21
COLLIER COUNTY LAND DEVELOPMENT CODE
3.04.02 B. 3.04.02 G.
6. The following shall be obligations for all property owners who have had sand washed
ashore (as a result of a storm) and deposited on the dune and seaward of the CCSL.
As supported by GMP Conservation and Coastal Management Element Objective
10.4 and Policy 10.4.8, construction seaward of the CCSL shall not interfere with sea
turtle nesting, will minimize interference with natural beach dynamics, and where
appropriate will restore the historical dunes and will vegetate with native vegetation
and help in the restoration of natural functions of coastal barriers and beaches and
dunes.
The property owner may be prohibited from removing the deposited sand when it is
determined that the wash over was a part of the natural rebuilding of the beach and
dune system. Only native salt tolerant beach or dune vegetation may be planted on
the deposited sand, after obtaining a Collier County CCSL permit.
This shall not apply to sand washed over onto yards that have received the
appropriate Collier County approvals for landscaping seaward of the CCSL(such as
single family homes along Vanderbilt Beach).
7. It shall be unlawful for any person to kill, molest, or cause direct or indirect injury to
any species of sea turtle in Collier County or within its jurisdictional waters. It shall be
unlawful to collect or possess any part of a sea turtle.
C. Florida Scrub Jay (Aphelocoma coerulescens).The required management plan shall provide
for a maintenance program and specify an appropriate fire or mechanical protocols to
maintain the natural scrub community.The plan shall also outline a public awareness program
to educate residents about the on-site preserve and the need to maintain the scrub
vegetation.
D. Bald Eagle. For the bald eagle (Haliaeetus leucocephalus),the required habitat management
plans shall establish protective zones around the eagle nest restricting certain activities. The
plans shall also address restricting certain types of activities during the nesting season.
E. Red-Cockaded Woodpecker. For the red-cockaded woodpecker (Picoides borealis), the
required habitat protection plan shall outline measures to avoid adverse impacts to active
clusters and to minimize impacts to foraging habitat. Where adverse effects can not be
avoided, measures shall be taken to minimize on-site disturbance and compensate or
mitigate for impacts that remain.
F. Florida Black Bear. In areas where the Florida black bear (Ursus americanus floridanus)may
be present, the management plans shall require that garbage be placed in bear-resistant
containers, at one or more central locations. The management plan shall also identify
methods to inform local residents of the concerns related to interaction between black bears
and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the
management plan.
G. Panther. For projects located in Primary and Secondary zones, the management plan shall
discourage the destruction of undisturbed, native habitats that are preferred by the Florida
panther (Felis concolor coryi) by directing intensive land uses to currently disturbed areas.
�... Preferred habitats include pine flatwoods and hardwood hammocks. In turn,these areas shall
be buffered from the most intense land uses of the project by using low intensity land uses
Supp. No. 6 LDC3:22
RESOURCE PROTECTION
3.04.02 G. 3.04.04
(e.g., parks, passive recreational areas, golf courses). Golf courses within the RFMU district
shall be designed and managed using standards found in that district.The management plans
shall identify appropriate lighting controls for these permitted uses and shall address the
opportunity to utilize prescribed burning to maintain fire-adapted preserved vegetative
communities and provide browse for white-tailed deer.
H. West Indian Manatee. The management and protection requirements based upon the
Manatee Protection Plan for the West Indian manatee (Trichechus manatus) are set forth in
section 5.05.02.
(Ord. No. 05-27, § 3.J; Ord. No. 10-23, § 3.L)
3.04.03 Requirements for Protected Plants
When habitat containing the following listed plants is proposed to be impacted, plants listed as Rare and
Less Rare (below) shall be relocated to on-site preserves if the on-site preserves are able to support the
species of plants. Relocation of epiphytic species of plants listed as Rare and Less Rare (below)shall only be
required for plants located within eight feet of the ground. Plants listed as Less Rare shall be relocated to the
on-site preserves only if the preserves do not already contain these species. When available, only two plants
per species per acre of plants listed as Less Rare are required to be relocated, up to a maximum of ten plants
per species per preserve.When available,seed from Tillandsia may be transferred to trees in lieu of relocation
of plants. Other than for Tillandsia, the species of plants listed below may be planted within preserves from
nursery grown stock in lieu of relocation. Sites infested with exotic species of Metamasius weevil which feed
on Tillandsia, shall not be allowed to relocate Tillandsia species. Plants listed in this section shall not require
the land in which they are located to be placed in a preserve.
Rare Plants:
Cowhorn orchid Cyrtopodium punctatum
Curtiss's milkweed Asclepias curtissii
Florida clamshell orchid Encyclia cochleata
Ghost orchid Polyrrhiza lindenii
West coast prickly apple Harrisia gracilis
Less Rare Plants:
Butterfly orchid Encyclia tampensis
Giant wild-pine Tillandsia utriculata
Inflated wild-pine Tillandsia balbisiana
Stiff-leaved wild-pine Tillandsia fasciculata
Twisted air plant Tillandsia flexuosa
Where clearing of vegetation is needed for habitats requiring fire or for activities needed to simulate fire,
epiphytic plants listed above should not be relocated into these habitats. Epiphytic plants may be removed
from preserves if located on vegetation required to be removed as part of an approved preserve management
plan.
(Ord. No. 10-23, § 3.M)
3.04.04 Penalties for Violation: Resort to Other Remedies
Violation of the provisions of this section or failure to comply with any of its requirements shall constitute a
misdemeanor.Any person or firm who violates this section or fails to comply with any of its requirements shall
upon conviction thereof be fined, or imprisoned,or both,as provided by law. Each day such violation continues
Supp. No.6 LDC3:23
COLLIER COUNTY LAND DEVELOPMENT CODE
3.04.04 3.05.02 C.
shall be considered a separate offense. Each taking of a gopher tortoise shall constitute a separate violation.
It is not the intent to include tortoises that may be accidentally injured or killed during an approved relocation
procedure that is done by a FFWCC permitted Authorized Gopher Tortoise Relocation Agent, in accordance
with their protection/management plan. Any other person, who commits, participates in, assists in, or
maintains such violation may each be found guilty of a separate offense and suffer the penalties herein
provided. The county, in addition to the criminal sanctions contained herein, may take any other appropriate
legal action, including but not limited to injunctive action, to enforce the provisions of this section.
(Ord. No. 10-23, § 3.N)
3.05.00 VEGETATION REMOVAL, PROTECTION, AND PRESERVATION
3.05.01 Generally
A. The purpose of this section is the protection of vegetation within the County by regulating its removal;
to assist in the control of flooding, soil erosion, dust, heat, air pollution, and noise; and to maintain
property, aesthetic, and health values within the County; to limit the use of irrigation water in open
space areas by promoting the preservation of existing plant communities; to limit the removal of
existing viable vegetation in advance of the approval of land development plans; and to limit the
removal of existing viable vegetation when no landscape plan has been prepared for the site. It is not
the intent of this section to restrict the mowing of nonprotected vegetation in order to meet the
requirements of other sections of this LDC.
B. It shall be unlawful for any individual, firm, association, joint venture, partnership, estate, trust,
syndicate, fiduciary, corporation, group, or unit of federal, state, County, or municipal government to
remove, or otherwise destroy, vegetation, which includes placing of additional fill, without first
obtaining a vegetation removal or vegetation removal and fill permit from the County Manager or
designee, except as hereinafter exempted.
3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation
A. NBMO exemption. Development in NBMO Receiving Lands are exempt from the provisions of this
section.
B. Seminole and Miccosukee tribe exception. In accordance with § 581.187, F.S., vegetation removal
permits shall not be required for members of either the Seminole Tribe of Florida or the Miccosukee
Tribe of Florida Indians,subject to the following conditions. Said permit exemption shall be for the sole
purpose of harvesting select vegetation, including, but not limited to, palm fronds and cypress,for use
in chickee hut construction, or for cultural or religious purposes Tribal member identification and
written permission from the property owner must be in possession at the time of vegetation removal.
This exemption shall not apply to general land clearing, or to agricultural land clearing, including
silviculture.
C. Agricultural exemption. Agricultural operations that fall within the scope of sections 163.3162(4) and
823.14(6), Florida Statutes, are exempt from the provisions of section 3.05.03 through 3.05.09,
provided that any new clearing of land for agriculture outside of the RLSA District shall not be
converted to non-agricultural development for 25 years, unless the applicable provisions set forth in
section 3.05.04 through 3.05.07 G. are adhered to at the time of the conversion. The percentage of
native vegetation preserved shall be calculated on the amount of vegetation occurring at the time of
Supp. No. 6 LDC3:24
RESOURCE PROTECTION
3.05.02 C. 3.05.02 D.1.
the agricultural clearing, and if found to be deficient, a native plant community shall be restored to
re-create a native plant community in all three strata(ground covers,shrubs and trees), utilizing larger
plant materials so as to more quickly re-create the lost mature vegetation.
D. Pre-existing uses. Exemptions from the requirements of section 3.05.07F through 3.05.09 shall not
apply to, affect or limit the continuation of uses within the RFMUD which existed prior to June 19,
2002.
1. Such existing uses shall include: those uses for which all required permits were issued prior
to June 19 2002; or projects for which a conditional use or Rezone petition has been
approved by the County prior to June 19, 2002; or, land use petitions for which a completed
Supp. No. 6 LDC3:24.1
RESOURCE PROTECTION
3.05.02 C. 3.05.02 G.1.
the agricultural clearing, and if found to be deficient, a native plant community shall be restored to
re-create a native plant community in all three strata(ground covers, shrubs and trees), utilizing larger
plant materials so as to more quickly re-create the lost mature vegetation.
D. Pre-existing uses.The requirements of LDC subsection 3.05.07 C shall not apply to, affect or limit the
continuation of uses within the RFMUD which existed prior to June 19, 2002. No changes in location
of preserves shall be required for projects identified by this exemption.
1. Such existing uses shall include: those uses for which all required permits were issued prior
to June 19, 2002; or projects for which a conditional use has been approved by the County
prior to June 19, 2002; or, projects for which a Rezone petition has been approved by the
County prior to June 19, 2002-inclusive of all lands not zoned Rural Agricultural (A); or, land
use petitions for which a completed application has been submitted and which have been
determined to be vested from the requirements of the Final Order prior to June 19, 2002.The
continuation of existing uses shall include on-site expansions of those uses if such
expansions are consistent with or clearly ancillary to the existing uses.
2. Such previously approved development shall be deemed to be consistent with the GMP
Goals, Policies and Objectives for the RFMU district,and they may be built out in accordance
with their previously approved plans. Changes to these previous approvals shall also be
deemed to be consistent with the GMP Goals, Objectives and Policies for the RFMU district
as long as they do not result in an increase in development density or intensity.
E. Mangrove trimming and alteration that is exclusively governed by the State pursuant to the Mangrove
Trimming and Preservation Act, Sections 403.9321 through 403.9333, F.S.
F. The following exceptions shall apply when there are no bald eagle nests:
1. A vegetation removal permit for clearing 1 acre or less of land shall not be required for the
removal of protected vegetation, other than a specimen tree, on lots subdivided for
single-family use pursuant to LDC section 3.05.02 F.1.a.—c. This exemption shall not apply
to lots on undeveloped coastal barrier islands or in the ST, ACSC-ST or RFMU overlay
districts when a higher native vegetation protection requirement may not allow for 1 full acre
of clearing.
a. A building permit has been issued for the permitted principal structure (the
building permit serves as the clearing permit); or
b. The permitted principal structure has been constructed, and the property owner or
authorized agent is conducting the removal, and the total area that will be cleared
on site does not exceed one acre; and
c. All needed environmental permits or management plans have been obtained from the
appropriate local, state and federal agencies.These permits may include but are not
limited to permits for wetlands impacts or for listed species protection.
G. A vegetation removal permit is not required for the following situations:
1. Removal of protected vegetation other than a specimen tree, when a site plan and
vegetation protection plans have been reviewed and approved by the County Manager or
designee as part of the final local development order.
Supp. No. 14 LDC3:25
COLLIER COUNTY LAND DEVELOPMENT CODE
3.05.02 G.2. 3.05.02 G.11.
2. Removal of protected vegetation from the property of a Florida licensed tree farm/nursery,
where such vegetation is intended for sale in the ordinary course of the licensee's business
and was planted for the described purpose.
3. Removal of protected vegetation, other than a specimen tree, by a Florida licensed
professional surveyor and mapper in the performance of his/her surveying duties, provided
such removal is for individual trees within a swath that is less than three (3) feet in width.
4. Removal of protected vegetation prior to building permit issuance, if the conditions set forth
in LDC section 4.06.04 A. are met.
5. Hand removal of prohibited exotic and non-native vegetation. See LDC section 3.05.05 for
mechanical removal of prohibited exotic and non-native vegetation.
6. After a right-of-way for an electrical transmission line or public utility distribution line has
been established and constructed, a local government may not require any clearing permits
for vegetation removal, maintenance, tree pruning or trimming within the established and
constructed right-of-way. Trimming and pruning shall be in accordance with LDC section
4.06.05. All needed environmental permits must be obtained from the appropriate agencies
and management plans must comply with agency regulations and guidelines. These may
include but are not limited to permits for wetland impacts and management plans for listed
species protection.
7. After a publicly owned road right-of-way has been legally secured, a local government may
not require any clearing permits for vegetation removal, maintenance, tree pruning or
trimming within the established road right-of-way. Trimming and pruning shall be in
accordance with LDC section 4.06.05. All needed environmental permits or management
plans have been obtained from the appropriate local, state and federal agencies. These
permits may include but are not limited to permits for wetland impacts or for listed species
protection.
8. Vegetation removal for environmental restoration projects on publically owned land desig-
nated as parks, preserves, forests or mitigation areas. State and Federal agency permits or
approvals shall be required, where applicable, prior to clearing.
9. Vegetation removal to implement Preserve Management Plans and wildfire mitigation plans
that specify land management practices for clearing for fuel management or fire lines in
accordance with normal forestry practices and which have been approved as part of a
Preserve Management Plan pursuant to LDC section 3.05.07 H. State and Federal agency
permits or approvals shall be required, where applicable, prior to clearing.
10. Creation of fire breaks installed by the Florida Forest Service or reviewed and approved by
the Florida Forest Service as part of a wildfire mitigation plan.
11. Removal of dead,dying or leaning trees within preserves which pose a safety concern,unless
such trees contain a nest or cavity of a listed animal species or bald eagle. Where such
preserves have monitoring plan requirements pursuant to LDC section 3.05.07.H.1.g, the
annual inspection monitoring report for the preserve shall document with photographs the
trees to be removed for safety concerns.
(Ord. No. 05-27, § 3.K; Ord. No. 06-63, § 3.N;Ord. No. 12-38, § 3.D; Ord. No. 13-56, §3.E; Ord. No. 14-33,
§ 3.E; Ord. No. 15-44, § 3.B)
Supp. No. 14 LDC3:26
RESOURCE PROTECTION
3.05.03 3.05.04 G.
3.05.03 Procedure for a Vegetation Removal Permit
A. The Administrative Code shall establish the process and application submittal requirements to obtain a
vegetation removal permit.
B. Issuance of permit.An approved vegetation removal permit is valid for a period not to exceed 180 days.
1. Approval.The County Manager or designee may approve,approve with conditions,or deny the
vegetation removal permit.Any conditions applied to the permit shall relate to the methods of
designating and protecting vegetation not proposed for removal.A violation of these conditions
shall constitute cause to void the vegetation removal permit.
2. Extension of permit. An extension requested prior to expiration of the original permit may be
granted for good cause shown upon written application to the County Manager or designee.
3. Permit fees. All vegetation removal permit applications shall be charged a review fee as
established by resolution of the Board of County Commissioners.
(Ord.No. 13-56, § 3.F)
3.05.04 Vegetation Removal and Protection Standards
A. During construction, all reasonable steps necessary to prevent the destruction or damaging of
vegetation shall be taken, including the installation of protective barriers. Vegetation destroyed or
receiving major damage must be replaced by vegetation of equal environmental value,as specified by
the County Manager or designee,before occupancy or use,unless approval for their removal has been
granted under permit.
B. During construction, unless otherwise authorized by a vegetation removal permit, no excess soil,
additional fill, equipment, liquids, or construction debris shall be placed within the dripline of any
vegetation that is required to be preserved in its present location.
C. Unless otherwise authorized by a vegetation removal permit,no attachments or wires,other than those
of a protective or nondamaging nature, shall be attached to any vegetation during construction.
D. Unless otherwise authorized by a vegetation removal permit, no soil is to be removed from within the
drip line of any vegetation that is to remain in its original location.
E. Areas to be preserved shall be protected during land alteration and construction activities by placing a
continuous barrier around the perimeter of the area of vegetation to be preserved.This barrier shall be
highly visible and constructed of wood stakes set a maximum of ten (10)feet apart,at a height range of
two(2)to four(4)feet,all covered continuously with brightly colored,all-weather mesh material or equal
type barrier method.An equivalent method may be substituted with the approval of the County Manager
or designee.
F. When the retention of single trees is required by this LDC,a protective barrier,similar to that required in
section 3.05.04 E.,shall be placed around the tree at a distance from the trunk of six(6)feet or beyond
the drip line, whichever is greater, or as otherwise approved by the County Manager or designee.
G. Protective barriers shall be installed and maintained for the period of time beginning with the
commencement of any phase of land clearing or building operations, and ending with the completion
Supp.No.15 LDC3:27
COLLIER COUNTY LAND DEVELOPMENT CODE
3.05.04 G. 3.05.05 E.
of that phase of the construction work on the site, unless otherwise approved to be removed by the
County Manager or designee.All protective barriers shall be installed pursuant to LDC sections 3.05.04
and 4.06.05 E.or other methods approved by the County Manager or designee.
H. Signage shall be placed around the preserve to identify and protect the preserve in accordance with the
following standards:
a. Signs identifying preserves shall be posted prior to preliminary acceptance for each phase of
Final Subdivision Plat(PPL)pursuant to LDC section 10.02.04,or first certificate of occupancy
for Site Development Plan,Site Improvement Plans and amendments thereof pursuant to LDC
section 10.02.03, whichever is applicable.
b. Signs identifying preserves shall be placed at the boundary of the preserve, except where a
preserve abuts another preserve.
c. There shall be at least one preserve sign posted every 300 feet, with a minimum of two signs
per preserve.However,where a preserve abuts a lake maintenance easement,there shall be
at least one preserve sign posted every 1,000 feet, with a minimum of one sign per lake.
d. Signs identifying preserves shall be a maximum height of four feet and a maximum size of two
square feet and otherwise comply with LDC section 5.06.00. Lettering for signs shall be a
minimum of two inches in height and the sign copy shall be clearly legible from the edge of
preserve as determined by the County Manager or designee.
The applicant for a vegetation removal permit shall, at the time of application, designate representa-
tive(s),who shall be responsible for the installation and the maintenance of all tree protection barriers,
and for supervising the removal of all existing vegetation permitted to be removed or altered.
(Ord.No. 16-27, § 3.1)
3.05.05 Criteria for Removal of Protected Vegetation
Native vegetation shall be retained within proposed developments where existing vegetation would be
expected to survive in open space areas or buffers,where site improvements or changes in elevation are not
proposed or required.A permit for the removal or replacement of plants installed as LDC required landscaping
shall be issued in accordance with LDC section 4.06.05.A vegetation removal permit may be issued under the
following conditions:
A. Protected vegetation is a safety hazard to pedestrian or vehicular traffic, public services, utilities, or to
an existing structure.
B. Diseased or otherwise unhealthy vegetation, as determined by standard horticultural practices, and, if
required, a site inspection by the County Manager or designee.
C. A final local development order has been issued which allows removal of the protected vegetation.
D. Compliance with other codes and/or ordinances may involve protected vegetation removal.
E. Mechanical removal of prohibited exotic and non-native vegetation.Mechanical removal is defined
as clearing that would impact or disturb the soil or sub-soil layers or root systems of plants below the
ground.
Supp.No.15 LDC3:28
RESOURCE PROTECTION
3.05.05 F. 3.05.05 H.
F. On a parcel of land zoned RSF,VR, E,or other nonagricultural,noncommercial zoning district in which
single-family lots have been subdivided for single-family use only,a vegetation removal permit may be
issued for any permitted accessory use to that zoning.
G. Removal of vegetation for approved mitigation bank sites (as defined by the Florida Administrative
Code)and state,federal or county approved or endorsed environmental preservation,enhancement or
restoration projects.Vegetation removal permits issued under these criteria are valid for the period of
time authorized by such agency permits.
H. Vegetation relocation plan.If vegetation relocation is proposed by the applicant prior to site develop-
ment plan, construction plan or other final approvals, a vegetation relocation permit (vegetation
removal permit) may be issued by the County Manager or designee provided that it can
Supp.No.15 LDC3:28.1
RESOURCE PROTECTION
3.05.05 H. 3.05.05 N.3.
be demonstrated that early transplantation will enhance the survival of the relocated vegetation. The
vegetation relocation plan shall document methods of relocation, timing of relocation, watering
provisions, maintenance and other information as required by the County Manager or designee.
Removal of vegetation to implement wildfire mitigation plans reviewed and approved by the Florida
Forest Service. Exemptions for fire breaks are as provided for in LDC section 3.05.02 G.
J. A State or Federal permit issuance depends on data that cannot be obtained without preliminary
removal of some protected vegetation. The clearing shall be minimized and shall not allow any
greater impacts to the native vegetation on site than is absolutely necessary.Clearing shall be limited
to areas that are outside any on-site preserves, as identified on the PUD master plan, Plat/
Construction Plans or Site Development Plan.
K. In conjunction with a Collier County approved Preserve Management Plan, native vegetation
clearing may be approved only when it is to improve the native habitat or to improve listed species
habitat.
L. Conservation Collier projects which may need minimal clearing for parking, pathways for walking, or
structures that may not require site plan approvals.
