Ordinance 2007-16
'0910117<1
t<~ro 1 ~;J ?~'\
f )1fD;1); ORDINANCE NO. 07-~
~.. 'ED >\,"';<\N ORDINANCE AMENDING ORDINANCE NUMBER 89-
~19. 1J1J.... 05, AS AMENDED, THE COLLIER COUNTY GROWTH
?<;>9'S7....., ~"t
~ c. c. liv MANAGEMENT PLAN FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING
THE CONSERVATION AND COASTAL MANAGEMENT
ELEMENT; BY PROVIDING FOR SEVERABILITY; AND
BY PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted the Collier County
Growth Management Plan on January 10, 1989; and
WHEREAS, Collier County has held public hearings to provide for and
encourage public participation throughout the 2006-07 plan amendment process; and
WHEREAS, Collier County did submit the 2006-07 Growth Management Plan
Amendments to the Department of Community Affairs for preliminary review on May 26,
2006; and
WHEREAS, the Department of Community Affairs did review and did make
written objections to the CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Amendments to the Growth Management Plan and transmitted the same in writing to
Collier County within the time provided by law; and
WHEREAS, Collier County has 120 days from receipt of the written objections
from the Department of Community Affairs to adopt, adopt with changes or not adopt
the proposed CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Amendments to the Growth Management Plan; and
WHEREAS, the Board of County Commissioners of Collier County did take
action in the manner prescribed by law and did hold public hearings concerning the
adoption of the CONSERVATION AND COASTAL MANAGEMENT ELEMENT
Amendments to the Growth Management Plan on January 25, 2007; and
WHEREAS, all applicable substantive and procedural requirements of law have
been met; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: ADOPTION OF AMENDMENTS TO THE CONSERVATION AND
COASTAL MANAGEMENT ELEMENT OF THE GROWTH
MANAGEMENT PLAN.
This Ordinance as described herein, shall be known as the CONSERVATION
AND COASTAL MANAGEMENT ELEMENT Amendments to the Growth Management
Plan for Collier County, Florida. The Collier County Growth Management Plan
CONSERVATION AND COASTAL MANAGEMENT ELEMENT Amendment is attached
hereto as Exhibit A and incorporated herein by reference.
1
SECTION TWO: SEVERABILITY.
If any phrase or portion of this Ordinance is held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the validity of the remaining
portion.
SECTION THREE: EFFECTIVE DATE.
The effective date of this Amendment to the CONSERVATION AND COASTAL
MANAGEMENT ELEMENT shall be the date a final order is issued by the Department
of Community Affairs or Administration Commission finding the Element in compliance
in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No
development orders, development permits, or land uses dependent on this Element
may be issued or commence before it has become effective. If a final order of
noncompliance is issued by the Administration Commission, this amendment may
nevertheless be made effective by adoption of a Resolution affirming its effective status,
a copy of which Resolution shall be sent to the Department of Community Affairs,
Bureau of Local Planning, 2555 Shumard Oaks Blvd., 3rd Floor, Tallahassee, Florida
32399-2100.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County this 25th day of January, 2007.
OCK, CLERK
I
tttCt<.t ,.
eput~Qift lito 0\&1 ~ $
',Si'lQ~ 0.1 ~"
"
APPROVEOAS TO FORM AND
LEGAL SUFFICIENCY:
BOARD OF COUNTY COMMISSIONERS
COLLIER. C ...o.y~...~ '
BY: ,~;1~l ~
JAMES'COLETT A, CHAIRMAN
-r~ot;.., ;m. pnALPA~ -&~
MARJ IE M. STUDENT-STIRLING
ASSISTANCT COUNTY ATTORNEY
2007 CONSERVATION AND COASTAL MANAGEMENT ELEMENT
n,rs ordinance filed with the
S~tory of ~~ Office the
....:L:.- 'day of :;>~
o.".d ocknOWledgemen'; -;'f the t
frl received this it'\,
of ")
Conservation & Coastal Management Element
As Adopted by BCC
2,2,07
EXHIBIT "A"
I.
INTRODUCTION
[New text, page 1]
Subsection 163.3177 (5)(d). Florida Statutes requires all local governments within the
State of Florida to have. as part 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. bays. 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 163.3177 (6) (d). F.S.. which
requires local Conservation Elements to consider the applicable Water Management
District water supply plans or water management plans. More specifically. the
Conservation Element must "assess their current. as well as proiected. water needs and
sources for at least a lO-year period."
In addition to the Conservation Element. Subsection 163.3177 (5)( g). Florida Statutes.
also requires certain designated local governments (including Collier County) 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:"
1. Maintenance. restoration. and enhancement of the overall quality 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 orderly 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.
5. Ecological planning principles and assumptions to be used in the determination of
suitability and extent of permitted development.
6. Proposed management and regulatory techniques.
7. Limitation of public expenditures that subsidize development III high-hazard
coastal areas.
8. Protection of human life against the effects of natural disasters.
Words underlined are added; words e:trl:Jok throl:Jgh are deleted.
1
Conservation & Coastal Management Element
As Adopted by BCC
2.2.07
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
may be summarized as follows:
1. 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 quality;
9. Management of hazardous materials and hazardous wastes;
10. Protection of coastal resources;
II. Protection of historic resources;
12. Hurricane evacuation and sheltering; and
13. Avoiding duplication of regulations.
Words underlined are added; words struok through are deleted.
2
Conservation & Coastal Management Element
As Adopted by BCC
2-2,07
Goals, Objectives and Policies
Conservation & Coastal Management Element
GOAL 1
[No change to text, page 1]
OBJECTIVE 1.1:
[Revised text, page 1]
By /\ugust 1, 1991, the Collier County will complete the development and
implementation continue to develop and implement ef a comprehensive environmental
management and conservation program, which Htat will ensure that the natural resources,
including State and Federally listed animal species of special status, of Collier County are
properly, appropriately, and effectively identified, managed, and protected. Species of
special status are defifled as species listed in the current "Official Lists of Efldangered
and Potentially Endangered and Potentially Endangered Fauna and Flora in Florida",
published by the Florida Game and Fresh 'N ater Fish Commission.
Policy 1.1.1:
[Revised text, page 1]
By August 1, 1989, appoint, and establish operational procedures for a technical advisory
committee to advise and assist the County in the activities involved in the development
and implementation of the County Environmental Resources Managemeflt Program.
Collier County has established and maintains an Environmental Advisory Council
(BACt which advises and assists the appropriate County agencies, the Collier County
Planning Commission (CCPC) and the Board of County Commissioners (BCC) in
implementing the County's environmental resources management programs.
Policy 1.1.2:
[Revised text, page 1]
By the time maFldated for the adoption of land deyelopment regulations pursuant to
Chapter 163.3202, F.S., iflcluding any amendments thereto ,^.ugust 1, 1989 incorporate
the goals, objectives, and policies contained within this Element into the County's land
development regulations as interim environmcmtal resources protection and maflagement
standards.
Collier County has incorporated the goals, obiectives and policies of this Conservation
and Coastal Management Element into the Collier County Land Development Code as
the County'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 January I, 1990, the County v:ill haye in place an appropriately administered and
professionally staffed governmental unit capable of developing, administering, and
providing long term direction for the Collier County Environmental Resources
Maflagcment Program.
Words underlined are added; words struok through are deleted.
3
Conservation & Coastal Management Element
As Adopted by BCC
2,2.07
Collier County shall continue to support established environmental policies by
maintaining an appropriately administered and professionally staffed governmental unit
capable of developing, administering, and providing long-term direction for the
protection and management of the County's environmental resources.
Polie)' 1.1.4:
[Deleted text, page 1]
Ensl:1re adeqHate and effecti'/e coordination bet'l/een the Environmental Services
Department Resources Management Program staff and all other units of local
gO'/emmental entities involved in land use and/or environmental activities and
regl:1lations.
Policy I.I.~S:
[Revised text, page 1]
,\ void l:lRneCessary duplication of effort and The appropriate County agencies shall
continue cooperation with private natural resource conservation and management
organizations, as well as Regional, State, and Federal environmental agencies aM
organizations. and will Wwork with other local governments to identify and manage
shared natural resources.
Policy 1.1.~':
[Revised text, page 1]
'Nhen developing the Collier County shall maintain a conservation program, which
attempt~ to equitably balance the relationship between the benefits derived from, and the
costs incurred by such a program to both the public and private sectors.
Poliey 1.1.7:
[Deleted text, page 1]
Continue with the phased preparation and adoption of all natural resol:1rces management
and environmental protection standards and criteria needed for use in the Collier COl:1nty
land development review process. Implementation shall occl:1r on an annual basis as
standards and criteria are developed.
Poliey 1.1.8:
[Deleted text, page 2]
Continue vlith the phased preparation and adoption of all natural resources management
and en','ironmenta-l protection standards aRd criteria needed for use in the Collier County
land development revievl process. Implementation shall occur on an annual basis as
standards and criteria are developed.
Policy 1.1.~9:
[Renumbered text, page 2]
Objective 1.2:
[No change to text, page 2]
Policy 1.2.1:
[No change to text, page 2]
Words underlined are added; words struok through are deleted.
4
Conservation & Coastal Management Element
As Adopted by BCC
2-2-07
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 system will be maintained by the County staff and l:lpdated OR a cooperative basis by
qualified public and private organizations.
