Ordinance 2024-39 ORDINANCE 2024- 39
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.
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 of the 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 the 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 22-110 is hereby amended as follows:
INSTR 6599999 OR 6404 PG 1132
RECORDED 10/7/2024 10:04 AM PAGES 4
CLERK OF THE CIRCUIT COURT AND COMPTROLLER
COLLIER COUNTY FLORIDA
REC$35.50
[24-LDS-00329/1887302/1]18
8-26-24 1 of 3
Words struck through are deleted,words underlined are added.
Sec. 22-110 Excavation Review Procedures.
(a) 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 of the following categories:
(1) Private excavations. Private excavations are considered to be an excavation on non-
commercial property where the excavated material is not removed from 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 of excavated material approved under a development 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),-A
all approved developments with off-site hauling activities will be considered
commercial excavations. See subsection 22 11 0(a)(3)b. for exemptions.
(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 of an excavation
exceeds two acres., but no fill is-r-emeved-frem-the-subjeet-prepe4y-fer—whatever
purpose provided that:
a. The exccavations were'-cle defined and detailed-as to location,, �sii,
shape,depth and side slopes during the development's review process and,
b. If approved by the Board during the rezone and/or preliminary
subdivision plat process, eExcavated material in an amount up to ten
percent (to a maximum of 20,000 cubic yards) of the total volume
[24-LDS-00329/1887302/1]18
8-26-24 2 of 3
Words struck through are deleted,words underlined are added.
excavated may be removed from the development. Intentions to remove
material must be clearly stated during the development's review and
approval process.
*******************************
SECTION TWO: 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 Section, phrase, sentence, or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portion.
SECTION THREE: Inclusion into the Code of Laws and Ordinances
The provisions of the Ordinance shall become and be made part of the Land Development
Code of Collier County, Florida. The sections of the 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: Effective Date
This Ordinance shall become effective upon filing with the Florida Department of State.
The effective date of the text amendment will be October 1, 2024.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 7 day of 47 -2,,/t r' , 2024.
ATTEST: °� BOARD OF COUNTY COMMISSIONERS
CRYSTAI K. l A:CLERK COLLIER COUNTY, FLORIDA
By: _ By:
erk.;: Chris Hall, Chai an
Attest as 'Chairman'' Tuts and?Hance filed with i
signstiAttii,l1Q ho
XrfaryApproved as to form and legality: ofday of State' Of
2)0 and acknowledgement 9f that
Managing Assistant ounty Attorney of ing "`ed this al �y
Heidi As on-Cicko,
[24-LDS-00329/1887302/1]18 By 0/
8 26 24 Words struck through are deleted,words underlined are added.
f 3
RON DESANTIS
Governor
CORD BYRD
Secretary of State
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
October 1, 2024
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Ms. Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2024-39, which was filed in this office on September 30,
2024.
Sincerely,
Alexandra Leijon
Administrative Code and Register Director
AL