M. Early clearing as part of a final review of an SDP,SIP or PPL,in accordance with LDC sections 4.06.04
and 10.01.02. The following criteria shall apply:
1. Final configuration of preserves is complete.
2. Preserves shall be field surveyed and described by sketch and legal description or shown on
a specific purpose survey with geometry for the preserve provided. Vegetation shall be
protected in accordance with LDC section 3.05.04.
3. The site clearing/preservation plan for the SDP, SIP or PPL is approved.
4. All applicable Federal, State, and local permits have been submitted prior to commencement
and before or at the pre-construction meeting.
N. Removal of living or dead standing vegetation with a bald eagle nest. Permits, if required, shall be
provided from the Florida Fish and Wildlife Conservation Commission and U.S. Fish and Wildlife
Service authorizing the removal of the nest, in accordance with state and federal permit requirements,
prior to issuance of a County permit. Removal of vegetation containing an active, inactive or
abandoned nest may be allowed when:
1. The vegetation is located on a single-family lot, and is located in such a manner that either:
a. The principal structure cannot be constructed, or
b. Access to the property is impeded.
2. The protected vegetation poses an imminent threat to human safety or an adjacent
principal or accessory building.
3. The vegetation is located outside of a preserve or an area used to fulfill the native vegetation
preservation requirements of the LDC.
(Ord. No. 05-27, § 3.L; Ord. No. 08-63, § 3.G; Ord. No. 12-38, § 3.E; Ord. No. 14-33, § 3.F)
Supp. No. 12 LDC3:29
COLLIER COUNTY LAND DEVELOPMENT CODE
3.05.06 3.05.07 A.2.
3.05.06 Management Plan Required
For all individual areas of mangrove trees and areas of preserved plant communities larger than one-half
(1/2) acre in area, the owner shall submit, for the approval of the County Manager or designee, a narrative
management plan indicating the manner in which the owner will preserve the native plant communities. The
narrative shall include:
A. Whether the existing vegetation is to be preserved in the existing species composition.
B. The manner in which the composition of existing plant material is to be preserved (hand removal of
invasive species, prescribed burning, etc.), if applicable.
C. The maintenance schedule for the removal of invasive species.
D. The maintenance schedule for the removal of debris.
E. Other information that may be required by the County Manager or his designee that is reasonable and
necessary to determine if the management plan meets the requirements of this LDC.
F. The County Manager or designee may conduct an on-site inspection to determine if the proposed
vegetation removal meets the criteria in section 3.05.05 and conforms to the preservation standards
in section 3.05.07 below.
3.05.07 Preservation Standards
All development not specifically exempted by this ordinance shall incorporate, at a minimum, the
preservation standards contained within this section.
A. General standards and criteria. The following criteria shall be used to administer the preservation
standards in all unincorporated areas of the County:
1. Native vegetative communities. The preservation of native vegetation shall include all
naturally occurring strata including canopy, understory and ground cover emphasizing the
largest contiguous area possible, except as otherwise provided in section 3.05.07 H.1.e.The
term native vegetation is further defined as a vegetative community having 25 percent or
more canopy coverage or highest existing vegetative strata of native plant species. In the
absence of other native strata, herbaceous vegetation not typically associated with the
re-growth of native vegetative communities, commonly known as weeds, shall not be
considered native vegetation for the purpose of preservation.
2. Native trees. Where a property has been legally cleared and only native trees remain and the
native ground cover replaced with lawn or pasture, then only the native trees shall be
retained. The percent requirement of native trees required to be retained shall be by tree
count based on the percent requirement for native vegetation pursuant to 3.05.07 B. Only
slash pine trees with an 8 inch DBH or greater,hardwood trees with a 18 inch DBH or greater,
or palms with a minimum of 8 foot of clear trunk,shall be used for calculating this requirement.
For hardwood trees, every 6 inches or fraction thereof over 18 inch DBH shall count as an
additional tree (18 inch DBH = 1 tree, 24 inch DBH = 2 trees, 26 inch DBH = 3 trees, etc.).
Slash pine trees and cabbage palms shall only be retained on portions of the property with a
density of 8 or more trees per acre. Trees which are unhealthy or dying, as determined by a
certified arborist or any individual meeting the qualifications in 3.05.07 H.1.g.iii, shall not be
Supp. No. 12 LDC3:30
RESOURCE PROTECTION
3.05.07 A.2. 3.05.07 A.4.
retained or used for calculation. Native slash pine trees shall be retained in clusters, if the
trees occur in clusters, with no encroachment (soil disturbance) within the drip line or within
30 feet of the trunk, whichever is greater, of any slash pine or hardwood tree. Encroachment
may occur within these distances where evaluation by a certified arborist determines that it
will not affect the health of the trees.Trees which die shall be replaced with 10 foot high native
canopy trees on a one for one basis. Native trees with a DBH of two feet or more shall be
replaced with three 10-foot high native canopy trees. Areas of retained trees shall not be
subject to the requirements of 3.05.07 H.
Where trees cannot be retained,the percent requirement of trees shall be made up elsewhere
on-site with trees planted in clusters utilizing 10 foot high native canopy trees planted on a one
for one basis. Where native trees with a DBH of two feet or more cannot be retained, a
minimum of three 10-foot high native canopy trees shall be planted per tree removed of this
size.Trees planted to satisfy this requirement shall be planted in open space areas equivalent
in size to the area of canopy of the trees removed. This planted open space shall be in
addition to the area used to satisfy the minimum landscape requirements pursuant to 4.06.00.
In lieu of using actual canopy coverage,the following average diameter for tree canopies may
be used to calculate canopy coverage of existing trees: slash pine 40 feet, cypress 25 feet,
live oak 60 feet and cabbage palm 10 feet.Open space areas not normally planted with trees,
such as stormwater retention areas or lake banks not planted to meet the LSPA requirement,
may be used to satisfy this requirement.Trees planted to satisfy this requirement shall be set
back a minimum of 30 feet from principal structures and impervious parking areas.
3. Areas that fulfill the native vegetation retention standards and criteria for native vegetative
communities of this section shall be set aside as preserve areas, subject to the requirements
of LDC section 3.05.07 H. State and Federal parks, preserves, and forests are subject to
compliance with the minimum native vegetation retention requirements of this section;
however, such lands are not required to be designated as preserves and are exempt from the
requirements of LDC section 3.05.07 H.
4. Native vegetation to be retained as preserve areas shall be selected in such manner as to
preserve the following, in descending order of priority, except to the extent that preservation
is made mandatory in sections 3.05.07 F.3 and 3.05.07 G.3.c:
a. Wetland or upland areas known to be utilized by listed species or that serve as
corridors for the movement of wildlife;
b. Xeric Scrub, Dune and Strand, Hardwood Hammocks;
c. Onsite wetlands having an accepted functionality WRAP score of at least 0.65 or a
Uniform Wetland Mitigation Assessment Score of at least 0.7;
d. Any upland habitat that serves as a buffer to a wetland area as defined in section
3.05.07 A.3.c above;
e. Dry Prairie, Pine Flatwoods; and
f. All other native habitats.
Supp. No. 12 LDC3:31
COLLIER COUNTY LAND DEVELOPMENT CODE
3.05.07 A.S. 3.05.07 B.
5. Preservation areas shall be interconnected within the site and to adjoining off-site preserva-
tion areas or wildlife corridors.
6. Where vegetation has been illegally cleared, the amount of native vegetation used to
calculate the preservation requirement will be that amount present at the time prior to the
illegal clearing. Criteria to determine the process and criteria for the clearing are found in
sections 10.02.06 and 3.05.05.
a. Re-creation of native vegetation shall not be required when any one of the following
criteria is met:
i. The parcel was issued a County permit to clear vegetation and remains
cleared of native vegetation.
ii. The parcel was issued a County permit to clear vegetation for agricultural
purposes prior to July 1993 (the date at which the 10 year agricultural
clearing rezone limitation previously identified in the GMP is achieved) and
which remains cleared of native vegetation.
iii. If no clearing permit can be found, demonstrations of continuous bona fide
agricultural operation along with issuance of an after-the-fact agricultural
clearing permit from the County will be evidence of legal clearing. Demon-
strations of continuous bona fide agricultural activities may include, but are
not limited to, agricultural classification records from the property appraiser's
office; dated aerial photographs; occupational license for agricultural opera-
tion; SFWMD consumptive use permits for the ongoing agricultural use or
other information such as sworn testimony from previous owners which
establishes the commencement date and the location of the agricultural
operation. The rezone limitation pursuant to 10.02.06 shall apply.
7. Unless otherwise required in the RFMU District, single-family residences shall be exempt
from the native vegetation retention requirements and from having on site preserves.
Setbacks to preserves shall be in accordance with 3.05.07 H.
8. Development standards pursuant to section 4.02.14 shall apply to all development,
including single-family, within the ACSC.
9. Created preserves are allowed subject to the criteria in 3.05.07 H.
10. Fire and fuel breaks within preserves, kept to the minimum necessary in accordance with
standard forestry practice, shall count toward the minimum native vegetation retention
requirement.
B. Specific standards applicable outside the RFMU and RLSA districts. Outside the RFMU and RLSA
Districts, native vegetation shall be preserved on site, except for single family residences, through
the application of the following preservation and vegetation retention standards and criteria. The
single family exception is not to be used as an exception from any calculations regarding total
preserve area for a development containing single family lots. For properties not previously within
the Coastal High Hazard Area but now within the Coastal High Hazard Area due to adoption of a
revised Coastal High Hazard Area boundary in 2013, the native vegetation preservation and
Supp. No. 12 LDC3:32
RESOURCE PROTECTION
3.05.07 B. 3.05.07 B.2.
retention standards of the Non-Coastal High Hazard Area shall continue to apply. (Reference the
Coastal High Hazard Area Comparison Map in the Future Land Use Element of the Collier County
Growth Management Plan.)
1. Required preservation.
Development Type Coastal High Non-Coastal High
Hazard Area Hazard Area
Residential and Mixed Use Less than 2.5 acres 10% Less than 5 acres 10%
development Equal to or greater than 25% Equal to or greater than 5 15%
2.5 acres acres and less than 20
acres
Equal to or greater than 20 25%
acres
Golf Course 35% 35%
Commercial and Industrial Less than 5 acres 10% Less than 5 acres 10%
development and all other Equal to or greater than 5 15% Equal to or greater than 5 15%
non-specified development
types acres acres
Industrial development 50%, not to exceed 25%of the proj- 50%, not to exceed 25%of the proj-
(Rural-Industrial District ect site ect site.
only)
2. Exceptions.An exception from the vegetation retention standards above shall be granted in the
following circumstances:
a. Where the parcel was legally cleared of native vegetation prior to January 1989 and
remains cleared of native vegetation;
b. Where the parcel cannot reasonably accommodate both the application of the native
vegetation retention standards and the proposed uses allowed under this Code,
subject to the criteria set forth in LDC section 3.05.07 H.1.e.
c. Right-of-way acquisitions by any governmental entity for all purposes necessary for
roadway construction, including ancillary drainage facilities, and including utilities
within the right-of-way acquisition area.
d. Existing utility easements and easements for ingress or egress required for neigh-
boring properties.
e. Previously cleared parcels for support of public infrastructure, and which remain
cleared of native vegetation.
f. Trees and other vegetation planted for landscaping and which have not been used to
satisfy the native vegetation preservation requirement.
g. Previously cleared fallow farm fields and pastures, with no canopy trees (other than
slash pine trees with less than an 8 inch DBH or palms with less than 8 foot of clear
trunk) and less than 75 percent aerial coverage of native vegetation. Marshes and
similar type environments (640 FLUCFCS Codes) shall not be included in this
exception.
Supp.No.17 LDC3:33
COLLIER COUNTY LAND DEVELOPMENT CODE
3.05.07 B.2. 3.05.07 C.3.
h. Industrial zoned parcels, pursuant to the table in LDC section 3.05.07 B.1 (above),
which have a native vegetation retention requirement of 2 acres or less shall be
exempt from this requirement. This exemption shall not apply to the overall native
vegetation retention requirement for a PUD or subdivision used to create these
parcels, unless the overall native vegetation retention requirement for the PUD or
subdivision is 2 acres or less.
C. Specific standards for the RFMU district.For Lands within the RFMU district, native vegetation shall
be preserved through the application of the following preservation and vegetation retention standards
and criteria, in addition to the generally applicable standards and criteria set forth in LDC section
3.05.07 A(above).Further,for the portion of the Lake Trafford/Camp Keais Strand System located within
the Immokalee Urban Designated Area, native vegetation shall be preserved on site through the
application of the Neutral Lands standards established in LDC section 3.05.07 C.2 (below).
1. RFMU receiving lands outside the NBMO.
a. A minimum of 40%of the native vegetation present,not to exceed 25%of the total site
area shall be preserved.
i. Off-site preservation shall be allowed at a ratio of 1:1 if such off-site preserva-
tion is located within RFMU sending lands.
ii. Off-site preservation shall be allowed at a ratio of 1.5:1 if such off-site
preservation is located outside of Sending Lands.
iii. Like for like preservation shall be required for Tropical Hardwood and Oak
Hammock vegetative communities.
b. Where schools and other public facilities are co-located on a site, the native vegeta-
tion retention requirement shall be 30% of the native vegetation present, not to
exceed 25%of the site.
2. Neutral lands.
a. In neutral lands, a minimum of 60%of the native vegetation present, not to exceed
45%of the total site area shall be preserved.
b. Exceptions.
i. In those neutral lands located in Section 24,Township 49 South, Range 26
East, in the NBMO, native vegetation shall be preserved as set forth in LDC
section 2.03.08 C.5.b.
ii. Where schools and other public facilities are co-located on a site, the native
vegetation retention requirement shall be 30% of the native vegetation
present, not to exceed 25%of the site.
3. RFMU sending lands.
a. In RFMU sending lands that are not within a NRPA, 80% of the native vegetation
present on site shall be preserved, or as otherwise permitted under the Density
Supp.No.17 LDC3:34
RESOURCE PROTECTION
3.05.07 C.3. 3.05.07 E.1.
Blending provisions of LDC section 2.05.02. Off-site preservation shall be allowed in
satisfaction of up to 25%of the site preservation or vegetative retention requirement,
at a ratio of 3:1,if such off-site preservation is located within or contiguous to Sending
Lands.
b. In RFMU sending lands that are within a NRPA, 90% of the native vegetation
present shall be preserved or such other amount as may be permitted under the
Density Blending provisions of LDC section 2.05.02.Off-site preservation shall not be
credited toward satisfaction of any of the vegetative retention requirement applicable
in such NRPAs.
4. General exceptions.
a. Non-conforming, Pre-existing parcels. In order to ensure reasonable use and to
protect the private property rights of owners of smaller parcels of land within the
RFMU district, including nonconforming lots of record which existed on or before
June 22, 1999, for lots, parcels or fractional units of land or water equal to or less
than five (5) acres in size, native vegetation clearing shall be allowed, at 20% or
25,000 square feet of the lot or parcel or fractional unit, whichever is greater,
exclusive of any clearing necessary to provide for a 15-foot wide access drive up to
660 feet in length. For lots and parcels greater than 5 acres but less than 10 acres,
up to 20% of the parcel may be cleared. This allowance shall not be considered a
maximum clearing allowance where other provisions of this Plan allow for greater
clearing amounts.These clearing limitations shall not prohibit the clearing of brush or
under-story vegetation within 200 feet of structures in order to minimize wildfire fuel
sources.
b. Specific County-owned Land. On County-owned land located in Section 25, Town-
ship 26 E, Range 49 S (+/-360 acres), the native vegetation retention and site
preservation requirements may be reduced to 50%if the permitted uses are restricted
to the portions of the property that are contiguous to the existing land fill operations;
exotic removal will be required on the entire +/- 360 acres.
c. Discretionary Exception for Essential Public Services. The County Manager or his
designee may grant written exemptions to the above preservation requirements on
agriculturally zoned property for essential public services (as defined in section
2.01.03), where it can be demonstrated that the preservation requirements and the
Essential Public Services cannot both be reasonably accommodated on the site and
it is in the best interest of the general public to allow a reduction in all or part from the
requirements for preservation of existing native vegetation.
D. Specific standards for RLSA district. For lands within the RLSA District, native vegetation shall be
preserved pursuant to the RLSA District Regulations set forth in section 4.08.00 of this Code.
E. Density bonus incentives. Density Bonus Incentives shall be granted to encourage preservation.
1. Outside rural villages. In RFMU receiving lands not designated as a rural village, a density
bonus of 0.1 dwelling unit per acre shall be granted for each acre of native vegetation
preserved on-site that exceeds the requirements set forth in section 3.05.07C.,once a density
of 1 unit per acre is achieved through the use of TDR credits.
Supp. No. 12 LDC3:35
COLLIER COUNTY LAND DEVELOPMENT CODE
3.05.07 E.2. 3.05.07 F.3.
2. Inside rural villages. In RFMU receiving lands designated as a rural village, a density
bonus of 0.3 dwelling units per acre shall be granted for each acre of native vegetation
preserved on-site that exceeds the requirements set forth in section 3.05.07C.,once a density
of 2 units per acre is achieved through the use of TDR and bonus credits.
F. Wetland preservation and conservation.
1. Purpose. The following standards are intended to protect and conserve Collier County's
valuable wetlands and their natural functions, including marine wetlands. These standards
apply to all of Collier County,except for lands within the RLSA District. RLSA District lands are
regulated in section 4.08.00. wetlands shall be protected as follows, with total site
preservation not to exceed those amounts of vegetation retention set forth in section
3.05.07(C), unless otherwise required.
2. Urban lands. In the case of wetlands located within the Urban designated areas of the
County, the County will rely on the jurisdictional determinations made by the applicable state
or federal agency in accordance with the following provisions:
a. Where permits issued by such jurisdictional agencies allow for impacts to wetlands
within this designated area and require mitigation for such impacts, this shall be
deemed to meet the objective of protection and conservation of wetlands and the
natural functions of wetlands within this area.
b. The County shall require the appropriate jurisdictional permit prior to the issuance of
a final local development order permitting site improvements, except in the case of
any single-family residence that is not part of an approved development or platted
subdivision.
c. Within the Immokalee Urban Designated Area, there exists high quality wetland
system connected to the Lake Trafford/Camp Keais system.These wetlands require
greater protection measures and therefore the wetland protection standards set forth
in 3.05.07 (F)(3) below shall apply in this area.
3. RFMU district. Direct impacts of development within wetlands shall be limited by directing
such impacts away from high quality wetlands having functionality scores of at least 0.65
WRAP or 0.7 UMAM. This shall be accomplished by adherence to the vegetation retention
requirements of LDC section 3.05.07 C above and the following standards:
a. In order to assess the values and functions of wetlands at the time of project review,
applicants shall rate the functionality of wetlands using the Unified Wetland
Mitigation Assessment Method set forth in F.A.C. 62-345. For projects that have
already been issued an Environmental Resource Permit by the state,the County will
accept wetlands functionality assessments that are based upon the South Florida
Water Management District's Wetland Rapid Assessment Procedures (WRAP), as
described in Technical Publication Reg 001 (September 1997, as update August
1999).The applicant shall submit to County staff these respective assessments and
the scores accepted by either the South Florida Water Management District or Florida
Department of Environmental Protection.
Supp. No. 12 LDC3:36
RESOURCE PROTECTION
3.05.07 F.3. 3.05.07 F.3.
b. Wetlands documented as being utilized by listed species or serving as corridors for
the movement of wildlife shall be preserved on site, regardless of whether the
preservation of these wetlands exceeds the acreage required in section 3.05.07 C.
c. Existing wetland flowways through the project shall be maintained, regardless of
whether the preservation of these flowways exceeds the acreage required in section
3.05.07 C.
d. Drawdowns or diversion of the ground water table shall not adversely change the
hydroperiod of preserved wetlands on or offsite. Detention and control elevations
shall be set to protect surrounding wetlands and be consistent with surrounding land
and project control elevations and water tables. In order to meet these requirements,
projects shall be designed in accordance with Sections 4.2.2.4, 6.11 and 6.12 of
SFWMD's Basis of Review, January 2001.
e. Single family residences shall follow the requirements contained within Section
3.05.07 F.S.
f. Preserved wetlands shall be buffered from other land uses as follows:
A minimum 50-foot vegetated upland buffer adjacent to a natural water
body.
ii. For other wetlands a minimum 25-foot vegetated upland buffer adjacent to
the wetland.
iii. A structural buffer may be used in conjunction with a vegetative buffer that
would reduce the vegetative buffer width by 50%.A structural buffer shall be
required adjacent to wetlands where direct impacts are allowed.A structural
buffer may consist of a stem-wall, berm, or vegetative hedge with suitable
fencing.
iv. The buffer shall be measured landward from the approved jurisdictional line.
v. The buffer zone shall consist of preserved native vegetation.Where native
vegetation does not exist, native vegetation compatible with the existing
soils and expected hydrologic conditions shall be planted.
vi. The buffer shall be maintained free of Category I invasive exotic plants, as
defined by the Florida Exotic Pest Plant Council.
vii. The following land uses are considered to be compatible with wetland
functions and are allowed within the buffer:
a) Passive recreational areas, boardwalks and recreational shelters;
b) Pervious nature trails;
c) Water management structures;
d) Mitigation areas;
Supp. No. 12 LDC3:37
COLLIER COUNTY LAND DEVELOPMENT CODE
3.05.07 F.3. 3.05.07 F.3.
e) Any other conservation and related open space activity or use which
is comparable in nature with the foregoing uses.
g. Mitigation. Mitigation shall be required for direct impacts to wetlands in order to result
in no net loss of wetland functions, in adherence with the following requirements
and conditions:
Mitigation Requirements:
a) Loss of storage or conveyance volume resulting from direct impacts
to wetlands shall be compensated for by providing an equal amount
of storage or conveyance capacity on site and within or adjacent to
the impacted wetland.
b) Prior to issuance of any final development order that authorizes site
alteration, the applicant shall demonstrate compliance with a)and d)
of this subsection. If agency permits have not provided mitigation
consistent with this Section, Collier County will require mitigation
exceeding that of the jurisdictional agencies.
c) Mitigation requirements for single-family lots shall be determined by
the State and Federal agencies during their permitting process,
pursuant to the requirements of subsection 3.05.07 F.4 below.
d) Preserved or created wetland or upland vegetative communities
offered as mitigation shall be placed in a conservation easement in
accordance with 3.05.07 H.1.d, provide for initial removal of Cate-
gory I Invasive Exotic Vegetation as defined by the Florida Exotic
Pest Plant Council and provide for continual removal of exotic
vegetation.
ii. Mitigation Incentives: A density bonus of 10% of the maximum allowable
residential density, a 20% reduction in the required open space acreage,
a 10% reduction in the required native vegetation, or a 50% reduction in
required littoral zone requirements may be granted for projects that do any of
the following:
a) Increase wetland habitat through recreation or restoration of wet-
land functions, of the same type found on-site, on an amount of
off-site acres within the Rural Fringe Mixed Use District Sending
Lands, equal to, or greater than 50% of the on-site native vegeta-
tion preservation acreage required, or 20% of the overall project
size, whichever is greater;
b) Create, enhance or restore wading bird habitat to be located near
wood stork, and/or other wading bird colonies, in an amount that is
equal to, or greater than 50% of the on-site native vegetation
preservation acreage required, or 20% of the overall project size,
whichever is greater; or
Supp. No. 12 LDC3:38
RESOURCE PROTECTION
3.05.07 F.3. 3.05.07 G.3.
c) Create, enhance or restore habitat for other listed species, in a
location and amount mutually agreeable to the applicant and Collier
County after consultation with the applicable jurisdictional agencies.
iii. EIS Provisions. When mitigation is proposed,the EIS shall demonstrate that
there is no net loss in wetland functions as prescribed above.
