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Ordinance 2009-32 6{;,S67f..fEi16,,-, /\Y t //.;\ / ! \tt~~t~ ~~~\ j\.i~ ZQQ9 AN -;: !RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF . C~ IER COUNTY, FLORIDA, RELOCATING THE ENVIRONMENTAL .. ~ ISORY COUNCIL ORDINANCE FROM THE LAND DEVELOPMENT "'l;;P-7 7fl.<f DE INTO THE COLLIER COUNTY CODE OF LAWS AND ,,--,=-~-~~~ ORDINANCES BY READOPTING SAID CODE IN ITS ENTIRETY AS A ST AND-ALONE ORDINANCE WHILE CONCURRENTL Y REPEALING SECTION 8.06.00 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 2009-.3.2- ',>:....\ WHEREAS, Chapter 8 of the Collier County Land Development Code sets forth the establishment, powers and duties of a number of decision-making and administrative bodies, including the Planning Commission, the Board of Zoning Appeals, the Building Board of Adjustments and Appeals, the Environmental Advisory Council, and the Historic! Archaeologic Preservation Board; and WHEREAS, Article VIII (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Collier County Code of Laws and Ordinances also contains the establishment, powers and duties of a number of decision-making and administrative bodies, including the Health Facilities Authority, the Housing Finance Authority, the Coastal Advisory Committee, the County Government Productivity Committee, the Hispanic Affairs Advisory Board, the Black Affairs Advisory Board, the Affordable Housing Advisory Committee, the Tourist Development Council, the Development Services Advisory Committee, the Animal Services Advisory Board, as well as others, and also contains Standards for the Creation and Review of County Boards; and WHEREAS, there are a limited number of annual amendment cycles for the Land Development Code, whereas amending general ordinances has no such constraint; and WHEREAS, the Board finds that it is in the public interest to relocate this portion of the Land Development Code into the Collier County Code of Laws and Ordinances and to create separate ordinances for each of these Boards, thereby making it easier to amend these rules and regulations as the need arises, as well as to have the ordinances concerning all of the County's decision-making and administrative bodies located within the same administrative section of the Collier County Code of Laws and Ordinances. 10f8 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Collier County hereby readopts Section 8.06.00 (Environmental Advisory Council) of the Collier County Land Development Code in its entirety, as a separate, stand-alone ordinance, as follows: (1) Establishment There is hereby established an Environmental Advisory Council ("EAC"). The EAC obtains its jurisdiction, powers, and limits of authority from the BCC, and pursuant to this LDC, shall act in an advisory capacity to the BCC in matters dealing with the regulation, control, management, use, or exploitation of any or all natural resources of or within the County, and the review and evaluation of specific zoning and development petitions and their impact on those resources. (2) Purpose The EAC will function to: A. Advise on the preservation, conservation, protection, management, and beneficial use of the physical and biological natural resources (atmospheric, terrestrial, aquatic, and hydrologic) of the County in regard to the safety, health, and general well-being ofthe public; B. Advise and assist the County staff and the BCC toward developing the purpose, intent, and criteria of all County ordinances, policies, programs, and other initiatives dealing with natural resources; C. Provide written and oral reports directly to the BCC regarding recommendations on matters dealing with the protection of natural resources; and D. Review and recommend stipulations addressing the preservation, conservation, protection, management, and beneficial use of the County's physical and biological natural resources (atmospheric, terrestrial, aquatic, and hydrologic) for petitions and/or plans for selected development orders, including, but not limited to, rezones, developments of regional impact, provisional uses, subdivision master plans, and planned unit development amendments that are directed to the EAC by County staff, the BCC, or the provisions of this the LDC. Page 2 of8 (3) Powers and Duties The powers and duties of the EAC are as follows: A. Identify, study, evaluate, and provide technical recommendations to the BCC on programs necessary for the conservation, management, and protection of air, land, and water resources and environmental quality in the County; B. Advise the BCC in establishing goals and objectives for the County's environmental conservation and management programs; C. Advise the BCC in developing and revlSlng, as appropriate, local rules, ordinances, regulations, programs, and other initiatives addressing the use, conservation, and preservation of the County's natural resources; D. Advise the BCC in the implementation and development of the GMP regarding environmental and natural resource issues; E. Advise the BCC in identifying and recommending solutions to existing and future environmental issues; F. Serve as the technical advisory