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lenberqer ~
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FW: 09-ENS-00392 Disaster Recovery Ordinance Question:
Tuesday, August 25, 2009 4:34:29 PM
Hi John/Catherine! Please include this e-mail response with the other material
for distribution to DSAC, for their meeting on September 2nd Thank you!
Stephen
From: WrightJeff
Sent: Tuesday, August 25,20094:24 PM
To: lenberger_s
Subject: 09-ENS-00392 Disaster Recovery Ordinance Question:
Stephen--
In the referenced RLS you request an answer to the following question:
Is there any conflict between the provisions for repair of structures in the Listed
Species LDC amendment (sea turtle section, Sec. 3.04.02.B.5.d) and the
buildback policy in the Disaster Recovery Ordinance (Ord. No. 2006-35, codified
at Sec. 38-7 of the Code of Laws and Ordinances)?
My analysis is as follows:
There is no express conflict between the two provisions, although the sea turtle
nesting regulations could foreseeably operate to preclude a property owner from
taking advantage of the buildback poliicy where it would otherwise be allowed
under the Disaster Recovery Ordinance. A structure damaged beyond 49% of its
replacement value in a declared disaster would normally be eligible for the
build back policy under the Disaster Recovery Ordinance (note: the "initial"
duration of the buildback period is 6 months, by ordinance). However, despite
being eligible for the buildback provisions, the owner may have to wait for the
nesting season to end (under the sea turtle protection regulations).
So, if a disaster is declared on 5/2, kicking in the buildback policy for a six month
period (to 11/1), the entire period of the buildback could coincide with the sea
turtle nesting season (5/1-10/31), and the owner might be closed out of an
opportunity to take advantage of the build back policy while it is in effect. This
does not remove any rights they might have had under the proposed sea turtle
protection rules (e.g., right to present their proposed "major repair work" to staff
for possible approval of construction during nesting season).
Notably, the disaster recovery ordinance requires compliance with development
regulations, unless compliance with the development regulations would
preclude reconstruction otherwise intended by this buildback policy as
determined by the emergency review board (Sec. 38-7(b)(3) of the CLO). Thus,
the disaster recovery ordinance contains a mechanism for review of situations
where compliance with development regulations would be contrary to the intent
of the buildback policy.
Based on this analysis, I do not believe that further revision is necessary.
Thanks.
Jeff
Jeff E. Wright
Assistant County Attorney
Office of the Collier County Atto rney
3301 Tamiami Trail, East
Harmon Turner Building, 8th Floor
Naples, Florida 34112
239-252-8400
239-252-6300 (fax)
Text underlined is new text to be added,
T9xt strilmtl:lrsl:lQA is StJrmRt text to l3e galatea,
Bold text indicates a defined term
LDC Amendment Request
ORIGIN: CDES
AUTHOR: Susan M. Istenes, AICP
DEPARTMENT:
Zoning
AMENDMENT CYCLE: 2009 Cycle 1
LDC PAGE:
LDC SECTION(S): 1.08.02 Definitions
CHANGE: Add definition for porch, deck and balcony. The purpose of this LDC
Amendment is to distinguish between balconies, porches and decks and to distinguish 'roofed'
balconies from 'unroofed' balconies.
REASON: The terms are used in the Land Development Code and are not defined. There are
provisions that allow encroachments by these structures into setbacks and there is confusion as to
what constitutes a roofed or unroofed balcony when balconies are stacked on top of each other in
a multi family structure.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTESNERSION DATE: Created on July 15,2009; revised on August 25;
Amend the LDC as follows:
1.08.02 Definitions
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Balcony: Exterior structures that proJect from the buildinG at least one staN above
Grade. There is usually a door providinG an entrance to the Balcony. Balconies do not have
steps and there is no access from Ground level. Balconies mav be cantilevered from the
principal structure wall or may be supported bY both the wall and columns. Balconies do not
have roofs and are considered unroofed. even when the platform of a balcony proiects directly
above from upper stories providinq cover. For roofed structures see Porch.
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Porch: Exterior structures located at buildino entrances with a roof: they may have steos
and a ouardrail. Thev are oenerallv suooorted bv oosts and columns or the house wall and
foundation.
Decks: Exterior structures olaced at a buildino entrance ooint: they have no roof and are
oenerallv olaced sliohtlv above arade level. Decks may have steos and railinos and are
commonlv suooorted bv oosts althouoh they may be cantilevered from the orincioal structure
wall: or the walkwav area surroundino a swimmino 0001 (such as the deck of a swimmino ooo/):
or the surface area of a dock.
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LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Catherine Fabacher, AICP
DEPARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE: 2009 Cycle 1
LDCPAGE: LDCl:19
LDC SECTION(S): 1.08.02 Definitions
CHANGE: Restore definition, "Dwelling, multi-family," from the old code (Ord. 91-102, as
amended). With changes below, definition reads verbatim from 91-102.
REASON: Essential elements of the definition for "dwelling, multi-family" were lost during
re-codification; definition term was previously known as "Dwelling, multiple-family."
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE: August 26, 2009
Amend the LDC as follows:
1.08.02 Definitions
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Dwelling, multi-family: A group of 3 or more dwelling units within a single conventional
building.
For purposes of determininq whether a lot is in multi~-familv dwellinq use. the followinq
considerations shall applv:
a. Multi~-familv dwellinq uses mav involve dwellinq units intended to be rented
and maintained under central ownership and manaqement. or cooperative
apartments. condominiums. and the like and mav include the fee ownership of
land beneath each dwellinq unit followinq development from a common base of
ownership.
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b. Guesthouses and servants' quarters shall not be considered as dwellinq units in
the computation of subsection a above.
c. Anv multiale-familv dwellinq in which dwellinq units are available for rental for
periods of less than one week shall be considered a tourist home. a motel. motor
hotel. or hotel. as the case may be. and shall onlv be permitted in districts where
specificallv desiqnated.
d. For the purpose of this land development code. timeshare estate facilities shall
be considered as intended primarilv for transient occupancy and shall onlv be
permitted in districts where specificallv desiqnated.
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LDC Amendment Reauest
ORIGIN: BZA Directed
AUTHOR: Catherine Fabacher, AICP
DEPARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE: 2009 Cycle 1
LDC PAGE: LDC1 :39
LDC SECTION(S): 1.08.02 Definitions
CHANGE: Restore text to definition of "Yard, front," from the old code (Ord. 91-102, as
amended). Chord method of measurement was inadvertently omitted during re-codification.
REASON: BZA direction on March 16, 2009 was to clarify that the front yard is measured on a
cul-de-sac or irregularly shaped lots using the chord method.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTESNERSION DATE:
Amend the LDC as follows:
1.08.02 Definitions
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Yard, front: The required open space extending across the entire width of the lot between
the front building line and the street right-of-way line. Where double-frontage lots exist, the
required front yard shall be provided on both streets except as otherwise provided herein.
Where corner lots of record existed prior to the date of adoption of Collier County Ordinance
No. 82-2 [January 5, 1982], which lots do not meet minimum lot width or area requirements
established in this Code. only one full depth front yard shall be required. In all zoning districts,
the full depth front yard requirement shall apply to the front yard which has the shorter or
shortest street frontage. In all zoning districts, except the E (estates) zoning district, the
setback requirement for the remaining front yard(s) may be reduced to 50 percent of the full
front yard setback requirement for that district, exclusive of any road right-of-way or road right-
of-way easement. For setbacks for E (estates) zoning, see Section 2.03.01.
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Depth of a reauired front yard shall be measured so that the yard established is a strip of
the minimum width reauired by the district reaulations with its inner edae parallel to the front lot
line. In the case of irreaularly shaped lots. includina lots facina cul-de-sacs. the depth may be
measured at riaht anales to a straiaht line ioinina the foremost points of the side lot lines.
provided the depth at any point is never less than the minimum lenath of a standard parkina
space as established within subsection 4.05.02 M. of the LDC.
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LDC Amendment Request
ORIGIN: Private Petition (PL2009-338)
AUTHOR: Anthony P. Pires, Jr., Woodward, Pires & Lombardo, P.A. on behalf of Homer
Helter
DEPARTMENT:
AMENDMENT CYCLE: 2009 Cycle 1
LDC PAGE: UNKNOWN AS NOT YET CODIFIED IN THE MUNICIPAL CODE
CORPORATION VERSION OF THE LDC; SEE PAGES 74-76 OF ORDINANCE NO. 08-11.
LDC SECTION(S): Section 2.03.04.A.1.a.
CHANGE: ADD/CREATE LDC 2.03.04.A.1.a.54 as outlined below.
REASON: Allow and authorize longstanding and existing uses and businesses
[approximately 10 years] at 5510 Shirley Street, Naples, Florida, zoned "I" Industrial Zoning
District,; and, resolve all pending matters and issues as to uses and business operations
[including but not limited to the existing antique retail/wholesale business use] at 5510 Shirley
Street, Naples, Florida, in the '']'' Industrial Zoning District.
After reviewing the various permitted uses listed in LDC Section 2.03.04.A.la, it
is readily apparent that the use(s) currently engaged in by Mr. Helter, and for which this
amendment is requested, has/have "retail" characteristics similar to a substantial number of
existing permitted uses, i.e. businesses that would not have primarily "storage, warehousing,
wholesaling or distribution" characteristics. By virtue of their existence in the current LDC, the
Board of County Commissioners has thus made the determination that the following uses, with
"retail" characteristics similar to that ofMr. Helter's business, or uses that do not have primarily
"storage, warehousing, wholesaling or distribution" characteristics, are consistent with Collier
County's Growth Management Plan.
By way of example I note the following uses [with noted SIC Code and LDC
section] :
I. Barber Shops, 7241, [LDC 2.03.04.A.l.a.5].
2. Building Construction, 1521-1542, [LDC 2.03.04.A.1.a. 7].
3. Business services, 7318, 7319, which includes
photocopying, equipment rental and leasing, employment agencies
7361, employee leasing 7363, computer rental and leasing 7377,
computer maintenance 7378, detective and guard services 7381,
process service 7389, [LDC 2.03.04.A.1.a.8].
4. Insurance agents, including title insurance 6361 and 6411,
[LDC 2.03.04.A.1.a.25].
5. Membership organizations, 8611, 8631, [LDC
2.03.04.A.I.a.31].
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FISCAL & OPERATIONAL IMPACTS:
NONE
RELATED CODES OR REGULATIONS:
None aware of at this time.
GROWTH MANAGEMENT PLAN IMPACT: The applicant believes the proposed
language and uses are consistent with: A.) other current existing uses in the "I" Industrial Zoning
District found to be consistent with Collier County's Growth Management Plan, and 8.) the
Growth Management Plan. [see letter of May 27,2009]
OTHER NOTESNERSION DATE: Created May 27, 2009
Amend the LDC as follows:
add the following as LDG 2.03.04.A.1.a.54:
54. Used merchandise businesses (5932), memorabilia, medallions
(of the type listed in 5094) businesses, and associated retail
actiyity [without limitations as to percentaqe of qross floor areal.
where a siqnificant portion of the use is associated with the
display, storaqe, online marketinq, distribution or wholesalinq of
used merchandise, memorabilia, medallions.
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LDC Amendment Request
ORIGIN:
Community Development & Environmental Services
AUTHOR:
John Kelly, Planner
DEPARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE: 2009 Cycle I
LDC PAGE:
LDC2:86.8l and 86.82
LDC SECTION(S): 2.03.07 JA.b
CHANGE:
Correct Bayshore Drive to read Bayshore Way
REASON:
Scriveners' error
FISCAL & OPERATIONAL IMPACTS: None, typographical error only.
RELATED CODES OR REGULA nONS:
GROWTH MANAGEMENT PLAN IMPACT: None, typographical error only.
OTHER NOTES/VERSION DATE:
Amend the LDC as follows:
2.03.00 ZONING DISTRICTS; PERMITTED USES, ACCESSORY USES, AND
CONDITIONAL USES
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J. Goodland Zoning Overlay (GZO). To create design guidelines and development
standards that will assure the orderly and appropriate development in the
unincorporated area generally known as Goodland. The Goodland Zoning Overlay
district (GZO) is intended to provide regulation and direction under which the growth and
development of Goodland can occur with assurance that the tropical fishing village and
small town environment of Goodland is protected and preserved, and that development
and/or redevelopment reflect the unique residential and commercial characteristics of
the community. The boundaries of the Goodland Zoning Overlay district are delineated
on Map 1 below.
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4. Storage sheds. Parcels located off of Bayshore Way are allowed to retain any
sheds that were constructed prior to October 17, 2003. Storage sheds for fishing
and boat equipment on the boat dock parcels off of Bayshore Way constructed
after October 17, 2003 are permissible if they comply with the following
requirements:
a. The appropriate building permit must be obtained.
b. Bayshore €Ifive- way setback: ten feet.
c. Waterfront setback: ten feet.
d. Side yard setback: 0 feet.
e. Maximum size of shed: 144 square feet.
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LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT:
Engineering and Environmental Services Department
AMENDMENT CYCLE: 2009 Cycle
LDC PAGE: LDC3:14 & LDC3:23
LDC SECTION(S): 3.04.01 Generally
3.04.02 Species Specific Requirements
3.04.03 Requirements for Protected Plants
3.04.04 Penalties for Violation: Resort to Other Remedies
CHANGE: Include criteria for protection of selected listed plants.
Scrivener's error to correct lettering/numbering in section 3.04.02
Update the gopher tortoise and bald eagle sections for consistency with the
FFWCC Bald Eagle and Gopher Tortoise Management Plans approved in April
2008 and September 2007, as requested by the EAC during the 2008 LDC
amendment cycle.
Revisions with regards to the listed species section in general, gopher tortoise and
listed plants, per direction received from the CCPC during the 2008 LDC
amendment cycle.
Revisions to address concerns of stakeholders
Renumbering ofremaining section
REASON: Evaluation for protection of listed plants is required as part of the EAR-based GMP
amendment to CCME Policy 7.1.6. Policy 7.1.6 states the following:
"The Countv shall evaluate the need for the protection of listed plants and within one (]) year of
the effective date of this amendment adopt land development regulations addressing the
protection oflisted plants. "
Scrivener's error to correct lettering/numbering in section 3.04.02
Update the gopher tortoise and bald eagle sections of the LDC for consistency with the FFWCC
management plans for the Bald Eagle and Gopher Tortoise approved in April 2008 and
September 2007, as requested by the Environmental Advisory Council (EAC). The Collier
County Planning Commission (CCPC) also requested that staff evaluate these sections in light of
recent changes in State requirements for these species. The State management plans for these
species were not in effect at the time the sections of the LDC were last amended.
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An evaluation of plants listed as endangered, threatened or commercially exploited by the Florida
Department of Agriculture and Consumer Services as contained in Chapter 5B-40.0055 F.A.C. is
the basis for the proposed protection of selected plant species. None of the plants within Collier
County are listed as endangered or threatened under the Federal Endangered Species Act.
The State Regulated Plant index lists 431 Endangered, 114 Threatened and 8 Commercially
Exploited plants in the State of Florida. Of these, at least 124 species have been documented to
occur in Collier County, many of which are only found in the eastern parts of the county, in State
and Federal preserves. Since most of these listed plants are already protected within preserves,
staff identified those species known to occur outside the eastern portions of the county. Staff also
concentrated on species where relocation is feasible. Many of the plants included in the proposed
amendment are described as having declining populations or populations which are very small in
size or limited in distribution. Others are susceptible to over collecting for commercial purposes
and have been listed as such by the State.
It should be noted that the listed species referenced in the preserve selection criteria pursuant to
CCME Policy 6.1.1 (4) are specific towards listed wildlife (animal) species and do not include
listed plants. Other than for relocation, listed plants would only be protected if preserved as part
of the habitat selected according to the preserve selection criteria of this Policy. Relocation of
listed plants into preserves is in keeping with the intent ofCCME Policy 6.1.1 (6), in maintaining
natural diversity within preserves. The Environmental Advisory Council (EAC) has also
encouraged relocation of listed epiphytic plants into preserves when suitable habitat is preserved
on site.
The regulations in section 3.04 are applicable to lands within the Urban Designated areas and
within the RFMUD, as identified on the Future Land Use Map for Collier County. Agricultural
operations that fall within the scope of sections 163.3162(4) or 823.14(6), F.S., all development
within the RLSA District, except as specifically provided in section 4.08.00, and all development
within the NBMO, except as specifically provided in section 2.03.08 are exempt from the
provisions of section 3.04.00. (3.04.01 B.2 LDC)
The plants listed in the amendment generally occur either in forested wetlands (not totally
dominated by slash pine), hammocks, scrub or coastal barrier islands. They can also be relocated
by an environmental consultant with reasonable effort. Although epiphytic species could
potentially occur in all levels of the canopy, the epiphytic plants listed as Rare in this amendment
would most like occur in lower levels of the canopy, closer to the ground or water where
moisture levels are higher, as they all occur in forested wetlands. In rare instances they may occur
in the upper levels of the canopy, in wetlands with good hydrology (longer periods of
inundation). Wetlands with hydrology able to support epiphytic species listed as Rare in this
amendment, in the upper levels of the canopy would generally have high functionality scores and
would most likely be protected during the permitting process with the State and Federal agencies.
Exceptions to this might include isolated wetlands such as cypress domes, which may have good
hydrology but lower functionality scores when located away from other natural areas. Epiphytic
species of plants listed as Rare in this amendment would only be required to be relocated if
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located within eight feet off the ground. Plants listed as Rare in the amendment are extremely
rare.
Epiphytic plants listed as Less Rare in this amendment would also only be required to be
relocated if located within eight feet off the ground, but only if the species is not already present
within the preserve. When available, only two plants per species per acre of plants listed as Less
Rare would be required to be relocated, up to a maximum often plants per species per preserve,
in order to establish a seed source within the preserve. When available, seed of Tillandsia may be
transferred to a preserve in lieu of relocating plants, since fresh seed transferred to the bark of
trees prior to the onset of the rainy season have good success rates.
Although many of these plants occur throughout much of the County, plants listed as Less Rare
in this amendment are often localized and only found in certain types of environments. Habitat
fragmentation and drainage have affected populations of these plants. Habitats occupied by these
species are usually forested and include both wetlands and uplands which have been protected
from fire. When available, all plants listed in this amendment, other than for Tillandsia, may be
planted (or fastened to woody vegetation in the case of epiphytic species) within preserves from
nursery grown stock in lieu of relocation. Tillandsia has been excluded to prevent accidental
introduction of exotic Metamasius weevil from nursery grown stock into wild populations of
Tillandsia (see below). All the plants listed as Less Rare in this amendment are epiphytic.
Relocation of Tillandsia species listed in this amendment would not be allowed where
populations of these plants are infested with non-native Metamasius weevil that feed on
Tillandsia and other types of bromeliad. Metamasius callizona is particularly destructfull and
since its discovery in Broward County in 1989, has spread throughout much of south Florida by
both natural dispersal and by movement of infested plants. This species has the potential to wipe
out many populations of Tillandsia in Florida, and has already done so in some localities. The
species has also been documented within the Fakahatchee Strand State Preserve, the site of most
of the State's listed bromeliad species. Other species of non-native Metamasius weevil also occur
within the state (Metamasius hemipterus) or have been found in shipments ofbromeliads from
neotropical countries (Metamasius jlavopictus, Metamasius sellatus, Metamasius
quadrilineatus).
One listed plant also know to occasionally occur outside the eastern portions of the county is
hand fern (Ovhiof!lossum valmatum), a plant which grows almost exclusively on the trunks of
cabbage palm in moist hammocks or swamps. Relocation of this plant would be impractical since
it is dependent on the micro climate in which it lives and would have to be relocated together
attached to the cabbage palm it is growing on, to a suitable habitat on site, if another suitable
habitat were to exist on site. Since this species naturally occurs on cabbage palms growing in
association hardwoods in hammocks or in swamps, they would most likely be preserved during
the permitting process with the State and Federal permitting agencies. Wetlands with high
functionally scores and hardwood hammocks, where this species most likely occurs, also rate
high according to the County's preserve selection criteria. For these reasons, this species was not
included in the amendment.
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Other listed plants which occur either in hammocks or on coastal barriers include satin leaf
(Chrvsovhvllum olivaeforme), Simpson's stopper (Mvrcianthes fraf.!rans) and wild cotton
(Gossvvium hirsutum). Like the hand fern, these species would likely be protected by the
County's preserve selection criteria since the habitats in which they occur, rate high among the
criteria. Relocation of two species, Simpson's stopper and satin leaf, would also be difficult due
to the size of mature plants and types of habitats in which they occur. All three of these species
could easily be added to preserves from container grown stock, as all are available commercially.
In contrast, wild cotton is a short lived plant which must regenerate itself by seed on a more
frequent basis in order to persist in the environment. For these reasons, these three species were
not included in the amendment.
Another plant which occurs on coastal barriers is west coast prickly apple (Harrisia gracilis), a
rare member of the cactus family. Since this plant is quite rare and fairly easy to transplant, it was
included in the amendment. Unlike satin leaf, Simpson's stopper and wild cotton, commercial
availability of this plant would be extremely limited, ifit was available at all.
FISCAL & OPERATIONAL IMPACTS: Where the listed plants identified in this amendment
occur on site and where relocation is required, additional expense will be incurred upon the
applicant to relocate them. A survey of three environmental firms who regularly conduct business
in the county, indicate an average hourly rate of $120 for this type work. Preserve management
plans may have to address specific needs for listed plants in order to insure their survival, but for
most species this would not be necessary. An example would be maintaining open areas free of
woody vegetation in scrub habitat for Curtiss' milkweed. It should be noted for scrub in
particular, that maintaining open areas with and without ground cover is necessary for the
survival of many of the species found in this type environment. Thus management for Curtiss'
milkweed would not require management much different than that for the habitat itself. Specific
management needs for this plant species might include surveying for the species every few years
during regular monitoring events, and making sure the area around existing plants is kept free of
woody vegetation and invasive ground covers. Epiphytic species of listed plants such as
Tillandsia (bromeliads) and orchids live attached to trees and shrubs in their environment and
should not require additional management when relocated to a suitable environment.
Preservation or relocation of all the plants identified in this amendment should require little in
the way of additional management other than that for general management of the preserve itself,
if any additional management for these species is needed at all.
During the 2008 LDC amendment hearings, the Planning Commission asked staff to provide
general information as to cost of relocation and management for gopher tortoises. Staff contacted
several environmental firms who regularly conduct business in the area to provide an estimate.
Staff also reviewed the FFWCC Gopher Tortoise Management Plan and FFWCC Gopher
Tortoise Permitting Guidelines to obtain costs associated with permitting for the State.
According to the environmental firms contacted, costs for producing a gopher tortoise
management plan ranged from $750 to $5,000, and this depends on the size of the project.
