Agenda 09/28/2010 Item #17C
Agenda Item No. 17C
September 28, 2010
Page 1 of 81
EXECUTIVE SUMMARY
Recommendation for approval to amend Ordinance No. 2009-32, as amended,
(Environmental Advisory Council Ordinance), to maintain consistency with the Growth
Management Plan (GMP) Conservation and Coastal Management Element (CCME)
Policies 6.1.1 (13) and 6.1.8, and Land Development Code (LDC) amendment to subsection
1O.02.02.A.
OBJECTIVE:
To obtain the Board of County Commissioners (Board) approval to amend the Ordinance No.
2009-32, as amended, the Environmental Advisory Council (EAC) Ordinance, to maintain
consistency with Board adopted changes to Growth Management Plan (GMP) Conservation and
Coastal Management Element (CCME) Policies 6.1.1 (13) and 6.1.8, and Land Development
Code (LDC) amendment to subsection 10.02.02.A.
CONSIDERA TIONS:
During the recent 2009 LDC amendment cycle, the Board approved amendments to LDC Section
10.02.02.A. The amendment to the LDC was required to maintain consistency with the 2004
EAR-based amendments to CCME Policies 6.1. I (13) and 6.1.8. Changes proposed include
creation of a deviation process pursuant to CCME Policy 6.1.1 (13) and amending the Powers
and Duties of the EAC to comply with CCME Policy 6.1.8 and LDC amendment to subsection
1O.02.02.A. A major change was to replace the requirement of an Environmental Impact
Statement (EIS) with Environmental Data Submittal Requirements. The EAC's current
Ordinance needs to be amended to conform to these changes since the EAC is currently required
by Ordinance No. 2009-32 to function as an EIS review board.
During evaluation of Land Development Code (LDC) amendments to implement the 2004 EAR-
based CCME an1endments, staff also evaluated the types of petitions requiring review by the
EAC. Input was gathered from stakeholders and the EAC, with proposed changes later approved
by the EAC.
Petitions currently required by Ordinance No. 2009-32 to be heard by the EAC but not proposed
to be heard by the EAC as par1 of the proposed amendments, include the following:
1. Single-family residences within the Special Treatment (ST) or Big Cypress Area of
Critical State Concern / Special Treatment (ACSC/ST) zoning overlays.
2. Excavation pennits over SOO,OOO cubic yards. (Commercial excavations will be reviewed
by the EAC through the CU or PUD rezone process instead.)
3. Preliminary or final plats and Site Devclopment Plan (SDP) submissions for devclopment
or site alteration on a shoreline. except for projects on Undevcloped Coastal Barriers or in
the ACSC/ST zoning overlay.
Agenda Item No. 1YC
September 28, 2010
Page 2 of 81
4. Smaller and less environmentally sensll1ve projects which previously would have
required an EIS and be required to be heard by the EAC, but which do not meet the
criteria in the proposed amendments.
Development orders proposed by staff to be reviewed by the EAC include Conditional Use (CV)
and rezone applications, where projects are analyzed and conditions of approval normally placed
on these type petitions. Under the current proposal, final development orders such as Site
Development Plans (SDPs), excavation pern1its and subdivision plats/construction plans (PPLs),
with specific development standards already contained in the LDC or Code of Laws and
Ordinances, will, for the most par1, not be reviewed by the EAC. The EAC will continue to
review projects in environmentally sensitive areas as provided for in the Ordinance.
EAC Recommendation;
As par1 of their approval, the EAC also voted to include in Ordinance No, 2009-32, projects
where Florida panther or Florida black bear have been documented on ..site. Documentation
would include telemetry points provided by the State and Federal wildlife agencies as well as on-
site physical evidence of their presence. Staff does not recommend including Florida panther or
Florida black bear to the list of wildlife species included in the proposed amendment, for several
reasons. First, both are wide ranging animals which could occur in almost any undeveloped area
of the county, including previously cleared and actively farn1ed land. Telemetry points for these
animals also only represent individual localities in time and do not represent the entire range of
these animals. Animals could be documented on one site but not on an adjacent site with similar
type habitat, crcating a hit or miss type review system, which could be unfair to applicants. The
occurrence of Florida panther and Florida black bear throughout much of the county could also
potentially create a bottleneck in the pcrmitting process, depending on the number of panthers
and bears fitted with transponders in a given time. Unlike other listed species included in the
amendment, the OCCUlTence of Florida black bear would also not likely affcct project design or
require site specific measures to protect the species.
If the Board wishes to include Florida panther to the list of species requiring review by the EAC,
staff recommends limiting it to CU or rezone type applications with impacts to native habitat in
the Panther Primary Zone. Establishing an acreage threshold (J 00 or more acres of impact to
native vegetation for example) within the Panther Primary Zone would also be recommended.
According to the United States Fish and Wildlife Service (USFWS) Florida Panther Recovery
Plan, 3nJ Edition, the Panther Primary Zone is identified as "lands essential to the long-term
viability and persistence of the panther in the wild". The Panther Secondary Zone is identified in
the Florida Panther Recovery Plan as "lands contiguous with the Primary Zone, currently used
by few panthers, but which could accommodate expansion of the panther population south of the
Caloosahatchee River".
Review of projects located in Panther Primary and Secondary Zones could potentially affect
project design. CCME Policy 7.1.2 (2) (g) states the following with regards to Florida panther.
"For projects located in Priority I and Priority II Panther Habitat areas, the management plan
shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida
panther (Felis conc%r coryl) by directing intensive land uses to currently disturbed areas.
Agenda Item No. 17C
September 28, 2010
Page 3 of 81
Preferred habitats include pine flatwoods and hardwood hammocks. In turn, these areas shall
be buffered from the most intense land uses of the project by using low intensity land uses (e.g.,
parks, passive recreational areas, golf courses). Golf courses within the Rural Fringe Mixed Use
District shall be designed and managed using standards found in that district. The management
plans shall identify appropriate lighting controls for these permitted uses and shall also address
the opportunity to utilize prescribed burning to maintain fire-adapted preserved vegetative
communities and provide browse for white-tailed deer. These requirements shall be consistent
with the UFWS South Florida Multi-Species Recovery Plan, May 1999, subject to the provisions
of paragraph (3) of this policy."
Paragraph (3) of this Policy states the following.
"The County shall, consistent with applicable GMP policies, consider and utilize
recommendations and letters of technical assistance from the Florida Fish and Wildlife
Conservation Commission and recommendations from the US Fish and Wildlife Service in
issuing development orders on property containing listed species. It is recognized that these
agency recommendations, on a case by case basis, may change the requirements contained
within these wildlife protection policies and any such change shall be deemed consistent with
the Growth Management Plan."
Note that the Priority I and Priority II Panther Habitat areas referenced in the CCME Policy are
now referred to as Panther Primary and Secondary Zones by the USFWS.
The Board reviewed the proposed amendment to the Environmental Advisory COUl1cil Ordinance
on July 27, 2010 (Item 16.A.J I) and authorized staff to advertise the Ordinance for future
consideration.
FISCAL IMPACT:
Approval of proposed changes to Ordinance No. 2009-32 will result in less petitions being taken
to the EAC. Limiting the type of projects to he heard by the EAC will save time and money on
the part of the applicant and County. Pern1itting time would be reduced since scheduling
petitions for the EAC could result in up to two months additional time in the review process.
GROWTH MANAGEMENT PLAN (GMP) IMPACT:
This amendment is required to maintain consistency with GMP CCME Policies 6.1. I (13) and
6.1.8.
LEGAL CONSIDERATIONS:
This item has been reviewed by the Office of the County Attorney and is legally sufficient for
Board action. (STW)
Agenda Item No. 17G
September 28, 2010
Page 4 of 81
RECOMMENDATION:
That the Board approve the amendments to Ordinance No. 2009-32, the Environmental Advisory
Council Ordinance, to maintain consistency with Growth Management Plan (GMP)
Conservation and Coastal Management Element (CCME) Policies 6.1.1 (13) and 6.1.8, and with
LDC amendment to subsection 10.02.02.A.
PREPARED BY: Stephen Lenberger, Senior EnvironmentaJ Specialist, Stormwater and
Environmental Planning Section, Land Development Services Depar1ment, Growth Management
Division - Planning and ReguJation
Attachment: (I) Ordinance Amendment; (2) Map of Panther Primary and Secondary Zones
within the County.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 17C
September 28, 2010
Page 5 of 81
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17C
Recommendation for approval to amend Ordinance No. 2009-32, as amended,
(Environmental Advisory Council Ordinance), 10 maintain consistency with the Growth
Management Plan (GMP) Conservation and Coastal Management Eiement (CCME) Policies
6.1.1 (13) and 6.1.8, and Land Development Code (LDC) amendment to subsection
10.02.02A
9/28/2010 9:00:00 AM
Prepa red By
Stephen lenberger
Community Development &
Environmental Services
Environmental Specialist, Senior
Date
Engineering & Environmental Services
8/16/201010:18:45 AM
Approved By
Judy Puig
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services
Date
8/16/20103:32 PM
Approved By
Norm E. Feder, AtCP
Transportation Division
Administrator. Transportation
Date
Transportation Administration
8/18/201010:24 AM
Approved By
Nick Casalanguida
Transportation Division
Director. Transportation Planning
Date
Transportation Planning
8119/20102:33 PM
Approved By
Steven Williams
County Attorney
Assistant County Attorney
Date
County Attorney
8120/20108"2 AM
Approved By
William D. Lorenz. Jr., P.E.
Community Developmen! &
Environmental Services
Director ~ COES Engineering Services
Date
::ngineering & Environmental Services
8/251'20109:44 AM
Approved By
Therese Stanley
Office of Management &
Budget
Manager - Operations Support - Trans
Date
Office of Management & Budget
9/16/20108:46 AM
Approved By
Leo E. Oens, Jr.
County Managers Office
County Manager
Date
County Managers Office
9119/201010:35 AM
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Agenda Item No. 17C
September 28, 2010
Page 7 of 81
ORDINANCE NO. 10-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2009-32,
AS AMENDED, THE ENVIRONMENTAL ADVISORY COUNCIL
ORDINANCE, BY CREATING A DEVIATION PROCESS PURSUANT TO
CCME POLICY 6.1.1 (13), AND BY REPLACING THE REQUIREMENT
FOR THE REVIEW OF AN ENVIRONMENTAL IMPACT STATEMENT
(EIS) WITH REVIEW OF SPECIFIC ENVIRONMENTAL DATA
PURSUANT TO CCME POLICY 6.1.8 AND LAND DEVELOPMENT
CODE AMENDMENT TO SECTION 10.02.02.A; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Collier County Ordinance No. 2009-32, as amended, sets forth the
establishment, powers and duties of the Environmental Advisory Council; and
WHEREAS, the Board finds that it is now necessary to amend Ordinance No. 2009-32,
as amended, to maintain consistency with the Growth Management Plan Conservation and
Coastal Management Element (CCME) Policies 6.1.1 (13) and 6.1.8.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE, SUBSECTION (2) OF
ORDINANCE NO. 2009-32, AS AMENDED.
Section One, subsection (2) Purpose, as codified in S2- ] ] 92 of the Code of Laws and
Ordinances, is hereby amended to read as follows:
(2) Purpose
The EAC will function to:
A. Advise on the preservation, conservation, protection, management, and beneficial use of
the physical and biological natural resources (atmospheric, terrestrial, aquatic, and hydrologic) of
the County in regard to the safety, health, and general well-being of the public;
Words underlined are added: Words struel: !:MBugh are deleted,
Page 1 of6
.----..-__._, ~~_~'~__""'''''~'''~'_~'~'~4.___,.,_""......___~=___,,,",,,,,,,,,,_,~,__~_
Agenda Item No. 17C
September 28, 2010
Page 8 of 81
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, ineluaillg, but Rat limiteEl te, rer:eaes, aeyeleJ'lmmRs ef regieaal imJ'laet,
j'lreyisiellal lises, slibaivisien master j'llaFls, and J'lJIl1'1Aea llllit ele.. elej'llflent ameaamefttG that are
directed to the EAC by County staff, the BCC, or the provisions of the LDC.
SECTION TWO: AMENDMENT TO SECTION ONE, SUBSECTION (3) OF
ORDINANCE NO. 2009-32, AS AMENDED.
Section One, subsection (3) Powers and Duties, as codified in g2-1 193 of the Code of
Laws and Ordinances, is hereby amended 10 read as follows:
(3) Powers and Duties
The powers and duties of the EAC are as follows:
A. Identify, study, evaluate, and provide technical recommendations to the BCC on
programs necessary for the conservation, management, and protection of air, land, and water
resources and environmental quality in the County;
B. Advise the BCC in establishing goals and objectives for the County's environmental
conservation and management programs;
C. Advise the Bce 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:
Words underlined are added; Words strucL thrs\:lc;Fi are deleted.
Page 2 of6
Agenda Item No. 17e
September 28,2010
Page 9 of 81
F. Serve as the technical advisory committee to advise and assist the COUl1ty in the activities
involved in the development and implementation of the COUl1ty environmental resources
management program as stated in the Collier County GMP;
G. Implement the water policy pursuant to the LDC;
H. Provide an opportUl1ity for public comment on environmental issues, ordinances, and
programs;
1. Implement the provisions of the Conservation and Coastal Management Element of the
Collier COUl1ty GMP during the review process for development petitions and/or plans;
J. Partieipate in the review ana reeemmeBaatien flreeeS3 fer e)(cavatienG ever 599,999 eabie
ylll'Eltr,
,LK Assist in the implementation of any new programs, ordinances, and/or policies adopted
by the BCC which deal with the conservation, management, and protection of air, land, water,
and natural resources and environmental quality in the County;
.K,b. Provide an appellate forum and process to hear disputes between COUl1ty staff and
applicants concerning land development projects and recommend proposed stipulations for
project approval or groUl1ds for project denial for BCC consideration;
M. Flinetien as an en','irenmeatal impact statemeAt (EIS) review beard pursuant to CHapter
10 of the LDC; and
1..N. All preliminary subdivision plat and/or site development plan submissions for
development or site alteration on a shere line anS/er undeveloped coastal barriers or in the Area
of Critical State Concern/Special Treatment (ACSC/ST) zoning overlav 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 lime of either the final plat and construction plans or the final plat.
MG. Scope of land development project reviews. The EAC shall review the following: all
lane! e!eveleflmeflt petitisns 'Nhieh require the following: an en','irenmelltal impact statemeAt
(ElS) per seetien ] 9.92.92 0f the LDC; all develepmellts of regional impaet (DRI); lane!, with
special treatmeAt (ST) or area of eritieal slate eaAeem'speeial treatment (.^.CSC'ST) zonillg
o":erlays; or any petitioR fef T;:hich ea';if8Dnieata.J. issl:les earJlet Be resel':ed bet\\'een tho
applicant and staff and wfiieh is requestea by either party ta be heare! BY the E/.C. The E/.C
shall also re'lie'?' an:,' petitiall vlIHSh requires !lflpreval ef the Callier Ceunty Planning
Words underlined are added; Words struek thre~bh are deleted.
Page3of6
Agenda Item No. 17G
September 28,2010
Page 10 of 81
Cammissiaa (CCPC) ar the Baers afeallBty eamm.issiaRers (BCC) where s~affreeeiYes a refjlieGt
Ham tile ehairmlHl aftlle K^.C, CCPC ar tHe BCC fer tIlat fletitiaa ta Be Fl!'iiewes BY tile EAC.
1. Anv PDD that requests a deviation from environmental standards of the LDC or
anv development order that requests a deviation from the provisions identified in
GMP CCME Policv 6.1.1 (13).
2. Anv petition for which environmental issues cannot be resolved between the
applicant and staff. and which is requested bv either par1v to be heard bv the
EAC.
3. Anv petition which requires a hearing bv the Collier County Planning
Commission (CCPC) or the Board of COUl1tV Commissioners (BCe), and bv vote
of CCPC or BCC requires the petition to be reviewed bv the EAC.
4. Conditional Use (CU) 1?~1itions for commercial excavations which are not par1 of
an approved subdivision.
5. Anv CU or rezone for the following:
a. Undeveloped Coastal Barriers;
b. Area of Critical State Concern/Special Treatment (ACSC/ST) ZOning
overlav, unless an exception or exemPtion pursuant to section 4.02.14
LDC is granted:
c. RFMD District Sending Lands;
L. 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. Anv CD or rezone where the following listed or protected species have heen
identified on site within the last 5 vears:
a. Active bald eagle nests or their nest protection zones:
b. Scrub iav;
c. NeSling crested caracara;
d. Red-cockaded woodpecker (RCW) or aClive RCW cavity trees;
e. Listed wading bird rookeries.
Words underlined are added; Words "!rHo!: lhreHgR are deleted.
Page 4 of6
Agenda Item No. 17G
September 28, 2010
Page 11 of 81
f. Burrowinll owls
I. :\flY J'letitioner may reEjlleot a '.vai','er to #Ie BAC Ileafing reEjlliooment, wilen !lie
fellev;iHg esasiaeretieas are met: 1) Re pretestea BfJeeies Of '.vetlanEl ifflf)aets are
ieelltifiee en tae site; 2) lIR EIS wlIi'.'er has Been aeministt'lltively grantee; 3) ST
zeBiag is )9fessftt 8:f1S 81i administfative apflrEr":al a8:S I:leen gmnteel; or 1) an EIS
..V-8:S previEll:lsly eem.}31etea ana rer:ie":;ea hy staff and hears BY a 13reaeeessor
eEvirsRffl6atal hears, ana that BIg is less tJian 5 years ala (aF if elaer than 5 yeafS,
fillS Been lIJ'leatee within 6 mantas of sllbmittal) lIRa the maoter J'l11lR fer the site
dees not shew greater impaets to !lie J'lre,,'itmsly aesignlltea J'lreseFo.&tion lII'eas.
N. Anv petitioner mav request a waiver of the EAC hearing requirement for amendments to
CO or rezones, where no further impacts or changes in location to previouslv approved preserves
or areas of retained native vegetation are proposed. and no additional species in accordance with
M.6 (above) are identified on site.
1L;!. 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 CX6Cj3t to evaluate the criteria for allowing treated storm water to Be aiscllarged in
Preserves as alJewed in seecien 3.05.07 of the LDC.
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction. such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a par1 of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
Words underlined are added; Words strucl~ thFEH:l.gh are deleted.
Page 5 of6
Agenda Item No, 17e
September 28, 2010
Page 12 of 81
relettered to accomplish such, and the word "ordinance" may be changed to "section," "ar1icle,"
or any other appropriate word.
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Depar1ment of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _day of ,2010.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W. COYLE, Chairman
Approved as to form
and legal sufficiency:
Steven T. Williams .j.), ~
Assistant COUl1ty Attorney iI,\1
04.0213/7
Words lUlderlined are added; Words '\ruel; tlLo.gh are deleted.
Page 6 of6
Conservation & Coastal Management Element
As Adopted by BCC
Agenda Item No. 17C
September 28, 2010
~130f81
EXHIBIT "A"
I.
INTRODUCTION
[New text, page 1]
Subsection 163.3177 (S)(d). Florida Statutes reauires all local governments within the
State of Florida to have, as Par1 of their respective Local Government Comprehensive
Plans, an Element. dealing with "the conservation, use. and protection of natural
resources in the area. including air. water. water recharge areas. wetlands. water wells.
estuarine marshes, soils. beaches, shores, flood plains, rivers, bavs. lakes. harbors.
forests, fisheries and wildlife. marine habitat. minerals. and other natural and
environmental resources."
In 2002. the State Legislature made a change to Subsection ]63.3177 (6) (d), F.S.. which
reauires local Conservation Elements to consider the applicable Water Management
District water supplv plans or water management plans. More specificallv, the
Conservation Element must "assess their current. as well as proiected. water needs and
sources for at least a 1 O-vear period."
In addition to the Conservation Element. Subsection ] 63.3177 (5)( g), Florida Statutes,
also reauires certain desil;nated local governments (including Collier Countv) to have an
element of the local comprehensive plan dealing with coastal management. This Coastal
Management Element must "set forth the policies that shall guide the local government's
decisions and program implementation with respect to the following obiectives:"
]. Maintenance. restoration, and enhancement of the overall aualitv of the coastal
zone environment. including. but not limited to, its amenities and aesthetic values.
2. Continued existence of viable populations of all species of wildlife and marine
life.
3. The orderlv and balanced utilization and preservation, consistent with sound
conservation principles. of all living and nonliving coastal zone resources.
4. A voidance of irreversible and irretrievable loss of coastal zone resources.
S. Ecological planning principles and assumptions to be used in the determination of
suitabilitv and extent of permitted development.
6. Proposed management and regulatorv techniaues.
7. Limitation of public expenditures that subsidize development In high-hazard
coastal areas.
8. Protection of human life against the effects of natural disasters.
Words underlined are added; words 8tr~Gk IR'e"~h are deleted.
--",_. ..--___,_~..._,..~. .,.,"'"'._o.,_o....._.;.-'.__..._.,..,~_._..--."_...'_____.........,,,,'__~__~..._.._,
Conservation & Coastal Management Element
As Adopted by Bee
Agenda Item No. HG
September 28,2010
~140f81
9. The orderly development, maintenance, and use of ports identified in s.
403.021(9) to facilitate deepwater commercial navigation and other related
activities.
10. Preservation, including sensitive adaptive use of historic and archaeological
resources.
The statute further relates the functions of the Conservation and Coastal Elements so that,
in effect, local governments in designated coastal areas, such as Collier County, are
required to prepare a Conservation and Coastal Management Element, which fulfills the
requirements for both Elements. Accordingly, Collier County's Conservation and
Coastal Management Element is divided into thirteen (13) separate goal areas. These
mav be summarized as follows:
I. Protection of natural resources:
2. Protection of surface and estuarine water resources:
3. Protection of groundwater resources:
.4. Protection of freshwater resources:
5. Protection of mineral and soil resources:
6. Protection of native vegetation and wildlife habitat:
7. Protection of fisheries and wildlife:
8. Maintenance of existing air qualitv:
9. Management of hazardous materials and hazardous wastes:
] O. Protection of coastal resources:
II. Protection of historic resources:
] 2. Hurricane evacuation and sheltering; and
13 . Avoiding duplication of reuulations.
Words underlined are added; words .try.l, lArBYQA are deleted.
2
Conservation & Coastal Management Element
As Adopted by Bee
Agenda Item No. 17C
September 28,2010
~150f81
Goals, Objectives and Policies
Conservation & Coastal Management Element
GOAL 1
[N 0 change to text, page 1]
OBJECTIVE 1.1:
[Revised text, page 1]
By ,"HplS! I, 199~, tlle Collier County will eelRf3le!e H1e 6evelefllRefl! ans
ilRf3lelRentatieB continue to develop and implement '* a comprehensive environmental
management and conservation program. which that will ensure that the natural resources,
including State and Federallv listed animal species of Sf3eeial statHS, of Collier County are
properly, appropriately, and effectively identified, managed, and protected. Sl"eeies of
sfJeeial staws are SenRee as speeies !istes iH tRe current "Official Lists ef Easangeres
and Petefl!ially EBaangerea aRd Petelltially EB8aRgerea FaHBa ana Flom ill Flerida",
f3H19lisllea13y the Fleriaa Game ami Fresh 'Vater Fisll COlRffiisGioB.
Policy 1.1.1:
[Revised text, page 1]
By..^..u.;:ust 1, 1999, ap}3eint, aHe establish 013erati8Hal preeedl:H"es for a techHical asYisory
eemmittee to advise and assist the CS1Hlty iB H1e aeti'.'ities invol'.'ea ill H1e aeveloplRellt
aRd ilRplelReflllllioll of tile CeHflty EIl'.'irenmelltal ResoHrees MemagelRent Pre gram..
Collier Countv has established and maintains an Environmental Advisory Council
(EACl. which advises and assists the appropriate Countv agencies. the Collier Countv
Planning Commission (CCPC) and the Board of Countv Commissioners (BCC) in
implementing the Countv's environmenta] resources management programs.
Policy 1.1.2:
[Revised text, page 1]
By the time lRaflaated f8r H1e adoptieB of land aevel8plR6Ht rebHlatioBG pHrGHaRt to
Chapter ](;3.3202, F.S., iBelHding em)' af1IeFl6lRell!s therete ,A,UgHst I, E'g9 iBe01}l8Fllle
the seals, s19jec!ives, and pslicies eOfllaiBed withill iliis ElelRellt iBts the COImty's laBS
de~.'e]oprn0Rt re;ula:tieFls as iFlterim eHYiroIl:ffi0RtaI reS0urces proteetioFl ane maHag;erneRt
standards.
Collier Countv has incorporated the goals. obiectives and policies of this Conservation
and Coastal Management Element into the Collier Countv Land Development Code as
the Countv's standards for environmental resources protection and management. The
Land Development Code shall be revised. to reflect the adoption of new and/or revised
natural resources management and environmental protection standards and criteria.
Policy 1.1.3:
[Revised text, page 1]
By JaRHary ], 1990, tlle C01Hlty will llave ill place aB BfIprsj3riately admiBis!ered alld
professisBall)' staffed s8v6ffiHleRtal 1Hlit eapaIJle of deyelopillb, adrn.inisterillb, and
proviaillb leBs term direetioll for tlle Collier CeHBty EllvirolllRental Reseurces
Manab6mefl! ProbralR.