4. Estates, rural-settlement areas, and ACSC. In the case of lands located within Estates
Designated Area, the Rural Settlement Area, and the ACSC, the County shall rely on the
wetland jurisdictional determinations and permit requirements issued by the applicable
jurisdictional agency, in accordance with the following:
a. For single-family residences within Southern Golden Gate Estates or within the Big
Cypress Area of Critical State Concern, the County shall require the appropriate
federal and state wetland-related permits before Collier County issues a building
permit.
b. Outside of Southern Golden Gate Estates and the Area of Critical State Concern,
Collier County shall inform applicants for individual single-family building permits
that federal and state wetland permits may be required prior to construction. The
County shall also notify the applicable federal and state agencies of single family
building permits applications in these areas.
5. RLSA district. Within the RLSA District, wetlands shall be preserved pursuant to section
4.08.00.
6. Submerged marine habitats. The County shall protect and conserve submerged marine
habitats as provided in section 5.03.06 J.
G. Natural reservation protection and conservation.
1. Purpose and applicability.
a. The purpose of this Section is to protect natural reservations from the impact of
surrounding development. For the purpose of this section, natural reservations
shall include only NRPAs and designated Conservation Lands on the Future Land
Use Map.
b. For the purposes of this Section, development shall include all projects single-
family dwelling units situated on individual lots or parcels.
2. Review process.All requests for development contiguous to natural reservations shall be
reviewed as part of the County's development review process.
3. RFMU district requirements.The following criteria shall apply within the RFMU district only.
a. Open space. Open space shall be required to provide a buffer between the project
and the natural reservation.
Open space allowed between the project's non-open space uses and the
boundary of the natural reservation may include natural preserves, natural
or man-made lakes,golf courses, recreational areas, required yard set-back
areas, and other natural or man-made open space requirements.
Supp. No. 12 LDC3:39
COLLIER COUNTY LAND DEVELOPMENT CODE
3.05.07 G.3. 3.05.07 G.3.
ii. The following open space uses are considered acceptable uses contiguous
to the natural reservation boundary:
(a) preservation areas;
(b) golf course roughs maintained in a natural state;
(c) stormwater management areas;
(d) pervious nature trails and hiking trails limited to use by nonmotorized
vehicles.
b. Open spaces as buffers.
i. The uses in paragraph (a)(ii) above are encouraged to be located as to
provide a buffer between the natural reservation and more intensive open
space uses, including playgrounds, tennis courts, golf courses (excluding
roughs maintained in a natural state),and other recreational uses and yards
for individual lots or parcels, or open space uses that are impervious in
nature. These more intensive open space uses may not be located closer
than 300 feet to the boundary of the natural reservation.
ii. In addition, where woodstork (Mycteria americana) rookeries, bald eagle
(Haliaeetus leucocephalus) nests, and wading bird roosts are found in the
adjacent natural reservation, the open space uses identified in (a) - (c)
below are considered acceptable for placement within a buffer as specified
below:
(a) Woodstork (Mycteria americana) rookeries, bald eagle (Haliaeetus
leucocephalus) nests - 1,500 feet;
(b) Wading bird roost - 300 feet;
(c) These buffer distances shall only apply to the identified entity within
the natural reservations.
iii. These requirements shall be modified on a case by case basis, if such
modifications are based upon the review and recommendations from the
USFWS and the FFWCC. Any such changes shall be deemed consistent
with the Growth Management Plan.
c. Contiguous native vegetation. Existing native vegetation that is located contiguous
to the natural reservation shall be preserved as part of the preservation require-
ments specified in Section 3.05.07.
d. Wildlife corridors. Where wildlife corridors exist for listed species, provision shall be
made to accommodate the movement of the listed species through the project to the
natural reservation. The County shall consider the recommendations from the
USFWS.
Supp. No. 12 LDC3:40
RESOURCE PROTECTION
3.05.07 H. 3.05.07 H.1.
H. Preserve standards.
1. Design standards.
a. Identification.Native vegetation that is required to be preserved or mitigated pursuant
to 3.05.07 A.through F.shall be set-aside in a Preserve and shall be identified in the
following manner:
i. The Preserve shall be labeled as "Preserve" on all site plans.
ii. If the development is a PUD, the Preserve shall be identified on the PUD
Master Plan, if possible. If this is not possible, a minimum of 75% of the
preserves shall be set-aside on the PUD Master Plan with the remaining 25%
identified at the time of the next development order submittal.
iii. The Preserve shall be identified at the time of the first submittal for a
development order that requires the approval of a site plan or conceptual site
plan.
b. Minimum dimensions.Thin linear and perimeter"picture frame-shaped"preserves are
discouraged, unless such preserve shapes are dictated by environmental or environ-
mental regulatory considerations. Connections to other preserves, conservation ar-
eas, natural flowways, natural water bodies, water management lakes, estuaries,
government owned or targeted lands for preservation purposes or existing listed
wildlife habitat, when present, are encouraged to establish the largest contiguous
natural area possible.
The following minimum widths shall apply:
i. Twenty feet, for property less than 10 acres.
ii. An average of 30 feet in width but not less than 20 feet in width, for property
equal to 10 acres and less than twenty acres.
iii. An average of 50 feet in width but not less than 20 feet for property of twenty
acres and greater.
iv. If the existing native vegetation does not meet the minimum dimensions
specified above and is required to be preserved pursuant to the preserve
selection criteria in section 3.05.07, then the existing native vegetation may
be used to satisfy the preservation requirement.
c. Protection of wetland hydroperiods.Drawdowns or diversion of the ground water table
shall not adversely change the hydroperiod of preserved wetlands on or offsite.
Detention and control elevations shall be set to protect surrounding wetlands and be
consistent with surrounding land and project control elevations and water tables. In
order to meet these requirements, projects shall be designed in accordance with
Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review,January 2001.
Supp.No.15 LDC3:40.1
COLLIER COUNTY LAND DEVELOPMENT CODE
3.05.07 H.1. 3.05.07 H.1.
d. Preserve mechanisms.All preserve areas shall be designated as preserves on all site
plans.
On-site County required preserves shall be dedicated to the County as non-exclusive
conservation easements without placing on the County the responsibility for mainte-
nance of the preserve area,and the easement conveyance to the County shall include
the right of access from existing road right-of-way.The easement shall dedicate the
responsibility of maintenance to a property owners association or similar entity, and it
shall contain allowable uses and limitations to protect the preserve.All preserve areas
shall be shown on the preliminary and final plats in accordance with section 10.02.04,
with language similar to Section 704.06 F.S.
No individual residential or commercial lot, parcel lines, or other easements includ-
ing, but not limited to, utility or access easements that are not compatible with
allowable uses in preserve areas, may project into a preserve area.
State and federal parks and preserves shall not be required to place their preserves in
a conservation easement.
Any conservation easement or other document restricting uses in a preserve area
shall contain the following statement(consistent with CCME GMP Policy 1.1.6):
"Oil extraction and related processing operations are uses which are exempt
from the restrictions herein and shall remain allowed uses on the lands
described herein."
e. Created preserves.Although the primary intent of GMP CCME Policy 6.1.1 is to retain
and protect existing native vegetation, there are situations where the application of
the retention requirements of this Policy is not possible. In these cases, creation or
restoration of vegetation to satisfy all or a portion of the native vegetation retention
requirements may be allowed.In keeping with the intent of this policy,the preservation
of native vegetation off site is preferable over creation of preserves. Created Pre-
serves shall be allowed for parcels that cannot reasonably accommodate both the
required on-site preserve area and the proposed activity.
Applicability.Criteria for determining when a parcel cannot reasonably accom-
modate both the required on-site preserve area and the proposed activity
include:
(a) Where site elevations or conditions requires placement or removal of
fill thereby harming or reducing the survivability of the native vege-
tation in its existing locations;
(b) Where the existing vegetation required by this policy is located where
proposed site improvements are to be located and such improve-
ments cannot be relocated as to protect the existing native vegeta-
tion;
(c) To provide for flood plain compensation as required by the LDC.
Supp.No.15 LDC3:40.2
RESOURCE PROTECTION
3.05.07 H.1. 3.05.07 H.1.
(d) When a State or Federal permit requires creation of native habitat on
site.The created preserve acreage may fulfill all or part of the native
vegetation requirement when preserves are planted with the appro-
priate strata; using the criteria set forth in Created Preserves.This
exception may be granted, regardless of the size of the project.
(e) When small isolated areas (of less than 'h acre in size) of native
vegetation exist on site. In cases where retention of native vegeta-
tion results in small isolated areas of acre or less, preserves may
be planted with all three strata; using the criteria set forth in Created
Preserves and shall be created adjacent existing native vegetation
areas on site or contiguous to preserves on adjacent properties.This
exception may be granted, regardless of the size of the project.
Created preserves may exceed the '/ acre size limitation for golf
course conversion applications in accordance with LDC section 5.05.15.
(f) When an access point to a project cannot be relocated.To comply
with obligatory health and safety mandates such as road alignments
required by the State, preserves may be impacted and created else-
where on site.
(g) To provide for connections to on or off site preserves.
(h) In the RFMU District where upland buffers required by the LDC,lack
native vegetative communities.
(i) Archeological/historical sites where such sites are authorized by the
BCC as part of a PUD rezone,to be planted with native vegetation in
accordance with the criteria herein.
ii. Approved created preserves may be used to recreate:
a) not more than one acre of the required preserves if the property has
less than twenty acres of existing native vegetation.
b) not more than two acres of the required preserves if the property has
equal to or greater than twenty acres and less than eighty acres of
existing native vegetation.
c) not more than 10%of the required preserves if the property has equal
to or greater than eighty acres of existing native vegetation.
iii. The minimum dimensions shall apply as set forth in 3.05.07 H.1.b.
iv. All perimeter landscaping areas that are requested to be approved to fulfill the
native vegetation preserve requirements shall be labeled as preserves and
shall comply with all preserve setbacks.
v. Preparation of required planting plans for preserves. Preserve planting plans
shall be designed by an individual with academic credentials and experience
in the area of environmental sciences or natural resource management.
Supp.No.16 LDC3:40.3
COLLIER COUNTY LAND DEVELOPMENT CODE
3.05.07 H.1. 3.05.07 H.1.
Academic credentials and experience shall be a bachelor's or higher degree in
one of the biological sciences with at least two years of ecological or biological
professional experience in the State of Florida.
vi. Planting requirements for created preserves.Soils compatible with the habitat
to be created shall be used to create the preserve.Where compatible soils are
not present, a minimum of 6 to 8 inches of compatible soil shall be used.
Where created preserves are approved, the planting plan shall re-create a
native plant community in all three strata (ground cover, shrubs and trees),
utilizing larger plant materials to more quickly re-create the lost mature
vegetation. Environments which do not normally contain all three strata shall
only be required to plant the strata found in the habitat to be created. Plant
material shall be planted in a manner that mimics a natural plant community
and shall not be maintained as landscaping.Such re-vegetation shall include
the following minimum sizes:one gallon ground cover;7 gallon shrubs;canopy
trees in the following sizes:25 percent at 10 feet, 50 percent at 8 feet and 25
percent at 6 feet. Spacing requirements for calculating the number of plants
shall be as follows:20 to 30 foot on center for trees with a small canopy(less
than 30 feet mature spread) and 40 to 50 foot on center for trees with a large
canopy (greater than 30 feet mature spread), 10 foot on center for shrubs, 3
foot on center for ground covers which spread by rhizomes or creeping stems
or which have a mature height of 2 feet or more, excluding the bloom, and 2
foot on center for ground covers with a mature height of less than 2 feet,
excluding the bloom, and which reproduce primarily by seed.
Minimum sizes for plant material may be reduced for scrub and other xeric
habitats in order to promote diversity or where smaller size plant material is
better suited for re-establishment of the native plant community.Coverage of
pine and hardwoods in scrub habitats shall occupy no more than 70%of the
area of a scrub preserve, in order to create natural open areas for wildlife and
native ground covers. In south Florida slash pine dominated environments,
where fire is a concern, the amount of mid-story vegetation planted may be
reduced to promote the growth of native ground covers, reduce the threat of
wildfire and to promote use of the preserve by listed species.
Three gallon container saw palmetto(Serenoa repens)may be used in lieu of
seven gallon containers. South Florida slash pine (Pinus elliottii var. densa)
trees may be planted in the following sizes:25 percent at 6 feet and 75 percent
at 4 feet, with a spacing requirement of 40 feet on center for calculating the
number of slash pines to be planted.
Mangrove trees may be planted as three gallon size containers but must be
planted a minimum of five to seven foot on center for calculating the number of
mangroves to be planted, if planted at this size. Ground covers in estuarine
and other aquatic environments may be planted as liners or bare root plants.
Where archeological/historical sites are counted towards the minimum native
vegetation retention requirement and where such sites have no native
Supp.No.16 LDC3:40.4
RESOURCE PROTECTION
3.05.07 H.1. 3.05.07 H.1.
vegetation or the native vegetation is authorized to be cleared and exca-
vated by the BCC as part of a PUD rezone, these sites shall be re-vegetated
with native vegetation similar to or compatible with the native vegetation in
the preserve or on the archeological/historical site.Re-vegetation shall only be
with ground covers in one-gallon containers unless otherwise approved by the
BCC.
Upland or seasonally wet preserves with extended dry periods shall detail a
method of providing water until the plants are established.
vii. Supplemental planting requirements within preserves. Supplemental plant-
ings in the strata required to restore the habitat to its natural condition shall be
added to preserves where prior clearing or disturbance, or the removal of
non-native and/or nuisance vegetation has created open areas with little or no
native vegetation. Plant material shall be planted in a manner that mimics a
natural plant community and shall not be maintained as landscaping.Supple-
mental plantings must be of the species typical of the native habitats being
restored and take into consideration the requirements of any listed species
using the preserve.
Areas defined as"native vegetation"pursuant to this section and required to
be retained as preserves, shall only be required to plant material in the sizes
specified in this subsection and not in the sizes required for created preserves.
Supplemental plantings within preserves shall be in accordance with require-
ments specified in approved state and federal permits for a project.Where not
�.. specified in the State and Federal permits for a project, supplemental plant-
ings within County required preserves shall adhere to the following minimum
standards:one gallon or liner ground covers,three gallon shrubs and four foot
high trees. Ground covers in aquatic environments may be planted as bare
root plants.
Natural recruitment of native groundcovers may be used in areas where native
groundcovers would be expected to regenerate on their own. If within a
two-year period the coverage of ground covers is less than that typically found
in environments containing these species, then supplemental planting with
native ground covers or distribution of native seed shall be required.A planting
plan with schedule for planting or distributing native seed shall be included as
part of the preserve management plan,in case sufficient natural recruitment of
groundcovers has not occurred.
Natural recruitment of south Florida slash pine(Pinus elliottii var.densa)may
be used where south Florida slash pine would be expected to regenerate on
their own.If within a two-year period the number of pine seedlings is less than
that needed to regenerate the habitat type, then supplemental planting with
south Florida slash pine or distribution of south Florida slash pine seed shall
be required.A backup planting plan with schedule for planting or distributing
seed shall be included as part of the preserve management plan, in case
sufficient natural recruitment has not occurred.South Florida slash pine trees
may be planted as seedlings in lieu of planting four foot high trees, for
individual preserves 100 or more acres in size.
Supp.No.17 LDC3:40.5
COLLIER COUNTY LAND DEVELOPMENT CODE
3.05.07 H.1. 3.05.07 H.1.
Restoration of mangroves shall be with one- to three-gallon container man-
groves, unless otherwise permitted by State and Federal permitting agencies.
Minimum sizes for plant material may be reduced for scrub and other xeric
habitats in order to promote diversity or where smaller size plant material is
better suited for re-establishment of the native plant community.Coverage of
pine and hardwoods in scrub habitats shall occupy no more than the 70% of
the area of a scrub preserve, in order to create natural open areas for wildlife
and indigenous ground covers.
viii. Success criteria. Success shall be demonstrated for created preserves and
supplemental planting within preserves, 5 years after installation of plant
material and shall be included with the monitoring report. Before and after
photos taken from specific or permanent field markers to identify the locations
within the preserve shall be included in the above mentioned monitoring
report. Demonstration of success shall include the following:
a) 80%vegetative coverage has been attained within the preserve.
b) Native vegetation is within the range of species diversity,density and
distribution documented within either reference sites or from literature
references for the specific habitat types.
c) Native vegetation characteristic of the habitat are reproducing in the
vegetative or seeding manner typical of the species.
d) When permitted through the Water Management District using UMAM,
overall UMAM scores must indicate that the preserves have attained
or are clearly trending toward the "with-mitigation" scores used to
determine success.
f. Off-site vegetation retention.
Purpose and Intent.The purpose of this subsection f.is to identify the criteria
to satisfy on-site preserve requirements off site. The intent of the on-site
preserve requirement is to retain, maintain, and preserve existing native
vegetation on site as provided for in the Conservation and Coastal Manage-
ment Element of the GMP.However,in limited situations on-site preserve may
be considered less viable as a functional preserve if it is 21,780 square feet
(one-half acre) or less and isolated.Therefore, in limited situations, providing
for a preserve off site can achieve the goals and objectives of the GMP.This
section shall not apply to lands located within the RLSA or RFMU districts.
ii. Applicability and prohibitions. Except where it is prohibited, applicants may
request that the on-site native vegetation retention requirement be satisfied in
full off site where the native vegetation requirement is 21,780 square feet
(one-half acre) or less, and the preserves have not been identified on an
approved development order by the County.Off-site preserves are prohibited
if one or more of the following is found on site:
a) Xeric scrub, hardwood hammocks, mangrove (excluding mangrove
fringes less than 40 feet in width, as measured from the root line, on
Supp.No.17 LDC3:40.6
RESOURCE PROTECTION
3.05.07 H.1. 3.05.07 H.1.
artificially created shorelines),coastal dune and strand environments,
and listed species habitat or corridors per the requirements or recom-
mendations of the FFWCC or USFWS;
b) Preserves that are located within or contiguous to natural flowways
required to be retained per the requirements of the SFWMD, natural
water bodies,estuaries,government required preserves(not meeting
the off-site preservation criteria herein), NRPAs, or contiguous to
property designated for purchase by Conservation Collier or pur-
chased by Conservation Collier, or contiguous to properties contain-
ing listed species nests,buffers,corridors and foraging habitat per the
requirements or recommendations of the FFWCC or USFWS.For the
purpose of this section, natural flowways shall also include those
identified during wetland permitting with applicable State and Federal
agencies, regional drainage studies, or surface water management
permits;or
c) The on-site native vegetation retention requirement is greater than
21,780 square feet (one-half acre).
iii. Off-site preserves approved administratively.Except as limited in LDC section
3.05.07 H.1.f.ii., the County Manager or designee may approve deviations to
meet the on-site preserve requirements off site in only the following four
situations:
a) Essential services facilities;
b) Affordable housing approved by the Collier County Community and
Human Services Division;
c) Projects where on-site native vegetation is fragmented;or
d) Projects where on-site native vegetation is not contiguous to off-site
preserve areas.
iv. Off-site preserves approved through a public hearing.Except as limited in LDC
section 3.05.07 H.1.f.ii., applicants may request a PUD deviation or variance,
as applicable, to meet the on-site preserve requirement off site.
a) PUD deviations shall be processed in accordance with the proce-
dures in LDC section 10.02.13.
b) Variances shall be processed in accordance with the procedures in
LDC section 10.09.00.
v. For the purposes of this section,the preserve requirement shall be based on
the total acreage for the PUD or development order, as applicable, and not
based on an individual phase or phases of a development, consistent with
LDC section 3.05.07 H.1.a. If the on-site native vegetation retention require-
ment is satisfied off site, then all of the required preserve will be satisfied off
site.