Average costs were in the $1,000 to $2,500 range. Field work to implement the plan once
approved was about $1,500/day. Surveying for gopher tortoise burrows also averaged
$1,500/day. Other types of management activities cost more. Mowing vegetation in order to
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maintain habitat suitable for tortoises, for example, ranged from $50 to $1 OO/hour. A $4,000/day
price was given by one consultant to conduct a prescribed fire.
Relocation of gopher tortoises cost about $2,500/day (environmental consultant and backhoe
operator fees combined). Soil conditions, density of vegetation, and the presence of rock all had
an effect on the amount of time needed to excavate burrows. Temporary fencing to contain
tortoises during construction averaged around $4 to $6/linear foot, installed. Estimates on
installation of permanent fencing (chain link fence) to contain gopher tortoises ranged from
$5.50 to $12.00/linear foot. These consisted of a 4 foot high chain link fence buried about 2 feet
below ground.
Permits from the Florida Fish and Wildlife Conservation Commission (FFWCC) to relocate
gopher tortoises are a few hundred dollars per permit. Mitigation Contributions for these permits
rise significantly when tortoises are relocated to unprotected areas ($3,000 for each tortoise) or in
emergency take situations ($4,000 per tortoise). The difference in Mitigation Contributions for
protected and unprotected sites is to encourage relocation of tortoises to sites which are protected
in perpetuity. The option of whether to relocate gopher tortoises to protected or unprotected sites,
and therefore to one that is managed for gopher tortoises or not, lies with the applicant.
Relocation could occur on public or private land, according to the FFWCC Gopher Tortoise
Management Plan. Authorized recipient sites for gopher tortoises must meet specific site criteria
identified in the FFWCC Gopher Tortoise Management Plan. A range of $1000 to
$2,500/tortoise was given by one consultant for recipient sites to accept gopher tortoises.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: Evaluation for protection of listed plants is
required as part of the EAR-based GMP amendment to CCME Policy 7.1.6.
OTHER NOTES/VERSION DATE: Created August 7, 2009. Revised August 20, 2009
Amend the LDC as follows:
3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES
3.04.01 Generally
A. The purpose of this section is to protect species in the County, by including measures
for protection and/or relocation of endangered, threatened, or species of special
concern listed by:
1. Florida Fish and Wildlife Conservation Commission (FFWCC) as endangered,
threatened, or species of special concern, and as provided for the bald eaqle in
FAC.68A-16.002.
2. United States Fish and Wildlife Service (USFWS) as endangered or threatened,
and as provided for bv the Bald and Golden Eaqle Protection Act.
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3. Convention of Internationul Trude in Endangered Species of 'Nild Fauna and
Flora (CITES).
B. Applicability and Exemptions.
1. General Applicability: Except as provided in 2 below, all new development shall
be directed away from listed species and their habitats by complying with the
guidelines and standards set forth in this section.
2. Exemptions: The following are exempt from the provisions of this Section:
a. Agricultural operations that fall within the scope of sections 163.3162(4)
or 823.14(6), Florida Statutes;
b. All development within the RLSA District, except as specifically provided
in section 4.08.00; and
c. All development within the NBMO. except as specifically provided in
section 2.03.08.
C. EIS and mManagement plans.
1. Exemption. Single-family platted lots or construction of a sinqle-familv home,
includinq accessorv uses and structures, on a lot of record that are not part
of a previously approvod subdivisioR or SDP shall not be required to prepare afI
EIS or a management plan. but shall comply with approved manaqement plans
for the subdivision in which they are located.
2. EIS. /\n EIS i!:: required as sot forth in section 10.02.02. The County !::hall notify
tho FFVVCC and USFWS of the existonco of any Ii!::ted specios that may be
discovered.
3~. Management Plans.
a. General Requirements. A wildlife management plan shall be required for
all projects where the wildlife survey indicates listed species are utilizing
the site. or where bald eaqle nests occur on the site or within distances to
the site identified in the Bald Eaqle Manaqement Plan utilized by the
FFWCC. These plans shall describe how the project directs incompatible
land uses away from IisteG these species and their habitats and shall
incorporate proper techniques to protect IisteG these species and their
habitat. and the nests of bald eaqles from the negative impacts of
proposed development. Incompatible land uses and proper techniques
to protect listed species and their habitat. and the nests of bald eaqles.
shall be in accordance with the quidelines. manaqement plans and
recommendations of the FFWCC or USFWS. Manaqement plans for
listed plant and animal species. and for the nests of bald eaqles. shall be
included as part of the preserve manaqement plan. if a preserve
manaqement plan is required. The County shall notify the FFWCC and
USFWS of the existence of any listed species that may be discovered.
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b. References. Manaaement auidelines contained in various aaencv
publications shall be used for developina reauired manaaement plans.
The following roforences shall be usod, as appropriate, to prepare tho
required managoment plans;
i.
South Florida Multi Species Reoovory Plan, USFWS, 1999.
ii.
Habitat Managemont Guidelinos for the Bald Eagle in tho
Southeast Rogion, USF'NS, 1987.
ili.
Eoology and Habitat Protection Neods of Gophor Tortoiso
(G0fJhorus polyphemus) Populations found on Lands Slated for
Large Soale Elevelopment in Florida, Teohnioal Report No.1,
Florida Game and Frosh Water Fish Commiccion, 1987.
i"
..
Ecology and Ele'..elopment Rolated Habitat Requiromontc of tho
Florida Sorub Jay (!"pheloeoma eool'uleseel1s), Toc,hnioal Report
No.8, Florida Garno and Fresh W3ter Fich Commicsion, 1991.
D. Protective measures. All developments subject to this section shall adhere to the
following:
1. General.
a. In those areas where clustering is permitted, all developments shall be
clustered to discourage impacts to listed species habitats.
b. Open space and vegetation preservation requirements shall be used to
establish buffer areas between wildlife habitat areas and areas
dominated by human activities.
c. Provisions such as fencing, walls, or other obstructions shall be provided
to minimize development impacts to the wildlife and to facilitate and
encourage wildlife to use wildlife corridors.
d. Appropriate roadway crossings, underpasses, and signage shall be used
where roads must cross wildlife corridors.
e. When listed species are directly observed on site or indicated by
evidence, such as denning, foraging or other indications, priority shall be
given to preserving the habitat of that listed species, as provided in
section 4.06.04.
f. Management Plans shall contain a monitoring program for
developments greater than 10 acres.
g. Letters of technical assistance from the FFWCC and/or
recommendations from the USFWS shall be deemed to be consistent
with the GMP. Other forms of technical assistance from the FFWCC
and/or USFWS shall be acceptable based on the nature of the
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evaluation.
E. Single-family platted lots or construction of a sinqle-familv home, includinq accessory
uses and structures, on a lot of record, seven and one half (7 1.(2) aores or less in
~ shall be exempt from the requirements set forth in sectionj! 3.04.02 A, C. E, F, G
8-c and 3.04.03, but shall complv when required as part of the subdivision in which they
are located when these lots 3ro not a part of a provioUE: development whioh haE: boon
requirod to oomply 'o','ith E:eotion d.04.02 B. However, gopher tortoises E:hall bo proteotes
pursuant to thiE: seotion. Other aqency approvals may be required in accordance with
10.02.06 C.
3.04.02 Species Specific Requirements
On property whero tho 'Iiilslife survey establiE:heE: th3t listos E:peoies aro utilizing tho E:ito
or where tho E:ito ie oapable of supporting Iietes spooioe ans E:uoh Iietos spoeioe oan be
antioipatos to potontially oooupy tho cite, the County E:h311, consistont with tho GMP, oonsisor
and utilizo rocommensations 3nd letters of teohnic31 aE:E:istanoo from tho Florida Fish and
Wilslifo ConE:ervation CommiE:eion and reoommonsations from the U.S. FiE:h and Wildiife
Sorvioe in iE:E:uing development orders. It ie reoognized that those agonoy reoommendations,
on a oaso by 03S0 basis, may ohango the require montE: oontaines herein and 3ny E:uoh oh3ngo
E:hall bo deemed to be ooneiE:tent with this Cose. Wildlife habitat manaqement plans for listed
species shall be submitted for County approval. A plan shall be required for all proiects where
the wildlife survey indicated listed species are utilizinq the site (other than for occasional use by
non-resident species such as wadinq birds) er if required by state and federal permit
requirements. These plans shall describe how the project directs incompatible land uses away
from listed species and their habitats. The County shall, consistent with applicable GMP
policies, consider and utilize recommendations and letters of technical assistance from the
Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish
and Wildlife Service in issuinq development orders on property containinq listed species. It is
recoqnized that these aqency recommendations, on a case by case basis, may chanqe the
requirements contained within these wildlife protection policies and any such chanqe shall be
deemed consistent with the Growth Manaqement Plan. The following specific species
management and protection plans shall be applicable, in addition to those required by other
provision in this section 3.04.00:
A. Gopher Tortoise (GophoruE: polyphemue Gooherus oolvohemus).
1. All native habitats occupied by gopher tortoises, their habitatE:, and the
associated listed commensals are hereby protected.
2. It is expressly prohibited to take, which means to harass, harm, hunt,
shoot, wound, kill, trap, capture, collect, molest, pursue or attempt to
engage in any such conduct, any gopher tortoise, and to alter, destroy,
or degrade the functions and values of their burrows or n3tural habitat,
unless otherwise provided for in this section.
3. All gopher tortoise burrows are protected, and it is prohibited to
intentionally destroy or take any such burrow by any means, unless
otherwise provided for in this section.
4. PorE:onnel authorizes by the FFWCC or the County m3Y house am:!
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relocate tortoisos, as necoss:Jry :Jnd provided for in this section.
Relocation shall be permitted and executed accordinq to FFWCC Gopher
Tortoise Permittinq Guidelines.
5. When gopher tortoises are identified on-site, a habitat protection and/or
management plan or off-site relocation plan. as prepared bv a FFWCC
permitted Authorized Gopher Tortoise Relocation Aqent. shall be
submitted to the County Manager or designee for review and approval.
6. The on-site habitat protection and/or management plan shall include, but
not be limited to, the following items:
a. A current gopher tortoise survey no more than 6 months old or
within the time frame recommended bv the FFWCC, which 6flaIl
may be field-verified by planning services staff the County
Manaqer or desiqnee.
b. A proposal for either maintaining the habitat for the population if!
f'laee on site or relocating it the existinq population to a qopher
tortoise recipient site permitted bv the FFWCC.
c. A If preserved on site, a site plan identifying the boundaries of the
gopher tortoise preserve.
d. The method of relocation, if necessary.
e. The proposed supplemental plantings, if needed.
f. Detail2 of the construction and maintenance of gopher tortoise
preserve fencing to protect tortoises durinq construction.
g. An annual maintenance plan describing exotic removal and
vegetation management.
h. Identification of persons responsible for the initial and annual
protection and/or management of the tortoises and the preserve
area. Suitable gopher tortoise habitat shall and maximum
allowable density of qopher tortoises shall be in accordance with
the parameters identified in Gopher Tortoise Manaqement Plan
and Gopher Tortoise Permittinq Guidelines utilized bv the FFWCC
be dosign:Jted on the sito plan at the timo of tho first
de'/elopment order submittal. Suitable qopher tortoise habitat
preserved on site shall be desiqnated on the site plan at the time
preserves are established and shall be credited to the
preservation requirement as speCified in soction 3.05.00 of this
WG.
i. Habitat manaqement and monitorinq to ensure habitat within the
preserve is maintained in accordance with the parameters
identified in Gopher Tortoise Manaqement Plan and Gopher
Tortoise Permittinq Guidelines utilized bv the FFWCC.
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i. Methods identified to protect tortoises from roadways. domestic
animals. or other possible danqers, if needed.
7. SuitiJble habitat shiJlI be defined iJS hiJving tho following characteristics:
a. The presence of well drained, sandy soils, which iJllow easy
Burrowing for gopher tortoises.
b. Approprklto horb3ceous ground cover (if not present,
supplemental food sources shall Be pliJnted).
c. Generally open canopy and sparse shrUB cover, which allow
sufficient sunlight to reach the ground.
d. Typically, includes the presence of an existing gepher tortoise
populiJtion.
g. Off site relocation plans shall be permitted to meet all or PiJrt of the on
site gopher tortoise hiJBit3t proserv3tion requirements under the following
circumst3nces:
3. 'Nhere suitiJble h3bit3t does not exist on site;
B. 'Nhere a property owner meets the minimum on site native
'..e!letation preservations raquireR1ents of this LDC '.'lith
jurisdiGtioniJl wetlands, and cannot provide 3ppropriate haBitiJt for
gopher tortoises as described iJBove; or
c. Where scientific d3t3 h3S been presented to the County Manager
or dosignee, 3nd an emironmental profossional opinion is
rendered thiJt the requiroment to provide the roquired on site
gopher tortoise haBitat preservation 3ra3 'o'.'ill not Be conducive to
the long term health of the on site population of tortoises.
9. If on off site relocation plan is authorized under one (1) or mora of the
3Bove conditions, approval of such 3 plan and associated St3te permit,
shall Be OBtained froR1 the FFWCC. Whem appropriate, 0 comBination of
on site preservation and off site relocation may be considered.
10. When relocating tortoises on sito, tho density shall 130 reviewed on a
CiJse BY case Basis, iJnd no R10re than five (5) tortoises per acre will Be
considered a suitaBle density,
7~. When identifying the native vegetation preservation requirement of
section 3.05.07 of this LDC for parcels containing gopher tortoises,
priority shall be given to protecting the largest, most contiguous gopher
tortoise habitat with the greatest number of active burrows, and for
providing a connection to off-site adjacent gopher tortoises' preserves.
/'.11 gopher tortoise preserves shall Be plattod with protectivo covenants,
35 required by this section ::md section 3.05.07 H of this LDC or, if the
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project is not platted, shall provido such language on the approvod sito
development plan. It shall be a priority to preserve scrub habitat, when it
exists on-site, for its rare unique qualities and for being one of the most
endangered habitats in the County, regardless of whether gopher
tortoises are relocated off-site.
~~. 6!LgGopher tortoises shall be removed captured and relocated from
within the development footprint all activo and inactive burro'....s locotod
within tho area of construction prior to any site improvement. in
accordance with FFWCC quidelines and the protection/management plan
approved by County Manager or designee. Hiqh densities of hatchlinqs
and iuvenile tortoises are often found in dense thickets of low qrowinq
veqetation in habitat where existinq qopher tortoises and their burrows
are located. The location of thickets potentially used by hatchlinq and
iuvenile qopher tortoises shall be identified in the protection/manaqement
plan and any qopher tortoises within these areas shall also be relocated.
1 J. Exomptions. Singlo klmily platted lots seven and one half acros or loss in
sizo, shall be exempt from the requiremonts sot forth in subsections 5
through 11 abovo, when these lots ore not a part of a previous
development which has been required to comply with subsections 5
through 11. HO'Novor, gophor tortoisos shall be protected pursuant to 1.
J. above.
B. Sea Turtle Protection.
1. The purpose of this section is to protect the threatened and endangered
sea turtles that nest along the beaches of the County, by safeguarding
sea turtle hatchlings from sources of artificial light, and adult and
hatchling sea turtles from injury or harassment. The County shall adhere
to state and federal guidelines for the protection of sea turtles.
2. The requirements of this section apply when development or lighting
associated with development is located within three hundred (300) feet
of coastal mean high water; when parking lots, dune walkovers, or other
outdoor lighting is proposed; and when reflective surfaces that will be
illuminated by outdoor lighting will be visible from the beach.
a. Outdoor lighting shall be held to the minimum necessary for
security and safety. Floodlights and landscape or accent lighting
shall be prohibited.
b. All lighting, including wall-mounted fixtures, pole lighting, lights on
balconies, and any other type of lighting not specifically
referenced by this section. shall be of low intensity. and shall be
fitted with hoods or positioned so that the light sources, or any
reflective surfaces illuminated by such sources, shall not be visible
from the beach.
c. Low profile luminaries shall be used in parking lots, and such
lighting shall be fitted with hoods or positioned so that the light
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sources, or any reflective surfaces illuminated by such sources,
shall not be visible from the beach.
d. Dune crosswalks shall utilize low profile shielded luminaries
directed and positioned so that light sources, or any reflective
surfaces illuminated by such sources shall not be visible from the
beach. dQune crossover lighting shall be limited to the area
landward of the primary dune.
e. If high intensity lighting is necessary, low pressure sodium vapor
luminaries shall be used and fitted with a hood or positioned so
that the light sources, or any reflective surfaces illuminated by
such sources, shall not be visible from the beach.
f. Plates of tinted glass are required for windows that are visible
from the beach. The tinted glass shall be any window or glazing
that has an industry-approved light transmittance value of forty-
five (45) percent or less. Such transmittance shall be limited to the
visible spectrum (400 to 700 nanometers), and shall be measured
as the percentage of light that is transmitted through the glass,
inside to outside.
g. Temporary security lights at construction sites shall not be
mounted more than fifteen (15) feet above the ground. Light
sources, or any reflective surfaces illuminated by such sources,
shall not be visible from the beach.
3. For existing development, existing structures with any light sources, or
reflective surfaces illuminated by such sources, that are visible from the
beach, shall be in compliance with the following:
a. All lights shall be turned off after 9:00 p.m. between May 1 and
October 31 of each year, or fitted with a hood or positioned so that
the light sources, or any reflective surfaces illuminated by such
sources, shall not be visible from the beach.
b. Lights illuminating dune crosswalks shall be turned off after 9:00
p.m. between May 1 and October 31 of each year, and must be
modified to conform to the requirements for new development in
accordance with section 3.04.03(8) of this section.
c. Security and emergency exit lighting shall follow the same
requirements stated in section 3.04.03(C)(1) of this section. If high
intensity lighting is necessary, low pressure sodium vapor
luminaries shall be used and fitted with a hood, or positioned so
that the light sources, or any reflective surfaces illuminated by
such sources, shall not be visible from the beach.
d. At least one (1) of the following measures shall be taken, where
applicable, to reduce or eliminate the negative effects of interior
light emanating from doors or windows within the line of sight of
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the beach, where lights currently illuminate the beach:
i. In windows facing the Gulf of Mexico, and all inlet
shorelines of these beaches, tinted window treatments
are required for windows that are visible from the beach
so that indoor lights do not illuminate the beach. The
tinted glass shall be any window or glazing that has an
industry-approved light transmittance value of forty-five
(45) percent or less. Such transmittance shall be limited to
the visible spectrum (400 to 700 nanometers), and shall be
measured as the percentage of light that is transmitted
through the glass, inside to outside.
ii. Rearrange lamps and other movable fixtures away from
windows.
iii. Use window treatments, including, but not limited to, blinds
and curtains, to shield interior lights from the beach.
iv. Tum off unnecessary lights.
4. All publicly owned lighting with light sources that are visible from the
beach, or that illuminate reflective surfaces that are visible from the
beach, shall be tumed off after 9:00 p.m. between May 1 and October 31
of each year, or shall be fitted with a hood, or positioned so that the light
sources, or any reflective surfaces illuminated by such sources, are not
visible from the beach.
5. It shall be unlawful, during the nesting season, to construct any
structure, add any fill, mechanically clean any beach, or grade any dirt
within 100 feet of the nesting zone of a beach where sea turtles nest or
may nest, without obtaining a construction in sea turtle nesting area
permit from the County Manager or designee.
a. If sea turtle nesting occurs within 100 yards of the construction,
measured parallel to the shoreline during permitted construction
activities, the nest area shall be flagged by the permittee and the
County Manager or designee informed prior to 9:00 a.m. of that
moming.
b. Depending on nest location, in relation to intensive construction
activities, the County Manager or designee may require that the
nest(s) be relocated by the applicant.
c. Construction activities shall not interfere with sea turtle nesting,
shall preserve or replace any native vegetation on the site, must
maintain the natural existing beach profile, and minimize
interference with the natural beach dynamics and function.
d. Construction or repair of any structure, including, but not limited
to, dune walkovers, seawalls, or other revetments, sandbags,
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groins, or jetties, shall not be permitted during sea turtle nesting
season on any County beaches, except if permitted structures
are damaged by a named storm or other declared natural disaster
and the following conditions are met:
j-t. Minor Repair Work. Minor repair work (boards need to be
nailed back to the existing intact structure, or &-few less
than 10 percent of the boards need to be replaced) that
can be performed completely from atop the structure is
authorized after obtaining the necessary approval of the
FDEP and notifying Collior County Environmental Sorvicos
the Countv Manaqer or desiqnee of that work. Work must
be completed within 12 months of the named storm or
declared natural disaster.
li~. Maior Repair Work. Prior to any repair work (greater than
that described in j -t above) or reconstruction of any part of
the structure, the following information shall be provided so
that staff can determine if the major repair or
reconstruction can occur prior to the end of sea turtle
nesting season:
a}~ The appropriate permit or authorization from FDEP,
if required.
b}~ The location of all known sea turtle nests.
Community Developmont and Environmental
Sorvices (CDES) stoff The Countv Manaqer or
desiqnee will provide assistance in locating nests.
Construction activities shall not occur within 10 feet
of these boundaries fGf of viable nests.
c}~ A survey by a qualifiod consultant FFWCC
permitted Authorized Gopher Tortoise Relocation
Aqent locating any gopher tortoise burrows on site
within 50 feet of tho structure proposed
construction. Relocation of gopher tortoises will be
required when the burrows are in harms way of the
construction activity.
d}~ Photographs of the site as it existed after the storm
to document the conditions of the property.
e}~ An aerial of the property showing the CCSL line.
f} A copy of a CCSL variance or CCSL permit, if
required, and building permit approving the original
construction of the structure.
g}~ Sea turtle nest locations will be reestablished using
their previously recorded GPS locations and
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accuracy data to identify a 95% confidence
boundary. Construction activities shall not occur
within 10 feet of these boundaries for viable nests.
Nests will be considered viable for 80 days from
the time the nest was recorded unless it can be
proven that a particular nest has been damaged by
the storm and there is no chance of any hatchlings.
g 4. Minor structures, as defined by Florida Statutes Subsection
161.055, of the Coastal Zone Protection Act of 1985, shall be
approved provided that they also comply with:
la. Federal requirements for elevations above the 1 DO-year
flood level,
jjb. Collier County Building Code requirements for flood
proofing,
ills. Current building and life safety codes,
]yd. Collier County and State of Florida Department of
Environmental Protection CCSLlCCCL regulations,
'{e. Applicable disability access regulations of the American
Disability Act (ADA), and
'{[f. Any required Collier County zoning and other development
regulations with the exception of existing density or
intensity requirements established, unless compliance with
such zoning or other development regulations would
preclude reconstruction otherwise intended by the Build
back Policy as determined by the Emergency Review
Board established herein.
6. The following shall be obligations for all property owners who have had
sand washed ashore (as a result of a storm) and deposited on the dune
and seaward of the CCSL. As supported by GMP Conservation and
Coastal Management Element Objective 10.4 and Policy 10.4.8,
construction seaward of the CCSL shall not interfere with sea turtle
nesting, will minimize interference with natural beach dynamics, and
where appropriate will restore the historical dunes and will vegetate with
native vegetation and help in the restoration of natural functions of
coastal barriers and beaches and dunes.
