Chapter 54 - Environment L
Chapter 54
ENVIRONMENT*
Article I. In General
Secs. 54-1-54-25. Reserved.
Article II. Collier County Fertilizer and Urban Landscaping
Ordinance
Sec. 54-26. Title and citation.
Sec. 54-27. Findings.
Sec. 54-28. Purpose and intent.
Sec. 54-29. Definitions.
Sec. 54-30. Applicability.
Sec. 54-31. Timing of fertilizer application.
Sec. 54-32. Prohibitions.
Sec. 54-33. Exemptions.
Sec. 54-34. Fertilizer content and application rates.
Sec. 54-35. Application practices.
Sec. 54-36. Training.
Sec. 54-37. Licensing of commercial applicators.
Sec. 54-38. Low maintenance zones.
Sec. 54-39. Penalty for violations.
Secs. 54-40-54-55. Reserved.
Article III. Water Pollution
Division 1. Water Pollution Control Program
Sec. 54-56. Title and citation.
Sec. 54-57. Applicability.
Sec. 54-58. Establishment;purposes and implementation.
Sec. 54-59. Funding and levy of taxes.
Sec. 54-60. Advisory board.
Division 2. Collier County Water Pollution Control and Prevention
Subdivision I. General
Sec. 54-61. Title and citation.
Sec. 54-62. Findings.
Sec. 54-63. Intent.
Sec. 54-64. Applicability.
Sec. 54-65. Definitions.
Sec. 54-66. Acronyms.
Subdivision II. General Pollution Control and Prevention
Sec. 54-67. Prohibitions.
Sec. 54-68. Exemptions.
*Cross references-Buildings and building regulations,ch.22;health and sanitation,ch. 66;natural resources,ch.90;solid
waste,ch. 118;special districts providing for beautification,ch. 122;sewage discharge restrictions and prohibitions,§ 134-271
et seq.
Land development code references-Environmental impact statements, div. 3.8; vegetation removal, protection and
preservation,div. 3.9;sea turtle protection,div. 3.10;environmental advisory board,div. 5.13.
State law references-Environmental control,F.S. ch. 403;local pollution control programs,F.S. §403.182.
Supp. No. 84 CD54:1
COLLIER COUNTY CODE
Sec. 54-69. Requirements to prevent,control,and reduce pollutants by the
use of best management practices.
Subdivision III. Pollution Prevention and Maintenance of Stormwater
Management Systems
Sec. 54-70. All activities.
Sec. 54-71. Prohibitions.
Sec. 54-72. Exemptions.
Sec. 54-73. Proof of compliance with permit.
Subdivision IV Sewage,Septage, Grease,Biosolids,and Transportation of
Those Materials
Sec. 54-74. Prohibitions.
Sec. 54-75. Exemptions.
Sec. 54-76. Transportation license.
Sec. 54-77. Transportation license conditions.
Sec. 54-78. Annual license fee.
Sec. 54-79. Otherwise unpermitted sewage facilities.
Subdivision V. Wastewater Treatment Facilities and Privately Owned Sewage
Collection and Transmission Systems
Sec. 54-80. Wastewater treatment facilities and associated collections/
transmission systems.
Sec. 54-80.1. Private sewage collection and transmission systems.
Subdivision VI. Water Quality Evaluation and Monitoring
Sec. 54-80.2. Water quality monitoring.
Sec. 54-80.3. Monitoring of stormwater discharges.
�•/ Subdivision VII. Water Supply Wells
Sec. 54-80.4. General.
Sec. 54-80.5. Public water supply wells.
Sec. 54-80.6. Private water supply wells.
Subdivision VIII. Right to Enter,Enforcement and Fees
Sec. 54-80.7. Authority to enter and inspect.
Sec. 54-80.8. Remediation.
Sec. 54-80.9. Fees.
Sec. 54-80.10. Compliance with state and federal permits.
Sec. 54-80.11. Penalties.
Article IV. Noise
Sec. 54-81. Title and citation.
Sec. 54-82. Definitions.
Sec. 54-83. Reserved.
Sec. 54-84. Additional remedies.
Sec. 54-85. Findings and purpose.
Sec. 54-86. Applicability.
Sec. 54-87. Exemptions.
Sec. 54-88. Community event permits.
Sec. 54-89. Right to appeal.
Sec. 54-90. Violations;penalties;enforcement.
Sec. 54-91. Prohibitions.
Sec. 54-92. Maximum permissible sound levels.
Sec. 54-93. Noise violations that do not require use of testing equipment.
Sec. 54-94. Use of loudspeakers.
Supp. No. 84 CD54:2
ENVIRONMENT
Secs. 54-95-54-115. Reserved.
Article V. Reserved
Secs. 54-116--54-174. Reserved.
Article VI. Litter,Weed and Exotics Control
Sec. 54-175. Purpose and intent.
Sec. 54-176. Title.
Sec. 54-177. Applicability.
Sec. 54-178. Definitions.
Sec. 54-179. Litter declared to be a public nuisance.
Sec. 54-180. Unlawful to litter.
Sec. 54-181. Unauthorized accumulation of litter.
Sec. 54-182. Dumping or depositing of abandoned property prohibited.
Sec. 54-183. Storage of litter.
Sec. 54-184. Waste materials management.
Sec. 54-185. Declaration of public nuisance.
Sec. 54-186. Exemptions.
Sec. 54-187. Notice of violation.
Sec. 54-188. Assessment for abating nuisance.
Sec. 54-189. Assessment right to hearings on declaration of public nuisance
and assessment.
Sec. 54-190. Enforcement procedures.
Sec. 54-191. Immediate corrective action.
Sec. 54-192. Procedures for and effect of mailed notices.
Sec. 54-193. Procedures for mandatory lot mowing program.
Sec. 54-194. Penalties.
Secs. 54-195-54-225. Reserved.
Article VII. Abandoned Property
Sec. 54-226. Definitions.
Sec. 54-227. Findings,purpose and intent.
Sec. 54-228. Application.
Sec. 54-229. Placement of abandoned property prohibited.
Sec. 54-230. Public nuisance.
Sec. 54-231. Procedure for notification.
Sec. 54-232. Removal of abandoned property.
Sec. 54-233. Immediate removal.
Sec. 54-234. Obstructing enforcement officer.
Sec. 54-235. Trespass authorized.
Sec. 54-236. Adoption of rules, expenditure of funds, declaration of county
purpose.
Sec. 54-237. Authorized contracts.
Secs. 54-238-54-250. Reserved.
Article VIII. Lake Trafford Restoration Task Force
Sec. 54-251. Creation and purpose.
Sec. 54-252. Functions,powers and duties of the task force.
Sec. 54-253. Appointment and composition;terms of office; attendance and
filling vacancies.
Sec. 54-254. Removal from office;failure to attend meetings.
Sec. 54-255. Officers;quorum;rules of procedure.
Sec. 54-256. Review process.
Secs. 54-257-54-270. Reserved.
Supp. No. 84 CD54:3
COLLIER COUNTY CODE
Article IX. Conservation Collier Program
Sec. 54-271. Name.
Sec. 54-272. Objectives.
Sec. 54-273. Findings.
Sec. 54-274. Purpose and intent.
Sec. 54-275. Definitions.
Sec. 54-276. Creation of the Conservation Collier Acquisition Trust Fund.
Sec. 54-277. Creation of the Conservation Covisory llliereManagement Trust Fund.
e.
Sec. 54-278. Land Art eligible1 foon r acquisition and management.
Sec. 54-279.8 roperty
Sec. 54-280. Criteria for evaluating lands for acquisition and management.
Sec. 54-281. Acquisition list.
Sec. 54-282. Nomination of acquisition proposals and candidate sites.
Sec. 54-283. the acdtive acquisition list a proposals
subsequent procedures.
Sec. 54-284. Management plans and use of environmentally sensitive lands.
Sec. 54-285. Responsibilities of the County Manager.
Sec. 54-286. Sunset of the Conservation Collier ad valorem tax.
Secs. 54-287-54-300. Reserved.
Article X. Exceptional Benefits Process
Sec. 54-301. Short title,intent,applicability,authority.
Sec. 54-302. Definitions.
Sec. 54-303. Protection of the Conservation Collier Lands.
Sec. 54-304. Compensation for interests in program lands.
Sec. 54-305. Exemptions.
Secs. 54-306-54-330. Reserved.
Article XI. Preserve Lands
Sec. 54-331. Intent and purpose.
Sec. 54-332. Definitions.
Sec. 54-333. Vehicles and traefic control.
lands.
Sec. 54-334. Conduct on preserve
Sec. 54-335. Activities within preserve lands.
Sec. 54-336. Permits required for activities conducted within preserve boundar-
ies.
Sec. 54-337. Hours of operation.
Sec. 54-338. Enforcement and penalties.
Sec. 54-339. Collection embraced.
Sec. 54-340. Territory
Sec. 54-341. Conflict and severability.
Sec. 54-342. Effective date.
Secs. 54-343-54-365. Reserved.
Article XII. Water Conservation for Landscape Irrigation
Sec. 54-366. Intent and purpose.
Sec. 54-367. Definitions.
Sec. 54-368. Year-round landscape irrigation restrictions. emergency.
Sec. 54-369. Declaration of water shortage or water shortage
Sec. 54-370. Variances.
Sec. 54-371. Application of ordinance.
Sec. 54-372. Enforcement officials.
Sec. 54-373. Penalties.
Secs. 54-374-54-400. Reserved.
CD54:4
Supp. No. 84
ENVIRONMENT §54-29
ARTICLE I. IN GENERAL
springs,lakes, estuaries and other water bodies.
Collectively, these water bodies are an asset
critical to the environmental,recreational,cultural
and economic well-being of Collier County
Secs. 54-1-54-25. Reserved. residents and the health of the public. Overgrowth
ARTICLE II. COLLIER COUNTY of algae and vegetation hinder the ri turvl and
ectiveness
FERTILIZER AND URBAN LANDSCAPING of flood attenuation provided by
ORDINANCE* constructed stormwater conveyances.
Reand
tion of nutrients,including both phosphorus
Sec. 54-26. Title and citation.
nitrogen contained in fertilizer,will help improve
and maintain water and habitat quality.
This Ordinance shall be known and cited as (Ord. No. 2019-18, § 3)
the "Collier County Fertilizer and Urban
Landscaping Ordinance," and is intended to Sec. 54-29. Definitions.
repeal and replace Ordinance No. 2011-2�. The ande terms shall have the meanings
provisions of this Ordinance shall apply set forth in thins section unless the context clearly
be enforced in, the unincorporated areas of Col- indicates otherwise:
Tier County.
(Ord. No. 2019 18, § 1) 'Administrator" means the Collier County
Administrator, or an administrative te official
Cou of
Sec. 54-27. Findings. Collier County designated by
ty
The Board hereby ratifies and reaffirms the Administrator to administer and enforce the
above whereas clauses and incorporates them as
provisions of this Article.
Li
if fully set forth herein as the Board's legislative 'Application" or 'Apply" means the actual
(Ord. No. 2019 18, § 2)dings. physical deposit of fertilizer to turf or landscape
(O plants.
Sec. 54-28. Purpose and intent.
'Applicator" means any Person who applies
lants in
This Ordinance regulates the proper use of fertilizer on turf and/or landscape p
PP
fertilizers by any
applicator; requires proper Collier County.
training of Commercial and Institutional
Fertil-
izer 'Approved Best Management Practices Train-
ingroved
Applicators;establishes trainingram"means a training program approved
i eqmore stringent
requirements; establishes a Prohibited ing rOg 403.9338, or any
Application Period; specifies allowable fertilizer per F.S. §
includes
zonlic application rates and methods, fertilizer-free requirements
current versionhnthis
is Article
Floridathat Depart-
The
zones, low maintenance zones, and exemptions. th
- Friendly Best Management Practices Green
Ordinance requires the use of Best Manage- ment of Environmental Protection's "Florida-
ment manage
for
ment guidelines
ne which provide specificProtection of Water Resources by the Gr en
ment guidelines to minimize negative secondary 2008," as revised, and approved by
and cumulative environmental effects associated the Collier Coustries, ty Administrator.
with the misuse of fertilizers. These secondary 'Best Management Practices" turf and
and cumulative Collier
effects have been observed in practicesm or ractices"means of turf and
and on Collier conveyances,
natural and constructed landscape and expert practices
stormwater conveyances, rivers, creeks, canals, based on research,field-testing,
1-14, adopted determined to be the most effective and practicablec and
*Editor's repealed
the No.former art. §§ 54-26-54-40, on-location means, including
Julyand 9,n cted new rt etout art. II, §§ technological considerations,for improving water
and enacted a new art. II as set herein. The former art.
II was entitled"Florida-Friendly Use of Fertilizer On 1 rb15, quality, conserving water supplies and protect-
an
Landscapes," and derived from Ord. 2011 24,
adopted July 26,2011. ing natural resources.
LI
CD54:5
Supp. No. 84
Le.? 54-29 COLLIER COUNTY CODE
'Board or Governing Board"means the Board schools, parks, religious institutions, utilities,
of County Commissioners of Collier County, industrial or business sites and any residential
properties maintained in condominium and/or
Florida. common ownership.
'Code Enforcement Officer, Official, or Inspec-
tor"
'Landscape Plant"means any native or exotic
tor"means any designated employee or agent of tree, shrub, or groundcover (excluding turf).
Collier County whose duty it is to enforce codes
and ordinances enacted by Collier County.
'Low Maintenance Zone" means an area a
'Commercial Fertilizer Applicator", except as minimum of ten(10) feet wide adjacent to water
provided in F.S. §482.1562(9),means any person
courses which is planted and managed in or er
who applies fertilizer for payment or other to minimize the need for fertilization, watering,
consideration to property not owned by the person mowing, etc.
or firm applying the fertilizer or the employer of
the applicator. 'Person"means any natural person, business,
'Fertilize,"'Fertilizing,"or 'Fertilization"means corporation, limited liability company, partner-
the act of applying fertilizer to turf, specialized ship, limited partnership, association,
o fo
s ciai n,acting
lub,
turf, or landscape plants. organization, and/or any group P P
as an organized entity.
"Fertilizer"means any substance or mixture of Period" means the
substances that contains one or more recognized 'Prohibited Application
plant nutrients and promotes plant growth, or time period during which a Flood Watch or
controls soil acidity or alkalinity, or provides Warning,or a Tropical Storm Watch or Warning,
other soil enrichment, or provides other correc- or a Hurricane Watch or Warning is in effect for
tive measures to the soil. Reclaimed water is not any portion of Collier County, issued by the
considered a fertilizer. National Weather Service, or if there is a 60%
"Green Industries Best Management Practices chance of 2 inches or greater of rain in a 24-hour
(GI-BMPs)" shall be defined as a science-based period.
educational program for Green Industry workers 'Reclaimed Water"shall be defined per Chapter
(lawn-care and landscape maintenance profes-sionals). The GI-BMPs teach environmentally 62-610 F.A.C., as it may be amended from time to safe landscaping practices that help conserve time, as water that has received at least second-
and protect Florida's ground and surface waters. ary treatment and basic disinfection and is
reused after flowing out of a domestic wastewater
'Guaranteed Analysis"means the percentage treatment facility.
of plant nutrients or measures of neutralizing
capability claimed to be present in a fertilizer. Saturated soil" means a soil in which the
voids are filled with water. Saturation does not
"Impervious"shall be defined as a constructed require flow. For the purposes of this ordinance,
surface, such as a sidewalk,road,parking lot, or soils shall be considered saturated if standing
driveway,covered by impenetrable materials such water is present or the pressure of a person
as asphalt, concrete, brick, pavers, stone, or standing on the soil causes the release of free
highly compacted soils. water.
'Institutional Applicator"means any person,
other than a private, non-commercial or a Com-
Slow Release," 'Controlled Release," 'Timed
mercial Applicator (unless such definitions also Release," 'Slowly Available,"or 'Water Insoluble
apply under the circumstances), that applies Nitrogen"means nitrogen in a form which delays
fertilizer for the purpose of maintaining turf its availabl or which extends its availability to
ity for plant uptake and use after
and/or landscape plants. Institutional Applica- application,
tors shall include, but shall not be limited to, the plant longer than a reference rapid or quick
owners, managers or employees of public lands, release product.
CD54:6
Supp. No. 84
V ENVIRONMENT §54-32
'Specialized Turf Managers"shall be defined Sec. 54-31. Timing of fertilizer applica-
as landscape managers of non-agricultural land tion.
planted exclusively for golf course, parks, or
athletic fields. No applicator shall apply fertilizers contain-
ing nitrogen and/or phosphorus to turf and/or
'Turf" 'Sod," or 'Lawn" means a piece of landscape plants during the Prohibited Applica-
grass-covered soil held together by the roots of tion Period, or to saturated soils.
the grass. (Ord. No. 2019-18, § 6)
"Urban landscape" means pervious areas on Sec. 54-32. Prohibitions.
residential,commercial,industrial,institutional,
highway rights-of-way, or other nonagricultural A. Application of phosphorus fertilizer is
lands that are planted with turf or horticultural prohibited unless a soil test conducted within
plants. For the purposes of this section,agriculture the last 12 months indicates a phosphorus
has the same meaning as in F.S. § 570.02. deficiency. Soil test method and limits shall be
those recommended by OF/IFAS;
'Waterbody or Waterbodies"shall be defined as
any visible, standing or open body of water. This B. No applicator shall apply fertilizers contain-
shall include, but not be limited to: ditches, ing nitrogen or phosphorus to turf and/or
swales, canals, creeks, rivers, streams, tidal landscape plants during the Prohibited Applica-
waters, lakes, ponds, ponded water, standing tion Period or to saturated soils;
water, marshes, swamps or any other body of
permanent or temporary standing or visible water C. Fertilizer shall not be applied in a manner
whether or not the waterbody is natural or that will allow it to enter into any waterbody;
man-made or contained by impervious surfaces
on the bottom or sides and all wetlands. D. Fertilizer shall not be applied to impervi-
ous surfaces. If accidently applied, the fertilizer
'Wetlands"shall be defined per Chapter 62-340 must be immediately removed from the impervi-
F.A.C. as it may be amended from time to time, ous surface;
as those areas that are inundated or saturated
by surface water or ground water at a frequency E. Fertilizer shall not be applied within ten
and a duration sufficient to support, and under (10) feet of any waterbody except that newly
normal circumstances do support, a prevalence planted turf and/or landscape plants may be
of vegetation typically adapted for life in saturated fertilized only for a sixty (60) day period begin-
soils. ning 30 days after planting, if needed to allow
(Ord. No. 2019-18, § 4) the plants to become well established;
F. Fertilizer shall not be applied to native
Sec. 54-30. Applicability. vegetated buffers required by Collier County
Land Development Code § 3.05.07.F.3.f.; and
This Ordinance shall be applicable to and
shall regulate any and all applicators of fertilizer G. With the exception of grass clippings from
and areas of application of fertilizer within the mowing grassed swales,grass clippings or vegeta-
unincorporated area of Collier County, unless tive material and vegetative debris shall not be
such applicator is specifically exempted by the washed,swept,or blown onto impervious surfaces,
terms of this Ordinance from the regulatory into waterbodies, wetlands, or any part of the
provisions of this Ordinance. This Ordinance stormwater management system. Any material
shall be prospective only and shall not impair that is accidentally so deposited shall be
any existing contracts. immediately removed.
(Ord. No. 2019-18, § 5) (Ord. No. 2019-18, § 7)
Supp. No. 89 CD54:7
§54-33 COLLIER COUNTY CODE
Sec. 54-33. Exemptions. B. Fertilizer containing nitrogen shall not be
The provisions set forth above in this Ordinance applied before seeding or sodding a site, and
shall not apply to: shall not be applied for the first 30 days after
seeding or sodding, except when hydro-seeding
A. Bona fide farm operations as defined in for temporary or permanent erosion control in an
the Florida Right to Farm Act, F.S. emergency situation (wildfire, etc.), or in
§ 823.14; accordance with the Stormwater Pollution Preven-
B. Other properties not subject to or covered tion Plan for that site;
under the Florida Right to Farm Act that
have pastures used for grazing livestock; C. A Guaranteed Analysis may be required of
C. Any lands used for bona fide scientific alternative fertilizers such as manure or compost
research, including, but not limited to, at the applicators/property owner's expense;
research on the effects of fertilizer use on D. Areas that have reclaimed water must
urban stormwater,water quality,agronom account for the amount of nitrogen and phosphorus
ics, or horticulture; in the reclaimed water when applying 1 n fertilizer.
D. All golf courses provided that manage- All purveyors of reclaimed water that is
ment is done within the provisions of the distributed within unincorporated Collier County
Florida Department of Environmental must make this information available on a
Protection document, "Best Management quarterly basis;
Practices for the Enhancement of
Environmental Quality on Florida Golf E. Nitrogen content in any fertilizer must be
Courses, 2007" (Florida Golf Course at a minimum of 50% slow release; and
BMPs), as updated. Florida Golf Course
BMPs shall be followed when performing F. Rule 5E-1.003, F.A.C. contains provisions
management practices on golf course for golf courses, parks and athletic fields. As
practice and play areas. If Florida Golf such, no additional specific requirements are
Course BMPs are not adhered to, Collier included for these types of urban turf.
County may take enforcement action in (Ord. No. 2019-18, § 9)
accordance with Section 14 of this
Ordinance (§ 54-39). Non-play areas are
not exempt; and Sec. 54-35. Application practices.
E. All Specialized Turf Managers provided A. Fertilizer shall not be applied within 10
that fertilization is based on the provi- feet of any waterbody;
sions of Rule 5E-1.003 F.A.C. and UF/IFAS
Publication #SL 191: Recommendations B. Spreader deflector shields are required
for N, P, K, and Mg for Golf Course and when fertilizing via rotary (broadcast) spread-
Athletic Field Fertilization Based on ers. Deflectors must be positioned such that
Mehlich III Extractant, while maintain- fertilizer granules are deflected away from all
ing the health and function of their impervious surfaces, fertilizer-free zones and
Specialized Turf areas, as updated or waterbodies, including wetlands;
amended.
(Ord. No. 2019-18, § 8) C. Fertilizer shall not be applied, spilled, or
otherwise deposited on any impervious surfaces.
Sec. 54-34. Fertilizer content and applica- Any fertilizer applied,spilled,or deposited,either
tion rates. intentionally or accidentally, on any impervious
A. Fertilizers applied to turf within Collier surface shall be immediately and completely
County shall be applied in accordance with removed and either legally applied to turf or any
requirements and directions provided by Rule other legal site, or returned to the original or
5E-1.003, Florida Administrative Code; other appropriate container; and
ftoriEupp. No. 89 CD54:8
ENVIRONMENT §54-35
D. In no case shall fertilizer be washed,swept,
or blown off impervious surfaces into stormwater
drains, ditches, conveyances, or waterbodies.
(Ord. No. 2019-18, § 10)
Supp. No. 89 CD54:8.1
ENVIRONMENT § 54-58
o Sec. 54-36. Training. mended. Failure to comply with state regula-
A. All commercial and institutional applica-
tors of fertilizer within the unincorporated area applying pesticides in the low maintenance zone
of Collier County shall abide by and successfully is considered a violation of this ordinance.
complete the six-hour training program in the (Ord. No. 2019-18, § 13)
"Florida Friendly Best Management Practices
for Protection of Water Resources by the Green Sec. 54-39. Penalty for violations.
Industries" offered by the Florida Department of Violation of any provision of this Ordinance
Environmental Protection through the University shall be punishable by a fine not exceeding$500.
of Florida Extension"Florida-Friendly Landscap- All violations of this Ordinance may be processed
ingTM" program, or an approved equivalent; and according to the Collier County Consolidated
B. Private, non-commercial applicators are Code Enforcement Ordinance(Ord. No. 2010-04,
exempt from formal training and certificate as amended) and per provisions of F.S. ch. 162,
requirements but are encouraged to follow the pts. I or II, as may be applicable.
recommendations of the University of Florida (Ord. No. 2019-18, § 14)
IFAS Florida Yards and Neighborhoods program
when applying fertilizers. Secs. 54-40-54-55. Reserved.
(Ord. No. 2019-18, § 11)
Sec. 54-37. Licensing of commercial applica- ARTICLE III. WATER POLLUTION*
tors.
A. All commercial applicators of fertilizer DIVISION 1. WATER POLLUTION CONTROL
within the unincorporated area of Collier County PROGRAMt
shall have and carry in their possession at all
times, when applying fertilizer, evidence of Sec. 54-56. Title and citation.
certification by the Florida Department of This division shall be known and may be cited
Agriculture and Consumer Services as a Corn- as the "Collier County Water Pollution Control
mercial Fertilizer Applicator per 5E-14.117(11) Ordinance".
F.A.C. as amended; and (Ord. No. 89-20, § 1)
B. All businesses applying fertilizer to turf
and/or landscape plants(including but not limited Sec. 54-57. Applicability.
to, residential lawns, golf courses, commercial This division shall apply County wide.
properties, and multi-family and condominium
properties)must ensure that at least one employee (Ord. No. 89 § 2)
State law referfer ence—Conflicts between ordinances of
has a Florida-Friendly Best Management noncharted counties and municipal ordinances, Fla. Const.
Practices for Protection of Water Resources by art. VIII,§(f).
the Green Industries training certificate prior to
the business owner obtaining a Local Business Sec. 54-58. Establishment; purposes and
Tax License. Owners for any category of occupa- implementation.
tion which may apply any fertilizer to Turf
and/or Landscape Plants shall provide proof of (a) There is hereby established the County
water pollution control program (hereinafter
completion of the program to the County Tax referred to as the "program").
Collector's Office prior to obtaining their first
business tax license. *Editor's note—With the inclusion of Ord. No. 2019-17,
(Ord. No. 2019-18, § 12) and at the city's request,the title of art. III has been changed
as herein set out and the provisions have been codified as div.
Sec. 54-38. Low maintenance zones. 1,with the new provisions of Ord. No. 2019-17 codified as
div. 2 of this article,as herein set out below.
A voluntary ten-foot, low maintenance zone tNote—When Ord. No. 19-17 was adopted in 2019,Ord.
adjacent to waterbodies is strongly recom- No. 89-20 was specifically retained as a funding source.
Loi
Supp. No. 84 CD54:9
54-58 COLLIER COUNTY CODE
(b) The program is established for the purposes DIVISION 2. COLLIER COUNTY WATER
of: POLLUTION CONTROL AND PREVENTION
(1) Implementing a County-wide pollution
control program to monitor and study Subdivision I. General
the treatment and disposal of sewage.
Sec. 54-61. Title and citation.
(2) Abating the effects that the disposal of
the resulting sewage effluent and solid This Ordinance shall be known as and may be
pollutants has on the water resources of cited as "The Collier County Water Pollution
the County. Control and Prevention Ordinance."
(3) Protecting the ground water, freshwater, (Ord. No. 2019-17, § 1)
surface waters and other nontidal water Sec. 54-62. Findings.
resources from all sources of pollution in
the County. The Board of County Commissioners hereby
makes the following findings:
(c) The Board of County Commissioners shall
take all necessary and desirable actions to imple- A. It is necessary to regulate activities that
ment the purposes of this program. have the potential to create hazards or
(Ord. No. 89-20, § 3) public nuisances, pollute or otherwise
adversely affect the quality of ground
Sec. 54-59. Funding and levy of taxes. water, surface waters, or other natural
resources of Collier County; and those
The monitoring, study, protection and abate- activities are defined herein;
ment program designated pursuant to this divi-
ion shall be provided from taxes levied in both B. The Board recognizes that Collier County
Lthe incorporated and unincorporated areas of the and its residents rely on ground water
County. The levy of one-tenth of a mill which was and surface water for drinking water
approved in the County-wide referenda on supplies and that certain land uses can
November 6, 1984, and March 8, 1988, shall be contaminate ground and surface water;
for the purposes specified in this division. The C. Thirty-three percent of Collier County's
program tax shall be levied and collected at the surface waterbodies currently are veri-
same time and in the same manner as provided fled as impaired by the Florida Depart-
by law for other County taxes. The property ment of Environmental Protection(FDEP);
appraiser and the tax collector of the County are D. Total Maximum Daily Loads have been
specifically authorized and directed to take all assigned by FDEP. The Board recognizes
necessary and desirable action in furtherance of it is in Collier County's best interest to
this section.
(Ord. No. 89-20, § 4) prevent further degradation of our water-
bodies and water supplies;
Sec. 54-60. Advisory board. E. Collier County has a Phase II National
Pollution Discharge Elimination System
The Board of County Commissioners may by Stormwater (MS4) Permit. Collier
ordinance designate an advisory board composed County's MS4 permit and Chapter 62-624
of residents and electors of the County with F.A.C. require a regulatory mechanism
advisory authority in the business affairs of the for the detection and elimination of non-
program and such other duties as may be assigned stormwater discharges;
from time to time by the Board of County
Commissioners. F. Because Private Stormwater Manage-
(Ord. No. 89-20, § 5) ment Systems generally outfall to Collier
Cross reference—Boards,commissions,committees and County's or a municipality's MS4 and
authorities, §2-816 et seq. therefore affect the MS4's water quality,
Supp. No. 84 CD54:10
ENVIRONMENT §54-65
it is in the best interest of Collier County Sec. 54-63. Intent.
to regulate the water quality discharging It is the intent of Collier County to allow for
from those private systems; growth while protecting, preserving, and restor-
e. Collier County is an area that depends ing our ground water, surface waters, and other
on tourist's dollars and the quality of natural resources through monitoring, pollution
Collier County's water and other natural prevention,education, and restoration programs.
resources directly impacts Collier County's (Ord. No. 2019-17, § 1)
economic sustainability and growth;
Sec. 54-64. Applicability.
H. In 1984, in order to establish a pollution The provisions of this Ordinance shall apply
control program,Collier County approved to, and be enforced in, the unincorporated areas
the levy of one-tenth of a mill after a of Collier County. This Ordinance shall apply to,
County-wide referendum, and in 1988 in and be enforced in, any municipalities within
order to protect Collier County's water Collier County that agree by resolution of the
resources from all pollutants,the residents governing body of the municipality to have this
of Collier County approved the Ordinance apply and be enforced in the municipal-
maintenance of the millage of one-tenth ity.
of a mill by County-wide referendum as (Ord. No. 2019-17, § 1)
described in Ordinance No. 89-20;
Sec. 54-65. Definitions.
I. Florida Statutes § 163.3177(6)(d)2.b. For purposes of this Ordinance,the definitions
requires local governments through their contained in this section shall apply unless
Growth Management Plans "to protect otherwise specifically stated. Words used in the
the quality and quantity of current and present tense include the future tense, words in
projected water sources and waters that the plural number include the singular, and
flow into estuarine waters or oceanic words in the singular include the plural. The
waters and protect from activities and words"shall," "will,"or"must"are always manda-
land uses known to affect adversely the tory and not merely discretionary.
quality and quantity of identified water
resources;" Basin Management Action Plan or BMAP
shall be defined per Section 62-40.210 F.A.C., as
J. Florida Statutes § 403.182 allows local it may be amended from time to time, which
governments to adopt Ordinances relat- means the document that sets forth the activi-
ing to local pollution control programs ties, schedule, and funding sources by which
that are "stricter or more extensive than point and nonpoint dischargers will reduce pol-
those imposed by this Act [the Florida lutants discharged to impaired waters and meet
Air and Water Pollution Control Act in the Total Maximum Daily Load established for
F.S. § 403.011 et seq.];" those waters.
K. This ordinance supports goals and objec Best Management Practices or BMPs shall be
tives of the Drainage Sub Element and defined as structural and non-structural schedules
the Natural Ground Water Aquifer of activities, prohibitions of practices, general
Recharge Sub-Element, of the Conserva good housekeeping practices, pollution preven-
tion and Coastal Management Element tion and educational practices, maintenance
of the Collier County Growth Manage- procedures, and other practices to prevent or
ment Plan, the Watershed Management reduce pollution.
Plan, and the Floodplain Management Biosolids shall be defined per Chapter 62-640
Plan. F.A.C., as it may be amended from time to time,
(Ord. No. 2019-17, § 1) which means the solid,semisolid,or liquid residue
Supp. No. 84 CD54:10.1
54-65 COLLIER COUNTY CODE
generated during the treatment of Domestic Collier County Municipal Separate Storm Sewer
Wastewater in a domestic Wastewater Treat- System or CCMS4 shall be defined as the MS4
ment Facility, formerly known as "domestic owned, operated, and maintained by Collier
wastewater residuals"or"residuals."Not included County.
is the treated effluent or reclaimed water from a
domestic Wastewater Treatment Plant. Also not Commercial shall be defined as property
included are solids removed from pump stations devoted in whole or part to commerce, that is,
and lift stations, screenings and grit removed the exchange and buying and selling of commodi-
from the preliminary treatment components of ties or services.
domestic Wastewater Treatment Facilities,other Commercial Sewage Waste shall be defined
solids as defined in subsection 62-640.200(31), per Section 64E-6.002 F.A.C,as it may be amended
F.A.C., and ash generated during the incinera- from time to time, which means non-toxic, non-
tion of biosolids. Biosolids include products and hazardous Wastewater from Commercial facili-
treated material from biosolids treatment facili- ties. Examples of establishments included in
ties and Septage Management Facilities regulated this definition are Commercial and institutional
by the Department. [FDEP]. food operations, Commercial laundry facilities
Biosolids Management Facility shall be defined with no more than 4 machines, and animal
per Chapter 62-640 F.A.C.,as it may be amended holding facilities.
from time to time, which means a Biosolids Construction Activity shall be defined as activi-
Treatment Facility,a Septage Management Facil- ties resulting in land development or redevelop-
ity regulated by the Department [FDEP], or an ment including but not limited to clearing and
application site. grubbing,grading,excavating, and demolition in
Biosolids Treatment Facility shall be defined any zoning district, except lands zoned rural
Ler Chapter 62-640 F.A.C.,as it may be amended agricultural with an agricultural classification
from time to time, which means a facility that from the Property Appraiser pursuant to F.S.
treats Biosolids from other facilities for the § 193.461.
purpose of meeting the requirements of this Discharge shall be defined as any spilling,
chapter,before use or land application. Biosolids leaking, seeping, pouring, pumping, emitting,
treatment facilities can also treat domestic Sep- emptying, or dumping of a Pollutant.
tage and combinations of Biosolids, domestic
Septage, food establishment Sludges, wastes Domestic Wastewater shall be defined per Sec-
removed from portable toilets,and wastes removed tion 62-604.200 F.A.C., as it may be amended
from holding tanks associated with boats,marinas, from time to time, which means Wastewater
and onsite Sewage treatment and disposal derived principally from dwellings,business build-
systems, before use or land application. ings,institutions,and the like,commonly referred
to as sanitary Wastewater or Sewage. When
Closely Regulated Facilities shall be defined Industrial Wastewater is combined with domestic
as those facilities or property regulated by the Wastewater for treatment, determination of
provisions of this Ordinance or any FDEP rule whether the treatment plant is designated as
cited herein. domestic shall be in accordance with the defini-
Collection/Transmission Systems shall be tion of domestic Wastewater provided in Rule
defined per Section 62-604.200 F.A.C., as it may 62-600.200, F.A.C.
be amended from time to time, which means EPA shall be defined as the United States
sewers, pipelines, conduits, pumping stations, Environmental Protection Agency or its succes-
force mains, and all other facilities used for sor.
collection and transmission of wastewater from
individual service connections to facilities intended FDEP shall be defined as the Florida Depart-
for the purpose of providing treatment prior to ment of Environmental Protection or its succes-
release to the environment. sor.
l
V
Supp. No. 84 CD54:10.2
ENVIRONMENT § 54-65
Flow Through Stormwater Management Illicit Discharge shall be defined as substances
Systems shall be defined as the portion of an not composed entirely of Stormwater that may
otherwise publicly owned Stormwater Manage- directly or indirectly enter a Stormwater Manage-
ment System that passes through and serves a ment System or Waters of the State, except as
privately owned area and which the care and exempted in Section 54-68 and Section 54-72.
maintenance of that portion is the responsibility
of a private entity. Impaired Water shall be defined per Section
62-40.210 F.A.C., as it may be amended from
Ground water shall be defined per Section time to time,which means a water body or water
62-40.210 F.A.C., as it may be amended from body segment that does not meet one or more of
time to time,which means the water beneath the its designated uses due in whole or in part to
surface of the ground, whether or not flowing Discharges of Pollutants, and has been listed as
through known and definite channels. impaired by order of the Secretary in accordance
Hazardous Substance shall be defined per F.S. with the procedures set forth in Chapter 62-303,
F.A.C.
