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DSAC Backup 10/07/2009 R September 16, 2009 DSAC LDR Subcommittee meeting D~ C}- 7w9 ) Native Vee:etation Definition LDC amendment 3.05.07 A.2 (Native trees) Include language to only require trees to be retained in areas where you have a density of at least 8 trees per acre. Use a minimum DBH (Diameter at Breast Height) of 12 inches for oaks and other hardwood trees. 8 inch DBH for pines is good. Clarify that encroachment within drip line of retained trees is allowed when evaluated by an arborist. 3.05.07 A.6 Add "but not entirely cleared" after first comma in first sentence of the first paragraph. Create a new number (number 7) for everything after first sentence in first paragraph. 3.05.07 A.6.a.iii Delete "and may be supported by", since it is not so restricted in 10.02.06 D.1.f of the LDC. Add "but are not limited to" after "may include" in second sentence. Include time frame to allow agricultural fields/pasture to go fallow for BMPs. Marco will research and DSAC LOR Subcommittee will rehear amendment at the next Subcommittee meeting. Language to be considered included "where secondary growth has established itself as a native vegetative community, but not to include re-growth less than], years". Preserve Manae:ement Plans LDC amendment 3.05.07 H.1.g.viii Replace "monitoring for hydrology" with "water levels". Text underlined is new text to be added Text strikatt:lreblQh is Gl:lrreAt 18)(t tEl be deleted Bold text indicates a defined term LDC Amendment Request ORIGIN: BCC Directed. AUTHOR: Stan DEPARTMENT: CDES Department of/oning and Land Development Review AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC SECTION(S): 2.03.01 Agricultural Zoning Districts 5.04.05 Temporary Events CHANGE: Provides allowance for youth actively engaged with 4-H and residing within Golden Gate Estates to obtain a 16-week Temporary Use Permit for the purpose of raising up to 2 hogs for presentation at the annual Collier County Fair. REASON: At the November 23. 1999. BCC hearing a motion was made by Commissioner Barbara Berry directing staff to develop a Temporary Use Permit (TUP) for the above described use and to provide any LOC options that might be available. An executive summary was drafted proposing an LOC amendment ..to allow youth residing in the Estates to raise hogs (on a temporary basis) for presentation at the Collier County Fair.. ." This executive Summary also stated that the Code allowed the Board to approve an 8-week IU I' and recommended 2 hogs per family on lots greater than 1.25 acres. Minutes of the December 14. 1999. BCe: hearing reveal item 8.A.2 proposing the 'I'lli' was approved as a one-time allowance. pending an LOe: amendment. Staff has been unable to locate any records evidencing such a LOe: amendment and is of the opinion this issue needs to be resolved. Staff believes that as prohibitions against hogs presently exist within residential zoning areas that the best means for allowing said hogs is by means of a TUP. Said TUP would require evidcnce of affiliation with 4-H youth programs, provide critcria pertaining to the fccding and housing of the hogs, stipulate the duration and purposc and provide a mechanism lor rcvocation should the animals become a nuisance. FISCAL & OPERATIONAL IMPACTS: Staffrceommends that the fee for this TUP be a cost that can be absorbed by the applicant. youth engagcd in filrming activities. not to excced $5.00. This minimal fee will defray staff costs and allcm the applicant to beeomc familiar with the governmental regulation and controls inbercnt to busincss operations. It is expcctcd that this fce will be passed on to the eonsumcr upon sale of the hogs at the County Fair, at which time the TUP will also becomc void. RELATED CODES OR REGULATIONS: 1 C:\Temporary Internet Files\Content.Outlook\M2XQPTYF\2 03 01 B 1 b Estates~Accessory Uses-4H Hogs,doc Text underlined is new text to be added. ~. strikstt:lrsl::lriJt:l is Gl.lr~t tEl 138 aeleteEl Bold text indicates a defined term GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESIVERSION DATE: Amend the LDC as follows: 2.03.01 Agricultural Zoning Districts. * * * * * * * * * * * * * B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and IS compatible with the low density residential, semi-rural and rural character of the E district The E district corresponds to and implements the estates land use designation on the future land use map of the COllier County GMP, although, in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the COllier County GMP as provided under the Golden Gate Master Plan. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district IE). * * . * * * * * * * * * b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the (E) district 2. Field crops raised for the consumption by persons residing on the premises. 3. Keeping of fowl or poultry, not to exceed 25 in total number, provided such fowl or poultry are kept in an enclosure located a minimum of 30 feet from any lot line, and a minimum of 100 feet from any residence on an adjacent parcel of land. 4. Keeping of horses and livestock (except for hogs), not to exceed two such animals for each acre, and with no open feedlots Any roofed structure for the shelter and feeding of such animals shall be a minimum of 30 feet from any lot line and a minimum of 100 feet from any residence on an adjacent parcel of land. a. On lots/parcels of 125 acres and qreater, section 504 05 o 1. provides for the issuance of a 16-week temporarv use permit (TUP) to keep a maximum of 2 hoqs while enqaqed 2 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\2 03 01 B 1 b Estates-Accessory Uses-4H Hogs.doc Text underlined is new text to be added T-e}{tw.kethr~-is--Gurf6ntt6}{t--te--ge--~ Bold lext indicates a defined term in a bona fide 4-H youth development proqram. . . . . . . . . . . . . . 5.04.00 TEMPORARY USES AND STRUCTURES * * * * * * . * * * . . * 5.04.05 Temporary Events . . . . . . . . . . . . . D. Temporary Uses, not elsewhere classified. At the direction of the BCC, the County may from time to time. be called upon to allow certain uses for specific periods of time. After public hearinq. the County Manaqer or desiqnee may issue a Temporary Use Permit upon receipt of satisfactory evidence that all stipulations and/or requirements have been satisfied. 1. 4-H Youth Development Proqrams. A non-renewable 16-week permit may be issued to allow for the keepinq of UP to 2 hoqs. on Estates zoned property of 1.25 acres or qreater. in preparation for showinq and sale at the annual Collier County Fair a. Pastures must be fenced and maintained Any roofed structure used for the shelterinq, feedinq, or confinement of such animals shall be setback a minimum of 30 feet from lot lines and a minimum of 100 feet from any residence on an adiacent parcel of land. b. Structures. as described above. shall be maintained in a clean. healthful, and sanitary condition. c. Once removed for showinq and sale, the hoq(s) shall not be returned to the property d. This permit may be revoked with cause 3 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\2 03 01 B 1 b Estates-Accessory Uses-4H Hogs,doc Text underlined is new text to be added Text E:triltetA~-GUff&Rt.-text t9 l3e delatea, Bold text indicates a defined term LDC Amendment Request ORIGIN: Vanderbilt Beach Resident's Association AUTHOR: Patrick G. White, Esq., Porter, Wright DEPARTMENT: N/A AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC2:69 through LDC2:73 LDC SECTION(S): 2.03.07. Overlay Zoning Districts CHANGE: To modify land development regulations to clarify existing provisions to achieve intent of the Vanderbilt Beach Residential Tourist Overlay. REASON: To address impacts from recent, unanticipated development within the overlay district and adjacent waters. FISCAL & OPERATIONAL IMPACTS: none RELATED CODES OR REGlJLATIONS: none GROWTH MANAGEMENT PLAN IMPACT: none OTHER NOTESNERSION DATE: (1I92109-IIS.17) Amend the LDC as follows: Sec. 2.03.07. Overlay Zoning Districts * * * * * * * * * * * * * L. Vanderbilt Beach Residential Tourist Overlay Zoning District (VBRTO). 1. Purpose and intent. The purpose and intent of this district is to encourage development and redevelopment of the Vanderbilt Beach area to be sensitive to the scale, compatibility, and sense of place that exists in the Vanderbilt Beach area. This district is intended to establish development standards and procedures. which will protect view corridors, light. and air movements between the Gulf of Mexico and the Vanderbilt Lagoon. and prevent the creation of a canyon-like effect on each side of the narrow Gulfshore Drive riqht-of wav, and assure reasonable use and access to Vanderbilt Laqoon. C:\TemporaT)' Internet Files\(\mlenl Outlook\,M2 X(WI \'1",2 ()i (J7 I V!il{j(l ((J92109) P\\-"I)OC Text underlined is new text to be added. Texl_tllfGjj~IHH"'Feflt___ Bold text indicates a defined term 2. Applicability These regulations and procedures shall apply to all development or redevelopment within the Vanderbilt Beach Residential Tourist Overlay District as identified on VBRTO Map VBRTO-1 and further identified by the designation "VBRTO" on the applicable official Collier County zoning atlas maps. Except as provided in this section of the code, all other uses, dimensional, and development requirements shall be as required or allowed in the applicable underlying zoning district. 3. Geographic boundaries. The boundaries of the Vanderbilt Beach Residential Tourist Overlay District are delineated on Map VBRTO-1 below. ". -",' jI:.....,: ~-:_-l r,.j :. t~J.~ ~ f\-~~~~-'""'j-r c/o., , .............. ~t, ". " , ....~.~,/' '..".../ .--+- . . ~~....,-- "'~- -.., /:+t,,~ I , .+, , ~ !>~', .<<'.J L--~~~ ~m..,..".'-'"'!l'_{ VBRTO-1 4. Figures, The figures (1-4) used in this section are solely intended to provide a graphic example of conditions that will protect view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon and not as requirements for the style of specific projects. Variations from these figures, which nonetheless adhere to the provisions of this section, are permitted. The Community Character Plan For Collier County Florida (April 2001) should be 2 C\Temporary Internet FiJes\Contenl,Outlook\M2XOPTYI-\2 03 ()71 Vl1RTO (()\)2109) I'\V[)OC Text underlined is new text to be added ~-stfiketRf~ is GblrreAt~ be deleted Bold text indicates a defined term referenced as a guide for future development and redevelopment in the overlay district. 5. Development criteria. The following standards and procedures shall apply to the development or redevelopment of all uses in this overlay district. a. Permitted uses. I. Hotels and motels. II. Multiple-family dwellings iii Family care facilities, subject to section 50504 IV. Timeshare facilities b. Uses accessory to permitted uses I. Uses and structures that are accessory and incidental to the uses permitted as of right in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO). II. Shops, personal service establishments, eating or drinking establishments. dancing and staged entertainment facilities, and meeting rooms and auditoriums where such uses are an integral part of a hotel or a motel and to be used by the patrons of the hotel/motel. iii. Private docks and boathouses, except as specified in c.. below, and subject to sections 503.06 and 5.05.02. so lonq as notice is prOVided for as reqUired In d, below for all multi-slip dockinq facilities. with or without a boathouse iv. Recreational facilities that serve as an integral part of the permitted use designated on a site development plan or preliminary subdivision plat that has been previously reviewed and approved which may include, but are not limited to: golf course clubhouse, community center building and tennis facilities, parks, playgrounds and playfields. c. Conditional uses. The following uses are permitted as conditional uses in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO), subject to the standards and procedures established in section 100800 i. Churches and other places of worship. ii Marinas. subject to section 50502 3 C:\Temporary Internet Filcs\ContentOutlouk\M2XOPTYF\2 03 07 L VBRTU ((N2109) PW,DOC Text underlined is new text to be added. T~&tr~h is G\;lrrent tS)(ttG-Ge--4&IeteG-. Bold text indicates a defined term III Noncommercial boat launching facilities and multi-slip dockinq facilities for qreater than 10 slips, subject to the applicable review criteria set forth in section~ 503.06. and 505.02. IV. Group care facilities (category I and II); care units; nursing homes; assisted living facilities pursuant to S 400.402 F.S. and ch. 58A-5 FAC.; and continuing care retirement communities pursuant to S 651 FS. and ch. 4-193 FAC; all subject to section 505.04. iv. Private clubs. vi. Yacht clubs. d. Site improvement plans and site development plans In addition to the requirements of section 10.0203. B., upon anv site improvement or development plan application pertaininq in part or whole to the VBRTO beinq deemed complete, notice of the submission of that application will be provided e\CfrtaJU.cUtJ:lQfQP"2fb':....~Af.t.&W!thlfl500-feet of t./lB.jafl€ls GGffiJ*~"2J!QlflC1Q9f12L"'\!Qh?!QQ!tg;3.t;gf.l::an.c.J-to the Vanderbilt Beach Resident's Association. or its successor or assiqn The notice must include a brief synopsis of what the application requests and be prepared by the applicant. who IS also responsible to document and provide evidence of maillnq of the notice to .ajj::r:lillillE~::QfOPl!r:!'t ownefs.as a condition of staff's review comments of the initial submittal beinq considered complete and available for transmittal to the applicant. 6. Dimensional standards. The following dimensional standards shall apply to all permitted, accessory, and conditional uses in the Vanderbilt Beach Residential Tourist Overlay District (VBRTO). a. Minimum lot area. One contiguous acre, not bisected by a public right-of- way. b. Minimum lot width. 150 feet c. Minimum yard requirements Are as follows, except that for all buildinqs. whether desiqnated as principal or accessory (specifically inclu_gjQg L1!r:!1~JQr__fl9.rklng.tagi.'tes.i. the provisions of section 402.01. D 4. throuqh 8 and 10 will not be applicable i. Front yard 30 feet. ii Side yards: 15 feet. iii. Rear yard: 30 feet. one-half the zoned building height with a minimum of one-half the zoned building height with a minimum of one-half the zoned building height with a minimum of 4 C\Temporary Internet Fiks\Content,Olltlook\M2XOPTY]-"',,2 ()3 07 l. VBRTU {0Y21 (J9) PW DOC Text underlined is new text to be added T-e~(J~--+S--Gl.lrraRt ts>:t te Be aelates. Bold text indicates a defined term d. Maximum height. 75 feet The height of the building will be measured according to the standards in section 1.0800 of the Code, based on' buildiRg, astual height of and buildiRg, zoned buildinq height-Gf. e. Maximum density permitted. A maximum of 26 units per acre for hotels and motels, and 16 units per acre for timeshares, multifamily, family care facilities, f. Distance between structures The minimum horizontal distance separation between any two principal or accessory buildings (speclflcally~.gludlnq accessQC'L.J2.l!1l.91f1..9.\3.__l!Se<:UPL essential services such as utliitle\3.L on the same parcel of land may not be less than a distance equal to 15 feet or one-half of the sum of their actual heights, whichever is greater, except that for all buildinqs, the provisions of section 4.02.01. D. 4. throuqh 8.. and 10., will not be applicable, and otherwise f,.---f:or accessory buildings and structures dimensional criteria, see section 4.02.(f.1.03, except that in the event of any conflict between these provisions the more restrictive will apply g. Floor area requirements. i. Three hundred (300) square foot minimum with a five hundred (500) square foot maximum for hotels and motels, except that twenty percent (20%) of the total units may exceed the maximum, ii. Timeshare/multifamily minimum area efficiency (450 square feet), one bedroom (600 square feet), and two or more bedrooms (750 square feet). h. Maximum lot area coverage (Reserved.) 7. Preservation of view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon. a. Figures 1--4, while not requirements, depict desired building relationships and view plane/angle of vision examples. Figures used in this section are solely intended to provide a graphic example of conditions that will protect view corridors, light and air movements between the Gulf of Mexico and the Vanderbilt Lagoon and not as requirements for the style of specific projects Variations from these figures, which nonetheless adhere to the provisions of this section, are permitted 8. Off- street parking and off- street loading As required in Chapter 4 of this Code. 9. Landscaping requirements. As required In Chapter 4 of this Code. 10. Signs. As required in section 506.00 of this Code. 11. Coastal ConstructIOn Setback Lines (CCSL). As required in Chapter 10 of this Code. 5 C:\Temporary lnlernet Files\ContenLOutJook\M2XOPTYF\2 ()3 ()7 I VBRT() W921(9) p~",j)oc Text underlined is new text to be added Te)(t striketAf01,J9R is EameRt te)(t to be aBletes. Bold text indicates a defined term 12. Post-Disaster Recovery And Reconstruction Management As required in the Code of Laws of Collier County. 13. Vested Rights All projects within the Overlay District for which completed applications for rezoning, conditional use, variance, subdivision, site improvement or development plan. or plat approval were filed with or approved by Collier County prior to the adoption date of the momtorium January 9, 2002, these VBRTO provisions ond subsequent omondments to LDC (momtorium provisions hove expirod), shall be subject to the zoning regulations for this Residential Tourist Zoning District in effect at the time the application was deemed to be complete or at the time the application was approved and or not subject to the Vanderbilt Beach Residential Tourist Zoning Overlay regulations. All such applications submitted thereafter are subiect to the VBRTO provisions in effect at the time the application was deemed to be complete For purposes of this provision. the term "completed application" shall mean any application wAA;R that has been deemed sufficient By- plonning sorvices staff and has been assigned an application request number by the county manaqer, or his desiqnee. 6 C\Temporary Internet Filcs\Contcllt.Otlllo()k\M~.\()PT\ F'~ OJ ()7 I VHRTO jl)921 (9) P\V DOC Text underlined IS new text to be added +eJ<t .tnket~i&GUffeRHeJ<t to be oeleteo Bold text indicates a defined term LDC Section 2.03.07 (L)(7)(a) - . II FIGURE - 1 7 C:\Temporary Internet FiJes\Content.Outlook\M2XOPTYF\2 03 071 VBRTO lO921(9) PWDOC Text underlined is new text to be added. Te4striketArel.l€lR IS Gl.lrrent text to Be Elelets1::L Bold text indicates a defined term LDC Section 2.03.07 (L)(7)(a) . I a. I FIGURE - 2 8 C\Temporary Internet Files\Contcnt.Outlook\1\12XOPTYI.\2 OJ (17 I VI3R'J U (0921 ()9) PW UOC Text underlined is new text to be added Te~---stHk&t~is SblrrOAt-text-.w-13e deleted-. Bold text indicates a defined term LOC Section 2.03.07 (L)(7)(a) FIGURE 3 9 C:\Tcmporary Internet FiIes\Content.Outlook\M2XOPTYF\2 03 U7 L VHRTO (092] 09) PWDOC Text underlined is new text to be added T-&*t- stril~etRra1;:l9A is GblrrsRt tel~ ta S8 deletes- Bold text indicates a defined term LOC Section 2.03.07 (L)(7)(a) FIGURE - 4 10 C:\Temporary Internet Files\Contelll UUtllhl\(',,\12\()I'TYI',2 01 (OJ VBRIO i042!(9) P\V' DOC Text underlined is new text to be added HOO-gtriketAr9I.l~1'1 iSCl:lrrsAt text tEl tle deletes Bold text indicates a defined term LDC Amendment Request ORIGIN: e:ommunity Oevclopment & Environmental Scrviees ~ivision AUTHOR: Stephen Lenbergcr, Senior Environmental Specialist DEPARTMENT: Engineering and Environmental Services Department AMENDMENT CYCLE: 2009 Cycle LDC PAGE: LOCl:35 LOC3:28.1 LOC3:28.2 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 thc EAR-based (iMP amendment to Conservation and e:oastal Management Element (CCML) Policy 6.1.1 (1). e:larify how the "nativc vcgctation definition" is applicd to partially cleared sites with native trees, and where the understory which has becn converted to lawn or pasture. e:lariiy single-family preserve sctbaek rcquiremcnts. 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 changc in "native vegetation definition" is required as part of the EAR- based GMP amendmcnt to CCMF Policy 6.1.1 (1). Policy 6. 1.1 (1) states the following (underlined/strike through version providcd): "For the purpose of this policy. "native vcgetation" is defined as a vegetative community having &25% or less morc canopy eovcrage or highest existing vegetative strata of melaleuea or otller invasive C)(()tic nativc plant species. The vegetation rctcntion requirements specified in this policy are calculated based on the amount of "native vegetation" that conforms to this definition." 1 C:\Temporary Internet Files\ContentOutlook\M2XOPTYF\3 05 07 A-B Native Veg Definition Single-Family Preserve Setback Clarification (081209) SLdoc Text underlined is new text to be added Toxt atrilH3tRrstlijR is GblrreAt telllt-te be deleted. Bold text indicates a defined term e:urrently the LDe 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. thercby requiring staff to apply thc definition on a project by project basis based on canopy eoveragc or vcgetation count. Identifying these areas as native vegetation rcquires all missing strata be rcplantcd. if the arcas are uscd to satisfy the native vegetation retcntion requircmcnt of thc GMP and LDC. Some stakeholders argue that this penalizcs property owncrs who havc leJi trccs in place for shade or other reasons. Clarifying how this type vegetation will be retained will help both stall' and applicants during the pcrmitting process. In order to address these concerns, stakeholders have proposed requiring native trces to bc retained in instances where the understory has been cleared and converted to lawn or pasture. The benefit of retaining these native trecs would be retained without applying the more strict requirements for prcserves. To address the concerns of the stakeholders, staff has ineluded two categories in the amendment for identifying native vegetation; nativc vegetative communitics and native trces. Identifying nativc vcgetation into these two typc categories is also how I,ec County addrcsses this requiremcnt. In recognition that nativc vegctative 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 havc becn identified as counting towards the minimum native vegetation retention rcquirement for the County. providcd that these areas are kcpt to a minimum necessary in accordance with standard forestry practice. This has been added in the amendment to address the concerns of stakcholders for managing fire within preserves located adjaecnt to homes and other strueturcs. Thc LDC eurrcntly required 80 percent vegetative covcragc I()r crcatcd prcserves and supplcmcntal plantings within preserves, within a :2 year period f()lIowing initial planting and to bc maintained in perpetuity. e:hange 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 rcquirements and Irom having on site prcserves, but not Irom preserve setback requirements. Exceptions have been added to the native vcgetation retcntion standards, lor clcaring associated with public roadways. existing access and utility easements. previously cleared areas for support of public infrastructure, and vegetation used f()r landscaping. This is in keeping with the intent of CCML Policy 6.1.1 (I]). Policy 6.1.1 (II) statcs the following: Right of Way acquisitions by any governmental cntity lor all purposes nccessarv for roadway construction, including ancillarv drainagc facilities. and including utilities within the right of way acquisition area, shall bc cxempt Irom mitigation requircments. FISCAL & OPERATIONAL IMPACTS: 2 C:\Temporary Internet Files\ContentOutlook\M2XOPTYF\3 05 07 A-B Native Veg Definition Single-Family Preserve Setback Clarification (081209) SLdoc Text underlined is new text to be added T~-striketArebl~A fs--GI:.l-f-f6Attext--te-ee.4elete€l Bold text indicates a defined term How the native vegetation definition is applied will have a direct affect on the amount and of native vegetation required to be rctained on site and in turn affect on the amount of land which can be developed. On thc other hand, retained native vegetation within developments has esthetic value and oftcn enhanecs property values. Creating a separate category for retention of native trees will enable the County and property owner to retain existing native trccs where only native trees occur on a property. This will relieve the propcrty owner of the burden of having to restore the property to its original condition and from thc more stringcnt requircments for preserves (nativc vegetative eommunitics). RELATED CODES OR REGULATIONS: None affccted. GROWTH MANAGEMENT PLAN IMPACT: Changes made to address EAR-based GMP amendments to CCMI; Policies 6.1.1 (I) and 6.1.1(11). OTHER NOTES/VERSION DATE: Created August 12. 2009. Amend the LDC as follows: 1.08.02 Definitions * * * * * * * * * * * * Vegetation, native: Native vegetation means native southern Floridian species as determined by accepted valid scientific references such as those listed idontified in section 4.06.05G. 'Nhere this Codo rofors 49,. or requiros retention of, existing n3tivo vegetation, the term nativo vogetatlon is furthor dofined as a vogotative community having 75% or loss canopy coverago 4 molaleuc3 or othor. invasive oxotic plant species. * * * * * . * * * * * 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 3 C:\Temporary Internet FHes\Content.Outlook\M2XOPTYF\3 05 07 A-B Native Veg Definition Single-Family Preserve Setback Clarification (081209) SL.doc Text underlined is new text to be added 'HOO. st.Fikett:Jrebl€lt:J is-.e.lJrreAt telH to-be deletes Bold text indicates a defined term 1. Native veqetative communities The preservation of native vegetation shall include all naturally occurrinq strata includinq canopy, under-story and ground cover emphasizing the largest contiguous area possible. except as otherwise provided in section 3.0507 H.1.e. The term native veqetation is further defined as a veqetative communitv havlnq 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 typicallv associated with the re-qrowth of native veqetative communities, commonly known as weeds, shall not be considered native veqetation for the purpose of preservation. 