The property owner may be prohibited from removing the deposited sand
when it is determined that the wash over was a part of the natural
rebuilding of the beach and dune system. Only native salt tolerant beach
or dune vegetation may be planted on the deposited sand, after obtaining
a Collier County CCSL permit.
This shall not apply to sand washed over onto yards that have received
the appropriate Collier County approvals for landscaping seaward of the
CCSL (such as single family homes along Vanderbilt Beach).
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7. It shall be unlawful for any person to kill, molest, or cause direct or
indirect injury to any species of sea turtle in Collier County or within its
jurisdictional waters. It shall be unlawful to collect or possess any part of
a sea turtle.
C. Florida Scrub Jay. H3bit3t prosorv3tion for tho Florida scrub jay (/\pho!ocoma
coeru!osGORS) shall conform to the guidelines contained in Tochnical Roport ~Jo.
8, Florida Game and Fresh Water Fish Commission, 1991. The required
management plan shall alse provide for a maintenance program and specify an
appropriate fire or mechanical protocols to maintain the natural scrub
community. The plan shall also outline a public awareness program to educate
residents about the on-site preserve and the need to maintain the scrub
vegetation. These requirements shall be consistent with the UFWS South Florida
Multi Species Recovery Plan, May 1999.
D. Bald Eagle. For the bald eagle (Haliaeetus /eucocepha/us), the required habitat
management plans shall establish protective zones around the eagle nest
restricting certain activities. The plans shall also address restricting certain types
of activities during the nesting season. These requiremonts sh311 be consistent
'....ith the UFWS South Florida Multi Species Recovor; Pl3n, M3Y 1999.
E. Red cockaded woodpecker Red-Cockaded Woodpecker. For the red-cockaded
woodpecker (Picoides borealis), the required habitat protection plan shall outline
measures to avoid adverse impacts to active clusters and to minimize impacts
to foraging habitat. Where adverse effects can not be avoided, measures shall
be taken to minimize on-site disturbance and compensate or mitigate for impacts
that remain. These requirements shall be consistent with tho UFIJ'/S South
Florida Multi Species Recovery Plan, May 1999.
F. Florida bl3ck be3r Florida Black Bear. In areas where the Florida black bear
(Ursus arnericanus f1oridanus) may be present, the management plans shall
require that garbage be placed in bear-resistantJ*69f containers, at one or more
central locations. The management plan shall also identify methods to inform
local residents of the concerns related to interaction between black bears and
humans. Mitigation for impacting habitat suitable for black bear shall be
considered in the management plan.
G. Panther. For projects located in Priority I 3nd Priority II Panther Habitat 3re3S
Primarv and Secondarv zones, the management plan shall discourage the
destruction of undisturbed, native habitats that are preferred by the Florida
panther (Felis con c%r caryl) by directing intensive land uses to currently
disturbed areas. Preferred habitats include pine flatwoods and hardwood
hammocks. In turn, these areas shall be buffered from the most intense land
uses of the project by using low intensity land uses (e.g., parks, passive
recreational areas, golf courses). Golf courses within the RFMU district shall be
designed and managed using standards found in that district. The management
plans shall identify appropriate lighting controls for these permitted uses and
shall address the opportunity to utilize prescribed burning to maintain fire-
adapted preserved vegetative communities and provide browse for white-tailed
deer. Thoso requiremonts shall be consistent with tho UFWS South Florida
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Multi Specim: Recovory Plan, May 1999, and with the provision>: set forth in this
soction.
H. West Indian Manatee. The management and protection ~ requirements
based upon the Manatee Protection Plan for the West Indian Manatee manatee
(Trichechus manatus) are set forth in section 5.05.02.
(Ord. No. 05-27. 93.J)
3.04.03 Reauirements for Protected Plants
When habitat containinq the followinq listed plants is proposed to be impacted. plants listed as
Rare and Less Rare (below) shall be relocated to on-site preserves if the on-site preserves are
able to support the species of plants. Relocation of epiphytic species of plants listed as Rare
and Less Rare (below) shall only be required for plants located within eiqht feet of the qround.
Plants listed as Less Rare shall be relocated to the on-site preserves only if the preserves do
not already contain these species. When available. only two plants per species per acre of
plants listed as Less Rare are required to be relocated. UP to a maximum of ten plants per
species per preserve. When available. seed from Tillandsia may be transferred to trees in lieu
of relocation of plants. Other than for Tillandsia. the species of plants listed below may be
planted within preserves from nurserv qrown stock in lieu of relocation. Sites infested with
exotic species of Metamasius weevil which feed on Tillandsia. shall not be allowed to relocate
Tiflandsia species. Plants listed in this section shall not require the land in which they are
located to be placed in a preserve.
Rare Plants:
Cowhom orchid
Curtiss's milkweed
Florida clamshell orchid
Ghost orchid
West coast prickly apple
Cvrtopodium punctatum
Asc/epias curtissii
Encvclia coch/eata
Po/vrrhiza lindenii
Harrisia qracilis
Less Rare Plants:
Butterfly orchid
Giant wild-pine
Inflated wild-pine
Stiff-leaved wild-pine
Twisted air plant
Encvclia tampensis
Tillandsia utricu/ata
Tiflandsia ba/bisiana
Tillandsia fascicu/ata
Tillandsia f/exuosa
Where c1earinq of veqetation is needed for habitats requirinq fire or for activities needed to
simulate fire. epiphytic plants listed above should not be relocated into these habitats. Epiphytic
plants may be removed from preserves if located on veqetation required to be removed as part
of an approved preserve manaqement plan.
3.04.03 3.04.04 Penalties for Violation: Resort to Other Remedies
Violation of the provisions of this section or failure to comply with any of its requirements
shall constitute a misdemeanor. Any person or firm who violates this section or fails to comply
with any of its requirements shall upon conviction thereof be fined. or imprisoned, or both. as
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provided by law. Each day such violation continues shall be considered a separate offense.
Each taking of a gopher tortoise shall constitute a separate violation. It is not the intent to
include tortoises that may be accidentally injured or killed during an approved relocation
procedure that is done by a qualifiod consultant FFWCC permitted Authorized Gopher Tortoise
Relocation Aaent, in accordance with their protection/management plan. Any other person, who
commits, participates in, assists in, or maintains such violation may each be found guilty of a
separate offense and suffer the penalties herein provided. The county, in addition to the
criminal sanctions contained herein, may take any other appropriate legal action, including but
not limited to injunctive action, to enforce the provisions of this section.
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LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT:
Engineering and Environmental Services Department
AMENDMENT CYCLE: 2009 Cycle
LDC PAGE: LDCI:35
LDC3:28.1- LDC3:28.2
LDC SECTION(S): 1.08.02 Definitions
3.05.07 Preservation Standards
CHANGE: Revise the "native vegetation definition" in accordance with the new definition
adopted with the EAR-based GMP amendment to Conservation and Coastal Management
Element (CCME) Policy 6.1.1 (1).
Clarify how the "native vegetation definition" is applied to partially cleared sites with native
trees, and where the understory which has been converted to lawn or pasture.
Clarify single-family preserve setback requirements.
Revisions to address concerns of stakeholders
Add exceptions to the native vegetation retention standards for clearing associated with public
roadways, existing access and utility easements, and previously cleared areas for support of
public infrastructure.
REASON: The change in "native vegetation definition" is required as part of the EAR-based
GMP amendment to CCME Policy 6.1.1 (1). Policy 6.1.1 (I) states the following
(underlined/strike through version provided):
"For the purpose of this policy, "native vegetation" is defined as a vegetative community having
+,)-25% or less more canopy coverage or highest existing vegetative strata of melal,mca or otner
invasive exotic native plant species. The vegetation retention requirements specified in this
policy are calculated based on the amount of "native vegetation" that conforms to this
definition."
Currently the LDC or GMP contain no criteria on how the native vegetation definition is applied
to partially cleared sites with native trees and where the understory has been converted to lawn or
pasture, thereby requiring staff to apply the definition on a project by project basis based on
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canopy coverage or vegetation count. Identifying these areas as native vegetation requires all
missing strata be replanted, if the areas are used to satisfy the native vegetation retention
requirement of the GMP and LDC. Some stakeholders argue that this penalizes property owners
who have left trees in place for shade or other reasons. Clarifying how this type vegetation will
be retained will help both staff and applicants during the pennitting process.
In order to address these concerns, stakeholders have proposed requiring native trees to be
retained in instances where the understory has been cleared and converted to lawn or pasture. The
benefit of retaining these native trees would be retained without applying the more strict
requirements for preserves. To address the concerns of the stakeholders, staff has included two
categories in the amendment for identifying native vegetation; native vegetative communities and
native trees. Identifying native vegetation into these two type categories is also how Lee County
addresses this requirement.
In recognition that native vegetative communities do contain naturally occurring open areas with
little or no vegetation and that some species of wildlife use these areas, fire and fuel breaks
within preserves have been identified as counting towards the minimum native vegetation
retention requirement for the County, provided that these areas are kept to a minimum necessary
in accordance with standard forestry practice. This has been added in the amendment to address
the concerns of stakeholders for managing fire within preserves located adjacent to homes and
other structures. The LDC currently required 80 percent vegetative coverage for created preserves
and supplemental plantings within preserves, within a 2 year period following initial planting and
to be maintained in perpetuity.
Change made to clarify single-family preserve setback requirements. Unless otherwise required
in the RFMU District, single-family residences are exempt from the native vegetation retention
requirements and from having on site preserves, but not from preserve setback requirements.
Exceptions have been added to the native vegetation retention standards, for clearing associated
with public roadways, existing access and utility easements, previously cleared areas for support
of public infrastructure, and vegetation used for landscaping. This is in keeping with the intent of
CCME Policy 6.1.1 (II). Policy 6. 1.1 (11) states the following:
Right of Way acquisitions by any governmental entity for all purposes necessary for roadway
construction, including ancillary drainage facilities, and including utilities within the right of way
acquisition area, shall be exempt from mitigation requirements.
FISCAL & OPERATIONAL IMPACTS:
How the native vegetation definition is applied will have a direct affect on the amount and of
native vegetation required to be retained on site and in turn affect on the amount of land which
can be developed. On the other hand, retained native vegetation within developments has esthetic
value and often enhances property values.
Creating a separate category for retention of native trees will enable the County and property
owner to retain existing native trees where only native trees occur on a property. This will relieve
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the property owner of the burden of having to restore the property to its original condition and
from the more stringent requirements for preserves (native vegetative communities).
RELATED CODES OR REGULATIONS: None affected.
GROWTH MANAGEMENT PLAN IMPACT:
Changes made to address EAR-based GMP amendments to CCME Policies 6.1.1 (1) and 6.1.1
(11).
OTHER NOTES/VERSION DATE: Created August 12,2009.
Amend the LDC as follows:
1.08.02 Definitions
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Vegetation, native: Native vegetation means native southern Floridian species as
determined by accepted valid scientific references such as those listed identified in section
4.06.05G. Where this Cese refers to, or requires retentien of, existing native vogetation, the
term native vegetation is further sefined as a vogetative community having 75% or locs canepy
coverage of melaleuca er other invasive exotic plant species.
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3.05.07 Preservation Standards
All development not specifically exempted by this ordinance shall incorporate, at a
minimum, the preservation standards contained within this section.
A. General standards and criteria. The followinq criteria shall be used to administer
the preservation standards in all unincorporated areas of the Countv.
1. Native veqetative communities. The preservation of native vegetation
shall include all naturallv occurrinq strata includinq canopy, under-story
and ground cover emphasizing the largest contiguous area possible,
except as otherwise provided in cection 3.05.07 H.1.e. The term native
veqetation is further defined as a veqetative communitv havinq 25
percent or more canopv coveraqe or hiqhest existinq veqetative strata of
native plant species. In the absence of other native strata. herbaceous
veqetation not tvpicallv associated with the re-qrowth of native veqetative
communities. commonlv known as weeds. shall not be considered native
veQetation for the purpose of preservation.
2. Native trees. Where a propertv has been leqallv cleared and onlv native
trees remain and the native qround cover replaced with lawn or pasture.
then onlv the native trees shall be retained. The percent requirement of
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native trees reauired to be retained shall be bv tree count based on the
percent reauirement for native veQetation pursuant to 3.05.07 B. Onlv
trees with an 8 inch DBH or areater. or palms with a minimum of 8 foot of
clear trunk. shall be used in calculatina this reauirement. Native slash
pine trees shall be retained in clusters. if the trees occur in clusters. with
no encroachment (soil disturbance) within the drip line or within 30 feet of
the trunk. whichever is areater. of anv slash pine or hardwood tree.
Encroachment within these distances shall reauire evaluation bv an
arborist to help insure survival of the trees. Trees which die shall be
replaced with 10 foot hiah native canopv trees on a one for one basis.
Native trees with a DBH of two feet or more shall be replaced with three
10-foot hiah native canopv trees. Areas of retained trees shall not be
subiect to the reauirements of 3.05.07 H.
Where trees cannot be retained. the percent reauirement of trees shall
be made UP elsewhere on-site with trees planted in clusters utilizina 10
foot hiah native canopv trees planted on a one for one basis. Where
native trees with a DBH of two feet or more cannot be retained. a
minimum of three 10-foot hiah native canopv trees shall be planted per
tree removed of this size. Trees planted to satisfv this reauirement shall
be planted in open space areas eauivalent in size to the area of canopv
of the trees removed. This planted open space shall be in addition to the
area used to satisfv the minimum landscape reauirements pursuant to
4.06. In lieu of usina actual canopy coveraae, the followina averaae
diameter for tree canopies may be used to calculate canopy coveraae of
existina trees: slash pine 40 feet, cypress 25 feet. live oak 60 feet and
cabbaae palm 10 feet. Open space areas not normallv planted with trees.
such as stormwater retention areas or lake banks not planted to meet the
LSPA reauirement. may be used to satisfv this reauirement. Trees
planted to satisfy this reauirement shall be set back a minimum of 30 feet
from principal structures and impervious parkina areas.
~~. Areas that fulfill the native vegetation retention standards and criteria for
native veaetative communities of this Section shall be set aside as
preserve areas, subject to the requirements of section 3.05.07 H. ~
f(lmily resiElences (Ire mmmpt from the requirements of section d.08.07 H.
d1. Native vegetation to be retained as preserve areas shall be selected in
such manner as to preserve the following, in descending order of priority,
except to the extent that preservation is made mandatory in sections
3.05.07 F.3, and 3.05.07 G.3.cr.:
a. Wetland or upland areas known to be utilized by listed species or
that serve as corridors for the movement of wildlife;
b. Xeric Scrub, Dune and Strand. Hardwood Hammocks;
c. Onsite wetlands having an accepted functionality WRAP score of
at least 0.65 or a Uniform Wetland Mitigation Assessment Score
of at least 0.7;
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d. Any upland habitat that serves as a buffer to a wetland area as
defined in section 3.05.07 A.3.c above;
e. Dry Prairie, Pine Flatwoods; and
f. All other native habitats.
49.. Preservation areas shall be interconnected within the site and to adjoining
off-site preservation areas or wildlife corridors.
5. To tho greatest extent possible, native vegetation, in quantities :md
types set f.orth in section 4.0s.00, shall be incerporateG into lanGscape
designs in orGcr to promote tho presorvation of native plant communitios
anG to encourago water conservation.
6. Where veoetation has been leoallv cleared. the amount of native
veoetation used to calculate the preservation reouirement will be that
amount present at the time of development order or land use petition
application. Where veoetation has been illeoallv cleared. the amount of
native veoetation used to calculate the preservation re~uirement will be
that amount present at the time prior to the illeoal clearino. Criteria to
determine the process and criteria for the clearino are found in Sections
10.02.06 and 3.05.05.
a. Re-creation of native veoetation shall not be reouired when any
one of the followino criterion is met:
i. The parcel was issued a County permit to clear veoetation
and remains cleared of native veoetation.
ii. The parcel was issued a County permit to clear veoetation
for aoricultural purposes prior to July 1993 (the date at
which the 10 year aoricultural clearino rezone limitation
previously identified in the GMP is achieved) and which
remains cleared of native veoetation.
iii. If no c1earino permit can be found. demonstrations of
continuous bona fide aoricultural operation alono with
issuance of an after-the-fact aoricultural c1earino permit
from the County will be evidence of leoal clearino.
Demonstrations of continuous bona fide aoricultural
activities may include aoricultural classification records
from the property appraiser's office; and may be supported
by dated aerial photooraphs; occupational license for
aoricultural operation; SFWMD consumptive use permits
for the onooino aoricultural use or other information such
as sworn testimony from previous owners which
establishes the commencement date and the location of
the aoricultural operation. The rezone limitation pursuant
to 10.02.06 shall apply.
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7. Unless otherwise reauired in the RFMU District. sinale-family residences
shall be exempt from the native veaetation retention reauirements and
from havina on site preserves. Setbacks to preserves shall be in
accordance with 3.05.07 H.
8. Development standards pursuant to section 4.02.14 shall apply to all
development. includina sinale-family. within the ACSC.
9. Created preserves are allowed subiect to the criteria in 3.05.07 H.
10. Fire and fuel breaks within preserves. kept to the minimum necessarv in
accordance with standard forestrv practice. shall count towards the
minimum native veaetation retention reauirement.
B. Specific standards applicable outside the RFMU and RLSA districts. Outside the
RFMU and RLSA Districts, native vegetation shall be preserved on-site through
the application of the following preservation and vegetation retention standards
and criteria, unless the dovolopmont occurs within the ^CSC where tho ^CSC
standards reforenced in the Future L::md Usa Eloment shall apply. This Section
shall not apply to single family dwelling units situated on individual lots or
parcels.
1. Required preservation.
Development Type Coastal High Non-Coastal High
Hazard Area Hazard Area
Less than 10% Less than 5 10%
2.5 acres acres
Equal to or Equal to or
greater 25% greater than 5 15%
Residential and Mixed acres and less
Use development than 2.5 than 20 acres
acres
Equal to or 25%
greater than
20 acres
Golf Course 35% 35%
Less than 5 10% Less than 5 10%
Commercial and acres acres
Industrial development Equal to or
and all other non- Equal to or
speCified development greater 15% greater than 5 15%
types than 5
acres
acres
Industrial development 50%. not to 50%. not to exceed
(Rural-Industrial District exceed 25% of the 25% of the project
only) project site site.
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2. Exceptions. An exception from the vegetation retention standards above
shall be granted in the following circumstances:
a. where the parcel was legally cleared of native vegetation prior to
January 1989 and remains cleared of native veaetation;
b. where the parcel cannot reasonably accommodate both the
application of the native vegetation retention standards and the
proposed uses allowed under this Code, subject to the criteria set
forth in section 3.05.07(H)(1 )(e).
c. Riqht-of-wav acquisitions bv any qovernmental entity for all
purposes necessarv for roadway construction. includinq ancillarv
drainaqe facilities. and includinq utilities within the riqht-of-wav
acquisition area.
d. Existinq utility easements and easements for inqress or eqress
required for neiqhborinq properties.
e. Previouslv cleared parcels for support of public infrastructure. and
which remain cleared of native veaetation.
f. Trees and other veqetation planted for landscapinq and which
have not been used to satisfy the native veqetation preservation
requirement.
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LDC Amendment ReQnest
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT:
Engineering and Environmental Services Department
AMENDMENT CYCLE: 2009 Cycle
LDC PAGE: LDC3:35 - LDC3:36
LDC SECTION(S): 3.05.07 Preservation Standards
CHANGE: Include language to encourage the largest contiguous area possible when
establishing preserves.
REASON: Implement the requirements of GMP Conservation and Coastal Management
Element (CCME) Policy 6.1. 1 (2). CCME Policy 6.1.1 (2) states the following (underlined/strike
through version provided to identify changes adopted with the EAR-based GMP amendments):
"The preservation of native vegetation shall include canopy, under-story and ground cover
emphasizing the largest contiguous area possible, which mav include connection to offsite
preserves. The purpose for identifving the largest contiguous area is to provide for a core area
that has the greatest potential for wildlife habitat bv reducing the interface between the preserve
area and development which decreases the conflicts from other land uses. Criteria for
determining the dimensional standards of the preserve are to be set out in the Land Development
Code."
The proposed language to discourage "thin linear and perimeter "picture frame-shaped"
preserves" has been proposed by one of the stakeholders. During the 2008 LDC amendment
cycle, staff proposed establishing a minimum length to width ration for preserves, which the
CCPC determined as not meeting the intent of the GMP.
FISCAL & OPERATIONAL IMPACTS: Selection of preserves is a part of the planning
process for development and their location will have an effect on the design of a project. During
planning of a site, project planners first identify the natural features and constraints for a site and
work with these in designing the project. Natural amenities of a site are often selling points
which enhance the overall appearance of a project and property values within the development
and surrounding community. This is particularly evident for larger scale projects with well
managed preserves of significant size.
Smaller projects and those which are more intensely developed are affected more by site
constraints. Smaller projects often propose establishing preserves around the perimeter of a
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project to double as a landscape buffer, in order to maximize development of a site. Although
these buffer-shaped preserves look nice, at least initially, they tend to lose species composition
over time mainly due to incompatible land uses on the adjoining property. In time, less tolerant
species of plants die and are replaced with more tolerant species, such as those used for
landscaping, and the preserve looks and functions more like a planted landscape buffer rather
than a native vegetative community. These linear buffer-shaped preserves are also not consistent
with the intent of CCME Policy 6.1.1 (2), to reduce of the interface between the preserve and
other land uses.
In recognition that smaller projects and those with more intense land uses have more site
constraints, off-site preserve criteria have been identified and included in this LDC amendment
cycle. The off-site preserve LDC amendment will allow property owners to request that all or a
portion of the native vegetation retention requirement be allowed offsite in lieu of preserving
native vegetation on-site, under certain criteria. Additional up front costs will be incurred upon
the applicant to exercise the off-site alternatives, but those that do will be able to develop more of
their property, and no maintenance of on-site preserves would be required.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR-based GMP
amendment to CCME Policy 6.1.1 (2).
OTHER NOTES/VERSION DATE: Created August 24, 2009.
Amend the LDC as follows:
3.05.07 Preservation Standards
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H. Preserve standards.
1. Design standards.
a. Identification. Native vegetation that is required to be preserved
or mitigated pursuant to 3.05.07 A. through F. shall be set-aside in
a Preserve and shall be identified in the following manner:
i. The Preserve shall be labeled as "Preserve" on all site
plans.
ii. The Preserve shall be identified at the time of the first
development order submittal. If the development is a
PUD, the Preserve shall be identified on the PUD Master
Plan, if possible. If this is not possible, a minimum of 75%
of the preserves shall be set-aside on the PUD Master
Plan with the remaining 25% identified at the time of the
next development order submittal.