Words underlined are added; words s!r~GI< IRrS"@A are deleted.
3
'___"_~'_.,_~._._m_.__'.._ __"_~""~_"'~_="".,*.___,_.._
Conservation & Coastal Management Element
As Adopted by Bee
Agenda Item No. 17G
September 28, 2010
~160f81
Collier COUl1ty shall continue to support established environmental policies by
maintaining an appropriately administered and professionallv staffed governmental unit
capable of developing, administering, and providing long-term direction for the
protection and management of the Countv' s environmental resources.
P9liey 1.1.1:
[Deleted text, page 1]
EE.&Hre a€h~C}l::late and effeetive eoordinati8R eety,'00n tHe gRvirenmefltal Ser:iees
Depar1Hl@flt R@SOllfe@B Maflag@l!l@nt Pmgr-am staff afla all otller Iinits of local
gOY@Fflffiental efltities inyolvea iR land IiBe afla/or enyironmefltat aetiviti@s afld
reglilations.
Policy I.l.iS:
IRevised text, page 1 J
I\. '/0 ia linRee@ssary Eilijllieation of effert aRd The appropriate Countv agencies shall
continue cooperation with private natural resource conservation and management
organizations, as well as Regional, State, and Federal environmental agencies and
orgaflizatiens. and will Wwork with other local governments to identify and manage
shared natural resources.
Policy 1.1.2,&:
[Revised text, page 1]
Wilen ae'/eloping tile Collier County shall maintain a conservation program, which
attempt~ to equitably balance the relationship between the benefits deriyed from. and the
costs incurred bv such a program to both the public and private sectors.
P9liey 1.1.7:
I Deleted text, page 1]
Continlie witll the pl1ased preparatioR afld adoption of all natliral reselirees managel!lent
and eB'.ironmental proteetion standar.as afld criteria Reeded for liBe in tile Collier COllflty
lana de';elopmeRt re'.iev.' process. IR1plementatieR sllall oeem Of! afl ammal basis as'
standards aFld criteria are developed.
P9liej' 1.1.8:
IDeleted text, page 2]
Continue with the phased preparatio1l afId adoption of all Flatliral r@solirees mallagement
aRd ew;ironrne1ltal proteetio1l stamlards afId criteria 1leeEied for use in the Collier COlffity
land de';elop1l1e1lt review process. Implem.ef!tatio1l shall occur on a1l al1lmal basis as
staFldards and critelia are de'.eloped.
Policy 1.1.&,9:
[Renumbered tcxt, page 2]
Objective 1.2:
INo change to text, page 2]
Policy 1.2.1:
INo change to text, page 2]
Words underlined are added; words 8tr~91( thr9~~A are deleted.
4
Conservation & Coastal Management Element
As Adopted by Bee
Agenda Item No. 17C
September 28,2010
~170f81
Policy 1.2.2:
[No change to text, page 2)
Policy 1.2.3:
[No change to text, page 2)
Policy 1.2.4:
[No change to text, page 2)
Policy 1.2.5:
[Revised text, page 3)
The S)'stem ~.~:ill ae maiataiaea by the CONety staff ana araatea en a eeereFatiT:e easis ay
ElNalities paalie ana 19riT,'ate erganizatieas.
Collier County's computerized environmental resources data storal!e, analvsis and
I!raphics svstem shall share information and resources with other Federal, State,
Rel!ional. local and private environmental manal!ement al!encies and orl!anizations and
the I!eneral public. The County shall cooperate with these other entities when updatinl!
its system in order that the benefits of the updated svstem mav be shared with all
appropriate al!encies and orl!anizations.
Objective 1.3:
[No change to text, page 3)
Policy 1.3.1:
[Revised text, page 3)
!}Vate: The .:1ssessnlent .'UIS heen e81ftpJ.e~d, ani C~~fP allfe:ublteNts lltlDpted, for t.'re
elltiFe .1sseJSlItent lipell; t{ris ineJ.udei esUchlishing ./\TRP.1s an tlte ~r;:utNJAe LlllU/ [}~ve
.~fllp. T!tel'e RI'e 110 IUllger Ilny illtel'iHI NRPAs 01' 1l1lJ sIoldy IlFeIl5. The GAfP
RHlelld1H2itts IlRsJ11ed ftr the A.ssesslHent ElPBtl liFe TIOW ill cffcet; lleetnvlinglj1, tire ..r'inal
Order issued Sit .,{ulte 22, }999 by the Adlflirli8t-Fatioll CSlluni55i8Jl, JY.'lie-h in2/udetl a
pttl'tial HloMt6riNHI fur MI2 ,1s:;cssmellt IlI'Ca, is 110 /oliger ill effcet.}
[No further changes to this policy.]
Policy 1.3.2:
[No change to text, page 4)
Policy 1.3.3:
[No change to text, page 4]
Policy 1.3.4:
[No change to text, page 41
Policy 1.3.5:
[No change to text, page 4)
GOAL 2
[No change to text, page 5}
Objective 2.1:
[Revised text, page 5]
By January.J,;wgg 2008, the County shall complete the prioritization and bel!in the
process of prepareirrg Watershed Management Plans, which that will adEkess contain
Words underlined are added; words e:trY81< tRreY@h are deleted.
5
~-"._...._.-.'~~..,--~_,..____o._.___w_"__._,.
Conservation & Coastal Management Element
As Adopted by BCC
Agenda Item No. 17e
September 28,2010
~180f81
appropriate mechanisms to protect the CoUl1Iy's estuarine and wetland systems. The
process shall consist of (]) an evaluation of areas for which Watershed Management
Plans are not necessarv based on current or past watershed management planning efforts,
(2) an assessment of available data and information that can be used in the development
of Watershed Management Plans, and (3) budget authorization to begin preparation of the
fIrst Watershed Management Plan by Januarv 2008. A funding schedule shall be
established to ensure that all Watershed Management Plans will be completed bv 2010.
In selecting the order of Plan completion. the COUl1tv shall give prioritv to watersheds
where the development growth potential is greatest and will impact the greatest amount
of wetland and listed species habitats, The schedule and priorities shall also be
coordinated with the Federal and State agency plans that address Total Maximum Daily
Loads (TMDLs). Until the Watershed Management Plans are completed, the County
shall apoly the following as interim standards for development:
a. All new development and re-development proiects shall meet 150% of the
water Quality volumetric requirements of Section S.2.l(a) of the Basis of Review
for Environmental Resource Permit Applications Within the South Florida Water
Management District (Februarv 2(06) stlHlaanls prEJvisieas re~ldired by Draiaage
sue elemeat Veliey 1.8. ] and the retention and detention requirements. and the
allowable offsite discharge rates required bv Drainage Sub-element Policy +06.2
and +06.3. respectivelv:
b. Loss of storage or convevance volume resulting from direct impacts to
wetlands shall be compensated for bv providing an equal amount of storage or
convevance capacity on site and within or adiacent to the impacted wetland.
c. Floodplain storage compensation shall be evaluated for developments
within the designated flood zones "An. "AE". and "VE" as depicted on the Flood
Insurance Rate Maps published bv the Federal Emer\!encv Management Agencv
with an effective date of November 17.2005. Floodplain storage compensation
shall also be evaluated for areas known to be periodicallv inUl1dated bv intense
rainfall or sheetflow conditions.
d. All development located within areas cldrreBtl;' ideBtified as RestoratioB
Projeets as identified ffi on the Soutllwest Florida Draft Feasibility Stlddy fFigure
H shall be evaluated to detelmine impacts to natural wetlands. flowwavs. or
sloughs. For this particular evaluation. natural wetlands. flowwavs. or sloughs
shall be tentativelv identified as contiguous lands having a continual
preponderance of wetland or wet facultative plant species and a ground elevation
through the maior Dortion of the natural wetlands. f1o'W'Wavs. or sloughs at least
one (] ) foot lower than the ground at the edge of the natural wetlands. f1owwavs,
or sloughs~ The edge of the natural wetlands. flowwavs. or sloughs shall be
identifIed bv field detelmination and based UDon vegetation and elevation
differences from the adiacent uplands or transitional wetlands. The Countv shall
require the applicant to avoid direct impacts to these natural wetlands. flo'W'Wavs.
or sloughs or. when not possible. to ensure anv direct impact is minimized and
compensated for bv providing the same convevance capacitv lost bv the direct
impact. The Count v shall adhere to the limiting discharge rates of each basin as
outlined in Ordinance ?001-77. adopted Mav 2? 2001 which amended the
County Water Management Policv and provided basin delineations where special
Words underlined are added; words etr~81< throu~h are deleted.
6
Conservation & Coastal Management Element
As Adopted by Bee
Agenda Item No. 17C
September 28,2010
F2a'gIe 19 of 81
oeak discharl!e rates have been established. The limitinl! discharl!e rates will be
reviewed as a oar1 of the Watershed Manal!ement Plans. and modified accordinl!
to the analvses and findinl!s of the Watershed Manal!ement Plans.
e. All new develooment and re-develooment oroiects shall ensure
surroundinl! orooerties will not be adverselv imoacted from the oro;ect's influence
on stormwater sheet flow.
e,f. Prior to the issuance of a final develooment order. the County shall require
all develooment oroiects to obtain the necessarY state and federal environmental
oermits.
I!. Within one vear of the effective date of these amendments, the County
shall adoot land develooment rel!ulations to require Best Manal!ement Practices of
future develooment or re-develooment oroiects. Best Manal!ement Practices
means structural and non-structural facilities or oractices intended to reduce
oollution either throul!h source control or treatment of stormwater.
Fil!ure I. Restoration Proiect Areas Where Interim Develooment Standard 2. l.d Is
Aoolicable
Policy 2.1.1: [No change to text, page 5]
Policy 2.1.2: [No change to text, page 5]
Policy 2.1.3: [No change to text, page 5]
Policy 2.1.4: [Revised text, page 5]
All Watershed Management Plans sRoHld shall address the following concepts:
a. Appropriate wetlands and uolands servin I! as a buffer to wetlands are conserved;
b. Drainage systems do not del!rade wetland and estuary ecosystems;
c. Surface water that potentially could recharge ground water is not unduly drained
away;
d. When feasible the extent and effects of salt-water intrusion are lessened;
e. The timing and flow of fresh water into the estuaries from the watershed shall, as a
minimum, not degrade estuarine resource value; flfHi
f. The needs of the watershed's natural resources and human populations are balanced;
g. The effects on natural flood plains, stream chan11els, native vegetative communities
and natural protective barriers which are involved in the accommodation of flood
waters; flfHi
h. Non-structural rather than structural methods of surface water management should be
considered first in anal-proposed new works7~
1. Wetland and estuarine habitat functions are conserved and/or enhanced: and
1. Wetland and estuarine ecosvstems will be conserved and/or enhanced usinl! a varietv
of innovative tools. including landowner incentives, oublic acquisition, conservation
easements. and/or transferable develooment rights.
Words underlined are added; words str~81( tRrg~~h are deleted.
7
~..__._._----"""....._~-"_.._,~----".-
Conservation & Coastal Management Element
k, Adopted by BCC
Agenda Item No. 17G
September 28,2010
~200f81
Policy 2.1.5:
(Revised text, page 6]
As Bflproprial@, iategrale @B,..irsllHIeatal reS8HfGeS Bala Gslleetioa, plalilliBg, aRB
ffiaBageffieBt aetivities with tile y;atllr ffiaRageffieat Baoia salEli@s aescriBsB iB stBer parto
sftais PIIHl.
Uoon establishment of the various Watershed Management Plans for Collier County, all
environmental data collection, environmental management and environmental olanning
activities conducted bv Collier CoUl1tv shall be conducted using a basin-by-basin
aooroach.
Policy l.1.l;:
[Deleted text, page 6)
Prsffiste iHtergo\'emmeHtal cosperatisB Betweel1 Csllior Coooty aHa tae ffil1Bicipalities of
Naples and Everglades City for eOHsioteat watersaed rnanagernel1t phlIlBiag.
Policy 2.1.21:
IRenumbered text, page 6]
Policy 2.1.1&:
INew text, page 6]
Collier COUl1tv shall take the lead and oromote intergovernmental coordination between
the Countv and other governmental agencies involved with watershed olanning.
including. but not necessarilv limited to. the municioalities of Marco Island. Naoles and
Everglades Citv, the Florida Deoartment of Environmental Protection. the South Florida
Water Management District. the Florida Fish and Wildlife Conservation Commission. the
U.S. Fish and Wildlife Service. the U.S. Annv Coms of Engineers and other
governmental agencies. The Count v will take the lead and oversee the oreoaration of the
nccessarv watershcd management olans. and wiil reI v upon the work oerformed or data
coilecled bv other agcncies. to the extent that these agencies have data and/or exoerience,
which mav be useful within the watershed basin olanning and management orocess.
Objective 2.2:
INo change to text, page 6]
Policy 2.2.1:
IRevised text, page 6J
Wastewater treatment plants shall not be allowed to discharge directly to rivers, canals or
jurisdictional wetlands unless they meet ~ Florida Dcoartment of Enviromnental
Protection (FDEPl regulations and are not in violation of other Goals. Objectives and
Policies of this Element.
Policy 2.2.2:
INo change to text, page 6]
Policy 2.2.3:
INo change to text, page 61
Policy 2.2.4:
(No change to text, page 6]
Words underlined are added; words etr~ek. thrG~~h are deleted.
8
Conservation & Coastal Management Element
As Adopted by BCC
Agenda Item No. He
September 28,2010
~21of81
Policy 2.2.5:
[Revised text, page 6)
Bv December 3 L 2008. and no less than everv three Years, all eJiistiHg ana futllr-e
stormwater manag;ement svstems shall be inspected and certified bv a licensed Florida
professional eng;ineer regtilarl)' for compliance with their approved desig;n, and ~
feljliirea ta any deficiencies shall be corrected the aeHeieneies. Callier CSlifll)' shall have
ideBti:f:iea a f)f0eess tEl ideBtify steffa:.Yater managemeBt systems teat are Bot meeting
~late '.vater qllalit)' trealHleat stanaams iH effeel at the time sf pFojeet 8p]lFe'..al. IH
ae'..elsj3iHg aHa iffij'llemeatiHg Slich a pmeess, the CaHHll' shall seek glliallflce ana
assistmse [rem the SeHtR fleriaa 'I,Tater ~fanageFReRt Oistrist (Sf'.v~fD) and FDBP.
Objective 2.3:
[No change to text, page 6)
Policy 2.3.1:
[No change to text, page 6)
Policy 2.3.2:
[N 0 change to text, page 7)
Policy 2.3.3:
[Revised text, page 7)
Ia aH attempt ta iHcrease grGliI1a water le'..els aHa ta restere the aatliral Hl'ar8perrea for
the Hatlifiil freshwater illj3ut te the estliariHe s)'stem., aHY futlife meaifieatieH ef pHblic
\,..ater coalrel structHres ia tHe .....atersHea above tHe coatrol structure WHiCH 'kolila amellHt
to SO~( er more eftHe eest af a Hew structure SHall be aesigaea te retaia as mUCH y..ater as
appropriate.
All watershed basin modification activities shall include appropriate detention and
retention criteria. consistent with the rules and reg;ulations of the South Florida Water
Manag;ement District. Big; Cypress Basin Board and Collier COUl1tv, as may be
applicable.
Policy 2.3.4:
[No change to text, page 7]
Policy 2.3.5:
. [No change to text, page 7]
Policy 2.3.6:
[Revised text, page 7]
The COUl1tV will onlv allow Restrict development activities where which will not 5H€h
eeIikI adversely impact coastal water resources. This is implemented throug;h the
following; mechanisms:
a. Require all applicable Federal and State permits addressing; water qualitv to be
submitted to Collier Countv before Collier COUl1tv issues a Final Development
Order.
b. Excluding single familv homes. anv proiect impacting 5 acres or more of
wetlands must provide a pre and post development water qualitv analvsis to
demonstrate no increase in nutrient. biochemical oxvgen demand. total suspended
solids. lead, zinc and copper loading in the post development scenario.
Words underlined are added; words 8tr~GI( thr9~!SR are deleted.
9
Conser.'ation & Coastal Management Element
As Adopted by BCC
Agenda Item No. 17C
September 28, 2010
~22of81
c. Bv January 2008. the Countv shall undertake an assessment of the current model
used to evaluate pre and post development pollutant loadings referenced in (b) of
this Policy. At a minimum, the purpose of this assessment will be to verifY the
accuracy of the model and to provide data evaluating stormwater management
structure design. In reviewing the accuracv of the model. the County will include
an evaluation of the reduction oflake deoths with time and the corresponding loss
of retention yolume, the impact of lake stratification. and the need for aeration.
The assessment will also include the sampling of runoff from undisturbed sites
and from permitted stormwater outfalls for the parameters listed in Paragraph (b)
of this Policy and pesticides. The results of the assessment and recommendations
regarding the pollutant loading analysis. reyisions to current model methodologv,
potential regulatorv restrictions, and further monitoring shall be presented to the
Board of County Commissioners for further direction.
Objective 2.4:
[Revised text, page 7]
By .hme 30, 1998, eom]'llete a draft agreem0Rt with the FlElrida D8]lartmeFlt of
ERvifElRmeRtal ProteetiElR regar.aiRg eoerdiFlaleB aRd eOElj'leFative j'llaRFliRg, maRag0meFlt
aRB m8Rit8riFtg; j'lregrams for Rookery Bay BRd CBj3s RomaFlo TeR ThotlsBRd IslaREls
/\qHatie Preser.'es aRd thei;- ':.'atersaeds. The agreement sRall identifY the j'lr8eess for
RotifyiRg FDEP of Be\'eI8]'lmeRt projeets witll.iR tae watemll.eds of these j'lresefve aJ'eas.
Collier Count v shall continue taking a coordinated and cooperative approach with the
Florida Department of Environmental Protection (FDEP) regarding environmental
planning, management and monitoring programs for Rookerv Bav and Cape Romano ~
Ten Thousand Islands Aquatic Preserves and their watersheds. As part of this process,
the Countv shall continue to notifv FDEP of development projects within the watersheds
of these preserve areas.
Policy 2.4.1:
(No change to text, page 7]
Policy 2.4.2:
[No change to text, page 7J
Policy 2.4.3:
[No change to text, page 7]
Objective 2.5:
INo change to text, page 8J
Policy 2.5.1 :
[No change to text, page 81
Policy 2.5.2:
[No change to text, page 8J
Policy 2.5.3:
[No change to text, page 8]
GOAL 3
[No change to text, page 9)
Objective 3.1:
(Revised text, page 9J
Words underlined are added; words "trusk t"rGH~R are deleted.
10
Conservation & Coastal Management Element
M Adopted by Bee
Agenda Item No. 17C
September 28, 2010
~23 of81
GrelHla water E/Uality shall meet all aflfllieaale P eaeral aHa State '::aler "Halil)' stanaal'as
by Janaary 2002 ana shall Be maiataillea tHereafter. Ground water Qualitv shall meet all
applicable Federal and State water Qualitv standards. Ground water Qualitv shall be
monitored in order to determine whether development activities are contributing to the
degradation of Collier County's ground water Quality. Ground water data and land use
activities will be assessed annually to determine long-term trends and whether the County
is meeting Federal and State regulatory standards for ground water Qualitv. The County
shall require ground water monitoring of land uses in accordance with Chapters 62-520,
62-550 and 62-777 of the Florida Administrative Code. Upon the detection of any
ground water degradation determined through the monitoring process, the County will
notify the appropriate regulatorv agencies.
In a coordinated effort with the United States Geological Survey (USGS). or of its own
accord. the County shall institute a groundwater monitoring network bv 2008, including
the comprehensive inventorv of monitoring wells. an.assessment of monitoring wells
previouslv damaged. and policies to make appropriate well rcoairs and rcolacements.
Objective 3.2:
[No change to text, page 10]
Policy 3.2.1:
[No change to text, page 10]
Policy 3.2.2:
[No change to text, page 10]
Foliey 3.2.3:
[Deleted text, page 10]
/. eemmittee of well eflHtractors and arillers, COllnty staff, Wealth DepartmeBot staff, and
Sellth Plerida '.1,' aler ManagemeBot District slaff '.vill eoHlinHe te e...alllale tHe Heea for
well eOHstruetieH stalldaras that are more ~peeific to Cellier CellHty and reflect Collier
COllnty conditiens.
Policy J.M 3.2.3:
[Revised, renumbered text, page 10]
The Calmly will iHform well eontraeteFs aRa drillers aHa the p1.il3lic OH tHe Hecessily fur
proper well cellstnwtiell aHa hola y:orksheps f()r well drilleFs on pmper teeHlli"Hes f-er
well eenstruEltien in Cellisr Cellnty.
Collier COUl1tv shall continue to provide informational materials and hold informational
workshops (for well contractors, well drillers
importance of following proper well drilling
Countv.
and the general public) concerning the
and construction techniques in Collier
Policy ~ 3.2.4:
[Renumbered text, page 10]
Objective 3.3:
[No change to text, page 10]
Policy 3.3.1:
[N 0 change to text, page 10]
Words underlined are added; words 8lrysk ti'lr8YSi'l are deleted.
II
Conservation & Coastal Management Element
Ao Adopted by BCC
Agenda Item No. 17C
September 28, 2010
~24of81
Policy 3.3.2:
[Revised text, page 10]
Use the results ef this aHalysis te meaify tae ealelilat~a "senes of influeFlse" amI ameBa
the C0fH13fehemsive PlaH to iaeh:uae these areas aE: "e.fr,'irenmeBtally s6asith'e lands".
Collier Countv shall use its three-dimensional computer model to calculate the actual
"cones of depression" around the COUl1!v'S existing potable water wellfields. After at
least] 5 davs publication of the maps of the proposed "zones of protection" for each such
wellfield before each hearing by the EAC, Planning Commission and the Board of
County Commission, the County shall then amend the appropriate elements of this
Growth Management Plan to show such "cones of depression" as "zones of protection"
within the Countywide Future Land Use Map Series.
Policy 3.3.3:
(No change to text, page 10]
Poliey 3.3.4:
(Deleted text, page 11]
CentiFllie to estaelisl1 afla apply t~el1Flisally afla legally asfcFlsillle sriteria for aetCl'IRiniFlg
and mappiFl1; ZOfles of pretectioR.
[Deleted text, page 11]
Former OEJECTIVE 3.3 IInEl Policies 3.3.1, 3.3.2, 3.3.3, 3.3.1 (E1eleteEl]
Objective 3.4:
[No change to text, page 11]
Policy 3.4.1:
[No change to text, page 11]
Policy 3.4.2:
[No change to text, page 11)
Policy 3.4.3:
[Revised text, page 11]
Groundwater qualitv monitoring data shall be AJ:!ssessed n1e aata annually to determine
whether monitoring and evaluation activities aHd Count) OraiRaflces require expansion,
modification or reduction. The data will also be assessed for the purpose of determining
whether Countv groundwater protection ordinanccs should be amended.
Policy 3.4.4:
[No change to text, page III
GOAL 4
[No change to text, page 121
Objective 4.1:
INo change to text, page 12]
Policy 4.1.1:
[No change to text, page 12]
Policy 4.1.2:
[N 0 change to text, page 12]
Words underlined are added; words 8tr~sk tRm~~R are deleted.
12
Conservation & Coastal Management Element
As Adopted by Bee
Agenda Item No. 17G
September 28, 2010
~250f81
Policy 4.1.3:
[No change to text, page 12]
Objective 4.2:
[Revised text, page 12]
The Collier COUl1ty Water-Sewer District and the Collier COUl1tv Water and Wastewater
Authority will continue to promote conservation of its Collier COUl1ty'S potable water
supply and by .^.pril I, I~n, EievelElfl will continue to develop. implement and refine a
comprehensive conservation strategy, which will identify specific goals for reducing per
capita potable water consumption.
Policy 4.2.1:
[No change to text, page 12]
Policy 4.2.2:
[Revised text, page 12]
The COUl1tV shall Nnegotiate agreements with area golf courses to accept and use treated
wastewater effluent for irrigation when and where such treated effluent _ is available
from existing and future wastewater treatment plants.
Policy 4.2.3:
[N 0 change to text, page 12]
Policy 4.2.4:
[No change to text, page 12]
Policy 4.2.5:
[No change to text, page 12]
Polie)' 01.2.&:
[Deleted text, page 12]
E\'alliate and make reeommel1datioBs, where apprepriate, for plliillbiBg fi)[tlires and
hmdseapes that are designed for water eOBser\'atioB pW'floses.
GOAL 5
[No change to text, page 13]
Objective 5.1:
[N 0 change to text, page 13]
Policy 5.1.1:
[Revised text, page 13]
The C8U11t)' shall allm': illiBeral e)[H'aeti8B operations as prO'.'ided iB the Z8BiBg eode.
The Future Land Use Element (FLUE) and the Golden Gate Area Master Plan (GGAMP)
Element of this Growth Management Plan (GMP) delineate futurc land use designations,
districts and/or subdistricts wherein mineral extraction operations are allowed, either bv
right. or through a conditional use permit. The Collier Countv Land Development Code
(LDC) mav allow mineral extraction activities in appropriate zoning districts. consistent
with the provisions and limitations contained within this Plan.
Poliey 5.1.2:
[Deleted text, page 13]
Words underlined are added; words stw8k tRrGY~R are deleted.
