DSAC Backup 08/06/2008 R
fru . lo \ J--oD~
J~9, 2008
MINUTES OF THE MEETING OF THE COLLIER COUNTY
DEVELOPMENT SERVICES ADVISORY COMMITTEE
Naples, Florida, July 9, 2008
LET IT BE REMEMBERED, that the Collier County Development Services
Advisory Committee in and for the County of Collier, having conducted business
herein, met on this date at I :00 P.M. in REGULAR SESSION in Conference
Room #610 in the Collier County Community Development and Environmental
Services Center, 2800 N. Horseshoe Drive, Naples, Florida, with the following
members present:
CHAIRMAN: William Varian
Charles Abbott (Absent)
James Boughton
Clay Brooker
David Bryant (Absent)
Laura Spurgeon Dejohn
Dalas Disney (Excused)
David Dunnavant (Excused)
Marco Espinar
Blair Foley (Excused)
George Hermanson (Excused)
Reed Jarvi
Thomas Masters (Excused)
Robert Mulhere
Mario Valle
ALSO PRESENT: Joe Schmitt, Administrator. CDES
Judy Puig, Operations Analyst, CDES
Susan lstenes, Director, Zoning & Land Development
Catherine Fahacher, LDC Manager, Zoning & Land Development
Nick Casal an guida, Transportation
Phil Gramatgcs, Public Utilities
Heidi Ashton, Assistant County Attorney
July 9, 2008
I. Call to Order
The meeting was called to order at I :07 PM by Chairman William Varian.
A quorum was established.
II. Approval of Agenda
Mr. Espinar moved to approve the Agenda as amended. Second by Mr. Valle.
Carried unanimously, 8-0.
III. Approval of Minutes
Clay Brooker asked for clarification regarding Joe Schmitt's statement on Page 4
referring to "25 units." He stated the sentence should read "25 PUDs" since that
was the subject of discussion. The Minutes will be amended to reflect the change.
Mr. Mulhere moved to approve the Minutes of June 11, 2008 as amended. Second
by Mr. Valle. Carried unanimously, 8-0.
IV. Staff Announcements/Updates
A. CDES Update - Joe Schmitt
Mr. Schmitt stated he did not have a report. He stated he was going to present an
Executive Summary to the BCC recommending an extension of time for some Site
Development Plans that could expire under the current rules. He asked the
Committee members to notify him if they know of an SDP that would qualify for
an extension.
The Committee's letter limiting LDC Amendments was presented to the BCC
BCC but no formal action was taken. He will request clarification from the Board
during its July meeting.
He pointed out the Executive Summary also contained a request for a special cycle
dedicated to Sign Ordinances because a recent Court case found that portions of
the County's Sign Ordinance was unconstitutional.
The BCC did approve the sale of several of the County's trucks and the proceeds will
be returned to Fund # 113.
B. Transportation Division - Nick Casalanguida
Nick Casalanguida stated bids will be mailed next month for the Santa Barbara
Extension project.
The following projects are nearing close out:
. Immokalee Road - all three
. Collier Road North
. Rattlesnake-Hammock
Oilwell Road will be the next project. The plans for the Collier/Davis intersection
project are at 90%. He also mentioned the BCC did not approve the landscaping
budget for this year, so work on remaining landscaping projects has been postponed.
2
July 9, 2008
There was a discussion of the proposed lease of Alligator Alley and whether or not
Collier County could reap any benefit from the excess tolls. It was pointed out the
Florida Statutes directs the money to remain locally, but Governor has expressed his
intention to funnel any monies from the lease to support schools.
C. Public Utilities/Engineering Division Update - Phil Gramatges
Mr. Gramatges stated the BCC approved the 2008 Master Plan on June 24, 2008.
He is in the process of preparing the 2008 AUIR.
D. Fire Review Update - Ed Riley
Ed Riley stated while activity levels are down, review times are excellent. His
department lost the services of the individual who conducted the Fire- Sprinkler
Reviews because he left to start his own company.
V. Old Business
A. Impact Fee Study - Amy Patterson, Impact Fee Manager
The Committee noted there has been a reduetion in the Impaet Fees for Water/
Sewer based, in part, on the reduetion in population and ehange of use. A question
was asked if other Impaet Fees that are population-driven be examined to determine
if further reduetions would be possible?
Amy Patterson verified there are 12 Impact Fees. She stated the methodology for
for Water/Sewer Impact Fees is different from the methodology for the remaining
Fees. In 2009, there will be a major review and update of all Impact Fees based on
population and Levels of Service discussed in the AUIR. She stated the BCC has
discretion regarding whether or not to adopt an increase. In the past, the Board had
always adopted the maximum legal limit allowed. They may reduce fees or choose
to do nothing. Parks/libraries, transportation and the County jail are currently under
study and will be reviewed first for possible reduction of Fees. The applicable Levels
of Service will be the main driver concerning whether or not Fees will ehange.
Joe Schmitt stated Impact Fees are based on the demand for essential services.
There was a discussion concerning "change of use" and the accepted Fees associated
with original permitted uses of a particular building. Amy Patterson will return at the
next meeting for further discussion.
B. COA Administrative Procedures - Nick Casalanguida
Nick Casalanguida stated the policy is being developed and he would present a draft
to the Committee at their next meeting.
C. Discussion of Floodplain Management Committee/BCC Meeting - Clay Brooker
Clay Brooker stated the reason why he asked for a report to be presented was due to
a concern regarding an email which he received.
Chairman Varian stated the Flood Plain Management Committee Chairman asked
him to attend a meeting as a response to DSAC's letter to the BCC requesting the
inclusion of practicing engineers on the FPMC. He stated the environment of the
3
July 9, 2008
meeting was "hostile" and it was apparent the members did not want him at their
meeting even though they extended the invitation to attend.
Reed Jarvi stated it was possible the Board did not understand the intent of the letter
was to include professional engineers, not necessarily DSAC members, on the FPMC.
The Flood Plain Management Committee members stated they did not need additional
help, so the Board did not appoint anyone.
An email sent by Robert Wiley stated "DSAC 's past performance on discussing the
FMP has been very poor and negative." He was asked by the Committee to provide
examples of this "negativity." He referred to a previous meeting during which the
Flood Plain Management topic was deferred to a later date.
Chairman Varian remembered the Agenda for that meeting was very full and the
meeting had been running late. The FPMC's presentation was deferred in order to
give it the amount of time needed to make a complete presentation.
IV. Staff Announcements/Updates
E. Discussion of Sunshine Law re: Email Correspondence - County Attorney
Heidi Ashton-Cicko cautioned the Committee members to be careful with any
communication among two or more members. An email transmission that is sent
and is responded to by two individuals, or is sent through another individual- such
as Staff who is used as an instrument of communication - will create a violation of
the Sunshine Laws. She recommended that emails should not be sent between
members of the Committee. She stated that, technically, a one-way transmission is
acceptable. If there is information to be distributed to Committee members, the
Staffliaison (Judy) can send the transmission. If the email is generated by Staff, as
opposed to being forwarded to the members, it is acceptable.
She clarified personal emails between the members that do not incorporate either
County or land-use matters would not constitute a problem.
D. LDC Amendment Discussion - Catherine Fabacher, LDC Manager
Susan Istenes, Land Development and Zoning Director, introduced Mark White
who was hired by the County as a consultant to review the LDC process.
Mr. White gave a PowerPoint presentation regarding the approach used to make the
Code easier to read, understand and use. The Non-conformities Section has been
drafted and will be included as a part of an Administrative manual or handbook. He
stated the substance of the Regulations is not being targeted.
He stated the first step is to determine how to structure the Code after the language
has been written. His goal is to make the existing rules more coherent.
Catherine Fabacher asked if the Committee could agree on the definition of
Redevelopment (page 4), also referred to as "Adaptive Re-use."
Clay Brooker suggested omitting the phrase "knowledge or" (line 19) on Page 17.
4
July 9, 2008
There was a discussion concerning the definition of "merged lots" contained in
Subparagraph C on Page 17.
On page 27, line 40, it was noted the Ordinance was not specified. Which Ordinance
was being referenced to - was it the amending Ordinance or the original Ordinance?
It was suggested to specify the Ordinances and/or effective date as referenced.
On Page 4, it was suggested changing 50% to 49% to be consistent with current
FEMA standards.
By consensus, the Non-conformities Section will be reviewed at the August meeting.
BREAK: 2:55 PM
RECONVENED: 3:09 PM
Catherine Fabacher, LDC Manager, presented the results of the LDR
Subcommittee meeting to the Committee members.
LDC Section Proposed Amendment Discussion Recommendation
1.04.04 The existing LDC . 3(d): Add "Taking or" Not discussed.
language does not provide before "acquisition" in the first
Reduction of a clear understanding of sentence Will be revised
Required what impacts are accept- . B, "Post Take Plan": Add and presented to
Site Design able and can remain in subparagraph (e) for legal the LDR
Requirements place in the after-Take description Subcommittee at
condition. The language . 2(c): Add "Required" before its next meeting.
does not identify a clear '"native vegetation" in first
process for reaching a sentence
mutually agreeable settle-
ment and identifying any
allowances or deviations
whether due to the actual
Take, or to mitigate or
remedy the impacts of the
(Page 5) Take.
4.02.27 Allow for flexibility in Page 100: Approved by
Specific requirements for . Remove the word "do," DSAC as revised
accel erati on/ decel erati on . add the words "or less" after
Design turn lanes on segment of 440-feet;
Standards
for the SR 29A . add the word "directly"
Immokalee following the word "not" at
Commercial the end ofthe sentence.
Overlay In D(2), remove the word
Subdistrict
"provided' - the sentence is to
(Page 99) read: "shall be consistent with"
----
5
July 9, 2008
LDC Section ProDosed Amendment Discussion Recommendation
4.03.08 Scrivener's error to be To remain consistent with the Approved
Corrected Ordinance listed in Right-of-
Facility and Way Handbook
Service
Improvement
Requirements
(Page 101)
4.07.02 J Add language requiring Item 6: Approved
all new roadways within . Remove "All"
a PUD to be maintained . Add comma at end of
Design by the developer, sentence and phrase to read:
Requirements owners, HOA, ", unless otherwise approved
successors and/or by the Board of County
(Page 103) assIgns Commissioners."
6.02.02 and To be consistent with It was suggested that all Approved
6.02.03 Policy 5.1 of the Amendments concerning
Transportation Element "Level of Service" could be
Transportation of transferred into the
LOS the GMP and Adopted Administrative Section of the
Requirements Traffic Impact Study Code of Laws (future process)
(TIS) Guidelines and
(Page 105) Procedures
6.06.03 The use of the word Intent is to add flexibility to Approved by
"subdivision" is achieve lighting requirements. DSAC,
Street confusing. New 7-"Yes"/1 - "No"
Lights Language clarifies that Reed Jarvi questioned the Reed Jarvi
additional lighting is number of lights required. opposed
required for all
developments, not just
residential
(Page 107) subdivisions.
10.02.02 A PUD Monitoring Page 112, under "G": Approved by
Report is to be . 3(a) and 3(b) are removed DSAC,
Submittal submitted at the time a and remaining subparagraphs 7-"Yes"/l-"No"
Requirements project is submitted for are re-lettered Reed Jarvi
revIew. . "registered engineer" is opposed
changed to "applicant"
. 2: Add comma after the
word "compliant" and add
phrase " or not applicable at
this time. "
(Page Ill) . "owner/develooer" was
6
chang
. Ne
"exce
projec
end oj
. Fisc
end se
word'
10.02.07 To clarify language Page
Submittal regarding when a . Und
Requirements Traffic Count Waiver word'
may be requested
For
Certificates
of Public
Facility
Adequacy
(Page 113)
..--
ed to "owner/a
w 3(a): Add phr
pi jiJr applicati
.ts within DRIs
.. the sentence
al & Operation
cond sentence
'~"qge. " __
....
115:
er (b)(iii): Cha
'entity" to "ent
July 9, 2008
gent~
ase
ons for
"at the
s Impact:
at the
Approved by
nge the DSAC,
ifies " 7-"Yes"/l-"No"
Reed Jarvi
opposed
-.-
Clay Brooker moved to approve the Transportation Amendments as referenced
above, with the exception of LDC Amendment Number 1.04.04. Second by James
Boughton. Motion carried, 7-"Yes"/I-"No." Reed Jarvi opposed as noted.
iscussion Recommendation
Robert Mulhere
Insert "Any person questioned
tly supervises up to whether or not
'n the application of this Amendment
herbicides in the was necessary as
" it duplicates State
..
Statutes.
It was suggested
to bring before
the August DSAC
meeting when the
author could be
_u__ present to explain
~-_._-- .. --
Approved as
he phrase "shall amended
for and" after SDP
sentence
e first sentence will
word "granted."
ve "for good cause."
LDC Section Proposed Amendment
3.05.07 and To require applicators 0
3.05.08 pesticides/herbicides in
preserves, wetlands and
Requirement littoral shelf planting
for Removal areas (LSPA) to
of Prohibited maintain certifications
Exotic from the Department of
Vegetation Agriculture and
Consumer Services for
these categories: the
Natural Areas Weed
Management and the
Aquatic Plant
(Page 119) Management ._._-~-
- __n_.._
10.02.03 To extend the SDP
approval time limit fro
Submittal two years to three years
Requirements when construction has
for Site not begun, and to exten
Development the time limit from 18
Plans months to 30 months
when construction has
..
D
r Page 120:
. l.g.(ii):
who (lirec
8 persons 1
pesticides!
chemical.
I
.._1__
I Page 1-29:
mi. b.: Add t
, be applied
in the third
d , . b.(i): Th
I' end at the
. c: Remo
,
7
July 9, 2008
begun. Addition of a --
possible one-year
extension of original
approval may be granted
by County Manager or
(Page 127) designee.
12.02.04 B.t To clarify the
requirement to show the
Submittal Preserve setback lines on
Requirements the final plat.
for Plats t
I
(Page 131) L
12.02.04 To allow additional
B.3.b extensions for
construction period.
Submittal
Requirements
for Plats
(Page 133) I
I
12.02.05 To allow additional 1
extensions of ,
Submittal construction period for
Requirements required improvements.
For
Improvement
Plans
(Page 135) . .'-'-
---
Pa2e 129:
. The phrase "upon written
request" was removed. The
sentence is to read: "A single,
12-month extension to
complete construction may be
granted. "
...
Page 132: Approved
. In the first sentence: add
[in parenthesis] "(or other
\'ethack that might be approved
hrough deviation by the
ReC) " after the word
'setback"
. I n the second sentence,
remove "25- foot" and add
"required"
Approved
.
Approved
--.--... .
Robert Mulhere moved to approve the Engineering Amendments as referenced
above, with the exception of LDC Amendment Number 3.05.07 and 3.05.08.
Second by Reed Jarvi. Carried unanimously, 8-0.
Catherine Fabacher stated the "passive recreation" Amendment 1.08.02 would be brought
before the Committee in August. She is still collecting data and definitions.
8
July 9, 2008
--
LDC Section Proposed AmendmenJ.__ ~ __ .__Discussion Recommendation
3.04.01 - Include criteria for Pae;e 153: To be re-written
3.04,04 protection of selected listed In the second sentencc, and brought back
plants. thc phrase "of the before the LDR
Species Specific ground" is changed to Subcommittee at
Requirements, Correct Scrivener's error in "qf[the ground" its next meeting
Section 3.04.02 regarding
Penalties for lettering/numbering. Pae;e 152:
Violation The capitalization is not
consistent throughout,
(Page 139) i.e., "Bald Eagle" and
"Scrub Jay"
Comment: Fiscal
impacts are not clear.
Pae;e 151: Comment:
Section E is not
appropriate for this
portion of thc LDC.
Pae;e 154:
Some of the listed plants
occur so frequently they
wcre to bc eliminated,
now they are listed as
"Rare" and "Less Rare"
Pae;e 144:
"i": It was suggested the
specific date (09/07)
should be removed and
state "most recently
adopted by FFWCC"
Comment: Remove
refercnces to "minor
structures".
(Previous) Comment:
What is the threshold for
'/easihle "? A criterion is
needed.
(Previous) Comment:
Amendment is over-
reaching; there is no scale.
9
_."--
LDC Section Prooosed Amendme
1.08.02, Require a vegetation
10.02.06, and removal permit and
3.05.05 provide determining
criteria for removal of
Criteria for vegetation containing n
Removal of or cavity tress of protec
Protected or listed animal species
Vegetation
(Page 155)
3.05.07 A/B
Revise definition of "n'
Preservation vegetation" in accorda
, Standards with new definition ad(
by the EAR-based GM
amendments and c1arif
the definition is interpr
i
(Page 163)
July 9, 2008
-~._-- --.--
nt____ ____ Discussl
Pae.e 157:
Under Vegetatio
protected: Rem
phrase "living 0
ests preceding the w
ted "dead"
ative
nee
lpted
P
yhow
eted.
_._~--~
on Recommendation
----.
To be re-written
n, and brought back
ove before LDR
r" Subcommittee at
ord its next meeting
ove
,
age 159:
tence,
res "
age 160:
'lor "
and
--.
--.-.--.-
To be re-written
he word and brought back
edH before the LDR
word Subcommittee at
its next meeting
"legally
s to be
m 7 does
re-
s phrased.
move
ays" and
dors"
ents)
at means a
munity
t vs. native
separate
be needed
servation
(Previous comm
. Native habit
vegetative com
. Native habita
_ 1,egetation - a
definition may
in terms of pre
requirements
Pae.e 160:
. Under 2, rem
word "principaf
(Previous note) P
. In the last sen
add "and structu
(Previous note) P
. 2B: add "and
before U.S. Fish
Wildlife
Pal1.e 164:
. "A" - add t
"unincorporat
following the
'~all"
Pal1.e 165:
. Item 6: Re:
cleared" -need
defined.
Comment: Ite
not encourage
development a
Comment: Re
words "flow w
"wildlife corri
10
July 9, 2008
. "Major" flow-ways
and "wildlife corridors"
have not been defined.
. Page 169: remove
"'wildlife corridors"
. "Essential Services" are
defined as EMS, Fire and
police -- Comment: Why
special treatment?