2. Native trees Where a property has been leqally cleared and only 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 native trees required to be retained shall be bv tree count based on the percent requirement for native vegetation pursuant to 30507 B. On Iv trees with an 8 inch DBH or qreater, or palms with a minimum of 8 foot of clear trunk, shall be used in calculatinq this requirement. 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 qreater. of anv slash pine or hardwood tree Encroachment within these distances shall require evaluation bv an arborist to help insure survival of the trees. Trees which die shall be replaced with 10 foot hiqh native canopy trees on a one for one basis. Native trees with a DBH of two feet or more shall be replaced with three 10-foot hiqh native canopv trees. Areas of retained trees shall not be sublect to the requirements of 305.07 H. Where trees cannot be retained. the percent requirement of trees shall be made up elsewhere on-site with trees planted in clusters utilizinq 10 foot hiqh 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 hiqh native canopv trees shall be planted per tree removed of this size Trees planted to satisfy this requirement shall be planted in open space areas equivalent 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 requirements pursuant to 4.06. In lieu of usinq actual canopy coveraqe. the followinq averaqe diameter for tree canopies may be used to calculate canopv coveraqe of existinq trees; slash pine 40 feet. cvpress 25 feet, live oak 60 feet and cabbaqe 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 requirement, may be used to satisfy this requirement Trees planted to satisfy this requirement shall be set back a minimum of 30 feet from principal structures 4 C:\Temporary Internet Files\ContentOutlook\M2XOPTYF\3 05 07 A-B Native Veg Definition Single-Family Preserve Setback Clarification (081209) SL.doc Text underlined IS new text to be added Text &tF~etm~is--Gl:JrreAt t(mt 18 sa 4EHete4 Bold text indicates a defined term and impervious parkinq areas 2~. Areas that fulfill the native vegetation retention standards and criteria for native veqetative communities of this Section shall be set aside as preserve areas, subject to the requirements of section 30507 H. ~ fumily residences are exempt from the requirements Bfsection 30507 H. J1. 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 30507 F.3c and 30507 G.3.cc: 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 065 or a Uniform Wetland Mitigation Assessment Score of at least 07; 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 4~. Preservation areas shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors a. To the greatest extont possible, native vegetation, in quantities and types set forth in section 1.06.00, shall be incorporated into lundscape designs in ordor to promote the preservation of native plunt communities and to encoumge water conservation. 6. Where veqetation has been leqally cleared, the amount of native vegetation used to calculate the preservation requirement will be that amount present at the time of development order or land use petition application Where veqetation has been illeqally cleared, the amount of native veqetation used to calculate the preservation requirement will be that amount present at the time prior to the illeqal clearinq Criteria to determine the process and criteria for the clearinq are found In Sections 10.02.06 and 3.05.05 5 C:\Temporary Internet Files\ContentOutlook\M2XOPTYF\3 05 07 A~B Native Veg Definition Single-Family Preserve Setback Clarification (081209) SLdoc Text underlined is new text to be added. Text strikethreugh is surrent text--te.~ted-, Bold text indicates a defined term a. Re-creation of native veaetation shall not be reauired when any one of the followina criterion is met: I. The parcel veaetation velletation. was issued a County permit to clear and remains cleared of native II. The parcel was issued a County permit to clear veaetation for aaricultural purposes prior to Julv 1993 (the date at which the 10 year aqricultural clearina rezone limitation previously identified in the GMP is achieved) and which remains cleared of native velletation. iii. If no c1earina permit can be found. demonstrations of continuous bona fide aqricultural operation alonq with issuance of an after-the-fact aaricultural clearina permit from the County will be evidence of leqal c1earina. Demonstrations of continuous bona fide aaricultural activities may include aaricultural classification records from the property appraiser's office; and may be supported bv dated aerial photoaraphs; occupational license for aaricultural operation; SFWMD consumptive use permits for the onqoina aaricultural use or other information such as sworn testimony from previous owners which establishes the commencement date and the location of the aqricultural operation. The rezone limitation pursuant to 100206 shall applv 7. Unless otherwise reaulred 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 30507 H. 8 Development standards pursuant to section 4 0214 shall apply to all development, includinq sinale-familv, within the ACSC. 9. Created preserves are allowed subject to the criteria in 3.05.07 H. 10. Fire and fuel breaks within preserves. kept to the minimum necessary in accordance with standard forestry 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, blnless the dovelopmont 6 C:\Temporary Internet Files\ContentOutlook\M2XDPTYF\3 05 07 A-B Native Veg Definition Single-Family Preserve Setback Clarification (081209) SL.doc Text underlined is new text to be added le,a. stnk.etArebl~j:,.is GldrreAt te)(t te be ~ Bold text indicates a defined term occurs within the ACSC '....here the ACSC stand:Jrds referenced in the Future L:Jnd Use ElemontsRall~. This Soctien sh:J11 not apply to siRgle family dwelling units situated on individu:Jllots 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 25 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 and all other non- Equal to or 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 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 vegetation; 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 30507(H)(1)(e) 7 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 A~B Native Veg Definition Single-Family Preserve Setback Clarification (081209) SL.doc Text underlined is new text to be added. Te)(t stril,ethrebl~A is Gl.lrrent- text te se deleted- Bold text indicates a defined term c Riqht-of-way acquisitions by anv qovernmental entity for all purposes necessarv for roadwav 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 infrastructure. and veQetation. parcels for which remain support cleared of public of native f. Trees and other veqetation planted for landscapinq and which have not been used to satisfv the native veqetation preservation requirement. * * * * * * * * * * * * 8 C:\Temporary Internet Files\ContentOutlook\M2XOPTYF\3 05 07 A~B Native Veg Definition Single-Family Preserve Setback Clarification (081209) SLdoc Text underlined is new text to be added Text stril'-stl=trs\;I€lA is GIomeAt tSllt ts be EleleteEl. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Dcvelopment & Environmcntal Services Division AUTHOR: Stephcn Lenberger, Senior Environmental Specialist DEPARTMENT: Engincering and Lnvironmental Services Department AMENDMENT CYCLE: 2009 Cyclc LDC PAGE: LOe:3:35 - LDCU6 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 e:oastal Management Element (CCME) Policy 6.1.] (2). e:CME Policy 6.1.1 (2) states the following (underlined/strike through version providcd to identify changcs adopted with the EAR- based GMP amendmcnts): "The preservation of native vegetation shall include canopy. under-story and ground cover emphasizing the largest contiguous area possiblc. which mav include connection to offsite preserves. Thc purpose !tlr identifving thc largest contiguous area is to provide for a core area that has the grcatcst potcntial for wildlife habitat by reducing the interface between the preservc arca and development which decreases the conflicts from other land uses. e:riteria for determining the~dimerlsional standards of the prcserve are to be sct out in the Land Devclopment Code." The proposed language to discourage ..thin linear and perimetcr "picture frame-shaped" preserves" has been proposed by onc of the stakcholdcrs. During the 2008 LDe: amendment cycle, stall proposcd establishing a minimum Icngth to width ration for preserves, which the e:cpe: dctermined as not meeting the intent of the GMP. FISCAL & OPERATIONAL IMPACTS: Selcetion of preserves is a part of the planning process for development and thcir location will have an effect on the design of a project. During planning of a site. project planncrs 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 cnhance the overall appcarance of a projcct and property values within the dcvclopmcnt and surrounding community. This is particularly evident for larger scale projccts with well managed prcscrves of signijjeant size. 1 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 H 1 b Preserve Dimensional Criteria (082409) SL.doc Text underlined IS new text to be added. 1=6*t 5tr-fk.etHro~-is CUff&fH-text te Be eslete€! Bold text indicates a defined term Smaller projects and those which arc more intensely developed are affected more by site constraints. Smaller projects oftcn propose establishing preserves around the perimeter of a project to double as a landscape buffer. in order to maximize development of a site. Although thesc buffer-shaped preservcs look niec. at Icast initially, they tend to lose species composition over time mainly due to incompatible land uses on thc adjoining property. In time, less tolerant species of plants die and are replaced with more tolerant species, such as those used for landseaping, and the preserve looks and functions more like a planted landseape buffer rathcr than a nativc vegctative community. These linear buffer-shaped preserves are also not consistent with the intent of CCMF Policy 6.1.1 (2). to reduce of the interface betwcen the preserve and other land uses. In recognition that smaller projccts and those with morc intense land uses have more site constraints. off-site preserve eritcria havc been identitied and ineluded in this LDe: amendment cycle. The off-sitc preservc LDC amcndment will allow property owners to request that all or a portion of the native vegetation retention requircment be allowed offsite in lieu of prescrving nati vc vegetation cm-sitc, under certain criteria. Additional upfront costs will bc incurred upon the applicant to exereisc the on~site alternatives, but those that do will bc able to dC\clop morc of their propcrty. and no maintenance of on- site preserves would bc required. RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR-based GMP amendment to e:e:ME Policy 6.1.1 (2). OTHER NOTESNERSION DATE: Created August 24, 2009. Amend the LDC as follows: 3.05.07 Preservation Standards * * * * * * * * * * * * H. Preserve standards. 1. Design standards. a Identification. Native vegetation that is required to be preserved or mitigated pursuant to 305.07 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. it. The Preserve shall be identified at the time of the first development order submittal. If the 2 C:\Temporary Internet Fites\Content.Outlook\M2XOPTYF\3 05 07 H 1 b Preserve Dimensional Criteria (082409) SL.doc Text underlined is new text to be added. +e~ 6trilH~tAre~!;Jh is Gl;lrrent text te ae sBlates. Bold text indicates a defined term 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. III The Preserve shall be identified at the time of the first development order submittal. b Minimum dimensions The minimum width of the preserve shnll be 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 flowwavs. natural water bodies, water manaqement lakes, estuaries. qovernment 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 applv. I. twenty feet, for property less than ten acres. il. an average of thirty feet in width but not less than twenty feet in width, for property equal 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 eXlstinq 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 satisfv the preservation requirement. . . . . . . . . . . . . 3 C:\Temporary Internet Files\Content Outlook\M2XOPTYF\3 05 07 H 1 b Preserve Dimensional Criteria (082409) SL.doc Text underlined is new text to be added. T-$(t-5tfi*et~-ffi---Gttffe-flt-4e*te be ae1eteEi.- Bold text indicates a defined term This page intentionally left blank. 4 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 H 1 b Preserve Dimensional Criteria (082409) SL.doc Text underlined is new text to be added. Text striket!o'lr911gR+&GUrreFlt temt to se deletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services Division AUTHOR: Stephen Lenberger. Senior Environmental Specialist DEPARTMENT: Engineering and Environmental Services Department AMENDMENT CYCLE: 2008 Cycle 1 LDC PAGE: LDC3:36 LDC SECTlON(S): 3.05.07 Preservation Standards CHANGE: Changes made to improvc the language in the LDC with regards to the requirement for conservation easements. REASON: To evaluate the pros and cons of the different types of conservation mechanisms available in order to fulfill the requirements the EAR-based GMP amendmcnts. Policy 6.1.1 (3) states the following (underlined/strikc through vcrsion provided to idcntify changes adopted with the EAR-based GMP amendments): "Areas that fulfill the native vegetation retention standards and critcria of this policy shall be set aside as preserve areas. AJ.l-eOn-sitc ef anQon~site preserve areas shall be ideRtified as separate tracts and protected by a permanent conservation easement mechanism to prohibit further development, consistent with the requirements of this policy. The tvpe of permanent conservation mechanism, including conservation easements, required for a specific development may vary based on preserve arca size. type of development approval. and other factors, as set forth in the Countv's land development regulations" To satisfy the requirements of Policy 6.1.1 (3) in an attempt to reduce the time and expense needed to prepare and process conservation easements. staff proposed eliminating the requirement for conservation easements for smaller preserves. During the 2008 public hearings at the Planning Commission (e:e:PC). the Ce:PC directed staff to work with the County Attorney Office to explore other types of legal instruments in lieu of conservation easements. The Planning e:ommission expressed their desire to have all prcserve areas recorded by some typc of legal instrument, so they could bc accessed through thc public rceords. With the help of thc County Attorney Office a comparison was madc betwecn casements and restrictive covenants (see fiscal impacts below). Pcr thc direction or the CCPC and fi'om the analysis provided by the County Attorney Office, staff recommends that conservation eascments continue to be required for preserves, except lor thosc in State and Federal parks and preservcs with management plans to manage land for conservation purposes in pcrpetuity. Management plans for State and Federal parks and preserves should demonstrate a long rangc plan for conservation. 1 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 H 1 d Conservation Mechanisms (090409) SL.doc Text underlined is new text to be added. Toxt stril(stArslolQA is Gl,JFr-Bnt te)~ tEl be deletea. Bold text indicates a defined term Recently a stakeholder asked if Memorandums of Agreement or Understanding should bc utilized. Although an Agreement or Declaration of Restrictions could be utilized. less protection would be afforded. With an cascmcnt right. the County should be able to go on to thc property per the terms of an easement. With a conlractual right, you could provide in the agrecment that the County can go on thc propcrty. but i r thc property owners denics you access. it would require court action to enforce. Also, since conservation areas have to be free and clear of other easemcnts per the LDe:, you still have to go through a similar process to make surc that there are no liens. etc. There may be a greater chance with an Agreemcnt that the owner could place a subsequent inconsistent easement over the conservation area. FISCAL & OPERATIONAL IMPACTS: - Partial RlGHTS: --Interest in r --County' ma)' and do v.'or ENFORCEMENT: County may' relk/' ~._- CODE Enforcclllcnt ENFORCEMENT: lerm~) ~~--~~ DOCUMENTS --Easement NEEDED: --TitkOpini( --SubordinatJ COST: To the applic Restrictive C subordinatior arc need cd The cost of st statl' _uu.._ COll!I'.arison of Preserye Mechanisms EASEMENT RESTRlCTlVE COVENANTS eal properly --Contract right go on properly ~J!,~l_e~_~~".2..~______~,_,_.. ._,.._ go on prorel1y and do work: OR mjunclivc .-Terms could provide that C~unty may' go on pro ertv Injunctive relief through a court action of code rnH'hion (Ilotlo enforce easement Enforcement of code rrovision (not to enforl'e lerms of _ r~~!lc..!i~~9..:'5::!.~~~.~!~L____ --Restrictive Covcnant --Titlc Opinion m on and RckdS':S - ------- ----...- ~------ anI. the hasic cosl is sinlllar to that of oVl'nants_ rill' cosh v. ill incrcusl' as 15 and n.:ka~es oll1clls amj,.'or encumhram:es atT proc.:s~ing i~ roughly the same for CDES RELATED CODES OR REGULATIONS: Sub-section 10.02.04 B Final Plat Requirements GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR-based GMP amendment to Ce:ME Policy 6.1.1 (3). OTHER NOTESNERSION DATE: Created Septembcr 4,2009. Amend the LDC as follows: 30507 Preservation Standards . . . . . . . . . . . . H. Preserve standards 2 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 H 1 d Conservation Mechanisms (090409) SLdoc Text underlined is new text to be added. Tf3*t striketAr0UflA is GlJrreAt text ts l3e aelated Bold text indicates a defined term 1. Design standards . . . . . . . . . . . . d Protoctivo covenants. Prosorve areas shall be identified as soparato tracts or easements, '....ith accoss to them from a platted right of way. No individual residential er commercial lot, parcel linos, or other easements such as utility er access easements, may project into a Prosorve. All required easements or tracts for prOE:orvos shall bo dodicated to the County without placing on tho County tho responsibility for maintonanco or to a property o'Nnors' association or similar entity '.vith maintenanco rosponsibilities. Tho protoctive covenants for the tract or easement shall establish th permitted usos-fef--said easement(s) and/or tracts on tho final subdivision plat. A nonexclusive easement or tract in favor of the County, without -aflY' maintonanco ebligation, shall be providod for all prosorvosBfl- the proliminary and final subdivision plats and all fiRal.development ordor sito plans. Tho boundaries of all prosorve easements shall be dimensionod on the final subdivision plat. d. Preserve mechanisms. All preserve areas shall be desiqnated as preserves on all site plans. On-site Countv required preserves shall be dedicated to the County as non-exclusive conservation easements without placinq on the County the responsibility for maintenance of the preserve area, and the easement conveyance to the County shall include the riqht of access from existinq road riqht-of-way The easement shall dedicate the responsibility of maintenance to a property owners association or similar entity, and it shall contain allowable uses and limitations to protect the preserve. All preserve areas shall be shown on the preliminary and final plats in accordance with section 100201, with lanquaqe similar to Section 70406 FS No individual residential or commercial lot. parcel lines. or other easements Includlnq but not limited to utility or access easements that are not compatible with allowable uses in preserve areas, may proiect into a preserve area. State and federal parks and preserves shall not be required to place their preserves in a conservation easement. Any conservation easement or other document restrictinq uses in a preserve area shall contain the followinq statement. "Oil extraction and related processinq operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein." . . . . . . . . . * * * . 3 C:\Temporary Internet Files\ContentOutlook\M2XOPTYF\3 05 07 H 1 d Conservation Mechanisms (090409) SL_doc Text underlined is new text to be added. +ext--striltethrElbl€Jh is E:Iom8At te)H ta be deleted Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in GMP Future Land Use Element Deferred from 2008 LDC Cycle 1 AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2009 Cycle I LDC PAGE: LDC3:48-52 LDC SECTION(S): Section 3.06.06 Regulated Well Fields CHANGE: Replace thc existing Illustration 3.06.06 E. with the proposed update of the Florida Governmental Utility Authority Golden Gate City Well Field Illustration. REASON: Remodeled thc Wclllicld Risk Managcment Special lrcatment Overlay Zones around the Florida Govcrnmcntal Utility Authority Golden Gate City Well Field. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: e:ollier County Board Directed through The Growth Management Plan's Public Facilities Element - Natural Groundwater Aquifer Recharge Sub-Element Objective 1.1 and the Conscrvation and e:oaslal Management Elemcnt Objective 3.3. OTHER NOTESNERSION DATE: August 14. 2009. Amend the LDC as follows: 1 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 06 06 E Regulated Wellfields (081409) RS.doc Text underlined is new text to be added. Te),t striltetl:lrablgjA is G\;JrreRt text tEl se ElsleteEl. Bold text indicates a defined term FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN GATE CITY WELL FIELD ~ , 00 L' " D " < > ~ " g < " < ~ .~ '--. STIW-1 , ST'W.2 --- - STW.3 -- STiW.4 n ,_.'J J,) Illustration 306.06 E. For more detailed information, refer to the Collier County Zoninq Map at www collieroov.net/lndex.asox?oaae=992 2 C:\Temporary Internet Files\ContentOutlook\M2XOPTYF\3 06 06 E Regulated Wellfields (081409) RSdoc Text underlined is new text to be added +81~ &triketRreld~R is ElldrrBRt text ta se deletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: Community Development & Environmental Services Division AUTHOR: Stephen Lenberger, Senior Environmental Specialist DEPARTMENT: Engineering and l:nvironmental Services Dcpartment AMENDMENT CYCLE: 2009 Cycle LDC PAGE: LDe:3:36 LDC3:38 LDC SECTION(S): 3.05.07 Preservation Standards CHANGE: Amend criteria for the creation and rcstoration of native vcgetation. Include criteria for oft~site nativc vcgetation retention alternatives. REASON: The amendmcnt for creation and restoration of nativc vegetation is required by the EAR-based GMP amendment to Ce:ME Policy 6.1.1 (12). Policy 6.1.1 (12) states the following: "Although the primary intent of this Policy is to retain and protect eXlstmg native vegetation. there are situations where thc appligation of the retention requirements of this Policy is not possible. In these cases. creation or rcstoration of vcgetation to satisfy all or a portion of the nativc vegetatiQ!l retcntioru.cSLuircments may be allowed. Within one year of the etTeetivc date of1h.~~,JilDcndments,.Lbc County ~hall adopt land development regulations to determinc Ib_t;-,ixeunl'l,lDs-,~J:or when creation or rcstoration is allowcd and to speeifv criteria for crt;-,!.tion an.ci!,~tQm!i()n~" The amendment for ot1~site nativc vegetation retention alternatives is required by the EAR-based GMP amendment to e:CME Policy 6.1.1 (10). Policy 6.1.1 (10) states the following: "Within one year of the effectivc date of these amendments. the e:ounty shall adopt land development regulations that allow for a proecss whereby a property owner may submit a petition requesting that all or a mrtion of the native vegetation preservation retention requirement to be satisli.ed_Qx a monetary.. payment, land donation that contains nativc vegetative communities cqual !Q or of a higher priority as deseribcd in Policy 6.1.1 (4) than the land being impacted, oLQlhcr appropriate method of compensation to an acceptable land acquisition program, as rcquired by the land developmcnt regulations. 1 C:\Temporary Internet Files\ContentOutlook\M2XOPTYF\3 05 07 H 1 e - Created Preserves Supplemental Plantings Off- site Preserve Criteria (091809) SLdoc Text underlined is new text to be added. Text-strikett:lrelolgh.is GblrreAt tellt te be eslates Bold text indicates a defined term The monetary payment shall be uscd to purchase and manage native vegetative communities off-site. The land devclopment 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 orthe native vegetation on site: b. The prescnce of conservation lands adjoining thc 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 rcmain on site is too small to ensure that the preserve can remain functional: and f. Right of Way acquisitions for all purposes nceessary for roadway construction, including ancillary drainagc facilitics. and including utilities within the right of way acquisition area. The land development regulations shalliJ1f.[ude_'imethodology to cstablish the monetary value, land donati9t}~9L Q\h-"LapjlmJ1riaJel]l,th(!~ of compcnsation to ensure that native vegetative eommlll!iJil;~nc)ljlI.