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iii. The Preserve shall be identified at the time of the first
development order submittal.
b. Minimum dimensions. The minimum .....idth of the pr-ecerve shall
9&. Thin linear and perimeter "picture frame-shaped" preserves
are discouraqed. unless such preserve shapes are dictated bv
environmental or environmental requlatorv considerations.
Connections to other preserves. conservation areas. natural
flowways. natural water bodies. water manaqement lakes.
estuaries. qovemment owned or tarqeted lands for preservation
purposes or existinq listed wildlife habitat. when present. is
encouraqed to establish the larqest contiquous natural area
possible.
The followinq minimum widths shall apply.
i. twenty feet. for property less than ten acres.
ii. an average of thirty feet in width but not less than twenty
feet in width. for property equai to ten acres and less than
twenty acres.
iii. an average of fifty feet in width but not less than twenty
feet for property of twenty acres and greater.
iv. If the existinq native veqetation does not meet the
minimum dimensions specified above and is required to be
preserved pursuant to the preserve selection criteria in
section 3.05.07. then the existinq native veqetation may be
used to satisfy the preservation requirement.
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LDC Amendment Reauest
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT: Engineering and Environmental Services Department
AMENDMENT CYCLE: 2009 Cycle
LDC PAGE: LDC3:36 ~ LDC3:38
LDC SECTION(S): 3.05.07 Preservation Standards
CHANGE: Amend criteria for the creation and restoration of native vegetation.
Include criteria for off-site native vegetation retention alternatives.
REASON: The amendment for creation and restoration of native vegetation is required by the
EAR-based GMP amendment to CCME Policy 6.1.1 (12). Policy 6. 1 . 1 (12) states the following:
"Although the primary intent of this Policv is to retain and protect existing native vegetation,
there are situations where the application of the retention requirements of this Policv is not
possible. In these cases, creation or restoration of vegetation to satisfv all or a portion of the
native vegetation retention requirements mav be allowed. Within one vear of the effective date
of these amendments. the County shall adopt land development regulations to determine the
circumstances for when creation or restoration is allowed and to specify criteria for creation and
restoration."
The amendment for off-site native vegetation retention alternatives is required by the EAR-based
GMP amendment to CCME Policy 6.1.1 (10). Policy 6.1.1 (10) states the following:
"Within one year of the effective date of these amendments, the County shall adopt land
development regulations that allow for a process whereby a property owner may submit a petition
requesting that all or a portion of the native vegetation preservation retention requirement to be
satisfied by a monetary payment, land donation that contains native vegetative communities
equal to or of a higher priority as described in Policy 6.1.1 (4) than the land being impacted, or
other appropriate method of compensation to an acceptable land acquisition program, as required
by the land development regulations. The monetary payment shall be used to purchase and
manage native vegetative communities off-site. The land development regulations shall provide
criteria to determine when this alternative will be considered. The criteria will be based upon
the following provisions:
a. The amount, type, rarity and quality of the native vegetation on site:
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b. The presence of conservation lands adioining the site;
c. The presence of listed species and consideration of Federal and State agency technical
assistance;
d. The type of land use proposed, such as, but not limited to, affordable housing;
e. The size of the preserve required to remain on site is too small to ensure that the
preserve can remain functional; and
f. Right of Way acquisitions for all purposes necessarv for roadway construction,
including ancillarv drainage facilities, and including utilities within the right of way
acquisition area.
The land development regulations shall include a methodology to establish the monetarv value,
land donation, or other appropriate method of compensation to ensure that native vegetative
communities not preserved on-site will be preserved and appropriately managed off-site. "
FISCAL & OPERATIONAL IMPACTS: Limiting the amount of native vegetation that can be
created on a site may affect site planning and consequently may have a financial affect on
applicants (both government and private) who want to develop their property. This is particularly
true for sites with more site constraints. Off-site alternatives to the on-site native vegetation
retention requirement will allow applicants to develop more of their property. Additional costs
will be incurred by the applicant to exercise the off-site alternatives, but those that do will be able
to develop more of their property.
The following is an estimate on what it costs to create native vegetation in preserves according to
County standards, as provided by a consultant who has done this work before in the county.
Actual costs will vary due to market conditions, contract negotiations, etc.
. "Clearing & grubbing of vegetative sites can cost +/- $3.500.00 per acre if you are
allowed to burn the debris onsite. The costs will increase to +/- $8.500.00 per acre if you
have to haul the debris to an offsite landfill. Clearing & grubbing of fallow farm fields will
probably cost +/- $1,200 - $1,500.00 per acre. This cost is assuming that there is
minimal debris that can be either be burned or buried, and discing may also be used to
replace grubbing.
. Contouring & final grading is hard to give an actual estimate without knowing elevations
and actual CY of dirt that will be moved. Another factor that will influence the costs is if
fill needs to be imported or exported from the site. and the distance that is traveled to do
so. But. to scrape and stockpile the topsoil it will cost +/- $0.25 - $0.50 per SF. In
addition, you typically see a cost of $1.50 - $2.50 per CY for spreading and/or pushing
fill around a site. Final grading will vary due to extent of contouring required. but that
cost is similar to stockpiling the topsoil.
. Tree installation based on Collier County LOC requirements will run +/- $325.00 per
tree. Per acre. you are required to install +/- 48 trees based on 30 foot spacing
($15,600.00 per acre). The unit pricing can be comparable to all the trees I will list. For
created wetlands you will typically see bald cypress (dominant species). red maple and
dahoon holly's installed. For uplands you commonly see slash pine (dominant species).
live oak and red maples.
. Shrub installation based on Collier County LOC requirements will run +/- $50.00 per unit.
Per acre you are required to install +/- 1.742 shrubs based on five foot spacing
($87.100.00). Typical shrub species for wetlands are wax myrtle. button bush and
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fetterbush. In uplands you can see installation of gallberry, fetterbush, wax myrtle,
myrsine and saw palmetto. Please note that the $50.00 per shrub doesn't account for
using saw palmetto. Saw palmetto at 7 gallon size will run you +/- $75.00 - $125.00 per
unit. They are usually smaller than typical 7 gallon shrubs and it is usually hard to locate
large quantities of saw palmetto in that size.
. Groundcover installation based on Collier County LOC requirements will run +/- $3.00
per unit. Per acre, you are required to install 4,840 units at 3 foot spacing ($14,520.00).
In wetlands you can use swamp fern, cinnamon fern, royal fern, pickerelweed, saw
grass or blue flag iris. Upland groundcover can consist of wire grass, fakahatchee grass,
cordgrass or even st. john's wort."
Note: The number of plantings each for groundcovers, shrubs and trees in the estimate listed
above will roughly be reduced by two-thirds since all three strata (groundcovers, shrubs and
trees) will be planted, but with different spacing requirements for each strata.
In consideration of the above and from input received from environmental consultants in the
area, staff is proposing the following changes. Changes proposed have been made to improve the
overall success of preserves which are created. Per direction received from the Planning
Commission during the 2008 LDC amendment cycle, no changes have been made to the criteria
for when created preserves are allowed other than for a single correction and the addition of
criteria from input received from stakeholders.
In general plant material within preserves are more successful when installed in smaller sizes,
provided the plants are large enough initially to become established and be able to compete with
vegetation present within the preserve. Slash pines, in particular have a higher success rate when
planted in smaller sizes. Availability of larger plant material is another factor, especially for
species like saw palmetto, slash pine and mangroves. Although smaller sizes are proposed in
some instances, size specifications for created preserves are in keeping with GMP CCME Policy
6.1.1 (7) and with prior direction by the BCC, to use larger plant materials to more quickly re-
create the lost vegetation after a site has been cleared. The proposed use of different size canopy
trees creates a more natural type environment, as even age stands of trees typically do not occur
in nature. Reducing the required size of canopy trees from fourteen feet to ten, eight and six feet
should also eliminate the need for staking of planted trees within preserves. Smaller size trees
will be less expensive overall for the applicant to purchase and install.
Reducing the coverage requirements for canopy and mid-story vegetation for scrub and slash
pine dominated environments has been proposed, to mimic natural conditions in these
environments. Planting requirements for ground covers have been increased for species which
are small in stature or which do not spread by rhizomes or creeping stems, to give the bare soil a
faster period of recovery and to suppress the growth and occurrence of weeds. This is particularly
important since canopy and mid-story requirements have been lessened to promote more natural
conditions and the growth of ground covers. Only those strata naturally found in the plant
community to be created are required to be planted in this amendment. Current Code requires all
three strata (trees, shrubs & ground covers) to be planted.
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The amendment also proposes to require the use of naturally occurring soils within preserves.
Restoration projects often fail or respond poorly on fill dirt which has been excavated due to the
composition of subsurface fill material. The composition of the sand, PH and presence of organic
material all make naturally occurring soils better suited for establishment of a native plant
community. If not already present within the preserve, additional cost will be incurred upon the
developer to stockpile or purchase compatible soil for use in the preserve. Savings will be gained
in the long run on the part of the applicant or homeowners' association in not having to replace
plant material and possibly excavated fill dirt, within preserves which have failed.
A method of providing water within created preserves until the plants are established has been
included in the amendment. Methods of watering are left up to the applicant and would only be
required in uplands or wetlands with extended dry periods and only until the plantings are
established. Additional cost will be incurred on the part of the applicant to insure planted
material is adequately watered. The cost of replacing plants that do not survive due to lack of
water could also potentially occur.
Changes have also been recommended with regards to size plant material for supplemental
planting within preserves. Since smaller size plant material is generally more successful for
restoration projects, staff recommends that the size plantings permitted by the South Florida
Water Management District (SFWMD) and U.S. Army Corps of Engineers (ACOE) be accepted
to fulfill the supplemental planting requirements within County required preserves. Current Code
required plants larger than that allowed by state and federal permitting agencies. Where County
required preserves do not fall within the jurisdiction of the SFWMD or USACOE, or where
uplands are not required by these agencies to be planted, criteria have been left in the Code to
address these circumstances. Plant sizes proposed are comparable to those generally permitted by
the State and Federal permitting agencies. Accepting State and Federal supplemental planting
requirements for County required preserves will save time on the part of staff in reviewing
projects, since the planting criteria will be the same. There will also be savings on the part of the
applicant in not having to install larger plant material.
Success criteria have been added to help insure that the preserves which are created or restored
are successful. Success must be demonstrated at five years from planting and the criteria for
determining success must be included in the monitoring report due at that time.
Off-site alternatives to the native vegetation retention requirement have been added to allow for
the purchase or donation of land off-site in lieu of preservation of native vegetation on-site. The
criteria for determining when this alternative is allowed, is based on the provisions identified in
CCME Policy 6.1.1 (10). Generally speaking, preserves which are smaller in size or those located
adjacent to more intense land uses, tend to become less viable over time due to fragmentation of
the habitat, uses on adjoining properties, and sensitivity of different types of native vegetation to
changes in the environment. Although some species of vegetation can survive indefinitely,
preserves impacted as such tend to look and function more like landscaping rather than a
preserves over time. Often plants, such as slash pine, die after a few years, depending on the type
of development and uses on adjoining properties. It is in these instances where the off-site
purchase or donation ofland is recommended in lieu of preservation of native vegetation on-site.
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In accordance with CCME Policy 6.1.1 (10), the type uses for the property and restrictions on
when the alternative can be used, have been considered.
During stakeholders meetings for environmental LDC amendments, stakeholders asked if an
amendment to a PUD or CU would be required in order to implement the off-site native
vegetation retention alternative for property with an existing PUD or CD. In a response from the
County Attorney Office it was indicated that language could be added to the proposed LDC
amendment to allow for the off-site native vegetation retention alternative without the need for
amending a PUD or CU, but that staff should consult with the Zoning and Land Development
Review Department Director to see what effect it may have on zoning. Upon meeting with the
Director of Zoning and Land Development Review Department, it was decided that the off-site
native vegetation retention alternative could be used to satisfy up to 25 percent of the native
vegetation retention requirement for a PUD, without the need for a PUD amendment, but only for
that portion of the native vegetation retention requirement not included on the PUD master plan.
Section 3.05.07 H.I.a.ii of the LDC currently requires a minimum of 75 percent of the native
vegetation retention requirement to be shown on a PUD master plan. It was decided that where
retained native vegetation is identified on a PUD or CU site plan, amendments to these site plans
would be required, since elimination of the on-site native vegetation retention requirement may
have an effect on decisions made during review of these petitions.
According to the Collier County Community Development and Environmental Services Fee
Schedule approved by the BCC on April 28, 2009, the following fees have been adopted for PUD
and CU amendments. Since native vegetation retention requirements are sometimes also included
in the text of the PUD document as well as on the PUD site plan, fees for amending these
development orders will vary depending on the extent of changes needed. The amount (acreage
and percent) of preserve affected will also determine the type of amendment required.
Conditional Use Permit $4,000.00, when filed with a Rezone Petition ($1,500.00) Additional fee
for 5th and subsequent reviews - 20 percent of original fee
Planned Unit Development Amendment - Insubstantial (PDI) $1,500.00 requires a hearing by the
CCPC only for a minor change to the PUD Master Plan
Planned Unit Development Amendments (PUDA) $6,000.00 plus $25.00 an acre or fraction of
an acre. (Substantial changes to the text and Master Plan), Additional fee for 5th and subsequent
reviews - 20 percent of original fee. Text changes that do not impact the Master Plan $6,000.00
(the $25.00 an acre fee will not apply). Amendments deemed to be minor in nature that is
requiring minor strike thru and underline amendments of no more than 10 different lines of text
changes in the PUD will be capped at $9,000.00. Any amendment which includes a map and text
change will be assessed the full fee (no cap).
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: The adoption of Land Development Code
regulations to specify the criteria and to determine the circumstances when creation or restoration
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native vegetation is allowed is required as part of the EAR-based GMP amendment to CCME
Policy 6.1.1 (12).
"Off-site native vegetation retention alternatives" are required as part of the EAR-based GMP
amendment to CCME Policy 6.1.1 (10).
OTHER NOTESfVERSION DATE: Created August 24,2009.
Amend the LDC as follows:
3.05.07 Preservation Standards
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H. Preserve standards.
1. Design standards.
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e. Created preserves. Althouqh the primarv intent of GMP CCME
Policy 6.1.1 is to retain and protect existinq native veqetation,
there are situations where the application of the retention
requirements of this Policy is not possible. In these cases,
creation or restoration of veqetation to satisfy all or a portion of
the native veqetation retention requirements may be allowed. In
keepinq with the intent of this policy, the preservation of native
veqetation off site is preferable over creation of preserves.
Created Preserves shall be allowed for parcels that cannot
reasonably accommodate both the required on-site preserve area
and the proposed activity.
i. Applicability. Criteria for determininq when a parcel cannot
reasonably accommodate both the required on-site
preserve area and the proposed activity allowing croated
preserves include:
(a) Where site elevations or conditions requires
placement or removal of fill thereby harming or
reducing the survivability of the native vegetation in
its existing locations;
(b) Where the existing vegetation required by this
policy is located where proposed site
improvements are to be located and such
improvements cannot be relocated as to protect the
existing native vegetation;
(c) 'Nhere RiJtive preservation requirements cannot be
accommodiJled, the landscafJe plan shall ro croate
iJ nati'/o plant community in iJlIlhree str:lla (ground
covere, shrubs and troos), utilizing larger pl:lnt
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materials so as to more quickly re create the lost
mature vegetation. These aroas shall be identified
as creatod preserves. To provide for floodplain
compensation as required by the LDC.
(d) When a State or Federal permit requires creation
of native habitat on site. The created preserve
acreage may fulfill all or part of the native
vegetation requirement when preserves are
planted with all three the appropriate strata; using
the criteria set forth in Created Preserves. This
exception may be granted, regardless of the size of
the project.
(e) When small isolated areas (of less than 1/2 acre in
size) of native vegetation exist on site. In cases
where retention of native vegetation results in small
isolated areas of 1/2 acre or less, preserves may
be planted with all three strata; using the criteria
set forth in Created Preserves and shall be created
adjacent existing native vegetation areas on site or
contiguous to preserves on adjacent properties.
This exception may be granted, regardless of the
size of the project.
(f) When an access point to a project cannot be
relocated. To comply with obligatory health and
safety mandates such as road alignments required
by the State, preserves may be impacted and
created elsewhere on site.
(q) To provide for connections to on or off site
preserves.
(h) In the RFMU District where upland buffers required
by the LDC, lack native veqetative communities.
ii. Roquired Planting CriteriQ:
(a) Where created proserves are approved, the
landscape plan shQII re create Q native plant
community in all three strata (ground cover, shrubs
and trees), utilizing IQrger plant matorials so as to
more quickly re create the lost maturo vegetation.
Such re vegetation shall QPply the standards of
soction 4.06.05 C. of this Code, and include the
following minimum sizes: one gallon ground cover;
sovon (7) gallon shrubs; fourteen (14) foot high
troos with Q seven foot crown spread and a dbh
(diameter at breast height) of throo inches. The
spacing of the plQntG Ghall be as follows: twenty to
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thirty foot on center for trees .....ith a small canopy
(less than dO ft. mature spread) and forty foot on
center for treos .....ith a large canopy (greator th:m
30 ft. mature sproad), five foot en centor for shrubs
and threo foot on centor for ground covers. Plant
material shall be planted in a manner that mimics a
natural plant community and shall not bo
maint3inod as landscaping. Minimum sizes for
plant material may be reducod for scrub and ethor
xoric habitats where smaller sizo plant matorial are
belter Guited for re establishment of the nativo
plant community.
iLtbJ Approved created preserves may be used to recreate:
illf-B not more than one acre of the required preserves if
the property has less than twenty acres of existing
native vegetation.
Q2~ not more than two acres of the required preserves
if the property has equal to or greater than twenty
acres and less than eighty acres of existing native
vegetation.
!<lta1 not more than 10% of the required preserves if the
property has equal to or greater than eighty acres
of existing native vegetation.
illf6j The minimum dimensions shall apply as set forth in
3.05.07H.1.b.
iYta1 All perimeter landscaping areas that are requested to be
approved to fulfill the native vegetation preserve
requirements shall be labeled as preserves and shall
comply with all preserve setbacks.
f. 1'.lIowablo supplemental plantings. Supplemental nativo plantings
in all throe stra13 may bo added to pr-eservo areas whero the
removal of nen n3tive and/or nuisance vogotation creates open
areas with lilllo or no native vogetation covor3ge. Plant matorial in
these restoration m03S shall meot the following minimum size
critoria: one gallon ground covers, three gallon shrubs 3nd six foot
high trees. Plant m3terial shall bo plantod in 3 manner that mimics
3 natural plant community 3nd shall not be maintained 3S
13ndscaping. Minimum sizes for pl3nt material may be reduGed for
scrub and othor )(eric habitats where smaller size plants matorial
are bolter suited for ro ostablishmont of the native plant
community.
v. Preparer of plantinq plans.
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The preparer of plantinq plans for preserves shall have
academic credentials and experience in the area of
environmental sciences or natural resource manaqement.
Academic credentials and experience shall be a bachelor's
or hiqher deqree in one of the bioloqical sciences with at
least two vears of ecoloqical or bioloqical professional
experience in the State of Florida.
vi. Plantinq requirements for created preserves.
Soils compatible with the habitat to be created shall be
used to create the preserve. Where compatible soils are
not present. a minimum of 6 to 8 inches of compatible soil
shall be used.
Where created preserves are approved. the plantinq plan
shall re-create a native plant communitv in all three strata
(qround cover, shrubs and trees). utilizinq larqer plant
materials so as to more quickly re-create the lost mature
veqetation. Environments which do not normally contain all
three strata shall only be required to plant the strata found
in the habitat to be created. Plant material shall be planted
in a manner that mimics a natural plant community and
shall not be maintained as landscapinq. Such re-
veqetation shall include the followinq minimum sizes: one
qallon qround cover: 7 qallon shrubs: canopy trees in the
followinq sizes: 25 percent at 10 feet. 50 percent at 8 feet
and 25 percent at 6 feet. Spacinq requirements for
calculatinq the number of plants shall be as follows: 20 to
30 foot on center for trees with a small canopy (less than
30 feet mature spread) and 40 to 50 foot on center for
trees with a larqe canopy (qreater than 30 feet mature
spread), 10 foot on center for shrubs. 3 foot on center for
qround covers which spread by rhizomes or creepinq
stems or which have a mature heiqht of 2 feet or more,
excludinq the bloom, and 2 foot on center for qround
covers with a mature heiqht of less than 2 feet. excludinq
the bloom. and which reproduce primarily by seed.
Minimum sizes for plant material may be reduced for scrub
and other xeric habitats in order to promote diversity or
where smaller size plant material is better suited for re-
establishment of the native plant community. Coveraqe of
pine and hardwoods in scrub habitats shall occupy no
more than the 70% of the area of a scrub preserve. in
order to create natural open areas for wildlife and native
qround covers. In south Florida slash pine dominated
environments, where fire is a concern. the amount of mid-
stOry veqetation planted may be reduced to promote the
qrowth of native qround covers, reduce the threat of
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wildfire and to promote use of the preserve bv listed
species.
Three qallon container saw palmetto (Serenoa revens)
mav be used in lieu of seven qallon containers. South
Florida slash pine (Pinus ellloWI vaL densa) trees mav be
planted in the followinq sizes: 25 percent at 6 feet and 75
percent at 4 feet. with a spacinq requirement of 40 feet on
center for calculatinq the number of slash pines to be
planted.
Manqrove trees mav be planted as three qallon size
containers but must be planted a minimum of five to seven
foot on center for calculatinq the number of manqroves to
be planted. if planted at this size. Ground covers in
estuarine and other aquatic environments mav be planted
as liners or bare root plants.
Upland or seasonallv wet preserves with extended drv
periods shall detail a method of providinq water until the
plants are established.
vii. Supplemental plantinq requirements within preserves.
Supplemental plantinqs in the strata required to restore the
habitat to its natural condition shall be added to preserves
where prior c1earinQ or disturbance. or the removal of non-
native and/or nuisance veQetation has created open areas
with little or no native veqetation. Plant materiai shall be
planted in a manner that mimics a natural plant communitv
and shall not be maintained as landscapinQ. Supplemental
plantinQs must be of the species tvpical of the native
habitats beinQ restored and take into consideration the
requirements of anv listed species usinQ the preserve.
Areas defined as "native veQetation" pursuant to this
section and required to be retained as preserves. shall
onlv be required to plant material in the sizes specified in
this subsection and not in the sizes required for created
preserves. Supplemental plantinQs within preserves shall
be in accordance with requirements specified in approved
state and federal permits for a proiect. Where not specified
in the State and Federal permits for a proiect.
supplemental plantinQs within Countv required preserves
shall adhere to the followinQ minimum standards: one
Qallon or liner Qround covers. three qallon shrubs and four
foot hiqh trees. Ground covers in aquatic environments
mav be planted as bare root plants.