Bill Lorenz, Director of Engineering & Environmental Services, stated the GMP
contains a definition of "flow ways" which was adopted for the Watershed Management
Plan Interim Standards:
"Contiguous lands having a continual preponderance of wetland or
wet facilitated plant species in a ground elevation through the major
portion of a natural wetland flow way or slue way at least one-foot
lower than the ground at the edge of the natural wetland flow way or
slue.~'
Marco Espinar stated the "prior development order" contained in Item 7 on page 165
was still a problem. It was agreed, by consensus, the language should be reworded.
It was decided by consensus that the Environmental Amendments would be brought
before the LDR Subcommittee at its next meeting.
VI. New Business
A. Stormwater/Flood Damage Prevention Ordinance - Robert Wiley
Robert Wiley stated the County's existing Ordinance was updated, as needed, to
conforrn to current FEMA definitions. Organizational responsibilities were
restructured. The County Manager will appoint a Floodplain Administrator.
He reviewed the draft of the Ordinance which was distributed to the Committee
Members.
By consensus, it was decided the Committee will review the draft and email their
questions and comments directly to Robert Wiley. He will revise the draft for
presentation to the Committee at the August meeting.
B. Discussion re: removal of David Bryant from DSAC
Chairman Varian stated David Bryant missed three meetings without offering any
excuse or reason for his absence. He has not responded to previous attempts to
contact him.
Clay Brooker suggested a letter should be sent to both his home address and to his
law firm via certified mail advising him that the Committee will ask the BCC to
remove him as a member of DSAC.
Chairman Varian asked the Staff Liaison (Judy Puig) to draft a letter for his review.
11
July 9, 2008
C. Approvals/Pre-Construction Meetings - Stan Chrzanowski/George Hermanson
There has been a problem with individuals not setting up pre-construction meetings.
The approved drawings are held by Rudy Moss until the pre-construction meeting.
It was suggested to defer this topic to the August meeting.
D. As-Built/Record Drawings - Reed Jarvi
Reed Jarvi stated he has been instructed that all of the sheets of a permit set must be
submitted together in order to be considered as part of the record drawings. It would
be particularly dimcult to accomplish this if the project was "phased." He asked Stan
Chrzanowski to clari fy.
Stan Chrzanowski stated the complete set of sheets is important to make sure that all
changes are incorporated. He stated the pages that are not part of the record drawings
do not need to be signed and sealed.
VII. Member Comments:
A. Distribution of DSAC Member contact list
Chairman Varian stated the dates of individual terms are listed.
Clay Brooker stated he cannot attend the August 6, 2008 meeting.
DSAC Meeting Dates:
. August 6, 2008 at 1:00 PM (time changed from 3:30 PM)
. September 3, 2008 at 3:30 PM
. October 8, 2008 at 3:30 PM (date changed from October IS')
There being no further business for the good of the County, the meeting was adjourned by
order of the Chairman at 5:10 PM.
DEVELOPMENT SERVICES
ADVISORY COMMITTEE
William Varian, Chairman
These Minutes were approved by the Board/Committee on .
as presented , or as amended ~ __
12
Text underlined is new textto be added.
Text &triketRrsl:lgR i& t:I:lFr9nt text tGl be deletes.
Bold text indicates a defined term
LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Stephen Lenherger, Senior Environmental Specialist
William D. Lorenz, P.E., Director
DEPARTMENT: Engineering and Environmental Services Department
AMENDMENT CYCLE: 2008 Cycle 1
LDC PAGE: LDC3:50 and LDC4:32
LDC SECTlON(S):
3.06.04 Groundwater Protection
4.02.14 Design Standards for Development in the ST and ACSC-ST Districts
CHANGE: Clarify in the Code the process used to regulate groundwater protection
special treatment overlay zones (Wellfield risk management zones W-I, W-2, W-3, and
W-4, and high natural aquifer recharge special overlay zones, ST-NAR) and cross
reference this requirement to the other section of the Code governing other types of
special treatment areas (ST and ACSC-ST).
REASON: To prevent confusion in regulating the different types of special treatment
areas.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: 3.06.04 and 4.02.14
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: Created March 26, 2008, amended July 24,2008
Amend the LDC as follows:
3.06.04 Groundwater Protection
A. There are hereby created groundwater protection special treatment overlay
zones, as generally depicted on the wellfield risk management special treatment
overlay zone maps, Illustration 3.06.02 A. These groundwater protection special
treatment overlay zones reflect wellfield risk management zones W-1, W-2, W-3,
and W-4: areas of high natural aquifer recharge in the County (ST-NAR), and the
natural recharge areas of the County that require minimum groundwater
protection and within which future public water supply wells may be located
205
1:\08 Amend the LOC\2008-Cycle 1\Amendments\Revisions\DSAC\3.06.04 Groundwater Protection (072408) SL.doc
Text underlined is new text to be added.
Text &tril~etRnHI€lR i& CblFr9At t9xt tEl B8 9818te9.
Bold text indicates a defined term
(GWP)
B. Wellfield risk management special treatment overlay zones, high natural aquifer
recharge special treatment zones (ST -NAR), and groundwater protection special
treatment overlay zones shall be supplemental to existing and future zoning and
land use regulations, and shall not be deemed to permit or authorize any use or
activity not otherwise permitted in the underlying zoning district or allowable in
the underlying future land use designation.
C. The high natural aquifer recharge special overlay zones (ST-NAR) and the
groundwater protection zones (GWP) are based upon:
1. Those portions of the County identified as areas of high natural aquifer
recharge to the surficial and intermediate aquifer systems (ST-NAR).
2. The susceptibil ity of the surficial and intermediate aquifer systems in the
County to contamination resulting from surficial activities and the need for
protection of the groundwater resource as a future public water supply
(GWP).
D. High natural aquifer recharge areas (ST -NAR). These areas have not yet been
defined. The prohibitions and regulations for this special treatment overlay zone
shall be based upon the determination and designation of those portions of the
County that naturally function as high natural recharge areas to the surficial and
intermediate aquifer systems. Upon identification of ST-NAR areas, pursuant to
these regulations, shall be amended to include the ST-NAR special treatment
overlay zone where appropriate.
E. Groundwater protection area (GWP). All of the County provides natural aquifer
recharge to the water table aquifer, and the potential for natural aquifer recharge
to the unconfined or semi-confined portions of the Lower Tamiami and
Sandstone aquifers. Natural aquifer recharge from the water table aquifer
constitutes approximately eighty (80) percent of the recharge to the Lower
Tamiami aquifer on a regional basis. That area of the County, excluding W-1, W-
2, W-3, W-4, and ST-NAR, shall be provided with a minimum level of
groundwater protection and shall be desi gnated as GWP.
F. The process for reaulatinq these qroundwater protection special treatment
overlav zones (wellfield risk manaqement zones W-1. W-2. W-3. and W-4. and
hiqh natural aquifer recharqe special overlav zone ST -NAR) is specified bv this
section and not the process identified in section 4.02.14 that aoverns other
special treatment 1ST and ACSC-ST) areas. Wellfield risk manaaement zones as
depicted on the official zonina maps and identified as ST/W-1. ST/W-2. ST/W-3
and ST/W-4. are reaulated pursuant to this section and not the process in section
4.02.14.
*
*
*
*
*
*
*
*
*
*
*
*
4.02.14 Design Standards for Development in the ST and ACSC-ST Districts
*
*
*
*
*
*
*
*
*
*
*
*
206
1:\08 Amend the LDC\2008-Cycle 1\Amendments\Revisions\DSAC\3.06.04 Groundwater Protection (072408) SL.doc
Text underlined is new text to be added.
Text Etrili:etRrSl:lliiR is Sl:lFfSRt teJ(t te Be E1sleteEl.
Bold text indicates a defined term
F. Procedures for site alteration plan or site deveiopment plan approval for
development in ST or ACSC-ST designated land. Reaulation of wellfield risk
manaaement zones W-1. W-2. W-3. and W-4, and hiah natural aauifer recharae
special overlav zone ST-NAR are contained in section 3.06.00.
1. Preapplication conference. Prior to filing a petition for site alteration or site
development approval of ST or ACSC-ST land, the petitioner shall
request and hold a preapplication conference with the planning services
director and appropriate county staff. The preappl ication conference is for
the purpose of guidance and information, and for ensuring insofar as is
possible, that the petition is in conformity with these regulations. No
petition for the site alteration or site development approval will be
accepted for formal processing until the planning services director has
reviewed the petition to determine that all required data is included: a
minimum of 30 days shall be allowed for this phase of the review process.
County staff shall visit the site, where appropriate.
2. Review and recommendation by planning services director, ptanning
commission and environmental advisory council. The site alteration plan
or site development plan shall be submitted to the planning services
director who shall have it reviewed by the appropriate county staff. The
planning services director shall then forward the site alteration plan or site
development plan and the county staff recommendations to the pianning
commission and the environmental advisory council (EAC) for review and
recommendation. Neither the planning commission nor the EAC review
shall require a public hearing nor notice to the abutting property owners,
but shall be held in a regular meeting. The planning commission and EAC
recommendations and county staff recommendations shall be forwarded
to the BCC for final action.
3. Final action by board of county commissioners. Final action on the site
alteration pian or site development plan lies with the BCC. The board
shall review the proposed site alteration plan or site development plan in
regular session and shall act formally by resolution stipulating reasons for
approval, or approval with modification, or denial of the site alteration plan
or development plan.
4. Other permits required. The petitioner may at any time during the county
review process apply for the appropriate local, state and federal permits
for the alteration or development of the subj ect property.
5. Commencement of site alteration or site development. Upon
obtaining all required local, state and federal permits in order to
alter or develop the subject property, the petitioner may commence
alteration or development in accordance with the conditions and
requirements of said permits.
*
*
*
*
*
*
*
*
*
*
*
*
207
1:\08 Amend the LDC\2008-Cycle 1\Amendments\Revisions\DSAC\3.06.04 Groundwater Protection (072408) SL.doc
Text underlined is new text to be added.
Te)(t gtrikethF9I:J~t:l is Gl:JrreRt text tG be aeleteEl.
Bold text indicates a defined term
This page intentionally left blank.
208
1:\08 Amend the LDC\2008-Cycle 1\Amendments\Revisions\DSAC\3.06.04 Groundwater Protection (072408) SL.doc
Text underlined is new text to be added,
Ts}(t striketArel.l~A is mment tex:t te l3e aalates.
Bold text indicates a defined term
LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
Barbara Burgeson, Manager, Environmental Services
DEPARTMENT:
Engineering and Environmental Services Department
AMENDMENT CYCLE: 2008 Cycle 1
LDC PAGE: LDCIO:6 -- LDClO:14
LDC SECTlON(S): 10.02.02 Submittal Requirements for All Applications
CHANGE: Revise the Environmental Impact Statements (EIS) sub-section of the LDC
to implement the EAR-based GMP amendment to Policy 6.1.8 of the Conservation and
Coastal Management Element (CCME).
Include requirement to provide a pre and post development water analysis to demonstrate
no increase in lead, zinc, copper loadings in post development scenario. Required as part
of the EAR-based GMP amendments to the Conservation and Coastal Management
Element (CCME).
Per the direction from the Collier County Planning Commission, exempt churches and
community facilities from the requirement of providing soil and/or ground water
sampling, as the tests are not needed and the cost not justified for these type facilities.
REASON: Changes to the ElS sub-section are required as part of the EAR-based
GMP amendment to CCME Policies 6.1.8 and 2.3.6 (b).
Policy 6.1.8 states the following:
"An Environmental Impact Statement (ElS), or submittal of appropriate environmental
data as specified in the County's land development regulations, is required, to provide a
method to objectively evaluate the impact of a proposed development, site alteration, or
project upon the resourccs and cnvironmental quality of the project area and the
community and to insure that planning and zoning decisions are made with a complete
understanding of the impact of such decisions upon the environment, to encourage
projects and developments that will protect, conserve and enhance, but not degrade, the
environmental quality and resources of the particular project or development site, the
general area and the greater community. The County's land development regulations
shall establish the criteria for determining the type of proposed development requiring an
217
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A E1S Thresholds (061808) SL BB.doc
Text underlined is new text to be added.
TEmt IStriketAral::l~l:I is GblrF8At tellt to 88 deleted.
Bold text indicates a defined term
EIS, including the size and nature of the proposed development, the location of the
proposed development in relation to existing environmental characteristics, the degree of
site alterations, and other pertinent information"
Policy 2.3.6 (b) states the following:
"Excluding single family homes, any project impacting 5 acres or more of wetlands must
provide a pre and post development water quality analysis to demonstrate no increase in
nutrient, biochemical oxygen demand, total suspended solids, lead, zinc and copper
loading in the post development scenario"
FISCAL & OPERATIONAL IMPACTS: Changing the thresholds when an EIS is
required will save time and expense on the part of staff and the applicant on projects
which otherwise would have been required to submit an EIS.
RELATED CODES OR REGULATIONS: 8.06.00 Environmental Advisory Council
(LDC amendment to these sub-sections also included with this amendment cycle)
GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR-based
GMP amendments to CCME Policies 6.1.8 and 2.3.6 (b).
OTHER NOTESNERSION DATE: Created April 18,2008. Amended June 18,2008
Amend the LDC as follows:
10.02.02 Submittal Requirements for All Applications
A. Environmental impact statements and other environmental requirements
1. Purpose.
a. The purpose of this section is to provide a method to objectively
evaluate the impact of a proposed development, site alteration, or
project upon the resources and environmental quality of the
project area and the community and to insure that planning and
zoning decisions are made with a complete understanding of the
impact of such decisions upon the environment, to encourage
projects and developments that will:
i Protect, conserve and enhance, but not degrade, the
environmental quality and resources of the particular
project or development site. the general area and the
greater community
ii Minimize the future reduction in property values likely to
result. or be caused by improperly designed and executed
218
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB.doc
Text underlined is new text to be added.
Text E:tnkett:lr8ld€lt:l is GblrrElAt te)~ te be Belated.
Bold text indicates a defined term
projects and developments.
iii. Reduce the necessity for expenditure of public funds in the
future for rehabilitating the environmental quality of areas
of environmental sensitivity.
iv. Evaluate the potential environmental impacts of past or
current site uses (ie farminq chemical. petroleum products.
soil contamination)
b. Further, it is the purpose of this section to attain the widest range
of beneficial uses of the environment without degradation of
environmental advantages and risk to public health, safety,
welfare and other undesirable consequences.
c It is also the purpose of this section to optimize a balance
between population and resource use to permit high standards of
living and a wide sharing of resources and amenities among all
citizens and residents of and visitors to Collier County during the
present and for future generations.
2. Environmental information. The followinq information is required for all
development orders with a site plan or proposed development plan.
a. Wetlands
i. Where wetlands are suspected of occurrinq on site.
wetland determinations verified bv the South Florida Water
Manaqement District or Florida Department of
Environmental Protection shall be required. Include on the
site plan the location of all Collier County jurisdictional
wetlands. Where native veqetation occurs on site. identify
the location of all Collier County jurisdictional wetlands
accordinq to the Florida Land Use Cover and Forms
Classification System (FLUCFCS).
ii. For sites in the RFMU district and that portion of the
Wetlands Connected to the Lake Trafford/Camp Keais
Strand System contained within the Immokalee Urban
Desiqnated Area. as identified on the Immokalee Future
Land Use Map, provide a wetland assessment based on
the South Florida Water Manaqement District's Uniform
Mitiqation Assessment Method (UMAM) or Wetland Rapid
Assessment Procedures (WRAP) that has been accepted
by either the South Florida Water Manaqement District or
the Florida Department of Environmental Protection. For
sites outside the RFMU district, and where hiqh quality
wetlands (wetlands havinq functionality scores of at least
0.65 WRAP or 0.7 UMAM) are suspected of occurrinq on
site provide an assessment based on the UMAM or
219
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BBdoc
Text underlined is new text to be added.
Text s:triketRrebl~R is CloIFr8Rt text te be aelatea
Bold text indicates a defined term
WRAP. Include on the site plan the location of hiqh quality
wetlands and their location within the proposed
development plan.
iii. Site Development Plans or construction plans with impacts
to five (5) or more acres of wetlands shall provide an
analysis of potential water quality impacts of the proiect by
evaluatinq water quality loadinqs expected from the proiect
(post development conditions considerinq the proposed
land uses and storm water manaqement controls)
compared with water quality loadinqs of the project area as
it exists in its pre-development conditions. The analysis
shall be performed usinq methodoloqies approved by
Federal and State water quality aqencies, and must
demonstrate no increase in nutrient. biochemical oxyqen
demand, total suspended solids. lead. zinc and copper
loadinqs in the post development scenario.
b. Listed or protected_Species
i. A wildlife survey shall be required for all parcels when
listed or protected species are known to inhabit bioloqical
communities similar to those existinq on site or where
listed species are directly observed on site. The survey
shall be conducted in accordance with the quidelines of
the Florida Fish and Wildlife Conservation Commission
(FFWCC) and the U.S. Fish and Wildlife Service
(USFWS). Actual survey times. dates. transect map, and
map showinq the locations of listed species identified on-
site shall be provided. The recommended Survey times
may be reduced for small isolated parcels or where the
likelihood of listed or protected species is low, as
determined by the County Manaqer or desiqnee
Additional survey time may be required if listed species are
discovered on these parcels.
ii. Wildlife habitat manaqement and monitorinq plans for
listed or protected species shall be required for all projects
where the wildlife survey indicated listed or protected
species are utilizinq the site. or the site contains potential
habitat for listed or protected species. These plans shall
describe how the project directs incompatible land uses
away from listed or protected species and their habitats.
Wildlife manaqement and monitorinq plans shall be
included on approved Site Development Plans and
construction plans For sites with bald eaqle nests and/or
nest protection zones, bald eaqle manaqement plans are
required, copies of which shall be included as exhibits
attached to the PUD document
220
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL 88_doc
Text underlined is new text to be added.
Text strikettlrs\;lgtl is GblrrsAt t81R te l3e aeletea.
