Agenda 12/14/2021 Item # 9D (Ordinance - Collier County Litter, Weed and Exotics Control Area)12/14/2021
9.D
EXECUTIVE SUMMARY
Recommendation to adopt an amendment to Ordinance 2005-44, as amended, known as the
"Collier County Litter, Weed, and Exotics Control Ordinance," regulating the use, stockpiling or
accumulation of construction and demolition debris and other inert waste material.
OBJECTIVE: To limit the use, stockpiling or accumulation of construction and demolition debris.
CONSIDERATIONS: This issue has its genesis from the stockpiling of concrete construction debris on
the property located adjacent to the Boys and Girls Club at the intersection of Davis and Santa Barbara
Blvd. The matter was discussed during several Board meetings, and despite assurances from the owner
that the situation would be promptly remedied, the issue remains. On November 9, 2021, the Board
requested the County Attorney draft an Ordinance to address the issue.
The proposed ordinance addresses the issue by amending the County's existing litter ordinance to include
construction debris. The key provision of the proposed ordinance is as follows:
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 development order.
Under the proposed ordinance, a property owner is allowed to demolish an on -site structure and utilize the
debris as fill, but may not bring in and process off -site construction debris onto their property unless
approved to do so by the parcel's zoning or by a Board approved development order. If allowed to bring
in and process off -site construction debris, the debris must be processed and used as fill within 90 days of
delivery. If the debris is not processed and use as fill within 90 days, it must be hauled off the property.
The proposed ordinance does not further regulate the property owner utilizing an existing on -site structure
as fill, or utilizing construction debris already processed as fill off -site, which County staff views as a
substantial public benefit.
Construction and demolition debris or the inert waste materials that are not properly disposed of pursuant
to the Ordinance would be deemed to be litter and a nuisance and the parcel would be subject to standard
code enforcement procedures.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, with majority support required for approval. - JAK
RECOMMENDATION: That the Board adopt the proposed amendment to Ordinance No. 2005-44, as
amended, to regulate the regulating the use, stockpiling or accumulation of construction and demolition
debris and inert materials.
Prepared by Colleen A. Kerins, Assistant County Attorney and Jeffrey A. Klatzkow, County Attorney
ATTACHMENT(S)
1. Construction Debris Ordinance JAK(2) - 11.23.21 (PDF)
2. legal ad - agenda ID 20701 (PDF)
Packet Pg. 477
9.D
12/14/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.13
Doe ID: 20701
Item Summary: Recommendation to adopt an amendment to Ordinance 2005-44, as amended,
known as the "Collier County Litter, Weed, and Exotics Control Ordinance," regulating the use,
stockpiling or accumulation of construction and demolition debris and other inert waste material.
Meeting Date: 12/14/2021
Prepared by:
Title: Legal Assistant — County Attorney's Office
Name: Wanda Rodriguez
11/23/2021 1:42 PM
Submitted by:
Title: County Attorney — County Attorney's Office
Name: Jeffrey A. Klatzkow
11/23/2021 1:42 PM
Approved By:
Review:
Growth Management Department
Solid and Hazardous Waste
County Attorney's Office
Office of Management and Budget
County Attorney's Office
Office of Management and Budget
County Manager's Office
Board of County Commissioners
James C French
Additional Reviewer
Kari Hodgson
Additional Reviewer
Colleen Kerins
Level 2 Attorney Review
Debra Windsor
Level 3 OMB Gatekeeper Review
Jeffrey A. Klatzkow Level 3 County Attorney's Office Review
Susan Usher
Additional Reviewer
Amy Patterson
Level 4 County Manager Review
Geoffrey Willig
Meeting Pending
Completed
11/23/2021 4:12 PM
Completed
11/23/2021 11:02 PM
Completed
11/30/2021 11:51 AM
Completed
11/30/2021 12:17 PM
Completed
12/01/2021 10:59 AM
Completed
12/04/2021 4:27 PM
Completed
12/06/2021 2:49 PM
12/14/2021 9:00 AM
Packet Pg. 478
9.D.1
ORDINANCE NO.2021 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2005-44,
AS AMENDED, WHICH REGULATES AND CONTROLS LITTER,
WEEDS, AND EXOTICS WITHIN UNINCORPORATED COLLIER
COUNTY, BY REGULATING THE USE, STOCKPILING OR