Collier County's computerized environmental resources data storage, analysis and
graphics system shall share information and resources with other Federal. State,
Regional. local and private environmental management agencies and organizations and
the general public. The County shall cooperate with these other entities when updating
its system in order that the benefits of the updated system may be shared with all
appropriate agencies and organizations.
Objective 1.3:
[No change to text, page 3]
Policy 1.3.1:
[Revised text, page 3]
[IV-8Ee: The A.ssessment has been e8mpleted, and G..UP amendments adfJPted, J~r the
entire A.sscssment aFea; this inehuled establishing NRPA.s 8n the Putl:tl'e Land Use
Alap. There are n8 lfmger any interim NRPA.s 81' any stl:tdy areas. The GA1P
amendments M8pted f8r the A.ssessment area are n8W in effect; ace8l'lungly, the Final
OI'lle1' issl:ted 8n June 22, 1999 by the A..dministrati8n C8mmissi8n, whieh ineluded a
partial m81'at8num /81' the A.ssessment aFe{/;, is n8 18ngel'in effeet.]
[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:
[N 0 change to text, page 4]
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 +,;WOO 2008, the County shall complete the prioritization and begin the
process of prepareing Watershed Management Plans, which that '.'{ill addross contain
Words underlined are added; words struok through are deleted.
5
Conservation & Coastal Management Element
As Adopted by BCC
2,2,07
appropriate mechanisms to protect the County's estuarine and wetland systems. The
process shall consist of ( 1 ) an evaluation of areas for which Watershed Management
Plans are not necessary 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 January 2008. A funding schedule shall be
established to ensure that all Watershed Management Plans will be completed by 2010.
In selecting the order of Plan completion, the County shall give priority 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 apply the following as interim standards for development:
a. All new development and re-development projects shall meet 150% of the
water quality volumetric requirements of Section 5.2.l(a) of the Basis of Review
for Environmental Resource Permit Applications Within the South Florida Water
Management District (February 2006) standards provisions required by Drainage
sub clement Policy 1.6.1 and the retention and detention requirements, and the
allowable offsite discharge rates required by Drainage Sub-element Policy -h6.2
and -h6.3, respectively;
b. Loss of storage or conveyance volume resulting from direct impacts to
wetlands shall be compensated for by providing an equal amount of storage or
conveyance capacity on site and within or adiacent to the impacted wetland.
c. Floodplain storage compensation shall be evaluated for developments
within the designated flood zones "A", "AE", and "VE" as depicted on the Flood
Insurance Rate Maps published by the Federal Emergency Management Agency
with an effective date of November 17, 2005. Floodplain storage compensation
shall also be evaluated for areas known to be periodically inundated by intense
rainfall or sheetflow conditions.
d. All development located within areas currently identified as Restoration
Projects as identified ffi on the Southwest Florida Draft Feasibility Study fFigure
n shall be evaluated to determine impacts to natural wetlands, flowways, or
sloughs. For this particular evaluation, natural wetlands, flowways, or sloughs
shall be tentatively identified as contiguous lands having a continual
preponderance of wetland or wet facultative plant species and a ground elevation
through the maior portion of the natural wetlands, flowways, or sloughs at least
one (1) foot lower than the ground at the edge of the natural wetlands, flowways..
or sloughs.:. The edge of the natural wetlands, flowways, or sloughs shall be
identified by field determination and based upon vegetation and elevation
differences from the adiacent uplands or transitional wetlands. The County shall
require the applicant to avoid direct impacts to these natural wetlands, flowways,
or sloughs or, when not possible, to ensure any direct impact is minimized and
compensated for by providing the same conveyance capacity lost by the direct
impact. The County shall adhere to the limiting discharge rates of each basin as
outlined in Ordinance 2001-27, adopted May 22, 2001 which amended the
County Water Management Policy and provided basin delineations where special
Words underlined are added; words e:truok through are deleted.
6
Conservation & Coastal Management Element
As Adopted by BCC
2-2-07
peak discharge rates have been established. The limiting discharge rates will be
reviewed as a part of the Watershed Management Plans, and modified according
to the analyses and findings of the Watershed Management Plans.
e. All new development and re-development proiects shall ensure
surrounding properties will not be adversely impacted from the proiect's influence
on stormwater sheet flow.
~f. Prior to the issuance of a final development order, the County shall require
all development proiects to obtain the necessary state and federal environmental
permits.
g. Within one year of the effective date of these amendments, the County
shall adopt land development regulations to require Best Management Practices of
future development or re-development proiects. Best Management Practices
means structural and non-structural facilities or practices intended to reduce
pollution either through source control or treatment of stormwater.
Figure 1. Restoration Proiect Areas Where Interim Development Standard 2.1.d Is
Applicable
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 should shall address the following concepts:
a. Appropriate wetlands and uplands serving as a buffer to wetlands are conserved;
b. Drainage systems do not degrade 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; frfIfl
f. The needs of the watershed's natural resources and human populations are balanced;
g. The effects on natural flood plains, stream channels, native vegetative communities
and natural protective barriers which are involved in the accommodation of flood
waters; frfIfl
h. Non-structural rather than structural methods of surface water management should be
considered first in andy-proposed new works";"~
1. Wetland and estuarine habitat functions are conserved and/or enhanced; and
1. Wetland and estuarine ecosystems will be conserved and/or enhanced using a variety
of innovative tools, including landowner incentives, public acquisition, conservation
easements, and/or transferable development rights.
Words underlined are added; words struck through are deleted.
7
Conservation & Coastal Management Element
As Adopted by BCC
2,2,07
Policy 2.1.5:
[Revised text, page 6]
l\S appropriate, integrate environmental resol:lfces data collection, planning, and
management activities \vith the '.vater management basin studies described in other parts
of this Plan.
Upon establishment of the various Watershed Management Plans for Collier County, all
environmental data collection, environmental management and environmental planning
activities conducted by Collier County shall be conducted using a basin-by-basin
approach.
Poliey 2.1..,:
[Deleted text, page 6]
Promote intergoyernmental cooperation between Collier County and the municipalities of
Naples and Everglades City for consistent '.vatershed management planning.
Policy 2.1.~:
[Renumbered text, page 6]
Policy 2.1.18:
[New text, page 6]
Collier County shall take the lead and promote intergovernmental coordination between
the County and other governmental agencies involved with watershed planning,
including, but not necessarily limited to, the municipalities of Marco Island, Naples and
Everglades City, the Florida Department 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. Army Corps of Engineers and other
governmental agencies. The County will take the lead and oversee the preparation of the
necessary watershed management plans, and will rely upon the work performed or data
collected by other agencies, to the extent that these agencies have data and/or experience,
which may be useful within the watershed basin planning and management process.
Objective 2.2:
[No change to text, page 6]
Policy 2.2.1:
[Revised text, page 6]
Wastewater treatment plants shall not be allowed to discharge directly to rivers, canals or
jurisdictional wetlands unless they meet geR Florida Department of Environmental
Protection (FDEP) regulations and are not in violation of other Goals, Objectives and
Policies of this Element.
Policy 2.2.2:
[N 0 change to text, page 6]
Policy 2.2.3:
[No change to text, page 6]
Policy 2.2.4:
[No change to text, page 6]
Words underlined are added; words struck through are deleted.
8
Conservation & Coastal Management Element
As Adopted by BCC
2,2-07
Policy 2.2.5:
[Revised text, page 6]
By December 31, 2008, and no less than every three years, all existing and futme
stormwater management systems shall be inspected and certified by a licensed Florida
professional engineer regularly for compliance with their approved design, and be
required to any deficiencies shall be corrected the deficiencies. Collier County shall have
identified a process to identify storm'.vater management systems that are not meeting
State ,<vater quality treatment standards in effect at the time of project approval. In
developing aRd implementing sl:lch a process, the County shall seek gl:lidance and
assistance from the SOl:lth Florida 'Hater Management District (SfV.'MD) and FDEP.
Objective 2.3:
[No change to text, page 6]
Policy 2.3.1:
[No change to text, page 6]
Policy 2.3.2:
[No change to text, page 7]
Policy 2.3.3:
[Revised text, page 7]
In an attempt to increase ground water levels and to restore the natural hydroperiod for
the natmal freshwater input to the estuarine system, any future modification of public
',vater control structures in the watershed aboye the control structure which '.vould amount
to 50% or more of the cost of a ne';, structure shall be designed to retain as much water as
appropriate.
All watershed basin modification activities shall include appropriate detention and
retention criteria, consistent with the rules and regulations of the South Florida Water
Management District, Big Cypress Basin Board and Collier County, 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 County will only allow Restrict development activities wftere which will not st:t€h
effi:tl.d adversely impact coastal water resources. This is implemented through the
following mechanisms:
a. Require all applicable Federal and State permits addressing water quality to be
submitted to Collier County before Collier County issues a Final Development
Order.
b. Excluding single family homes, any proiect impacting 5 acres or more of
wetlands must provide a pre and post development water quality analysis to
demonstrate no increase in nutrient, biochemical oxygen demand, total suspended
solids, lead, zinc and copper loading in the post development scenario.
Words underlined are added; words struok through are deleted.
9
Conservation & Coastal Management Element
As Adopted by BCC
2,2,07
c. By January 2008, the County 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 accuracy of the model, the County will include
an evaluation of the reduction of lake depths with time and the corresponding loss
of retention volume, 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, revisions to current model methodology,
potential regulatory restrictions, and further monitoring shall be presented to the
Board of County Commissioners for further direction.
