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Ordinance 96-41 ORDINANCE 96 - 41 AN ORDIN~]CE AMENDING COLLIER COUNTY ORDINANCE NO. 89-05, AS AMENDED, FOR THE UNINCORPORATED kREA OF COLLIER COUNTY TO ~4END THE I~TURE I3~/~D USE ELEMENT OF THE GROWTH PtANAGEMENT PijtN BY AMENDING THE AREA OF CRITICAL STATE CONCERN (ACSC} l~ "' '~ OVERLAY BY REINSTATING THE AGRICULTURAL ' ~ ~ r-- ,c. EXEMPTION AND MODIFYING THE SITE o r~ F~'~ ]99~, ~, ALTERATION REQUIREMENTS OF TIlE ACSC ~'; REGULATIONS TO THOSE LANDS ZONED ESTATES Cerk -' 8osrd ,,,. ~]D LYING OUTSIDE THE ~uREA OF CRITICAL n, c,. r' STATE CONCERN; PROVIDING FOR " SEVERABILITY; AND PROVIDING ~ EFFECTIVE ':'t~n~c'~'~ 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 this plan amendment process; and WHEREAS, Collier County did submit the Area of Critical State Concern Overlay amendment to the Department of Community Affairs for preliminary review on November 27, 1995; and WHEREAS, the Florida Departmen~ of Community'Affairs did review and make written objections to the amendment of the Growth Management Plan and transmitted the same in ~riting to Collier County within the time provided by law on February 9, 1996 and received on February 13, 1996; and WHEREAS, Collier County has sixty (60) days from receipt of the written objections from the Depa;tment of Community Affairs to adopt, adopt with changes or not adopt the proposed amendment to the Growth Management Plan; and WHEREAS, the Collier County Planning Commission, in a manner prescribed by law did hold a public hearing concerning the adoption of the amendment to the Growth Management Plan on June 6, 1996, and recommended its adoption by the Board of County Commissioners; and WHEREAS, the Board of County Commissioners of Collier County did take action in the manner prescribed in the manner prescribed by law and did hold public hearings concerning the adoption of this amendment to the Growth Management Plan on June 25, 1996; and WHEREAS, all applicable substantive and procedural requirements of law have been met; and NOW, THEREFORE BE IT ORDAINED 8Y THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; SECTION' ONE: ADOPTION OF GROWTH MANAGEMENT PLAN FUTURE LAND USE ELEMENT FaEA OF CRITICAL STATE CONCERN (ACSC) OVERLAY AMENDMENT This Ordinance as described herein, shall be known as the Growth Management Plan Future Land Use Element Area of Critical State Concern (AC-'C) Overlay ~Jnendment. This Amendment is attached hereto and incorporated herein by reference as Exhibit A. SECTION TWO: SEV]ERABILITY .f any phrase or portion of this Ordinance i:; 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 This Ordinance shall become effective upon filing with the Department of State. This Ordinance adopted this .~ of ~=, 1996, after motion, second and majority vote. "'ATTES~"~:." BOARD OF COUNTY COMMISSIONERS ~ i ' ' " " ~N C. NORRIS, CHAIRMAN legal sufficiency: 5ec,e~o~ ATTACHMENT A FUTURE LAND USE ELEMENT AMENDMENT LANGUAGE TO THE AREA OF CRITICAL STATE CONCERN OVERLAY (IX) AREA Q[ CRITICAL STATE CONCERN OVERLAY The Big Cypress Area of Critical State Concern was established by the 1974 Florida Legislature. The Critical Area is displayed on the Future Land Use Map as an overlay area. All development orders within the area shall comply with Chapter 27F-3, Florida Administrative Code, "Boundary and Regulations for the Big Cypress Area of Critical State Concern" or the following regulations, whichever are more restrictive. The Regulations include: A. Site Alteration 1. Site alteration ~hall be limited to ten percent of the total site size, and installation of nonpermeable surfaces shall not exceed 50 percent of any such area. However, a minimum of 2,500 square feet may be altered on any permitted site. (IX) 2. Any nonpermeable surface greater than 20,000 square feet shall provide for release of surface runoff, collected or uncollected, in a manner approximating the natural surface water flow regime of the area. (IX) 3. Soils exposed during site alteration shall be stabilized and retention ponds or performance equivalent structures or systems maintained in order to retain run off and siltation on the construction site. Restoration of vegetation to site alteration areas shall be substantially completed within 180 days following completion of a development. Revegetation shall be accomplished with pre-existing species except that undesirable exotic species shall not be replanted or propagated. Exotic species included are listed below. Australian pine (Casuarina spp.) Bishopwood (Bischofia Javanica) Brazilian pepper (Schinus terebinthifolius) Melaleuca (Melaleuca spp.) Downy rosemyrtle (Rhodomyrtus tomentosa) Earleaf acacia (Acacia auriculiformis) Catclaw mimosa (Mimosa pigra) Java Plum (Syzygium cumini) Words uDderliDed are additions; words struck through are deletions. (IX) 4. No mangrove trees or salt marsh grasses shall be destroyed or otherwise altered. Plants specifically protected by this regulation include: all wetland plants listed by the Florida Department of Environmental Regulations in Chapter 17-301, Florida Administrative Code, as amended. 5. Fill areas and related dredge or borrow ponds shall be aligned substantially in the direction of local surface water flows and shall be separated from other fill areas and ponds by unaltered area of vegetation of comparable size. Dredge or borrow ponds shall provide for the release of stormwater as sheet flow from the downstream end into unaltered areas of vegetation. Access roads to and between fill areas shall provide for the passage of water in a manner approximating the natural flow regime and designed to accommodate the 50-year storm. Fill areas and related ponds shall not substantially retain or divert the total flow in or to a slough or strand or significantly impeded tidal action in any portion of the estuarine zone. 6. Manmade lakes, ponds or other containment works shall be constructed with a maximum slope of 30 degrees to a depth of six feet of water. When mineral extraction is completed in new quarrying lakes, shoreline sloping, planting of littoral shelves with nursery grown aquatic vegetation, restoration or revegetation of the property and disposal of spoils or tailings shall be completed before abandonment of the site. Existing quarrying lakes are exempt from this provision except that whenever any person carries out any activity defined in Section 380.04 Florida Statutes as amended, as development or applies for a development permit as defined in Section 380.031 Florida Statutes as amended to develop any existing quarrying lake area, these regulations shall apply. 