§ 403.703, as it may be amended from time to
time,which means any substance that is defined Industrial shall be defined as a business
as a hazardous substance in the United States engaged in industrial production or service, that
Comprehensive Environmental Response, is, a business characterized by manufacturing or
Compensation, and Liability Act of 1980, 94 productive enterprise or a related service busi-
Stat. 2767. ness.
Hazardous Waste shall be defined per F.S. Inspector means an individual designated by
§ 403.703, as it may be amended from time to the Collier County Manager or his/her designee
time,which means solid waste, or a combination to administer and enforce this Ordinance.
of solid wastes, which, because of its quantity,
concentration, or physical, chemical, or infec- Municipal Separate Storm Sewer System or
tious characteristics, may cause, or significantly MS4 shall be defined as a publicly owned storm
contribute to, an increase in mortality or an water management system that consists of convey-
increase in serious irreversible or incapacitating ances including roads with drainage systems,
reversible illness or may pose a substantial detention ponds, retention ponds, catch basins,
present or potential hazard to human health or curbs, gutters, ditches, man-made channels, or
the environment when improperly transported, storm drains designed or used for collecting,
disposed of, stored, treated, or otherwise man storing, treating, and/or conveying Stormwater.
aged. The term does not include human remains National Pollutant Discharge Elimination
that are disposed of by persons licensed under System (NPDES) Stormwater Permit shall be
F.S. ch. 497. defined as a permit issued by EPA(or by a State
Illicit Connection shall be defined as any under authority delegated pursuant to 33 USC
physical connection, actual or potential flow § 1342(b)) that regulates Stormwater.
discharge, or other condition that could allow Nonpoint Source Pollution shall be defined as
non-Stormwater to enter a Stormwater Manage- pollution from any source other than from any
ment System whether on the surface or discernible, confined, and discrete conveyances,
subsurface. Regardless of whether the illicit and shall include, but not be limited to, Pollut-
connection had been previously allowed, permit- ants from agricultural, silvicultural, mining,
ted, or approved by an authorized enforcement construction,subsurface disposal and urban runoff
agency or, any drain or conveyance connected sources such as fertilizer.
from a Commercial or Industrial land use to the
stormwater system which has not been On-site Sewage Treatment and Disposal System
documented in plans,maps,or equivalent records Transportation Permit or OSTDSTP shall be
and approved by an authorized enforcement defined as a permit issued by the State of
agency. Florida,Department of Health that gives approval
Supp. No. 84 CD54:10.3
L54-65 COLLIER COUNTY CODE
to a person to transport liquid waste associated disposal system. Excluded from this definition
with food operations, domestic Wastewater, or are the contents of portable toilets, holding
domestic Septage within the boundaries of the tanks, and grease interceptors.
State of Florida.
Septage Management Facility shall be defined
Person shall be defined as any individual, per Chapter 62-640 F.A.C.,as it may be amended
association,organization,partnership,firm,joint from time to time, which means a stationary
venture, corporation or other entity recognized facility that treats only domestic Septage or
by law and acting as either the owner or as the combinations of domestic Septage,food establish-
owner's agent. ment Sludges, wastes removed from portable
Person Responsible for Site Rehabilitation or toilets, and wastes removed from holding tanks
PRSR shall be defined as the real property associated with boats,marinas,and on site Sewage
owner, the facility owner, the facility operator, treatment and disposal systems, before use or
the discharger, or other person or entity land application.
responsible for site rehabilitation. Sewage shall be defined as Domestic
Pollutant shall be defined as a substance that Wastewater and/or Commercial Sewage Waste.
alters the chemical, physical, biological, thermal
and/or radiological integrity of soil, stormwater, Site Specific Alternative Criteria or SSAC
shall be defined
ground water or Surface Water. Anything which as a water quality criterion
causes or contributes to pollution. Pollutants developed for a particular waterbody or segment
may include, but are not limited to: paints, of a waterbody, designed to more accurately
varnishes, and solvents; oil and other automo reflect site specific conditions, and adopted by
tive fluids;non-hazardous liquid and solid wastes FDEP.
l nd yard wastes;refuse,rubbish, garbage, litter, Sludge shall be defined per F.S. § 403.703, as
�6r other discarded or abandoned objects, it may be amended from time to time, which
ordinances, and accumulations, so that same means includes the accumulated solids,residues,
may cause or contribute to pollution; floatables; and precipitates generated as a result of waste
pesticides, herbicides, nutrients, and fertilizers; treatment or processing, including Wastewater
Hazardous Substances and Wastes; Wastewater, treatment,water supply treatment, or operation
Sewage, Septage, grease, portable toilet, and of an air pollution control facility, and mixed
holding tank wastes, Biosolids, and pathogens; liquids and solids pumped from septic tanks,
sediment;dissolved and particulate metals;animal grease traps, privies, or similar waste disposal
wastes; wastes and residues that result from appurtenances.
constructing a building or structure;and noxious
or offensive matter of any kind. Treated reclaimed Stormwater shall be defined per Section
water is not considered a pollutant. 62-40.210 F.A.C., as it may be amended from
Private Stormwater Management System or time to time,which means the water that results
Private SMS shall be defined as a Stormwater from a rainfall event.
Management System owned by a non-public Stormwater Management shall be defined as
entity or individual. the use of structural or non-structural practices
Residential shall be defined as real property that are designed to reduce Stormwater runoff
that is zoned for residential use including single- pollutant loads, discharge volumes, and/or peak
family, multi-family and mobile home units. flow discharge rates.
Septage shall be defined per Chapter 62-640 Stormwater Management System or SMS shall
F.A.C., as it may be amended from time to time, be defined as either or both of the public or
which means a mixture of Sludge, fatty materi- privately owned systems of conveyances includ-
als,human feces,and Wastewater removed during ing roads with drainage systems,detention ponds,
pumping of an on-site Sewage treatment and retention ponds, catch basins, curbs, gutters,
1/461.01
Supp. No. 84 CD54:10.4
ENVIRONMENT § 54-67
ditches, man-made channels, or storm drains Sec. 54-66. Acronyms.
designed or used for collecting, storing, treating,
and/or conveying Stormwater. BMAP - Basin Management Action Plan
BMPs - Best Management Practices
Surface Water shall be defined per F.S.
§ 373.019, as it may be amended from time to CCMS4 - Collier County Municipal Separate
time, which means water upon the surface of the Storm Sewer System
earth, whether contained in bounds created CCWSD - Collier County Water-Sewer District
naturally or artificially or diffused. Water from
natural springs shall be classified as surface EPA - United States Environmental Protection
water when it exits from the spring onto the Agency
earth's surface.
F.A.C. - Florida Administrative Code
Total Maximum Daily Load or TMDL shall be FDEP - Florida Department of Environmental
defined per F.S. §403.031, as it may be amended Protection
from time to time, which means the sum of the
individual wasteload allocations for point sources F.S. - Florida Statute
and the load allocations for nonpoint sources and
natural background. Prior to determining LDC Land Development Code
individual wasteload allocations and load alloca- MS4 - Municipal Separate Storm Sewer System
tions,the maximum amount of a Pollutant that a
waterbody or water segment can assimilate from NPDES -National Pollutant Discharge Elimina-
all sources without exceeding water quality tion System
standards must first be calculated. OSTDSTP - On-site Sewage Treatment and
Transportation License or TL shall be defined Disposal System Transportation Permit
as a license issued by Collier County that gives PRSR - Person Responsible for Site Rehabilita-
approval to transport Sewage, Septage, grease, tion
or Biosolids within the boundaries of Collier
County. SMS - Stormwater Management System
Transporter shall be defined as a person or SSAC Site Specific Alternative Criteria
business that transports Sewage,Septage,grease, TL - Transportation License
or Biosolids within Collier County. Transporters
include those licensed by Collier County and TMDL - Total Maximum Daily Load
those permitted by the Florida Department of (Ord. No. 2019-17, § 1)
Health.
Subdivision II. General Pollution Control and
Wastewater shall be defined per Section Prevention
62-604.200 F.A.C.,which means the combination
of liquid and water-carried Pollutants from Sec. 54-67. Prohibitions.
residences, Commercial buildings, Industrial
plants,and institutions together with any ground Discharge of Pollutants is prohibited. It shall
water, surface runoff or leachate that may be be unlawful for any Person or local governmental
present. entity to Discharge or cause to be Discharged,
Pollutants into any Surface Water, canal, bay,
Wastewater Treatment Facility shall be defined lagoon, estuary, or other waterway, lake, pond,
as a Type I, Type II or Type III Wastewater drainage ditch, ground water, wetland, onto the
Treatment Facility as described in Section ground,or into a Stormwater Management System
62-600.200 F.A.C. (SMS).
(Ord. No. 2019-17, § 1) (Ord. No. 2019-17, § 1)
Lei
Supp. No. 84 CD54:10.5
54-68 COLLIER COUNTY CODE
Sec. 54-68. Exemptions. Subdivision III. Pollution Prevention and
Maintenance of Stormwater Management
A. Herbicide application in a manner compli- Systems
ant with state law, Best Management Practices
(BMPs), and label instructions.
Sec. 54-70. All activities.
B. Fertilizer application in a manner compli-
ant with local ordinances, BMPs, label instruc- A. Any Discharge into the Collier County
tions, and per FDEP's Green Industries BMPs. Municipal Separate Storm Sewer System shall
meet all applicable local and state water quality
C. The wash down of a motor vehicle accident standards, TMDLs, BMAPs, and SSAC. The
scene or other type of emergency response. County may require more restrictive quality
However,the wastes from the wash down need to standards in certain areas dependent on the
be disposed of properly by the Person Responsible water quality of downstream waterbodies.
for Site Rehabilitation.
B. Every Person owning property with a
D. A sheen resulting from minimal discharge Private SMS or with a Flow Through SMS shall
of fuel or lubricating oil from the accidental maintain the SMS,including structures,as permit-
sinking or foundering of a small vessel, provided ted; and free of debris, excessive vegetation,
the PRSR undertakes or arranges for salvage sediment, obstacles or anything that would pol-
within a reasonable amount of time. lute, contaminate, or significantly retard the
E. Stormwater harvesting for reuse or aquifer flow of water through the Private SMS.
recharge consisting of rainwater, treated Storm- (Ord. No. 2019 17, § 1)
water or reclaimed water.
Sec. 54-71. Prohibitions.
F. Treated wastewater or reclaimed water
applications permitted by FDEP. A. Illicit Connections are prohibited.
G. Grass or plant clippings mulched back into 1. The construction, use, maintenance or
vegetated areas such as a lawn or grass clippings continued existence of Illicit Connections
from swale mowing that are left in a swale. to a SMS shall be prohibited.
(Ord. No. 2019-17, § 1) 2. A Person shall be in violation of this
ordinance if the person or business con-
Sec. 54-69. Requirements to prevent, nects or has connected a line conveying
control, and reduce pollutants any substance,other than rainwater,to a
by the use of best management SMS, or allows such a connection to
practices. continue.
The owner or operator of a governmental, B. Suspension due to Illicit Discharges.
Commercial or Industrial facility/activity or owner
of Residential property shall provide, at their 1. Emergency Situations. Collier County may,
own expense, reasonable protection from without prior notice, order the immedi-
accidental Discharge of Pollutants or other wastes ate termination or suspension of any
into the environment through the use of structural activity if it presents an imminent and
and non-structural BMPs. Further,any owner or substantial danger to health and safety,
operator responsible for a property or premises, the environment or a SMS. If the violator
which is the source of an Illicit Discharge, may fails to comply with a suspension order
be required by Collier County to implement issued in an emergency, the local
additional structural and non-structural BMPs, governmental entity or enforcement
in a reasonable timeframe,to prevent the further agency with jurisdiction as determined
Discharge of Pollutants. by the local governmental entity or
'Ord. No. 2019-17, § 1) enforcement agency may take such steps
Supp. No. 84 CD54:10.6
ENVIRONMENT § 54-74
as deemed necessary to prevent or the responsibility of the discharger to
minimize damage to the environment or prove the Discharge does not contain
to minimize danger to Persons. Pollutants.
(Ord. No. 2019-17, § 1) (Ord. No. 2019-17, § 1)
Sec. 54-72. Exemptions. Sec. 54-73. Proof of compliance with permit.
The following are exempt from this Article: Any Person subject to a NPDES Stormwater
permit shall provide proof of compliance with
1. Discharges specified in writing by a said permit upon request in a form acceptable to
governmental agency with jurisdiction Collier County prior to the allowing of Discharges
as being necessary to protect public health to the MS4 and at anytime thereafter.
and safety such as utility injection wells. (Ord. No. 2019-17, § 1)
2. Dye testing after written notification to Subdivision IV Sewage, Septage, Grease,
the authorized enforcement agency. Biosolids, and Transportation of Those
3. Any non-Stormwater Discharge permit- Materials
ted under a NPDES permit, waiver, or Sec. 54-74. Prohibitions.
waste discharge order issued to the
discharger and administered under the A. It shall be unlawful for any Person to
authority of the EPA, provided that the transport Sewage, Septage, grease, or Biosolids
discharger is in full compliance with all without first having obtained a Transportation
requirements of the permit, waiver, or License (TL) for vehicles and trailers unless
Let order and other applicable laws and exempt under Article IV, Section 2 of this
regulations, and provided that written Ordinance(§54-75). Rental vehicles and trailers
approval has been granted by the EPA used for the purpose of transporting Sewage,
for any Discharge to the SMS. Septage, grease, or Biosolids are required to be
4. The following discharges, provided they licensed.
do not cause a violation of water quality B. It shall be unlawful for any Person to
standards: neutralized potable or accept or process Sewage, Septage, grease, or
reclaimed water line flushing; diverted Biosolids regardless of amount without first
stream flows;rising ground water;ground having obtained permits, and/or applicable
water infiltration to storm drains; development orders, from the state regulatory
uncontaminated pumped ground water; agency and Collier County, or providing proof of
foundation or footing drains (not includ- exemption.
ing active Ground water dewatering
systems); crawl space pumps; air C. Biosolids.
conditioning condensation; springs; non 1. It shall be unlawful to dispose of Biosol-
commercial washing of vehicles or boats ids anywhere other than a facility
using non toxic, non-hazardous, approved by federal, state and local
biodegradable, phosphate free cleaners; regulations.
natural riparian habitat or wetland flows;
neutralized swimming pools or pool 2. It shall be unlawful for any Person to
overflow from properly functioning operate, modify, or expand any Biosolids
systems;uncontaminated roof runoff;fire- Management Facility or Biosolids Treat-
fighting activities; and any other water ment Facility in Collier County without
source not containing Pollutants. After first having obtained a valid permit from
the County reasonably determines there FDEP.
is a Pollutant Discharge violation, it is (Ord. No. 2019-17, § 1)
Supp. No. 84 CD54:10.7
54-75 COLLIER COUNTY CODE
Sec. 54-75. Exemptions. prior to material being hauled, and may
be required to be conducted within the
A. If a Transporter currently possesses a boundaries of Collier County.
valid On-site Sewage Treatment and Disposal
System Transportation Permit(OSTDSTP),then 3. The vehicle or trailer displays the
Collier County waives the TL requirement. The applicant's name, telephone number in
Transporter must furnish a copy of their OSTD- at least three-inch high letters and
STP to Collier County within 10 days of request assigned TL numbers on the driver's
by Collier County. Transportation within Collier side, passenger side, and rear of the
County must cease immediately upon revocation vehicle.
of an OSTDSTP. 4. After the application is deemed complete
B. Transportation vehicles or trailers that are and approved by Collier County, Collier
utilized in a declared state of emergency are County shall issue the license and may
exempted from the TL requirement. However, deliver it to applicant by electronic
vehicles or trailers used during a declared state transmission such as email.
of emergency must be watertight. (Ord. No. 2019-17, § 1)
C. Persons that transport four cubic yards or Sec. 54-77. Transportation license condi-
less per one-way trip of a dewatered Sewage, tions.
Septage, grease, or Biosolids material are
A. The licensee shall be subject to the follow-
exempted from the TL requirement if the mate ing conditions for the duration of the TL:
rial is being hauled to a Class I landfill.
1. All vehicles and trailers used to transport
D. Class AA Biosolids are exempt from Subdivi- Sewage, Septage, grease, or Biosolids
ion IV. shall be maintained so that they remain
(Ord. No. 2019-17, § 1) product tight and do not spill or leak.
The vehicles or trailers shall have a
Sec. 54-76. Transportation license. functional tarp or top.
A. An applicant shall submit an application 2. The licensee's name, TL number, and
for a TL through Collier County. telephone number shall be displayed in
at least three-inch high letters on the
B. A TL may be issued by Collier County after driver's side, passenger side, and rear of
the applicant has demonstrated that all of the the vehicle.
following requirements are met: 3. All licensees will maintain accurate daily
1. Signed application;signed statement from records of the amounts of Sewage, Sep
the owner of a disposal facility indicating tage, grease, and Biosolids transported
willingness to accept Sewage, Septage, on a daily basis and submit these reports
grease, or Biosolids from the applicant; to Collier County. Failure to submit
occupational license and monthly reports monthly reports by the 15th of the follow
from the previous 12 months,if applicable, ing month may result in license revoca
have been received and approved by Col- tion.
her County. 4. The TL shall be valid for 12 months, and
2. Passing a vehicle or trailer inspection requires annual renewal and inspection
conducted by Collier County staff, to in accordance with Section 54-76.
verify compliance with Sections 4.A. 1 5. Any licensee who Discharges Sewage,
and 2 of this Article (subsections 54-77 Septage, grease, or Biosolids anywhere,
A.1, A.2). This inspection shall be except to an approved/exempted facility,
scheduled by the applicant, conducted within the boundaries of Collier County,
Supp. No. 84 CD54:10.8
ENVIRONMENT § 54-80.2
shall immediately report the Discharged Collier County facilities, Pollution Control may
Sewage, Septage, grease, or Biosolids to inspect Wastewater treatment plants and report
Collier County. the findings to the FDEP.
6. Penalties for operating in Collier County (Ord. No. 2019-17, § 1)
without a TL are described in Section
54-80.11. Sec. 54-80.1. Private sewage collection and
transmission systems.
7. The licensee shall give written notice to
Collier County within 5 business days of A. Septic systems are not considered private
any changes to the information submit- Sewage Collection and Transmission Systems.
ted in the application package. B. Private Sewage Collection and Transmis-
8. Failure to meet any of the above condi- sion Systems,including but not limited to lateral
tions shall result in TL revocation for up lines, clean outs, and lift stations, must be
to 12 months. maintained so that backups and sanitary sewer
(Ord. No. 2019-17, § 1) overflows do not occur.
Sec. 54-78. Annual license fee. C. All private lift station wells must be locked
or the entire private lift station must be fenced
There will be no fee associated with the TL. and locked.
(Ord. No. 2019-17, § 1)
D. The owner of private Sewage Collection
Sec. 54-79. Otherwise unpermitted sewage and Transmission Systems must have a
facilities. maintenance agreement with a licensed contrac-
tor that responds twenty-four hours per day,
This section is for those facilities that receive seven days per week, three hundred and sixty-
1 or process Sewage, Septage, grease, portable five days per year.
fie" toilet, and holding tank wastes, and/or Biosolids
that are not required to obtain a permit or have E. The maintenance contractor's name and
been exempted by a state regulatory authority. contact information must be posted on all private
A. Facilities not permitted by a state or lift stations and reported to Collier County Pol-
federal agency must have a pre-treat- lution Control within five business days if the
ment permit if within the Collier County contractor or contact information changes.
Water-Sewer District (CCWSD) and if (Ord. No. 2019-17, § 1)
the facility Discharges to the CCWSD
Collections System. Subdivision VI. Water Quality Evaluation and
Monitoring
B. Collier County shall have the right to
enter these facilities with reasonable Sec. 54-80.2. Water quality monitoring.
notice for the purpose of determining
compliance. A. Ground Water: Collier County will select,
(Ord. No. 2019-17, § 1) evaluate and refine a network of Ground water
monitoring sites. Collier County Pollution Control
Subdivision V. Wastewater Treatment Facilities shall collect ground water samples and evaluate
and Privately Owned Sewage Collection and Ground water data.
Transmission Systems B. Surface Water: Collier County will select,
Sec. 54-80. Wastewater treatment facilities evaluate and refine a monitoring network of
and associated collections/ Surface Water sites that best represent the
transmission systems. ambient conditions within the unincorporated
areas that do not fall under state jurisdiction.
Wastewater treatment plants are permitted Collier County shall collect Surface Water samples
and regulated by FDEP. With the exception of and evaluate Surface Water data.
Supp. No. 84 CD54:10.9
• t 54-80.2 COLLIER COUNTY CODE
%
►►► C. Collier County may perform water quality Ground Water Protection, as amended. Failure
monitoring within any municipality within Col- to comply with LDC Section 3.06.00 shall be a
Her County that agrees by resolution under violation of this ordinance.
Section 54-64, and that agrees to pay Collier (Ord. No. 2019-17, § 1)
County for the cost of monitoring within the
municipality. At its discretion, Collier County Sec. 54-80.6. Private water supply wells.
may perform water quality monitoring on any To protect Residential private wells and those
property for any Person that agrees to pay wells in proximity, Discharges of Pollutants onto
Collier County for the cost of monitoring on said the ground and into Ground water or Surface
property.
(Ord. No. 2019-17, § 1) Waters are prohibited.
(Ord. No. 2019-17, § 1)
Sec. 54-80.3. Monitoring of stormwater
discharges. Subdivision VIII. Right to Enter, Enforcement
and Fees
This section applies to all facilities that have
Stormwater discharges associated with Industrial, Sec. 54-80.7. Authority to enter and inspect.
Commercial, Residential, or Construction Activ-
ity and will become effective if permit require A. Right of inspection. This Section provides
ments are not being met or reasonable BMPs are an adequate substitute for notice by limiting the
not being implemented. place, time and scope of inspections. Inspections
of Closely Regulated Facilities may take place
If a Private SMS discharges to the CCMS4 without prior notice during normal business
that is declared impaired by FDEP or is upstream hours as defined below for the purpose of
f an Impaired Waterbody, or the downstream determining compliance with pollution regula-
raterbody has an adopted TMDL, BMAP, or tions. Inspections of Closely Regulated Facilities
SSAC, the discharger may be required to moni- may take place outside normal business hours;
tor the water at the relevant outfall at the however, access would be granted by the owner
County's discretion to determine if the discharger or by legal authorization.
is meeting the established criteria and not caus- 1. It shall constitute a violation of this
ing any further impairment. Further, the Section to intentionally hamper or
discharger may be required to reduce the Pollut- interfere with an Inspector's official duties.
ant load being Discharged to the greatest extent
possible, from the Private SMS to the CCMS4. 2. Inspectors shall identify themselves as
(Ord. No. 2019-17, § 1) Collier County Inspectors to owners,
operators, or designated representa-
Subdivision VIL Water Supply Wells tive(s) present during the inspection.
3. Inspection reports:Inspectors shall record
Sec. 54-80.4. General. relevant field observations. Upon request,
copies of inspection reports and/or results
Well construction is regulated under Collier of laboratory analyses for samples col-
County Code of Laws and Ordinances, Chapter lected by an Inspector shall be sent to the
90 Natural Resources. Failure to comply with owner or operator.
Chapter 90 Natural Resources shall be a viola-
4. Inspection of Closely Regulated Facili-
tion of this ordinance.
(Ord. No. 2019-17, § 1) ties:
a. Inspectors are authorized to inspect
Sec. 54-80.5. Public water supply wells. Closely Regulated Facilities at any
time between 8:00 a.m. and 5:00
Public water supplies are regulated by Collier p.m., Monday through Friday,
County Land Development Code Section 3.06.00 without prior notice for the purpose
Supp. No. 84 CD54:10.10
ENVIRONMENT §54-80.7
of determining compliance with this B. Compliance testing.
Section and other ordinances,regula-
1. Inspectors shall be authorized to obtain
tions,and permit requirements that sample(s), or conduct test(s), or order
govern pollution. The Inspector may owners or operators to obtain sample(s)
inspect the premises and all devices, or conduct test(s) to determine compli-
contrivances, processes, or opera- ance with this article.
tions relevant to the Discharge of
Pollutants to Surface Water,Ground 2. All compliance testing shall be conducted
water, the ground surface or Storm- in accordance with Chapter 62-160,F.A.C.,
water. which defines quality assurance and qual-
ity control activities.
b. Inspection of Closely Regulated C. Operating records required.
Facilities may be made at times
other than those described in subsec- 1. A Person responsible for the operation of
tion A.4.a of this section, with the any facility that may be a source of
owner's or operator's permission or Discharge of Pollutants, shall conduct
legal authorization. such tests and maintain such records as
prescribed by the County Manager or
c. Inspections shall be made for the his/her designee to give evidence that
purpose of determining compliance any discharges are in compliance with
with this Ordinance, and FDEP or this Ordinance. Such test data and records
Collier County permits and permit shall include the monitoring data avail-
conditions, and consent orders and able unless otherwise specified in writ-
BMPs. The scope of all compliance ing by the County Manager or his/her
inspections shall be limited to these designee. Such test data and operating
purposes. records shall be available at all times for
inspection by the County Manager or
d. Failure to provide access: Failure of his/her designee,and reports that contain
an owner or operator of a Closely these records and data shall be filed with
Regulated Facility to provide the the County Manager or his/her designee
County Manager or his/her designee upon request.
with immediate access to the facil- 2. Copies of all records that are required to
ity shall be a violation of this be maintained at the facility by FDEP
Ordinance. regulation, EPA regulation, or County
ordinance shall be available for inspec-
5. Inspection warrants:At times other than tion at all times.
specified in this Section, and at facilities
and other properties that do not require D. Corrective actions and documentation. Par
permits and are not otherwise closely ties responsible for violations of this Ordinance
regulated, inspection can be made by shall take corrective actions to return the property
consent or by means otherwise available to compliance within the timeframe specified by
by law. If consent is denied, Inspectors the County Manager or his/her designee and
may obtain an inspection warrant pursu provide records documenting actions as directed
ant to Florida Statutes. by the County Manager or his/her designee.
Failure to provide records or documentation
6. Search warrants: Inspectors may contact directed pursuant to this Ordinance is a viola
the appropriate law enforcement person-
neltion of this article.
to obtain a search warrant and may E. Temporary disconnection of water service.
aid the officer, if required pursuant to The County Manager or his/her designee is
Florida Statutes. authorized to order the water purveyor to cease
Loi
Supp. No. 84 CD54:10.11
54-80.7 COLLIER COUNTY CODE
1/41;
water service to a connection where continued Surface Water Quality Standards or in TMDLs,
water service will allow an Illicit Discharge to BMAPs or SSAC, shall be analyzed on a case by
continue unabated by the responsible party or case basis to determine if it is causing a cumula-
party occupying a subject property. This action is tive pollution problem. This determination shall
only authorized to abate a situation that poses a be made by Collier County. If it is determined
risk to public health, safety and welfare as that a cumulative pollution problem exists, the
determined by the County Manager or his/her PRSR shall be required to cease discharging and
designee, such as Sewage, Septage, or septic remediate affected areas.
tank system discharge in areas of public access, E. PRSR failure to clean up and/or prevent
or where the water service is to a Commercial or pollution is a violation of this ordinance. Collier
Industrial business or facility,with the exception County has the right but not the duty to contract
of a medical service facility. The property owner for remediation and bill the PRSR, provided the
or responsible party shall commence or make
arrangements for mitigation, as approved by the County gives the PRSR 3 days prior written
County Manager or his/her designee,of the Illicit notice to commence clean up and the PRSR fails
Discharge within one hour of notification by the to do so.
County Manager or his/her designee. When the (Ord. No. 2019-17, § 1)
Illicit Discharge remains unmitigated,the water
purveyor shall,within one hour of notification by Sec. 54-80.9. Fees.
the County Manager or his/her designee, Any associated fees are in accordance with the
discontinue such water service. Upon notice by Land Development Code, Growth Management
the County Manager or his/her designee, within Department Fee Schedule and the Collier County
a reasonable amount of time,the water purveyor Water-Sewer District's rate resolutions.
shall reinstate water service provided the purveyor (Ord. No. 2019-17, § 1)
'as no cause to withhold service. The water
ustomer shall be responsible for any fees for the Sec. 54-80.10. Compliance with state and
disconnection or resumption of water service federal permits.
charged by the water purveyor.
(Ord. No. 2019-17, § 1) The issuance of a license in accordance with
the provisions of this Ordinance is not intended
Sec. 54-80.8. Remediation. to preclude the right or authority of any other
State or Federal agency from requiring separate
A. Any Discharge of Pollutants must be permits in accordance with rules and regulations
reported by the PRSR to Collier County Pollu- of that agency. In a case where multiple permits
tion Control and, if applicable, to the state are required,the most stringent stipulations and
regulatory agency. requirements of each permit shall govern the
B. Any Discharge of Pollutants must be reme work permitted under this Ordinance.
diated by the PRSR within a reasonable time (Ord. No. 2019 17, § 1)
frame.
Sec. 54-80.11. Penalties.
C. The PRSR shall take action to ensure no
reoccurrence, including but not limited to, If any person, firm or corporation, whether
implementing additional or amending BMPs. public or private, or other entity fails or refuses
to obey or comply with or violates any of the
D. Ongoing or intermittent pollution that provisions of this Ordinance, such person, firm,
causes one-time pollution at a level less than the corporation or other entity, upon conviction of
soil or water cleanup target levels or Surface such offense, shall be guilty of a misdemeanor
Water quality standards set forth in Chapter and shall be punished by a fine not to exceed
62-777 F.A.C. Contaminant Cleanup Target Five Hundred Dollars ($500.00) or by imprison-
Levels; Chapter 62-780 F.A.C. Contaminated ment not to exceed Sixty(60) days in the County
Site Cleanup Criteria;and Chapter 62-302 F.A.C. Jail, or both, in the discretion of the court. Each
Supp. No. 84 CD54:10.12
ENVIRONMENT § 54-82
violation or non-compliance shall be considered a Ambient Noise means the all encompassing
separate and distinct offense. Further, each day noise associated with a given environment,
of continued violation or non-compliance shall be being usually a composite of sound from many
considered as a separate offense. sources near and far.
Nothing herein contained shall prevent or Ambient Sound Level means the A-weighted
restrict the County from taking such other lawful or C-weighted Sound Level of the Ambient
action in any court of competent jurisdiction as is Noise at a given location.
necessary to prevent or remedy any violation or
Amplified Sound means use of a public
non-compliance. Such other lawful actions shall address system,loudspeaker, amplifier or any
include, but shall not be limited to, an equitable other device which electronically or mechani-
action for injunctive relief or an action at law for cally augments the volume of sound. For
damages. Further, nothing in this Section shall purposes of this Ordinance, Amplified Sound
be construed to prohibit the County from prosecut- does not include Background Music.
ing any violation of this Ordinance by means of a
Code Enforcement Board or Special Magistrate ANSI means the American National
established pursuant to the authority of F.S. ch. Standards Institute.
162, and Ordinance No. 2010-4. A-Weighted Sound Level dB(A) means the
All remedies and penalties provided for in this sound pressure level in decibels as measured
Section shall be cumulative and independently on a Sound Level Meter using the A-weighting
available to the County and the County shall be network. The level so read is designated
authorized to pursue any and all remedies set dB(A).
forth in this Section to the full extent allowed by Background Music means any music or
law. other Sound played in a public or private
(Ord. No. 2019-17, § 1) space whose main function is to create an
atmosphere suitable to a specific occasion,
rather than to be listened to. Background
ARTICLE IV. NOISE* Music shall normally generate Sound Levels
no higher than 45 dB(A)at any location on the
Sec. 54-81. Title and citation. property where it is being played.
This article shall be known and may be cited Commercial Zone means any geographic
as the"Collier County Noise Control Ordinance". area designated for commercial or profes-
(Ord. No. 90-17, § 2) sional activities by the zoning authority having
jurisdiction over such area.
Sec. 54-82. Definitions. Community Event means any cultural,sport-
The following words,terms and phrases,when ing, historical or traditional observance,
used in this Ordinance, shall have the meanings holidays and ceremonies,parades and concerts
ascribed to them in this section, except where open to the public, including events operated
the context clearly indicates a different meaning: for profit or for which admission is charged.
Agricultural Zone means any geographic Construction means any site preparation,
area designated for agricultural activities by assembly, erection, substantial repair, altera-
area zoning authority having jurisdiction over tion, or similar action, but excluding demoli-
such area. tion, for or on any public or private right-of-
way, structures, utilities or similar property.
*Cross reference—Offenses involving public peace and Continuous Noise means a noise whose
order, § 94-26 et seq.
State law references—Motor vehicle noise generally, sound pressure level exceeds the Ambient
F.S. §§ 316.272 et seq., 403.415;noise from watercraft, F.S. Sound Level and remains essentially constant
§327.65. in level during the period of observation.
Supp. No. 84 CD54:10.13
\60.054-82 COLLIER COUNTY CODE
County Code Enforcement Department means Hertz (Hz) is the unit of measure of the
the designated authority charged with frequency of sound. One Hertz equals one
administration of this Ordinance and enforce- cycle per second. The audible frequency range
ment in addition to enforcement by the County for normal human hearing is between 20
Sheriffs Office. Hertz and 20,000 Hertz. The higher the
frequency(measured in Hertz),the higher the
C-weighted Sound Level, dB(C) means the pitch of the sound.
sound pressure level in decibels as measured
on a Sound Level Meter using the C-weighting Impulsive Sound means a sound of short
network. The level so read is designated duration, usually less than one second, with
dB(C). an abrupt onset and rapid decay. Examples of
sources of impulsive sound include explosions,
Decibel (dB) means a logarithmic unit of drop forge impacts, and the discharge of
measurement that expresses the magnitude of firearms.
a physical quantity relative to a specified or Industrial Zone means any geographic area
implied reference level. Since it expresses a designated for industrial or manufacturing
ratio of two quantities with the same unit,it is activities by the zoning authority having
a dimensionless unit. In the case of this Noise jurisdiction over such area.
Ordinance,a Decibel means a unit for measur-
ing the amplitude of sound, equal to 20 times Intermittent Noise means a noise whose
the base ten logarithm of the ratio of the sound pressure level exceeds the Ambient
measured sound pressure to the reference Level at either regular or irregular intervals.
pressure,which is 20 microPascals. Generally, Mixed Use Project means a development or
higher decibel levels represent louder sounds. structure characterized by the use or occupancy
ihewi Emergency means an occurrence or set of of any geographic area, determined by refer-
circumstances involving actual or imminent ence to tract boundary, designated for both
physical trauma or property damage or loss, residential and nonresidential purposes by
which demands immediate action. the zoning authority having jurisdiction over
such area.
Emergency Work means any work performed
for the purpose of preventing or alleviating Motor Vehicle means any self-propelled
the physical trauma or property damage vehicle not operated upon rails or guideway,
threatened or caused by an Emergency. but not including any bicycle,motorized scooter,
electric personal assistance mobility device,or
Equipment includes, but is not limited to, moped. Many vehicles are not motor vehicles.
air conditioning unit,heating unit, pump,fan, Multifamily Dwelling means any building
generator, utility facility, and any other or structure containing two or more residences,
substantially similar item, operating in each occupied in whole or in part as the
accordance with its manufacturer's specifica- temporary or permanent residence of one or
tions, large or small, commercial or non- more natural persons.
commercial, whether or not a fixture.
