Ordinance 96-41 ORDINANCE 96 - 41
AN ORDIN~]CE AMENDING COLLIER COUNTY
ORDINANCE NO. 89-05, AS AMENDED, FOR THE
UNINCORPORATED kREA OF COLLIER COUNTY TO
~4END THE I~TURE I3~/~D USE ELEMENT OF THE
GROWTH PtANAGEMENT PijtN BY AMENDING THE
AREA OF CRITICAL STATE CONCERN (ACSC}
l~ "' '~ OVERLAY BY REINSTATING THE AGRICULTURAL '
~ ~ r--
,c. EXEMPTION AND MODIFYING THE SITE o r~ F~'~
]99~, ~, ALTERATION REQUIREMENTS OF TIlE ACSC
~'; REGULATIONS TO THOSE LANDS ZONED ESTATES
Cerk -'
8osrd ,,,. ~]D LYING OUTSIDE THE ~uREA OF CRITICAL
n, c,.
r' STATE CONCERN; PROVIDING FOR
" SEVERABILITY; AND PROVIDING ~ EFFECTIVE
':'t~n~c'~'~ DATE.
WHEREAS, the Board of County Commissioners adopted the
Collier County Growth Management Plan on January 10, 1989;
and
WHEREAS, Collier county has held public hearings to
provide for and encourage public participation throughout
this plan amendment process; and
WHEREAS, Collier County did submit the Area of Critical
State Concern Overlay amendment to the Department of
Community Affairs for preliminary review on November 27,
1995; and
WHEREAS, the Florida Departmen~ of Community'Affairs
did review and make written objections to the amendment of
the Growth Management Plan and transmitted the same in
~riting to Collier County within the time provided by law on
February 9, 1996 and received on February 13, 1996; and
WHEREAS, Collier County has sixty (60) days from
receipt of the written objections from the Depa;tment of
Community Affairs to adopt, adopt with changes or not adopt
the proposed amendment to the Growth Management Plan; and
WHEREAS, the Collier County Planning Commission, in a
manner prescribed by law did hold a public hearing
concerning the adoption of the amendment to the Growth
Management Plan on June 6, 1996, and recommended its
adoption by the Board of County Commissioners; and
WHEREAS, the Board of County Commissioners of Collier
County did take action in the manner prescribed in the
manner prescribed by law and did hold public hearings
concerning the adoption of this amendment to the Growth
Management Plan on June 25, 1996; and
WHEREAS, all applicable substantive and procedural
requirements of law have been met; and
NOW, THEREFORE BE IT ORDAINED 8Y THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
SECTION' ONE: ADOPTION OF GROWTH MANAGEMENT PLAN FUTURE
LAND USE ELEMENT FaEA OF CRITICAL STATE
CONCERN (ACSC) OVERLAY AMENDMENT
This Ordinance as described herein, shall be known as
the Growth Management Plan Future Land Use Element Area of
Critical State Concern (AC-'C) Overlay ~Jnendment. This
Amendment is attached hereto and incorporated herein by
reference as Exhibit A.
SECTION TWO: SEV]ERABILITY
.f any phrase or portion of this Ordinance i:; 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: EFFECTIVE DATE
This Ordinance shall become effective upon filing with
the Department of State.
This Ordinance adopted this .~ of ~=, 1996,
after motion, second and majority vote.
"'ATTES~"~:." BOARD OF COUNTY COMMISSIONERS
~ i ' ' " " ~N C. NORRIS, CHAIRMAN
legal sufficiency: 5ec,e~o~
ATTACHMENT A
FUTURE LAND USE ELEMENT AMENDMENT LANGUAGE TO THE
AREA OF CRITICAL STATE CONCERN OVERLAY
(IX) AREA Q[ CRITICAL STATE CONCERN OVERLAY
The Big Cypress Area of Critical State Concern was
established by the 1974 Florida Legislature. The Critical
Area is displayed on the Future Land Use Map as an overlay
area. All development orders within the area shall comply
with Chapter 27F-3, Florida Administrative Code, "Boundary
and Regulations for the Big Cypress Area of Critical State
Concern" or the following regulations, whichever are more
restrictive.