13
_._----_.,--"'"~...'"..,.~~~,_._~-=""'_.._....""..._,---,._,~...~~..,-~_.
Conservation & Coastal Management Element
As Adopted by Bee
Agenda Item No. 17C
September 28, 2010
~26of81
/. water IIse ]llan mllst Be ]lreparee BY the aj3j3lieaet aHa Elj3]lFt3Vea B;,' the C8Uflty \'.' ater
MaeagemeRt De]lar1meflt BefeFe flew miHeml 8]leratiofls are ]lermittee.
Policy 5.1.J~:
[Renumbered text, page 13J
Policy &h4 5.1.3:
[Renumbered, page 13J
Depth of excavation and dewatering shall be restricted in areas where saline water can
intrude into the bottom of the pits. (Also, refer to Policy 3.3.1.)
Policy ~ 5.1.4:
[Renumbered, revised text, page 13J
MeHitoriHg shaJ.l Be reljlliree Ie 8elermiHe eeHlj31ianee with ~tate water quaJ.ity staJleares.
MiHiflg aetivities shall ste]l if water ljllality staHeards are violated as a resHIt of tile
mifliHg oj3eratioa. Collier Count v shall monitor the status of all established state water
qualitv monitoring programs for mineral extraction activities. The results of .the
permitted monitoring program shall be copied to Collier COUl1tV. In the event that a
mining operation is in violation of water qualitv parameters established bv the permit.
Collier Count v shall have the right to order a suspension of the mining activities Ul1til the
water qualitv violation is resolved.
Objective 5.2:
[No change to text, page 13J
Policy 5.2.1:
[Revised text, page 131
The Pro;ram ,':ill deuae roclamatioR :;taaetH'd" for tile flmteetioH aHd restoratioa of
wildlife llaBitat.
Reclamation standards for mineral extraction activities shall be as required bv the 1986
State of Florida Resource Extraction Reclamation Act. and as referenced in Section 22-
112. of the Collier Countv Code of Laws and Ordinances. as amended.
Objective 5.3:
[Revised text, page 131
The Collier Countv Enginccling Services Department shall l1eriodicallv On biennial
basis. bebimlillg iH Oetober, 1995. review aHa refille estimates of assess the types, aR4
quantities and location of eKistiH;; minable mineral resources in Collier County, bac;cd iH
iHformatisH eolleetea duriH:; jlreyious biennium.
Policy 5.3.1:
[Revised text, page 13]
The Collier Countv Engineering Services DCl1artment shall Wwork with the Florida
Department of Environmental Protection, aR4 the Florida Geological Survey and local
mining industry oJ1icials to inventory and e':alt<atc assess the existing mineral reserves in
Collier County. The inventorv and assessment will incorporate use of a GIS-based
datahase of all areas within the County that are permilled. either bv right. or through a
Words underlined are added; words etr"ck thrGu~R are deleted.
14
Conservation & Coastal Management Element
As Adopted by BCC
Agenda Item No. 17C
September 28,2010
flagIe 27 of 81
conditional use permit. to conduct mineral extraction operations as well as the volume of
fill that is permitted to be removed for each such active mineral extraction operation.
Objective 5.4:
[No change to text, page 14)
Policy 5.4.1:
[No change to text, page 14)
GOAL 6
[No change to text, page 15)
Objective 6.1:
[Revised text, page 15]
The County shall protect native vegetative communities through the application of
minimum preservation requirements. The following policies provide criteria to make this
objective measurable. These po]icies shall apply to all of Collier COUl1ty except for the
Eastern Lantis Stilt:!)' ~A..rea, fer ToT/flieR pelieies are refll:liree to be adoptee by }JEJ\'emeer 1,
.;woo, that o.ortion of the Countv which is identified on the COUl1tvwide Future Land Use
Map (FLUM) as the Rural Lands Stewardship Area Overlav.
Policy 6.1.1:
[Revised text, pages 15 - 19)
For the County's Urban Designated Area, Estates Designated Area, Conservation
Designated Area, and Agricultural/Rural Mixed Use District, Rural-Industrial District
and Rural-Settlement Area District as designated on the FLUM, native vegetation shall
be preserved oa site through the application of the following preservation and vegetation
retention standards and criteria, unless the development occurs within the Area of Critical
State Concern (ACSC) where the ACSC standards referenced in the Future Land Use
Element shall apply. Notwithstanding the ACSC requirements, this policy shall apply to
all non-agricultural development except for single-family dwelling units situated on
individual IClts or parcels that are not located within a watershed management
conservation area identified in a Watershed Management Plan developed pursuant to
policies supporting Obiective 2.1 of this Element. The standaffis aad eriteria pro?iEled
fur ia this pelicy may ehaa;;e for the area governed by tile Goldea Gate }\rea Master
PlaR, which is currcntly HRder rsstHdy, by Plan ameRdmeat.
(l) For the purpose of this policy, "native vegetation" is defined as a vegetative
community having +,)-25% or less more canopy coverage or highest existing
vegetative strata of mslaleHca or other im'asi?e eKotic native plant species. The
vegetation retention requirements specified in this policy are calculated based on the
amount of "native vegetation" that conforms to this definition.
(2) The preservation of native vegetation shall include canopy, Ul1der-story and ground
cover emphasizing the largest contiguous area possible, which mav include
connection to offsite preserves. The purpose for identifying the largest contiguous
area is to provide for a core area that has the greatest potential for wildlife habitat bv
reducing the interface between the preserve area and development which decreases
Words underlined are added; words Blrwsl\ tAmwllR are deleted.
15
"~-"-~'"'-'--"-'"-"'-;"~---'_.~"~'--'-""------",,-,-.-_-,,~".
Conservation & Coastal Management Element
As Adopted by Bce
Agenda Item No. 17G
September 28, 2010
~280f81
the conflicts from other land uses. Criteria for determinin~ the dimensional standards
of the preserve are to be set out in the Land Development Code.
(3) Areas that fulfill the native vegetation retention standards and criteria of this policy
shall be set aside as preserve areas. All--eOn-site er and off-site preserve areas shall
be iEl@Rtifi@a as separate tracts lIRa protected by a permanent conservation @as@H!@Bt
mechanism to prohibit further development, consistent with the requirements of this
policy. The tvne of permanent conservation mechanism, including conservation
easements. required for a specific development mav varv based on preserve area size.
type 0 f development approval. and other factors. as set forth in the Countv's land
development regulations.
(4) Selection of native vegetation to be retained as preservatisH preserve areas shall
reflect the following criteria in descending order of priority:
a. Wetland or upland A<!reas known to be utilized by animal listed species or that
serve as corridors for the movement of wildlife shall be preserved and protected
in order to facilitate the continued use of the site bv listed species or the
movement through the site. consistent with the requirements of Policy 7. I. ] 'and
7. I .2 of this ~lement.
b. Xeric Scrub. Dune and Strand. Hardwood Hammocks.
f.e. Onsite wetlands having functionalitv scores of at least 0.65 WRAP or 0.7
UMAM. Ul1less permitted for impact preservea pursuant to Policy 6.2.4 of this
Element. WRAP means South Florida Water Management District's Wetland
Rapid Assessment Procedures as described in Technical Publication Reg 001
(September 1997. as updated August 1999). UMAM means Uniform Wetland
Mitigation Assessment Method as described in Chapter 62-345. F.A.C.
ge. IJphHld Habitat shall be part of tHe preservatioH reEjuiremeHt wHeH wetlaHds aloHe
do Hot eOHstimte all of tHe reElHirement. UplaHd Habitats Ha'.e the followiH;;
aescending orser of priority:
h Any upland habitat that scrves as a buffer to a wetland area as identified in
Paragraph (4 )c. above.
o Listed plant aHs aflimal ~;fleeieG habitats.
3. Xeri0 S0mb.
1. DlolHe and StraHs, Hardwood HammEl0ks.
~ "'. Dry Prairie. Pine Flatwoods. and
L ~. All other Hpland native habitats.
d. EllGeptiofls to these prioritie~; are Roted in (7) belElw.
(5) The uses allowable within preserve areas are limited to:
a. Passive recreational uses that do not impact the minimum required
vegetation or cause a loss of function to the preserve area. sUCH as pen'iotis Raturc
trails sr Boardv,oalks are allowed 'xi tHin preserve areas. as long as an)' e1@anH;;
r@Ej"ired to facilitate tHese "ses does HElt iH!pact the H1ifliH!tHIl r@El"ir@s vegetation.
Loss of function to the preserve area includes a reduction or a change in
vegetation within the preserve and harming anv listed species present in the
Words underlined are added; words strysl< thrGY~h are deleted.
16
Conservation & Coastal Management Element
As Adopted by BCC
Agenda Item No. 17C
September 28,2010
~29of81
preserve. More specific standards that implement this policy shall be set forth in
the land development regulations and will address various types of construction
that are compatible with the function of the preserve. The land development
relJulations will also provide criteria to define appropriate passive recreational
uses. The criteria will be established to allow for passive recreational uses such
as trails or boardwalks that provide for access within the preserves, providing the
uses do not reduce the minimum reQuired vegetation or cause harm to listed
specIes.
b. Receipt of treated stormwater discharge where such use, including
conveyance. treatment and discharge structures. does not result in aIW adverse
impacts the naturally occurrinlJ. native vegetation. to include the loss of the
minimum reQuired vegetation and the harm to any listed species according to the
policies associated with Obiective 7. L as determined bv criteria set forth in land
development regulations. Discharge to preserves having wetlands reQuires
treatment that will meet water Qualitv standards as set forth in Chapter 62-302.
F.A.C. and will conform to the water aualitv criteria reQuirements set forth bv the
South Florida Water Management District.
(6) A management plan shall be submitted for preserve areas identified bv specific
criteria in the land development regulations to identify actions that must be taken to
ensure that the preserved areas will maintain natural diversitv and will function as
proposed. The plan shall include methods to address control and treatment of
invasive exotic species, fire management, stormwater management (if applicable),
and maintenance of permitted facilities. J f applicable, a listed species monitoring
program shall be submitted pursuant to Policy 7.1.2 (2) (i). State and federal
management plans consistent with the reQuirements of the LDC will be accepted.
(7) Until the land development regulations addressed in Policv 6. I. I (I l) are developed,
~xceptions, by means of mitigation in the form of increased landscape requirements
shall be granted for parcels that cannot reasonably accommodate both the
preservation area and the proposed activity. Criteria for allowing these exceptions
include:
(a) Where site elevations or conditions requires placement of fill thereby hanning or
reducing the smrvivability 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 can not be relocated
as to protect the existing native vegetation;
(c) Whcre native preservation requirements are not accommodated, the landscape
plan shall re-create a native plant community in all three strata (ground covers,
shrubs and trees), utilizing larger plant materials so as to more quickly re-create
the lost nature vegetation.
(8) Parcels that were legally cleared of native vegetation prior to January 1989 shall be
exempt from this requirement.
Words underlined are added; words str"sl< tRre"QR are deleted.
17
'_~__","~'._._. ~"__."_""'_'_T"_
Conservation & Coastal Management Element
As Adopted by BCC
Agenda Item No. l7e
September 28,2010
~300f81
f91 Presefv~atieB areas sllalllle ialereeIlfleetea wilaiB the site aHa te a6jeimng eff site
preser:atiaa areas aT ~.\'ildlife eemaefS.
(-W2.)Should the amount of wetland vegetation exceed the mmlmum vegetation
requirements as specified herein, retention of wetland vegetation having significant
habitat or hydrologic value is encouraged. Increased preservation shall be fostered
through incentives including, but not limited to: clustered development, reduced
development standards such as open space, setbacks, and landscape buffers, to
allow for increased areas of preserved wetland vegetation. Significant habitat or
hydrologic value is determined by wetland function, not the size of the wetland.
(10) Within one vear of the effective date of these amendments. the County shall adopt
land development regulations that allow for a process whereby a property owner
mav submit a petition reauesting that all or a portion of the native vegetation
preservation retention reauirement to be satisfied bv a monetary payment, land
donation that contains native vegetative communities eaual to or of a higher priori tv
as described in Policv 6.1.1 (4) than the land being impacted, or other appropriate
method of compensation to an acceptable land acauisition program. as reauired bv
the land development regulations. The monetarv payment shall be used to purchase
and manage native vegetative communities off-site. The land development
regulations shall provide criteria to determine when this alternative will be
considered. The criteria will be based upon the following provisions:
a. The amount. type, raritv and aualitv of the native vegetation on site:
b. The presence of conservation lands adioining the site:
c. The presence of listed species and consideration of Federal and State
agencv technical assistance:
d. The type of land use proposed. such as, but not limited to. affordable
housing:
e. The size of the preserve reauired to remain on site is too small to ensure
that the preserve can remain functional: and
f. Right of Wav acquisitions for all purposes necessarv for roadwav
construction. including ancillary drainage facilities. and including utilities
within the right of wav acquisition area.
The land development regulations shall include a methodoJogv to establish the
monctarv value. land donation, or other appropriate method of compensation to
ensure that native vegetative communities not preserved on-site will be preserved
and appropriatelv managed off~site.
(11) Right of Way acauisitions bv anv governmental entitv tor all purposes necessarv for
roadwav construction. including ancillarv drainage facilities. and including utilities
within the right ofwav acauisition area. shall be exempt from mitigation
reauirements.
(12) Although the primary intent of this Policv is to retain and protect existing native
vegetation, there are situations where the application of the retention reauirements
Words underlined are added; words etr"sk thrGw~h are deleted.
18
Conservation & Coastal Management Element
As Adopted by Bee
Agenda Item No. 17G
September 28, 2010
f2agIe 31 of 81
of this Policv 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. Within one year of the effective date of these amendments, the County
shall adopt land development regulations to determine the circumstances for when
creation or restoration is allowed and to specify criteria for creation and restoration.
(13) The County mav grant a deviation to the native vegetation retention requirements of
this Policv, except for the Native Vegetation Retention Requirements Table. and
provisions in Paragraphs I. 2, 3, 6, and 7. Within one year of the effective date of
these amendments, the Countv shall adopt land development regulations to set forth
the process for obtaining a deviation. The regulations shall allow for the granting of
a deviation bv the appropriate review board after a public hearing. and for the
granting of a deviation administrativelv. The County shall consider the amount and
type of native vegetation and the presence of listed species in determining whether
the granting of a deviation requires a public hearing, or mav be granted
administrativelv.
The Countv may grant a deviation if:
a. County. Federal or State agencies require that site improvements be located in
areas which result in an inability to meet the provisions of this Policv. or
b. On or off-site environmental conditions are such that the application of one or
more provisions of this Policy is not possible or will result in a preserve area of
lesser qualitv. or
c. The strict adherence to these provisions will not allow for the implementation of
other Plan policies that encourage beneficial land uses.
Policy 6.1.2:
[Revised text, pages 17, 18, 19]
For the County's Rural Fringe Mixed Use District, as designated on the FLUM, native
vegetation shall be preserved on site through the application of the following preservation
and vegetation retention standards and criteria:
Preservation and Native Vegetation Retention Standards:
a. Receiving Lands:
A minimum of 40% of the native vegetation present, not to exceed 25% of the
total site area shall be preserved.
b. Neutral Lands:
A minimum of 60% of the native vegetation present, not to exceed 45% of the
total site area shall be preserved, except that, for Section 24, Township 49 South,
Range 26 East, located in the North Belle Meade Overlay, a minimum of 70% of
the native vegetation present, not to exceed 70% of the total site area, shall be
preserved. Additionallv. for residential development in Section 24, if the
dwelling units are not clustered. a minimum 01'90% of the slash pine trees present
shall be retained. Further restrictions are identified in the North Belle Meade
Overlav in the FLUE.
c. Non-NRPA Sending Lands:
Calculated at the higher value of 80% of the native vegetation present, or as may
otherwise be permitted under the Density Rating provisions of the FLUE;
Words underlined are added; words etr~Gk thre~!lR are deleted.
]9
,-.. ~->-'~~---~---~----'---'"~----~-'~_ T
Conservation & Coastal Management Element
As Adopted by BCC
Agenda Item No. 17C
September 28,2010
~320f81
d. NRP A Sending Lands:
Calculated at the higher value of 90% of the native vegetation present, or as may
otherwise be permitted under the Density Blending provisions of the FLUE.
e. Provisions a. through d. above shall also be consistent with the wetland protection
policies set forth under CCME Objective 6.2.
f. In order to ensure reasonable use and to protect the private property rights of
owners of smaller parcels of land within lands designated Rural Fringe Mixed Use
District on the Future Land Use Map, 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.
g. Within Receiving and Neutral lands 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.
(1) For the purpose of this policy, "native vegetation" is defined as a vegetative
community having B 25% or less more canopy coverage or highest existing
ve~etative strata of lRelallleea or otller invasive ellotie native plant species. The
vegetation retention requirements specitied in this policy are calculated on the
amount of "native vegetation" that confonl1s to this definition.
(2) The preservation of native vegetation shall include canopy, under-story and ground
cover, emphasizing the largest contiguous area possible, which mav include
connection to oiTsite preserves. The purpose for identifving the largest contiguous
area is to provide tor a core area that has the ~reatest potential for wildlife habitat bv
reducing the interface between the preserve area and development which decreases
the conflicts from other land uses. Criteria for detern1ining the dimensional standards
of the preserve are to be set out in the Land Development Code.
(3)Areas that fulfill the native vegetation rctention standards and criteria of this policy
shall be set aside as preserve areas. All-",On-site '* and of1~site preserve areas shall
be identified as separate lrael, aRB protected by a pern13nent conservation easem6nt
mechanism to prohibit further development, consistent with the requirements of this
policy. The tYpe of conservation mechanism. including conservation easements.
required for a specific development mav varv based on preserve area size. tvpe of
development approval. and other factors. as set forth in the Countv's land
development regulations.
(4) Selection of native vegetalion to be retained as Hte preserve areas shall reflect the
iollowing criteria in descending order of priority:
a. Onsite v,'etlands shall be pr656!','ed j'Rlrsuant to Peliey 8.'.5 of this elen1ent;
!!&.--Wetland or upland A!!reas known to be utilized by animal listed species or that
serve as corridors for the movement of wildlife shall be preserved and protected
Words underlined are added: words etryck thrGY@h are deleled.
20
Conservation & Coastal Management Element
As Adopted by BCC
Agenda Item No. 17G
September 28, 2010
Pag€ 33 of 81
in order to facilitate the continued use of the site by listed species or the
movement of wildlife through the site. This criterion shall be consistent with the
requirements of Policy 7.1.1 and 7.1.2 of this element. Pareels eSHtaiHiHg geflRer
teFtaises seall ]9r616e1 the largest, mast eeBtigl:letis ge13fler tsFteise Habitat ~.~,'itR tRe
gFeatest BamBer sf aeth,s Barrsy.y:s, ana ]9rsY.'iae a eenneetisa to err site adjaeeFlt
ge]9her torteise preser:es.
b. Xeric Scrub. Dune and Strand. Hardwood Han1mocks.
c.e~ Onsite wetlands preserved pursuant to Policy 6.2.5 of this Element;
8. IJ]9laRd haBitat shall be 13art of tRe pFl~ser\'atiElR reEluiremeRt ~.~:ReR y;'/etlanas aleBe
de Ret eORstitute aM Elf tRe reEll::liremeHt. U]9land habitats ha-y,'e the feIley.?iRg
aesccHlliHg sraer sf prien!)':
Q. +. Any upland habitat that serves as a buffer to a wetland area, as identified in
(4)c. above.
2. Listea plGHt aHa aHimal Sfleeies haBitats,
3. Xeric Serub,
1. Dl::lBe and StFand, Han~7:8od Hammeeks,
~ ~. Dry Prairie, Pine Flatwoods, and
,[ &.. All other Hj31aHa natiye habitats.
(5) The uses allowable within preserve areas are limited to:
a. Passive recreational uses that do not impact the minimum required yel!etation or
cause a loss of function to the preserve area. such as per;iolIs Hatllre trails sr
B88i'awallm are a1l8wed 'l:ithiH j3reserve areas, as ISHg as aH)' eleariHg reqllirea to
faeilitate these IIses aoes Hot impaet the miHiml1ffl reEtHired vegetati8H. Criteria
identifying what constitutes a loss of function shall be set forth in the land
development regulations and will address various tvoes of construction that are
compatible with the function of the preserve. The land development rel!ulations
will also provide criteria to define appropriate passive recreational uses. The
criteria will be established to allow for passive recreational uses such as trails or
boardwalks that provide for access within the preserves. providinl! the uses do not
reduce the minimum required vel!etation or cause harm to listed species.
b. Receipt of treated storm water discharl!e where such use. includinl! conveyance.
treatment and discharl!e structures, does not result in adverse impacts on the
naturally occuninl!. native vegetation. to include the loss of the minimum
required vegetation and the harm to anv listed species according to the policies
associated with Obiective 7.1. as detem1ined bv criteria set forth in the land
development regulations. Discharge to preserves having wetlands requires
treatment that will meet water quality standards as set forth in Chapter. 62-302
F.A.C. and will conform to the water qualit v criteria requirements set forth bv the
South Florida Water Management District.
(6) A management plan shall be submitted for all preserve areas identified bv specific
criteria in the land development regulations to identify actions that must be taken to
ensure that the preserved areas will function as proposed. The plan shall include
methods to address control and treatment of invasive exotic species, fire management,
stormwater manal!ement (if applicable). and maintenance of permitted facilities. If
Words underlined are added; words elrY8k tRreY",h are deleted.
21
Conservation & Coastal Management Element
As Adopted by Bee
Agenda Item No. 17G
September 28, 2010
~340f81
applicable. a listed species monitoring program shall be submitted pursuant to Policv
7.1.2 (2)(i).
(7) Off-site preservation shall be allowed to provide flexibility in the project design.
a. Within Receiving and Neutral Lands, off-site preservation shall be allowed for up
to 50% of the vegetation retention requirement.
1. Off-site preservation areas shall be allowed at a ratio of 1: 1 if such off-site
preservation is located within designated Sending Lands or at a ratio of 1.5: 1
anywhere else.
2. Like for like preservation shall be required for Tropical Hardwood and Oak
Hammock vegetative communities.
b. Within non-NRPA Sending Lands, off-site preservation shall be allowed for up to
25% of the site preservation or vegetative retention requirement, whichever is
controlling.
I. Off-site preservation areas shall be contiguous to designated Sending Lands
and shall be allowed at a ratio 01'3: 1.
c. Off-site preservation shall not be allowed in NRP A Sending Lands.
(8) Density Bonus Incentives shall be granted to encourage preservation amounts greater
than that required in this policy. as provided for in the FLUE for Receiving Lands
and Rural Villages. Within one (I) year of the effective date of these amendments,
Collier COUl1ty shall adopt specific land development regulations to implement this
incentive program.
(9) On-site preservation areas shall also conform to the Open Space requirements as
specified in the Future Land Use Element. These preservations shall be part of and
counted towards the Open Space requirements.
(] 0) Existing native vegetation that is located contiguous to the natural reservation shall
be preserved pursuant to Policy 6.5.2 of this element. Natural reservation is defined
as that specified in CCME Objective 6.5 of this element;
(11) Preservation areas ~hall be ifltercOlmected wit-liiFl the site 8fld to adjoiFliBg off si:e
13reservatioft areas or wildlife corridor::;
(~I ] )Should the amount of wetland vegetation exceed the minimum vegetation
requirements as specified herein, retention of wetland vegetation having significant
habitat or hydrologic value is encouraged. Increased prcservation shall be fostered
through incentives including. but not limitcd to: clustercd development, reduced
development standards such as open space, setbacks. and landscape buffers, to allow
for incrcased areas of preserved wetland vegetation. Significant habitat or
hydrologic value is detcrmined by wetland function, not the size of the wetland.
Policy 6.1.3:
INo change to text, page 191
Policy 6.1.4:
IRevised text, page 19)
Ire-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54[
Prohibited invasive exotic vegetation shall be removed from all new developments.
Words underlined are added; words 8IrYGI, thr9"gh are deleted.
22
Conservation & Coastal Management Element
As Adopted by Bee
Agenda Item No. 17G
September 28,2010
~350f81
(I) f<flfllieaatG Petitioners for site plan or plats shall submit and implement plans for
invasive exotic plant removal and ]ong-term control.
(2) The petitioners for development permits shall prepare and submit native
vegetation Mmaintenance plans, which shaH describe specific techniques to
prevent re-invasion of the development site by prohibited exotic vegetation of the
site in perpetuity.
(3) The County shal] maintain a list of prohibited invasive exotic vegetation species
within the Collier COUl1tv Land Development Code and will update it such list as
necessary.
Policy 6.1.5:
[No change to text, page 19]
Policy 6.1.6:
[Revised text, page 19)
fre-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54J
Exemptions from the native vegetation retention requirements of CCME Policy 6.1.2 _
The requirements of tlHs Policy 6.1.2 shall not apply to, affect or limit the continuation of
existing uses. Existing use shall iRG!llde be defined as: those uses for which all required
permits were issued prior to June 19, 2002; or, projects for which a Conditional Ul%se or
Rezone petition has beeR was approved by the County prior to June ]9, 2002; or, land use
petitions for which a completed application flaG beeR was submitted prior to June 19,
2002. The continuation of existing uses shall include expansions of those uses if such
expansions are consistent with, or clearly ancillary to, the existing uses.
(No change to second paragraph of above Policy.)
