Ordinance 2010-37
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ORDINANCE NO. 10-37
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AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONER-SOF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 200~~32,
AS AMENDED, THE ENVIRONMENTAL ADVISORY COUNCIL
ORDINANCE, BY CREATING A DEVIATION PROCESS PURSUANT to
CCME POLICY 6.1.1 (13), AND BY REPLACING THE REQUIREMENT'
FOR THE REVIEW OF AN ENVIRONMENTAL IMPACT STATEMENT
(EIS) WITH REVIEW OF SPECIFIC ENVIRONMENTAL DATA
PURSUANT TO CCME POLICY 6.1.8 AND LAND DEVELOPMENT
CODE AMENDMENT TO SECTION 10.02.02.A; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
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WHEREAS, Collier County Ordinance No. 2009-32, as amended, sets forth the
establishment, powers and duties of the Environmental Advisory Council; and
WHEREAS, the Board finds that it is now necessary to amend Ordinance No. 2009-32,
as amended, to maintain consistency with the Growth Management Plan Conservation and
Coastal Management Element (CCME) Policies 6.1.1 (13) and 6.1.8.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE, SUBSECTION (2) OF
ORDINANCE NO. 2009-32, AS AMENDED.
Section One, subsection (2) Purpose, as codified in ~2-1192 of the Code of Laws and
Ordinances, is hereby amended to read as follows:
(2) Purpose
The EAC will function to:
A. Advise on the preservation, conservation, protection, management, and beneficial use of
the physical and biological natural resources (atmospheric, terrestrial, aquatic, and hydrologic) of
the County in regard to the safety, health, and general well-being of the public;
Words underlined are added; Words strode throl:lgh are deleted.
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B. Advise and assist the County staff and the BCC toward developing the purpose, intent,
and criteria of all County ordinances, policies, programs, and other initiatives dealing with
natural resources;
C. Provide written and oral reports directly to the BCC regarding recommendations on
matters dealing with the protection of natural resources; and
D. Review and recommend stipulations addressing the preservation, conservation,
protection, management, and beneficial use of the County's physical and biological natural
resources (atmospheric, terrestrial, aquatic, and hydrologic) for petitions and/or plans for selected
development orders, including, but not limited to, rezones, deyelopmen-ts of regional impact,
provisional uses, subdivision master plans, and planned unit deyelopmen-t amendm.en-ts that are
directed to the EAC by County staff, the BCC, or the provisions of the LDC.
SECTION TWO: AMENDMENT TO SECTION ONE, SUBSECTION (3) OF
ORDINANCE NO. 2009-32, AS AMENDED.
Section One, subsection (3) Powers and Duties, as codified in ~2-1193 of the Code of
Laws and Ordinances, is hereby amended to read as follows:
(3) Powers and Duties
The powers and duties of the EAC are as follows:
A. Identify, study, evaluate, and provide technical recommendations to the BCC on
programs necessary for the conservation, management, and protection of air, land, and water
resources and environmental quality in the County;
B. Advise the BCC in establishing goals and objectives for the County's environmental
conservation and management programs;
C. Advise the BCC in developing and revising, as appropriate, local rules, ordinances,
regulations, programs, and other initiatives addressing the use, conservation, and preservation of
the County's natural resources;
D. Advise the BCC in the implementation and development of the GMP regarding
environmental and natural resource issues;
E. Advise the BCC in identifying and recommending solutions to existing and future
environmental issues;
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F. Serve as the technical advisory committee to advise and assist the County in the activities
involved in the development and implementation of the County environmental resources
management program as stated in the Collier County GMP;
G. Implement the water policy pursuant to the LDC;
H. Provide an opportunity for public comment on environmental issues, ordinances, and
programs;
I. Implement the provisions of the Conservation and Coastal Management Element of the
Collier County GMP during the review process for development petitions and/or plans;
J. Participate in the revie'N and recommendation process for excavations o';er 500,000 cubic
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,LKo. Assist in the implementation of any new programs, ordinances, and/or policies adopted
by the BCC which deal with the conservation, management, and protection of air, land, water,
and natural resources and environmental quality in the County;
K b. Provide an appellate forum and process to hear disputes between County staff and
applicants concerning land development projects and recommend proposed stipulations for
project approval or grounds for project denial for BCC consideration;
M. Functiofl as an environmental impact statement (EIS) re'/ie'N board p1:lrsl:lant to Chapter
10 of the LDC; and
LN. All preliminary subdivision plat and/or site development plan submissions for
development or site alteration on a shoreline and/or undeveloped coastal barriers or in the Area
of Critical State Concern/Special Treatment (ACSC/ST) zoning overlay shall be reviewed and a
recommendation shall be made for approval, approval with conditions or denial by the EAC. If
the applicant chooses not to utilize the optional preliminary subdivision plat process, the review
and approval will occur at the time of either the final plat and construction plans or the final plat.