The Regulations include:
A. Site Alteration
1. Site alteration ~hall be limited to ten percent of
the total site size, and installation of
nonpermeable surfaces shall not exceed 50 percent
of any such area. However, a minimum of 2,500
square feet may be altered on any permitted site.
(IX) 2. Any nonpermeable surface greater than 20,000 square
feet shall provide for release of surface runoff,
collected or uncollected, in a manner approximating
the natural surface water flow regime of the area.
(IX) 3. Soils exposed during site alteration shall be
stabilized and retention ponds or performance
equivalent structures or systems maintained in
order to retain run off and siltation on the
construction site. Restoration of vegetation to
site alteration areas shall be substantially
completed within 180 days following completion of a
development. Revegetation shall be accomplished
with pre-existing species except that undesirable
exotic species shall not be replanted or
propagated. Exotic species included are listed
below.
Australian pine (Casuarina spp.)
Bishopwood (Bischofia Javanica)
Brazilian pepper (Schinus terebinthifolius)
Melaleuca (Melaleuca spp.)
Downy rosemyrtle (Rhodomyrtus tomentosa)
Earleaf acacia (Acacia auriculiformis)
Catclaw mimosa (Mimosa pigra)
Java Plum (Syzygium cumini)
Words uDderliDed are additions; words struck through are
deletions.
(IX) 4. No mangrove trees or salt marsh grasses shall be
destroyed or otherwise altered. Plants
specifically protected by this regulation include:
all wetland plants listed by the Florida Department
of Environmental Regulations in Chapter 17-301,
Florida Administrative Code, as amended.
5. Fill areas and related dredge or borrow ponds shall
be aligned substantially in the direction of local
surface water flows and shall be separated from
other fill areas and ponds by unaltered area of
vegetation of comparable size. Dredge or borrow
ponds shall provide for the release of stormwater
as sheet flow from the downstream end into
unaltered areas of vegetation. Access roads to and
between fill areas shall provide for the passage of
water in a manner approximating the natural flow
regime and designed to accommodate the 50-year
storm. Fill areas and related ponds shall not
substantially retain or divert the total flow in or
to a slough or strand or significantly impeded
tidal action in any portion of the estuarine zone.
6. Manmade lakes, ponds or other containment works
shall be constructed with a maximum slope of 30
degrees to a depth of six feet of water. When
mineral extraction is completed in new quarrying
lakes, shoreline sloping, planting of littoral
shelves with nursery grown aquatic vegetation,
restoration or revegetation of the property and
disposal of spoils or tailings shall be completed
before abandonment of the site. Existing quarrying
lakes are exempt from this provision except that
whenever any person carries out any activity
defined in Section 380.04 Florida Statutes as
amended, as development or applies for a
development permit as defined in Section 380.031
Florida Statutes as amended to develop any existing
quarrying lake area, these regulations shall apply.
7. Finger canals shall not be constructed in the
ACSC-ST Area.
8. For land zoned ee3e Estates. OUtside of the
Area of Critical State Concern, and identified as
Southern Golden Gate Estates in Goal 2 of the
Golden Gate Area Master Plan, ~-~ ~ ....... ~ :'"
~a--~9~opo~in~ ~ .... :~ .... :"'~ ........ "' site
alteration percentage limits may be adjusted for
site alteration activities designed for
conservation and/or environmental purposes as set
forth in an environmental impact statement approved
Words underlined are additions; words struck through are
deletions.
2
by the Board of County Commissioners. Such site
alteration activities include: (i) prescribed
fires and associated firebreaks as approved by the
FlOrida department of forestry; (ii) removal and
control of listed exotic plant species, (iii) native habitat
occurring plant species; (v) restoration of
historical hydroperiods; and (vi) other activities
designed for conservation and environmental
purposes reviewed on a case by case basis.