Supp.No.17 LDC3:40.7
COLLIER COUNTY LAND DEVELOPMENT CODE
3.05.07 H.1. 3.05.07 H.1.
vi. Off-site Alternatives.Off-site native vegetation retention requirements may be
satisfied by monetary payment or by land donation.
a) Monetary payment alternative.Applicants shall make monetary pay-
ment to Collier County.Such funds shall be used by the County for the
purchase and management of off-site conservation lands within the
county.The monetary payment amount shall be based on the post
development appraisal value per acre multiplied by the preserve
requirement, then multiplied by 1.25 to establish the endowment
amount. The appraisal shall be performed by a state certified ap-
praiser.In addition,the fee for initial exotic vegetation removal shall be
paid by the applicant as established in the Parks and Recreation
Division Fee Schedule.This monetary payment shall be made prior to
the preconstruction meeting for the SDP or final plat construction
plans.
b) Land donation alternative. In lieu of monetary payment, applicants
may choose to donate land for conservation purposes at a ratio of 4:1
to Collier County or to another government agency. In the event of
donation to Collier County, the applicant may acquire and subse-
quently donate land within the project boundaries of Winchester
Head, North Golden Gate Estates Unit 53, another multi- parcel
project or any other land designated by Conservation Collier donation
acceptance procedures.
i) Applicants who choose to donate land shall be required to
demonstrate that the land to be donated contains native
vegetation communities equal to or of higher priority (as
described in subsection 3.05.07 A.)than the land required to
be preserved onsite. In no case shall the acreage of land
donated be less than the acreage of land required to be
preserved onsite.Land donated to satisfy the off-site vegeta-
tion retention requirement must be located entirely within
Collier County. Donations of land for preservation shall be
made to a federal, state or local government agency estab-
lished or authorized to accept lands for the conservation and
management of land in perpetuity,subject to the policies and
procedures of the receiving entity. Lands donated to Collier
County must include a cash endowment for management of
the land. The cash endowment shall be established in the
Collier County Parks and Recreation Division Fee Schedule.
Applicants shall provide evidence that donations of land for
preservation and endowments for management have been
accepted by and donated to the entity stated above, at the
time of the preconstruction meeting for the SDP or final plat
and construction plans. State and Federal agency require-
ments for mitigation, remediation and monitoring for the do-
nated land shall be the responsibility of the applicant.
Supp.No.17 LDC3:40.8
RESOURCE PROTECTION
3.05.07 H.1. 3.05.07 H.1.
vii. PUD zoning. Preserves or portions of preserves identified on a PUD master
plan shall require an amendment to the PUD master plan to use the native
vegetation retention alternative,subject to LDC section 10.02.13 E.,unless the
option to use the off-site native vegetation retention alternative is included in
the PUD.
viii. Deviations or variances from LDC section 3.05.07 H.1.f.are prohibited.
g. Preserve management plans. Criteria i, ii, vii and viii below are required for all
preserves whether a management plan for the preserve is required or not. Preserve
Management Plans shall be required for all properties with 5 acres or more of preserve
or where listed species are utilizing the preserve or where the preserve contains
habitat which requires management for fire(such as Pine Flatwoods, Palmetto Prairie
or Scrub).The Preserve Management Plan shall identify actions that must be taken to
ensure that the preserved areas will maintain natural diversity and function as
proposed.A Preserve Management Plan shall include the following elements:
General Maintenance.Preserves shall be maintained in their natural state and
must be kept free of refuse and debris.
ii. Exotic Vegetation Removal, Non-native Vegetation, and Nuisance or Inva-
sive Plant Control. Exotic vegetation removal and maintenance plans shall
require that Category I Exotics be eradicated from all preserves.All exotics
within the first 75 feet of the outer edge of every preserve shall be physically
removed, or the vegetation cut down to grade, cut debris removed and the
stump treated. Exotics within the interior of the preserve may be approved to
be treated in place if it is determined that physical removal might cause more
damage to the native vegetation in the preserve.When exotic vegetation is
removed, but the base of the vegetation remains, the base shall be treated
with an U.S.Environmental Protection Agency approved herbicide and a visual
tracer dye shall be applied.Any person who supervises up to eight people in
the application of pesticides and herbicides in the chemical maintenance of
exotic vegetation in preserves, required retained native vegetation areas,
wetlands, or LSPA shall maintain the Florida Dept. of Agriculture and Con-
sumer Services certifications for Natural Areas Pesticide Applicators or Aquatic
Herbicide Applicators dependent upon the specific area to be treated.Control
of exotics shall be implemented on a yearly basis or more frequently when
required, and shall describe specific techniques to prevent reinvasion by
prohibited exotic vegetation of the site in perpetuity. Nuisance or invasive
plants and non-native ornamental vegetation shall be eradicated from all
preserves.
iii. Designation of a Preserve Manager.A Preserve Manager shall be responsible
for providing the developer/property owner with technical assistance regard-
ing management needs for the preserve and compliance with the Preserve
Management Plan.At a minimum the Preserve Manager shall have academic
credentials and experience in the area of environmental sciences or natural
resource management. Academic credentials and experience shall be a
bachelor's or higher degree in one of the biological sciences with at least two
Supp.No.17 LDC3:40.9
COLLIER COUNTY LAND DEVELOPMENT CODE
3.05.07 H.1. 3.05.07 H.1.
years of ecological or biological professional experience in the State of
Florida.The individual's name, address and phone number shall be listed on
the Preserve Management Plan. The same contact information shall be
provided regarding the developer/property owner. Changes in the Preserve
Manager hired to manage the preserve shall be documented in the monitoring
report for the preserve.
iv. Wildlife Habitat Management.Where habitats must be managed with regards
to the species utilizing them,Wildlife Habitat Management strategies may be
required to provide for specialized treatment of the preserve.Where protected
species are identified, management strategies shall be developed and imple-
mented in accordance with section 3.04.00.The County will accept state and
federal management plans that are consistent with the requirements of the
LDC. Hunting is permissible in preserves where expressly approved by the
Board of County Commissioners.
v. Fire Management. Special land management practices to control fire or to
maintain species diversity in the absence of fire must be included as part of the
Preserve Management Plan,for those habitats requiring these practices.Fire
Management plans may include removal of dead vegetation or periodic
thinning of living vegetation, to improve forest health and mimic the natural
effects of fire, as appropriate for the habitat type and surrounding land uses.
Fuel and fire breaks shall be kept to a minimum necessary to control fire and
should be coordinated with the State of Florida, Division of Forestry,as part of
a fire suppression plan. The annual inspection monitoring report required
pursuant to ix (below) shall document, with photographs, the coverage and
types of vegetation to be cleared for fuel management,prior to clearing.Where
listed species have been documented within the preserve,the annual inspec-
tion monitoring report shall require surveys for the nests,burrows or cavities of
listed species that may be affected by the land management practices, no
more than six months prior to clearing, if gopher tortoises occur in the area,or
within the time frames recommended by the FFWCC and USFWS. Fire
Management plans shall be consistent with wildlife habitat management plans
approved by Collier County.
vi. Vegetation Removal Permits. Vegetation Removal Permits shall not be re-
quired to implement Preserve Management Plans and firewise safety plans
that specify land management practices for clearing for fuel management or
fire lines in accordance with normal forestry practices and which have been
approved pursuant to this section. State and Federal agency permits or
approvals shall be required, where applicable, prior to clearing.
Vegetation Removal Permits shall not be required to remove dead, dying or
leaning trees which pose a safety concern,unless they contain a nest or cavity
of a listed animal species or bald eagle. The annual inspection monitoring
report required pursuant to ix(below)shall document,with photographs,trees
to be removed for safety concerns.
Supp.No.17 LDC3:40.10
RESOURCE PROTECTION
3.05.07 H.1. 3.05.07 H.1.
vii. Protection During Construction and Signage After Construction.The Preserve
Management Plan shall address protective measures during construction and
signage after construction that are consistent with LDC section 3.05.04.
viii. Monitoring for Preserves Receiving Treated Stormwater.A monitoring program
must be implemented for preserves that will receive stormwater pursuant to
the requirements of section 3.05.07. The monitoring program must include
protocols to conduct vegetation surveys and monitoring for ground and sur-
face water levels.The Preserve Management Plan shall include a schedule
requiring a baseline monitoring report followed by 5 annual monitoring reports.
Monitoring reports for stormwater within preserves shall be included as part of
the annual inspection monitoring reports pursuant to ix. (below).The County
will accept wetland monitoring reports submitted to the South Florida Water
Management District as long as the reports conform to the minimum require-
ments provided herein and includes all of the Preserves receiving stormwater.
Compatible vegetation must be planted to replace upland vegetation that may
be lost as a direct result of the introduction of stormwater into the preserve.
ix. Inspections and Monitoring.The property owner shall provide for inspections
of all on-site preserves by the Preserve Manager on an annual basis, at a
minimum, or more frequently when required to ensure the preserve functions
as intended. The results of the inspections, and recommendations of the
�-' Preserve Manager, must be included in a monitoring report on an annual
basis, at a minimum.The property owner shall retain copies of the five most
recent years of monitoring reports and make them available to Collier County
upon request.
x. Preserve Site Plan.A Preserve Site Plan with FLUCFCS Codes for each of the
habitat types within the preserve must be included as part of the Preserve
Management Plan.The location of pathways and other approved uses within
the preserve must be included on the Preserve Site Plan.
xi. The requirements of criteria v, vi,viii, ix, and x shall not apply to projects with
County permits or approvals including approved Preserve Management Plans
issued prior to June 8, 2010.
h. Allowable uses within County required preserves. Passive uses are allowed within
preserves to provide for access to the preserve, as long as any clearing required to
facilitate these uses does not impact the minimum required native vegetation or
cause loss of function to the preserve. Loss of function to the preserve includes
unacceptable changes in vegetation within the preserve or harming any listed species
present in the preserve.Unacceptable changes in vegetation within preserves include
replacement of indigenous vegetation with non-native species, changes in vegetative
composition which are inconsistent with target plant communities or die-offs of vege-
tation which are inconsistent with target plant communities.Determinations of harm to
Supp.No.15 LDC3:41
COLLIER COUNTY LAND DEVELOPMENT CODE
3.05.07 H.1. 3.05.07 H.1.
listed species shall be made by FFWCC or USFWS, and pathways, structures or
improvements within preserves containing listed species shall be in accordance with
permits or authorizations from these agencies.
The following passive uses are allowed within preserves.
a) Pervious and impervious pathways and boardwalks, subject to the
following criteria:
i) Recommended widths for pedestrian pathways is 5 feet.
Widths greater than 8 feet may be allowed where pathways
serve as fire breaks in accordance with a fire suppression
plan approved by the State of Florida, Division of Forestry.
ii) Minimum widths for shared use paths for use by golf carts,
trams,bicycles,joggers,etc.is 10 feet.Widths greater than 12
feet may be allowed where pathways serve as fire breaks in
accordance with a fire suppression plan approved by the
State of Florida, Division of Forestry. Golf cart paths for golf
course use shall be designed for golf course access only.
iii) Impervious pathways shall be limited to no more than one
percent of the area of the preserve. Pathways over this
amount shall be either pervious pathways or boardwalks.
iv) Where feasible, pathways shall be designed to maintain
existing vegetation and larger trees.Pathways in scrub hab-
itat lacking canopy should be avoided.
v) Where a minimum preserve width of 20 feet cannot be
maintained on either side of pathways,the pathway shall be
located along the side of the preserve.
vi) Pathways shall not interfere with the nests.dens, burrows or
roosts of listed species or the nests of bald eagle, unless
permitted or authorized by the FFWCC or USFWS.
vii) Pathways, other than boardwalks, shall be at or on natural
grade unless constructed on berms for the stormwater man-
agement system.Slopes for stormwater management berms
in or adjacent to preserves shall be stabilized and planted
with 100% South Florida native species compatible with the
habitat present in the preserve.
b) Shelters without walls.
c) Educational signage and bulletin boards located on or immediately
adjacent to the pathway.
d) Benches for seating
Supp.No.15 LDC3:42
RESOURCE PROTECTION
3.05.07 H.1. 3.05.07 H.1.
e) Viewing platforms
f) Wildlife sanctuaries for indigenous free roaming wildlife.Wildlife parks,
wildlife rehabilitation centers and similar type uses, with non-
indigenous wildlife,or caged or enclosed wildlife,shall not be allowed
within preserves.
g) Conservation-related and recreational activities comparable in nature
with the aforementioned uses,as determined by the County Manager
or designee.
h) The requirements of this subsection(3.05.07 H.1.h.i)shall not apply to
preserve pathways, structures or improvements that had permits
prior to June 8,2010.Existing pathways,structures or improvements
that had permits may be repaired,maintained and replaced within the
existing footprint of the pathway, structure or improvement.
ii. Stormwater subject to the following criteria.
a) Nothing in this section shall exempt any system from complying with
the stormwater management design standards as set forth by the
South Florida Water Management District.
b) Preserve areas shall not be used to meet water quality requirements
as set forth in Section 5.2.1(a)of the Basis of Review for Environmen-
tal Resource Permit Applications for the South Florida Water Manage-
ment District or the Watershed Management regulations of Section
3.07.00.
c) Discharge of stormwater into a preserve shall be in a controlled
manner to prevent erosion, scour, and to promote even distribution.
d) Stormwater may be discharged into preserves comprised of:
i) Jurisdictional wetlands and the minimum required upland
buffer around these wetlands in accordance with an ap-
proved SFWMD Environmental Resource Permit(ERP);
ii) Uplands comprised primarily (greater than 50 percent by
area) of hydric soils as mapped by the Natural Resources
Conservation Service (NRCS) or as determined by in situ
hydric indicators;
iii) Non-jurisdictional areas dominated by hydrophytic (Obligate
(OBL) & Facultative Wet(FACW)) vegetation;
iv) Or a combination thereof.
Supp.No.15 LDC3:43
COLLIER COUNTY LAND DEVELOPMENT CODE
3.05.07 H.1. 3.05.07 H.1.
e) Where preserves include uplands comprised of greater than 50% by
area of non-hydric soils and not addressed in subsection 3.05.07
H.1.h.ii.d (above), stormwater may be discharged into said preserves
provided the following criteria are met:
i) If gopher tortoise, red-cockaded woodpecker, Big Cypress
fox squirrel, scrub jay or the nests of bald eagle are present,
technical assistance from the FFWCC or USFWS shall be
provided indicating that no harm to these species or their
habitat will occur due to discharge of stormwater into the
preserve.Technical assistance must be site specific;
ii) Demonstration that the upland portion of the preserve is not
inundated for more than 30 consecutive days during a refer-
ence wet season,as demonstrated through stormwater mod-
eling. For the purpose of this subsection, the reference wet
season is May 1996 through October 1996. In this context,
inundation means water levels averaging greater than 2"
above the average ground surface of the preserve;
or, if on-site groundwater data exists during a normal wet
season, the applicant must demonstrate that the addition of
stormwater to the preserve will not cause the groundwater
elevation in the preserve to exceed the existing recorded
peak groundwater elevation. A wet season typically spans
June through November, and rainfall is considered normal if
the monthly totals during a given wet-season fall within 25
percent of the average rainfall volume per month, as com-
puted using nearby long-term regional rainfall data;
iii) Stormwater shall not be directly discharged into land desig-
nated as 322, 413, or 421 FLUCFCS Codes.
f) When stormwater discharges are allowed in preserves, the associ-
ated stormwater facilities such as berms, swales, or outfall struc-
tures, may be located within the preserve, but the area of such
facilities cannot count towards the native vegetation preservation
requirement pursuant to section 3.05.07. These facilities are not
subject to setback requirements as found in subsection 3.05.07 H.3.
These facilities may be placed in a drainage easement.
g) Where stormwater discharges are allowed in preserves,the Preserve
Management Plan as required in 3.05.07 must include a monitoring
program.In the event stormwater introduced into a preserve results in
unacceptable changes in vegetation within the preserve, then a
remediation plan must be provided and the Preserve Management
Plan revised accordingly.Unacceptable changes in vegetation within
preserves include replacement of indigenous vegetation with non-
native species, changes in vegetative composition which are incon-
sistent with target plant communities or die-offs of vegetation which
are inconsistent with target plant communities.
Supp.No.15 LDC3:44
RESOURCE PROTECTION
3.05.07 H.1. 3.05.07 H.1.
h) Stormwater shall be allowed in preserves in the RLSA-WRA areas in
accordance with section 4.08.00 Rural Lands Stewardship Area Over-
lay District standards and procedures.
i) A property owner may request deviations from the above regulations,
3.05.07 H.1.h.ii.Staff shall review the plans and proposed deviations
to ensure that uplands in the preserve will suffer no adverse impact
resulting from the proposed deviations. The process for obtaining
deviations shall follow the procedure as set forth in Chapter 2,Article
VIII, Division 23 of the Code of Laws and Ordinances; appeal before
the EAC, and shall be heard at a public hearing of the EAC. No
deviations shall be granted for 322, 413, or 421 FLUCFCS Codes.
j) The requirements of this subsection (3.05.07 H.1.h.ii) shall not apply
to discharge of stormwater into preserves pursuant to South Florida
Water Management District or County permits or approvals issued
prior to June 11, 2010.
iii. No setback from preserves is required for fences,or retaining walls permitted
as part of the stormwater management system. Decorative walls must be set
back a minimum of five feet from the boundary of preserves. Permanent
fences and walls are prohibited within preserves unless approved by the
FFWCC or USFWS as part of an approved wildlife management plan in
accordance with 3.04.00. Where construction of such structures impacts
native vegetation in the preserve, a restoration plan shall be provided and
included as part of the preserve management plan.No trenching for wall/fence
installation is allowed within 10 feet from preserve boundary, unless adjacent
to a fire break in the preserve.Trenching is allowed for installation of gopher
tortoise fencing pursuant to FFWCC Gopher Tortoise Permitting Guidelines
and for retaining walls designed to minimize impacts to native habitat and
wetlands, such as those permitted as part of the stormwater management
system.
iv. No setback from preserves is required for impervious or pervious path-
ways, or other structures allowed within preserves pursuant to this section.
v. In those areas of Collier County where oil extraction and related processing
is an allowable use,such use is subject to applicable State and Federal oil and
gas permits and Collier County non-environmental site development plan
review procedures. Directional-drilling and/or previously cleared or disturbed
areas shall be utilized in order to minimize impacts to native habitats, where
determined to be practicable.This requirement shall be deemed satisfied upon
issuance of a State permit in compliance with the criteria established in
Chapter 62C-25 through 62C-30,F.A.C.,as those rules existed on January 13,
2005, regardless of whether the activity occurs within the Big Cypress Water-
shed, as defined in Rule 62C-30.001(2), F.A.C.All applicable Collier County
environmental permitting requirements shall be considered satisfied by evi-
dence of the issuance of all applicable Federal and/or State oil and gas
permits for proposed oil and gas activities in Collier County, so long as the
Supp.No.15 LDC3:45
COLLIER COUNTY LAND DEVELOPMENT CODE
3.05.07 H.1. 3.05.07 H.3.
state permits comply with the requirements of Chapter 62C-25 through 62C-
30, F.A.C. For those areas of Collier County outside the boundary of the Big
Cypress Watershed,the applicant shall be responsible for convening the Big
Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to
assure compliance with Chapter 62C-25 through 62C-30, F.A.C. even if
outside the defined Big Cypress Watershed.All access roads to oil and gas
uses shall be constructed and protected from unauthorized uses according to
the standards established in Rule 62C-30.005(2)(a)(1)through (12), F.A.C.
2. Inspections and maintenance.
a. Inspections shall be required for all preserves.The preserve areas shall be completed
and approved by inspections conducted in accordance with the following schedule:
i. Prior to preliminary acceptance of the phase of the required subdivision
improvements;
ii. Within the associated phase of the final site development plan prior to the
issuance of a certificate of occupancy.
iii. As required with golf courses, prior to the issuance of a certificate of occu-
pancy for the first permitted structure associated with the golf course facility;
iv. Eighty percent vegetative coverage,of the created preserves and supplemen-
tal plantings in preserves, is required within a two-year period following the
initial planting and shall be maintained in perpetuity.Native plants that recruit
on their own within the preserve will be counted towards this coverage
requirement.
b. Annual maintenance.Annual maintenance shall be required according to the Preserve
Management Plan.
3. Required setbacks to preserves.
a. All principal structures shall have a minimum 25-foot setback from the boundary of
any preserve. accessory structures and all other site alterations shall have a
minimum 10-foot setback from the boundary of any preserve.There shall be no site
alterations within the first 10 feet adjacent to any preserve unless it can be demon-
strated that it will not adversely impact the integrity of that preserve. (i.e. Fill may be
approved to be placed within 10 feet of the upland preserve but may not be approved
to be placed within 10 feet of a wetland preserve, unless it can be demonstrated that it
will not negatively impact that wetland.
b. Additional preserve buffers shall be applied to wetlands pursuant to section 3.05.07
F.3.f.
Supp.No.15 LDC3:46
RESOURCE PROTECTION
3.05.07 H. 3.05.08 A.
4. Exemptions.
a. Applications for development orders authorizing site improvements,such as an SDP
or FSP and,on a case by case basis,a PSP,that are submitted and deemed sufficient
prior to June 19, 2003 are not required to comply with the provisions of this section
3.05.07 H., which were adopted on or after June 19, 2003.
(Ord.No.05-27,§3.M;Ord.No.08-08,§3.F;Ord.No.08-63, §3.H;Ord.No.10-23,§3.0;Ord.No. 12-38,§3.F;
Ord.No. 13-56, §3.G;Ord.No. 14-33, §3.G;Ord. No. 15-44, §3.C;Ord.No. 16-27, §3.J;Ord.No. 17-10, §3.C;
Ord. No. 18-18, §3.F;Ord. No. 18-34, §3)
3.05.08 Requirement for Removal of Prohibited Exotic Vegetation
Prohibited exotic vegetation specifically includes the following:
Earleaf acacia(Acacia auriculiformis)
Australian pine (Casuarina spp.)
