Ordinance 2013-51M
FILED #43 ORDINANCE NO. 2013 - 51
71-INTY, FLORIDA
N ANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
ZOl3 JUL 23 A�L f
R COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-329
CLERK OF C&1AMENDED, THE COLLIER COUNTY ENVIRONMENTAL
SORY COUNCIL ORDINANCE, BY AMENDING SECTION ONE
(MEMBERSHIP) TO DESIGNATE THE COLLIER COUNTY PLANNING
9y__ E$ANISSION AS THE ENVIRONMENTAL ADVISORY COUNCIL;
AND DELETING PROVISIONS RELATING TO QUORUM AND
VOTING, RULES OF PROCEDURE, COMPENSATION, MEETINGS,
AND EVALUATION OF THE EAC; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on May 26, 2009, the Board of County Commissioners (Board) adopted
Ordinance No. 2009 -32, which relocated and readopted the Environmental Advisory Council
Ordinance in its entirety as a stand -alone ordinance in the Collier County Code of Laws and
Ordinances; and
WHEREAS, the Board subsequently amended Ordinance No. 2009 -32, through its
adoption of Ordinance No. 2009 -36 and Ordinance No. 2010 -37; and r`
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WHEREAS, the Board wishes to further amend Ordinance No. 2009 -32, as- �inendiRl, in
order to preserve the functionality of the Environmental Advisory Council but &signal the—
Collier County Planning Commission to sit as the Environmental Advisory Council'
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD 0 ,£O11TV'
T
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 2009 -32,
AS AMENDED.
Section One is hereby amended as follows:
(1) Establishment.
There is hereby established an Environmental Advisory Council ( "EAC "). The EAC
obtains its jurisdiction, powers, and limits of authority from the BCC and shall act in an advisory
capacity to the BCC in matters dealing with the regulation, control, management, use, or
exploitation of any or all natural resources of or within the County, and the review and
evaluation of specific zoning and development petitions and their impact on those resources.
Words Underlined are added; Words StFuslE— Thfough are deleted.
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(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;
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 that are directed to the EAC by County staff, the BCC, or the provisions of
the LDC.
(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;
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;
1. 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. 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;
Words Underlined are added; Words Struck Thfeugh are deleted.
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K. 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;
L. All preliminary subdivision plat and/or site development plan submissions for
development or site alteration on 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. Scope of land development project reviews. The EAC shall review the following:
1. 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) zoning
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;
f. Burrowing owls
N. Any petitioner may request a waiver of the EAC hearing requirement for amendments to
CU 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
subsection (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.
Words Underlined are added; Words StF+sle Thfough are deleted.
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(4) Membership.
The Board of County Commissioners hereby designates the Collier County Planning
Commission as its local planning agency to sit as its Environmental Advisory Council.
Words Underlined are added; Words Stmek Through are deleted.
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member-s shall be ne o er-d � take ffl 1 do di of whether- Z
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(10) Appeal.
A. Any person aggrieved by the decision of the County Manager or his designee
regarding any petition for which environmental issues cannot be resolved between the
applicant and staff in which there is no other avenue of appeal may file a written request
for appeal, not later than 10 days after said decision, with the EAC. The EAC will notify
the aggrieved person and the County Manager or his designee of the date, time and place
that such appeal shall be heard; such notification will be given 21 days prior to the
hearing unless all parties waive this requirement. The appeal will be heard by the EAC
within 60 days of the submission of the appeal. No less than 10 days prior to the hearing
the aggrieved person and staff shall submit to the EAC and to the County Manager or his
Words Underlined are added; Words Stitlek ThFetlg# are deleted.
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designee copies of the data and information they intend to use in the appeal, and will also
simultaneously exchange such data and information with each other. Upon conclusion of
the hearing the EAC will submit to the Board of County Commissioners its facts,
findings and recommendations. The Board of County Commissioners, in regular session,
will make the final decision to affirm, overrule or modify the decision of the County
Manager or his designee in light of the recommendations of the EAC.
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 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 THREE: 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
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective October 1, 2013.
PASSED AND DULY ADOPTED by a vote of a majority plus one of the Board of County
Commissioners of Collier County, Florida, this91N�Dday of 2013.
ATTE91� . BOA O C Y COMMISSIONERS
DWIGkI5' F,: BAOC- k,C'l &k- COLL R, , FLORIDA
Jeffrey 'l
County
GE03GIA -A. HILLER, ESQ.
CHAIRWOMAN
I No form and legality:
This ordinance filed with the
ry of t ': O ite the
Uay of
and acknowledge aff ftt
fill r eived jai: day
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Words Underlined are added; WordsSIFetck ThFOUO 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 2013 -51
which was adopted by the Board of County Commissioners
on the 9th day of July, 2013, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 15th
day of July, 2013.
DWIGHT E. BROCK
Clerk of Courts ;mod• Clez�;,
Ex- officio to -- B,6ai74 ±'-&
County Commissioners
By: Martha Verg r
Deputy Cler