Policy 6.1.7:
[No change to text, page 20]
Policy 6.1.8:
[Revised text, page 20)
fre-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54J
An Environmental Impact Statement (EIS), or submittal of appropriate environmental
data as specified in the Countv's land development regulations. is required, to provide a
method to objectively evaluate the impact of a proposed development, site alteration, or
project upon the resources and environmental quality of the project area and the
community and to insure that planning and zoning decisions are made with a complete
understanding of the impact of such decisions upon the environment, to encourage
projects and developments that will protect, conserve and enhance, but not degrade, the
environmental quality and resources of the par1icular project or development site, the
general area and the greater community. The Countv's land development regulations
shall establish the criteria for determinin~ the type of proposed development requiring an
EIS. including the size and nature of the proposed development, the location of the
Words underlined are added; words Btr~GI\ thm~~h are deleted.
23
_, _..w,______'''.,....,.,_~._~<"._,....,.._."
Conservation & Coastal Management Element
As Adopted by BCC
Agenda Item No. 17e
September 28,2010
~360f81
proposed development in relation to existing environmental characteristics, the degree of
site alterations, and other pertinent information. /.n gIS shall Be re~red fer:
I. .'.ay site with an ST er :\CSC ST everlay, or withia the BOlffidaries ef Seadiag
Lands Sf NP~n.,\s.
2. .^.ll sites seaward ef the Coastal High Hai3ard .\Tea Be_dar; that are 2.5 or mere
lI6fe&-
3. :\11 sites IBBdward of the CeaGtal High Hazard .\Tea BOUaaaf)' that are teA er mere
lI6fe&-
1. .'.fly ether develeflHleAt er site alteratisa, whieh ia the efliniea sf the develeflmeat
ser"iees direetsr, \':mild ha':e suestllatial iHlflaet UflSA sRvirollHleatal Ejuality.
The EIS reEjHirem8at dees Ret aflflly te a siagle family er dUflleJl Hse eR a siagle let Elf
paree!.
The EIS reEjuifemeat may Be waived sll~eet to the f-ollowiHg:
I. .'.grisHltuml Hses as defiHed iH 9J 5.003(2), iHellldiag a<]HasultHfe f-or Hath'e
speeles.
, .^.fter iRSfleetieR by Celffit)' staff aHa filiHg of a '::ritteA reflort, any land Elf pareel
of laHd has BeeH se alterea as to have irrepamale damage to tile eeelsgisal,
drainage, er grOllHdwa:er reeharge ruRetiBAs; or that the developmeat sf the site
",.ill improve or eorreet the eKistiag eeologieal fHHetioRs or IlOt require aay majsr
alteratioa ef the 8JOistiag landforms, draiaage, or flora aHd fmma elemeats ef the
propertj'. For the plffj'lese of this polie)'. majer alteratioIl shall meaH greater thaH
1 O~~ of the site.
3. EKemptioas shall Bet apply to aHY pareel '::ith aH ST or .^I.CSC ST o':erla)', or
wilfliIl the bouHdaries ef Seadiag LaHds er NR.O.\s eJleept for siagle family hsmes
or as other",'ise all owes BY the ST or .\CSC ST eriteria.
Policy 6.1.9:
(No change to text. page 211
Objective 6.2:
(Revised text, page 211
The County shall protect and conserve wetlands and the natural functions of wetlands
pursuant to the appropriate policies under Goal 6. The following policies provide criteria
to make this objective measurable. n1s.;e f1oliciec; :;l-1all apply to all of Collier COUIlt)'
exeept for tile Eastern LaRds StHd)' .\rea. for which polieies are reqHired to be adoflted bj'
NoyeH-1ber I. '00'. The Countv's wetland protection 110licies and stratel!ies shall be
coordinated with the Watershed Manal!ement Plans as required by Obiective 2.1 of this
Element.
Policy 6.2.1:
(No change to text, page 21(
Policy 6.2.2:
(No change to text, page 21J
Policy 6.2.3:
(Revised text, page 21, 22, 23]
Collier County shall implement a comprehensive process to ensure wetlands and the
natural functions of wetlands are protected and conserved. This wetland preservation and
Words underlined are added: words .lr"GI< thre"~h are deleted.
24
Conservation & Coastal Management Element
As Adopted by BCC
Agenda Item No. 17e
September 28,2010
~370f81
conservation orocess shall be coordinated with the Watershed Manaf!ement Plan orocess,
as referenced in Obiective 2. I of this Element. However, !+:he process outlined within
this policy is primarily based on directing concentrated population growth and intensive
development away from large interconnected wetland systems. These wetland systems
have been identified based on their type, values, functions, sizes, conditions and locations
within Collier County. These systems predominantly occur east of the Countv's Urban
boundary. as delineated on the Countywide Future Land Use Mao (FLUMl. within the
Future Land Use Element (FLUE). Many of these wetlands fall within public lands or
lands targeted for acquisition. High quality wetlands systems located on private property
are primarily protected through native vegetation preservation requirements, or through
existing PUD commitments, conservation easements, or Stewardship Sending Area
Designations, or via the NRP A or Sending designations within the Rural Fringe Mixed
Use District or land/easement acquisition. or innovative landowner incentives. Protection
measures for wetlands and wetland systems located within the Eastem LaRes portioR of
tile COill1t)"s Raral ane ".gFiealtaral .^.Gseosmef1l (eepietee 8R tile FLl'M) will13e aeofltee
prier te Nevem13er J, 2992 northeastern oortion of Collier County. excludinf! the
communitv of Immokalee. are contained in the Rural Lands Stewardshio Area Overlav
(RLSA Overlav) of the FLUE (and as deoicted on the FLUM). Protection. measures for
wetlands and wetland svstems located Wwithin the Urban and Estates designated areas of
the County, tile CoaEt)' ..viII reI)' OR shall be based uoon the jurisdictional determinations
made by the applicable state or federal agency. Where permits issued by such state or
federal agencies allow for impacts to wetlands within Urban and Estates designated areas
and require mitigation for such impacts, tffis the oermittinf! af!encv's mitif!ation
requirements shall be deemed to preserve and protect wetlands and their functions~,
exceot for wetlands that are part of a Watershed Manaf!ement Plan preserve area. The
Countv shall direct imoacts awav from such wetlands.
The large connected wetland systems that exist at the landscape scale in Collier County
shall be protected through various Land Use Designations and Overlays that restrict
higher intensity land uses and require specific land development standards for the
remaining allowable land uses. Collier County shall direct incompatible land uses away
from these large landscape scale wetland systems by throuf!h imolementation of the
following protection and conservation mechanisms:
(I) Conservation Designation
Best available data indicates that 76% of all wetlands fOUl1d in Collier County are
contained within the boaEdar/ boundarics of the lans desigEated as Conservation
Designation as depicted on the Countywide Future Land Use Map.
The overall purpose of the Conservation Designation is to conserve and maintain
the natural resources of Collier County and their associated environmental,
recreational, and economic benefits. The allowed land uscs specified in the
FLUE's Conservation Designation (Reference FLUE Land Use Designation
Section IV.) will accommodate limited residential development and future non-
residential development. These limitations support Collier County's
comprehensive process to direct concentrated population growth and intensive
land development away from large connected wetland systems.
Words underlined are added; words str"GI< t"rg"~h are deleted.
?-
-)
'-"'-----.-._..,,~_"_~_,.__._,~c__,._,..._
Conservation & Coastal Management Element
As Adopted by BCC
Agenda Item No. 17G
September 28, 2010
~38of81
(2) Big Cypress Area of Critical State Concern Overlay (ACSC)
Best available data indicates that 74% of the County's wetlands are within the Big
Cypress Area of Critical State Concern Overlay. The land development
regulations contained in the ACSC Overlay District, as depicted on the
Countywide Future Land Use Map, provide standards that facilitate the goal of
directing higher intensity land uses away from wetland systems. The
development standards for the ACSC Overlay (Reference FLUE Land Use
DeS;i!IJat;on Section V.) s]3eeifles specify that site alterations shall be limited to
10% of the total site. /1. large ]3ereeHlage The majority of the land contained
within the ACSC is also within the Conservation Designation and thus is subject
to the land use limitations of that Land Use Designation. (Ltlnd Use Desigl1tltiEm
&st:OSl1 V.
(3) Natural Resource Protection Areas (NRPAs)
Major wetland systems and regional fIow,ways were used as criteria to establish
the NRPA Overlay District as shown on the Future Land Use Map, and as
discussed in FLUE Land Use Designation. Section V.c. These areas ideHtify
include high functioning wetland systems iH tae Comlly and. although portions of
the NRPA Overlav include lands within thc Conservation Designation, represent
an additioHal approximatclv 12%- of the County~ wetlands, that which are not
located in Conservation Lands. Based on the relatively high concentration of
wetlands within NRP A designated lands, incompatible land uses shall be directed
away from thesc areas. Allowable land uses ffiF within NRP As are also subject to
native vegetation retention and preservalion standards of 90%. (R~1i:;'~'/1ce the
NRP 1 (}l'cr,l"r;1; :hc FLUE.)
(4) Rum/ Fringe Milled lJ:;e Mixed C'I'e District Sending Lands
Best available data indicates that 16.000:1.: acres of wetlands are contained within
designated Sending Lands and that such wetlands constitute eElflstitlltiHg
approximatelv 70%- of land cover in these areas. Incompatible land uses are
directed away from the Rural Fringe Mixed Usc District Sending Lands through
an incentive-based Transfer of Dcvelopment Rights (TDR) Program that allows
land owners within these Sending Lands to transfer their residential dcnsity out of
the Sending Lands to Rural Fringe Mixed Use District (and limited Urban)
Receiving Lands. A complete description of the TDR Program is contained in the
FLUE, Future Land Use Designation Description Section. Agricultural/Rural
Designation. Rural Frint~e Mixcd Use District. Incompatible land uses are also
dirccted away from Sending Lands OJ reotrictin;; through restrictions on allowable
uses. (RL'fi.'.Tnce FLC'E Rw's/ F";"gc M;xed [elL' Di';:r;ct.) Finally, allowable
uses within these lands are also subject to native vegetation retention and
preservation standards of 80% to 90%. as required bv Policv 6.7.1 of this
Element. (Rcfi.';'L'l1cC CCME Po/;e',' 0. ~.J.)
(5) F/owwav Stewardship Areas Ire-numbered to reflect merger of Ordinance No,
2002-32 and 20()2-54}
Words underlined are added; words struel< thrGY~h are deleted.
26
Conservation & Coastal Management Element
As Adopted by BCC
Agenda Item No. 17G
September 28, 2010
~390f81
Flowwav Stewardship Areas have been desilZnated Wwithin the Rural Lands
Stewardship Area Overlay (RLSA). as EleoigBateEl depicted on the Future Land
Use Map, and are shown on the Rural Lands Studv Area Natural Resource Index
Map Series. Flowway Stewardship Areas (FSAs) are primarily for the most Par1
privately owned wetlands that are located within the Camp Keais Strand and
Okaloacoochee Slough. These lands form the primary principal wetland flowway
systems in the RLSA. The Overlay provides an incentive to permanently protect
FSAs By through the creation and transfer of Stewardship Credits;~ It also
contains provisions that eliminate elimiBatisB Elf incompatible uses from the FSAs
and. which establish estalllisRmeat Elf protection measures.
(6) Watershed Manaf!ement Plans
Collier Countv will establish watershed manalZement plans throulZhout the
County, but with par1icular emphasis on the Urban and Estates desilZnated areas.
These watershed manalZement plans shall be established in accordance with
Obiective 2.1 of this Element and will include the preservation.or, where feasible,
creation of landscape-scale wetland conservation areas to act as habitat, natural
water qualitv treatment and water quantitv retention/detention areas. The Countv
shall direct incompatible land uses awav from such large-scale wetlands.
Collier County shall allow for more intensive development to occur in Rural Fringe
Receiving Lands, North Golden Gate Estates, the Rural-Settlement Area District, and the
Urban Designated Areas subject to the land uses identified in the Future Land Use
Element, the Immokalee Area Master Plan, and the Golden Gate Area Master Plan.
These areas account for only 6% of Collier County's wetlands. Except for tidal wetlands
within the coastal portion of the Urban Designated Area and wetlands that are Par1 of an
established watershed management plan, the County finds that the wetland systems in
these areas are more fragmented and altered than those systems located within the
Conservation Lands, ACSC and NRPA O€>verlays, and Rural Fringe Sending Lands.
On a project-specific basis, wetlands and wetland functions shall be protected through the
following mechanisms:
(l) Federal and State jurisdictional agency review and wetland permitting;
(2) Vegetation preservation policies supporting CCME Objective 6.1;
(3) Wetland protection policies supporting CCME Objective 6.2;
(4) Clustering provisions specified in the Rural Fringe Mixed Use District of the
FLUE (Rcfi:rcwc'e FLL'E Run,! Frinr;c M.ixcS L~~c' District.).
(5) The protection of wetlands that are part of an established watershed management
plan. as per Obiective 2.1 of this Element.
(6) Land or easement acquisition.
(7) Land owner incentives. such as transferable development rights, tax relief. or
USDA IZrants for restoration.
Policy 6.2.4:
(Revised text, page 23]
Words underlined are added; words slr~Gk IRrg~!lR are deleted.
27
. ------->-_._._...,"----...,--~"'--,"-,...."'~"-,,_.
Conservation & Coastal Management Element
As Adopted by Bee
Agenda Item No. 17C
September 28,2010
~400f81
Within the Urban Designated area, the County shall rely on the wetland jurisdictional
determinations and permit requiren1ents issued by the applicable jurisdictional agency~,
except for wetlands that are Par1 of a Watershed Management Plan preserve area. The
County shall direct impacts awav from such wetlands.
This policy shall be implemented as follows:
(I) 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~, except for wetlands that
are par1 of a Watershed Management Plan preserve area. The Countv shall direct
impacts awav from such wetlands.
(2) 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 single-family residences, which are not par1 of an approved development
or are not platted. unless the residences are within a watershed management
conservation area identified in a Watershed Management Plan developed pursuant
to policies supporting Obiective 2.] of this Element. in which case the appropriate
iurisdictional permit is required prior to the issuance of a final local development
order permitting site improvements.
(3) Collier County will work with the jurisdictional agencies and applicants to
encourage mitigation to occur within targeted areas of the County including, but
not limited to: Natural Resource Protection Arcas (NRP As): lands targeted for a
acquisition by a public or private conservation entity SHea as CREW laRds: ~
or ftri'.'ate miti;atioB baBles: wetlands that are part of an approved watershed
management plan. as per Obiective 2. I of this Element: and other areas
appropriate for mitigation, such as flow ways and areas containing habitat for
plant or animal listed species.
(4) Within the lmmokalee Urban Designated Area. there mav exists high quality
wetland system~ connected to the Lake TraHord/Camp Kcais Strand system.
These wetlands require greatcr protection measures than wetlands located in other
portions of the Urban Designated Area, and therefore the wetland protection
standards set forth in Policy 6.2.5 shall apply in this area. ,^.:' part oftae CeuBty's
E"ah.atioB aBd ,^.pj3raisal Rel"ort (E/\R). tae CmlBt)' shall identify' this area aBd
mal" its bOHBdaries OR tae FHture LaRd U:;e Map. This area is generallv identified
as the area designated as Wetlands Connected To Lake Trafford/Camp Keais
Strand Svstem on the lmmokalee Future Land Use Map and is located in the
southwest Immokalee Urban designated area. connected to the Lake
Trafford/Camp Keais Svstem. Within one (I) vear of the effective date of these
amendments. the Countv shall adopt land development regulations to dete1111ine
the process and specific circumstances whcn the provisions of Policv 6.2.5 will
mmJy"
Poliey 6.2.5:
I Revised text, page 23 J
(Note: n,is revision applies only to the first paragraph orthe suhject policy.)
Words underlined are added; words 8tr~Gk t"r(l~~h are deleted.
28
Conservation & Coastal Management Element
As Adopted by BCC
Agenda Item No. 17C
September 28, 2010
~410f81
Within the Rural Fringe Mixed Use District. and that portion of the Lake
Trafford/Camo Keais Strand Svstem which is contained within the /mmokalee Urban
Desirmated Area. Collier County shall direct land uses away from higher functioning
wetlands by limiting direct impacts within wetlands based upon the vegetation
requirements of Policy 6.1.2 of this element, the wetland functionality assessment
described below in paragraph (2) below, and the final permitting requirements of the
South Florida Water Management District. A direct impact is hereby defined as the
dredging or filling of a wetland or adversely changing the hydroperiod of a wetland. This
policy shall be implemented as follows:
Policy 6.2.6:
[Revised text, page 25]
Ire-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54J
Within the Urban Designation and the Rural Fringe Mixed Use District, frequiredt
wetland preservation areas, buffer areas, and mitigation areas shall be dedicated as
conservation and common areas in the form of conservation easements and shall be
identified or p]atted as separate tracts; and, in the case of a Planned Unit Development
(PUD), these areas shall also be depicted on the PUD Master Plan. These areas shall be
maintained free from trash and debris and from Category I invasive exotic plants, as
defined by the Florida Exotic Pest Plant Council. Land uses allowed in these areas shall
be limited to those listed in Policy 6.2.5(S)d of this element and shall not include any
other activities that are detrimental to drainage, flood control, water conservation, erosion
control or fish and wildlife habitat conservation and preservation.
Policy 6.2.7:
(Revised text, pages 25, 26J
Within the Estates Designated Area and the Rural Settlement Area. the County shall
rely on the wetland jurisdictional determinations and permit requirements issued by the
applicable jurisdictional agency~. except for wetlands that are part of a Watershed
Management Plan preserve area. The Countv shall direct impacts away from such
wetlands. This policy shall be implemented as follows:
(J) 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.
(2) Outside of Southern Golden Gate Estates and the Big Cvoress Area of Critical
State Concern, Collier County shall inform applicants for individual single-fan1ily
building permits that federal and state wetland permits may be required prior to
construction Ul1less the proposed residence is within a watershed management
conservation area identified in a Watershed Manat:!ement Plan developed pursuant
to policies supportint:! Obiective 2. ] of this Element, in which case the appropriate
iurisdictional permit is required prior to the issuance of a building permit, The
COUl1ty shall also notify the applicable federal and state agencies of single- family
building permits applications in these areas.
(3) Within North Golden Gate Estates and the Rural Settlement Area, Collier County
shall incornorate certain preserved and/or created wetlands and associated uplands
Words underlined are added; words 8tr~sl, tAre"~h are deleted.
29
Conservation & Coastal Management Element
As Adopted by BCC
Agenda Item No. 17e
September 28, 2010
~420f81
into the Countv's approved watershed management plans, as per Obiective 2.1 of
this Element. The size and location of wetlands incorporated into the watershed
management plans will be based upon the approved requirements for such plans.
The County may issue single-familv building permits within or adiacent to such
wetlands, subiect to appropriate mitigation requirements, which preserve the
functionalitv of the wetland within the applicable watershed management plan.
For a proposed residence which is to be located within a watershed management
conservation area identified in a Watershed Management Plan developed pursuant
to policies supporting Obiective 2.1 of this Element. the appropriate iurisdictional
permit is required prior to the issuance of a building permit.
(4)- '.'.'ithin one (I) year oftB.e aaElfltion of these aIDenamenls, Collier COUl1ty shall
continue to work with federal and state agencies to identifY properties that
have a high prollallilities probabilitv of wetlands and eI' animal listed species
occurrence. The identification process will be based on Hbydric soils data
and other applicable criteria. Once this identification process is complete, the
County will determine if it the process is sufficiently accurate to require
federal and state wetland approvals prior to issuing the issuance of a building
permit within these areas. The County shall use tIHs information on wetland
and/or listed species occurrence to inform property owners of the potential
existence of wetlands and/or listed species on their property.
(5) Within one vear after Watershed Management Plans are accepted bv the Board
of Count v Commissioners. Collier Countv shall develop and implement
additional means to Drotect wetland svstems identified in each Plan for
preservation or restoralion. Means to consider include innovative landowner
incentives. transferable dcvelopment rights. tax relief. land or easement
acquisition, state and federal grants. and enhanced regulations.
Policy 6.2.8:
INo change to text, page 26]
Policy 6.2.9:
(No change to text, page 261
OBJECTIVE 6.3:
INo change to text, page 26]
Policy 6.3.1:
INo change to text, page 261
Policy 6.3.2:
(No change to text, page 26(
Policy 6.3.3:
INo change to text, page 26]
OBJECTIVE 6.4:
(No change to text, page 261
Policy 6.4.1:
INo change to text., page 261
Policy 6.4.2:
IRevised text, page 261
Words underlined are added; words Etruek thm""h are deleted.
30
Conservation & Coastal Management Element
As Adopted by BCC
Agenda Item No. HG
September 28, 2010
~43of81
Collier Countv shall ~ontinue to HHl& coordinate with the apjlrejlriate adiacent
Ceounties at a sjlecifiea freEjueBGY Ie aiscllss IIjlcemiFlg when reviewing proposed land
development projects that would have an impact on ecological communities in belh ~
or more of the adiacent Counties.
Policy 6.4.3:
[Revised text, page 27]
The CaHHty shall assist te aDSllfe eaffijlliaflGe with all State llHd Federal RegelatioRs
peFtainiag tEl esaangere8 ase fare s~eeies liT:if!g if! sHeR "shares" eeologieal systems.
Collier County shall continue to coordinate with adiacent governmental jurisdictions
when making management decisions regarding ecological communities shared bv Collier
County and one or more adiacent iurisdictions.
OBJECTIVE 6.5:
[No change to text, page 27)
Policy 6.5.1:
[No change to text, page 27)
Policy 6.5.2:
[No change to text, pages 27, 28)
Policy 6.5.3:
(No change to text, page 28)
GOAL 7
[No change to text, page 29]
OBJECTIVE 7.1:
[Revised text, page 29]
The County shall direct incompatible land uses away from listed animal species and their
habitats. THese policies SHall apjll) to all of Callier CmlRt)' eJlcej3t for tHe EaGtem LllHds
Stlldy ,"-'ea, fer v:hich policies are reEjllired te be adopted by November I, 200'. The
Countv relies on the listing process of State and Federal agencies to identify species that
require special protection because of their endangered, threatened, or species of special
concern status. Listed animal species are those species that the Florida Fish and Wildlife
Conservation Commission has designated as endangered. threatened. or species of special
concern. in accordance with Rules 68A-27.003. 68A-27.004. and 68A-27.00S. F.A.C. and
those species designated bv various federal agencies as Endangered and Threatened
species published in 50 CFR 17.
Policy 7.1.1:
[No change to text, pages 29, 30)
Policy 7.1.2:
[No change to text, pages 30, 31, 32]
Policy 7.1.3:
[No change to text, page 32]
Policy 7.1.4:
[No change to text, page 32]
Policy 7.1.5:
[No change to text, page 32)
Words underlined are added; words etr"GI, thr9""~ are deleted.
31
-- ~-"-"..-,...,------_..~--,-"";.,,_._~,-"
Conservation & Coastal Management Element
As Adopted by Bee
Agenda Item No. He
September 28,2010
~440f81
Policv 7.1.6:
[New text, page 32]
The COUl1tv shall evaluate the need for the protection of listed plants and within one (])
vear of the effective date of this amendment adopt land development regulations
addressing the protection of listed plants.
OBJECTIVE 7.2:
[No change to text, page 32]
Policy 7.2.1:
(No change to text, page 32]
Policy 7.2.2:
[No change to text, page 32]
Policy 7.2.3:
INo change to text, page 321
OBJECTIVE 7.3:
(Revised text, page 32]
Analvsis ofHhistorical data from 1996-1999 shows that the average number of sea turtle
disorientations in Collier COUl1tv is approximatelv equal to 5% of the hatchlings from all
ffital nests in the Countv. Through the following policies. thc County's objective is to
minimize the number of sea turtle disorientations.
Policy 7.3.1:
INo change to text, page 33]
Policy 7.3.2:
[No change to text, page 331
Policy 7.3.3:
INo change to text, page 33]
OBJECTIVE 7.4:
(No change to text, page 33)
Policy 7.4.1:
1'\10 change to text, page 33]
Policy 7.4.2:
INo change to text, page 33]
GOAL 8
1'\10 change to text, page 341
OBJECTIVE 8.1:
INo change to text, page 34]
Policy 8.1.1:
(No change to text, page 34]
Policy 8.1.2:
[Revised text, page 34]
The fire departmeflts afla \],e County will receive complaints concerning air pollution
problems and refer tflem such complaints to the Florida Department of Environmental
Words underlined are added; words Elwck tRre~9h are deleted.
32
Conservation & Coastal Management Element
As Adopted by BCC
Agenda Item No. 17G
September 28,2010
~450f81
RegHlatisH Protection, the Florida Division of Forestry, or the local fire depar1ments as
appropriate.
Paliey 8.1.31
[Deleted text, page 34]
Tee leeal fire 80fJartmeHts, fleriaa Departmeat ef EByirellfBeRtal PreteetieR, and the
Fleriea Dh'isieB of F Elrestry .,.,'ill iFr..estigate ana aet SA eOt=Bf'laims that are sallea ia or
ref.efn~a to l-Hem.