Melaleuca (Melaleuca spp.)
Catclaw mimose (Minosa pigra)
Downy rosemyrtle (Rhodomyrtus tomentosa)
Brazilian pepper(Schinus terebinthifolius)
Java plum (Syzygium cumini)
Women's tongue (Albizia lebbeck)
Climbing fern (Lygodium spp.)
Air potato (Dioscorea bulbifera)
Lather leaf(Colubrina asiatica)
Carrotwood (Cupaniopsis anacardioides)
A. General.
1. Prohibited exotic vegetation removal and methods of removal shall be conducted in
accordance with the specific provisions of each local development order.
2. Native vegetation shall be protected during the process of removing prohibited
exotic vegetation, in accord with the provisions of LDC section 3.05.04.
3. Prohibited exotic vegetation shall be removed from the following locations, and
within the following timeframes:
a. From all rights-of-way, common area tracts not proposed for development,
and easements prior to preliminary acceptance of each phase of the required
subdivision improvements.
Supp.No.17 LDC3:47
COLLIER COUNTY LAND DEVELOPMENT CODE
3.05.08 A. 3.05.08 C.
b. From each phase of a site development plan prior to the issuance of the
certificate of occupancy for that phase.
c. From all golf course fairways, roughs, and adjacent open space/natural
preserve areas prior to the issuance of a certificate of occupancy for the first
permitted structure associated with the golf course facility.
d. From property proposing any enlargement of existing interior floor space,
paved parking area,or substantial site improvement prior to the issuance of a
certificate of occupancy.
4. In the case of the discontinuance of use or occupation of land or water or structure for
a period of 90 consecutive days or more, property owners shall, prior to subsequent
use of such land or water or structure, conform to the regulations specified by this
section.
5. Verification of prohibited exotic vegetation removal shall be performed by the
County Manager or designee.
6. Herbicides utilized in the removal of prohibited exotic vegetation shall have been
approved by the U.S.Environmental Protection Agency.Any person who supervises up
to eight (8) people in the application of pesticides and herbicides in the chemical
maintenance of exotic vegetation in preserves, required retained native vegetation
areas,wetlands,or LSPA shall maintain the Florida Dept.of Agriculture and Consumer
Services certifications for Natural Areas Pesticide Applicators or Aquatic Herbicide
Applicators dependent upon the specific area to be treated.When prohibited exotic
vegetation is removed, but the base of the vegetation remains, the base shall be
treated with an U.S.Environmental Protection Agency approved herbicide and a visual
tracer dye shall be applied.
B. Exotic vegetation maintenance plan.A maintenance plan shall be submitted to the County
Manager or designee for review on sites which require prohibited exotic vegetation removal
prior to the issuance of the local development order.This maintenance plan shall describe
specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in
perpetuity. This maintenance plan shall be implemented on a yearly basis at a minimum.
Issuance of the local development order shall be contingent upon approval of the mainte-
nance plan.Noncompliance with this plan shall constitute violation of this section.The County
Manager or designee shall inspect sites periodically after issuance of the certificate of
occupancy, or other final acceptance, for compliance with this section.
C. Applicability to new structures and to additions on single-family and two-family lots. In
addition to the other requirements of this section,the applicant shall be required to remove all
prohibited exotic vegetation before a certificate of occupancy is granted on any new principal
or accessory structure and any additions to the square footage of the principal or accessory
structures on single-family or two-family lots.This shall not apply to tents,awnings,cabanas,
utility storage sheds,or screened enclosures not having a roof impervious to weather.This shall
not apply to interior remodeling of any existing structure.
The removal of prohibited exotic vegetation shall be required in perpetuity.Upon issuance of a
vegetation removal permit, subject to the provisions in LDC section 3.05.02 F. and G.,
prohibited exotic vegetation may be removed prior to issuance of a building permit.
Supp.No.17 LDC3:48
RESOURCE PROTECTION
3.05.08 D. 3.05.10 A.
D. Exceptions.Prohibited exotic vegetation may remain on property when the County Manager
or designee receives a request from the property owner to retain the vegetation.The County
Manager or designee shall approve such a request upon finding that at least one of the
following criteria has been met.
1. The prohibited exotic vegetation has been previously approved through the County
development review process and planted in accordance with the landscape require-
ments at the time of final local development order approval.
2. The subject lot is developed with, or proposed to be developed with, a single family
dwelling unit, and:
a. is not within the RFMU Sending Lands overlay district;and
b. is not within a NRPA overlay district;and
c. is not located on a undeveloped coastal barrier island;and
d. the vegetation requested to be retained is an existing Java plum tree(s) that
has attained a single-trunk diameter at breast height (DBH)of 18 inches or
more.
3. The prohibited exotic vegetation contains a nest of a bald eagle. Where such
vegetation occurs within a bald eagle nest protection zone, removal shall be in
accordance with the FWC Bald Eagle Management Plan and FWC Bald Eagle
Management Guidelines, or as otherwise permitted by the FWC and/or USFWS.
Where a bald eagle nest is determined to be "lost" as defined by the FWC, such
vegetation shall be removed as required by LDC section 3.05.08.
(Ord.No.05-27, § 3.N;Ord. No.08-63, §3.1;Ord. No. 15-44, §3.D)
3.05.09 Designation of Specimen Tree
By resolution of the BCC, a plant may be designated a specimen tree because of its historical significance,
rarity in the County, age, or extraordinary size.
3.05.10 Littoral Shelf Planting Area(LSPA)
The purpose and intent of a littoral shelf planting area (LSPA) is to establish a planted area within an
excavated lake serving as a wet detention pond as part of a stormwater management system that will support
wetland plants, improves the water quality within the lake and provides habitat for a variety of aquatic species
including wading birds and other waterfowl.Contained within such a lake, this area will typically function as a
freshwater marsh.Accordingly, the following requirements have been established in order for the LSPA to be
designed and maintained to accomplish this stated purpose and function.
A. Design requirements.
1. Area requirements.The total area of the LSPA shall be calculated as a percentage of
the total area of the lake at control elevation.Area requirements vary within the County
and are as follows:
�., a. Rural Fringe Mixed Use District-30 percent.This requirement may be reduced
subject to the incentives identified in section 3.05.07 F.4.b.;
Supp.No.15 LDC3:48.1
COLLIER COUNTY LAND DEVELOPMENT CODE
3.05.10 A. 3.05.10 A.
b. All other areas-7 percent.
2. Location criteria. Unless otherwise allowed for,the LSPA shall be concentrated in one
location of the lake(s),preferably adjacent to a preserve area,in order to maximize its
habitat value and minimize maintenance efforts. Multiple locations for meeting the
LSPA area requirement within a single lake shall be allowed as long as a single LSPA
is no smaller than 1,000 square feet.Whenever possible,the LSPA should be located
away from residential lots in order to avoid maintenance and aesthetic conflicts with
residential users,and the LSPA shall be located adjacent to control structures or pipe
outlets or inlets in order to maximize water quality benefits.However,the LSPA shall be
located no closer than 20 feet from any discharge structure or pipe intake so as to not
impede flow.If the LSPA is located around a discharge structure,the 20-foot setback
shall extend waterward of the discharge structure to a point in the center of the lake.
For interconnected lake systems, the total required area of the LSPA for all lakes may
be configured within a single lake and at one location.
3. Shelf elevation.The design elevation(s)of the LSPA shall be determined based on the
ability of the LSPA to function as a marsh community and on the ability of selected
plants to tolerate the expected range of water level fluctuations. Generally, marsh
communities in this area have a hydroperiod of between 6 and 10 months. Wet
seasonal water levels range from 12 to 24 inches above ground elevation. Dry
seasonal water levels are six inches below ground elevation for an average year and 46
inches below ground elevation for a one in ten year drought.The design of the shelf
may deviate from these reference values if site-specific data and information is
presented that supports the proposed elevations.
4. Shelf configuration.The LSPA shall be designed so that the slope of the shelf is as flat
as possible.An undulating bottom allowing for shallow pooling during the dry season is
encouraged. Shelves may be terraced to provide for varying elevations for different
plant species.The area requirements specified in 3.05.10 A.1 shall only be satisfied by
those areas planted on a shelf that has an average slope of 8:1 or flatter. Shelves
having undulating bottoms and terraced configurations shall be deemed to meet the
slope requirements if the average slope across the shelf is 8:1 or flatter.
5. Plant selection and specifications. Plants shall be selected based on the expected
flooding durations and maximum water depths for which the selected plants can
survive.The LSPA shall be initially planted with at least 3 different species of native,
nursery grown or otherwise legally obtained vegetation. No species shall constitute
more than 50 percent of coverage,and at least 1 species shall be herbaceous.Spacing
shall be no more than:20 feet for trees;5 feet for shrubs;and 36 inches on center for
herbaceous plants.At the time of planting, minimum size shall be: 3 gallon (minimum
4 feet high) for trees; 1 gallon for shrubs and 12 inches for herbaceous plants.
Clustering of plants shall be allowed to provide for scattered open areas as long as the
open areas do not constitute more than 20 percent of the required shelf area and the
elevations of the open areas are at least a foot deeper than the surrounding planted
area.
6. Posted area. The boundary of the LSPA shall be posted with appropriate signage
denoting the area as a LSPA.sign(s)should note that the posted area is a Littoral Shelf
Supp.No.15 LDC3:48.2
RESOURCE PROTECTION
3.05.10 A. 3.05.10 C.
Planting Area and contain specific instructions to ensure that the planted area will not
be subjected to herbicidal treatments or other activities that will kill the vegetation.The
signs shall be no closer than 10 feet from residential property lines; be limited to a
maximum height of 4 feet and a maximum size of 2 square feet;and,otherwise comply
with section 5.06.00.A minimum of two signs shall be provided to mark the extent of
the LSPA. Maximum sign spacing shall be 150 feet.
7. Required information. The planting plan for the LSPA shall provide the following
information:
a. Calculation table showing the required area(square feet)for the LSPA and its
percentage of the total area at control elevation;
b. Control elevation and dry season water table;
c. Maximum water depth (feet)and estimated number of months of flooding for
the range of planted elevations within the LSPA;
d. A plant list to include the appropriate range of elevations for each specified
plant species, spacing requirements, and plant size;
e. Planting locations of selected plants.
B. Operational requirements: Littoral shelf planting areas shall be maintained according to the
following requirements:
1. Eighty percent vegetative coverage of the LSPA is required within a 2-year period
following the initial planting and shall be maintained in perpetuity. Native plants that
recruit within the LSPA will be counted towards this coverage requirement except as
required per section 3.05.10 B.2 below.The LSPA must be kept free of refuse and
debris.
2. Prohibited exotics and nuisance species shall be removed as they occur, manually or
with U.S.Environmental Protection Agency approved herbicides.Prohibited exotics are
those species as listed in this section 3.05.08.For the purpose of this section,nuisance
species include those species listed as Class I and Class II Prohibited Aquatic Plants
specified in Chapter 62C-52.011, Florida Administrative Code. Cattails shall be re-
moved manually or with U.S. Environmental Protection Agency approved herbicides
when they exceed ten percent coverage of the required LSPA area.
C. Application to existing lakes. All previously approved projects requiring littoral plantings shall
meet the operational requirements set out in LDC section 3.05.10 B.above.
1. Projects with previously approved littoral planting requirements constructed according
to standards required at the time of approval, that do not meet the operational
requirements of 3.05.10 B., shall meet the current standards subject to the following
criteria:
.._ a. The amount of planted area shall be the same as that required in the original
approval;
Supp.No.15 LDC3:48.3
COLLIER COUNTY LAND DEVELOPMENT CODE
3.05.10 C. 3.05.10 C.
b. The property owner shall assess the existing slopes and elevations in order to
determine the appropriate location of the plantings subject to the criteria found
in section 3.05.10 A.3.The planted area shall be consolidated as much as
possible subject to the criteria found in 3.05.10 A.2.
c. Subject to the assessment described in b.,the existing planting slopes should
be as flat as possible but the 8:1 requirement of 3.05.10 A.4. shall not be
required. Re-grading of existing slopes will not be required;
d. Plant selection and specifications shall conform to section 3.05.10 A.5;
e. Signage of the planted littoral areas shall be required subject to 3.05.10 A.6.;
and
f. A written assessment and site plan shall be required if it is determined by the
assessment of the lakes that the new littoral shelf planting area will differ from
the approved plan of record.
2. For amendments to approved excavations where the proposed amendments will
modify the previously approved lake shoreline or increase the previously approved
lake area,signage of the planted littoral areas shall be required subject to LDC section
3.05.10 A.6.
a. For amendments that modify less than 20 percent of the previously approved
shoreline but increase the previously approved lake area, only the additional
portion of the lake shall be used to calculate the additional LSPA area using
the percentage requirements of LDC section 3.05.10 A.1.(See Figure 3.05.10
below).This additional LSPA shall conform to the design requirements of LDC
section 3.05.10 A.
b. For amendments that modify 20 percent or more of the previously approved
shoreline, the total lake area shall be used to calculate the LSPA area using
the percentage requirements of LDC section 3.05.10 A.1.(See Figure 3.05.10
below).The LSPA shall conform to the design requirements of LDC section
3.05.10 A.
Supp.No.15 LDC3:48.4
RESOURCE PROTECTION
3.05.10 C. 3.05.10 C.
existing lake
— -- — — lake addition
For amendments that modify the existing lake area
by adding an addition, only the new portion of the lake
shall be used to calculate the LSPA area using the
percentage requirements of LDC Section 3.05.10.A.1
I
existing shoreline
— — — — modified lake shoreline
For amendments that modify the existing shoreline
by greater than 20 percent,the total lake area
shall be used to calculate the LSPA area using the
percentage requirements of LDC Section 3.05.10.A.1
FrEomm n ilStuD M.$ $SECTION
flOWTH KANA4EKENT COAATKENT
DATE:WMD, PILE LDC-i00/-NRD%K
Figure 3.05.10-Modified Littoral Shelf Planting Area
Supp.No.15 LDC3:48.5
COLLIER COUNTY LAND DEVELOPMENT CODE
3.05.10 D. 3.06.02 B.
D. Exemptions. Lake excavations activities which are lawfully permitted and used for aquaculture
shall be exempt from the LSPA requirements. Lake excavation activities subject to the
Resource Extraction Reclamation Act (Ch. 378, Part IV, Fla. Stat.) shall be exempt from the
LSPA requirements but shall otherwise be required to follow the mine reclamation requirements
required in the Code of Laws of Collier County.Exempted lake excavations that are modified to
allow the lake to function as a wet detention pond as part of a stormwater management system
shall no longer be exempted from this section and shall meet the standards contained herein at
the time of modification.
(Ord.No.04-72, § 3.K;Ord.No.06-63, §3.0;Ord. No.07-67, §3.H;Ord. No. 16-27, § 3.K)
3.06.00 GROUNDWATER PROTECTION
3.06.01 Purpose and Intent
A. The purpose of this section is to establish standards, regulations, and procedures for the review and
approval of existing and proposed development within mapped wellfield protection zones in the
unincorporated area and the incorporated areas of the County.The standards and regulations of this
section shall be implemented to protect existing and future wellfields, protect natural aquifer system
recharge areas, protect Countywide groundwater resources, and to protect the public health and
resources through regulation and establishment of standards for development involving the use,
storage, generation, handling, and disposal of quantities of hazardous products and hazardous
waste in excess of identified quantities, disposal of sewage and effluent, stormwater management,
earthmining, petroleum exploration, solid waste, and other related aspects of land use and develop-
ment.
B. It is the intent of the BCC that this section implement and be consistent with the Collier County GMP.
Implementation will provide for the long-term protection of the County's groundwater resource, and
through the management of those land uses and developments within wellfield management special
treatment overlay zones and Countywide groundwater protection zones,ensure short-term protection.
This section is intended to be consistent with principles of property rights, as balanced with the health,
safety, and welfare of the general public.
C. In order to protect the County's potable groundwater resources, this section establishes Countywide
groundwater protection standards, implemented through a Countywide groundwater protection zone,
and a series of wellfield risk management special treatment overlay zones around identified public
water supply wellfields.These special treatment overlay zones and groundwater protection zone form
the basis of land use management prohibitions and regulations to reduce or eliminate the potential for
groundwater contamination from specified land uses and activities.
3.06.02 Protected Public Water Supply Wellfields
A. The public water supply wellfields,identified in section 3.06.06 and permitted by the SFWMD for potable
water to withdraw a minimum of 100,000 average gallons per day (GPD), are identified as protected
wellfields, around which specific land use and activity (regulated development) shall be regulated
under this section.
B. There are hereby created wellfield risk management special treatment overlay zones around each
existing public water supply wellfield permitted by the SFWMD, to withdraw a minimum of 100,000
average gallons per day or more.These wellfield risk management special treatment overlay zones are
generally depicted on wellfield protection zone maps and are made a part hereof as Illustration 3.06.02
Supp.No.15 LDC3:48.6
RESOURCE PROTECTION
3.06.02 B. 3.06.02 B.
A.Wellfield risk management special treatment overlay zones shall be supplemental to existing and
future zoning and land use regulations, and shall not be deemed to permit or authorize any use or
activity not otherwise permitted in the underlying zoning district or allowable in the underlying future
land use designation.
Supp.No.15 LDC3:48.7
RESOURCE PROTECTION
3.06.03 3.06.04 A.
3.06.03 Description and Basis of Wellfield Risk Management Special Treatment Overlay Zones
Wellfield risk management special treatment overlay zones are derived from the three-dimensional
computer-modeled analysis of groundwater flow and solute transport in the County's freshwater aquifer
system, as prepared and presented in a study commissioned by the County and known as the "Three-
Dimensional Simulation of Wellfield Protection Areas in Collier County, Florida" (Voorhees and Mades, 1989)
(the three-dimensional wellfield study).
A. Wellfield risk management special treatment overlay zone W-1 (zone W-1). The land area
between an identified wellfield and the five (5) percent groundwater capture zone, approxi-
mating the one (1) year wellfield risk management special treatment overlay zone boundary,
as shown on the wellfield risk management special treatment overlay zone map, Illustration
3.06.02 A, which area shall be protected from the discharge or accidental release of
contaminants from a sanitary hazard or other contaminant source, including the discharge or
accidental release of hazardous products and hazardous wastes.
B. Wellfield risk management special treatment overlay zone W-2 (zone W-2). The land area
between zone W-1 and the ten (10) percent groundwater capture zone,approximating the two
(2)year wellfield risk management special treatment overlay zone boundary, as shown on the
wellfield risk management special treatment overlay zone map, Illustration 3.06.02 A, which
area shall be protected from the discharge or accidental release of contaminants, including
from a sanitary hazard or other contaminant source and the discharge or accidental release
of hazardous products and hazardous wastes.
C. Wellfield risk management special treatment overlay zone W-3 (zone W-3). The land area
between zone W-2 and the twenty-five(25) percent groundwater capture zone,approximating
the five (5) year wellfield risk management special treatment overlay zone boundary, as
shown on the wellfield risk management special treatment overlay zone map, Illustration
3.06.02 A, which area may be protected from the discharge or accidental release of specific
contaminants, including the discharge or accidental release of hazardous products and
hazardous wastes.
D. Wellfield risk management special treatment overlay zone W-4 (zone W-4). The land area
between zone W-3 and the 100 percent groundwater capture zone for the twenty (20) year
planning limit, which is the twenty (20) year wellfield risk management special treatment
overlay zone boundary, as shown on the wellfield risk management special treatment overlay
zone map, Illustration 3.06.02 A, which area may be protected from the discharge or
accidental release of specific contaminants, including the discharge or accidental release of
hazardous products and hazardous wastes.
3.06.04 Groundwater Protection
A. There are hereby created groundwater protection special treatment overlay zones, as generally
depicted on the wellfield risk management special treatment overlay zone maps, Illustration 3.06.02
A. These groundwater protection special treatment overlay zones reflect wellfield risk management
zones W-1, W-2, W-3, and W-4; areas of high natural aquifer recharge in the County (ST-NAR), and
the natural recharge areas of the County that require minimum groundwater protection and within
which future public water supply wells may be located (GWP).
Supp. No. 2 LDC3:49
COLLIER COUNTY LAND DEVELOPMENT CODE
3.06.04 B. 3.06.05 E.
B. Wellfield risk management special treatment overlay zones, high natural aquifer recharge special
treatment zones (ST-NAR), and groundwater protection special treatment overlay zones shall be
supplemental to existing and future zoning and land use regulations, and shall not be deemed to
permit or authorize any use or activity not otherwise permitted in the underlying zoning district or
allowable in the underlying future land use designation.
C. The high natural aquifer recharge special overlay zones (ST-NAR) and the groundwater protection
zones (GWP) are based upon:
1. Those portions of the County identified as areas of high natural aquifer recharge to the
surficial and intermediate aquifer systems (ST-NAR).
2. The susceptibility of the surficial and intermediate aquifer systems in the County to
contamination resulting from surficial activities and the need for protection of the groundwater
resource as a future public water supply (GWP).
D. High natural aquifer recharge areas (ST-NAR). These areas have not yet been defined. The
prohibitions and regulations for this special treatment overlay zone shall be based upon the
determination and designation of those portions of the County that naturally function as high natural
recharge areas to the surficial and intermediate aquifer systems. Upon identification of ST-NAR
areas, pursuant to these regulations, shall be amended to include the ST-NAR special treatment
overlay zone where appropriate.
E. Groundwater protection area (GWP).All of the County provides natural aquifer recharge to the water
table aquifer, and the potential for natural aquifer recharge to the unconfined or semi-confined
portions of the Lower Tamiami and Sandstone aquifers. Natural aquifer recharge from the water table
aquifer constitutes approximately eighty (80) percent of the recharge to the Lower Tamiami aquifer
on a regional basis. That area of the County, excluding W-1, W-2, W-3, W-4, and ST-NAR, shall be
provided with a minimum level of groundwater protection and shall be designated as GWP.
