Agenda 09/24/2013 Item #16D 1 9/24/2013 16.D.1.
EXECUTIVE SUMMARY
Recommendation to approve a standard Donation Agreement that allows Lynx Zuckerman at
Naples, LLC to donate two adjacent parcels totaling five acres along with a management
endowment of $16,683 to the Conservation Collier Land Acquisition Program under the offsite
vegetation retention provision of the Land Development Code LDC Sec 3.05.07H.1.f.iii.b), at no cost
to the County, and authorize the Chairman to sign the Donation Agreement and staff to take all
necessary actions to close.
OBJECTIVE: Acceptance of a donation of five (5) acres for the Conservation Collier Program, with
prohibited exotic vegetation having been removed, and including a management endowment of$16,683.
CONSIDERATIONS: A 2010 Land Development Code amendment(Section 3.05.07 H.1.f.i. (f)and (g))
provides the option to developers to accomplish their required native vegetation retention offsite by
donating lands and management endowment funds to the Conservation Collier Program.
Lynx Zuckerman at Naples LLC, the first applicant under this provision, is under contract to purchase
property for development and is planning to convey two adjoining parcels totaling five (5) acres located
500 feet west of the Conservation Collier Panther Walk Preserve within the Horsepen Strand in North
Golden Gate Estates, along with a management endowment, to the Conservation Collier Program as
offsite preservation for 4.15 acres on the Tuscany Pointe development under the above referenced LDC
provision. Naples LLC has informed us that their closing is pending the County's approval of the
acceptance of this offsite donation. These parcels will be cleared of exotic vegetation by Naples LLC
prior to donation. Acceptance of these parcels by Conservation Collier will serve to further the protection
of environmentally sensitive lands within the Horsepen Strand. The Horsepen Strand is a recognized
cypress swamp flowway located in the North Golden Gate Estates which has been targeted for future
watershed improvement projects (North Golden Gate Estates Flowway Project, TDR Program, Mitigation
Program) in the County's Watershed Management Plan (see attached Location Map).
At their April 8, 2013, meeting, the CCLAAC reviewed the property under Initial Screening Criteria set
forth in the Conservation Collier Implementation Ordinance Resolution No. 2010-13 (Board's Policy for
Acceptance of Land Monetary Payment or Land Donation). The CCLAAC voted unanimously to
recommend Board approval and execution of a Donation Agreement.
Upon approval, the attached standard form Donation Agreement and a Warranty Deed will be prepared
for the County Attorney's Office review and approval for execution by the Chair and recordation. .
FISCAL IMPACT: There is no fiscal impact to the County associated with acceptance of this property.
The Collier County Property Appraiser values these two parcels at $4,500 per acre or a total of$22,500.
The $16,683 management endowment required by the LDC (25% of the cost to Conservation Collier of
similar lands) is expected to cover maintenance costs for 11 years. Because of its environmental
condition, its location 500 feet west of the existing Panther Walk Preserve, and the proposed management
endowment, this five-acre donation is not anticipated to increase the Panther Walk Preserve perpetual
operations and maintenance costs in the near future. After endowment funds are depleted, the cost to
manage the property will be approximately $1,500 per year and will be incorporated into the
Conservation Collier Management Fund (174)budget.
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9/24/2013 16.D.1.
GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent with
and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier County
Growth Management Plan.
LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires
majority vote for approval. -JAB
RECOMMENDATION: Staff is recommending that the Board:
1)Approves and accepts a standard form Donation Agreement and Warranty Deed from Lynx Zuckerman
at Naples,LLC.
2) Authorizes the Chairman to execute the Donation Agreement with Lynx Zuckerman at Naples, LLC
and any and all other County Attorney's Office approved documents related to this transaction once they
have been approved by the County Attorney's Office;
3)Authorizes staff to accept the land management endowment; and
4) Directs the County Manager or his designee to proceed to acquire this parcel, to follow all appropriate
closing procedures, to record the deed and any and all necessary documents to obtain clear title to this
parcel, and to take all reasonable steps necessary to ensure performance under the Agreement.
Prepared By: Alexandra Sulecki,Principal Environmental Specialist, Parks and Recreation Department,
Conservation Collier Program
Attachments: 1)Draft Donation Agreement, 2)Location Map
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9/24/2013 16.D.1 .
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.1.
Item Summary: Recommendation to approve a standard Donation Agreement that allows
Lynx Zuckerman at Naples, LLC to donate two adjacent parcels totaling five acres along with a
management endowment of$16,683 to the Conservation Collier Land Acquisition Program
under the offsite vegetation retention provision of the Land Development Code LDC Sec
3.05.07H.1.f.iii.b), at no cost to the County, and authorize the Chairman to sign the Donation
Agreement and staff to take all necessary actions to close. (This item is a companion to Item
17B)
Meeting Date: 9/24/2013
Prepared By
Name: BetancurNatali
Title: Operations Analys, Parks&Rec-NCRP Admin
8/16/2013 10:20:51 AM
Submitted by
Title:Environmental Specialist, Senior,Facilities Manage
Name: SuleckiAlexandra
8/16/2013 10:20:52 AM
Approved By
Name: SuleckiAlexandra
Title: Environmental Specialist, Senior,Facilities Manage
Date: 8/18/2013 9:39:59 AM
Name: Washburnllonka
Title: Manager-Park Operations,Parks &Recreation
Date: 8/19/2013 10:07:16 AM
Name: AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 9/11/2013 11:28:02 AM
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9/24/2013 16.D.1 .
Name: BelpedioJennifer
Title: Assistant County Attorney,County Attorney
Date: 9/12/2013 9:07:30 AM
Name: CarnellSteve
Title: Purchasing/General Services Director
Date: 9/12/2013 5:16:06 PM
Name: BelpedioJennifer
Title: Assistant County Attorney,County Attorney
Date: 9/16/2013 9:45:41 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/16/2013 10:08:09 AM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 9/17/2013 11:27:01 AM
Name: OchsLeo
Title: County Manager
Date: 9/17/2013 3:25:00 PM
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9/24/2013 16.D.1.
CONSERVATION COLLIER
PROPERTY IDENTIFICATION NUMBERS: 38845680000&38845720009
TUSCANY POINTE
DONATION AGREEMENT
THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made
and entered into by and between , (hereinafter referred to as
"Owner"), whose mailing address is , and COLLIER COUNTY, a
political subdivision of the State of Florida, its successors and assigns, whose address is
3335 Tamiami Trail East, Suite 101, Naples, FL 34112, (hereinafter referred to as "County").
WITNESSETH:
WHEREAS, Owner is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by reference;
and
WHEREAS, Owner recognizes the benefit to Owner and desires to convey the Property
to the County for the stated purposes, on the terms and conditions set forth herein, said
terms including that no compensation shall be due and payable for the Property requested by
County; and
NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which is
hereby mutually acknowledged, it is agreed by and between the parties as follows:
1. Owner shall convey the Property via 'a Warranty Deed to County at no cost to the
County, unless otherwise stated herein.
2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such instruments which will
remove, release or subordinate such encumbrances from the Property upon their recording in
the public records of Collier County, Florida. Owner shall provide such instruments, properly
executed, to County on or before the date of Closing.
3. This Agreement shall be null and void, and of no further force or effect, unless
Closing shall occur within sixty (60) days from the date County executes this Agreement;
unless extended by mutual written agreement of the parties hereto. The Manager of Real
Property Management or designee is authorized to enter into such mutual written agreements
on behalf of the County for extensions of up to an additional sixty (60) days without further
approval by the Board of County Commissioners.
1
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9/24/2013 16.D.1 .
4. Owner is aware and understands that this Agreement is subject to the acceptance
and approval by the Board of County Commissioners of Collier County, Florida.
5. Owner represents that the Property and all uses of the Property have been and
presently are in compliance with all Federal, State and Local environmental laws; that no
hazardous substances have been generated, stored, treated or transferred on the Property
except as specifically disclosed to the County; that the Owner has no knowledge of any spill
or environmental law violation on any property contiguous to or in the vicinity of the Property
to be conveyed to the County, that the Owner has not received notice and otherwise has no
knowledge of a) any spill on the Property, b) any existing or threatened environmental lien
against the Property or c) any lawsuit, proceeding or investigation regarding the generation,
storage, treatment, spill or transfer of hazardous substances on the Property. This provision
shall survive Closing and is not deemed satisfied by conveyance of title.