Objective 2.4:
[Revised text, page 7]
By June 30, 1998, complete a draft agreemen.t with the Florida Department of
En','ironmefltal Protection regarding coordinated and cooperative planning, management
and monitoring programs for Rookery Bay and Cape Romano Ten Thousand Islaads
l\quatic Preserves and their \.vatersheds. The agreemeflt shall identify the process for
notifying FDEP of development projects 'J/ithin the watersheds of these preserve areas.
Collier County shall continue taking a coordinated and cooperative approach with the
Florida Department of Environmental Protection (FDEP) regarding environmental
planning, management and monitoring programs for Rookery Bay and Cape Romano -
Ten Thousand Islands Aquatic Preserves and their watersheds. As part of this process,
the County shall continue to notify FDEP of development proiects 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 7]
Policy 2.4.3: [No change to text, page 7]
Objective 2.5: [No change to text, page 8]
Policy 2.5.1: [No change to text, page 8]
Policy 2.5.2: [No change to text, page 8]
Policy 2.5.3: [No change to text, page 8]
GOAL 3 [No change to text, page 9]
Objective 3.1: [Revised text, page 9]
Words underlined are added; words struok through are deleted.
10
Conservation & Coastal Management Element
As Adopted by BCC
2,2,07
Ground '.vater quality shall meet all applicable Federal and State water quality standards
by January 2002 and shall be maintained thereafter. Ground water quality shall meet all
applicable Federal and State water quality standards. Ground water quality 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 quality. 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 regulatory 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 by 2008, including
the comprehensive inventory of monitoring wells, an assessment of monitoring wells
previously damaged, and policies to make appropriate well repairs and replacements.
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]
Poliey 3.2.3:
[Deleted text, page 10]
A committee of well contractors and drillers, County staff, Health Departmont staff, and
South Florida 'N ater Management District staff '.",ill continue to evaluate the need for
'.vell construction standards that are more specific to Collior County and reflect Collier
County conditions.
Policy J.M 3.2.3:
[Revised, renumbered text, page 10]
The Cmiflty will inform '.'11311 contractors and drillers and the public on the necessity for
proper ...vell construction and hold workshops for well drillers on proper techniques for
'.vell construction in Collier County.
Collier County shall continue to provide informational materials and hold informational
workshops (for well contractors, well drillers and the general public) concerning the
importance of following proper well drilling and construction techniques in Collier
County.
Policy ~ 3.2.4:
Objective 3.3:
[Renumbered text, page 10]
[No change to text, page 10]
[No change to text, page 10]
Policy 3.3.1:
Words underlined are added; words etruok through are deleted.
11
Conservation & Coastal Management Element
As Adopted by BCC
2-2-07
Policy 3.3.2:
[Revised text, page 10]
Use the results of this analysis to modify the calculated "cones of influence" and amend
the Comprehensive Plan to include these areas as "environmentally sensitive lands".
Collier County shall use its three-dimensional computer model to calculate the actual
"cones of depression" around the County's existing potable water wellfie1ds. After at
least 15 days publication of the maps of the proposed "zones of protection" for each such
well field 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]
Paliey 3.3.4:
[Deleted text, page 11]
Contin\:le to establish and apply technically and legally def'Elnsible criteria for determining
and mapping zones of protection.
[Deleted text, page 11]
Farmer OBJECTIVE 3.3 aDd Palieies 3.3.1, 3.3.2, 3.3.3, 3.3.4 [deleted]
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 quality monitoring data shall be Af!ssessed the data annually to determine
whether monitoring and evaluation activities and County Ordinances require expansion,
modification or reduction. The data will also be assessed for the purpose of determining
whether County groundwater protection ordinances should be amended.
Policy 3.4.4:
[No change to text, page 11]
GOAL 4
[No change to text, page 12]
Objective 4.1:
[No change to text, page 12]
Policy 4.1.1:
[No change to text, page 12]
Policy 4.1.2:
[No change to text, page 12]
Words underlined are added; words struck through are deleted.
12
Conservation & Coastal Management Element
As Adopted by BCC
2-2,07
Policy 4.1.3:
[No change to text, page 12]
Objective 4.2:
[Revised text, page 12]
The Collier County Water-Sewer District and the Collier County Water and Wastewater
Authority will continue to promote conservation of iffi Collier County's potable water
supply and by ,A"pril 1, 1998, develop 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 County shall Nnegotiate agreements with area golf courses to accept and use treated
wastewater effluent for irrigation when and where such treated effluent stHHe is available
from existing and future wastewater treatment plants.
Policy 4.2.3:
[No 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]
P-elie)' 4.2.~:
[Deleted text, page 12]
Evaluate and make recommendatioFls, 'Nhere appropriate, for plumbiFlg fixtures aFld
landscapes that are designed for 'l:ater cOFlservatioFl purposes.
GOALS
[No change to text, page 13]
Objective 5.1:
[No change to text, page 13]
Policy 5.1.1:
[Revised text, page 13]
The County shall allo'll mineral extraction operatioFls as proyided in the zoning code.
The Future Land Use Element (FLUE) and the Golden Gate Area Master Plan (GGAMP)
Element of this Growth Management Plan (GMP) delineate future land use designations,
districts and/or subdistricts wherein mineral extraction operations are allowed, either by
right, or through a conditional use permit. The Collier County Land Development Code
(LDC) may 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 struok through are deleted,
13
Conservation & Coastal Management Element
As Adopted by BCC
2,2,07
.A water use plan must be prepared by the applicant and approyed by the County ',Vater
Management Department before new mineral operations are permitted.
Policy 5.1.~~:
[Renumbered text, page 13]
Policy Y-A 5.1.3:
[Renumbered, page 13]
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 13]
Monitoring shall be required to determine compliance with State water quality standards.
Mining actiyities shall stop if \-vater quality standards are violated as a result of the
mining operation. Collier County shall monitor the status of all established state water
quality monitoring programs for mineral extraction activities. The results of the
permitted monitoring program shall be copied to Collier County. In the event that a
mining operation is in violation of water quality parameters established by the permit,
Collier County shall have the right to order a suspension of the mining activities until the
water quality violation is resolved.
Objective 5.2:
[No change to text, page 13]
Policy 5.2.1:
[Revised text, page 13]
The Program will define reclamation standards for the proteetion and restoration of
wildlife habitat.
Reclamation standards for mineral extraction activities shall be as required by the 1986
State of Florida Resource Extraction Reclamation Act, and as referenced in Section 22-
112, of the Collier County Code of Laws and Ordinances, as amended.
Objective 5.3:
[Revised text, page 13]
The Collier County Engineering Services Department shall periodically On biennial
basis, beginning in October, 1998, review and refine estimates of assess the types, aHd
quantities and location of existing minable mineral resources in Collier County, based in
information collected during pnwious biennium.
Policy 5.3.1:
[Revised text, page 13]
The Collier County Engineering Services Department shall Wwork with the Florida
Department of Environmental Protection.. aHd the Florida Geological Survey and local
mining industry officials to inventory and evaluate assess the existing mineral reserves in
Collier County. The inventory and assessment will incorporate use of a GIS-based
database of all areas within the County that are permitted, either by right, or through a
Words underlined are added; words struok through are deleted.
14
Conservation & Coastal Management Element
As Adopted by BCC
2-2,07
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 policies shall apply to all of Collier County except for the
Eastern Lands Study ,^.rea, for '..vl1ich policies are required to be adopted by NO'/ember 1,
~ that portion of the County which is identified on the Countywide Future Land Use
Map (FLUM) as the Rural Lands Stewardship Area Overlay.
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 on 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 lots 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 standards and criteria provided
for in this policy may change for the urea governed by the Golden Gate ,^.rea Master
Plan, \vhich is currently under restudy, by Plan amendment.
(1) 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 melaleuca or other in'/asiye exotic 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, under-story and ground
cover emphasizing the largest contiguous area possible, which may 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 by
reducing the interface between the preserve area and development which decreases
Words underlined are added; words struok through are deleted.
15
Conservation & Coastal Management Element
As Adopted by BCC
2-2-07
the conflicts from other land uses. Criteria for determining 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. Al-l-eOn-site ef and off-site preserve areas shall
be idcmtified as separate tracts and protected by a permanent conservation easement
mechanism to prohibit further development, consistent with the requirements of this
policy. The type of permanent conservation mechanism, including conservation
easements, required for a specific development may vary based on preserve area size,
type of development approvaL and other factors, as set forth in the County's land
development regulations.
(4) Selection of native vegetation to be retained as preser/ation preserve areas shall
reflect the following criteria in descending order of priority:
a. Wetland or upland A.;!reas known to be utilized by Ul'limal 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 by listed species or the
movement through the site, consistent with the requirements of Policy 7.1.1 and
7.1.2 of this ~lement.
b. Xeric Scrub, Dune and Strand, Hardwood Hammocks.
fe. Onsite wetlands having functionality scores of at least 0.65 WRAP or 0.7
UMAM, unless permitted for impact preserved 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. Upland habitat shall be part of the prescrvation requirement '."hen '.vetlands alone
do not constitute all of the requirement. Upland habitats ha';e the following
descendiflg ordcr of priority:
-h Any upland habitat that serves as a buffer to a wetland area as identified in
Paragraph (4)c. above,
2. Listed plant and animal species habitats,
3. Xeric Scrub,
1. Dune and Strand, Hard'.vood Hammocks,
e. ~. Dry Prairie, Pine Flatwoods, and
L 6. All other upland native habitats.
d. Exceptiofls to these priorities are noted in (7) belo\v.