Noise means any sound which annoys or
Equivalent A-weighted or C-weighted Sound disturbs, or which causes or tends to cause an
Level, Leq,A or Leq,C means the constant adverse psychological or physiological effect
Sound Level that in a given situation and time on humans.
period, coveys the same sound energy as the Noise Level means the sound pressure level
actual time varying A-weighted or C-weighted as measured in dB(A) unless otherwise speci-
sound. For the purposes of this Ordinance, a fled.
minimum measurement time period of one
minute shall be used, unless otherwise speci- Person means any individual natural person,
fled. public or private corporation, firm, associa-
Supp. No. 84 CD54:10.14
ENVIRONMENT § 54-82
tion, joint venture, partnership, or any other internal forces. The description of sound may,
entity whatsoever or any combination of such, include any characteristic of such sound includ-
jointly and severally. Person shall include any ing duration, intensity and frequency.
owner, agent, or employee of a business Sound Level means the weighted sound
establishment or other entity. pressure level obtained by the use of a Sound
Property Boundary means the Real Property Level Meter and frequency-weighting network,
Line of any real property. such as A or C, as specified in the latest
revision of the ANSI Standard S1.4,"Specifica-
Pure Tone means any Sound consisting of a tion for Sound Level Meters". If the frequency
single frequency. For the purposes of measure- weighting employed is not indicated, the
ment, a Pure Tone shall exist if the one-third A-weighting shall apply.
octave band sound pressure level in the band Sound Level Meter means an instrument
with the tone exceeds the arithmetic average used for the measurement of sound pressure
of the sound pressure levels of the two contigu- level, A-weighted Sound Level, or C-weighted
ous one-third octave bands by five dB for Sound Level. Any Sound Level Meter used to
center frequencies of 500 Hz and above; by determine compliance with this Ordinance
eight dB for center frequencies between 160 shall meet or exceed the requirements for
and 400 Hz; and by fifteen dB for center Type 2 Sound Level Meter in accordance with
frequencies less than or equal to 125 Hz. the latest revision of ANSI Standard S1.4,
Real Property Line means an imaginary "Specification for Sound Level Meters". To be
line along the ground surface, and its vertical valid, readings from a Sound Level Meter
plane extension, which separates the real shall be properly calibrated prior to each set of
property owned,rented or leased by one person readings per the manufacturer's specifica
from that owned, rented or leased by another tions.
person, excluding intrabuilding real property Sound Pressure means the instantaneous
divisions. difference between the actual pressure and
the average or barometric pressure of a given
Residential Zone means any geographic area point in space, as produced by sound energy.
designated for single or Multifamily Dwelling
by the zoning authority having jurisdiction Sound Pressure Level means 20 times the
over such area. base 10 logarithm of the ratio of the RMS
sound pressure to the reference pressure of 20
Road means the entire width between the microPascals. The sound pressure level is
boundary lines of every way or place of whatever denoted Lp or SPL and is expressed in decibels.
nature when any part thereof is open to public Vehicle, which also includes all motor
use for vehicular traffic, and every private vehicles, means every device in, upon, or by
way or private place over which the Sheriffs which any individual or property is or may be
Office has traffic control jurisdiction under a transported or drawn upon roadway (except-
F.S. § 316.006(3)(b), traffic control assign- ing devices used exclusively upon stationary
ment. rails or tracks), including but not limited to
RMS Sound Pressure means the square automobiles,commercial motor vehicles,trucks,
tandem trailer trucks, trailers, semi-trailers,
root of the time averaged square of the sound buses,motorcycles,tractors,farm labor vehicles,
pressure, denoted Prms. all-terrain vehicles, two-rider all-terrain
Sheriff's Office means the Collier County vehicles,mopeds,go-carts,maxi-cube vehicles,
Sheriffs Office. motorized scooters, motorized bikes, and
bicycles, whether moving or stationary.
Sound means an oscillation in pressure, (Ord. No. 90-17, § 5; Ord. No. 93-77, § 2; Ord.
stress, particle displacement, particle velocity No. 07-61, § 1; Ord. No. 2008-68, § 4)
or other physical parameter,in a medium with Cross reference—Definitions generally,§ 1-2.
L
Supp. No. 84 CD54:10.15
54-83 COLLIER COUNTY CODE
Sise
Sec. 54-83. Reserved. Sec. 54-86. Applicability.
Editor's note—Ord. No. 2008-68,§ 10,adopted Dec. 16, All territory within the legal boundaries of the
2008,renumbered former§54-83,entitled'violations;penal- unincorporated area of the County shall be
ties;enforcement", as§54-90.
embraced by the provisions of this article. Noises
Sec. 54-84. Additional remedies. originating in an area not embraced by the
provisions of this article which emanate into an
(a) In addition to the criminal penalties area embraced shall constitute a violation of this
provided for herein, the Board of County Com- section.
missioners is hereby authorized to institute any (Ord. No. 90-17, § 3)
appropriate action or proceeding, including an
action at law for damages or a suit for injunctive Sec. 54-87. Exemptions.
relief in order to prevent or abate violations of
this article. For the purposes of this article, the The following uses and activities shall be
emission of any sound or the operation or permitted under this Ordinance and are exempt
maintenance of any device, instrument, vehicle from the Sound Level limits set forth in subsec-
or machinery in violation of any provisions of tion 6.B:
this article which endangers the comfort, repose,
health and peace of residents of the County is A. Construction operations for which build-
declared to be a public nuisance. ing permits have been issued,or construc-
tion operations not requiring permits
(b) Nothing in this section shall be construed due to ownership of the project by an
to prohibit the County from prosecuting any agency of government;providing all equip-
violation of this article by means of a code ment is operated in accord with the
enforcement board established pursuant to the manufacturers' specifications and with
uthority of F.S. ch. 162. Nothing herein shall be
all standard equipment, manufacturers'
construed to limit any private right of action. mufflers and noise reducing equipment
(Ord. No. 90-17, § 12) in use and in proper operating condition,
Sec. 54-85. Findings and purpose. and is operated in compliance with subset
tion 6.F hereof.
(a) The Board of County Commissioners finds
and determines that noise level emissions in B. Noises of safety signals,warning devices,
excess of the requirements established in this and emergency pressure relief valves.
article are potentially harmful and injurious to C. Noises resulting from reasonable use of
the public health, safety and welfare, and bells and chimes, such as those from
unreasonably interfere with the enjoyment of churches.
life and property in the County.
D. Noises resulting from any authorized
(b) It is therefore the purpose of this article to emergency vehicle when responding to
eliminate, regulate or restrict sources and occur- an emergency call or acting in time of
rences of amplified sound or noise at decibel Emergency.
levels or frequencies and intensities which are
contrary to the public welfare, constitute a E. Noises resulting from Emergency Work.
nuisance to the public at large and degrade the F. Noises resulting from equipment or opera
quality of life. It is declared that the provisions tions incidental to the emergency repair
and prohibitions hereinafter contained and or restoration of services such as public
enacted are for the purpose of securing and utilities or other Emergency activities in
promoting public health, comfort, convenience, the public interest.
safety and welfare, and the peace and quiet of
the County and the inhabitants therein. G. Any other Noise resulting from activities
(Ord. No. 90-17, § 1; Ord. No. 93-77, § 1; Ord. of a temporary duration permitted by
No. 07-61, § 2) law and for which permission has been
Supp. No. 84 CD54:10.16
Loof ENVIRONMENT § 54-87
granted by the County Manager or O. Noise resulting from regular maintenance
designee in accordance with this testing of standby emergency power
Ordinance. generators, provided that any sound
attenuation provided by the manufacturer
H. Noises made by persons having obtained
is retained, and provided that the noise
a permit to use the streets. occurs between the hours of 9:00 a.m.
I. All Noise coming from the normal opera- and 5:00 p.m.,Monday through Saturday,
tions of aircraft(not including scale model excluding holidays stated in subsection
aircraft), including Noise from mosquito 6.F.2.a hereof. The frequency of
fogging aircraft, and from the normal maintenance testing and the duration of
operations of airports within the County. each test shall be no more frequent and
not longer in duration than thirty (30)
J. Motor vehicles used on public roadways, minutes once a week.
as defined in F.S. §§ 316.293(2)(a), (b)
and (c). P. Authorized School, Park or Playground
Activities. Sounds emanating from any
K. Ordinary noise created by the normal authorized playground or school sporting
operation of railways. event,entertainment event,or authorized
L. Operation of Equipment or conduct of event at a public or private school, park,
activities normal to residential or or playground, provided the sounds
agricultural communities such as lawn therefrom conform to the official
care,soil cultivation,domestic power tools, authorization granted to conduct that
lawn mowers, maintenance of trees, event.
hedges, gardens, refuse collection, Q. Raceway Facilities and Activities at the
agricultural equipment, saws and trac- Immokalee Regional Airport. This
tors, street sweepers, mosquito fogging, Ordinance shall apply to the existing
tree trimming and limb chipping and one-eighth mile drag strip at the Immo-
other normal community operations, kalee Regional Airport and shall continue
between the hours of 7:00 a.m. to 10:00 to apply thereto unless and until differ-
p•m• ent noise levels may be determined by
M. Exception for existing operations. An means of the following permitting
exception to the Sound Level limits processes. This Ordinance does not
contained in Section Six,Table I, shall be establish any Sound Level standards that
permitted where a commercial use or are to apply to any future racing facili-
other non-residential use had in prior ties or activities hereafter located at the
years established its place of business in airport. If additional raceway facilities
an area away from a residential use, and are authorized at that airport,the Sound
through subsequent development or rezon- Level standards that shall apply thereto
ing, now finds itself adjoining a shall be determined by and during the
Residential Zone. In these instances,the permitting processes that authorize such
Sound Level limits in Table I pertaining future facilities and/or activities. The
to the previously existing zoning or use Board shall have final approval author
category shall apply, and the commercial ity of the applicable Sound Levels after
use or other nonresidential use shall not public hearing thereon. Those new Sound
be required to meet those Sound Level Level standards shall then be applied
limits pertaining to residential zoning or equally to the one-eighth mile drag strip.
use. Those new Sound Level standards can
exceed,but shall not be stricter than,the
N. The reasonable use of the unamplified Sound Level limits now specified in this
human voice. Ordinance, and shall be determined by
Supp. No. 84 CD54:10.17
54-87 COLLIER COUNTY CODE
and during the permitting processes that date of denial or revocation by filing with the
authorize such future facilities and/or County Manager written notice specifying the
activities. Such standards shall be grounds thereof. Due public notice of the hearing
described in terms of A-weighted and on the appeal shall be given.
C-weighted Sound Level testing under (Ord. No. 90-17, § 11; Ord. No. 93-77, § 8; Ord.
Table I, and there shall be no time No. 2008-68, § 9)
averaging of any of those sounds. Editor's note—Ord. No. 2008-68, § 8, adopted Dec. 16,
Notwithstanding any other then existing 2008,deleted former§54-89,which pertained to waivers and
enforcement alternatives,those standards, derived from Ord. No. 90-17, § 10;and Ord. No. 93-77, § 7.
Section 9 of Ord. No. 2008-68 renumbered provisions of
once established, shall be enforceable by former§ 54-90 as§ 54-59 as set out herein.
applying this Ordinance.
R. Noise from Swamp Buggy events. Noise Sec. 54-90. Violations; penalties; enforce-
associated with allowable events emanat- ment.
ing from the current location of the Swamp A. Any person violating any of the provisions
Buggy Recreation and Sports Park,includ- of this Ordinance shall, upon adjudication of a
ing but not limited to, motor racing, violation by the Code Enforcement Board,Special
tractor pulls,festivals and music concerts. Magistrate,or court of competent jurisdiction,be
Developers of parcels that adjoin the subject to a fine not exceeding $500.00, as fol-
Swamp Buggy Recreation and Sports lows:
Park, or parcels that would otherwise be
substantially affected by the noise gener-
ated by the Swamp Buggy Recreation
and Sports Park,must provide both actual
and recorded notice to all prospective
residents within such properties of this
exemption, in a form to be approved by
the County.
S. Noise associated with the discharge of
firearms.
(Ord. No. 90-17, § 8; Ord. No. 93-77, § 5; Ord.
No. 00-68, § 3; Ord. No. 07-61, § 3; Ord. No.
2008-68, § 6; Ord. No. 2010-16, § 1; Ord. No.
2011-33, § 1)
Sec. 54-88. Community event permits.
The County Land Development Code contains
the requirement for and process related to Com-
munity Event Permits.
(Ord. No. 90-17, § 9; Ord. No. 93-77, § 6; Ord.
No. 00-68, § 4; Ord. No. 2008-68, § 7)
Sec. 54-89. Right to appeal.
Any person aggrieved by the denial of his
application for a permit, or revocation of an
existing permit, by the County Manager, or
designee, may appeal such denial or revocation
to the Board of County Commissioners. Such
ppeals shall be taken within 30 days from the
Supp. No. 84 CD54:10.18
ENVIRONMENT § 54-131
Permit means written approval by the director Sec. 54.119. Enforcement and penalties.
to operate a sludge disposal facility pursuant to (a) Any person who violates any section of this
the guidelines for same as established by the di article shall be prosecuted and punished as pro-
rector, which shall be as required by part IV, vided by F.S. § 125.69. Each day the violation
chapter 17-7,Florida Administrative Code,as may continues shall constitute a separate offense. The
be amended, except that a permit shall be neces board or any citizen whose interests are adversely
sary for any and all sludge disposal facilities affected may bring suit for damages or to restrain,
within the county. enjoin or otherwise prevent the violation of this
Person means any agency or institution thereof, article in the circuit court of the county.
any municipality,political subdivision,special dis-
trict, public or private corporation, individual, (b) Violation of or failure to comply with any
partnership, association, or other entity, and in- requirement of this article shall be unlawful and
cludes any officer or governing or managing body constitute grounds for denial and/or revocation of
of any municipality, political subdivision, special a transport license or sludge disposal permit.
district, or public or private corporation. (c) The director is vested with the authority to
Processed sludge means any domestic sludge administer and enforce the provisions of this ar-
that has been stabilized, disinfected, dried, and tide and is authorized to take action to ensure
pelletized or granulated. compliance with or prevent violation of the provi-
sion of this article, and shall have authority to
Septage means all solid wastes and wastewater issue administrative stay orders.
removed during the pumping of a septic tank or (Ord. No. 87-79, § 19)
similar sewage disposal system.
Sludge means a solid waste, pollution control Sec. 54-120. Appeals.
residual which is generated by any industrial or Any person who is aggrieved by the action of
domestic wastewater treatment plant,septic tank, the director relative to the issuance of a license or
grease trap, portable toilet or related operation, permit, or any person adversely affected by the
or any other such waste having similar character- issuance of a license or permit may appeal said
istics. Sludge may be a solid, liquid or semisolid action or issuance by appropriate writ to the cir-
waste, and this includes "processed domestic cuit court of the county within 30 days from the
sludge"as defined in Florida Administrative Code date of said issuance or action. Failure to file an
17-7.510,but does not include the treated effluent appeal within the prescribed time limit shall op-
from a wastewater treatment plant. erate as a bar to and waiver of any claim for re-
Sludge disposal facility means land and struc- lief.
tures, other appurtenances,and improvements on (Ord. No. 87-79, § 18)
the land, used for sludge disposal or spreading of
sludge on the land. Sec. 54-121. Implementation of article; rules
and regulations.
Stabilization means the use of a treatment to
render sludge or septage less odorous and putresci The board may adopt by resolution reasonable
ble, and to reduce the pathogenic content as de—
scribed in chapter 6 of EPA 625/1-79-011, Process the provisions of this article.
Design Manual for Sludge Treatment and Dis (Ord. No. 87-79, § 23)
posal. This manual is adopted and made part of
this article by reference. A copy of this document Secs. 54-122-54-130. Reserved.
may be obtained by writing the director, or may DIVISION 2. TRANSPORTATION LICENSE
be inspected at the department office. Sludge that
has not been digested for at least five days shall Sec. 54-131. Prohibitions.
be stabilized prior to disposal.
(Ord. No. 87-79, § 3; Ord. No. 88-100, §§ 1, 2) It shall be unlawful for any person to transport
Cross reference—Definitions generally, § 1-2. sludge without first having obtained a license to
CD54:19
§ 54-131 COLLIER COUNTY CODE
transport sludge from the director unless exempt (2) All vehicles are and will be maintained so
under section 54-132. that they remain product tight.
(Ord. No. 87-79, § 4) (3) All vehicles display the licensee's name, li-
cense number and telephone number in at
Sec. 54-132. Exemptions. least three-inch-high letters and numbers.
(a) Persons that transport three cubic yards or (4) The applicant has not had a license to trans-
less of processed or composted grade 1 or 2 sludge port sludge or septage revoked by the di-
per month are exempt from the requirement of a rector within the previous six months.
license.
(5) A validly permitted sludge disposal facility
(b) Persons who transport only bagged corn- is committed in writing to accept sludge
posted and/or processed sludge are exempt from from the applicant.
the requirement of a license.
(Ord. No. 87-79, § 5) (6) The applicant shall give prior written no-
tice to the director of a change in sludge
Sec. 54-133. Application for license. disposal sites.
(Ord. No. 87-79, § 7)
Application for a sludge transporting license
shall be on the forms supplied by the director. Sec. 54.135. License conditions.
Information required shall include but not be lim- (a) All containers used to transport sludge shall
ited to: be maintained so that they remain product tight
(1) Name, address, 24-hour emergency and and do not spill or leak sludge during transporta-
work telephone numbers of the applicant. tion. The licensee's name, license number, and
telephone number shall be displayed in at least
(2) A description of the transporting vehicle. three-inch-high letters and numbers on both sides
a. Truck,truck trailer,tank truck,or tank of the transportation vehicle.
trailer (make and model numbers). (b) All licensees will maintain records of the
b. Rated hauling capacity of each corn- sludges transported on a daily basis and submit a
partment. summary of sludge transported to the director.
c. Whether or not it has onboard pumps. These records will be due monthly by the 15th of
d. Vehicle's state license plate number. each month for the preceding month's transpor-
(3) A notarized statement from the owner or tation activity and shall include those informa-
operator of a validly permitted sludge dis- tion items listed below:
posal facility that the sludge will be ac- (1) Date;
cepted throughout the duration of the li-
cense. (2) Name and location of the generator (only
for septage sludge);
(4) Proof of a valid county occupational license
for sewer and drain cleaning. (3) Type of sludge(i.e.,sewage sludge,septage,
(Ord. No. 87-79, § 6) grease, portable toilet waste, etc.);
(4) Quantity of sludge pumped;
Sec. 54-134. License issuance.
(5) Disposal site.
A license to transport sludge may be issued by (Ord. No. 87-79, § 8)
the director after the potential licensee demon-
strates that all of the following requirements will Sec. 54-136. Annual fee.
be met at the time of license issuance: All sludge transportation license applications
(1) The applicant holds a valid county occupa- and annual renewals shall be charged a fee. The
tional license for sewer and drain cleaning. board of county commissioners shall establish,and
CD54:20
ENVIRONMENT §54-149
adopt,by resolution, a schedule of fees for sludge (b) Application for disposal of grade 3 sludge
transportation licenses. The schedule of fees and must be accompanied by written approval from a
the resolution establishing such fees shall be on department of environmental regulation permit-
file with the clerk to the board. The schedule of ted solid waste disposal facility.
fees may be changed by resolution of the board of
county commissioners. (c) A map or aerial photograph having a scale
(Ord. No. 87-79, § 9; Ord. No. 88 100, § 3) of at least one inch equals 600 feet of the proposed
sludge disposal facility shall be provided with the
permit application.A scaled drawing may also be
Secs. 54-137-54-145. Reserved. required if the maps do not provide sufficient
detail. Other site-specific information may be
DIVISION 3. DISPOSAL PERMIT requested.
(d) A notarized statement from the owner of
Sec. 54-146. Prohibitions. the property stating approval for proposed activ-
(a) It shall be unlawful for any person to ities for the duration of the permit shall be
construct, operate, modify or expand any sludge submitted with the application.
disposal facility in the county without first having (Ord. No. 87-79, § 12)
obtained a valid permit from the director unless Sec. 54-149. Conditions.
exempt under section 54-147.
It shall be unlawful for any person to (a) Land disposal criteria. Sludge disposal fa-
(b) cility requirements will be the same as those in
dispose sludge in any collection system or sewage Florida Administrative Code 17-7.500 through
treatment plant without prior written authoriza- 17-7.580 as may be amended.
tion from the owner of the sewage treatment
plant. (b) Reporting requirements. All permittees in-
cluding applicators of processed domestic sludges
(c) It shall be unlawful to mix different types of which may be exempt from recording require-
sludges (i.e., septage, grease trap residue, or ments of Florida Administrative Code 17-7.570
portable toilet wastes) for disposal at the county shall supply daily records to the director. These
"A" wastewater treatment plant. records will be due monthly by the 15th of each
(d) It shall be unlawful to dispose of sludges month for the preceding month's disposal activity
from generators outside of unincorporated the on forms supplied by the director, and include
county at the county "A" wastewater treatment those information items listed below:
plant. (1) Date of each sludge application;
(Ord. No. 87-79, § 10) (2) Amount of sludge applied;
Sec. 54-147. Exemptions. (3) Source of sludge;
Persons who dispose of three cubic yards or less (4) How the sludge was stabilized;
of composted or processed grade 1 or 2 sludge per (5) Weather conditions on the date of appli-
month per label directions are exempt from the cation;
requirement of a permit. Total disposal shall be (6) Specific area of application;
limited to six dry tons per acre per year.
(Ord. No. 87-79, § 11) (7) Depth of water table;
(8) Vegetation status at application site if
Sec. 54-148. Application. different from permit application.
(a) Application for a sludge disposal facility (c) Other conditions. Other site-specific condi-
permit shall be made on forms provided by the tions may be placed on the permit by the director
director. which may include soil, surface water and/or
Supp.No.25 CD54:21
§54-149 COLLIER COUNTY CODE
groundwater analysis. Monitoring wells may also Sec. 54-152. Modification and renewal.
be required to determine compliance with Florida
Administrative Code 17-3. (a) Modification. The disposal of a sludge from
(Ord. No. 87-79, § 13) a generator not listed in the permit application
will require a permit modification.
Sec. 54-150. Issuance.
(a) Permit holder. A permit required by this (b) Request by permittee. The permittee shall
division shall be issued for a sludge disposal submit a request for permit modification on forms
facility owned and/or operated to a person. supplied by the director and provide any addi-
(b) Issuance, denial. The director will in writ- tional information requested by the director.
ing issue or deny the permit within 30 days of
receipt of all required information. (c) Renewal. Permits will be effective for one
(c) Approval. A permit shall be issued to the year from the date of issuance and must be
applicant only if: renewed. Application for renewal shall be made
on forms provided by the director.
(1) The applicant provides the director with (Ord. No. 87-79, § 16)
reasonable assurance based on plans and
other information that the construction
expansion, modification or operation of Sec. 54-153. Annual fee.
the sludge disposal facility will conform to
the requirements placed on sludge dis All sludge disposal permit applications and
posal facilities in Florida Administrative annual renewals shall be charged a fee.The board
Code 17-7.540 through 17-7.580 and this of county commissioners shall establish,and adopt,
division; by resolution, a schedule of fees for sludge dis-
(2) The sludge disposal facility does not con- posal permits. The schedule of fees and the reso-
flict with this division,the comprehensive lution establishing such fees shall be on file with
land use plan or land use regulations the clerk to the board.The schedule of fees may be
adopted pursuant thereto,nor does it con- changed by resolution of the board of county
flict with existing zoning regulations. commissioners.
(d) Denial. If after review of the application (Ord. No. 87 79, § 17; Ord. No. 88 100, § 4)
and all the information the director determines
that the construction, modification, expansion or Sec. 54-154. Compliance with state and fed-
operation of the proposed sludge disposal facility eral permits.
will not be in accord with this division, the com-
prehensive land use plan or land use regulations
adopted pursuant thereto, or existing zoning reg- The issuance of a permit in accordance with the
ulations, or requirements in Florida Administra- provisions of this division is not intended to
tive Code 17-7,the director shall deny the permit. preclude the right or authority of any other state
(Ord. No. 87-79, § 14) or federal agency from requiring separate permits
in accordance with rules and regulations of that
Sec. 54-151. Inspection requirements. agency. In a case where multiple permits are
required, the most stringent stipulations and re-
As a condition for issuance of a permit, the quirements of each permit shall govern the work
director or his designee shall have the right to permitted under this division.
enter the sludge disposal facility upon reasonable (Ord. No. 87-79, § 21)
notice for the purpose of determining compliance
with this division, and permit conditions and
Florida Administrative Code rules.
(Ord. No. 87-79, § 15) Secs. 54-155-54-174. Reserved.
Supp.No. 25 CD54:22
��. ENVIRONMENT §54-178
ARTICLE VI. LITTER, WEED AND having little, if any, value other than nominal
EXOTICS CONTROL* salvage value, which has been left unattended
and unprotected from the elements, which shall
Sec. 54-175. Purpose and intent. include, but not be limited to, motor vehicles,
trailers, boats, machinery, appliances such as
This Ordinance is hereby considered to be refrigerators and washing machines, plumbing
remedial and shall be construed and interpreted fixtures, furniture and any other similar articles.
to secure the public safety, health and general
welfare through clean and sanitary property,free Abate.To mow a Mowable Lot to a height of less
from wind-blown debris and materials. than six(6)inches, or to remove Exotic Plants to
(1) The accumulation of Litter and Aban- a height of equal to surrounding natural elevation
doned Property on public and private prop- and to poison any stumps, if remaining, with an
erty constitutes a hazard and is detrimen- EPA approved herbicide containing a visual tracer
tal to the health,safety and welfare of the dye; or to remove Litter; or to remove Abandoned
citizens of Collier County. Property,in accordance with this Ordinance.Mulch-
ing of Exotic Plants is allowed as long as the
(2) The accumulation of weeds, grass or Ex- mulching occurs in an Enclosed Container and is
otics or similar growth on, or in close removed from the site.
proximity to, residentially, commercially,
or industrially-zoned land is detrimental Compost pile. A pile, mound of heap (whether
to the health, safety and welfare of the on the ground or in a container or structure)
citizens of Collier County. consisting solely of on-site organic materials that
(Ord. No. 09-08, § 1) are intentionally collected to create a compost
material for gardening purposes. Composting is
Sec. 54-176. Title. permitted on any residential or estates property
This article shall be known and may be cited as and is specifically excluded from this ordinance
the "Collier County Litter, Weed and Exotics provided that: (1) the compost site is located in
Control Ordinance". the rear yard and is at least 10 feet from any
(Ord. No. 2005-44, § 2) property line;(2) all generated compost is for use
on-site; (3) no materials are generated off-site;
Sec. 54-177. Applicability. and (4) that the composting activities be con-
ducted in such a manner as to not create a foul
This article shall apply to, and be enforced in, odor,attract vermin,or otherwise creates a public
all unincorporated areas of Collier County. nuisance.
(Ord. No. 2005-44, § 3)
Construction and demolition debris. Discarded
Sec. 54-178. Definitions. materials generally considered to be not water
soluble and nonhazardous in nature, including
When used in this Ordinance, the following but not limited to; steel, glass, brick, concrete,
words, phrases or terms shall have the following asphalt material, pipe, gypsum wallboard and
meanings, unless the content clearly indicates lumber, from the construction or destruction of a
otherwise: structure as part of a construction or demolition
Abandoned property. Any wrecked, inopera project or from the renovation of a structure,
tive, derelict or partially dismantled property including such debris from construction of struc-
tures at a site remote from the construction or
*Editor's note—Ord. No. 2005-44, §§ 2-20, adopted demolition project site. The term includes rocks,
Sept. 13, 2005, amended art. VI in its entirety to read as soils, tree remains, trees and other vegetative
herein set out. Formerly, said article pertained to similar matter which normally results from land clearing
subject matter.See the Code Comparative Table for a detailed
analysis of inclusion. or land development operations for a construction
Cross references—Litter control,§ 118-56 et seq.;vege- project; clean cardboard, paper, plastic,wood and
tation,ch. 138. metal scraps from a construction project;effective
Supp.No.58 CD54:23
§54-178 COLLIER COUNTY CODE
Skew
January 1, 1997, except as provided in F.S. rebar and/or other metals, and capable of serving
§403.707(12)(j),unpainted,nontreated wood scraps as fill material without harm to, or pollution of,
from facilities manufacturing materials used for ground or surface waters.
construction of structures or their components
and unpainted, nontreated wood pallets provided Litter. Any discarded, used, or unconsumed
the wood scraps and pallets are separated from substances or wastes. Litter shall include, but
other solid waste where generated and the gener- shall not be limited to, garbage, trash, refuse,
ator of such wood scraps or pallets implements debris, paper product(including newspapers and
reasonable practices of the generating industry to magazines),glass,metal,plastic or other contain-
minimize the commingling of wood scraps or ers, cloth, wood and wood products, sweepings,
pallets with other solid waste; and de minimis liquids(other than uncontaminated water),sludge,
amounts of other nonhazardous wastes that are grass clippings, tree limbs, trunks and roots,
generated at construction or demolition projects, undergrowth and materials produced by clearing
provided such amounts are consistent with best and grubbing and other horticulture wastes, mo-
management practices of the construction and tor vehicle parts and tires,furniture,oil or grease,
demolition industries.Mixing of construction and hazardous wastes(including gasoline,paint thin-
demolition debris with other types of solid waste ners and other similar types), the carcass of a
will cause it to be classified as other than con- dead animal,any obnoxious or offensive matter of
struction and demolition debris. any kind,any object likely to injure any person or
create a traffic or pedestrian hazard,or any other
Exotics or exotics plants. Australian pine condition of any unsightly nature, which may
(Casuarina, all species), Melaleuca (all species), have been discarded, abandoned or otherwise
Brazilian pepper(Schinus terebinthifolius),downy disposed of improperly. Litter shall not include
rose myrtle (Rhodomyrtus tomentosus) earleaf horticultural wastes, such as palm fronds, that
acacia (Acacia auriculiformis), Java plum have accumulated on public or private property as
(Syzygium cumini),Woman's tongue(Albizia leb- the result of natural conditions. Natural condi-
beck), catclaw mimose (Mimosa pigra), and any tions means accumulation that occurs as a result
prohibited exotic species that may be added to of an increase by natural growth rather than
County Ordinance No. 04-41, as amended, (Sec- manmade.
tion 3.05.08, Collier County Land Development
Code). Mowable lot.
Enclosed container. Any container having a
physical structure which prevents materials from (1) Any portion, piece, division, or parcel of
falling out,spilling,blowing out by wind action,or land in any Recorded or Unrecorded Sub
coming out by other accidental means during division of this County, of which fifty
transport or on-site storage, and shall include, percent(50%)or more of unimproved prop-
but not be limited to, garbage cans, truck bodies erty, can be mowed with bushhog-type or
capable of being enclosed for transit purposes smaller mowing equipment,without dam-
only, rolloff containers, and any other container age to the lot or equipment. For purposes
sufficient to prevent the accidental scattering or of determining lot size, rights-of-way, al-
leaking of said materials on surrounding proper- leys, and all easements shall be included
ties and on public roads.A dumpster enclosure is in the calculation of the Mowable Lot; or
not an enclosed container. (2) Any portion of Improved Property, which
Improved property. Real property that contains can be mowed with bushhog-type, or
buildings, streets (or paved areas)or other struc smaller,mowing equipment without dam-
tural improvements. age to the lot or equipment.
Inert waste materials. Brick, block, concrete, Prohibited accumulation of exotics. Any accu-
rock,stone,earth and sand,free from contamina- mulation of Exotics,which is located on improved
tion or other types of waste,free from protruding or unimproved property.
Supp.No.58 CD54:24
ENVIRONMENT §54-180
Recorded subdivision. Land subdivided into lation, or container to remain adjacent to the
three(3)or more lots,parcels, sites,units,or any public right-of-way after 6:00 (6) p.m. of the
other division of land for which a plat has been day of the scheduled pickup.
filed with Clerk of Courts of Collier County.
Unlawful accumulation of weeds,grass or sim-
Receptacle. A container made of material that ilar nonprotected overgrowth. Any accumulation
will protect the property and environment from of weeds, grass or similar nonprotected over-
leakage,spillage and overflow of any type of litter, growth if any part of such accumulation is in
waste or debris. A dumpster enclosure is not a excess of eighteen (18) inches in height and lo-
receptacle. cated on a Mowable Lot, in any Recorded or
Unrecorded subdivision of Collier County.
Storage of litter. The interim containment of
Litter in a manner approved by the Board of Unrecorded subdivision. Any land which for
County Commissioners, after generation of such the purpose of sale or transfer has been subdi-
Litter and prior to proper and final disposal. vided for the purpose of sale or transfer, prior to
the enactment of Ordinance No.76-6,as amended,
Unauthorized accumulation of litter. The accu- or any other division of land for which a plat has
mulation of litter in or upon any public or private not been filed with the Clerk of Courts of Collier
property or body of water, which is not contained County.
within proper containers or receptacles provided
for control of Litter,or is not otherwise permitted Written corrective notice. A written statement
or authorized, by any other Collier County Ordi- issued to the violator or his/her agent identifying
nance.This term shall not include building mate- and which states the violation, date of the viola-
rials used in construction or repair of a building tion, location of the violation, the corrective mea-
or structure which materials are properly stored sures required to be taken,and the date by which
at the site of such activity, so long as: the corrective measures are to be completed.
(Ord. No. 2005-44, § 4; Ord. No. 09-08, § 4; Ord.
(1) The subject building is being constructed, No. 2015-12, § 1)
remodeled,repaired,or demolished under
the authority of an active, valid Collier Sec. 54-179. Litter declared to be a public
County building permit and for which the
nuisance.
materials are to be used; and
(2) The building materials are secured dur- The Unauthorized Accumulation of Litter or
ing construction,remodel,repair,or build- Improper Storage of Litter or improper dumping
ing demolition, to prevent the material of Abandoned Property or Litter as described in
from falling out, spilling, blowing out by this Ordinance,in or upon public or private prop-
wind action, or coming out by other acci- erty, is hereby declared to be a public nuisance.
dental means so that it trespasses on (Ord. No. 2005-44, § 5; Ord. No. 09-08, § 5)
adjacent properties, or creates a negative
visual impact to surrounding properties. Sec. 54-180. Unlawful to litter.
Unauthorized accumulation of Litter shall also It shall be unlawful for any person to throw,
include,but not be limited to,the accumulation discard, place, drop, or deposit litter in any man-
or storage of Litter or containerized Litter or ner or amount in or upon any public property,
Abandoned Property adjacent to public right- private property, highway, street, right-of-way or
of-way if such materials are placed upon a body of water within the unincorporated areas of
right-of-way earlier than 6:00 (6) p.m. of the Collier County, Florida, except in such areas and
night prior to the regularly scheduled pickup enclosed containers specifically provided and ap-
for that location by the County solid waste propriately designated for the disposal of litter.In
collection contractor, or allowing said accumu- any case where litter is ejected or discarded from
l Supp.No.58 CD54:25
§54-180 COLLIER COUNTY CODE
a motor vehicle,except at approved and permitted ber required to maintain clean,neat,and sanitary
disposal sites, the operator of the motor vehicle premises. Spillage and overflow around contain-
shall be deemed in violation of this article. ers regardless of whether located within an enclo-
(Ord. No. 2005-44, § 6) sure,will constitute an unlawful accumulation of
litter and must be immediately cleaned up as it
Sec. 54-181. Unauthorized accumulation of occurs.
litter. (b) All loading and unloading zones at commer-
Any unauthorized accumulation of litter in or cial establishments shall be provided with litter
upon any property, vacant or improved, or on or receptacles by the owner of the business to store
upon any public street, alley or other public or litter.
private place is a violation of this article. Any (c) Each person owning or operating any estab-
property owner, tenant, occupant, agent, man- lishment open to the public shall provide recepta-
ager, or other person who owns, maintains, or des adequate to contain litter generated from
controls private property, whether improved or such establishment.
unimproved,is hereby declared to be in violation (d) Anyand
of this article where any such unauthorized accu every person in possession, or in
mulation of litter is maintained or is allowed to charge or in control of any place,public or private
remain on such property. where litter is accumulated or generated, at all
(Ord. No. 2005-44, § 7) times shall provide and maintain adequate and
suitable receptacles and/or containers capable of
holding such materials,until proper final disposal
Sec. 54-182. Dumping or depositing of aban- is accomplished.
doned property prohibited.
(e) All construction and demolition contrac-
It shall be unlawful for any person to engage in tors, whether owners or agents, shall provide
or permit the dumping,storing,placing,or depos- on-site receptacles for litter sufficient to prevent
iting of abandoned property on any public or wind-driven scattering of such materials if the
private real property, street, or highway. How- materials are otherwise not properly disposed of
ever, abandoned property kept in a completely on a daily basis. Receptacles placed or erected on
enclosed building or a business enterprise,which construction sites are limited to the deposit of
is lawfully licensed and zoned for receipt and construction and demolition debris. Food, drink
storage of abandoned property, shall be an excep- and food wrappers must be removed from the
tion to this provision. If abandoned property is construction site daily.Spillage and overflow around
kept or stored in connection with a lawfully li- containers or secured building material shall con-
censed business enterprise, all abandoned prop- stitute an unlawful accumulation of litter and
erty shall be screened so that it is not visible from shall be immediately cleaned up as it occurs.
any public right(s)-of-way or from any property
used for residential purposes.It shall be unlawful (1) Should a violation of subsection(e)of this
to engage in or permit the dumping, storing, section occur, the construction/demolition
placing, or depositing of abandoned property in contractor, whether owner or agent, will
any residential area,unless such abandoned prop- be required to secure a roll off container
erty is kept in a completely enclosed building. with cover, for containment of construc-
(Ord. No. 2005-44, § 8) tion debris on the site with collection
scheduled necessary to prevent spillage
Sec. 54-183. Storage of litter. and overflow around the containers.
