Ordinance 74-36ORDINANCE.NO. 74 36
AN ORDINANCE REQUIRING.AN ENvIROMENTAL'
I~.~PACT STATE:.IE~T (E.I.~.) TO BE FILED
PRIOR. 'fO TIlE GRANTI!';G OF A "PROVISIONAL '
USE" OR THE REZONING OF. TEN (10) OR MORE
~~' ~ ' ", ACRE~ OF LAND, PRIOR TO THE AFPROVAL OF A
~_[~_~1~,,~,, P~TfED OR UNPLATTED SUBDIVISION OF TEN
SqRUCTION RELATED TO THE MOBILE HOME '
LAND, FORTY (40) ~IVING OR SLEEPING UNITS,
OR 16,000 SQUARE }EET OF CONSTRUCTION,
'~ WIIICIIEVER IS TIIE LESSER; PROVIDING E.I.S.
DATA, DRAWINGS, G~PHICS AND REVIEW. ELEMENTS,
PROVIDIICG FOR APPEALS; PROVIDING SEVE~BILITY,
CONFLICT AND LIBEI~L INTERPRETATION CLAUSES AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, there is great public need for the'conservation
natural resources including healthful, safe, productive, aesthetically
and culturally pleasing surroundings and conditions; natural scenic,
recreational., d'ra.[nagu,'' ,air, water supply and other resources Had
!~y~;tems: eco].ogy of tho area add community, and
WHEREAS, it is necessary tn the .greater interest of private
lando~.~:ers and the public to conserve and enhance the qualities
of life pt-ovided by these resources in order.to maintain and
encourage the continued increase in genera], land val.ues reflected
b7 healthful and safe surroundings that please.the residents
arid vis~tors to the area, and
~'IllEREAS, the general public interest shall be further served
b5, developments designed and executed to Optimize the use of
natural re.';out'ccs and to create and maintain conditions for this '
and future generations to exist in productive harmony with nature.
ko fulfill present and future economic and other needs and.
minimize present and future expenditure of public funaH, and
WIIEREAS,. it is necessary to utilize a systematic, inter-
disciplinary approach, to insure the'integrated use of the
physical, nature and social sciences and arts in the planning ..
decision process to minimize negative impacts upon, and maximize
the benefits and resources of the area.
NOW, TIIEREFORE BE ORDAINED BY THE BOARD O'F COUNTY COt. H.IISSIONERS OF
COLLIER COUNTY, FLORIDA:
SECTION ONE:
Purposes and O..b}ectives:
A.
An Environmental Impact Statement is;
To Provide a method to evaluate the impact of a proposed
development or project upon the' resources and envi'ronmental
quality of the project area and fhe community and to
insure that planning and zoning decisions are made with
a complete understanding of the impact of such decisions
upon the environment.
To encourage project-.".: and developments that will.'
(1) protect,co~servo and enhance, but not degrade, the
.environmental quality and resources of the particular
project or development site, tho general area and
the greater community, an~
ne
(2) minimize the future reduction in property values
likely to ~esult, or be caused by improperly
designed and executed projects and developments,
and
(3) reduce the expenditure of publ'ic funds in the
future for rohab$1itating the environmental..
quality of areas of environmental sensitivity.
C. To attain the widest range of beneficial 'uses of aa'rural
resources without degradation of environmental advantages
and risk to the public health, safety, welfare and
convenience and other undesirable consequences, and
D. · To optimize a balance of population and resource use
to permit.high standards of living, a wide sharing of '
resources and amenities among all citizens and residents
of and v~:sitors to Collier County during the present and
future.generations. ~ ..
Definitions:
ao
Environmental quality: The character or degree of excellence
in th'~' essential resources and nature of an area or community
as ~etermined by acceptable scientific measures of physical,
chemical and biological conditions.
B. Area of Environmental Sensitivity: An area where environmental
quality may be highly susceptible to degradation and where
alteration may cause predictable losses to public resources.
C. Acceptable Environmental Alteration: Any proposed alteration
or development ihat safeguards the environmental quality of
the subject area or adjoining or interrelated regions.