3.06.05 Annual Review of Zones
The wellfield risk management special treatment overlay zone maps, Illustration 3.06.02 A, shall be
reviewed by the BCC on an annual basis, or more often as may be determined by the County Manager or
designee in his discretion upon the occurrence of:
A. Changes in technical knowledge concerning the understanding of groundwater hydraulics, as
applied to the hydrogeology of applicable aquifer systems in the County.
B. Changes in the permitted withdrawals from the identified wellfield(s).
C. Reconfiguration of identified wellfields.
D. The designation of new wellfield(s) as protected under this section.
E. Availability of any other technical or scientific information relative to the aquifer systems in the
County.
Supp. No.2 LDC3:50
RESOURCE PROTECTION
3.06.06 3.06.06 I.
3.06.06 Regulated Wellfields
The following wellfield risk management special treatment overlay zones,as defined in section 3.06.03,and
criteria specified herein shall be applied to the following wellfields:
A. City of Naples East Golden Gate Well Field.
B. City of Naples Coastal Ridge Well Field.
C. Collier County Utilities Golden Gate Well Field.
D. Everglades City Well Field.
E. Florida Governmental Utility Authority Golden Gate City Well Field.
F. Orange Tree Well Field.
G. lmmokalee Well Field.
H. Ave Maria Utility Company Well Field.
I. Port of the Islands Well Field.
Supp. No. 9 LDC3:51
COLLIER COUNTY LAND DEVELOPMENT CODE
3.06.06 I. 3.06.06 I.
— CITY OF NAPLES
EAST GOLDEN GATE WELL FIELD
North
13 17 !6 15
OR WEI.I.ROAD C A 858 t
I
24. 20 2 22
RANDAit BOULEVARD _
...sTIW4 —....
STMN4
25 30 29 28 27
i 5TIWQ
ti STMF1
36 31 32 34
BTlW1IMtir , ‘ 1 1
sTWR
1 STrWJ •_ r• •�
\\
STIWJ `1, 4 \ .;
GOLDEN GATE BOU 1
BTNFR
9
9T/WJ 10
f ST/WJ
IL i
4 J.
13 ! ''6 ,r
__ ______, Li F i
19 21
24 22
........................
30 29 28
25
ice—►
Illustration 3.06.06 A.
For more information, refer to the Collier County Zoning Map at
http://www.colliergov.net/Index.aspx?page=992
isee
Supp. No.9 LDC3:52
RESOURCE PROTECTION
3.06.06 I. 3.06.06 ILW .
CITY OF NAPLES
COASTAL RIDGE WELL FIELD
North '\ �''
It 31 33 4.1 ''" I <'
\` JTnrs� ��
VAtgERBRT BEACH ROAD
J$TM- _
i BVW4 �...elk
=/ srwr
Jrm� Jaws ,1--�-�-
I Jow,
I
3171/4.2 AS
JT(W1 114141 1 .1
Jrma Jvw-a
PINE RIDGE ROAD
S STIW1
I ,J1 2
1 r
JT
C z
lTAY, &
ll LI i � ��S
� snw•,
ry 21 i.
JTM.3
v2JTMId
(,�28 4 27 6 2% •
GOLDEN GATE PARKWAY
.„44:r
ir
STN.; ell)
"'awl Al — !,r) -
33 & 34 /i 35
1 1 4' RADIO HOOD
.‘ '..—:)i_. _. b
I
`I 4 I .S % 2 ,
, Mile `
Illustration 3.06.06 B.
For more detailed information, refer to the Collier County Zoning Map at
http://www.colliergov.net/Index.aspx?page=992
i
Supp. No. 9 LDC3:53
COLLIER COUNTY LAND DEVELOPMENT CODE
3.06.06 I. 3.06.06 I.
`-" COLLIER COUNTY UTILITIES
GOLDEN GATE WELL FIELD
North i6 ��_--.
T — 15 14 13 ,
15 ' 14 13 17 19 C.R.858
13 14 ! 19
22 23 24
'9 70 21 22
RANDALL 4 L ARD 1
IMMOKALEE I ROAD _' I :�-1 I T„I,
1
STAY-2 IC.R.846) I 29 ^.e��J 27 STAY-815 I 5 30
iI 9
27 26 25 1 I 1fIW., ■. ._..-F... 1D
I -.4 .
i8- 4
r , 36 3
34 35 36 37 Lj
L�TAY- SiAtl�
I �BTAY3
,�
aTA9-1
STAW2
3 2 STm 4 a 6 5 \ 2 , I \ 6 1
BMYJ;
(GOLDEN GATE:BOULEVARD 1
idrilhlih' 1,4 r
,., 7
il��� 14 13 19 4�,�.� � i
W ! I
I tl
1 P III4 1
lTAY-0 ' ._.._..__.I
U
22 '53 24 ;9{TAYa 1
STAY4 , 20 , 21 23 74 19
6TM4 I
26 25 30 79 'i 28 11 J0
6 25
35 36 31 32 34
33 35 31
MIERSTATE-75 ) (ALLIGATOR ALLEY (S.R.84)
1 A
7.7;::
I
2 6 1 5 III 4 i 2 1 6
1 Mile
Illustration 3.06.06 C.
For more detailed information, refer to the Collier County Zoning Map at
http://www.colliergov.net/Index.aspx?page=992
\boo,
Supp. No. 9 LDC3:54
RESOURCE PROTECTION
3.06.06 I. 3.06.06 I.
EVERGLADES CITY
WELL FIELD
North
35 36 31 32
2 1 6 5
F4
ST/W-4
ST/W-9
ST/W-2 air 410
11 ST/W-1 7 8
14 13 18 17
1 Mile41 .
Illustration 3.06.06 D.
For more information, refer to the Collier County Zoning Map at
http://www.colliergoy.net/Index.aspx?page=992
Supp.No. 9 LDC3:55
COLLIER COUNTY LAND DEVELOPMENT CODE
3.06.06 I. 3.06.06 I.
FLORIDA GOVERNMENTAL UTILITY AUTHORITY
GOLDEN GATE CITY WELL FIELD
PINE RIDGE ROAD
North
17 16
15 14 13
____(
GREEN,BOULEVARD
A
y /7 U 2.; 24
20 § 21 I
_ m
i
BT;W.,
F ST/W-2
p ST/W-3
29 0,28 2 7 026 25
i
E
0
U
33 .Si 36
4
11
,NrETgre 75
1 Mile I.
Illustration 3.06.06 E.
For more detailed information, refer to the Collier County Zoning Map at
http://www.colliergov.net/Index.aspx?page=992
Supp. No.9 LDC3:56
RESOURCE PROTECTION
3.06.06 I. 3.06.06 I.
ORANGE TREE WELL FIELD
North
10 11 2 7
ST/Wt ST/W.4
re
STnv2 1 4 .1 18
w ST/W-3 ` J
15 Y ST/W-0
OSTIW-1
,,� STIW3
STW-3
OIL WELL ROAD '.
ST/W-1
STIW-2
ST/W-3
ST/W-4
` 3 24 19
22
RANDALL BOULEVARD
1 Mile ,
Illustration 3.06.06 F.
For more detailed information, refer to the Collier County Zoning Map at
http://www.colliergov.net/Index.aspx?page=992
Supp. No. 9 LDC3:57
COLLIER COUNTY LAND DEVELOPMENT CODE
3.06.06 I. 3.06.06 I.
IMMOKALEE WELL FIELD
North
s R 8? 8 9 10 11
i
18 i 7 16 15 14
RI
d
th
.1-
19 20 21 /221_ 23
26
I 30 29 28
sr ST/W.3
Ul
...Wow ST/W-1
STrWw2
31 ,110
33 q<'� J,./ \34 \ 35
FORD RO•.
ST/W-1
._..TST/W-2
®� ST/W3
. \ ST/W-4
1 4 O R.646 2
6 5 i i
3
jam&
srnv-1 I, ,pawimy
411114741eW s',
7 ST/W-2 8 y 10 1141
ST/W3 0
ST/W-4
L
1 Mile
. ►
Illustration 3.06.06 G.
For more information, refer to the Collier County Zoning Map at
http://www.colliergov.net/Index.aspx?page=992
Le
Supp. No. 9 LDC3:58
RESOURCE PROTECTION
3.06.06 I. 3.06.06 I.
— AVE MARIA UTILITY COMPANY WELL FIELD
North 1
1 24 19 21 . ..
1
i IMMOKALEE. ROAD
25 30 29 28 27
36 31 32 33 34
6 I 4 3
1
'( ....._ arm., row000k srwa
sT,wa
sTwr .7-'- �� G 1 U
12
S W,3 ��'� sr,we
sT,w-z-- '1
9T,1VB '
1 13 18 17 16 15
OIL WELL ROAD
C.R.RRR
I
24 I 19 20 21 22.
1 Mile41 ►
Illustration 3.06.06 H.
For more detailed information, refer to the Collier County Zoning Map at
http://www.colliergov.net/Index.aspx?page=992
Supp. No. 9 LDC3:58.1
COLLIER COUNTY LAND DEVELOPMENT CODE
3.06.06 I. 3.06.06 I.
PORT OF THE ISLANDS WELL FIELD
North
21 22 23 24 19
28 27 25 30
26
33 ST/W-1 34 35 36 31
ST/W-2Z
STIW3
9T/W4 ,
Slot
4 3 2 1 6
U.S.4 TAMIAMI TRAIL
0.0
9 10 11 12 7
1 Mile ►
Illustration 3.06.06 I.
For more detailed information, refer to the Collier County Zoning Map at
http://www.colliergov.net/Index.aspx?page=992
(Ord. No. 05-27, § 3.0; Ord. No. 10-23, § 3.P; Ord. No. 12-38, § 3.G)
Supp. No. 9 LDC3:58.2
RESOURCE PROTECTION
3.06.07 3.06.09 A.
3.06.07 Unregulated Wellfields
Editor's note—Ord. No. 12-38, § 3.H, adopted September 25, 2012, repealed § 3.06.07, which pertained
to unregulated wellfields.
3.06.08 Determination of Location Within Wellfield Risk Management Zones
In determining the location of regulated development within the wellfield risk management zones, the
following rules shall apply:
A. Regulated development located wholly within a single wellfield risk management zone, as
reflected on the wellfield risk management special treatment overlay zone map(s), shall be
governed by the restrictions applicable to that zone.
B. Where a boundary between two (2) adjacent wellfield risk management zones, as reflected
on the wellfield risk management special treatment overlay map(s), passes through the
structure of a regulated development, the entire structure and regulated development
shall be considered to be in the more restrictive zone.
C. Where the site of a regulated development lies within two (2) or more wellfield risk
management zones, as reflected on the wellfield risk management special treatment overlay
map(s), and the structural or activity portion of the site may be confined to one (1) of the
zones,then each portion of the regulated development shall be governed by the restrictions
applicable to the applicable overlay zone in which the portion is located, so long as the owner
and/or operator provides reasonable assurances that a discharge or accidental release will be
prohibited from entering the more restrictive zone.
3.06.09 Protection of Future Wellfields
A. Wellfield risk management zones shall be established around those future public water supply
wellfields with SFWMD permitted withdrawals of a minimum of 100,000 gallons per day from the
surficial aquifer system.
Supp. No. 9 LDC3:58.3
RESOURCE PROTECTION
3.06.10
B. Future public water supply wellfields with SFWMD permitted withdrawals of a minimum of 100,000
gallons per day from the intermediate aquifer system shall be evaluated on a case-by-case basis to
determine the applicability of wellfield risk management zone delineation.
C. Wellfield risk management zones shall not be established for those future public water supply
wellfields with SFWMD permitted withdrawals of a minimum of 100,000 gallons per day from the
Floridan aquifer system.
D. All regulated development within the wellfield risk management zones of the future public water
supply wellfields shall comply with the regulations and standards of construction of section 3.06.12
and section 3.06.13 hereof, which incorporate, by reference, the state's groundwater standards of
nondegradation and enhancement of groundwater.
3.06.10 Effect of Setbacks and Buffers from Sanitary Hazards as Promulgated and Adopted in the
Florida Administrative Code
The Florida Administrative Code, establishes minimum setbacks and buffers between the placement of
identified sanitary hazards and public potable water supply wells. The location of the following regulated
development and associated activity shall be subject to the minimum setback and buffer requirements as
promulgated and adopted by the DEP, and incorporated herein by reference. For reference purposes only,the
applicable setbacks from potable water wells on the effective date of this section [November 18, 1991]are as
follows:
A. Domestic wastewater treatment plant outfall, as regulated under the Florida Administrative
Code, shall discharge not less than five 500 feet from an approved, but not yet constructed,
potable water intake.
B. Application of sludge, as regulated under the Florida Administrative Code, shall be no closer
than 500 feet from a shallow public water supply well, as defined in the Florida Administrative
Code.
C. The edge of the wetted area used for the application and reuse of reclaimed water, as
regulated under the Florida Administrative Code, shall be no closer than seventy-five(75)feet
from an existing or HRS-approved potable water supply well; and reclaimed water transmis-
sion facilities shall be no closer than seventy-five (75) feet from a potable water supply well.
D. The edge of the pond, basin, or trench embankment used for a rapid rate land application
system, as regulated under the Florida Administrative Code, shall be no closer than 500 feet
from an existing or HRS-approved potable water supply well, or 200 feet if conditions
specified in the cited rule are met.
E. The edge of a reuse absorption field, as regulated under the Florida Administrative Code,
shall be no closer than 500 feet from an existing or HRS-approved potable water supply well,
or 200 feet if conditions specified in the cited rule are met.
F. The edge of the wetted area used for effluent disposal by overland flow, as regulated under
the Florida Administrative Code, shall be no closer than 100 feet from an existing or
HRS-approved potable water supply well; and a reclaimed wastewater transmission facility,
as regulated under the Florida Administrative Code, shall be no closer than 100 feet from a
public water supply well.
LDC3:59
COLLIER COUNTY LAND DEVELOPMENT CODE
3.06.10
G. Domestic wastewater residuals land application, as regulated under the Florida Administra-
tive Code, shall be no closer than 500 feet from any shallow public water supply well.
H. Dairy farms, regulated under the Florida Administrative Code, shall maintain a 300 feet
separation between storage and treatment or high intensity areas and a drinking water supply
well; and shall maintain a separation of 200 feet between land application of wastewater and
a drinking water supply well. The land application of egg wash wastewater, as regulated
under the Florida Administrative Code, shall be no closer than 200 feet from a drinking water
supply well.
Disposal of solid waste, as regulated under the Florida Administrative Code, is prohibited
within 500 feet of an existing or approved shallow water supply well, unless the disposal
meets the standards of the Florida Administrative Code.
J. Any other applicable setback and buffer from a drinking water supply well required by state
or federal regulations shall be applicable to any new or substantially modified regulated
development after the effective date of this section [November 18, 1991].
3.06.11 Exempted Development
The following legally existing and future development is deemed by the BCC to be exempt from the
prohibitions, regulations, and standards of construction established by this section as set forth below. These
exemptions shall not be construed, or otherwise interpreted to, exempt that development prohibited or
regulated in section 3.06.12 hereof.
A. Wellfield exemption. A wellfield exemption for a particular development shall not automati-
cally expire so long as the development meets the criteria of this section. An exemption for
a particular development shall be subject to revision or revocation, pursuant to the
procedures in Chapter 10.
1. The transportation of any hazardous product or hazardous waste shall be exempt
from the provisions of this section, provided that the transporting motor vehicle is in
continuous transit. This exemption shall not be construed to prohibit the delivery of a
hazardous product or the temporary stop of such motor vehicle for such period of
time as is necessary for refueling, emergency repairs, and driver comfort.
2. The use of any petroleum product solely as a fuel in a vehicle's fuel tank or as a
lubricant in a vehicle shall exempt the vehicle from the provisions of this section.
3. The use of fertilizers containing nitrates shall be generally exempt from this section.
4. The activities of constructing, repairing, or maintaining any facility or of facility
improvement shall be exempt from the provisions of this section, provided that all
contractors, subcontractors, laborers, materialmen, and their employees or agents,
when using, handling, storing, producing, transporting, or disposing of hazardous
products or hazardous wastes, continuously use industry standard best manage-
ment practices to ensure that hazardous products, hazardous wastes, or other
contaminants are not discharged or accidentally released.
LDC3:60
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3.06.12
5. Application of pesticides, herbicides,fungicides, and rodenticides in any nonresiden-
�— tial pest control and aquatic weed control activity shall not be required to obtain a
certificate to operate under this section provided that:
a. The application of pesticides, herbicides, fungicides, and rodenticides is in
strict accordance with federal requirements §§, and as indicated on the
containers in which the substance is sold or stored.
b. The use of pesticides, herbicides, fungicides, and rodenticides is in strict
accordance with the requirements of the Florida Administrative Code.
6. Emergency generators that are accessory to a public utility, and which will provide
emergency electrical power to ensure a continuous supply of a public benefit,
including,without limitation,a public potable water supply, natural gas,sewer service,
and telephone service,shall not be required to obtain a certificate to operate, so long
as the state-mandated setbacks and buffers as may be set forth in the Florida
Administrative Code, and incorporated by reference in section 3.06.10 hereof, are
met and maintained. Emergency generators that are accessory to essential ser-
vices, such as elevators in condominiums, hospitals, and other publicly accessed
places, and which are connected to fuel storage tanks of less than 110 gallons, shall
be exempt from regulation under this section.
7. Retail sales establishments that store,and handle for resale, hazardous products in
the substance's original and unopened individual containers,of not more than five(5)
gallons or fifty (50) pounds, shall not be required to obtain a certificate to operate.
8. Electrical power transformers that are necessary equipment to the operation of
electric power utilities, which deliver essential electric service of a public benefit,
including both distribution and substation power transformers,shall not be required to
obtain a certificate to operate, so long as the state mandated setbacks and buffers
as may be set forth in the Florida Administrative Code, and incorporated by reference
in section 3.06.10 hereof, are met and maintained.
B. The continued wellfield exemption status of a regulated development shall be dependent
upon compliance with the criteria of section 3.06.11(A) and this section. In order to ensure
compliance with the criteria of section 3.06.11(A),the County may inspect the premises of the
regulated development at reasonable times and after reasonable notice and consent of the
owner and/or operator. Where consent has been withheld, the County may obtain an
inspection warrant in the same manner as provided for in § 403.091, F.S. Agents of the
County shall be provided with official identification, and shall exhibit this identification prior to
any inspection.
3.06.12 Regulated Development
A. Generally.
1. Unless otherwise exempted from compliance with this section, it shall be unlawful to
substantially modify, replace, or maintain an existing regulated development, or to com-
mence the operation or construction of the following regulated development in violation of
the standards set forth in this section.
LDC3:61
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2. All existing regulated development, unless otherwise expressly provided herein, shall have
been constructed and permitted in accordance with applicable local, state, and federal law
and regulations. All existing regulated development meeting these criteria is deemed to be
legal nonconforming regulated development which shall,within one(1)year of the effective
date of this section [November 18, 1991], come into compliance with the standards for
existing regulated development as provided in this section.
3. All existing regulated development not constructed and permitted in accordance with
applicable local, state, and federal law and regulations, is deemed to be illegal nonconform-
ing regulated development and shall, within one (1) year of the effective date of this section
[November 18, 1991], come into compliance with the standards for future regulated
development as provided in this section.
B. Existing solid waste disposal facilities.
1. All existing solid waste disposal facilities shall have met the applicable state-mandated
setbacks and buffers as adopted in the Florida Administrative Code and incorporated by
reference in 3.06.10 hereof.
2. In zones W-1 and W-2,the owner and/or operator of an existing lawful nonconforming solid
waste disposal facility shall:
a. Monitor discharges to groundwater as provided under -the Florida Administrative
Code.
b. Comply with the operating criteria established under -the Florida Administrative
Code.
c. Submit to the County copies of all groundwater monitoring reports and other
operational reports, as may be required by the DEP on a quarterly basis, or as
submission may otherwise be required by the DEP.
3. In zones W-3, W-4, and GWP, existing solid waste disposal facilities are not regulated
under this section.
C. Future solid waste disposal facilities. In zones W-1, W-2, W-3, and W-4, future solid waste
disposal facilities are prohibited. In the GWP zone, future solid waste disposal facilities are
prohibited in the absence of a wellfield conditional use permit.
D. Existing solid waste transfer stations.
1. In zones W-1, W-2, W-3, and W-4, the continued operation of a lawful nonconforming solid
waste transfer station shall be allowed after the effective date of this section[November 18,
1991] upon the owner and/or operator of such facility obtaining a certificate to operate from
the County, which shall include the following conditions:
a. Compliance with the operating criteria established under the Florida Administrative
Code.
LDC3:62
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3.06.12 D. 3.06.12 H.
b. The owner and/or operator shall submit copies of all groundwater monitoring reports
and other operational reports, as may be required by the DEP on a quarterly basis,
or as may otherwise be required by the DEP.
c. The owner and/or operator shall report any discharge or accidental release of
contaminants to the County within twenty-four (24) hours of discovery.
2. In the GWP zone,existing solid waste transfer stations are not regulated under this section.
E. Future solid waste transfer stations.
1. In zones W-1, W-2, and W-3, future solid waste transfer stations are prohibited.
2. In zones W-4 and GWP, future solid waste transfer stations shall operate pursuant to a
certificate to operate issued by the County, subject to compliance with the following criteria:
a. Compliance with the operating criteria established under the Florida Administrative
Code.
b. The owner and/or operator shall submit copies of all groundwater monitoring reports
and other operational reports, as may be required by the DEP on a quarterly basis,
or as may otherwise be required by the DEP.
c. The owner and/or operator shall report any discharge or accidental release of
contaminants to the County within twenty-four (24) hours of discovery.