6. Owner shall indemnify, defend, save and hold harmless the County against and
from, and to reimburse the County with respect to, any and all damages, claims, liabilities,
laws, costs and expenses (including without limitation reasonable paralegal and attorney fees
and expenses whether in court, out of court, in bankruptcy or administrative proceedings or
on appeal), penalties or fines incurred by or asserted against the County by reason or arising
out of the breach of Owner's representation under Section 5. This provision shall survive
Closing and is not deemed satisfied by conveyance of title.
7. The cost of a title commitment and title policy shall be paid by Owner. Owner shall
pay for all costs of recording the conveyance instrument, and recording costs for any curative
instruments, in the Public Records of Collier..County, Florida._ Owner shall be responsible for
paying any costs and/or fees associated with the securing and recording any Releases of
mortgage(s) recorded against the Property from any mortgagee(s). All other costs
associated with this transaction including but not limited to transfer, documentary and
intangible taxes shall be borne and paid by Owner.
8. Prior to Closing, Owner shall remove or cause to be removed from the Property, at
Owner's sole cost and expense, any and all exotic vegetation on the Property deemed
necessary to be removed by County.
9. This Agreement and the terms and provisions hereof shall be effective as of the date
this Agreement is executed by both parties and shall inure to the benefit of and be binding
upon the parties hereto and their respective heirs, executors, personal representatives,
successors, successor trustees, and/or assignees, whenever the context so requires or
admits.
10. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated above; and the written Agreement,
including all exhibits attached hereto, shall constitute the entire Agreement and
understanding of the parties, and there are no other prior or contemporaneous written or oral
agreements, undertakings, promises, warranties, or covenants not contained herein.
2
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9/24/2013 16.D.1.
11. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others, Owner shall
make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of
the name and address of every person having a beneficial interest in the Property before the
Property held in such capacity is conveyed to County, its successors and assigns. (If the
corporation is registered with the Federal Securities Exchange Commission or registered
pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is
hereby exempt from the provisions of Chapter 286, Florida Statutes.)
12. This Agreement is governed and construed in accordance with the laws of the State
of Florida
IN WITNESS WHEREOF, the Owner has caused these presents to be executed the
date and year first above written.
DATE ACQUISITION APPROVED BY BCC:
AS TO COUNTY:
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk GEORGIA A. HILLER, ESQ., Chairwoman
Approved as to form and legality:
Jennifer A. Belpedio, Assistant County Attorney
3
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9/24/2013 16.D.1 .
AS TO OWNER:
WITNESSES:
Witness#1 (Signature)
Witness#1 (Print Name)
Witness#2(Signature)
Witness#2 (Print Name)
4
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3.05.07 - Preservation Standards
All development not specifically exempted by this ordinance shall incorporate, at a minimum,
the preservation standards contained within this section.
A. General standards and criteria. The following criteria shall be used to administer the
preservation standards in all unincorporated areas of the County:
1. Native vegetative communities. The preservation of native vegetation shall
include all naturally occurring strata including canopy, understory and ground
cover emphasizing the largest contiguous area possible, except as otherwise
provided in section 3.05.07 H.1.e. The term native vegetation is further
defined as a vegetative community having 25 percent or more canopy
coverage or highest existing vegetative strata of native plant species. In the
absence of other native strata, herbaceous vegetation not typically associated
with the re-growth of native vegetative communities, commonly known as
weeds, shall not be considered native vegetation for the purpose of
preservation.
2. Native trees. Where a property has been legally cleared and only native trees
remain and the native ground cover replaced with lawn or pasture, then only
the native trees shall be retained. The percent requirement of native trees
required to be retained shall be by tree count based on the percent requirement
for native vegetation pursuant to 3.05.07 B. Only slash pine trees with an 8
inch DBH or greater, hardwood trees with a 18 inch DBH or greater, or palms
with a minimum of 8 foot of clear trunk, shall be used for calculating this
requirement. For hardwood trees, every 6 inches or fraction thereof over 18
inch DBH shall count as an additional tree (18 inch DBH = 1 tree, 24 inch DBH
= 2 trees, 26 inch DBH = 3 trees, etc.). Slash pine trees and cabbage palms
shall only be retained on portions of the property with a density of 8 or more
trees per acre. Trees which are unhealthy or dying, as determined by a certified
arborist or any individual meeting the qualifications in 3.05.07 H.1.g.iii, shall not
be retained or used for calculation. Native slash pine trees shall be retained in
clusters, if the trees occur in clusters, with no encroachment (soil disturbance)
within the drip line or within 30 feet of the trunk, whichever is greater, of any
slash pine or hardwood tree. Encroachment may occur within these distances
where evaluation by a certified arborist determines that it will not affect the
health of the trees. Trees which die shall be replaced with 10 foot high native
canopy trees on a one for one basis. Native trees with a DBH of two feet or
more shall be replaced with three 10-foot high native canopy trees. Areas of
retained trees shall not be subject to the requirements of 3.05.07 H.
Where trees cannot be retained, the percent requirement of trees shall be
made up elsewhere on-site with trees planted in clusters utilizing 10 foot high
native canopy trees planted on a one for one basis. Where native trees with a
DBH of two feet or more cannot be retained, a minimum of three 10-foot high
native canopy trees shall be planted per tree removed of this size. Trees
planted to satisfy this requirement shall be planted in open space areas
equivalent in size to the area of canopy of the trees removed. This planted
open space shall be in addition to the area used to satisfy the minimum
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landscape requirements pursuant to 4.06.00. In lieu of using actual canopy
coverage, the following average diameter for tree canopies may be used to
calculate canopy coverage of existing trees: slash pine 40 feet, cypress 25 feet,
live oak 60 feet and cabbage palm 10 feet. Open space areas not normally
planted with trees, such as stormwater retention areas or lake banks not
planted to meet the LSPA requirement, may be used to satisfy this
requirement. Trees planted to satisfy this requirement shall be set back a
minimum of 30 feet from principal structures and impervious parking areas.
3. Areas that fulfill the native vegetation retention standards and criteria for
native vegetative communities of this section shall be set aside as preserve
areas, subject to the requirements of section 3.05.07 H.
4. Native vegetation to be retained as preserve areas shall be selected in such
manner as to preserve the following, in descending order of priority, except to
the extent that preservation is made mandatory in sections 3.05.07 F.3 and
3.05.07 G.3.c:
a. Wetland or upland areas known to be utilized by listed species or that
serve as corridors for the movement of wildlife;
b. Xeric Scrub, Dune and Strand, Hardwood Hammocks;
C. Onsite wetlands having an accepted functionality WRAP score of at
least 0.65 or a Uniform Wetland Mitigation Assessment Score of at least
0.7;
d. Any upland habitat that serves as a buffer to a wetland area as defined
in section 3.05.07 A.3.c above;
e. Dry Prairie, Pine Flatwoods; and
f. All other native habitats.
5. Preservation areas shall be interconnected within the site and to adjoining off-
site preservation areas or wildlife corridors.
6. Where vegetation has been illegally cleared, the amount of native vegetation
used to calculate the preservation requirement will be that amount present at
the time prior to the illegal clearing. Criteria to determine the process and
criteria for the clearing are found in sections 10.02.06 and 3.05.05
a. Re-creation of native vegetation shall not be required when any one of
the following criteria is met:
The parcel was issued a County permit to clear vegetation and
remains cleared of native vegetation.
ii. The parcel was issued a County permit to clear vegetation for
agricultural purposes prior to July 1993 (the date at which the 10
year agricultural clearing rezone limitation previously identified in
the GMP is achieved) and which remains cleared of native
vegetation.
If no clearing permit can be found, demonstrations of continuous
bona fide agricultural operation along with issuance of an after-
the-fact agricultural clearing permit from the County will be
evidence of legal clearing. Demonstrations of continuous bona
fide agricultural activities may include, but are not limited to,
agricultural classification records from the property appraiser's
office; dated aerial photographs; occupational license for
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agricultural operation; SFWMD consumptive use permits for the
ongoing agricultural use or other information such as sworn
testimony from previous owners which establishes the
commencement date and the location of the agricultural
operation. The rezone limitation pursuant to 10.02.06 shall apply.
7. Unless otherwise required in the RFMU District, single-family residences
shall be exempt from the native vegetation retention requirements and from
having on site preserves. Setbacks to preserves shall be in accordance with
3.05.07 H.
8. Development standards pursuant to section 4.02.14 shall apply to all
development, including single-family, within the ACSC.
9. Created preserves are allowed subject to the criteria in 3.05.07 H.
10. Fire and fuel breaks within preserves, kept to the minimum necessary in
accordance with standard forestry practice, shall count toward the minimum
native vegetation retention requirement.
