Ordinance 89-049 ORDINANCF 89 - 49
- ".~AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
~'~.~_{{O. 82-2, AS AMENDED, THE COMPREHENSIVE ZONING~
U~TIONS FOR THE UNINCORPO~TED AREA OF . ~.~
;":,,~COLLIER COUNTY BY AMENDING SECTION 7.27,
HABITAT IDENTIFICATION; BY PROVIDING FOR
REMOVAL OF EXOTIC SPECIES; BY PROVIDING FOR A
PROG~ TO PREVENT REINVASION OF EXOTIC
SPECIES; BY PROVIDING A REQUIREMENT TO OBTAIN
A TREE REMOVAL PERMIT PRIOR TO LAND CLEARING;
BY PROVIDING A REQUIREMENT TO PRESERVE AN
APPROPRIATE AMOUNT OF NATIVE HABITAT; BY
REQUIRING FOR A PROTECTED SPECIES SURVEY; BY
PROVIDING FOR CONFLICT AND SEVERABILITY; AND
BY PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the current County Growth Management Plan, that has
been approved by the Board of County Commissioners provides for
identification, protection, conservation, and appropriate use of
its native vegetative communities, and wildlife habitats; and,
WHEREAS, Policy 6.4.1 of the Conservation and Coastal
Management Element of the County Growth Management Plan requires
identification of native habitat communities; and
WHEREAS, Policy 6.4.3 of the Conservation and Coastal
Management Element of the County Growth Management Plan requires
new developments to implement a program for removal and long-term
'control of exotic plants; and
WHEREAS, 'Policy 6.4.5 of the Conservation and Coastal
Management Element of the County Growth Management Plan requires
that developments greater than 2.25 acres receive a tree removal
permit according to the requirements of the Tree Removal
Ordinance (Ord. 75-21), as amended; and
WHEREAS, policies 6.4.6, 6.4.7, and 6.4.8 of the Conservation
and Coastal Management Element of the County GrOwth Management
Element requires that new developments retain an appropriate
amount of native vegetation on site; and
WHEREAS, Policies 7.3.6 of the Conservation and Coastal
Management Element of the County Growth Management Plan requires
a survey for protected species;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
Words underlined are additions; Words s~u=k-%h~ough are
deletions.
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SECTION ONE:
Ordinance 82-2, Section 7, Subsection 7.27 (PUD) Planned Unit
Development , e. Planned Unit Development District: General
Req~iraments and Limitations: 2) Master Plan (a) A development
plan, drawn to acceptable scale, which shall indicate:, shall be
amended to read as follows:
(3) Boundaries of the subject property, all existing
streets, land uses, watercourses, easement, section
lines, and other important physical features within and
adjoining the proposed project. Developments shall
identify, protegt, conserve and aoorooriatelv use native
vegetative commu~it~e~ add wildlife habitat. Habitats
add their boundaries shall be identified on an aerial
pho~ogyaph of the S~%¢, Habitat identificat~oB will be
consistent with the Florida Department Of Transportat~og
Florida Land Use Cover and Forms Classification System
and shall be depicted on an aerial photoqraph havin~ a
scale Qf one inch equal to at least 200 feet when
available from the County. otherwise, a scale of at
least one incJl_~qual to 400 fe~t is a_cccDtable.
Information obtained bv ground-truthing Su~-vevs shall
have precedence over ~nformation presented throuch
photographic evidence.
SECTION T~O:
Ordinance 82-2, Section 7, Subsection 7.27 (PUD) Planned Unit
Development, f. Planned Unit Development: Specific Requirements,
Limitations, and Standards, shall be amended by the addition of
the following:
(13) Preservation and Protection of Desirable Natural
Historic or Archaeological Features: Every effort shall
be made in the planning and development of a PUD
District to preserve and protect desirable natural,
historic, or archaeological features of the site
including trees and other vegetation of consequence.
The disturbance of terrain or vegetation in a manner
likely to significantly increase either wind or water
erosion within or adjacent to the PUD District is
prohibited.
All exotic plants, as defined in CountY Ordinance 82-37.
iL2 amendg_~, shall be removed during each Dbase of
¢onst:~uction from development areas, Open space areas,
and presewe areas, Followin~ site development.
maintenance program shall be implemented ~O prev~t
~invasion of the site by exctic species. This plan,
which will describe control tecb~icues and inspectiog
t n~e tva 1 s, _ sba 11._ b~_f t led_wi~h_and, uubJ
])~y__iJto (~omm~l]Jty D~velol)ment Services Diro. ctor or
des%qnee. Flexibilitv in the for~ of areatrade-offs or
mitiqation should be allowed iD the d~ter~lination of
areas within developments tq be Preserved,
The developer of the Planned Unit Development shall be.
subject to Ordinance 75-21 CoT thc tree/v=ggtation
removal ordinance in existence ~t the %ime
permittinq), reauirin~ a tree removal
Words ~ are additions; Words s~tt=k-%h~eugh are
deletions.