Natural recruitment of native Qroundcovers mav be used in
areas where native qroundcovers would be expected to
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reqenerate on their own. If within a two-year period the
coyeraqe of qround coyers is less than that typically found
in environments containinq these species. then
supplemental plantinq with native qround covers or
distribution of native seed shall be required. A plantinq
plan with schedule for plantinq or distributinq native seed
shall be included as part of the preserve manaqement
plan. in case sufficient natural recruitment of qroundcovers
has not occurred.
Natural recruitment of south Florida slash pine (Pinus
elliottii vaL densa) may be used where south Florida slash
pine would be expected to reqenerate on their own. If
within a two-year period the number of pine seedlinqs is
less than that needed to reqenerate the habitat type. then
supplemental plantinq with south Florida slash pine or
distribution of south Florida slash pine seed shall be
required. A backup plantinq plan with schedule for plantinq
or distributinq seed shall be included as part of the
preserve manaqement plan. in case sufficient natural
recruitment has not occurred. South Florida slash pine
trees may be planted as seedlinqs in lieu of plantinq four
foot hiqh trees. for individual preserves 100 or more acres
in size.
Restoration of manqroves shall be with one to three qallon
container manqroves. unless otherwise permitted by State
and Federal permittinq aqencies.
Minimum sizes for plant material may be reduced for scrub
and other xeric habitats in order to promote diversity or
where smaller size plant material is better suited for re-
establishment of the native plant community. Coveraqe of
pine and hardwoods in scrub habitats shall OCCUpy no
more than the 70% of the area of a scrub preserve. in
order to create natural open areas for wildlife and
indiqenous qround covers.
viii. Success criteria.
Success shall be demonstrated for created preserves and
supplemental plantinq within preserves. 5 years after
installation of plant material and shall be included with the
monitorinq report. Before and after photos taken from
specific or permanent field markers to identify the locations
within the preserve shall be included in the above
mentioned monitorinq report. Demonstration of success
shall include the followinq.
a) Eiqhty percent veqetative coveraqe has been
attained within the preserve.
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b) Native veqetation is within the ranqe of species
diversity. density and distribution documented
within either reference sites or from literature
references for the specific habitat types.
c) Native veqetation characteristic of the habitat are
reproducinq in the veqetative or seedinq manner
tvpical of the species.
d) When permitted throuqh the Water Manaqement
District usinq UMAM. overall UMAM scores must
indicate that the preserves have attained or are
c1earlv trendinq toward the "with-mitiqation" scores
used to determine success.
f. Off-site veqetation retention.
i. Applicabilitv. A property owner may request that all or a
portion of the Collier County on-site native veaetation
preservation retention requirement be satisfied offsite for
onlv the followinq situations and subiect to restrictions
listed below.
a) Properties zoned commercial or industrial where
the on-site preserve requirement is less than 2
acres in size.
b) Park sites where the on-site preserve requirement
is less than one acre in size.
c) Essential service facilities other than parks. for
any size preserves.
d) Preserves less than one acre in size.
e) Affordable housinq proiects with a BCC approved
Affordable Housinq Densitv Bonus Aqreement. The
maximum percent of native veaetation retention
allowed offsite shall be no more than the percent of
affordable housinq units allowed under the
Affordable Housinq Densitv Bonus Aqreement
without limitation as to size of the preserve.
f) Existinq or proposed preserves with 75 percent or
more coveraqe with exotic veqetation. Existinq
preserves not previous Iv overrun with this type
veqetation and which arrive at this state due to lack
of manaqement of the preserve shall mitiqate off
site at a ratio of 2 to 1.
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0) Created preserves which do not meet the success
criteria in 3.05.07 H.1.e.viii or where preserves
have not been planted in a manner which mimics a
natural plant community.
h) Preserve which do not meet the minimum
dimensional reouirements of this section.
i) Portions of preserves located within platted sinole-
familv lots.
il Where future planned public infrastructure.
approved bv the BCC. reouire preserves to be
located elsewhere.
k) All criteria listed for created preserves.
ii. Restrictions. when one or more of the followino situations
occur.
a) Xeric scrub and hardwood hammocks which are
one acre or more in size. manorove (excludinq
manqrove frinqes less than 40 feet in width on
artificiallv created shorelines). coastal dune and
strand environments. and listed species habitat or
corridors per the requirements or recommendations
of the FFWCC or USFWS. shall not be allowed to
have the on-site native veaetation preservation
retention requirement provided offsite.
b) Preserves shall remain onsite if located adiacent
to or within natural f1owwavs. natural water bodies.
estuaries. qovernment required preserves (not
meetinq the offsite preservation criteria herein).
NRPA's. or adiacent to property desionated for
purchase bv Conservation Collier or purchased bv
Conservation Collier. or adiacent to or within
properties containino listed species nests. buffers.
corridors and foraqinq habitat per the requirements
or recommendations of the FFWCC or USFWS.
For the purpose of this section. natural flowwavs
shall also include those identified durino wetland
permittino with applicable state and federal
aoencies. reoional drainaoe studies. or surface
water manaoement permits.
c) Remainino portions of on-site preserves must be a
minimum of one acre in size and shall not meet the
offsite criteria of sub-section 3.05.07 H.1.f.i.f) and
0) above. unless preserved with hioher qualitv
habitat not oualifvino for the off-site native
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veaetation retention alternative.
iii. Off-site Alternatives. Off-site native veaetation retention
requirements may be met by monetary payment or by land
donation.
a) Applicants shall make monetary payment to
Conservation Collier for the purchase and
manaoement of off-site conservation lands within
the county. The monetary payment shall be based
on the location of the land to be impacted and be
equal to 125 percent of the averaqe cost of land in
the Urban Desiqnation or 125 percent of the
averaqe cost for all other Desionations. as
applicable. as defined by the FLUE. purchased by
Conservation Collier. This monetary payment shall
be made prior to the preconstruction meetinq for
the SOP or final plat construction plans.
b) In lieu of monetary payment, applicants may
choose to donate land to Conservation Collier or to
another qovernment aoency. In the event of
donation to Conservation Collier. the applicant may
acquire and subsequently donate land within the
proiect boundaries of Winchester Head, North
Golden Gate Estates Unit 53. another multi-parcel
proiect or any other land desiqnated by
Conservation Collier donation acceptance
procedures.
Applicants who choose to donate land shall be
required to demonstrate that the land to be
donated contains native veaetation communities
equal to or of hiqher priority (as described in
subsection 3.05.07 A.) than the land required to be
preserved onsite. In no case shall the acreaqe of
land donated be less than the acreaoe of land
required to be preserved onsite. Land donated to
satisfy the off-site veqetation retention requirement
must be located entirely within Collier County.
Donations of land for preservation shall be made to
a federal. state or local qovernment aqency
established or authorized to accept lands for the
conservation and manaqement of land in
perpetuity. subiect to the policies and procedures
of the receivinq entity. Lands donated to
Conservation Collier must include a cash payment
for manaqement of the land. The amount of this
payment shall be equal to 25 percent of the
averaqe cost of land in the Urban Desiqnation or
25 percent of the averaqe cost in all other
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Desiqnations. as applicable. as defined bv the
FLUE, purchased bv Conservation Collier.
Applicant shall provide evidence that donations of
land for preservation and endowments for
manaqement have been accepted bv and donated
to the entitv stated above. at the time of the
preconstruction meetinq for the SDP or final plat
construction plans. Exotics shall be removed in
accordance with the time frames provided in
3.05.07 H.2. State and Federal aqencv
requirements for mitiqation. remediation and
monitorinq for the donated land shall be the
responsibilitv of the applicant.
iv. PUD zoninq, Where the off-site native veQetation
retention alternative is used for portions of preserves not
identified on a PUD master plan, a PUD amendment is not
required. Preserves or portions of preserves identified on a
PUD master plan shall require an amendment to the PUD
master plan to use the native veQetation retention
alternative. unless the option to use the off-site native
veqetation retention alternative is included in the PUD.
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LDC Amendment Request
ORIGIN: Revised in GMP Future Land Use Element,
Deferred from 2008 Cycle 1.
AUTHOR: Ray Smith
DEPARTMENT:
Pollution Control & Prevention Department
AMENDMENT CYCLE: 2009 Cycle 1
LDC PAGE: LDC3:54
LDC SECTION(S): Section 3.06.06 Regulated Well fields
CHANGE: Replace the existing Illustration 3.06.06 C. with the proposed update of the Collier
County Utilities Golden Gate Well field Illustration.
REASON: Remodeled the Well field Risk Management Special Treatment Overlay Zones
around the Collier County Utilities Golden Gate public water supply well field.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The
Growth Management Plan's Public Facilities Element - Natural Groundwater Aquifer Recharge
Sub-Element Objective 1.1 and the Conservation and Coastal Management Element Objective
3.3.
OTHER NOTESNERSION DATE: October 14,2008.
Amend the LDC as follows:
57
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COLLIER COUNTY UTILITIES
GOLDEN GATE WELL FIELD
~
I'!I
;..
"
j' ;II
"'"
~
"
"
W.II fj.ld Pr-oillli'<hQI'l,t"MU
11ii!...'.......... ..
~".".;.,,;.., 'q.'"
c::J ....."
',."", ~ '"
t, "", ~
:t;
x
Illustration 3.06.06 C.
This illustration is for reference only; the map is not accurate to scale and zone boundaries are
approximate. Refer to the Collier County Zoninq Maps for more exact information.
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58
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LDC Amendment Request
ORIGIN: Revised in GMP Future Land Use Element
Deferred from 2008 Cycle 1.
AUTHOR: Ray Smith
DEPARTMENT:
Pollution Control & Prevention Department
AMENDMENT CYCLE: 2008 Cycle 1
LDC PAGE: LDC3: 56
LDC SECTION(S): Section 3.06.06 Regulated Wellfields
CHANGE: Replace the existing Illustration 3.06.06 E. with the proposed update of the Florida
Governmental Utility Authority Golden Gate City Well Field Illustration.
REASON:
around the
wellfield.
Remodeled the Wellfield Risk Management Special Treatment Overlay Zones
Florida Governmental Utility Authority Golden Gate City public water supply
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The
Growth Management Plan's Public Facilities Element - Natural Groundwater Aquifer Recharge
Sub-Element Objective 1.1 and the Conservation and Coastal Management Element Objective
3.3.
OTHER NOTES/VERSION DATE: October 14, 2008.
Amend the LDC as follows:
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FLORIDA GOVERNMENTAL UTILITY AUTHORITY
GOLDEN GATE CITY WELL FIELD
}",
"
t
w"'" ''''0 Pr_li~. tlllH
E/,.:>tZofle V\L1j .; t Yeat 1m'lIel 'T!li'!'t(:i
I...",~... Zorle !N;,.Z (2 Yedf 'Tr;l'.'el nl"~l
E:S:IZoneo ~\~,'J. (5 Yr:q( TrtNel TII1't~}
I::] ZO"" '''vA i2() Y.", Trn.,,,1 Tin>!>)
Illustration 3.06.06 E.
This illustration is for reference only: the map is not accurate to scale and zone boundaries are
approximate. Refer to the Collier County Zonina Maps for more exact information.
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LDC Amendment Request
ORIGIN: Revised in GMP Future Land Use Element,
Deferred from 2008 Cycle 1.
AUTHOR: Ray Smith
DEPARTMENT:
Pollution Control & Prevention Department
AMENDMENT CYCLE: 2009 Cycle 1
LDC PAGE: LDC3: 57
LDC SECTION(S): Section 3.06.06 Regulated Wellfields
CHANGE: Replace the existing Illustration 3.06.06 F. with the proposed update of the Orange
Tree Well Field Illustration.
REASON: Remodeled the Wellfield Risk Management Special Treatment Overlay Zones
around the Orange Tree public water supply well field.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The
Growth Management Plan's Public Facilities Element - Natural Groundwater Aquifer Recharge
Sub-Element Objective 1.1 and the Conservation and Coastal Management Element Objective
3.3.
OTHER NOTESNERSION DATE: October 14, 2008.
Amend the LDC as follows:
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ORANGE TREE WELL FIELD
t
,'i/f( ;,1"
)
>1
\~!t!irllJl'i'4!.or<;innN:H~
C:3<'<,',., i,.., ," .~.,'" : "',,
C;>/'1>:;\
C.;",:,,,, rr.",'
Q/y+ J. r>"f'
Illustration 3.06.06 F.
This illustration is for reference onlv; the map is not accurate to scale and zone boundaries are
approximate. Refer to the Collier County Zonina Maps for more exact information.
62
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LDC Amendment Request
ORIGIN: Revised in GMP Future Land Use Element,
Deferred from 2008 Cycle 1.
AUTHOR: Ray Smith
DEPARTMENT:
Pollution Control & Prevention Department
AMENDMENT CYCLE: 2009 Cycle]
LDC PAGE: LDC3: 58
LDC SECTION(S): Section 3.06.06 Regulated Wellfields
CHANGE: Insert a new Ave Maria Utility Company Well Field Illustration and refer to it as
Illustration 3.06.06 H.
REASON: Modeled the Wellfield Risk Management Special Treatment Overlay Zones
around the Ave Maria public water supply well field. This New Public Water Supply Wellfield
will serve the Ave Maria community.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The
Growth Management Plan's Public Facilities Element - Natural Groundwater Aquifer Recharge
Sub-Element Objective 1.1 and the Conservation and Coastal Management Element Objective
3.3.
OTHER NOTESNERSION DATE: Revised October 14, 2008.
Amend the LDC as follows:
63
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AVE MARIA UTILITY
COMPANY WELL FIELD
'mtf.I/<4.r')ttL*""A...~,
c:::l ""..'
c:::l".". ,,,.
c:::::2z.:.,.,;.." ';t...
c::::t2;\V>>,:A ',,,..~i
t
Illustration 3.06.06 H.
This illustration is for reference only; the map is not accurate to scale and zone boundaries are
approximate. Refer to the Collier County Zoninq Maps for more exact information.
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LDC Amendment Relluest
ORIGIN: Revised in GMP Future Land Use Element,
Deferred from 2008 Cycle 1.
AUTHOR: Ray Smith
DEPARTMENT:
Pollution Control & Prevention Department
AMENDMENT CYCLE: 2009 Cycle 1
LDC PAGE: LDC3:51
LDC SECTION(S): 3.06.06 Regulated Wellfields
CHANGE: Add Ave Maria Utility Company Wellfield
REASON: Language change allows the rule to recogmze a new Public Water Supply
Wellfield that will serve the Ave Maria community.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The
Growth Management Plan's Public Facilities Element - Natural Groundwater Aquifer Recharge
Sub-Element Objective 1.1 and the Conservation and Coastal Management Element Objective
3.3.
OTHER NOTESIVERSION DATE: October 15,2008
Amend the LDC as follows:
3.06.06 Regulated Wellfields
The following wellfield risk management special treatment overlay zones, as defined in
section 3.06.03, and criteria specified herein shall be applied to the following wellfields:
A. City of Naples East Golden Gate Well Field.
B. City of Naples-Coastal Ridge Well Field.
C. Collier County Utilities Golden Gate Well Field.
D. Everglades City Well Field.
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E. Florida Governmental Utility Authority Golden Gate City Well Field.
F. Orange Tree Well Field.
G. Immokalee Well Field.
H. Ave Maria Utilitv Companv Well Field.
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LDC Amendment ReQnest
ORIGIN: CDES--Deferred from 2008 Cycle 1.
AUTHOR: Ashley Caserta, Senior Planner
DEPARTMENT: Zoning & Land Development Review
AMENDMENT CYCLE: 2009 Cycle I
LDC PAGE: LDC4:8.1
LDC SECTION(S): 4.02.01 Dimensional Standards for Principal Uses in
Base Zoning Districts
CHANGE: Allows for encroachment of pool equipment and well pumps, if unenclosed, into
required yards.
REASON: The Building and Zoning Departments have historically allowed pool and well
pumps to encroach into side yards if not enclosed in structures, such as, pwnp houses; however,
this policy was never formally documented. The proposed amendment will bring the code in line
with policy that has been in effect for over 10 years.
FISCAL & OPERATIONAL IMPACTS: The BCC directed that staff request assistance
from DSAC in determining impacts. The following comments were provided by DSAC at their
June 3, 2009 regular meeting.
· The focus of the proposed ordinance should be narrowed - where is there a problem? Is it
just in the City of Naples? Where else?
. The cost to redesign a house may be minimal (approximately &1,000.).
. If there is a pool, equipment may be located behind the pool cage; but, especially in a
subdivision, noise will become a factor.
. If the equipment is tucked in a recess, circulation around the unit will be impaired and
result in a decreased operational life of the unit.
· There is a limitation on how far the (AC) compressor can be located from the unit - they
work more economically when located next to the house.
RELATED CODES OR REGULATIONS: None.
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTESNERSION DATE:
Amend the LDC as follows:
4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts
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D. Exemptions and exclusions from design standards.
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9. Fences, walls and hedges, subject to section 5.03.02, pad-mounted air
conditioners and unenclosed pool equipment and well pumps. are permitted in
required yards, subject to the provisions of section 4.06.00.
(For permanent emerQencv Qenerator setbacks see section 4.02.03)
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LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Stan Chrzanowski, Manager - Engineering Review Services
DEPARTMENT:
Engineering and Environmental Services
AMENDMENT CYCLE: 2009 Cycle 1
LDC PAGE: LDC4:76.1
LDC SECTION(S): 4.05.02 M Design Standards
(Typical Off-Street Parking Design - Exhibit A)
CHANGE: Replace current graphic/exhibit with one containing greater detail
REASON: Clarity
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTES/VERSION DATE:
Amend the LDC as follows:
4.05.02 Design Standards
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M. Each parking space shall be a minimum of nine (9) feet by eighteen (18) feet in size or
sixteen (16) feet in depth measured from the aisle width to the face of the wheel stop except in
the case of parallel parking where the dimension of the space shall be nine (9) feet by twenty-
three (23) feet foe spaces running parallel to the driveway which affords access to said spaces.
As an alternative, nine (9) feet by eighteen (18) feet spaces may be used in which case there
must be a six (6) foar marked clear zone space in front of or in back of every space. See
Exhibit "A" for typical off-street parking design. All parking spaces for the exclusive use of
compact vehicles indicated on an approved site development plan, and any subsequent
amendments thereto, shall be counted as standard parking spaces.
(Ord. No. 04-72, S 3.M)
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EXHIBIT A
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...../ SERVICES DEPAHTMENT
..i~2 ... !!!- FEBRUARY 2009 N.T.S.
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~ EXHIBIT A
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LDC Amendment Request
ORIGIN:
Community Development & Environmental Services
AUTHOR:
John Kelly, Planner
DEPARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE: 2009 Cycle 1
LDC PAGE:
LDC4:91-92, LDC6:32-33
LDC SECTION(S): 4.06.01 Figure D, and 6.06.05 E
CHANGE: Amendment is proposed to bring two inconsistencies, one graphic change
and other text change, into compliance with purpose and intent of Code. Safe sight triangles are
measured as being 30 feet from the point of intersection, not 25 feet.
REASON:
Consistency with Collier County Code and current practice.
FISCAL & OPERATIONAL IMPACTS: None, provisions already applied.
RELATED CODES OR REGULATIONS:
GROWTH MANAGEMENT PLAN IMPACT: None, provisions already applied.
OTHER NOTES/VERSION DATE:
Amend the LDC as follows:
4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION
4.06.01 Generally
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D. Landscaping with Sight Design Triangles.
1. Safe sight distance triangles at intersection and access points. (Refer to Figure
4.06.01 D., Sight Distance Triangles). Where a b;driveway/access way intersects
a right-of-way or when a property abuts the intersection of two or more rights-of-
way, a minimum safe sight distance triangular area shall be established. Within
this area, vegetation shall be planted and maintained in a way that provides
unobstructed visibility at a level between 30 inches and 8 feet above the crown of
the adjacent roadway. Landscaping shall be located in accordance with the
roadside recovery area provisions of the State of Florida Department of
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Transportation's Manual of Uniform Minimum Standards for Design,
Construction, and Maintenance of streets and Highways (DOT Green Book)
where appropriate. Posts for illuminating fixtures, traffic control, and street name
signs shall also be permitted, so long as the sign or equipment is not within the
prescribed clear space.
Where an accessway enters a right-of-way, two safe distance triangles shall be
created diagonally across from each other on both sides of the accessway. Two
sides of the triangle shall extend 10 feet each way from the point of intersection
from the edge of pavement and the right-of-way line. The third side of the
triangle shall be a line connecting the ends of the other 2 sides.
~
"
$tr..' Pg...emenl
'--- .0' ----"
I I
\::::;::::::::;:::;,:.::.;:t::::::::::::::::':,
~
P.'
Ofi"'W'
Rq\l D' ..,
tP,op. Uno)
~ri~. 01 Requit...
0'",,_ ~ltt"
(KCII'~" AI'.a.)
PlAN:
"-"-"-"f"
11 h'. min.
ct~Lrl.ln'"
Ill"
.)0- ht J
':"~ -
Int...Htt~n of Driwtwa-v end Str.at
A....a of A-equir"
Cto.s Vi,ibilU,.
T
8' ci;&lQt
30. ht. mal;. lfu""
I --l~r- ""...., --i~1-- j
r10"-=t Edglt 01 Pa~ml ~1Lf--t
CROSS. SECTION A-A.. : Inl......ction of Ori""ellllo.... and Sttset
I
Str..t :ilS'--1
:~\::t~:::;::::::::::::::::~::~::;i;:::::::::"
lrlliM'." 01 Reqwllr.6
ern.. VinDlIol"t)'
(I1Dlch.r;l M.'11I)
iE.up,ion.. clot Rig'''.
o. Way (Pr~. l.in_)
. LondlCope Sult.,-
j
.:;;
PLAN Strife! k'lt~"St<:UM
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u~
p/'VEMEf{T
,
I
I
LC)C!\L HI)/\[)V,Jj\"Y li\J ':::~U!:3JI\/i':,I()!\J
Figure 4.06.01 D
Where a property abuts the intersection of two rights-of-wa
triangle shall be created. Two sides of ttll;llriangle shall e
abutting right-of-way lines, measured from the point of int . The third
side of the triangle shall be a line connecting the ends of the other 2 sides.
The developer shall comply with all of the provisions of the applicable landscape
requirements and this section 4.06.00 at the time of subdivision or development
approval or when applicable.
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6.06.00 TRANSPORTATION SYSTEM STANDARDS
6.06.05 Clear Sight Distance
A. Where an accessway intersects a right-of-way or when a property abuts the intersection
of 2 or more rights-of-way, a minimum safe sight distance triangular area shall be
established. Any vegetation within this area shall be planted and maintained in a way
that provides unobstructed visibility at a level between 30 inches and 8 feet above the
crown of the adjacent roadway. Landscaping shall be located in accordance with the
roadside recovery area provisions of the State of Florida Department of Transportation's
Manual of Uniform Minimum Standards for Design, Construction, and Maintenance of
streets and Highways (DOT Green Book) where appropriate. Posts for illuminating
fixtures, traffic control, and street name signs shall also be permitted, so long as the
sign or equipment is not within the prescribed clear space.