Bold text indicates a defined term
c. Native veqetation preservation
i. For sites which are currentlv clear of anv native veqetation
or in aqricultural use (in accordance with the Riqht to Farm
Act). provide documentation that the parcells) were issued
a permit to be cleared or are in compliance with the 25
year rezone limitation pursuant to section 10.02.06 and
Conservation and Coastal Manaqement Element GMP
Policy 6.1.5 For sites issued a permit to be cleared prior to
January 2003. provide documentation that the parcells)
are in compliance with the 10 year rezone limitation
previously identified in the GMP. Criteria to determine the
leqality and criteria for the c1earinq are found in Sections
10.02.06 and 3.05.05.
ii. Identify on a current aerial the acreaqes. locations and
community types of all upland and wetland habitats on the
proiect site, accordinq to the Florida Land Use Cover and
Forms Classification System (FLUCFCS). Include on the
aerial a leqend for each of the FLUCFCS Codes identified
on site and provide on the site plan. calculations for the
acreaqes of native veqetation types required to be
preserved on-site. Aerials and overlay information must be
leqible at the scale provided. For parcels with 1000 square
feet or less of native veqetation. a FLUFCS map is not
required on the aerial.
iii. Superimpose on the development plan the location of all
habitats and their boundaries. consistent with the Florida
Department of Transportation. Florida Land Use Cover
and Forms Classification System (FLUCFCS). Include on
the development plan a leqend for each of the FLUCFCS
Codes identified on site.
iv. For properties in the RLSA or RFMU districts. include on
the site plan the location of the land use desiqnations and
overlays as identified in the Growth Manaqement Plan.
v. Show on the site plan how preserves on-site aliqn with
preserves. public owned conservation lands, conservation
acquisition areas. maior flowwavs. potential wildlife
corridors and undeveloped land on adioininq and
neiqhborinq properties.
vi. Provide soils and topoqraphic maps with qround elevations
within each of FLUCFCS codes identified on site.
Determine seasonal hiqh water levels utilizinq lichen lines
or other bioloqical indicators and include on the site plan,
the control elevation(s) for the stormwater treatment areas.
Usinq the data required above. demonstrate how the
221
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB.doc
Text underlined is new text to be added.
Text striketRf8\:lgR is GblrreAt telft te Be deleted.
Bold text indicates a defined term
orolect des ion affects/imoroves
hvdrooeriods within the oreserves.
oredevelooment
vii. For offsite native veoetation oreservation retention,
demonstrate that the criteria in section 3.05.07 have been
met.
d. General information
i. For multi-slio dockinG facilities with ten slios or more. and
for all marina facilities. show how the oroject is consistent
with the Marina Sitino criteria in the Manatee Protection
Plan. This information must be included on the Site
Develooment Plan or construction olans for the oroject.
Develooment must demonstrate comoliance with site
soecific reouirements of the Manatee Protection Plan,
where aoolicable
ii. For sites with known environmental contamination. orovide
the results of any environmental assessments and/or
audits of the orooerty. alono with a narrative of the cost
and measures needed to clean uo the site.
iii. Include on the site olan the location of any Soecial
Treatment (ST) overlays. For sites located in the Bio
Cyoress Area of Critical State Concern-Soecial Treatment
(ACSC-ST) overlav district, show how the oroiect is
consistent with the develooment standards and reoulations
established for the ACSC-ST
iv. Identifv any Wellfield Risk ManaGement Soecial Treatment
Overlav Zones (WRM-ST) within the oroject area and
orovide an analysis for how the oroiect desion avoids the
most intensive land uses within the most sensitive WRM-
STs. Include the location of the Wellfield Risk
ManaGement Soecial Treatment Overlav Zones on the
develooment olan.
v. Soil and/or oround water samolinG shall be reouired for
sites that occuov farm fields. oolf courses. landfill or
iunkvards or for which there is a reasonable basis for
believino that there has been orevious contamination on
site. The amount of samolino and testino shall be
determined bv a reoistered orofessional with exoerience in
the field of Environmental Site Assessment and shall at a
minimum test for oroanochlorine oesticides (U.S.
Environmental Protection Aoencv (EPA) 8081) and
Resource Conservation and Recoverv Act (RCRA) 8
metals usino Florida Deoartment of Environmental
Protection (FDEP) soil samolinG Standard Ooeratino
222
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL SB.doc
Text underlined is new text to be added
Text striketArEHI~A is GblrrsRt temt t9 be deleted
Bold text indicates a defined term
Procedure (SOP) FS 3000. in areas suspected of beinq
used for mixinQ and at discharqe point of water
manaQement system. Samplinq should occur randomly if
no points of contamination are suspected. Include a
backQround soil analysis from an undeveloped location
hydraulically uPQradient of the suspected contaminated
site especially when evaluatinq arsenic since it is a
naturally occurrinQ soil constituent. Soil samplinq should
occur iust below the root zone, about 6 to 12 inches below
Qround surface or as otherwise aQreed upon with the
reQistered professional with experience in the field of
Environmental Site Assessment. For sites where
contamination is found. provide an analysis of the cost and
measures needed to clean UP the site or encapsulate the
contamination to meet applicable FDEP standards
Churches and community facilities shall be exempt from
this requirement. If this analysis has been done as part of
an Environmental Audit then the report shall be submitted.
vi. Demonstrate that the desiqn of the proposed stormwater
manaqement system and analysis of water quality and
quantity impacts fully incorporate the requirements of the
Interim Watershed Manaqement requlations of Section
3.07.00.
vii. Demonstrate that preserves will not be adversely affected
by the proposed stormwater desiqn. and when treated
stormwater is allowed to be directed into preserves.
provide calculations showinq that the preserves will not be
adversely affected.
viii. Shoreline development proiects must provide an analysis
demonstratinq that the project will remain fully functional
for its intended use after a six-inch rise in sea level.
~~. Applicability; environmental impact statement (EIS) required. Without first
obtLlining Llppro'lLlI of Lln An EIS shall be submitted in accordance with
the list below, or may qualifYiRl:I for an exemption pursuant to sub-section
10.02.02 A.7., as required by this Coda Properties that are not required
to submit an EIS are: 1) The NBMO Receivinq Lands. 2) sinqle-family
lots in accordance with sub-section 3.04.01 C.1.
It shall be unlawful and no to approve a building permit, conditional use,
zoning change, subdivision or condominium plat or unplatted
subdivision approval or other county permit or approval of or for
development or site alteration shLll1 be issued to cause the development
of or site allomtion of:
a. Any site with a ST or ACSC-ST overlay, unless otherwise
exempted by section 4.02.14 H (exceptions) or 4.02.14.1
223
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB_doc
Text underlined is new text to be added.
:r~--striketRrsblsh is Gl;lrreRt text te be deletea.
Bold text indicates a defined term
(exemptions), of this Code. The requirement of an EIS shall not
applv to parcels with Wellfield Risk Manaqement Special
Treatment Overlav Zones (WRM-ST), unless otherwise required
bv this section.
b. All sites seaward of the coastal manasement boumlary that are
&.a with 20 or more acres of native veqetation on site.
c. ,11,11 sites landward of the coastal manasement boundary that are
ten or more acres.
€If. Sites meetinq anv of the other appllcabllltv criteria herein and
where a prior EIS was prepared and approved for the same area
of land and where the following exist:
i. Greater impacts to the preserve~ afeaS or a reduction in
the size of the preserves are proposed; or
ii Greater impacts to jurisdictional wetlands or protected or
listed species habitats are proposed; or
iii. New or additional protected or listed species have been
identified on site; or
iv. ^ previous EIS is more than 5 years old The EIS is
consistent with the current GMP. CCME: or
v. Location and shape of preserve~ afeaS were not
previously approved.
eg. Any other development or site alteration which in the opinion of
the County Manager or his designee, would have substantial
impact upon environmental quality and which is not specifically
exempted in this Code. In determining whether such a project
would have substantial environmental impact the County Manager
or his designee shall base his decision on the terms and
conditions described in this Code and on the project's consistency
with the growth management plan
f. '-''-'hen required by section :3.04.01 of this Code. plant and animal
species surveys shall be conducted rosardless of whether an EIS
or resubmitted EIS is required by this section.
J1. Submission and review of EIS. A completed EIS, in written and digital
format, shall be submitted to County Manager or his designee for
approval, denial or approval with modifications. No development or site
alteration will be started without this approval and permits required by
law. Failure to provide full and complete information shall be grounds for
denial of the application The author(s) preparer(s) of the EIS and of
other environmental reports and data shall provide evidence, by
224
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB,doc
Text underlined is new text to be added,
+exH:itri!tsthreblijR is GblrrSFlt text t8 be deleted.-
Bold text indicates a defined term
academic credentials or experience, of his/her expertise in the area of
environmental sciences or natural resource management. Academic
credentials shall be a bachelor's or higher degree in one of the biological
sciences. Experience shall reflect at least three years, two years of which
shall be in the State of Florida, of ecological or biological professional
experience if 6ub&tituting for academic credentials
-4~. Information required for application.
a. Applicant information.
i. Responsible person who wrote the EIS and his/her
education and job related environmental experience.
ii. Owner(s)/agent(s) name, address, phone number & e-mail
address
b. Mapping and support graphics.
I. General location map.
ii. Native habitats and their boundaries identified on an aerial
photograph of the site extending at least 200 feet outside
the parcel boundary. This does not mean the applicant is
required to go on to adjoining properties. Habitat
identification consistent with the Florida Department of
Transportation. Florida Land Use Cover and Forms
Classification System (FLUCFCS) shall be depicted on an
aerial photograph having a scale of one inch equal to at
least 200 feet when available from the County. Other scale
aerials may be used where appropriate for the size of the
project, provided the photograph and overlays are legible
at the scale provided. A legend for each of the FLUCFCS
categories found on-site shall be included on the aerial
iii. Topographic map, and existing drainage patterns if
applicable Where possible, elevations within each of
FLUCFCS categories shall be provided.
iv. Soils map at scale consistent with that used for the Florida
Department of Transportation Florida Land Use Cover and
Forms Classification System determinations
v. Proposed drainage plan indicating basic flow patterns,
outfall and off-site drainage.
VI. Development plan including phasing program, service area
of existing and proposed public facilities, and existing and
proposed transportation network in the impact area
225
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB,doc
Text underlined is new text to be added
Text stril(ethrellgR is GI:HreFlt text ta se E1eletea
Bold text indicates a defined term
vii. Site plan showing preserves on-site, and how they align
with preserves on adjoining and neighboring properties.
Include on the plan locations of proposed and existing
development, roads, and areas for stormwater retention,
as shown on approved master plans for these sites, as
well as public owned conservation lands, conservation
acquisition areas, major flowways and potential wildlife
corridors.
viii. For properties in the RLSA or RFMU districts, a site plan
showing the location of the site, and land use designations
and overlays as identified in the Growth Management
Plan.
c. Project description and GMP consistency determination.
I. Provide an overall description of the project with respect to
environmental and water management issues.
ii. Explain how the project is consistent with each of the
Objectives and Policies in the Conservation and Coastal
Management Element of the Growth Management Plan,
where applicable.
d. Native vegetation preservation.
I. Identify the acreage and community type of all upland and
wetland habitats found on the project site, according to the
Florida Land Use Cover and Forms Classification System
(FLUCFCS) Provide a description of each of the
FLUCFCS categories identified on-site by vegetation type
(species), vegetation composition (canopy, midstory and
ground cover) and vegetation dominance (dominant,
common and occasional).
ii. Explain how the project meets or exceeds the native
vegetation preservation requirement in Goal 6 of the
Conservation and Coastal Management Element of the
Growth Management Plan, and Chapters 3 and 10 of the
Land Development Code Provide an exhibit illustrating
such. Include calculations identifying the acreage for
preservation and impact, per FLUCFCS category.
iii. For sites already cleared and in agricultural use, provide
documentation that the parcel(s) are in compliance with
the 25 year rezone limitation in Policy 6.1.5 of the
Conservation and Coastal Management Element of the
Growth Management Plan and Chapters 3 and 10 of the
Land Development Code. For sites cleared prior to
January 2003, provide documentation that the parcel(s)
226
C:\Temporary Internet Files\ContentOutlook\M2XOPTYF\10 02 02 A E1S Thresholds (061808) SL B6.doc
Text underlined is new text to be added.
Text striketAn:nJ~A is Gl.lrreAt text tQ be E1eletea:
Bold text indicates a defined term
are in compliance with the 10 year rezone limitation
previously identified in the Growth Management Plan and
Land Development Code.
iv. Have preserves or acreage requirements for preservation
previously been identified for the site during previous
development order approvals? If so, identify the location
and acreage of these preserves, and provide an
explanation if they are different from what is proposed.
v. For properties with Special Treatment "ST" overlays, show
the ST overlay on the development plan and provided an
explanation as to why these areas are being impacted or
preserved.
e. Wetlands.
i. Define the number of acres of Collier County jurisdictional
wetlands (pursuant to Policy 6.2.1 and 6.2.2 of the
Conservation and Coastal Management Element of the
Growth Management Plan) according to the Florida Land
Use Cover and Forms Classification System (FLUCFCS).
Include a description of each of the FLUCFCS categories
identified on-site by vegetation type (species), vegetation
composition (canopy, midstory and ground cover) and
vegetation dominance (dominant, common and
occasional). Wetland determinations are required to be
verified by the South Florida Water Management District or
Florida Department of Environmental Protection, prior to
submission to the County.
ii. Determine seasonal and historic high water levels utilizing
lichen lines or other biological indicators. Indicate how the
project design improves/affects predevelopment
hydroperiods. Provide a narrative addressing the
anticipated control elevation(s) for the site.
iii. Indicate the proposed percent of defined wetlands to be
impacted and the effects of proposed impacts on the
functions of these wetlands. Provide an exhibit showing
the location of wetlands to be impacted and those to be
preserved on-site. Describe how impacts to wetlands have
been minimized.
iv. Indicate how the project design compensates for wetland
impacts pursuant to the Policies and Objectives in Goal 6
of the Conservation and Coastal Management Element of
the Growth Management Plan. For sites in the RFMU
district and that portion of the Wetlands Connected to the
Lake Trafford/Camp Keais Strand Svstem contained within
227
C:\Temporary Internet Files\ContentOuttook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB.doc
Text underlined is new text to be added.
Te)(t Btrikethrel.l~A is GlmeAt text te 13e aelatea.
Bold text indicates a defined term
the Immokalee Urban DesiQnated Area. as identified on
the Immokalee Future Land Use Map. provide an
assessment, based on the South Florida Water
Management District's Uniform Mitigation Assessment
Method, that has been accepted by either the South
Florida Water Management District or the Florida
Department of Environmental Protection. For sites outside
the RFMU district, and where higher quality wetlands
(wetlands havinQ functionality scores of at least 0.65
WRAP or 0.7 UMAM) are being rctaineEl suspected of
occurrinq on-site, provide justification based on the
Uniform Mitigation Assessment Method. Include on the site
plan the location of hiQh Qualitv wetlands and their location
within the proposed development plan.
f. Surface and ground water management.
i. Provide an overall description of the proposed water
management system explaining how it works, the basis of
design, historical drainage flows, off-site flows coming in to
the system and how they will be incorporated in the system
or passed around the system, positive outfall availability,
Wet Season Water Table and Dry Season Water Table,
and how they were determined. and any other pertinent
information pertaining to the control of storm and ground
water.
ii. Provide an analysis of potential water quality impacts of
the project by evaluating water quality loadings expected
from the project (post development conditions considering
the proposed land uses and stormwater management
controls) compared with water quality loadings of the
project area as it exists in its pre-development conditions.
This analysis is required for projects impacting five (5) or
more acres of wetlands. The analysis shall be performed
using methodologies approved by Federal and State water
quality agencies and must demonstrate no increase in
nutrient, biochemical OXVQen demand. total suspended
solids. lead zinc and copper 10adinQs in the post
development scenario.
iii. Identify any Wellfield Risk Management Special Treatment
Overlay Zones (WRM-ST) within the project area and
provide an analysis for how the project design avoids the
most intensive land uses within the most sensitive WRM-
STs.
iv. Demonstrate that the desiQn of the proposed stormwater
manaQement system and analvsis of water Qualitv and
Quantitv impacts fullv incorporate the requirements of the
228
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB,doc
Text underlined is new text to be added
Text stnketRr9b19R iEt G\mBAt text t8 88 EleleteEl.
Bold text indicates a defined term
Interim Watershed Manaqement requlations of Section
307.00.
v. Demonstrate that preserves will not be adverselv affected
bv the proposed stormwater desiqn. and when treated
stormwater is allowed to be directed into preserves.
provide calculations showinq that the preserves will not be
adverselv affected.
g. Listed or protected species
i. Provide a plant and animal species survey to include at a
minimum, listed or protected species known to inhabit
biological communities similar to those existing on-site,
and conducted in accordance with the guidelines of the
Florida Fish and Wildlife Conservation Commission and
the U.S Fish and Wildlife Service. State actual survey
times and dates, and provide a map showing the
location(s) of species of special status identified on-site.
ii. Identify all listed or protected species that are known to
inhabit biological communities similar to those existing on
the site or that have been directly observed on the site.
iii. Indicate how the project design minimizes impacts to
species of special status Describe the measures that are
proposed as mitigation for impacts to listed species.
iv. Provide habitat management plans for each of the listed
species known to occur on the property. For sites with bald
eagle nests and/or nest protection zones, bald eagle
management plans are required, copies of which shall be
included as exhibits attached to the PUD documents,
where applicable
v. Where applicable, include correspondence received from
the Florida Fish and Wildlife Conservation Commission
(FFWCC) and the US Fish and Wildlife Service
(USFWS), with regards to the project Explain how the
concerns of these agencies have been met
h. Other.
i. For multi-slip docking facilities with ten slips or more. and
for all marina facilities, show how the project is consistent
with the marina Siting and other criteria in the Manatee
Protection Plan ii. Include the results of any environmental
assessmonts and/or audits of the property. If applicable,
provide a narrative of tho cost and measures needed to
clean up the sito
229
C:\Temporary Internet Files\ContentOutlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB.doc
Text underlined is new text to be added.
+ext--strikethrsu€lA is SUrfeRt text ts be deletes:
Bold text indicates a defined term
ii. Include the results of any environmental assessments
and/or audits of the property. If applicable, provide a
narrative of the cost and measures needed to clean UP the
site.
iii. For sites located in the Big Cypress Area of Critical State
Concern-Special Treatment (ACSC-ST) overlay district,
show how the project is consistent with the development
standards and regulations established for the ACSC-ST.
iv. Soil sampling and/or ground water analysis monitoring
reports and programs shall be required for sites that
occupy eJa farm fields, eJa golf courses, landfill or
iunkyards or for which there is a reasonable basis for
believing that there has been previous contamination on
site. The amount of sampling and testing number of
samples required shall be determined by tile
Environmontal Services staff along with the Polllltion
Control Deportment ami the Florid::! Department of
Environmental Protection a registered professional with
experience in the field of Environmental Site Assessment.