B. Specific standards applicable outside the RFMU and RLSA districts. Outside the
RFMU and RLSA Districts, native vegetation shall be preserved on site, except for
single family residences, through the application of the following preservation and
vegetation retention standards and criteria. The single family exception is not to be
used as an exception from any calculations regarding total preserve area for a
development containing single family lots.
1. Required preservation.
Development Coastal High Non-Coastal High
Type Hazard Area Hazard Area
Residential Less than 2.5 acres 10%Less than 5 acres 10%
and Mixed Equal to or greater than 2.5 acres 25%Equal to or greater than 5 acres and less 15%
Use than 20 acres
development Equal to or greater than 20 acres 25%
Golf Course 35% 35%
Commercial Less than 5 acres 10%Less than 5 acres 10%
and
Industrial
development
and all other Equal to or greater than 5 acres 15%Equal to or greater than 5 acres 15%
non-
specified
development
types
Industrial 50%, not to exceed 25% of the project site 50%, not to exceed 25% of the project site.
development
(Rural-
Industrial
District only)
2. Exceptions. An exception from the vegetation retention standards above shall
be granted in the following circumstances:
a. Where the parcel was legally cleared of native vegetation prior to
January 1989 and remains cleared of native vegetation;
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b. Where the parcel cannot reasonably accommodate both the application
of the native vegetation retention standards and the proposed uses
allowed under this Code, subject to the criteria set forth in section
3.05.07 H.1.e.
c. Right-of-way acquisitions by any governmental entity for all purposes
necessary for roadway construction, including ancillary drainage
facilities, and including utilities within the right-of-way acquisition area.
d. Existing utility easements and easements for ingress or egress
required for neighboring properties.
e. Previously cleared parcels for support of public infrastructure, and
which remain cleared of native vegetation.
f. Trees and other vegetation planted for landscaping and which have not
been used to satisfy the native vegetation preservation requirement.
9• Previously cleared fallow farm fields and pastures, with no canopy trees
(other than slash pine trees with less than an 8 inch DBH or palms with
less than 8 foot of clear trunk) and less than 75 percent aerial coverage
of native vegetation. Marshes and similar type environments (640
FLUCFCS Codes) shall not be included in this exception.
C. Specific standards for the RFMU district. For Lands within the RFMU district, native
vegetation shall be preserved through the application of the following preservation
and vegetation retention standards and criteria, in addition to the generally applicable
standards and criteria set forth in 3.05.07 A. above:
1• RFMU receiving lands outside the NBMO.
a. A minimum of 40% of the native vegetation present, not to exceed 25%
of the total site area shall be preserved.
Off-site preservation shall be allowed at a ratio of 1:1 if such off-
site preservation is located within RFMU sending lands.
ii. Off-site preservation shall be allowed at a ratio of 1.5:1 if such off-
site preservation is located outside of Sending Lands.
iii. Like for like preservation shall be required for Tropical Hardwood
and Oak Hammock vegetative communities.
b. Where schools and other public facilities are co-located on a site, the
native vegetation retention requirement shall be 30% of the native
vegetation present, not to exceed 25% of the site.
2. Neutral lands.
a. In neutral lands, a minimum of 60% of the native vegetation present,
not to exceed 45% of the total site area shall be preserved.
b. Exceptions.
In those neutral lands located in Section 24, Township 49 South,
Range 26 East, in the NBMO, native vegetation shall be
preserved as set forth in section 2.03.08 D.5.b.
ii. Where schools and other public facilities are co-located on a site,
the native vegetation retention requirement shall be 30% of the
native vegetation present, not to exceed 25% of the site.
3. RFMU sending lands.
a. In RFMU sending lands that are not within a NRPA, 80% of the native
vegetation present on site shall be preserved, or as otherwise permitted
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under the Density Blending provisions of section 2.05.02. Off-site
preservation shall be allowed in satisfaction of up to 25% of the site
preservation or vegetative retention requirement, at a ratio of 3:1, if such
off-site preservation is located within or contiguous to Sending Lands.
b. In RFMU sending lands that are within a NRPA, 90% of the native
vegetation present shall be preserved or such other amount as may be
permitted under the Density Blending provisions of section 2.05.02. Off-
site preservation shall not be credited toward satisfaction of any of the
vegetative retention requirement applicable in such NRPAs.
4. General exceptions.
a. Non-conforming, Pre-existing parcels. In order to ensure reasonable
use and to protect the private property rights of owners of smaller
parcels of land within the RFMU district, including nonconforming
lots of record which existed on or before June 22, 1999, for lots,
parcels or fractional units of land or water equal to or less than five (5)
acres in size, native vegetation clearing shall be allowed, at 20% or
25,000 square feet of the lot or parcel or fractional unit, whichever is
greater, exclusive of any clearing necessary to provide for a 15-foot wide
access drive up to 660 feet in length. For lots and parcels greater than
5 acres but less than 10 acres, up to 20% of the parcel may be cleared.
This allowance shall not be considered a maximum clearing allowance
where other provisions of this Plan allow for greater clearing amounts.
These clearing limitations shall not prohibit the clearing of brush or
under-story vegetation within 200 feet of structures in order to minimize
wildfire fuel sources.
b. Specific County-owned Land. On County-owned land located in Section
25, Township 26 E, Range 49 S (+/-360 acres), the native vegetation
retention and site preservation requirements may be reduced to 50% if
the permitted uses are restricted to the portions of the property that are
contiguous to the existing land fill operations; exotic removal will be
required on the entire +/- 360 acres.
c. Discretionary Exception for Essential Public Services. The County
Manager or his designee may grant written exemptions to the above
preservation requirements on agriculturally zoned property for essential
public services (as defined in section 2.01.03), where it can be
demonstrated that the preservation requirements and the Essential
Public Services cannot both be reasonably accommodated on the site
and it is in the best interest of the general public to allow a reduction in
all or part from the requirements for preservation of existing native
vegetation.
D. Specific standards for RLSA district. For lands within the RLSA District, native
vegetation shall be preserved pursuant to the RLSA District Regulations set forth in
section 4.08.00 of this Code.
E. Density bonus incentives. Density Bonus Incentives shall be granted to encourage
preservation.
1• Outside rural villages. In RFMU receiving lands not designated as a rural
village, a density bonus of 0.1 dwelling unit per acre shall be granted for each
acre of native vegetation preserved on-site that exceeds the requirements set
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forth in section 3.05.07C., once a density of 1 unit per acre is achieved through
the use of TDR credits.
2. Inside rural villages. In RFMU receiving lands designated as a rural village,
a density bonus of 0.3 dwelling units per acre shall be granted for each acre
of native vegetation preserved on-site that exceeds the requirements set forth
in section 3.05.07C., once a density of 2 units per acre is achieved through the
use of TDR and bonus credits.
F. Wetland preservation and conservation.
1. Purpose. The following standards are intended to protect and conserve Collier
County's valuable wetlands and their natural functions, including marine
wetlands. These standards apply to all of Collier County, except for lands
within the RLSA District. RLSA District lands are regulated in section 4.08.00.
wetlands shall be protected as follows, with total site preservation not to
exceed those amounts of vegetation retention set forth in section 3.05.07(C),
unless otherwise required.
2. Urban lands. In the case of wetlands located within the Urban designated
areas of the County, the County will rely on the jurisdictional determinations
made by the applicable state or federal agency in accordance with the following
provisions:
a. Where permits issued by such jurisdictional agencies allow for impacts
to wetlands within this designated area and require mitigation for such
impacts, this shall be deemed to meet the objective of protection and
conservation of wetlands and the natural functions of wetlands within
this area.
b. The County shall require the appropriate jurisdictional permit prior to the
issuance of a final local development order permitting site
improvements, except in the case of any single-family residence that is
not part of an approved development or platted subdivision.
c. Within the Immokalee Urban Designated Area, there exists high quality
wetland system connected to the Lake Trafford/Camp Keais system.
These wetlands require greater protection measures and therefore the
wetland protection standards set forth in 3.05.07 (F)(3) below shall apply
in this area.
