Loading...
Backup Documents 12/14/2021 Item # 9D 9D 1 2-1 4-21 AMENDING ORDINANCE 2005-44 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a:To: ® Normal legal Advertisement ❑ Other: (Display Adv., location,etc.) Originating Dept/Div: County Attorney Person: Wanda Rodriguez/252-8123 Date: November 18,2021 Petition No.(If none,give brief description): ordinance amending Ord.05-44 re construction debris Petitioner: (Name&Address): n/a Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) Hearing before BCC BZA Other Requested Hearing date:(Based on advertisement appearing 10 days before hearing.) December 14,2021 (ad to run no later than Wednesday,December 1,2021) Newspaper(s)to be used: (Complete only if important): ® Naples Daily News ❑ Other ❑ Legally Required Proposed Text: (Include legal description&common location&Size) See title of attached proposed ordinance. Comp.•ion pe 'tion(s), if any&proposed hearing date: None Purch.• • de P mber to be harged for advertising costs:PO#4500213499 Revie d 411 Division', d strator or Designee Date List Atta m proposed ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division ❑Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. *********************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received:1 1-1. D-"Zri Date of Public hearing: t' I '\Date Advertised: I 9D Ann P. Jennejohn From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Thursday, November 18, 2021 9:48 AM To: Minutes and Records Subject: ad request - construction debris ordinance Attachments: ad request - construction debris ordinance.pdf; Construction Debris Ordinance 11.18.21.docx Please process the attached legal ad to run in the regular classified section on Wednesday, December 1st. Thank you, 147anda Rodriguez, .ACP, CPM Office of the County Attorney (239) 252-8400 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. i 90 NDN Acct #324207 November 18, 2021 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: Amending Ordinance 2005-44 Dear Legals: Please advertise the above referenced Notice (to be placed in the Classified Section of the paper) on Wednesday, December 1, 2021, and send the Affidavit of Publication, together with charges involved, to this office. Thank you. Sincerely, Ann Jennejohn, Deputy Clerk P.O. #4500213499 9D NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC) on December 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 County 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 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. 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 organization 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 presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement,the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl.gov/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 deadline 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.Remote participation is provided as a courtesy and is at the user's risk.The County is not responsible for technical issues.For additional information about the meeting,please call Geoffrey Willig at 252- 8369 or email to Geoffrey.Willig@colliercountyfl.gov. Any 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 accommodation 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, located 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 90 By: Ann Jennejohn Deputy Clerk(SEAL) 9D 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 [21-00A-00275/1683768/1] Page 1 of 5 Words underlined are added; Words;truck through are deleted. 9D 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. Brick, block, concrete, rock, stone, earth and other metals, and capable of serving as fill material without harm to, or pollution of, ground or surface waters. 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: 1. Inert waste materials may be moused as fill on a site only after a valid building permit 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 struck through are deleted. 90 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, 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 [21-00A-00275/1683768/1] Page 3 of 5 Words underlined are added;Words str•tc' *are deleted. 9D 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 f. 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 [21-00A-00275/1683768/1] Page 4 of 5 Words underlined are added; Words struck are deleted. 9D 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 , 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: , Deputy Clerk PENNY TAYLOR, CHAIR Approved as to form and legality: Jeffrey A. Klatzkow, County Attorney [21-00A-00275/1683768/1] Page 5 of 5 Words underlined are added; Words struck through are deleted. 