The analysis shall at a minimum test for organochlorine
pesticides (U.S. Environmental Protection Agency (EPA)
8081) and 8 RCRA 8 metals usinq Florida Department of
Environmental Protection (FDEP) soil samplinq Standard
Operating Procedure (SOP) FS 3000. in areas suspected
of beinq used for mixinq and at discharqe point of water
management System. Samplinq should occur randomly if
no points of contamination are suspected. Include a
backqround soil analysis from an undeveloped location
hydraulically upqradient of the suspected contaminated
site especially when evaluatinq arsenic since it is a
naturally occurrinq soil constituent. Soil sampling should
occur iust below the root zone, about 6 to 12 inches below
qround surface or as otherwise agreed upon with the
reqistered professional with experience in the field of
Environmental Site Assessment. For sites where
contamination is found, provide an analysis of the cost and
measures needed to clean UP the site or encapsulate the
contamination to meet applicable FDEP standards
Churches and community facilities shall be exempt from
this requirement. If this analysis has been done as part of
an Environmental Audit then the report shall be submitted.
v. Provide documentation from the Florida Master Site File,
Florida Department of State and any printed historic
archaeological surveys that have been conducted on the
project area Locate any known historic or archaeological
sites and their relationships to the proposed project
230
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB.doc
Text underlined is new text to be added.
TOJ(t striketnreu9A is GblHeRt text te 138 aelates.
Bold text indicates a defined term
design. Demonstrate how the project design preserves the
historic/archaeological integrity of the site.
vi Provide an analysis demonstrating that the project will
remain fully functional for its intended use after a six-inch
rise in sea level as required by the Growth Management
Plan
l)Q. Additional data The County Manager or his designee may require
additional data or information necessary in order to make a thorough and
complete evaluation of the EIS and project.
aZ. Relation between ElS and development of regional impact (DRI). In any
instance where the proposed project requires both an EIS and a DRI,
their data may be embodied in one report provided such report includes
all the required information on both the EIS and DRI
7~. Exemptions.
O. The EI8 exemption shall not apply to any parcel with a 8T or
AC8C lOT overloy, unless otherwise exempted by section 1.02.11
H (exceptions) or 102.11.1 (exemptions), of this Code.
b. Sin!jle family or duplex uses. Also, sin!jle family or duplex use
on a single let or Flarce!.
c. !\!IriGultural uses. ^!IriGultural uses that fall within the scoFle of
sections 16:3:3211(1) or 823.11(6), Florida Statutes, previded that
tho subject property will not be converted to a nona!jricultural use
~ or considered for any type of rezonin!j petition for a Fleriod of
twenty five years after the a!lriGultur-a1 uses commence and
provided that the subject FlroFlerty does not fall within an ACSC or
lOT zonin!j overlay.
a. Aqricultural uses that fall within the scope of sections 163.3214(4)
or 823.14(6). Florida Statutes, provided that the subiect property
will not be converted to a nonaqricultural use or considered for
any type of rezonino petition for a period of twenty-five years after
the aqricultural uses commence and provided that the subiect
property does not fall within an ACSC or ST zonino overlay This
does not obviate the applicant from provino all other
environmental data required per 100202.A.2.
d):L Non sensitive areas. Any area or parcel of land which is not. in
the opinion of the County Manaqer or his desiqnee. an area of
environmental sensitivity. sublect to the criteria set forth below.
provided that the subiect property does not fall within an ACSC or
ST zonino overlay:
i The subject Flroperty has already been altered Ihrou!jh
231
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB.doc
iii
Text underlined is new text to be added.
:text strihetl:arSl::I9R is Gl:lrreAt t81~ te S8 aelates.
Bold text indicates a defined term
past usage, prior to the adoption of this Code, in suoh a
manner that the proposed use will not further degrade the
environmental quality of the site or the surrounding areas
whioh might be affeoted by the proposed use
The major flora and fauna features have been altered or
removed to suoh an extent as to preolude their reasonable
regeneration or useful ecological purpose. An example
would be in the case of an industrial park or a commercial
development where most of the flora and fauna were
removed prior to the passage of this Code.
iii.
The surface (mEl!or natural drainage er recharge capacity
of the project site has been paved or ohanneled, or
otherwise altered or impro'Jed prior to the adoption of this
Code, and will not be furthor degraEleEl as (l result of the
proposeEl use or development.
i"
..
The use and!or de'..elopment of the subjoct property will
definitely improve (lnd correct eoologio(ll deficienoies .....hich
resultod from use (lnd!or de'..elopment whioh took plaoe
prior to the passage of this CoEle. An example woulEl be
where the developer proposes to reforest the area. provide
aElElitional open space, replaoe natural E1rain(lge for
oh(lnneled E1rainage, anEl!or reduoe E1ensity.
't.
The use or development will utilize existing buildings and
structures anEl '.vill not reEluire (lny major alteration or
modific(ltion of the existing land forms, drainage, or flora
and f(luna elements of the property.
Ii
The use or development will occur within previously
disturbed areas. There shall be no impact to listed species
or more than 1.000 square feet of impact to native
veqetation or natural areas.
iii.
Redevelopment of a site where the previous preserves do
not meet the minimum criteria of the current Code or
GMP's. for example where the preserve was a strip of
native veqetation or landscapinq less than 40 feet in width.
e. 1\11 lanEls lying within all incorporateEl munioil3alities in Collier
County.
f. 1\11 ~JBMO Reoeiving Lands.
g. Single family lots in aooordanoe .....ith section :301.01 C1
Rf. A conventional rezone with no site plan or proposed development
plan. This exemption does not apply to lands that include any of
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB.doc
232
Text underlined is new text to be added.
Text EtriketRrel::l['JR is s",rrsAt text ts be deleted.
Bold text indicates a defined term
the following zoning, overlays or critical habitats: Conservation
(CON), Special Treatment (ST), Area of Critical State Concern
(ACSC), Natural Resource Protection Areas (NRPA's), Rural
Fringe Mixed Use (RFMU) Sending Lands, Xeric Scrub, Dune and
Strand, Hardwood Hammocks, or any land occupied by listed
species or defined by an appropriate State or Federal agency to
be critical foraging habitat for listed species.
d. Developed sites. Proposed impacts are within the boundaries of
developed areas, with no more than 1,000 sQuare feet of native
veQetation reQuired to be cleared
8~. Fees. In order to implement, maintain and enforce this Code, the cost
upon submission of the environmental impact statement shall be as
established by resolution. Until this fee has been paid in full no action of
any type shall be taken.
9.1Q. Appeals.
a. Any person aggrieved by the decision of the County Manager or
his designee regarding EIS procedures or submittals (i.e. - this
section of the Code) may file a written request for appeal, not later
than ten days after said decision, with the EAC or their successor
organization
b. The EAC will notify the aggrieved person and the County Manager
or his designee of the date, time and place that such appeal shall
be heard; such notification will be given 21 days prior to the
hearing unless all parties waive this requirement.
c. The appeal will be heard by the EAC within 60 days of the
submission of the appeal.
d. Ten days prior to the hearing the aggrieved person shall submit to
the EAC and to the County Manager or his designee copies of the
data and information he intends to use in his appeal.
e Upon conclusion of the hearing the EAC will submit to the BCC
their facts, findings and recommendations.
f. The BCC, in regular session, will make the final decision to affirm,
overrule or modify the decision of the County Manager or his
designee in light of the recommendations of the EAC.
.
.
.
.
.
.
.
.
.
.
.
.
233
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB.doc
Text underlined is new text to be added.
Text strikett:1rt3l:lgt:1 is GlomaRt tant te be delates.
Bold text indicates a defined term
This page intentionally left blank.
234
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB,doc
Text underlined is new text to be added.
Text striketl'H8ldQR is mmsAt teJ~ t9 be deleteGl..
Bold text indicates a defined term
LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
Barbara Burgeson, Manager, Environmental Services
DEP ARTMENT:
Engineering and Environmental Services Department
AMENDMENT CYCLE: 2008 Cycle 1
LDC PAGE: LDClO:6 - LDCIO:14
LDC SECTlON(S): 10.02.02 Submittal Requirements for All Applications
CHANGE: Revise the Environmental Impact Statements (EIS) sub-section of the LDC
to implement the EAR-based GMP amendment to Policy 6.1.8 of the Conservation and
Coastal Management Element (CCME).
Include requirement to provide a pre and post development water analysis to demonstrate
no increase in lead, zinc, copper loadings in post development scenario. Required as part
of the EAR-based GMP amendments to the Conservation and Coastal Management
Element (CCME).
Per the direction from the Collier County Planning Commission, exempt churches and
community facilities from the requirement of providing soil and/or ground water
sampling, as the tests are not needed and the cost not justified for these type facilities.
REASON: Changes to the ElS sub-section are required as part of the EAR-based
GMP amendment to CCME Policies 6.1.8 and 2.3.6 (b).
Policy 6.1.8 states the following:
"An Environmental Impact Statement (ElS), or submittal of appropriate environmental
data as specified in the County's land development regulations, is required, to provide a
method to objectively evaluate the impact of a proposed development, site alteration, or
project upon the resources and environmental quality of the project area and the
community and to insure that planning and zoning decisions are made with a complete
understanding of the impact of such decisions upon the environment, to encourage
projects and developments that will protect, conserve and enhance, but not degrade, the
environmental quality and resources of the particular project or development site, the
general area and the greater community. The County's land development regulations
shall establish the criteria for determining the type of proposed development requiring an
217
C:\Temporary Internet Files\ContentOutlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB.doc
Text underlined is new text to be added.
Tela striltetl=trs\:JQR is GblrreAt temt ta be deleted.
Bold text indicates a defined term
EIS, including the size and nature of the proposed development, the location of the
proposed development in relation to existing environmental characteristics, the degree of
site alterations, and other pertinent information."
Policy 2.3.6 (b) states the following:
"Excluding single family homes, any project impacting 5 acres or more of wetlands must
provide a pre and post development water quality analysis to demonstrate no increase in
nutrient, biochemical oxygen demand, total suspended solids, lead, zinc and copper
loading in the post development scenario."
FISCAL & OPERATIONAL IMPACTS: Changing the thresholds when an EIS is
required will save time and expense on the part of staff and the applicant on projects
which otherwise would have been required to submit an ElS.
RELATED CODES OR REGULATIONS: 8.06.00 Environmental Advisory Council
(LDC amendment to these sub-sections also included with this amendment cycle)
GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR-based
GMP amendments to CCME Policies 6.1.8 and 2.3.6 (b).
OTHER NOTESNERSION DATE: Created April 18,2008. Amended June 18,2008
Amend the LDC as follows:
10.02.02 Submittal Requirements for All Applications
A. Environmental impact statements and other environmental requirements
1. Purpose.
a. The purpose of this section is to provide a method to objectively
evaluate the impact of a proposed development, site alteration, or
project upon the resources and environmental quality of the
project area and the community and to insure that planning and
zoning decisions are made with a complete understanding of the
impact of such decisions upon the environment, to encourage
projects and developments that will:
i Protect, conserve and enhance, but not degrade, the
environmental quality and resources of the particular
project or development site, the general area and the
greater community.
ii Minimize the future reduction in property values likely to
result, or be caused by improperly designed and executed
218
C:\Temporary Internet Files\Content.Outlook\M2XDPTYF\10 02 02 A EIS Thresholds (061808) SL S8.doc
Text underlined is new text to be added
-=HOO,strikett:1rel.l€Jt:1 IS ~imeAt te}(t te 13e deleted.
Bold text indicates a defined term
projects and developments.
iii. Reduce the necessity for expenditure of public funds in the
future for rehabilitating the environmental quality of areas
of environmental sensitivity.
iv Evaluate the potential environmental impacts of past or
current site uses (ie farminQ chemical, petroleum products,
soil contamination).
b. Further, it is the purpose of this section to attain the widest range
of beneficial uses of the environment without degradation of
environmental advantages and risk to public health, safety,
welfare and other undesirable consequences.
c It is also the purpose of this section to optimize a balance
between population and resource use to permit high standards of
living and a wide sharing of resources and amenities among all
citizens and residents of and visitors to Collier County during the
present and for future generations.
2. Environmental information. The followinQ information is required for all
development orders with a site plan or proposed development plan.
a. Wetlands
i. Where wetlands are suspected of occurrinQ on site,
wetland determinations verified by the South Florida Water
ManaQement District or Florida Department of
Environmental Protection shall be required. Include on the
site plan the location of all Collier County jurisdictional
wetlands Where native veQetation occurs on site. identify
the location of all Collier County jurisdictional wetlands
accordinQ to the Florida Land Use Cover and Forms
Classification System (FLUCFCS).
ii. For sites in the RFMU district and that portion of the
Wetlands Connected to the Lake Trafford/Camp Keais
Strand System contained within the Immokalee Urban
DesiQnated Area, as identified on the Immokalee Future
Land Use Map. provide a wetland assessment based on
the South Florida Water ManaQement District's Uniform
MitiQation Assessment Method (UMAM) or Wetland Rapid
Assessment Procedures (WRAP) that has been accepted
by either the South Florida Water ManaQement District or
the Florida Department of Environmental Protection. For
sites outside the RFMU district, and where hiQh Quality
wetlands (wetlands havinQ functionality scores of at least
065 WRAP or 07 UMAM) are suspected of occurrinQ on
site, provide an assessment based on the UMAM or
219
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB,doc
Text underlined is new text to be added.
TEOO-stfikethrelJ!iJh iEt G~rreAt text te be deletes.
Bold text indicates a defined term
WRAP. Include on the site plan the location of hiah auality
wetlands and their location within the proposed
deyelopment plan.
iii. Site Deyelopment Plans or construction plans with impacts
to fiye (5) or more acres of wetlands shall proyide an
analysis of potential water auality impacts of the proiect by
eyaluatina water auality loadinas expected from the proiect
(post deyelopment conditions considerina the proposed
land uses and stormwater manaaement controls)
compared with water auality loadinas of the proiect area as
it exists in its pre-development conditions. The analysis
shall be performed usina methodoloaies approved by
Federal and State water auality aaencies. and must
demonstrate no increase in nutrient. biochemical oxyaen
demand. total suspended solids. lead. zinc and copper
loadinas in the post development scenario.
b. Listed or protected_Species
i. A wildlife survey shall be reauired for all parcels when
listed or protected species are known to inhabit bioloaical
communities similar to those existina on site or where
listed species are directly observed on site. The survey
shall be conducted in accordance with the auidelines of
the Florida Fish and Wildlife Conservation Commission
(FFWCC) and the US Fish and Wildlife Service
(USFWS). Actual suryey times, dates, transect map. and
map showina the locations of listed species identified on-
site shall be provided. The recommended Survey times
may be reduced for small isolated parcels or where the
likelihood of listed or protected species is low. as
determined by the County Manaaer or desianee.
Additional survey time may be reauired if listed species are
discovered on these parcels.
ii. Wildlife habitat manaaement and monitorina plans for
listed or protected species shall be reauired for all proiects
where the wildlife survey indicated listed or protected
species are utilizina the site, or the site contains potential
habitat for listed or protected species. These plans shall
describe how the proiect directs incompatible land uses
away from listed or protected species and their habitats.
Wildlife manaaement and monitorina plans shall be
included on approved Site Development Plans and
construction plans For sites with bald eaale nests and/or
nest protection zones. bald eaale manaaement plans are
reauired. copies of which shall be included as exhibits
attached to the PUD document
220
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BS.doc
Text underlined is new text to be added.
+EOO- striketl:1relo!!ilR is GblrreAt telA te be deleted.
Bold text indicates a defined term
c. Native veqetation preservation
i. For sites which are currentlv clear of any native veqetation
or in aqricultural use (in accordance with the Riqht to Farm
Act), provide documentation that the parcel(s) were issued
a permit to be cleared or are in compliance with the 25
year rezone limitation pursuant to section 10.02.06 and
Conservation and Coastal Manaqement Element GMP
Policy 61.5. For sites issued a permit to be cleared prior to
January 2003. provide documentation that the parcel(s)
are in compliance with the 10 year rezone limitation
previously identified in the GMP. Criteria to determine the
leqality and criteria for the clearinq are found in Sections
1002.06 and 3.0505
ii. Identify on a current aerial the acreaqes. locations and
community types of all upland and wetland habitats on the
project site. accordinq to the Florida Land Use Cover and
Forms Classification System (FLUCFCS). Include on the
aerial a leqend for each of the FLUCFCS Codes identified
on site and provide on the site plan, calculations for the
acreaqes of native veqetation types required to be
preserved on-site Aerials and overlay information must be
leqible at the scale provided. For parcels with 1000 square
feet or less of native veqetalion. a FLUFCS map is not
required on the aerial.
iii. Superimpose on the development plan the location of all
habitats and their boundaries. consistent with the Florida
Department of Transportation. Florida Land Use Cover
and Forms Classification System (FLUCFCS). Include on
the development plan a leqend for each of the FLUCFCS
Codes identified on site.
iv. For properties in the RLSA or RFMU districts, include on
the site plan the location of the land use desiqnations and
overlays as identified in the Growth Manaqement Plan.
v. Show on the site plan how preserves on-site aliqn with
preserves. public owned conservation lands. conservation
acquisition areas. maior flowways. potential wildlife
corridors and undeveloped land on adioininq and
neiqhborinq properties
vi. Provide soils and topoqraphic maps with qround elevations
within each of FLUCFCS codes identified on site.
Determine seasonal hiqh water levels utilizinq lichen lines
or other bioloqical indicators and include on the site plan.
the control elevation(s) for the storm water treatment areas
Usinq the data required above. demonstrate how the
221
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB.doc
Text underlined is new text to be added,
TEHR 6triketArel::l~h is S\;lrreRt text tEl be deleted.
Bold text indicates a defined term
proiect desiQn affects/improves
hvdroperiods within the preserves.
predevelopment
vii. For offsite native veQetation preservation retention.
demonstrate that the criteria in section 3.05.07 have been
met.
d. General information
i. For multi-slip dockinQ facilities with ten slips or more. and
for all marina facilities, show how the proiect is consistent
with the Marina SitinQ criteria in the Manatee Protection
Plan. This information must be included on the Site
Development Plan or construction plans for the proiect.