3. RFMU district. Direct impacts of development within wetlands shall be
limited by directing such impacts away from high quality wetlands. This shall
be accomplished by adherence to the vegetation retention requirements of
section 3.05.07 (C)above and the following standards:
a. In order to assess the values and functions of wetlands at the time of
project review, applicants shall rate the functionality of wetlands using
the Unified Wetland Mitigation Assessment Method set forth in F.A.C. 62
-345. For projects that have already been issued an Environmental
Resource Permit by the state, the County will accept wetlands
functionality assessments that are based upon the South Florida Water
Management District's Wetland Rapid Assessment Procedures (WRAP),
as described in Technical Publication Reg 001 (September 1997, as
update August 1999). The applicant shall submit to County staff these
respective assessments and the scores accepted by either the South
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Florida Water Management District or Florida Department of
Environmental Protection.
b. Wetlands documented as being utilized by listed species or serving as
corridors for the movement of wildlife shall be preserved on site,
regardless of whether the preservation of these wetlands exceeds the
acreage required in section 3.05.07(B).
c. Existing wetland flowways through the project shall be maintained,
regardless of whether the preservation of these flowways exceeds the
acreage required in section 3.05.07(C).
d. Drawdowns or diversion of the ground water table shall not adversely change
the hydroperiod of preserved wetlands on or offsite. Detention and control
elevations shall be set to protect surrounding wetlands and be consistent with
surrounding land and project control elevations and water tables. In order to
meet these requirements, projects shall be designed in accordance with
Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of Review, January 2001.
e. Single family residences shall follow the requirements contained within
Section 3.05.07(F)(5).
f. Preserved wetlands shall be buffered from other land uses as follows:
i• A minimum 50-foot vegetated upland buffer adjacent to a natural
water body.
ii. For other wetlands a minimum 25-foot vegetated upland buffer
adjacent to the wetland.
iii. A structural buffer may be used in conjunction with a vegetative
buffer that would reduce the vegetative buffer width by 50%. A
structural buffer shall be required adjacent to wetlands where
direct impacts are allowed. A structural buffer may consist of a
stem-wall, berm, or vegetative hedge with suitable fencing.
iv. The buffer shall be measured landward from the approved
jurisdictional line.
v. The buffer zone shall consist of preserved native vegetation.
Where native vegetation does not exist, native vegetation
compatible with the existing soils and expected hydrologic
conditions shall be planted.
vi. The buffer shall be maintained free of Category I invasive exotic
plants, as defined by the Florida Exotic Pest Plant Council.
vii. The following land uses are considered to be compatible with
wetland functions and are allowed within the buffer:
(1) Passive recreational areas, boardwalks and recreational
shelters;
(2) Pervious nature trails;
(3) Water management structures;
(4) Mitigation areas;
(5) Any other conservation and related open space activity or
use which is comparable in nature with the foregoing uses.
4. Mitigation. Mitigation shall be required for direct impacts to wetlands in order to
result in no net loss of wetland functions, in adherence with the following
requirements and conditions:
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a. Mitigation Requirements:
Loss of storage or conveyance volume resulting from direct
impacts to wetlands shall be compensated for by providing an
equal amount of storage or conveyance capacity on site and
•
within or adjacent to the impacted wetland.
ii. Prior to issuance of any final development order that authorizes
site alteration, the applicant shall demonstrate compliance with a
and b above. If agency permits have not provided mitigation
consistent with this Section, Collier County will require mitigation
exceeding that of the jurisdictional agencies.
iii. Mitigation requirements for single-family lots shall be determined
by the State and Federal agencies during their permitting
process, pursuant to the requirements of Section (5) below.
b. Mitigation Incentives: A density bonus of 10% of the maximum allowable
residential density, a 20% reduction in the required open space
acreage, a 10% reduction in the required native vegetation, or a 50%
reduction in required littoral zone requirements may be granted for
projects that do any of the following:
Increase wetland habitat through recreation or restoration of
wetland functions, of the same type found on-site, on an
amount of off-site acres within the Rural Fringe Mixed Use District
Sending Lands, equal to, or greater than 50% of the on-site
native vegetation preservation acreage required, or 20% of the
overall project size, whichever is greater;
ii. Create, enhance or restore wading bird habitat to be located near
wood stork, and/or other wading bird colonies, in an amount that
is equal to, or greater than 50% of the on-site native vegetation
preservation acreage required, or 20% of the overall project size,
whichever is greater; or
iii. Create, enhance or restore habitat for other listed species, in a
location and amount mutually agreeable to the applicant and
Collier County after consultation with the applicable jurisdictional
agencies.
C. EIS Provisions. When mitigation is proposed, the EIS shall demonstrate
that there is no net loss in wetland functions as prescribed above.
d. Exotic vegetation Removal. exotic vegetation removal shall not
constitute mitigation.
5. Estates, rural-settlement areas, and ACSC. In the case of lands located within
Estates Designated Area, the Rural Settlement Area, and the ACSC, the
County shall rely on the wetland jurisdictional determinations and permit
requirements issued by the applicable jurisdictional agency, in accordance with
the following:
a. For single-family residences within Southern Golden Gate Estates or
within the Big Cypress Area of Critical State Concern, the County shall
require the appropriate federal and state wetland-related permits before
Collier County issues a building permit.
b. Outside of Southern Golden Gate Estates and the Area of Critical State
Concern, Collier County shall inform applicants for individual single-
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family building permits that federal and state wetland permits may be
required prior to construction. The County shall also notify the applicable
federal and state agencies of single family building permits applications
in these areas.
6. RLSA district. Within the RLSA District,wetlands shall be preserved pursuant
to section 4.08.00
7. Submerged marine habitats. The County shall protect and conserve
submerged marine habitats as provided in section 5.03.06 I.
G. Natural reservation protection and conservation.
1. Purpose and applicability.
a. The purpose of this Section is to protect natural reservations from the
impact of surrounding development. For the purpose of this section,
natural reservations shall include only NRPAs and designated
Conservation Lands on the Future Land Use Map.
b. For the purposes of this Section, development shall include all projects
single-family dwelling units situated on individual lots or parcels.
2. Review process. All requests for development contiguous to natural
reservations shall be reviewed as part of the County's development review
process.
3. RFMU district requirements. The following criteria shall apply within the RFMU
district only.
a. Open space. Open space shall be required to provide a buffer
between the project and the natural reservation.
i• Open space allowed between the project's non-open space
uses and the boundary of the natural reservation may include
natural preserves, natural or man-made lakes, golf courses,
recreational areas, required yard set-back areas, and other
natural or man-made open space requirements.
ii. The following open space uses are considered acceptable uses
contiguous to the natural reservation boundary:
(a) preservation areas;
(b) golf course roughs maintained in a natural state;
(c) stormwater management areas;
(d) pervious nature trails and hiking trails limited to use by
nonmotorized vehicles.
b. Open spaces as buffers.
i• The uses in paragraph (a)(ii) above are encouraged to be located
as to provide a buffer between the natural reservation and
more intensive open space uses, including playgrounds, tennis
courts, golf courses (excluding roughs maintained in a natural
state), and other recreational uses and yards for individual lots
or parcels, or open space uses that are impervious in nature.
These more intensive open space uses may not be located
closer than 300 feet to the boundary of the natural reservation.
ii. In addition, where woodstork (Mycteria americana) rookeries,
bald eagle (Haliaeetus leucocephalus) nests, and wading bird
roosts are found in the adjacent natural reservation, the open
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space uses identified in (a) - (c) below are considered acceptable
for placement within a buffer as specified below:
(a) Woodstork (Mycteria americana) rookeries, bald eagle
(Haliaeetus leucocephalus) nests - 1,500 feet;
(b) Wading bird roost- 300 feet;
(c) These buffer distances shall only apply to the identified
entity within the natural reservations.
These requirements shall be modified on a case by case basis, if
such modifications are based upon the review and
recommendations from the USFWS and the FFWCC. Any such
changes shall be deemed consistent with the Growth
Management Plan.
c. Contiguous native vegetation. Existing native vegetation that is
located contiguous to the natural reservation shall be preserved as
part of the preservation requirements specified in Section 3.05.07
d. Wildlife corridors. Where wildlife corridors exist for listed species,
provision shall be made to accommodate the movement of the listed
species through the project to the natural reservation. The County shall
consider the recommendations from the USFWS.
H. Preserve standards.
1• Design standards.
a. Identification. Native vegetation that is required to be preserved or
mitigated pursuant to 3.05.07 A. through F. shall be set-aside in a
Preserve and shall be identified in the following manner:
The Preserve shall be labeled as "Preserve" on all site plans.
ii. If the development is a PUD, the Preserve shall be identified on
the PUD Master Plan, if possible. If this is not possible, a
minimum of 75% of the preserves shall be set-aside on the PUD
Master Plan with the remaining 25% identified at the time of the
next development order submittal.
iii. The Preserve shall be identified at the time of the first
development order submittal.
b. Minimum dimensions. Thin linear and perimeter"picture frame-shaped"
preserves are discouraged, unless such preserve shapes are dictated
by environmental or environmental regulatory considerations.