SECTION TWO:
1. ' Environmental Impact Statement (E.I.S.) Required: Withal/ut
first submitting nn E.I.S. as roqui'red by this ~inanee it
shall be unlawful; and no building permit, zoning change,
subdivision or condominium plat or unplnttcd subdivision
approval or other county permit or approval of or for
development shall issue; to cause any development of
A. Ten (10) or more acres of land for mobile home,
residential, commercial or industrial uso, or
B. Forty i(40) living or sleeping units, or
C. Sixteen thousand (16,000) square feet of improvements
or construction whichever is the lesser,
Any other development which in the opinion of the
Planning Director would have a substantial impact upon
enviro:~ental quality. · . ..
SECTION THREE:' "
Submission and Review of E.I.S.: A completed E.I.S. shall
be submitted to the Collier County Planning Department-for
Staff review. The E.I.S. and the Staff review document shall
then be submitted to the Environmental Advisory Council for
review and 'reco..~mendation. The E.I,S., Staff review, and
Environmental Advisory Council recomm%endatioh shall then be
furnished to the Water Managemen~ ~dvisory Board, the ..
appl'opriate Planning Commission, and tho Board of Cohnty
Commissioners for their i.nform, at.ion.
SECTION FOUR: '
~rawings, Graphlcs and Data Required: .
A. Name(s) and address(es) 6f the applicant developer and
owner(s);
B. Applicant's property interest in the proposed site and
legal description of property;
Name(s) and address(es) 'and professional qualifications
:of the proposed design team members including the
designation of the coordinator or other person responsible
for the preparation of the E.I.S.
De
Project description and purpose describing .the project
its nature, location and general type and approximate
~umber o~ residential and non-residential uses and
structures.
Six (6) copies and one (1) reproducible transparency
of a schematic, to scale, of the proposed development
sho~{iDg:
General Site location with approximate existing
and proposed topographic contours, major exist].ng
physical and natural features such as water
courses, rock putcropping, marsh~s, woooded areas,
etc., and major proposed changes and proposed
major changes such as deforestation, new lakes,
terracing and excavating.
(2) Location and type of existing and proposed drainage,
water and sewage facilities.'
(3)
Location and names of existing and proposed public
and private streets, parks, driveways, sidewalks,
pedestrian ways, trails, off-street parkin~ and
loading areas and railroad and other public right-
of-way within and adjacent to the proposed develop-
ment.
.~) (4) General location, use and approximate dimensions of
proposed structures.
(5) Other information as r~quired to iljustrate th~
esgential nature of the proposed project.
An'aerial ~ho~ograph displaying the project site in
relation to surrounding areas.
A tabulation' of the approximate land area to be devoted
to various uses, and/or a calculation of the proposed
residential density per gross acre·
FOR EXAMPLE:
EXAMP~,E DEVELOP~,I~T SCHEDULE*
STAGE I II III IV
START TIME Jan. '74 Mar. '75 Jan.. '77 Mar. '78
FINISI! TIME Mar. '75 Dec. '76' Feb. '78 Feb. '79
TOTAL
Pk0JECTS
Dedicated rdads 11.21 8.63
Golf course and
club house 55.32 49.84
Single-family
houses 14.72 27~321
Multi-family unfts
C-1 Commercial .
Landscaping. & open.
space . ' 7.32 21.19
Internal bodits oF
wa~er 15 32 23 05
· Drivew.~ys, patios
off-street parkin~ 2.32 4.18
TOTALS 106.21
* All figures in acres·
STAGE
7.41 13..92 41.17
105.16
"42;18 16.14 100.36
5.39 * 5.42 10.81
20~43 20.13
30.26 " 17.3i 76.08
38.37
5.31 5.72 17'.53
134.21 90.55 78.94. 409.91
1!.
Estimated ~eeds f6r water, sewer, solid waste disposal,
fire, recreation and school services and projected
traffic generation shall be shown by annual or stag6
deve].opment similar to the above. Exact format depends
on situations and conditions applicable to the project.
Jan. '74 April '75 .
PROJECTED CONSTRUCTION BY CATEGORY'
Single-Family Units
Multi-family Units
Completed Units/Stage
Accumulated Units/Stage
Proj'ect Population
Services
Potable Water
Sewage (in 1000 gal./day)
Solid Waste (in tons/day)
No. School Children
Traffic Generation (in 1000 trips/day)
Please give estimates of each
category for each state'of de-
velopment according to you~
proposed development schedule.