(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 pervious nature
trails or boardwalks are allowed \vithin preser;e areas, as long as any clearing
required to facilitate these uses does not impact the miflimum required vegetation.
Loss of function to the preserve area includes a reduction or a change in
vegetation within the preserve and harming any listed species present in the
Words underlined are added; words struok through are deleted.
16
Conservation & Coastal Management Element
As Adopted by BCC
2-2-07
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
regulations 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 aft)" adverse
impacts the naturally occurring, 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 7.1, as determined by criteria set forth in 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 quality criteria requirements set forth by the
South Florida Water Management District.
(6) A management plan shall be submitted for preserve areas identified by specific
criteria in the land development regulations to identify actions that must be taken to
ensure that the preserved areas will maintain natural diversity 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. If 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 Policy 6.1.1 (11) 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 harming or
reducing the survivability of the native vegetation in its existing locations;
(b) Where the existing vegetation required by this policy is located where proposed
site improvements are to be located and such improvements can not be relocated
as to protect the existing native vegetation;
(c) Where 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 struck through are deleted.
17
Conservation & Coastal Management Element
As Adopted by BCC
2-2,07
E91 Preserv~ation areas shall be interconnected 'tlithin the site and to adjoining off site
preservation areas or wildlife corridors.
(-W2) Should the amount of wetland vegetation exceed the mmImum 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.
(0) Within one year of the effective date of these amendments, the County shall adopt
land development regulations that allow for a process whereby a property owner
may submit a petition requesting that all or a portion of the native vegetation
preservation retention requirement to be satisfied by a monetary payment, land
donation that contains native vegetative communities equal to or of a higher priority
as described in Policy 6.1.1 (4) than the land being impacted, or other appropriate
method of compensation to an acceptable land acquisition program, as required by
the land development regulations. The monetary 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~ rarity and quality 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
agency technical assistance:
d. The type of land use proposed, such as, but not limited to, affordable
housing:
e. The size of the preserve required to remain on site is too small to ensure
that the preserve can remain functional; and
f. Right of Way acquisitions for all purposes necessary for roadway
construction, including ancillary drainage facilities, and including utilities
within the right of way acquisition area.
The land development regulations shall include a methodology to establish the
monetary value, land donation, or other appropriate method of compensation to
ensure that native vegetative communities not preserved on-site will be preserved
and appropriately managed off-site.
(11) Right of Way acquisitions by any governmental entity for all purposes necessary for
roadway construction, including ancillary drainage facilities, and including utilities
within the right of way acquisition area, shall be exempt from mitigation
requirements.
(12) Although the primary intent of this Policy is to retain and protect existing native
vegetation, there are situations where the application of the retention requirements
Words underlined are added; words struok through are deleted.
18
Conservation & Coastal Management Element
As Adopted by BCC
2-2-07
of this Policy is not possible. In these cases, creation or restoration of vegetation to
satisfy all or a portion of the native vegetation retention requirements may be
allowed. 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 may grant a deviation to the native vegetation retention requirements of
this Policy, except for the Native Vegetation Retention Requirements Table, and
provisions in Paragraphs 1. 2, 3, 6, and 7. Within one year of the effective date of
these amendments, the County shall adopt land development regulations to set forth
the process for obtaining a deviation. The regulations shall allow for the granting of
a deviation by the appropriate review board after a public hearing, and for the
granting of a deviation administratively. 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 may be granted
administratively.
The County 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 Policy, 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 quality, 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. Additionally, for residential development in Section 24, if the
dwelling units are not clustered, a minimum of 90% of the slash pine trees present
shall be retained. Further restrictions are identified in the North Belle Meade
Overlay in the FLUE.
c. Non-NRP A 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 struok through are deleted.
19
Conservation & Coastal Management Element
As Adopted by BCC
2,2-07
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.
(I) 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 melah:leca or other inyasive exotic native plant species. The
vegetation retention requirements specified in this policy are calculated on the
amount of "native vegetation" that conforms to this definition.
(2) The preservation of native vegetation shall include canopy, under-story and ground
cover, emphasizing the largest contiguous area possible, which may 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 by
reducing the interface between the preserve area and development which decreases
the conflicts from other land uses. Criteria for determining 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. AH-eOn-site ef and off-site preserve areas shall
be identified as separate tracts and protected by a permanent conservation easement
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 may vary based on preserve area size, type of
development approval. and other factors, as set forth in the County's land
development regulations.
(4) Selection of native vegetation to be retained as the preserve areas shall reflect the
following criteria in descending order of priority:
a. Onsite v/etlands shall be pre~;erved pursuant to Policy 6.2.5 of this element;
~l:r.-Wetland or upland Aweas 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 f>truok through are deleted.
20
Conservation & Coastal Management Element
As Adopted by BCC
2,2,07
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. Parcels containing gopher
tortoises shall protect the largest, most contiguous gopher tortoise habitat ,!/ith the
greatest number of active burro'lls, and provide a connection to off site adjacent
gopher tortoise preserves.
b. Xeric Scrub, Dune and Strand, Hardwood Hammocks.
c.b.:. Onsite wetlands preserved pursuant to Policy 6.2.5 of this Element;
e. Upland habitat shall be part of the preservation requirement 'Nhen 'Netlands aloRe
do Rot constitute all of the requirement. Upland habitats have the following
descending order of priority:
Q. +. Any upland habitat that serves as a buffer to a wetland area, as identified in
(4)c. above.
2. Listed plant and animal species habitats,
3. Xeric Scrub,
1. Dune and Strand, Hardwood Hammocks,
e. ~. Dry Prairie, Pine Flatwoods, and
L ~ All other l:lplaRd native habitats.
(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 pervious nature trails or
board':lalks are allowed within preserve areas, as long as afty clearing required to
facilitate these uses does not impact the minimum required vegetation. Criteria
identifying what constitutes a loss of function 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 regulations
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 storm water discharge where such use, including conveyance,
treatment and discharge structures, does not result in adverse impacts on the
naturally occurring, 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 7.1. as determined by 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 quality criteria requirements set forth by the
South Florida Water Management District.
(6) A management plan shall be submitted for all preserve areas identified by 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 management (if applicable), and maintenance of permitted facilities. If
Words underlined are added; words e:truol< through are deleted.
21
Conservation & Coastal Management Element
As Adopted by BCC
2-2-07
applicable, a listed species monitoring program shall be submitted pursuant to Policy
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.
1. Off-site preservation areas shall be contiguous to designated Sending Lands
and shall be allowed at a ratio of 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 (1) year of the effective date of these amendments,
Collier County 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.
(10) 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 shall be intcrconnected v/ithin the sitc and to adjoining off site
prcservation areas or wildlife corridors;
(+2-11)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 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.
Policy 6.1.3:
[No change to text, page 19]
Policy 6.1.4:
[Revised text, page 19]
[re-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 struok through are deleted.
22
Conservation & Coastal Management Element
As Adopted by BCC
2,2,07
(1) l\.pplicants Petitioners for site plan or plats shall submit and implement plans for
invasive exotic plant removal and long-term control.
(2) The petitioners for development permits shall prepare and submit native
vegetation Mmaintenance plans... which shall describe specific techniques to
prevent re-invasion of the development site by prohibited exotic vegetation of the
site in perpetuity.
(3) The County shall maintain a list of prohibited invasive exotic vegetation species
within the Collier County 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]
Ire-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54]
Exemptions from the native vegetation retention requirements of CCME Policy 6.1.2 -
The requirements of this Policy 6.1.2 shall not apply to, affect or limit the continuation of
existing uses. Existing use shall include be defined as: those uses for which all required
permits were issued prior to June 19, 2002; or... projects for which a Conditional Ut:tse or
Rezone petition has been was approved by the County prior to June 19, 2002; or, land use
petitions for which a completed application has been 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]
Ire-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54]
An Environmental Impact Statement (EIS), or submittal of appropriate environmental
data as specified in the County'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 particular project or development site, the
general area and the greater community. The County'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
Words underlined are added; words struok through are deleted.
23
Conservation & Coastal Management Element
As Adopted by BCC
2,2-07
proposed development in relation to existing environmental characteristics, the degree of
site alterations, and other pertinent information. ,'\.n EIS shall be required for:
1. ,'\.ny site with an ST or ,'\.CSC ST overlay, or \vithin the boundaries of Sending
Lands or NRP,'\.s.
2. ,'\.11 sites seaward of the Coastal High Hazard ,'\.rea boundary that are 2.5 or more
aeres-:-
3. ,^JI sites 1andv/ard of the Coastal High Hazard ,'\.rea boundary that are ten or more
aeres-:-
4. ,'\.ny other development or site alteration, which iR the opinion of the development
services director, v/ould have substantial impact upon environmental quality.
The EIS requiremeRt does not apply to a single family or duplex use on a single lot or
parcel.
The EIS req1:1iremeRt may be \vaived subject to the follo\ving:
1. }..gric1:1ltural uses as defined in 9J 5.003(2), including aq1:1aculture for native
speCIes.
2. After inspection by Cmmty staff aRd filing of a writteR report, any land or parcel
of laRd has been so altered as to have irreparable damage to the ecological,
drainage, or groundwater recharge f1:1nctions; or that the development of the site
'.vill improve or correct the existing ecological functioRs or not require any major
alteratioR of the existing landforms, draiRage, or flora and fauRa elements of the
property. For the purpose of this policy, major alteratioR shall mean greater than
10% of the site.