Connections to other preserves, conservation areas, natural flowways,
natural water bodies, water management lakes, estuaries, government
owned or targeted lands for preservation purposes or existing listed
wildlife habitat, when present, are encouraged to establish the largest
contiguous natural area possible.
The following minimum widths shall apply:
Twenty feet, for property less than 10 acres.
ii. An average of 30 feet in width but not less than 20 feet in width,
for property equal to 10 acres and less than twenty acres.
iii. An average of 50 feet in width but not less than 20 feet for
property of twenty acres and greater.
iv.
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If the existing native vegetation does not meet the minimum
dimensions specified above and is required to be preserved
pursuant to the preserve selection criteria in section 3.05.07, then
the existing native vegetation may be used to satisfy the
preservation requirement.
c. Protection of wetland hydroperiods. Drawdowns or diversion of the
ground water table shall not adversely change the hydroperiod of
preserved wetlands on or offsite. Detention and control elevations shall
be set to protect surrounding wetlands and be consistent with
surrounding land and project control elevations and water tables. In
order to meet these requirements, projects shall be designed in
accordance with Sections 4.2.2.4, 6.11 and 6.12 of SFWMD's Basis of
Review, January 2001.
d. Preserve mechanisms. All preserve areas shall be designated as
preserves on all site plans.
On-site County required preserves shall be dedicated to the County as
non-exclusive conservation easements without placing on the County
the responsibility for maintenance of the preserve area, and the
easement conveyance to the County shall include the right of access
from existing road right-of-way. The easement shall dedicate the
responsibility of maintenance to a property owners association or similar
entity, and it shall contain allowable uses and limitations to protect the
preserve. All preserve areas shall be shown on the preliminary and final
plats in accordance with section 10.02.04, with language similar to
Section 704.06 F.S.
No individual residential or commercial lot, parcel lines, or other
easements including, but not limited to, utility or access easements
that are not compatible with allowable uses in preserve areas, may
project into a preserve area.
State and federal parks and preserves shall not be required to place
their preserves in a conservation easement.
Any conservation easement or other document restricting uses in a
preserve area shall contain the following statement (consistent with
CCME GMP Policy 1.1.6):
"Oil extraction and related processing operations are uses which
are exempt from the restrictions herein and shall remain allowed
uses on the lands described herein."
e. Created preserves. Although the primary intent of GMP CCME Policy
6.1.1 is to retain and protect existing native vegetation, there are
situations where the application of the retention requirements of this
Policy is not possible. In these cases, creation or restoration of
vegetation to satisfy all or a portion of the native vegetation retention
requirements may be allowed. In keeping with the intent of this policy,
the preservation of native vegetation off site is preferable over creation
of preserves. Created Preserves shall be allowed for parcels that cannot
reasonably accommodate both the required on-site preserve area and
the proposed activity.
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Applicability. Criteria for determining when a parcel cannot
reasonably accommodate both the required on-site preserve area
and the proposed activity include:
(a) Where site elevations or conditions requires placement or
removal of fill thereby harming or reducing the survivability
of the native vegetation in its existing locations;
(b) Where the existing vegetation required by this policy is
located where proposed site improvements are to be
located and such improvements cannot be relocated as to
protect the existing native vegetation;
(c) To provide for flood plain compensation as required by
the LDC.
(d) When a State or Federal permit requires creation of native
habitat on site. The created preserve acreage may fulfill all
or part of the native vegetation requirement when
preserves are planted with the appropriate strata; using the
criteria set forth in Created Preserves. This exception may
be granted, regardless of the size of the project.
(e) When small isolated areas (of less than 1/2 acre in size) of
native vegetation exist on site. In cases where retention
of native vegetation results in small isolated areas of 1/2
acre or less, preserves may be planted with all three
strata; using the criteria set forth in Created Preserves and
shall be created adjacent existing native vegetation
areas on site or contiguous to preserves on adjacent
properties. This exception may be granted, regardless of
the size of the project.
(f) When an access point to a project cannot be relocated. To
comply with obligatory health and safety mandates such as
road alignments required by the State, preserves may be
impacted and created elsewhere on site.
(9) To provide for connections to on or off site preserves.
(h) In the RFMU District where upland buffers required by
the LDC, lack native vegetative communities.
ii. Approved created preserves may be used to recreate:
a) not more than one acre of the required preserves if the
property has less than twenty acres of existing native
vegetation.
b) not more than two acres of the required preserves if the
property has equal to or greater than twenty acres and less
than eighty acres of existing native vegetation.
c) not more than 10% of the required preserves if the
property has equal to or greater than eighty acres of
existing native vegetation.
The minimum dimensions shall apply as set forth in 3.05.07
H.1.b.
iv.
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All perimeter landscaping areas that are requested to be
approved to fulfill the native vegetation preserve requirements
shall be labeled as preserves and shall comply with all preserve
setbacks.
v. Preparation of required planting plans for preserves. Preserve
planting plans shall be designed by an individual with academic
credentials and experience in the area of environmental sciences
or natural resource management. Academic credentials and
experience shall be a bachelor's or higher degree in one of the
biological sciences with at least two years of ecological or
biological professional experience,in the State of Florida.
vi. Planting requirements for created preserves. Soils compatible
with the habitat to be created shall be used to create the
preserve. Where compatible soils are not present, a minimum of
6 to 8 inches of compatible soil shall be used.
Where created preserves are approved, the planting plan shall re-
create a native plant community in all three strata (ground cover,
shrubs and trees), utilizing larger plant materials to more quickly
re-create the lost mature vegetation. Environments which do not
normally contain all three strata shall only be required to plant the
strata found in the habitat to be created. Plant material shall be
planted in a manner that mimics a natural plant community and
shall not be maintained as landscaping. Such re-vegetation shall
include the following minimum sizes: one gallon ground cover; 7
gallon shrubs; canopy trees in the following sizes: 25 percent at
10 feet, 50 percent at 8 feet and 25 percent at 6 feet. Spacing
requirements for calculating the number of plants shall be as
follows: 20 to 30 foot on center for trees with a small canopy (less
than 30 feet mature spread) and 40 to 50 foot on center for trees
with a large canopy (greater than 30 feet mature spread), 10 foot
on center for shrubs, 3 foot on center for ground covers which
spread by rhizomes or creeping stems or which have a mature
height of 2 feet or more, excluding the bloom, and 2 foot on
center for ground covers with a mature height of less than 2 feet,
excluding the bloom, and which reproduce primarily by seed.
Minimum sizes for plant material may be reduced for scrub and
other xeric habitats in order to promote diversity or where smaller
size plant material is better suited for re-establishment of the
native plant community. Coverage of pine and hardwoods in
scrub habitats shall occupy no more than 70% of the area of a
scrub preserve, in order to create natural open areas for wildlife
and native ground covers. In south Florida slash pine dominated
environments, where fire is a concern, the amount of mid-story
vegetation planted may be reduced to promote the growth of
native ground covers, reduce the threat of wildfire and to promote
use of the preserve by listed species.
Three gallon container saw palmetto (Serenoa repens) may be
used in lieu of seven gallon containers. South Florida slash pine
(Pinus elliottii var. densa)trees may be planted in the following
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sizes: 25 percent at 6 feet and 75 percent at 4 feet, with a
spacing requirement of 40 feet on center for calculating the
number of slash pines to be planted.
Mangrove trees may be planted as three gallon size containers
but must be planted a minimum of five to seven foot on center for
calculating the number of mangroves to be planted, if planted at
this size. Ground covers in estuarine and other aquatic
environments may be planted as liners or bare root plants.
Upland or seasonally wet preserves with extended dry periods
shall detail a method of providing water until the plants are
established.
vii. Supplemental planting requirements within preserves.
Supplemental plantings in the strata required to restore the
habitat to its natural condition shall be added to preserves where
prior clearing or disturbance, or the removal of non-native and/or
nuisance vegetation has created open areas with little or no
native vegetation. Plant material shall be planted in a manner
that mimics a natural plant community and shall not be
maintained as landscaping. Supplemental plantings must be of
the species typical of the native habitats being restored and take
into consideration the requirements of any listed species using
the preserve.
Areas defined as "native vegetation" pursuant to this section
and required to be retained as preserves, shall only be required
to plant material in the sizes specified in this subsection and not
in the sizes required for created preserves. Supplemental
plantings within preserves shall be in accordance with
requirements specified in approved state and federal permits for a
project. Where not specified in the State and Federal permits for
a project, supplemental plantings within County required
preserves shall adhere to the following minimum standards: one
gallon or liner ground covers, three gallon shrubs and four foot
high trees. Ground covers in aquatic environments may be
planted as bare root plants.