SECTION FIVE:
REQUI frED ENVIRONMENTAL IMPACT. INFOR~J%TION:
(1) Soil Review Element: The soil review element shali include
a short descriptive summary of the soil types found i~
the project area. Such report may be based on the ·
"Unified Soil Classificat~on System" as adopted bY the U.S.
Gover~nent Corp of Engineers and Bureau of Reclamation,
~anuary 1952, or similar recognized O.S. Department of
Agriculture, Sell Conserver,.on Services System Cla~i-
fication. (From the Administrative Code of the State of
Florida)· ' -
, I~ ;~ ,'
2. Natural Ilazardn.' This clement consi.~ts of a resume of
such natural hazards as periodic flooding, poor soil
bearing conditions and hazards peculiar to the site.
Substrata Review Element: The substrata review element
'shall' include a descriptive sunu,ary of the various
geologic bedrock formations underlying the project site.
This should be accompanied with a Hydrogeologic Column for
Collier County showing all si~nificant rock strata as well
'as any known aquifers, their, approximate depths and if
being tapped for use, the principal uses to be made of
these waters, .i.e., irrigation, .domestic water supply,
industrial, etc.
4. Surface and Groundwater Review Element: The surface and
groundwater review element shall include an identification
of all natural and man-made water features in the project
site, and shall include their water quality classification
as prescribed in Chapter 17-13, Pollution. of Waters,
Department' of Air and ~'.~ater Pollution Control State of
Florida. .This review shall also include an identification
o~ all known confined and unconfined groundwater aquifers
and their approximate water level or water table and may
be correlated with item (3) Substrata Review Element.
Conservation of the natural sources and resources of
fresh.w~ter in Collier County is absolutely essential
and-must be a prime consideration of developers.
5. %';ater Management Review Element': This element should
clearly indicate how the storm drainage resulting from
the proposed development will be handled.
The following aspects must be taken into account' in the
preparation of this element:
.3.
A. Information on the location of the project area within
its natural drainage basin or basins;
B. Any proposed change in land from which will result in
modificat~.ons of natural drainage characteristics;
C. The' location and size, shape, and typical cross section
of any. planned lakes or other man-made or natural storm
water retention areas and thelr interconnection and means
for discharge;
'D. The expected impact of the water management plan on
ground water recharge and normal ~round water surface
· levels; '
E. The expectea impact ~f the 'water management plan on
upstream and downstream surface flows; .
The relationship of the water management plan to County
Water Management District plans and policies.
G. Information should include discussion of means to be
employed to minimize surface pollutant flows into natural
and man-made water bodies; siltation; accelerated
eutrophication; bottom or bank erosion; excessive aquatic
plant growth; and intrusion of salt water into fresh
ground water areas. ., .~.~
6. ~ros~on Review Element: It shall be tho responsibility
of the developer to ~'~vise plans, programs and schemes
whidh.wil], as much as possible eliminate erosion during
construction of a,~y development in Collier County and in
. their final form after completign of construction.
Surface drninage designs and structures shall be erosion
resistant through control or the direction, volume and
velocities of surface waters. 1'~erevor possible, swales
and ditch¢:s which promote natural growths such os grasses
shall be included in the design in order that drainage
waters may be impeded in their flow and percolation
encouraged. These designs should include trash
collection devices when handling street and parking
drainage to trap solid waste an.d trash.
Water course designs should.similarl'y control volumes
and velocitie~ to prevent bottom and bank erosion. In
Particular, changes of direction should be such as to
guard against undercutting of banks.
Where vegetation has been removed or has not been able
to occur on surface areas such as in fill zones and
developer shall indicate provisions to stabilize and
control said surfacd areas so as to prevent wind erosion
and the blowing of surface material through tho planting
of grasse's, wind breaks, etc. should be discussed.
Solid Waste Dispos.al Revi. ew E].epent: This element shall
consist of infOrmation as to the 'n-~ture and volume of
solid waste which will be generated by the proposed
project upon completion of development, and tho means .
wher. eby' the solid waste is to bo collected and disposed
of. If waste disposal is to occur other than by a public
or publicly franchised service organization, infor:.'lation
shall be provided on the specific techniques, capacity,
location, and operating characteristics of the disposal
system to be employed.
