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Ordinance 76-42SECTION TWO, P~G~PHS 2, 7C and SECTION THeE DEFINING AGRICULTU~ USE, ~QUIRING A NOTICE OF CO~NCES~NT OF AGRICULTU~L USE, PROVIDIN~ ST~DA~S FOR T~E APPROVAL BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION TWOt 2.E. Bona Fide Agricultural User Any agricultural use permitted in the Agricultural Zoning District of the appropriate Zoning Ordinance which occupies a minimum of sixty (60%) percent of the land area and for which a "Notice of Commencement" has been filed with and approved by the Director. 7~C. No permit shall be required for the removal of pro- tected trees other than a specimen tree on a parcel of land in an Agriculturally Zoned District and being used for a bona fide agricultural use to include wood pulping and the transplanting of trees for landscaping. Provided, however, that i~--order to qualify for this exception, the owner or his agent shall file a "Notice of Commencement" with the Director and receive approval prio~ to the removal 9f any protected tree. The Director. is authorized to approve a "Notice of Commencement" subJect..to the following conditions having been met by the. petitioner. . (1) Petition a. The petition meets all. the requiremen~of Section 9 of. the Zoning Ordinance 6 30, Special Regulations for (ST) land ~ea%~ A-ST for the planning district applicable?.~ (2) Irrigation a. If a well is to be used for irrigation in conjunction with the bona fide agricultural use ~f the premiSes t the petitione'r must obtain a Well permit. b. If a source other than a well is to be used for !rrigational purp.oses in Conjunction with the bona fide agricultural use of the premises the petitioner must have received the approval ~f th"~ Water Management Ad'visory Board. (3) Agreement a. The property owner or his duly authorized agent shall file an executed agreement with the Director ~hat ~ithin two (2) years from the date on which ~he. "Notice of. Commen6'ement" is approVed b~; th~ Director, he will put the subject ~remises in a bona fide agricultural use as'defined in ~2.2E ~ove and ~ursue such activity; in a manner conducive to the successful harvesting of its n~rmal expected crop products. b. The ~roperty owner o~ his duly authorized agent shall filo ~ written. ackno~ledc, jement witti the Direct. or that he is aware that the,~oard cE Count~ Commissioners'will not re,one.the subject, premJ'se~ described in the "Notice of Commencement" Eot a period of three' (:31 years from the effective date of approval b~' the 'Director cE 'the '"Notice cE Commencement". (4) Inactivity of Use a. The petitioner may elect to leave the subj,'ct premises lie fallow after 'completing the bona fide agricultural use required in ~(a) abo~e for the remaining years of'the ~'~riod reqUired in 3fb) above. Amend Section Two, ParagraPh 5 to read as follows: (5) Fees a. Application for protected tree(s) removal permit filed with the County shall be accompanied by a non-refundable fee of five ($5.00) dollars for the first acre or fraction thereof and five dollars ($5.00) for each additional acre or frac- tion of an acre thereafter up to a maximum fee of one hundred ($100.) dollars. Such fees are hereby declared to be necessary for the purpose of pro- cessing the application and making the necessary inspections for administration and enforcement of this Ordinance. b. A five ($5.00) dollar fee shall accompany a "Notice of Commencement". Amend Section Three to read as follows: SECTION THREE: Penalty: (1) The failure of a property owner or any other persoh to obtain an approved "Notice. of Commencemene" as required in Section Twor Paragraph 7.C.r shall con- stitute a misdemeanor and each acre of 'land from which a tree is removed shall constitute a separate and distinct offense and upon conviction shall be punished by a fine not to exceed $500.00 or by im- prisonment in the County jail not to exceed sixty (60) daysr or by both such fine and imprisonment.- In imposing sentencing the Co6rt mayr in mitigation, consider the successful replacement of trees illegally removed and the degree of restoration of the water retention and drainage characteristics of the. land to its original state. (2) The failure o~ a property owner or any other person to put the subject ~remises into a 5on~--~fde a~ricUltural use as required in Section 7.C.(4), shall constitute a misdemeanor for each acre of land for which the "Notice of Commencement" was approved by the Director and each acre of land shall constitute a separate and distinct offense and upon conViction shall be ~unished b~ a~fine not to exceed $500.00 or by imprisonment in the Count~ ~ail not to exceed Sixty (60) day~, or by both sUch fine and'imprison- ment. In im~osin~ 'sentencin~ the Court ma~ in mitiqationr consider the successfu.1 replacement of tree~ so fraudulently removed.and the de~ree of restora- tion of tile water retention and drainage characteristics ~f the land to its o~'iqinal state. (3) Any person violating any provisiqns gf this Ordinance or the,condi~ions 041 a permit 'issued hereundert, . and. not tspeciflcall. ¥ coVered'in 1 and 2. of this Section, shall constitute a m~sdemeanor and each t~ee re~ov~'ih violation of ~his OrdinAnce shall constitute a separate and distinct offense and upon con~iction sha~l be 'Punished 6¥ a ~ine not to'exceed ~500.00 or"by"imRrisonment in the. C6un'ty ~ail n6t to exceed sixty (60~.daye or by. both' such"fine and '" imprisonment. In'im~o$inq sentencing 'the Court may, in mitig~tio~f ~onsi~&r the successful ~eplacemen.~ of tr'ees illegally removed and the de~ree of restoration of the water retention and drainage characteri~'tics of' the i~nd to its original state. Each a6t of remoVi~ a tree ~ha.~l be a se~'grate ~ffense. In addlt'io'n to or in lieu of the penalties provided by general law for violation of Ordinances; the Board of County comm'issione~s may brihg injunc- tive action to enjoin th'e removal of trees in viola- %ion of this Ordinance. This Ordinance shall take effect upon receipt of notice that it has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 21st day of .September , 1976. ~ATTEST: BOARD OF COUNTY COM/4ISSIONERS M~R~ARET T. SCOTT, Cler~ COLLIER COUNTY, FLORIDA · ,.."% <., ~,~.~.,it David O. Bro~ Cha~r~an- . .,.,. . : . : ." '":' "~' . ~ -: Approved~o. form an~ legal sufficiency. :..,j ..,.',. :.. ' :" ". '.. '... '"".' ."~ .'~.' '~Do~aZd A. P~okwo' ' - ~'"~ " '~'?'~ .... ~"~' .'"' co~La~ county ~tor~ay This ordinance filed with the Secretary:.of State's office the 27th day of September, 1976 and acknowledgment of that filing received this 29th day of September, 1976.