7. Finger canals shall not be constructed in the ACSC-ST Area. 8. For land zoned ee3e Estates. OUtside of the Area of Critical State Concern, and identified as Southern Golden Gate Estates in Goal 2 of the Golden Gate Area Master Plan, ~-~ ~ ....... ~ :'" ~a--~9~opo~in~ ~ .... :~ .... :"'~ ........ "' site alteration percentage limits may be adjusted for site alteration activities designed for conservation and/or environmental purposes as set forth in an environmental impact statement approved Words underlined are additions; words struck through are deletions. 2 by the Board of County Commissioners. Such site alteration activities include: (i) prescribed fires and associated firebreaks as approved by the FlOrida department of forestry; (ii) removal and control of listed exotic plant species, (iii) native habitat occurring plant species; (v) restoration of historical hydroperiods; and (vi) other activities designed for conservation and environmental purposes reviewed on a case by case basis. 9. This rule shall not aDD1y to site alterations undertaken in connection with the agricultural us~ of land Qr for the converSion of land to aqricultural use. (Ix) D, DrainaGe 1. Existing drainage facilities shall not be modified so as to discharge water to any coastal waters, either directly or through existing drainage facilities. Existing drainage facilities shall not be expanded in capacity or length except in conformance with paragraph (2) below however; modifications may be made to existing facilities that will raise the groundwater table or limit saltwater intrusion. 2. New drainage facilities shall release water in a manner approximating the natural local surface flow regime, through a spreader po~,d or performance equivalent structure or system, either on-site or to a natural retention or filtration and flow area. New drainage facilities shall also maintain a groundwater level sufficient to protect wetland vegetation through the use of weirs or performance equivalent structures or systems. Said facilities shall not retain, divert, or otherwise block or channel the naturally occurring flows in a strand, slough or estuarine area. 3. New drainage facilities shall not discharge water into any coastal waters either directly or through existing drainage facilities. 4, This rule shall not applv to drainag~ £acilities modified or constructed in order to use land for~qricultural DurDQs~s or tQ convert laDd..to such use, Words Upderlined are additions; words etruck through are deletions. C. TranspOrtation (IX) 1. Transportation facilities which would retain, divert or otherwise block surface water flows shall provide for the re-establishment of sheet flow through the use of interceptor spreader systems or performance equivalent structures and shall provide for passage of stream, strand, or slough waters through the use of bridges, culverts, piling construction or performance equivalent structures or systems. (IX) 2. Transportation facilities, shall be constructed parallel to the local surface flow, and shall maintain a historic ground water level sufficient to protect wetland vegetation through the use of weirs or performanc~ equivalent structures or systems and as feasible, the flows in such works shall be released to natural retention filtration and flow areas. 3. Transportation facility construction sites shall provide for siltation and runoff control through the use of settling ponds, soil fixing or performance equivalent structures or systems. (IX) p, Str~ture Installation 1. Placement of structures shall be accomplished in a manner that will not adversely affect surface water flow or tidal action. 2. Minimum lowest floor elevation permitted for structures shall be at or above the 100 year flood level, as established by the administrator of the Federal Flood Insurance Administration. The construction of any structure shall meet additional Federal Flood Insurance Land Management and Use Criteria, 24 CFR 1910, as amended, and administered by the appropriate local agency. 3, This rule shall not apDlV tO structures used Or intended for use iD connection with the agricultural use of the land, Words underlined are additions; words struck through are deletions. All Development Orders issued for projects within the Dig Cypress Area of Critical State Concern shall be transmitted to the State of Florida Department of Community Affairs for review with the potential for appeal to the Administration Commission pursuant to Chapter 9J-l, Florida Administrative Code, Development Order Requirements for Areas of Critical State Concern. Port of the Islands is a unique development which is located within the Urban Designated Area, but is also totally within the Big Cypress Area of Critical State Concern. However, a portion of the development was determined "vested" by the State of Florida, thus exempting it from the requirements of Chapter 380, Florida Statutes. Further, there is an existing Development Agreement between Port of the Islands, Inc. and the State of Florida Department of Community Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Given the unique and isolated location, and the existing Development Agreement, development within Port of the Islands shall be regulated by the Development Agreement and the overall residential density and commercial shall not exceed that permitted ul]der zoning at time of adoption of this plan. CRITICAL STATE CONCERN OVERLAY/14156/md Doc. Ref. Dm/Attachment A ACSC Words Underlined are additions; words etruck through are deletions. 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 copy of: ORDINANCE NO. 96-41 Which was adopted by the Board of County Commissioners on the 23rd day of July, 1996, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 24th day of July, 1996. Clerk of Courts and Ex-officio to Board County Commissioner Deputy Clerk