Policy 8...t-.4 8.1.3:
[Renumbered, revised text, page 34]
.^Lutome13i1e emissisBS .....ill Be FeEiHsea fuy tHe peliey of tHe Saeriffs D8fJartmeBt te stefl
smeking yeHieles afla eitaer ..vam Elr tielcet the El}3er::atElr for tRe effease, and BY the }3sliey
of tee CelUlty to r0f:lHlre Bike paths or side.;lallEs OB Be...'." sueciivisiens ana majer Cm.illty
roadwa)'G lIRa iIRfl;8':eIReats.
Collier County shall act to reduce air pollution from automobile emissions through
continuation of the following procedures:
1. The Collier COUl1tv Sheriff's Office will continue to enforce vehicle exhaust
emissions standards.
2. As Par1 of its development review process. Collier Countv will require the
construction of sidewalks, bicycle lanes or bicycle paths in all new subdivisions.
3. The Count v will construct sidewalks. bicvcle lanes or bicycle paths in coniunction
with Countv- funded transportation improvements.
Policy ~ 8.1.4:
(Renumbered, revised text, page 34]
By Jamtar/ I, 2000, the Collier County shall iavestigate tHe Heea for a more continue to
develop and maintain a comprehensive IeeaI countv-wide air quality monitoring program.
GOAL 9
[No change to text, page 35]
OBJECTIVE 9.1:
[N 0 change to text, page 35]
Policy 9.1.1:
[Revised tcxt, page 35]
The plan shall be developed in cooperation with the Southwest Florida Regional Planning
COUl1cil and the local planning committee established under Federal Title Ill, the
Superfund Amendments and Reauthorization Act (SARA).
Policy 9.1.2:
[Revised text, page 35]
The plan shall identify a community coordinator, facility coordinators, and other Federal,
State and local agency contacts (especially for the Qty Cities of Naples. Marco Island
and Everglades Citv) including the responsibilities and duties of each agency.
Words underlined are added: words strysl< thr9Y~R are deleted.
33
._-'^~~-"-""---~_'_______W'___'
Conservation & Coastal Management Element
As Adopted by BCC
Agenda Item No. 17e
September 28, 2010
~460f81
Policy 9.1.3:
[No change to text, page 35]
Policy 9.1.4:
[N 0 change to text, page 35]
Policy 9.1.5:
[No change to text, page 35]
Policy 9.1.6:
[No change to text, page 35]
Policy 9.1.7:
[No change to text, page 35]
OBJECTIVE 9.2:
[N 0 change to text, page 35]
Policy 9.2.1:
[N 0 change to text, page 35]
Policy 9.2.2:
[No change to text, page 36]
Policv 9.2.3:
[New text, page 361
The Collier Countv Pollution Control and Prevention Depar1ment shall work with the
Florida Depar1ment of Environmental Protection (FDEP) to establish a new cooperative
agreement between the Countv and FDEP. The pUllJose of this agreement shall be to
ensure an additional laver of regulatorv oversight in enforcing businesses to be compliant
with federaL state and local hazardous waste management regulations.
OBJECTIVE 9.3:
INo changc to text, page 36[
Policy 9.3.1:
INo changc to text, page 36[
OBJECTIVE 9.4:
[N 0 change to text, page 36]
Policy 9.4.1:
IRevised text, page 36J
The County shall implement provisions of the contract with the Florida Department of
Environmental Protection under the Federal Title ilL the Superfund Amendments and
Reauthorization Act (SARA) provisions in order to avoid any duplication of effort.
Policy 9.4.2:
INo change to text. page 36J
Policy 9.4.3:
I Revised text, page 36]
'';nless staerv.'ise Ilrs':iaed for in CCME Polio) :' .1.1, storabe tank systems sRall adllere
~o wntainmsn'. previsions reqHired in 62 761. FdA..Coo as it existed on /,H;ust ~ I, 1999.
All storage tank svstems in Collier Countv shall adhere to the provisions of Section 67-
761 or 62-762. Florida Administrative Code (F.A.C.) as applicable. Unless otherwise
Words underlined are added; words etruGI( tRmu!'!R are deleted.
34
Conservation & Coastal Management Element
As Adopted by Bce
Agenda Item No. 17C
September 28, 2010
~47of81
orovided for within Section 62-761. F.A.C.. individual stora2:e tank svstems shall adhere
to the orovisions of Section 62-761. F.A.C.. in effect at the time of aooroval of the
stora2:e tank svstem.
OBJECTIYE 9.S Bad Peliey 9.S.1 [deleted]
[Deleted text, page 36)
GOAL 10
[No change to text, page 37]
OBJECTIVE 10.1:
[No change to text, page 37)
Policy 10.1.1:
(Revised text, page 37)
Priorities for water-dependent and water-related uses shall be:
a. Public recreational facilities over orivate recreational facilities;
ab. Public Boat Ramps;
~. Marinas
I . ~60mmercial (public) marinas over private marinas;
2. .Qry over wet storage;
eQ. Commercial fishing facilities;
~. Other non-polluting water-dependent industries or utilities7~
f. Marine suoolv/reoair facilities;
g. Residential develooment.
Policy 10.1.2:
[No change to text, page 37]
Pelicy 11l.1.J:
[Deleted text, page 37]
Priorities for ',vater related HSSS snail be:
a. ReeF~atioRal faeilities
13. MariRe sUflply'!,s]3air faeility
c. Residsntial de\'slepmeHt
Policy w.M 10.1.3:
(Renumbered, revised text, page 37]
In order to minimize the destruction or disturbance of native vegetative communities,
+!he following priority ranking of shoreline development aHa tne rSStlltant asstmetien or
distHr13!lfle~ of Rati'ie vegetative 6effimlffiities for water depeRdeFlt1water related laRd Hses
shall apply:
Words underlined are added: words Etr~8k thr8~~h are deleted.
35
Conservation & Coastal Management Element
As Adopted by BCC
Agenda Item No. 17C
September 28,2010
~480f81
a. areas presently developedi'~
b. disturbed uplands,~
c. disturbed freshwater wetlandsi'~
d. disturbed marine wetlands,~
e. viable, unaltered uplandsi'~
f. viable, unaltered freshwater wetlandsi'~
g. viable, unaltered marine wetlands.
Poliey 10.1.S:
(Deleted text, page 37]
IR sraer ts Jlmte~t maRatees, manRas shall Be ais~oW'agea iR aesigRatea manatee ~ntisal
RaBitat ualess otRer prote~tive measllres are proviaea. (Referoaee Psli~y 7.2.3.)
Policy ~ 10.1.4:
(Renumbered text, page 38)
Policy Mrl-rl1O.1.5:
(Renumbered, revised text, page 38]
Marinas and !ill other water-dependent and water-related uses shall conform to ~ all
applicable poli~ies regulations regarding development in marine wetlands. Marinas and
water-dependentlwater-related uses that propose to destroy wetlands shall provide for
IiGS BY the general public use.
Policy Woh810.1.6:
(Renumbered, revised text, page 38)
All new marinas. water-dependent and water-related uses that propose to destroy viable,
naturally functioning marine wetlands shall be required to perform a fiscal analvsis in
order to demonstrate the public benefit ecsasmic Reea and financial feasibility ffif of the
proposed SHffi dcvelopment.
Policy w.+.910.1.7:
(Renumbered, revised text. page 381
Obiective 10.1 and its accompanving +hese policies and the LDC shall serve as criteria
for the review of proposed development within the "Special Treatment" L"ST"l Zoning
Overlav District. desi;;Rated laRds.
OBJECTIVE 10.2:
(N 0 change to text, page 38)
Policy 10.2.1 :
(No change to text, page 38J
Policy 10.2.2:
(No change to text, page 38]
Policy 10.2.3:
(Revised text, page 39)
,^. ~reait towards aRj' dc':elopea recreatioR ana speR space impaet fee shall Be giveR for
de'ielopmeRts, "'Rich pro'.'ide pliBlic access facilities.
Words underlined are added; words ~tr~8k tRr9~~h are deleted.
36
Conservation & Coastal Management Element
As Adopted by BCC
Agenda Item No. 17G
September 28, 2010
~490f81
Developments that provide public access to beaches, shores and/or waterways mav be
eligible for credit toward any recreation and open space impact fee adopted bv the Collier
County Board of County Commissioners.
Policy 10.2.4:
[No change to text, page 39]
Policy 10.2.5:
[No change to text, page 39]
Policy 10.2.6:
[No change to text, page 39]
OBJECTIVE 10.3:
[N 0 change to text, page 39]
Policy 10.3.1:
[No change to text, page 39]
Policy 10.3.2:
.. {No change to text, page 39]
Policy 10.3.3:
[No change to text, page 39]
Policy 10.3.4:
[Revised text, page 39]
Pllblie e)[peRElitllfe shall Be limited to prsperty acqHi~itioR ami fur pwlie safoty,
eEh::lcatioFl, restoration, eJ~otje rem EP:al, reereatiElB ana TeSSMeR Facilities taat ~.yill not
swslantially alter tHe flatHral eHamcteristies aRE! tHe HaRlr-a1 f1ffietisR sf tHe lffidevelopeEl
eoastal Barrier system.
Public expenditures within Collier Countv's undeveloped coastal barrier svstem shall be
limited to acquisition for pumoses of public safetv. education, restoration. and removal of
exotic vegetation, recreational use. and/or research facilities. Such uses will be allowed
only if the establishment of such use would not substantially alter the natural
characteristics and natural functions of the undeveloped coastal banier svstem.
Policy 10.3.5:
(No change to text, page 39]
Policy 10.3.6:
[Revised text, page 39]
Prohibit construction of structures seaward of the Coastal Construction CORtrol Setback
Line on undeveloped coastal barriers. Exception shall be for passive recreational
structures access crossovers, and where enforcement would not allow any reasonable
economic utilization of such property. In the latter event, require construction that
minimizes interference with natural function of such coastal banier system.
Policy 10.3.7:
(No change to text, page 40]
Policy 10.3.8:
[Revised text, page 40]
Words underlined are added; words etrllsl\ thr811~h are deleted.
37
""'"'>~>"'-'-""'----"-~----""'''-'
Conservation & Coastal Management Element
As Adopted by BCC
Agenda Item No. 17C
September 28,2010
~50of81
Development density on undeveloped coastal barrier systems shall not exceed tile IBwest
density ]lro'/ieee in tile Futare Lana Use ElemeRt. one (I) dwelling unit per five (5) acres
or as alreadv allowed for established legal nonconforming parcels or lots ofrecord.
Policy 10.3.9:
[No change to text, page 40]
Policy 10.3.10:
IN 0 change to text, page 40]
Policy 10.3.11:
[No change to text, page 40]
Policy 10.3.12:
[Revised text, page 401
Re(jliire Encourage the use of the "Planned Unit Development" (PUD) provisions of the
Zoning Ordinance for new developments or redevelopment"s proposed to take place
within areas identified as Coastal Barrier system, with the exception of one single family
dwelling unit on a single parcel.
Peliey ] 0.3.13
[Deleted text, page 40]
These ]38lieies sHall Be imrl6mented tllrouf;fl the e]jstiflf; "ST" zoning; rroeedlims.
Policy ]0.3.11 10.3.13:
[Renumbered, revised text, page 40]
Substantial alteration of the natural grade on undeveloped coastal barriers, 9y through
filling or excavation shall be prohibited except as part of an approved dune and/or beach
restoration program, or as part of a DER approved Vlactewater treatment system or as part
of an approved public development plan for one or more of the uses allowed bv Policv
10.3.4. above.
Policy ]0.".15 10.3.]4:
[Renumbered text, pagc 40)
Policv 10.3.]5:
[N ew text, page 40]
All new development proposed on undeveloped coastal barrier svstems shall be reviewed
throuQh the Countv's existinQ "Special Treatment" ("ST') zoninQ overlav district.
Obiective 10.3 and its accompanving policies shall serve as criteria for such review.
OBJECTIVE ]0.4:
[No change to text, page 40]
Policy] 0.4.1:
(No change to text, page 4]]
Poliey ] 0.4.2:
fNo change to text, page 41]
Poliey ]0.4.3:
[Revised text. page 4])
Words underlined are added; words 81r~8k thrg~~h are deleted.
38
Conservation & Coastal Management Element
As Adopted by BCC
Agenda Item No 17C
September 28, 2010
~51of81
Collier County shall P-I1rohibit activities. which would result in man;:induced shoreline
erosion beyond the natural beach erosion cycle or that would deteriorate the beach and
dUl1e system. Implementation of this policy will be based upon available scientific/coastal
enl!ineerinl! literature/studies that have established benchmarks for natural rates of beach
erosIOn.
Policy 10.4.4:
[No change to text, page 41]
Policy 10.4.5:
[No change to text, page 41)
Policy 10.4.6:
[No change to text, page 41)
Policy 10.4.7:
[Revised text, page 41]
Collier COUl1ty shall P-I1rohibit construction seaward of the Coastal Construction CeBtrel
Setback Line except where tile same such construction would be permitted pursuant to
the provisions of the Florida Coastal Zone Protection Act of 1985. ei' where sai4 such
prohibition would result in no reasonable economic uti]ization of the property in
questions, or for safety reasons. In such cases, construction will be as far landward as is
practicable and effects sllall be minimized on the beach and dUl1e system and the natural
functions of the coastal barrier system shall be minimized.
Policy 10.4.8:
[Revised text, page 41)
Collier County shall allow Gs:,onstruction seaward of the Coastal Construction Control
Setback Line will Be alloy.'ed for public access and protection and activities related to
restoration of beach resources. Such Gs:,onstruction seawanl of tae CsastaJ Conotructisn
CSBtrol Line. shall not interfere with sea turtle nesting, will utilize native vegetation for
dUl1e stabilization, will maintain the natural beach profile, will minimize interference
with natural beach dynamics, and. where appropriate. will restore the historical dunes iHl4
'."ill vegetate with native vegetation.
Policy 10.4.9:
[Revised text, page 41)
Collier Countv shall prohibit &,;;eawall construction on properties fronting the Gulf of
Mexico shall be prollibited except in e)[trsme cases of Ilardoaip instances where erosion
poses an imminent threat to existing buildings.
Policy 10.4.10:
[Revised text, page 41]
The Countv shall prohibit :Vyehicle,;; traffic sr traffic on the beaches and primary dunes
sllall be preaibitea except for the following;
1, Emergency vehicles responding to incidents.
2. VehicIes associated with BRa appro'led environmental maintenance,
environmental monitoring. or conservation purposes~
Words underlined are added; words strysl\ thrgy~A are deleted. 39
.-.-.-'-".------...~..~..-^ ..".... -_...,_.,....~~.___~,~...<...,,~......__,...'__,_H.__._.
Conservation & Coastal Management Element
M; Adopted by Bee
Agenda Item No. 17C
September 28, 2010
~520f81
3. Vehicles limited to set-up and removal of equipment of permitted events, in
coniunction with permanent concession facilities. or permitted uses of commercial
hotels.
4. Beach rakin(! or beach cleanin(!.
.i. Vehicles needed for beach nourishment or inlet maintenance
6. Vehicles necessary for construction that cannot otherwise access a site from an
upland area.
Tae CS<lat)' saall eRf-orce tHis r-eEJ.<Iiremeat v:ita tae existiRg VeRiele SR the Beaea
Onliaanee. Vehicles shall be operated in a manner that does not ne(!atively impact the
beach or dune environment. Additional protective re(!ulations shall apply durin(! sea
turtle nestin(! season.
Policy 10.4.11:
(No change to text, page 42]
Policy 10.4.12:
(Revised text, page 42]
In permitting the repair and/or reconstruction of shore parallel engineered stabilization
structures, require. where appropriate, at a minimum:
a. All damaged seawalls will be replaced with, or fronted by. riprap.
b. Where appropriate, repaired structures will be redesigned and/or relocated
landward to ali(!n with adiacent structures.
Policy 10.4.13:
(No change to text, page 42]
OBJECTIVE 10.5:
INo change to text, page 42]
Policy 10.5.1:
[No change to text, page 42J
Policy to.5.2:
INo change to text, page 421
Policy 10.5.3:
[No change to text, page 42J
Policy 10.5.4:
[Revised text, page 42]
Prohibit construction of any structure seaward of the Coastal Construction Setback
CORtrol Line. Exception shall be for passive recreational structures access crossovers,
and where enforcement would not allow any reasonable economic utilization of such
property. In the latter event. require construclion that minimizes interference with natural
function of such beaches and dunes.
Policy 10.5.5:
[Rcvised text, pagc 42J
The Countv shall gP-rohibit motorize vehicles on the beaches and dunes except for
emergency. environmental monitorinl( and environmental maintenance purposes. +He
Words underlined are added: words otr"el< thr9"~h are deleted.
40
Conservation & Coastal Management Element
As Adopted by Bee
Agenda Item No. 17G
September 28, 2010
~530f81
Ceooty saalI eRferee this reEJ.1:liremeat ~.\'ith tHe eJtisting '/ ekiele OR Tee Beadl
Onlisane6.
Policy 10.5.6:
[No change to text, page 42]
Policy 10.5.7:
[No change to text, page 42]
Policy 10.5.8:
[No change to text, page 43]
Policy 10.5.9:
[Revised text, page 43]
Prohibit construction seaward of the Coastal Construction Cestrol Setback Line except
as follows:
a. Construction will be allowed for public access;
b. For protection and restoration of beach resources;
c. In cases of demonstrated land use related hardship or safety concerns as
specified in The 1985 Florida Coastal Zone Protection Act, there shall be no
shore armoring allowed except in cases of public safety.
Policy 10.5.10:
[No change to text, page 43]
Policy 10.5.11:
[Revised text, page 43]
The County will waive all other non-safety related setback requirements and site planning
requirements before allowing construction seaward of the Coastal Construction CClRtrol
Setback Line.
Policy 10.5.12:
[No change to text, page 43]
OBJECTIVE 10.6:
[No change to text, page 43]
Policy 10.6.1:
[Revised text, page 43]
In addition to those applicable policies supporting Objectives 10.1, J 0.2, 10.3, 10.4, and
10.5, development within the County's coastal zone shall also meet the following criteria:
I. Densities on the following undeveloped coastal barriers shall not exceed
unit per 5 acres;
a. Wiggins Pass Unit FL-6SP,
b. Clam Pass Unit FL-64P.
c. Keywaydin Island Unit p.] 6,
d. Tigerta.il URit fL 83 P,
eQ. Cape Romano Unit P-IS.
Words underlined are added; words str"sl< thrG"~h are deleted.
41
Conservation & Coastal Management Element
As Adopted by BCC
Agenda Item No. 17C
September 28, 2010
~ 54 of81
2. Site alterations shall be concentrated in disturbed habitats thus avoiding
undisturbed pristine habitats (Reference Policy 10.1.4).
3. Beachfront developments shall restore dUl1e vegetation.
4. Projects on coastal barriers shall be landscaped with native Southern Floridian
species.
S. Boathouses, boat shelters and dock facilities shall be located and aligned to
stay at least 10 feet from any existing seagrass beds except where a
continuous bed of seagrass exists off of the shore of the property, in which
case facility heights shall be at least 3.5 feet NGVD, terminal platforms shall
be less than 160 square feet and access docks shall not exceed a width of four
(4) feet.
6: The requirements of this policy identify the guidelines and performance standards
for undeveloped coastal barriers and estuarine areas that are contained within the
County's coastal barrier and estuarine area Natural Resource Protection Area
(NRP A - reference CCME Policv 1.3. n. These guidelines and standards
therefore satisfy the requirements of CCME Policv 1.3.1.
P9liey 111.0.2:
[Deleted text, page 44]
The reqHircments of Peliey 10.6. I identifies the gaideliees aRd ]3erfermaRee stafldanls fer
the lIflaeveloped eeastal barriers aHd eGtuaries eeetained v:ithin the eeastal barrier aRd
estHarine NRP'^. (CCME Poliey 1.3.2). These staRdards ilierefore satiofy the
reElllirements of CCME Poliey 1.3.0.
Policy ~ 10.6.2:
[Renumbered text, page 44]
Policy 10.6.3:
[No change to text, page 44]
GOAL 11
INo change to text, page 45]
OBJECTIVE 11.1:
[No change to text, page 451
Policy 11.1.1:
[No change to text, page 45]
Policy 11.1.2:
INo change to text. page 45]
Policy 11.1.3:
[No change to text, page 45J
GOAL 12
[No change to text, page 46]
OBJECTIVE 12.1:
[Revised text. page 461
Words underlined are added; words elrY81\ threY~R are deleted.
42
Conservation & Coastal Management Element
k. Adopted by BCC
Agenda Item No. 17C
September 28,2010
~550f81
The County will maintain +994, hurricane evacuation clearance times as required bv state
law. far a Categery 3 slaFIH at a HHlltimlffil af 28 aallfs as BeRRes BY the Selilhwest
Floriaa Regional Planniag Cetlfleil Rl::lffieane EV8e1:iaiie:a ~t.1:iay UfJaate, a.Ba reel:iee that
time fFame by 1995.' t8 2:.2 a8l:irS. ~'\etiT;ities \'lill ifJ.elaGe ea site saelteriag feI'mebile
fleme de'...elepmeats, ifJ.sreasea saelter SfJaee, ElBa mainteBanee 0 f eEIual Sf leT.T:er aensities
of the Category I e":aeaatiea ZSDe as aefiBea ifl the 15.'96 SeHYr.'-:est Flonga RegieBal
PlanniRg Ce1H1eil HHFFi6flBe g','aeliatiaR 5mB)' Uj3Bale. An evacuation clearance time
shall be defined as having residents and visitors in an appropriate refuge awav from storm
surge prior to the arrival of sustained Tropical Storm force winds. i.e., winds equal to or
greater than 39 mph. To further these obiectives, for future mobile home developments
located outside of the storm surge zone, such development shall include on-site sheltering
or retro-fitting of an adiacent facilitv. The Collier Countv Emergencv Management
Department shall seek opportunities to increase shelter facilities and associated capacities
under the direction of the Department of the Florida Division of Emergencv
Management.
Policy 12.1.1:
[Revised text, page 46]
,^. esmprehessi\'e awareRess pmgrarn ,,:ill Be developed and pHslieizeB j'lrior Ie may 30ll>
of ea6h year. EvaeliatioR zones aRd reHtings SHall Be printed in each Iscal Rewspa[ler.
This iRfeFIHatieR shall Be maae reaeily ayailal3le te all hete]1metel gliesh
Collier Countv will develop and maintain A!! comprehensive public awareness program
will be deyelspea amI. The program will be publicized prior to May 30th of each year.
Evacuation zones, public shelters and f8HtingS evacuation routes shall be printed in each
local newspaper. displaved on the Collier Countv Emergencv Management website, and
the availabilitv of this information will be discussed on local television newscasts. This
information shall also be made readily available to all hotel/motel guests.
Policy 12.1.2:
(No change to text, page 46]
Policy 12.1.3:
jRevised text, page 46]
The County shall continue to identify and maintain shelter space that eemplies with Red
Cross stassards for 45,000 32.000 persons by .J..9.9& 2006 and 80,000 45,000 by ;:!OO;l,
2010. Shelter space capacitv will be determined at the rate of 20 square feet per person.
Policy 12.1.4:
[Revised text, page 46J
The County shall continue to maintain hurricane shelter requirements and standards ~
hHfficaR8 shellers for all new mobile home parks and mobile home subdivisions. or
existing mobile home parks and mobile home subdivisions in the process of expanding,
which are accommodate or contain 26 units or larger iR size more. Such mobile home
parks or mobile home subdivisions shall be required to provide emergency shelter space
on-site, or to provide funding to enhance one or more existing public shelters off-site.
The B-Quilding. which provides the on-site shelter space (if this option is chosen), will be
Words underlined are added; words str"81< Ihr9H~h are deleted.
43
Conservation & Coastal Management Element
As Adopted by see
Agenda Item No. 17G
September 28, 2010
~ 56of81
of such a size as to hffitse provide shelter to park or subdivision residents at the rate of 20
stt- square 4f feet per FesiaeBt person. For the purposes of this policy, RBsiaeat size will
Be estimatea BY EP:eFaging park pElpHlatiElB Eiw'iBg the JlIDe NsvemBer time frame. the
size of the on-site shelter structure shall be determined bv estimating the park or
subdivision population during the June-November time frame, based upon methodologies
utilized by the Collier County Emergency Management Depar1ment. OB site shelters
sRall Be ele...atea tEl a minimllffi keight e~al ts SF ElBEl':e tile .,,:erst eElse CategeFY 3
klilTieane fleeaiag level atiliziBg the elWFeat J>latiElBlll Oeellflie ana ,^.imoSflaeFie
/..dmiaistratieB's stenm sarge FResel, kn0T,T,'f} as Sea, Lake, and O\'erlaFls SaFges fr0ffi
Hurrieanes (SLOSH).; Tae aesign ana eOBotnletieH eftlle reEjwrea saBltBm sHall Be
guided BY tae wiRa loads applied te BlIilwBgs and slnlctW'es aesigaated as "essential
facilities" iR the latest StaBdaffi BlIilsiBg Cese, TaBle 1205. S:kelters sHall be eOBslnletea
witB aseEjllate emergea()y eleetneal power aI'ld petallle water sllflplies; saall pF8':iae
adeEjllale glass prElte()tieR by skutters or boar-ds; and skall pro".ide fElr ElSeEjHale
vm'llilatioB, saBitElry facilities aI'lS first aid eqliiprFwBt. .^, telepBoRe aBd battery Elperated
telepBoH6 is alGEl reqliired witkin the skelter. .