committee to advise and assist the County in the activities involved in the development and implementation of the County environmental resources management program as stated in the Collier County GMP; G. Implement the water policy pursuant to this the LDC; H. Provide an opportunity for public comment on environmental issues, ordinances, and programs; I. Implement the provisions of the Conservation and Coastal Management Element of the Collier County GMP during the review process for development petitions and/or plans; J. Participate in the review and recommendation process for excavations over 500,000 cubic yards; K. Assist in the implementation of any new programs, ordinances, and/or policies adopted by the BCC which deal with the conservation, management, and protection of air, land, water, and natural resources and environmental quality in the County; L. Provide an appellate forum and process to hear disputes between County staff and applicants concerning land development projects and recommend proposed stipulations for project approval or grounds for project denial for BCC consideration; ,._,......~..-.- Page 3 of8 M. Function as an environmental impact statement (EIS) review board pursuant to Chapter 10 of the LDC; and N. All preliminary subdivision plat and/or site development plan submissions for development or site alteration on a shoreline and/or undeveloped coastal barrier shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the EAC. If the applicant chooses not to utilize the optional preliminary subdivision plat process, the review and approval will occur at the time of either the final plat and construction plans or the final plat. O. Scope of land development project reviews. The EAC shall review all land development petitions which require the following: an environmental impact statement (EIS) per section 10.02.02 of the LDC; all developments of regional impact (DRI); lands with special treatment (ST) or area of critical state concern/special treatment (ACSC/ST) zoning overlays; or any petition for which environmental issues cannot be resolved between the applicant and staff and which is requested by either party to be heard by the EAC. The EAC shall also review any petition which requires approval of the Collier County Planning Commission (CCPC) or the board of county commissioners (BCC) where staff receives a request from the chairman of the EAC, CCPC or the BCC for that petition to be reviewed by the EAC. 1. Any petitioner may request a waiver to the EAC hearing requirement, when the following considerations are met: I) no protected species or wetland impacts are identified on the site; 2) an EIS waiver has been administratively granted; 3) ST zoning is present and an administrative approval has been granted; or 4) an EIS was previously completed and reviewed by staff and heard by a predecessor environmental board, and that EIS is less than 5 years old (or if older than 5 years, has been updated within 6 months of submittal) and the master plan for the site does not show greater impacts to the previously designated preservation areas. 2. The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC except to evaluate the criteria for allowing treated stormwater to be discharged in Preserves as allowed in section 3.05.07 of the LDC. Page 4 of8 (4) Membership A. Appointment. Nine regular members and 2 alternate members of the EAC shall be appointed by, and serve at the pleasure of, the BCe. Alternate members will be requested to attend meetings when regular members have notified staff that they will be absent. Alternate members will participate in discussions and vote when replacing a regular member. Appointment to the EAC shall be by resolution of the BCC and shall set forth the date of appointment and the term of office. Each appointment shall be for a term of 4 years. Terms shall be staggered so that no more than a minority of such members' appointments will expire in any one year. B. Vacancies. Vacancies on the EAC shall be publicized in a publication of general circulation within the County, and vacancy notices shall be posted in the County libraries and County courthouse. C. Qualifications. Members shall be permanent residents and electors of the County and should be reputable and active in community service. The primary consideration in appointing EAC members shall be to provide the BCC with technical expertise and other viewpoints that are necessary to effectively accomplish the EAC's purpose. In appointing members, the BCC should consider a membership guideline of 6 technical regular members and 3 non-technical regular members, and 2 technical alternate members. Technical members shall demonstrate evidence of expertise in 1 or more of the following areas related to environmental protection and natural resources management: air quality, biology (including any of the subdisciplines such as botany, ecology, zoology, etc.), coastal processes, estuarine processes, hazardous waste, hydrogeology, hydrology, hydraulics, land use law, land use planning, pollution control, solid waste, stormwater management, water resources, wildlife management, or other