(Ord. No. 2005-44, § 9)
(a) All commercial establishments shall store
litter in containers so as to eliminate wind driven Sec. 54-184. Waste materials management.
debris and litter in or about their establishments. (a) Inert waste materials may be buried on a
The number and size of containers necessary for site after a valid building permit for such site has
each commercial establishment shall be that num- been obtained and posted and provided that such
Supp.No.58 CD54:26
r
ENVIRONMENT §54-184
disposal is in conformance with federal,state,and
local laws and regulations.Inert waste materials,
which have not been properly buried or disposed
of,will be deemed as litter.On-site containment of
downed trees and other vegetative growth shall
be permitted on residentially-zoned lots exceed-
ing one acre in size and in the Estates zoned areas
and only for vegetative growth which has been
cut, cleared or removed on the same property of
the permitted construction, providing all of the
following conditions are met:
(1) A valid building permit for construction of
a single-family residence on the applica-
ble lot has been obtained and is posted
before removal and containment of such
growth; and
(2) The site plan shall identify the location of
the containment area; and
14./
Supp.No.58 CD54:26.1
ENVIRONMENT §54-185
(3) The containment area is subject to the properly contain such material as re-
following restrictions: quired by this article, shall result in such
a. The downed trees and vegetative downed trees and/or downed vegetative
growth are placed into an excavated growth being classified as litter and thereby
earthen depression which does not subject to property owner, agent, and/or
exceed three feet in depth from the other responsible parties to any and all
surrounding natural elevation and penalties provided under this article; and
does not cover a horizontal surface (6) Clearing within wetlands will require a
area greater than 10,000 square feet; department of environmental protection
and permit.
b. All such excavated earthen depres (Ord. No. 2005-44, § 10)
sions containing downed trees and
vegetative growth shall not be closer Sec. 54-185. Declaration of public nuisance.
than 15 feet from the side and rear (a) The accumulation of weeds, grass or other
property lines or within a public or similar nonprotected overgrowth in excess of eigh-
private easement or right-of-way;and teen (18) inches in height is hereby prohibited
c. The nearest point of such excavated and declared to be a public nuisance when located
earthen depression for containment upon any Mowable Lot, and which lot has been
of on-site downed trees and vegeta- specifically described by legal description and
tive growth shall not be closer than which condition has been determined by the County
75 feet to any structure, 100 feet Manager or his designee, to be a public nuisance
from private and/or potable wells, pursuant to this Ordinance. Such Mowable Lot is,
and no closer than 100 feet to any or may reasonably be expected to become, in-
public or private right-of-way; and fested or inhabited by nonprotected rodents, ver-
min or wild animals, or may furnish a breeding
d. All downed trees and vegetative place for mosquitoes, or threaten or endanger the
growth contained in such excavated public health, safety or welfare, or may reason-
earthen depression shall be so con- ably be expected to cause disease, or adversely
tained to prevent the protrusion of affect and impair the aesthetic integrity or eco-
any such growth more than 24 inches nomic welfare of adjacent or surrounding prop-
above the surrounding natural ele- erty
vation including earthen cover; and
e. All cleared vegetation four inches (b) In the area zoned Estates, the accumula-
and less in diameter shall either be tion of weeds,grass or other similar nonprotected
chipped/shredded, or removed from overgrowth in excess of eighteen (18) inches in
the site. No chipped or shredded height is hereby prohibited and declared a public
material shall be placed in the con- nuisance when located upon any improved lot
tainment area. Stumps, root balls, within 30 feet of any residential structure up to
tree trunks and other cleared vege- any lot line. Such improved mowable lots may
tation four inches and larger in di reasonably be deemed to become fire hazards.
ameter may be placed in contain- (c) The accumulation of Exotics, weeds, grass
ment areas; and or other similar nonprotected overgrowth is hereby
(4) No excavated material shall be removed prohibited and declared to be a public nuisance
from the site. when located upon any unimproved property in
this County, which condition is adjacent to a
(5) Failure to either remove downed trees or private or public right-of-way and is not within a
downed vegetative growth from residen- Recorded or Urecorded Subdivision. However,the
tially-zoned lots exceeding one acre in requirements for abatement of the public nui-
size, or estates zoned properties, or to sance as described in this Ordinance shall only
Supp.No.25 CD54:27
§54-185 COLLIER COUNTY CODE
apply to that portion of the property to a depth of (g) The accumulation of weeds, grass or simi-
twenty (20) feet from the property line or lines lar nonprotected overgrowth in excess of eighteen
running adjacent and parallel to a private or (18) inches in height is hereby prohibited and
public right(s)-of-way. declared to be a public nuisance when located
upon any unimproved property in unincorporated
(d) The accumulation of Exotics is hereby pro- Collier County,which is not within a Recorded or
hibited and declared to be a public nuisance when Unrecorded Subdivision, when the weeds, grass
located upon any unimproved property in Collier or similar growth are located within one hundred
County when the Exotics are located within a two (100)feet of the property line or lines of Recorded
hundred (200) foot radius of any improved prop- or Unrecorded Subdivision(S).
erty located in a Recorded or Unrecorded Subdi- (Ord. No. 2005-44, § 11; Ord. No. 09-08, § 11)
vision. However, the requirements for abatement
of the public nuisance as described in this Ordi- Sec. 54-186. Exemptions.
nance shall only apply to that portion of the
unimproved property where the Exotics exist within (a) The area zoned Estates shall be exempt
from the weed and Exotic plant public nuisance
a two hundred (200) foot radius of any abutting, declarations provided in this Ordinance, except
improved property. Furthermore, the require- for the accumulation of weeds, grass or similar
ments for abatement of the public nuisance as nonprotected overgrowth in excess of eighteen
described in this Ordinance shall only apply when (18) inches in height located upon any improved
the County receives a complaint. lot within thirty(30)feet of any residential struc-
ture up to any lot line.
(e) The accumulation of Exotics, weeds, grass
or other similar nonprotected overgrowth in ex- (b) Properties that are unimproved and that
cess of eighteen (18) inches in height, is hereby are located within an area with an Estates zoning
prohibited and declared to be a public nuisance designation shall be exempt from the weed public
when such condition is located on any unim- nuisance declarations provided in this Ordinance.
proved property in Collier County which is within (c) Nonresidential structures located on im-
five hundred (500) feet of Improved Property proved properties with an Estates zoning desig-
when such accumulation has aided any person to nation shall be exempt from the thirty (30) foot
conceal or facilitate the commission of criminal mowing requirements of this Ordinance.
acts against passers-by and the public and is
likely to continue to aid in the concealment or (d) Accumulations of protected vegetation such
commission of future criminal acts if such accu- as coastal strands, scrub, tropical hammocks,
mulation is not abated.A report from the Collier dune vegetation and property officially declared
County Sheriffs Office identifying such unim- "protected" by any federal, state or local ordi-
proved property, which was allegedly utilized by nance (such as wetlands), are hereby exempted
any person to conceal or facilitate the commission from being considered public nuisances under
of criminal acts against passersby or the public this Ordinance.
shall constitute sufficient evidence. However, the (e) The lands zoned Agricultural that are lo-
requirements for abatement of the public nui cated outside of the Urban Boundary as described
sance as described in this Ordinance shall only on the Collier County Future Land Use Map shall
apply to that portion of the unimproved property be exempt from the weed and Exotic plant public
where the accumulation exists within a five hun-
nuisance declarations in this Ordinance.
dred (500) foot radius of Improved Property.
(f) All lands zoned agricultural that are not
(f) Exotic plants located in right(s)-of-way, al- being used for an essential service as defined in
ley(s), canal(s), and easements(s) on improved the Collier County Land Development Code and/or
property within Recorded or Unrecorded Subdivi- a bona fide agricultural use shall be exempt from
sions are prohibited and declared to be a public the weed and Exotic plant public nuisance decla-
nuisance. rations provided in this Ordinance. , 11
Supp.No. 25 CD54:28
ARTICLE VI. LITTER, WEED AND
EXOTICS CONTROL*
Sec. 54-175. Purpose and intent.
This Ordinance is hereby considered to be
remedial and shall be construed and interpreted
to secure the public safety, health and general
welfare through clean and sanitary property,
free from wind-blown debris and materials.
(1) Theaccumulation of Litterand Abandoned
Property on public and private property
constitutes a hazard and is detrimental
to the health, safety and welfare of the
citizens of Collier County.
(2) The accumulation of weeds, grass or
Exotics or similar growth on, or in close
proximity to, residentially, commercially,
or industrially-zoned land is detrimental
to the health, safety and welfare of the
citizens of Collier County.
(Ord. No. 09-08, § 1)
Sec. 54-176. Title.
This article shall be known and may be cited
as the "Collier County Litter, Weed and Exotics
Control Ordinance".
(Ord. No. 2005-44, § 2)
Sec. 54-177. Applicability.
This article shall apply to, and be enforced in,
all unincorporated areas of Collier County.
(Ord. No. 2005-44, § 3)
Sec. 54-178. Definitions.
When used in this Ordinance, the following
words, phrases or terms shall have the following
meanings, unless the content clearly indicates
otherwise:
Abandoned property.Any wrecked, inopera-
tive, derelict or partially dismantled property
having little, if any, value other than nominal
salvage value, which has been left unattended
and unprotected from the elements, which shall
include, but not be limited to, motor vehicles,
trailers, boats, machinery, appliances such as
refrigerators and washing machines, plumbing
fixtures, furniture and any other similar articles.
Abate.To mow a Mowable Lot to a height of
less than six (6) inches, or to remove Exotic
Plants to a height of equal to surrounding natural
elevation and to poison any stumps, if remain-
ing, with an EPA approved herbicide containing
a visual tracer dye; or to remove Litter; or to
remove Abandoned Property, in accordance with
this Ordinance. Mulching of Exotic Plants is
allowed as long as the mulching occurs in an
Enclosed Container and is removed from the
site.
Compost pile.A pile, mound of heap (whether
on the ground or in a container or structure)
consisting solely of on-site organic materials
that are intentionally collected to create a compost
material for gardening purposes. Composting is
permitted on any residential or estates property
and is specifically excluded from this ordinance
provided that: (1) the compost site is located in
the rear yard and is at least 10 feet from any
property line; (2) all generated compost is for use
on-site; (3) no materials are generated off-site;
and (4) that the composting activities be conducted
in such a manner as to not create a foul odor,
attract vermin, or otherwise creates a public
nuisance.
Construction and demolition debris.Discarded
materials generally considered to be not water
soluble and nonhazardous in nature, including
but not limited to; steel, glass, brick, concrete,
asphalt material, pipe, gypsum wallboard and
lumber, from the construction or destruction of a
structure as part of a construction or demolition
project or from the renovation of a structure,
including such debris from construction of
structures at a site remote from the construction
or demolition project site. The term includes
rocks, soils, tree remains, trees and other vegeta-
tive matter which normally results from land
clearing or land development operations for a
construction project; clean cardboard, paper,
*Editor’s note—Ord. No. 2005-44, §§ 2—20, adopted
Sept. 13, 2005, amended art. VI in its entirety to read as
herein set out. Formerly, said article pertained to similar
subject matter. See the Code Comparative Table for a
detailed analysis of inclusion.
Cross references—Litter control, § 118-56 et seq.;vegeta-
tion, ch. 138.
§ 54-178ENVIRONMENT
CD54:23Supp. No. 102
plastic, wood and metal scraps from a construc-
tion project; effective January 1, 1997, except as
provided in F.S. § 403.707(12)(j), unpainted,
nontreatedwoodscrapsfromfacilitiesmanufactur-
ing materials used for construction of structures
or their components and unpainted, nontreated
wood pallets provided the wood scraps and pal-
lets are separated from other solid waste where
generated and the generator of such wood scraps
or pallets implements reasonable practices of the
generating industry to minimize the com-
mingling of wood scraps or pallets with other
solid waste; and de minimis amounts of other
nonhazardous wastes that are generated at
construction or demolition projects, provided such
amounts are consistent with best management
practices of the construction and demolition
industries. Mixing of construction and demoli-
tion debris with other types of solid waste will
cause it to be classified as other than construc-
tion and demolition debris.
Exotics or exotics plants.Australian pine
(Casuarina, all species), Melaleuca (all species),
Brazilian pepper (Schinus terebinthifolius), downy
rose myrtle (Rhodomyrtus tomentosus) earleaf
acacia (Acacia auriculiformis), Java plum (Syzy-
gium cumini), Woman's tongue (Albizia lebbeck),
catclaw mimose (Mimosa pigra), and any
prohibited exotic species that may be added to
County Ordinance No. 04-41, as amended, (Sec-
tion 3.05.08, Collier County Land Development
Code).
Enclosed container.Any container having a
physical structure which prevents materials from
falling out, spilling, blowing out by wind action,
or coming out by other accidental means during
transport or on-site storage, and shall include,
but not be limited to, garbage cans, truck bodies
capable of being enclosed for transit purposes
only, rolloff containers, and any other container
sufficient to prevent the accidental scattering or
leaking of said materials on surrounding proper-
ties and on public roads. A dumpster enclosure is
not an enclosed container.
Improved property.Real property that contains
buildings, streets (or paved areas) or other
structural improvements.
Inert waste materials or inert materials.Any
solid waste and recyclable materials, including
concrete and construction debris, that are source
separated or separated for reuse and do not
contain hazardous waste or soluble pollutants.
Gravel, rock, soil, sand, and similar materials,
whether processed or not, that have never been
used in connection with any structure, develop-
ment, or grading, or other similar human purpose,
or that are uncontaminated, are not inert debris
and such materials may be commingled with
inert debris for reuse purposes.
Litter.Any discarded, used, or unconsumed
substances or wastes. Litter shall include, but
shall not be limited to, garbage, trash, refuse,
debris, paper product (including newspapers and
magazines), glass, metal, plastic or other contain-
ers, cloth, wood and wood products, sweepings,
liquids (other than uncontaminated water), sludge,
grass clippings, tree limbs, trunks and roots,
undergrowth and materials produced by clearing
and grubbing and other horticulture wastes,
motor vehicle parts and tires, furniture, oil or
grease, hazardous wastes (including gasoline,
paint thinners and other similar types), the
carcass of a dead animal, any obnoxious or
offensive matter of any kind, any object likely to
injure any person or create a traffic or pedestrian
hazard, or any other condition of any unsightly
nature, which may have been discarded,
abandoned or otherwise disposed of improperly.
Litter shall not include horticultural wastes,
such as palm fronds, that have accumulated on
public or private property as the result of natural
conditions. Natural conditions means accumula-
tion that occurs as a result of an increase by
natural growth rather than manmade.
Mowable lot.
(1) Any portion, piece, division, or parcel of
land in any Recorded or Unrecorded
Subdivision of this County, of which fifty
percent (50%) or more of unimproved
property, can be mowed with bushhog-
type or smaller mowing equipment,
without damage to the lot or equipment.
For purposes of determining lot size,
rights-of-way, alleys, and all easements
shall be included in the calculation of the
Mowable Lot; or
§ 54-178 COLLIER COUNTY CODE
CD54:24Supp. No. 102
(2) Any portion of Improved Property, which
can be mowed with bushhog-type, or
smaller, mowing equipment without
damage to the lot or equipment.
Prohibited accumulation of exotics.Any
accumulation of Exotics, which is located on
improved or unimproved property.
Recorded subdivision.Land subdivided into
three (3) or more lots, parcels, sites, units, or any
other division of land for which a plat has been
filed with Clerk of Courts of Collier County.
Receptacle.A container made of material that
will protect the property and environment from
leakage, spillage and overflow of any type of
litter, waste or debris. A dumpster enclosure is
not a receptacle.
Storage of litter.The interim containment of
Litter in a manner approved by the Board of
County Commissioners, after generation of such
Litter and prior to proper and final disposal.
Unauthorized accumulation of litter.The
accumulation of litter in or upon any public or
private property or body of water, which is not
contained within proper containers or receptacles
provided for control of Litter, or is not otherwise
permitted or authorized, by any other Collier
County Ordinance. This term shall not include
building materials used in construction or repair
of a building or structure which materials are
properly stored at the site of such activity, so
long as:
(1) The subject building is being constructed,
remodeled, repaired, or demolished under
the authority of an active, valid Collier
County building permit and for which
the materials are to be used; and
(2) The building materials are secured during
construction, remodel, repair, or building
demolition, to prevent the material from
falling out, spilling, blowing out by wind
action, or coming out by other accidental
means so that it trespasses on adjacent
properties, or creates a negative visual
impact to surrounding properties.
Unauthorized accumulation of Litter shall
also include, but not be limited to, the accumula-
tion or storage of Litter or containerized Litter
or Abandoned Property adjacent to public
right-of-way if such materials are placed upon
a right-of-way earlier than 6:00 (6) p.m. of the
night prior to the regularly scheduled pickup
for that location by the County solid waste
collection contractor, or allowing said accumula-
tion, or container to remain adjacent to the
public right-of-way after 6:00 (6) p.m. of the
day of the scheduled pickup.
Unlawful accumulation of weeds, grass or
similar nonprotected overgrowth.Any accumula-
tion of weeds, grass or similar nonprotected
overgrowth if any part of such accumulation is in
excess of eighteen (18) inches in height and
located on a Mowable Lot, in any Recorded or
Unrecorded subdivision of Collier County.
Unrecorded subdivision.Any land which for
the purpose of sale or transfer has been subdivided
for the purpose of sale or transfer, prior to the
enactment of Ordinance No. 76-6, as amended,
or any other division of land for which a plat has
not been filed with the Clerk of Courts of Collier
County.
Written corrective notice.A written statement
issued to the violator or his/her agent identifying
and which states the violation, date of the viola-
tion, location of the violation, the corrective
measures required to be taken, and the date by
which the corrective measures are to be completed.
(Ord. No. 2005-44, § 4; Ord. No. 09-08, § 4; Ord.
No. 2015-12, § 1; Ord. No. 2021-48, § 1)
Sec. 54-179. Litter declared to be a public
nuisance.
The Unauthorized Accumulation of Litter or
Improper Storage of Litter or improper dumping
of Abandoned Property or Litter as described in
this Ordinance, in or upon public or private
property, is hereby declared to be a public
nuisance.
(Ord. No. 2005-44, § 5; Ord. No. 09-08, § 5)
Sec. 54-180. Unlawful to litter.
It shall be unlawful for any person to throw,
discard, place, drop, or deposit litter in any
manner or amount in or upon any public property,
§ 54-180ENVIRONMENT
CD54:25Supp. No. 102
private property, highway, street, right-of-way or
body of water within the unincorporated areas of
Collier County, Florida, except in such areas and
enclosed containers specifically provided and
appropriately designated for the disposal of litter.
In any case where litter is ejected or discarded
from a motor vehicle, except at approved and
permitted disposal sites, the operator of the
motor vehicle shall be deemed in violation of this
article.
(Ord. No. 2005-44, § 6)
Sec. 54-181. Unauthorized accumulation
of litter.
Any unauthorized accumulation of litter in or
upon any property, vacant or improved, or on or
upon any public street, alley or other public or
private place is a violation of this article. Any
property owner, tenant, occupant, agent, manager,
or other person who owns, maintains, or controls
private property, whether improved or
unimproved, is hereby declared to be in violation
of this article where any such unauthorized
accumulation of litter is maintained or is allowed
to remain on such property.
(Ord. No. 2005-44, § 7)
Sec. 54-182. Dumping or depositing of
abandoned property
prohibited.
It shall be unlawful for any person to engage
in or permit the dumping, storing, placing, or
depositing of abandoned property on any public
or private real property, street, or highway.
However, abandoned property kept in a completely
enclosed building or a business enterprise, which
is lawfully licensed and zoned for receipt and
storage of abandoned property, shall be an excep-
tion to this provision. If abandoned property is
kept or stored in connection with a lawfully
licensed business enterprise, all abandoned
property shall be screened so that it is not visible
from any public right(s)-of-way or from any
property used for residential purposes. It shall
be unlawful to engage in or permit the dumping,
storing, placing, or depositing of abandoned
property in any residential area, unless such
abandoned property is kept in a completely
enclosed building.
(Ord. No. 2005-44, § 8)
Sec. 54-183. Storage of litter.
(a) All commercial establishments shall store
litter in containers so as to eliminate wind-
driven debris and litter in or about their establish-
ments. The number and size of containers
necessary for each commercial establishment
shall be that number required to maintain clean,
neat, and sanitary premises. Spillage and overflow
around containers regardless of whether located
within an enclosure, will constitute an unlawful
accumulation of litter and must be immediately
cleaned up as it occurs.
(b) All loading and unloading zones at com-
mercial establishments shall be provided with
litter receptacles by the owner of the business to
store litter.
(c) Each person owning or operating any
establishment open to the public shall provide
receptacles adequate to contain litter generated
from such establishment.
(d) Any and every person in possession, or in
charge or in control of any place, public or
private where litter is accumulated or generated,
at all times shall provide and maintain adequate
and suitable receptacles and/or containers capable
of holding such materials, until proper final
disposal is accomplished.
(e) All construction and demolition contrac-
tors, whether owners or agents, shall provide
on-site receptacles for litter sufficient to prevent
wind-driven scattering of such materials if the
materials are otherwise not properly disposed of
on a daily basis. Receptacles placed or erected on
construction sites are limited to the deposit of
construction and demolition debris. Food, drink
and food wrappers must be removed from the
construction site daily. Spillage and overflow
around containers or secured building material
shall constitute an unlawful accumulation of
litter and shall be immediately cleaned up as it
occurs.
(1) Should a violation of subsection (e) of
this section occur, the construction/
§ 54-180 COLLIER COUNTY CODE
CD54:26Supp. No. 102
demolition contractor, whether owner or
agent, will be required to secure a roll-off
container with cover, for containment of
construction debris on the site with col-
lection scheduled necessary to prevent
spillage and overflow around the contain-
ers.
(Ord. No. 2005-44, § 9)
Sec. 54-184. Waste materials management.
1. Inert waste materials may be used as fill
on a site only after a valid development order for
such site has been obtained and posted and
provided that such disposal is in conformance
with federal, state, and local laws and regula-
tions. Fill is any operation in which material
(including but not limited to rock, concrete rubble,
or other masses of material) is added onto real
property, including the filling of low areas or
elevating existing contours or grades. Inert waste
materials, which have not been properly buried
or disposed of, will be deemed as litter. Onsite
processing of construction demolition debris and
crushing of inert waste materials from an offsite
location is prohibited outside of an approved
conditional use in the Industrial or Agricultural
Zoning Districts, or by a Board approved develop-
ment order.
a. Use of inert debris on a site to be used for
site development requires a valid develop-
ment order, indicating such intended
practice within the site development plan
or building permit application. When
placed beneath a building or structure, a
geotechnical investigation shall be
conducted in accordance with the Florida
Building Code, Chapter 18 Solids and
Foundations, Section 1803, as amended.
b. Inert debris stockpiling may not be placed
by a private party within a County
maintained public easement or right of
way.
c. Any construction and demolition debris
or inert materials that originated off-site
must be either be used as on-site fill or
removed from the property within 90
days of delivery of such materials.
d. The actual generators of construction
and demolition debris or the owners of
premises upon which use debris is gener-
ated may dispose of the debris on-site or
on property that is adjacent or contigu-
ous to, and under common ownership
and control with the property where the
debris is generated, provided that all
applicable federal, state and local govern-
ment permits for such activity have been
acquired.
e. Any construction and demolition debris
or other inert materials not properly
disposed of will be deemed as litter.
f. Any person transporting construction and
demolition debris on or over a public
right of way shall use a vehicle that is
constructed or loaded to prevent such
debris from dropping, sifting, leaking,
blowing, falling, or otherwise being
dispersed or discharged or escaping from
such vehicles.
g. Collier County personnel, having given
reasonable advance notice, shall have
the right to enter the property to examine
construction and demolition debris and
inert debris and to carry out inspections
of the site, which may include the collec-
tion of samples to determine compliance
with the provisions of this article and
any special conditions attached to any
permits as issued by the County.
2. On-site containment of downed trees and
other vegetative growth shall be permitted on
residentially-zoned lots exceeding one acre in
size and in the Estates zoned areas and only for
vegetative growth which has been cut, cleared or
removed on the same property of the permitted
construction, providing all of the following condi-
tions are met:
a. A valid building permit for construction
of a single-family residence on the
applicable lot has been obtained and is
posted before removal and containment
of such growth; and
b. The site plan shall identify the location
of the containment area; and
§ 54-184ENVIRONMENT
CD54:27Supp. No. 102
c. The containment area is subject to the
following restrictions:
i. The downed trees and vegetative
growth are placed into an excavated
earthen depression which does not
exceed three feet in depth from the
surrounding natural elevation and
does not cover a horizontal surface
area greater than 10,000 square
feet; and
ii. All such excavated earthen depres-
sions containing downed trees and
vegetative growth shall not be closer
than 15 feet from the side and rear
property lines or within a public or
private easement or right-of-way;
and
iii. The nearest point of such excavated
earthen depression for containment
of on-site downed trees and vegeta-
tive growth shall not be closer than
75 feet to any structure, 100 feet
from private and/or potable wells,
and no closer than 100 feet to any
public or private right-of-way; and
iv. All downed trees and vegetative
growth contained in such excavated
earthen depression shall be so
contained to prevent the protrusion
of any such growth more than 24
inchesabovethesurroundingnatural
elevation including earthen cover;
and
v. All cleared vegetation four inches
and less in diameter shall either be
chipped/shredded, or removed from
the site. No chipped or shredded
material shall be placed in the
containment area. Stumps, root
balls, tree trunks and other cleared
vegetation four inches and larger in
diameter may be placed in contain-
ment areas; and
d. No excavated material shall be removed
from the site.
e. Failure to either remove downed trees or
downed vegetative growth from
residentially-zoned lots exceeding one acre
in size, or estates zoned properties, or to
properly contain such material as required
by this article, shall result in such downed
trees and/or downed vegetative growth
being classified as litter and thereby
subject to property owner, agent, and/or
other responsible parties to any and all
penalties provided under this article; and
f. Clearing within wetlands will require a
department of environmental protection
permit.
(Ord. No. 2005-44, § 10; Ord. No. 2021-48, § 2)
Sec. 54-185. Declaration of public
nuisance.
(a) The accumulation of weeds, grass or other
similar nonprotected overgrowth in excess of
eighteen (18) inches in height is hereby prohibited
and declared to be a public nuisance when
located upon any Mowable Lot, and which lot has
been specifically described by legal description
and which condition has been determined by the
County Manager or his designee, to be a public
nuisance pursuant to this Ordinance. Such Mow-
able Lot is, or may reasonably be expected to
become, infested or inhabited by nonprotected
rodents, vermin or wild animals, or may furnish
a breeding place for mosquitoes, or threaten or
endanger the public health, safety or welfare, or
may reasonably be expected to cause disease, or
adversely affect and impair the aesthetic integrity
or economic welfare of adjacent or surrounding
property.
(b) In the area zoned Estates, the accumula-
tion of weeds, grass or other similar nonpro-
tected overgrowth in excess of eighteen (18)
inches in height is hereby prohibited and declared
a public nuisance when located upon any improved
lot within 30 feet of any residential structure up
to any lot line. Such improved mowable lots may
reasonably be deemed to become fire hazards.
(c) The accumulation of Exotics, weeds, grass
or other similar nonprotected overgrowth is hereby
prohibited and declared to be a public nuisance
when located upon any unimproved property in
this County, which condition is adjacent to a
private or public right-of-way and is not within a
§ 54-184 COLLIER COUNTY CODE
CD54:28Supp. No. 102
Recorded or Unrecorded Subdivision. However,
the requirements for abatement of the public
nuisance as described in this Ordinance shall
only apply to that portion of the property to a
depth of twenty (20) feet from the property line
or lines running adjacent and parallel to a
private or public right(s)-of-way.
(d) The accumulation of Exotics is hereby
prohibited and declared to be a public nuisance
when located upon any unimproved property in
Collier County when the Exotics are located
within a two hundred (200) foot radius of any
improved property located in a Recorded or
Unrecorded Subdivision. However, the require-
ments for abatement of the public nuisance as
described in this Ordinance shall only apply to
that portion of the unimproved property where
the Exotics exist within a two hundred (200) foot
radius of any abutting, improved property.
Furthermore, the requirements for abatement of
the public nuisance as described in this Ordinance
shall only apply when the County receives a
complaint.
(e) The accumulation of Exotics, weeds, grass
or other similar nonprotected overgrowth in
excess of eighteen (18) inches in height, is hereby
prohibited and declared to be a public nuisance
when such condition is located on any unimproved
property in Collier County which is within five
hundred (500) feet of Improved Property when
such accumulation has aided any person to
conceal or facilitate the commission of criminal
acts against passers-by and the public and is
likely to continue to aid in the concealment or
commission of future criminal acts if such
accumulation is not abated. A report from the
Collier County Sheriff's Office identifying such
unimproved property, which was allegedly utilized
by any person to conceal or facilitate the commis-
sion of criminal acts against passersby or the
public shall constitute sufficient evidence.
However, the requirements for abatement of the
public nuisance as described in this Ordinance
shall only apply to that portion of the unimproved
property where the accumulation exists within a
five hundred (500) foot radius of Improved
Property.
(f) Exotic plants located in right(s)-of-way,
alley(s), canal(s), and easements(s) on improved
property within Recorded or Unrecorded Subdivi-
sions are prohibited and declared to be a public
nuisance.
(g) The accumulation of weeds, grass or similar
nonprotected overgrowth in excess of eighteen
(18) inches in height is hereby prohibited and
declared to be a public nuisance when located
upon any unimproved property in unincorporated
Collier County, which is not within a Recorded or
Unrecorded Subdivision, when the weeds, grass
or similar growth are located within one hundred
(100) feet of the property line or lines of Recorded
or Unrecorded Subdivision(s).
(Ord. No. 2005-44, § 11; Ord. No. 09-08, § 11)
Sec. 54-186. Exemptions.
(a) The area zoned Estates shall be exempt
from the weed and Exotic plant public nuisance
declarations provided in this Ordinance, except
for the accumulation of weeds, grass or similar
nonprotected overgrowth in excess of eighteen
(18) inches in height located upon any improved
lot within thirty (30) feet of any residential
structure up to any lot line.
(b) Properties that are unimproved and that
are located within an area with an Estates
zoning designation shall be exempt from the
weed public nuisance declarations provided in
this Ordinance.
(c) Nonresidential structures located on
improved properties with an Estates zoning
designation shall be exempt from the thirty (30)
foot mowing requirements of this Ordinance.
(d) Accumulations of protected vegetation such
as coastal strands, scrub, tropical hammocks,
dune vegetation and property officially declared
"protected"by any federal, state or local ordinance
(such as wetlands), are hereby exempted from
being considered public nuisances under this
Ordinance.
(e) The lands zoned Agricultural that are
located outside of the Urban Boundary as
described on the Collier County Future Land
§ 54-186ENVIRONMENT
CD54:28.1Supp. No. 102
Use Map shall be exempt from the weed and
Exotic plant public nuisance declarations in this
Ordinance.
(f) All lands zoned agricultural that are not
being used for an essential service as defined in
the Collier County Land Development Code and/or
a bona fide agricultural use shall be exempt from
the weed and Exotic plant public nuisance declara-
tions provided in this Ordinance.
§ 54-186 COLLIER COUNTY CODE
CD54:28.2Supp. No. 102
ENVIRONMENT §54-187
(g) Horticultural waste, such as palm fronds, contractor. A bill will then be sent to the lot's
that have accumulated on public or private prop- owner of record for the mowing fees plus an
erty as the result of natural conditions shall be administrative fee of one hundred dollars
exempt from the enforcement provisions of this ($100.00). Additional charges can be assessed
Ordinance. Natural conditions is defined as an for oversized lots or extremely overgrown lots.
accumulation that occurs as a result of an in- Repeat violators may be subject to additional
crease by natural means rather than manmade. fees or charges,or after three violations may be
(Ord. No. 2005-44, § 12; Ord. No. 09-08, § 12) included in a mandatory lot mowing program
instituted by the County.
Sec. 54-187. Notice of violation.
The owner must remit payment for the amounts
(a) Annual published notice. Annually, the billed within twenty(20)days from the mailing
County Manager, or his designee(s) will publish, of the County's invoice. If the invoiced bill is
or cause to be published, a public Notice, in not paid within this twenty-day period a Deter-
substantially the following form, which details mination Order assessing a lien will be im-
the abatement procedures for violations described posed by the Special Magistrate. If certified
in this Ordinance. This Notice will be published and recorded, this Order may constitute a lien
in a newspaper of general circulation for a mini- on ALL of the violator's real and personal
mum of four Sundays beginning with the first property in Collier County. This lien may be
Sunday in January of each year, and on every paid without further costs, within twenty (20)
other Sunday thereafter. days from the date of determination by the
Special Magistrate for Collier County. If the
A PUBLIC NOTICE FROM THE CODE EN- lien remains unpaid after one(1)year from the
FORCEMENT DEPARTMENT OF COLLIER date of the recording of the lien, Collier County
COUNTY, FLORIDA may bring suit to foreclose the lien as set for in
NOTICE ABOUT WEEDS OR GRASSES OVER Chapter 173, Florida Statutes.
18 INCHES IN HEIGHT-ORDINANCE
2005- All property owners are requested to make
arrangements for the proper maintenance of
The Collier County Litter, Weed and Exotics their land as the practice of sending mailed
Control Ordinance requires that all owners of Notices of Violation to owners, in particular
developed and undeveloped lots shall control absentee owners, will be at the option of the
all excessive growth of grasses or weeds over 18 County.The cooperation of all affected property
inches by mowing.All lots with such vegetation owners will assist in reducing the large num-
over 18 inches in height will be identified by a ber of complaints about such nuisances re-
Code Enforcement Investigator and a Notice of ceived each year by the Code Enforcement
Violation and Order to Correct may, at the Department. Compliance with this require-
County's option, be mailed to the property ment will also help to control vermin and
owner(s) or posted on the lot. If posted, a copy improve the appearance of the affected areas of
of this notice will also be posted at the Collier the unincorporated County.
County Courthouse at 3301 Tamiami Trail E.,
Naples FL 34112 or the Immokalee Courthouse Any questions regarding these procedures can
at 106 1st Street S. Immokalee FL, 34142, as be addressed to the Code Enforcement Depart-
applicable. ment.Phone number(239)252-2440;located at
2800 North Horseshoe Drive,Naples,FL 34104.
A posted notice may,at the option of the County,
be used in lieu of mailing individual letters to (1) Annual publication of this Notice is
property owners. After ten (10) days from the intended to provide continuing con-
date of posting or mailing,if no action is taken, structive notice to all affected prop-
the County will abate the violation by contract- erty owners in Collier County of the
ing for the lot to be mowed by a mowing procedures for abatement of the spec-
Supp.No. 25 CD54:29
§54-187 COLLIER COUNTY CODE ^
ified violations, and of the conse- violator(s), the timeliness of any prior abate-
quences of failing to timely abate ment(s) of similar violation(s), the existence of
cited violations. other code violations, and of any previously satis-
(2) Failure of the county to timely, or fied, foreclosed, or outstanding code enforcement
fully, publish the Annual Notice will liens. As a general rule, certified mail, return
not be a grounds for challenging any receipt requested, should be provided to all first
enforcement action brought under time violators as set forth in the corresponding
this article. procedures below. Posted notices are generally
considered appropriate for repeat violations at
(b) Whenever the County Manager or his des- the same location or for the same violator(s)
ignee determines that a public nuisance exists as especially when there is a pattern of certified mail
described in this Ordinance, he will cause one or sent to property owners who are not Collier County
more of the following forms of notice of violation residents being returned unclaimed or being re
to be provided to the record owner or owners of fused.
said property informing the owner(s)of said prop- (1) A Notice of Violation may be served on a
erty of the existence of the nuisance and the violator, i.e., the record owner(s) of the
corresponding violations(s). The form and man- cited property, either by:
ner of the notice provided will be determined by a. Certified mail, return receipt re-
the Director of Code Enforcement and will depend quested, notifying the record own-
on the number of violations issued to a particular er(s) of the cited violations via a
property owner(s),the number of and frequency of Notice in substantially the following
any prior violations at the property owned by the form: �\
Code Enforcement Department
Notice of Violation and Order to Correct
To: Date:
Ordinance
Violation/Case No.