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land clearing, A site clearing plan shall be submitted
to the Development Se~;ices Director or desionee for
their review and subject to approval prier to any work
on the s~te, This plan may be_~subm~tted in phases to
coincide with the development schedule. The sit~
clearing Plan shall clearly depict how th~ ~inal site
lavoq~ incorporates retained native vegetation to th~
maximum extent practical and how roads, buildings.
lakes, parking lots. and other facilities__have been
oriented tO ~ccommodate this Goal. One criterion to be
used in eva~uatinG the extent of native ve~etation to be
retained shall be a consideration of th~ land
SECTION THREE:
Ordinance 82-2, Section 7, Subsection 7.27 (PUD) Planned Unit
DmYmlopment, f. Planned Unit Development: Specific Requirements,
Limitations and Standards: 3) Character of the site;, shall be
amended by the addition of the following paragraphs, to read as
follows:
3)
Character of Site: Any propos{d PUD shall be suitable
for development in the manner proposed without undue
hazards to persons or property, on or off the tract,
from probability of flooding, wind or water erosion,
subsidence of buildings or other structures of
facilities. Condition of soil, ground water level,
drainage, and topography shall all be appropriate to
both kind and pattern of use or uses intended. The site
shall also contain sufficient width and depth to
accommodate adequately its prdposed use and design.
~~r_~Jdiol~lal developments greater than 2.5 acres
in the Coastal ManaGement Area as defined in the 1989
i~ition of the Future Land Use Element of the Countv
Growth Management Plan and Greater than 20 acres in tho
9oast~l Urban Desinnated Area as defined in the General
Plan Reguirements sect~o~ o~ the Adoption Notebook of
the 1989 edition of the Future Land Use ~lement of th9
County Growth Management P~an shall retain 25% of the
y_iablo naturally functioning native veget~Tut~ion on s.l_%9
including both the understorv and the Ground cover
emphasizing the largest contiguous area possible, wheg
several different native plant communities exist on
site. tho development plans will reasonably attempt to
preserve examples of all of them if possible. Areas of
l~%nds_capin~_and_Qpell_~Dace which ar~ planted with nativ~
~pecles shall be %Dcluded in the 25% reGuirement
9Qnsiderin~ both B~derstorv and Groundcover. Where a
~Loject has included eden space, recreation amenities Qr
preserved wetlands that meet or exceed the minimum open
space cr%teria of colligr County, th~s policy shall not
be construed to reGuire a larger percentage of open
space set aside to meet the 25~ patSve.¥oge~ation
po%icy. This policy shall not be interpreted to alloE
~¢yelopm~nt in wetlands, should the wetlands alone
~onstitute more then 25% of the sl~e. Exceptions shall
~e Granted for parcels that cannot reasonably
accommodate both tho native ~'ogetation a~d tho ProPosed
a~t~vitv~
~1i other types o~ new dov~%opmeDt shall be required ~0
preserve an appropriate porti~B of the native veGetati6n
of the site as determined through the County development
review process. Preservation o: different conti~uous
Words u~erline~ are additions; Words s%~eR-th~u~h are
deletions.
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habitats ts to be encouraged, when several native plant
communities exist on si~e the development plans will
reasonably attempt to preserve exammles of all of them
is possible. However, this Policy shall not be
Interpreted to_a~gj~ dovelo~mont in wet]~nd(), should
wetlands alone constitute more than the portion of t~k9
site required to be preserved, ~xceptioD$ shall be
granted for parcel~ which can not reasonably accommodate
both the preservation area and the proposed activitv~
Agricultur~ ~hall_~Q QXOmDt from _the above pros~rvat.[on
requirements provided that any new clearing of land for
agriculture shall not be coDvert9~ to ggn-agricultur,%~
d~vel~plit~r at least ten years. For any such
conversion in less than ten veers, the converted lan(X
will be restored with native vegetation to the degreq
required by_C~n%v ordinances in effoct_~t~thg__~;]19
~rino occurred,
SECTION FOUR:
Ordinance 82-2, Section 7, Subsection 7.27 (PUD) Planned Unit
Development, e. Planned Unit Development District: 2) Master
Plan shall be amended by the addition of the following
requirement:
Developments shall identifvo protect, conserve a~d
appropriately use native veqetative communities and wildli~
An appropriate protected species survey using current
methodology of the Florida Game and Fresh Water Fish
Commission shall be reouired for developments greater than
acres as part of the County's EIS review process. An
appropriate protected species survey should include
considerations for species known or likely to occur in or
around habitat~ in the development area,
SECTION FIVE: Conflict and Severability:
In the event this Ordinance conflicts with any other
Ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of the
Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
Words upderlin~d are additions; Words struok-%hro~gh are
deletions.
SECTION SIX: Effective Date:
This Ordinance shall become offective upon receipt of notice
from the Secretary of state that this Ordinance has been filed
with the Secretary of State.
ATTEST: BOA.RD OF COUNTY COM/4ISSIONERS
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,~ .. APPRO~D A~ TO FO~ AND
LEGAL SUFPICIENCY
·
~ KENNETH B. CU~/~ER/)
COUNTY ATTORNEY
Words underlined are additions; Words s%=uek-%h~ough are
.deletions.
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby ce['tify that the foregoing is a true copy of:
Ordinance No. 89-49
which was adopted by the Board of County Commissioners on the
'25th day of July, 1989, during Regular Session.
WITNESS my hand and the official'~.eal of the Board of
County COmmissioners of Collier County, Florida, this 2nd
Au~uet, 1989.
JAMES C. GILES
Clerk of Courts and Clerk
Ex-officio to Board of
ommissioners
By: Virginia Magri
Deputy Clerk
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