3. ExemptioRs shall not apply to any parcel vo'ith an ST or ACSC ST overlay, or
within the boundaries of Sending Lands or NRPAs except for single family homes
or as otherwise allowed by the ST or ,^..CSC ST criteria.
Policy 6.1.9:
[No change to text, page 21]
Objective 6.2:
[Revised text, page 21]
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. These policies shall apply to all of Collier County
except for the Eastern LaRds Study ,'\.rea, for which policies are req1:1ired to be adopted by
November 1, 2002. The County's wetland protection policies and strategies shall be
coordinated with the Watershed Management 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 21]
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 struck throllgh are deleted.
24
Conservation & Coastal Management Element
As Adopted by BCC
2-2-07
conservation process shall be coordinated with the Watershed Management Plan process,
as referenced in Obiective 2.1 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 County's Urban
boundary, as delineated on the Countywide Future Land Use Map (FLUM), 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 Lands portion of
the COUFity'S Rural and .\gricultl:lral Assessment (depicted on the FLUM) '.vill be adopted
prior to November 1, 2002 northeastern portion of Collier County, excluding the
community of Immokalee, are contained in the Rural Lands Stewardship Area Overlay
(RLSA Overlay) of the FLUE (and as depicted on the FLUM). Protection measures for
wetlands and wetland systems located Wwithin the Urban and Estates designated areas of
the County, the County '.vill rely on shall be based upon 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, this the permitting agency's mitigation
requirements shall be deemed to preserve and protect wetlands and their functions,:,.>
except for wetlands that are part of a Watershed Management Plan preserve area. The
County shall direct impacts away 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 through implementation of the
following protection and conservation mechanisms:
(1) Conservation Designation
Best available data indicates that 76% of all wetlands found in Collier County are
contained within the bOI:ll'ldary boundaries of the land designated 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 uses 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 e:truok through are deleted.
25
Conservation & Coastal Management Element
As Adopted by BCC
2-2,07
(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
Desifmation Section V.) specifies specify that site alterations shall be limited to
10% of the total site. ,,\ large percentage 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. (Land Use Designation
Section V.
(3) Natural Resource Protection Areas (NRPAs)
Major wetland systems and regional flow-ways were used as criteria to establish
the NRP A Overlay District as shown on the Future Land Use Map, and as
discussed in FLUE Land Use Designation, Section V.C. These areas identify
include high functioning wetland systems in the County and, although portions of
the NRP A Overlay include lands within the Conservation Designation, represent
an additional approximately 12%+ of the County~ wetlands, #tat 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 these areas. Allowable land uses fet: within NRPAs are also subject to
native vegetation retention and preservation standards of 90%. (Rcfcr-cRce the
T\TR,DtI O"e~lay in tlze VLUE)
.L.'" ... ..l..l.. t' I ,... .
(4) Rural Fringe Mixed Use Mixed Use District Sending Lands
Best available data indicates that 16,000:t acres of wetlands are contained within
designated Sending Lands and that such wetlands constitute constituting
approximately 70%+ of land cover in these areas. Incompatible land uses are
directed away from the Rural Fringe Mixed Use District Sending Lands through
an incentive-based Transfer of Development Rights (TDR) Program that allows
land owners within these Sending Lands to transfer their residential density 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 Fringe Mixed Use District. Incompatible land uses are also
directed away from Sending Lands by restricting through restrictions on allowable
uses. (Reference FLUE Rblr-tll Fringe Mixcd Use District.) Finally, allowable
uses within these lands are also subject to native vegetation retention and
preservation standards of 80% to 90%, as required by Policy 6.7.1 of this
Element. (Refer-cRce CCME Policy 6.7.1.)
(5) Flowway Stewardship Areas Ere-numbered to reflect merger of Ordinance No.
2002-32 and 2002-54]
Words underlined are added; words struok through are deleted.
26
Conservation & Coastal Management Element
As Adopted by BCC
2,2-07
Flowway Stewardship Areas have been designated Wwithin the Rural Lands
Stewardship Area Overlay (RLSA), as designated depicted on the Future Land
Use Map, and are shown on the Rural Lands Study Area Natural Resource Index
Map Series. Flowway Stewardship Areas (FSAs) are primarily for the most part
privately owned wetlands that are located within the Camp Keais Strand and
Oka10acoochee 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 elimination of incompatible uses from the FSAs
and, which establish establishment of protection measures.
(6) Watershed Management Plans
Collier County will establish watershed management plans throughout the
County, but with particular emphasis on the Urban and Estates designated areas.
These watershed management 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 quality treatment and water quantity retention/detention areas. The County
shall direct incompatible land uses away 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 part 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 NRP A Oeverlays, and Rural Fringe Sending Lands.
On a project-specific basis, wetlands and wetland functions shall be protected through the
following mechanisms:
(1) 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 (Rcfercnce FLUE Rural F.~inge Mixcd Use 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 grants for restoration.
Policy 6.2.4:
[Revised text, page 23]
Words underlined are added; words struok through are deleted.
27
Conservation & Coastal Management Element
As Adopted by BCC
2,2-07
Within the Urban Designated 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
County shall direct impacts away from such wetlands.
This policy shall be implemented as follows:
(1) 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 part of a Watershed Management Plan preserve area. The County shall direct
impacts away 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 part 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 2.1 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 Areas (NRPAs); lands targeted for a
acquisition by a public or private conservation entity such as CREW laflds; pt:tbHe
or private mitigatioFl baFlks; wetlands that are part of an approved watershed
management plan, as per Obiective 2.1 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 Immokalee Urban Designated Area, there may exists high quality
wetland system~ connected to the Lake Trafford/Camp Keais Strand system.
These wetlands require greater 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. As part of the County's
Evaluation and J\ppraisa1 Report (EJ\R), the County shall identify this area and
map its boundaries on the Future Land Use Map. This area is generally identified
as the area designated as Wetlands Connected To Lake Trafford/Camp Keais
Strand System on the Immokalee Future Land Use Map and is located in the
southwest lmmokalee Urban designated area, connected to the Lake
Trafford/Camp Keais System. Within one (1) year of the effective date of these
amendments, the County shall adopt land development regulations to determine
the process and specific circumstances when the provisions of Policy 6.2.5 will
~
Policy 6.2.5:
[Revised text, page 23]
(Note: This revision applies only to the first paragraph of the subject policy.)
Words underlined are added; words ctruok through are deleted.
28
Conservation & Coastal Management Element
As Adopted by BCC
2,2,07
Within the Rural Fringe Mixed Use District. and that portion of the l.llke
Trafford/Camp Keais Strand Svstem which is contained within the Immokalee Urban
Designated 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]
[re-numbered to reflect merger of Ordinance No. 2002-32 and 2002-54J
Within the Urban Designation and the Rural Fringe Mixed Use District, {required}
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 platted 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(5)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, 26]
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 County shall direct impacts away from such
wetlands. This policy shall be implemented as follows:
(1) 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 Cypress Area of Critical
State Concern, Collier County shall inform applicants for individual single-family
building permits that federal and state wetland permits may be required prior to
construction unless the proposed residence is within a watershed management
conservation area identified in a Watershed Management Plan developed pursuant
to policies supporting Obiective 2.1 of this Element, in which case the appropriate
iurisdictional permit is required prior to the issuance of a building permit. The
County 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 incorporate certain preserved and/or created wetlands and associated uplands
Words underlined are added; words struck through are deleted.
29
Conservation & Coastal Management Element
As Adopted by BCC
2.2.07
into the County'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-family building permits within or adiacent to such
wetlands, subiect to appropriate mitigation requirements, which preserve the
functionality 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 )- 'Within one (1) year of the adoption of these amendments, Collier County shall
continue to work with federal and state agencies to identify properties that
have a high probabilities probability of wetlands and ef animal listed species
occurrence. The identification process will be based on Hhydric 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 tffi.s. 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 year after Watershed Management Plans are accepted by the Board
of County Commissioners, Collier County shall develop and implement
additional means to protect wetland systems identified in each Plan for
preservation or restoration. Means to consider include innovative landowner
incentives, transferable development rights, tax relief. land or easement
acquisition, state and federal grants, and enhanced regulations.
Policy 6.2.8: [No change to text, page 26]
Policy 6.2.9: [No change to text, page 26]
OBJECTIVE 6.3: [No change to text, page 26]
Policy 6.3.1: [No change to text, page 26]
Policy 6.3.2: [No change to text, page 26]
Policy 6.3.3: [No change to text, page 26]
OBJECTIVE 6.4: [No change to text, page 26]
Policy 6.4.1: [No change to text, page 26]
Policy 6.4.2: [Revised text, page 26]
Words underlined are added; words struok through are deleted.
30
Conservation & Coastal Management Element
As Adopted by BCC
2-2-07
Collier County shall ~ontinue to meet coordinate with the appropriate adiacent
Ceounties at a specified frequency to discuss upcoming when reviewing proposed land
development projects that would have an impact on ecological communities in betfl one
or more of the adiacent Counties.
Policy 6.4.3:
[Revised text, page 27]
The C01:1flty shall assist to assure compliaflce with all State aRd Federal Regulations
pertaining to endangered and rare species living in such "shared" ecological systems.
Collier County shall continue to coordinate with adiacent governmental iurisdictions
when making management decisions regarding ecological communities shared by 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 shaH apply to all of Collier County except for the Eastern Lands
Study Area, for \yhich policies are required to be adopted by November 1, 2002. The
County 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-27.005, F.A.c. and
those species designated by 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 ctruok through are deleted.