Property:
Folio #:
Dear Property Owner:
According to the official records of this County, you are the owner of the above-described property.As
such,you are hereby notified that the Code Enforcement Director,on [date]
determined that a public nuisance exists on your property pursuant to County Ordinance No.
2005- , (as amended) caused by: [describe violation]
You are further notified that you shall abate this nuisance within ten(10)days of the date of this notice
by [describe how to abate] . Failing this action on your part, the Board
of County Commissioners will cause the nuisance to be abated. YOUR FAILURE TO ABATE THE
NUISANCE MAY RESULT IN THE RECORDING OF A LIEN AGAINST YOUR PROPERTY.The lien
shall include the direct cost plus an administrative fee of two hundred dollars ($200.00) and will be
levied as an assessment against all of the property you own.
IN THE EVENT YOU RECEIVE THREE NOTICES OF VIOLATION DURING YOUR OWNERSHIP
OF THE REFERENCED PROPERTY,EVEN THOUGH YOU ABATE EACH VIOLATION,YOU MAY
BE CHARGED A PENALTY OF FIFTY DOLLARS AND AN ADMINISTRATIVE FEE.
Supp.No. 25 CD54:30
ENVIRONMENT § 54-187
You may contest this determination of the existence of a public nuisance by applying in writing, for a
hearing before the Special Magistrate within fifteen(15)days from the date of this notice of violation.
Or:
b. by posting a notice in a substantially the following form in a clearly visible location on the
cited property,and at the Collier County Courthouse,or Immokalee Courthouse.The posted
notices must be in substantially the following form:
POSTED
Collier County Code Enforcement Department
Notice of Violation of Section of Ordinance 2005- , (as amended) and Order to Correct
To: [Owner(s) of Record] Date Posted:
Violation/Case No.
Property [Insert address where violation oc-
curred]:
Folio #:
As the official record owner(s) of the above-described property, you are hereby notified that a public
nuisance exists on this property as of [insert date] in the form of: [describe viola-
tion] on the subject property.
You are further notified that you must immediately abate this nuisance within ten(10)days of the date
of posting of this Notice by causing the above-described property to be: [mowed/exotics
removed, or otherwise describe how to abate] . If the violation is not abated within the
time required, the County may act to cause the nuisance to be abated. FAILURE TO ABATE THIS
NUISANCE MAY RESULT IN THE RECORDING OF A LIEN AGAINST THE LAND ON WHICH
THE VIOLATION EXISTS AND UPON ANY OTHER REAL OR PERSONAL PROPERTY YOU OWN
IN COLLIER COUNTY. Such liens may include the County's costs to abate the violation plus an
administrative fee of two hundred dollars ($200.00), all of which may be levied as an assessment
against your property(s).
You may contest this Notice of Violation and determination of the existence of a public nuisance by
applying in writing,for a hearing before the Special Magistrate within fifteen(15)days from the date
of posting this Notice of Violation.
(2) If the same violator(s) receives three or more Notices of Violation of this article during their
ownership of any property in Collier County, even though the violations may have been timely
abated, a penalty of fifty ($50.00) dollars will be charged for each notice received thereafter.An
administrative fee of one hundred ($100.00) dollars will also be assessed for each invoice
processed for the payment of said penalty.In addition,all cited property(s),may at the discretion
of the County Manager or his designee, become subject to the county's mandatory lot mowing
program provisions in this Ordinance.
(3) If the property owner or his agent has not abated the identified nuisance as described in said
notice within ten (10) days from the date of the Notice of Violation, the County will abate the
condition and shall, through its employees, servants, agents, or contractors, be authorized to
enter upon the property and take such steps as are reasonably required to abate the nuisance.
However, the County Manager, in his discretion may extend the time allowed for taking
corrective action up to 180 days for natural disasters as determined by the State or Federal
government.
(Ord. No. 2005-44, § 13; Ord. No. 09-08, § 13)
Supp.No.25 CD54:31
§54-188 COLLIER COUNTY CODE
Sec. 54-188. Assessment for abating nui- Special Magistrate and may impose a lien against
sance. the property.The Special Magistrate,by determi-
nation order, shall assess such cost against such
(a) After abatement by the County or its agent,
Parcel. Said determination order shall:
the cost thereof to the County as to each parcel
shall be calculated and reported to the Collier (1) Describe the land and show the cost of
County Manager or his/her designee. An invoice abatement, and shall include the initial
shall be mailed to the property owner(s) for the - - -
administrative fee of one hundred($100.00)
cost of abatement. The invoice shall also include dollars per parcel as mentioned in para
an administrative fee of one-hundred ($100.00) graph 1 of this section,plus an additional
dollars per parcel of property. administrative fee of one hundred($100.00)
dollars for lien processing; or
(b) In the event the property owner abates the (2) Describe the land and shall include the
violation,but has received a total of three notices penalty and initial administrative fee per
of violation for separate violations during the parcel as mentioned in paragraph 2 of
property owners ownership of the referenced prop- this section.
erty, the County shall mail an invoice to the
Such determination Order shall consti-
property owner including a penalty of fifty($50.00) tute a lien, which shall run with the
dollars per parcel, plus an administrative fee of property until paid. The determination
one hundred ($100.00) dollars for the repeat vio- Order shall also specify that interest shall
lation invoice. Each notice of violation thereafter accrue on the unpaid balance beginning
to the same property owner, shall be processed in on the date the Order is recorded at the
the same manner. rate of twelve (12) percent per annum.
(c) If the invoice sent by the County Manager (d) A legal notice of assessment of lien shall be
or his/her designee is not paid at the expiration of sent to the property owner. This Notice shall be
the twenty(20)days of the date of the invoice,the substantially in the following form:
BOARD OF COUNTY COMMISSIONERS
THROUGH ITS CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIEN
[Insert Property Owner's Name and Address] DATE:
REF. INV.# FOLIO# LIEN NUMBER:
LEGAL DESCRIPTION:
You, as the owner of the property above-described, as recorded in the records maintained by the office
of the Property Appraiser, are hereby advised that the Code Enforcement Director, did on
[date] ,20 ,order the abatement of a certain nuisance existing on the
above property prohibited by Ordinance 2005- , as amended)and served a notice of violation upon
you. The nuisance is:
[describe the nuisance]
You failed to abate such nuisance, whereupon, it was abated by the expenditure of public funds at a
direct cost of$ , and an administrative cost of two-hundred ($200.00) dollars for a total of
$ , [or,You abated the nuisance but failed to pay the $ penalty imposed and caused
the County to incur an administrative cost of two Hundred ($200.00) dollars. Such cost, by
determination order of a Special Magistrate for Collier County, Florida, will become a lien on your
property within twenty(20)days of determination by the Special Magistrate when recorded.You may
request a hearing before the Special Magistrate to show cause, if any, why the expenses and charges
Supp.No. 25 CD54:32
ENVIRONMENT §54-191
incurred by the County under County Ordinance No. 2005- , (as amended) are excessive or
unwarranted or why such expenses should not constitute a lien against the property. Said request for
hearing shall be made to the Secretary to the Special Magistrate, Collier County Government Center,
2800 North Horseshoe Drive, Naples, Florida 34104 in writing within ten (10) days from the date of
this notice.FAILURE TO PAY THE AMOUNT SPECIFIED IN THIS NOTICE WILL RESULT IN
A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY.
(e) After the expiration of one year from the (c) If, after said hearing, the Special Magis-
date of the Lien,as provided herein,a suit may be trate determines that the assessment is fair,
filed to foreclose said lien. Such foreclosure pro- reasonable,and warranted,the assessment deter-
ceedings shall be instituted, conducted and en- mination order shall be recorded forthwith. If the
forced in conformity with the procedures for the Special Magistrate determines that the charges
foreclosure of municipal special assessment liens, are excessive or unwarranted, it shall direct the
as set forth in F.S. Ch. 173, which provisions are County Manager to re-compute the charges and
hereby incorporated herein in their entirety to the the Special Magistrate shall hold a further hear-
same extent as if such provisions were set forth ing after notice to the owner upon the recomputed
herein verbatim. charges.
(Ord. No. 2005-44, § 15; Ord. No. 09-08, § 15)
(f) The liens for delinquent assessments im-
posed hereunder shall remain liens, coequal with Sec. 54-190. Enforcement procedures.
the lien for all state, county, district and munici-
pal taxes, superior in dignity to all other filed Collier County Investigators are hereby empow
liens and claims, until paid as provided herein. ered to issue Written Corrective Notices and/or
notices to appear in County court or before the
(g) After recording of the Lien, the County Special Magistrate to any person violating the
Manager or his designee may accept partial pay provisions of this Ordinance. All such notices
ment and recommend satisfaction of the Lien to issued,shall be maintained by the issuing author
the Board if he/she determines an error has been ity for public inspections, during normal office
made based upon his/her judgment. hours.
(Ord. No. 2005-44, § 14; Ord. No. 09-08, § 14) Written Corrective Notices issued by County
Investigators acting pursuant to this Ordinance
Sec. 54-189. Assessment right to hearings on shall state the date observed, nature of the of-
declaration of public nuisance fense committed,corrective measures to be taken
and assessment. and the date on or before which such corrections
shall be made.
(a) Any property owner receiving the Notice of Any person who has been served with such
Violation pursuant to this ordinance may contest notice in accordance with the provisions of this
this determination by filing an application for a Ordinance, and who neglects or refuses or fails to
hearing before the Special Magistrate within fif- fully comply with the corrective notices so ordered
teen(15)days from the date affixed on the Notice and/or to comply within the time frame so ordered
of Violation, dependent upon the notice and type therein, shall be in violation of this Ordinance.
of proceeding. (Ord. No. 2005-44, § 16; Ord. No. 09-08, § 16)
(b) Every owner of real property within unin- Sec. 54-191. Immediate corrective action.
corporated Collier County is required to maintain
such property in a manner so as not to violate the In the event the County Manager, or his desig-
provisions of this ordinance, and such owner nee, determines or has reason to believe that a
remains liable for violations thereof regardless of violation including, but not limited to, accumula-
any contract or agreement with any third party tion of weeds or litter presents a serious threat to
regarding such property. the public health,safety or welfare of the public or
Supp.No.25 CD54:33
§54-191 COLLIER COUNTY CODE
that the violation is of such a nature as to require (b) Exemption from lot mowing program. Indi-
immediate correction, the violator may be re- vidual property owners of record whose real prop-
quired by notice to effectuate immediate correc- erty is included in the County's mandatory lot
tive measures upon receipt of the notice. The mowing program,may request an exemption from
notice, substantially in the form set forth in this inclusion in the program by submitting to the
Ordinance,shall advise the owner that the County County Manager, or his designee, a signed writ-
will remedy the hazardous condition as soon as ten agreement,acceptable to the County,covenant-
possible.To be effective,the notice shall be served ing that the property owner will maintain the
upon the occupant if the property is occupied or property so that the height of any grass,weeds,or
physically posted on the property and sent by otherwise regulated vegetative matter will not
certified mail to the owner as his/her name ap- constitute a public nuisance or exceed eighteen
pears on the records of the property appraiser. inches in height. In addition, the property owner
(Ord. No. 2005-44, § 17; Ord. No. 09-08, § 17) must provide a letter of credit, contract agree-
ment, escrow agreement, or some other surety
Sec. 54-192. Procedures for and effect of with a mowing company that is acceptable to the
mailed notices. County. The surety provided may vary, but must
remain in effect throughout the property owner's
Notices shall be mailed to the violator's ad- ownership of the property(s).The agreement must
dress indicated on the records of the Collier also include a provision of understanding by the
County Property Appraiser of such lot or parcel of owner that should he/she fail to keep the contract
land for ad valorem taxation purposes, whether agreement and ensure no violation to this Ordi-
mailed by regular U.S. Postal Service upon the nance exists on the property(s), the agreement
person, for the purpose of this article.A property approved by the County will become null and
owner is deemed to have received a mailed notice void. In that event, the property owner would be
on the 10th day after the notice is placed in the provided written notice that the lot mowing pro-
United States mail. Evidence that the proper gram exemption would be revoked by a date
notice has been mailed is sufficient to demon- certain and the property would be placed in the
strate that the notice requirements of this article Mandatory Lot Mowing Program, and not be
have been met, without regard to whether the entitled to any further exemptions so long as the
property owner actually received such notice. property is owned by the same property owner(s).
Refusal to accept service of such notices by a
property owner or its agent will not defeat this (c) Mandatory Lot Mowing Invoice Billing. The
personal service,nor bar the county from proceed- County Manager, or his designee, will mail an
ing with enforcement, creating lawful liens, and invoice to the owner(s) of property(s) included in
performing the necessary abatement under this the Mandatory Lot Mowing Program. Invoice
article. It is the property owner's responsibility to billing amounts will include actual costs incurred
maintain a current address with the Collier County for mowing, plus an administrative fee. The in-
Property Appraiser's office at all times. voice will be mailed to the address listed with the
(Ord. No. 2005-44, § 18) Collier County Property Appraiser's Office as the
tax roll address of record. Notice to owner(s) of
Sec. 54-193. Procedures for mandatory lot account balance requirements is accomplished in
mowing program. this Section, and receipt of the invoice will not
defeat this personal service, nor bar the County
(a) Inclusion in mandatory lot mowing pro- from proceeding with enforcement, creating law-
gram. If a public nuisance is determined to exist ful liens, and performing the necessary abate-
three or more times after July 15, 2001, on a
ment under this Ordinance.
particular lot or parcel of unimproved property
while under the same ownership, then at the (d) Failure to comply with payment of a Man-
discretion of the County Manager,or his designee, datory Lot Mowing invoice, as set forth in Sub-
such property will be placed in the Mandatory Lot section(3)above,will constitute a violation of this
Mowing Program, as set forth below. Ordinance. If, after thirty (30) days of mailing,
Supp.No. 25 CD54:34
ENVIRONMENT §54-272
tion of the best methods to remove and/or member removal from office are governed by
prevent an algae bloom in order to restore Collier County Ordinance No. 2001-55, or by its
Lake Trafford to its unpolluted condi- successor ordinance.
tion; (Ord. No. 02-18, § 4, 4-23-02)
(2) Identify available funding sources to fund
with the restoration project; and Sec. 54-255. Officers; quorum; rules of
(3) Prepare written findings and recom- procedure.
mendations to the Board of County Corn- At its earliest opportunity, the membership of
missioners. the task force shall elect a chairperson and vice
(Ord. No. 02-18, § 2, 4-23-02) chairperson from among the members. Officers'
terms shall be for a period of one year, with
Sec. 54-253. Appointment and composition; eligibility for reelection.
terms of office;attendance and
filling vacancies. The presence of seven or more members shall
constitute a quorum of the task force necessary
The task force shall be composed of 13 members to take action and transact business.
whose representation shall include, but not be
limited to,individuals representing the Audubon The task force shall, by majority vote of the
Society, the South Florida Water Management entire membership, adopt rules of procedure for
District,the Florida Fish and Wildlife Conserva- the transaction of business and shall keep a
tion Commission, the Department of written record of meetings, resolutions, findings
Environmental Protection,the Big Cypress Basin, and determinations. Copies of all task force
the Immokalee Chamber of Commerce, the minutes, resolutions, reports, and exhibits shall
Conservancy, environmental specialists, marine be submitted to the Board of County Commis-
consultants, and private individual citizens from sioners.
Immokalee with an interest in the preservation (Ord. No. 02-18, § 5, 4-23-02)
of Lake Trafford. Candidates for the task force
shall be sought in accordance with the provisions Sec. 54-256. Review process.
of Collier County Ordinance 2001-55.
This task force shall be reviewed once every
Terms of office of members of the task force four years in accordance with the procedures
shall be for four years. Members of the task force contained in Ordinance No. 2001-55.
shall be appointed by and serve at the pleasure (Ord. No. 02-18, § 6, 4-23-02)
of the Board of County Commissioners. Members
shall meet the qualifications for membership Secs. 54-257-54-270. Reserved.
and requirements as outlined in Section Five of
Ordinance No. 2001-55.
Appointment of members to the task force ARTICLE IX. CONSERVATION COLLIER
shall be by resolution of the Board of County PROGRAM
Commissioners, which resolution shall set forth
the date of appointment and the term of office. Sec. 54-271. Name.
Appointments to fill any vacancies on the task
force shall be for the remainder of the unexpired This article shall be known as Conservation
term of office. Collier Implementation Ordinance.
(Ord. No. 02-18, § 3, 4-23-02) (Ord. No. 02 63, § 1, 12 3 02)
Sec. 54-254. Removal from office;failure to Sec. 54-272. Objectives.
attend meetings. Conservation Collier is therefore hereby
Task force membership attendance require- established to acquire, preserve, restore, and
ments, including failure to attend meetings and maintain vital and significant threatened natural
�.- Supp. No. 82 CD54:39
§54-272 COLLIER COUNTY CODE
lands, forest, upland and wetland communities (e) To protect present conservation lands by
located in Collier County, for the benefit of acquiring, protecting and managing adjacent
present and future generations. properties which,if not acquired,would threaten
(Ord. No. 02-63, § 2, 12-3-02) the environmental integrity of the existing
resource, or which, if acquired, would enhance
Sec. 54-273. Findings. and buffer the environmental integrity of the
(a) The foregoing recitals are true and correct resource, and add to resource connectivity;
and incorporated herein by reference. (f) To restore the natural functions, as neces-
(b) All ad valorem funds generated hereby sary, to any impacted and vulnerable habitats
shall be collected by the Collier County Tax which would then contribute significantly to
Collector. fulfilling this program's goals;
(c) The County Manager or his or her designee, (g) To help implement the objectives and poli-
shall administer this program in accordance cies of the Collier County Growth Management
with the procedures and criteria provided for Plan which have been promulgated to preserve
herein. and protect environmental protection areas
(Ord. No. 02-63, § 3, 12-3-02) designated in the Plan and other natural forest
resources,wetlands,endangered species habitat,
Sec. 54-274. Purpose and intent. and vulnerable rare habitats;
(a) To acquire, protect and manage
environmentally sensitive lands that contain (h) Upon recommendation by staff or the Board,
natural upland or wetland communities, native to utilize a qualified third-party entity to identify
plant communities, rare and endangered flora Collier County's best and most endangered
and fauna, endemic species, endangered species environmental lands for acquisition, protection
habitat, a diversity of species, significant water and management by evaluating the biological
resources, or outstanding aesthetic or other and hydrological characteristics and viability of
natural features, maximizing protection of Col- the resource,the vulnerability of the resource to
her County's rarest,most unique and endangered degradation or destruction, and the feasibility of
habitats; managing the resource to maintain its natural
attributes;
(b) To acquire, protect and manage
environmentally sensitive lands that offer the (i) To manage acquired environmentally sensi-
best human social value, including equitable tive lands with the primary objectives of maintain-
geographic distribution, natural resource-based ing and preserving their natural resource values,
recreation, and protection of water resources, and providing appropriate natural resource-
local ecological awareness, and enhancement of based recreational and educational opportuni-
the aesthetic setting of Collier County; ties, by employing management techniques that
(c) To acquire, protect and manage are most appropriate for each native community
environmentally sensitive lands that serve to so that our natural heritage may be preserved
recharge the County's aquifers and protect its and appreciated by and for present and future
wetlands and surface water resources to ensure generations;
the delivery of clean and plentiful water supplies
and provide flood control; (j) To have the acquired sites available, with
minimal risk to the environmental integrity of
(d) To acquire, protect and manage the site, to educate Collier County's school-age
environmentally sensitive lands containing the population and the general public about the
most biological value,including biodiversity,listed uniqueness and importance of Collier County's
species habitat,connectivity,restoration potential, subtropical ecosystems and natural communi-
and ecological quality; ties;
Supp. No. 82 CD54:40
(k) To protect natural resources which lie
within the boundaries of other conservation land
acquisition programs, where Conservation Col-
lier funds would leverage significant other match-
ing sources of funding for other agency acquisition
projects that would not be available without
such a local match, or which would result in
considerably higher funding rank in another
program, however, Collier County shall exclude
Municipalities within the County from any
requirement to provide matching funds; and,
(l) To cooperate actively with other acquisi-
tion, conservation, and resource management
programs that operate within the County's Area,
including, but not limited to, such programs as
the State of Florida, the Land Acquisition Trust
Fund, Florida Forever, Florida Communities
Trust, and Save Our Rivers program, where the
purposes of such programs are consistent with
the purposes of Conservation Collier as stated
hereinabove.
(Ord. No. 02-63, § 4, 12-3-02; Ord. No. 2019-03,
§ 4)
Sec. 54-275. Definitions.
The following words and phrases, when used
in this article, shall have the meanings ascribed
to them in this section:
Acquisition project shall mean (a) parcel(s) of
land approved by the Board of County Commis-
sioners for conservation by the county in
accordance with procedures provided for herein.
Acquisition proposal shall mean (a) parcel(s)
of land which has/have been nominated or recom-
mended for conservation in accordance with the
procedures provided for herein.
Authorized Purpose means expenditures
authorized herein.
Buffer land shall mean that land which is
adjacent to publicly-owned environmental land,
or privately held land permanently dedicated to
conservation, or that land which is an in-holding
within publicly-owned environmental land, and
which, if not acquired, would threaten the
environmental integrity of the existing resource,
or if acquired, would enhance the environmental
integrity and connectivity of the resource.
Environmentally sensitive land shall mean
that land which contains natural upland or
wetland communities, native plant communities,
rare and endangered flora and fauna, endemic
species, endangered species habitat, a diversity
of species, significant water resources, or outstand-
ing aesthetic or other natural features.
Management shall mean the preservation,
enhancement, restoration, conservation, monitor-
ing, or maintenance of the natural resource
values of environmentally sensitive lands which
have been acquired or approved for management
under Conservation Collier, including provision
of appropriate public access.
Natural resource-based recreation shall mean
all forms of uses which are consistent with the
goals of this program, and are compatible with
the specific parcel. Such uses shall include, but
not be limited to, hiking, nature photography,
bird-watching, kayaking, canoeing, swimming,
hunting and fishing.
Non-profit organization shall mean an organiza-
tion as defined in section 501 of the United
States Internal Revenue Code, operating in Col-
lier County, which includes among its primary
goals the conservation of natural resources and
the protection of the environment.
Target Protection Areas shall mean larger
areas of environmentally sensitive land within
which are located specific sites which generally
satisfy the initial screening criteria and meet the
goals of Conservation Collier.
Urban Area shall mean those areas designated
as Urban on the Collier County Future Land Use
Map.
(Ord. No. 02-63, § 5, 12-3-02; Ord. No. 2019-03,
§ 5)
Sec. 54-276. Creation of the Conservation
Collier Acquisition Trust
Fund.
Collier County shall establish the Conserva-
tion Collier Acquisition Trust Fund for use in
acquiring environmentally sensitive lands in
§ 54-276ENVIRONMENT
CD54:41Supp. No. 112
Collier County. This fund shall receive and
disburse monies in accordance with the provi-
sions herein.
(1) The Conservation Collier Acquisition
Trust Fund shall receive monies from the
following sources:
a. All monies accepted by Collier
County in the form of federal, State,
or other governmental grants,
reimbursements, allocations, or
appropriations, foundation or private
grants, donations for acquisition of
environmentally sensitive lands and
payments provided for mitigation
activity associated with such acquisi-
tion activity.
b. Such additional allocations as may
be made by the Board of County
Commissioners from time to time
for the purposes set forth herein.
c. All interest generated from the
sources identified herein except
where monies received have been
otherwise designated or restricted.
d. Supplementation from the Conserva-
tion Collier Management Trust
Fund, but only with the approval of
the Collier County Board of County
Commissioners.
e. Up to Seventy-five percent (75%) of
all revenues collected for Conserva-
tion Collier. This percentage shall
be reviewed annually by the Board.
f. The proceeds of any property
acquired with funds from the
Conservation Collier Acquisition
Trust Fund that is leased or sold by
the County, said proceeds, as
determined by the Board of County
Commissioners, to be committed
either to the Conservation Collier
Acquisition Trust Fund or to the
Conservation Collier Management
Trust Fund for the purposes provided
for herein. Any such sale or lease
shall only be in accordance with the
goals of this Program.
g. Prior to acquiring land located within
a Municipality's boundaries,
approval must first be obtained from
the governing body of that Municipal-
ity.
(2) The Conservation Collier Acquisition
Trust Fund shall be maintained in a
separate and segregated trust fund of the
County to be used solely for the authorized
purposes set forth herein, and for any
other County purpose deemed to be in
the best interest of the public by majority
vote of the Board of County Commission-
ers.
(3) Disbursements from the Conservation
Collier Acquisition Trust Fund shall be
made only for the following authorized
purposes:
a. Acquisition of properties which have
been approved for purchase by the
Board of County Commissioners.
b. Costs associated with each acquisi-
tion including, but not limited to,
appraisals, surveys, environmental
reports, title commitments and insur-
ance policies, real property taxes,
documentary stamps and surtax fees,
and other transaction costs.
c. Costs of administering Conserva-
tion Collier, including any loans from
the General Fund for funding
start-up costs until such time as the
fund is closed. Administration of
the program may be conducted by
County staff or by contract with a
private or not for profit entity subject
to meeting all County and Conserva-
tion Collier purchasing policies.
Administrative costs shall be limited
to the greatest extent possible.
d. Costs to acquire and dispose of real
and personal property or any inter-
est therein when necessary or
appropriate to protect the natural
environment, provide public access
or public recreational facilities,
preserve wildlife habitat areas or
provide access to management of
§ 54-276 COLLIER COUNTY CODE
CD54:42Supp. No. 112
acquired lands; to acquire interests
in land by means of land exchanges;
and to enter into alternatives to the
acquisition of fee interests in land,
including, the acquisition of ease-
ments, life estates, leases, and lease-
back arrangements.
e. Acquisitions consistent with Collier
County Land Development Code and
the Growth Management Plan.
f. To cooperate with other local,
regional, state, or federal public land
acquisition programs. In such cases,
the County may enter into
contractual or other agreements to
acquire lands jointly or for eventual
resale to other public land acquisi-
tion programs in Collier County.
g. All lands acquired and titled solely
in the name of Collier County shall
be managed by Collier County,
wherever located, unless by mutual
written agreement management
arrangements and responsibilities
are undertaken with other local,
regional, state, or federal agencies.
All lands jointly acquired with other
local, regional, state, or federal agen-
cies, including Municipalities, shall
include, as part of the acquisition
process, some mutual written agree-
ment regarding the responsibilities
of the joint owners for maintenance.
h. To borrow money through the issu-
ance of bonds for the purposes
provided herein, to provide for and
secure the payment thereof, and to
provide for the rights of the holders
thereof.
i. To invest any funds held in reserves
or sinking funds, or any funds not
required for immediate disburse-
ment, in such investments as may
be authorized for trust funds under
F.S. § 215.47, as amended.
j. To insure and procure insurance
against any loss in connection with
any of the trust's operations, includ-
ing without limitation:
a. The repayment of any loans to
mortgage lenders or mortgage
loans;
b. Any project;
c. Any bonds of the County.
Insurance may be procured in such
amounts and from such insurers,
including the Federal Government,
as may be deemed necessary or
desirable by Collier County.
k. To engage the services of private
consultants on a contract basis for
rendering professional and techni-
cal assistance and advice.
l. To identify parcels of land that would
be appropriate acquisitions.
m. To do any and all things necessary
or convenient to carry out the
purposes of, and exercise the powers
given and granted herein to the full
extent of the law.
n. Funds may be transferred out of the
Conservation Collier Acquisition
Trust Fund for any other County
purpose if found to be in the best
interest of the public by majority
vote of the Board of County Commis-
sioners.
(Ord. No. 02-63, § 6, 12-3-02; Ord. No. 07-65, § 6;
Ord. No. 2019-03, § 6; Ord. No. 2023-47, § 1)
Sec. 54-277. Creation of the Conservation
Collier Management Trust
Fund.
There is hereby created the Conservation
Collier Management Trust Fund (hereinafter
referred to as the Conservation Collier Manage-
ment Trust Fund) for the preservation, enhance-
ment, restoration, conservation and maintenance
of environmentally sensitive lands that either
have been purchased with monies from the
Lands Acquisition Trust Fund, or have otherwise
been approved for management. The Finance
§ 54-277ENVIRONMENT
CD54:43Supp. No. 112
Director is hereby authorized to establish the
Conservation Collier Management Trust Fund
and to receive and disburse monies in accordance
with the provisions of this section.
(1) The Conservation Collier Management
Trust Fund shall be maintained in a
separate and segregated trust fund of the
County to be used solely for the authorized
purposes set forth herein and for any
other County purpose deemed to be in
the best interest of the public by majority
vote of the Board of County Commission-
ers.
(2) The Conservation Collier Management
Trust Fund shall receive monies from the
following sources:
a. Revenues collected for Conserva-
tion Collier in an amount no less
than 25% of the total collected in
any one year.
b. All monies accepted by Collier
County in the form of federal, State,
or other governmental grants, alloca-
tions, or appropriations, as well as
foundation or private grants and
donations, for management of lands
acquired with the Conservation Col-
lier Acquisition Trust Fund or
otherwise approved for manage-
ment.
c. Additional allocations as may be
made by the Board of County Com-
missioners as necessary from time
to time for purposes strictly
consistent with the goals and
purposes of Conservation Collier.
d. All interest generated from the
sources identified herein, except
where monies received have been
otherwise designated or restricted.
e. Supplementation from the Conserva-
tion Collier Acquisition Trust Fund,
but only with the approval of the
Collier County Board of County Com-
missioners.
(3) Disbursements from the Conservation
Collier Management Trust Fund shall be
made by the County Manager or his or
her designee only in accordance for the
authorized purposes set forth herein and
as approved by the Board of County
Commissioners.
(4) Funds may be transferred out of the
Conservation Collier Management Trust
Fund for any other County purpose if
found to be in the best interest of the
public by majority vote of the Board of
County Commissioners.
(Ord. No. 02-63, § 7, 12-3-02; Ord. No. 2011-12,
§ 1; Ord. No. 2019-03, § 7; Ord. No. 2023-47, § 2)
Sec. 54-278. Land Acquisition Advisory
Committee.
1. Creation and Purpose: The Land Acquisi-
tion Advisory Committee is hereby established
to assist the Board of County Commissioners in
establishing an Active Properties Acquisition
List with qualified purchase recommendations
consistent with the goals of Conservation Collier.
When active acquisition phases are not in place,
the Land Acquisition Committee's role shall be
to review and make recommendations to the
Board on the management and programs of the
preserved land.
2. Appointment and Composition: The Land
Acquisition Advisory Committee shall be composed
of nine (9) members who are appointed by and
will serve at the pleasure of the Board of County
Commissioners in accordance with Ordinance
No. 2001-55, as amended. Membership of the
Land Acquisition Advisory Committee shall
comprise broad and balanced representation of
the interests of Collier County citizens, includ-
ing:
a. Environmental, land management and
conservation interests in Collier County;
b. Agricultural and business interests in
Collier County;
c. Educational interests in Collier County;
and
d. General civic and citizen interests from
throughout the county.
§ 54-277 COLLIER COUNTY CODE
CD54:44Supp. No. 112
Individual members of the Land Acquisition
Advisory Committee shall have expertise,
knowledge or interest in ecology, conservation
of natural resources, real estate or land acquisi-
tion, land appraisal, land management, eco-
tourism or environmental education. A nominee
shall submit to the Board of County Commis-
sioners written evidence of his or her expertise,
knowledge or interest in any of the above. The
members of this committee should include
representatives from different areas of Collier
County.
3. Terms of Office: The initial terms of office
of the members shall be staggered between the
individual interests, for balance purposes, and
be set as follows:
a. Three (3) members shall serve three (3)
years.
b. Three (3) members shall serve two (2)
years.
c. Three (3) members shall serve one (1)
year.
Thereafter, all appointments shall be for a
term of three (3) years. The process for appoint-
ments and terms of office shall be governed by
Collier County Ordinance No. 2001-55, as
amended.
§ 54-278ENVIRONMENT
CD54:44.1Supp. No. 112
kraol ENVIRONMENT §54-279
4. Officers, Quorum and Rules of Procedure: goals and primary criteria of Conserva-
At its earliest opportunity, the membership of tion Collier may not be modified except
the Committee shall elect a chairperson and vice by countywide referendum vote.
chairperson from among the members. Officers' c. The Land Acquisition Advisory Commit-
terms shall be for a period of one (1) year, with tee shall have no power or authority to
eligibility for reelection. commit Collier County to any policies, to
The presence of five(5)or more members shall incur any financial obligations or to create
constitute a quorum of the Committee necessary any liability on the part of the County.
to take action and transact business, unless The actions and recommendations of the
active acquisition phases are not in place in Land Acquisition Advisory Committee
which case four (4) or more members shall are advisory only and shall not be bind-
constitute a quorum. The Committee shall, by ing upon the County unless approved or
majority vote of the entire membership, adopt adopted by the Board of County Commis-
rules of procedure for the transaction of busi- sioners.
ness. The Land Acquisition Advisory Committee d. At such time as there are insufficient
shall comply with the applicable requirements of uncommitted funds in the Conservation
the Florida Sunshine Law, and shall keep a Collier Acquisition Trust Fund to conclude
written record of meetings, resolutions, findings another acquisition and all acquisition
and determinations in accordance with F.S. ch. projects have been closed, the Land
112. Copies of all Committee minutes, resolu Acquisition Advisory Committee shall
tions, reports, and exhibits shall be submitted to report to the County Commission and
the Board of County Commissioners. revert to a land management oversight
5. Attendance and Vacancies: Committee function. If funds remain in the Conserva-
member attendance requirements, including tion Collier Acquisition Trust Fund these
failure to attend meetings and member removal funds shall then be reviewed for recom-
from office are governed by Collier County mendation of transfer to the Conserva-
Ordinance No. 2001-55, as amended. tion Collier Management Trust Fund
and transferred upon approval of the
6. Functions, Powers and Duties of the Land Board of County Commissioners.
Acquisition Advisory Committee: The Land Thereafter, unless and until additional
Acquisition Advisory Committee shall have the funds are appropriated by the Board for
following duties and responsibilities: the purpose of acquiring additional
a. The Land Acquisition Advisory Commit- Conservation Collier Program acquisi-
tee's primary responsibility is to recom- tions,the Land Acquisition Advisory Com-
mend to the Board of County mittee shall generally meet on a quarterly
Commissioners an Active Properties basis to review and make recommenda-
Acquisition List with qualified purchase tions to the Board as warranted regard-
recommendations consistent with the ing the management and programs of the
goals of Conservation Collier and pursu- preserved land.
ant to the policies outlined herein below. (Ord. No. 02-63, § 8; Ord. No. 07-65, § 8; Ord.
b. The Land Acquisition Advisory Commit- No. 2014-18, § 1;Ord. No. 2015 16, § 1;Ord. No.
tee may,from time to time,recommend to
2019-03, § 8)
the Board of County Commissioners Sec. 54-279. Property eligible for acquisi-
proposed expenditures from the Conserva-
tion and management.
tion Collier Trust Funds;additional selec-
tion or acquisition policies, procedures, 1. Properties eligible to be considered for
and programs;and other such matters as acquisition and management under Conserva-
may be necessary to fulfill the purposes tion Collier shall be only environmentally sensi-
of Conservation Collier. However, the tive lands available from willing and voluntary
Supp. No. 89 CD54:45
§54-279 COLLIER COUNTY CODE
participants, with acquisition priority given to (5) Land which enhances and/or protects the
those properties located within, but not limited environmental value of current conserva-
to, the Urban Area of Collier County. tion lands through function as a buffer,
2. Acquisition of property shall not be ecological link, or habitat corridor.
constrained based on the immediate availability (6) Any qualified land which meets at least
of management money. two of the above criteria and has match-
ing funds available and/or which
3. Any environmentally sensitive land not on Conservation Collier funds availability
the acquisition list which is offered for convey- would leverage a significantly higher fund-
ance or donation to Collier County and is proposed ing rank in another acquisition program.
for management by Conservation Collier shall be
evaluated as provided for herein below and may (b) Those proposed acquisition proposals which
only be accepted and approved for management are initially qualified under the screening criteria
shall be evaluated and ranked by the staff and by the Board of County Commissioners.