F. Existing and future solid waste standard containers and solid waste bulk containers.
1. In zones W-1 and W-2, all solid waste standard containers shall be constructed of a
leakproof and nonabsorbent material, with handles, provided with a closely fitting watertight
cover.
2. In zones W-3,W-4, and GWP,solid waste standard containers are not regulated under this
section.
3. In zones W-1, W-2, W-3, W-4, and GWP, all solid waste bulk containers shall be
constructed of a leakproof and nonabsorbent material, and fitted with a rainproof lid or cover.
G. Future solid waste storage, collection, and recycling facilities.
1. In zones W-1, W-2, W-3, W-4, and GWP, storage, collection, and recycling facilities, that do
not handle hazardous products or hazardous wastes, are not regulated under this section.
2. In zones W-1, W-2, and W-3, future solid waste storage, collection, and recycling facilities
that will handle hazardous products and hazardous wastes shall be prohibited.
3. In zones W-4 and GWP,future solid waste storage, collection, and recycling facilities are not
regulated under this section.
H. Disposal of hazardous waste. In zones W-1,W-2,W-3,W-4,and GWP,the disposal of any hazardous
waste,or constituent thereof, in an existing or future landfill or other land disposal system is prohibited.
Supp. No. 9 LDC3:63
COLLIER COUNTY LAND DEVELOPMENT CODE
3.06.12 I. 3.06.12 1.1.
I. Existing and future nonresidential use, handling, storage, generation, transport, or processing of
hazardous products.
1. In zones W-1,W-2, and W-3,future nonresidential development and the continued operation
or use of existing nonresidential development, which, at any point in time, uses, handles,
stores,generates,transports,or processes hazardous products that are not gaseous at 105
degrees Fahrenheit and ambient pressure, and are not in quantities that exceed 250 gallons
for liquids or 1,000 pounds for solids, shall be allowed pursuant to the owner and/or operator
of such development obtaining a certificate to operate issued by the County. The certificate
to operate shall incorporate the following conditions:
a. Existing nonresidential regulated development shall implement a detailed contain-
ment plan, approved by the county manager, and providing for containment of the
hazardous product(s) which will provide for absorption of not less than an
equivalent volume of the hazardous product(s), or provide for secondary contain-
ment with a volume of at least 110 percent of the largest container; or other
comparable method to manage discharges or accidental releases and prevent
contact with the land or waters constituting or connected to waters of the state as
defined in Chapter 403, F.S. Liquid hazardous products in tanks with a capacity of
greater than 250 gallons must be stored in secondary containment with a volume of
at least 110 percent of the largest container, plus the displacement of that and any
other tank(s)within the containment area. Rainwater may not exceed ten(10)percent
of the volume in the secondary containment area at any time.
b. Future nonresidential regulated development shall implement a detailed contain-
mNow-
ent plan, approved by the County Manager or designee, in accordance with the
standards set forth in subsection (1)(a) hereof, with the exception that the future
regulated development shall provide for both the containment and absorption of
hazardous products.
c. Hazardous products must be removed from the secondary containment within
twenty-four (24) hours of the discharge or accidental release.
d. Submittal to the County of a fire plan approved by the local fire district.
e. Upon discovery of any discharge or accidental release, implementation of a detailed
contingency plan, approved by the county manager, which shall describe the actions
to be taken by the owner and/or operator in the event of a discharge or accidental
release of a hazardous product under this section. Actions shall include first
response steps to control and prohibit the discharge or accidental release of the
hazardous product; remedial actions consistent with applicable state and federal
laws; and proper disposal of the hazardous product. Emergency telephone num-
bers shall be provided for local and state response units, and the owner and/or
operator's designated emergency response personnel. The plan shall demonstrate
compliance with the applicable state and federal regulations. The County shall
provide forms for reporting of discharges or accidental releases.
f. The owner and/or operator of the facility shall report, to the County, discharges or
accidental releases exceeding fifty (50) gallons including: date, time, product
Supp. No. 9 LDC3:64
RESOURCE PROTECTION
3.06.12
discharged or released, control measures used, quantity of product discharged or
released, and disposition of recovered waste, within forty-eight (48) hours of the
discharge or accidental release.
g. Annual inspections.
2. In zone GWP, all future and existing nonresidential development involving the use, handling,
storage, generation, transport, or processing of hazardous product below the thresholds
stated in section 3.06.12(1)(1), and all future and existing nonresidential development in
zones W-4 and GWP involving the generation or storage of hazardous waste at or above the
thresholds stated in section 3.06.12(1)(2) hereof, shall not be required to obtain a certificate
to operate, but shall comply with the following:
a. No hazardous product shall be discharged or released to any stormwater treatment
system.
b. No hazardous product shall be discharged or released to any on-site sewage
disposal system not permitted for industrial or manufacturing use.
c. No hazardous product shall be discharged or released to any wastewater
treatment system not permitted for industrial waste.
d. No hazardous product shall be discharged or released to the surface of the land or
into any water constituting or connecting to waters of the state defined in Chapter
403, F.S.
e. All hazardous products shall be retained on-site until use.
f. All hazardous products shall be stored in rainproof and leakproof containers.
g. Discharges or accidental release of hazardous product exceeding fifty (50) gallons
shall be reported to the County within forty-eight (48) hours of discovery. The report
shall indicate the date,time, product discharged or released, control measures used,
quantity of product discharged or released, and disposition of recovered product.
J. Existing and future residential use, handling, storage, generation, transport, or processing of
hazardous products. The existing and future residential use, handling, storage, generation,
transport, or processing of hazardous products is not regulated under this section.
K. Existing and future nonresidential generation or storage of hazardous waste. In zones W-1, W-2, and
W-3, future nonresidential facilities, and the continued operation or use of existing nonresidential
facilities, that generate or store hazardous wastes, which accumulate more than 220 pounds per
month or 110 gallons at any point in time, shall be allowed pursuant to the owner and/or operator
obtaining a certificate to operate.The certificate to operate shall incorporate the following conditions:
1. Existing nonresidential regulated development shall implement a detailed containment plan,
approved by the County Manager or designee, and providing for containment of the
hazardous waste(s), which will provide for absorption of not less than an equivalent volume
of the hazardous waste(s),or provide for secondary containment with a volume of at least 110
percent of the largest container; or other comparable method to manage discharges or
accidental releases, and prevent contact with the land or waters constituting or connected to
LDC3:65
COLLIER COUNTY LAND DEVELOPMENT CODE
3.06.12
waters of the state as defined in Chapter 403, F.S. Liquid hazardous wastes in tanks with a
capacity of greater than 250 gallons must be stored in secondary containment with a volume
of at least 110 percent of the largest container, plus the displacement of that and any other
tank(s)within the containment area. Rainwater may not exceed ten(10)percent of the volume
in the secondary containment area at any time.
2. Future nonresidential regulated development shall implement a detailed containment plan,
approved by the County Manager or designee, in accordance with the standards set forth in
subsection (1) hereof,with the exception that the future regulated development shall provide
for both the containment and absorption of hazardous wastes.
3. Existing and future nonresidential regulated development shall comply with the following
conditions:
a. Hazardous wastes must be removed from the secondary containment within
twenty-four (24) hours of the discharge or accidental release.
b. Submittal to the County of a fire plan approved by the local fire district.
c. Upon discovery of any discharge or accidental release, implementation of a detailed
contingency plan, approved by the county manager, which shall describe actions to
be taken by the owner and/or operator in the event of a discharge or accidental
release of a hazardous waste under this section.Actions shall include first response
steps to control and prohibit the discharge or accidental release of the hazardous
waste; remedial actions consistent with applicable state and federal laws; and proper
disposal of the hazardous waste. Emergency telephone numbers shall be provided
for local and state response units, and the owner and/or operator's designated
emergency response personnel. The plan shall demonstrate compliance with the
applicable state and federal regulations.The County shall provide forms for reporting
of discharges or accidental releases.
d. The owner and/or operator of the facility shall report, to the County, discharges or
accidental releases exceeding fifty (50) gallons including: date, time, waste dis-
charged or released, control measures used, quantity of waste discharged or
released, and disposition of waste product, within forty-eight (48) hours of the
discharge or accidental release.
e. Annual inspections.
4. In zones W-1,W-2, and W-3,all future and existing nonresidential development involving the
generation or storage of hazardous waste below the thresholds stated herein ,and all existing
nonresidential development in zones W-4 and GWP involving the generation or storage of
hazardous waste at or above the thresholds stated herein , shall not be required to obtain a
certificate to operate, but shall comply with the following:
a. No hazardous waste shall be discharged or released to any stormwater treatment
system.
b. No hazardous waste shall be discharged or released to any on-site sewage disposal
system not permitted for industrial or manufacturing use.
LDC3:66
RESOURCE PROTECTION
3.06.12
c. No hazardous waste shall be discharged or released to any wastewater treatment
system not permitted for industrial waste.
d. No hazardous waste shall be discharged or released to the surface of the land or into
any water constituting or connecting to waters of the state as defined in Chapter 403,
F.S.
e. All hazardous waste shall be retained on-site until disposed of in accordance with
applicable law.
f. All hazardous waste shall be stored in rainproof and leakproof containers.
g• discharges or accidental release of hazardous waste exceeding fifty(50)gallons shall
be reported to the County within forty-eight (48) hours of discovery. The report shall
indicate the date, time, waste discharged or released, control measures used,
quantity of waste discharged or released, and disposition of recovered waste.
L. Existing and future residential generation or storage of hazardous wastes. In zones W-1, W-2, W-3,
W-4, and GWP, residential generation and storage of hazardous waste are not regulated under this
section.
M. Existing and future domestic wastewater treatment plants.
1. All future and existing domestic wastewater treatment plants shall have been constructed
and permitted in accordance with applicable state law and regulations, and comply with the
state-mandated setbacks and buffers as adopted in the Florida Administrative Code and
incorporated by reference in section 3.06.11.
2. In zone W-1, all future domestic wastewater treatment plants are prohibited. The continued
operation of all existing legal nonconforming domestic wastewater treatment plants shall be
allowed to continue pursuant to the owner and/or operator obtaining a certificate to operate.
The certificate to operate shall incorporate the following conditions:
a. All applicable sampling requirements of the Florida Administrative Code, pertaining to
monitoring of influent and effluent.
b. All applicable groundwater monitoring requirements of the Florida Administrative
Code, pertaining to groundwater monitoring, and provide the County with copies of all
monitoring reports submitted to the DEP.
c. The applicable influent and/ or effluent and groundwater monitoring reporting
requirements of the Florida Administrative Code, and provide the County with copies
of all monitoring reports submitted to the DEP.
3. In zones W-2, W-3, W-4, and GWP, future domestic wastewater treatment plants and the
continued operation of all existing legal nonconforming domestic wastewater treatment
plants permitted for over 100,000 gpd,shall be allowed pursuant to the owner and/or operator
demonstrating compliance with and incorporating the following conditions:
a. All applicable groundwater monitoring requirements of the Florida Administrative
Code, pertaining to groundwater monitoring.
LDC3:67
COLLIER COUNTY LAND DEVELOPMENT CODE
3.06.12
b. On a quarterly basis, the owner and/or operator shall provide the County with copies
of all current monitoring reports submitted to the DEP.
N. Existing land disposal systems for domestic wastewater treatment plant effluent.
1. All existing land disposal systems for application of domestic wastewater treatment plant
effluent shall have been constructed and permitted in accordance with applicable state law
and regulations, and comply with the state-mandated setbacks and buffers as adopted in
the Florida Administrative Code and as incorporated by reference in section 3.06.10.
2. In zone W-1, the continued operation of all land disposal systems for the application of
domestic wastewater treatment plant effluent shall be allowed pursuant to the owner and/or
operator obtaining a certificate to operate. The certificate to operate shall incorporate the
following conditions:
a. All applicable sampling requirements of the Florida Administrative Code, pertaining to
monitoring of wastewater effluent.
b. All applicable surface water and groundwater monitoring as required by the DEP
pursuant to the Florida Administrative Code.
c. Reporting of wastewater effluent sampling data and surface water and/or ground-
water monitoring data to the County on a quarterly basis.
d. The wastewater treatment and high level disinfection standards identified in the
Florida Administrative Code, shall be implemented for effluent land disposal systems
designed to accommodate a loading rate of 2,500 gallons per acre per day.
O. Future land disposal systems for domestic wastewater treatment plant effluent.
1. All future land disposal systems for application of domestic wastewater treatment plant
effluent shall be constructed and permitted in accordance with applicable state law and
regulations, and comply with the state-mandated setbacks and buffers as adopted in the
Florida Administrative Code and as incorporated by reference in section 3.06.10; and must
meet the high level disinfection standards as found in federal requirements.
2. In zone W-1, future land disposal systems for the application of domestic wastewater
treatment plant effluent shall operate pursuant to a certificate to operate incorporating the
following conditions:
a. All applicable sampling requirements of the Florida Administrative Code, pertaining to
monitoring of wastewater effluent.
b. All applicable surface water and groundwater monitoring as required by the DEP
pursuant to the Florida Administrative Code.
c. Reporting of wastewater effluent sampling data and surface water and/or ground-
water monitoring data to the County on a quarterly basis.
d. The wastewater treatment and high level disinfection standards identified in the
Florida Administrative Code, shall be implemented for effluent land disposal systems
designed to accommodate a loading rate of 2,500 gallons per acre per day.
LDC3:68
RESOURCE PROTECTION
3.06.12
P. Future industrial wastewater treatment plants or facilities required to obtain an industrial wastewater
permit.
1. All future industrial wastewater treatment plants shall be constructed and permitted in
accordance with applicable state law and regulations.
2. In zones W-1, W-2, W-3, W-4, and GWP, future industrial wastewater plants and facilities
subject to pretreatment standards or effluent limits for toxic pollutants, as promulgated in
federal requirements, shall be permitted pursuant to a certificate to operate incorporating the
conditions set forth in subsection 3.06.12(P)(3) below.
3. In zones W-1, W-2, W-3, W-4, and GWP, future industrial wastewater plants and facilities
subject to effluent limits for conventional or other pollutants, as promulgated in federal
requirements, shall be permitted pursuant to a certificate to operate incorporating the
following conditions:
a. The owner and/or operator shall establish an industrial pretreatment program in
accordance with the applicable categorical pretreatment standards for the specific
industry as developed by the Industrial Technology Division of the United States
Environmental Protection Agency Office of Water Regulations and Standards.
b. Provision of copies of all current groundwater monitoring reports and influent and/or
effluent sampling data to the County on a quarterly basis.
4. In zone W-1,any discharge from an industrial wastewater treatment plant shall meet the high
level disinfection standards set forth herein .
Q. Existing and future collection and transmission systems.
1. All future and existing domestic and industrial collection and transmission systems shall have
been constructed and permitted in accordance with applicable County, state, and federal law
and regulations, and comply with the state-mandated setbacks and buffers as adopted in
the Florida Administrative Code and incorporated by reference in section 3.06.10 hereof.
2. All existing and future collection and transmission systems located within zone W-1 shall be
inspected by the owner and/or operator at six- (6) month intervals, and any deficiency from
applicable design standards shall be brought into compliance within thirty (30) days of
inspection.
R. Existing and future domestic residual disposal sites.
1. All existing legal nonconforming and future domestic residual disposal sites shall have been
constructed and permitted in accordance with County Ordinance No. 87-79[Code ch. 54, art.
V], as may be amended or superseded, and all applicable state and federal law and
regulations, and comply with the state-mandated setbacks and buffers as adopted in the
Florida Administrative Code and incorporated by reference in section 3.06.10.
2. Existing domestic disposal sites not meeting the criteria for a legal nonconforming use,shall
within one year of the effective date of this section [November 18, 1991], come into
compliance with the standards set forth in this section.
LDC3:69
COLLIER COUNTY LAND DEVELOPMENT CODE
3.06.12 —.
3. In zone W-1, land application of class A domestic residuals shall be permitted in accordance
with the standards of section 3.06.12(R)(5) below.
4. In zone W-1, land application of class B and class C domestic residuals is prohibited in the
absence of a wellfield conditional use permit.
5. In zones W-1, W-2, and W-3, land application of domestic residual shall comply with the
following criteria:
a. Metal concentrations shall not exceed the thresholds set forth in the Florida
Administrative Code.
b. The total rate of domestic residuals applied to land shall not exceed the nitrogen
uptake of the vegetation upon which the residuals are being applied, and shall be
consistent with County Ordinance No. 87-79 [Code ch. 54, art. V], as may be
amended or superseded, and the Florida Administrative Code.
c. If domestic residuals are applied to a site that is receiving reclaimed water, the
nitrogen uptake calculation shall include the combined effect of nitrogen loading from
both domestic residuals and reclaimed water applied to the site, as provided in the
Florida Administrative Code.
d. Land application of domestic residuals is prohibited in the absence of a wellfield
conditional use permit.
6. Minimum frequency of groundwater monitoring criteria is as follows:
Zones Monitoring Reporting Frequency
W-1 Quarterly
W-2 Semiannually
W-3 Semiannually
W-4 Site specific per residual disposal permit conditions
GWP Site specific per residual disposal permit conditions
S. Existing on-site sewage disposal systems.
1. In zones W-1, W-2, W-3, W-4, and GWP, existing on-site sewage disposal systems are not
regulated under this section.
2. Existing on-site sewage disposal systems, as defined in the Florida Administrative Code,
serving existing residential structures located in zones W-1, W-2, W-3, W-4, and GWP, are
not regulated under this section.
3. At such times as any repairs are required to existing nonconforming disposal systems
located within 200 feet of a public water supply well, the disposal system shall be upgraded
to standards as specified for future on-site disposal systems in section 3.06.12(T) hereof, or
shall be relocated outside of a radius of 200 feet from the well.
4. On-site sewage disposal systems requiring a certificate of [to] operate under section
3.06.12(T), and serving existing industrial uses located on zones W-1, W-2, or W-3, shall be
allowed to continue pursuant to a certificate to operate from the County, incorporating the
following conditions:
a. Reporting by the industrial user of all hazardous products stored or used at the
subject location.
LDC3:70
RESOURCE PROTECTION
3.06.12
b. Implementation of a groundwater monitoring system on the site, designed by a
professional engineer or professional geologist licensed in the State of Florida, with
monitoring required on a semiannual schedule for any hazardous wastes that are
used or stored on the industrial site, and reporting of monitoring data to the County.
c. Certification by a registered professional engineer that the on-site sewage disposal
system meets construction and operating standards as contained in the Florida
Administrative Code.
T. Future on-site sewage disposal systems.
1. In zone W-1, future on-site disposal systems requiring a soil absorption or infiltration area
greater than 1,000 square feet shall be constructed to minimum standards contained in the
Florida Administrative Code, as may be amended, and the following criteria:
a. Wastewater shall be distributed onto the infiltration surface by means of an automatic
dosing device (pump or siphon), and a low pressure lateral distribution system shall
be designed as outlined in the U.S. Environmental Protection Agency Design Manual
for On-Site wastewater Treatment and Disposal Systems.
b. The design of the on-site disposal of the on-site system shall be certified by a
registered professional engineer, licensed in the State of Florida, to be capable of
providing a vertical separation of at least twenty-four(24) inches between the bottom
of the stone fill in the drainfield (infiltration surface) and the wet seasonal high water
table when the disposal system is operating at design flow.
U. Existing and future concentrated animal feeding operations, high intensity use areas, dairy farm
storage and treatment facilities, and land application of egg wash wastewater.
1. All existing and future concentrated animal feeding operations, high intensity use areas, dairy
farm storage and treatment facilities, and land application of egg wash wastewater shall be
constructed and permitted in accordance with applicable state and federal law and regula-
tions, and shall comply with the state-mandated setbacks and buffers as adopted in the
Florida Administrative Code and incorporated by reference in section 3.06.10.
2. In the event the DEP requires an industrial wastewater permit for any of the activities
regulated pursuant to the Florida Administrative Code, the development shall comply with
the criteria of section 3.06.12(P).
V. Existing stormwater management systems.All existing stormwater management systems in place and
operational at the time this section becomes effective [November 18, 1991] shall be allowed to
continue operation without any additional regulation under this section.
W. Future stormwater management systems. All future stormwater management systems shall be
constructed and permitted in accordance with applicable state and SFWMD law and regulations, and
shall comply with state or SFWMD mandated setbacks and buffers as adopted in the Florida
Administrative Code, the SFWMD's Basis of Review for Stormwater Management Systems, and as
incorporated by reference in section 3.06.10.
LDC3:71
COLLIER COUNTY LAND DEVELOPMENT CODE
3.06.12 X. Existing wells and subsurface exploration.
1. In zones W-1, W-2, W-3, W-4, and GWP, all existing wells, which may be deemed to be
abandoned within the meaning of the Florida Administrative Code, shall be plugged and
grouted in accordance with those provisions.
2. In zones W-1, W-2, W-3, W-4, and GWP, all permitted wells, temporarily inactive or standby
wells, shall be fitted with a well seal meeting the criteria of the Florida Administrative Code,
or blind flange within six months of the effective date of this section [November 18, 1991].
3. In zones W-1,W-2,W-3,W-4, and GWP,all other unpermitted, inactive wells that do not meet
construction standards specified in sections 90-1-90-8 Code of Laws, shall be plugged and
grouted within one year of the effective date of this section [November 18, 1991].
4. In zones W-1, W-2, W-3, W-4, and GWP, existing monitoring wells, that require a well
construction permit pursuant to the permit procedures set forth in Chapter 10, shall be
secured with a locking cap/seal within six months of the effective date of this section
[November 18, 1991].
5. In zones W-1, W-2, W-3, W-4, and GWP, hazardous waste shall not be disposed of by
injection well, and injection wells, other than water resource related wells, are prohibited.