31
Conservation & Coastal Management Element
As Adopted by BCC
2,2,07
Policy 7.1.6:
[New text, page 32]
The County shall evaluate the need for the protection of listed plants and within one (1)
year 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:
[No change to text, page 32]
OBJECTIVE 7.3:
[Revised text, page 32]
Analysis of Hhistorical data from 1996-1999 shows that the average number of sea turtle
disorientations in Collier County is approximately equal to 5% of the hatchlings from all
teffil nests in the County. Through the following policies, the County's objective is to
minimize the number of sea turtle disorientations.
Policy 7.3.1: [No change to text, page 33]
Policy 7.3.2: [No change to text, page 33]
Policy 7.3.3: [No change to text, page 33]
OBJECTIVE 7.4: [No change to text, page 33]
Policy 7.4.1: [No change to text, page 33]
Policy 7.4.2: [No change to text, page 33]
GOAL 8 [No change to text, page 34]
OBJECTIVE 8.1: [No 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 departments and the County will receive complaints concerning air pollution
problems and refer #tem such complaints to the Florida Department of Environmental
Words underlined are added; words struck through are deleted.
32
Conservation & Coastal Management Element
As Adopted by Bee
2-2,07
Regulation Protection, the Florida Division of Forestry, or the local fire departments as
appropriate.
Poliey 8.1.3:
[Deleted text, page 34]
The local fire departments, Florida Department of Environmental Protection, and the
Florida Division of Forestry ',.",ill investigate and act on complaints that are called in or
referred to them.
Policy 8d-A 8.1.3:
[Renumbered, revised text, page 34]
,'\utomobile emissions ',vill be reduced by the policy of the Sheriff's Department to stop
smoking vehicles and either "varn or ticket the operator for the offense, and by the policy
of the County to require bike paths or sidewalks on new subdi',isions afld major County
roadways and improvements.
Collier County shall act to reduce air pollution from automobile emISSIons through
continuation of the following procedures:
1. The Collier County Sheriff's Office will continue to enforce vehicle exhaust
emissions standards.
2. As part of its development review process, Collier County will require the
construction of sidewalks, bicycle lanes or bicycle paths in all new subdivisions.
3. The County will construct sidewalks, bicycle lanes or bicycle paths in coni unction
with County-funded transportation improvements.
Policy 8.l-.S 8.1.4:
[Renumbered, revised text, page 34]
By January 1,2000, the Collier County shall investigate the need for a more continue to
develop and maintain a comprehensive leeal county-wide air quality monitoring program.
GOAL 9
[No change to text, page 35]
OBJECTIVE 9.1:
[No change to text, page 35]
Policy 9.1.1:
[Revised text, page 35]
The plan shall be developed in cooperation with the Southwest Florida Regional Planning
Council and the local planning committee established under Federal Title III, 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 Gity Cities of Naples, Marco Island
and Everglades City) including the responsibilities and duties of each agency.
Words underlined are added; words E:truok through are deleted.
33
Conservation & Coastal Management Element
As Adopted by BCC
2-2-07
Policy 9.1.3: [No change to text, page 35]
Policy 9.1.4: [No 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: [No change to text, page 35]
Policy 9.2.1: [No change to text, page 35]
Policy 9.2.2: [N 0 change to text, page 36]
Policv 9.2.3: [New text, page 36]
The Collier County Pollution Control and Prevention Department shall work with the
Florida Department of Environmental Protection (FDEP) to establish a new cooperative
agreement between the County and FDEP. The purpose of this agreement shall be to
ensure an additional layer of regulatory oversight in enforcing businesses to be compliant
with federaL state and local hazardous waste management regulations.
OBJECTIVE 9.3:
[No change to text, page 36]
Policy 9.3.1:
[No change to text, page 36]
OBJECTIVE 9.4:
[No change to text, page 36]
Policy 9.4.1:
[Revised text, page 36]
The County shall implement provisions of the contract with the Florida Department of
Environmental Protection under the Federal Title III, the Superfund Amendments and
Reauthorization Act (SARA) provisions in order to avoid any duplication of effort.
Policy 9.4.2:
[No change to text, page 36]
Policy 9.4.3:
[Revised text, page 36]
Unless otherv/ise provided for in CCME Policy 3.1.1, storage tank systems shall adhere
to containment provisions required in 62 761, P..\.C., as it existed on ,^..ugust 31, 1999.
All storage tank systems in Collier County shall adhere to the provisions of Section 62-
761 or 62-762, Florida Administrative Code (F.A.c.) as applicable. Unless otherwise
Words underlined are added; words struol{ through are deleted.
34
Conservation & Coastal Management Element
As Adopted by BCC
2-2,07
provided for within Section 62-761, F.A.C., individual storage tank systems shall adhere
to the provisions of Section 62-761, F.A.c., in effect at the time of approval of the
storage tank system.
OBJECTIVE 9.S aDd Poliey 9.5.1 [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 private recreational facilities:
ab. Public Boat Ramps;
bf. Marinas
1. Coommercial (public) marinas over private marinas;
2. Dry over wet storage;
ego Commercial fishing facilities;
~. Other non-polluting water-dependent industries or utilities7~
f. Marine supply/repair facilities;
g. Residential development.
Policy 10.1.2:
[No change to text, page 37]
Poliey 10.1.3:
[Deleted text, page 37]
Priorities for water related uses shall be:
a. Recreational facilities
b. Marine supply/repair facility
c. Residential deyelopment
Policy M.M 10.1.3:
[Renumbered, revised text, page 37]
In order to minimize the destruction or disturbance of native vegetative communities,
+lhe following priority ranking of shoreline development and the resultant destruction or
disturbaflcc of natiye vegetative communities for water depefldent/',vater related land uses
shall apply:
Words underlined are added; words struck through are deleted.
35
Conservation & Coastal Management Element
As Adopted by BCC
2,2,07
a. areas presently developed,;
b. disturbed uplands,;
c. disturbed freshwater wetlands,;
d. disturbed marine wetlands,;
e. viable, unaltered uplands,;
f. viable, unaltered freshwater wetlands,;
g. viable, unaltered marine wetlands.
Paliey 10.1.5:
[Deleted text, page 37]
In order to protect maRatees, marinas shall be discouraged in desigRated maRa-tee critical
habitat unless other protective measmes are provided. (Reference Policy 7.2.3.)
Policy l4hM 10.1.4:
[Renumbered text, page 38]
Policy l4hh+ 10.1.5:
[Renumbered, revised text, page 38]
Marinas and all other water-dependent and water-related uses shall conform to e#lef all
applicable policies regulations regarding development in marine wetlands. Marinas and
water-dependent/water-related uses that propose to destroy wetlands shall provide for
use by the general public use.
Policy 14M.8 10.1.6:
[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 analysis in
order to demonstrate the public benefit economic Reed and financial feasibility fef of the
proposed 5tl€h development.
Policy t(M..J) 10.1.7:
[Renumbered, revised text, page 38]
Obiective 10.1 and its accompanying +hese policies and the LDC shall serve as criteria
for the review of proposed development within the "Special Treatment" {"ST"} Zoning
Overlay District. designated lands.
OBJECTIVE 10.2:
[No change to text, page 38]
Policy 10.2.1:
[No change to text, page 38]
Policy 10.2.2:
[No change to text, page 38]
Policy 10.2.3:
[Revised text, page 39]
A credit tov/ards any de','eloped recreation and opeR space impact fce shall be given for
developmeRts, which provide public access facilities.
Words underlined are added; words struck through are deleted.
36
Conservation & Coastal Management Element
As Adopted by BCC
2-2,07
Developments that provide public access to beaches, shores and/or waterways may be
eligible for credit toward any recreation and open space impact fee adopted by 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: [No 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]
Pl:1blic expenditure shall be limited to property acquisition and for pl:1blic safety,
education, restoration, exotic removal, recreation and research facilities that '""ill not
substantially alter the natural characteristics and the natural function of the undeveloped
coastal barrier system.
Public expenditures within Collier County's undeveloped coastal barrier system shall be
limited to acquisition for purposes of public safety, 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 barrier system.
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 Control 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 barrier system.
Policy 10.3.7:
[No change to text, page 40]
Policy 10.3.8:
[Revised text, page 40]
Words underlined are added; words struok through are deleted.
37
Conservation & Coastal Management Element
As Adopted by BCC
2.2.07
Development density on undeveloped coastal barrier systems shall not exceed the 10Y/est
density provided in the Future Land Use Element. one (1) dwelling unit per five (5) acres
or as already allowed for established legal nonconforming parcels or lots of record.
Policy 10.3.9:
[No change to text, page 40]
Policy 10.3.10:
[No change to text, page 40]
Policy 10.3.11:
[No change to text, page 40]
Policy 10.3.12:
[Revised text, page 40]
Require 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.
Poliey 19.3.13
[Deleted text, page 40]
These policies shall be implemented through the existing "ST" zoning procedures.
Policy 19.3.14 10.3.13:
[Renumbered, revised text, page 40]
Substantial alteration of the natural grade on undeveloped coastal barriers.. by 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 approyed wastewater treatment system or as part
of an approved public development plan for one or more of the uses allowed by Policy
10.3.4, above.
Policy 19.3.15 10.3.14:
[Renumbered text, page 40]
Policv 10.3.15:
[New text, page 40]
All new development proposed on undeveloped coastal barrier systems shall be reviewed
through the County's existing "Special Treatment" ("ST") zoning overlay district.