Policy 12.1.5:
INew text, page 46]
On-site shelters within mobile home parks or mobile home subdivisions shall be elevated
to a minimum height equal to or above the worst case Cate~orv 3 hurricane flooding
level. based upon the most current National Oceanic and Atmospheric Administration's
storm surge model. known as Sea. Lake, and Overland Surges from Hurricanes (SLOSH).
The wind load criteria for buildinl!s and structures designated as "essential facilities" in
the latest Florida Building Code. shall l!uide the design and construction of the required
sheltcrs. Shelters shall be constructed with emergencv electrical power and potable water
supplies: shall provide glass protection bv shutters or other approved material/device: and
shall provide for ventilation. sanitarv facilities and first aid equipment. A telephone,
automatic external defibrillator (AED) and batterY-operated radio are also required within
the shelter.
Policy ~ 12.1.6:
(Renumbered, revised text, page 46]
The D4irectors of the Transportation Planning and Emergency Management Depar1ments
will review, at least annually. evacuation route road improvement needs to as5lIre ensure
that necessary improvements are iaeorporW,ed reflected within the Capital lmpro';ement
ana Traffic Circulation Element projects. as indicated in Table I Clf the "^,ppendi)~ Table
A. the Five-Year Schedule of Capital Improvements. as contained within the Capital
Improvement Element of this Growth Management Plan.
Policy ~ 12.1.7:
IRenumbered. revised text, page 47)
The County shall update the hurricane evacuation portion of the Collier County
Peaeetim6 EmerbeHey Comprehensive Emergencv Management Plan prior to June 1" of
each year by integrating all appropriate regional and State emergency plans in the
identification of emergency evacuation routes.
Words underlined are added; words gtr"ek l~r8Y~~ are deleted.
44
Conservation & Coastal Management Element
As Adopted by Bee
Agenda Item No. 17G
September 28,2010
~570f81
Policy ~!l:.!.:l!.:
[Renumbered text, page 47]
Policy 12.1.8!b!:2:
[Renumbered, revised text, page 47]
Collier Count v shall annually uodate its aooroved Hazard Mitigation Plan, formerlv
known as the "Local Hazard Mitigation Strategv" through the identification of new or
ongoing local hazard mitigation oroiects and aoorooriate funding sources for such
orojects.
Policy HJ..912.1.10:
[Renumbered, revised text, page 47]
CSBstfllet Aall new Public Safety facilities in Collier COUl1tv will ~ be flssllflr-osfea
flood-resistant and designed to meet ~ 155 mph wind load requirements and shall have
orovisions for back-uo generator oower.
Policy 12.1.1 0 12.1.11:
[Renumbered, revised text, page 47]
The County will continue to coordinate with Collier County Public Schools to ensure that
all new public schools outside of the Coastal High Hazard Area are ~ designed and
constructed to meet the Public Shelter Design Criteria, as contained in "State
Requirements for Educational Facilities" (.J.9.9.+ ]999), SectisH 5.1(15).
Policy 12.1.1112.1.12:
(Renumbered, revised text, page 47]
The COUl1ty will continue to work with the Board of Regents, of the State University
System to ensure that all new facilities in the State University System that are located
outside of the Coastal High Hazard Area are ~ designed and constructed to meet the
Public Shelter Design Criteria, as contained in "State Requirements for Educational
Facilities" (.J.9.9.+ 1999), Seeti(JR 5.1(15) and the Florida Building Code.
Policy 12.1.1212.1.13:
(Renumbered, revised text; page 47]
The County will continue to mitigate previously identified shelter deficiencies through
mitigation from Developments of Regional Impact, Emergency Management
Preparedness and Enhancement grants, Hazard Mitigation and &, Pre-disaster Mitigation
Grant Programs funding, and from funds identified in the State's annual g~helter f)Qeficit
g~tudies.
Policv 12.1.14:'
[New text, page 47]
Prior to adootion of the 2007 Annual Uodate and Inventorv Reoort (A.U.I.R.l. Collier
County shall evaluate whether to include hunicane shelters in the S-vear schedule of
Caoitallmorovements.
Policy 12.1.13 12.1.15:
[Renumbered, revised text, page 47]
Words underlined are added; words Blr~sl\ Ihr8~~R are deleted.
45
. --"""""-~~~.'-'~--_.."-_-..-~,.,-~.,.
Conservation & Coastal Management Element
As Adopted by BCC
Agenda Item No. 17C
September 28, 2010
~580f81
All new nursing homes and assisted living facilities that are licensed for more than 15
clients will have a core area to shelter residents and staff on site. The core area will be
constructed to meet the Public Shelter Design Criteria that is required for new public
schools and public community colleges and Ul1iversities ("State Requirements for
Educational Facilities," 1999). Additionallv this area shall be capable of ventilation or air
conditioning provided bv back-up generator for a period of no less than 48 hours.
Policy 12.1.11 12.1.16:
[Renumbered, revised text, page 47]
The Cetmty ',,'ill emlsiaer estaeli~hiRg aRe ,yay e'/aeliatiaR reHtes OR CaliRty RlaiRtaiRed
reads f-er steRR eveRts that haye the potential f-er iR1IflaatiRg lew lyiRg paplilatea areas.
The County will coordinate with the Florida Department of Transportation fDOT te
eonsiaer on its plans to one-wayiflg evacuation routes on State maintained roads that are
primary evacuation routes for vulnerable populations.
Policy 12.1.1 7
[New Text, pages 471
Collier County is conducting a Hurricane Evacuation Studv. If warranted bv the results
of that study. further restriction on development mav be proposed.
OBJECTIVE 12.2:
(Revised text, pages 47, 48]
The COlolllty shall 0Rsare iliat BlfilEliRg ood development aetiyities are earned Ololt iR a
mafl1ler, '::hieR miRimizes the danger to life and property from Rlfrrieooes. The pHelie
shall limit its eJ,pef!ditures im'eh'iRg BeacR aRa alffie re~taration ana ref!Ouric;RmeRt, read
repair pusliely oWRed seawalls, doekiRg alia parkiFlg areas. ,'.11 fliture URim]3royed
requests for de';elopmeRt if! the eoa~talRigh haozara areas v:ill Be aeRiea.
The Count v shall ensure that publiclv funded buildings and publiclv funded development
activities are carried out in a manner that demonstrates best practice to minimize the loss
of life. propertv. and re-building cost from the affects irom hurricanes, flooding. natural
and technolouical disaster events. Best practice efforts muv include. but are not limited
to:
a. Construction above the flood plain;
b. maintaininu a protective zone for wildfire mitigation:
c. installation of on-site permanent uenerators or temporarv generator emeruency
connection points;
d. beach and dune restoration. re-nourishment. or ememencv protective actions to
minimize the loss of structures from future events;
e. emeruencv road repairs:
f. repair and/or replacement of publiclv owned docking facilities. parkinu areas. and
sea walls, etc.
Poliey 12.2.1:
[Revised text, page 481
Words underlined are added; words slr""I, th'9"@t.l are deleted.
46
Conservation & Coastal Management Element
As Adopted by BGG
Agenda Item No. 17C
September 28, 2010
~ 590f81
The Hazard Mitigation section f_-.ne)( of the Collier County j'leaeetime Comorehensive
Emergency Management Plan ~ (CEMP) shall continue to be reviewed and updated
every three (3) four (4) years beginning in +9&& 2005. The DH'eslor shall also iassfjloFale
hazard mitigatieB refHJrts :B:em ether ageBeies iBt0 the Peaeetime BmeFgea6Y Plan. This
periodic update of the CEMP shall include a review and update (as may be necessarY) of
the Countv's hurricane evacuation and sheltering procedures.
Policy 12.2.2:
[Revised text, page 48]
Within the coastal high hazard area, !+he calculated needs for public facilities~
rePresented in the Annual Update and Inventorv Report (A.U.I.R.) and Five-Year
Schedule of Capital Improvements, will be based on the County's adopted level of
service standards and projections of future growth allowed bv the j'lfsjeetioas wilhiR the
eoastal high hazara area. The Future Land Use Element~ limils Re':: r-esiaefltial
de~.'ele}9ment, (taus eeligatieR to mFrGstl1::leture en~}geBait.ares) t8 a maJciml:tffi of t:our
dy;elliRg units fl0r gress aere. ~::ithiR the 0eastal High ha-zard area;" In additiefi, eKisting
zSRiRg Rot vested shall be Fe evallialell wilhiR t1wee years aRa ma;,' eaange 10 a aeRsity
level seRsisteRt with the FulHre LaREI Use ];]emoflt.
Policy 12.2.3:
[No change to text, page 48]
Policy 12.2.4:
[Revised text, page 48]
The County shall maintain requirements for structural wind resistance as stated in the
latest appFoved edition of the SOHthom Florida Standai'd Building Code.
Policy 12.2.5:
[Revised text, page 48]
The COUl1ty shall consider the ~60astal Haigh Hhazard Aarea as thai, a geographical area
lying within the Category I storm surge e'.aGliatioR zone as presentlv defined in the 2001
Southwest Florida Regional Planning Council~ Hurricane Evacuation Study. Update or
subsequentlv authorized storm surge or evacuation planning studies coordinated bv the
Collier Count v Emergencv Management Department and approved bv the Board of
Countv Commissioners.
Policy 12.2.6:
[No change to text, page 48]
Policy 12.2.7:
[Revised text, page 48)
The County shall continue to assess all uRimJ'lroved undeveloped property within the
coastal high hazard area and make recommendations on appropriate land use.
Palicy 12.2.8:
[Deleted text, page 48]
PHillie faGilities that are E18j'leREleHt Of! COlffity fimEliRfS shall Rot be hHilt iR the coastal
high llazard area lffiless lhe facility is designed for j3Hicllie aeee:;s or for resoliree
restElFalioR.
Words underlined are added; words str"8k thre"~h are deleted.
47
'--~--,'~~"."-.-..,_., -,.,._"._~ .....~~.
Conservation & Coastal Management Element
As Adopted by Bee
Agenda Item No. 17C
September 28, 2010
~600f81
OBJECTIVE 12.3:
[No change to text, page 48]
Policy 12.3.1:
[No change to text, page 48]
Policy 12.3.2:
IN 0 change to text, pages 48, 49]
Policy 12.3.3:
I Revised text, page 49]
The Recoverv Task Force reeElv@ry tank fElree shall include IEleal 1&'." eRFor-eemeRt
ll-IHRoriti@s the Sheriff of Collier Countv, the Community Development and
Environmental Services Division Administrator, the Comorehensive Planning a;Ml,
Director, the Zoning and Land Develooment Review Director, the Emergency
Management Director and other members as directed by the Board of County
Commissioners (BCC). The Board HGG should also include R.representatives from
mUl1icipalities within Collier County that have received reoeiviRg damage from the storm
sRmild also b@ to become members of the Rrecovery I_ask [JOrce.
Policy 12.3.4:
IRevised text, page 49]
THe reeovel) task force SHall review afld deoide HpOfl emergefley buildiflg peRflits,
eoElrdiflate witH State afld Federal efficials to prepa-re disaster assistaflee apl"lieatiefls,
aflalyze aHd reeommel'ld to the COHRty Cemmissi"R Hazard mitigatiElR "ptieRs iRelHdiR);
reeoRotruetiElfl Elf r@loeatiElfl Elf damaged pHblie faeilities, rElcElmm@Rd am@Rdm@Rts to tH@
C"mpreHeflsi':e PlaR. Peacetime Emer:;efley PlaR aRd "tRer aj3prCll"riate polieies aRd
prOeeGHfes.
The Collier Countv Recoverv Task Forcc responsibilities shall be identified in the Codc
of Laws and Ordinances.
Policy 12.3.5:
INo change to text, page 491
Policy 12.3.6:
[No change to text, page 491
Policy 12.3.7:
IRevised text, page 491
The County 5ball has dcvelop~ aHd adopted and maintains a Post-disaster Recovcry.
Reconstruction and Mitigation Ordinance prior to May 30. 1997. H> for the purpose of
evaluateiDg options for damaged public facilities including abandonment (demolition),
repair in place, relocations, and reconstruction with structural modifications. +ffi5
process SHall The process described within the Ordinance consider~ these options in light
of factors such as cost to construct. cost to maintain, recurring damage, impacts on land
use. impacts on thc environmenl and public safety.
Policy 12.3.8:
INo change to text, page 49]
Words underlined are added; words etrYGk tR,gY~h are deleted.
48
Conservation & Coastal Management Element
As Adopted by Bee
Agenda Item No. 17G
September 28, 2010
~610f81
OBJECTIVE 12.4:
[Revised text, page 49)
The County shall make every reasonable effort to meet the emergency preparedness
requirements of people with special needs such as the elderly, handicapped, the infirmed
and those requiring transportation from a threatened area. In the event of a countywide
emergencv. such as a hurricane or other large-scale disaster, the County Emergencv
Management Deoartment shall open and operate one or more refuges for persons listed
on the Countv's Special Needs Registry and their caregivers. Medical and support
equipment at such refuges will include. but not necessarilv be limited to. respirators.
oxvgen tanks, first aid equipment. disaster cots and blankets, and defibrillators.
Policy 12.4.1: [No change to text, page 49]
Policy 12.4.2: [No change to text, page 50]
Policy 12.4.3: (No change to text, page 50]
GOAL 13 [No change to text, page 51)
OBJECTIVE 13.1: (No change to text, page 51]
Policy 13.1.1: [No change to text, page 51]
Policy 13.1.2: [No change to text, page 511
Policy 13.1.3: [Revised text, page 51]
Prior to adopting any new regulations to implement this Element, the following
guidelines shall be met:
a. If The regulation fulfills an important need that is not preseRtly adequately 11'1<*
addressed by existing Regional, State, or Federal regulation~.
b. The regulation can be effectively and efficiently administered by existing Countv
staff or bv an authorized iRcreases to expansion of County staff.
c. The cost to the County of implementing the regulation shall have has been
identified and considered.
EAR-eeME Adopted by Bee
G: Comp/EAR Amendment Modifications/BCe Adoption Final
cs-bl-ds-jj-dw /2 -2 -07
Words underlined are added: words elrHGI< tRr8H~h are deleted.
49
'~._".-.__.__."-,................,-,---"'--;---_._,-~-~--,,_..
Agenda Item No. 17C
September 28,2010
Text underlined is newtextt~~.()f 81
TSla (trihett:lral:l8R is 81:lFr8F1t tflllt \8 o.
Bold text indicates a defined term
LDC Amendment ReQuest
ORIGIN: Community Development & Environmental Services Division
AUTHOR: Stephen Lenberger, Senior Environmental Specialist
DEPARTMENT:
Zoning Services
Depar1ment of Engineering, Environmental, Comprehensive Planning and
AMENDMENT CYCLE: 2009 Cycle
LDC PAGE: LDClO:6 - LDCIO:14
LDC SEC:rION(S): 10.02.02 Submittal Requirements for All Applications
CHANGE: Replace the requirement for an Environmental Impact Statement (EIS) with
submission of environmental data in which to review projects.
REASON:
The purpose of an Environmcntallmpact Statement (ElS) and other environmental data is to
review projects for consistency with the LDC and GMP. This information is submitted by
applicants during the development review process, much of which is included on final Site
Development Plans (SDP) or final plat construction plans (PPL). For other type applications.
including changes or uses in zoning, this infonnation is provided separately or as part of an EIS,
if an ElS is required.
The need for having a separate EIS docUlnent and separate EIS approval process has been
questioned in so much that the environmental information already provided for applications is
sufficient in which to review applications for compliance with applicable LDC and GMP
provisions. Removing the requirement for an EIS and identifying environmental data submittal
requirements is warranted and would streamline the permitting process while insuring the
necessary information is provided in which to review projects.
The environmental data submittal requirements identified below has been provided to fulfill the
requirements of Conservation and Coastal Management Element (CCME) GMP Policy 6. 1.8 and
2.3.6 (b).
CCME Policy 6.1.8 states the following (underlined/strike through version provided to identify
changes adopted with the EAR-based GMP amendments):
"An Environmental Impact Statement (EIS). or submittal of appropriate environmental data as
specified in the Countv's land development regulations. is required, to provide a method to
objectively evaluate the impact of a proposcd development, site alteration. or project upon the
resources and environmental quality of the project area and the community and to insure that
1
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Agenda Item No. l7C
September 28, 2010
Text underlined is new text ~~.()f 81
Tellt strihetRreblijl=l is Sl:lrrBRt tent t8 o.
Bold text indicates a defined term
planning and zoning decisions are made with a complete Ul1derstanding of the impact of such
decisions upon the environment, to encourage projects and developments that will protect,
conserve and enhance, but not degrade, the environmental quality and resources of the particular
project or development site, the general area and the greater community. The COUl1tv'S land
development regulations shall establish the criteria for determining the type of proposed
development requiring: an EIS, including the size and nature of the proposed development. the
location of the proposed development in relation to existing environmental characteristics, the
degree of site alterations, and other pertinent information. !on RIS BhaUbe reljlliree for:
I. !on)' site 'l:ith an ST sr !,CSC ST eyerlay, Elr ',>;ithia the Beamlaries of SeEeiag Lanes Elr
NP~n.^.5.
2. .\:11 sites S08:'.VaFG Elf the C0astaJ. Higa Ha:zanl ~\rea sermdary taG! are 2.5 Sf more a6f0S.
3. 4^Jl sites lanc:h':ara of the Coastal Riga Ha:zar-a ~\r0a 88l:lFldary that are teB ElF mere aeres.
1. ~AJ1)' ether de~:e18J3meBt Elf site alteration, weieh in the 8:tliniOB Elf tRe aevelepment
serviees eirElctsr, wOHle ha','e sOOstantial iHlflaet lIj3Ela eavirElnmsatalljllality.
The RIS reljllirom8at eoes BElt apply to a siBgle family sr EIlIj3le)[ lIse OE a Biagle lot Elr pareel.
Tae EIS reljHir-emeat may Be ';:af':ea stil3jeet to ilie fullowiag:
1'. .^.griealt'CIFaI ases as eefiaee iE 9J 5.993(2), iaeludiBg afjaacul1'llfo fElr aatiye Sjleeies.
2. ,^.fter iESflectiElE by Cmrnty staff and filing Elf a wrilteE rElflElrt, <my land Elr pareel of lima
has beeE ss alterea as tEl Raye irrElflarable aBHlage tEl the eeologieal, erainage, or
grellBdwater reeharge fuHctiElEs; sr that the deyelEl]3meEt Elf the site '.viII imprElve or
correct the eKistiEg ecologieal functioEs or Bot FOljuire any majElr alteratioa Elf the ellistiBf;
IIrndfoFffis, draiaage, or flElm and maRa elemeats of the property. For the pHFflose of this
polic)', major alteratioa shall mean greater thaE I ()~( of the site.
3. R)lemptioRs BRan Bet apply to any Jlaroel witR an ST or ,^.CSC ST overlay, er wiiliiB fue
BOlffidaries of Seadiag LanGs or NR.DAs eJlcElflt for single family Romes or as etherwise
allev:ed by 1ile ST or ,^,CSC ST criteria."
Additionally, CCME Policy 2.3.6 was amended to include a pre and post water quality analysis
for projects impacting 5 acres or more. Specifically, CCME Policy 2.3.6 (b) states the following
with regards to this requirement (Ul1derlinedlstrike through version provided to identify changes
adopted with the EAR-based GMP amendments):
"Excluding single familv homes, anv proiect impacting 5 acres or more of wetlands must provide
a pre and post development water qualitv analvsis to demonstrate no increase in nutrient.
biochemical oxvgen demand. total suspended solids, lead. zinc and copper loading in the post
development scenario."
In evaluating this GMP requirement, technical staff from the Engineering, Environmental,
Comprehensive Planning and Zoning Services Department reviewed applicable literature and
provide the following analyses.
"The EAR based amendments for the GMP included a requirement in Policy 2.3.6 to do a Pre-
development vs. Post-development analysis for nutrients, BOD, TSS, Pb, Zn, and Cu. The
existing LDC section 10.02.02 A.4.findicates that the analysis shall be performed using
"approved methodologies" and only requires the analysis on nutrients. The methodology that has
been used by the US Army Corps of Engineers and is being developed by the Florida
Depar1ment of Environmental Protection is limited to nutrients (nitrogen and phosphorus).
2
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Agenda Item No. 17C
September 28,2010
Text underlined is new text t~~.(')f 81
Text striI<8tf;JF8l:l~R iG S\,IFreRt iald 18 o.
Bold text indicates a defined term
The original state stormwater regulations were based on a standard of 80 % removal of TSS.
Current evaluations of Florida stormwater regulation indicate the design needs to address
increasing concentrations of nutrients (nitrogen and phosphorus) in surface and ground water.
Additionally other significant pollutants are more easily removed than nitrogen or phosphorus
(Harper, 2007). The draft permitting handbook for the update of the state stormwater rule
includes analysis only for nitrogen and phosphorus loadings (FDEP, 2009). (This analysis model
is very similar to that proposed in Evaluation of Alternative Stormwater Regulations for
Southwest Florida, 2003)."
"Literature
Evaluation of Alternative Stormwater Regulations for Southwest Florida. Harvey Harper PhD.,
P.E., David M. Baker P.E.. Environmental Research & Design, Inc. 2003
Evaluation of Current Storn1water Design Criteria within the State of Florida. Harvey Harper
PhD., P.E., David M. Baker P.E.. FDEP 2007
Environmental Resource Permit Stormwater Quality. Applicant's Handbook. Draft (July 2009).
FDEP"
Due to the change in emphasis of state regulatory programs limiting the loading analysis to
nutrients, technical staff does not recommend adding the requirement for TSS, BOD, Pb, Zn, and
Cu at this time.
The EAC expressed a desire to have a final clearance letter from the FDEP, prior to occupancy
or use of a site, when environmental contamination exceeding applicable FDEP standards has
been identified. With help from the Collier County Pollution Control Department, staff found
that FDEP may not necessarily open up a case when contamination exceeding applicable FDEP
standards is found and if a case is open, remediation could occur after a site is occupied. In some
instances. conditions may be included in FDEP's Site Rehabilitation Completion Order (SRCOl.
restricting certain type uses on a propel1y. For example, an applicant may not be able to install
wells or excavate lakes in areas where contamination levels exceed applicable FDEP standards.
To address the concerns of the EAC and to protect the County's populous, staff included
language in the amendment, requiling the County to coordinate with FDEP when contamination
on a project site exceeds applicable FDEP standards.
CCME Policy 10.6.2 states the following: "For shoreline development projects where an ElS is
required, an analysis shall demonstrate that the project will remain fully functional for its
intended use after a six-inch rise in sea level." This requirement is currently included in the EIS
section of the LDC. To fulfill this requirement, staff has been accepting an affinnative statement
from the lead design professional.
In evaluating this GMP requirement, lechnical staff from the Engineering, Environmental,
Comprehensive Planning and Zoning Services Department reviewed applicable literature and
provide the following analyses.
CCME Policy 10.6.2 requires shoreline projects where an EIS is required, to provide an analysis
demonstrating that the project, remain fully functional for its intended use after a six-inch rise in
sea level. Staff recommends that this Policy be removed from the GMP since NOAA indicates
3
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Agenda Item No. 17e
September 28, 2010
Text un~erlined i~new text t~~."f 81
relit etr:iltetl:lfe ElA is 91.:1 eAt tent Ie o.
BOld text indicates a defined term
that at current rates it will take 75 years to reach a 6 inch increase. If the higher rates suggested
by the SWFRPC Draft Climate Change report are used it will still take approximately 66 years to
reach a 6 inch rise. These time frames are well beyond the accepted planning horizon.
Staff believes that current building regulations in combination with the National Flood Insurance
Program, provides adequate protection for all residents within the Special Flood Hazard Area
(SFHA) (100 year floodplain). The building code requires all buildings to be built at or above the
I % annual chance storm event flood elevation set by the FEMA Flood Insurance Rate Map
(FIRM) program. FIRM maps use existing sea level and they are supposed to be updated every 5
years. The building code requires all facilities within the SFHA brought into compliance with the
Flood Damage Prevention ordinance with any mqior renovation (improvement equal to or greater
than 50% of the value of building). All buildings located within the SFHA with federally backed
mortgages are required to obtain flood insurance.
FISCAL & OPERATIONAL IMPACTS:
According to the Collier COUl1ty Community Dev'eJopment and Environmental Services Fee
Schedule approved by the BCC on April 28, 2009, fees for reviewing an EIS are $2,500.00 for
the] ,( submittal and 2nd submittal if applicable, $1,000.00 for the 3'd submittal and $500.00 for
4th and subsequent submittals.
Basic costs for preparation of an EIS are provided below (Summary of information obtained
from three environmental firms in the area). Actual costs will vary due to market conditions,
contract negotiations, etc.
Cost of an EIS for a small site with a minimal 20 hour listed species survey is around $12,000.
Depending on the size and complexity of the project, the price range for preparing an EIS ranged
from $12,000 to $120,000. Included in this amount are listed species surveys which generally
star1 at around $2,000. Fees for listed species surveys are often higher. For example, an
individual 5 day red-cockaded woodpecker (RCW) survey will cost about $8,000. The costs for
implementing USFWS guidelines for bald eagle monitoring, range from $25,000 to $35,000.