Potable Water Sup_p_ly and Sanitary Waste D~sposal Review
].:lemel~t: This element shall collsist of information on
-ti{e means whereby, tile proposed project will be served
with water and sewer services. In the event that either
water or sewer is to b(~ provided other than via a public
or publicly franchised service organization, specific
information shall be provided re the proposed water
supply source and treatment technique, and the. ,treatment
process and effluent disposal method.
9. Streams and Water Bodies Review Element:
In development, the natural course of streams and
water bodies should not be altered;
No effluent failing to ~eet current Federal-State
water discharge standards may be introduced into
streams and water bodies;
No discharge into streams or water bodies from
sanitary landfills should be permitted;
Design of water bodies, particularly lakes, should
include:
(1) Border areas of natural ~egetation to trap and
consume fertilizer, pesticide,, herbicide and fun-
gicide run-off and should parallel the natural
contours;
(2) Lake design should ~onsider conformation, size,
depth, bank slopes and water supplies to promote
best lak~ management and maintenance.
(3) creation of flowing bodies of water or altec'arian
thereof shall be such a~ to prevent:
(a) slltatib~!
(b) accelerated eutrophication ~
(c) bottom or ban]: erosion;
(d) excessive weed and aquatic plant growth;
(e) salt water intrusion·
10. Flora-Fauna Review Element: The flora-fauna review
element sllall inc-~de the .listing of all major identifiable
terrestrial and aquatic plant and animal species inhabiting
the project site along with a descriptiVe.summary of each
species'.dependence and rolo'in the identifiable
communities of the project site. Such summary shall
include any communi'ties .which. are of a temporary
duration such as migratory bird populations which inhabit
the project site as seasonal f6eding grounds. Endangered
· species or habitat types in the project site should ba
clgarly identified an'd located. ' '
In the preparation of this element consideration sho%~ld be
made to the following items 'regarding the preservation
and conservation of trees and natural vegetation·
A. Conservation along waterways and drainage sloughs to
maintain natural banks and define drainage areas to
91iminate erosion and degradation of water quality.
Conservation to prevent wind and water erosion in
all areas.
,,
Preserve unique and endangered species as well as
historical sites and geological features.
Conserve or de~elop grcenbelts for the purpose o~
screening residential and institutional areas from
heavil~ t~ave~ed ~oads and other land use areas.
Encourage developers to retain natural vegetation
and trees on ihdividual parcels keeping for eventual
owners the option of selective clearing.
Give considdration to active and passive natural
recreation areas.
Ge
Conserve for golf course grounds to provide water
retention areas to reduce requirements for irrigation.'
Cons·iv· for natural areas in cjuster housing
developments.
Pl~serve fragile'coastal barrio'rs;beach dunes and
vegetation. "
Preserve ·stearin· systems.
The most useful general classification of plant and animal
communities is one based on 9egetation zones (or-plant
communit~s) and their assorted wildlife.. These .
associations and their subdivisions are frequentl~ re-
ferred to as biotic communities. '
A good suggested reference for completing this section
is, "Everglades Wildguide, National Park Service, .U..S.
Departed'·hr of' Interior, 1972, which may be obtained
from the U.S. Printing Office, ~.;ashington, D.C., and
"Frank C Craighead, Sr.,
?The Trees of South Florida{_ .
~iversity of'~4iami Press, Coral Gables, Gl,. 1971.
The following format $~ sugges~ed,.however, tho E.I.~.
COMMUNITY
professional coordinator may use any style or forbear
which best represents the conditions of the particu-
lar project site.
GENERAL CHARACTERISTIC CHARACTERISTIC
LOCAT I ON PLANTS WI LDLI F F,
(List each major
typical co~u~uni ty
· found within site
boundaries such
as urban, rural,
mangrove, wet
prairie (saline),
pineland (high,
dry prairie, etc.)'