90 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Thursday, November 18, 2021 1:49 PM To: Naples Daily News Legals Subject: Amending Ordinance 2005-44 Attachments: Amending Ordinanace 2005-44.docx; Amending Ordinance 2005-44 (BCC 12-14-21).docx Please advertise the attached on Wednesday, December 1, 2021. This may be placed in the classified section of the paper. Thank you! Ann Jennejotin 13MR Senior Deputy Clerk it ` {'1T{�k kj Clerk to the Value Adjustwtent Board A? ,r Office: 239-252-8406 Fax: 239-252-8408 (if applicable) Ann.Jennejohn@Coll ierClerk.covv< Office of the Clerk of the Circuit Court & Comptroller of Collier County 329R Tannianni Trail, Suite #4O1 Naples, FL 34112-5324 www.CollierClerk.com i 9D Ann P. Jennejohn From: Gannett Legals Public Notices 4 <ganlegpubnotices4@gannett.com> Sent: Friday, November 19, 2021 9:20 AM To: Ann P.Jennejohn Subject: RE: 5012946 - Amending Ordinance 2005-44 Attachments: OrderConf.pdf External Message: Please use caution when opening attachments,clicking links,or replying to this message. Hello, Your notice is scheduled to run on 12/1 in the Daily News. The total cost is$609.00, which includes an affidavit that will be mailed to you after the run date. An order confirmation containing a proof of the notice is attached for your review. Thank you, Forrest Grade Public Notice Representative 4110 NETWORK I L+DCALiQ Office:844-254-5287 From:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Sent:Thursday, November 18, 2021 12:49 PM To: NDN-Legals<legals@naplesnews.com> Subject: 5012946-Amending Ordinance 2005-44 Please advertise the attacked on Wednesday, December 1, 202.1. This may be placed in the classified section of the paper. Thank you! i 9D N i 3 iktu N w PART OF THE USA TODAY NETWORK OFFICE OF THE COUNTY 3299 TAMIAMI TRL E#800 NAPLES FL 34112--574 Account AD# Net Amount Tax Amount Total Amount Payment Method Payment Amount Amount Due 1306921 0005012946 $609.00 $0.00 $609.00 Credit Card $0.00 $609.00 Sales Rep: FGrade Order Taker: FGrade Order Created 11/19/2021 Product #Ins Column Agate Lines Start Date End Date NDN-Naples Daily News 1 2.00 174 12/01/2021 12/0112021 NDN-naplesnews.com 1 2.00 174 12/01/2021 12/01/2021 *ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION 0 Text of Ad: 11/19/2021 NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held 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 LIT- 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 ORDINANCES; PROVIDING FOR CON- FLICT AND SEVERABILITY; AND PROVIDING FOR A DELAYED EF- FECTIVE 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 event/meeting entry on the Calendar of Events on the County website at www.colliercountyfl_gov/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 Geoffrey Willig at 252-8369 or email to GeoffreyWillig@colliercountyfl.q ov. Any 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 Jennejohn Deputy Clerk(SEAL) Pub:Dec. 1,2021 #5012946 9D Ann P. Jennejohn From: Ann P. Jennejohn Sent: Friday, November 19, 2021 9:25 AM To: RodriguezWanda Subject: FW: 5012946 - Amending Ordinance 2005-44 Attachments: OrderConf.pdf Good Morning, Please review the attached For publicatiovt ovt Wednesday, December 1, 2021. Thank you! Ann Jennejohn 13MR Senior Deputy Clerk II ,caT{�k„ Clerk to the Value Adjustwtevtt 13oard Office: 239-252-840(0 Fax: 239-252-8408 (if applicable) re Avtvt.Jevtvtejohvt@CollierClerk.cow r , Office of the Clerk of the Circuit Court r tIfrkttx �'�. & Comptroller of Collier County 32.99 Tavvtiavvti Trail, Suite #401 Naples, FL 34112-5324 www.CollierClerk.com Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Sent: Friday, November 19, 2021 9:20 AM To: Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: RE: 5012946 -Amending Ordinance 2005-44 External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello, Your notice is scheduled to run on 12/1 in the Daily News. The total cost is$609.00, which includes an affidavit that will be mailed to you after the run date. An order confirmation containing a proof of the notice is attached for your review. Thank you, Forrest Grade Public Notice Representative 41,NarmoRK 11.1SA TODAY LOCALiCt 9D Ann P. Jennejohn From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Friday, November 19, 2021 10:09 AM To: Minutes and Records;Ann P.Jennejohn Subject: proof approval: 5012946 - Amending Ordinance 2005-44 - construction debris ord. Attachments: OrderConf.pdf Attorney approval is below, no staff or applicant approval needed for this one. Thanks, "Wanda Rodriguez, ACP, CPM Office of the County Attorney (239) 252-8400 From: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov> Sent: Friday, November 19, 2021 10:04 AM To: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Cc: KerinsColleen<Colleen.Kerins@colliercountyfl.gov>; FrenchJames<James.French@colliercountyfl.gov> Subject: proof for approval: 5012946-Amending Ordinance 2005-44-construction debris ord. Wanda: Approved. Jamie: For the reasons discussed yesterday, I need final staff approval/changes ASAP. Jeffrey A. Klatzkow Collier County Attorney (239) 252-2614 From: RodriguezWanda <Wanda.Rodriguez@colliercountyfl.gov> Sent: Friday, November 19, 2021 9:55 AM To: KlatzkowJeff<Jeff.Klatzkow@colliercountyfl.gov> Subject: proof for approval: 5012946-Amending Ordinance 2005-44-construction debris ord. Jeff, For your approval. 