Development must demonstrate compliance with site
specific requirements of the Manatee Protection Plan,
where applicable.
ii. For sites with known environmental contamination. provide
the results of anv environmental assessments and/or
audits of the propertv, alonQ with a narrative of the cost
and measures needed to clean UP the site.
iii. Include on the site plan the location of anv Special
Treatment (ST) overlavs. For sites located in the BiQ
Cvpress Area of Critical State Concern-Special Treatment
(ACSC-ST) overlav district, show how the proiect is
consistent with the development standards and reQulations
established for the ACSC-ST.
iv. Identifv anv Wellfield Risk ManaQement Special Treatment
Overlav Zones (WRM-ST) within the proiect area and
provide an analvsis for how the proiect desiQn avoids the
most intensive land uses within the most sensitive WRM-
STs. Include the location of the Wellfield Risk
ManaQement Special Treatment Overlav Zones on the
development plan.
v. Soil and/or Qround water samplinQ shall be required for
sites that occupv farm fields, Qolf courses. landfill or
iunkvards or for which there is a reasonable basis for
believinQ that there has been previous contamination on
site. The amount of samplinQ and testinQ shall be
determined bv a reQistered professional with experience in
the field of Environmental Site Assessment and shall at a
minimum test for orQanochlorine pesticides (U.S.
Environmental Protection AQencv (EPA) 8081) and
Resource Conservation and Recoverv Act (RCRA) 8
metals usinQ Florida Department of Environmental
Protection (FDEP) soil samplinQ Standard OperatinQ
222
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB_doc
Text underlined is new text to be added.
~-5tfit~etRra~eA is Gl;lrrSFlt text ta be deletes.
Bold text indicates a defined term
Procedure (SOP) FS 3000, in areas suspected of beinq
used for mixinq and at discharqe point of water
manaqement system. Samplinq should occur randomly if
no points of contamination are suspected. Include a
backqround soil analysis from an undeyeloped location
hydraulically upgradient of the suspected contaminated
site especially when eyaluatinq arsenic since it is a
naturally occurring soil constituent. Soil samplinq should
occur lust below the root zone, about 6 to 12 inches below
ground surface or as otherwise agreed upon with the
reqistered professional with experience in the field of
Enyironmental Site Assessment. For sites where
contamination is found, provide an analysis of the cost and
measures needed to clean up the site or encapsulate the
contamination to meet applicable FDEP standards.
Churches and community facilities shall be exempt from
this requirement. If this analysis has been done as part of
an Environmental Audit then the report shall be submitted.
vi. Demonstrate that the desiqn of the proposed stormwater
manaqement system and analysis of water quality and
quantity impacts fully Incorporate the requirements of the
Interim Watershed Management regulations of Section
3.07.00.
vii. Demonstrate that preserves will not be adversely affected
by the proposed stormwater desiqn. and when treated
stormwater is allowed to be directed into preserves.
provide calculations showinq that the preserves will not be
adversely affected.
viii. Shoreline development projects must provide an analysis
demonstratinq that the project will remain fully functional
for its intended use after a six-inch rise in sea level.
2~. Applicability; environmental impact statement (EIS) required. Without first
obtaining approval of an An EIS shall be submitted in accordance with
the list below, or may qualify~ for an exemption pursuant to sub-section
10.02.02 A.7., as required by this Code Properties that are not required
to submit an EIS are 1) The NBMO Receivinq Lands. 2) single-family
lots in accordance with sub-section 3.04.01 C.1.
It shall be unlawful ::md no to approve a building permit, conditional use,
zoning change. subdivision or condominium plat or unplatted
subdivision approval or other county permit or approval of or for
development or site alteration shall be issued to cause the develol'lA'lent
of or site alteration of:
a. Any site with a ST or ACSC-ST overlay, unless otherwise
exempted by section 4.0214 H (exceptions) or 4.02.14.1
223
C:\Temporary Internet Files\ContentOutlook\M2XOPTYF\10 02 02 A EfS Thresnolds (061808) SL BB,doc
Text underlined is new text to be added,
T8)(t E.triketl'lrSl:lgA i€ GblrrsAt text t8 be (jeletes,
Bold text indicates a defined term
(exemptions). of this Code. The requirement of an EIS shall not
apply to parcels with Wellfield Risk Manaqement Special
Treatment Overlay Zones (WRM-ST), unless otherwise required
by this section.
b. All sites seaward of the coastal management boundary that are
~ with 20 or more acres of native vegetation on site.
c. All sites landward of the coastal management boundary that are
ten or more acres.
Sf. Sites meetinq any of the other applicability criteria herein and
where a prior EIS was prepared and approved for the same area
of land and where the following exist:
i. Greater impacts to the preserve~ areas or a reduction in
the size of the preserves are proposed; or
ii Greater impacts to jurisdictional wetlands or protected or
listed species habitats are proposed; or
Iii. New or additional protected or listed species have been
identified on site; or
iv. ^ previous EIS is more than fi years old The EIS is
consistent with the current GMP. CCME: or
v. Location and shape of preserve~ areas were not
previously approved
eg. Any other development or site alteration which in the opinion of
the County Manager or his designee, would have substantial
impact upon environmental quality and which is not specifically
exempted in this Code. In determining whether such a project
would have substantial environmental impact the County Manager
or his designee shall base his decision on the terms and
conditions described in this Code and on the project's consistency
with the growth management plan.
f. When required by section 301.01 of this Code, plant and animal
species surveys shall be conducted regardless of whether an EIS
or resubmitted EIS is required by this section.
~. Submission and review of EIS A completed EIS, in written and digital
format, shall be submitted to County Manager or his designee for
approval, denial or approval With modifications. No development or site
alteration will be started without this approval and permits required by
law. Failure to provide full and complete information shall be grounds for
denial of the application. The author(s) preparer(s) of the EIS and of
other environmental reports and data shall provide evidence, by
224
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL B6.doc
Text underlined is new text to be added.
:r~ Gtril~etRrebl91:l is S\::JrFElRt text te be seletes
Bold text indicates a defined term
academic credentials or experience, of his/her expertise in the area of
environmental sciences or natural resource management. Academic
credentials shall be a bachelor's or higher degree in one of the biological
sciences. Experience shall reflect at least three years, two years of which
shall be in the State of Florida, of ecological or biological professional
experience if substituting for academic crodontials.
-4~. Information required for application
a. Applicant information.
i. Responsible person who wrote the EIS and his/her
education and job related environmental experience.
ii. Owner(s)/agent(s) name, address, phone number & e-mail
address
b. Mapping and support graphics.
i. General location map.
ii. Native habitats and their boundaries identified on an aerial
photograph of the site extending at least 200 feet outside
the parcel boundary. This does not mean the applicant is
required to go on to adjoining properties. Habitat
identification consistent with the Florida Department of
Transportation. Florida Land Use Cover and Forms
Classification System (FLUCFCS) shall be depicted on an
aerial photograph having a scale of one inch equal to at
least 200 feet when available from the County. Other scale
aerials may be used where appropriate for the size of the
project. provided the photograph and overlays are legible
at the scale provided A legend for each of the FLUCFCS
categories found on-site shall be included on the aerial.
iii. Topographic map, and existing drainage patterns if
applicable. Where possible, elevations within each of
FLUCFCS categories shall be provided
iv. Soils map at scale consistent with that used for the Florida
Department of Transportation Florida Land Use Cover and
Forms Classification System determinations.
v. Proposed drainage plan indicating basic flow patterns,
outfall and off-site drainage.
vi. Development plan including phasing program, service area
of existing and proposed public facilities, and existing and
proposed transportation network in the impact area.
225
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BS.doc
Text underlined is new text to be added.
Tex:t strikettHelJ~A is GlJrreAt tel~ tEl be aBlated.
Bold text indicates a defined term
vii. Site plan showing preserves on-site, and how they align
with preserves on adjoining and neighboring properties.
Include on the plan locations of proposed and existing
development, roads, and areas for stormwater retention,
as shown on approved master plans for these sites, as
well as pUblic owned conservation lands, conservation
acquisition areas, major flowways and potential wildlife
corridors.
viii. For properties in the RLSA or RFMU districts, a site plan
showing the location of the site, and land use designations
and overlays as identified in the Growth Management
Plan.
c. Project description and GMP consistency determination.
i. Provide an overall description of the project with respect to
environmental and water management issues.
ii. Explain how the project is consistent with each of the
Objectives and Policies in the Conservation and Coastal
Management Element of the Growth Management Plan,
where applicable.
d. Native vegetation preservation.
i. Identify the acreage and community type of all upland and
wetland habitats found on the project site, according to the
Florida Land Use Cover and Forms Classification System
(FLUCFCS). Provide a description of each of the
FLUCFCS categories identified on-site by vegetation type
(species), vegetation composition (canopy, midstory and
ground cover) and vegetation dominance (dominant,
common and occasional).
ii. Explain how the project meets or exceeds the native
vegetation preservation requirement in Goal 6 of the
Conservation and Coastal Management Element of the
Growth Management Plan, and Chapters 3 and 10 of the
Land Development Code. Provide an exhibit illustrating
such Include calculations identifying the acreage for
preservation and impact, per FLUCFCS category.
iii. For sites already cleared and in agricultural use, provide
documentation that the parcel(s) are in compliance with
the 25 year rezone limitation in Policy 6.1.5 of the
Conservation and Coastal Management Element of the
Growth Management Plan and Chapters 3 and 10 of the
Land Development Code. For sites cleared prior to
January 2003, provide documentation that the parcel(s)
226
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061606) SL BB,doc
Text underlined is new text to be added.
Text €triketRF8l::lgR is SblrreRt te)(t t8 be Gelated.
Bold text indicates a defined term
are in compliance with the 10 year rezone limitation
previously identified in the Growth Management Plan and
Land Development Code.
iv. Have preserves or acreage requirements for preservation
previously been identified for the site during previous
development order approvals? If so, identify the location
and acreage of these preserves, and provide an
explanation if they are different from what is proposed.
v. For properties with Special Treatment "ST" overlays, show
the ST overlay on the development plan and provided an
explanation as to why these areas are being impacted or
preserved
e. Wetlands
i. Define the number of acres of Collier County jurisdictional
wetlands (pursuant to Policy 6.2.1 and 6.2.2 of the
Conservation and Coastal Management Element of the
Growth Management Plan) according to the Florida Land
Use Cover and Forms Classification System (FLUCFCS).
Include a description of each of the FLUCFCS categories
identified on-site by vegetation type (species), vegetation
composition (canopy, midstory and ground cover) and
vegetation dominance (dominant, common and
occasional). Wetland determinations are required to be
verified by the South Florida Water Management District or
Florida Department of Environmental Protection, prior to
submission to the County
ii. Determine seasonal and historic high water levels utilizing
lichen lines or other biological indicators. Indicate how the
project design improves/affects predevelopment
hydroperiods. Provide a narrative addressing the
anticipated control elevation(s) for the site.
iii. Indicate the proposed percent of defined wetlands to be
impacted and the effects of proposed impacts on the
functions of these wetlands. Provide an exhibit showing
the location of wetlands to be impacted and those to be
preserved on-site. Describe how impacts to wetlands have
been minimized.
iv. Indicate how the project design compensates for wetland
impacts pursuant to the Policies and Objectives in Goal 6
of the Conservation and Coastal Management Element of
the Growth Management Plan. For sites in the RFMU
district and that portion of the Wetlands Connected to the
Lake Trafford/Camp Keais Strand Svstem contained within
227
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB.doc
Text underlined is new text to be added.
Text strikethrQl.lgh is sl.lrrent tela te be selates.
Bold text indicates a defined term
the Immokalee Urban Desiqnated Area. as identified on
the Immokalee Future Land Use Map, provide an
assessment, based on the South Florida Water
Management District's Uniform Mitigation Assessment
Method, that has been accepted by either the South
Florida Water Management District or the Florida
Department of Environmental Protection. For sites outside
the RFMU district, and where higher quality wetlands
(wetlands havinq functionality scores of at least 0.65
WRAP or 07 UMAM) are being retained suspected of
occurrinq on-site, provide justification based on the
Uniform Mitigation Assessment Method. Include on the site
plan the location of hiqh quality wetlands and their location
within the proposed development plan.
f. Surface and ground water management.
i. Provide an overall description of the proposed water
management system explaining how it works, the basis of
design, historical drainage flows, off-site flows coming in to
the system and how they will be incorporated in the system
or passed around the system, positive outfall availability,
Wet Season Water Table and Dry Season Water Table,
and how they were determined, and any other pertinent
information pertaining to the control of storm and ground
water.
ii. Provide an analysis of potential water quality impacts of
the project by evaluating water quality loadings expected
from the project (post development conditions considering
the proposed land uses and stormwater management
controls) compared with water quality loadings of the
project area as it exists in its pre-development conditions.
This analysis is required for projects impacting five (5) or
more acres of wetlands. The analysis shall be performed
using methodologies approved by Federal and State water
quality agencies and must demonstrate no increase in
nutrient. biochemical oxyqen demand. total suspended
solids. lead. zinc and copper loadinqs in the post
development scenario.
iii. Identify any Wellfield Risk Management Special Treatment
Overlay Zones (WRM-ST) within the project area and
provide an analysis for how the project design avoids the
most intensive land uses within the most sensitive WRM-
STs.
iv Demonstrate that the desiqn of the proposed stormwater
manaqement system and analysis of water quality and
quantity impacts fully incorporate the requirements of the
228
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB.doc
Text underlined is new text to be added
Text stnl~atRrelJ€lR is Gl;maRt text te be deletes.
Bold text indicates a defined term
Interim Watershed Manaqement requlations of Section
3.07.00.
v. Demonstrate that preserves will not be adversely affected
by the proposed stormwater desiqn. and when treated
stormwater is allowed to be directed into preserves.
provide calculations showinq that the preserves will not be
adversely affected
g. Listed or protected_species.
i. Provide a plant and animal species survey to include at a
minimum, listed or protected species known to inhabit
biological communities similar to those existing on-site,
and conducted in accordance with the guidelines of the
Florida Fish and Wildlife Conservation Commission and
the U.S. Fish and Wildlife Service. State actual survey
times and dates, and provide a map showing the
location(s) of species of special status identified on-site.
ii. Identify all listed or protected species that are known to
inhabit biological communities similar to those existing on
the site or that have been directly observed on the site.
iii. Indicate how the project design minimizes impacts to
species of special status. Describe the measures that are
proposed as mitigation for impacts to listed species.
iv. Provide habitat management plans for each of the listed
species known to occur on the property. For sites with bald
eagle nests and/or nest protection zones, bald eagle
management plans are required, copies of which shall be
included as exhibits attached to the PUD documents,
where applicable.
v. Where applicable, include correspondence received from
the Florida Fish and Wildlife Conservation Commission
(FFWCC) and the U.S. Fish and Wildlife Service
(USFWS), with regards to the project. Explain how the
concerns of these agencies have been met.
h. Other.
i. For multi-slip docking facilities with ten slips or more, and
for all marina facilities, show how the project is consistent
with the marina Siting and other criteria in the Manatee
Protection Plan. ii. Include the results of any envirenmental
assossments and/or audits of the I3rOl3erty. If al3plicatJle,
provide a narrative of the cost and moasures neoded to
clean up the site
229
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB,doc
Text underlined is new text to be added.
Text E:trikethrel:l~1:1 is Gl;JrrsAt text te be deleted.
Bold text indicates a defined term
II. Include the results of any enyironmental assessments
and/or audits of the property. If applicable. proyide a
narratiye of the cost and measures needed to clean UP the
site.
iii. For sites located in the Big Cypress Area of Critical State
Concern-Special Treatment (ACSC-ST) oyerlay district,
show how the project is consistent with the development
standards and regulations established for the ACSC-ST.
iY. Soil samfJling and/or ground water analysis monitoring
refJorts and fJrogmms shall be required for sites that
occupy elG farm fields, elG golf courses, landfill or
iunkyards or for which there is a reasonable basis for
believing that there has been previous contamination on
site. The amount of samfJling nnd testing number of
samples required shall be determined by IRe
En'/ironmental Servicos stnn nlong with the Pollution
Control Depnrtment and the Florida Depnrtment of
Environmentnl Protection a reQistered professional with
experience in the field of Environmental Site Assessment.
The analysis shall at a minimum test for orQanochlorine
pesticides (U.S. EnYironmental Protection AQency (EPA)
8081) and 8 RCRA 8 metals usinQ Florida Department of
Environmental Protection (FDEP) soil samplinq Standard
Operatinq Procedure (SOP) FS 3000. in areas suspected
of beinQ used for mixinq and at discharQe point of water
manaQement system. SamplinQ should occur randomly if
no points of contamination are suspected. Include a
backqround soil analysis from an undeveloped location
hydraulically uPQradient of the suspected contaminated
site especially when evaluatinq arsenic since it is a
naturally occurrinQ soil constituent. Soil samplinq should
occur just below the root zone about 6 to 12 inches below
Qround surface or as otherwise aqreed upon with the
reqistered professional with experience in the field of
Environmental Site Assessment. For sites where
contamination is found. provide an analysis of the cost and
measures needed to clean UP the site or encapsulate the
contamination to meet applicable FDEP standards.
Churches and community facilities shall be exempt from
this requirement. If this analysis has been done as part of
an Environmental Audit then the report shall be submitted.
v Provide documentation from the Florida Master Site File,
Florida Department of State and any printed historic
archaeological surveys that have been conducted on the
project area Locate any known historic or archaeological
sites and their relationships to the proposed project
230
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB,doc
Text underlined is new text to be added.
+ext;.stril,ett:lrelJ€lA is GlJrreRt text te Be selates,
Bold text indicates a defined term
design. Demonstrate how the project design preserves the
historic/archaeological integrity of the site
vi. Provide an analysis demonstrating that the project will
remain fully functional for its intended use after a six-inch
rise in sea level as required by the Growth Management
Plan.
62. Additional data. The County Manager or his designee may require
additional data or information necessary in order to make a thorough and
complete evaluation of the EIS and project.
aI. Relation between EIS and development of regional impact (DRI). In any
instance where the proposed project requires both an EIS and a DRI,
their data may be embodied in one report provided such report includes
all the required information on both the ElS and DRI.