ACCUMULATION OF CONSTRUCTION AND DEMOLITION DEBRIS
AND OTHER INERT WASTE MATERIAL; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING
FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR A
DELAYED EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to
provide for the health, welfare, and safety of existing and future residents of the County by enacting
and enforcing zoning regulations necessary for the protection of the public; and
WHEREAS, on September 13, 2005, the Board of County Commissioners (Board)
adopted Ordinance No. 2005-44, the "Collier County Litter, Weed, and Exotics Control
Ordinance," to secure public safety, health, and general welfare through clean and sanitary
property, free from wind-blown debris and materials, which ordinance has been amended from
time -to -time; and
WHEREAS, the Board hereby finds that the unauthorized use, stockpiling or accumulation
of construction and demolition debris, including inert waste materials, constitutes a hazard, can
result in adverse impacts to wetlands, air quality, visibility, and safety for surrounding residential
neighborhoods, and is otherwise detrimental to the health, safety and welfare of the Citizens of
Collier County; and
WHEREAS, the Board desires to further amend Ordinance 2005-44 in order to regulate
the processing of construction and demolition debris and inert waste material from an offsite
[21-COA-00275/1683768/1 ]
Page 1 of 5
Words underlined are added; Words s*....,a� are deleted.
Packet Pg. 479
9.D.1
source outside of an approved Conditional Use in the Industrial or Agricultural Zoning Districts
or a Board approved development order.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENTS TO SECTION FOUR OF ORDINANCE NO. 2005-44,
AS AMENDED
Section Four of Ordinance No. 2005-44, as amended, is hereby amended to read as follows:
When used in this Ordinance, the following words, phrases or terms shall have the following
meanings, unless the content clearly indicates otherwise:
Inert waste materials or inert materials. 12dEkWeek, eener-ete, r-eek,stene, eafth an A
sand, free ft-effit re-e-n-tanminatien er- other- t�Tes ef waste, free fr-ofn p ar- and4e
other- metalq I of serving as fill fnater-ial without I 11u4ion of-,
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,
development, 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.
SECTION TWO: AMENDMENTS TO SECTION TEN: WASTE MATERIALS
MANAGEMENT
Section Ten of Ordinance 2005-44, as amended, is hereby amended to read as follows:
I. Inert waste materials may be moused as fill on a site only after a valid building po,.Y,:*
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 regulations. 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 development order.
a. Use of inert debris on a site to be used for site development requires a valid
development order, indicating such intended practice within the site development
plan or building permit application. When placed beneath a building or structure,
[21-COA-00275/1683768/1 ]
Page 2 of 5
Words underlined are added; Words s*....,a� are deleted.
Packet Pg. 480
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 generated may dispose of the debris on -site or
on property that is adjacent or contiguous to, and under common ownership and
control with the property where the debris is generated, provided that all applicable
federal, state and local government 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, ifting, 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 collection 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 conditions 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
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 depressions 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
[21-COA-00275/1683768/1 ]
Page 3 of 5
Words underlined are added; Words s*....,a� are deleted.
Packet Pg. 481
9.D.1
iii. The nearest point of such excavated earthen depression for containment of on -
site downed trees and vegetative 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 inches above the surrounding natural 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
containment 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
£ Clearing within wetlands will require a department of environmental protection
permit.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
[21-COA-00275/1683768/1 ]
Page 4 of 5
Words underlined are added; Words s*....,a� are deleted.