'Wanda Rodriguez, ACP, CPM Office of the County Attorney (239) 252-8400 i 90 Ann P. Jennejohn From: Ann P.Jennejohn Sent: Friday, November 19, 2021 10:15 AM To: 'Gannett Legals Public Notices 4' Subject: RE: 5012946 - Amending Ordinance 2005-44 Approved for publicatiovt. Thank you! Ann ✓ennejotin 13MR Sevtior Deputy Clerk II cot tstTicn:g Clerk to the Value Adjustment Board �.•�"` d`Fy� Office: 23 9-252-8406 Fax: 239-252-8408 (if applicable) Ann.Jennejolfwv@CollierClerk.com o�� Office of the Clerk of the Circuit Court I/ t 'MN•\ & Comptroller of Collier Couvtty 3299 Tavvtiami Trail, Suite #4O1 Naples, FL 34112-5324 www.CollierClerk.com Gannett Legals Public Notices 4<ganlegpubnotices4@gannett.com> Sent: Friday, November 19, 2021 9:20 AM To:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Subject: RE: 5012946-Amending Ordinance 2005-44 External Message: Please use caution when opening attachments, clicking links, or replying to this message. Hello, Your notice is scheduled to run on 12/1 in the Daily News. The total cost is$609.00, which includes an affidavit that will be mailed to you after the run date. An order confirmation containing a proof of the notice is attached for your review. Thank you, Forrest Grade Public Notice Representative 410 NETWORKY LOCALI'Q Office:844-254-5287 From:Ann P.Jennejohn <Ann.Jennejohn@collierclerk.com> Sent:Thursday, November 18, 2021 12:49 PM 1 ai Public Notices r Public Notices NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be he'll 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 UT- 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 PFUCT AND SEVERABILITY; AND IP ONVIDINGR OOVIDING R A DELAYEFOR DEF- FECTIVE 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 mp to 3 minutes on any item. The selection of any individual to m 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. to 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 dr 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 GD 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 N register through the link provided within the specific -+ event/meeting entry on the Calendar of Events on the County website at www,colliercountyflgovNisitors/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- ti line specified within the public meeting notice. Individuals who 'V register will receive an email in advance of the public hearing p� detailing how they can participate remotely in this meeting. Re- M 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 Geoffrey r Willig at 252-8369 of email to Geoffrey:Willig@colliercountvfl.g ov. Any 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 341 1 2-53 56, (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(SEAL) Pub:Dec. 1,2021#f5012946 i I Datig PART OF THE USA TODAY NETWORK Published Daily Naples, FL 34110 OFFICE OF THE COUNTY 3299 TAMIAMI TRL E#800 NAPLES, FL 34112 ATTN Affidavit of Publication STATE OF WISCONSIN COUNTY OF BROWN Before the undersigned they serve as the authority, personally appeared who on oath says that they serve as legal clerk of the Naples Daily News, a daily newspaper published at Naples,in Collier County,Florida; distributed in Collier and Lee counties of Florida;that the attached copy of the advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida,each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida , for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that he has neither paid nor promised any person, or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 12/01/2021 Subscribed and sworn to before on December 1st,2021 otary. tate of Cunt o frown My commis con pares. 