Eliminating the requirement for and EIS along with the separate review and approval process
required for it will save time and expense on the part of the applicant and County in producing,
printing and reviewing these documents. One consultant indicated a cost of $20,000 to $30,000
to prepare/compile the EIS document, amend the document according to sufficiency reviews by
County staff and to attend public hearings for the project. Currently an EIS is required to be
heard by the Environmental Advisory Council (EAC), unless a waivcr of the public hearing
requirement is granted pursuant to the LDC. The Planning Commission (CCPC), by policy, has
also requested copies of Environmental Impact Statements, if an EIS is required for a particular
project and that project is required to be heard by the CCPC. The time and expense of scheduling
petitions not normally required to be heard by the EAC, to the EAC, will also be saved.
Information for actual construction of projects (final development orders) is included on Site
Development Plans and final plat construction plans, whatever is applicable. This includes
information regarding management for listed species and preserves, along with depiction of
preserves on the site plans. This single source of information has been established by the County
4
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Agenda Item No. 17G
September 28, 2010
Text underlined is new text t~~.nf 81
Tent stril etRFet.lSjR is 81olFF8At tellt 18 t).
Bold text indicates a defined term
as a plan of record in which staff, applicant, and public can locate information for actual
construction of a project. Procedures for amending SDPs and PPLs are coordinated through the
Zoning and Land Development Review Depar1ment with the type of amendment based on the
extent and nature of changes to the development order.
Amendments for management plans for preserves and listed species are considered minor
(Insubstantial Changes) and cost $400 to process. If more than one plan sheet is involved, then
an additional fee of $ I 00 per sheet is charged. Rarely is more than one plan sheet needed for a
preserve management plan. Additional fees are charged for 3'd and subsequent re-submittals
($1,000 for 3nJ submittal, $1,500 for 4th submittal, $2,000 for 5th and subsequent submittals).
Amendments to preserve and listed species management plans do not trigger other types of
amendments to an SDP or PPL.
Some stakeholders have asked if management plans for preserves and listed species could be
submitted separately on 8 'I, x II inch paper. Staff does not see an advantage of having preserve
and listed species management plans separate from the approved drawings for an SDP and PPL.
More effort would be required on the part of staff, property owners; consultants and the public to
track down this additional information, if it were submitted separately. Potential for errors with
regards to construction and management of a project could result in not having all the
information included on the approved plans. Thc approved site plans are where everyone goes to
see what was approved for a project or to locate the information to amend plans by. The cost of
reviewing separate size plans for preserve and listed species management plans would likely be
the same. Some savings may be had on the par1 of environmental consultants who have to
coordinate and pay engineering firms or print shops to place and print preserve management and
listed species management plans on 24 x 36 inch paper. Many environmental consultants already
have this capability or work for or closely with an cngineering firm who they regularly do
business with.
RELATED CODES OR REGULATIONS:
Elimination of the requirement for an ElS will require a revision to the Environmental Advisory
Council (EAC) section of the Code of Laws and Ordinanccs since the EAC is required to review
Environmental Impact Statements. The EAC scction was recently moved by the BCC. from the
LDC to the Code of Laws and Ordinances.
GROWTH MANAGEMENT PLAN IMPACT: The amendment to the EIS section of thc
LDC is required as part of the EAR-based GMP amcndment to CCME Policy 6. 1.8.
OTHER NOTESNERSION DATE: Created November 13. 2009. Amended November 24,
2009, December 7. 2009, February 17. 2010. March 16, 2010
Amend the LOG as follows:
10.02.02 Submittal Requirements for All Applications
.'\. Environmontal imp3ct ~t3tOR'lOnt~
5
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Agenda Item No. 17G
September 28,2010
Text underfined is new text t~~.llf 81
Tellt stFilistt'lfebl8R is EllJrreRt hmt t8 ().
Bold text indicates a defined term
1. PblrfJeso.
a. The Ilblrllese ef Ihis seation is Ie !lrsvise 0 A'lEltRee ts Ell:ljesli'lsly e'laluole
tho iFRfa8st Qf :3 ~Fep9&BS 89'JsleF'FAORt, s.ite :alter:atioFl, er prejest t:JJ3SA tRe
Foseblr=GO~ aRe oR\'iFanm8At:J1 qblality of tRo FlFa1SGt are:) BAS tho
semml:lAity aRB t9 iA~lIr:Q fA:)! f)I:IRRiRg 3118 ZOAil1!3 sBsis.ierus: :are m:ase
..,/ith :J seFFlJ:)leto blAssrestaRsing sf tho imJ3ast af sblGh easiE/iaR€: b1J3en tho
onVirOAFRent, 19 8RseblFClSJ8 f.:)rejsstE: ::ana 80'/BleJ3FF19Rt& th3t ...Jill:
i. Protest, seAservo aRe OARanoo, But Rot efe@F:Jas, tho
8AVireRFR9rlt:1I E)(;;Jality :aRS rO&S!::IFSeS sf tRo faartic6I13r J3rojest er
develel3FReRt &ito, the gORBFal 3roa aRe the @roater COFAFRI:JAity.
ii. MiRimize tRB fwtwre reel.:JstisA in pF8J3erty vallJoE: Iihely to resbllt, Qr
ee Qablses ey iRlllrsllerly desi!jRee aRs exsGblteEl IlrojeQts one
delleI0~R'=IeAtE:.
iii. Reetblco the necessity fer e)(J3onetitwro of f3b1slie fundE: iA tho fwtblre
~sr rSRoeilitatin!j tRe environmeRtal ~b1ality Elf oreas ef
envireRffientol sensitivity.
e. fblrthor, it is tRe !luFJ3sse of tRis sOGtieR to attoin IRe wisest f-OR!je of
eeRs~Qial b1SSS sf the eRvirsnA'lont withsblt ee!jr-asatisR sf environA'leRtal
odvonta!jec aRs risl{ 10 Ilblelic RElallh, Qafety, welfaro ond ethor
b1AElesir:Jble GOnsBf:1b1encotS:.
c. It is olss Ihe Ilblr!loso of this soction 10 olltiffiizo a eoloRco botwoon
population ORe rosoblrco uso 10 !lorfl1it high standords of iiviRg ond a wide
shoriRg of rsSSblrcOC one oA'lonitios om on" all citizens aRe resisonts of
one visiteFS to Csllior COblnty dblring tho fJrosont and ~ulblro geRorotionc.
2. /'.pfJliGaeility; oR'iironffientol iR'lfJoct slotomeRt (1;;Ia) roqblirod. 'I'/ithout first
obtaiRiR!j opfJrs'ial of an Era, er (Jualifying fer on oxemptisR purcblant to section
10.02.02.'\.7., ac ro(Juiros by this Codo it shall eo uRlowful ond Re eblilEliRg
permit, GSRdition31 b1S0, zoning chonge, subdivision or condominiblRl !llot or
b1n!llolles cubeivision ap!lrovol or otAer county porfl1it or approval of sr for
dovsle!lmont er sito altorotioR sholl bo issbles to couso tho eovolspmont Elf or silo
oltsralion of:
a. I'.ny sito with a aT or ^CaC aT ovorlay.
b. ^II citos sooware of IAO coostal mORa!jomoRt boundory tAOt oro 2.5 or
meFG :lCrOD.
c. /\11 sitos londward of Iho ooastol rnanogomont bouneary Ihot are ton or
mero :JerSE.
d. aitsc WAeF8 0 Ilrier Ela woe pr-ellarod one o!lfJFGvoe for tho same oreo of
lond aRe WRero tho fellowiR!j exisl:
i. GFClotor iffipOCts to proservo oreas are Ilr-ofJosee;
6
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Agenda Item No. HC
September 28, 2010
Text underlined is new~ext t~~.nf 81
TElHt str-iltetRR31:o1[JA is S1:oIFreAt t lit t8 o.
Bold text indicates a defined tenn
Ii Groater iFR~asts 10 jurisEliotisRal wotlanEls sr lisleEl e;~eoies
haeilals ars we~oe;ee:
iii. Ne'lllisloEl s~ssies Aa'/e eesR iEleRtifieEl en site: or
1'1. ^ prior EIS is FRsre tRan a years slEl: sr
.. Pr-eserve areas were not pr-e'/ieusly approveEl.
o. t.RY etRer EievolOpFFlsRt er ~ite 3ltoF:JtieA whisR in tho OpIAlt3A ef tho
Counly MaRa~er or his Elesi~nee, wsula have suestaRtial iFRpact upon
en~<irElnFRsntal G1uality aREl wAisA is not speGifisally sxeFRptee in lAis Csae.
In eelermining v;helAl3r SUGh a ~rEljest '1/13 01 Ie have suestantlal
ElA\'irSRFROntal iFRpaGt tRS CauRly Mana~er sr Ais Elesignee shall ease his
eeGision on tho terfAs ana GenElitisAs sesGrieee in this Cese ane on the
pmjeGt's oonsistonoy with the !3rowlh FRanagefAeRt ~Ian.
f. 'Nhon reG1uireEl ey sootion :'.04.01 sf tAis Coee, plant aAEl aAiFRa! speoies
e;urvsys sAal! ee Gonauctee regarsieos of whetRsr an I;;:IS or rl3suemillse
EIS is rSEjuirea ey this seolion.
:.. SueFRission anEl review of I;;:IS. ^ oOFR~lotoe I;;:IS, in wFilleR ana eigita! ferFRat,
shall ee sueFRilloe to CouRly Mana!3er or Ris E1esignee for appFeval, aenlal or
approval "lith FRssifioations. ~Js sovolopfAent or sile alteration will ee started
without this approval :md porfAits reG1uirl3e ey law. Failure to pFeviEle full ana
oomplete information shall be groURSS for eenial of the a~~IiGation. The auther(s)
of tho I;iIS shall provise evlElenGe, by aGadeA'lio oreeentials or experlenoe, of
his/her ex~srtise in tho area of onvironmontal SOieAGSS or natural resauroo
managBfl'lSAt. .'\oaeemio credentials shall be a eaoReler's or higher degmo in 1 of
tho biolo!3ioa! sclenoes. E)(porienoe shall rofloot at loast :l ymlrs, 2 yoars of whioh
shall ee in the St3to of Florida, ef ecologioal or biologioal profossional ox~erionoo
if substitutin!3 for aoaElsFRio orodontials.
4. Information reG1uir-ed for applioation.
3. ^pplioant infon~alion.
i. Responsiele porson who wroto lho EIS and his/her educ3tion and
job relaled onvironmenlal oxperienoo.
ii. Ownor(s)/agenl(s) name, address, phone number g 0 mail
address.
b. Mapping :md support graphios.
i. General location map.
Ii. ~Jative h313itats ana their l3eunearies iElsAtifies on an aerial
photo!3raph of tAo site exteREliR~ at least 200 feet outside the
p3roel boundary. This does not mean the aJlJlliGant is required to
!30 on to aEjjeinin~ Jlrs~Elrties. Habilat iEleRlifioation oonsistent with
7
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vii.
'/iii.
Agenda Item No. 17C
September 28, 2010
Text underlined is newtex~t~~.f'\f 81
Telit stFil,BtRrSl.l@R is Bl.:lrrSAt tellt 8 o.
Bold text indicates a defined term
tRe Fleris3 D9fasrtFFlORt sf Tr:3R~Flert:JtieFl Fleris:l L:lRS Usa CSt/elf
ana Farms ClassifisalieR System (fLUCFCS) sRalllle ael3istea elR
:m :lelrial photegF:JfaA A:JviFlE) 3. sG31e sf 1 iRGA 8EJbl31 1s :1t 183&t 299
feet ''''ReA availaele from tRe CeblAty. atAer eeals ::lOFials may bo
bites 'A'her:e appr:s~riato fer tRc size sf tRe pr6ijest, previEt9Et tho
pt:letegF8raR :IRS 8vorlays :irs le~iblo at tho seale prsvidoeJ. .'\.
le€lens fer O(lE)R ef the FLL'CFCS sale1jeFies fel/RS OR site shall ee
inelblseef OR tRB aerial.
ili.
TeJ3e~FapRiG fR3Fl. :lnd existing 8F3iR:JE)9 J33tlerr::us: if 813J3lis:Jsle.
Whor=e f:)8scible, elovatieRs '.vitl=liR O:JGR sf FlUCFCS o:Jtogeries
sRall ee I3re'o'ises.
i"
-.
SeilE: FA913 ;:)1 seala sSRsisteRt 'I!ith lAst LIsee for iRe Fleris3
Dopart:lTlent sf TF:lI~&l3erbtioA F'lerida land Use Caver :md F'eFms
CI3ssifis3tiorl S)'~tem doteFFr-1in:JtieAE:.
'/.
PFGl3eses Elmina1je I3laR iRsicatiR1j easis Flew l3allerns, el/tfall aRS
eft site sFaina€lo.
vi.
Oevelel3ment plaR incll/slRg I3hosiR1j I3re1jmm, service areo of
ex/stiR1j anEl I3rGl3ecoEl I'll/Blic facililieG, aRs exiclin€l aRs I3rOl3eseEl
traRsl3ertatien nel'Nerk in IRe iml3ast area.
Silo I3lan sRewing I3resorvee on site, anEl how tRey ali1jR '/Iilh
I3reserves en aEljoiniR1j and Rei1jheeFiRg I3rol3ertieG. IRcll/do en the
plan Ie cations ef woposes and oxistin1j Elevelel3mont, mads, ana
arGac for steFR1woter relentien, as showR en al3l3rovod master
plans for lhose sites, os 'Nell os I3I/Blic ewnoa sensor/alion laRds,
cenGervation acql/is/lien area., major flo'IFNays and 130tenlial
wilalife corridoFs.
For I3rol3ertios in tho RLSI'. er RFMU sislriote, a sile I3lan ehewin1j
tho lecatieR ef the site, anslanEl use se./1jnalionG and overl3Ys as
iElenlifies in tRe Gm.....tR Mano1jement Plan.
o. Pr.sjest Elessr/l3tion aRd GMP cons/Gtency setermiRation.
i. Previde an ovomll dessril3tion ef the I3roject '/11th ret:l3ect to
omironR4ental aRs '/later managoment issl/es.
ii. Explain ROW tho I3rojest it: ceRsistent wilh eosh of tRe Objestlves
and Policies in the ConGerv3tion 3nd Ceat:tal Man3gement
Element of the Growth Mana1jement Plan, ""Rem apl3licoblo.
d. Native v01jetation I3rGsorvation.
i. IdeRlity IRe acreo1je and semmuRity type of all ul3land aRE! 'IIellaRd
haeitatt: fOl/ns on the wojest site, aSGer.ain1j Ie the Florida Lana
Uss Ce'/er ana Ferms Class/fisat/on System (fLUCFCiii). Pro'/ias
3 descFi131ion cf each af the FL'''!CFCS sate1jeries iEleRtified on silo
BY ve1jetation tY130 (Sl3ec/os), v01jetatien seml30silien (oonopy,
8
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Agenda Item No. 17G
September 28,2010
Text underlined is newt;xtt~~.()f 81
T8)(1 6tril1:etAFal:l~l::I is BblFF8Rt 1e t 18 13.
Bold text indicates a defined term
FFliEl~t9ry :md grOl:JR8 sever) :lAd veget:atisA E1emin:1nc() (demiAaRt,
GOfRFRSR aRS sSGasional).
ii. ex~lain how tAe ~rEljoGt fRools or eXGElElas tho native v8gstatisn
Flr8s9~:ati9R rOGlbliremeAt iF! GG31 €J of tR8 CeAterv:Jtion aRe
Csastal ManagSfRSRt I;!lefRSRt sf tAS GrElwth MaRagefRSRt Plan,
aRS CAal'lterc :l aRs 1 9 of tile LaRs De'lelepFReRt Cese. Pre\'ise
SR exl=libit iIIl:1str-atiRg 61::16tt. IRslwse salswlati9A& ideRti~.iRg
iRe asreage far preservatieR aRs impasto per FUJCFCS
G3teger)' .
iii. For sitee alreasy G1eares aJ'ls in agriGult!,lral !,lse, pr{lvise
Elss!,lfRontation that tAe parGol(s) are IR sefR~lianGe witA tAe 28
year rGzeJ'le IiFRitation iJ'l Pelisy 9.1.8 of the CeJ'lservation anEl
Coastal Manag8FRSJ'lt elefRont of tAS Growth ManagefRsnt Plan
anEl CAa~ters :l ane 1 9 Elf tAe Lana Devels~fReJ'lt CoEle. Fsr sites
oloar{le prior to January 200:l, WS'/ieo eooufRentatlsJ'l that the
~aroel(s) are in oOfR~liaJ'lGs \Vitl1 the 10 year rozono IiFnitatisJ'l
previsusly ieontifloe in tAe Growth ManagefRsnt Plan ane LaRs
De'lelepment Cese.
1'/. Ha'io prosorvos or aoreago roquirofRente for preservation
provlously Boen issRti~oe for the site surln[iJ previous eo\'elepfRent
oreer appro'/3Ie" If so, iElentify tho ISGation ane aOre3fJe of these
proscJr.'es, ane provieo an explanalien if they are eiffersnt from
what ie prs~esoe.
v. For propertios with Spooial Treatmont "ST" overlays, show the ST
ovorlay on the sevolopfRent plan aml providee an explarmtion as
to .....hy these aroas are Being ifR~3oted or proeorvee.
O. WetlaJ'les.
i. Defino the nUfRBer of acres of Collier COllnp/ juriselotion31
v/ollaRss (pursuant to Psllcy 9.2.1 ane 9.2.2 of tho Conservation
ane Coastal ManageRlont elomont of the Growth Management
Plan) aSGereing to tho Florlea LanEl Uso Cover ane Forms
Classification Syctom (FLUCFCS). Inolude a eescriptisR of eaoh
of the FLl!CFCS catefJoriee ieoRtifies on site BY vOfJotation type
(species), vegetation Goml'lsslllon (canopy, midstory ane fJrellREl
cover) and vegotation EloFRinance (eomiJ'l8nt, common anEl
occasional). WetlaRs selerR1inations arc reEluirod to be verified by
the South Floriea Water MaR8fJemont District or Florida
DopartRlent sf Environmental Proteotion, prior to subR1icclon to
the County.
ii. Dotormine soasonal ane historic high water levels utilizinfJ lichen
lines or other BielElgisal indioators. IRsisate how the prejeot design
improves/affects preElevelopment hyereporioEls. Provide a
narFati'ie asdrossing the antisipalod Gontrol elevation(s) for tile
&it&.
9
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iil.
Agenda Item No. 17e
September 28,2010
Text underlined is newtextt~~.nf 81
TeJa stFilt8tt-lrBbI~J:J is BblFFBFlt tellt 1a o.
Bold text indicates a defined term
Insisate Il:1e f3rGl3eSeSl3erGent ef sefiAes wetlanss Ie be il'l'll3aclos
:Jns tAe effosts of J:lre(38Eee ifRpaGts on iRe fblAstioAS af tReso
wetl:lA8&. Previae :J1l 8)d=lieit shs'NirlQ the lec:JtieR of 't:etl::ms€: to
bo il'l'll3asles aAs Il:1oso Ie be raresePlea 01'1 sileo Describe hew
imp:Jste: t8 'Netbnd& Rave Been FRiAimizo(t
i"
..
Indisato ReV! the (3rejest sesigR S8FF1I3BAS3t9& fer '-"allaAd iFFlF':JGt&
pblFSbI:JRt 18 tRB Palisies aRs 0B18stives in Geal e af tho
COR&Sr\'3tisA €Ins Cs:u:t31 M:U:'J3gSFA9Rt Elom8At Qf iRe Gr-s'nth
M3113gemeRt PI::u::'I. For &ite& iA fRe RFMbI Elistrist, f:)rovise :m
asSeSSl'l'leAt, bases en Il:1e Sel,lll:1 FleAsa '.A/alor Manaiilel'l'lent
Die:trist'& UnifeFITI MitigatieA ,^.&&9&&FF18Rt Methes, th3t ReUS: seen
assef3tes BY eitl:1er lhe Seutl:1 Flerisa Water MaAaiilel'l'leAt DistriG!
or tl:1e FleAsa Del3artl'l'lsAt of eAvirenl'l'leAtal j;>ratostieA. Fer sites
0l:Jtsido tRe RFMU ElistriGt, eRG wAara hig/:1er Efblality wstl::mdt: are
90inQ r-st::line8 en c;:its, J3revi9o jblE:tifiG:::ItisA 8::lS8e on the URiferm
MiliiilalieA AssessFTlent Melhod.
f. Surfase and iilreuns water l'l'Ianagel'l'lent.
iil.
i"
..
I.
Proviae an overall ssssriralieA ef tl:1s prol3esed water l'l'Ianagel'l'lent
eycteFn explainiAiil he'll it werks, the Bseis ef desiiilA, histerioal
arainaiile flows, eft site flo....s oel'l'liniil in Ie the system ana l:1ew
they will Be inssrl3erates in tl:1e eystel'l'l or l3asses arol,lAS lhe
system, 130sitive owtKJlI aV::lila.l3ility, \'10t SS3son \t\Jator Tal3lo ::md
Dr; Seasel1 Waler Tabie, ana hew they 'ti~re seterl'l'lil1ea, aAs any
ether l3ortinonl inforA1aliol1 l3ertainil1g to Il:1e cORtrol ef storFR and
gr-ouna water.
il.
j;>roviae an aAalysis of petential water Elualily impaG!~ of tho
projest by svaluotil1iil water E1uality loasings sKpestes frOI'l'l the
projeot (poel sevelopl'l'lent senditiel1~ cOAsideriAiil the I3ropessd
Ions uses and storFRwaler maRagemeAt cOAtrols) 8ol'l'lporod with
waler E1uality !easings ef the I3r9jeot ama as it exiel~ in it~ pro
aevolspl'l'lent oonailiene. Thie oAa!ysis is rSEluiros for projeots
iFRpasting 5 or 1'l'I0rs acres of wetlanas. The analy~i~ shall be
perfarl'l'lea u~ing l'l'Ielhodeiegiee al3Provsd by Feaeral and StatQ
water Eluality agenoies.
laentify any 'A/ellfie!s Risk MamJiilel'l'lOAI Spe8ial TreatmeRt
Overlay lones (WRM ST) 'IIill:1in the I3rejoet area ana provide an
analysis for hew thQ projest desigA avois~ the l'l'Iest inlensive iand
usee '....ithin ths moet ~ensltive WRM STe.
The dosign ef the prel30ses ~termwater I'l'IsnageFRent sy~tel'l'l and
analysie of '/Jaler E1uality ORS E1usntity Il'l'Ipasls sl:1all fl,llly
inoerporate the r-eEll,lirGFRente of the Il1teril'l'l Water~hed
ManagoA1ent rOiilu1atioRs ef lDC ~eotil3n d.07.00.
g. listed sl3soies.
I. j;>revise a l3!ant ana aAiA1al sl3ecies SbllVI3Y te iAslude at a
10
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Agenda Item No. 17e
September 28, 2010
Text underlined is new text t~~.l\f 81
rellt strih:etAr8l:01€1R is SblrreRt ymt ts o.
Bold text indicates a defined term
mlnlmbJm, IisteE! sl3esies knewn te inRabit bislogical commbJRities
t:ilTlilar te tAesa oxisting eA site, and conductod iR asssFaonoo '/Jith
tho gl::liEleliRss of tAe Fler:ia3 Fish :md WilEllife CeRf:orv3tien
Commissien aRetRe U.S. fiSR aRe WilE!life Service. Stale aGlbJal
sbJr:ey times ane eates, ane I3ro'/iee a maFl showing the
locatieR(s) Elf sFlesies of SFlElsial status iE!entifieE! eR site.
ii. Isentify all Iistee sl3esies that are Imswn to inhabit bielsgisal
semmblRitie& &imibr ts tAess existing en th19 site er tA3t R:JVO seeR
E!irsG!lj' sbserveE! sn the site.
iii. IAeisate how the Flfsject essigR minimizes imFlacts to species sf
sl3ecial slatbJs. Oessribe the measures that are FlrSFlElSEle as
mitigatieR for iml3acts to listee sl3ecies.
iv. Pro'/ise habitat maRagement FllaRs for each of the listee sFlocies
l<Rewn to occur on tho FlfeFlerty. for sites witR balE! eagle Rests
ans/or nest pretection zones, b31e eagle management FllaAs are
rGEluiros, copies ef wRieR shall be iReluese as exhibits allaeRee to
the PUD socumclnts, where applicable.
':. Where applicable, incluee correqJensence receives from tho
Florisa Fish aRd 'Nildlife Censer/atieR Commissien (Ff'P!CC) and
the U.>;. Fish and Wilelife >;ervice (U>;FW>;), with regards te tRe
project. e;)(Fllain ho'll the cencerns of these agencies Rave been
meh
h. Othor.
i. For multi slip docking facilities with ten slips or more, and for 311
mariRa facilities, sRew ho'll the I3rejoct is oonsistent with the
mariRa SitiRg aRlI ether sriteri3 iR the MaRatee PretestieR
PlaR.,
ii. Inolude the rosults of any envlroRmental assessments and/or
audits of the FlrSl3erty. If applicable, provide a narrative of the cost
and meaSbJres neeeed te clean bJFlthe site.
iii. For sites lec3ted in the gig C,'FlfOSS .'\roa ef Critic31 >;tate
Conoern >;peoial Troatment (ACSC lOT) overlay district, show ho'....
the project is consistent with the de'/elopment standards and
rO[Julations established for the .'\C>;C ST.
i'/. Soil samplin[J or ground Vlater monitorinQ reports and programs
shall be reElbJired for sites that seeupy old farm fields, eld [Jolf
eSbJFSOS or for whioh tRere is LI reLlsonable basis lor believil1Q that
thero has been previous oontLlmination en site. The amount of
sampling and testing shLlII bo dotermined by tho environmental
>;er/ices staff ;)Iong with the Pollution Control Department LInd the
Florid;) Dop;)rtment of EnvironmentLlI Prsteslion.