B. Where an accessway enters a right-of-way, 2 safe distance triangles shall be created
diagonally across from each other on both sides of the accessway. Two sides of the
triangle shall extend 10 feet each way from the point of intersection from the edge of
pavement and the right-of-way line. The third side of the triangle shall be a line
connecting the ends of the other 2 sides.
C. Where a property abuts the intersection of 2 rights-of-way, a safe distance triangle
shall be created. Two sides of the triangle shall extend 30 feet along the abutting right-
of-way lines, measured from the point of intersection. The third side of the triangle shall
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be a line connecting the ends of the other 2 sides.
D. The developer shall comply with all of the provisions of the applicable landscape
requirements and section 4.06.00 at the time of subdivision or development approval or
when applicable.
E. On a corner lot in all zoning districts, no fence, wall, hedge, planting, or structure shall
be erected, planted, or allowed to grow in such a manner as to obstruct vision between
a height of 30 inches and 8 feet above the centerline grades of the intersecting streets
in the area bounded by the right-of-way lines of such corner lots and a line joining
points along said right-of-way lines :t&-30 feet from the point of intersection. Parking is
prohibited in this area. Trees are permitted, so long as the foliage is cut away and
maintained within the 30 inch and 8 foot clearance requirement. Posts for illuminating
fixtures, traffic control, fences and street name signs are permitted, so long as the sign
or equipment is not within the prescribed clear space and the fence does not visually
impede the clear sight of the intersection.
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LDC Amendment Reauest
ORIGIN: Community Development & Environmental Services
AUTHOR: Nancy Gundlach, Principal Planner,
Florida Registered Landscape Architect # 1244
DEPARTMENT: Zoning & Land Development Review
AMENDMENT CYCLE: 2009 Cycle 1
LDCPAGE: LDC4:114
LDC SECTION(S): 4.06.05.D.4. Shrubs and hedges
CHANGE: Restore previously omitted subsection and update section cross
reference.
REASON: Scrivener's error made during codification of Ordinance 04-41;
scrivener omitted language.
FISCAL & OPERATIONAL IMPACTS: None
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTES/VERSION DATE:
Amend the LDC as follows:
4.06.05 General Landscaping Requirements
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D. Plant Material Standards.
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4.
Shrubs and hedges. Shrubs and hedges shall be installed and maintained
at a minimum height as specified in Section 4.06.02.C.4c except where
stroot visibility at intersections is required and where pedestrian access is
provided. Shrubs and hedges shall screen the adjacent pavement surface
or developed property required to be buffered and/or screened. Hedges,
where required, shall be maintained so as to form a continuous, unbroken,
solid visual screen within a minimum of one year after time of planting.
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.
.
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LDC Amendment Request
ORIGIN: CDES
AUTHOR: Catherine Fabacher, AICP
DEPARTMENT:
Zoning & Land Development Review
AMENDMENT CYCLE: 2009 Cycle 1
LDC PAGE:
LDC5:21-24
LDC SECTION(S): 5.04.05 Temporary Events
CHANGE: Rewrite beginning of section for clarification and to conform to the new provisions
inserted from section 5.06.00.
REASON: The sign code was revised as a result of provisions found to be in violation of the
First Amendment by federal circuit court. Provisions for temporary signs have been removed
from the sign code and relocated in section 5.04.06 Temporary Signs. When the new provisions
were inserted during the sign code revision, the rest of section became disjointed and confusing;
therefore, the section has been reorganized.
FISCAL & OPERATIONAL IMPACTS: None.
RELATED CODES OR REGULATIONS: 5.06.00 SIGN REGULATIONS AND
STANDARDS BY LAND USE CLARIFICATION.
GROWTH MANAGEMENT PLAN IMPACT: None.
OTHER NOTESNERSION DATE: Created on June 26, 2009. Revised August 23,2009.
Amend the LDC as follows:
*
CHAPTER 5 SUPPLEMENTAL STANDARDS
*
5.04.01
5.04.02
5.04.03
5.04.04
5.04.05
5.04.06
5.04.07
5.04.08
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5.04.00 Temporary Uses and Structures
Generally (To 80 Providoe) Temporary Use Permits
Interim Agricultural Uses
Temporary Uses During Construction
Moeel Homes ane Model Sales Centers
Temporary Events
.A,nnu31 803ch Event Pormits Temporary Siqns
Annual Beach Event Permits
[Reservedl
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5.04.00 TEMPORARY USES AND STRUCTURES
5.04.01 GeRer311y (To 8e Provided) Temporary Use Permits.
A. Purpose and intent. Based upon the nature of some uses, their impact on adiacent
uses. their compatibilitv with surroundinq properties, and the lenqth of time a use is
intended to function. there is an identified need to allow certain temporary uses within a
development site. and to provide for other tvpes of temporary uses such as special
events, sales and promotions. It is the intent of this section to classifv temporary uses
and to provide for their permittinq, [Relocated, was 10.02,06 G.1]
B, General. The Countv Manaqer or Ris-desiqnee. mav qrant a temporary use permit for
requests that demonstrate compliance with the intent of this section and !l!!ll1liilDtSI' 5 of
the Code. Approvals for such requests shall be based upon. but not limited to, the
applicant's description of the temporary use, the intended duration of the use, hours of
operation and the impacts of the proposed temporary use on adiacent properties~
applications for a tompornry use pormit shall include a concoptu:lI site plan or a site
developmont plan (SDP) as provided for within this soction, The appropriate required
plan and temporary use permit application shall be submitted :md approved prior to or
simultaneously 'I'.'ith the submission of a building permit application, if required.
[Relocated from 10,02,06 G.1]
5.04.02 Interim Agricultural Uses
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5.04.03 Temporary Uses During Construction
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5.04.04 Model Homes and Model Sales Centers
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5.04.05 Temporary Events
A. TempoFarj Sales. Special Events.
1. Sales and Promotional Events,
1.
a.
In the case of A temporary use permit is required for temporary sales
andlor promotional events on non-residential propertv. such as grand
openings, going out of business sales, special promotional sales,
sidewalk sales. overstock sales. tent sales, or other similar uses
(exclusive of gara€je sales, lawn sales, ans similar private heme sales),
the County Manager or designee may grant nonrene'....3ble permits for
sales and promotional events related to the principal activities in
operation at the subiect propertv, unless otherwise provided for in this
section, of up to fourteen (11) d3YS duration, such that during any
calondar year tho sum tot31 of all permits for such events for that location
soes not Q)(coes twenty oight (28) say!>. ^ multi tonant builsing of ten
(10) or more businesses '....ith 3nnual leases may utilizo 3 maximum of
forty two (42) says per c310nd3r yoar for temporary s310s. Tomporarj uso
permits may be permitted for up to an assitional four (4) weeks when
3pproved by the BCC. Such special approval shall be subject to
stipulations or adsition31 constraints seemed nocess3ry ans appropri3te
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to the request. Such Etipulations or conEtraints deemed neGeEEary by the
Bee Ehall be noted as conditionE to the iEEuance of said perr'RitE. and tho
permittee shall bo requireEl to sign a notarizeEl agreoment to E3id
stipulations or conEtraints.
b. A temporary use permit for sales or promotional events shall meet the
procedural requirements of Section 10.02.06.
2.
c.
Temporary sales permits may, in EUPPOrt of the uso being permittod.
includo the placement of one (1) Eign, a maximum of thirty two (32)
Equare feet. or two (2) Euch signs for properties containing more than one
(1) street frentage. In adElition to the allo.....ablo Eigns, merchanEliso,
temporary Etructuros. :md equipment may be placeEl on tho Eite. /\11
tempor-ary structuros anEl equipment, merch:mEliEe, or placement :md
parking of vohicleE in conjunction '....ith the temporary sale. Ehall conform
to the minimum yard roquirements of tho EliEtrict in "'thich it is 10cateEl. If
tho temporary uso iE not EliscontinueEl upon expiration of the pormit, it
Ehall be Eleemod a violation of thiE LDe ::mEl shall be Eubject to the
penalties heroin.
insu ortof
mel"chan. [seilt
a rovatdfa .it
i. Temporary siqnaqe shall be subject to the restrictions set forth in
section 5.04.06.
ii. All temporary structures and equipment. merchandise. or
placement and parkinq of vehicles in coniunction with the
temporary sale. shall conform to the minimum yard requirements
of the zoninq district in which it is located.
ili. A buildinq permit may be required for the erection of temporary
structures.
3.
d.
Temporary-sales use permits for sales may be issued to the owner(s) of
a commercial establishment, or to the tenant(s) operating within a
commercial establishment with the approval of the property owner or
property manager, provided said tenant provides documentation of a
current annual lease with the property owner. Uses permitted by an
approved temporary sales permit shall be operated by the property owner
or tenant(s), except as provided for in sections 5.04.05(/\)(5) 5.04.05
A,1,q. and 5.04.05(l\)(e)5.04.05,A.,1.h. below.
4.
e.
Temporary-sales use permits for sales shall be restricted to those zoning
districts in which the sale of the items would normally be permitted.
Further, the sales activity permitted by the temporary use permit shall be
related to the principal commercial activities in operation on the subject
property. except as provided for in subsections 5.04.05(A)(5) 5.04.05
A.t.q, and 5.04.05(A)(5) 5.04,OSAA.h. below. The issl;ance of :1
temporary use permit shall not be issueEl for unElevelopeEl propertieE.
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f. Special event temporary use permits shall not be issued for undeveloped
properties. with exception to pre-construction qround breakinq events
with a valid development order. [see above]
5.
q.
The County Manager or designee may issue temporary use permits for
satellite locations subject to the applicable restrictions set forth in this
section, provided the applicant currently operates a business from a
permanent, approved commercial location within the County. Additionally,
the purpose of the temporary sale shall be the same as the principal
purpose of the existing commercial business of the applicant.
6.
h.
The County Manger or designee may, in determining a specific benefit to
the public, grant a temporary use permit to facilitate the sale of an item or
items not generally available within a specific planning community,
subject to the applicable restrictions set forth in this section.
7. .II, tomporary sales permit shall meot tho procedural requiremonts of Chapter 10.
Tho applicant chall demonstrato that provision will bo made te adequately
addross each of tho following:
a. Vehicular and pedostrian traffic measures.
b. fl,dditional parking roquirements. /\ maximum of ten (10) percent of tho
parking required by section 4.04.00 of thic Code may be occupied or
othel"\vice rendered unusable by the placement of temporary structures,
equipment, signs, and morchandise. The minimum required numbor of
handicappod spaces pursuant to section 4.04.00 shall remain availablo
for usago.
c. Limited activity hours.
d. Watchmen, fencing, and lighting.
e. Fire protection measures.
f. Sanitary fucilities.
g. If required, a faithful performance bond to guarantee compliance with tho
conditions of this permit.
[Re-Iocated to 5,04.05 C, below]
B. Garage sales: In the case of garage sales, lawn sales, and other similar
temporary sales to be held at wi'/ate homes, churches and other places of
worship, community centers, or other nonprofit residentially zonod institutions,
tho County Manager or designee may issue one (1) w.'o (2) ~day permit for
such ovents during each six (e) 2. month period. Such permit may include the
use of temporary signs located on tho proporty where tho salo is boing hold,
limited to a mmdmum of two (2) ~ signs, no groater than four (4) 1. square feet
oach. ~Jo signs shall be plased in any pulllic rights of way. If the temporary use
is not discontinued upon expiration of the permit, it shall bo considered a
violation of this LOC and shalllle subject to tho ponalties herein,
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[Was 10.02.06 GA.]
2. TomfJorary sS/Jorts (WOAtS, reliaious (J'.'fJnt-s. and communitv events.
a. In the oaso of A temporary use permit is required for sports evonts,
religious ovonts, community events, or other similar events sponsored by
profit, nonprofit, charitable, civil, or membership organizations, on lands
not specifically developed and approved for such activities on a reqular
basis. the The County Manager or his designee may grant 9.
nonrenewable temporary use permits of up to 2 'Nooks' 14 days duration,
for such events. suoh that during any oalendar year the sum total of all
permits for suoh ovonts does not exoood 2!l days. Tomporary permits
may bo allO'.ved for an additional poriod of up to 1 \'Iooks when approved
by the Board of County Commissioners. Suoh speoial approval shall bo
subjeot to stipulations or additional constraints deemod neoessary and
appropriato to the request. Such stipulations or constraints doemed
nooossary by the Board of County Commissionors shall bo noted as
oonditions to tho issuanoe of said pormits; and tho pormittee shall be
roquirod to sign a notarized agrooment to said stipulations or oonstraints.
b. Temporary use permits of this type may, in support of the use being
permitted, include the placement of temporary signs, merchandise,
structures and equipment, and a mobile home as an office, but not for
residency. If tho temporary uso is not disoontinuod upon Q)(piration of tho
pormit, it shall be deemed a violation of tho Land devolopment Codo and
shall be subjeot to tho ponalties therein.
i. Temporary siqnaqe shall be subiect to the restrictions set forth in
section 5.04.06.
ii. A buildinq permit may be required for the placement and/or
erection of temporary structures.
c. Temporary use permits in this category shall be restricted to those zoning
districts in which the use would normally be permitted, unless otherwise
approved by the Board of County Commissioners via a public petition
request.
d. The County Manager or his designee shall accept without fee, temporary
use permit applications for sports e'lents, religious evonts, community
evonts, or other similar events, upon presentation of documentation that
the sponsor of the event is a bona fide nonprofit organization and the
event is intended to benefit the community at large, or a speCific group of
individuals", or the bona fide nonprofit organization. Two such events per
calendar year per organization are eligible for this oxemption permit.
3. S/Jecial Event time limits.
[Re-formatted, from 5.04.05 A.1 (above)]
a. The County Manager or designee may grant nonrenewable temporary
use permits of up to fourteen (11) 14 days duration, such that during any
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calendar year the sum total duration of all permits for such events for that
location does not exceed tV/onty eight (2g) 28 days.
b. For multiple occupancy parcels with 10 or more tenants the total duration
of all such permits shall not exceed 42 days per calendar year.
c. Temporary use permits for special events may be extended up to an
additional 4 weeks when approved by the Board of County
Commissioners. Such approval may be subject to stipulations and
additionai constraints which shall be noted as conditions of the permit
and the permittee will be required to sign a notarized agreement to abide
by such conditions.
B. Temporary seasonal sales. A nonrenewable five (5) 5-week temporary use permit may
be issued for seasonal and holiday-related temporary sales subject to the following
restrictions.
1. Temporary use permits for seasonal sales may be issued...Q!l]y for the following
seasonal/holiday related items:
a. Christmas trees.
b. Fireworks (subject to the issuance of an approved permit by the
jurisdictional fire district).
c. Pumpkins.
2. Temporary use permits for seasonal sales may be issued on improved or
unimproved properties, provided the applicant submits a CSP which
demonstr-otes that provisions will be made to adequately addr9!;s each of the
following:
a. Vehicular and pedostrian tr-offic safety measures.
b. /\dequate on site, or additional off site parking 3reas for unimproved
properties. ^ maximum of ten (10) percent of the parking required by
section 4.04.00 ef this Cede may be occupied or otherwise rendered
unusable by the placement of temporary struGtures, equipment, signs,
and merchandise. The minimum required number of handicapped
parking spaces pursuant te sectien 4.04.00 shall remain available for
usage.
c. Limited acti'lity heurs.
d. VVatchmen, fencing, ::md lighting.
e. Fire protectien measures.
f. Sanitary facilities.
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3. The applicant shall provide a notarized letter from the property owner or
property manager granting permission to utilize the subject property for the
temporary seasonal sales.
4. Temporary use permits for seasonal andlor holiday sales may, in support of the
use being permitted, include the placement of one (1) sign, :J maximum of thirty
(d2) square feet, or two (2) such signs for propertios cont:Jining moro than one
(1) street frontage In addition to the placement of sians, merchandise, temporary
structures, and equipment m:JY be placed on tho site.
i. Temporarv sianaae is subiect to the restrictions set forth in subsection
5.04.06 C.2.
ii. A buildina permit mav be reauired for the erection of temporarv
structures.
5. If the temporary use is not discontinued upon expiration of the permit, it shall be
deemed a violation of this Code and shall be SUbject to the penalties herein.
[Was 5.04.05 A.81
C. Garaae sales: In the case of aaraae sales. lawn sales. and other similar temporarv sales
to be held at private homes. churches and other places of worship. community centers,
or other nonprofit residentially zoned institutions, the County Manaaer or desianee may
issue one 2-day permit for such events durina each 6 month period.
5.04.06 Annual 8eaGh E!\'ents Permit [to become 5.04.07, re-number entire subsection]
5.04.06 Temporary Sians.
A. A temporarv use permit is reauired for the placement of any temporarv around sian,
snipe sian. or banner that is not otherwise lawfully permitted. Temporarv sians shall be
allowed subiect to the restrictions imposed by this section.
1.
2.
prior to obtainina the
rier to t lratio f
3.
Standards applicable to all temporarv sians.
a. Temporarv sians and banners permitted by autnority:of this section shall
not be placed within any public riaht-of-way.
i. Sian placement shall not obstruct or impair the safe visibility.
inaress. or earess of pedestrians and motorists.
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b. The occupant of a lot. parcel. multi-tenant parcel or mixed use buildinq.
may display 1 on-site temporary siqn: a second such siqn may be
displayed on a property hayinq a second street frontaqe.
c. Absentsllecific.standai'dstb>lhecotllrarv. temporary siqns shall be
located onsite and no closer than 10 feet to any property line.
d. Temporary siqns and banners shall not be erected prior to obtaininq the
appropriate temporary use permit and must be remoyed by the expiration
of the temporary use permit.
e. Temporary siqns and banners used on nonresidential or mixed use
properties shall not exceed 32 square feet in siqn area or 8 feet in heiqht.
f. Temporary siqns used on residentially zoned properties shall not exceed
4 square feet in area or 3 feet in heiqht.
B. Temporary Siqn Permit Types and Standards.
1. Temporary Eyents. A temporary use permit for a temporary event, issued per
section 5.04.05., shall allow for the placement of temporary signage as classified
and regulated herein.
a. A "sign only" temporary use permit may be issued for temporary ground
signs and banners used to promote a sale, event, or actiYity not requiring
a temporary event temporary use permit per section 5.04.05 of this Code.
Such uses include, however are not limited to, study or course offerings,
vacation camp, non-public indoor events, and sales events occurring
within the confines of an established business.
i. "Sign only' temporary use permits will be allowed, regulated, and
enforced as special event signs.
ii. Time limits for 'sign only' temporary use permits shall be the same
as those for special events, see subsection 5.04.05 A3.
b. Special event signs.
i. Special event signs shall be erected not more than 15 calendar
days prior to the supporting event and shall be removed within 7
calendar days after the event has taken place.
[Was 5.04.05 B.4.]
c. Seasonal sales signs.
d. Garage sales signs. Two temporary signs may be placed on the property
where the sale is being conducted.
[was 5.06.04 C.12.c.]
Gr;md oponing signs. /\n oGcup:mt m:lY display 3n on cito gr:lnd oponing sign
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not exceeding 32 squmo foot. Tho bannor chall be anchored and may be
displ:lyod on sito for :l poriod not oxcooding 14 days within tho first 3 months th:lt
the occupant ic opon for businoss.
2. Grand Opening signs. A one-time 14-day nonrenewable grand opening sign
only temporary use permit may be issued upon the opening of a new business,
or the approved relocation of an existing business.
a A current valid Collier County Business Tax Receipt or an approved Land
Use and Zoning Certificate (Non-Residential) may serye as evidence of
the new business, or location, opening.
b. A separate permit is not required for a grand opening sign if being placed
in conjunction with a special event temporary use permit issued per
subsection 5.04.05 A 1.
c. A grand opening sign-temporary use permit may only be obtained within
the first 3 months of establishing a new business or location.
d. A grand opening sign is limited to an anchored banner.
e. A sign only temporary use permit for a grand opening sign shall be
exempt from the annual time limitations identified in subsections 5.04.05
A3.a. and 5.04.06 C.1.a.ii.
[was 5.06.04 C.12.d.l
"Coming soon signs." 1\ tompor:lry usa pormit m:lY bo grantod, :It tho discrotion
of tho County Managor or his dosignoo, for :l "coming coon" sign 10C:ltod within
a non residential district. This sign must not oxcood 32 square feat :lnd tho
tompor:lry usa pormit numbor muct-bo placed at tho b:lSO of tho sign not loss
th:ln % h:llf inch from tho-bollom. Tho sign must not bo dispbyed for a poriod of
fR9fe- than 6 months from tho issuanco of-lempormy usa pormit or-tlfltij-ll1e
iccu:lnce of a permit-fur tho porm:lneAt sign, whichovor occurs first. /\ tomporary
usa pormit '.vill.flel-bo icsuee-.until :l building pormit for tho-principal structure
ic nppliod for. Tho nonrOfURGa~-fees-.fBf-4his tompornry usa pormit will ba
GalGuIaletI-by-the bonf€l-ekooffiy-rommissiooer.s- and nre subject ID~h:Jnga.
/\ "coming coon" sign ic dofinod ac a grOUfl(j..sign ucod to inform tho public of
tho entry of :l now businosc within a 6 month tima poriod. Howavor, this sign
~Ioc:ltod-'Nithin :lny right of way or easement
3. "Coming Soon Signs." A onetime non-renewable temporary use permit may be
granted, for a coming soon sign located within a non-residential zoning district,
subject to the following:
a. As applied in this section, a coming soon sign is defined as a ground
sign used to inform the public of the intended opening of a new business.
b. A temporary use permit for a sign shall not be issued until the applicant
has applied for a building permit for the principal structure.
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c. The temporary use permit number shall be placed at the base of the sign
not less than Y, inch from the bottom.
d. The sign shall not be displayed for a period more than 6 months from the
issuance of the temporary use permit or until the issuance of a permit for
the permanent sign, whichever occurs first. The nonrefundable fee for
this temporary use permit shall be as set forth in the fee schedule for the
services performed by the Community Development and Environmental
Services Division.
4. Temporary business identification sians. A temporary use permit allowinq for the
temporary placement of a siqn solely for the purpose of displayinq a business
name for an existinq business underqoinq a permitted renovation. remodel. or
repair that would require the temporary removal of an existinq leqally conforminq
siqn.
a. As applied in this section, the siqn must be constructed of wood, plastic.
or other similar material. may not be a banner siqn. and is limited to 16
square feet.
b. If placed in a shoppinq center or multiple occupancy buildinq, the
temporary siqn for each business must be of similar color. letterinq. and
style.
c. The siqn may be affixed to the buildinq or free-standinq in front of the
buildinq so lonq as the siqn does not obstruct or interfere with pedestrian
or vehicular traffic. parkinq or fire lanes, or access to adlacent units.
d. The siqn may remain in place for no lonqer than 120 days. or until
construction has been completed. whichever occurs first.