Obiective 10.3 and its accompanying policies shall serve as criteria for such review.
OBJECTIVE 10.4:
[No change to text, page 40]
Policy 10.4.1:
[No change to text, page 41]
Policy 10.4.2:
[No change to text, page 41]
Policy 10.4.3:
[Revised text, page 41]
Words underlined are added; words struok through are deleted.
38
Conservation & Coastal Management Element
As Adopted by BCC
2-2-07
Collier County shall PQrohibit activities.. which would result in man:induced shoreline
erosion beyond the natural beach erosion cycle or that would deteriorate the beach and
dune system. Implementation of this policy will be based upon available scientific/coastal
engineering 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:
[N 0 change to text, page 41]
Policy 10.4.7:
[Revised text, page 41]
Collier County shall PQrohibit construction seaward of the Coastal Construction Control
Setback Line except where the same such construction would be permitted pursuant to
the provisions of the Florida Coastal Zone Protection Act of 1985.. ef where sata such
prohibition would result in no reasonable economic utilization of the property in
questions, or for safety reasons. In such cases, construction will be as far landward as is
practicable and effects shall be minimized on the beach and dune 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 ~onstruction seaward of the Coastal Construction COfltrol
Setback Line will be allowed for public access and protection and activities related to
restoration of beach resources. Such ~onstruction sea'.vard of the Coastal CORstruction
COfltrol Lifle,,-shall not interfere with sea turtle nesting, will utilize native vegetation for
dune stabilization, will maintain the natural beach profile, will minimize interference
with natural beach dynamics, and.. where appropriate.. will restore the historical dunes ami
will vegetate with native vegetation.
Policy 10.4.9:
[Revised text, page 41]
Collier County shall prohibit S~eawall construction on properties fronting the Gulf of
Mexico shall be prohibited except in extreme cases of hardship instances where erosion
poses an imminent threat to existing buildings.
Policy 10.4.10:
[Revised text, page 41]
The County shall prohibit .vyehicle~ traffic or traffic on tfte beaches and primary dunes
shall be prohibited except for the following:
.L. Emergency vehicles responding to incidents.
2. Vehicles associated with afld approycd environmental maintenance,
environmental monitoring, or conservation purposes.:.
Words underlined are added; words struok through are deleted. 39
Conservation & Coastal Management Element
As Adopted by BCC
2,2,07
l" Vehicles limited to set-up and removal of equipment of permitted events, in
coni unction with permanent concession facilities, or permitted uses of commercial
hotels.
4. Beach raking or beach cleaning.
~ Vehicles needed for beach nourishment or inlet maintenance
6. Vehicles necessary for construction that cannot otherwise access a site from an
upland area.
The County shall enforce this requirement with the eXlstmg Vehide on the Beach
Ordinance. Vehicles shall be operated in a manner that does not negatively impact the
beach or dune environment. Additional protective regulations shall apply during sea
turtle nesting 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 align with adiacent structures.
Policy 10.4.13:
[No change to text, page 42]
OBJECTIVE 10.5:
[No change to text, page 42]
Policy 10.5.1:
[No change to text, page 42]
Policy 10.5.2:
[No change to text, page 42]
Policy 10.5.3:
[No change to text, page 42]
Policy 10.5.4:
[Revised text, page 42]
Prohibit construction of any structure seaward of the Coastal Construction Setback
Control 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 construction that minimizes interference with natural
function of such beaches and dunes.
Policy 10.5.5:
[Revised text, page 42]
The County shall QProhibit motorize vehicles on the beaches and dunes except for
emergency, environmental monitoring and environmental maintenance purposes. +he
Words underlined are added; words struck through are deleted.
40
Conservation & Coastal Management Element
As Adopted by BCC
2-2-07
County shall enforce this requirement with the existing Vehic1e On The Beach
Ordinance.
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 Control 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 Control
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, 10.2, 10.3, lOA, and
10.5, development within the County's coastal zone shall also meet the following criteria:
1. Densities on the following undeveloped coastal barriers shall not exceed 1
unit per 5 acres;
a. Wiggins Pass Unit FL-65P,
b. Clam Pass Unit FL-64P,
c. Keywaydin Island Unit P-16,
d. Tigertail Unit FL 63 P,
eg. Cape Romano Unit P-15.
Words underlined are added; words struok through are deleted,
41
Conservation & Coastal Management Element
As Adopted by BCC
2,2-07
2. Site alterations shall be concentrated in disturbed habitats thus avoiding
undisturbed pristine habitats (Reference Policy 10.1.4).
3. Beachfront developments shall restore dune vegetation.
4. Projects on coastal barriers shall be landscaped with native Southern Floridian
speCIes.
5. 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
(NRPA - reference CCME Policy 1.3.1). These guidelines and standards
therefore satisfy the requirements of CCME Policy 1.3.1.
Paliey HUt.2:
[Deleted text, page 44]
The requirements of Policy 10.6.1 identifies the gl:lidelines and performance staadards for
the l:Ifldc'Ieloped coastal barriers afld estuaries cOfltained 'tlithin the coastal barrier and
estuarine NRP,'\ (CCME Policy 1.3.2). These standards therefore satisfy the
requirements of CCME Policy 1.3.2.
Policy ~ 10.6.2: [Renumbered text, page 44]
Policy 10.6.3: [No change to text, page 44]
GOAL 11 [No change to text, page 45]
OBJECTIVE 11.1: [No change to text, page 45]
Policy 11.1.1: [No change to text, page 45]
Policy 11.1.2: [No change to text, page 45]
Policy 11.1.3: [No change to text, page 45]
GOAL 12 [No change to text, page 46]
OBJECTIVE 12.1: [Revised text, page 46]
Words underlined are added; words struok through are deleted,
42
Conservation & Coastal Management Element
As Adopted by BCC
2,2-07
The County will maintain +994, hurricane evacuation clearance times as required by state
law. for a Category 3 storm at a maximum of 28 hours as defined by tfle Southwest
Florida Regional~Planning Council Hurricane Evacuation Study Update, and reduce that
time frame by 1999 to 27.2 hours. ,\ctivities will include on site sheltering for mobile
home developments, increased shelter space, and maintenance of equal or lower densities
of the Category 1 evacuation zone as defined in the 1996 Southwest Florida Regional
Planning Council Hurricane E';aeuation Study Update. An evacuation clearance time
shall be defined as having residents and visitors in an appropriate refuge away 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 facility. The Collier County Emergency Management
Department shall seek opportunities to increase shelter facilities and associated capacities
under the direction of the Department of the Florida Division of Emergency
Management.
Policy 12.1.1:
[Revised text, page 46]
A comprehensive av,'areness program '"",ill be dEweloped and publicized prior to may 30ffi
of each year. Evacuation zones and routings shall be printed in each local newspaper.
This information shall be made readily available to all hotel/motel guests.
Collier County will develop and maintain Af! comprehensive public awareness program
v,ill be de'leloped and~ The program will be publicized prior to May 30th of each year.
Evacuation zones, public shelters and [Outings evacuation routes shall be printed in each
local newspaper, displayed on the Collier County Emergency Management website, and
the availability 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:
[Revised text, page 46]
The County shall continue to identify and maintain shelter space that complies with Red
Cross standards for 45,000 32,000 persons by +99& 2006 and 60,000 45,000 by ~
2010. Shelter space capacity will be determined at the rate of 20 square feet per person.
Policy 12.1.4:
[Revised text, page 46]
The County shall continue to maintain hurricane shelter requirements and standards fef
hurricane shelters 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 in 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 BQ,uilding. which provides the on-site shelter space (if this option is chosen), will be
Words underlined are added; words ctruok through are deleted.
43
Conservation & Coastal Management Element
As Adopted by BCC
2-2,07
of such a size as to heuse provide shelter to park or subdivision residents at the rate of 20
-stF square ft feet per resident person. For the purposes of this policy, Resident size will
be estimated by averaging park population during the June Noyember time frame. the
size of the on-site shelter structure shall be determined by estimating the park or
subdivision population during the June-November time frame, based upon methodologies
utilized by the Collier County Emergency Management Department. On site shelters
shaH be elevated to a minimum height equal to or aboye the \vorst case Category 3
hurricane flooding level utilizing the current National Oceanic and ,^.tmospherie
,^~dministration's storm surge model, kno'.vn as Sea, Lake, and Overland Surges from
Hurricanes (SLOSH).; The design and construction of the required shelters shall be
guided by the 'Hind loads applied to buildings and structures designated as "essential
facilities" in the latest Standard Building Code, Table 1205. Shelters shall be constructed
'.vith adequate emergency electrical po vier and potable water supplies; shall provide
adequate glass protection by shutters or boards; and shall provide for adequate
ventilation, sanitary facilities and first aid equipment. A telephone and battery operated
telephone is also required 'Nithin the shelter.
Policy 12.1.5:
[New 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 Category 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 buildings and structures designated as "essential facilities" in
the latest Florida Building Code, shall guide the design and construction of the required
shelters. Shelters shall be constructed with emergency electrical power and potable water
supplies; shall provide glass protection by shutters or other approved material/device: and
shall provide for ventilation, sanitary 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 Ddirectors of the Transportation Planning and Emergency Management Departments
will review, at least annually, evacuation route road improvement needs to asstH'e ensure
that necessary improvements are incorporated reflected within the Capital Impro','ement
and Traffic Circulation Element projects, as indicated in Table 1 of the 1\ppendix Table
A, the Five- Year Schedule of Capital Improvements, as contained within the Capital
Improvement Element of this Growth Management Plan.