Natural recruitment of native groundcovers may be used in areas
where native groundcovers would be expected to regenerate on
their own. If within a two-year period the coverage of ground
covers is less than that typically found in environments containing
these species, then supplemental planting with native ground
covers or distribution of native seed shall be required. A planting
plan with schedule for planting or distributing native seed shall be
included as part of the preserve management plan, in case
sufficient natural recruitment of groundcovers has not occurred.
Natural recruitment of south Florida slash pine (Pinus elliottii var.
densa) may be used where south Florida slash pine would be
expected to regenerate on their own. If within a two-year period
the number of pine seedlings is less than that needed to
regenerate the habitat type, then supplemental planting with
south Florida slash pine or distribution of south Florida slash pine
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seed shall be required. A backup planting plan with schedule for
planting or distributing seed shall be included as part of the
preserve management plan, in case sufficient natural recruitment
has not occurred. South Florida slash pine trees may be planted
as seedlings in lieu of planting four foot high trees, for individual
preserves 100 or more acres in size.
Restoration of mangroves shall be with one-to three-gallon
container mangroves, unless otherwise permitted by State and
Federal permitting agencies.
Minimum sizes for plant material may be reduced for scrub and
other xeric habitats in order to promote diversity or where smaller
size plant material is better suited for re-establishment of the
native plant community. Coverage of pine and hardwoods in
scrub habitats shall occupy no more than the 70% of the area of a
scrub preserve, in order to create natural open areas for wildlife
and indigenous ground covers.
viii. Success criteria. Success shall be demonstrated for created
preserves and supplemental planting within preserves, 5 years
after installation of plant material and shall be included with the
monitoring report. Before and after photos taken from specific or
permanent field markers to identify the locations within the
preserve shall be included in the above mentioned monitoring
report. Demonstration of success shall include the following:
a) 80% vegetative coverage has been attained within the
preserve.
b) Native vegetation is within the range of species diversity,
density and distribution documented within either reference
sites or from literature references for the specific habitat
types.
c) Native vegetation characteristic of the habitat are
reproducing in the vegetative or seeding manner typical of
the species.
d) When permitted through the Water Management District
using UMAM, overall UMAM scores must indicate that the
preserves have attained or are clearly trending toward the
"with-mitigation" scores used to determine success.
f. Off-site vegetation retention.
i• Applicability. A property owner may request that all or a portion of
the Collier County on-site native vegetation preservation
retention requirement be satisfied offsite for only the following
situations and subject to restrictions listed below.
a) Properties zoned commercial or industrial where the on-
site preserve requirement is less than 2 acres in size.
b) Park sites where the on-site preserve requirement is less
than one acre in size.
c) Essential service facilities other than parks, for any size
preserves.
d) Preserves less than one acre in size.
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e) Affordable housing projects. The maximum percent of
native vegetation retention allowed offsite shall be equal
to the percent of affordable housing units, without
limitation as to size of the preserve.
f) Existing or proposed preserves with 75 percent or more
coverage with exotic vegetation. Existing preserves not
previously overrun with this type vegetation and which
arrive at this state due to lack of management of the
preserve shall mitigate off site at a ratio of 2 to 1.
g) Created preserves which do not meet the success criteria
in 3.05.07 H.1.e.viii or where preserves have not been
planted in a manner which mimics a natural plant
community.
h) Preserves which do not meet the minimum dimensional
requirements of this section.
i) Portions of preserves located within platted single-family
lots.
i) Right of Way acquisitions to be conveyed or in the
process of being conveyed to the County by non-
governmental entities for all purposes necessary for
roadway construction, including ancillary drainage
facilities, and including utilities within the right of way
acquisition area.
k) All criteria listed for created preserves.
ii. Restrictions, when one or more of the following situations occur.
a) Xeric scrub and hardwood hammocks which are one acre
or more in size, mangrove (excluding mangrove fringes
less than 40 feet in width on artificially created
shorelines), coastal dune and strand environments, and
listed species habitat or corridors per the requirements or
recommendations of the FFWCC or USFWS, shall not be
allowed to have the on-site native vegetation preservation
retention requirement provided offsite.
b) Preserves shall remain onsite if located contiguous to
natural flowways required to be retained per the
requirements of the SFWMD, natural water bodies,
estuaries, government required preserves (not meeting the
offsite preservation criteria herein), NRPAs, or contiguous
to property designated for purchase by Conservation
Collier or purchased by Conservation Collier, or contiguous
to properties containing listed species nests, buffers,
corridors and foraging habitat per the requirements or
recommendations of the FFWCC or USFWS. For the
purpose of this section, natural flowways shall also
include those identified during wetland permitting with
applicable State and Federal agencies, regional drainage
studies, or surface water management permits.
c)
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Remaining portions of on-site preserves must be a
minimum of one acre in size and shall not meet the offsite
criteria of sub-section 3.05.07 H.1.f.i.(f) and (g) above,
unless preserved with higher quality habitat not qualifying
for the off-site native vegetation retention alternative.
iii• Off-site Alternatives. Off-site native vegetation retention
requirements may be met by monetary payment or by land
donation.
a) Applicants shall make monetary payment to Collier
County. Such funds will be used by the County for the
purchase and management of off-site conservation lands
within the county. The monetary payment shall be based
on the location of the land to be impacted and be equal to
125 percent of the average cost of land in the Urban
Designation or 125 percent of the average cost for all other
Designations, as applicable, as defined by the FLUE,
purchased by Collier County, through the Conservation
Collier program. This monetary payment shall be made
prior to the preconstruction meeting for the SDP or final
plat construction plans.
b) In lieu of monetary payment, applicants may choose to
donate land for conservation purposes to Collier County or
to another government agency. In the event of donation to
Collier County, the applicant may acquire and
subsequently donate land within the project boundaries of
Winchester Head, North Golden Gate Estates Unit 53,
another multi-parcel project or any other land designated
by Conservation Collier donation acceptance procedures.
Applicants who choose to donate land shall be required to
demonstrate that the land to be donated contains native
vegetation communities equal to or of higher priority (as
described in subsection 3.05.07 A.) than the land required
to be preserved onsite. In no case shall the acreage of
land donated be less than the acreage of land required to
be preserved onsite. Land donated to satisfy the off-site
vegetation retention requirement must be located entirely
within Collier County. Donations of land for preservation
shall be made to a federal, state or local government
agency established or authorized to accept lands for the
conservation and management of land in perpetuity,
subject to the policies and procedures of the receiving
entity. Lands donated to Collier County must include a
cash payment for management of the land. The amount of
this payment shall be equal to 25 percent of the average
cost of land in the Urban Designation or 25 percent of the
average cost in all other Designations, as applicable, as
defined by the FLUE, purchased by Collier County,
through the Conservation Collier program.
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Applicants shall provide evidence that donations of land
for preservation and endowments for management have
been accepted by and donated to the entity stated above,
at the time of the preconstruction meeting for the SDP or
final plat construction plans. Exotics shall be removed in
accordance with the time frames provided in 3.05.07 H.2.
State and Federal agency requirements for mitigation,
remediation and monitoring for the donated land shall be
the responsibility of the applicant.
iv. PUD zoning. Where the off-site native vegetation retention
alternative is used for portions of preserves not identified on a
PUD master plan, a PUD amendment is not required. Preserves
or portions of preserves identified on a PUD master plan shall
require an amendment to the PUD master plan to use the native
vegetation retention alternative, subject to 10.02.13 E, unless the
option to use the off-site native vegetation retention alternative
is included in the PUD.
9. Preserve management plans. Criteria i, ii, vii and viii below are required
for all preserves whether a management plan for the preserve is
required or not. Preserve Management Plans shall be required for all
properties with 5 acres or more of preserve or where listed species are
utilizing the preserve or where the preserve contains habitat which
requires management for fire (such as Pine Flatwoods, Palmetto Prairie
or Scrub). The Preserve Management Plan shall identify actions that
must be taken to ensure that the preserved areas will maintain natural
diversity and function as proposed. A Preserve Management Plan shall
include the following elements:
General Maintenance. Preserves shall be maintained in their
natural state and must be kept free of refuse and debris.
ii. Exotic Vegetation Removal, Non-native Vegetation, and
Nuisance or Invasive Plant Control. Exotic vegetation removal
and maintenance plans shall require that Category I Exotics be
eradicated from all preserves. All exotics within the first 75 feet of
the outer edge of every preserve shall be physically removed, or
the vegetation cut down to grade, cut debris removed and the
stump treated. Exotics within the interior of the preserve may be
approved to be treated in place if it is determined that physical
removal might cause more damage to the native vegetation in
the preserve. When exotic vegetation is removed, but the base
of the vegetation remains, the base shall be treated with an U.S.