5. Temporary sian covers. A non-renewable temporary use permit is required to
erect a temporary siqn cover over an existinq siqn unless otherwise provided
herein. Temporary siqns shall be allowed subiect to the restrictions imposed by
this section.
a. A siqn cover made from white vinyl or canvas may be authorized for an
existinq qround or pole siqn for 120 days. after which time the cover shall
be removed, reqardless of whether or not the siqn face has been
replaced.
Re-Iocated and restructured. was 5.06.04 C.12.a.. which read:
:l. Politic;:}1 signc. Politic:l1 signs shall bo pormillod subjoct to tho following
roquiromonts:
i. Prior to tho orection, inst:llling, placing, or displ:lying of 3 politic:l1
sign :l bulk tomporary pormit chall bo obtainod. Tho pormit
numbor sh:lll :lppom on ovory sign or on tho pole supporting tho
sign.-+Ile- foo for said bulk pormit sh:lll bo as :ldoptod by
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resolution by tho board of county commicsionors 1\11 signs for tho
c:lndid;:}to or the issuo for which tho pormit W:lS issued must bo
romoyod within 7 d:lYs :lftor tho oloction, roferondum, or othor
ovont that tho sign portains to. Failure to timoly romovo onch SlJGIl
sign '....ill conctituto a sopamto violation of this Coda ancl-ll1e
pormittoe will bo subjoct to issu:lnco of- a cilation from Collief
County Coda Enforcomont :lnd all othor ponaltios :lllowod by 1m".
ii.
Politicnl c3mp;:}ign signs or postorc within residontially zonod or
used proporty sh:lll not excood 1 sqU:lro foot in size, and sh:lll not
bo loc;:}tod Glosor th;:}n fivo foot to :lny proporty Iino. Politic:l1 signs
f}laGeG--witltin rosidentiaklislriols sh;:}11 roquife.-wFittefl permission
from tho proporty ~
iii.
PolitiC:l1 c3mp:lign signs or posters will bo pormittod in :lll othor
~tricls within 3 maximum copy :lrO:l of 32 square foot par
sign, and-sRal1-be-4oc:ltod no c1osor th:ln 10 feat to 3ny proporty
lffi&,-TA& numboF-of such signs sh311 bo limitod to ono signs for
eash--Iot or parcel par bulk -pormit issuod for e:lch c3ndid:lto or
is&U&.
j\l
..
All supports shall be socuroly-bHilt, constructed :lnd oroctod to
conform with tho roquiromonts of this Code.
v.
Tho m:lximum hoight of 3ny politic:l1 campnign sign or postor,
oxcopt thoso th:lt m:lY bo :lffixed to a '11311, sh:lll bo limilod to 8
feeh
vi.
Politic31 signs sh:lll not bo oroctod until tho 01050 dalo of tho
qU:llifying poriod 3S sot forth in Section 99.061. Florid:l St:ltutes
:lS it may bo ;:}mondod 3nd sh:lll bo romovod within 7 c:llondm
d;:}ys 3ftor tormin3tion of c:lndiGaoy-duo to withdr:lWClI, elimin3tion,
or oloction to tho offioo or ;:}ftor approv:l1 or rojoction of tho issuo
~,
6. Election and Referendum signs. Signs for elections and referendums shall be
permitted subject to the following requirements:
a. A bulk temporary permit shall be obtained prior to the erection,
installation, placement, or display of signage before elections and
referendums. The fee for the bulk permit shall be as set forth in the fee
schedule for the services performed by the Community Development and
Environmental Services Division.
b. The bulk permit number shall appear on every sign or on the pole
supporting the sign.
c. All signs for which the permit is issued shall be removed within 7 days
after the event. Each sign not removed within the required time shall
constitute a separate violation of this Code. The permittee will be subject
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to issuance of a citation for each violation from the Collier County Code
Enforcement Board.
d. Signs erected within residentially zoned or used property shall not
exceed 4 square feet in area and 3 feet in height, and shall be located
on-site and no closer than 5 feet to any property line.
e. In all other zoning districts, signs shall not exceed a maximum sign area
of 32 square feet per sign, and shall be located no closer than 10 feet to
any property line. The quantity of such signs shall be limited to 1 sign for
each lot or parcel per bulk permit issued.
i. In addition to a bulk temporary use permit, a building permit shall
be required for each installed sign.
ii. All supports shall be securely built, constructed and erected to
conform to the requirements of the Florida Building Code
iii. The maximum height of any sign or poster shall be limited to 8
feet, except for signs affixed to the surface of a building wall.
5.04.07 Annual Beach Events Permit
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E. Sea turtle nesting season. Annual beach events which occur during sea turtle nesting
season (May 1st through October 31st of each year) are also subject to the following
regulations:
1. All required Florida Department of Environmental Protection (FDEP) field permits,
shall be obtained and a copy furnished to Collier County prior to the time of the
scheduled event as set forth in section 5.04 .ce(e) 5.04.07(Cl.
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7. Identification of sea turtle nests on the beach may cause the beach event to be
relocated from its planned location or to have additional reasonable limitations
placed on the event pursuant to the recommendation of Collier County staff in
order to protect the identified sea turtle nests in this permit; except that county
staff may relocate a staging area as provided for in section 5.01.06 5.04.07, as
part of its daily sea turtle monitoring.
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5.04.08 fReservedl
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10.02.00 APPLICATION REQUIREMENTS
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10.02.06 Submittal Requirements for Permits
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G. Temporary Use Permit Requirements and Issuance. See section 5.04.01 of the LDC for
temporary use permit classifications and restrictions.
1. Applications for temporary use permits shall be submitted to the County Manaqer
or desiQnee in writinq on a form provided by the Zoninq and Land Development
Review Department.
2. Submittal Requirements. The temporary use permit application and appropriate
required plan shall be submitted toqether with the applicable nonrefundable fee.
as indicated in the CDES fee schedule. and approved prior to or simultaneously
with the submission of a buildinq permit application. if required.
3. A conceptual site plan (CSP) is required for special events and seasonal sales.
For improved and unimproved properties the site plan must demonstrate that
provisions will be made to adequately address each of the followinq:
a. Vehicular and pedestrian traffic safety measures.
b. Adequate on-site or additional off-site parkinq areas shall be provided as
follows.
i. A maximum of 10 percent of the parkinQ required by section
4.05.04 of this Code may be occupied or otherwise rendered
unusable by the placement of temporary structures. equipment,
and merchandise.
ii. The minimum required number of handicapped parkinQ spaces
pursuant to section 4.05.07 shall remain available for use.
c. Limited activity hours.
d. Watchmen. fencinq and liqhtinq.
e. Fire protection measures.
f. Sanitary facilities.
q. If required. a faithful performance bond to quarantee compliance with the
conditions of the permit.
4. Review procedures.
a. Based upon the information contained in the application. the County Manaqer
or desiqnee may approve. approve with conditions relative to the health.
safety and welfare of the public or deny an application. and mav attach
conditions to the permit.
b. In the event an application is denied by the County Manaqer of desiqnee,
the reason(s) shall be noted on the application and returned promptly.
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5. Indemnification. The applicant shall be required to indemnify and hold harmless
Collier County. its officers. aqents and employees from and aqainst all claims.
suits. actions. damaqes. liabilities. expenditures or causes of action arisinq out of
or occurrinq durinq the activities of applicant under a permit issued hereupon in
the form and manner provided by the County Manaqer or desiqnee.
6. Cancellations and postponements.
a. If a permitted event is canceled or postponed, the applicant shall furnish
Collier County with written notification of such cancellation or
postponement and the reason(s) for same. It is understood that weather
conditions may cause last minute cancellations: however. the applicant
shall make every effort to notify the county staff prior to the scheduled
commencement of said event. If the event is to be re-scheduled. notice
of the date and time of the rescheduled event shall be provided.
b. If a permitted event is postponed. the permit will be amended to reflect
the rescheduled event dates and a COpy will be provided to the applicant
prior to the event.
c. If an event is cancelled and the County is notified prior to the initially
proposed commencement date the number of days used will not count
towards the maximum number of authorized days afforded for events by
the Code.
7. Suspension or revocation. Failure to comply with the terms and conditions of the
temporary use permit. once issued, shall be qrounds for immediate suspension
of the permitted activity until such time as the noncompliance is remedied. A
permit may be revoked. without refund. for established public safety and welfare
issues. The suspension or revocation shall be initially communicated verbally.
followed by a written suspension or revocation order. The continued failure to
comply with the terms and conditions of a previously suspended permit may
result in the revocation of said permit.
8. Violations. The failure to obtain a required Temporary Use Permit. and/or the
failure to cease activities authorized by such a temporary use permit. includinq
the removal of any displays. structures. merchandise, equipment. siqns or
banners authorized by said permit. upon expiration, suspension. or revocation
shall establish a violation of this Code and shall be subject to the penalties
established within this Code.
9. ;h Film Permit.
a. Permit required. A permit shall be required for the following activities
taking place, in conjunction with commercial motion picture. film,
television, video or still photography production: the use of set scenery.
temporary structures or other apparatus, special effects. or closure of
public streets or accessways. This Code shall not apply to bona fide
newspaper, press association. newsreel or television news media
personnel, nor to properties that have been zoned to allow motion
picture/television filming as a permitted use.
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b. Application for permit; contents. Any person, firm. corporation,
association or governmental entity desiring to obtain a permit shall apply
to the County Manager or his designee: and said application shall include
but not be limited to the following.
i. Name, address (including local address) and telephone number of
applicant.
ii. Proof of comprehensive general liability insurance coverage in the
amount of at least $1,000,000.00 combined single limit, with
Collier County named as an additional insured. The applicant shall
provide to the County Manager or his designee a certificate of
insurance evidencing that said insurance is in effect and certifying
that Collier County be given 30 days' notice prior to the expiration
or cancellation of the policy.
iii. Special effects to be utilized, especially incendiary or explosive
devices, with proof of not less than $5,000,000.00 comprehensive
general liability insurance combined single limit with Collier County
listed as additional insured. In addition, the application shall list
the person in charge (pyrotechnician) of such special effects,
together with his qualifications and license from the applicable
federal and/or state agencies, and authorization from the local fire
district permitting the event.
iv. Locations, dates and hours of filming.
v. The following information is required by the County Manager or
his designee, unless waived:
a) A conceptual plan indicating the location of film events and
parking facilities provided.
b) Plans for construction or utilization of structures on subject
site(s).
c) Number, type and location of sanitation facilities to be
provided. Plans for disposal of refuse and debris, and
restoration of the site(s) to its original condition.
d) A description of any lighting facilities that would be
necessary and/or the need to disconnect any public
lighting.
e) A description of any use which may encroach into
environmentally sensitive areas.
f) Approximate number and type of vehicles and/or
equipment to be used and any special parking
requirements. The number of personnel to be on location
with the production.
g) Necessity for closures of public streets or sidewalks and
for what duration and location.
h) An indication of any utilization of aircraft/fixed-wing,
helicopter, or balloons at the subject site(s).
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il List of county personnel or equipment requested, and an
agreement to pay for extraordinary services provided by
Collier County.
j) Provisions for traffic control, fire safety and security
precautions.
k) If located on private property, not under the county's
ownership or control. a written notarized agreement from
the property owner to allow the filming to occur on his
property.
I) Additional information requested to assist Collier
County in obtaining future film production.
c. Insurance requirements. The applicant shall maintain in force at all times
during the permit period, a comprehensive general liability policy with
limits other than those described in sections 10.02.06 G.3.b.ii. and b.iii.
above of this Code as determined by the risk management director upon
a review of the particular circumstances involved. Said applicant shall
provide to the County Manager or his designee a certificate of insurance
as evidenced that said insurance is in existence and certifying that Collier
County is a named insured, and that Collier County be given 30 days'
notice prior to the expiration or cancellation of the policy. Any additional
insurance requirements for filming on private property will be at the
discretion of the affected property owner.
d. Indemnification. The applicant shall be required to indemnify and hold
harmless Collier County, its officers, agents and employees from and
against all claims, suits, actions. damages, liabilities, expenditures or
causes of action arising out of or occurring during the activities of
applicant under a permit issued hereupon in the form and manner
provided by the County Manager or his designee.
e. Permit fee. No permit fee shall be required. Any additional license or user
fees which have been established for county-owned land or facilities shall
be in effect.
f. Issuance of permit. Upon presentation of the completed application, proof
of insurance, payment of permit fee, surety bond or cash payment in lieu
of the bond and review by the County Manager or his designee, the
permit may be issued. If the County Manager or his designee determines
that the use of public or private property could affect the public's use of
the property, or have potential adverse impacts on surrounding
properties, then he may require that the permit application be scheduled
for a public hearing before the Board of County Commissioners. The
special circumstances could include, but are not limited to, closure of a
public street or accessway; use of special effects. including incendiary or
explosive devices: a large production crew or crowd control; and
increased liability insurance required. The notice for the public hearing
shall be advertised in a newspaper of general circulation in the county at
least 1 time 15 days prior to the hearing.
g. Suspension of permit. Failure to comply with the terms and conditions of
the temporary use permit once issued shall be grounds for immediate
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suspension of the permitted activity until such time as the noncompliance
is remedied. The suspension shall be initially communicated verbally.
followed by a written suspension order; and continued failure to comply
with the terms and conditions of the permit may result in revocation of the
permit.
h. Costs for extraordinary services. The county shall recover direct costs for
extraordinary services rendered in connection with a production. Such
costs shall include, but not limited to, charges for personnel and/or
equipment committed in support of the production which are outside the
normal scope of government services. Based on the information
contained in the permit application, an estimate of these costs will be
provided to the applicant prior to issuance of this permit. The county may
require prepayment of all or a portion of these estimated costs prior to
issuance of the permit. At the conclusion of the production, actual costs
below or in excess of the estimates will be refunded by the county or paid
by the applicant, respectively.
i. Surety bond. A surety bond in an amount to be determined by Collier
County and issued by a company authorized to issue bonds in Florida or
cash payment in lieu of the bond may be required by the County Manager
or his designee to provide for cleanup and/or restoration of the subject
site(s).
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APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS
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10. Annual beach events which occur during Sea Turtle Nesting Season (May 1 st through
October 31st of each year) are also subject to the following regulations:
A. All required Florida Department of Environmental Protection (FDEP) Field
Permits. shall be obtained and a copy furnished to Collier County prior to the
time of the scheduled event as set forth in section 13.04.06. 5.04.07.
B. Consistent with section 5.04.06. 5.04.07. no structure set up, or beach raking, or
mechanical cleaning activity for any particular Beach Event shall not commence
until after monitoring conducted by personnel with prior experience and training
in nest surveys procedures and possessing a valid Fish and Wildlife
Conservation Commission Marine Turtle Permit has been completed.
C. Prior to all scheduled beach events, every beach event permit holder is required
to rope off (or otherwise identify with a physical barrier) an area with no less than
a 15-foot radius around each sea turtle nest that has been identified and marked
on a beach, unless a greater distance is required by an applicable State permit.
D. Use of vehicles on the beach is prohibited, except as may be permitted under
section 5.04.06. 5.04.07.
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E. Consistent with section 5.04.06 5.04.07 all materials placed on the beach for the
purpose of conducting permitted Beach Events must be: 1) removed from the
beach by no later than 9:30 p.m. the date of the event; and 2) no structures may
be set, placed, or stored on, or within ten feet of any beach dune, except that
materials may remain in an identified staging area until 10:00 p.m. The location
and size of all staging areas will be as identified in the annual beach events
permit.
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LDC Amendment Request
ORIGIN: Board of County Commissioners
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT: Engineering and Environmental Services Department
AMENDMENT CYCLE: 2009 Cycle
LDC PAGE: LDC5:28-5.30
LDC SECTION(S): 5.05.02
CHANGE: To clarify how the County will treat the length of shoreline within a conservation
easement when calculating the amount of wets lips according to the Manatee Protection Plan.
REASON: The rating system used in calculating the maximum number of wetslips in
accordance the Manatee Protection Plan, uses the amount of shoreline to calculate the maximum
number of wetslips. Although the LDC specifies that the purpose of the marina siting criteria is
to help determine the maximum wet slip densities in order to improve existing Manatee
protection, neither the LDC nor the Manatee Protection Plan specifically addresses shoreline
within conservation easements.
State agency staff from the Florida Fish and Wildlife Conservation Commission, have advised
County staff that the total length of shorelines, including that which is within conservation
easements, is used in the calculations for maximum allowable wetslips where the purpose of the
conservation easement is vegetation management. However, where the conservation easement
prohibits "in-water structures", the length of shoreline within the conservation easement is
excluded from the calculations and thus, the number of allowable wetslips are reduced in
proportion to the length of the excluded shoreline. State staff indicate that "in-water structures"
can be characterized as the construction and operation of future docks, wet or dry slips, piers,
launching facilities or structures other than existing on the property, or activities detrimental to
drainage, flood control, water conservation, erosion control, soil conservation, or fish and
wildlife habitat preservation including, but not limited to, ditching, diking, dredging, and fencing.
In January 2006 during evaluation of a project, staff from the Office of the County Attorney
reviewed various documents including the existing conservation easement on the project, the
GMP, LDC, Manatee Protection Plan, State Statutes, and State cases in order to determine
whether shoreline length in the conservation easement area should be excluded from the
calculation to determine the number of allowable boat slips. The result of this review essentially
provided staff with a procedure that specified that staff should review the actual language of a
conservation easement to determine if the easement language excludes the use of the easement
shoreline to calculate the amount of wetslips. Inspecting the conservation easement to determine
its prohibitions is also consistent with the State's application.
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During the April 22, 2008 BCC meeting, the BCC directed staff to meet with stakeholders and
bring back an amendment on how the County will treat the length of shoreline within a
conservation easement when calculating the amount of wetslips according to the Manatee
Protection Plan. Meetings were held with stakeholders on May 22,2008, June 17,2008 and May
13,2009.
FISCAL & OPERATIONAL IMPACTS: Staff will need to review the language of the
conservation easement in order to determine if it excludes the shoreline from calculating
maximum allowable wetslips. Obtaining and evaluating the conservation easement for applicable
language should take no more than one hour of staff time.
RELATED CODES OR REGULATIONS: None
GROWTH MANAGEMENT PLAN IMPACT: None. The County has incorporated the
Manatee Protection Plan within Conservation and Coastal Management Policy 7.2.1 and Policy
7.2.3.
OTHER NOTESNERSION DATE: Created July I, 2009. Revised August 20, 2009
Amend the LDC as follows:
5.05.02 Marinas
A. The following standards are for the purpose of manatee protection and are applicable to
all multi-slip docking facilities with ten slips or more, and all marina facilities.
B. Proposed developments will be reviewed for consistency with the Manatee Protection
Plan ("MPP") adopted by the BCC and approved by the DEP. If the location of the
proposed development is consistent with the MPP, then the developer will submit a
"Manatee Awareness and Protection Plan," which shall address, but not be limited to.
the following categories:
1. Education and public awareness.
2. Posting and maintaining manatee awareness signs.
3. Information on the type and destination of boat traffic that will be generated from
the facility.
4. Monitoring and maintenance of water quality to comply with state standards.
5. Marking of navigational channels. as may be required.
C. A rating system is established to evaluate proposed marina facilities. The purpose of the
marina site rating system is to help determine the maximum wet slip densities in order to
improve existing Manatee protection. The marina site rating system gives a ranking
based on three (3) criteria: water depth, native marine habitat, and manatee abundance.
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In evaluating a parcel for a potential boat facility, a minimum sphere of influence for the
boat traffic must be designated. For the proposed marina facility, an on-water travel
distance of five (5) miles is considered the sphere of influence.
1. A preferred rating is given to a site that has or can legally create adequate water
depth and access, will not impact native marine habitats, and will not impact a
high manatee use area (See Table 5.05.02(C)(5)).
2. A moderate ranking is given to a site where: there is a adequate water depth and
access, no impact to a high manatee use area, but there is an impact to native
marine habitat; there is adequate water depth, no impact to native marine
habitat, but impacts a high manatee use area; and when the water depth is less
than four (4) feet mean low water (MLW), no impact to native marine habitat, and
no impact to a high manatee use area.
3. A protected ranking is given to a site where: there is adequate water depth and
access, but there is an impact to native marine habitat and there is an impact to
a high manatee use area; there is not adequate water depth, there is impact to
or destruction of native marine habitat, and there is impact to a high manatee
use area; there is not adequate water depth, no impact to marine habitat. but
there is impact to a high manatee use area; or there is not adequate depth, there
is impact to marine habitat, and no impact to a high manatee use area.
4. The exact areas will depend on site specific data gathered during the site
development process reviews.
5. Table of Siting Criteria
Water Depth Native Marine Habitat Manatee Use
(Measured at MLW)
4 ft. or Less than 4 No Impact Not High High
more ft. Imoact1
Preferred X X X
Moderate X X X
Moderate X X X
Moderate X X X
Protected X X X
Protected X X X
Protected X X X
Protected X X X
1 For shoreline vegetation such as mangroves, "no impact" is defined as no greater than
five (5) percent of the native marine habitat is disturbed. For sea grasses, "no impact" means
than no more than 100 square feet of sea grasses can be impacted.
D. Allowable wet slip densities.
1. Preferred sites. New or expanded wet slip marinas and multi-family facilities shall
be allowed at a density of up to eighteen (18) boat slips for every 100 feet of
shoreline. Expansion of existing and construction of new dry storage facilities is
allowed. Expansion of existing and construction of new boat ramps is allowed.
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2. Moderate development sites. New or expanded wet slips and multi-family
facilities shall be allowed at a density of up to ten (10) boat slips for every 100
feet of shoreline. Expansion of existing dry storage facilities is allowed.
Construction of new dry storage facilities is prohibited. Expansion of existing boat
ramps is allowed. Construction of new boat ramps is prohibited.
3. Protected sites. New or expanded wet slip marinas and multi-family facilities shall
be allowed at a density of one (1) boat slip for every 100 feet of shoreline.
Expansion of existing dry storage facilities or construction of new dry storage
facilities is prohibited. Expansion of existing boat ramp or construction of new
boat ramps is prohibited.
E. If a potential boat facility site is ranked as moderate or protected because of its
proximity to a high use manatee area, its ranking can be increased if slow speed zones
are established that account for a significant portion of the expected travel route of the
boats using the proposed facility. In that case, the manatee criteria in the three (3) way
test (see Table 5.05.02(C)(5)) would not affect the outcome of the ranking. If such slow
speed zones are not existing, the County may establish, with DEP approval. additional
slow speed zones in order to mitigate the proposed additional boat traffic.
F. Existing facilities and facilities which had state or federal permits prior to adoption of the
MPP shall be exempt from these provisions, but will be subject to all other requirements
of this Code.