<:s,rvcd cm,sil<:__\VilL bc preserved and appropriately managed off-site." FISCAL & OPERATIONAL IMPACTS: Limiting the amount of native vegetation that can be created on a site may affcct site planning and consequently may have a financial affect on applicants (both govcrnment 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 ofT-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 e:ounty 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 +/- $3,50000 per acre if you are allowed to burn the debris on site 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 2 C:\Temporary Internet Files\ContentOutlook\M2XOPTYF\3 05 07 H 1 e - Created Preserves Supplemental Plantings Off- site Preserve Criteria (091809) SLdoc Text underlined is new text to be added. Toxt stril~ett-1re1;:lQt-1 is GblrreAt telA ts Be deleteGl. Bold text Indicates a defined term 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, buttonbush and fetterbush In uplands you can see installation of gallberry, fetterbush, wax myrtle, myrslne 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 caeh f'1r groundeovers. 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 requircmcnts for each strata. In consideration of the abovc and from input reecived from environmental consultants in the area, staff is proposing the following changes. e:hanges proposed havc been made to improve the overall success of prescrvcs which are created. Per direction rceeived from the Planning Commission during the 2008 LDC amcndmcnt cycle. no changes have been made to the criteria for when ereatcd preserves are allowed other than for a single correction and the addition of criteria trom input received from stakeholders. In general plant material within prcserves are more successful whcn installed in smaller sizes, providcd the plants are largc enough initially to bccome established and be able to compete with vegetation prcscnt within the preservc. Slash pines, in particular have a higher success rate when planted in smaller sizes. Availability of largcr plant material is another factor, espccially f()r 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 ceME Policy 6.1.1 (7) and with prior direction by the Be:e:, to use largcr plant materials to more quickly re-crcate the lost vcgctation after a site has been cleared. The proposcd 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 requircd size of canopy trecs Irom f'lUrtecn fect to ten. cight and six feet 3 C:\Temporary Internet Files\ContentOutlook\M2XOPTYF\3 05 07 H 1 e ~ Created Preserves Supplemental Plantings Off- site Preserve Criteria (091809) SLdoc Text underlined IS new text to be added HOOstriketArel;lgAis-cfolrrsRt text ta se aaletes Bold text indicates a defined term should also eliminate the necd for staking of plantcd trees within preserves. Smaller size trees will be less expensive ovcrall for thc 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 requircments for ground covers have been increased for species which are small in staturc or which do not sprcad 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 sinec 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 bc planted in this amendment. Current Code requires all three strata (trees, shrubs & ground covers) to be planted. The amendment also proposcs to rcquire the use of naturally occurring soils within preserves. Restoration projects often fail or rcspond poorly on lill dirt which has been excavated due to the composition of sUbSUrf~ICC till material. Thc composition of thc sand, PH and prescncc of organic matcrial all make naturally occurring soils bettcr suitcd for establishment of a native plant community. If not already prcsent within the preserve, additional cost will be incurred upon the devcloper to stockpile or purchasc compatiblc 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 till dirt, within preservcs which havc failed. A method of providing water within created preserves until the plants are established has been included in the amendment. Methods of watering arc left up to the applicant and would only be required in uplands or wctlands with extended dry periods and only until the plantings are cstablished. Additional cost will be incurred on the part of the applicant to insure planted matcrial is adequately watercd. The cost of rcplacing plants that do not survive due to lack of water could also potcntiallv occur. Changes have also been recommended with rcgards to size plant material for supplemental planting within prescn es. Since smaller sizc plant material is generally more successful for rcstoration projcets. staff recommends that the size plantings permitted by the South l'lorida Watcr Management District (SFWMD) and U.S. Army Corps of Engineers (ACOE) bc accepted to fulfill the supplcmcntal planting requirements within e:ounty required preservcs. Current Code required plants larger than that allowed by state and fedcral permitting agcncies. Where e:ounty required preserves do not fall within the jurisdiction ofthc SFWMD or USACOE, or where uplands are not required by these agencies to be plantcd. criteria have bccn Icft in the e:ode to address thesc circumstances. Plant sizcs proposcd arc comparable to those gcnerally permitted by the State and Federal permitting ageneics. Accepting State and Fcderal supplemental planting requirements for County requircd prcservcs will save time on the part of statT in reviewing projects. since thc planting critcria will be the same. There will also be savings on the part of the applicant in not having to install larger plant material. 4 C:\Temporary Internet Files\ContentOutlook\M2XOPTYF\3 05 07 H 1 e - Created Preserves Supplemental Plantings Off- site Preserve Criteria (091809) SLdoc Text underlined is new text to be added +ext---stfiket.hrEl\;J€)R is GI;melRt t6)(t ta ee-GeleteQ.. Bold text indicates a defined term Success criteria have bcen added to help insurc that the preserves which are crcated or restored are successful. Success must be demonstrated at five years from planting and the criteria for determining succcss must be includcd in the monitoring report due at that time. Off-site alternatives to the nativc vegctation retention rcquirement have been added to allow for the purchase or donation of land on~sitc in lieu of prcservation of native vegetation on-site. Thc criteria 1l1r determining when this alternativc is allowed, is based on the provisions identified in CCME Policy 6.1.1 (10). Generally speaking, preserves whieh are smaller in size or those located adjacent to more intcnse land uses, tend to beeome less viable over time duc to tfagmentation of the habitat, uses on adjoining properties, and sensitivity of diffcrent types of native vegetation to changes in the environment. Although some species of vegctation 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 propertics. It is in these instances whcrc the ot1~site purchase or donation of land is recommcndcd in lieu of preservation of native vegetation on-site. In accordance with CCME Policy 6.1.1 (10). thc type uses lor the property and restrictions on when the alternativc can be used. have becn eonsidcred. During stakeholders meetings fllr environmentall.DC amcndmcnts. stakeholders asked if an amendment to a PUD or CU would be required in order to implement thc off-site native vegetation rctcntion alternative fl)r property with an cxisting PUD or e:u. In a response from the e:ounty Attorney OfJiee it was indicated that language could be added to the proposed LDC amendment to allow IlH the oft~site nativc vegetation retention alternative without the nced IlH amending a PIJD or CU, but that staff should consult with the Zoning and Land Dcvclopment Rcvicw Dcpartment Director to see what effect it may have on zoning. Upon mccting with thc Director of Zoning and Land Development Review Department. it was dceided that thc of1~sitc native vegetation rctention alternativc could be used to satisfy up to 25 percent ofthc native vegetation retention requiremcnt for a PUD, without the nced for a PUD amendment, but only for that portion of the native vegetation retention rcquirement not included on the PUD master plan. Section 3.05.07 H.l.a.ii of the LDC currently rcquires a minimum of 75 percent of the native vegetation retention requiremcnt to be shown on a PUD master plan. It was decided that wherc retained native vegetation is identified on a PUD or CU site plan. amendments to these site plans would be required, sincc c1imination of the on-site native vegetation rctention requirement may have an effect on decisions made during review ofthese petitions. According to thc Collier County Community l)cvclopmcnt and Environmental Services Fee Schedule approved by the 13CC on April 28. 2009. the following fees havc bcen adopted for PUD and CI r amendments Sinec native vcgetation retention requirements are sometimes also includcd in thc tcxt o!" the PI! J) document as well as on the PUD sitc plan, fees for amending thcse dcvelopment orders will vary depcnding on the cxtcnt of 5 C:\Temporary Internet Files\ContentOutlook\M2XQPTYF\3 05 07 H 1 e - Created Preserves Supplemental Plantings Off- site Preserve Criteria (091809) SL.doc Text underlined is new text to be added. +e~ EtrikethrablI'JA IS Sl4rreFlt text te Be..QeieteG,. Bold text indicates a defined term changes needed. The amount (acreagc and percent) of preserve affected will also determine the type of amendment rcquired. Conditional Use Permit $4.000.00. when filed with a Rezone Petition ($1,500.00) Additional fee for Sth and subsequent rcvicws 20 percent of original fee Planned Unit Dcvelopment Amendmcnt Insubstantial (POI) $1,SOO.00 requires a hearing by the e:CI'C only fel[ a minor ehangc to the PUD Master Plan Planned Unit Development Amcndments (PUDA) $6,000.00 plus $2S.00 an acre or fraction of an acre. (Substantial ehangcs to the text and Master Plan), Additional fee for Sth and subsequent revicws. 20 pcrecnt of original fec. Text changes that do not impact the Master Plan $6.000.00 (the $2S.00 an acrc fec will not apply). Amendments deemed to be minor in nature that is requiring minor strike thru and underline amendments of no more than 10 diffcrent lincs of tcxt changes in the PliD will be capped at $9.000.00. Any amendment which includes a map and text change will be asscssed the full fee (no cap). RELATED CODES OR REGULATIONS: None. GROWTH MANAGEMENT PLAN IMPACT: The adoption of Land Development e:ode regulations to specify the criteria and to determine the circumstances when creation or restoration native vegetation is allowed is requircd as part of the EAR-based GMP amendment to e:e:ME Policy 6.1.1 (12). "Oft~site native vcgetation rctention altcrnativcs" are required as part of the EAR-based GMP amendment to CCMI; Policy 61.1 (10). OTHER NOTES/VERSION DATE: Crcatcd August 24. 2009. Amended September 18,2009 Amend the LDC as follows: 3.05.07 Preservation Standards * * * * * * * * * * * * H. Preserve standards 1. Design standards * * * * * * * * * * * * e. Created preserves. Althouqh the primary intent of GMP CCME Policv 6.1.1 is to retain and protect existinq native veqetation, there are situations where the application of the retention requirements of this Policv is not possible In these cases. creation or restoration of veqetation to satisfy all or a portion of the native veqetation retention 6 C:\Temporary Internet Files\ContentOutlook\M2XOPTYF\3 05 07 H 1 e - Created Preserves Supplemental Plantings Off- site Preserve Criteria (091809) SLdoc Text underlined is new text to be added. Tellt strikett:1H:JbI€lR is (;l::lrrsAt text te be aelates. Bold text indicates a defined term requirements may be allowed. In keepinq with the intent of this policv, 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 activitv allo'....ing created 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) '-'''hero native preservation reqlJirements cannot be accommodated, the landscal'le J*m'.sHall--, re create a native plant community in all three strata (ground covers, shrubs and trees), utilizing larger plant materials so as to more qlJickly re create the lost mature vogetation, These areas shall be identified as created proserves. To provide for floodplain compensation as required bv 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 7 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 H 1 e - Created Preserves Supplemental Plantings Off- site Preserve Criteria (091809) SL.doc Text underlined IS new text to be added. ~6tHketl:1relJ€l1:1 is e~rr8F1t te)~ te b8 deletes. Bold text indicates a defined term 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 bv the LDC. lack native veqetative communities. II. Roquired Planting Criteria (a) Where created presorvos are aj3j3roved, tho landscapo plan shall re create a nali'to plant community in all three strata (ground cover, shrubs and, trees), utilizing larger j3lant materials so as to more quickly re create tHe- lost matlJre vogotation. Such re vegetation shall apply the stamlards of section 1.0605 C. of thi& Code, and includo tfle. following minimum sizes: one gallon ground covor; &ovon (7) gallon &hrub&; fourtoon (11) foot high trees with a &ovon foot crown &pread and a dbh (diametor at brea&t hoight) of three incho&. The sj3acing ef,tfle. plants Sh311 bo 3e follows: t'....enty to lRifty. foot on contor for tree& with a small canopy (lose #lafl. 30 ft m3turo eproad) and fefty-feet- on center for trooe with a large canoj3Y (greater than 30 ft mature &pread), five foot on center for &hrub& and three foot on conter for ground cover&. Plant matorial &hall be j3lanted in a m3nnor that mimics a natural j3lant community 3nd shall not be maintained a& landscaping, Minimum &izos fef j3lant materi31 may bo reduced for scrub and other xeric habitats whom smaller sizo plant matorial am bolter suited for m ostabli&hmont of tho nati./e plant 8 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 H 1 e - Created Preserves Supplemental Plantings Off- site Preserve Criteria (091809) SL.doc Text underlined is new text to be added. TeJ<!_H,~_...-Ie><t 10 bo_ Bold text indicates a defined term community. liJb1 Approved created preserves may be used to recreate: i!lttt not more than one acre of the required preserves if the property has less than twenty acres of existing native vegetation. Qlf2} 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. g{J1 not more than 10% of the required preserves if the property has equal to or greater than eighty acres of existing native vegetation ilifGt The minimum dimensions shall apply as set forth in 30507H 1.b !YtG1 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. Allowable supplemental plantings Supplemontal native plantings in all three strata may be udded to preserve area!: whem the removal of non native and/or nuisanGe vogetation Greates open moas with little or no native vegetation covorage. Plant material in theso restoration ureus shull meet the following minimum size criteria: one gallon ground Govers, throe gallon shrubs und six foot high tree!:. Plant materrul shall be plunted in a munner thut mimics a nutural plant community und shall not be maintained -a&- lund!:caping. Minimum !:izes for plant muteriul may be mduced for scrub und other xeric habitat!: whero smullor size plants muteriul ure better suited for ro establishmont of tho nativo plant community. v Preparation of required plantinq plans for RE-eserves. Preserve plantinq plans shall be desiqned bY an indiVidual with academic credentials and experience in the area of environmental sciences or natural resource manaqement. Academic credentials and experience shall be a bachelor's or 9 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 H 1 e - Created Preserves Supplemental Plantings Off- site Preserve Criteria (091809) SLdoc Text underlined is new text to be added. T-ext striketi':lrsl;lQR is GblrreRt text tEl S8 deleteEl Bold text indicates a defined term hiqher deqree in one of the bioloqical sciences with at least two years 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 approyed. the plantinq plan shall re-create a native plant community 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 10 C:\Temporary Internet Files\ContentOutlook\M2XOPTYF\3 05 07 H 1 e - Created Preserves Supplemental Plantings Off- site Preserve Criteria (091809) SLdoc Text underlined is new text to be added. T-.&Klstfikethrablf:jA is Gblrrent te)(tt9 be aslated Bold text indicates a defined term reduced to promote the qrowth of native qround covers. reduce the threat of wildfire and to promote use of the preserve by listed species Three qallon container saw palmetto (Serenoa repens) mav be used in lieu of seven qallon containers South Florida slash pine (Pinus ellioltii 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 may 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 seasonally wet preserves with extended dry periods shall detail a method of providinq water until the plants are established VII. Supplemental preserves plantinq requirements within Supplemental plantinqs in the strata required to restore the habitat to its natural condition shall be added to preserves where prior clearinq or disturbance, or the removal of non-native and/or nuisance veqetation has created open areas with little or no native veqetation. Plant material shall be planted in a manner that mimics a natural plant communitv and shall not be maintained as landscaplnq Supplemental plantinqs must be of the species tvpical of the native habitats beinq restored and take into consideration the requirements of any listed species usinq the ~serve 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 11 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 H 1 e - Created Preserves Supplemental Plantings Off- site Preserve Criteria (091809) SLdoc Text underlined is new text to be added. le4-&tfikett:lrel:l@lt:l is lO:urrent to)(t t9 ee deletes. Bold text indicates a defined term permits for a proiect. supplemental plantinqs within County 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 may be planted as bare root plants. Natural recruitment of native qroundcovers may be used in areas where native qroundcovers would be expected to reqenerate on their own. If within a two-year period the coveraqe of qround covers is less than that typically found in environments contalnlnq these species then supplemental plantlnq 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 plantlnq 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 three qallon container otherwise permitted by permittinq aqencies. shall be with manqroves, State and one to unless Federal 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 Lndlqenous qround covers. 12 C:\Temporary Internet Files\ContentOutlook\M2XDPTYF\3 05 07 H 1 e - Created Preserves Supplemental Plantings Off- site Preserve Criteria (091809) SL.doc Text underlined is new text to be added. l-m:t-stfike~ts--GUrreRt tSl(t.tG be deletes. Bold text indicates a defined term 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) EiQhtv percent veQetative coveraQe has been attained within the preserve. 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 tv pes ~_ 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 clearlv trendinQ toward the "with-mitiQation" scores used to determine success. f Off-site veQetation retention. Applicabilitv. A property owner may request that all or a portion of the Collier County on-site native vegetation preservation retention requirement be satisfied offsite for only 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. 13 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 H 1 e - Created Preserves Supplemental Plantings Off- site Preserve Criteria (091809) SL.doc Text underlined is new text to be added +e-x! strikethrebl~A is Gtment text t8 I3s €IsleteE!. Bold text indicates a defined term d) Preserves less than one acre in size. e) Affordable housinq proiects with a BCC approved Affordable Housinq Density Bonus Aqreement. The maximum percent of native vegetation retention allowed offsite shall be no more than the percent of affordable housinq units allowed under the Affordable Housinq Density 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 previously 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. q) Created preserves which do not meet the success criteria in 305.07 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 requirements of this section I) Portions of preserves located within platted sinqle-family lots il Where future planned public infrastructure, approved by the BCC. require preserves to be located elsewhere. k) All criteria listed for created preserves. ii. Restrictions, when one or more of the followinq situations occur. a) Xeric scrub and hardwood hammocks which are one acre or more in size, manqrove (exciudinq manqrove frinqes less than 40 feet in width on artificially created shorelines), coastal dune and strand environments. and listed species habitat or cOrridors per the requirements or recommendations of the FFWCC or 14 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 H 1 e - Created Preserves Supplemental Plantings Off- site Preserve Criteria (091809) SL.doc Text underlined is new text to be added. T-ext-stfikett:lreu€lt:l is GlJrrent text te-ae~ Bold text indicates a defined term USFWS, shall not be allowed to have the on-site native veqetation preservation retention requirement provided offsite. b) Preserves shall remain onsite if located adiacent to or within natural flowways, natural water bodies. estuaries, qovernment required preserves (not meetinq the offsite preservation criteria herein), NRPA's, or adlacent to property desiqnated for purchase by Conservation Collier or purchased by Conservation Collier. or adlacent to or within properties containinq listed species nests, buffers, corridors and foraqlnq habitat per the requirements or recommendations of the FFWCC or USFWS. For the purpose of this section, natural flowways shall also include those identified dunnq wetland permittinq with applicable state and federal aqencies. reqlonal dralnaqe studies or surface water manaqement permits. c) Remaininq 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 q) above, unless preserved with hiqher quality habitat not qualifyinq for the off-site native veqetation retention alternative. iii. Off-site Alternatives. Off-site native vegetation 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 manaqement 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 Deslqnation or 125 percent of the averaqe cost for all other Desiqnations, as applicable as defined by the FLUE, purchased by Conservation Collier. This monetary payment shall be made prior to the preconstruction meetinq for the SDP or final plat construction plans. 15 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 H 1 e - Created Preserves Supplemental Plantings Off- site Preserve Criteria (091809) SL_doc Text underlined is new text to be added. +eM--stfikettm,}l;I€Jh iE G\;lrrent text teaa aalates. Bold text indicates a defined term b) In lieu of monetary payment. applicants may choose to donate land to Conservation Collier or to another qovernment aqency. 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 project 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 veQetation 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 acreaqe 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 2I-eservation 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 Desiqnations, as applicable, as defined by the FLUE, purchased by Conservation Collier. Applicant shall provide evidence that donations of land for preservation and endowments for manaqement have been accepted by and donated to the entity stated above, at the time of the preconstructlon meetinq for the SDP or final plat construction plans. Exotics shall be removed in accordance with the time frames provided in 3.0507 H.2. State and Federal aqency requirements for mitiqation, 16 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 H 1 e - Created Preserves Supplemental Plantings Off- site Preserve Criteria (091809) SL.doc Text underlined is new text to be added T e)(t strik8threbl~R -i-&--wff&Rt-teM-tG-ee.~ Bold text indicates a defined term remediation and monitorinG for the donated land shall be the responsibilitv of the applicant. iv. PUD zoninG. Where the off-site native vegetation 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 veGetation retention alternative. unless the option to use the off-site native veqetation retention alternative is included in the PUD. . . . . . . . . . . . . 