'I. Provido documentaticln IreFR tho FlorisLl Master >lito file, Florisa
11
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Agenda Item No. He
September 28, 2010
Text underlined is newtextt~~.(\f 81
Text strili:etRrel=lBR is 81:1Fr-8Rt tell1 18 o.
Bold text indicates a defined term
OeraartFR8At af ~t~t9 aAd 3r:lY flriRtod Ai&teris :1rGAaBele~ic:11
E;l;;lrveys th:1t RaVEl seeR GOR8LJctea en tAB prejeGt :area. Lesate :1ny
knewR Ristoris or 3reh30ele!3ic:l1 &ite~ 3REI tt:leir rel3tisREhiflf: to tAG
preJ38soa FJrejeet eO&i&JA. DeFFlsnEtFate ASw tRe pr0jsst desiEJn
pretervse tble t:1icterie/arSA3eeloQieal inteQrity sf tho cito.
'Ii. Previae 3R ::m3Iycis domBRctr:atiRQ tA3t tho rar:ajoet '/Iill reFRain fbll/y
fblRGtieRal fer its inteRsea biBB :lfter a e iRSh rise in sea level :lIS:
rl3Ejwiree loll' tRe Gr:e'Nlh Mana!jer-Aent Plan.
5. f.etGtitioRal sat:). TAB CeblRty MaRager Sf hiE: aecigRse may reql:;lire :JsEiitisAal sat:)
Sf iRfeFrn3tiSA AOSBtS:lry iR oraer 113 PFl3ke :J tt:lerebJgR 3Rd eelTll3lete oV31b1:.1tisR sf
the !;;IS ane /lreject.
e. Relatien setween !;;IS ane eevele/lFflent ef regional ir-A/laet (DRI). In any inslaneo
'I!Rere tho fJFOI3S&eGl J:lre1ect r=eEflJiro& Beth 3R elS :lRa :.1 DRI, their Gl3ta m:.1Y BO
emboelee in 1 rel30rt /lrovieee eWElR ro/ler! inolw8ec nil the reEjwiree inferFflatioR
011 seth the !;;IS nAe DRI.
A. Environmental Data Submittal Requirements
1. Purpose. The purpose of this section is to identifv the types and format of data
that is required to review a proposed proiect to ensure it meets the land
development standards contained within the Land Development Code.
2. Preparation of Environmental Data. Environmental Data Submittal Requirements
shall be prepared bv an individual with academic credentials and experience in
the area of environmental sciences or natural resource manaqement. Academic
credentials and experience shall be a bachelor's or hiqher deqree in one of the
bioloqical sciences with at least two years of ecoloqical or bioloqical professional
experience in the State of Florida.
3. Environmental Data. The followinq Information shall be submitted. where
applicable, to evaluate proiects.
a. Wetlands
I. Identifv on a current aerial, the location and acreaqe of all Collier
Countv/SFWMD iurisdictional wetlands accordinq to the Florida
Land Use Cover and Forms Classification Svstem (FLUCFCS)
and include this information on the SDP or final plat construction
plans. Wetlands must be verified bv the South Florida Water
Manaqement District (SFWMD) or Florida Departrnent of
Environmental Protection IDEP) prior to SDP or final plat
construction plans approval. For sites in the RFMU district,
provide an assessment in accordance with 3.05.07 F and identifv
on the FLUCFCS map the location of all hiqh quality wetlands
(wetlands havinq functionalitv scores of at least 0.65 WRAP or 0.7
UMAM) and their location within the proposed development plan.
Sites with hlqh qualitv wetlands must have their functionalitv
scores verified by the SFWMD or DEP prior to first development
order approval. Where functionalitv scores have not been verified
12
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...._-_...'--~~---._-,-'.._"._....._._..._-~~~-,---_.",.~...
Agenda Item No. 17C
September 28,2010
Text underlined is new tex~ t~~.t1f 81
18](t 6trili:stRJ:BLlet::J is 8I:JFf8Rt tSJlt eo.
Bold text indicates a defined term
bv either the SFWMD or DEP. scores must be reviewed and
accepted bv County staff, consistent with State reaulation.
il. SDP or final plat construction plans with impacts to five (5) or
more acres of wetlands shall provide an analvsis of potential water
quality impacts of the proiect by evaluatina water quality loadinas
expected from the proiect (post development conditions
considerina the proposed land uses and stormwater manaaement
controls) compared with water quality loadinas of the proiect area
as it exists in its pre-development conditions. The analysis shall
be performed usina methodoloaies approved bv Federal and State
water auality aaencies, and must demonstrate no increase in
nutrients (nitroqen and phosphorous) loadinas in the post
development scenario.
iil. Where treated stormwater is allowed to be directed into preserves,
show how the criteria in 3.05.07 H have been met.
iv. Where native veaetation is retained on site. provide a topoaraphic
map to a half foot and, where possible, provide elevations within.
each of the FLUCFCS Codes identified on site. For SDP or final
plat construction plans, include this information on the site plans.
b. Listed Species and Bald Eaqle Nests and Nest Protection Zones
I. Provide a wildlife survev for the nests of bald eaqle and for listed
species known to inhabit bioloaical communities similar to those
existinq on site. The survey shall be conducted In accordance with
the quidelines or recommendations of the Florida Fish and Wildlife
Conservation Commission (FFWCC) and the U.S. Fish and
Wildlife Service (USFWS). Survev times may be reduced or
waived where an initial habitat assessment by the environmental
consultant indicates that the likelihood of listed species
occurrence is low, as determined by the FFWCC and USFWS.
Where an initial habitat assessment bv the environmental
consultant indicates that the likelihood of listed species
occurrence is low. the survey time mav be reduced or waived by
the Countv Manaaer or desiqnee. when the proiect is not reviewed
or technical assistance not provided bv the FFWCC and USFWS.
Additional survev time mav be required if listed species are
discovered.
ii. Provide a survev for listed plants identified in 3.04.03.
iil. Wildlife habitat manaqement and monitorinq plans in accordance
with 3.04.00 shall be required where listed species are utilizina the
site or where wildlife habitat manaqement and monitorina plans
are required by the FFWCC or USFWS. These plans shall
describe how the proiect directs incompatible land uses awav from
listed species and their habitats. Identifv the location of listed
species nests. burrows, dens, foraqinq areas, and the location of
any bald eaale nests or nest protection zones on the native
13
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Agenda Item No. 17C
September 28, 2010
Text underlined is newtext~~.('\f 81
rem! stFiI:etRFBI=l~1:I is BI:lr:reRt tell! to.
Bold text indicates a defined term
veqetation aerial with FLUCFCS overlay for the site. Wildlife
habitat manaqement plans shall be included on the SDP or final
plat construction plans. Bald eaqle manaqement plans are
required for sites containinq bald eaqle nests or nest protection
zones. copies of which shall be included on the SDP or final plat
construction plans.
c. Native veqetation preservation
I. For sites or portions of sites cleared of natiye yeaetation or in
aqricultural operation, provide documentation that the parcel(s)
were issued a permit to be cleared and are in compliance with the
25 vear rezone limitation pursuant to section 10.02.06. For sites
permitted to be cleared prior to July 2003. provide documentation
that the parcells) are in compliance with the 10 vear rezone
limitation previously identified in the GMP. Criteria defininq native
veqetation and determininq the leqality, process and criteria for
clearinq are found in 3.05.05. 3.05.07 and 10.02.06.
il. Identifv on a current aerial the acreaqe, location and communitv
types of all upland and wetland habitats on the proiect site.
accordlnq to the Florida Land Use Cover and Forms Classification
Svstem (FLUCFCS). and provide a leqend for each of the
FLUCFCS Codes identified. Aerials and overlay information must
be leqible at the scale provided. Provide calculations for the
acreaqe of natiye yeaetation required to be retained on-site.
Include the above referenced calculations and aerials on the SDP
or final plat construction plans. In a separate report. demonstrate
how the preserve selection criteria pursuant to 3.05.07 have been
met. Where applicable, include in this report an aerial showinq the
proiect boundaries alonq with any undeveloped land. preserves.
natural fiowwavs or other natural land features. located on
abuttinq properties.
ill. Include on a separate site plan, the proiect boundarv and the land
use desiqnations and overlavs for the RLSA. RFMU. ST and
ACSC-ST districts. Include this information on the SDP or final
plat construction plans.
Iv. Where off-site preservation of natiye yeaetation is proposed in
lieu of on-site, demonstrate that the criteria in section 3.05.07
have been met and provide a note on the SDP or final plat
construction plans indicatinq the type of donation (monetarv
payment or land donation) identified to satisfv the requirement.
Include on the SDP or final plat construction plans, a location
mapls) and propertv identification numberls) of the off-site
parcells) If off-site donation of land is to occur.
d. General environmental requirements
I. Provide the results of anv Environmental Assessments and/or
Audits of the property. alonq with a narrative of the measures
14
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..____.O"'._....,h_ _ _.~ _._~'~_______'-""-_~_""_
Agenda Item No. 17G
September 28,2010
Text underlined is new text t~~.(]f 81
Tellt 6tFiI\8tRra",~1=1 ie; Sblrr8F1t tall! t8 o.
BOld text indicates a defined term
needed to remediate if required bv FDEP.
ii. Soil and/or qround water samplinq shall be required at the time of
first development order submittal for sites that occupy farm fields
(crop fields. cattle dippinq ponds. chemical mixinq areas), qolf
courses, landfill or iunkvards or for sites where hazardous
products exceedinq 250 qallons of liquid or 1,000 pounds of
solids were stored or processed or where hazardous wastes in
excess of 220 pounds per month or 110 qallons at any point in
time were qenerated or stored. The amount of samplinq and
testinq shall be determined bv a reqistered professional with
experience in the field of Environmental Site Assessment and
shall at a minimum test for orqanochlorine pesticides (U.S.
Environmental Protection Aqencv (EPA) 8081) and Resource
Conservation and Recoverv Act (RCRA) 8 metals usinq Florida
Department of Environmental Protection (FDEP) soil samplinq
Standard Operatinq Procedure (SOP) FS 3000, in areas
suspected of beinq used for mixinq and at discharqe point of water
manaqement svstem. Samplinq should occur randomlv if no
points of contamination are obvious. Include a backqround soil
analvsis from an undeveloped location hvdraulicallv upqradient of
the potentiallv contaminated site. Soil samplinq should occur iust
below the root zone, about 6 to 12 inches below qround surface or
as otherwise aqreed upon with the reqistered professional with
experience in the field of Environmental Site Assessment. Include
in or with the Environmental Site Assessment. the acceptable
State and Federal pollutant levels for the tvpes of contamination
found on site and indicate in the Assessment, when the
contaminants are over these levels. If this analvsis has been done
as part of an Environmental Audit then the report shall be
submitted. The Countv shall coordinate with the FDEP where
contamination exceedinq applicable FDEP standards is identified
on site or where an Environmental Audit or Environmental
Assessment has been submitted.
iii. Shoreline development must provide an analvsis demonstratinq
that the project will remain fullv functional for Its intended use after
a six-inch rise in sea level.
iv. Provide justification for deviations from environmental LDC
provisions pursuant to GMP CCME Policv 6.1.1 (13), if requested.
v. Where applicable, provide evidence of the issuance of all
applicable federal and/or state oil and qas permits for proposed oil
and qas activities in Collier Countv. Include all state permits that
complv with the requirements of Chapter 62C-25 throuqh 62C-30,
FAC., as those rules existed on Januarv 13, 2005.
e. Other code requirements
i. Identifv anv Wellfield Risk Manaqement Special Treatment
Overlav Zones (WRM-ST) within the proiect area and provide an
15
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Agenda Item No. 17C
September 28, 2010
Text underlined is new text t~~.f"\f 81
Tent stril<8tAFebl~R is BI::lFfeRt tell! t8 o.
Bold text indicates a defined term
analysis for how the project desian avoids the most intensive land
uses within the most sensitive WRM-STs and will comply with the
WRM-ST pursuant to 3.06.00. Include the location of the Wellfield
Risk Manaaement Special Treatment Overlav Zones on the SDP
or final plat construction plans. For land use applications such as
standard and PUD rezones and CUs, provide a separate site plan
or zonina map with the proiect boundarv and Wellfieid Risk
Manaaement Special Treatment Overlay Zones identified.
II. Demonstrate that the desian of the proposed stormwater
manaaement svstem and analvsis of water auality and auantitv
impacts fully incorporate the reauirements of the Watershed
Manaaement reaulations of 3.07.00.
iil. For sites located in the Sia Cvpress Area of Critical State
Concern-Special Treatment overlav district (ACSC-ST), show how
the proiect is consistent with the development standards and
reaulations in 4.02.14.
iv. For multi-slip dockina facilities with ten slips or more, and for all
marina facilities. show how the proiect is consistent with 5.05.02.
Refer to the Manatee Protection Pian for site specific
reauirements of the Manatee Protection Plan not included In
5.05.02.
v. For development orders within RFMU sendina lands, show how
the proiect is consistent with each of the applicable Obiectives and
Policies of the Conservation and Coastal Manaaement Element of
the GMP.
f. Additional data
The County Manaaer or desianee may reauire additional data or
information necessarv to evaluate the proiect's compliance with
LDC and GMP reauirements.
4. PUD zonina and CU petitions. For PUD rezones and CU petitions, applicants
shall collate and packaae applicable Environmental Data Submittal
Reauirements into a sinale Environmental Impact Statement (ElS) document.
prior to public hearinas and after all applicable staff reviews are complete. Copies
of the EIS shall be provided to the Countv Manaaer or desianee prior to public
hearinas.
+9,. Exemptions.
a. The eI& Environmental Data Submittal Reauirements exemption shall not
apply to any parcel with a ST or ACSC-ST overlay, unless otherwise
exempted by ~ection 4.02.14 H. (Sl(sepliaRs) or 4.02.14.1. (Q)(eA'lptions),
of thi~ Codo.
b. SiAElle faA'lll]' or E1uplex usee en a eingle lal or parcel. Sinale-familv
detached and two-familv houslna structure(s) on a lolls) of record except
16
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'~'__'''_'..o,._,__..__.._____.".
Agenda Item No. 17C
September 28, 2010
Text underlined is new text t~~.nf 81
TeJOt 6tFihetRr81:o1~R is s..rr;eRt 1811\ te o.
Bold text indicates a defined term
as otherwise provided at section 4.02.04 (cluster development), and
townhouses developed on fee simple lots under individual ownership,
provided that a fee simple townhouse plat is approved in accordance with
the provisions of section 10.02.04.8.4. These exemptions shall not applv
to the followino.
I. Wetland delineations and permittino.
il. Retention of native veoetation in accordance with 3.05.07 C.
iiI. Listed species protection in accordance with 3.04.01.
c. Agricultural uses. Agricultural uses that fall within the scope of sections
163.3214(4) or 823.14(6), Florida Statutes, provided that the subject
property will not be converted to a nonagriculturalllSe use or considered
for any type of rezoning petition for a period of 25 years after the
agriGultural uses aqricultural uses commence and provided that the
subject property does not fall within an ACSC or ST zoning overlay.
d. Non sensitive areas. Ani' area or ~arGel of lans which is not, in the
opinion of tRe County Mana!jer or his sosignee, an area of
eRviroRmeRtal seRsitivity, subject to the criteria set forth oelow,
j3reviasa that the sUBjest proj3erty aoss not fall within on ACSC Dr ST
zonin@ overlay:
I. TRe sueject WOj3erty has already Beon alto red tRrough j3ast
usa@e, I3rior to the adol3tion of this Coae, in such a manner thot
the proj3osea use will net further as@rade the eRviroRmeRtal
quality of the site or the surroundin@ areos which mi!jRt oe
affected oy the pre posed use.
il. The major flora Dna fauna features have oeen altered or removea
to sush an extent as to preelude tReir reosonaole rei3enorotion or
useful osologicalj3urpose. An example would oe in the easCl of an
industrial j3ark or a commereial de'Jelo~meRt where most of thCl
flora and fauna wore mmo'lod Wior to the passa@o of this Cede.
iiI. The surfoce and/Clr noturol drainai3e or rechar@e CCll30city of the
j3roject site has oeen j3aved or channeled, or otherwise altered or
imj3roved wier to the adoj3tien of this Code, ond will nClt ee furthor
degr-aded as a resbllt gf the WOj3osed blse gr de'Jele~meRt.
iv. The use :md'or de'.'ele~meRt of the sblbject property will deHnitgly
improve ond correct ecelo@ical deHGiencies which resblltCld from
use ana/or develo~meRt which tgok I3lace prior te tR8 j3assa@e of
this Code. .^,n examj3le would oe wRem the seveleper proposes te
reforest the ama, provide adsitional o~eR s~ase, rej3lase natblral
drainage for chonneled drainage, and/or reablcCl deRsity.
v. The blse or Elevele~meRt will utilize mcisting l3uilEliRgs and
strustures :ms will not rSEluim any major alteratioR gr
moaiflOCltion of tRe Olcisting land forms, srainage, or flora and
17
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Agenda Item No. 17C
September 28, 2010
Text underlined is new text t~~.nf 81
Tell! EitriltetRR;JblfjR is G'\:lFF8At tell! 18 0
Bold text indicates a defined term
KlblA:l eleFFloRt& sf tAB F1rol3eFty.
Q, ,'\1I/3R8E: lyiAEl \./ithiA all iASerpSF3tss FFlI:JAisip3litiSE ill Collier COblAty.
fQ. All NBMO Receiving Lands in accordance with 2.03.08 A.2.a(1 ).
~. SiA~le faFRilj' lots in 13sssFEl13nBs 'lAth Bastien d.Q1.Q1 C.1.
~. A conventional rezone with no site plan or proposed development plan.
This exemption does not apply to lands that include any of the following
zoning, overlays or critical habitats: Conservation (CON), Special
Treatment (ST), Area of Critical State Concern (ACSC), Naturai Resource
Protection Areas (NRPA's), Rural Fringe Mixed Use (RFMU) Sending
Lands, Xeric Scrub, Dune and Strand, Hardwood Hammocks, or any land
occupied by listed species or defined by an appropriate State or Federal
agency to be critical foraging habitat for listed species.
f. In those areas of Collier County where oil extraction and related
processinq is an allowable use, such use is subiect to applicable state
and federal oil and qas permits and Collier Countv non-environmental site
development plan review procedures. Directional-driliinq 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 throuqh 62C-
30, FAC., as those rules existed on January 13, 2005, reqardless of
whether the activitv occurs within the Biq Cypress Watershed, as defined
in Rule 62C-30.001(2), FAC. All applicable Collier County environmental
permittinq requirements shall be considered satisfied bv evidence of the
issuance of all applicable federal and/or state oil and qas permits for
proposed oil and qas activities in Collier Countv. so lonq as the state
permits comply with the requirements of Chapter 62C-25 throuqh 62C-30,
FAC. For those areas of Collier County outside the boundary of the Biq
Cypress Watershed, the applicant shall be responsible for conveninq the
Biq Cypress Swamp Advisory Committee as set forth in Section 377.42,
F.S., to assure compliance with Chapter 62C-25 throuqh 62C-30, FAC.
even if outside the defined Biq Cypress Watershed. All access roads to oil
and qas uses shall be constructed and protected from unauthorized uses
accordinq to the standards established in Rule 62C-30.005(2)(a)(1)
throuqh (12), FAC.
g. Fees. In order to implement, maintain and enforso this Code, tRe cost upon
submission of the environmental impast stateFRont sR311 bo as established by
resolution. Until this fee has beeA paid in full ne action of any t,'pe sRall be taken.
G. .'Ippoaic.
13. .^.ny person a~~rioves by the dosision sf the County Manager sr his
dosi~noo rS!3arain~ EI.. prosasl,lros or sl,lbFRitlals (i.e. this Gostisn of the
Coae) R'lay filo a written rOEjl,lest for appeal, not later tRan ten aays after
said secisiclA, with tAB E.'\C or their SUBBossor erganizatioA.
18
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...---.--------
Agenda Item No. 17e
September 28,2010
Text underlined is new text t~~.()f 81
T8/1t stFiI'stRF8Ittgt:l is 8l:irreAt tellt 18 o.
Bold text indicates a defined term
b. The EAC .....ill Rstify tt:1e a!lgrieves J'leFSsn and tt:1e CS~Aty Mana!ler sr t:1is
aesignee of tt:1e Sate, tifRe and J'llase that 6uoh aJ'll3eal 6t:1all be hearG;
6uoh RetiHsatien will ee !liven 21 says J'lrier te tt:1e t:1earin!l un lesE all
J'larties waive thlE reEl~irefRent.
o. The appeal willee t:1ears ey the E/'.C witt:1in eO GaYE of tt:1e s~lJfRi6Sion ef
the appeal.
d. Ten days J'lrior te tt:1e t:1earin!l the a!l!lriEl\'es J'lersen shall s~lJfRit to the
E.^,C ana te tt:1e CS~Aty Mana!ler er t:1is Elesi!lnee oBJ'lies Elf tt:1e data anS
iAfeFr~3tion ho inteA8G to biBS in hie :JPFJeal.
e. UJ'lElR oonol~6ion of the t:1earing tt:1e ..fI,C '/Jill s~lJfRit to tt:1e BCC their
faots, fiA8ings aAS ressfRfRenElaliElRs.
f. Tt:1e BCe, in regular sessien, will mal{e tt:1e Hnal deoisieR tel affirm,
overrule or fRodify the GeoisieR ef the Co~nty MaRa!ler er hi6 d06ignee iR
. light ef the reoemffiElRSatiens of the !;if.C.
.
.
.
.
.
.
.
.
.
.
.
.
.
19
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Agenda Item No. 17C
September 28, 2010
Page 81 of 81
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.
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notke is "hereby given that on Tuesday, September 28, 2010 the Board of County
Commissioners will hold a public hearing at the Board of County Commissioners
3rd floor Bee Chambers, W. Harmon Turner Building (Bldg. F), located at 3301 E.
Tamlaml Trail, Naples, FL. 34112. to consider the adoption of amendments to Ordl~
nanee No. 2009.3:2.
The purpose of the hearing is to consider 8 recommendation to the adoption of
amendments to Ordinance, No. 2009-32 (Environmental Advisory Council Ordl.
nance). to maintain consistency with the Boards adopted changes to the Growth
Management Plan (GMP) Conservation and Coastal, Management Element (CCME)
Policies and L.and Development Code. The Ordinance title is as follows:
ORDINANCE NO. 10-_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS -OF COLLIER COUN-
TY, flORIDA, AMENDING_ORDINANCE NO. 2009.32, AS AMENDED. THE ENVIRON.
MENTAL. ADVISORY COUNCil ORDINANCE, BY CREATING A DEVIATION PROCESS
PURSUANT TO CCME POLICY 6.1.1 (13). AND BY REPLACING THE REQUIREMENT
FOR THE REVIEW OF AN ENVIRONMENTAL IMPACT STATEMENT (EIS) WITH REVIEW
OF SPECIFIC ENVIRONMENTAL DATA PURSUANT TO CCME POLICY 6.1.B AND LAND
DEVELOPMENT CODE AMENDMENT TO SECTION 10.02.02A PROVIOING FOR CON-
FUCT AND SEVERABILITY; PROVIOING FOR INCLUSION IN THE CODE OF LAWS AND
OROINANCES; AND PROVIDING FORAN EFFECTIVE OATE.
All interested parties are invited to appear and be heard. Copies of the proposed
Ordinance Amendments are available for inspection at the Collier County Clerk's
Office. 4th floor, Administration Building. Collier County Government Center, East
Naples, Florida; and at the Environmental Planning ServICes Section. land Develop-
ment Services Department, Growth Management Division - Planning and Regula-
tion, 2800 N. Horseshoe Drive, Naples, FlOrida between the hours of 8:00 A.M. and
5:00 P.M.. Monday through Friday. Anr questions pertaining to this document
should be directed to the Environmenta Planning Section of the land Develop-
ment Services Department. Written comments filed with the Clerk to the Board's
Office prior to September 28, 2010, wilt be read and considered at the public hear-
109.
If a person decides to appeal' any decision made by the Board of County Commi5~
sioners with respect to any matter considered at such meeting or hearing. he will
need a record of that proceeding, and for such purpose he may need to ensure
that a verbatim record of the proceedings is made, which record Includes the testi.
mony and evidence upon which the appeal is to be based.
If you are a person with a disability who needs an accommodation in order to par.
ticlpate in the proceeding, you are entitled, at no cost to you, to the provision of
certain assistance. Please contact the Collier County Facilities Management Dep'art-
ment, located at 3301Tamiami Trail East, Buildin!;} W. Naples, Florida 34112, (239)
252-8380. Assisted listening devices for the hearing impaired are available In the
County Commissioners' Office.
BOARD OF COUNiY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: IslPatricia Morgan
Deputy Clerk (SEAL)
Seotember 10 :>010
NolS67CM'i