(Give general lo-
cation where each
community is
found within site
boundaries)
(.List each
major plant
species
found within
communi ty
limits or site
boundary by
common name
and latin
name such as
red mangrove
(Rhizophora
mangle) ,
cord grass
. (Spartina sp,
etc. )
animal, insect/
aquatic, and
bird specie
found within the
community limits
or site
boundnry by
common and' latin
name such as
alligator (alli-
gator mississi-
pienses), green
tree frog (Hyla-
.cin. ereq, et~. ) --
K. ' Rec°~m~undations for the preservation and conservation
of trees and vegetation:
(1)
Supplementary planting to all the above
conservation areas.
(2) Transplant large specimen trees whe~ feasible.
(3) Utilize native plant materials or pldnt
adaptable.
(4) Discourage planting or obnoxious trees and
vegetation in sensitive regions.
(5) Weed control resulting in destructiv~.impact.
The following conditions shall be considered in
the treatment of' the fauna portion of this review
element:
(1) Information on any animal, other than normal
household pets, proposed to be established
within tho project'area. The information shall
describe the kind and number of animals, the
purpose of their existence within the project,
and the maintenance and management activities
proposed for their use and care.
(2) In subdivision development, planning should
provide for natural habitat and cover for
native fauna, particularly bird species, and
careful attention should'be given to avoid
creation of habitats for objectionable species.
(3) In creation of lakes, stocking should be done
in accord with Federal and State regulations
with particular attention to avoiding intrO-
duction of exotic and undesirable and danger-
ous spedies.
11. Weather Review Element:
Each E.I.S. shall in61ude'a brief review of the following
minimum weather data available in the Planning Department
office.
Month'by month breakdown of precipitation and
temperature including maxim~ monthly temperatures,
minimum monthly tempergtures and mean monthly
temperatures~
This may be based on the U'.S. W~ather Bureau record,
or any other authoritative weather reporting service
and should be based on the averages of the longest
recorded reporting period, for which such can be
obtained.
(2) A history of extreme weather conditions such as
freezes, periods of exceptionally high rainfall,
prolonged droughts, frequency of hurricanes,
freak tornados, etc.
~2. Archco!o~ical and Historical Resources Review Element:
T]{e archeological and historical resources review element
sha~l, include the identification of all Indian midden
mounds and burial grounds found on the project site.
'It shall also include an identification of historic
buildings, cemeteries, town sites, battles, etc.
' In the planning for a development program in Collier
County, it shall be the responsibility of the developer
in making his site inventory and analysis, to be.alert
for indicators of unique geological formations and/or
natural or artificial historical sites including, but
not limited to, aboriginal ceremonial or burial mounds.
Should a developer, person, or agency have cause to
believe such a feature is located on his property, he
shall avoid disturbing same and notify the C~llier
County Historical Com~ission, with copies to this
Council, the County ~anager, and the Chairman of the
Board'of County Co~nissioners.
Excepting ~.nstance involving historical features of
such significance as to call for action by local,
state, or federal agencies for excavation, study,
· removal, or preservation, the plans of all Collier
.County developers should be built'around recognition of
and appropriate preservation of geographical,
topographical and historical features.
SECTION SIX:
Environ%mental Impact Analysis Element: This element shall
consist of' an overview assessment of the immediate and
long term impact which the proposed project will have
on the natural environment within which it is to be
established.
SECTION SEVEN:
The County may require an additional data 6r infor~ation
determined necessary in order to make a thorough and
exact evaluation of the E.T.M.
.... . - £
,/
SECTION EIGHT:
Relation Between E.I.S. and D.R.I.
In any instance where the proposed project requires'both
an E.I.S. and a D.R.I. their data may be embodied in one
report provided such report includes all the required
tmformation of both the E.I.S. and D.R.I.
SECTION NINE:
Exemptions:
1. Agricultural uses in con~unction with the DreD,ration
and/or use of the premises provided that such premises
may not be converted to a non-agricultural use nor may
such lands be considered for any type of rezoning
petition for a period of three (3) years after the
agricultural uses commence, or unless waived by the
Board of County Commissioners.
Such agricultural use shall be conducted in a manner
which meets all state and local regulations including
the use of herbicides, pesticides, and fertilizer
application and shall not violate Section Seven of
this Ordinance.