Environmental Protection Agency approved herbicide and a
visual tracer dye shall be applied. Any person who supervises up
to eight people in the application of pesticides and herbicides in
the chemical maintenance of exotic vegetation in preserves,
required retained native vegetation areas, wetlands, or LSPA
shall maintain the Florida Dept. of Agriculture and Consumer
Services certifications for Natural Areas Pesticide Applicators or
Aquatic Herbicide Applicators dependent upon the specific area
to be treated. Control of exotics shall be implemented on a yearly
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basis or more frequently when required, and shall describe
specific techniques to prevent reinvasion by prohibited exotic
vegetation of the site in perpetuity. Nuisance or invasive plants
and non-native ornamental vegetation shall be eradicated from all
preserves.
iii. Designation of a Preserve Manager. A Preserve Manager shall
be responsible for providing the developer/property owner with
technical assistance regarding management needs for the
preserve and compliance with the Preserve Management Plan. At
a minimum the Preserve Manager shall have academic
credentials and experience in the area of environmental sciences
or natural resource management. Academic credentials and
experience shall be a bachelor's or higher degree in one of the
biological sciences with at least two years of ecological or
biological professional experience in the State of Florida. The
individual's name, address and phone number shall be listed on
the Preserve Management Plan. The same contact information
shall be provided regarding the developer/property owner.
Changes in the Preserve Manager hired to manage the preserve
shall be documented in the monitoring report for the preserve.
iv. Wildlife Habitat Management. Where habitats must be managed
with regards to the species utilizing them, Wildlife Habitat
Management strategies may be required to provide for
specialized treatment of the preserve. Where protected species
are identified, management strategies shall be developed and
implemented in accordance with section 3.04.00. The County will
accept state and federal management plans that are consistent
with the requirements of the LDC. Hunting is permissible in
preserves where expressly approved by the Board of County
Commissioners.
v. Fire Management. Special land management practices to control
fire or to maintain species diversity in the absence of fire must be
included as part of the Preserve Management Plan, for those
habitats requiring these practices. Fire Management plans may
include removal of dead vegetation or periodic thinning of living
vegetation, to improve forest health and mimic the natural effects
of fire, as appropriate for the habitat type and surrounding land
uses. Fuel and fire breaks shall be kept to a minimum necessary
to control fire and should be coordinated with the State of Florida,
Division of Forestry, as part of a fire suppression plan. The
annual inspection monitoring report required pursuant to ix
(below) shall document, with photographs, the coverage and
types of vegetation to be cleared for fuel management, prior to
clearing. Where listed species have been documented within the
preserve, the annual inspection monitoring report shall require
surveys for the nests, burrows or cavities of listed species that
may be affected by the land management practices, no more than
six months prior to clearing, if gopher tortoises occur in the area,
or within the time frames recommended by the FFWCC and
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USFWS. Fire Management plans shall be consistent with wildlife
habitat management plans approved by Collier County.
vi. Vegetation Removal Permits. Vegetation Removal Permits shall
not be required to implement Preserve Management Plans and
firewise safety plans that specify land management practices for
clearing for fuel management or fire lines in accordance with
normal forestry practices and which have been approved
pursuant to this section. State and Federal agency permits or
approvals shall be required, where applicable, prior to clearing.
Vegetation Removal Permits shall not be required to remove
dead, dying or leaning trees which pose a safety concern, unless
they contain a nest or cavity of a listed animal species or bald
eagle. The annual inspection monitoring report required pursuant
to ix (below) shall document, with photographs, trees to be
removed for safety concerns.
vii. Protection During Construction and Signage After Construction.
The Preserve Management Plan shall address protective
measures during construction and signage during and after
construction that are consistent with section 3.05.04
viii. Monitoring for Preserves Receiving Treated Stormwater. A
monitoring program must be implemented for preserves that will
receive stormwater pursuant to the requirements of section
3.05.07. The monitoring program must include protocols to
conduct vegetation surveys and monitoring for ground and
surface water levels. The Preserve Management Plan shall
include a schedule requiring a baseline monitoring report followed
by 5 annual monitoring reports. Monitoring reports for stormwater
within preserves shall be included as part of the annual inspection
monitoring reports pursuant to ix. (below). The County will accept
wetland monitoring reports submitted to the South Florida Water
Management District as long as the reports conform to the
minimum requirements provided herein and includes all of the
Preserves receiving stormwater. Compatible vegetation must be
planted to replace upland vegetation that may be lost as a direct
result of the introduction of stormwater into the preserve.
ix. Inspections and Monitoring. The property owner shall provide for
inspections of all on-site preserves by the Preserve Manager on
an annual basis, at a minimum, or more frequently when required
to ensure the preserve functions as intended. The results of the
inspections, and recommendations of the Preserve Manager,
must be included in a monitoring report on an annual basis, at a
minimum. The property owner shall retain copies of the five most
recent years of monitoring reports and make them available to
Collier County upon request.
x. Preserve Site Plan. A Preserve Site Plan with FLUCFCS Codes
for each of the habitat types within the preserve must be included
as part of the Preserve Management Plan. The location of
pathways and other approved uses within the preserve must be
included on the Preserve Site Plan.
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xi. The requirements of criteria v, vi, viii, ix, and x shall not apply to
projects with County permits or approvals including approved
Preserve Management Plans issued prior to June 8, 2010.
h. Allowable uses within County required preserves. Passive uses are
allowed within preserves to provide for access to the preserve, as long
as any clearing required to facilitate these uses does not impact the
minimum required native vegetation or cause loss of function to the
preserve. Loss of function to the preserve includes unacceptable
changes in vegetation within the preserve or harming any listed species
present in the preserve. Unacceptable changes in vegetation within
preserves include replacement of indigenous vegetation with non-native
species, changes in vegetative composition which are inconsistent with
target plant communities or die-offs of vegetation which are inconsistent
with target plant communities. Determinations of harm to listed species
shall be made by FFWCC or USFWS, and pathways, structures or
improvements within preserves containing listed species shall be in
accordance with permits or authorizations from these agencies.
i• The following passive uses are allowed within preserves.
a) Pervious and impervious pathways and boardwalks,
subject to the following criteria:
i) Recommended widths for pedestrian pathways is
5 feet. Widths greater than 8 feet may be allowed
where pathways serve as fire breaks in accordance
with a fire suppression plan approved by the State
of Florida, Division of Forestry.
ii) Minimum widths for shared use paths for use by golf
carts, trams, bicycles,joggers, etc. is 10 feet.
Widths greater than 12 feet may be allowed where
pathways serve as fire breaks in accordance with a
fire suppression plan approved by the State of
Florida, Division of Forestry. Golf cart paths for golf
course use shall be designed for golf course access
only.
iii) Impervious pathways shall be limited to no more
than one percent of the area of the preserve.
Pathways over this amount shall be either
pervious pathways or boardwalks.
iv) Where feasible, pathways shall be designed to
maintain existing vegetation and larger trees.
Pathways in scrub habitat lacking canopy should
be avoided.
v) Where a minimum preserve width of 20 feet cannot
be maintained on either side of pathways, the
pathway shall be located along the side of the
preserve.
vi) Pathways shall not interfere with the nests, dens,
burrows or roosts of listed species or the nests of
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bald eagle, unless permitted or authorized by the
FFWCC or USFWS.
vii) Pathways, other than boardwalks, shall be at or on
natural grade unless constructed on berms for the
stormwater management system. Slopes for
stormwater management berms in or adjacent to
preserves shall be stabilized and planted with 100%
South Florida native species compatible with the
habitat present in the preserve.
b) Shelters without walls.
c) Educational signage and bulletin boards located on or
immediately adjacent to the pathway.
d) Benches for seating
e) Viewing platforms
f) Wildlife sanctuaries for indigenous free roaming wildlife.
Wildlife parks, wildlife rehabilitation centers and similar
type uses, with non-indigenous wildlife, or caged or
enclosed wildlife, shall not be allowed within preserves.
g) Conservation-related and recreational activities
comparable in nature with the aforementioned uses, as
determined by the County Manager or designee.
h) The requirements of this subsection (3.05.07 H.1.h.i) shall
not apply to preserve pathways, structures or
improvements that had permits prior to June 8, 2010.