17 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 H 1 e - Created Preserves Supplemental Plantings Off- site Preserve Criteria (091809) SLdoc Text underlined is new text to be added. T-8*t-striketRrS\;l9R..js. GblrreAt telA te ba aalatea. Bold text indicates a defined term LDC Amendment Request ORIGIN: e:ommunity Development & Emironmental Services Division AUTHOR: Stephcn Lcnberger. Scnior Environmental Specialist DEPARTMENT: Engineering and Environmental Scrviees Department AMENDMENT CYCLE: 2009 cycle LDC PAGE: LDC3:38 LDC3:39 LDC SECTION(S): 3.05.07 Prcscrvation Standards CHANGE: Implement requirements of the GMP with regard to preserve management plans and how they address natural diversity, stormwater management and agency approved listed species management plans. REASON: Required as part of thc FAR-based GMP amendments to the e:onservation and Coastal Management Flemenl (("CM1-). Policy 6.1.1 (6) states thc 1()lIowing (underlined/strikc through vcrsion provided): "A management plan shall be submittcdlor preserve arcas identified by specific criteria in the land development regulations to idcntify actions that must be taken to ensure that the preserved areas will maintain natural divcrsity and will function as proposed. The plan shall include methods to address control and treatment of invasive exotic species, fire management, stormwater management (if applicable). and maintenance of permitted facilities. If applicable. a listcd specics monitoring program shall be submitted pursuant to Policy 7.1.2 (2) (i). Sta!t; and fcc:lgal m'!Dagement plans consistent with the requirements of the LDC will bc aee"..Rled." FISCAL & OPERATIONAL IMPACTS: Additional costs may be incurred on the part of the applicant, wherc applicable. to address additional monitoring and maintenance requirements associated with the requiremcnts of the GMP. Basic costs associated with preserve management plans arc provided bclow (Summary of information obtained from three environmental firms in the area). Cost of a basic prescrvc managemcnt plan l()r the County rangcs from $400 to $3,500. based on the size and complexity of preserve. An avcrage prcserve management plan for the County costs about $1,200. The average hourly cost to implcment the plan. once approved, arc around $120 per hour. Electronic ground water monitoring wells 1 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 H 1 g Preserve Management Plans (091709) SL.doc Text underlined is new text to be added. Tela strikett:lrel.lQA is Gl.lrrent text ta be deleted. Bold text indicates a defined term (Piezometers) cost about $1,500 installcd. These are usually checked on a quarterly basis by consultants to download thc information and to ehcck the battery in the Piezometer. Properties with less than 5 acres of prescrve. whcre listed species are not utilizing the preserve or where preservcs do not contain habitat requiring management for fire, will not be required to submit a prcserve management plan. but only bc required to implement basic maintenance and signagc requirements. and stormwater monitoring if applicable. Time and expense will bc saved on the part of the applicant and stall in not having to prepare and revicw managcmcnt plans I(l!' prescrves which tit these criteria. Preserve management plans arc cllrrently included on Site Development Plans (SDP) and final plat construction plans (PPI.). and proccssed through thc Zoning and Land Development Revicw Department. Amendments to preserve and listed species management plans are considered "Insubstantial Changes" and cost $400 to proccss with the County. If more than onc plan sheet is involved. thcn an additional fee of $100 per sheet is charged. Rarely is more than one plan shcet required for a preserve management plan. Additional fecs are charged for 3'd and subsequent re-submittals ($1,000 for 3'd submittal, $1,500 for 4th submittal. $2,000 for 51h and subsequent submittals). Preserve management plans in themselves do not trigger othcr amendments to a SDP or PPL. RELATED CODES OR REGULATIONS: LDe: Subsection 3.05.05 (M). Not affected. GROWTH MANAGEMENT PLAN IMPACT: Required as part of the EAR-based GMP amendments to e:CMF Policy 6.1.1 (6) OTHER NOTESNERSION DATE: Created Scptember 10,2009. Amended September 17.2009 Amend the LDC as follows: 3.05.07 Preservation Standards . . . . . . . . . . . . H. Preserve standards. 1. Design standards. . . . . . . . . . . . . g. Preserve management plans. Criteria i, ii, vii and viii below are required for all preserves whether a manaqement plan for the preserve is required or not. Preserve Manaqement Plans shall be required for all properties with 5 acres or more of preserve or where listed species are utilizinq the preserve or where the preserve contains habitat which requires manaqement for fire (such as pine flatwoods. palmetto prairie or scrub) The Preserve Management Plan shall identify actions that must be taken to ensure that the 2 C:\Temporary Internet Files\Content.Outlook\M2XDPTYF\3 05 07 H 1 9 Preserve Management Plans (091709) SL.doc Text underlined is new text to be added. TeJ(t E:triltetAFEl\;l!iJA is GblrraRt teHt tG ea aalates. Bold text indicates a defined term preserved areas will maintain natural diversitv and function as proposed. A Preserve Management Plan shall include the following elements I. General Maintenance Preserves shall be maintained in their natural state and must be kept free of refuse and debris ii. Exotic vy:egetation Removal, Non-native vy:egetation, and Nuisance or Invasive Plant Control. e.!;xotic vegetation removal and maintenance plans shall require that Category I Exotics be remo'led eradicated from all preserves. All exotics within the first 75 feet of the outer edge of every preserve shall be physically removed, or the !fee veqetation cut down to grade. cut debris removed and the stump treated. Exotics within the Intenor of the preserve may be approved to be treated In place if it is determined that physical removal might cause more damage to the native vegetation in the preserve. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U S Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. Any person who supervises up to eight people in the application of pesticides and herbicides in the chemical maintenance of exotic vegetation exotic veqetation in preserves, required retained flative vegotation native veqetation areas, wetlands, or LSPA shall maintain the Florida Dept. of Agriculture and Consumer Services certifications for Natural Areas Pesticide Applicators or Aquatic Herbicide Applicators dependent upon the specific area to be treated Control of exotics shall be implemented on a yearly basis or more frequently when required, and shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. Non native '1egetation and n!'iUlsance or invasive plants and non-native ornamental veqetation shall be romovod eradicated from all Preserves A structural buffer (berm or wall) or special manaqement proqram to prevent encroachment of undesirable veqetation into a preserve shall be required alonq the perimeter of preserves where thev abut land uses other then preserves, naturallv veqetated areas or landscapinq with similar tvpe veqetation. 3 C:\Temporary Internet Files\Content.Outlook\M2XDPTYF\3 05 07 H 1 g Preserve Management Plans (091709) SL.doc Text underlined is new text to be added. T-6*t stril(stAHill;I€lA is mment text te Be deleted. Bold text indicates a defined term lttc DOGignation of a PreGerve Manager. 1\ Preserve Manager Ghall be idontified as the responsible party w-onGuro that tho Preserve Management Plan is being complied with. The indi'/idual's name, address and phono numbor shall be listod on the Presorve Management Plan Tho Gamo information Ghall bo provided rogarding the developer Both I*ffiles-w+ll- bo roGponGiblo until such time that the homeowner&--~ association takoG over the managomont of the preserve. At that time, the homoownors aSGociation shall amend the plan to provide - tho homoowner association information and information rogarding tho person hired by the association to manage tho prOGorve. The homoowner's aSGociation and tho preGol"\'o managor shall be responsible for annual maintonanco of tho preserve, in perpetuity. At a minimum, tho Prosorvo Manager shall havo tho Gamo qualifications aG aro required for the author of an EIS, as set forth in Goction 10.02.02/\.3 ~ Deslqnation of a Preserve Manaqer. A Preserve Manaqer shall be responsible for providinq the developer/property owner with technical assistance reqardinq manaqement needs for the preserve and compliance with the Preserve Manaqement Plan At a minimum the Preserve Manaqer 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 years of ecoloqical or bioloqical professional experience in the State of Florida The individual's names. address and phone number shall be listed on the Preserve Manaqement Plan~ The same contact information shall be provided reqardinq the developer/property owner. Chanqes in the Preserve Manaqer hired to manaqe the preserve shall be documented in the monitorinq report for the preserve. iv. Wildlife Habitat Management. Where habitats must be managed with regards to the species utilizing them. Wildlife Habitat Management strategies may be required to provide for specialized treatment of the preserve. Where protected species are Identified management strategies shall be developed and implemented in accordance with 4 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 H 1 9 Preserve Management Plans (091709) SL.doc Text underlined is new text to be added Te-)(~ &lfil,ett:1re~€ltl-i&-GUff&At--t8Jrt te be EleleteEl Bold text indicates a defined term section 30400 'Nhere site cemiitiens reqlJire prescribod burns, :3 fire management plan will be developed and implemented. The County will accept state and federal manaqement plans that are consistent with the requirements ef the LDC. v. Fire Manaqement Special land manaqement practices to contrel fire or to maintain species diversity in the absence of fire must be included as part of the Preserve Manaqement Plan, for those habitats requirinG these practices. Fire Manaqement plans may include removal of dead veGetation or periodic thinninq of livinq veqetation, to improve forest health and mimic the natural effects of fire, as appropriate for the habitat type and surroundinq land uses. Fuel and fire breaks shall be kept to a minimum necessary to control fire and should be coordinated with the State of Florida DIvision of Forestry, as part of a fire ~ression plan. The annual inspection monitorinG report required pursuant to ix (below) shall document, with photoqraphs, the coveraqe and types of veqetation to be cleared for fuel manaqement. prior to clearinq Where listed species have been documented within the preserve, the annual inspection monitorinq report shall require surveys for the nests, burrows or cavities of listed species that may be affected bv the land manaqement practices. no more than six months prior to clearinq, if qopher tortoises occur in the area. or within the time frames recommended !Jv the FFWCC and USFWS. Fire Manaqement plans shall be consistent with County approved Wildlife Habitat Manaqement plans VI Veqetation Removal Permits Veqetation Removal Permits shall not be required to implement Preserve Manaqement Plans that specify land manaqement practices for c1earinq for fuel manaqement or fire lines in accordance with normal forestry practices and which have been approved pursuant to this section. State and Federal aGency permits or approvals shall be required. where applicable. prior to clearinq. Veqetation Removal Permits shall not be required to remove dead. dyinq or leaninq trees which pose a safety concern, unless they contain a nest or cavity of a listed animal species or bald eaqle. The annual inspection monitorinq report required 5 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 05 07 H 1 g Preserve Management Plans (091709) SL.doc Text underlined is new text to be added. +EOO:stHket~rG~.f&-Wffeffi text tg se EleleteEl, Bold text indicates a defined term pursuant to ix (below) shall document, with photoqraphs. trees to be removed for safety concerns. V!! Protection DUring Construction and Signage After Construction The Preserve Management Plan shall address protective measures during construction and signage during and after construction that are consistent with section 30504 ~ Monitorinq for Preserves Receivino Treated Stormwater. A monitorinq proqram must be implemented for preserves that will receive stormwater pursuant to the requirements of section 30507. The monitorinq proqram must include protocols to conduct veqetation surveys and monitorinq for qround and surface water levels. The Preserve Manaqement Plan shall include a schedule requirinq a baseline monitorinq report followed by 5 annual monitorinq reports. Monitorinq reports for stormwater within preserves shall be included as part of the annual inspection monitorinq reports pursuant to ix (below). The County will accept wetland monitorinq reports submitted to the South Florida Water Manaoement District as lonq as the reports conform to the minimum requirements provided herein and Includes all of the Preserves receivinq storm water. Compatible veqetation must be planted to replace upland veoetation that may be lost as a direct result of the introduction of stormwater into the preserve. ix. Inspections and Monitorinq. The property owner shall provide for inspections of all on-site preserves by the Preserve Manaqer on an annual basis, at a minimum, or more frequently when required to insure the preserve functions as intended. The results of the inspections. and recommendations of the Preserve Manaqer, must be included in a monitorinq report on an annual basis, at a minimum. The property owner shall retain copies of the five most recent years of monitorinq reports and make them available to Collier County upon req uest. ~ Preserve Site Plan A Preserve Site Plan with FLUCFCS Codes for each of the habitat types within the preserve must be included as part of the 6 C:\Temporary Internet Files\ContentOutlook\M2XDPTYf-\3 05 07 H 1 g Preserve Management Plans (091709) SL.doc Text underlined is new text to be added. T-e~ strikett:lr9b1€1t:l is Gblrrent telct te se aelated, Bold text indicates a defined term Preserve Manaqement Plan. The location of pathwavs and other approved uses within the preserve must be included on the Preserve Site Plan. 7 C:\Temporary Internet Files\ContentOutlook\M2XOPTYF\3 05 07 H 1 g Preserve Management Plans (091709) SL.doc Text underlined is new text to be added. ~t--&tf+ketRrs1.l9t:J iE S1.lrFeAt text te be delete6l. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in GMP Future Land llse Element Deferred from 2008 LDC Cycle I AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prcvention Department AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDe:3: 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 e:ounty Utilities Goldcn Gate Well Field. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGlJLATIONS: None GROWTH MANAGEMENT PLAN IMPACT: Collier County Board Directed through The Growth Management Plan's Public Facilities l'Icmcnt Natural Groundwater Aquifer Recharge Sub-Element Objective 1.1 and the Conservation and e:oastal Management Element Objective 3.3. OTHER NOTESNERSION DATE: August 14, 2009 Amend the LDC as follows: 1 C:\Temporary Internet Files\ContcnIOllllulkI.M2.\OPTYI.\3 (J() Oh l' I{cgulatcd \Vcllficlds - (i() (0814(Jl}) RSdoc Text underlined is new text to be added, Tal4-strikett:lrebl€lt:l is EilmeAt text fa be deletea. Bold text indicates a defined term COLLIER COUNTY UTILITIES GOLDEN GATE WELL FIELD ~-- 22 I T C.RaM 2' 23 2. RANDAll BOULEVARD IMMOl<AI.~~ rlUAP " 26 I ~~t- 30 3b 31 ."" -ST'W"l STW-2 I ST'W-3 sr,w-4 ,--~.. \ I \ \ 13 '8 '2 I 1_ , ST,'W.l I -ST'W.Z " U I 13 -"'1 - >0 ., " . " 8 " " '2 " u ,,-I Sl'W.\ 1"'>Sl!W.2 ST'W.~ STW.4";'-' T- I I I ", . Q S -- --+---- 5 > I "' Q " ~ " 2J Fl s C m jJ _14 " 3G " INfrRSIAf[ 7' AlliGATOk I.t[Y;$k84i Illustration 3.06.06 C. For more detailed information, refer to the Collier County Zoninq Map at www.collieraov.nl;lt/I ndex.asox?oaae=.9.92 2 C:\Temporary Internet Files\ContentOutll1ok\M2XOPT\'F\J ()6 ()6 C Rtgulatl:u \\'ellfields - <Xi (OS 14(9) RS doc Text underlined is new text to be added. TeJet 8tril~etRrou€JR is Gurrent text te Be EleleteEl. Bold text indicates a defined term LDC Amendment Request ORIGIN: BZA directed AUTHOR: Susan Istenes, AICP DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDe:4.72.19 LDC SECTION(S): 4.03.03 Exemptions 4.03.04 Lot Line Adjustments 10.02.02 Submittal Requirements for All Applications CHANGE: Re-write and organize for ease of understanding; add the condition that approval of a lot line adjustment shall not result in additional developable area per the BZA. Add a definitive time limit for the applicant to record the approved lot line adjustment. REASON: BZA directed FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: 10.02.02 which is also being amended this cycle. GROWTH MANAGEMENT PLAN IMPACT: None OTHER NOTES/VERSION DATE: A property owner has the ability to amend a plat without limitation on the creation of buildable area (Item E below) through a different process (plat amendment). Version created 090909. Amend the LDC: 4.03.03 Exemptions Before any property or development proposed to be exempted from the terms of this section may be considered for exemption, a written request for exemption shall be submitted to the County Manager or designee. Procedures for application, review, and decision regarding exemptions from these subdivision requirements are set forth in Chapter 10. To the extent approved, the following may be exempted from these subdivision requirements. A. Agriculturally related development as identified in the permitted and accessory uses 1 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\4 03 04 Lot line adjustments (093009).doc Text underlined is new text to be added. Text strikethrsl:Jgn i~ C'drreRt tela te ba salatas. Bold text indicates a defined term allowed in the rural agricultural district A and located within any area designated as agricultural on the future land use map of the Collier County GMP and the Collier County official zoning atlas, except single-family dwellings and farm labor housing subject to section 5.05.03 shall be exempt from the requirements and procedures for preliminary subdivision plats and improvements plans; provided, however, nothing contained herein shall exempt such active agricultural uses from the requirements and procedures for final subdivision plats, and where required subdivision improvements are contemplated, the posting of subdivision performance security. B. Reserved. C. Reserved. D. Reserved. E. The division of land into cemetery lots or parcels shall be exempt from the requirements and procedures for preliminary subdivision plats and improvement plans; provided, however, nothing contained herein shall exempt such division of land into cemetery lots or parcels from the requirements and procedures for final subdivision plats and, where required subdivision improvements are contemplated, the posting of subdivision performance security; and provided, further, that such division of land into cemetery lots or parcels shall be subject to and comply with the requirements and procedures for site development plans under Chapter 10, and shall obtain site development plan approval for the entire property proposed for such division of land into cemetery lots or parcels. F. The division of land which could be created by any court in this state pursuant to the law of eminent domain, or by operation of law, or by order of any court, shall be exempt from this section; if and only if the County Manager or designee and the County Attorney are given timely written notice of any such pending action and given the opportunity to signify that the county be joined as a party in interest in such proceeding for the purpose of raising the issue of whether or not such action would circumvent or otherwise avoid the purposes or provisions of this section, i.e., the subdivision regulations, prior to the entry of any court order; and, if and only if an appropriate pleading is not filed on behalf of the County within 20 days after receipt of such notice. However, if a pleading is filed on behalf of the county within 20 days after receipt of such notice, such division of land created by the court shall not be exempt from this section. G. The division of land which creates an interest or interests in oil, gas, or minerals which are now or hereafter severed from the surface ownership of real property shall be exempt from this section. H. All division of land occurring prior to the effective date of this LDC and conforming to the purposes of this section, shall be exempt from this section; provided, however, that any property so divided which is resubdivided or further divided on or after January 10, 1989, shall not be exempt from this section. For agricultural/residential subdivisions within the rural area of Collier County as defined herein, refer to subsection 4.03.04 I., belowi. Also see "lot of record" in Chapter 1. I. The division of property, occurring prior to July 15, 1998, meeting the definition of rural subdivision shall not require the subdivider to record a final plat nor comply with the subdivision regulations provided in section 4.03.00. Nor shall the division of property occurring after July 15, 1998, in the rural area require the property owner to record a final plat nor comply with the subdivision regulations provided in section 4.03.00, if the property so divided has been the subject of a rezoning hearing by the BCC within the 24 month period preceding July 15, 1998. The subdivision of properties occurring after July 2 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\4 03 04 Lot line adjustments (093009).doc Text underlined is new text to be added. Text strikethrel:lQh is curr-ent text ts Be eeletee. Bold text indicates a defined term 15, 1998 shall not be exempt from platting and filing a preliminary subdivision plat (PSP). However, the applicability of all required subdivision improvements and standards as set forth in section 4.03.00, required improvements, of this LOC shall be determined by the County Manager or designee on a case by case basis. The applicant, through the preliminary subdivision plat (PSP) process may request waivers from certain "required improvements". The subdivider and purchaser of property meeting definition (a) of rural subdivision shall comply with section 4.03.03 of this LOC. The division of property not meeting the definition of rural subdivision is required to comply with all requirements of section 4.03.00. 4.03.04 Lot Line Adjustments f',n adjustmont of a lot line between contiguous lots or parcels 'Nhich may be platted or unplatted ans which are undor separate o'....norship or the same ownorship shall be exempt from this section if all of tho following conditions are met. Procodures for demonstration of compliance '/lith tho following conditions aro set forth in Chapter 10. ^. It is demonstrated that the request is to correct an enginooring or surveying error in a recordod plat or is to pormit an insubstantial boundary ch;:mgo bet'....oon adjacont parco Is; and B. Both lande'Nners whese lot lines are being adjusted provide 'II'ritten consont to the l~ li~'~!iIl~~Im~~~;and C. Instrurnont(s) e'lidencing the let line aEljl,lstment shall be filed in tho official records of Collier Ceunty, Florida, upon appreval, and shall indicate that the result of tho let liRe aEljl,lstrnent will meet the st:mdards of, and conforms to, the requirements of this LOC, including tho dimensional roqtliroments of tho zoning district and the subdivision in which tho lots are located. However, in caSOE of an existing nanGanfarmin!l lat af reGors ,the adjustmont shall not incr03SO the nonconformity of tho lot; 3nd O. It iE demonstrated that the let line aEljl,lstmeRt will not 3ffoct tho dovelopment rights or pormitted denEity or intensity of use of the affectod 10tE by providing the opportunity to create 3 nowlat(s) for ros31o or developmont. A. The lot line adiustment procedure is used to relocate a sinqle existinq common property line between two abuttina lots or lots of record. The adiustment mav be approved provided the followinq conditions are met. 1. Both landowners whose lot lines are beinq adiusted shall provide written consent to the adiustment; and 2. No additional lots or buildina sites or residential density mav be created; and 3. Resultant lots and lot lines shall conform with the minimum size and dimensions of the zoninq district in which they are located; and 4. Nonconformina situations (e.q. lots. structures or uses) shall not be created nor shall existinq nonconforminq situations be exacerbated; and 3 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\4 03 04 Lot line adjustments (093009).doc Text underlined is new text to be added. Ts](t &triIH)thFGbl~h iE: Gblrrent text to l3e Eleleted. Bold text indicates a defined term 5. No additional buildinQ area shall be created. B. Within 30 davs of approval of a lot line adiustment. instruments evidencinq the lot line adiustment shall be recorded in the official records of Collier Countv or else the approval becomes null and void. * * * * * * * * * * * * * 10.02.02 Submittal Requirements for All Applications * * * * * * * * * * * * B. Subdivision exemptions. * * * * * * * * * * * * * 8. Lot line adjustment/reconfiguration (see section 4.03.04). .'\n asjustment of a lot line botwoen contiguous lots or parcel!:: '",hich may bo plattod or unplattes ans which aro under separate ownorship or the samo o'l/norship shall bo Olmmpt from this !::ectioA if all of the following conditions are mot in a writton roquost to the enginooring re'/iew siroctor. a. It is domonstrates that tho roquest is to correct an enginooring or surveying error in a recorses plat or is to pormit an insubstantial bounsary change between adjacent parcels; ans b. 80th lansownore whose lot lines are boing adjustos provido writton consontto the 1~t1lhe[~!d~!I!R~~1; and c. Im:trumont(s) evidencing tho lot line asjustmont shall be files in the otticial recorde of Collier County. Florida, upon approval. and shall insicate that the result of tho lot line adjustment will meet the !::tansards of, and conforme to, tho requirement!:: of this LDC, inclusing tho simensional require mente of tho zoning district and the subsi'/ision in '""hich the lots aro locates. Howover, in casos of an oxisting nonconforming lot of record ,tho adjustmont shall not increaso the nonconformity of tho lot; and d. It is semonstratos th3t the lot line adjustment will not affect the sovolopment righte or pormittos density or intensity of use of the affectes lots by provising the opportunity to croato a new lotls) for rosalo or sovolopmont. * * * * * * * * * * * * * 4 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\4 03 04 Lot line adjustments (093009).doc Text underlined is new text to be added. Text striketRrebl€lR is Sblrrent text to Be EleleteEl. Bold text indicates a defined term This page intentionally left blank. 5 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\4 03 04 Lot line adjustments (093009).doc Text underlined is new text to be added. Text strikethrEH:I@R is EildrrSFlt text to Be QelotmL Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in GMP Future Land Use Element Deferred from 2008 LDC Cycle 1 AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC3:48-52 LDC SECTION(S): Section 3.06.06 Regulated Well Fields CHANGE: Replace the existing Illustration 3.06.06 F. with the proposed update of the Orange Tree Well Field Illustration. REASON: Remodeled the Well field Risk Management Special Treatment Overlay Zones around the Orange Tree 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 e:oastal Management Element Objective 3.3. OTHER NOTES/VERSION DATE: August 14,2009 Amend the LDC as follows: 1 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 06 06 F Regulated Wellfields - Orange Tree (081409) RS.doc Text underlined is new text to be added. TeJd stril~ethrol:l!3h is GblrreAt tSld te 138 aslates. Bold text indicates a defined term ORANGE TREE WELL FIELD 11 12 14 ( J6 13 CR. 858 24 Illustration 3.06.06 F. For more detailed information. refer to the Collier County Zonino Map at www.collierooY.netllndex.aspx?paoe=992 2 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 06 06 F Regulated Wellfields - Orange Tree (081409) RS.doc Text underlined is new text to be added. T-8*t striltethrololgh is GIolr-fCmt te)~t te l3e Gleleted. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in GMP Future Land Use Element Deferred from 2008 LDC Cycle 1 AUTHOR: Ray Smith DEPARTMENT: Pollution Control & Prevention Department AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC3:48-52 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 Well field Risk Management Special Treatment Overlay Zones around the Ave Maria Well Field. This New Water Supply Well field will serve the Ave Maria community. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: Nonc 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: August 14,2009 Amend the LDC as follows: 1 C:\Temporary Internet Files\Content.Qutlook\M2XOPTYF\3 06 06 H Regulated Wellfields M AM (081409) RS (2). doc Text underlined is new text to be added. Text striketRrG6IgR is GloIlTGlFlt tend to lae aBlate&: Bold text indicates a defined term AVE MARIA UTILITY COMPANY WELL FIELD '9 L ~ 2' 22 24 ?~ 2'J ~!K 27 IMMOKALEE ROAD i ---------t----- ---r - - I 36 3:.2 ).) _~'1 I I I I ~__ 13 1 , 1:0: .C OIL WELL ROAD Illustration 3.06.06 H. For more detailed information. refer to the Collier County Zoninq Map at www collieraoY.nelllndex.asox?oaae=992 2 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 06 06 H Regulated Wellfields - AM (081409) RS (2) . doc Text underlined is new text to be added. T0}(t stril~ethroblgh is CIoJrreAt text to be geletea. Bold text indicates a defined term LDC Amendment Request ORIGIN: Revised in GMP Future Land Use Element, Deferred from 2008 Cycle 1. AUTHOR: Ray Smith DEPARTMENT: Pollution e:ontrol & Prevention Department AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC3:5l LDC SECTION(S): 3.06.06 Regulated Well fields CHANGE: Add Ave Maria Utility Company Well field REASON: Language change allows the rule to recognize a new Public Water Supply Well field that will serve the Ave Maria community. FISCAL & OPERATIONAL IMPACTS: None RELATED CODES OR REGULATIONS: None GROWTH MANAGEMENT PLAN IMPACT: e:ollier 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 e:oastal Management Element Objective 3.3. OTHER NOTESIVERSION DATE: October 15,2008 Amend the LDC as follows: 3.06.06 Regulated Well Fields The following well field 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. 1 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 06 06 H Regulated Wellfields - Ave Maria (101508) RS.doc Text underlined is new text to be added. T6}(t &tril(ethrol.lQh i& Gl.lrrent text te Be deleted. Bold text indicates a defined term E. Florida Governmental Utility Authority Golden Gate City Well Field. F. Orange Tree Well Field. G. Immokalee Well Field. H. Ave Maria Utility Company Well Field. 2 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\3 06 06 H Regulated Wellfields - Ave Maria (101508) RS.doc Text underlined is new text to be added. Tent strikethmuQA is Gl,IrrQRt teld ta Be GalateG. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES--Deferred from 2008 Cycle 1. AUTHOR: Ashley e:aserta, Senior Planner DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: 2009 Cycle 1 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, pump houses; however, this practice was never formally documented. The proposed amendment will bring the code in line with practice 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 the location of mechanical equipment for a new house may not be prohibitive (approximately $1 ,000.). . The cost to relocate equipment location on an existing/nonconforming residence may be cost prohibitive. . 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 tuekcd 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 housc. . This will create nonconformities for over 100,000 existing residences. Who will track these nonconformities? RELATED CODES OR REGULATIONS: None. 1 C:\Temporary Internet Files\Content.Outlook\M2XQPTYF\4 02 01 Dimensional Standards for Principle Uses in Base Zoning Districts 2008.1 (081208) AC.doc Text underlined is new text to be added. Text stril{sthrmJ€lh i~ 8lJrreRt tent to B0 BBlated. Bold text indicates a defined term GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESIVERSION DATE: Amend the LDC as follows: 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts * * * * * * * * * * * * D. Exemptions and exclusions from design standards. * * * * * * * * * * * * 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) * * * * * * * * * * * * 2 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\4 02 01 Dimensional Standards for Principle Uses in Base Zoning Districts 2008M1 (081208) AC.doc September 16, 2009 MINUTES OF THE MEETING OF THE COLLIER COUNTY LAND DEVELOPMENT REGULA nONS SUBCOMMITTEE OF THE DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, September 16, 2009 LET IT BE REMEMBERD that the Land Development Regulations Subcommittee of the Development Services Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at I :00 PM in REGULAR SESSION at the Collier County Community Development Services Building, 2800 N. Horseshoe Drive, Conference Room #610, Naples, Florida with the following members present: CHAIRMAN: Thomas Masters (Absent) Clay C. Brooker Marco Espinar Reed Jarvi Robert Mulhere (Absent) STAFF PRESENT: Catherine Fabacher, LDC Manager Jeff Wright, Assistant County Attorney Stephen Lenberger, Sr. Environmental Specialist Susan Mason, Principal Environmental Specialist September 16, 2009 The meeting was called to order at 1:12 P.M by Vice Chairman Clay Brooker. A quorum was established. SUBJECT: LAND DEVELOPMENT CODE AMENDMENTS 2009 - CYCLE 1 1. Section 3.05.07 - Preservation Standards (2004 EAR-based Amendment) Purpose: Define "native vegetation" in LDC Amendment and clarify single-family setbacks Discussion items: . Why was definition changed? What is potential effect of percentage reduction from 75% to 25% . Are farmers penalized for preserving trees? . "Density" - need to clarify definition and size of tree trunk (8 inches or greater - ?) SUl!.l!.ested chanl!.es: (1) Page 32 (first paragraph - 4th line): insert "and any hardwoods with a 12 inch DHB," between the words "trunk" and "shall" (2) Page 32 (first paragraph - 7th line): change the period at "tree" to a comma and continue the sentence to read "unless the applicant provides evaluation by an arborist to help insure the survival of the trees." (3) Page 33 (Paragraph 6.): insert "but not entirely cleared," after "legally cleared" and end paragraph at the word "application." (4) Page 33 (Paragraph7): Create new paragraph 7; sentence will begin "Where vegetation has been ..." (5) Page 33 (Paragraph 7.a.iii - 6th line): insert ", but are not limited to," following the word "include" (6) Page 33 (Paragraph 7.a.iii - 7th line): delete "and may be supported by" (7) Page 35 (Paragraph 2): Insert "where secondary growth has established itself as a native vegetative community, not to include re-growth less than "X" years" where appropriate within the Amendment Subcommittee Recommendations: (a) Staff will recommend appropriate time frame for years. (b) Staff will include language to clarify "density" - i.e., allow trees to be retained in areas where there is a grouping of at least 8 trees per acre. (c) Staff will revise document and present to LOR Subcommittee at next meeting 2 September 16, 2009 2. Section 3.05.07 H.l.b. - Preservation Standards 2004 EAR-based Amendment) Purpose: Include language to encourage the largest contiguous area possible when establishing preserves. Marco Espinar moved to recommend approval of the Amendment and forward to full DSAC for review. Second by Reed Jarvi. Carried unanimously, 3-0. 3. Section 3.05.07 H.l.d. - Conservation Mechanisms (2004 EAR-based Amendment) Purpose: To improve language in the LDC regarding requirements for Conservation Easements. Clay Brooker moved to recommend approval of the Amendment and forward to full DSA C for review. Second by Reed Jarvi. Carried unanimously, 3-0. 4. Section 3.05.07 H.l.e. - Preservation Standards (2004 EAR-based Amendment) Purpose: To amend criteria for the creation and restoration of native vegetation. Also include criteria for off-site native vegetation retention alternatives. Marco Espinar moved to recommend approval of the Amendment and forward to full DSAC for review. Second by Reed Jarvi. Carried unanimously, 3-0. 5. Section 3.05.07 H.l.g. - Preservation Standards (2004 EAR-based Amendment) Purpose: To implement requirement of GMP regarding preserve management plans and address natural diversity, stormwater management, and agency approved listed species management plans. SUl!l!ested chanl!e: (I) Subparagraph viii _7th line: insert "levels" following the word "water" (2) Subparagraph viii - 7th line: delete "monitoring for hydrology" Marco Espinar moved to recommend approval of the Amendment as revised and forward to DSAC for review. Second by Reed Jarvi. Carried unanimously, 3-0. 6. Section 2.03.08 A.4. - Rural Fringe Zoning Districts (BCC Directed) J September 16, 2009 Purpose: To prohibit excavation in Rural Fringe Mixed Use ("RFMU") for agriculture, aquaculture, or any other expressly prohibited purpose. SUl!l!ested chanl!e: (1) Several changes of language were discussed: . "Unless expressly authorized under the Florida Department of ...." . "To the extent not inconsistent with the Florida Right to Farm Act..." . "Only consistent with the Florida Right to Farm Act..." Subcommittee Recommendation: Staff will revise document and present to LDR Subcommittee at the next meeting. There being no further business for the good of the County, the meeting was adjourned by order ofthe Vice Chairman at 3:00 PM. DEVELOPMENT SERVICES ADVISORYCOMMITTEE LAND DEVELOPMENT REGULATIONS SUBCOMMITTEE Clay Brooker, Vice Chairman These Minutes were approved by the Subcommittee on . or as amended , as presented 4 Text underlined is new text to be added. TOld stril<ethreblQh i€ C1:meRt text to Be Eleletes. Bold text indicates a defined term LDC Amendment Request ORIGIN: CDES AUTHOR: Catherine Fabaeher, 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 NOTESIVERSION 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 * * * * * * 5.04.00 Temporary Uses and Structures Temporary Use Permits Interim Agricultural Uses Temporary Uses During Construction Model Homes and Model Sales Centers Temporary Events Temporary Signs Annual Beach Event Permits [Reserved] C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\5 04 05 Temp events CLEAN (090709) -- CAF5.doc 1 Text underlined is new text to be added. Text striketArObl€lh is GblrmAt te)(t to 138 E.leleteE.l. Bold text indicates a defined term . . . . . . . . . . . . . 5.04.00 TEMPORARY USES AND STRUCTURES 5.04.01 Temporary Use Permits. A. Purpose and intent. Based upon the nature of some uses, their impact on adjacent uses, their compatibility with surrounding properties, and the length 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 types of temporary uses such as special events, sales and promotions. It is the intent of this section to classify temporary uses and to provide for their permitting. B. General. The County Manager or designee, may grant a temporary use permit for requests that demonstrate compliance with the intent of this section and"Qhapters 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 adjacent properties 5.04.02 Interim Agricultural Uses . . . . . . . . . . . . . 5.04.03 Temporary Uses During Construction . . . . . . . . . . . . . 5.04.04 Model Homes and Model Sales Centers . . . . . . . . . . . . . 5.04.05 Temporary Events A. Special Events. 1. Sales and Promotional Events. a. A temporary use permit is required for temporary sales and/or promotional events on non-residential property, such as grand openings, going out of business sales, special promotional sales, sidewalk sales, overstock sales, tent sales, or other similar uses for sales and promotional events related to the principal activities in operation at the subject property, unless otherwise provided for in this section. b. A temporary use permit for sales or promotional events shall meet the procedural requirements of Section 10.02.06. c. In support of the proposed temporary sale or event, temporary signs, merchandise, structures, and equipment may be placed subject to approval of a site plan depicting same. i. Temporary signage shall be subject to the restrictions set forth in section 5.04.06. ii. All temporary structures and equipment, merchandise, or placement and parking of vehicles in conjunction with the temporary sale, shall conform to the minimum yard requirements 2 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\5 04 05 Temp events CLEAN (090709) -- CAF5.doc Text underlined is new text to be added. +01:t striketRfQu(3A is Gl;Irrent text te l3e seleteEl. Bold text indicates a defined term of the zoning district in which it is located. iiL A building permit may be required for the erection of temporary structures. d. Temporary use permits for saies 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(1\)(5) 5.04,05 A.1.a. and 5.04.05(.'\)(6) 5.04.05A1.h. below. e. Temporary 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(1\)(5) 5,04.05 A,1,a. and 5.04.05(.'\)(5) 5.04.05A.1.h. below. f. Special event temporary use permits shall not be issued for undeveloped properties, with exception to pre-construction ground breaking events with a valid development order. g. 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. 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. 2. Sports, religious, and community events. a. A temporary use permit is required for sports, religious, community, 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 regular basis. The County Manager or designee may grant nonrenewable, temporary use_permit of up to H-days duration for such events. 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. 3 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\5 04 05 Temp events CLEAN (090709) -- CAF5.doc Text underlined is new text to be added. Text stril~ethrobl€lh is CUrFElRt text ts l3e deletes. Bold text indicates a defined term i. Temporary signage shall be subject to the restrictions set forth in section 5.04.06. ii. A building 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, religious, community 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. Two such events per calendar year per organization are eligible for this permit. 3. Special Event time limits. a. The County Manager or designee may grant nonrenewable temporary use permits of up to 14 days duration, such that during any calendar year the sum total duration of all permits for such events for that location does not exceed 28 days. b. For multiple occupancy parcels with 10 or more tenants the total duration of all such permits shall not exceed 42 (:lays per Calenoaryear. 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 additional 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 fivo (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 4 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\5 04 05 Temp events CLEAN (090709) n CAF5.doc Text underlined is new text to be added. Text E:tril~ett:1roblQh iE: CblFreRt text to be Elelatea. Bold text indicates a defined term unimproved properties. 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 and/or holiday sales may, in support of the use being permitted, include the placement of signs, merchandise, temporary structures, and equipment. i. Temporary signage is subject to the restrictions set forth in subsection 5.04.06 C.2. ii. A building permit may be required for the erection of temporary structures, C. Garage sales: In the case of garage sales, lawn sales, and other similar temporary sales to be held at private homes, churches and other places of worship, community centers, or other nonprofit residentially zoned institutions, the County Manager or designee may issue one 2-day permit for such events during each 6 month period. 5.04.06 Temporary Signs. A. A temporary use permit is required for the placement of any temporary ground sign, snipe sign, or banner that is not otherwise lawfully permitted. Temporary signs shall be allowed subject to the restrictions imposed by this section. 1. The County Manager or designee may issue temporary sign permits, classified by use, as necessary to adequately address each of the temporary signs described within this section. For each permit type the nonrefundable fee shall be as established in the fee schedule for the services performed by the Community Development and Environmental Services Division. 2. Temporary signs and banners shall not be erected prior to obtaining the appropriate temporary use permit. and must be removed prior to the expiration of the temporary use permit authorizing said sign. 3. Standards applicable to all temporary signs. a. Temporary signs and banners permitted by a\.ithorityof this section shall not be placed withih any publiC right-of-way. i. Sign placement shall not obstruct or impair the safe visibility, ingress, or egress of pedestrians and motorists. b. The occupant of a lot, parcel, multi-tenant parcel or mixed use building, may display 1 on-site temporary sign; a second such sign may be displayed on a property having a second street frontage. 5 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\5 04 05 Temp events CLEAN (090709) -- CAF5.doc Text underlined is new text to be added. Text f:tril~ethrmJ€lh if: Cl;meFlt temt to 138 E.leleted. Bold text indicates a defined term c. Absent specific standards to the contrary, temporary signs shall be located onsite and no closer than 10 feet to any property line. d. Temporary signs and banners shall not be erected prior to obtaining the appropriate temporary use permit and must be removed by the expiration of the temporary use permit. e. Temporary signs and banners used on nonresidential or mixed use properties shall not exceed 32 square feet in sign area or 8 feet in height. f. Temporary signs used on residentially zoned properties shall not exceed 4 square feet in area or 3 feet in height. B. Temporary Sign Permit Types and Standards. 1. Temporary Events. 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 activity 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. il. Time limits for 'sign only' temporary use permits shall be the same as those for special events, see subsection 5.04.05 A.3. 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. c. Seasonal sales signs. d. Garage sales signs. Two temporary signs may be placed on the property where the sale is being conducted. 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 serve as evidence of the new business, or location, opening. 6 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\5 04 05 Temp events CLEAN (090709) -- CAF5.doc Text underlined is new text to be added. +6)(t &tril~ethreldgR is Gldrr8nt text te sa aeleted. Bold text indicates a defined term 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 A.3.a. and 5.04.06 C.1.a.ii. 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. 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 signs. A temporary use permit allowing for the temporary placement of a sign solely for the purpose of displaying a business name for an existing business undergoing a permitted renovation, remodel, or repair that would require the temporary removal of an existing legally conforming sign. a. As applied in this section, the sign must be constructed of wood, plastic, or other similar material, may not be a banner sign, and is limited to 16 square feet. b. If placed in a shopping center or multiple occupancy building, the temporary sign for each business must be of similar color, lettering, and style. c. The sign may be affixed to the building or free-standing in front of the building so long as the sign does not obstruct or interfere with pedestrian or vehicular traffic, parking or fire lanes, or access to adjacent units. 7 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\5 04 05 Temp events CLEAN (090709) -- CAF5.doc Text underlined is new text to be added. Text l:>trikett.:lrol;!~h iE: G\:meRt text tEl sa EleleteEl. Bold text indicates a defined term d. The sign may remain in place for no longer than 120 days, or until construction has been completed, whichever occurs first. 5. Temporary sign covers. A non-renewable temporary use permit is required to erect a temporary sign cover over an existing sign unless otherwise provided herein. Temporary signs shall be allowed subject to the restrictions imposed by this section. a. A sign cover made from white vinyl or canvas may be authorized for an existing ground or pole sign for 120 days, after which time the cover shall be removed, regardless of whether or not the sign face has been replaced. 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 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 8 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\5 04 05 Temp events CLEAN (090709) -- CAF5.doc Text underlined is new text to be added. Text stril(etRr8\:;1€1A is E;\:;Irr91:Jt text to be aalatea. Bold text indicates a defined term A.. The owner of beach-front commercial hotel-resort property shall apply for an annual beach events permit. The County Manager or his designee, or his designee, may grant the permit following review of an application for such permit. The application shall be submitted on the form prescribed by Collier County together with the applicable fee for the number of planned annual beach events as indicated on the permit form and exhibits thereto. 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. B. For purposes of this section, a "beach event" shall mean and refer to any social, recreational or entertainment event (whether public or private), conducted on the beach and satisfying one or more of the following criteria: 1. The event involves the use of dining/picnic tables and chairs, serving tables, or other ancillary equipment typically used to serve an on-site meal; or 2. The event involves the use of staging equipment, amplified music, or the use of other types of electrical equipment for purposes of enhanced light and/or sound; or 3. The event: (a) Is attended by 25 or more people and is organized by or with the help of the commercial property owner; and (b) Is of a nature not commonly associated with the day-to-day use of the beach by the general public. C. Notice of scheduled events: 1. On or before the 25th day of each calendar month, the holder of such permit shall cause Collier County to be furnished with written notice of all beach events scheduled for the following month, in the form and content made a part of the annual beach events permit application. The notice shall indicate the date, time and duration of each event. 2. If a beach event is scheduled after the monthly notification has been furnished to Collier County, the property owner shall furnish the county with a separate written notice at least 48-hours prior to such event. 3. All notices or documents furnished to Collier County pursuant to the permit or these regulations shall be sent to Collier County Planning Services Department and for events that occur during sea turtle nesting season, to the Collier County Natural Resource Department as well. D. Event cancellations and postponements: 1. If a scheduled beach event is canceled or postponed, the property owner shall furnish Collier County with written notification of such cancellation or postponement. It is understood that weather conditions may cause last minute cancellations, however the property owner shall make every effort to notify the county staff a minimum of four hours prior to the scheduled event time. If such event is rescheduled, notice of the date and time of the rescheduled event shall be provided. 2. If a beach event is canceled or postponed, and no other beach events are scheduled for the date of the canceled/postponed event, and Collier County has 9 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\5 04 05 Temp events CLEAN (090709) -- CAF5.doc Text underlined is new text to be added. Text stril{othFG\:;l€lR is Gblrrent telft to Be aelate9. Bold text indicates a defined term been notified of such cancellation or postponement, then the canceled or postponed event shall not count towards the maximum number of beach events authorized by the permit. 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 t?Colner County prior to the time of the scheduled event as set forth In section 5.04.0€HCl5.04Jl7'(c). 2. Consistent with section 10.02.06, and the Code of Laws of Collier County, no structure set up, or beach raking or mechanical cleaning activity for any particular beach event shall 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. 3. 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 out from each sea turtle nest that has been identified and marked on a beach, unless a greater distance is required by an applicable state permit. 4. Use of vehicles on the beach is prohibited, except as may be permitted under Section 10.02.061. 5. Consistent with section 10.02.06, all materials placed on the beach for the purpose of conducting permitted beach events: 1) must be removed from the beach by no later than 9:30 p.m. of 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 permit. 6. All lights that are visible from the beach and cast a shadow thereon shall be turned off by no later than 9:00 p.m. of the date of the event. 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.Q4:.;QI3'5l1J4,07', as part of its daily sea turtle monitoring. 8. Pole lighting, and any other object or structure designed to penetrate the beach surface by more than three inches shall be subject to the approval of the FDEP and Collier County. 