(Ord. No. 02-63, § 9; Ord. No. 2019-03, § 9) Land Acquisition Advisory Committee using
Secondary Ranking Criteria based on site visit
information which confirms or refutes the initial
Sec. 54-280. Criteria for evaluating lands screening criteria evaluation, and based on
for acquisition and manage- comparative size (to prefer larger of similar
ment. parcels), vulnerability to destruction (to prefer
(a) The evaluation of each acquisition proposal most threatened of qualified parcels), overall
shall be based on satisfying at least two of the resource ecological quality (to prefer highest
initial screening criteria below. Qualified sites quality of similar parcels) and the estimated
shall then be further prioritized by secondary feasibility and costs of management (to prefer
Levaluative criteria listed below under Subsection the most manageable parcels).
.,/(b). The initial screening criteria are: (c) The Board of County Commissioners hereby
(1) Land with the most rare, unique and shall approve and make a part hereof the attached
endangered habitats found in Collier initial list of Target Protection Areas within
which are located specific sites which generally County, order of preference: tropical
hardwood hammocks, xeric oak scrub, satisfy the initial screening criteria and meet the
goals of Conservation Collier. Inclusion on this coastal strand, native beach, xeric pine,
riverine oak, high marsh (saline), tidal list is not a guarantee of any specific purchase.
freshwater marsh, other native habitats. All specific proposals will be evaluated and
ranked by staff and the Land Acquisition Advisory
(2) Lands offering the best human social Committee for a recommendation of approval to
values, including equitable geographic the Board of County Commissioners. In
distribution,appropriate access for natural accordance with the goals,policies and procedures
resource-based recreation, and enhance- of this Conservation Collier Implementation
ment of the aesthetic setting of Collier Ordinance,the following list is the Target Protec-
County. tion Areas adopted for consideration by the Land
(3) Land which protects the most water Acquisition Advisory Committee, County Staff
and the Board of County Commissioners.
resource values, including aquifer
recharge, water quality, wetland (1) All designated Urban lands with
dependant species habitat, and flood predominantly native vegetative cover.
control. (2) All Collier County Natural Resource
(4) Land containing the most biological value, Protection Areas and Sending Lands, as
including biodiversity, listed species
habitat,connectivity,restoration potential,
and ecological quality.
Supp. No. 89 CD54:46
ENVIRONMENT §54-281
L.--
shown on the Future Land Use Map of Land Acquisition Advisory Committee.
the Collier County Growth Management It is established and updated in
Plan. accordance with Conservation Collier
(3) All undeveloped lands with predominately goals, procedures and criteria.
native vegetative cover in the Northern (2) The Active Acquisition List shall consist
Golden Gate Estates, as shown on the of criteria-qualified sites that have been
Future Land Use Map of the Collier selected from Target Protection Areas,as
County Growth Management Plan. well as qualified acquisition proposals
(4) The Flow-way and Habitat Stewardship submitted to the Land Acquisition
Areas as depicted on the Future Land Advisory Committee by the public, all of
Use Map of the Collier County Growth which have had applications submitted
Management Plan. by property owners. The Active Acquisi-
tion List shall separate proposals into
(d) The County Manager shall prepare and three (3) categories: A (pursue acquisi-
periodically update for presentation to the Board tion); B (hold for re-ranking in the next
of County Commissioners, a Conservation Col- cycle); and C (no interest in acquiring).
her Program Manual,developed by staff and the The A-category parcels/projects shall be
Land Acquisition Advisory Committee, which, further categorized as 1(high priority),2
upon approval by the Board of County Commis- (medium priority), and 3 (low priority),
sioners, shall be used as a guide for implement- in order to give County staff direction as
ing the provisions of this ordinance, and shall to priority for acquisition tasks. The
also include the initial and secondary criteria Active Acquisition List shall be updated
listed herein above for evaluating Conservation periodically according to Conservation
Collier Acquisition Proposals. Commencement of Collier procedures and criteria. Site
the acquisition and management program shall acquisition proposals that receive the
be immediate upon approval by the Board of highest evaluations pursuant to the
County Commissioners,passage of the referendum Conservation Collier criteria and for which
and appointment of the Land Acquisition Advisory acquisition is feasible will be placed on
Committee, even if the manual has not been this list,pending recommendation by the
completed. Land Acquisition Advisory Committee
(Ord. No. 02-63, § 10;Ord. No. 07-65, § 10;Ord. and approval by the Board of County
No. 2019-03, § 10) Commissioners.
Sec. 54-281. Acquisition list. (3) Once approved by the Board of County
Commissioners,the County shall actively
The overall Conservation Collier Acquisition pursue acquisition of A-category projects
List shall consist of two specific lists: the Target on the Active Acquisition List. All sites
Protection Areas List and the Active Acquisition shall be pursued on a voluntary "willing
List. The Land Acquisition Advisory Committee participant" basis only, without the use
and Board of County Commissioners shall approve of the County's eminent domain powers.
both in accordance with the procedures set forth (4) Projects will only be removed from the
below: Active Acquisition List by successful
(1) The Target Protection Areas List shall purchase of the site, approval of the next
consist of lands representing the highest succeeding list, withdrawal of positive
natural resource values(such as Natural interest by the property owner, or by
Resource Protection Areas), but gener- resolution of the Board of County Com-
ally not specific parcels, and is initially missioners. Projects removed may still
approved by the Board of County Corn- be considered at a later time.
missioners and updated periodically by (Ord. No. 02-63, § 11, 12-3-02; Ord. No. 07-65,
the Board of County Commissioners and § 11)
\t„/ Supp. No. 82 CD54:47
§54-282 COLLIER COUNTY CODE
Sec. 54-282. Nomination of acquisition Sec. 54-283. Procedure for selection of
proposals and candidate sites. acquisition proposals for place-
ment on the active acquisition
(a) Nominations for the Conservation Collier list and subsequent purchase
Program may be made by any person or organiza- procedures.
tion, including Collier County, regional, State or
Federal agencies, by contacting program staff in (a) Acquisition proposals for which applica-
writing and providing positive identification of tions have been received shall be prescreened
the parcel/project through a map or folio using the initial screening criteria. Those that
number(s). Staff will send an inquiry to the satisfy two (2) out of six (6) of the Initial
owner in the form of an interest letter advising of Screening Criteria shall be forwarded to the
the nomination and asking if the owner wishes Land Acquisition Advisory Committee for a vote
to submit an application for consideration to the for a complete evaluation.
Conservation Collier Program. (b) Acquisition proposals which do not satisfy
(b) An owner may nominate his or her own the initial screening criteria or which satisfy
property by submitting an application. initial screening criteria but for other reasons
may not fulfill the purposes of Conservation
(c) County staff will send letters of interest to Collier will be reported to the Land Acquisition
property owners within Target Protection Areas Advisory Committee and shall not be evaluated
as directed by the Land Acquisition Advisory further unless at least five [5] members of the
Committee asking if the owner wishes to submit Land Acquisition Advisory Committee vote for a
an application for consideration to the Conserva- complete evaluation.
tion Collier Program.
(c) Proposals which satisfy the initial screen-
(d) An application submitted by the property ing will be further evaluated for presentation to
owner to the County Manager or his designee the Land Acquisition Advisory Committee for
shall be evidence of a willing seller. review and ranking by staff or a qualified third-
party. Evaluation shall include a site visit,which
(e) While public and landowner applications staff shall coordinate with the property owner,
nominating properties for acquisition may be and which may include one advisory committee
submitted at any time, during or after the first member,review of information about the parcel(s)
annual public solicitation meeting (described available in the county's electronic databases
below),applications shall be gathered and evalu- and research into any other records retained by
ated within the framework of an acquisition the county about the parcel(s). Using both
cycle, which time frame shall be publicly observed and gathered data staff or a qualified
announced. third party shall prepare an Initial Criteria
Screening Report(ICSR)which will include bound-
(f) There will be an annual public meeting for ary and location maps for each site, descriptions
the purpose of updating the Board of County of the biological and hydrological characteristics,
Commissioners and the public and for soliciting including initial criteria satisfied, a summary of
proposals and applications if the program is in a its potential for appropriate use, development
buying cycle. The first such meeting will take potential of the site and adjacent land,an assess-
place at the end of the first year of implementa- ment of the management needs and costs, the
tion of Conservation Collier. assessed and estimated value,and any
potentially
available matching funds.
(g) Owner interest shall be disclosed in applica-
tions in the same manner as required of zoning (d) Upon completion of the ICSR, the Land
applicants by the Collier County Land Develop- Acquisition Advisory Committee shall hold a
ment Code. public hearing where staff will present informa-
(Ord. No. 02-63, § 12;Ord. No. 07-65, § 12;Ord. tion contained in the ICSR regarding each site,
No. 2019-03, § 12) the applicants' and/or landowners' comments,
Supp. No. 82 CD54:48
ENVIRONMENT §54-284
and comments from the public. A courtesy notice a Project Design Report for each parcel/project,
shall be provided to the owners of properties including cost, history, purpose of project, and
which are the subject of the hearing, although program qualifications.
failure to notify said owners shall not invalidate (i) After obtaining a recommendation from
these proceedings. the Land Acquisition Advisory Committee, the
(e) After all properties within the current contract,Project Design Report and Land Acquisi
acquisition cycle have been presented, the Land tion Advisory Committee recommendation will
Acquisition Advisory Committee shall evaluate be presented to the Board of County Commission-
all qualified proposals using criteria, as ers at a public hearing for their review and
documented in the ICSR along with, public approval.
comments, and their own experience and judg- (j) The Board of County Commissioners shall
ments and then rank theparcels accordingto The Board of County Commissioners shall
have final approval authority of the contract
the A, B and C ranking categories to create a terms for each proposed project and shall authorize
recommended Active Acquisition List at a public any and all purchases.
hearing. Additional meetings may be called to
complete this task. (k) Once a contract has been approved and
executed by the Board of County Commissioners
(f) The recommended Active Acquisition List in accordance with County policies, Real Estate
shall be forwarded to the Board of County Com- Services shall proceed to close on the purchase of
missioners, who, in a public meeting, shall vote property in accordance with County policies.
on whether to approve all or part of the proposed (Ord. No. 02-63, § 13; Ord. No. 07-65, § 13;Ord.
Active Acquisition List. Properties may be added No. 2019-03, § 13)
but any additional properties must be subjected
to the entire evaluation process. Sec. 54-284. Management plans and use of
environmentally sensitive
(g) County Staff shall notify property owners lands.
and the public of the final approved Active (a) No later than ninety (90) days from the
Acquisition List. date of acquisition,an interim management plan
(h) After approval of the Active Acquisition for any property acquired shall be submitted by
List, Real Estate Services staff will arrange for County staff to the Land Acquisition Advisory
appraisals for A-category parcels/projects and Committee for approval. Upon approval, the
when appraisals are received make an offer to plan shall be submitted to the Board of County
the owner(s)pursuant to the approved Conserva Commissioners for final approval and shall be
tion Collier Land Acquisition Purchase Policy implemented by the County Manager pursuant
(Resolution No. 2003-195, or as superseded). to the Board's direction. Any such interim
Parcels located within the Rural Fringe Mixed management plan(s)
Use District "Sending" lands are subject to
additional requirements regarding Transfer of
Development Rights (TDR) credits, as specified
in the Conservation Collier Land Acquisition
Purchase Policy, Resolution 2003-195, or as
superseded. Once an offer is accepted, Real
Estate Services staff will prepare a contract and.
request the owner sign. This signed contract will
be presented to the Land Acquisition Advisory
Committee at a public meeting to decide, by
majority vote, whether to recommend approval
of the contract to the Board of County Commis-
sioners. Along with the contract,staff will provide
Supp. No. 82 CD54:48.1
Loi ENVIRONMENT §54-332
as amended, also known as the Conservation organization for the purpose of perma-
Collier Ordinance, shall be determined by the nent preservation is exempt from this
rarity and diversity of native ecosystems,function article.
of the habitat in terms of its ability to support (Ord. No. 2006-58, § 5)
wildlife, adjacency to or connectivity between
existing program lands, and the presence of state Secs. 54-306-54-330. Reserved.
or federally listed species. If the affected program
lands are not environmentally sensitive lands, as ARTICLE XI. PRESERVE LANDS
defined in Section 5.6 of Ordinance No. 2002-63,
as amended, the land offered for compensation
pursuant to section 54-304 of this article shall Sec. 54-331. Intent and purpose.
satisfy or exceed the purposes served by the It is the intent and purpose of this Ordinance
conveyed program lands according to the acquisi- to regulate the use of those preserve lands so
tion criteria in Section 10 of Ordinance No. 2002- designated and managed by the Collier County
63, as amended. Parks and Recreation Department and Conserva-
tion Collier so as to protect the health, welfare,
(f) Compensation pursuant to this section shall and safety of the persons using said lands and to
be provided at the time of board approval of any provide for the protection, restoration, and man-
other-use dedication or transfer of interest in agement of these environmentally-sensitive lands
program lands. for the benefit of present and future generations.
(Ord. No. 2011-38, § 1)
(g) The party acquiring the interest in pro-
.
gram lands shall be responsible for all associated Sec. 54-332. Definitions.
costs,including but not limited to,costs of apprais When used herein, the following definitions
als, environmental surveys, boundary surveys, shall apply:
documentary stamps,costs of recording,title com-
mitments and title insurance. These costs are not (1) Activity means the doing of any act or the
deemed to be part of the exceptional benefit failure to do any act by a person.
valuation. (2) Adverse impact means the actual or po-
(Ord. No. 2006-58, § 4) tential harm or injury to any property,
wildlife, or plant life or other natural
Sec. 54-305. Exemptions. resource with the preserves managed by
Collier County.
The following circumstances shall be exempt (3) Beach means the soft sand portion of land
from the foregvrng process as set forth in sections lying seaward of a seawall or line of
54-304 and 64-304 of this article: permanent vegetation and 300' seaward
(1) Conveyance of an interest in program of the mean high water line.
lands where the affected program lands (4) Beach access area means any easement,
will benefit by providing public access street, alley, right-of-way or any other
where there was previously no reasonable property deeded or dedicated to the public
public access, for the purpose of allowing the public
access to beaches across public or private
(2) Conveyance of an interest in program property.
lands at the time of, and as part of, the (5) Board means the Collier County Board of
acquisition process is exempt from this County Commissioners.
article.
(6) Carrying capacity means the number of
(3) Conveyance of a conservation easement to individuals or vehicles permitted within
a government or a non-profit conservation an individual preserve or a designated
Supp. No. 43 CD54:53
§ ' COLLIER COUNTY CODE
portion thereof, at any given time without (15) Passive Recreation means activities char-
having an adverse impact upon the pre- acterized by a natural resource emphasis
serve or designated portion thereof. and non-motorized activities.These activ-
(7) Collier County or County means Collier ities are deemed to have minimal nega
County, Florida. tive impacts on natural resources; or are
consistent with preservation, enhance-
(8) Commercial vehicle and/or vessel means ment, restoration and maintenance goals
any passengered conveyance(except a baby for the purpose of habitat conservation.
carriage or wheelchair) for commercial Examples of passive recreation include,
purposes, operating for profit, with pay- but are not limited to, bird watching and
ing customers. nature study, swimming, picnicking, hik-
(9) Cultural/historic resources means any ar- ing, fishing and hunting, where appropri-
chaeological and/or historic site, feature ate.
or artifact found within preserve bound-
aries. (16) Pet means any domesticated animal typi-
(10) Law Enforcement Officer means any per- cally kept for companionship, protection,
son who is elected, appointed, or em- transportation or amusement, including
ployed full or part-time by the state, the wild animals licensed by state law for
County, or municipality who is vested personal possession. Pet also includes do-
with the authority to bear arms and make mesticated species found in a feral, wild,
arrests; and whose primary responsibility or abandoned state. However, the term
is the detection and prevention of crime, does not include certified service animals,
or the enforcement of the penal, criminal, specially trained to provide personal care
traffic, or highway laws of the state or services to the disabled.
County.
(11) Livestock means all domesticated animals (17) Pollution means the presence in the air,
of equine, bovine, or swine class, includ- soil, or waters of any substance, noise,
ing sheep, goats and other grazing ani- contaminant, or anthropogenic alteration
mals. of the chemical, physical, biological, or
radiological integrity of the air, soil, or
(12) Management Plan means the Board-ap- water in a quantity or at a level that is or
proved management plan developed by may be potentially harmful or injurious to
the County, unique to each individual human health or welfare, biological diver-
preserve, as each plan may be amended sity, or property, or that unreasonably
from time to time. interferes with the enjoyment of the pre-
(13) Natural resource-based recreation means serve.
all forms of uses which are compatible
with the specific parcel. Such uses shall (18) Preserve means an area set aside essen-
include, but not be limited to, scientific tially to maintain objects or conditions
research, environmental education, quiet existing therein. A Collier County pre-
enjoyment, hiking, nature photography, serve is an area managed by the Parks
bird-watching, kayaking,canoeing, swim-
and Recreation Department or the Con-
ming, camping, hunting and fishing.
servation Collier Program that is desig-
(14) Parking area means any part of any pre- nated to perpetuate certain exceptional
serve area road,or area contiguous thereto, objects or conditions that provide a type of
Lspecifically designated for the standing or recreational experience, where appropri-
stationing of any vehicle with appropriate ate, which would not be possible other-
signage. wise.
Supp. No. 43 CD54:54
s �— — -
ENVIRONMENT § 54-334
(19) Vehicle means any passengered convey- (d) Restriction to roads. No person shall oper-
ance (except a baby carriage or wheel- ate any vehicle within a preserve except on des-
chair)for the transportation of persons or ignated roadways and areas otherwise approved
material whether: for vehicular use.
a. Powered or drawn by motor such as (e) Speed of vehicles. Within any preserve lands
an automobile, truck, bus, motorcy- no person shall operate a vehicle at a speed that is
cle, Segway®, scooter, mini-bike, all greater than posted.At no time shall speed exceed
terrain vehicle, off road vehicle, or the posted speed limit or 25 miles per hour if no
trail bike; speed limit is posted.
b. Animal-drawn as a carriage, wagon, (f) Traffic control. All persons shall observe
or cart; and comply with posted traffic control devices and
c. Rider propelled bicycle or tricycle; signs.
d. Trailer in tow of any size, or descrip- (Ord. No. 2011-38, § 3)
tion; Sec. 54-334. Conduct on preserve lands.
e. Watercraft of any type,including pon-
(a) Buildings and facilities.
toon boats,hovercrafts,jet skis,wave
runners, sea sleds, dolphin boats or (1) All forms of recreation on preserve lands,
other such product name; unless otherwise specifically permitted,
f. Aircraft of any type. shall be natural resource based, passive
recreation and consistent with potential
(20) Wildlife means any species living, grow- recreation activities identified in an ap-
ing, or occurring in a natural, non-domes- proved Management Plan.
ticated state, including but not limited to (2) No person shall willfully mark, deface,
animals; live shells, sand-dollars and sea
stars. damage,displace,destroy,remove,or tam-
(Ord. No. 2011-38, § 2) per with any buildings, facilities, bridges,
piers, boardwalks, tables, benches, rail-
ings, paving or paving materials, water
Sec. 54-333. Vehicles and traffic control. lines or other utilities, permanent or tem-
porary signs, placards, or notices, monu-
(a) Bicycles, unicycles,skateboards,roller blades, ments,stakes,posts,gateways,locks,fenc-
and roller skates may only be used or operated on ing,boundary markers,or other structures,
roads and trails designated for this activity.Where equipment or County property.
provided, bicycle racks must be used for the
parking of bicycles and unicycles. Bicycles or (3) No person shall use any preserve land or
unicycles shall not be chained or locked to trees, related facility, including but not limited
any other plant life or structures, or placed so as to buildings, bridges, boardwalks, piers,
to obstruct pedestrian or vehicular movement. tables, benches, or railings in a manner
that precludes regular and customary us-
(b) Entering preserve lands. Any person enter- age to other patrons, unless such person
ing or leaving preserve lands, whether by foot or has obtained the right to exclusive usage
vehicle, shall do so solely through designated from the County.
entry and exit points.
(4) No person shall fix,tie,chain,or hitch any
(c) Parking. All vehicles shall be parked only hammock,line, sports net,bike or banner
in designated parking areas or in such areas and to any tree, sign pole, boardwalk rail,
at such other times as may be authorized by bench, fence or similar structure within
appropriate signage.No unauthorized vehicle shall any preserve land unless otherwise desig-
park in a preserve overnight. nated for such use.
Supp. No. 43 CD54:55
COLLIER COUNTY CODE
(b) Climbing on property. No person shall climb serve boundaries; nor shall any person
on or over any buildings or facilities, fences, collect, remove, possess, give away, sell or
gates,structures,historic ruins,boardwalks,dunes, offer to sell, buy or offer to buy, or accept
or bridge railings, unless specifically designed as a gift any specimen, dead or alive of
and designated for such use. any wildlife form within preserve bound-
(c) Cultural and/or historic resources. No per aries, except by special permit granted by
son shall willfully mark, deface, damage, dis-
place, the County or State or in accordance with
place, destroy, excavate, remove, or tamper with a valid fishing permit issued by the state.
any cultural or historic artifact with the preserve However, this prohibition shall not apply
to the minimal collection or removal, such
boundaries, nor shall any person attempt any as incidental collection of shells or bait
such activity, except by special permit granted by
fish.
the County.
(d) Plant life. (2) No person shall feed or attempt to pet any
wildlife.
(1) All plant life living or dead terrestrial,
aquatic,and epiphytic species,within any (3) No person shall introduce any pet, plant
preserve lands is either the property of or other wildlife into any preserve lands
the County or is property managed by the by willful abandonment or negligence.
County. No person shall cut, carve, nail (Ord. No, 2011-38, § 4)
into, or otherwise damage the bark, or
break off limbs or branches or mutilate in Sec. 54-335. Activities within preserve lands.
any way, or harvest flowers or seeds of
_ any plant or tree, except by special per- (a) Alcoholic beverages. Possession or consump-
mit. No person shall dig in, disturb, or in tion of alcoholic beverages within any County
any other way impair the natural condi- preserve boundary is prohibited. This prohibition
tion of any area; nor shall any person may be waived upon application to and approval
place debris or materials of any kind on or by the Collier County Board of County Commis-
about any tree or plant,or climb,or attach sioners.
any rope, wire, wooden boards, or ladders
thereto, except by special permit. (b) Audio devices. Radios, tape players, elec-
(2) No person shall transplant, possess, or tronic musical instruments, and all other audio
remove any plant or plant part from any devices are permitted so long as they are played
preserve land, except by special permit, at volume levels that do not disturb, annoy, in
nor shall any person introduce any plant jure, or endanger the comfort, health, peace, or
species by willful act, negligence, or for safety of the wildlife or reasonable persons of
any other reason. ordinary sensibilities or unnecessarily detract from
a peaceful atmosphere and enjoyment of the pre-
(3) No person shall tie or hitch any animal, serve. Such noise shall not be heard within any
vehicle, or bicycle to any tree or other preserve land from a location more than 50 feet
plant life. from the source of the noise, unless a special
(e) Wildlife. permit has been issued for such use.
(1) No person shall possess, molest, harm, (c) Boating. Boating is permitted only in trails,
frighten, kill, trap, hunt, chase, capture, channels, estuaries, or areas specifically desig-
shoot, or throw any object at any wildlife, nated for such use. Boaters shall obey all posted
nest, or burrow within the boundaries of restrictions and safe boating rules and regula-
any County preserve, except in accor- tions. Boats shall not be operated in such a
dance with subsection 54-335(j) of this manner as to molest or harm wildlife or to cause
article. No person shall remove the eggs, damage to aquatic life, including sea grass beds,
nest, or young of any wildlife within pre- substrate, or County property.
Supp. No. 43 CD54:56
ENVIRONMENT § 54-335
(d) Camping. in approved areas,may be prohibited when deemed
(1) Camping is strictly prohibited at all times necessary by the County or by restrictions man
unless specifically permitted by the County dated by state or federal agencies.
as set forth below.When permitted,camp- (g) Fishing. Fishing is prohibited except where
ing shall be limited to those areas specif- permitted in those public areas designated for
ically designated for such use. Campers such activity. Persons fishing shall obey all state
shall obey all rules and regulations. and federal laws pertaining to fishing as well as
(2) Campers must obtain a permit and copies any posted rules and regulations. It is the respon-
of the rules and regulations from the sibility of those fishing to know those federal and
County prior to camping. Campers must state guidelines. It shall be unlawful for any
have a valid permit and a valid picture person while in preserve boundaries to intention-
identification card while camping. It shall ally fish for sharks or to fish by those methods
be unlawful for any person to camp on any commonly known as "chumming" or "blood-bait-
preserve land for a period of time in ing."
excess of (14) days in a thirty (30) day
period. (h) Hiking. Walking, running, jogging, and/or
hiking is permitted only along trails or pathways
(3) All waste shall be placed in disposal con- or areas specifically designated for such use or
tainers where provided. Where no dis- uses and during posted hours.
posal containers are provided, or where
the containers provided are full, all waste (i) Horseback riding. Pursuant to Collier County
shall be carried away by the user of the Ordinance 76-13, F.S. §§ 585.15-19 and 585.671,
4601 camping area and properly disposed of and Florida State Department of Agriculture and
outside the preserve boundaries. Consumer Services, Chapter 5C-18, all horses
(4) Tents shall be stand-alone type and may entering Collier County preserves must be accom-
not be attached to trees or any other panied by the original or a laboratory certified
copy or a notarized copy of a VS Form 10-11 (Apr
vegetation or structure with any wire, 90), known as a "Coggins card" as evidence of a
rope, extension brace, support, fastener, negative equine infectious anemia test within the
or any other device. previous 12 months. A "Coggins Card" must be
(e) Commercial activities within preserve bound- presented upon demand by County staff or law
aries. No person or organization other than County enforcement officer. Horse owners that cannot
licensed vendors or non-profits invited to partici- present such evidence may be asked to leave
pate in a County event and selling items for preserve property. Horseback riding is permitted
fundraising purposes shall conduct business within only along trails or in areas specifically desig-
preserve boundaries. All preserve visitors must nated for such use. Horses shall be thoroughly
enter and exit the preserve at designated en- broken, properly restrained, and ridden with due
trance and exit points. Groups exceeding 30 per- care. Horses shall not be allowed to graze or go
sons require insurance and advance authoriza- unattended and must be on a lead at all times.
tion. Horses may only be hitched to hitching posts
clearly identified for such use. No horse-drawn
(f) Fires. No person shall dispose of any burn- carriages, carts, or wagons shall be allowed or
ing matches, smoking materials or other flamma- used with preserve lands.
ble materials except in designated receptacles. No
person shall ignite or attempt to ignite a fire, (j) Hunting. No hunting is permitted in any
except for campfires made in approved areas and County managed preserve unless it is in accor-
designated for such use and with a valid camping dance with a State Wildlife and Environmental
` permit. Camping permits must be presented upon Area or County approved Hunt Program. Permit
v request by County staff or law enforcement offi based harvesting of wild game on County pre-
cers. Campfires or any other open burning, even serves, where a County approved Hunt Program
Supp. No. 43 CD54:57
§ COLLIER COUNTY CODE
is included within an approved Management Plan, activities not identified within this Ordinance
is authorized pursuant to the following terms and may be submitted to the County Manager, or his
conditions: or her designee, and will be determined with
(1) The County Manager, or his or her desig primary consideration of conservation manage-
nee, is hereby delegated the authority to ment goals on a case-by-case basis and potentially
regulate the issuance of hunting permits. allowed through a permit process. Some activities
may require payment of a rental fee as well.
(2) The harvesting of wild game in preserves
shall be in accordance with and subject to (m) Nudity. It shall be unlawful for any per-
all applicable federal and state laws and son, over the age of four years, to appear nude in
regulations, including, but not limited to, any preserve land, including but not limited to,
F.S. ch. 372, and Title 68A, Florida Ad- appearing nude to sunbathe,subject to the exemp-
ministrative Code, which are incorpo- tions listed below:
rated herein and made a part hereof, and (1) In a restroom or shower facility;
in addition to any penalties those provi-
sions may provide, violation of same shall (2) In a privately owned, fully-enclosed, tern-
also constitute a violation of this section. porary dwelling used for camping at camp
(3) The County reserves the right to, and sites;
may from time to time, adopt rules per- (3) When the conduct of being nude cannot
taining to the harvesting of wild game in constitutionally be prohibited by County
preserves that are more restrictive than ordinance because it is otherwise pro-
minimum rules promulgated by the state. tected pursuant to the United States Con-
Any person who refuses to obey an order
stitution or the Florida Constitution un-
to leave a preserve given by law enforce der existing judicial decisions;
ment or authorized County personnel, (4) When a mother is breast-feeding her baby,
whether for lack of a valid hunting permit and then only to the extent reasonably
or other reason, shall be in violation of necessary to allow breast-feeding.
this section and may be referred to law
enforcement for violation of F.S. § 810.09. (n) Pets. No pets will be permitted in preserves
If the person refusing to leave is in pos- unless an approved Management Plan indicates
session of a dangerous weapon, such re- that pets are allowed within a preserve. Where
ferral shall be based upon F.S. pets are permitted,such permission will be posted
§ 810.09(2)(c). on preserve signage and pets shall be confined to
designated areas of the trails and on hand-held
(k) Interference with County's authorized les- leashes at all times. Those persons in possession
see or his or her property. No visitor to or contrac- or control of domestic animals on County preserve
tor working on County preserve lands shall touch lands including authorized County lessees, shall
or interfere with any livestock or property belong- obey all County ordinances and state statutes and
ing to an authorized lessee or interfere with the regulations regarding animal control, care, feed-
use of County property by an authorized lessee. ing and cruelty, except as specifically provided in
(1) Miscellaneous. No person shall engage in this Ordinance, including, but not limited to,
any activity within preserve boundaries that is Collier County Ordinance 2008 51, as amended,
dangerous to the health, safety, or welfare of any pertaining to animal control and F.S. §§ 828.13—
person or that would cause damage to the prop- 828.26, pertaining to animal cruelty.
erty of other patrons or preserve property. Nor (o) Picnicking.
shall any person engage in any activity with
p -ve boundaries that interferes with the use (1) Picnicking is permitted only in areas spe-
aenjoyment of the preserve lands and its cifically designated for such use. The use
facilities by other patrons. Requests to conduct of picnic facilities including tables,benches,
Supp. No. 43 CD54:58
ENVIRONMENT §54-336
and shelters, is on a "first-come, first- vehicle, for the transportation, sale or display of
served" basis unless users have reserved any article of merchandise within the boundaries
and paid for use of picnic area. of a County preserve.
(2) All refuse,waste,and trash shall be placed (v) Carrying Capacity. The County reserves
in disposal containers where provided. the right to limit certain activities within any
Where no disposal containers are pro- preserve land when, in the County's sole discre-
vided, or where the containers provided tion, an area has reached its carrying capacity for
are full, all refuse shall be carried away such activities.
by the user of the picnic facility and (Ord. No. 2011-38, § 5)
properly disposed of outside of the pre-
serve boundary. Sec. 54-336. Permits required for activities
(p) Public use. The County reserves the right conducted within preserve
to limit public access to any preserve lands or boundaries.
portion thereof when deemed necessary to accom-
modate land management operations such as (a) Permit required. A preserve lands permit,
prescribed fire and restoration projects or when issued by the County, is required before a person
public use is deemed a disturbance to any pre- may engage in certain activities, listed below.
serve land or wildlife. Issuance of a preserve lands permit does not
however relieve the applicant of other permits
(q) Smoking. Smoking is prohibited on trails. needed. It is the applicant's responsibility to de-
Smoking may be prohibited by the County, in its termine if additional permits are required, to
sole discretion, when necessary for fire control contact the appropriate agencies and to obtain
purposes. No person shall dispose of any burning those permits. The County will not issue a pre-
matches, smoking materials or other flammable serve lands permit until all other required per-
materials except in designated receptacles. mits have been obtained.
(r) Swimming. Swimming, bathing, or wading (b) Activities requiring a permit. Management
is prohibited except in those public areas desig- Plans govern which activities are allowable in
nated for such activity. each preserve. Activities for which permit appli-
(s) Fireworks and explosives. No person shall cations must be submitted include, but are not
have in his or her possession nor shall any person limited to, any of the following:
discharge any fireworks or explosives within or (1) Scientific research including, but not lim-
into preserve boundaries. ited to, biological assays, species identifi-
(t) Trash. No person shall dispose of trash, cation, or collection, species observation,
garbage debris, waste, cigarette butts or other archaeological survey, hydrological, geo
such materials within preserve boundaries. All logical or chemical studies. This does not
items resulting from allowable activities within include such activities as visual observa
preserve lands, such as picnicking and camping, tion of wildlife or vegetation within public
shall be disposed of in containers where available areas.
and clearly marked or shall be removed from the (2) Geo-caching or other types of similar ac-
preserve. tivities utilizing Geographic Information
(u) Vendors. No person or organization other Systems (GIS).
than the County and the County's invited non- (3) Group nature activities either prior to or
profit participants in a County event selling items after the posted hours of operation, or
for fundraising purposes or regularly licensed that require access to restricted areas not
f concessionaires acting by and under the authority open to the public.
of the County shall offer for sale, rent, or trade,
any article, or station or place any stand, cart, or (4) Camping.
Supp. No. 43 CD54:59
§ COLLIER COUNTY CODE
(5) Hunting associated with a County ap- i. Blocking, obstructing, lessening, or
proved Hunt Program. otherwise interfering with the scenic
(6) Facility Rentals for Special Events - Any or natural views;
activity not specifically defined within this j. Impacting threatened or endangered
Ordinance for which permission is re- species of flora and fauna;
quired by the County Manager, or his or k. Otherwise adversely effecting or in-
her designee, such as weddings and fam terfering with the management of
ily reunions, the natural and cultural resources.
(7) All commercial photography, television
(d) Conditions. The permit shall contain such
broadcasting,and all private photography
involving special settings or structures or conditions that are reasonably consistent with the
the performance of any person. protection and maintenance of preserve lands.
(8) All group activities involving 30 or more (e) Denial. If an application for a permit is
people. denied, the applicant shall be so informed in
writing,with the reason(s)for the denial set forth.
(c) Standards for issuance or denial of permit.
No permit shall be issued unless the County finds (f) Processing. Permit applications shall be pro-
that the proposed activity will not have an ad- cessed and notification of the granting or denial of
verse impact on the resources within the pre- permits will be provided to the applicant within
serve. The County will evaluate the applications 30 days of submission of the application. Failure
using the standards contained in this section. to grant or deny an application for a permit in a
s to be considered in determining whether timely manner shall not be grounds for the auto-
azFtoeivity will adversely impact the resources of matic issuance of a permit. The County will
preserve lands include: cooperate with the applicant to ensure his or her
(1) Whether the activity is consistent with entitlement to prompt review of the County's
failure to grant or deny the application in a timely
the intent of this Ordinance and the pre- manner.
serve's Management Plan principles and
objectives. (g) Appeal process. An applicant may appeal
(2) Whether the activity will have an adverse the denial of a permit application by filing a
impact on the resources of preserve lands notice of appeal and resubmitting all application
materials to the County Manager, or his or her
by;
designee. Any such appeal must occur within 30
a. Causing or contributing to excessive days of the date of denial or revocation by the
odors or noise; County. The County Manager, or his or her des-
b. Encouraging erosion; ignee, shall review the application and grant or
deny the application within 14 days of receipt of
c. Causing damage to plant life; the appeal. No County action on a permit appli-
d. Negatively impacting wildlife; cation under this section is final until the County
e. Altering the natural hydrological Manager, or his or her designee, has granted or
characteristics of the subject area; denied the appeal.
f. Inhibiting the natural storage and (h) Incomplete applications. If the County de-
detention functions of the water- termines that the application is incomplete or
shed; that the applicant has not properly completed the
application, the County shall notify the applicant
g. Reducing wetland buffers or wet of such fact and the time period for granting or
land filtration functions; denying the application under subsection(f) shall
LI h. Decreasing recreational opportuni- be stayed during the period in which the appli-
ties; cant properly completes the application.