9. This rule shall not aDD1y to site alterations
undertaken in connection with the agricultural us~
of land Qr for the converSion of land to
aqricultural use.
(Ix) D, DrainaGe
1. Existing drainage facilities shall not be
modified so as to discharge water to any
coastal waters, either directly or through
existing drainage facilities. Existing
drainage facilities shall not be expanded in
capacity or length except in conformance with
paragraph (2) below however; modifications may
be made to existing facilities that will raise
the groundwater table or limit saltwater
intrusion.
2. New drainage facilities shall release water in
a manner approximating the natural local
surface flow regime, through a spreader po~,d
or performance equivalent structure or system,
either on-site or to a natural retention or
filtration and flow area. New drainage
facilities shall also maintain a groundwater
level sufficient to protect wetland vegetation
through the use of weirs or performance
equivalent structures or systems. Said
facilities shall not retain, divert, or
otherwise block or channel the naturally
occurring flows in a strand, slough or
estuarine area.
3. New drainage facilities shall not discharge
water into any coastal waters either directly
or through existing drainage facilities.
4, This rule shall not applv to drainag~
£acilities modified or constructed in order to
use land for~qricultural DurDQs~s or tQ
convert laDd..to such use,
Words Upderlined are additions; words etruck through are
deletions.
C. TranspOrtation
(IX) 1. Transportation facilities which would retain,
divert or otherwise block surface water flows
shall provide for the re-establishment of
sheet flow through the use of interceptor
spreader systems or performance equivalent
structures and shall provide for passage of
stream, strand, or slough waters through the
use of bridges, culverts, piling construction
or performance equivalent structures or
systems.
(IX) 2. Transportation facilities, shall be
constructed parallel to the local surface
flow, and shall maintain a historic ground
water level sufficient to protect wetland
vegetation through the use of weirs or
performanc~ equivalent structures or systems
and as feasible, the flows in such works shall
be released to natural retention filtration
and flow areas.
3. Transportation facility construction sites
shall provide for siltation and runoff control
through the use of settling ponds, soil fixing
or performance equivalent structures or
systems.
(IX) p, Str~ture Installation
1. Placement of structures shall be accomplished
in a manner that will not adversely affect
surface water flow or tidal action.
2. Minimum lowest floor elevation permitted for
structures shall be at or above the 100 year
flood level, as established by the
administrator of the Federal Flood Insurance
Administration. The construction of any
structure shall meet additional Federal Flood
Insurance Land Management and Use Criteria, 24
CFR 1910, as amended, and administered by the
appropriate local agency.
3, This rule shall not apDlV tO structures used
Or intended for use iD connection with the
agricultural use of the land,
Words underlined are additions; words struck through are
deletions.
All Development Orders issued for projects within the Dig Cypress
Area of Critical State Concern shall be transmitted to the State
of Florida Department of Community Affairs for review with the
potential for appeal to the Administration Commission pursuant to
Chapter 9J-l, Florida Administrative Code, Development Order
Requirements for Areas of Critical State Concern.
Port of the Islands is a unique development which is located
within the Urban Designated Area, but is also totally within the
Big Cypress Area of Critical State Concern. However, a portion
of the development was determined "vested" by the State of
Florida, thus exempting it from the requirements of Chapter 380,
Florida Statutes. Further, there is an existing Development
Agreement between Port of the Islands, Inc. and the State of
Florida Department of Community Affairs dated July 2, 1985, which
regulates land uses at Port of the Islands. Given the unique and
isolated location, and the existing Development Agreement,
development within Port of the Islands shall be regulated by the
Development Agreement and the overall residential density and
commercial shall not exceed that permitted ul]der zoning at time
of adoption of this plan.
CRITICAL STATE CONCERN OVERLAY/14156/md
Doc. Ref. Dm/Attachment A ACSC
Words Underlined are additions; words etruck through are
deletions.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 96-41
Which was adopted by the Board of County Commissioners on the 23rd day
of July, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 24th day of July, 1996.
Clerk of Courts and
Ex-officio to Board
County Commissioner
Deputy Clerk