7~. Exemptions.
a. The ElS exemption shall net apply to any parcel 'h'ith a ST er
,^,CSC ST overlay, unless otherwise exemplod by sectien 4.02.14
H (exceptions) or 402.14.1. (exemptions), of this Code.
b. Sin€jle family or duplex uses. Also, single family or duplex use
on a sin€jle let or parcel.
c Agricultural uses. .~gricultural uses that fall within lhe scope of
seclions 163.J214(4) or 823.14(6), Florida Statutes, pro'/ided that
the subject property will not be con'terted to a nona€jricultural use
~ or considered for any type of rezenin€j petitien for a period of
p,.,'enty five years after the agricultural uses commence and
provided that the subjoct property does net fall within an ACSC or
ST zonin€j o'lerlay.
a. Aqricultural uses that fall within the scope of sections 163.3214(4)
or 823.14(6), Florida Statutes. provided that the subiect property
will not be converted to a nonaqricultural use or considered for
any type of rezoninq petition for a period of twenty-five years after
the aqricultural uses commence and provided that the subiect
property does not fall within an ACSC or ST zoninq overlay. This
does not obviate the applicant from provinq all other
environmental data required per 10.02.02.A.2.
db. Non sensiti'le aroas. Any area or parcel of land which is not. in
the opinion of the County Manaqer or his desiqnee, an area of
environmental sensitivity. subiect to the criteria set forth below,
provided that the subiect property does not fall within an ACSC or
ST zoninq overlay:
i. The subject property has already been altered throu€jh
231
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB.doc
Text underlined is new text to be added.
T-6*t strilH3tl1rel::igt-l is Gblrrent text te be deleted.
Bold text indicates a defined term
past usaiile, prior to the adoption of this Code, in such a
manner that the proposed use will not further deiilraae the
onvironmental quality ef the site or the surrounainiil areas
which miiilht be affectea by the proposea use.
iij
The major flora and fauna features have been altered or
removed to such an extent as to preclude their reasonable
regeneration or useful ecological purpose. An example
would be in the case of an industrial park or a commercial
development where most of the flora and fauna were
removed prior to the passage of this Code.
III.
The surface and/or natural drainaiile or rechariile capacity
of the project site has been pavea or channeled. or
otherwise altered or improved prior to the adoption of this
Code, and will not be further deiilraaed as a result of the
proposed use or aevelepment.
i"
..
The use ana/or development of the subject property will
definitely improve and correct ecoloiilical deficiencies which
resultea from UEO and/or de\'elopment which took place
prior to the passaiile of this Coae. An example would be
where the developer proposes to reforest the area, proviae
aaaitional open spaGe, replace natural arainaiile for
channeled drainage, ana/or reauce density.
w.
The use or de':elopment will utilize (l)(istiniil buildings and
structures and will not require any major alteration or
modification of the eJ(istiniil lana forms, arainaiile, or flora
and fauna elements of the property.
ii
The use or development will occur within previously
disturbed areas There shall be no impact to listed species
or more than 1,000 square feet of impact to native
veqetation or natural areas.
iii.
Redevelopment of a site where the previous preserves do
not meet the minimum criteria of the current Code or
GMP's, for example where the preserve was a strip of
native veqetation or landscapinq less than 40 feet in width.
e. All lands Iyiniil 1flithin all incorporated municipalities in Collier
County.
f All ~H;lMO Roceiviniil Lanas.
iil. Siniil1e family lots in accoraance with section 3.0401 C.1
I'll<. A conventional rezone with no site plan or proposed development
plan. This exemption does not apply to lands that include any of
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB.doc
232
Text underlined is new text to be added.
~stril~8tArebl~A is st.meAt tellt te be aeletes.
Bold text indicates a defined term
the following zoning, overlays or critical habitats: Conservation
(CON), Special Treatment (ST), Area of Critical State Concern
(ACSC), Natural Resource Protection Areas (NRPA's), Rural
Fringe Mixed Use (RFMU) Sending Lands, Xeric Scrub, Dune and
Strand, Hardwood Hammocks, or any land occupied by listed
species or defined by an appropriate State or Federal agency to
be critical foraging habitat for listed species.
d. Developed sites. Proposed impacts are within the boundaries of
developed areas, with no more than 1.000 square feet of native
veaetation required to be cleared.
8~. Fees. In order to implement, maintain and enforce this Code, the cost
upon submission of the environmental impact statement shall be as
established by resolution. Until this fee has been paid in full no action of
any type shall be taken.
910. Appeals.
a. Any person aggrieved by the decision of the County Manager or
his designee regarding EIS procedures or submittals (i.e. - this
section of the Code) may file a written request for appeal, not later
than ten days after said decision, with the EAC or their successor
organization.
b. The EAC will notify the aggrieved person and the County Manager
or his designee of the date, time and place that such appeal shall
be heard; such notification will be given 21 days prior to the
hearing unless all parties waive this requirement.
c. The appeal will be heard by the EAC within 60 days of the
submission of the appeal.
d. Ten days prior to the hearing the aggrieved person shall submit to
the EAC and to the County Manager or his designee copies of the
data and information he intends to use in his appeal.
e. Upon conclusion of the hearing the EAC will submit to the BCC
their facts, findings and recommendations.
f. The BCC, in regular session, will make the final decision to affirm,
overrule or modify the decision of the County Manager or his
designee in light of the recommendations of the EAC.
.
.
.
.
.
.
.
.
.
.
.
.
233
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB.doc
Text underlined is new text to be added.
Text e:triketRFsl.l€lh is SldrFeRt text te se e1eletea.
Bold text indicates a defined term
This page intentionally left blank.
234
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (061808) SL BB_doc
Text underlined is new text to be added
Text E:tnkett:lfebl€lt:l is GblrFBRt telft te se aelates.
Bold text indicates a defined term
LDC Amendment Request
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Barbara Burgeson, Manager, Environmental Services
DEPARTMENT: Engineering and Environmental Services
AMENDMENT CYCLE # OR DATE: Cycle 1,2008
LDC PAGE: LDC 3:39
LDC SECTION: Section 3.05.07 Preservation Standards
CHANGE: Add criteria to allow for treated storrnwater within wetland or hydric
preserve areas when the additional stormwater will either benefit the preserve or will
have no negative impact on the native vegetation or listed species in the preserve or to the
uplands or listed species within or adjacent to the preserve.
REASON: There are times when it is appropriate for storrnwater to be directed into
preserves and this amendment defines those times.
FISCAL & OPERATIONAL IMPACTS: This will reduce the time staff spends on
requests of this type since there will be criteria to utilize. Restrictions on the types of
preserves which can be used for storm water management may have a financial affect on
applicants who want to maximize development of their site.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR-based
GMP amendments to CCME Policy 6.1.1 (5) (b).
OTHER NOTESNERSION DATE: This version dated April 29, 2008. Amended June
18, 2008, July 22, 2008
Amend the LDC as follows:
3,05.07 Preservation Standards.
.
.
.
.
.
.
.
.
.
.
.
.
H. Preserve standards
1. Design standards.
.
.
.
.
.
.
.
.
.
.
.
.
h. (See Recreational Uses in Preserves amendment)
199
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 H 1 h ii - Stormwater Uses in preserves (072208)
BB.doc
Text underlined is new text to be added.
+eM-&triketArabl~A is surreAt text ta se aeleted.
Bold text indicates a defined term
ii Stormwater subiect to the followinq criteria.
a) Storm water discharqes enterinq the
preserve must be treated to meet the water
quality yolumetric requirements of Section
5.2.1(a) of the Basis of Review For
Environmental Resource Permit
Applications Within the South Florida Water
Manaaement District, (SFWMD February
2006) and meet the requirements of the
Interim Watershed Manaqement requlations
of Section 3.0700 Discharqe of stormwater
into a preserve shall be in a controlled
manner to preyent erosion, scour, and to
promote even distribution.
b) Stormwater may be discharqed into portions
of preserves that are comprised of
iurisdictional wetlands. uplands comprised
solely of hydric soils. uplands that serve as
buffers around the wetland. in accordance
with the approyed SFWMD Enyironmental
Resource Permit (ERP). or a combination
thereof. The hydric nature of the soils must
be field yerified by an environmental
professional usinq the methodoloqy in
Chapter 62-340, FAC.
c) Where preserves include non-hydric soils
and uplands. stormwater may be
discharqed to the preserves provided the
followinq are met:
i) No listed species are present;
ii) The upland portion of the preserve
area is a mesic type environment
which (1) does not contain xeric
oaks, includinq myrtle oak. live oak
and sand live oak. with scattered
patches of mostly bare white sand
and a verv scattered overstory of
slash pine. or (2) a closed canopy
forest of xeric oaks. includinq myrtle
oak. live oak, and sand live oak. with
a scattered overstorv of slash pine
or sand pine and little qroundcover:
iii)
Demonstration that the
portion of the preserve
upland
is not
200
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 H 1 h ii - Stormwater Uses in preserves (072208)
B6.doc
Text underlined is new text to be added.
Telet stri!~etArebl~A is GblrFBAt te)~ te ee~
Bold text indicates a defined term
inundated for more than 10 days
durinq a reference wet season. For
the purpose of this subsection. the
reference wet season is May 1996
throuqh October 1996. In this
context. inundation means water
levels at or above the averaqe
qround surface of the preserve.
d) Stormwater may be discharqed in wetland
portions of preserves with listed species. but
shall have no neqative impact on those
listed species.
e) When stormwater discharqes are allowed in
preserves. the associated stormwater
facilities such as berms. swales. or outfall
structures. may be located within the
preserve. but the area of such facilities can
not count towards the native veqetation
preservation requirement pursuant to
Section 3.0507. These facilities are not
subiect to setback requirements as found in
sub-section 3.05.07.H.3 These facilities
must be placed in a drainaqe easement
f) Where stormwater discharqes are allowed
in a preserve. the Preserve Manaqement
Plan as required in sub-section
3.05.07.H.1.q must address potential
maintenance problems and shall also
provide for a monitorinq proqram.
Compatible veqetation must be planted to
replace any veqetation that may be lost over
time in the preserve.
q) Storm water shall be allowed in upland
preserves in the RLSA - WRA areas in
accordance with Section 4.08.00 Rural
Lands Stewardship Area Overlay District
standards and Procedures.
h) A property owner may request deviations
from the above requlations. 3.05.07.H 1.h.ii.
Staff shall review the plans and proposed
deviations to ensure wetlands in the
preserve will receive a benefit and uplands
in the preserve will receive no adverse
impact from the deviations beinq proposed.
The process for qrantinq deviations shall
201
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 H 1 h ii - Stormwater Uses in preserves (072208)
BB.doc
Text underlined is new text to be added.
+~ E:trikethrsl:l€l1=l iE: ~l:meAt text te be deleted.
Bold text indicates a defined term
follow the procedure as set forth in the
Appeal Section (8.06.10) for the EAC, and
shall be heard at a public hearinq of the
EAC.
202
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 H 1 h ii - Stormwater Uses in preserves (072208)
BB.doc
Text underlined is new text to be added,
Text striltetRrelJQR is GI;.JrFeRt tellt t8 be aeleteEl.
Bold text indicates a defined term
LDC Amendment Request
ORIGIN: Community Development and Environmental Services Division
AUTHOR: Barbara Burgeson, Manager, Environmental Services
DEPARTMENT: Engineering and Environmental Services
AMENDMENT CYCLE # OR DATE: Cycle 1,2008
LDC PAGE: LDC 3:39
LDC SECTION: Section 3.05.07 Preservation Standards
CHANGE: Add criteria to allow for treated storm water within wetland or hydric
preserve areas when the additional stormwater will either benefit the preserve or will
have no negative impact on the native vegetation or listed species in the preserve or to the
uplands or listed species within or adjacent to the preserve.
REASON: There are times when it is appropriate for stormwater to be directed into
preserves and this amendment defines those times.
FISCAL & OPERATIONAL IMPACTS: This will reduce the time staff spends on
requests of this type since there will be criteria to utilize. Restrictions on the types of
preserves which can be used for storm water management may have a financial affect on
applicants who want to maximize development of their site.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR-based
GMP amendments to CCME Policy 6.1.1 (5) (b).
OTHER NOTESNERSION DATE: This version dated April 29, 2008. Amended June
18, 2008, July 22, 2008
Amend the LDC as follows:
3.05.07 Preservation Standards.
.
.
.
.
.
.
.
.
.
.
.
.
H. Preserve standards
1. Design standards.
.
.
.
.
.
.
.
.
.
.
.
.
h. (See Recreational Uses in Preserves amendment)
199
C:\Temporary Internet Files\ContentOutlook\M2XOPTYF\3 05 07 H 1 h ii - Stormwater Uses in preserves (072208)
BB.doc
Text underlined is new text to be added.
::r~t 6triketArGbI~t:l is Gurrent text te be deleted.
Bold text indicates a defined term
ii Stormwater subiect to the followinq criteria.
a) Stormwater discharqes enterinq the
preserve must be treated to meet the water
quality volumetric requirements of Section
5.2.1 (a) of the Basis of Review For
Environmental Resource Permit
Applications Within the South Florida Water
Manaaement District, (SFWMD Februarv
2006) and meet the requirements of the
Interim Watershed Manaqement requlations
of Section 3.07.00. Discharqe of stormwater
into a preserve shall be in a controlled
manner to prevent erosion scour. and to
promote even distribution.
b) Stormwater may be discharqed into portions
of preserves that are comprised of
iurisdictional wetlands. uplands comprised
solely of hydric soils. uplands that serve as
buffers around the wetland, in accordance
with the approved SFWMD Environmental
Resource Permit (ERP). or a combination
thereof. The hydric nature of the soils must
be field verified by an environmental
professional uslnq the methodoloqy in
Chapter 62-340, FAC.
c) Where preserves include non-hydric soils
and uplands. stormwater may be
discharqed to the preserves provided the
followinq are met:
I) No listed species are present:
ii) The upland portion of the preserve
area Is a mesic type environment
which (1) does not contain xeric
oaks, includinq myrtle oak. live oak
and sand live oak. with scattered
patches of mostly bare white sand
and a very scattered overstorv of
slash pine. or (2) a closed canopy
forest of xeric oaks. includlnq myrtle
oak. live oak, and sand live oak. with
a scattered overstory of slash pine
or sand pine and little qroundcover:
iii)
Demonstration that the
portion of the preserve
upland
is not
200
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 H 1 h ii - Stormwater Uses in preserves (072208)
BB.doc
Text underlined is new text to be added
::r-eJrt--stril~etArel;J~h is Gl;JrreRt tent te l;Je aeleteEl.
Bold text indicates a defined term
inundated for more than 10 davs
durinq a reference wet season. For
the purpose of this subsection. the
reference wet season is Mav 1996
throuqh October 1996. In this
context, inundation means water
levels at or above the aVeraqe
qround surface of the preserve.
d) Stormwater mav be discharqed in wetland
portions of preserves with listed species. but
shall have no neqative impact on those
listed species.
e) When stormwater discharqes are allowed in
preserves, the associated stormwater
facilities such as berms. swales. or outfall
structures. mav be located within the
preserve. but the area of such facilities can
not count towards the native veqetation
preservation requirement pursuant to
Section 3.05.07. These facilities are not
subiect to setback requirements as found in
sub-section 3.0507.H3. These facilities
must be placed in a drainaqe easement.
f) Where stormwater discharqes are allowed
in a preserve, the Preserve Manaqement
Plan as required in sub-section
3.05.07.H 1.q must address potential
maintenance problems and shall also
provide for a monitorinq proqram.
Compatible veqetation must be planted to
replace anv veqetation that mav be lost over
time in the preserve.
q) Stormwater shall be allowed in upland
preserves in the RLSA - WRA areas in
accordance with Section 4.08.00 Rural
Lands Stewardship Area Overlav District
standards and Procedures.
h) A propertv owner mav request deviations
from the above requlations, 3.05.07.H.1.h.ii.
Staff shall review the plans and proposed
deviations to ensure wetlands in the
preserve will receive a benefit and uplands
in the preserve will receive no adverse
impact from the deviations beinq proposed.
The process for qrantinq deviations shall
201
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 H 1 h ii - Stormwater Uses in preserves (072208)
BS.doc
Text underlined is new text to be added.
Text striketRrel:lQR is GI::lHBFlt te}:t te S9 G1eletea.-
Bold text indicates a defined term
follow the procedure as set forth in the
Appeal Section (8.06.10) for the EAC. and
shall be heard at a public hearinq of the
EAC.
202
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 H 1 h ii - Stormwater Uses in preserves (072208)
BB.doc
Text underlined is new text to be added.
Text Etnket~rG~9A iE G~rreRt text te be deleted.
Bold text indicates a defined term
LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
Susan Mason, Principal Environmental Specialist
DEPARTMENT: Engineering and Environmental Services Department
AMENDMENT CYCLE: 2008, Cycle 1
LDC PAGE: LDC4: 196 and LDC4:200
LDC SECTION(S): 4.08.07 SRA Designation
CHANGE/ REASON: Correct incorrect citations.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTES/VERSION DATE: Created April 2, 2008
Amend the LDC as follows:
4.08.07 SRA Designation
*
*
*
*
*
*
*
*
*
*
*
*
J. Design Criteria. Criteria are hereby established to guide the design and
development of SRAs to include innovative planning and development strategies
as set forth in SS 163.3177 (11), F.S. and Chapter 9J-5.006(5)(1), FAC.. The
size and base density of each form of SRA shall be consistent with the
standards set forth below. The maximum base residential density as specified
herein for each form of SRA may only be exceeded through the density blending
process as set forth in density and intensity blending provision of the lmmokalee
Area Master Plan or through the affordable housing density Bonus as referenced
in the density Rating System of the FLUE. The base residential density is
calculated by dividing the total number of residential units in an SRA by the
acreage therein that is entitled through Stewardship Credits. The base
1
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\4 08 07 SRA Designation {040208) SL.doc
Text underlined is new text to be added
Text striketl=lra1:lQR it SllrreAt text te be seletas.
Bold text indicates a defined term
residential density does not restrict net residential density of parcels within an
SRA. The location, size and density of each SRA will be determined on an
individual basis, subject to the regulations below, during the SRA designation
review and approval process.
