Ordinance 89-058ORDINANCE 89 - 58
AN ORDINANCE AMENDING ORDINANCE 75-21, AS
AMENDED, THE TREE REMOVAL ORDINANCE, BY
AMENDING SECTION TWO: SUBSECTION 4.,
PARAGRAPH D. ON-SITE iNSPECTION; BY PROVIDING
FOR THE PRESERVATION OF AN APPROPRIATE AMOUNT
OF NATIVE HABITAT; BY PROVIDING FOR CONFLICT
AND SEVERABILITY; BY PROVIDING FOR AN
EFFECTIVE. DATE. ~ co
Wq{EREAS, the current Growth Management Plan, adopted by the
Board of County Commissioner, provide for the preservation and
conservation of native habitat communities; and,.
WHEREAS, policies 6.4.6, 6.4.7, and 6.4.8 of the Conservation
and Coastal Management Element of the current Growth Management
Plan require that new developments preserve an appropriate amount
of native vegetation on site.
NOW, THEREFORE, BE IT ORDAINED, BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The following paragraphs be added to Ordinance 75-21, as
amended, The Tree Removal Ordinance, Section Two: Subsection 4.
Permit Procedure: D: On-site Inspections:
D. On-site Inspection: The B~=eete= County ManaGer or DesiGnee
may conduct an on-site inspection to determine if such
removal conforms to the requirements of this Ordinance and
what effect if any, the removal of said trees will have upon
the drainage, topography, and natural resources of the
affected area prior to the granting or denying of said '
application.
DoveloDment~ shall idcntify~ protect, conserve and
appropriately use native vegetative communities and wlldlif9
All new residential develQpments greater than 2.5 acres ~n
the CoaStal M~aqement Area ~s defined in the 1989 edition of
the Future Land use Element of the County Growth ManaGement
. Plan and Greater than 20 acres in the coastal Urban
DesiGna~ed Area as defined in the General Plan Recuirements
~ section Of the Adoption No~eb0o~ O~ the 19~9 edition of ~b9
~: ~- FU%Ure band Use Element O~ ~he County Grow%h ManaGement P~
shall_retal~] 25% of the~vlabl~_naturall~_funu~lo~u~la~]_V_~
~-~ ygO~tat~o;i on site |ncludinq both the understorv and ~h~
-- ~r0~Dd cover emphasizing the la¥~est contiguous area
~ ~om~ible. When several different native plant commu~ities
~ d~.~ on site, the development plans will reasonablv attempt
'~= to ~.reserve e×amDles pf a~l of them if Do~%ible. Areas of
~Decies shall be included in the 25% recuirement considerin~
bo~h understory and qroundcover, wher~ a pro, oct has
included oDe~ space, recreation amenities or Dreserve~
wetlands that meet or exceed the miniDum ope~ sp~ce criteria
of Collier County, this Dolicv shall not be construed to
Words underlined are additions, Words s%~u~k-~h~ou~k are
deletions.
re,u ire a larger percentage of open space set aside to meet
the 25% native vegetation policy, This pglicv shall not be
~nterpreted to allow development in wetlands, should th~
w~ptlands alone constitute more then 25% of the siteL
Exceptions shall ba grantod for parcels that cannot
]i~(lB]Jblv accommodate both the native vegetation and the
~roDosed activity.
All other typos of now development sh~ll be re~uired t~
preserve an appropriate portion of the pa%ive vegetation on
the site as determined through the CQuntv develooment review
process. Preservation of different con~quous habitats is to
be encouraged, When several native plant communities exist
on site the dpvpl9Dment plans will reasonably attempts_to
preserve examoles of all of them if possible. However. this
policy shall not be interpreted to allow development i~
wetlands, should wetlands alone cp~stitv~ mor~ than th_9
portion of the site reouired to be preserved. Excemtions
shall be Granted for parcels which can not reasonably
accommodate both the preservation area and the proDose,~
activity.
Agriculture shall be exempt from thn above Dreservatio~l
reguirements provided that any new clearing ~f land.for
agriculture shall not be converted to non-agricultural
development for at least ten veers. For any such conversion
in less than ten veers, the converted land.will be restored
with native vegetation to the degree reGuired by County
ordinances i~ effect at the time the clearing occurred.
SECTION TWO: 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 Ju~iSdiction, such portion shall be deemed a separate,
distinct and i~dependent provision and such holding shall not
affect the validity of the remaining portion.
SECTION THREE: Effective Date:
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary State.
ATTEST: BOARD OF COUNTY COMMISSIONERS
JAME~,¢,. G/~ES, CLERK COLLIE~ COUNTY, FLORIDA
· ;.APPROVi~D AS TO TORH AND Thli Ol"dll'~3t'~l fll~d 'with the
COUNTY ATTORNEY
Words uDderlined are additions, Words s~=ue~-~ough are
deletions.
STATE OF FLORIDA ) -
COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and f6r the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordtnanco No. 89-58
which was adopted by the Board of County Commissioners on the
1st day of August, 1989, duri~',:j Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 1st
August, 1989.
Clerk of Courts and Clerk
Ex-officio to Board of .>~" ' ''"
Coun/~Commiss ioners .'?" '