9. A copy of all notices required by any permit or these regulations must also be provided by the permit holder to the County Manager or designee. Note: When a state permit is more restrictive than the Code requirements, the State requirements shall supersede, and the county shall enforce these requirements. 10 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\5 04 05 Temp events CLEAN (090709) -- CAF5.doc Text underlined is new text to be added. Text €tril~ethrel.l€lh i€ GblrreAt text te 88 lOieletes. Bold text indicates a defined term F. Penalties. Notwithstanding the penalties set forth elsewhere in this Code, the following violations of this section are subject to the following penalties, except that the annual beach events permit may not be suspended or revoked: 1. Violations 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. 2. Violations which occur during sea turtle nesting season and are: a. Any activity that may cause immediate harm to sea turtles or their nesting activities; which include, but are not limited to the following: 1) setting up a beach event prior to daily sea turtle monitoring; 2) failing to remove beach event materials from the beach by 9:30 p.m.; 3) failing to have lights, so required, turned out by 9:00 p.m.; or 4) not placing additional barriers around nests as required by section 5.04.06; are subject to the following penalties: First violation: $1,000.00 fine. Second violation: $2,500.00 fine. Third or more violation: $5,000.00 fine. b. Any activity that would not cause irnrnediate harm to sea turtles or their nesting activities; which include, but are not limited to the following: 1) failing to notify the county of a beach event; 2) failing to provide the county with copies of Florida Department of Protection permits prior to each beach event; or 3) having beach event materials or related structures set, placed, stored on, or within ten feet of any beach dune; are subject to up to a $500.00 fine. (Ord. No. 05-27, ~ 3.CC) . . . . . . . . . . . . . 5.04.08 [Reservedl . . . . . . . . . . . . . 5.06,04 Development Standards for Signs in Nonresidential Districts. . . . . . . . . . . . . F. On-premise signs. On-premises pole signs, ground signs, projecting signs, wall signs, and mansard signs shall be allowed in all nonresidential zoning districts subject to the restrictions below: . . . . . . . . . . . 9. On-premises directional signs may be permitted within nonresidential zoning districts intended to facilitate the movement of pedestrians and vehicles within 11 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\5 04 05 Temp events CLEAN (090709) -- CAF5.doc Text underlined is new text to be added. Text strikett:lrsl::l{it:l is Gl;lrrent text te 138 QeleteEl. Bold text indicates a defined term the site upon which such signs are posted. On-premises directional signs shall not exceed 6 square feet in area and 4 feet in height. On-premises directional signs shall be limited to 2 at each vehicle access point and a maximum of 4 internal to the development. Internal signs are not intended to be readily visible from the road. a. Directional signs located internal to the subdivision or development shall maintain a minimum setback of 10 feet from the edge of the roadway, paved surface or back of the curb, as applicable. b. Directional signs may be combined into a single sign not to exceed 6 feet in height and 64 square feet in area. Such signs shall require a building permit. 10. On-premise signs within agricultural districts. a. In the rural agricultural area designated on the future land use map of the growth management plan. On-premises signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County zoning ordinance only, and subject to the following restrictions: i. One pole or ground sign, located at the entrance or gate of each street frontage. The maximum allowable sign area for each pole or ground sign shall not exceed 100 square feet with a maximum height of 20 feet, and shall be located a minimum of 15 feet from any property line, public or private right-of-way or easement. b. On-premises signs within agricultural zoning districts in the urban area shall comply with the requirements of section 5.06.04 of the Land Development Code. c. Wall, mansard canopy or awning signs within agricultural districts. Wall, mansard, canopy or awning signs shall be permitted within agriculturally zoned or used property, for agri-commercial uses defined within the Collier County Land Development Code, and sUbject to the following restrictions: i. One wall or mansard, canopy or awning sign shall be permitted for each principal use structure on the parcel. Corner parcels or double-frontage parcels shall be allowed 1 sign per street frontage, but such signs shall not be combined for the purpose of placing the combined area on one wall. The maximum allowable display area for any sign shall not be more than 20 percent of the total square footage of the wall to which it is affixed, and shall not in any case exceed 250 square feet in area per sign. 11. Illuminated signs. All illuminated signs shall have electrical components, connections, and installations that conform to the National Electrical Code, and all other applicable federal, state, and local codes and regulations. Further, lighted signs shall be shielded in such a manner as to produce no glare, hazard or nuisance to motorists or occupants of adjacent properties; nor be reflective or fluorescent; and shall have a steady non-fluctuating or non-undulating light source. 12 C:\Temporary Internet Files\Content.Outtook\M2XOPTYF\5 04 05 Temp events CLEAN (090709) ~~ CAF5.doc Text underlined is new text to be added. Text 5trilmthrebl~h is Glolrmnt text to be GleleteGl. Bold text indicates a defined term 12. Mobile billboard. It shall be unlawful for any person to display any mobile billboard. 13. See section 5.05.05 of this Code for signage regulations for automobile service stations. * * * * * * * * * * * * * 10.02.00 APPLICATION REQUIREMENTS * * * * * * * * * * * * * 10.02.06 Submittal Requirements for Permits * * * * * * * * * * * * * G. Temporary Use Permit Requirements and Issuance. See section 5.04.00 of the LDCJor temporary use permit classifications and restrictions. 1. Applications for temporary use permits shall be submitted to the County Manager or designee in writing on a form provided by the Zoning and Land Development Review Department. 2. Submittal Requirements. The temporary use permit application and appropriate required plan shall be submitted together with the applicable nonrefundable fee, as indicated in the CDES fee schedule, and approved prior to or simultaneously with the submission of a building 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 fOllowing: a. Vehicular and pedestrian traffic safety measures. b. Adequate on-site or additional off-site parking areas shall be provided as follows. i. A maximum of 10 percent of the parking 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 parking spaces pursuant to section 4.05.07 shall remain available for use. c. Limited activity hours. d. Watchmen, fencing and lighting. e. Fire protection measures. 13 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\5 04 05 Temp events CLEAN (090709) -- CAF5.doc Text underlined is new text to be added. Text stril'ietRF8t::lgA is curreRt text to l3e deleted. Bold text indicates a defined term f. Sanitary facilities. g. If required, a faithful performance bond to guarantee compliance with the conditions of the permit. 4. Review procedures. a. Based upon the information contained in the application, the County Manager or designee may approve, approve with conditions relative to the health, safety and welfare of the public or deny an application. and may attach conditions to the permit. b. In the event an application is denied by the County Manager of designee, the reason(s) shall be noted on the application and returned promptly. 5. 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 designee. 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 grounds 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, including 14 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\5 04 05 Temp events CLEAN (090709) -- CAF5.doc Text underlined is new text to be added. Text Etrikethrm:l€lR is GblFfBAt tellt t8 be E1eleteEl. Bold text indicates a defined term the removal of any displays, structures, merchandise, equipment, signs 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. 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. 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 15 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\5 04 05 Temp events CLEAN (090709) -- CAF5.doc Text underlined is new text to be added. Text strikethr.eId€JR is Cl:msAt te1(t te be aelete8. Bold text indicates a defined term necessary andlor 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 andlor 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). i) 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 16 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\5 04 05 Temp events CLEAN (090709) -- CAF5.doc Text underlined is new text to be added. Text strikethrsbl€lh is Glomant text to Be Gleletes. Bold text indicates a defined term 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 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 compiy 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 normai 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). * * * * * * * * * * * * * APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS * * * * * * * * * * * * * 10. Annual beach events which occur during Sea Turtle Nesting Season (May 1 st through October 31 st 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 5.04.06. 5.04.07. 17 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\5 04 05 Temp events CLEAN (090709) -- CAF5.doc Text underlined is new text to be added. Text lStr-il(stRrOkl€lR is GI,!r:rSRt teJet tel:1e deletes. Bold text indicates a defined term 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. 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. * * * * * * * * * * * * * 18 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\5 04 05 Temp events CLEAN (090709) -- CAF5.doc Text underlined is new text to be added. Text stril~ethrebl~h iE GblrrElRt tS}(t te ee EleleteEl. Bold text indicates a defined term LDC Amendment Request ORIGIN: BCC-Direeted AUTHOR: Amy Patterson and Nick Casalinguida DEPARTMENT: Business Management & Budget/CDES and Transportation Planning AMENDMENT CYCLE: 2009, Cycle 1 LDC PAGE: LDClO:I00-124 LDC SECTION(S): 10.02.07 C. Submittal Requirements for Certificates of Public Facility Adequacy CHANGE: e:urrently payment provIsIOns for issuance of a e:ertifieate of Public Facility Adequacy of 50% of the estimated transportation impact fees are being paid upon approval of a final local development order with the balance of the fees due in three years; changing to 20% payment of the estimated transportation impact fees each year for five years. REASON: 10,2009. To comply with Ordinance Amendment 2009-09 adopted by the BCC on March FISCAL & OPERATIONAL IMPACTS: The provisions may provide additional stability to the revenue structure as applicants are able to make smaller up front payments over the five year period and may be encouraged to pay for their Certificate of Adequate Public Facility (COA) rather than foregoing the project and allowing their COA to expire. RELATED CODES OR REGULATIONS: Code of Laws and Ordinances Section 74-302 GROWTH MANAGEMENT PLAN IMPACT: The provisions to allow the payment of the required upfront road impact fees in five (5) annual equal payments to obtain or extend a COA would maintain the integrity of the Capital Improvement Element but may require a rebalancing of the schedule. OTHER NOTES/VERSION DATE: July 1, 2009. Revised 9/24/09. Amend the LDC as follows: 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy * * * * * * * * * * * * 1 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 07 C Submittal Requirements for Certificates of Public Facility Adequacy (092409) PF3 (2).doc Text underlined is new text to be added. TeJ:t strilmthro6lgJ:1 is GblFFeRt text to Be Eleletss. Bold text indicates a defined term C. Certificate of public facility adequacy. 1. General. a. .II. certificato of public fucility adequacy (COI'.) sh:J1I bo iE:E:ued concurrontly with the approval of the next to occur final 10Gal de'/elopment order. /\t tho timo :J cortificato of public fucility adoquacy iE: iE:suod, fifty percent of tho ostimatod transportation impact foes must bo paid into tho :Jpplicablo truE:t fund pursuant to 10.02.07 C.1.0., and such funds will bo immodi:Jtoly a'/ailable for appropriation to implement capital road f:Jcility improvementE:, a. Pavment of road impact fees to obtain a certificate of adequate public facilities. L A five-vear temporary certificate of public facilitv adeQuacv (COA) shall be issued concurrent with the approval of the next to occur final local development order. At the time a temporary certificate of public facilitv adeQuacv is issued, twentv percent (20%) of the estimated pavment based on the impact fee rate in effect at the time of the pre-approval letter will be due and deposited into the applicable impact fee trust fund. The funds will then be immediatelv available for appropriation bv the Board of Countv Commissioners for transportation capital improvements. except that for those non-residential (Le., typically commercial or industrial) developments otherwise required to obtain approval of an SOP prior to the issuance of a building permit, applicants for a final subdivision plat may elect to: h ill comply with the applicable regulations of this section as to 1 or more of the lot(s) of the FSP and obtain a COA specifically for just that lot or lots at a specified intensity of development; or ih Q.l delay submitting a TIS and obtaining a COA for all of the proposed lots, or just those remaining lots not then already complying with this section, until a required SOP is applied for and the terms of this section are then complied with including payment of estimated transportation impact fees. The subject development is not allocated any available road system capacity or considered eligible to be vested for transportation concurrency purposes, however, until approval of a TIS, payment of W% estimated Transportation Impact Fees in accordance with this subsection, and issuance of a COA in accordance with Chapters 3, 6, and 10 of this Code and Rule 9J- 5.0055, FAC. Final calculation of impact fees due will be based on the intensitv 2 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 07 C Submittal Requirements for Certificates of Public Facility Adequacy (092409) PF3 (2).doc Text underlined is new text to be added. Text IStrilH3thF0b1gR i~ Gl.lrrent text to Be sBlates. Bold text indicates a defined term of development actually permitted for construction and the impact fee schedule in effect at the time of the buildina permit(s) application. such that additional impact fees may be due prior to issuance of the buildina permit(s). The balance of transportation impact fees shall be paid in four additional annual installments of 20%. beainnina one vear after the initial 20% payment. li... Impact fees for all other Cateaory "A" capital improyements will be paid at the time of issuance of building permits at the rate then currently applicable. iii. At the time a temporary COA is issued. and the first twenty percent (20%) of the estimated payment is paid. the applicant will deposit with the County sufficient security. the form of which has been approyed by the Board of County Commissioners. for a term of four Years. in an amount eaual to the 20% payment. iy. Upon payment of 100% of the estimated impact fees. the certificate will be issued in perpetuity and the dedicated security will be released. No further adyance payments will be due once actual road impact fees are paid eaual to the initial estimated impact fees. Y. Once the initial 20 percent of the estimated payment has been paid. the security has been deposited with the County. and a temporary COA has been issued. failure to submit the remainina additional installments in accordance with the proyisions of this subsection shall result in the followina: a) Upon failure to cure followina 10 days written demand. the County will exercise its payment riahts to the dedicated security: and b) The matter will be referred to the Board of County Commissioners for reyiew. Absent the Board findina exceptional circumstances. the temporary certificate of public facility adeauacy shall be reyoked. yi. For those developments that have secured a three-year COA. in order to extend the yestina period for an additional fiye Years. the balance of the estimated transportation impact fees. based on the impact fee rate in effect at the time of the pre-approyalletter. must be paid in fiye additional annual installments of 20% with the first payment beina made prior to the expiration date of the three-year certificate. For those developments that haye secured a three- year certificate that has expired. in order to extend the yestina period for an additional fiye years. the balance of estimated transportation impact fees based on the impact fee rate in effect at the time of the pre-approval letter must be paid in five additional annual installments of 20%. with the first payment beina made 3 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 07 C Submittal Requirements for Certificates of Public Facility Adequacy (092409) PF3 (2).doc Text underlined is new text to be added. Te}(t Eitril(8throt:l~t:l is Gt:lrF8Rt text tG tle G1elet88. Bold text indicates a defined term within 30 days of the effective date of this Ordinance. At the time the first 20% of the estimated payment is paid. the aoolicant will deposit with the County sufficient security. the form of which has been approved bv the Board of County Commissioners. for a term of four years. in an amount equal to the 20% payment. Upon payment of 100% of the balance of the estimated impact fees. the certificate will be issued in perpetuity and the dedicated security will be released. No further advance payments will be due once actual road impact fees are paid equal to the balance of the estimated transportation impact fees. Once the first additional annual installment has been paid. the security has been deposited with the County. and a temporary COA has been issued, failure to submit payment in accordance with the provisions of this subsection shall result in the followinQ: a) Upon failure to cure followinQ 10 days written demand. the County will exercise its payment riQhts to the dedicated security: and b) The matter will be referred to the Board of County Commissioners for review. Absent the Board findinQ exceptional circumstances. the temporary certificate of public facility adequacy shall be revoked. vii. Offsets for road impact fees assessed to buildinQ permits for impact fees paid in accordance with this subsection, as well as any remaininQ balance of payments related to the oriQinal three- year certificate. will be applied eQuallv to the new or remaininQ units or square footaQe and will run with the subiect land. viii. This provision is to be read in coniunction with section 74-302(h) of the Collier County Code of Laws and Ordinances. * * * * * * * * * * * c. Where the proposed development has been issued final subdivision plat approval or finai site development plan approval prior to tho offoctivo dato of this soction, i.o., on or about ~Jovombor d, 199d, a certificate of public facility adequacy shall be obtained prior to approval of the next development order required for the proposed development. d. Estimatod transportation impact foos for a de':elepment shall bo paid into the applicablo impact foo trust fund in the amount estimated to be due upon issuanco of the final leGal develepment erder(s) for the develepment upon or prior to issuanco of a cortificato of pUBlic facility adoqu:lCY for the de':elepment. Developments that have paid estimated impact foes for all Category "/'." facilitios prior to February €i, 200d, and which elect to come unser the provisions of this section may mal~e payment of estimatod impact fooe into the applicable transportation impact fee trust funs such that 4 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 07 C Submittal Requirements for Certificates of Public Facility Adequacy (092409) PF3 (2).doc Text underlined is new text to be added. T8),t &trikethrsl,l€lR is Sl,lrreFlt tel't to Be deletea. Bold text indicates a defined term previously paid estimates may be ::lpplied ::lS ::l crodittewards the impact fees calculated and due as a prerequisite to the issuance of the finalloc::l1 develepR'lont order(s) for the development. If the developer does not elect to come under the provisiens of this division, impact fees paid into tho imp::lct foo os crow trust fund prior to February e, 2003, sh::lll bo refundable upon written roquest to tho County Manager or designee accompanied by tho surrender of the original certificato of public facility adoquacy obtained prior to issuanco of fiml 10C::l1 dovelopment order(s) for tho development. Fees paid into applicable impact fee trust accounts as a preroquisite to the issuance of final local dovelopmont ordor(s) prior to February e, 2003, in ::lccord::lnco with tho ::lpplicablo consolidated impact fee regulations in Ch::lptor 71 of tho Codo of Laws and Ordinances sh::lll bo rofundable pursuant to the provisions of such regulations upon writton request to the Finance Director, Clerk of Courts. eo d. Assessment and application of transportation impact fees and surrender of certificate of public facility adequacy. Within gO d::lYs of v,'ritten notification Upon notice by facsimile or other approved electronic format that an application for a final local development order and a certificate Ras-have been approved and a certificate issued, or prior to expiration of the temporary, 1-year capacity reservation previously secured by the applicant upon the County's acceptance of the TIS pursuant to section 10.02.07 C.4.f., provided said capacity reservation has moro th::ln gO days remaining, whichever of tho 2 occurs lator, an applicant may pick up the certificate upon payment of 1/2 (50 percont) of the estimated transportation impact fees due in accordance with section 10.02.07 C.1.a.. Such estimates shall be based on the currently approved transportation impact fee rate schedule. If the certificate is not picked up within the timeline set forth above and the applicable estimated transportation impact fees paid, the application will be deemed denied and the applicant must roontor tho ::lpplication process from the beginning. certificate will be voided. In such a case, the applicant shall then be required to apply for an extension of the capacitv reservation in accordance with section 10.02.07 C.4.f. If the size of the residential units is not known at the time of pavment, the Transportation impact fees for residential development will be estimated using the fee based on the mid-range housing size,~ unless the residential use qualifies as afferdable housing. Affordable housing estimated transport::ltion imp::lct fees sh::lll be b::lsod on the income limitations for affordable housing in force at the time of a certificate of public facility adequacy application. .'\dditionally, previeusly vested developments m::lY, pursuant to section 10.02.07 C.1. elect to have oscrowed fees applied against the 1/2 (50 percent) of estimated transportation impact fees. Payment of these fees vests the development entitlements for which the certificate of public facility adequacy cortificate applies on a continuous basis unless relinquished pursu::lnt to tho requiremonts of this section prior to tho end of the third year after the initial impact foe paymont. Tho initial 50 percent impact feo paymont is Road impact fees paid to obtain a certificate of adequate public facilities are non-refundable after payment and receipt of the certificate of pUblic facility adequacy certificate. 5 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 07 C Submittal Requirements for Certificates of Public Facility Adequacy (092409) PF3 (2).doc Text underlined is new text to be added. T(mt strikett:1rSIoI€lR is Gl:IrreAt text to Be EleleteEl, Bold text indicates a defined term Not later than 45 davs prior to the due date of the next to occur annual installment for certificates issued subsequent to the effective date of this amendment, or not later than 90 days prior to the expiration of the 3 year period for 5tl6R-certificates issued prior to the effective date of this amendment, the county shall notify the cortificate helder then current owner via certified registered mail of the amount due calculated in accordance with section 10.02.07 C.1.a. Tho dovolopor may olect to pay the balance ef tho estimated transportation impact fees for tho ontitlements for which the certificate appli\)!: or modify the certificate to a 100:sor entitlement and calculate the balance of the transportation impact fom:; on the revisod ontitlements. The certificate ef public facility adequacy shall be modified to include only the entitle mentE: for which the eE:timatod tranE:portation impact fees are paid. The e)(piration date for tho romaining, up to 50 percent, balance of the estimated tranE:portation impact foos due from a previously veE:ted de':elopment that optE: into the revised concurrency certificate proceE:E: aE: provided in E:ection 10.02.07 C.1. of thiE: Codo, will relate bacl< to the date of issuanco of the original certificates. Once the balanco of tho estimatod transportation impact feeE: are paid, those estimatod foos aro non refundablo. Howovor, the certificate of public facility adequacy runE: continuously with the land in porpotuity af-ter all estimated tranE:portation impact fees have been paid. I'.s building permits are drawn down on the entitlements, the estimated tranE:portation impact feoE: already paid E:hall bo dobitod at tho rato of tho impact foeE: in offoct at tho timo of utilization. If the estimated transportation impact fee account becomes depleted, the developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build-out of the development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent, transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the certificate of public facility adequacy is modified to delete those entitlements. 