* * * * * * * * * * * *
.
.
Design Criteria Common to SRAs.
* * * * * *
.
.
.
.
6.
e.
Where a WRA is incorporated into the stormwater system of an
SRA, the provisions of Section 1.08.01 /\.1.b subsection 4.08.06
AA.b. apply.
* * * * * * * * *
.
.
.
K. SRA Public Facilities Impact Assessments. Impact assessments are intended to
identify methods to be utilized to meet the SRA generated impacts on public
facilities and to evaluate the self-sufficiency of the proposed SRA with respect to
these public facilities. Information provided within these assessments may also
indicate the degree to which the SRA is consistent with the fiscal neutrality
requirements of Section 4.08.07 L. Impact assessments shall be prepared in the
following infrastructure areas:
* * * * * * * * * * * *
6.
Stormwater Management. A stormwater management impact
assessment shall be prepared by the applicant as a component of an
Impact Assessment Report that is submitted as a part of an SRA
Designation Application Package. The storm water management impact
assessment shall, at a minimum, provide the following information:
* * * * * * * * * *
.
.
b. A narrative component to the report including the following
information:
.
.
.
.
.
.
.
.
.
.
.
.
(5) If a WRA has been incorporated into the stormwater
management system of an SRA, the report shall
demonstrate compliance with provisions of Section 1.08.01
A-4-&- subsection 4.0806 A.4.b
2
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\4 08 07 SRA Designation (040208) SL.doc
Text underlined is new text to be added.
text &trikethrebl~h i& E:iblrrsFlt text te se aelated.
Bold text indicates a defined term
LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
Barbara Burgeson, Manager, Environmental Services
DEPARTMENT:
Engineering and Environmental Services Department
AMENDMENT CYCLE: 2008 Cycle 1
LDC PAGE: LDCIO:6 - LDClO:14
LDC SECTlON(S): 10.02.02 Submittal Requirements for All Applications
CHANGE: Revise the Environmental Impact Statements (EIS) sub-section of the LDC
to implement the EAR-based GMP amendment to Policy 6.1.8 of the Conservation and
Coastal Management Element (CCME).
Include requirement to provide a pre and post development water analysis to demonstrate
no inerease in lead, zinc, copper loadings in post development scenario. Required as part
of the EAR-based GMP amendments to the Conservation and Coastal Management
Element (CCME).
REASON: Changes to the EIS sub-section are required as part of the EAR-based
GMP amendment to CCME Policies 6.1.8 and 2.3.6 (b).
Policy 6.1.8 states the following:
"An Environmental Impact Statement (EIS), or submittal of appropriate environmental
data as specified in the County's land development regulations, is required, to provide a
method to objectively evaluate the impact of a proposed development, site alteration, or
project upon the resources and environmental quality of the project area and the
community and to insure that planning and zoning decisions are made with a complete
understanding of the impact of such decisions upon the environment, to encourage
projects and developments that will protect, conserve and enhancc, but not degrade, the
environmental quality and resources of the particular project or development site, the
general area and the greater community. The County's land development regulations
shall establish the criteria for determining the type of proposed development requiring an
EIS, including the size and nature of the proposed development, the location of the
proposed development in relation to existing environmental characteristics, the degree of
site alterations, and other pertinent information."
217
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (080508) SL BB.doc
Text underlined is new text to be added.
Text striketRrsugR is Cl:lrraRt text te be gelates.
Bold text indicates a defined term
Policy 2.3.6 (b) states the following:
"Excluding single family homes, any project impacting 5 acres or more of wetlands must
provide a pre and post development water quality analysis to demonstrate no increase in
nutrient, biochemical oxygen demand, total suspended solids, lead, zinc and copper
loading in the post development scenario."
FISCAL & OPERATIONAL IMPACTS: Changing the thresholds when an EIS is
required will save time and expense on the part of staff and the applicant on projects
which otherwise would have been required to submit an EIS.
RELATED CODES OR REGULATIONS: 8.06.00 Environmental Advisory Council
(LDC amendment to this section also included with this amendment cycle)
GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR-based
GMP amendments to CCME Policies 6.1.8 and 2.3.6 (b).
OTHER NOTESNERSION DATE: Created April 18, 2008. Amended June 18,2008,
August 5, 2008
Amend the LDC as follows:
10.02.02 Submittal Requirements for All Applications
A. Environmental impact statements and other environmental requirements
1 . Purpose.
a. The purpose of this section is to provide a method to objectively
evaluate the impact of a proposed development, site alteration, or
project upon the resources and environmental quality of the
project area and the community and to insure that planning and
zoning decisions are made with a complete understanding of the
impact of such decisions upon the environment, to encourage
projects and developments that will:
I. Protect, conserve and enhance, but not degrade, the
environmental quality and resources of the particular
project or development site, the general area and the
greater community.
ii. Minimize the future reduction in property values likely to
result, or be caused by improperly designed and executed
projects and developments.
iil. Reduce the necessity for expenditure of public funds in the
future for rehabilitating the environmental quality of areas
218
C:ITemporary Internet FileslContent.OutlooklM2XOPTYFl1 00202 A EIS Thresholds (080508) SL BB.doc
Text underlined is new text to be added.
:r~striltetRrQf.l€Jh is mmeAt text ts be deleted,
Bold text indicates a defined term
of environmental sensitivity.
iv. Evaluate the potential environmental impacts of past or
current site uses (ie farminq chemical. petroleum products.
soil contamination).
b. Further, it is the purpose of this section to attain the widest range
of beneficial uses of the environment without degradation of
environmental advantages and risk to public health, safety,
welfare and other undesirable consequences.
c It is also the purpose of this section to optimize a balance
between population and resource use to permit high standards of
living and a wide sharing of resources and amenities among all
citizens and residents of and visitors to Collier County during the
present and for future generations.
2. Environmental information
The followina information is reauired for all development orders (buildinq
permit, conditional use, zoninq chanqe, subdivision or condominium plat
or unplatted subdivision approval or other countv permit or approval) with
a proposed site plan or development plan. Unless otherwise reauired by
Code. sinqle-family or duplex uses. and properties located within NBMO
Receivina Lands. are not reauired to submit this information.
a. Wetlands
I. Where wetlands are suspected of occurrinq on site,
wetland determinations verified by the South Florida Water
Manaaement District or Florida Department of
Environmental Protection shall be reauired. Include on the
site plan the location of all Collier County iurisdictional
wetlands. Where native veaetation occurs on site, identify
the location of all Collier County iurisdictional wetlands
accordinq to the Florida Land Use Cover and Forms
Classification System (FLUCFCS).
II. For sites in the RFMU district and that portion of the
Wetlands Connected to the Lake Trafford/Camp Keais
Strand System contained within the lmmokalee Urban
Desianated Area. as identified on the Immokalee Future
Land Use Map. provide a wetland assessment based on
the South Florida Water Manaaement District's Uniform
Mitiqation Assessment Method (UMAM) or Wetland Rapid
Assessment Procedures (WRAP) that has been accepted
by either the South Florida Water Manaaement District or
the Florida Department of Environmental Protection. For
sites outside the RFMU district. and where hiah auality
wetlands (wetlands havinq functionality scores of at least
219
C:\Temporary Internet Files\Content.Outtook\M2XOPTYF\10 02 02 A EIS Thresholds (080508) SL BB,doc
Text underlined is new text to be added.
T-e*t EtriketArelolgjA ig GblrFeRt text te be E1eletea
Bold text indicates a defined term
065 WRAP or 0.7 UMAM) are suspected of occurrinq on
site. provide an assessment based on the UMAM or
WRAP. Include on the site plan the location of hiqh Qualitv
wetlands and their location within the proposed
development plan
iii. Site Development Plans or construction plans with impacts
to five (5) or more acres of wetlands shall provide an
analvsis of potential water Quality impacts of the proiect by
evaluatinQ water Quality loadinqs expected from the proiect
(post development conditions considerinQ the proposed
land uses and stormwater manaQement controls)
compared with water Quality loadinQs of the project area as
it exists in its pre-development conditions The analysis
shall be performed usinQ methodoloqies approved by
Federal and State water Quality aqencies. and must
demonstrate no increase in nutrient. biochemical OXYQen
demand. total suspended solids, lead. zinc and copper
loadinQs in the post development scenario.
b. Listed or protected Species
i. A wildlife survey shall be required for all parcels when
listed or protected species are known to inhabit bioloqical
communities similar to those existinQ on site or where
listed species are directly observed on site. The survey
shall be conducted in accordance with the Quidelines of
the Florida Fish and Wildlife Conservation Commission
(FFWCC) and the U.S. Fish and Wildlife Service
(USFWS). Actual survey times. dates. transect map, and
map showinq the locations of listed species identified on-
site shall be provided. The recommended Survey times
may be reduced for small isolated parcels or where the
likelihood of listed or protected species is low. as
determined by the County ManaQer or desiQnee
Additional survey time may be required if listed species are
discovered on these parcels.
ii. Wildlife habitat manaQement and monltorinQ plans for
listed or protected species shall be required for all proiects
where the wildlife survey indicates listed or protected
species are utilizinq the site. or the site contains potential
habitat for listed or protected species. These plans shall
describe how the proiect directs incompatible land uses
away from listed or protected species and their habitats.
Wildlife manaQement and monitorinQ plans shall be
included on approved Site Development Plans and
construction plans For sites with bald eaQle nests and/or
nest protection zones, bald eaQle manaqement plans are
required. copies of which shall also be included as exhibits
220
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (080508) SL BB.doc
Text underlined is new text to be added.
Text e:trikettlrsl;l9R is Gl;lrreRt text tEl be aalatad.
Bold text indicates a defined term
attached to the PUD document.
c. Native veqetation preservation
i For sites which are currently clear of any native yeqetation
or in aqricultural operation (in accordance with the Riqht to
Farm Act). provide documentation that the parcel(s) were
issued a permit to be cleared and are in compliance with
the 25 year rezone limitation pursuant to section 10.02.06
and Conservation and Coastal Manaqement Element GMP
Policy 6.1.5. For sites issued a permit to be cleared prior to
July 2003. provide documentation that the parcells) are in
compliance with the 10 year rezone limitation previously
identified in the GMP. Criteria to determine the leqality and
criteria for the c1earinq are found in Sections 10.02.06 and
3.0505
ii Identify on a current aerial the acreaqes, locations and
community types of all upland and wetland habitats on the
project site. accordinq to the Florida land Use Cover and
Forms Classification System (FlUCFCS). Include on the
aerial a leqend for each of the FlUCFCS Codes identified
on site and provide on the site plan, calculations for the
acreaqes of natiye veqetation types required to be
preserved on-site. Aerials and overlay information must be
leqible at the scale provided. For parcels with 1000 square
feet or less of natiye veqetation. a FlUCFCS map is not
required
iii Superimpose on the development plan the location of all
habitats and their boundaries, consistent with the Florida
Department of Transportation, Florida land Use Cover
and Forms Classification System (FlUCFCS) Include on
the development plan a leqend for each of the FlUCFCS
Codes identified on site.
iY. For properties in the RlSA or RFMU districts, include on
the site plan the location of the land use desiqnations and
overlays as identified in the Growth Manaqement Plan.
v. Show on the site plan how preserves on-site aliqn with
preserves. qovernment owned or tarqeted lands for
preservation purposes. flowwavs. potential wildlife
corridors and undeyeloped land on adioininq and
neiqhborinq properties. Include on the plan locations of
proposed and existinq development. roads, and areas for
stormwater retention.
vi Provide soils and topoqraphic maps with qround elevations
within each of FlUCFCS codes identified on site.
221
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A E1S Thresholds (080508) SL BB_doc
Text underlined is new text to be added.
Text striketl=lreugR-t&-Gl::lrreRt text te be aelates.
Bold text indicates a defined term
Determine seasonal hiqh water levels utilizinq lichen lines
or other bioloqical indicators and include on the site plan,
the control elevation(s) for the stormwater treatment areas.
Usinq the data required above, demonstrate how the
proiect desiqn affects/improves predevelopment
hydroperiods within the preserves
vii. For offsite native veqetation preservation retention.
demonstrate that the criteria in section 3.05.07 have been
met
d. General information
i. For multi-slip dockinq facilities with ten slips or more, and
for all marina facilities. show how the proiect is consistent
with the Marina Sitinq criteria in the Manatee Protection
Plan. This information must be included on the Site
Development Plan or construction plans for the proiect
Development must demonstrate compliance with site
specific requirements of the Manatee Protection Plan.
where applicable.
ii. For sites with known environmental contamination, provide
the results of any environmental assessments and/or
audits of the property. alonq with a narrative of the cost
and measures needed to clean UP the site.
iii. Include on the site plan the location of any Special
Treatment (ST) overlays. For sites located in the Biq
Cypress Area of Critical State Concern-Special Treatment
(ACSC-ST) overlay district. show how the proiect is
consistent with the development standards and requlations
established for the ACSC-ST.
iv. Identify any Wellfield Risk Manaqement Special Treatment
Overlay Zones (WRM-ST) within the project area and
provide an analysis for how the proiect desiqn avoids the
most intensive land uses within the most sensitive WRM-
STs. Include the location of the Wellfield Risk
Manaqement Special Treatment Overlay Zones on the
development plan.
v. Soil and/or qround water samplinq shall be required for
sites that OCCUpy farm fields. qolf courses. landfill or
iunkyards or for which there is a reasonable basis for
believinq that there has been previous contamination on
site. The amount of samplinq and testinq shall be
determined by a reqistered professional with experience in
the field of Environmental Site Assessment and shall at a
minimum test for orqanochlorine pesticides (US
222
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (080508) SL BB.doc
Text underlined is new text to be added.
Text stril~etRrQf.lQh is GlJrrSRt text ts ba aaletea.
Bold text indicates a defined term
Environmental Protection AQencv (EPA) 8081} and
Resource Conservation and Recoverv Act (RCRA) 8
metals usinQ Florida Department of Environmental
Protection (FDEP) soil samplinQ Standard OperatinQ
Procedure (SOP) FS 3000. in areas suspected of beinQ
used for mixinQ and at discharQe point of water
manaGement svstem. SamplinG should occur random Iv if
no points of contamination are suspected. Include a
backGround soil analysis from an undeveloped location
hydraulically uPQradient of the suspected contaminated
site especially when evaluatinQ arsenic since it is a
naturally occurrinG soil constituent Soil samplinG should
occur iust below the root zone. about 6 to 12 inches below
Qround surface or as otherwise aGreed upon with the
reGistered professional with experience in the field of
Environmental Site Assessment For sites where
contamination is found, provide an analysis of the cost and
measures needed to clean UP the site or encapsulate the
contamination to meet applicable FDEP standards. If this
analysis has been done as part of an Environmental Audit
then the report shall be submitted.
vi. Demonstrate that the desiGn of the proposed stormwater
manaQement System and analysis of water Quality and
Quantity impacts fullv incorporate the requirements of the
Interim Watershed ManaGement reQulations of Section
3.07.00.
vii. Demonstrate that preserves will not be adverse Iv affected
bv the proposed stormwater desiQn, and when treated
stormwater is allowed to be directed into preserves.
provide calculations showinG that the preserves will not be
adversely affected.
viii. Shoreline development proiects must provide an analysis
demonstratinG that the proiect will remain fully functional
for its intended use after a six-inch rise in sea level.
2 ;2. Applicability; environmental impact statement (EIS) required. 'I'/itheut
first obtaining appreval ef an EIS, or Ejualifying for an exemJ3tien pursuant
te seotieR 10.02.02/\.7., as reEjuired by this Cede it shall be unlavlful and
no building permit, Genditional use, zoning Ghan!le, subdivision er
Gondominium J3lat or unplatted subdivision apJ3ro'lal or other county
pormit or aJ3J3roval of or for de\'elopment or site alteration shall be
issued to cause the development of or sito alteration of:
Unless exempted pursuant to sub-section 1 002.02.A. 7. submission of an
EIS shall be required prior to approval of a buildinll permit, conditional
use, zoninQ chanQe. subdivision or condominium plat or unplatted
subdivision approval or other county permit or approval of or for
223
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (080508) SL BB.doc
Text underlined is new text to be added.
Text E:trikethrelJ!ilh is GloJrreFlt te},t te be deletes,
Bold text indicates a defined term
development or site alteration of any of the followinq;
a. Any site with a ST or ACSC-ST overlay. unless otherwise
exempted by section 4.02.14 H (exceptions) or 4.02.14.1
(exemptions). of this Code. The requirement of an EIS shall not
apply to parcels with Wellfield Risk Manaqement Special
Treatment Overlay Zones (WRM-ST). unless otherwise required
by this section.
b. All sites seaward of the coastal management boundary that are
&..b with 20 or more acres of native veqetation on site.
c. All sites land'Nard of the coastal management boundary that are
ten or more acres.
€If. Sites meetinq any of the other applicability criteria herein and
where a prior EIS was prepared and approved for the same area
of land and where the following exist:
I. Greater impacts to the preserve~ areas or a reduction in
the size of the preserves are proposed; or
ii Greater impacts to jurisdictional wetlands or protected or
listed species habitats are proposed; or
iil. New or additional protected or listed species have been
identified on site; or
iv. 1\ pre'/ious Ell> is more than 5 years old The EIS is
inconsistent with the current GMP. CCME; or
v. Location and shape of preservel? areas were not
previously approved.
ego Any other development or site alteration which in the opinion of
the County Manager or his designee, would have substantial
impact upon environmental quality and which is not specifically
exempted in this Code. In determining whether such a project
would have substantial environmental impact the County Manager
or his designee shall base his decision on the terms and
conditions described in this Code and on the project's consistency
with the growth management plan.
f. 'Nhen required by soction 3.01.01 of this Code, plant and animal
species surveys shall be conducted regardless of whether an Ell>
or resubmitted Ell> is required by this soction
d~. Submission and review of ElS. A completed EIS, in written and digital
format, shall be submitted to County Manager or his designee for
approval, denial or approval with modifications. No development or site
224
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (080508) SL BB.doc
Text underlined is new text to be added.
Text striketRrel:lgA ie> EameFlt teHt te be deletes.