Single family or duplex use on any s~gle lot or parcel,
p~ovided the alteration or development for such use
does not violate Section Seven of this Ordinance.
3. Any area or parcel of land which is not in the opinion of
the Director, an area of environmental sensitivity. Prior
to making such finding, the Director shall inspect the site
and determine, after consultation with the W~5\B and the FAC
that:
A. The subject property has already been altered
through past usage prior to the adoption, of this
ordinance, in such a manner that the proposed
use will not further degrade the environmental
quality of the site or the surrounding areas
which might be affected by th.c proposed use.
B. The major flora and fauna regime has been altered
or removed to such an extent as to preclude its
reasonable regeneration or useful ecological
purpose. An example would be in the case of an
industrial park or a commerical development where
most of the flora and fauna was removed prior to
the passage of this Ordinance.
C. The surface and/or natural drainage or rechange
capacity of the project site has been paved or
channelized, or otherwise altered or improved
prior to the adoption 'of this Ordinance, and will
not be further degraded as a result of the proposed
· use or development.
D. Tho use and/or ~evelopment of the subject property
will definitely improve and correct ecologic~rk
deficiencies which resulted from use and/or
development which took place prior to the passage
of this Ordinance. An example would be wher~ tho
developer proposes to reforest the area, provide
additional open space, replace natural drainage
for chaunelized drainage and reduce density.
The use or development Will u~ilize existing
buildings and s~rucLures and will not require any
major alteration or modification of the existing
land forms, drainage, or flora and fauna elements
of the propcrty.
All l~nds lying within all incorporated muni-
cipalities in Collier Coun. ty.
SECTION TEN:
Appeals:
1.
Appeal from the Decision of the Planning Director.
Any person aggrieved by the decision df the Planning
Director regarding Section .Nine , Paragraph (3),
may file a written ~etition, not later than five (5)
days afte~ said agreement, with the Environmental
Advisory'Council.
The Environmental Advisory Council, after review and
subject to t],e conditions prescribed in Section
Nine , Paragr~h (3), may uphold, rescind, or otherwise
amend the decision of the Planning Director.
2. Appeal from Decision of the Environmental Advisory
Council.
Any person aggrieved by this Ordinance or any decision
of the EnvJronmental Advisory Council in the applJ, cation
of this Ordi))ance other than the Board of County
Commissioners, may file a written request to tho Board
of Coul%ty Commissioners not later than thirty. (30)
days from the date whereon thc disputed decision
shall have become fine3., which shall, at a public
hearing, hear the complaints of such aggrieved person.
Said public he~rJng shall be held within thirty (30)
days of the date of filing of the hearing request.
After a full and complete hearing of the compl~int~
of such aggrieved person, the Board of County
Commissioners shall, within fifteen (15) days of
said hearing, render its decision in writing affirm-
ing, overruling, or ~odifyi~g the decision of the
Environmental Advisory Council.
SECTION ELEVEN: .
Conflict, Severance and Constru~tion.
In the event this Ordinance conflicts with 6thor applicable.
law, the more restrictive shall apply. If any part of t~is
Ordinance conflicts with any part, it shall be severed and
the remainder shall have full force and effect and be
liberallv construed.
If any section, subsection, sentence~.clause, phrase or
portion of this Ordinance is, for any reason held invalid
or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and lade-
.pendent provision and such holding shall not affect the
validity of the remaining portion thereof.
The provisions of this Ordinance shall be deemed an
exercise of the polic0 power of Collier County for the
protection, of the public health, safety and welfare and
therefore shall be libcYally construed to accomplish that
purpose and implement the leGfslatiCe intent and declaration.
SECTIO~.I TWELVE:
Effective Date: .
This Ordinance shall become effective upon receipt bf
notice that it is filed with the Secr.~.tary of State.
ATTEST: Mar. garet T: Scott, Cl~rk
· 'J Deputy Clerk"
:, .~.' ". '
· ,.~ ~:~...'.~,. ~..
'~,~' '~, f.. ,%'
. BOARD OF COUNTY CO~MISSIUNERS.
OF COLLIER COUNTY, FLORIDA
Cligfo~rd Wenzel, ~airma~
Appr. oved as to form and 'legality:
--DaVid Emerson Btu'net County Attorney