2. Rules of general applicability for certificate of public facility adequacy. Certificates of public adequacy issued for roads under section 10.02.07 C.1. of this Code will remain in effect until the expiration date of the certificate subsequont to the [effectivo dato of this section's amendment] will run in perpetuity provided provisions of subsection 10,02.07 C.1.e. of this Code are met and that annual mid-year monitoring reports are filed which comply with section 10.02.07 C.1. of this Code and all developer requirements established during zoning or as part of a developer contribution agreement are completed or are being constructed consistent with the current development infrastructure improvement construction commitment schedule. a. Timing. An application for a certificate of public facility adequacy may only be submitted as part of an application for a final local development order subject to section 10.02.07 C.1. of this Code. b. Impact Fees. A complete application for a certificate of public facility adequacy will include the calculation of the total amount of transportation 6 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 07 C Submittal Requirements for Certificates of Public Facility Adequacy (092409) PF3 (2).doc Text underlined is new text to be added. Te)~t stFil~etAr8b1!31:l is ClJrr..eAt text te 138 Eleletml. Bold text indicates a defined term impact fees estimated to be due by the applicant on the development for which a final local development order application has been submitted. Impact fee calculations will be reviewed and the amount estimated to be paid pursuant to section 10.02.07 C.1.e. of this Code finally determined by the impact fee coordinator. Ono half (50 percent) of tho ostimated payment Payment in accordance with Section C.1.a. will be due at the time of notification of approval of the final local development order and will be deposited into the applicable impact fee trust fund and will be immediately available for appropriation by the Board of County Commissioners for transportation capital improvements. Final calculation of impact fees due will be based on the intensity of development actually permitted for construction and the impact fee schedule in effect 3t the time of the issuance of building pormit(s) rate then currently applicable; such that additional impact fees may be due prior to issuance of the building permit(s). The balance of transportation impact fees shall be due as provided for in section 10.02.07 C.1 of this Code. c. Consolidated application. A final local development order shall receive final approval only to the extent to which the proposed development receives a certificate of public facility adequacy. The application for a certificate of public facility adequacy may only be submitted with an application for final local development order approval, where appropriate under this section. An application for a certificate of public facility adequacy will receive final approval and a certificate will be issued concurrently with approval of a final local development order as set forth in section 10.02.07 C.1.e. of this Code. d. Assignability and transferability. An approved certificate of public facility adequacy shall run with the land associated with the corresponding development approval, and shall be assignable within the corresponding land of the approved development. and shall not be assignable or transferable to other development, except as may otherwise be provided for under an approved development agreement. This provision does not preclude the re-allocation of capacity between lots or parcels comprising the land that is the subject of the same consolidated application for development approval so long as the original certificate is surrendered along with a written request by the then current owner to re-allocate no more than that certificate's previously approved capacity in are-issued certificate. e. Expiration. A certificate of public facility adequacy for "Category A" facilities, except roads, shall expire 3 years from the date of its approval except to the extent that building permits have been issued for the proposed development for which the certificate is approved or a final subdivision plat has been approved and recorded, and the proposed development is then completed pursuant to the terms of the Collier County Building Code or as provided in section 10.02.07 C.1. of this Code, refund of impact fees, except for certificates issued pursuant to section 10.02.07 C.1. of this Code, will be subject to the provisions of the consolidated impact fee trust fund ordinance. The expiration date of a re- issued certificate re-allocating capacity to different lots or parcels in the 7 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 07 C Submittal Requirements for Certificates of Public Facility Adequacy (092409) PF3 (2).doc Text underlined is new text to be added. Text E:trikethrobl@lR is Gldrrent text to 138 aelates, Bold text indicates a defined term same development will relate back to, and be calculated from, the original certificate's date of issuance. i. For large developments as indicated below, a 5 year certificate of pUblic facility adequacy for "Category A" facilities, except roads, may be obtained provided the developer enters into an enforceable development agreement with the county. Developments comprised of more than 500 residential dwelling units, or a phased increment of development comprised of more than 150 residential dwelling units, or a commercial/industrial development of more than 100,000 square feet of gross leasable area is considered to be a large development. A certificate of public facility adequacy for a large development shall expire 5 years from the date of its approval except to the extent that building permits have been issued for the proposed development for which the certificate is approved, and the proposed development is then completed pursuant to the terms of the Collier County Building Code. f. Effect. Issuance of a certificate of publiC facility adequacy shall demonstrate proof of adequate public facilities to serve the development approved in the development order, subject to the conditions in the development order. A subsequent application for development approval for development approved in a development order for which a certificate of public facility adequacy has been approved shall be determined to have adequate public facilities as long as the certificate of public facility adequacy is valid and unexpired. When a certificate of public facility adequacy expires, any subsequent application for development approval shall require a new certificate of public facility adequacy to be issued pursuant to the terms of this section prior to approval of any subsequent development order for the proposed development. Application for approval of a certificate of public facility adequacy for subsequent or continuing development once a certificate has expired shall be based on public facility availability at the time of the new application. Under no circumstances shall a certificate of public facility adequacy be automatically renewed. 3. Effect of development agreement in conjunction with a certificate of public facility adequacy. Upon approval by the Board of County Commissioners, any applicant shall enter into an enforceable development agreement with Collier County pursuant to the provisions of F.S. 99 163.3220--163.3242 or other agreement acceptable to the Board of County Commissioners, in conjunction with the approval of a development order and/or a certificate of public facility adequacy. The effect of the development agreement shall be to bind the parties pursuant to the terms and conditions of the development agreement and the certificate of public facility adequacy in order to insure that adequate public facilities are available to serve the proposed development concurrent with when the impacts of the development occur on the public facilities. 4. Procedure for review of application. 8 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 07 C Submittal Requirements for Certificates of Public Facility Adequacy (092409) PF3 (2).doc Text underlined is new text to be added, Text stril(stAFobl€JA i& GblFFElRt t8)~ te 88 E1eleteEl, Bold text indicates a defined term a. Submission of applications and fees. The application for a certificate of public facility adequacy for road facilities only shall be submitted in duplicate to the Community Development and Environmental Services Division Administrator. Such applications shall be submitted at the filing for the next final local development order as specifically provided for under section 10.02.07 C.1. All other applications for a certificate (i.e., except for road facilities) shall be submitted at building permit application along with and final payment for any impact fees owed, including any road impact fees" will be due prior to buildinq permit issuance. Application fees in an amount to be determined by the Board of County Commissioners shall accompany and be part of the applications. . . . . . . . . . . . e. Approval of certificate; payment for, and cancellation of certificates. Upon notification by facsimile by the Community Development and Environmental Services Division Administrator or his designee and the Transportation Services Division Administrator or his designee, that an application for a certificate of public facility adequacy for road facilities has been approved, 1/2 (50 percent) of tho estim(ltod transportation impact fees shall be paid in accordance with section C.1.a. If the applicant does not pick up the certificate and pay all applicable transportation impact fees '....ithin 90 days of notification by fucsimile, prior to expiration of the temporary 1-year capacity reservation previously secured by the applicant upon the County's acceptance of the TIS pursuant to section 10.02.07 C.4.f.. the certificate will be voided. In such a case, the applicant shall then be required to apply for an extension issu::mce of a-fl€W the capacity reservation certific3to in accordance with section 10.02.07 C.4.f. All Collier County impact fees are due and payable at building permit issuance based on the applicable rate structure in effect at the time the buildinq permit application is submitted 3t th3t time. f. Traffic Capacity Reservation for all or part of the proposed development may be approved and secured at application pending approval of the final sub-division plat, site development plan or building permit upon acceptance of the TIS by the Transportation Administrator as part of a complete Application Request (AR) deemed sufficient for review for the proposed development by the CDES Division. The Transportation Administrator will notify the applicant of any traffic capacity reservation via facsimile per section 10.02.07 C.4.c. Traffic capacity reservations will be awarded to the development upon: approval of the COA and final development order per section 10.02.07 C.4.e. payment of road impact fees in accordance with section 10.02.07 C.1.a. and 10.02.07 C.4.e.; and Proportionate Share Payment, if applicable, in accordance with section 6.02.01. Traffic capacity reservations approved under this section will expire in 1 year, from TIS approval and determination of available capacity, unless the final local development order for the development is approved, or the Board approves an extension to the 1 year time period. 9 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 07 C Submittal Requirements for Certificates of Public Facility Adequacy (092409) PF3 (2).doc Text underlined is new text to be added, Text strikethroblQA it GblrFent text Ie !:Ie 8€1letea. Bold text indicates a defined term . . . . . . . . . . . . . (Ord. No. 05-27, 9 3.XX; Ord. No. 06-63, 93.TT) 10 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 02 07 C Submittal Requirements for Certificates of Public Facility Adequacy (092409) PF3 (2).doc Text underlined is new text to be added, Text E:tFil~etAroblQh is Gblrrant text to eEl E1aletes. Bold text indicates a defined term LDC Amendment ReQuest ORIGIN: CDES AUTHOR: Maryann Devanas DEPARTMENT: Engineering and Environmental Services AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDCIO:137-138 LDC SECTION(S): 10.02.13 Planned Unit Development (PUD) Procedures CHANGE: To clarify who is responsible for submittal for PUD monitoring reports. And to correct text sunsetting text to indicate that an extension runs from the original sunset date versus the original approval date - which is not correct. REASON: The County Attorney's Office has opinioned that the responsibility for Annual Monitoring Reports is held by the owners (all of them) of the undeveloped or developing lands, or in the case of a fully developed PUD by the owners (governing associations) of the common lands. Following this opinion from the CAO the language struck through below in 10.02.13 F.I.4 is not correct. FISCAL & OPERATIONAL IMPACTS: None - Currently all owners within a PUD are notified of their responsibility to file an annual monitoring report. Therefore the amendment would not affect our procedural costs. RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTES/VERSION DATE: Created June 9, 2009. Amend the LDC as follows: 10.02.13 Planned Unit Development (PUD) Procedures . . . . . . . . . . . . . D. Time limits for approved PUDs. For purposes of this section, the word "sunset" or "sunsetting" shall be the term used to describe a PUD which has, through a determination made by the planning seryices department director, not met the time frames and development criteria outlined in this section of the Code as 1 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 0213 PUD time limits and reporting,doc Text underlined is new text to be added. Text E:triketArsl:J€)A is GblrFBRt lext tEl S8 E1eletes. Bold text indicates a defined term applicable. For all PUDs, the owner entity shall submit to the planning services department director a status report on the progress of development annually from the date of the PUD approval by the board of county commissioners. The purpose of the report will be to evaluate whether or not the project has commenced in earnest in accordance with the following criteria: . . * * . * . * . * . * * 8. PUD time limit extensions. Extensions of the time limits for a PUD may be approved by the board of county commissioners. An approved PUD may be extended as follows: a. Maximum extension: There may be one PUD extension granted for a maximum of two years from the date of original approval sunset. * * . . . . . . . . . . . F. Monitoring requirements. In order to ensure and verify that approved project densities or intensities of land use will not be exceeded and that development commitments will be fulfilled and are consistent with the development's approved transportation impact study, annual monitoring reports must be submitted by the owner(s) of a PUD to the County Manager or his designee. . . . . . . . . . . . . 4. County will be given at least 6 month's prior written notice to a change in ownership, to a community association, including but not limited to transfer of all or part of the development to a Home Owners Association, Property Owners Association, Master Association or similar entity. Ch(lngo in ownership of portions of a PUD development Sh311 not 3bsolve the origin31 owner of the requiroment to file an annual monitoring report. Transferring responsibility for filing the annual monitoring report to an entity other than the original owner may be demonstrated in the form of an executed agreement between the original owner and the new entity which when filed with the planning services department director shall automatically transfer responsibility for filing that annual monitoring report. 5. A release of a PUD commitment determined to be no longer necessary shall be brought as an agenda item to the Board of County Commissioners for their approval. 2 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 0213 PUD time limits and reporting,doc Text underlined is new text to be added. Text E:trikett-lrouSR iE: GblFrent text to ee E1elete8. Bold text indicates a defined term LDC Amendment Reauest ORIGIN: CDES AUTHOR: Catherine Fabacher, AICP DEPARTMENT: Zoning & Land Development Review AMENDMENT CYCLE: 2009 Cycle 1 LDC PAGE: LDC10:143-144 LDC SECTION(S): 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board CHANGE: Add notification requirements for conditional use extensions. REASON: There are none in the existing LDC. FISCAL & OPERATIONAL IMPACTS: None. RELATED CODES OR REGULATIONS: GROWTH MANAGEMENT PLAN IMPACT: None. OTHER NOTESNERSION DATE: Amend the LDC as follows: 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board . . . . . . . . . . . . . B. Notice and public hearing where proposed amendment would change zoning classification of land and for conditional uses and variances, for planned unit development (PUD) rezoning extensions, conditional use extensions and for small- scale or other site-specific comprehensive plan amendments. In the case of a small- scale or other site-specific comprehensive plan amendment, an application for extension of PUD zoning status or the rezoning of land, to include re-zonings, conditional uses and variances initiated by other than the Board of County Commissioners or amendments to planned unit developments, such provisions shall be enacted or amended pursuant to 1 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 03 05 CU extension notification.doc Text underlined is new text to be added. Toxt strikethreblQR iE: G10lrrElRt text to bo E1eletee, Bold text indicates a defined term the following public notice and hearing requirements by the planning commission and the Board of County Commissioners as applicable. Small-scale or other site-specific comprehensive plan amendments, PUD extensions, rezoning, conditional use~ conditional use extensions and variance petitions initiated by the Board of County Commissioners or its agencies for county owned land shall be subject to these provisions. 1. Applications for a PUD extension and a conditional use extension, whether initiated by the applicant or the BCC, shall only be heard by the BCC pursuant to the notice and advertising requirements set forth in sections 10.03.05 B.10. and 11. of this Code. 2. In the case of PUD extensions pursuant to sections 10.02.13 D.4., 10.02.13 D.5.a. and 10.02.13 D.6. of this Code, and conditional use extensions, a sign shall be posted at least 15 days prior to the date of the hearing before the BCC and shall conform to the applicable sign requirements listed below. a. The sign advising of the PUD extension or conditional use extension hearing shall be in substantially the following format: PUBLIC HEARING FOR A PLANNED UNIT DEVELOPMENT (PUD) and/or CONDITIONAL USE EXTENSION TO PERMIT: (set forth alternatives going to the BCC) DATE: TIME: b. THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER, HARMON TURNER BUilDING, 3301 E. TAMIAMI TRAil, NAPLES, FLORIDA, 34112. . . . . . . . . . . . . . 2 C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\10 03 05 CU extension notification.doc mmoo xrom :r(/)(")s: oZ;<:o m(/)oO x-om :rGl(")s: :>>~;<:o C I .......r cnm-- -Ira::! :rm:>>O O(")<z 0-1=1 o2l!(/) (/)(") -<f? 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N CD en w w CD '" "'~N ::J '"' it> "i.n :J '0 en it> " " "i.n '0 " Co ~~~~ c 0 '" en c: 0 00 ..... c: '"' '" en c: '" <D 0 0 0 '" 0 0 en '" en en 0 CD 0 000< ~. CD a a a a a a a 0 a 10 1000= 0 0 0 0 0 0 0 0 0 00 oooe 0 QOoro Office of the Fire Code Official Summary of Plan Review Activity August-09 Architectural Reviews Sprinkler Reviews Underground Reviews Fuel & LP Gas Reviews Hoods & FSUP Reviews Alarm Reviews SOP Reviews Total # of Plans Reviewed 326 54 12 8 21 66 49 536 Number of Work Days Average # of Plans Reviewed per Day 21 26 ASAP Reviews per Building Department 9 Fast Track Architectural 1 Tent Total # of ASAP Reviews' Total ASAP Reviews per Day 10 05 "'Overtime Reviews are not included In this figure Scheduled Meetings/Hours Ed Bob Jackie Ricco Ken Maggie 17.5 Hrs 9.75 Hrs 3.00 Hrs. 21.84 Hrs. 3.58 Hrs 3.25 Hrs. Classes and Seminars attended by FCD 8/10 Joint Fife TAC Meeting, Melbourne 8/24~8/31 Fire Officer, National Fire Academy, Emmitsburg, MD Participant Ed Riley Robert Salvaggio Total Overtime Hours for the Fire Code Office "Overtime Hours Reimbursed by Contractors o o In addition to the above-mentioned tasks. The Fire Code OffiCial's Office fields numerous phone calls, walk-Ins, field Inspections and impromptu meetings Office of the Fire Code Official 2800 N, Horseshoe Dr Naples. FL 34104 Fire Plan Review - Time Frame Summary August-09 Number Number Average #of 1st %of 1st Percentages of of Time in Reviews Reviews Within Time Reviews Days Days Approved Approved Frames Arr.hltActural Reviews Total 326 231 0.71 1st Review 229 182 079 179 78% 100/10 Days 4 Day Max 2nd Review 75 38 051 100/3 Days 3rd Review 20 10 050 100/3 Days 4th Review 2 1 050 10013 Days Total 2-4 Reviews 97 49 051 100f3 Days 3 Day Max Fire SDrlnkler Reviews Total 54 50 0,93 1 8t RevIew 41 41 100 26 63% 100/10 Days 5 Day Max 2nd Review 12 9 075 100/3 Days 3rd Review 1 0 000 100/3 Days Total 2-3 Reviews 13 9 069 10013 Days 3 Day Max Underaround Reviews Total 12 12 1.00 1st Review 8 11 1.38 4 50% 100110 Days 4 Day Max 2nd Review 4 1 025 100/3 Days Total 2nd Review 4 1 0.25 100/3 Days 1 Day Max Fuel & LP Gas Reviews Total 8 5 0,63 1 st Review 7 4 057 3 43% 100/10 Days 2 Day Max 2nd Review 1 1 100 100/3 Days Total 2nd Review 1 1 1.00 10013 Days 1 Day Max Hood & FSUP Reviews Total 21 28 1.33 1 at Review 14 20 143 50% 100110 Days 8 Day Max 2nd Review 5 8 150 100/3 Days 3rd Review 2 0 000 100/3 Days Total 2-3 Reviews 7 8 114 100/3 Days 3DayMax Fire Alarm Reviews Total 55 55 0.98 18t Review 38 53 1.39 21 55% 100/10 Days 8 Day Max 2nd Review 20 12 0.60 100/3 Days 3rd Review 7 0 000 100/3 Days 4th Review 1 0 000 100/3 Days Total 2-4 Reviews 28 12 043 10013 Days 2 Day Max ll1Itnm;uy 1st Review 337 311 0,92 240 71% 100/10 Days Corrections 150 80 0.53 100/3 Days Overall Totals 487 391 0.80 Otfi,;~()ltheFif..Cud..Offici..1 2800 N. Ho's""I'o~ 01 Napt"..FL34104 COLLIER COUNTY BUILDING PERMIT FEE ANALYSIS OCTOBER 2009 (OLLlER COl:NT\ BlIl.Ill"iG I'ER'\IIT FEES SECTION 1 'NTRODU:TION PMG Associates, lnc, (PMGA) was engaged by thc Collier County Community Development Department to conduct a review of the current Building Permit Fee Schcdulc and make the necessary recOtnmcndatioIls rur revision. This analysis is part (If an overall exmnination of all fees for Building. Planning and In..;pcction eff~)rts. The functions to hc lIleluded arc . Actual cost dct~nll1natlon . Fee AnalySIs The methodology uscd Illr thlS analvSls idcntitics thc costs rCljulrcd to perform thc service and the fees charged for the prl1visioll of Ihal service Any' discrcpancll~s bctvveen the costs incurred and the revenue generated is dctilll.~d The following sectwns dL''';LTlbc lll\.' illl'II1\)dnlof1.\ ill (h.~LllL pcrJurm the calculatIOns and provIde findings and rccommCndall(ll1s SECTION 2 ADEQlJACY OF CTRRENT RATE STRLJCTlJRE Collier County tmposes fces flll the issuance of permits to build structures and to conduct the inspection of the work pert(llllled. At present. there arc vanOllS fees associated with the specialties required Illr constructIOn purposes, The base fee in the current system is designed to address all functions or the department ti"om Plan ReView tll Inspection to Issuance of a Certificate of Occupancy'. Varinlls r~11l'~ apply based on the type of construction activity. The current fee does not 1111111 lhl.... nurnh~J' of IllSpCdlOlh that lTlu:-;t be nmduded for a construction project. In many casl's. the number llf IllsrectlOl1S l'xcceds ~5 10 30 for the various disciplines. Based on the requirement to insure that the constructIOn actiVllY meets codes and standards, the existing building pennit tee does I1dt (l)\'cr all of till; costs associated \\/ith a new structure. To adjust for the inequity 111 the Systt..'lll, Jl !", propllsl;d that the fee structure be revised to impose one fee for the Application and Phn RL'V1C\V Pruccss :md another for the Inspection Process, The outcome will bl: a fee charged for cad1 Plan RCVIC\\: reqUIred and Ill!" each inspection required. If a particular structure rcqUln:s a Plan R~\ Ie\\" for SlructuraL (:.kdncal. Plumbing and ~1cchanical services, a fee will he charged t\)[ c:h...'h IT\'1,-'\\ hl! sll1lpkr permits (such as fences) only one review may be m:(\..'ssary. alld 111u-, \\il~ \' i 'nl' Plan f<l'\ H:'\\ h..T llllpllsed Plan Review Average Cost of Service: The Methodology used to dctenmnc Ihe ,ervICl' co,1S for the issuance of Applications and Plan Review Permits reqUired Ihe Idenlilicatlon 01 all of Ihe pcrsollncl costs associated with an average fee and all of IIldtn.'l" C()~ts that ~tre necessary tn provide servIce. Personnel Costs include all of tlw employec, that c()lItnbutc III the Plan Review Process. This listing includes thl.' Custom\.-'!" SLT'.lll' !)l"lSI lllnd \\ 110 take the applIcatIOn and tile all records, The next employ.'cc CL.hS I;'; till.,.: PLm Rl.'\il"SlT \\ h\\ \'\ammcs the applil...:atJon and dctennines if the plans submitted mCt,'t the rcqUltl.:d \:Odl''> ;l!ld :-.\illldards Induded In this section is the issuance of the Ccrtifil'<ItL' of Ck",,:uptlll..:\ rl'ljlllred lli dCCUr~' and use the strllcture. Supervlsory personnel such as the S("Ctl01l Mal1a~cr ;IP-.: aho necessary' tn lllsure that all polices are met and the pennit is issued accurately, To establish the atnount of time spent on the average issuance of a pcnnit, records were cxamined and interviews were conducted with the appropriate personnel. This process led to the determination of the average amount 01" time reqUired hy each employee class Itlr the Plan Review Process, Direct Costs are established hv multiplying the hours by thc average salary rate Itlr the employee class. This averagl: salary' W:.I:-> IH'l\llkd USillg the J"eL\Jrds system of the County. Actual Cost Determination: The fee schedule was analY/ed hased on the tnne and matenals needed to provide the service. In addition to this, trmge benefits and dlrecl charges arc cll11S1dcrcd, An analysis of operational L'\pCns\.' costs ;lfe includ\..