representative area deemed appropriate by the BCe. D. Removal. Any member of the EAC may be removed from office by a majority vote of the BCe. E. Officers. The officers of the EAC shall be a chairman and a vice-chairman. Officers' terms shall be for 1 year, with eligibility for reelection. The chairman and vice-chairman shall be elected by a majority vote at the organizational meeting and thereafter at the first regular meeting of the EAC in October of each year. The chairman shall preside at all meetings of the EAe. The vice-chairman shall perform the duties of the chairman in the absence or incapacity of the chairman. In case of removal, resignation, or death of the chairman, the vice-chairman shall Page 5 of8 perform such duties as are imposed on the chairman until such time as the EAC shall elect a new chairman. Should the offices of chairman and or vice-chairman become vacant, the EAC shall elect a successor from its membership at the next regular meeting. Such election shall be for the unexpired term of said office. (5) Quorum and Voting A simple majority of the appointed members ofthe EAC shall constitute a quorum for the purpose of conducting business. An affirmative vote of 5 or more members shall be necessary in order to take official action, regardless of whether 5 or more members of the EAC are present at a meeting. (6) Rules of Procedure A. The EAC shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings, and determinations. B. The following standing subcommittees comprised solely of the EAC's membership shall exist to advance the duties and responsibilities of the EAC: 1. Growth management. The EAC may establish other subcommittees comprised solely of its membership to facilitate its functions. Meetings of the subcommittees shall conform to the same public notice requirements as that of the EAC. (7) Compensation Members of the EAC shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the BCe. (8) Meetings Regular meetings of the EAC shall be held on the first Wednesday of each month at 9:00 a.m. or otherwise as determined by the County Manger Manager or designee, in the BCC's meeting room, third floor, building "F," Collier County Government Complex, Naples, Florida. Special meetings of the EAC may be called by the chairman or by a majority ofthe membership. Page 6 of8 (9) Evaluation of the EAC The EAC shall be reviewed for major accomplishments and whether it is serving the purpose for which it was created once every 4 years commencing with 2003 in accordance with the procedures contained in Collier County Ordinance No. 86-41, as amended. (10) Appeal A. Any person aggrieved by the decision of the County Manager or his designee regarding any petition for which environmental issues cannot be resolved between the applicant and staff in which there is no other avenue of appeal may file a written request for appeal, not later than 10 days after said decision, with the EAe. The EAC will notify the aggrieved person and the County Manager or his designee of the date, time and place that such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all parties waive this requirement. The appeal will be heard by the EAC within 60 days of the submission of the appeal. No less than 10 days prior to the hearing the aggrieved person and staff shall submit to the EAC and to the County Manager or his designee copies of the data and information they intend to use in the appeal, and will also simultaneously exchange such data and information with each other. Upon conclusion of the hearing the EAC will submit to the Board of County Commissioners its facts, findings and recommendations. The Board of County Commissioners, in regular session, will make the final decision to affirm, overrule or modify the decision of the County Manager or his designee in light of the recommendations of the EAe. SECTION TWO: Repeal of Ordinance. Concurrent with the effective date of this ordinance, Section 8.06.00 (Environmental Advisory Council) of the Collier County Land Development Code is hereby repealed in its entirety. SECTION THREE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. Page ~ of8 SECTION FOUR: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of Article VIII (Boards, Commissions, Committees and Authorities) of Chapter 2 (Administration) of the Code of Laws and Ordinances of Collier County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 4.\Wiay of ~ , 2009. \. ATTEST:, . DWIGHT E. BR?CK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER ~NTY' FLORID~ By: ~" d~ DONN FIALA, CHAIRMAN J3y: ,-.. . 'to, a.. - .t."'.-I- .."}'",, " '..;'!!:,."J ved as to form lency: 'ThIs ordinance fi led with tt1e Secretory of State's Office tne -~ day of _oJ c.Jne.... "' 1.e#f ond acknowledgement of that fi/ir.g\~ec~ived thiS ~ day of '--AJ~ By Page 8 of8 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 2009-32 Which was adopted by the Board of County Commissioners on the 26th day of May, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of May, 2009. DWIGHT E. BROCK j ').. , Clerk of Courts.and.CJ:'~!rk Ex-officio to B0a~d of County Commissioners .~~I By: Martha Vergara, Deputy Clerk