Ordinance 2021-48 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
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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—'oeksencrete ock, stone, earth ^nd
♦t, + 1 a ,. pable of � s fill .�..,teri l without 1,.,rm to ollutio 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 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.,
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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
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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.
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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
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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 flialay of .(%►'.,2.;,46-er , 2021.
ATTEST:,, BOARD O COUNTY COMMISSIONERS
CRYSTAL I(:KI zgL, CLERK COLLIE C TY, FLORIDA
By: By:
Deputy C rk PENNY T LOR, CHA
Attest as t0;ciair4>ran'5
signature only.
Approv: a .1 i ' . eg.lity:
1F1I P,'
Jeffrey -' 1. 51 ow, County Attorney
This ordinorice filed with the
Secretory of Mote's Offi}ce tilt
cloy of 10 -
Cnr4 acknowiedgame t of thnt
fiiirg received this .day
of
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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