M Q. Scope of land development project reviews. The EAC shall review the following: aU
land de'lelopment petitions which require the following: an environmental impact statement
(EIS) per section 10.02.02 of the LDC; all developments of regional impact (DRI); lands with
special treatment (ST) or area of critical state concern/speeial treatment V..CSC/ST) zoning
overlays; or any petition f-or '.'lhieh environmental issues cannot be resohed between the
applicant and staff and which is requested by either party to be heard by the K\C. The EAC
shall also re'/iev. any petition which requires approval of the Collier County PlanBing
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Commission (CCPC) or the board of eounty eommissioners (BCC) ,,,,,here staffreeeiyes a reElliest
from the eha-irmafl of the EAC, CCPC or the BCC for that petition to be reyiewed by the K\C.
I. Any PUD that requests a deviation from environmental standards of the LDC or
any development order that requests a deviation from the provisions identified in
GMP CCME Policy 6.1.1 (13).
2. Any petition for which environmental issues cannot be resolved between the
applicant and staff, and which is requested by either party to be heard by the
EAC.
3. Any petition which requIres a hearing by the Collier County Planning
Commission (CCPC) or the Board of County Commissioners (BCC), and by vote
of CCPC or BCC requires the petition to be reviewed by the EAC.
4. Conditional Use (CU) petitions for commercial excavations which are not part of
an approved subdivision.
5. Any CU or rezone for the following:
a. Undeveloped Coastal Barriers;
b. Area of Critical State Concern/Special Treatment (ACSC/ST) zonmg
overlay, unless an exception or exemption pursuant to section 4.02.14
LDC is granted;
c. RFMU District Sending: Lands;
d. Coastal High Hazard Area where shoreline alteration or direct impacts to
mangroves (excluding mangrove trimming) is proposed;
e. Development with impacts to 500 or more acres of native vegetation
(excluding impacts for environmental restoration).
6. Any CU or rezone where the following listed or protected species have been
identified on site within the last 5 years:
a. Active bald eagle nests or their nest protection zones;
b. Scrub jay;
c. Nesting crested caracara;
d. Red-cockaded woodpecker (RCW) or active RCW cavity trees;
e. Listed wading bird rookeries.
Words underlined are added; Words struck thr01:1gh are deleted.
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f. Burrowing owls
I. ,\fry petitioner may request a waiver to the K\C hearing requirement, v.hen the
following considerations are met: I) no proteeted species or '.vetland impaets are
identified on the site; 2) an EIS \vaiver has been administratively granted; 3) ST
zoning is present and an administrative approval has been granted; er 1) an EIS
was previously eompleted and revie\ved by staff and heard by a predeeessor
environmental board, and that EIS is less than 5 years old (or if older than 5 years,
has been updated '.vithin 6 months of submittal) and the master plan for the site
does not show greater impaets to the previously designated preservation areas.
N. Any petitioner may request a waiver of the EAC hearing requirement for amendments to
CD or rezones, where no further impacts or changes in location to previously approved preserves
or areas of retained native vegetation are proposed, and no additional species in accordance with
M.6 (above) are identified on site.
o ~. The surface water management aspects of any petition, that is or will be reviewed and
permitted by South Florida Water Management District (SFWMD), are exempt from review by
the EAC except to evaluate the criteria for allowing treated stofffi',vater to be diseharged in
Preserves as allowed in seetion 3.05.07 of the LDC.
SECTION THREE: 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.
SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
Words underlined are added; Words struck thnll:lgh are deleted.
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relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this J~ay of ~-lI rfIh.tr ,2010.
ATTEST:
DWIGHT E.~.BRO~K, CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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By: '-:A_I1- w ~
FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
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Steven T. Williams 1..,), b
Assistant County Attorney ~,\,
04.0213/7
Thfs ordincnce filed with the
Secretory of 8dte'S Of~ the
~ day of obo-; &0
and acknowledgement of thot
fil~ received..this ~ day
of_ ~~~
0lIputy e
Words underlined are added; Words struek through are deleted.
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2010-37
Which was adopted by the Board of County Commissioners
on the 28th day of September, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 1st
day of October, 2010.
DWIGHT E. BROCK .""'
Clerk of Courts afldwe~erk
Ex - 0 f f i c i 0 ..B?~/t3~.~ ~ ~ fr,'l{,
County Comffi'!Ys "J,oiJ.t?,rr;P.". ',")
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