10 69—S NANCY HEYRMAN PUBLICATION COST: $609.00 Notary Public AD NO: 0005012946 State of Wisconsin CUSTOMER NO: 1306921 PO#: AD SIZE: Text of Ad: 11/19/2021 NOTICE OF PUBLIC HEARING 9 D NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners (BCC)on Decem- ber 14, 2021, in the Board of County Commissioners Meeting Room, I hird Floor, Collier Government Lcnter, 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 LIT- 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 ORDINANCES; PROVIDING FOR CON- FLICT AND SEVERABILITY; AND PROVIDING FOR A DELAYED EF- FECTIVE 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 rase, written materials intended to be considered by the Board shall he 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 event/meeting entry on the Caendar of Events on the County website at www.colliercountyfl.gov/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 Geoffrey Wittig at 252.8369 or email to Geoffrey.Willlgecolliercountyfl.g ov, Any 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 arrnmmoda- 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 Tamlami 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 Jennejohn Deputy Clerk(SEAL) Pub:Dec. 1,2021 #5012946 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 9 D TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. ** ROUTING SLIP** Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routingjines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s)(List in routing order) Office Initials Date 1. 3. County Attorney Office County Attorney Office JAK 12/14/21 4. BCC Office Board of County k,� Commissioners i/9/S bo/// 5. Minutes and Records Clerk of Court's Office I>1+el 31POrt PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above may need to contact staff for additional or missing information. Name of Primary Staff Wanda Rodriguez Phone Number 252-8123 Contact/Department Agenda Date Item was December 14,2021 i/ Agenda Item Number 9D Approved by the BCC Type of Document(s) Ordinance -o.ittl A5 0 S-`/4 Number of Original 1 Attached Co151,- c4/ ("IS Documents Attached PO number or account �a,/_, q y number if document is Nil U to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature(instead of stamp)? NA 2. Does the document need to be sent to another agency for additional signatures? If yes, NA provide the Contact Information(Name;Agency;Address;Phone)on an attached sheet. 3. Original document has been signed/initialed for legality. (All documents to be signed by JAK the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.) 4. All handwritten strike-through and revisions have been initialed by the County Attorney NA Office and all other parties except the BCC Chairman and the Clerk to the Board. 5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip NA should be provided to the County Attorney Office at the time the item is uploaded to the agenda. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on 12/14/21 and all changes made during JAK I/A is the meeting have been incorporated in the attached document. The County Attorney pn opti Office has reviewed the changes,if applicable. this, 9. Initials of attorney verifying that the attached document is the version approved by the JAK N/ BCC,all changes directed by the BCC have been made,and the document is ready for the an Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04;Revised 1.26.05;2.24.05;11/30/12;4/22/16;9/10/21 D ORDINANCE NO. 2021 - 48 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 [21-00A-00275/1683768/11 Page 1 of 5 Words underlined are added;Words dough are deleted. 9D 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. Brick, block, concrete, rock, stone, earth and then metal n .. pable of � s fill m terial w tl,o t t...,..,..., to oll do 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: 1. Inert waste materials may be buried-used as fill on a site only after a valid buildingtert 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, [21-00A-00275/1683768/1 Page 2 of 5 Words underlined are added;Words art are deleted. 9D 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, 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 [21-00A-00275/1683768/1] Page 3 of 5 Words underlined are added;Words dough are deleted. 9D 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 f. 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 [21-00A-00275/1683768/1 J Page 4 of 5 Words underlined are added;Words stfuelE-thfough are deleted. 9D 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&fiflay of (M.-2-:,.6-e ' , 2021. ATTEST:, - BOARD O COUNTY COMMISSIONERS CRYSTAL'IC KIIVZbrL, CLERK COLLIE C TY, FLORIDA By:'_ By: Deputy C rk PENNY T OR, CHA Attest as topiair,t en4 signatut only. Approv: a ;i ' . eg.lity: IIfl0.. Jeffrey 1 1. '.5 ow, County Attorney Pits ordlnaricc filed with the Secrrtory of Stote's Offi•e they I(d'`day of c crd ack►uowledgame t of thnt filing received this day [21-00A-00275/1683 768/1] Page 5 of 5 Words underlined are added;Words dough are deleted. 9D FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State December 17, 2021 Ms. Martha S. Vergara, Board Minutes & Records Dept. Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2021-48, which was filed in this office on December 16, 2021. Sincerely, Anya Owens Program Administrator AO/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270