Y. Future wells and subsurface exploration.
1. In zones W-1,W-2,W-3,W-4,and GWP,all new wells, including without limitation, monitoring,
drinking water, exploration, and irrigation wells, shall be constructed in accordance with -the
standards in the Construction Standards Manual; section 3.06.11 of this section; and the
Florida Administrative Code. In no event shall the inside diameter of such well casing be less
than four (4) inches.
2. In zones W-1, W-2, W-3, W-4, and GWP, hazardous waste may not be disposed of by
injection well, and injection wells, other than water resource related wells, are prohibited.
Z. Existing and future excavations and mining operations.
1. In zones W-1, W-2, W-3, W-4, and GWP, all future and existing excavation and mining
operations shall be in compliance with sections 22-106-22-119 Code of Laws.
2. In zones W-1, W-2, W-3, W-4, and GWP, future excavation and mining operations, and the
continued operation of existing legal nonconforming excavations and mining operations,
shall be allowed pursuant to the owner and/or operator complying with the following
conditions: Implementation of a County-approved stormwater drainage system, incorporating
best management practices for handling vehicle fuel, hydraulic fluids, lubricants, and related
materials,that will divert stormwater runoff from material processing and vehicle maintenance
and storage areas away from mining excavation areas.
AA. Existing and future petroleum exploration and production facilities.
1. In zones W-1 and W-2, future petroleum exploration or production facilities, and expansion of
existing petroleum exploration or production facilities, shall be prohibited.
LDC3:72
RESOURCE PROTECTION
3.06.12 AA.2. 3.07.01 A.
2. In zones W-3 and W-4, the siting of future petroleum exploration and production facilities is
prohibited in the absence of a wellfield conditional use permit.
3. In zone GWP,future petroleum product exploration shall be prohibited from directional drilling
through any potable water aquifer within the vertical projection of the map boundaries of the
wellfield risk management special treatment overlay zones.
(Ord. No. 12-38, § 3.1)
3.06.13 Countywide Groundwater Protection Standards
A. Groundwater classification and criteria. The BCC adopts, by reference, and shall, to the extent
permitted by general law and interpretations of courts of competent jurisdiction, be authorized
concurrently with the DEP to enforce within the County,the requirements of the Florida Administrative
Code with regard to groundwater protection standards, as may be amended on the effective date of
this section [November 18, 1991], including all rules referenced therein.
B. Recharge of aquifers.
1. The BCC finds that the criteria and standards for ensuring recharge to the surficial aquifer
system, as set forth in the SFWMD's Basis of Review for Stormwater Management Systems,
are adequate to address aquifer recharge at this time. This finding does not preclude the
County from developing additional criteria and standards at a future time.
2. In zones W-1, W-2, W-3, W-4, and GWP, all new or substantially modified development, for
which site plan approval is required pursuant to this LDC, shall ensure compliance with all
applicable design criteria for recharge to the surficial aquifer system as set forth in the
SFWMD's Basis of Review for Stormwater Management Systems.
C. Inspections.
1. Reasonable notice.To ensure compliance with the criteria of this section and section 3.06.12,
the County may inspect the premises of a noncertificated but regulated development,
reasonably believed to be a source of potential groundwater contamination, at reasonable
times and after reasonable notice and consent of the owner/operator.
2. Inspection warrants.Where consent has been withheld,the County may apply for and obtain
an inspection warrant in the same manner as provided for in § 403.091, F.S.
3. Identification. Agents of the County shall be provided with official identification, and shall
exhibit this identification prior to any inspection.
4. General prohibitions. Discharges to sinkholes or other karst-related features with a direct
hydrologic connection to the surficial or intermediate aquifer systems shall be prohibited.This
prohibition shall not be interpreted or implemented to preclude aquifer recharge or other well
injection authorized under section 3.06.12(Z).
3.07.00 INTERIM WATERSHED MANAGEMENT REGULATIONS
3.07.01 Applicability
A. New development and redevelopment shall be in compliance with the goals, objectives and policies
of the Conservation and Coastal Management Element (CCME) of the Collier County GMP and with
this LDC until the formal adoption by the County of all land development regulations, ordinances,
.-- policies, and programs which implement the Watershed Management Plans as they are prepared.
Supp. No. 9 LDC3:73
COLLIER COUNTY LAND DEVELOPMENT CODE
3.07.01 B. 3.07.02 C.
B. The following watershed management requirements will remain in force for the applicable region of
the County until superseded by the formal adoption by the County of land development regulations,
ordinances, policies, and programs for each watershed as established by the completion, adoption
and implementation of the individual Watershed Management Plans.
C. The County shall adhere to the limiting discharge rates of each basin as outlined in Ordinance
2001-27, adopted May 22, 2001 which amended the County Water Management Policy and provided
basin delineations where special peak discharge rates have been established.
(Ord. No. 08-10, § 3.B)
3.07.02 Interim Watershed Regulations
A. All new development and redevelopment projects, except public roadway projects as defined in the
Metropolitan Planning Organization (MPO) Long Range Transportation Plan, shall meet 150% of the
water quality volumetric requirements of Section 5.2.1(a) of the Basis of Review for Environmental
Resource Permit Applications within the South Florida Water Management District (February 2006).
The projects shall also comply with the allowable offsite discharge rates required Ordinance 2001-27,
as amended. The 150% water quality volumetric requirement also applies to the County's minimum
requirement of 1 inch under Ordinance 90-10, as amended; thus increasing the County's minimum
requirement to 1.5 inches.
1. The entirety of the required 150% treatment shall occur within the boundaries of the
stormwater treatment system, excluding County required native vegetation preserves, which
are not allowed to be incorporated into the stormwater quality treatment system.
2. For purposes of these interim watershed management regulations, any reconfiguration of, or
addition to, the on-site impervious area that equals or exceeds 50 percent of the existing
on-site impervious area square footage shall be considered redevelopment of the site.
Redevelopment shall also be considered as any changes to,or reconfiguration of,the building
footprint and/or all other on-site impervious area which equals or exceeds 50 percent of the
assessed value of the improvements on the site. In any case, the more restrictive shall apply
in the determination of redevelopment. The 50 percent threshold for impervious area and/or
assessed value of improvements shall be calculated cumulatively over a 5-year period.
B. Loss of storage or conveyance volume resulting from direct impacts to wetlands shall be compen-
sated for by providing an equal amount of storage or conveyance capacity on site and within or
adjacent to the impacted wetland.
C. Floodplain storage compensation calculation shall be provided on a case by case basis, based upon
historical flooding and drainage problem area information, as determined by staff, for developments
within the designated flood zones "A", "AE", and "VE" as depicted on the Flood Insurance Rate Maps
published by the Federal Emergency Management Agency with an effective date of November 17,
2005. Floodplain storage compensation calculations shall be provided on a case by case basis,based
upon historical flooding and drainage problem area information, as determined by staff, for areas
known to be periodically inundated by intense rainfall or sheetflow conditions.
Supp. No. 9 LDC3:74
RESOURCE PROTECTION
3.07.02 C. 3.07.02 E.
Figure 3.07.02 - 1 Areas of special evaluation for watershed system requirements.
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D. All development located within areas identified on Figure 3.07.02- 1 shall be evaluated to determine
impacts to natural wetlands, flowways, or sloughs. For this particular evaluation, natural wetlands,
flowways, or sloughs shall be tentatively identified as contiguous lands having a continual
preponderance of wetland or wet facultative plant species and a ground elevation through the major
portion of the natural wetland, flowway, or slough at least 1 foot lower, on average, than the ground
at the edge of the natural wetland, flowway, or slough.The edge of the natural wetlands, flowways,
or sloughs shall be identified by field determination and based upon vegetation and elevation
differences from the adjacent uplands or transitional wetlands. The County shall require the
applicant to avoid direct impacts to these natural wetlands, flowways, or sloughs or, when not
possible, to ensure any direct impact is minimized and compensated for by providing the same
conveyance capacity lost by the direct impact.
E. All new development and redevelopment projects shall be designed so that surrounding properties
will not be adversely impacted by the project's influence on stormwater sheet flow up to the 25-year,
3-day design storm.
(Ord. No. 08-10, § 3.C)
Supp. No. 11 LDC3:75
COLLIER COUNTY LAND DEVELOPMENT CODE
3.08.00 3.08.00 A.4.
3.08.00 ENVIRONMENTAL DATA REQUIREMENTS
A. Environmental Data Requirements.
1. Purpose. The purpose of this section is to identify the environmental data that is required to
review a proposed project to ensure it meets the land development standards contained
within the LDC.
2. Preparation of Environmental Data. Environmental Data Submittal Requirements shall be
prepared by an individual with academic credentials and experience in the area of environ-
mental sciences or natural resource management. Academic credentials and experience
shall be a bachelor's or higher degree in one of the biological sciences with at least two years
of ecological or biological professional experience in the State of Florida.
3. Procedure. Submittal requirements for all land use applications are identified in this section.
The Administrative Code shall establish the process and additional submittal requirements for
Environmental Data Requirements for PUD Zoning and Conditional Uses.
4. Environmental Data. The following information shall be submitted, where applicable, to
evaluate projects.
a. Wetlands.
i. Identify on a current aerial, the location and acreage of all Collier County/
SFWMD jurisdictional wetlands according to the Florida Land Use Cover
and Forms Classification System(FLUCFCS)and include this information on
the site development plan(SDP)or construction plan and final subdivision
plat(PPL). Wetlands must be verified by the South Florida Water Manage-
ment District (SFWMD) or Florida Department of Environmental Protection
(DEP) prior to SDP or PPL approval. For sites in the RFMU district, provide
an assessment in accordance with LDC section 3.05.07 F and identify on the
FLUCFCS map the location of all high quality wetlands having functionality
scores of at least 0.65 WRAP or 0.7 UMAM and their location within the
proposed development plan. Sites with high quality wetlands must have
their functionality scores verified by the SFWMD or DEP prior to the first
development order approval. Where functionality scores have not been
verified by either the SFWMD or DEP, scores must be reviewed and
accepted by County staff, consistent with State regulation.
ii. SDP or PPL with impacts to 5 or more acres of wetlands shall provide an
analysis of potential water quality impacts of the project by evaluating water
quality loadings expected from the project (post development conditions
considering the proposed land uses and stormwater management controls)
compared with water quality loadings of the project area as it exists in its
pre-development conditions.The analysis shall be performed using method-
ologies approved by Federal and State water quality agencies, and must
demonstrate no increase in nutrients(nitrogen and phosphorous) loadings in
ti the post development scenario.
Supp. No. 11 LDC3:76
RESOURCE PROTECTION
3.08.00 A.4. 3.08.00 A.4.
iii. Where treated stormwater is allowed to be directed into preserves,show how
the criteria in LDC section 3.05.07 H have been met.
iv. Where native vegetation is retained on site, provide a topographic map to a
half foot and,where possible, provide elevations within each of the FLUCFCS
Codes identified on site. For a SDP or PPL, include this information on the
site plans.
b. Listed Species and Bald Eagle Nests and Nest Protection Zones.
Provide a wildlife survey for the nests of bald eagle and for listed species
known to inhabit biological communities similar to those existing on site.The
survey shall be conducted in accordance with the guidelines or recommenda-
tions of the Florida Fish and Wildlife Conservation Commission (FFWCC)
and the U.S. Fish and Wildlife Service (USFWS). Survey times may be
reduced or waived where an initial habitat assessment by the environmental
consultant indicates that the likelihood of listed species occurrence is low, as
determined by the FFWCC and USFWS.Where an initial habitat assessment
by the environmental consultant indicates that the likelihood of listed species
occurrence is low, the survey time may be reduced or waived by the County
Manager or designee, when the project is not reviewed or technical
assistance not provided by the FFWCC and USFWS.Additional survey time
may be required if listed species are discovered.
ii. Provide a survey for listed plants identified in LDC section 3.04.03.
iii. Wildlife habitat management and monitoring plans in accordance with LDC
section 3.04.00 shall be required where listed species are utilizing the site or
where wildlife habitat management and monitoring plans are required by the
FFWCC or USFWS. These plans shall describe how the project directs
incompatible land uses away from listed species and their habitats. Identify
the location of listed species nests, burrows, dens, foraging areas, and the
location of any bald eagle nests or nest protection zones on the native
vegetation aerial with FLUCFCS overlay for the site. Wildlife habitat
management plans shall be included on the SDP or PPL. Bald eagle
management plans are required for sites containing bald eagle nests or nest
protection zones, copies of which shall be included on the SDP or PPL.
c. Native vegetation preservation.
For sites or portions of sites cleared of native vegetation or in agricultural
operation, provide documentation that the parcel(s)were issued a permit to
be cleared and are in compliance with the 25 year rezone limitation pursuant
to LDC section 10.02.06. For sites permitted to be cleared prior to July 2003,
provide documentation that the parcel(s) are in compliance with the 10 year
rezone limitation previously identified in the GMP. Criteria defining native
vegetation and determining the legality, process and criteria for clearing are
found in LDC Chapter 3 and LDC section 10.02.06.
Supp.No.24 LDC3:77
COLLIER COUNTY LAND DEVELOPMENT CODE
3.08.00 A.4. 3.08.00 A.4.
ii. Identify on a current aerial the acreage, location and community types of all
upland and wetland habitats on the project site, according to the Florida
Land Use Cover and Forms Classification System (FLUCFCS), and provide
a legend for each of the FLUCFCS Codes identified. Aerials and overlay
information must be legible at the scale provided. Provide calculations for the
acreage of native vegetation required to be retained on-site. Include the
above referenced calculations and aerials on the SDP or PPL. In a separate
report, demonstrate how the preserve selection criteria pursuant to LDC
section 3.05.07 have been met.Where applicable, include in this report an
aerial showing the project boundaries along with any undeveloped land,
preserves, natural flowways or other natural land features, located on
abutting properties.
iii. Include on a separate site plan, the project boundary and the land use
designations and overlays for the RLSA, RFMU, ST and ACSC-ST districts.
Include this information on the SDP or PPL.
iv. Where off-site preservation of native vegetation is proposed in lieu of
on-site, demonstrate that the criteria in LDC section 3.05.07 have been met
and provide a note on the SDP or PPL indicating the type of donation
(monetary payment or land donation) identified to satisfy the requirement.
Include on the SDP or PPL, a location map(s) and property identification
number(s) of the off-site parcel(s) if off-site donation of land is to occur.
d. General environmental requirements.
Provide the results of any Environmental Assessments and/or Audits of the
property, along with a narrative of the measures needed to remediate if
required by DEP.
ii. Soil and/or groundwater sampling shall be required no later than time of Early
Work Authorization (EWA), SDP, or PPL submittal, whichever is the first to
occur, for sites that occupy farm fields (crop fields, cattle dipping ponds,
chemical mixing areas), golf courses, landfill or junkyards or for sites where
hazardous products exceeding 250 gallons of liquid or 1,000 pounds of solids
were stored or processed or where hazardous wastes in excess of 220
pounds per month or 110 gallons at any point in time were generated or
stored. The amount of sampling and testing shall be determined by a
registered professional with experience in the field of Environmental Site
Assessment and shall at a minimum test for organochlorine pesticides (U.S.
Environmental Protection Agency (EPA) 8081) and Resource Conservation
and Recovery Act(RCRA)8 metals using Florida Department of Environmental
Protection (DEP) soil sampling Standard Operating Procedure (SOP) FS
3000, in areas suspected of being used for mixing and at discharge point of
water management system. Sampling should occur randomly if no points of
contamination are obvious. Include a background soil analysis from an
undeveloped location hydraulically upgradient of the potentially contaminated
site.Soil sampling should occur just below the root zone, about 6 to 12 inches
below ground surface or as otherwise agreed upon with the registered
Supp.No.24 LDC3:78
RESOURCE PROTECTION
3.08.00 A.4. 3.08.00 A.4.
professional with experience in the field of Environmental Site Assessment.
Include in or with the Environmental Site Assessment, the acceptable State
and Federal pollutant levels for the types of contamination found on site and
indicate in the Assessment, when the contaminants are over these levels. If
this analysis has been done as part of an Environmental Audit then the report
shall be submitted. The County shall coordinate with the DEP where
contamination exceeding applicable DEP standards is identified on site or
where an Environmental Audit or Environmental Assessment has been
submitted.
a) Conversion of golf courses have further soil and/or groundwater
sampling requirements. In addition to the sampling requirements
established in LDC section 3.08.00 A.4.d., the applicant shall
conduct soil and/or groundwater sampling for the pollutants as
follows:managed turf,chemical storage/mixing areas,and maintenance
areas (i.e. equipment storage and washing areas, fueling and fuel
storage areas) shall be tested for organophosphate, carbamate,
triazine pesticides,and chlorinated herbicides.In addition,maintenance
areas, as described above, shall be tested for petroleum products.
The County shall notify the Department of Environmental Protection
where contamination exceeding applicable Department of
Environmental Protection standards is identified on site or where an
Environmental Audit or Environmental Assessment has been submit-
ted.
iii. Shoreline development must provide an analysis demonstrating that the
project will remain fully functional for its intended use after a six-inch rise in
sea level.
iv. Provide justification for deviations from environmental LDC provisions pursu-
ant to GMP CCME Policy 6.1.1 (13), if requested.
v. Where applicable, provide evidence of the issuance of all applicable federal
and/or state oil and gas permits for proposed oil and gas activities in Collier
County.Include all state permits that comply with the requirements of Chapter
62C-25 through 62C-30, F.A.C., as those rules existed on January 13, 2005.
e. Other LDC requirements.
Identify any Wellfield Risk Management Special Treatment Overlay Zones
(WRM-ST)within the project area and provide an analysis for how the project
design avoids the most intensive land uses within the most sensitive
WRM-STs and will comply with the WRM-ST pursuant to LDC section
3.06.00. Include the location of the Wellfield Risk Management Special
Treatment Overlay Zones on the SDP or PPL.For land use applications such
as standard and PUD rezones and CUs, provide a separate site plan or
zoning map with the project boundary and Wellfield Risk Management
Special Treatment Overlay Zones identified.
Supp.No.24 LDC3:79
COLLIER COUNTY LAND DEVELOPMENT CODE
3.08.00 A.4. 3.08.00 A.S.
ii. Demonstrate that the design of the proposed stormwater management
system and analysis of water quality and quantity impacts fully incorporate
the requirements of the Watershed Management regulations of LDC section
3.07.00.
iii. For sites located in the Big Cypress Area of Critical State Concern-Special
Treatment overlay district(ACSC-ST), show how the project is consistent with
the development standards and regulations in LDC section 4.02.14.
iv. For multi-slip dock facilities with ten slips or more, and for all marina
facilities, show how the project is consistent with LDC section 5.05.02. Refer
to the Manatee Protection Plan for site specific requirements of the Manatee
Protection Plan not included in LDC section 5.05.02.
v. For development orders within RFMU sending lands,show how the project
is consistent with each of the applicable Objectives and Policies of the
Conservation and Coastal Management Element of the GMP.
f. Additional data. The County Manager or designee may require additional data or
information necessary to evaluate the project's compliance with the LDC and GMP
requirements.
5. Exemptions.
a. The Environmental Data Submittal Requirements exemption shall not apply to any
parcel with a ST or ACSC-ST overlay, unless otherwise exempted by LDC section
4.02.14 I.
b. Single-family detached and two-family housing structure(s) on a lot(s) of record
except as otherwise provided at LDC section 4.02.04 (cluster development), and
townhouses developed on fee simple lots under individual ownership, provided that
a fee simple townhouse plat is approved in accordance with the provisions of LDC
section 10.02.04.B.These exemptions shall not apply to the following:
i. Wetland delineations and permitting.
ii. Retention of native vegetation in accordance with LDC section 3.05.07 C.
iii. Listed species protection in accordance with LDC section 3.04.01.
c. Agricultural uses.Agricultural uses that fall within the scope of sections 163.3214(4)
or 823.14(6), Florida Statutes, provided that the subject property will not be converted
to a nonagricultural use or considered for any type of rezoning petition for a period of
25 years after the agricultural uses commence and provided that the subject property
does not fall within an ACSC or ST zoning overlay.
d. All NBMO Receiving Lands in accordance with 2.03.08 A.2.
e. A conventional rezone with no site plan or proposed development plan. This
exemption does not apply to lands that include any of the following zoning, overlays or
critical habitats: Conservation (CON), Special Treatment (ST), Area of Critical State
Supp.No.24 LDC3:80
RESOURCE PROTECTION
3.08.00 A.S. 3.08.00 A.S.
Concern (ACSC), Natural Resource Protection Areas (NRPA's), Rural Fringe Mixed
Use (RFMU) Sending Lands, Xeric Scrub, Dune and Strand, Hardwood Hammocks,
or any land occupied by listed species or defined by an appropriate State or Federal
agency to be critical foraging habitat for listed species.
f. In those areas of Collier County where oil extraction and related processing is an
allowable use, such use is subject to applicable state and federal oil and gas permits
and Collier County non-environmental site development plan review procedures.
Directional-drilling and/or previously cleared or disturbed areas shall be utilized in
order to minimize impacts to native habitats, where determined to be practicable.This
requirement shall be deemed satisfied upon issuance of a state permit in compliance
with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules
existed on January 13, 2005, regardless of whether the activity occurs within the Big
Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier
County environmental permitting requirements shall be considered satisfied by
evidence of the issuance of all applicable federal and/or state oil and gas permits for
proposed oil and gas activities in Collier County, so long as the state permits comply
with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of
Collier County outside the boundary of the Big Cypress Watershed, the applicant
shall be responsible for convening the Big Cypress Swamp Advisory Committee as
set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through
62C-30, F.A.C. even if outside the defined Big Cypress Watershed.All access roads
to oil and gas uses shall be constructed and protected from unauthorized uses
according to the standards established in Rule 62C-30.005(2)(a)(1) through (12),
F.A.C.
(Ord. No. 13-56, § 3.H; Ord. No. 21-25, § 3.B)
Supp.No.24 LDC3:81