Agenda 09/24/2024 Item #17G (Ordinance amending Article IV, Section 22 -110 of the Code of Laws and Ordinances of Collier County)9/24/2024
Item # 17.G.
ID#: 2024-1053
Executive Summary
Recommendation to adopt an Ordinance amending Article IV, Section 22 -110, “Excavation Review Procedures,” of the
Code of Laws and Ordinances of Collier County to allow staff to administratively approve limited excavation removal as
part of a Development Excavation permit.
OBJECTIVE: To adopt an Ordinance amending Article IV, Section 22 -110 of the Code of Laws and Ordinances of
Collier County.
CONSIDERATIONS: Article IV, Section 22 - 110 of the Code of Laws and Ordinances of Collier County established
review procedures for excavation permits to allow for the removal of fill in accordance with a Development Excavation
permit. If no fill is removed off-site, Development Excavation permits are typically approved administratively.
The proposed Ordinance removes the requirement for the Board of County Commissioners (Board)-approval to remove
up to 10% of the total volume of excavated material but no more than 20,000 cubic yards. The current Ordinance allows
for development excavations to be reviewed and approved on the Consent Agenda. Staff notes that development
excavations with limited off-site removal of excavated material are routinely approved by the Board without objection.
Staff is asking the Board to find that there are no health, safety, or welfare issues with allowing staff to administratively
approve limited excavation removal as part of the Development Excavation.
DEVELOPMENT SERVICES ADVISORY COMMITTEE (DSAC) RECOMMENDATION: This LDC
amendment was reviewed by the DSAC on Wednesday, August 7, 2024, where it was recommended for approval.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC reviewed this
LDC amendment on Thursday, August 15, 2024, and recommended its approval.
FISCAL IMPACT: The fiscal impact associated with this action will include advertising fees. Funds are available
within the Community Development Fund (1014).
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this action.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for Board
approval. (HFAC)
RECOMMENDATIONS: To adopt the proposed Ordinance and direct staff of any changes.
PREPARED BY: Jaime Cook, Director, Development Review Division, Growth Management Community
Development.
ATTACHMENTS:
1. Ordinance - 082624
2. legal ad - agenda ID 24-1053 - Excavation Review Ord
Page 4889 of 4908
ORDINANCE 202,1-
AN ORDINANCE AMENDING THE CODE OF LAWS AND
ORDINANCES OF COLLIER COUNTY, FLORIDA,
AMENDING ARTICLE IY WHICH REGULATES
EXCAVATIONS WITHIN THE UNINCORPORATED AREA
OF COLLIER COUNTY, AS PROMULGATED BY
ORDINANCE NO. 04-55, AS AMENDED, AMENDING
SECTION 22-IIO, PERTAINING TO EXCAVATION REVIEW
PROCEDURES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
COLLIER COUNTY CODE OF LAWS AN'D ORDINANCES;
AND PROVIDING FORAN 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 regulations necessary for the protection ofthe public;
and
WHEREAS, the Board of County Commissioners (Board) has determined that
controlling excavations within Collier County is in the public's best interest; and
WHEREAS, Collier County Engineering staff has determined that the excavation
procedures require updating and clarification due to changes in state legislation, Board
policies, and past experience.
Now, therefore, be it ordained by lhe Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE: Amendment to Article IV, Section 22-110, Excavation Review
Procedures, of the Code of Laws and Ordinances of Collier County, Florida.
Section 22-1 l0 is hereby amended as follows:
[24-LDS-00329/ 1887302l ] l8
8-26-24
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Page 4890 of 4908
Scc. 22-110 Excavation Revien Procedures.
subdiyision-"t"-"r€€€5t elxcavated material in an amount up to ten
percent (to a maximum of 20,000 cubic yards) of the total volume
[24-LDS-00329/ I 887302/ I ] t8
8-26-24
Words sr+uek{hrouth are deleted, words underlined are added.
(al Types of excavation permits. The permits required by this article shall be issued by the
Engineering Services Department in accordance with the procedures set forth herein and
shall come under one ofthe following categories:
( I ) Private excavations. Private excavations are considered to be an excavation on non-
commercial property where the excavated material is not removed ftom the
property and where the disturbed surface area at grade does not exceed two acres.
Where more than one excavation is proposed for the same piece of property or
properties under common ownership and the combined disturbed surface area
exceeds two acres, the permits shall not be issued as a private excavation.
(2) Commercial excavations. Commercial excavations are considered to be any
excavation wherein the excavated material is removed from the subject property,
except for removal ofexcavated material aDDroved under a develoDment excavation
permit and Eexcept that up to 4,000 cubic yards of excavated material may be
removed from an agriculturally zoned site if the fill is the result of a legitimate
agricultural use as defined in other sections of this Code.
Unless approved as part of a development excavation permit in subsection (3),-4
4ll approved developments with off-site hauling activities will be considered
commercial excavations@ionp.
(3) Development excavation. Development excavations are considered to be any
excavation located within the boundaries of a planned unit development, or
subdivision development, having approved construction plans (to include SDps),
or an industrial or commercial project, or where the disturbed area ofan excavation
exceeds two acres.
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Page 4891 of 4908
excavated may be removed from the development. Intentions to remove
material must be clearly stated during the development's review and
approval process.
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SECTION TWO: Conflict and Severabilitr.
In the event this Ordinance conJlicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. Ifany Section, phrase, sentence, or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court ofcompetent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and such holding shall
not affect the validity ofthe remaining portion.
The provisions ofthe Ordinance shall become and be made part ofthe Land Development
Code of Collier County, Florida. The sections ofthe Ordinance 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: Effectivc Date
This Ordinance shall become effective upon filing with the Florida Department of State.
The effective date ofthe text amendment will be October 1,2024.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of 2024.
ATTEST:
CRYSTAL K. KINZEL, CLERK
Bv:
Deputy Clerk
Approved as to form and legality:
BOARD OF COLINTY COMMISSIONERS
COLLIER COLINTY FLORIDA
By
Chris Hall, Chairman
[24-LDS{0329/18873021]t8
8-26-24
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SECTION THREE: Inclusion into thc Code of Larvs and Ordinances
Page 4892 of 4908
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) at 9:00 A.M. on September 24, 2024, in the Board of County Commissioners meeting room, third floor,
Collier Government Center, 3299 East Tamiami Trail, Naples FL to consider:
AN ORDINANCE AMENDING THE CODE OF LAWS AND ORDINANCES OF
COLLIER COUNTY, FLORIDA, AMENDING ARTICLE IV, WHICH REGULATES
EXCAVATIONS WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY,
AS PROMULGATED BY ORDINANCE NO. 04-55, AS AMENDED, AMENDING
SECTION 22-110, PERTAINING TO EXCAVATION REVIEW PROCEDURES;
PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING
FOR AN 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.
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 three (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 ten (10) minutes to speak on an item. Written materials intended to be
considered by the Board shall be submitted to the appropriate County staff a minimum of seven (7) 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/our-county/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 i s 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 (2) 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
Page 4893 of 4908
CHRIS HALL,
CHAIRMAN
CRYSTAL K. KINZEL,
CLERK OF THE CIRCUIT COURT & COMPTROLLER
By: Jennifer Hansen
Deputy Clerk (SEAL)
Page 4894 of 4908