Existing pathways, structures or improvements that had
permits may be repaired, maintained and replaced within
the existing footprint of the pathway, structure or
improvement.
ii. Stormwater subject to the following criteria.
a) Nothing in this section shall exempt any system from
complying with the stormwater management design
standards as set forth by the South Florida Water
Management District.
b) Preserve areas shall not be used to meet water quality
requirements as set forth in Section 5.2.1(a) of the Basis of
Review for Environmental Resource Permit Applications
for the South Florida Water Management District or the
Watershed Management regulations of Section 3.07.00
c) Discharge of stormwater into a preserve shall be in a
controlled manner to prevent erosion, scour, and to
promote even distribution.
d) Stormwater may be discharged into preserves comprised
of:
i) Jurisdictional wetlands and the minimum required
upland buffer around these wetlands in
accordance with an approved SFWMD
Environmental Resource Permit(ERP);
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ii) Uplands comprised primarily (greater than 50
percent by area) of hydric soils as mapped by the
Natural Resources Conservation Service (NRCS) or
as determined by in situ hydric indicators;
iii) Non-jurisdictional areas dominated by hydrophytic
(Obligate (OBL)& Facultative Wet(FACW))
vegetation;
iv) Or a combination thereof.
e) Where preserves include uplands comprised of greater
than 50% by area of non-hydric soils and not addressed in
subsection 3.05.07 H.1.h.ii.d (above), stormwater may be
discharged into said preserves provided the following
criteria are met:
i) If gopher tortoise, red-cockaded woodpecker, Big
Cypress fox squirrel, scrub jay or the nests of bald
eagle are present, technical assistance from the
FFWCC or USFWS shall be provided indicating that
no harm to these species or their habitat will occur
due to discharge of stormwater into the preserve.
Technical assistance must be site specific;
ii) Demonstration that the upland portion of the
preserve is not inundated for more than 30
consecutive days during a reference wet season, as
demonstrated through stormwater modeling. For the
purpose of this subsection, the reference wet
season is May 1996 through October 1996. In this
context, inundation means water levels averaging
greater than 2" above the average ground surface
of the preserve;
or, if on-site groundwater data exists during a
normal wet season, the applicant must demonstrate
that the addition of stormwater to the preserve will
not cause the groundwater elevation in the preserve
to exceed the existing recorded peak groundwater
elevation. A wet season typically spans June
through November, and rainfall is considered
normal if the monthly totals during a given wet-
season fall within 25 percent of the average rainfall
volume per month, as computed using nearby long-
term regional rainfall data;
iii) Stormwater shall not be directly discharged into
land designated as 322, 413, or 421 FLUCFCS
Codes.
f) When stormwater discharges are allowed in preserves, the
associated stormwater facilities such as berms, swales, or
outfall structures, may be located within the preserve, but
the area of such facilities cannot count towards the native
vegetation preservation requirement pursuant to section
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3.05.07. These facilities are not subject to setback
requirements as found in subsection 3.05.07 H.3. These
facilities may be placed in a drainage easement.
9) Where stormwater discharges are allowed in preserves,
the Preserve Management Plan as required in 3.05.07
must include a monitoring program. In the event
stormwater introduced into a preserve results in
unacceptable changes in vegetation within the preserve,
then a remediation plan must be provided and the
Preserve Management Plan revised accordingly.
Unacceptable changes in vegetation within preserves
include replacement of indigenous vegetation with non-
native species, changes in vegetative composition which
are inconsistent with target plant communities or die-offs of
vegetation which are inconsistent with target plant
communities.
h) Stormwater shall be allowed in preserves in the RLSA-
WRA areas in accordance with section 4.08.00 Rural
Lands Stewardship Area Overlay District standards and
procedures.
i) A property owner may request deviations from the above
regulations, 3.05.07 H.1.h.ii. Staff shall review the plans
and proposed deviations to ensure that uplands in the
preserve will suffer no adverse impact resulting from the
proposed deviations. The process for obtaining deviations
shall follow the procedure as set forth in Chapter 2, Article
VIII, Division 23 of the Code of Laws and Ordinances;
appeal before the EAC, and shall be heard at a public
hearing of the EAC. No deviations shall be granted for 322,
413, or 421 FLUCFCS Codes.
i) The requirements of this subsection (3.05.07 H.1.h.ii) shall
not apply to discharge of stormwater into preserves
pursuant to South Florida Water Management District or
County permits or approvals issued prior to June 11, 2010.
No setback from preserves is required for fences, or retaining
walls permitted as part of the stormwater management system.
Decorative walls must be set back a minimum of five feet from the
boundary of preserves. Permanent fences and walls are
prohibited within preserves unless approved by the FFWCC or
USFWS as part of an approved wildlife management plan in
accordance with 3.04.00. Where construction of such structures
impacts native vegetation in the preserve, a restoration plan
shall be provided and included as part of the preserve
management plan. No trenching for wall/fence installation is
allowed within 10 feet from preserve boundary, unless adjacent
to a fire break in the preserve. Trenching is allowed for installation
of gopher tortoise fencing pursuant to FFWCC Gopher Tortoise
Permitting Guidelines and for retaining walls designed to
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minimize impacts to native habitat and wetlands, such as those
permitted as part of the stormwater management system.
iv. No setback from preserves is required for impervious or
pervious pathways, or other structures allowed within
preserves pursuant to this section.
v. In those areas of Collier County where oil extraction and related
processing is an allowable use, such use is subject to applicable
State and Federal oil and gas permits and Collier County non-
environmental site development plan review procedures.
Directional-drilling and/or previously cleared or disturbed areas
shall be utilized in order to minimize impacts to native habitats,
where determined to be practicable. This requirement shall be
deemed satisfied upon issuance of a State permit in compliance
with the criteria established in Chapter 62C-25 through 62C-30,
F.A.C., as those rules existed on January 13, 2005, regardless of
whether the activity occurs within the Big Cypress Watershed, as
defined in Rule 62C-30.001(2), F.A.C. All applicable Collier
County environmental permitting requirements shall be
considered satisfied by evidence of the issuance of all applicable
Federal and/or State oil and gas permits for proposed oil and gas
activities in Collier County, so long as the state permits comply
with the requirements of Chapter 62C-25 through 62C-30, F.A.C.
For those areas of Collier County outside the boundary of the Big
Cypress Watershed, the applicant shall be responsible for
convening the Big Cypress Swamp Advisory Committee as set
forth in Section 377.42, F.S., to assure compliance with Chapter
62C-25 through 62C-30, F.A.C. even if outside the defined Big
Cypress Watershed. All access roads to oil and gas uses shall
be constructed and protected from unauthorized uses according
to the standards established in Rule 62C-30.005(2)(a)(1)through
(12), F.A.C.
2. Inspections and maintenance.
a. Inspections shall be required for all preserves. The preserve areas shall
be completed and approved by inspections conducted in accordance
with the following schedule:
i• Prior to preliminary acceptance of the phase of the required
subdivision improvements;
ii. Within the associated phase of the final site development plan
prior to the issuance of a certificate of occupancy.
iii. As required with golf courses, prior to the issuance of a certificate
of occupancy for the first permitted structure associated with the
golf course facility;
iv. Eighty percent vegetative coverage, of the created preserves and
supplemental plantings in preserves, is required within a two-year
period following the initial planting and shall be maintained in
perpetuity. Native plants that recruit on their own within the
preserve will be counted towards this coverage requirement.
b.
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Annual maintenance. Annual maintenance shall be required according
to the Preserve Management Plan.
3. Required setbacks to preserves.
a. All principal structures shall have a minimum 25-foot setback from the
boundary of any preserve. accessory structures and all other site
alterations shall have a minimum 10-foot setback from the boundary of
any preserve. There shall be no site alterations within the first 10 feet
adjacent to any preserve unless it can be demonstrated that it will not
adversely impact the integrity of that preserve. (i.e. Fill may be approved
to be placed within 10 feet of the upland preserve but may not be
approved to be placed within 10 feet of a wetland preserve, unless it can
be demonstrated that it will not negatively impact that wetland.
b. Additional preserve buffers shall be applied to wetlands pursuant to
section 3.05.07 F.3.f.
4. Exemptions.
a. Single family residences are subject only to the applicable vegetation
retention standards found in 3.05.07
b. Applications for development orders authorizing site improvements,
such as an SDP or FSP and, on a case by case basis, a PSP, that are
submitted and deemed sufficient prior to June 19, 2003 are not required
to comply with the provisions of this section 3.05.07 H., which were
adopted on or after June 19, 2003.
(Ord, No. 05-27. 4 3.A4; Ord. No. 08-08, §3.F;Ord. No. 08-63, §3.H: Ord. No. 10-23; §3.0)
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