Supp. No. 43 CD54:60
ENVIRONMENT §54-365
(i) Transferability. Permits are not transfer- (d) All provisions of this Ordinance may be
able and may only be utilized by those persons to enforced by all authorized law enforcement offi-
whom the permit was issued. cers, and all authorized County personnel.
(Ord. No. 2011-38, § 8)
(j) Revocation. Any permit issued pursuant to
this section may be revoked for failure to comply
with any condition imposed on the permit or for Sec. 54-339. Collection of fees.
inconsistency with the criteria set forth in subsec-
tion (c). The Board of County Commissioners does hereby
find that the collection of fees associated with the
(k) No entitlement to permit. Because of the public's use of these preserve lands is required to
proprietary nature of the preserve lands, this offset the associated administrative and mainte-
section does not create any right or entitlement to nance costs, and such Fee Schedule shall be
the permit. established by Resolution of the Board of County
(Ord. No. 2011-38, § 6) Commissioners.
(Ord. No. 2011-38, § 9)
Sec. 54-337. Hours of operation.
Sec. 54-340. Territory embraced.
The opening and closing of each preserve land,
including sections of a preserve and trails, shall All territory designated by the Board of County
be as posted by the County. No person shall Commissioners as a preserve land,including build-
remain on preserve land after closing unless ings, and facilities thereon, whether located in
otherwise permitted by these regulations or ap- unincorporated or incorporated areas of the County,
propriate permit. shall be embraced by the provisions of this Ordi-
(Ord. No. 2011-38, § 7) nance.
(Ord. No. 2011-38, § 10)
Sec. 54-338. Enforcement and penalties.
(a) Any person violating,the provisions of this Sec. 54-341. Conflict and severability.
Ordinance or failing to comply with the require- In the event this Ordinance conflicts with any
ments of this Ordinance shall be guilty of a other ordinance of Collier County or applicable
misdemeanor and, upon conviction thereof, shall law,the more restrictive shall apply.If any phrase
be fined or imprisoned, or both, as provided by or portion of this Ordinance is held invalid or
law, and in addition shall pay all costs and ex- unconstitutional by any court of competent juris-
penses incurred in the prosecution of such viola- diction, such portion shall be deemed a separate,
tion. distinct,and independent provision and such hold-
(b) In addition,and as an alternative means of ing shall not affect the validity of the remaining
enforcement, the County may enforce the provi- portion.
sions or requirements of this Ordinance by means (Ord. No. 2011-38, § 11)
of any civil remedy before the appropriate Code
Enforcement Special Master or in a court of Sec. 54-342. Effective date.
competent jurisdiction.
This Ordinance shall take effect upon receipt of
(c) Except as otherwise provided by law or notice from Florida Secretary of State that this
ordinance,a person convicted of a violation of this Ordinance has been filed with the Florida Secre-
Ordinance shall be punished by a fine not to tary of State.
exceed $500.00. With respect to violations of this (Ord. No. 2011-38, § 12)
Code that are continuous with respect to time,
each day the violation continues is a separate
offense. Secs. 54-343-54-365. Reserved.
Supp. No.60 CD54:61
1/44030
§54-366 COLLIER COUNTY CODE
ARTICLE XII. WATER CONSERVATION (d) "District"means the South Florida Water
FOR LANDSCAPE IRRIGATION Management District.
Sec. 54-366. Intent and purpose. (e) "Even Numbered Address" means an ad-
dress, ending in the numbers 0, 2, 4, 6, 8
It is the intent and purpose of this Ordinance or rights-of-way or other locations with no
to implement procedures that promote water con- address, or the letters A—M.
servation through the more efficient use of land-
scape irrigation. (fl "Existing landscaping" means any land-
(Ord. No. 2015-27, § 1) scaping which has been planted and in
the ground for more than ninety (90)
Sec. 54-367. Definitions. days.
For the purpose of this Article the following (g) Landscaping" means shrubbery, trees,
terms,phrases,words,and their derivatives shall lawns, sod, grass, ground covers, plants,
vines,ornamental gardens,and such other
have the meaning given herein. When not incon flora not intended for resale, which are
sistent with the context, words used in the pres situated in such diverse locations as resi-
ent tense include the future, words in the plural dential landscapes,recreation areas,cem-
include the singular, and words in the singular
include the plural. eteries, public, commercial, and indus-
trial establishments,public medians, and
(a) "Address" means the "house number" (a rights-of-way except athletic play areas
numeric or alphanumeric designation)that, as defined in subsection 40E-24.101(6),
together with the street name, describes F.A.C.
the physical location of a specific property.
This includes "rural route" numbers but (h) "Low Volume Hand Watering" means the
excludes post office box numbers. If a lot watering of landscape by one person,with
number in a mobile home park or similar one hose, fitted with a self canceling or
community is used by the U.S. Postal automatic shutoff nozzle.
Service to determine a delivery location, (i) "Low Volume Irrigation"means the use of
the lot number shall be the property's equipment and devices specifically de-
address. If a lot number in a mobile home signed to allow the volume of water deliv-
park or similar residential community is ered to be limited to a level consistent
not used by the U.S. Postal Service (e.g., with the water requirement of the plant
the park manager sorts incoming mail being irrigated and to allow that water to
delivered to the community's address), be placed with a high degree of efficiency
then the community's main address shall in the root zone of the plant. The term
be the property's address. If a property also includes water used in mist houses
has no address it shall be considered and similar establishments for plant prop-
"even-numbered." agation. Overhead irrigation and flood
(b) "Athletic play area" means all golf course irrigation are not included.
fairways, tees, roughs, and greens, and „
other athletic play surfaces; including, �) Landscape Irrigation means the outside
football,baseball,soccer,polo,tennis,and watering of shrubbery, trees, lawns, sod,
lawn bowling fields and rodeo,equestrian, grass, ground covers, plants, vines, orna-
and livestock arenas. mental gardens, and such other flora not
intended for resale, which are planted
(c) "Consumptive Use Permit(CUP)"means a and are situated in such diverse locations
permit issued pursuant to Chapters 40E-2, as residential landscapes, recreation ar-
F.A.C., authorizing the consumptive use eas, cemeteries, public, commercial, and
of water. industrial establishments, public medi-
Supp. No.60 CD54:62
415/ ENVIRONMENT §54-368
ans,and rights-of-way except athletic play ter to unnecessarily fall onto pavement,
areas as defined in subsection 40E- sidewalks and other impervious surfaces;
24.101(9), F.A.C. allowing water flow through a broken or
malfunctioning water delivery or land-
(k) "Micro-irrigation" means the application scape irrigation system.
of small quantites of water on or below
the soil surface as drops or tiny streams of (q) "Water Resources"means any and all wa-
spray through emitter or applicators placed ter on or beneath the surface of the ground,
along a water delivery line. Micro-irriga- including, but not limited to, potable Ova-
tion includes a number of methods or ter production wells, IQ water, natural or
concepts such as bubbler, drip, trickle, artificial watercourses, lakes, ponds, and
mist or microspray,and subsurface irriga- artificial water features,and water perco-
tion. lating, standing, or flowing beneath the
(1) "New landscaping" means any landscap- surface of the ground.
ing which has been planted and estab- (r) "Water shortage"means when the District
lished for ninety(90) days or less. has determined there is the possibility
(m) "Odd Numbered Address" means an ad- that insufficient water will be available to
dress ending in the numbers 1,3,5,7,9 or meet the estimated present and antici-
the letters N—Z. pated user demands or to protect the
water resource from serious harm.
(n) "Reclaimed Water" or "Irrigation Quality
(IQ)"means wastewater that has received (s) "Water shortage emergency" means when
at least secondary treatment and basic the District has determined that the pro-
disinfection and is reused after flowing visions listed in Part II of Chapter 40E-
out of a wastewater treatment facility as 21,F.A.C.,are not sufficient to protect the
defined by Rule 62-610.200(48), F.A.C. public health,safety,or welfare,the health
of animals, fish, or aquatic life, a public
(o) "User"means any person,individual,firm, water supply, or commercial, industrial,
association, organization, partnership, agricultural,recreational,or other reason-
business trust, corporation, company, able-beneficial uses.
agent, employee or other legal entity (Ord. No. 2015-27, § 2)
whether natural or artificial, the United
States of America, and the State and all Sec. 54-368. Year-round landscape irriga-
political subdivisions, regions, districts, tion restrictions.
municipalities,and public agencies thereof,
which directly or indirectly takes water (1) Collier County hereby adopts the rules of
from the water resource, including uses the South Florida Water Management District,
from private or public utility systems, Chapter 40E-24.201 F.A.C., and any subsequent
uses under water use permits issued pur- additions, deletions or corrections thereto; and
suant to Chapter 40E-2, F.A.C., or uses which are set out as follows:
from individual wells or pumps.
ul and unnecessary" allow- (a) It shall be the duty of each user to keep
(p) "Wasteful rY informed as to the landscape irrigation
ing water to be dispersed without any conservation measures presented within
practical purpose to the water use; for this section, which affect each particular
example, excessive landscape irrigation, water use.
leaving an unattended hose on a driveway
with water flowing, allowing water to be (b) In addition to the specific conservation
dispersed in a grossly inefficient manner, measures enumerated below, all wasteful
regardless of the type of water use; for and unnecessary water use as defined in
example,allowing landscape irrigation wa- Section 54-367(p), is prohibited.
Supp.No.60 CD54:63
Lie §54-368 COLLIER COUNTY CODE
(c) The following requirements or exceptions tion is for an area that contains
shall apply to all users unless specified at least 50% new landscaping.
otherwise herein: If a zone contains less than
(1) Landscape irrigation shall be prohib- 50% new landscaping, or if the
ited daily between the hours of 10:00 new landscaping is in an area
a.m. and 4:00 p.m., except as other- that will not typically be irri-
wise provided herein. gated by an irrigation system,
only the individual new plant-
(2) Irrigation of new landscaping shall ings are eligible for additional
comply with the following provi- irrigation under this paragraph.
sions: Targeted watering may be ac-
i. On the day the new landscap- complished by low volume hand
ing is installed, the new land- watering, or any appropriate
scaping may be irrigated once method which isolates and wa-
without regard to the normally ters only the new landscaping.
allowable watering days and
times. Irrigation of the soil im- (2) Landscape irrigation systems may be oper-
ated during restricted days and/or times for clean-
mediately prior to the installs- ing, maintenance, and repair purposes with an
tion of the new landscaping is attendant on-site in the area being tested. Land-
also allowable without regard scape irrigation systems may routinely be oper-
to the normal allowable water- ated for such purposes no more than once per
ing days and times. week,and the run time for any one test should not
ii. The ninety (90) day period be- exceed 10 minutes per zone.
gins the day the new landscap-
ing is installed. The new land- (3) Landscape irrigation for the purpose of
scaping shall be installed within watering-in fertilizers,insecticides,pesticides,fun-
a reasonable time from the date gicides and herbicides,where such watering-in is
of purchase,which may be dem recommended by the manufacturer,or by federal,
onstrated with a dated receipt state or local law, or best management practices,
or invoice. shall be allowed under the following conditions:
iii. Irrigation of new landscaping (a) Such watering-in shall be limited to one
which has been in place for application unless the need for more than
thirty(30) days or less may be one application is stated in the directions
accomplished on Monday,Tues for application specified by the manufac-
day,Wednesday,Thursday,Sat- turer; and
urday, and/or Sunday. (b) Such watering-in shall be accomplished
iv. Irrigation of new landscaping during normally allowable watering days
which has been in place for and times set forth in Paragraphs(1)(c)(1),
thirty-one (31) to ninety (90) (1)(c)(2) of this Section, unless a profes-
days may be accomplished on sional licensed applicator has posted a
Monday,Wednesday,Thursday, temporary sign containing the date of
and/or Saturday. application and the date(s)of needed wa-
tering-inv. Irrigation of the new landscap activity.
ing is limited to areas contain- (4) Any plant material may be watered using
ing the new landscaping only. low volume irrigation, micro-irrigation, low-
An entire zone of an irrigation volume hand watering methods,and rain barrels,
system shall only be utilized for cisterns, or other similar rain-harvesting devices
landscape irrigation under this without regard to the watering days or times
paragraph if the zone in ques- allowed pursuant to this section.
Supp. No. 60 CD54:64
LIPOr
ENVIRONMENT §54-372
(5) Irrigation of existing landscaping shall corn- violation of the provisions of Chapter 40E-21,
ply with the following provisions: F.A.C., or any order issued pursuant thereto,
(a) Even addresses,installations with irriga shall be a violation of this article.
tion systems that irrigate both even and (Ord. No. 2015-27, § 4)
odd addresses within the same zones,
such as multi-family units and homeown- Sec. 54-370. Variances.
ers'associations,and rights-of-way or other
locations with no address as defined in (1) A variance from specific days or days iden-
Section 54-367(e),shall have the opportu tified in Section 54-368 above may be granted if
nity to accomplish necessary landscape strict application of the restrictions would lead to
irrigation only on Tuesday and/or Thurs unreasonable or unfair result in particular in-
day and/or Sunday. stances, provided that the applicant demon-
strates with particularity that compliance with
(b) Odd addresses as defined in Section 54- the schedule will result in substantial economic,
367(m), shall have the opportunity to ac- health,or other hardship on the applicant requir-
complish necessary landscape irrigation ing a variance or those served by the applicant.
only on Monday and/or Wednesday and/or Where a contiguous property is divided into dif-
Saturday. ferent zones a variance may be granted hereun-
der so that each zone may be irrigated on days
(6) In the absence of a declaration of a water different than other zones of the property. How-
shortage condition or water shortage emergency ever, no single zone may be irrigated more than
within all or any part of Collier County by the three days per week.
Governing Board or Executive Director of the
District, the landscape irrigation restrictions or (2) Collier County hereby recognizes any and
other measures adopted by the District applicable all variances issued by the South Florida Water
to Collier County or any portion thereof shall be Management District to those users who operate
subject to enforcement action pursuant to Section and maintain smart irrigation systems which
54-371 below. Any violation of the provisions of meet the requirements of F.S. § 373.62(7).
Chapter 40E-24.201, F.A.C. or this Ordinance
shall be a violation of this section. (3) Applications for a variance shall be in ac-
(Ord. No. 2015-27, § 3) cordance with the instructions included at Appen-
dix A attached to Ordinance No. 2015-27.
Sec. 54-369. Declaration of water shortage (Ord. No. 2015-27, § 5)
or water shortage emergency.
(1) Collier County hereby adopts the rules of Sec. 54-371. Application of ordinance.
the South Florida Water Management District, The provisions of this Ordinance shall apply to
Chapter 40E-21, Florida Administrative Code, each user within the boundaries of the unincor-
and subsequent additions or corrections thereto; porated areas of Collier County, Florida, and
and the same are hereby adopted and incorpo applies to all water resources as defined herein,
rated as if fully set out at length. unless otherwise specifically addressed through
(2) The declaration of a water shortage condi- an agreement or issuance of a variance.
tion and/or water shortage emergency within all (Ord. No. 2015-27, § 6)
or parts of Collier County by the Governing Board
or Executive Director of the District shall invoke Sec. 54-372. Enforcement officials.
the provisions of this article. Upon such a decla-
ration all water use restrictions or other mea- Law enforcement officials having jurisdiction
sures adopted by the District applicable to Collier in the area governed by this Ordinance are hereby
County,or any portion thereof,shall be subject to authorized to enforce the provisions of this Ordi-
enforcement action pursuant to this article.Any nance. In addition, the Collier County Manager
Supp.No.60 CD54:65
§54-372 COLLIER COUNTY CODE
may delegate enforcement responsibility for this
ordinance to agencies and departments of Collier
County government.
(Ord. No. 2015-27, § 7)
Sec. 54-373. Penalties.
(1) Violations of any provision of this article
may be punished pursuant to F.S. § 162.21, as
amended, as a civil infraction with a maximum
civil penalty not to exceed $500. Any person
violates any provision of this Ordinance shall also
be subject to the County's remedies as authorized
by F.S. § 125.69,and Chapter 1,Section 1-6 of the
Code of Laws and Ordinances of Collier County,
Florida, or as otherwise then-allowed by law, as
may be amended from time to time.
(Ord. No. 2015-27, § 8)
Secs. 54-374-54-400. Reserved.
Supp.No.60 CD54:66
ENVIRONMENT §54-193
the invoice has not been paid, the County Man- hundred ($100.00) dollars per parcel for lien pro-
ager, or his designee, will proceed with enforce- cessing. Such action,when recorded, shall consti-
ment procedures to file a lien.The Legal Notice of tute a lien on all personal and real property
Assessment of Lien will be submitted to the located in Collier County, which runs with the
Special Magistrate who shall impose a lien against owner's real property until paid. The action will
the property. The Special Magistrate shall assess also specify that interest will accrue on the un-
all applicable costs and fees against such parcel paid balance beginning on the date the order of
and all other properties owned by the violator in the Special Magistrate is recorded at the statu-
Collier County. Said action shall:A) describe the tory interest rate per annum.
land that has been included in the Mandatory Lot
Mowing Program and show the cost of abatement, (e) Legal notice of assessment of lien. The
which shall include the initial administrative Legal Notice of Assessment of Lien will substan-
expense of one hundred($100.00)dollars plus one tially be in the following form:
BOARD OF COUNTY COMMISSIONERS
THROUGH IT'S CODE ENFORCEMENT DEPARTMENT
COLLIER COUNTY, FLORIDA
TO: [Insert Property Owner's Name and Address] DATE:
REFERENCE INVOICE#: VIOLATION FOLIO #:
VIOLATION LEGAL DESCRIPTION:
You, as the owner of the property above-described, as recorded in the records maintained by the office
of the Property Appraiser,are hereby advised that the Code Enforcement Director,did determine a public
nuisance existed and constituted a violation of county regulation on , 200 , and
ordered the abatement of certain nuisance existing on the above property prohibited by Ordinance No.
2005- , as amended, and served a notice of violation upon you. The nuisance is: [describe the
nuisance]
You have failed to timely abate such nuisance:whereupon,it was abated by the expenditure of public
funds at a direct cost of$ .00 and an administrative cost of$ .00 for a total of$ .
Such costs, by order of the Special Magistrate, will become a lien on your property when recorded.
FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE WILL RESULT IN A LIEN
AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY.
Upon issuance of an order by the Special Magis- (f) Limitation on time to contest imposition of
trate,the Secretary to the Special Magistrate will lien. Any person aggrieved by the imposition of
immediately mail a copy of each approved Order the lien must commence an action in circuit court
and Notice Assessment of Lien via regular U.S. within thirty(30)days from the date the order is
mail. If full payment for the assessed amount, is rendered.Unless such action is begun within this
not made by the property owner within twenty thirty(30)day period,all objections of that person
(20) days from the date of signature of the deter- to the imposition of the lien will be deemed to
mination order by the Special Magistrate, then have been waived.
the Secretary to the Special Magistrate will auto- (g) Prepayment and recording of lien. For a
matically and without further direction record period of twenty (20) days after the date of the
both the Order and Notice of Assessment of Lien order of the Special Magistrate imposing the
in the public records of Collier County. Recording delinquent lot-mowing lien, the lien may be paid
said determination order will act to impose a lien without additional interest. Properties, for which
on the violator's property. payments are received or postmarked within twenty
(20) days from the date the order is signed, will
Supp.No. 25 CD54:35
§54-193 COLLIER COUNTY CODE
stay the recording of the lien. If, after expiration be considered a separate and distinct offense.
of the prepayment period expires payment is not Further, each day of continued violation or non-
received, a certified copy of the order will be compliance shall constitute a separate offense.
recorded in the Office of the Clerk of the Circuit
Court in Collier County. Nothing herein contained shall prevent or re-
strict the County from taking such other lawful
(h) Release of lien. Owners who have paid the action in any court of competent jurisdiction as is
delinquent lien in full after the recording of the necessary to prevent or remedy any violation or
lien are entitled to a release and satisfaction of noncompliance. Any person convicted of such of-
lien from the County.The recording of the release fense, shall be guilty of a misdemeanor and shall
and satisfaction of lien and any charges therefore be punished by a fine not to exceed five hundred
are the responsibility of the property owner. ($500.00) dollars or by imprisonment not to ex-
ceed sixty(60)days in the County jail, or both, in
(i) Foreclosure. Liens associated with this Sec- the discretion of the Court.
tion may be foreclosed in the same manner as Further, nothing is this Section shall be con-
liens for property taxes or special assessments.In strued to prohibit the County from prosecuting
the event the County prevails,owners of property(s) any violation of this Ordinance by means of a
against whom a foreclosure action is commenced Code Enforcement Board, or Special Magistrate
will be liable for all fees, costs and expenses proceeding,established pursuant to the authority
incurred by the County or its agents, including of Chapter 162, Florida Statutes.
reasonable attorney's fees and the same may be
assessed as a cost in the foreclosure action. All remedies and penalties provided for in this
Section shall be cumulative and independently
(j) Validity of liens not affected by irregulari- available to the County and the County shall be
ties. Any informality or irregularity in the pro- authorized to pursue any and all remedies set
ceedings to impose a lien for delinquent lot mow- forth in this Section to the full extent allowed by
ing fees will not affect the validity of the same law.
after the order imposing the lien has been adopted, (Ord. No. 2005-44, § 20; Ord. No. 09-08, § 20)
and no deviation from the procedures prescribed
above will affect the validity of the lien unless it
can be clearly shown that the party objecting was Secs. 54-195-54-225. Reserved.
materially injured thereby.
ARTICLE VII. ABANDONED PROPERTY*
(k) Alternate methods of collection permitted.
Nothing herein prohibits the County from utiliz-
ing other means to collect delinquent lot mowing Sec. 54-226. Definitions.
fees including, but not limited to, an action for The following words, terms and phrases,when
damages filed in the appropriate court in Collier used in this article, shall have the meanings
County, Florida. ascribed to them in this section, except where the
(Ord. No. 2005-44, § 19; Ord. No. 09-08, § 19) context clearly indicates a different meaning:
Sec. 54-194. Penalties. Abandoned property means wrecked or derelict
property having no value other than nominal
If any person fails or refuses to obey or comply salvage value which has been left abandoned and
with or violates any of the provisions of this unprotected from the elements and shall include
Ordinance, such person upon an order by the wrecked, inoperative or partially dismantled mo-
Code Enforcement Board or Special Magistrate for vehicles, trailers, boats, machinery, refrigera-
may be fined as authorized by the Ordinances tors,washing machines,plumbing fixtures,furni
establishing the Enforcement Board and Special *State law reference—Lost or abandoned property,F.S.
Magistrate.Each violation or noncompliance shall ch. 705.
Supp.No. 25 CD54:36
ENVIRONMENT §54-231
ture and any other similar article which had been Sec. 54-228. Application.
left abandoned and unprotected from the ele-
ments. This article applies to the unincorporated ar-
eas of the County and shall be cumulative to all
Enforcement officer means the county adminis- State laws, County and municipal ordinances
trator or his designee, assisted by any other now or hereafter enacted.
individual authorized by law, ordinance or policy (Ord. No. 81-73, § 3)
adopted pursuant hereto to enforce the provisions State law reference—Conflicts between ordinances of
noncharted counties and municipal ordinances, Fla. Const.
of this article. art.VIII,§(f).
Nominal salvage value means an article of
abandoned property shall be deemed to have a Sec. 54-229. Placement of abandoned prop-
nominal salvage value unless a reasonably pru- erty prohibited.
dent man would be led to believe that the fair It shall be unlawful for any person to abandon
market value of the property, taking into consid- personal property upon anypublicproperty, or
eration,its useful life,earning capacity or replace- P P y P
private property without receiving such property
ment cost, less depreciation and items of general owner's consent or in violation of this article, or
or special depreciation,would be greater than the any other applicable law,ordinance or regulation.
costs of salvage, including the removal, transpor-
(Ord. No. 81 73, § 4)
tation, storage and sale of same.
Private property means all lands and improve Sec. 54-230. Public nuisance.
ments other than public lands and improvements. All abandoned property defined herein is hereby
Public property means canals, all waterways, declared to be a public nuisance,the abatement of
lands and improvements owned by a governmen- which pursuant to the police power is hereby
tal body or any governmental agency, including declared to be necessary for the health, welfare
but not limited to easements and rights-of-way. and safety of the residents of the County.
(Ord. No. 81-73, § 2) (Ord. No. 81 73, § 5)
Cross reference—Definitions generally,§ 1-2.
Sec. 54-231. Procedure for notification.
Sec. 54-227. Findings, purpose and intent. (a) Whenever the enforcement officer shall de-
termine that an article of abandoned property is
Since articles of personal property are and will
in the future be abandoned in the streets and on present on public or private property, he shall
cause a notice to be placed upon such article in
private property within the unincorporated areas substantially the following form:
of the county, and since there are or may in the
future be articles of personal property left about NOTICE TO THE OWNER AND ALL PER-
the unincorporated areas of the county other than SONS INTERESTED IN THE ATTACHED
junkyards; and since such conditions tend to PROPERTY.The property,to wit:(setting forth
impede traffic in the streets or interfere with the brief description) is unlawfully upon public or
enjoyment and reduce the value of private prop- private property (circle as appropriate) known
erty; invite plundering; create fire hazards and as (setting forth a brief description of location)
other safety and health hazards to children and and must be removed within ten days from the
adults; interfere with the comfort and well being date of this notice; otherwise, it shall be pre-
of the public, the purpose of this article is there- sumed abandoned property and will be re-
fore to provide adequate protection of the public moved and destroyed by order of the Board of
health, safety and welfare, which requires that County Commissioners.Dated this(setting forth
such conditions be regulated, abated or prohib- the date of the posting of notice), signed (set-
ited. ting forth name, title, address and telephone
(Ord. No. 81-73, § 1) number of enforcement officer).
Supp. No. 26 CD54:37
§54-231 COLLIER COUNTY CODE
1
(b) Such notice shall be not less than eight Sec. 54-235. Trespass authorized.
inches by ten inches and shall be sufficiently Any enforcement officer or any person.autho-
weatherproof to withstand normal exposure to rized by the enforcement officer shall be immune
the elements during the ten-day waiting period. from prosecution,civil or criminal,for reasonable,
In addition, the enforcement officer shall make good-faith trespass upon real property while in
reasonable effort to ascertain the name and ad the discharge of duties imposed by this article.
dress of the owner, and if available shall mail a (Ord. No. 81 73, § 10)
copy of the notice to such person.
(Ord. No. 81-73, § 6) Sec. 54-236. Adoption of rules, expenditure
of funds, declaration of County
Sec. 54-232. Removal of abandoned prop- purpose.
erty.
The Board of County Commissioners is autho-
(a) If at the end of ten days after posting such rized and empowered to adopt rules and regula-
notice the owner or any person interested in such tions and expend County funds, as may be rea-
abandoned property described in the notice has sonably necessary to carry out the terms of this
not removed same, the enforcement officer may article, the expenditure of such funds being de-
cause the article or articles of abandoned property dared a proper County purpose.
to be removed and destroyed; and the salvaged (Ord. No. 81-73, § 11)
value, if any, of such article or articles shall be
retained by the local government to be applied Sec. 54-237. Authorized contracts.
against the cost of removal and destruction thereof. The Board of County Commissioners is autho-
(b) Before sale or destruction, any owner or rized to enter into contracts with any person for
lienholder of the abandoned property shall be such period or periods of time, for such consider-
permitted to regain possession thereof upon proof ation and under such conditions as shall be deemed
of ownership or lien rights entitling the lienholder necessary and advisable by the Board of County
to possession, upon payment of storage charges Commissioners, for the purpose of effectuating
and all expenses incurred by the enforcement and carrying out the provisions of this article.
officer. (Ord. No. 81-73, § 12)
(Ord. No. 81-73, § 7)
Secs. 54-238--.54-250. Reserved.
Sec. 54-233. Immediate removal.
Whenever, in the judgment of the enforcement ARTICLE VIII. LAKE TRAFFORD
officer, the abandoned property constitutes an RESTORATION TASK FORCE
immediate health or safety hazard, it shall be
immediately removed and stored for a period of Sec. 54-251. Creation and purpose.
ten days, if possible, and shall thereafter be sold The Lake Trafford Restoration Task Force(here-
or destroyed. inafter"task force")is hereby established to assist
(Ord. No. 81-73, § 8) the Board of County Commissioners by locating
the best methods to restore Lake Trafford to its
Sec. 54-234. Obstructing enforcement officer. unpolluted condition.
Whoever opposes, obstructs or resists any en- (Ord. No. 02 18, § 1, 4 23 02)
forcement officer or any person authorized by the Sec. 54-252. Functions, powers and duties
enforcement office in the discharge of his duties of the task force.
as provided in this section, upon conviction shall
be guilty of a misdemeanor of the second degree, The functions, powers and duties of the task
punishable as provided in F.S. §§ 775.082 or force shall be as follows:
775.083. (1) Development and implementation of a ,/Th
(Ord. No. 81-73, § 9) restoration program to include identifica-
Supp.No.26 CD54:38
ENVIRONMENT §54-272
Limo,
tion of the best methods to remove and/or member removal from office are governed by
prevent an algae bloom in order to restore Collier County Ordinance No. 2001-55, or by its
Lake Trafford to its unpolluted condition; successor ordinance.
(2) Identify available funding sources to fund (Ord. No. 02-18, § 4, 4 23 02)
with the restoration project; and
Sec. 54-255. Officers; quorum; rules of pro-
(3) Prepare written findings and recommen- cedure.
dations to the Board of County Commis-
sioners. At its earliest opportunity, the membership of
(Ord. No. 02-18, § 2, 4-23-02) the task force shall elect a chairperson and vice
chairperson from among the members. Officers'
Sec. 54-253. Appointment and composition; terms shall be for a period of one year, with
terms of office; attendance and eligibility for reelection.
filling vacancies.
The presence of seven or more members shall
The task force shall be composed of 13 mem- constitute a quorum of the task force necessary to
bers whose representation shall include, but not take action and transact business.
be limited to,individuals representing the Audubon
Society, the South Florida Water Management The task force shall, by majority vote of the
District, the Florida Fish and Wildlife Conserva- entire membership, adopt rules of procedure for
tion Commission,the Department of Environmen- the transaction of business and shall keep a
tal Protection, the Big Cypress Basin, the written record of meetings, resolutions, findings
Immokalee Chamber of Commerce, the Conser- and determinations. Copies of all task force min-
vancy, environmental specialists, marine consult- utes, resolutions, reports, and exhibits shall be
L./ ants, and private individual citizens from submitted to the Board of County Commissioners.
Immokalee with an interest in the preservation of (Ord. No. 02-18, § 5, 4-23-02)
Lake Trafford. Candidates for the task force shall
be sought in accordance with the provisions of Sec. 54-256. Review process.
Collier County Ordinance 2001-55.
This task force shall be reviewed once every
Terms of office of members of the task force four years in accordance with the procedures
shall be for four years. Members of the task force contained in Ordinance No. 2001-55.
shall be appointed by and serve at the pleasure of (Ord. No. 02-18, § 6, 4-23-02)
the Board of County Commissioners. Members
shall meet the qualifications for membership and
requirements as outlined in Section Five of Ordi Secs. 54-257-54-270. Reserved.
nance No. 2001-55.
Appointment of members to the task force shall ARTICLE IX. CONSERVATION COLLIER
be by resolution of the Board of County Commis- PROGRAM
sioners, which resolution shall set forth the date
of appointment and the term of office. Appoint- Sec. 54-271. Name.
ments to fill any vacancies on the task force shall
be for the remainder of the unexpired term of This article shall be known as Conservation
office. Collier Implementation Ordinance.
(Ord. No. 02-18, § 3, 4-23-02) (Ord. No. 02-63, § 1, 12-3-02)
Sec. 54-254. Removal from office; failure to Sec. 54-272. Objectives.
attend meetings.
Conservation Collier is therefore hereby estab-
Task force membership attendance require- lished to acquire, preserve,restore, and maintain
ments, including failure to attend meetings and vital and significant threatened natural lands,
Supp.No.26 CD54:39
§54-272 COLLIER COUNTY CODE
forest, upland and wetland communities located (e) To protect present conservation lands by
in Collier County, for the benefit of present and acquiring,protecting and managing adjacent prop-
future generations. erties which, if not acquired, would threaten the
(Ord. No. 02-63, § 2, 12-3-02) environmental integrity of the existing resource,
or which, if acquired, would enhance and buffer
Sec. 54-273. Findings. the environmental integrity of the resource, and
add to resource connectivity;
(a) The foregoing recitals are true and correct (f) To restore the natural functions, as neces-
and incorporated herein by reference. sary, to any impacted and vulnerable habitats
(b) All ad valorem funds generated hereby which would then contribute significantly to ful-
shall be collected by the Collier County Tax Col- filling this program's goals;
lector. (g) To help implement the objectives and poli-
cies of the Collier County Growth Management
(c) The county manager or his or her designee,
Plan which have been promulgated to preserve
shall administer this program in accordance with and protect environmental protection areas des-
the procedures and criteria provided for herein. ignated in the plan and other natural forest
(Ord. No. 02-63, § 3, 12-3-02) resources, wetlands, endangered species habitat,
and vulnerable rare habitats;
Sec. 54-274. Purpose and intent.
(h) To identify Collier County's best and most
(a) To acquire, protect and manage environ- endangered environmental lands for acquisition,
mentally sensitive lands that contain natural protection and management by evaluating the
upland or wetland communities,native plant corn- biological and hydrological characteristics and
munities, rare and endangered flora and fauna, viability of the resource, the vulnerability of the
endemic species, endangered species habitat, a resource to degradation or destruction, and the
diversity of species, significant water resources, feasibility of managing the resource to maintain
or outstanding aesthetic or other natural fea- its natural attributes;
tures, maximizing protection of Collier County's (i) To manage acquired environmentally sensi-
rarest, most unique and endangered habitats; tive lands with the primary objectives of main-
(b) To acquire, protect and manage environ- taining and preserving their natural resource
mentally sensitive lands that offer the best hu values,and providing appropriate natural resource-
man social value, including equitable geographic based recreational and educational opportunities,
distribution, natural resource based recreation, by employing management techniques that are
and protection of water resources,local ecological most appropriate for each native community so
awareness, and enhancement of the aesthetic that our natural heritage may be preserved and
setting of Collier County; appreciated by and for present and future gener-
ations;
(c) To acquire, protect and manage environ-
(j) To have the acquired sites available, with
mentally sensitive lands that serve to recharge minimal risk to the environmental integrity of the
the county's aquifers and protect its wetlands and site, to educate Collier County's school-age popu-
surface water resources to ensure the delivery of lation and the general public about the unique-
clean and plentiful water supplies and provide ness and importance of Collier County's subtrop-
flood control; ical ecosystems and natural communities;
(d) To acquire, protect and manage environ- (k) To protect natural resources which lie within
mentally sensitive lands containing the most bi- the boundaries of other conservation land acqui-
ological value, including biodiversity, listed spe- sition programs,where Conservation Collier funds
cies habitat, connectivity, restoration potential, would leverage significant other matching sources /'�
and ecological quality; of funding for other agency acquisition projects l
Supp.No. 26 CD54:40
�r....' ENVIRONMENT §54-276
that would not be available without such a local Environmentally sensitive land shall mean that
match, or which would result in considerably land which contains natural upland or wetland
higher funding rank in another program, how- communities,native plant communities,rare and
ever, Collier County shall exclude municipalities endangered flora and fauna, endemic species,
within the County from any requirement to pro- endangered species habitat,a diversity of species,
vide matching funds; and significant water resources, or outstanding aes-
(1) To cooperate actively with other acquisition,
thetic or other natural features.
conservation, and resource management pro- Management shall mean the preservation, en-
grams, including, but not limited to, such pro- hancement, restoration, conservation, monitor-
grams as the State of Florida Conservation and ing, or maintenance of the natural resource val-
Recreation Lands program, the Land Acquisition ues of environmentally sensitive lands which have
Trust Fund,Florida Forever,and Save Our Rivers been acquired or approved for management under
Program, where the purposes of such programs Conservation Collier,including provision of appro-
are consistent with the purposes of Conservation priate public access.
Collier as stated hereinabove.