~d, ('(l\cring the support services required t.hat are not directly related to prnyidinf!: the :-.I..'1"\'i((;, Salary Costs: The basis for the ke SI..'llL'dulc f.k', L'IUP1l1"1l1 J:-> llh: allo(a(wn of' the time that it takes each individual employee tu \.:i.lmplelL' the asslgm:d 13Sk:; l"hl..'se C(hb arc expressed as an hourly rate based on the l..Jl1pluyee classlficEltJun dl1lt the rate paid to those persons in that class. ll1e total amount of Direct Personnel Salary It)r the Plan Rcview scetlon IS $1, I 99.275, Direct Personnel Fringe Benefits: This category is dctin<.:d as th<.: fces thaI ~ln: added ll) the DIrect Salary' Cost due to Government regulation or benefits granted to l:.'mpJoyec:-;. (ltlcn contractually. The amount for this section is $456,445 which lI1c1ude, the li,ll"JVlllg , . Social Sc..:urity \1alchlng . Retirement Regular . Health Insurance . Life lnsuram:e Sh~lrt and l.onLc ftTm . Worker's Compcl1'iat\Oll Ht.'guLIl . Er 457 Defcn-cd (-,'mpclh"lhlil . Reserve for Salan AdjuSl111C11! The typical method Ie)]" cstimating thcse costs. especially j{)f planning purposes, IS as a percentage of Direct Salary Costs, The appropriate rates were ohtained from the Finance Department of CDES. For this study. the Dired Personnel Fringe Benefit rate IS 38.06"1c, ($456,445/$1,199,275), Operational Expenses: Other Divisions of Collier Countv C<Jll1mllllitv Development Department supply Internal Support Services to the Plan RL'\'ll'\\ nll~..;L' "LT\ ilXS SUPP(lr1 the operatIOn. hut cannot be assigned to a particular peml1L The items 111 lhh c,ltl'giH"~ an,~ lcknufied m the ft.dlowmg table, Building and \;tilttre, Contractual Non-BCe SUpP(~rt_ Ser\"h cs . Allocation Factlnies Relalcd :- Aii()eat;o~ Financial ,md f......."......-.----.-........ : Allocation ('Ol111\)' Attorncy : AllocatIOn Managcr\ on;cc and BCt. Lf.:aIlsf er~II}'x penses i Transfer :..HR-I~~p~llscs : Debt Service ;--Rec~rd~dAddre_~sing I S';btotal ' $ $ $ $ $ __,,__,. $ 46,609 $ 151 S 2~,309 $1 'i2JIKI The Operational E:xpel1sc'-. I'llI' tht.' PI:lIl RC\'IL'\\ ~t:~;tliln arl.~ cxpresstxl as a function of the total Direct Personnel Fxpen..;~'i, rOl~d DIITi.:! PLTsnruh.::l l'.xpenses :HT: defined as T\egular Salary plus the Direct Personnel Fnnge Benl'!ih defined earlier ,1 The total Salary Cost I,'r the divlslon lS S 1.655. nil, which adds the two lib'llres. Operational Expenses, as detlned abmc, mc ., 1.491,1 7X, lhcrct()rc thc Operational Expenses Rate is 90,060/0, providing an lJ\'l:raIJ multiplier l1l'1 I){J Total Cost: The total cost of issuing the averag~ pcnrllt IS dctcrnllHcd b\ addlJ1g all of the various cost items to arrive at a total. rhe loll"\\lng tahle pro\'hks th" caleulatwn, Thc amount of timc spent by each person on a certalll type of permIt \\ a~ detenl1lned atkr i.:unducting interviews with at least one person in each categof) Inspections Average Cost of Service; The Methodology used hI deternllne the si.:fvice Cl)sts for the inspection of construction activity required the identificatIOn of all (1f the per:-,onnL'\ L'O"its associated \vith an inspection and all of indirect costs that arc nCl'L~Ssary ttl prpvidc service Personnel Costs include all of the employees that contrihute to the issuance of a permit. This listing includes the Customer Servicc personnel whll take the request t()r the inspection, The Inspectors who actually perlaI'm thc IUne!lOll arc ineluded based on the time reqUIred to complete a typical inspection. SopcrVlsory personnel such as the Chief Inspectors are also necessary to insure that all polices are mct. To establish the amount ,d time spellt nil the average lllspccllon, records \verc examined and interviews were condUl'lt:'tl \\lth the appr\lpnatt' PLT'i(1Il11C.j rhlS process led to the detemlination of the average amount l)1 !IIllC reqUIred b\' c:iL'h cmploycL' dass Direct Costs are estabbshed hv lmlltlplvlilg th,' bllUi"'; hy rhc avera"" salary rate lor the employee class. This average salary was pr{l\'hj,^~d U"illlg till" l"l.-,um.!s SVSll'lll of the ('ounty. Actual Cost Ddermination; The fee schedule was analy/ed based I'n the tnne <lnd matenals nceded to perfornl the inspection serVlees. In ad(hU\\n to thIS. Innge bendi!s and duect charges are conSIdered. An analysis of indirect overh(';lt} costs are 1I1cluded, covering the support services required that are not diredly rela1l.x! t(l providing the senICL'. Salary Costs: The basis I"r the Ice schedule development is the allllcat,on of the time that it takes each individual employee to complete t1w aSSIgned tasks. 'rhcse l...'usts are expressed as an hourly rate hased on the employee l'lassd]l...~atioll ~lnd the rate paid to those persons in that class. ~ The total amount 01 [)lIecll'cr,onnd SaLuv I," Ihe Inspect""' sectIOn IS 51,157.740. Direct Personnel Fringe Benefits: This category IS dd1ned as thc Ices that arc added to the Dircct Salary Cost due to Govemment regulation or benetits granted to employees. often contractually. The amount for this section is S4'iIUJ40 which includes the t(ll1owing: . Social Sel...'urity '1atdlll1g . Retirement Regular . Health Insurall~l' . Life InSUrallC\2 Short and Long IeI'm . Worker's Compensallon Regular . Er 457 Defencd Compensatin!l . Reserve IiiI' Salary AdJustmcnt The typical method [or estimating Ih,,,e Cl'sts, espeClallv tilr planning purposes, is as a percentage of DIrect Sa];:lry Cll:-ih l'he appropnali..~ rates \\'lTC ohtaincd from the Finance Department ofC'Dl:S i'llI' 1l11" '-.twh. 11'1,,-' L)in..'<-'l I)l~rs,)nlh.:'l Fnllge Benefit ratl~ is 42,550/{) ($450,04(Jl5 I, I 'i 7,7.11 I) Operational Expenses: Other Divisions of CollIer County Community Development Department supply Internal Support Services ", the Penl11tting and l.ieensing Division. These scrvices support the operation, but cannot be assIgned to a particular permit. The items in this category are identified in the tilllowlI1g wble, 5 ( ah.'g,flr~ \mount ~ ] ~ ~ _ _ "'<<, , Direct Trans Jortation o crating Supl'hes Iyroposed ~'apital Replacement I Direct Sothvare S vstem I:::xpl'nsl's J-------~n._.n..... ... .. ..,.. Subtotal $209,600 ---- ---..--- $ 70.500 $150,000 $ 66,667 ~1l1lding and {'tthUcs Contractual N,)n,BCC SUpP"'! S,TVlcCS Allocation Faciilttes Rclakd I Allocation Ffn_~t~?_~:ial and PW\.:!WSiJl_g I Allocation ('ount, Attornc\ I Allocati,o.!.'r-X,;;;;gd,s (Jlli~c ,,"d [1(( J~~!:!~t~r_~ n Expenses Transfer - HI~_lxl)e~lses _, Debt Servi ce .~.- - --.-,---.--- Records and Addresstl~_ _______ Subtotal ~().26J 26.651 29,%1 {)7.6~J The OperatIOnal Expenses for tile InspectIOn section are expressed as a function of the total Direct Personnel Expenses, Total Direct Personnel Expenses are defined as Regular Salary plus the Direct Personllcllnnge Benefits defined earlier The total Salar;.: Co"t t()f' 1he (11\ !\I(ln is S 1 5()7.7kO. \\'ll1cl1 adds the two figures. Operational Expenses. (l:-, (k!lnL~d ,tlW\L'. arc '. l.:q..-;u~(l() l"hcrcfore the Operational Expenses Rate is X9,rn";<lo. pr(l\'ld1l1g an dn~ra!l ll1ultlPl1cr l1f I.X9 Total Cost: The total cost of L.'ompleting the ;l\-cragL.' inspcdinn is ,h:tcnnillcd by adding all of the various cost items to arrIve al a InIal The fn]]()\..vlIlg tablt. pn,J\'ldes the calculation, tJ SECIIO' J CALCULATION OF FEES Personncl COSlS _..."...__.~- CusIomcr Service Planning T echnlcJ.'lI1_ ' Plan Reviewcr Su ervisor)'j',crsonnel Subtotal -----~._-'"-- Dircct Personnel Fr_lnge Benet;ts Total Direct Salarl.<:.:ost $2705 $ J 1.62 (J,5 O,S 05 (12 1.7 JS,060() Bascd on an F'R I of.1 2,(JOIl "~UillC tool house, Ihls fee e~uates to $.(JS4 per square Il)ot. i Personnel Costs 1---- "."" Customer Service __)nspeetor ,_ Supervisory Personnel Subtotal -.-,-,.----. Total Direct Salary Cost ____.._._.__---L.....--._____.._ Total Direct~,llaI)'S'<>st S20,i.Jo S2'i,\)K $.J'; 7<' 1l.2'i $ 5.25 I (J.5 ",~~ .11ii1 (J l...__ I $ J~8__ O,X'i I $21.81 ------ ---.-...--........---- $ 9.28 ...,,-.......--.-- __~31~_~ 4.~.550o Recommended Fees: Cate 01)' , __ _App~~ation and 1'1.111 R"VlC\\ Minimum Fec Ins ectioI1 Re-ll1>ipectlun Convemence Ilhpi..'C!IOn (Bif\lk _0 fl(lJ.--. Fcc "05,:; IlL'l "qu,lrc tl)[ir ti)r t~adl t::Vl' of review , '> ll(f per rc\ 1('\\ _ ________ , \(ll) pCI' il1'-{I\.xti~m "'I ,:; lllT IT 11:.-;p~CI!_l)n ~'"')o 7 Comparison with other communities: A review of the permit fl'l':-' chJrgcd in olher COlll111t.Il1itil'''i has hcen ~onductcd and the results arc f(llllHl mlhe table (In tll\.' 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U '" I- " u - - en '5 - 0 '" c - 0 - ;;: '" - 0 0 - 0 'i5 0 '" "" I!! u 1: E - 1: '" 2 0 0 ~ ~ 0 u '" E - > '" c. C c C "0 "" .;: '" ,'ll - '" '" '" u - ~ '" .2" '" '" 0 '" 0 ~ <lI " ::E ::E " 0 .<:: - "" 0 '" 0 '" :;; - :;; '" ~ V1 a. U '" 0 '" I- 0: u.. 0 U a. 0 -' M " '" CD r-- 00 '" 0 .... N M " en co r-- 00 ()"; 0 ~ .. N N N N N N N M M M M M;N": M M M M " ,,- I ~- ~,L-. Changes in flood zone maps could affect thousands of Collier residents: naplesnews.com Page 1 of2 .com Read more at nap!csnt','Ns.com Changes in flood zone maps could affect thousands of Collier residents By Uv!. STACKEL Saturday. September 26,2009 NAPLES - As many as 50,000 homes and businesses in Collier County could be affected by proposed changes in flood zone maps, planning officials say. That means those properties would require more insurance, or an exemption from the Federal Emergency Management Agency. Consequently, a proposed floodplain ordinance was yanked back recently for rework by Collier County officials. The decision came earlier this month after the Collier County Planning Commission blasted employees for kowtowing to FEMA preferences and turning most of Collier into a special flood hazard area. The county's ordinance has to accurately reflect federal designations. If that occurred, insurance for homes and businesses would have increased, as would the cost of doing business in Collier, leaders protested. Earlier this month, Joe Schmitt, administrator of Collier County Community and Environmental Services, issued an explanation of the new proposed digital maps that were unofficially floating through the community, while county spokesman John Torre acknowledged that the floodplain ordinance was sent back for more work. Schmitt wrote that beginning in 1988, FEMA's proposals to update the county's flood insurance rate maps created concerns. County and Naples city staffers protested that the maps were inaccurate, and would place an undue financial burden on property owners. Specifically, proposals would place Golden Gate Estates and Immokalee in flood zones. That would have meant mandatory flood insurance. After decades of debate and lawsuits, county, Naples and FEMA officials reached a compromise in 2005: to leave Golden Gate Estates and Immokalee out of the flood zones until the release of new maps with more accurate geographic and technical data mhtml:file://C:\Temporary Internet Files\Content.OutlookIM2XOPTYF\Changes in flood z... 3/22/2010 Changes in flood zone maps could affect thousands of Collier residents: naplesnews.com Page 2 of2 and analysis. But the county's consultants came up with new data to support insurance rates for flooding that is caused by rainfall, instead of coastal surge. In short, most of Golden Gate Estates would be mapped as subject to flooding of three feet in depth, or less. That is because not every house in the Estates is built at the same elevation, and to be excluded from the overall designation, each property owner would have to apply to FEMA with a Letter of Map Change. Prior to 2001, official elevation certificates weren't required in Golden Gate Estates, Schmitt noted. "While it is important to start preparing now, property owners are advised that we won't know the actual location of the flood zone lines until the preliminary (digital maps) are submitted to the county in January 2010," Schmitt wrote. At that time there will be about four months in which owners could file appeals if they have sufficient scientific evidence to support their disagreement with the preliminary digital maps. County volunteer advisers decided earlier this month that they aren't waiting for that to happen. The National Flood Insurance Program is administered by FEMA. To qualify for flood insurance, a community must join the program and agree to enforce sound floodplain management standards. For more information, go to http://www.colliergov.net/lndex.aspx?page=251. The next Floodplain Management Planning Committee meeting is at 9 a.m. Monday, Sept. 28. Check the Collier County monthly committee calendar at http://www.colliergov.net/lndex.aspx?page=1913. Iiii:!"'".~ III @ 2009 Scripps Newspaper Group ~ Online rnhtml:file://C:\Temporary Internet Files\Content.Outlook\M2XOPTYF\Changes in flood z... 3/22/2010 EXECUTIVE SUMMARY Recommendation to adopt a Resolutiou amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in The Code of Laws and Ordinances, Section 2-11 OBJECTIVE: To have the Board of County Commissioners (BCC) approve a resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in The Code of Laws and Ordinances, Section 2-11. CONSIDERATION: Community Development and Environmental Services (CDES), the Contractor Licensing Board (CLB), and the Oevelopment Services Advisory Committee (DSAC), in this Executive Summary are proposing a comprehensive set of revisions to the COES Fee Schedule relating to building permit, inspections, and contractor licensing fees. Included in these proposed revisions is a change in licensing, penn it review, and inspection fee methodology and amounts, a broad agreement on penn it review times with codified performance standards backed by penalties for any COES failure to meet such standards, an agreement on COES reserve levels with codified review and approval process for both raising and lowering fees as needed to maintain proper reserves, and a codified review and approval process for annual fee adjustments based on actual cost changes incurred by CDES. Concluded as side agreements to this fee schedule revision process are new internal COES policies relating to outsourcing and privatization of peak workloads, and new hiring policies which favor temporary staffing within CDES until increases in workload, and resulting revenue, is firmly established over extended timerrames. As part of the ongoing economic turndown, the Building Review and Permitting Fund (Fund 113), has been reducing costs and downsizing staff counts since the beginning of 2007. Attachment "A" is an examination of the budget reductions and cost saving measures within Fund 113 during this period, which comes to a total budget reduction of 65%. Attachment "B" is a chronological listing of all CDES enterprise fund employees who have left County employ and have had their positions rrozen, remaining unfilled with their departure. This list of employees totals 105 individuals, several of whom had over 20 years of Collier County experience. CDES has strived to maintain a steady relationship between workload, staffing, and its budget. This relationship was recognized by the Collier County Productivity Committee in their review of the proposed FY 2009 budget, stating that "COES proposed budget reductions are proportional to reductions in the COES workload." While there has been revenue neutral changes in methodologies and valuations, and limited in scope adjustments to fees charged for some minor permits and re-inspections, the core building permit fee amounts charged by COES have remained unchanged since the 1990's. As outlined in Attachment "C", during this period there have been significant increases in per employee personnel costs, and fixed costs such as building related expenses have remained constant or increased while permit totals have decreased, resulting in higher per unit expenses. Since FY 2007, with the time lag between receiving fee revenue and providing services, CDES expenses have exceeded its revenue. Ouring this period COES has used its reserves to mitigate such revenue shortfalls, while still maintaining a 3 to 6 month reserve level as recommended by The Clerk of the Circuit Court's 2003 audit ofCDES financial operations. For FY 2010, as discussed in the BCC Budget Workshops in June of 2009, COES Fund 113 reserves will be completely depleted. The FY 2010 BCC approved budget is included as Attachment "0". The ongoing viability of the Building Permit and Review Fund, and with it the ability of COES to maintain its services, can only be met through an adjustment in fees charged for services. CDES recognizes both the challenges created by the current economic recession, and the integral role the building industry plays in Collier County's economic wellbeing. As such, CDES opened up the fee schedule proposal process to an open discussion of industry concerns with the services provided by CDES, and to an examination of how COES could both maintain its regulatory functions and make a positive contribution to the economic challenges faced by the community. One agreement coming out of that process and included in the proposed fee schedule is a series of written guarantees on permit review times. These performance standards include all COES reviews, and are inclusive of the entire building permit application process from lobby submission to the issuance of a permit or comment letter with revision requirements. The timeframes range from 5 business days for new residential construction, to 15 business days for new commercial construction. These timeframes were issued as a challenge from the OSAC, and CDES has agreed to them based on the anticipated gains from the City View software project and from ongoing efficiency efforts implemented through operational studies and work flow analysis. Should CDES not meet these standards for any given application, 50% of the review fees collected will be refunded. Also included in the proposed fee schedule is a section which creates an annual cost of business type fee adjustment, creates processes for insuring that CDES reserves remain at appropriate levels including fee decreases if reserves grow beyond targets, and creates a formal review process to insure COES fee increases generate only the levels of revenue projected in the proposals and not more. In each type of potential fee action, the OSAC is recognized as a formal partner in the process, and as a necessary reviewer of CDES fee proposals. As part of the comprehensive approach to this proposal, and deriving from both DSAC and internal concerns, Attachment "E" is a proposed policy outlining any future COES response to both short-term temporary spikes in business and broader long-term increases in activity levels. With the benefit of retrospection, CDES acknowledges that hiring practices which occurred during the 2004 to 2006 building boom did not provide lor the most flexible response to the following longer term business cycle. As part of this new internal policy, CDES is committing to maintaining a core staf1ing level with strong core business and institutional knowledge, privatizing temporary peaks in workload, and hiring temporary workers whenever possible until long-term base levels of permit and inspection workloads are firmly established. Within this fee proposal, the current building permit fee of $0.29 (twenty nine cents) per square foot is split into a pennit review fee of $.055 (five and a half cents) for each building trade review (up to 4 possible), and a separate inspection fee of $60 per each inspection conducted. These amounts were arrived at by an outside consultant, PMG Associates, who was hired by CDES and conducted a time and cost study to determine proper levels for these and contractor licensing fees. Overall, on average, this proposal represents a 40% increase in current COES Fund 113 fees. Some individual permit types will see no increase, some permit types will potentially see fees double, and there will be variation between individual permits of the same type depending on the 2 size and complexity of the reviews and how well they manage the inspection process. But in all cases, this new "pay as you go" fee structure will charge individual applicants for the services directly provided to them by CDES. No excess charges for one type of permit will be used to subsidize another type of permit. Individual contractor licensing fees will increase to an amount equal to the cost of directly providing those licensing services, services at a level requested by the DSAC, reviewed by the Contractor Licensing Board (CLB), and validated by PMG Associates. As part of the proposed fee schedule changes relating to fee adjustments, a full review ofresulting revenue will be presented to DSAC for review at six months after the implementation date if this proposal is approved by the BCC. Should DSAC determine that resulting revenue exceeds that revenue projected in their approval of this proposal; a fee adjustment (decrease) recommendation will be brought to the BCC at that time. Attachment "F" is the full PMG study, including the cost distribution methodology. Attachment "G" is the projected revenue, by permit type, resulting from this fee proposal. Attachment "H" is the proposed fee schedule. Attachment "I" is the resolution. Attachment 'T' is the current valuation tables. Attachment "K" provides a sidc by side comparison of the current and proposed fee schedules, along with strike-troughs. Attachment "L" is the approved resolution of the Contractor Licensing Board recommending Bce approval of this proposal by a 6-1 vote at their September 16"' meeting. This proposal was xxxx by DSAC by a x-x vote at their Oct 07'1. meeting, with the recommendation that xxxxxx. FISCAL IMPACT: This fee proposal is designed to result in the equalizing of CDES expenses and revenue, and if approved a budget amendment will be required to change projected final FY 20 I 0 reserves to a level equaling the reserves held by Fund 113 at the new fee implementation date (proposed for Jan I, 2010). This proposal also funds certain limited non-personnel capital expenses as reviewed and endorsed by DSAC, such as limited vehicle and computer replacements, and budget amendments will be brought forward at such time that actual sufficient revenue has been received to fund such requests. LEGAL CONSIDERATIONS: This item does not raise any legal Issues. The County Attorney's Office will work with staff to implement Board direction. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: CDES, the DSAC, and the CLB all recognize their roles and obligations in assuring that anyone purchasing new residential or commercial buildings in Collier County, or engaging alterations or additions to current structures, can be confident that professional design, plan review, construction, and inspection personnel will insure that all work meets or exceeds applicable Building Code standards. To provide adequate funding for CDES to meet its part of these obligations, CDES recommends that the BCC adopt this Resolution amending the Collier County Administrative Code Fee Sehedule of development-related review and processing fees as provided for in The Code of Laws and Ordinances, Section 2-11 Prepared Bv: Garrett R Mullee, Manager Operations Support - CDES 3 Memo To: From: CC: Date: Re: Contractors Licensed to Install Fire Alarm Systems Collier County Fire Code Official's Office Collier County Fire Marshals 3/22/2010 Existing Building Rehabilitation Code Compliance Guidelines Please note the process agreed to by the fire alarm committee members, the local fire districts and the Fire Code Office, in an attempt to address the existing occupancy code compliance criteria required by the 2007 edition of the Florida Fire Prevention Code (FFPC): 101, section 43.1.2.1(1) has resulted in unintended consequences and has become burdensome for all parties inyolyed with the process. In light of this, the issue of compliance with section 43.1.2.1(1) relative to fire alarm system rehabilitation work was reyisited by the local fire marshals and the following was resolved: Upon permit submittal to the Fire Code Office for fire alarm system rehabilitation work, the fire alarm contractor will proYide only the information relative to the actual scope of work and comply with FFPC 101: sections 4.6.7 and 43.1.2.1(2), keeping with the processes that were enforced in the past, prior to the adoption of the new submittal requirements. 2800 N, Horseshoe Dr" Naples, FL 34104. Office (239) 252-3473 Fax (239) 403-2393 Furthermore, compliance with FFPC 101: section 43.1.2.1(1) will be handled by each indiyidual fire district and their respective adopted procedures, again, keeping with the processes that were enforced in the past, prior to the adoption of the new submittal requirements. Albeit, when the procedures were originally agreed to by all parties inyolved and enforced in order to satisfy section 43.1.2.1(1), it was in an attempt to expedite the compliance process and to proYide the end-user (owner) with the opportunity to identify deficiencies early on in the inspection process and to provide an ayenue of conyenience regarding permitting and cost-effectiveness. Howeyer, and as is the case with many new policies, it was understood by all inyolved that this policy was temporary and would be reyisited at a later date, following the passing of an adequate amount of time wherein feedback could be evaluated. That time has come. The feedback was proYided, was eyaluated and has resulted in the aforementioned resolution. We trust this action will help preyent further unintended consequences. Respectfully, Ricco A. Longo Deputy Fire Code Official . Page 2 ~ u .c bilo ~ f.Il 13 ea '" 3 ~ ~ ::l..8 ~ 0. 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