G. The definition of shoreline for the purpose of the Manatee Protection Plan shall be the
interface of land and water at mean hiqh water. as established usinq standard survey
techniques. All of the shoreline will be used for calculatinq the maximum allowable
number of wetslips pursuant to the Manatee Protection Plan. except for shoreline within
conservation easements where the conservation easement expressly and specifically
excludes the use of the easement shoreline to calculate the amount of wetslips.
(Ord. No. 05-27, S 3.FF)
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LDC Amendment Request
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT: Engineering and Environmental Services Department
AMENDMENT CYCLE: Cycle I, 2008
LDC PAGE: LDCIO.I04-LDCIO.I09
LDC SECTION(S): 10.02.06 Submittal Requirements for Permits
CHANGE: Change the requirement for annual vehicle on the beach permits to a one time
permit (vehicle registration), except for vehicles associated with construction, beach
nourishment and inlet maintenance, which shall continue to expire on April 30 of each year to
coincide with the beginning of sea turtle nesting season.
Include the requirement for maximum vehicle ground-to-tire pressure of ten PSI (pounds per
square inch) for vehicles in association with environmental related beach activities and include in
the exemption subsection, an exemption for government agencies responding to emergency
situations such as that generated by storn1 events.
Include in the amendment, the standard formula used by the State to calculate maximum vehicle
ground-to-tire pressure.
Include hand pulled or pushed carts/dollies/hand trucks or similar type equipment for personal
use in the exemptions subsection.
REASON: Currently all vehicle on the beach permits expire on April 30th of each year to co-
inside with the beginning of sea turtle nesting season, thus requiring the issuance of new permits
each year. A one time permit (vehicle registration) will insure that new vehicles meet the
required ten PSI (pounds per square inch) ground to tire pressure without having to apply for a
new permit each year. The permit received will include information on the regulations for
operation of vehicles on Collier County beaches so applicants are aware of the requirements.
All vehicles on the beach, other than for beach nourishment type vehicles/equipment and
emergency vehicles are required to have a maximum ground-to-tire pressure of ten PSI. This
requirement was inadvertently left out for environmental work type vehicles when the vehicle on
the beach section ofthe LDC was last amended.
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Government entities responding to emergency situations requiring the use of vehicles/equipment
not being able to meet the maximum ground-to-tire pressure often PSI have been included in the
exemption subsection.
Including the standard formula for calculating the maximum vehicle ground-to-tire pressure in
the Code will make it easier for applicants to locate the formula in which to make the
calculations.
Including hand pulled or pushed carts/dollies/hand trucks or similar type equipment for personal
use in the exemptions subsection should not have a detrimental effect on the beach since this type
equipment would be difficult to use and have very limited use on the beach if it did not meet a
maximum ground-to-tire pressure often PSI.
FISCAL & OPERATIONAL IMPACTS: Time would be saved on the part of staff and the
applicant in preparing, reviewing and issuing permits each year for vehicles which have
previously demonstrated they meet the ten psi ground to tire pressure requirement.
According to the fee schedule approved by the BCC, vehicle on the beach permits cost $250.
Several vehicles may be registered under the samc permit when used by the same entity. Permit
fees are waived in the fee schedule for public and non-profit organizations engaging in
environmental activities for scientific, conservation or educational purposes.
Some additional cost will be incurred upon the County initially to develop vehicle registration
stickers to be placed on vehicles to operate on the beach.
RELATED CODES OR REGULATIONS: 5.04.06 (not affected by this amendment)
GROWTH MANAGEMENT PLAN IMPACT: None
OTHER NOTES/VERSION DATE: Created August 3, 2009.
Amend the LDC as follows:
10.02.06 Submittal Requirements for Permits
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I. Vehicfe on the beach regulations.
1. Unlawful to drive on sand dunes or beach or to disturb sand dune.
It shall be unlawful:
a. To operate or cause to be operated a hand-, animal-, or engine-driven
wheel, track or other vehicle or implement on, over or across any part of
the sand dunes, hill or ridge nearest the gulf, or the vegetation growing
thereon or seaward thereof, or to operate or drive such a vehicle on the
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area seaward thereof, commonly referred to as ~the beach"'WilJ:1iACllll1er
CSlll'lty,PleriEJa.
b. To alter or cause to be altered any sand dune or the vegetation growing
thereon or seaward thereof; make any excavation, remove any material,
trees, grass or other vegetation or otherwise alter existing ground
elevations or condition of such dune without first securing a permit as
provided for in this Code.
2. Exceptions; permit. All permits to allow operation of vehicles on county beaches
shall Q)(pire on .'\pril 30, of ouch YO:lr, to coinciao '....ith tho beginning of soa turtlo
nOE;ting SO:lson be subiect to the followinq. During sea turtle nesting season,
May 1 through October 31, of each year, all permits shall be subject to section
10.02.06 1.3 below. Permits issued in accordance with this section shall be valid
for the time the vehicle is usedfbl'its l:)el'fuitledful'lliltion and shall be prominently
displayed on the windshield of such vehicle and kept with the vehicle and be
available for inspection. Permits issued for construction vehicles enqaqed in
beach nourishment. inlet maintenance. and qeneral construction activities shall
expire on April 30, of each year.. to coincide with..the.beginninq of sea turtle
nestinq season. Vehicle on the beach Dermits are not transferable,
a. Sheriff, city. state and federal police, emergency services, :lnd tho Florida
Fish and Wildlife Conservation Commission vehicles operated or
authorized by officers of these departments operating under orders in the
normal course of their duties. and qovernment entities respondinq to
emerqency situations. shall be exempt from the provisions of this section.
b. Vehicles which must travel on the beaches in connection with
environmental maintenance. conservation, environmental work, and/or for
purposes allowed by Collier County Ordinance No. 89-16. providing that
the vehicle(s) associated with the permitted uses of Collier County
Ordinance No. 89-16 remain stationary. except to access and egress the
beach, shall be exempt from the provisions of this section if a permit has
been obtained from the environmontul servicos aepartment diroctor or his
County Manaqer or designee, :lnd s3ia [permit] is prominontly dispbyod
on the windshield of such vohiclo nnd kept with tho vohiclo and :lv:lilnblo
for inspection. The procedure for obtaining such a permit shall be by
application on the form prescribed by Collier County to tho onvironmont:ll
sorvicos aopartrnont director in writing stating the reason or reasons why
it is necessary for such vehicle or vehicles to be operated on the beaches
in connection with an environmental maintenance, conservation.
environmental purpose and/or for purposes allowed by Collier County
Ordinance No. 89-16, taking into consideration the vehicular use
restriction previously stated as a criterion for an exception, and permit for
such vohiclo or vohiclos sh;:}1I bo issuod by tho onvironmentnl sorvicos
dop:lrtmont director if tho onvironmonbl sorvicos dopartmont airector if
the County Manaqer or desiqnee is satisfied that a lawful and proper
environmental maintenance, conservation, environmental purpose and/or
purpose as described above and allowed by Collier County Ordinance
No. 89-16 will be served thereby. All permits issued are subiect to the
followinq conditions and limitations:
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L. All vehicles shall be equipped with tires havinq a maximum
qround-to-tire pressure of ten PSI (pounds per square inch), as
established by the Standard PSI Formula provided below.
Calculations for tire pressure usinq the standard formula shall be
included with each permit application.
PSI = vehicle weight IIbs) + equipment (includinq fTlaxi[T1!Jm debris load
for beach rakina eqUillmE!nt and ridE!r weiaht (ibs)./ total tirE! footllrint
(sQuare inches)
c. Baby buggies (perambulators), toy vehicles, toy wagons, wheelchairs or
similar devices to aid disabled or non-ambulatory persons and hand
pulled or llushed carls/dollies/hand truoks or similar tVlle eqUiDment for
llersonal use shall be exempt from the provisions of this section.
d. Vehicle-on-the-beach permits issued in conjunction with special or
annual beach events, in conjunction with permanent concession facilities,
or for other routine functions associated with permitted uses of
commercial hotel property. Vehicles which are used in conjunction with
functions on the beach, are exempt from the provisions of this section if a
vehicle-on the-beach permit has been granted by the County Manager or
designee. All permits issued are subject to the following conditions and
limitations:
i. The use of vehicles shall be limited to set-up and removal of
equipment for the permitted function.
ii. Said permits shall be prominently displayed on the vehicle and
kept with the vehicle and available for inspection.
iii. The types of vehicles permitted for this use may include ATVs,
non-motorized handcarts or dollies, and small utility wagons,
which may be pulled behind the ATVs.
iv. All vehicles shall be equipped with larlilE!IilI'1~.llfAatiG tires having a
maximum ground-to-tire pressure of ten PSI (pounds per square
inch), as established by the Standard PSI Formula. Calculations
for tire pressure using the standard formula shall be included with
each permit application.
v. Permits shall only be issued for ATVs when onvironmontal
sorvices dop:lrtmont staff the County Manaqer or desianee has
determined that: 1) evidence has been provided that there is a
need to move equipment, which, due to the excessive weigh and
distance of equal to or greater than 200 feet, would be prohibitive
in nature to move with, push carts or dollies; or 2) a limited
designated work area has been established at the foot of the
dune walkover for loading and unloading and the ATV use is
restricted to that limited identified area.
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vi. When not in use all vehicles shall be stored off the beach.
vii. During sea turtle nesting season, the following shall apply: 1) no
vehicle may be used on the beach until after completion of daily
sea turtle monitoring conducted by personnel with prior
experience and training in nest surveys procedures and
possessing a valid Fish and Wildlife Conservation Commission
Marine Turtle Permit; 2) there shall be no use of vehicles for set
up of chairs or hotel or commercial beach equipment, etc. until
after the beach has been monitored; 3) one ingress/egress
corridor onto and over the beach, perpendicular to the shoreline
from the owner's property, shall be designated by the GeIlief
County En'lironmontal Services Dop(lrtmont (ESD) County
Manaqer or desiqnee; additional corridors may be approved when
appropriate and necessary as determined by the ~ County
Manaqer or desiqnee; a staging area may be approved for large
events as determined by the ~ County Manaqer or desiqnee
and 4) except for designated corridors, all motorized vehicles shall
be operated below the mean high water line (MHW), as generally
evidenced by the previous high tide mark. If at anytime ~ the
County Manaqer or desiqnee determines that the designated
corridor may cause adverse impacts to the beach, nesting sea
turtles, or the ability of hatchlings to traverse the beach to the
water, an alternative corridor shall be designated. If no alternative
is available, as determined by the ~ County Manaqer or
desiqnee, the vehicle-on-the-beach permit may be suspended for
the remaining periOd of the sea turtle season.
vii. These vehicles may not be used for transportation of people or
equipment throughout the day. The permit shall designate a
limited time for equipment set up and for the removal of the
equipment at the end of the day.
e. Permit for construction (excluding beach re-nourishment and
maintenance activities). Prior to beginning construction in proximity to a
sand dune for any purpose whatsoever, including conservation, a
temporary protective fence shall be installed a minimum of ten feet
landward of the dune. It shall be unlawful to cause or allow construction
and related activity seaward of such fence. Each permit for work shall
clearly indicate the provisions of this Code and the protective measures
to be taken and shall be subject to the provisions of section 10.02.06 1.3.
f. Beach raking and mechanical beach cfeaning.
i. Beach raking and mechanical beach cleaning shall be prohibited
on undeveloped coastal barriers unless a state permit is obtained.
ii. Beach raking and mechanical beach cleaning must comply with
the provisions of section 10.02.06 I. of this Chapter.
iii. Beach raking and mechanical beach cleaning shall not interfere
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with sea turtle nesting, shall preserve or replace any native
vegetation on the site, and shall maintain the natural existing
beach profile and minimize interference with the natural beach
dynamics and function.
iv. Beach raking and mechanical cleaning shall not occur below
MHW on the wet sand area of beach which is covered by high
tide and which remains wet during low tide. ~beach raking and
mechanical beach cleaning shall not operate or drive within 15
feet of dune vegetation and endangered plant and animal
communities, including sea turtle nests. Surface grooming
equipment that does not penetrate the sand may operate or drive
to within ten feet of dune vegetation and endangered plant and
animal communities, including sea turtle nests.
v. Beach raking and mechanical beach cleaning devices shall not
disturb or penetrate beach sediments by more than the minimum
depth necessary, not to exceed two inches, in order to avoid a
potential increase in the rate of erosion.
vi. Vehicles with greater than ten psi ground to tire pressure, shall
not be used to conduct beach raking. Vehicles with less than ten
psi ground to tire pressures, in conjunction with the attachment of
a screen, harrow drag or other similar device used for smoothing
may be used to conduct beach raking upon approval of the ESQ
County Manaqer or designee.
vii. Mechanical beach cleaning involving sand screening or a
combination of raking and screening shall only be conducted on
an "as needed" basis as determined by the pUblic utilitios
onginccring dopartmcnt :lnd tho on'lironmontal scrvicos
dep:lrtmont County Manaqer or desiqnee. Necessity will include
when large accumulations of dead and dying sea-life or other
debris remains concentrated on the wrack-line for a minimum of
two tidal cycles following a storm event, red tide or other materials
which represent a hazard to public health.
g. Vehicles associated with beach nourishment and inlet maintenance.
i. Heavy equipment used in conjunction with beach nourishment,
inlet maintenance, to accomplish FDEP permit requirements, or
other unusual circumstance as determined by the GGES
:ldministrator County Manaqer or desiqnee, which cannot meet
the standard PSI, will require compaction mitigation. Mitigation
shall be accomplished by tilling to a depth of 36 inches or other
FDEP approved methods of decreasing compaction. Beach tilling
shall be accomplished prior to April 15 following construction and
for the next two years should compaction evaluations exceed
state requirements.
ii. Utilization of equipment for the removal of scarps, as required by
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FDEP, shall be limited to an ingress/egress corridor and a zone
parallel to the MHW. Scarp removal during sea turtle season shall
have prior FDEP approval and coordinated through the FDEP,
FWCC, CCESD the County Manaqer or desiqnee, and the person
possessing a valid Fish and Wildlife Conservation Commission
Marine Turtle Permit for the area.
iii. No tilling of the beaches shall occur during sea turtle nesting
season.
3. Operation of vehicles on the beach during marine turtle nesting season. The
operation of motorized vehicles, including but not limited to self-propelled,
wheeled, tracked, or belted conveyances, is prohibited on coastal beaches
above mean high water during sea turtle nesting season, May 1 to October 31,
of each year, except for purposes of law enforcement, emergency, or
conservation of sea turtles, unless such vehicles have a valid permit issued
pursuant to this section. Permits issued pursuant to this section are not intended
to authorize any violation of F.S. S 370.12, or any of the provisions of the
Endangered Species Act of 1973, as it may be amended.
a. All vehicle use on the beach during sea turtle nesting season, May 1 to
October 31, of each year must not begin before completion of monitoring
conducted by personnel with prior experience and training in nest surveys
procedures and possessing a valid Fish and Wildlife Conservation
Commission Marine Turtle Permit.
4. Penalties. Notwithstanding the penalties set forth elsewhere in this Code,
violations of this section are subject to the following penalties:
a. Violations of section 10.02.06 1.2.f above which do not occur during sea
turtle nesting season, i.e., occur outside of sea turtle nesting season, are
subject to up to a $500.00 fine per violation.
b. Minor infractions of section 10.02.06 1.2.f above which occur during sea
turtle nesting season are subject to up to a $500.00 fine per violation.
Minor infractions are defined as any activity that will not cause immediate
harm to sea turtles or their nesting activity; and include, but are not
limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles
being operated: b a) without permit being available for inspection; or b)
with improper tire pressure.
c. Major infractions of section 10.02.06 1.2.f above which occur during sea
turtle nesting season, are subject to the following penalties. Major
infractions are defined as any activity that may cause immediate harm to
sea turtles or their nesting activities; and include, but are not limited to,
the following: 1) use of a vehicle prior to daily sea turtle monitoring. 2)
use of a vehicle after 9:30 pm, or 3) use of a vehicle outside of a
designated corridor.
First violation: $1,000.00 fine and a suspension of permitted activities,
including but not limited to: beach raking or mechanical cleaning
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activities, for 70 days or the balance of sea turtle nesting season,
whichever is less.
Second violation: $2,500.00 fine and a suspension of permitted activities,
including but not limited to: beach raking or mechanical cleaning
activities, for 70 days or the balance of sea turtle nesting season,
whichever is less.
Third or more violation: $5,000.00 fine and a suspension of permitted
activities, including but not limited to: beach raking or mechanical
cleaning activities, for 70 days or the balance of sea turtle nesting
season, whichever is less.
d. Violations of section 10.02.06 I., which do not occur during sea turtle
nesting season, i.e., occur outside of sea turtle nesting season, are
subject to up to a $500.00 fine per violation.
e. Violations of sections 10.02.06 I. which occur during sea turtle nesting
season are subject to the following penalties:
Minor infractions are subject to up to a $500.00 fine per violation. Minor
infractions are defined as any activity that will not cause an immediate
harm to sea turtles or their nesting activity; and include, but are not
limited to, the following: 1) use of an unpermitted vehicle; 2) vehicles
being operated: a) with permit not available for inspection; or b) with
improper tire pressure.
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3/22/2010
DRAFT
DSAC LDC Meeting
August 5, 2009 at 1:30 pm
CDES 609/610
Section 2.03.07 - Vanderbilt Beach Residential Tourist Zoning District (VBRTO)
Vanderbilt Beach Residents' Association - Represented by Patrick White
VOTED 6 TO 2 TO RECOMMI:ND TilE AMENDME~T \HIII TilE REMOVAL 01 Till: NOTlI'l('A 110", PROVISIO~S A~ll
REMOVAL OF TIlE PROPOSED SEPARATIOI\' HEQ{IIRE!\'1F.YI"S liOR A(,CESSOI~Y STRUCTlIRES
Member comments:
. Concern was raised that a precedent telf notitication would be set by this amendment: [I'
residents in the YBRTO receive notification of SIPs and SDPs, why shouldn't every
property owner in the County is notified ofSDPs and SIPs') Every HOA will also want
notifieation of SIPs and SDPs.
. Just require notification of HOA (YBRA)
· Since this is notification for an administrative process, there are no arrangements to take
public comments; therefore, review staff will be contacted by notitied property owners.
This situation would take up a lot of statf timc and result in even longer review periods.
. Page 3 I - L. I. "assure reasonable use and access" .. members commented that
reasonable is not defined and is open to interpretation.
. Page 34 L.6.f There may be unintended consequences of changing setbacks for all
accessory structures. Some structures, such as 'pump house buildings' will need to be
exempted.
. Page 35-36 L.13. The dates fe)f thc vested rights determinations are not clear.
Section 2.03.03 - Commercial Zoning Districts
Private Petition - Represented by Richard D. Y ovanovich, Esq.
VOTED 8-0 TO RECOMME~D APPROVAl. m' LOC AVIENDV1ENT REQl1ISI
Section 2,05,01 - Density Standards and Housing Types
Private Petition - Represented by Bob Duane, AICP
VOTED 8-0 TO RECOMVIENll APPROV,\L 01 LOC AVIEM)ME~T REQlIEST; WITIII ABsnSIION
Section 2.03.07 - Overlay Zoning Districts (subsection G, Immokalee Overlay)
Immokalee eRA - Represented by Bob Mulhere, AICP
VOTED 8-0 TO RECOVIVIENll APPROVAL m LOC AMI:~IlME~T RFQlEST WII" I ABSTI:NTlO~.
Page 26 - second line: Reference the localion of the table of Required Preservation Percentages.
Staff commented that the applicant's estimate of the cost of providing the service by County staff
is underestimated. For an administrative deviation, an estimate based on $36.00/stafT hour is too
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low and does not include overhead and othcr expenses associated with administrative review and
approval. If a deviation must go to a public hearing. the amount of staff work and resources
invested would be comparable to the fee assoeiated with a varianee; even more, if therc are
numerous deviations requested under one application, then the cost would exceed that of a
vanance.
Section 1.08.02 Definitions
Omission - staff
UNA7'lIMOlJS (9-0) TO RECOMME7'lD APPROV \1. OF LDC AME7'lDMENT REQIEST WITH REVISIONS
The committee recommended the following revision to the definition:
(based upon thefactthatfilrm of ownership is not u determinate in definition of the use).
Dwelling, Mufti-family: A group of 3 or more dwelling units within a single convontionnl buildingc
attached side by side, or one above the other. or both. I\nd whoroin each dl'lollin>l unit ma'l bo
indi'/iduallv owned or lea60d initially on land which is undor cemmon or sinqlo ownership.
No change was requested to the remainder of the proposed text, subsections a.- d.
Section 1.08.02 Definitions
Deletion of subdivision. minor staff
U7'lANIMOliS (9-0) TO RECOMMI:7'lll APPRO\\1. m LDC A\IENI)Y1ENT REOIEST
No comments.
Section 1.08.02 Definitions
Lot, corner
Lot, interior
Lot. through
Omission - staff
BRING BACK
Revise text of corner lot, as it is unclear.
"Lot, interior: A lot othor than a cornor lot, With only one frontage on a street"
Look for illustrations to supplement text.
Section 2,01.00 Generally (Parking, use and storage ofrecrealional vehicles)
BCC-directed - staff
lJNANI\IOlIS (1 0-0) TO RECOMMEND AI'PRO\'\I. 01 LDC AYlENDMENT REO\ EST
No comments.
Section 2,03.04 Industrial Zoning Districts
2
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Private petition - Anthony Pires, Jr.
NOT Ht:ARD
Section 2.03.07 I. Bayshore/Gateway eRA
UNANIMOl'S (10-0) TO RECOMMEND ~PPRO\\L OF LDC AMnllMls!' REQI'ISI
Section 4.02.35 Design Standards for Development in the GTMUD Mixed Use
Subdistrict (MXD)
UNANIMOllS (10-0) TO RECOMMEND APPROVAl. OF LDC AVIENllMENT REQI'IS!'
No comments.
Section 4.05.02 Design Standards
Clarification - staff
UNANIVIOlIS (10-0) TO RECOMME~D AI'I'ROVAL 01 LDC Am:NllvIENT REQIEST
Bring back better copy of illustration illf September 2 DSAC meeting.
Section 4.05.04 Parking Space Requirements
Omission - staff
U~ANIMOI!S (10-0) TO RECOMMEND APPROVAl. OF LDC Am:~D~n:~T REQI'EST
No comments.
Section 5.05.05 Automobile Service Stations
Omission - staff
BRI~G BACK
Clarification of districts in whieh these setbacks apply.
Sections 8.03.00 - 8.07.05 Advisory Boards' Powers and Duties, Membership, Rules of
Procedure, Appeals, etc.
BCC-directed - staff
UNANIMOllS (10-0) TO RECOMMnll APPROVAL OF LDC AME~llVIE~ I REQI EST
No comments.
Section 10,02.06 Submittal Requirements for Permits
Clarification - staff
NOT HEARll
1
-,
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