(Ord. No. 02-63, § 4, 12-3-02) Target protection areas shall mean larger areas
of environmentally sensitive land within which
Sec. 54-275. Definitions. are located specific sites which generally satisfy
The following words and phrases,when used in the initial screening criteria and meet the goals of
this article, shall have the meanings ascribed to Conservation Collier.
them in this section: Natural resource-based recreation shall mean
Acquisition proposal shall mean a parcel(s) of all forms of uses which are consistent with the
land which has/have been nominated or recom- goals of this program, and are compatible with
mended for conservation in accordance with the the specific parcel. Such uses shall include, but
procedures provided for herein. not be limited to, hiking, nature photography,
bird-watching, kayaking, canoeing, swimming,
Acquisition project shall mean a parcel(s) of hunting and fishing.
land approved by the Board of County Commis- (Ord. No. 02-63, § 5, 12-3-02)
sioners for conservation by the county in accor-
dance with procedures provided for herein.
Sec. 54-276. Creation of the Conservation
Authorized purpose means expenditures autho- Collier Acquisition Trust Fund.
rized herein.
Collier County shall establish the Conserva-
Non-profit organization shall mean an organi- tion Collier Acquisition Trust Fund for use in
zation as defined in section 501 of the United acquiring environmentally sensitive lands in Col-
States Internal Revenue Code, operating in Col- her County. This fund shall receive and disburse
Tier County, which includes among its primary monies in accordance with the provisions herein.
goals the conservation of natural resources and
the protection of the environment. (1) The Conservation Collier Acquisition Trust
Fund shall receive monies from the follow-
Buffer land shall mean that land which is ing sources:
adjacent to publicly-owned environmental land,
or privately held land permanently dedicated to a. All monies accepted by Collier County
conservation, or that land which is an in-holding in the form of federal, state,or other
within publicly-owned environmental land, and governmental grants, reimburse-
which, if not acquired, would threaten the envi- ments, allocations, or appropria-
ronmental integrity of the existing resource, or if tions, foundation or private grants,
acquired, would enhance the environmental in- donations for acquisition of environ-
tegrity and connectivity of the resource. mentally sensitive lands and pay-
Supp.No. 38 CD54:41
T u4-276 COLLIER COUNTY CODE
ments provided for mitigation activ- b. Costs associated with each acquisi-
ity associated with such acquisition tion including, but not limited to,
activity. appraisals, surveys, environmental
b. Such additional allocations as may reports, title commitments and in-
be made by the Board of County surance policies,real property taxes,
Commissioners from time to time for documentary stamps and surtax fees,
the purpose set forth herein. and other transaction costs.
c. All interest generated from the c. Costs of administering Conservation
sources identified herein except where Collier,including any loans from the
monies received have been other- general fund for funding start-up
wise designated or restricted. costs until such time as the fund is
d. Supplementation from the Conserva closed Administration of the pro
tion Collier Management Trust Fund, gram may be conducted by county
but only with the approval of the staff or by contract with a private or
Collier County Board of County Com not for profit entity subject to meet-
ing all County and Conservation Col-
missioners. her purchasing policies administra-
e. Up to 85 percent of all ad valorem tive costs shall be limited to the
revenues collected for Conservation greatest extent possible.
Collier. d. To undertake and carry out studies
f. The proceeds of any property ac- and analyses of county conservation
quired with funds from the Conser- land needs and ways of meeting those
vation Collier Acquisition Trust Fund needs, limited to no more than
that is leased or sold by the county, $150,000.00.
said proceeds, as determined by the e. To acquire and dispose of real and
Board of County Commissioners, to
be committed either to the Conser- personal property or any interest
vation Collier Acquisition Trust Fund therein when necessary or appropri
or to the Conservation Collier Man- ate to protect the natural environ-
agement Trust Fund for the pur- ment,provide public access or public
poses provided for herein. Any such recreational facilities,preserve wild-
sale or lease shall only be in actor- life habital areas or provide access to
dance with the goals of this program. management of acquired lands, to
acquire interests in land by means of
g. Prior to acquiring land located within land exchanges, and to enter into
a municipality's boundaries,approval alternatives to the acquisition of fee
must first be obtained from the gov- interests in land, including, the ac-
erning body of that municipality. quisition of easements, life estates,
(2) The Conservation Collier Acquisition Trust leases,and leaseback arrangements.
Fund shall be maintained in a separate f. Acquisitions consistent with the Col-
and segregated trust fund of the county to her County Land Development Code
be used solely for the authorized purposes and the Growth Management Plan.
set forth herein. g. To cooperate with other local, re-
(3) Disbursements from the Conservation Col- gional, state, or federal public land
her Acquisition Trust Fund shall be made acquisition programs in such cases,
only for the following authorized pur- the county may enter into contrac-
poses. tual or other agreements to acquire
a. Acquisition of properties which have lands jointly or for eventual resale to
been approved for purchase by the other public land acquisition pro-
Board of County Commissioners. grams in Collier County.
Supp.No.38 CD54:42
ENVIRONMENT §54-277
h. All lands acquired and titled solely m. To identify parcels of land that would
in the name of Collier County shall be appropriate acquisitions.
be managed by Collier County,wher-
ever located, unless by mutual writ- n. To do any and all things necessary or
ten agreement management arrange convenient to carry out the purposes
ments and responsibilities are of, and exercise the powers given
undertaken with other local, re- and granted herein to the full extent
gional,state, or federal agencies.All of the law.
lands jointly acquired with other to (Ord. No. 02-63, § 6, 12-3-02; Ord. No. 07-65, § 6)
cal, regional, state, or federal agen-
cies, including municipalities, shall Sec. 54-277. Creation of the Conservation
include, as part of the acquisition Collier Management Trust Fund.
process, some mutual written agree-
ment regarding the responsibilities There is hereby created the Conservation Col-
of the joint owners for maintenance. her Management Trust Fund (hereinafter re-
ferred to as the Conservation Collier Manage-
i. To borrow money through the issu- ment Trust Fund) for the preservation,
ance of bonds for the purposes pro- enhancement,restoration,conservation and main-
vided herein, to provide for and se- tenance of environmentally sensitive lands that
cure the payment thereof, and to either have been purchased with monies from the
provide for the rights of the holders Environmentally Sensitive Lands Acquisition Trust
thereof. Fund, or have otherwise been approved for man-
j. To invest any funds held in reserves agement. The Finance Director is hereby autho-
or sinking funds, or any funds not rized to establish the Conservation Collier Man-
agement Trust Fund and to receive and disburse
required for immediate disburse
ment,in such investments as may be monies in accordance with the provisions of this
authorized for trust funds under F.S. section.
§ 215.47 as amended. (1) The Conservation Collier Management
k. To insure and procure insurance Trust Fund shall be maintained in a sep-
against any loss in connection with arate and segregated trust fund of the
any of the trust's operations,includ County to be used solely for the autho-
ing without limitation. rized purposes set forth herein.
a. The repayment of any loans to (2) The Conservation Collier Management
mortgage lenders or mortgage Trust Fund shall receive monies from the
loans, following sources:
b. Any project, a. Ad-valorem taxes collected for c. Any bonds of the County. Con-
servation Collier in an amount no
less than 15 percent of the total
Insurance may be procured in collected in any one year.
such amounts and from such
insurers, including the federal b. All monies accepted by Collier County
in the form of federal,State,or other
government,as may be deemed
necessary or desirable by Col- governmental grants, allocations, or
Tier County. appropriations, as well as founda-
tion or private grants and donations,
1. To engage the services of private for management of lands acquired
consultants on a contract basis for with the Conservation Collier Acqui-
rendering professional and technical sition Trust Fund or otherwise ap-
assistance and advice. proved for management.
Supp.No. 38 CD54:43
�R4-277 COLLIER COUNTY CODE
c. Additional allocations as may be made (4) General civic and citizen interests from
by the Board of County Commission- throughout the county. Individual mem-
ers as necessary from time to time bers of the land acquisition advisory com-
for purposes strictly consistent with mittee shall have expertise,knowledge or
the goals and purposes of Conserva- interest in ecology, conservation of natu-
tion Collier. ral resources, real estate or land acquisi-
d. All interest generated from the tion, land appraisal, land management,
sources identified herein, except eco-tourism or environmental education.
where monies received have been A nominee shall submit to the Board of
otherwise designated or restricted. County Commissioners written evidence
of his or her expertise, knowledge or in-
e. Supplementation from the Conserva- terest in any of the above.The members of
tion Collier Acquisition Trust Fund, this committee should include represen-
but only with the approval of the tatives from different areas of Collier
Collier County Board of County Com- County.
missioners.
(3) Disbursements from the Conservation Col- (c) Terms of office. The initial terms of office of
the members shall be staggered between the
Tier Management Trust Fund shall be individual interests,for balance purposes, and be
made by the County Manager or his or set as follows:
her designee only in accordance for the
authorized purposes set forth herein. (1) Three members shall serve three years.
(Ord. No. 02-63, § 7, 12 3 02; Ord. No. 2011-12, (2) Three members shall serve two years.
e 1)
(3) Three members shall serve one year.
lismgirec. 54-278. Land acquisition advisory com- Thereafter,all appointments shall be for a
mittee. term of three years. The process for ap-
(a) Creation and purpose. The land acquisition pointments and terms of office shall be
advisory committee is hereby established to assist governed by Collier County Ordinance
the Board of County Commissioners in establish- No. 2001-55.
ing an active properties acquisition list with qual-
ified purchase recommendations consistent with (d) Officers,quorum and rules of procedure. At
the goals of Conservation Collier. its earliest opportunity, the membership of the
committee shall elect a chairperson and vice chair-
(b) Appointment and composition. The land person from among the members officers' terms
acquisition advisory committee shall be composed shall be for a period of one year,with eligibility for
of nine members who are appointed by and will reelection.
serve at the pleasure of the Board of County
Commissioners in accordance with Ordinance No. The presence of five or more members shall
2001-55. Membership of the land acquisition ad- constitute a quorum of the committee necessary
visory committee shall comprise broad and bal to take action and transact business.The commit-
anced representation of the interests of Collier tee shall, by majority vote of the entire member-
County citizens, including. ship, adopt rules of procedure for the transaction
of business. The land acquisition advisory com-
a) Environmental and conservation inter- mittee shall comply with the applicable require-
ests in Collier County. ments of the Florida Sunshine Law, and shall
(2) Agricultural and business interests in Col- keep a written record of meetings, resolutions,
Tier County. findings and determinations in accordance with
F.S. ch. 112. Copies of all committee minutes,
(3) Educational interests in Collier County, resolutions,reports,and exhibits shall be submit-
and ted to the Board of County Commissioners.
Supp.No.38 CD54:44
ENVIRONMENT §54-278
(e) Attendance and vacancies. Committee mem-
ber attendance requirements,including failure to
attend meetings and member removal from office
are governed by Collier County Ordinance No.
2001-55, as amended.
(f) Functions, powers and duties of the land
acquisition advisory committee. The land acquisi-
tion advisory committee shall have the following
duties and responsibilities:
(1) The land acquisition advisory committee's
primary responsibility is to recommend to
the Board of County Commissioners an
active properties acquisition list with qual-
ified purchase recommendations consis-
tent with the goals of Conservation Col-
lier and pursuant to the policies outlined
herein below.
(2) The land acquisition advisory committee
may,from time to time,recommend to the
Board of County Commissioners proposed
expenditures from the Conservation Col-
lier Trust Funds, additional selection or
acquisition policies, procedures, and pro-
grams and other such matters as may be
necessary to fulfill the purposes of Con-
servation Collier. However, the goals and
primary criteria of Conservation Collier
may not be modified except by countywide
referendum vote.
(3) The land acquisition advisory committee
shall have no power or authority to com-
mit Collier County to any policies, to
incur any financial obligations or to cream
any liability on the part of the county.The
Supp.No. 38 CD54:44.1
ENVIRONMENT §54-280
actions and recommendations of the land shall then be further prioritized by secondary
acquisition advisory committee are advi- evaluative criteria listed below under section (2).
sory only and shall not be binding upon The initial screening criteria are:
the county unless approved or adopted by
the board of county commissioners. (1) Land with the most rare, unique and
endangered habitats found in Collier
(4) At such time as there are insufficient
County, order of preference tropical hard-
uncommitted funds in the Conservation wood hammocks, xeric oak scrub, coastal
Collier Acquisition Trust Fund to con- grand, native beach, xeric pine, riverine
dude another acquisition and all acquisi- oak, high marsh (saline, tidal freshwater
tion projects have been closed, the land marsh, other native habitats.
acquisition advisory committee shall re-
port to the county commission that its (2) Lands offering the best human social val-
business is concluded.All remaining Con- ues,including equitable geographic distri-
servation Collier Acquisition Trust Fund bution, appropriate access for natural re-
monies shall then be transferred to the source-based recreation,and enhancement
Conservation Collier Management Trust of the aesthetic setting of Collier County.
Fund.
(3) Land which protects the most water re-
(g) Review of the land acquisition advisory source values,including aquifer recharge,
committee. The land acquisition advisory commit- water quality,wetland dependant species
tee shall be reviewed by the board of county habitat, and flood control.
commissioners every four years in accordance
with the provisions of Section Nine of Collier (4) Land containing the most biological value,
County Ordinance No. 2001-55, as amended. including biodiversity, listed species hab-
(Ord. No. 02-63, § 8; Ord. No. 07-65, § 8) itat, connectivity, restoration potential,
and ecological quality.
Sec. 54-279. Property eligible for acquisi-
tion and management. (5) Land which enhances and/or protects the
environmental value of current conserva-
(a) Properties eligible to be considered for ac- tion lands through function as a buffer,
quisition and management under Conservation ecological link, or habitat corridor.
Collier shall be only environmentally sensitive
lands available from willing and voluntary partic- (6) Any qualified land which meets at least
ipants. two of the above criteria, and has match-
(b) Acquisition of property shall not be con ing funds available and/or which Conser-
strained based on the immediate availability of vation Collier funds availability would
management money. leverage a significantly higher funding
rank in another acquisition program.
(c) Any environmentally sensitive land not on
the acquisition list which is offered for convey- (b) Those proposed acquisition proposals which
ance or donation to Collier County and is pro- are initially qualified under the screening criteria
posed for management by Conservation Collier shall be evaluated and ranked by the staff and
shall be evaluated as provided for herein below land acquisition advisory committee using second-
and may only be accepted and approved for man- ary ranking criteria based on site visit informa-
agement by the board of county commissioners. tion which confirms or refines the initial screen-
(Ord. No. 02-63, § 9) ing criteria evaluation, and based on comparative
size (to prefer larger of similar parcels), vulnera-
Sec. 54-280. Criteria for evaluating lands for bility to destruction (to prefer most threatened of
acquisition and management. qualified parcels),overall resource ecological qual-
(a) The evaluation of each acquisition proposal ity (to prefer highest quality of similar parcels)
shall be based on satisfying at least two of the and the estimated feasibility and costs of manage-
initial screening criteria below. Qualified sites ment (to prefer most manageable parcels).
Supp.No. 23 CD54:45
§54-280 COLLIER COUNTY CODE �.
(c) The board of county commissioners hereby commissioners, passage of the referendum and
shall approve and make a part hereof the at- appointment of the land acquisition advisory corn-
tached initial list of target protection areas within mittee, even if the manual has not been com-
which are located specific sites which generally pleted.
satisfy the initial screening criteria and meet the (Ord. No. 02-63, § 10; Ord. No. 07-65, § 10)
goals of Conservation Collier inclusion on this list
is not a guarantee of any specific purchase. All Sec. 54-281. Acquisition list.
specific proposals will be evaluated and ranked by
staff and the land acquisition advisory committee The overall Conservation Collier Acquisition
List shall consist of two specific
for a recommendation of approval to the board of lists the target
county commissioners. protection areas list and the active acquisition
list. The land acquisition advisory committee and
In accordance with the goals, policies and pro- board of county commissioners shall approve both
cedures of this Conservation Collier Implementa- in accordance with the procedures set forth below.
tion Ordinance, the following list is the first (1) The target protection areas list shall con
target protection areas adopted for consideration sist of lands representing the highest nat-
by the land acquisition advisory committee,county ural resource values (such as natural re
staff and the board of county commissioners. source protection areas), but generally
(1) All designated urban lands on the Future not specific parcels, and is initially ap-
Land Use Map of the Collier County proved by the board of county commission-
Growth Management Plan with predomi- ers and updated periodically by the board
nantly native vegetative cover. of county commissioners and land acqui-
(2) All Collier County Natural Resource Pro sition advisory committee. It is estab
tection Areas and Sending Lands,as shown lished and updated in accordance with --�
on the Future Land Use Map of the Col- Conservation Collier goals,procedures and
Tier County Growth Management Plan. criteria.
(2) The active acquisition list shall consist of
(3) All undeveloped lands with predomi
criteria-qualified sites that have been se-
nanely native vegetative cover in the North-
lected from target protection areas, as
ern Golden Gate Estates, as shown on the well as qualified acquisition proposals sub-
Future Land Use Map of the Collier County mitted to the land acquisition advisory
Growth Management Plan. committee by the public,all of which have
(4) The Flow-Way and Habitat Stewardship had applications submitted by property
Areas as depicted on the Future Land Use owners. The active acquisition list shall
Map of the Collier County Growth Man- separate proposals into three categories.
agement Plan. A(pursue acquisition),
(d) The county manager shall prepare and B (hold for re-ranking in the next eyelet,
periodically update for presentation to the board and
of county commissioners, a Conservation Collier C (no interest in acquiring).
Program Manual, developed by staff and the land
acquisition advisory committee, which, upon ap- The A-category parcels/protects shall be fur-
proval by the board of county commissioners, ther categorized as 1 (high priority) 2 (medium
shall be used as a guide for implementing the property) and 3 (low priority), in order to give
provisions of this article, and shall also include county staff direction as to priority for acquisition
the initial and secondary criteria listed herein tasks. The active acquisition list shall be updated
above for evaluating Conservation Collier Acqui- periodically according to Conservation Collier pro-
sition Proposals Commencement of the acquisi- cedures and criteria. Site acquisition proposals
tion and management program shall be immedi- that receive the highest evaluations pursuant to ,.�
ate upon approval by the board of county the Conservation Collier criteria and for which
Supp.No.23 CD54:46
ENVIRONMENT §54-283
acquisition is feasible will be placed on this list, (e) While public and landowner applications
pending recommendation by the land acquisition nominating properties for acquisition may be sub-
advisory committee and approval by the board of mitted at any time, during or after the first
county commissioners. annual public solicitation meeting (described be-
(3) Once approved by the board of county low), applications shall be gathered and evalu-
commissioners, the county shall actively ated within the framework of an acquisition cycle,
which time frame shall be publicly announced.
pursue acquisition of A-category projects
on the active acquisition list. All sites (f) There will be an annual public meeting for
shall be pursued on a voluntary "willing the purpose of updating the board of county
participant"basis only,without the use of commissioners and the public and for soliciting
the county's eminent domain powers. proposals and applications. The first such meet-
(4) Projects will only be removed from the ing will take place at the end of the first year of
active acquisition List by successful pur- implementation of Conservation Collier.
chase of the site, approval of the next (g) Owner interest shall be disclosed in appli-
succeeding list,withdrawal of positive in- cations in the same manner as required of zoning
terest by the property owner, or by reso- applicants by the Collier County Land Develop-
lution of the board of county commission- ment Code.
ers. Projects removed may still be (Ord. No. 02-63, § 12; Ord. No. 07-65, § 12)
considered at a later time.
(Ord. No. 02-63, § 11, 12-3-02; Ord. No. 07-65, Sec. 54-283. Procedure for selection of ac-
§ 11) quisition proposals for place-
ment on the active acquisition
Sec. 54-282. Nomination of acquisition pro- list and subsequent purchase
posals and candidate sites. procedures.
(a) Nominations for the Conservation Collier (a) Acquisition proposals for which applica-
Program may be made by any person or organi- tions have been received shall be prescreened
zation,including Collier County,regional,state or using the initial screening criteria. Those that
federal agencies, by contracting program staff in satisfy two out of six of the initial screening
writing and providing positive identification of criteria shall be forwarded to the land acquisition
the parcel/project through a map or folio num- advisory committee for a vote for a complete
ber(s). Staff will send an inquiry to the owner in evaluation.
the form of an interest letter advising of the
nomination and asking if the owner wishes to (b) Acquisition proposals which do not satisfy
submit an application for consideration to the the initial screening criteria or which satisfy
Conservation Collier Program. initial screening criteria but for other reasons
may not fulfill the purposes of Conservation Col-
(b) An owner may nominate his or her own Tier will be reported to the land acquisition advi-
property by submitting an application. sory committee and shall not be evaluated further
unless at least five members of the land acquisi-
(c) County staff will send letters of interest to tion advisory committee vote for a complete eval-
property owners within target protection areas as uation.
directed by the land acquisition advisory commit-
tee asking if the owner wishes to submit an (c) Proposals which satisfy the initial screen-
application for consideration to the Conservation ing will be further evaluated for presentation to
Collier Program. the land acquisition advisory committee for re-
view and ranking. Evaluation shall include a site
(d) An application submitted by the property visit, which staff shall coordinate with the prop-
owner to the county manager or his designee shall erty owner, and which may include one advisory
be evidence of a willing seller. committee member, review of information about
Supp.No.23 CD54:47
§54-283 COLLIER COUNTY CODE �,
the parcel(s) available in the county's electronic praisals are received make an offer to the own-
databases and research into any other records er(s)pursuant to the approved Conservation Collier
retained by the county about the parcel(s). Using Land Acquisition Purchase Policy(Resolution No.
both observed and gathered data staff shall pre- 2003-195,or as superseded)parcels located within
pare an Initial Criteria Screening Report (ICSR) the Rural Fringe Mixed Use District "Sending"
which will include boundary and location maps lands are subject to additional requirements re-
for each site, descriptions of the biological and garding transfer of development rights (TDR)
hydrological characteristics, including initial cri- credits, as specified in the Conservation Collier
teria satisfied, a summary of its potential for Land Acquisition Purchase Policy, Resolution No.
appropriate use,development potential of the site 2003-195, or as superseded. Once an offer is
and adjacent land, an assessment of the manage- accepted, real estate services staff will prepare a
ment needs and costs,the assessed and estimated contract and request the owner sign. This signed
value, and any potentially available matching contract will be presented to the land acquisition
funds. advisory committee at a public meeting to decide,
by majority vote,whether to recommend approval
(d) Upon completion of the ISCR, the land of the contract to the board of county commission-
acquisition advisory committee shall hold a public ers. Along with the contract, staff will provide a
hearing for presentation of information contained project design report for each parcel/project, in-
in the ICSR regarding each site, the applicants cluding cost, history, purpose of project, and pro-
and/or landowners'comments,and comments from gram qualifications.
the public. A courtesy notice shall be provided to
the owners of properties which are the subject of (i) After obtaining a recommendation from the
the hearing, although failure to notify said own- land acquisition advisory committee,the contract,
ers shall not invalidate these proceedings. project design report and land acquisition advi-
sory committee recommendation will be pre-
(e) Alter all properties within the current ac- sented to the board of county commissioners at a
quisition cycle have been presented, (the land public hearing for their review and approval.
acquisition advisory committee shall evaluate all
qualified proposals using criteria as documented (j) The board of county commissioners shall
in the ICSR along with, public comments, and have final approval authority for the contract
their own experience and judgments, and then terms for each proposed project and shall autho-
rank the parcels according to the A, B and C rize any and all purchases.
ranking categories to create a recommended ac- (k) Once a contract has been approved and
tive acquisition list at a public hearing. Addi- executed by the board of county commissioners in
tional meetings may be called to complete this accordance with county policies, real estate ser-
task. vices staff shall proceed to close on the purchase
(f) The recommended active acquisition List of property in accordance with county policies.
shall be forwarded to the board of county commis- (Ord. No. 02-63, § 13; Ord. No. 07-65, § 13)
sioners, who, in a public meeting, shall vote on
whether to approve all or part of the proposed Sec. 54-284. Management plans and use of
active acquisition list properties may be added environmentally sensitive lands.
but any additional properties must be subjected (a) No later than 90 days from the date of
to the entire evaluation process. acquisition, an interim management plan for any
(g) County staff shall notify property owners property acquired shall be submitted by county
and the public of the final approved active acqui- staff to the land acquisition advisory committee
sition list. for approval. Upon approval, the plan shall be
submitted to the board of county commissioners
(h) After approval of the active acquisition list, for final approval and shall be implemented by
real estate services staff will arrange for apprais- the county management pursuant to the board's
als for A-category parcels/projects and when ap- direction. Any such interim management plan(s)
Supp. No.23 CD54:48
ENVIRONMENT §54-286
shall not be implemented for more than two years (f) The County will seek cooperative manage-
after acquisition of the property, prior to the ment arrangements with other agencies and en-
expiration of two years,either a new management tities, in keeping with the approved management
plan shall be implemented or, by affirmative plans and goals of Conservation Collier.
action of the Board, the interim plan shall con-
tinue. (g) Purchasing land using Conservation Col-
lier program funds permanently extinguishes all
(b) A final management plan, with required development rights except those strictly compat-
review and updating every ten years, shall be ible with the purposes and goals of Conservation
prepared, with review and input of the land Collier, unless such lands are exchanged for sim-
acquisition advisory committee,for each property ilar lands within and between multi-parcel projects
acquired by Conservation Collier which shall: that have been previously recommended by the
Conservation Collier Land Acquisition Advisory
(1) Identify such management activities as Committee and approved by the Board of County
are necessary to preserve, enhance, re- Commissioners in accordance with the goals and
store, conserve, maintain or monitor the purposes of the program. In case of these land
resource, as appropriate; and exchanges, development rights are restored to
those properties exchanged out of County owner-
(2) Identify such uses as are consistent with ship.
the preservation, enhancement, restora-
tion,conservation and maintenance of the (h) Public access is an important element of
resource; and management and this program. Examples of per-
(3) Estimate the annual costs of managing mitted uses, subject to compatibility with specific
the project. parcels, include hiking, nature photography, bird
watching, kayaking, canoeing, swimming, hunt-
(c) Annually, the ten-year management plans ing and fishing. The program will also make the
acquired sites available,with minimal risk to the
prepared during the preceding year shall be sub environmental integrity of the site, to educate
mitted to the Board of County Commissioners for Collier County's school-age population and the
its approval. Each ten-year management plan general public about the uniqueness and impor-
shall be updated at least every five years from the tance of Collier County's subtropical ecosystems
last date of Board approval,and may be amended and natural communities.
as often as required management plan updates (Ord. No. 02-63, § 14; Ord. No. 07-65, § 14)
and amendments shall be reviewed by the land
acquisition advisory committee for their input
and recommendations and then submitted to the Sec. 54-285. Responsibilities of the county
Board of County Commissioners for approval. manager.
(d) All management plans shall be consistent The County Manager shall facilitate such ac
with the purposes set forth herein.All properties tivities, designate such staff, and assign such
acquired or managed through Conservation Col- responsibilities as are necessary to fulfill the
Tier shall be managed in accordance with the purposes of this article.
approved management plan for that property. (Ord. No. 02 63, § 15; Ord. No. 07 65 § 15)
(e) No use,infrastructure,or improvement shall Sec. 54-286. Sunset of the Conservation Col-
be permitted on any property acquired or man- Tier ad valorem tax.
aged under Conservation Collier that is inconsis-
tent with the purposes of the program or that is (a) The Conservation Collier special tax reve-
not provided by an approved management plan nue will sunset after ten years, unless reautho-
for the property. rized through similar voter referendum approval.
Supp.No.26 CD54:49
§54-286 COLLIER COUNTY CODE
(b) The management trust fund continues in (f) It is the intent of the Board of County
perpetuity, as long as Conservation Collier lands Commissioners that this article be construed to
remain in County hands. ensure the long-term protection and preservation
(Ord. No. 02-63, § 16) of Conservation Collier Lands through the appli-
cation of the criteria contained herein.
Secs. 54-287-54-300. Reserved. (g) This article is adopted under the authority
of F.S. ch. 125. The county manager, or his desig-
nee, shall administer this article.
ARTICLE X. EXCEPTIONAL BENEFITS (Ord. No. 2006-58, § 1)
PROCESS
Sec. 54-302. Definitions.
Sec. 54-301. Short title,intent,applicability, The following words, terms and phrases,when
authority. used in this article, shall have the meanings
ascribed to them in this section, except where the
(a) This article shall be known as the"Conser- context clearly indicates a different meaning:
vation Collier Exceptional Benefits Ordinance". (a) Program lands are those lands acquired in
whole or in part from funds obtained from the
(b) It is the intent of this article to recognize Conservation Collier Trust Fund as allowed by
that while the public interest is best served when Ordinance No. 2002-63, as amended, as well as
the program lands as defined in Subsection 54- lands donated to the Conservation Collier Pro-
302(a) are allowed to remain as conservation gram.
lands in perpetuity, the public interest may also
be served in certain circumstances where portions (b) Dedications (other-use dedications) means:
of program lands,subject to existing grant restric- (1) A conveyance of fee simple interest of
tions or partnership agreements, are dedicated to program lands or an easement interest in
other public uses thereby providing necessary program lands to an entity other than
public infrastructure in addition to an exceptional Collier County or;
benefit to the program.
(2) A change of the primary use of the pro-
(c) It is the intent of this article to recognize gram lands from conservation and preser-
that other-use dedications of portions of program vation to some other use which benefits
lands that fail to result in an exceptional benefit the public so long as fee simple interest
to the program as defined in Subsection 54-304(d) remains in favor of Collier County.
are not in the public interest and shall be prohib (c) Interest in program lands means a fee sim-
ited. ple interest, easement, right-of-way, or a formal
declaration of a use not initially intended for the
(d) It is the intent of this article to provide a property acquired as conservation lands.Uses not
process and procedure whereby the Conservation initially intended include, but are not limited to,
Collier Land Acquisition Advisory Committee utility systems and facilities and roadways.
(CCLAAC) can evaluate and make a recommen-
dation at a publicly-noticed meeting to the Board (d) Exceptional benefit to the program means
of County Commissioners as to whether other-use that the proposed other-use dedications of por-
dedications of portions of Conservation Collier tions of Conservation Collier Lands is consistent
Lands provide an exceptional benefit to the pro- with the goals, objectives and policies of the
gram. program and is offset by the transfer into the
program of funds, land, or a combination thereof
(e) The provisions of this article apply to the that results in a greater value or acreage for the
Conservation Collier Lands as defined in Subsec- program.
tion 54-302(a). (Ord. No. 2006-58, § 2)
Supp.No.26 CD54:50
ENVIRONMENT §54-303
Sec. 54-303. Protection of the Conservation (5) Demonstrate how the other-use dedica-
Collier Lands. tions of portions of program lands will not
adversely affect any state or federally
(a) A governmental entity,including the County listed species.
acting through one of its departments, may re-
quest an interest in program lands by submitting (6) Demonstrate that the proposed compen-
a written petition to the County Manager or his sation meets the goals and purposes of the
designee on behalf of the Board of County Com- program and provides an exceptional ben-
missioners. efit to the program.
(b) The County Manager or his designee will (7) Include the current value of the land to be
acquired as provided for in Subsection
bring the petition to the CCLAAC who will eval- 54-302(b).
uate and determine in a public forum whether a
potential other-use dedication of portions of Con- (d) Prior to any action by the Board of County
servation Collier Lands provides an exceptional Commissioners regarding the other-use dedica-
benefit to the program prior to any disposition of tions of portions of program lands, the CCLAAC,
program lands. or its successor(s), shall review and prepare find-
ings and recommendations on the proposed com-
(c) The petition form shall: pensation pursuant to section 54-304 of this arti-
(1) State the public purpose for which the
cle to determine:
other-use dedication is being requested. (1) Whether any substitute lands offered meet
the criteria for acquisition under Ordi-
(2) Provide a history and discussion of the nance 2002-63, as amended, Section 10;
alternatives to requesting the specific in-
terest in program lands and demonstrate (2) Whether the substitute lands offered meet
with supporting documentation as to why the purposes for which the affected pro-
other alternatives are not acceptable. gram lands were initially acquired; and
(3) Demonstrate with supporting documenta- (3) Whether the proposed compensation pur-
tion that the requested other-use dedica- suant to section 54-304 provides an excep-
tions of portions of program lands takes tional benefit to the program.The CCLAAC
the minimum acreage and, to the maxi- shall make its findings and recommenda-
mum extent possible, minimizes deleteri- tions no later than 90 calendar days after
ous intrusion,preserves higher quality or receipt of the petition by the county man
acreage of lands than those sought if a ager or his designee. If the affected pro-
land exchange is being offered, impacts gram lands are within municipal bound
the lowest quality habitat, and avoids aries, the petition for conveyance of an
habitat fragmentation, noise and light interest in program lands shall be submit-
pollution that would adversely affect the ted for review by that municipality. The
adjacent remaining program lands. municipality shall have 90 calendar days
from receipt of the request by its mayor or
(4) Demonstrate with supporting documenta- manager to provide comments and recom-
tion a substantial public need for the mendations to county manager or his des-
particular interest in program lands re- ignee, who shall provide copies of the
quested, why there are no acceptable al- comments and recommendations received
ternatives to meet the need, why the from CCLAAC and the applicable munic-
competing public use must occur at that ipality to the Board of County Commis-
location, and how the other-use dedica- sioners at the public hearing where the
tions of portions of program lands will be petition for other-use dedications of por-
offset to ensure an exceptional benefit to tions of program lands is being consid-
the program. ered.
Supp. No. 26 CD54:51
§54-303 COLLIER COUNTY CODE
(e) If the CCLAAC has been disbanded, the affirmative finding as to each criterion is neces-
petition will proceed directly to the Board of sary for the Board of County Commissioners to
County Commissioners and/or mayor of any af- approve any petition.
fected municipality to request approval.
(h) An affirmative vote of 4/5 of the full mem-
(f) To recommend approval of the petition, the bership of the Board of County Commissioners
CCLAAC must determine that: shall authorize an appropriate conveyance of an
(1) There is a substantial public need for the interest in, or easement over, or declaration of
other use dedications of portions of pro- other public use, on lands held for the program.
gram lands; and (Ord. No. 2006-58, § 3)
(2) There is no viable or reasonable alterna- Sec. 54-304. Compensation for interests in
tive to meet the need other than the use of program lands.
program lands; and
(a) In order to ensure that the conveyance of
(3) That the requested other-use dedications an interest in program lands results in an excep-
of portions of program lands is the mini- tional benefit to the program, the proposed con-
mum acreage necessary and, to the max- veyance must be offset by the acquisition and
imum extent possible, preserves higher transfer into the program of land or payment of
quality or quantity lands than those sought funds that satisfies the definition of an excep-
if a land trade is being offered, impacts tional benefit as stated in subsection 54-203(d) of
the lowest quality habitat, and avoids this article.
habitat fragmentation, noise, and light
pollution to the adjacent remaining pro- (b) The value of the land to be acquired as
gram lands; and compensation for the use of program lands shall
"Th
(4) That the proposed compensation meets exceed the current value of the program lands
proposed for other use. The current value of the
the goals and purposes of the program for interest in program lands shall be determined by
acquisition and is sufficient to ensure that the purchase policy as set forth in Section II of
the proposed conveyance will result in an Resolution 2003-195, and as superseded. If the
exceptional benefit to the program; and net value of the land to be acquired as compensa-
(5) That the proposed conveyance of an inter- tion for the use of program lands does not exceed
est in and use of program lands does not the then current value of the program lands
adversely affect any state or federally proposed for other use, the difference shall be
listed species; and made up monetarily, and those funds shall be
(6) That the findings in this subsection (1) remitted to the program.
through (5) are expressly set forth along (c) Land or funds,or some combination of both,
with the written commitment providing conveyed into the program shall exceed 100 per-
for compensation. cent of the value of lands or interest in lands
proposed for conveyance out of the program. In
(f) If CCLAAC finds that the petition fails to valuing the interest of program lands,the value of
meet any of the requirements of subsection 54 any development rights originally purchased shall
303(f) of this article, the CCLAAC shall recom-
mend that the Board of County Commissioners be included.
disapprove the petition. (d) With exceptions as approved by the Board
(g) The petition shall be brought to the Board of County Commissioners, if less than five acres
of County Commissioners at a publicly-noticed remain as program lands; the entire parcel may
meeting in order to review and consider the be purchased.
recommendation of the CCLAAC and to deter- (e) Quality of habitat for land offered as com-
mine whether the criteria set forth in subsections pensation for environmentally sensitive lands as
54-303(f)(1)—(5) of this article has been met. An defined in Section 5.6 of Ordinance, No. 2002-63,
Supp.No.26 CD54:52