Bold text indicates a defined term
alteration will be started without this approval and permits required by
law. Failure to provide full and complete information shall be grounds for
denial of the application. The author(s) preparer(s) of the EIS and of
other environmental reports and data shall provide evidence, by
academic credentials or experience, of his/her expertise in the area of
environmental sciences or natural resource management. Academic
credentials shall be a bachelor's or higher degree in one of the biological
sciences. Experience shall reflect at least three years, two years of which
shall be in the State of Florida, of ecological or biological professional
experience if substituting for academic credentials.
-4 ~. Information required for application of an ElS.
a. Applicant information.
i. Responsible person who wrote the EIS and his/her
education and job related environmental experience.
ii. Owner(s)/agent(s) name, address, phone number & e-mail
address
b. Mapping and support graphics.
i. General location map.
ii. Native habitats and their boundaries identified on an aerial
photograph of the site extending at least 200 feet outside
the parcel boundary. This does not mean the applicant is
required to go on to adjoining properties. Habitat
identification consistent with the Florida Department of
Transportation, Florida Land Use Cover and Forms
Classification System (FLUCFCS) shall be depicted on an
aerial photograph having a scale of one inch equal to at
least 200 feet when available from the County. Other scale
aerials may be used where appropriate for the size of the
project, provided the photograph and overlays are legible
at the scale provided. A legend for each of the FLUCFCS
categories found on-site shall be included on the aerial
III. Topographic map, and existing drainage patterns if
applicable. Where possible, elevations within each of
FLUCFCS categories shall be provided.
iv. Soils map at scale consistent with that used for the Florida
Department of Transportation Florida Land Use Cover and
Forms Classification System determinations.
v. Proposed drainage plan indicating basic flow patterns,
outfall and off-site drainage.
225
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (080508) SL BB,doc
Text underlined is new text to be added
TaXct striketl'lrElbl€l1'l is GI;lrF8Rt text tEl be deletes
Bold text indicates a defined term
vi. Development plan including phasing program. service area
of existing and proposed public facilities, and existing and
proposed transportation network in the impact area.
vii. Site plan showing preserves on-site, and how they align
with preserves on adjoining and neighboring properties.
Include on the plan locations of proposed and existing
development, roads, and areas for stormwater retention,
as shown on approved master plans for these sites, as
well as public owned conservation lands, conservation
acquisition areas, major flowways and potential wildlife
corridors.
viii. For properties in the RLSA or RFMU districts, a site plan
showing the location of the site, and land use designations
and overlays as identified in the Growth Management
Plan.
c. Project description and GMP consistency determination.
i. Provide an overall description of the project with respect to
environmental and water management issues.
ii. Explain how the project is consistent with each of the
Objectives and Policies in the Conservation and Coastal
Management Element of the Growth Management Plan,
where applicable.
d. Native vegetation preservation.
i. Identify the acreage and community type of all upland and
wetland habitats found on the project site, according to the
Florida Land Use Cover and Forms Classification System
(FLUCFCS). Provide a description of each of the
FLUCFCS categories identified on-site by vegetation type
(species), vegetation composition (canopy, midstory and
ground cover) and vegetation dominance (dominant,
common and occasional).
ii. Explain how the project meets or exceeds the native
vegetation preservation requirement in Goal 6 of the
Conservation and Coastal Management Element of the
Growth Management Plan, and Chapters 3 and 10 of the
Land Development Code. Provide an exhibit illustrating
such. Include calculations identifying the acreage for
preservation and impact, per FLUCFCS category.
III. For sites already cleared and in agricultural use, provide
documentation that the parcel(s) are in compliance with
the 25 year rezone limitation in Policy 6.1.5 of the
226
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (080508) SL BB,doc
Text underlined is new text to be added.
T8)(t 6trihetArsbl~t:l is Gldrr-eAt text ta se deleted
Bold text indicates a defined term
Conservation and Coastal Management Element of the
Growth Management Plan and Chapters 3 and 10 of the
Land Development Code. For sites cleared prior to
January 2003, provide documentation that the parcel(s)
are in compliance with the 10 year rezone limitation
previously identified in the Growth Management Plan and
Land Development Code.
iv. Have preserves or acreage requirements for preservation
previously been identified for the site during previous
development order approvals? If so. identify the location
and acreage of these preserves, and provide an
explanation if they are different from what is proposed.
v. For properties with Special Treatment "ST" overlays, show
the ST overlay on the development plan and provided an
explanation as to why these areas are being impacted or
preserved.
e. Wetlands.
i. Define the number of acres of Collier County jurisdictional
wetlands (pursuant to Policy 6.2.1 and 62.2 of the
Conservation and Coastal Management Element of the
Growth Management Plan) according to the Florida Land
Use Cover and Forms Classification System (FLUCFCS).
Include a description of each of the FLUCFCS categories
identified on-site by vegetation type (species), vegetation
composition (canopy, midstory and ground cover) and
vegetation dominance (dominant, common and
occasional). Wetland determinations are required to be
verified by the South Florida Water Management District or
Florida Department of Environmental Protection, prior to
submission to the County.
ii. Determine seasonal and historic high water levels utilizing
lichen lines or other biological indicators. Indicate how the
project design improves/affects predevelopment
hydroperiods. Provide a narrative addressing the
anticipated control elevation(s) for the site.
Iii. Indicate the proposed percent of defined wetlands to be
impacted and the effects of proposed impacts on the
functions of these wetlands. Provide an exhibit showing
the location of wetlands to be impacted and those to be
preserved on-site Describe how impacts to wetlands have
been minimized.
iv. Indicate how the project design compensates for wetland
impacts pursuant to the Policies and Objectives in Goal 6
227
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (080508) SL BB_doc
Text underlined is new text to be added.
Text &trikBtAr81;l~R 1& GlJrrBPlt te11t t8 be deletes.
Bold text indicates a defined term
of the Conservation and Coastal Management Element of
the Growth Management Plan. For sites in the RFMU
district and that portion of the Wetlands Connected to the
Lake Trafford/Camp Keais Strand Svstem contained within
the Immokalee Urban Desiqnated Area. as identified on
the Immokalee Future Land Use Map, provide an
assessment, based on the South Florida Water
Management District's Uniform Mitigation Assessment
Method, that has been accepted by either the South
Florida Water Management District or the Florida
Department of Environmental Protection. For sites outside
the RFMU district, and where higher quality wetlands
(wetlands havinq functionalitv scores of at least 0.65
WRAP or 0.7 UMAM) are being retainod suspected of
occurrinQ on-site, provide justification based on the
Uniform Mitigation Assessment Method. Include on the site
plan the location of hiqh qualitv wetlands and their location
within the proposed development plan.
f. Surface and ground water management.
I Provide an overall description of the proposed water
management system explaining how it works, the basis of
design, historical drainage flows, off-site flows coming in to
the system and how they will be incorporated in the system
or passed around the system, positive outfall availability,
Wet Season Water Table and Dry Season Water Table,
and how they were determined, and any other pertinent
information pertaining to the control of storm and ground
water.
ii. Provide an analysis of potential water quality impacts of
the project by evaluating water quality loadings expected
from the project (post development conditions considering
the proposed land uses and stormwater management
controls) compared with water quality loadings of the
project area as it exists in its pre-development conditions.
This analysis is required for projects impacting five (5) or
more acres of wetlands. The analysis shall be performed
using methodologies approved by Federal and State water
quality agencies and must demonstrate no increase in
nutrient. biochemical OXVQen demand. total suspended
solids, lead, zinc and copper 10adinQs in the post
development scenario.
iii. Identify any Wellfield Risk Management Special Treatment
Overlay Zones (WRM-ST) within the project area and
provide an analysis for how the project design avoids the
most intensive land uses within the most sensitive WRM-
STs.
228
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (080508) SL BBdoc
Text underlined is new text to be added.
TeJet stril~etRrelolgA is GlJrrSRt teHt ts be deletes.
Bold text indicates a defined term
iv. Demonstrate that the desiQn of the proposed stormwater
manaQement system and analysis of water Quality and
Quantity impacts fully incorporate the requirements of the
Interim Watershed ManaGement reQulations of Section
30700
v. Demonstrate that preserves will not be adversely affected
by the proposed stormwater desiGn, and when treated
stormwater is allowed to be directed into preserves.
provide calculations showinG that the preserves will not be
adyersely affected.
g. Listed or protected species.
L ProYide a plant and animal species survey to include at a
minimum, listed or protected species known to inhabit
biological communities similar to those existing on-site,
and conducted in accordance with the guidelines of the
Florida Fish and Wildlife Conservation Commission and
the U.S. Fish and Wildlife Service. State actual survey
times and dates, and provide a map showing the
location(s) of species of special status identified on-site.
ii. Identify all listed or protected species that are known to
inhabit biological communities similar to those existing on
the site or that have been directly observed on the site.
iiL Indicate how the project design minimizes impacts to
species of special status. Describe the measures that are
proposed as mitigation for impacts to listed species.
iv. Provide habitat management plans for each of the listed
species known to occur on the property. For sites with bald
eagle nests and/or nest protection zones, bald eagle
management plans are required, copies of which shall be
included as exhibits attached to the PUD documents,
where applicable.
v. Where applicable, include correspondence received from
the Florida Fish and Wildlife Conservation Commission
(FFWCC) and the U.S. Fish and Wildlife Service
(USFWS). with regards to the project. Explain how the
concerns of these agencies haye been met.
h. Other.
L For multi-slip docking facilities with ten slips or more, and
for all marina facilities, show how the project is consistent
with the marina Siting and other criteria in the Manatee
229
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\1 00202 A EIS Thresholds (080508) SL BS.doc
Text underlined is new text to be added.
+EOO. striketRrablliJR is EiblrrSRt text ta be aeletes.
Bold text indicates a defined term
Protection Plan. ii. Include the results of any environmental
assessments and/or audits of the I3rOl3erty. If al3l3liCal:lle,
provide a narrative of the cost and measures needed to
clean up the site.
ii. Include the results of any environmental assessments
and/or audits of the property. If applicable. provide a
narrative of the cost and measures needed to clean UP the
site.
iii. For sites located in the Big Cypress Area of Critical State
Concern-Special Treatment (ACSC-ST) overlay district,
show how the project is consistent with the development
standards and regulations established for the ACSC-ST.
iv. Soil saml3ling and/or ground water analysis monitoring
reports and programs shall be required for sites that
occupy ekI farm fields, ekI golf courses, landfill or
iunkvards or for which there is a reasonable basis for
believing that there has been previous contamination on
site. The amount of saml3ling and testing number of
samples required shall be determined by tile
Environmental Services staff along with the Pollution
Control Del3artment and the Florida Del3artmont of
En',ironmental Protection a reqistered professional with
experience in the field of Environmental Site Assessment.
The analvsis shall at a minimum test for orqanochlorine
pesticides (U.S. Environmental Protection Aqencv (EPA)
8081) and 8 RCRA 8 metals usinq Florida Department of
Environmental Protection (FDEP) soil samplinq Standard
Operatinq Procedure (SOP) FS 3000. in areas suspected
of beinq used for mixinq and at discharqe point of water
manaqement system. Samplinq should occur randomlv if
no points of contamination are suspected. Include a
backqround soil analvsis from an undeveloped location
hvdraulicallv upqradient of the suspected contaminated
site especiallv when evaluatinq arsenic since it is a
naturallv occurrinq soil constituent. Soil samplinq should
occur lust below the root zone, about 6 to 12 inches below
qround surface or as otherwise aqreed upon with the
reqistered professional with experience in the field of
Environmental Site Assessment. For sites where
contamination is found. provide an analvsis of the cost and
measures needed to clean UP the site or encapsulate the
contamination to meet applicable FDEP standards. If this
analvsis has been done as part of an Environmental Audit
then the report shall be submitted.
v. Provide documentation from the Florida Master Site File,
Florida Department of State and any printed historic
230
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (080508) SL BS,doc
Text underlined is new text to be added.
~iketRre"'€JA is GI;-m8Rt taxt tEl be aelatea.
Bold text indicates a defined term
archaeological surveys that have been conducted on the
project area. Locate any known historic or archaeological
sites and their relationships to the proposed project
design. Demonstrate how the project design preserves the
historic/archaeological integrity of the site.
vi. Provide an analysis demonstrating that the project will
remain fully functional for its intended use after a six-inch
rise in sea level as required by the Growth Management
Plan
e Q. Additional data. The County Manager or his designee may require
additional data or information necessary in order to make a thorough and
complete evaluation of the EIS and project.
e I. Relation between EIS and development of regional impact (DRI). In any
instance where the proposed project requires both an EIS and a DRI,
their data may be embodied in one report provided such report includes
all the required information on both the EIS and DRI.
+ ~. Exemptions from an EIS.
a. The EIS exeR1ption shall not apply to any parGel with a ST or
lICSC ST overlay. unless otherwise exempted by seGtion 1.02.11
H (exGeptions) or 102.11.1. (exemptions), of this Code.
b Single-family or duplex uses. Also, single-family or duplex use
on a single lot or parcel. This exemption shall not applv to any
parcel within Conservation zoninq or with a ST or ACSC-ST
overlay, unless the exemPtions or exceptions criteria in Section
4.02.14 apply
c !'.griGultural uses. Agricultural uses that fall within the SGO",O of
seGtions 163.3211(1) or 823.11(8), Florida Statutes, ",ro'lided that
the slJejeGt property will not ee Gonvertod to a nona€lriGlJltural use
ill!Q. or Gonsidered for any type of rezonin€l petition for a perioa of
twenty five years after the agricultural uses COR1menGe ana
proviaea that the subject property does not fall within an lICSC or
ST zonin€l overlay.
a. Aqricultural operations that fall within the scope of sections
163.3214(4) or 82314(6), Florida Statutes. provided that the
subiect property will not be converted to a nonaqricultural use or
considered for any type of rezoninq petition for a period of twenty-
five years after the aqricultural uses commence and provided that
the subiect property does not fall within an ACSC or ST zoninq
overlay This does not obviate the applicant from providinq all
other environmental data required per 10.02.02.A.2.
d];L ~lon senSitive areas Any area or parcel of land which is not in
231
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (080508) SL BB.doc
Text underlined is new text to be added.
~-striketRrel.l€lA is SblFreAt text te Be aelated.
Bold text indicates a defined term
the opinion of the County Manaqer or his desiqnee. an area of
environmental sensitivitv. subiect to the criteria set forth below.
proYided that the subiect property does not fall within an ACSC or
ST zoninq overlay:
i.
The subject property has already been altered threugh
past usage, prior to the adeption of this Cede, in such a
manner that the proposed use 'lI'ill not further degrade the
environmental Eluality of the site or the surrounding areas
which might be affected by the propesed use.
iij
The major flora and fauna features have been altered or
removed to such an extent as to preclude their reasonable
regeneration or useful ecological purpose. An example
would be in the case of an industrial park or a commercial
development where most of the flora and fauna were
removed prior to the passage of this Code.
iii.
The surface and/or natural drainage or recharge caflacity
of the flroject site has been paved or channeled, er
etherwise altered or improved I'lrior to the adol'ltion of this
Code, and will not be further degraded as a result of the
WOl'losed use or develoflment.
i"
..
The use and/or de':elollment of the subject WOllerty will
definitely iml'lrove and correct ecological deficiencies which
resulted from use and/or develollment which took Illace
prior to the I'lassage of this Code. I\n examl'lle Vlould be
where the develofler I'lroposes to reforest the area, provide
additional alien sllace, replace natural drainage for
channeled drainage, and/or reduce density.
v.
The use or de'/elollment will utilize existing buildings and
structures and 'IIill not reEluiro any major alteration or
moEiification of the existing land forms, drainage, or flora
and fauna elements of the I'lrOflerty
Ii
The use or development will occur within previously
developed or disturbed areas. There shall be no impact to
listed species or more than 1.000 square feet of impact to
native veqetation or natural areas.
iii.
Redevelopment of a site where the previous preserves do
not meet the minimum criteria of the current Code or
GMP's. for example where the preserve was a strip of
native veqetation or landscapinq less than 40 feet in width
e. All lands lying within 311 incorporated municil'lalities in Collier
County.
C:\Temporary Internet Files\Content.Outlook\M2XQPTYF\10 02 02 A EIS Thresholds (080508) SL BB.doc
232
Text underlined is new text to be added.
Text €triketAn,H-J~A is S\:HreAt te)(t ta be aelated.
Bold text indicates a defined term
f. All NBMO Receiving Lands.
g. Single family lots in accordance with section 3.01.01 C.1.
Ill<. A conventional rezone with no site plan or proposed development
plan. This exemption does not apply to lands that include any of
the following zoning, overlays or critical habitats: Conservation
(CON), Special Treatment (ST), Area of Critical State Concern
(ACSC), Natural Resource Protection Areas (NRPA's), Rural
Fringe Mixed Use (RFMU) Sending Lands, Xeric Scrub, Dune and
Strand, Hardwood Hammocks, or any land occupied by listed
species or defined by an appropriate State or Federal agency to
be critical foraging habitat for listed species.
8 ~. Fees. In order to implement, maintain and enforce this Code, the cost
upon submission of the environmental impact statement shall be as
established by resolution Until this fee has been paid in full no action of
any type shall be taken.
9 10. Appeals.
a. Any person aggrieved by the decision of the County Manager or
his designee regarding EIS procedures or submittals (i.e. - this
section of the Code) may file a written request for appeal, not later
than ten days after said decision, with the EAC or their successor
organization.
b The EAC will notify the aggrieved person and the County Manager
or his designee of the date, time and place that such appeal shall
be heard; such notification will be given 21 days prior to the
hearing unless all parties waive this requirement.
c. The appeal will be heard by the EAC within 60 days of the
submission of the appeal.
d. Ten days prior to the hearing the aggrieved person shall submit to
the EAC and to the County Manager or his designee copies of the
data and information he intends to use in his appeal.
e. Upon conclusion of the hearing the EAC will submit to the BCC
their facts, findings and recommendations.
f. The BCC, in regular session, will make the final decision to affirm,
overrule or modify the decision of the County Manager or his
designee in light of the recommendations of the EAC.
*
*
*
*
*
*
*
*
*
*
*
*
233
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (080508) SL BS.doc
Text underlined IS new text to be added.
T-eKt strikethrG~€Jt:1 is GblrreRt text te be GteleteGt
Bold text indicates a defined term
This page intentionally left blank.
234
C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 02 A EIS Thresholds (080508) SL BB.doc