Packet Pg. 482
9.D.1
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE: EFFECTIVE DATE.
To allow current operations sufficient time to come into compliance, this Ordinance shall
take effect on [90 days from filing with the Florida Department of State].
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of
ATTEST:
CRYSTAL K. KINZEL, CLERK
By:
Deputy Clerk
Approved as to form and legality:
Jeffrey A. Klatzkow, County Attorney
[21-COA-00275/1683768/1 ]
2021.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Lo
PENNY TAYLOR, CHAIR
Page 5 of 5
Words underlined are added; Words s*....,a� are deleted.
Packet Pg. 483
`1).1 `) I
9.D.2
Public Notices :Public Nc
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE''
Notice is hereby given that a public hearing will be herd by the
Collier County Board of County Commissioners (BCC) on Decem-
ber 14, 2021, in the Board of County Commissioners Meeting
Room, Third Floor, Collier Government Center, 3299 East
Tamiami Trail, Naples, FL, to consider the enactment of a Coun-
ty Ordinance. The meeting will commence at 9:00 A.M. The title
of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
2005-44, AS -AMENDED, WHICH REGULATES AND CONTROLS UIT-
TER, WEEDS, AND EXOTICS WITHIN UNINCORPORATED COLLIER
COUNTY, BY REGULATING THE USE, STOCKPILING OR ACCUMU-
LATION OF CONSTRUCTION AND DEMOLITION DEBRIS AND
OTHER INERT WASTE MATERIAL; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND FOR C-
FLICT AND EV RABILIT(; AND P ONVIDINGR FOR A DELAYED DING ON
DATE.
A copy of the proposed Ordinance is on file with the Clerk to
the Board and is available for inspection. All interested parties
are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must
register with the County Manager prior to presentation of the
agenda item to be addressed. Individual speakers will be limited
to 3 minutes on any item. The selection of any individual to
speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or or-
ganization may be allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in
the Board agenda packets must submit said material a.minimum
of 3 weeks prior to the respective public hearing In any case,
written materials intended to be considered by the Board shall
be submitted to the appropriate: County staff a minimum of
seven days prior to the public hearing. All materials used in pre-
sentations before the Board will become a permanent part of
the record.
As part of an ongoing initiative to encourage public involve-
ment, the public will. have the opportunity to provide public
comments remotely, as well as in person, during this proceed-
ing. Individuals who would like to participate remotely should
register through the link Provided within the specific
eventlmeeting entry on the Calendar of Events on the County
website at www,cotliercountyfl.aov/visitors/calendar-of events
after the agenda is posted on the County website. Registration
should be done in advance of the public meeting or any dead-
line specified within the public meeting notice. Individuals who
register will receive an email in advance of the public hearing
detailing how they can participate remotely in this meeting. Re-
mote participation is provided as a courtesy and is at the user's
risk. The County is not responsible for technical issues. For addi-
tional information about the meeting, please call Geoffreg
Willig at 252-8369 of email to Geoffrey.WilliclO011iercount 1.
ov.
Anyy person who decides to appeal any .decision' of the Board
will need a record of the proceedings pertaining thereto and
therefore, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommoda-
tion in order to participate in this proceeding, you are entitled,
at no cost to you, to the provision of certain assistance. Please
contact the Collier County Facilities Management Division, locat-
ed at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356,
(239) 252-8380, at least two days prior to the meeting. Assisted
listening devices for the hearing impaired are available in the
Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
PENNY TAYLOR,
CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT & COMPTROLLER
By: Ann Jenne ohn
Deputy Clerk ( EAL)
Pub: Dec. 1, 2021 #5012946
15,
v
C
R
C
�
L
C1
O
C7
v�
p
m
O
O
m
N
7
N
C
m
V
m
m
0
o
7D
N
O
0
O
�
N
Al
to
d
�
tN
A
�
�
N4
d
d
t
U
m
Q
Packet Pg. 484