Policy 12.1.(; 12.1.7:
[Renumbered, revised text, page 47]
The County shall update the hurricane evacuation portion of the Collier County
Peacetime Emergency Comprehensive Emergency Management Plan prior to June 1 sl of
each year by integrating all appropriate regional and State emergency plans in the
identification of emergency evacuation routes.
Words underlined are added; words struok through are deleted_
44
Conservation & Coastal Management Element
As Adopted by BCC
2-2-07
Policy ~ 12.1.8:
[Renumbered text, page 47]
Policy 12.1.8 12.1.9:
[Renumbered, revised text, page 47]
Collier County shall annually update its approved Hazard Mitigation Plan, formerly
known as the "Local Hazard Mitigation Strategy" through the identification of new or
ongoing local hazard mitigation proiects and appropriate funding sources for such
proiects.
Policy ~ 12.1.10:
[Renumbered, revised text, page 47]
Construct Aall new Public Safety facilities in Collier County will te be floodproofed
flood-resistant and designed to meet -l-@ 155 mph wind load requirements and shall have
provisions for back-up generator power.
Policy 12.1.10 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 te-be designed and
constructed to meet the Public Shelter Design Criteria, as contained in "State
Requirements for Educational Facilities" (+99+ 1999), Section 5.4(15).
Policy 12.1.1112.1.12:
[Renumbered, revised text, page 47]
The County 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 te-be designed and constructed to meet the
Public Shelter Design Criteria, as contained in "State Requirements for Educational
Facilities" (+99+ 1999), Section 5.4(15) and the Florida Building Code.
Policy 12.1.12 12.1.13:
[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 .s.~helter 9geficit
.s.~tudies.
Policv 12.1.14:
[New text, page 47]
Prior to adoption of the 2007 Annual Update and Inventory Report (A.U.I.R.), Collier
County shall evaluate whether to include hurricane shelters in the 5-year schedule of
Capital Improvements.
Policy 12.1.13 12.1.15:
[Renumbered, revised text, page 47]
Words underlined are added; words struck through are deleted.
45
Conservation & Coastal Management Element
As Adopted by BCC
2,2-07
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 universities ("State Requirements for
Educational Facilities," 1999). Additionally this area shall be capable of ventilation or air
conditioning provided by back-up generator for a period of no less than 48 hours.
Policy 12.1.14 12.1.16:
[Renumbered, revised text, page 47]
The County will consider estiXblishing one 'Nay evacuation routes on County maintained
roads for storm events that have the potential for inuRdating 10'.1,' lying popl:Ilated areas.
The County will coordinate with the Florida Department of Transportation FDOT te
consider on its plans to one-wayiftg evacuation routes on State maintained roads that are
primary evacuation routes for vulnerable populations.
Policy 12.1.17
[New Text, pages 47]
Collier County is conducting a Hurricane Evacuation Study. If warranted by the results
of that study, further restriction on development may be proposed.
OBJECTIVE 12.2:
[Revised text, pages 47, 48]
The COURty shall ensure that building alid development activities are carried out in a
manner, 'llhich minimizes the danger to life and property from hurricanes. The public
shall limit its eJ(penditures involving beach and dune restoration and renourishment, road
repair publicly o',vned sea\valls, docking and parking areas. l\ll future unimproved
requests for development in the coastal high hazard areas will be denied.
The County shall ensure that publicly funded buildings and publicly funded development
activities are carried out in a manner that demonstrates best practice to minimize the loss
of life, property, and re-building cost from the affects from hurricanes, flooding, natural
and technological disaster events. Best practice efforts may include, but are not limited
to:
a. Construction above the flood plain:
b. maintaining a protective zone for wildfire mitigation;
c. installation of on-site permanent generators or temporary generator emergency
connection points;
d. beach and dune restoration, re-nourishment, or emergency protective actions to
minimize the loss of structures from future events;
e. emergency road repairs;
f. repair and/or replacement of publicly owned docking facilities, parking areas, and
sea walls, etc.
Policy 12.2.1:
[Revised text, page 48]
Words underlined are added; words struok through are deleted,
46
Conservation & Coastal Management Element
As Adopted by BCC
2,2-07
The Hazard Mitigation section ,-\nnex of the Collier County peacetime Comprehensive
Emergency Management Plan fPBPt (CEMP) shall continue to be reviewed and updated
every three (3) four (4) years beginning in -l-9&& 2005. The Director shall also incorporate
hazard mitigation reports from other agencies into the Peacetime Emergency Plan. This
periodic update of the CEMP shall include a review and update (as may be necessary) of
the County's hurricane evacuation and sheltering procedures.
Policy 12.2.2:
[Revised text, page 48]
Within the coastal high hazard area, fFhe calculated needs for public facilities~
represented in the Annual Update and Inventory 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 by the projections within the
coastal high hazard area. The Future Land Use Element.:. limits ne'"" residefltial
developmeflt, (thus obligation to infrastructure expenditures) to a maximum of four
d'.velling units per gross acre. vlithin the coastal high hazard area. In addition, existing
zoning not vested shall be re evaluated within three years and may change to a deflsity
level cOflsistent '.'lith the Future Land Use Element.
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 approved edition of the Southern Florida Standard Building Code.
Policy 12.2.5:
[Revised text, page 48]
The County shall consider the Ceoastal Hhigh Hhazard Aarea as that a geographical area
lying within the Category I storm surge evacuation zone as presently defined in the 2001
Southwest Florida Regional Planning Council~ Hurricane Evacuation Study. Update or
subsequently authorized storm surge or evacuation planning studies coordinated by the
Collier County Emergency Management Department and approved by the Board of
County 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 unimproved undeveloped property within the
coastal high hazard area and make recommendations on appropriate land use.
Paliey 12.2.8:
[Deleted text, page 48]
Public facilities that are dependeflt on county funding shall not be built in thc coastal
high hazard area unless the facility is designed for public access or for rcsourcc
restoration.
Words underlined are added; words struck through are deleted.
47
Conservation & Coastal Management Element
As Adopted by BCC
2-2-07
OBJECTIVE 12.3:
[No change to text, page 48]
Policy 12.3.1:
[No change to text, page 48]
Policy 12.3.2:
[No change to text, pages 48, 49]
Policy 12.3.3:
[Revised text, page 49]
The Recovery Task Force recovery task force shall include local la'll enforcement
authorities the Sheriff of Collier County, the Community Development and
Environmental Services Division Administrator, the Comprehensive Planning af*l
Director, the Zoning and Land Development Review Director, the Emergency
Management Director and other members as directed by the Board of County
Commissioners (BCC). The Board BGG should also include R:-representatives from
municipalities within Collier County that have received receiving damage from the storm
should also be to become members of the Rrecovery Itask Eforce.
Policy 12.3.4:
[Revised text, page 49]
The recovery task force shall reVIew and decide upon emergency buildiflg permits,
coordinate with State and Federal officials to prepare disaster assistance applicatiofls,
analyze and recommeRd to the COURty Commission hazard mitigation options including
reconstructioR or relocation of damaged public facilities, recommefld amendments to the
Compreheflsive Plan, Peacetime Emergency Plan and other appropriate policies and
procedures.
The Collier County Recovery Task Force responsibilities shall be identified in the Code
of Laws and Ordinances.
Policy 12.3.5:
[No change to text, page 49]
Policy 12.3.6:
[No change to text, page 49]
Policy 12.3.7:
[Revised text, page 49]
The County shall has develop~ af*l adopted and maintains a Post-disaster Recovery,
Reconstruction and Mitigation Ordinance prior to May 30, 1997, te for the purpose of
eva1uateing options for damaged public facilities including abandonment (demolition),
repair in place, relocations, and reconstruction with structural modifications. +ffis.
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 the environment and public safety.
Policy 12.3.8:
[No change to text, page 49]
Words underlined are added; words e:truck through are deleted.
48
Conservation & Coastal Management Element
As Adopted by BCC
2,2,07
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
emergency, such as a hurricane or other large-scale disaster, the County Emergency
Management Department shall open and operate one or more refuges for persons listed
on the County's Special Needs Registry and their caregivers. Medical and support
equipment at such refuges will include, but not necessarily be limited to, respirators,
oxygen 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 51]
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. It The regulation fulfills an important need that is not presently adequately met
addressed by existing Regional, State, or Federal regulation~.
b. The regulation can be effectively and efficiently administered by existing County
staff or by an authorized increases to expansion of County staff.
c. The cost to the County of implementing the regulation shall have has been
identified and considered.
EAR,CCME Adopted by BCC
G: Comp/EAR Amendment Modifications/BCC Adoption Final
cs-bl-ds-jj-dw/2-2"()7
Words underlined are added; words struok through are deleted.
49
Draft
092006.
Figure 1.
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OC81
BC69
ADG BAT Project Changes
Be70
Coverage STEP4
as of 20 July 2006
Modified from the shapefile received
from Lisa Beever on 7/11/06, after
she had added back some old projects
Updated project and group names,
Added Sobczak's areas, resolved
all polygons and names/numbers
according to meeting on 7/11/06,
Polygons are shaded by group.
Some old projects could not yet be
assigned to groups, and are shaded
in gray.
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2007-16
Which was adopted by the Board of County Commissioners
on the 25th day of January, 2007, during Special Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of February, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
[Lu,u ~~ 0,( L'
By: Ann Jennejohn,
Deputy Clerk