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Ordinance 89-049 ORDINANCF 89 - 49 - ".~AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE ~'~.~_{{O. 82-2, AS AMENDED, THE COMPREHENSIVE ZONING~ U~TIONS FOR THE UNINCORPO~TED AREA OF . ~.~ ;":,,~COLLIER COUNTY BY AMENDING SECTION 7.27, HABITAT IDENTIFICATION; BY PROVIDING FOR REMOVAL OF EXOTIC SPECIES; BY PROVIDING FOR A PROG~ TO PREVENT REINVASION OF EXOTIC SPECIES; BY PROVIDING A REQUIREMENT TO OBTAIN A TREE REMOVAL PERMIT PRIOR TO LAND CLEARING; BY PROVIDING A REQUIREMENT TO PRESERVE AN APPROPRIATE AMOUNT OF NATIVE HABITAT; BY REQUIRING FOR A PROTECTED SPECIES SURVEY; BY PROVIDING FOR CONFLICT AND SEVERABILITY; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the current County Growth Management Plan, that has been approved by the Board of County Commissioners provides for identification, protection, conservation, and appropriate use of its native vegetative communities, and wildlife habitats; and, WHEREAS, Policy 6.4.1 of the Conservation and Coastal Management Element of the County Growth Management Plan requires identification of native habitat communities; and WHEREAS, Policy 6.4.3 of the Conservation and Coastal Management Element of the County Growth Management Plan requires new developments to implement a program for removal and long-term 'control of exotic plants; and WHEREAS, 'Policy 6.4.5 of the Conservation and Coastal Management Element of the County Growth Management Plan requires that developments greater than 2.25 acres receive a tree removal permit according to the requirements of the Tree Removal Ordinance (Ord. 75-21), as amended; and WHEREAS, policies 6.4.6, 6.4.7, and 6.4.8 of the Conservation and Coastal Management Element of the County GrOwth Management Element requires that new developments retain an appropriate amount of native vegetation on site; and WHEREAS, Policies 7.3.6 of the Conservation and Coastal Management Element of the County Growth Management Plan requires a survey for protected species; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Words underlined are additions; Words s~u=k-%h~ough are deletions. i:.'S' ':' -1- · ' ,oo '036 SECTION ONE: Ordinance 82-2, Section 7, Subsection 7.27 (PUD) Planned Unit Development , e. Planned Unit Development District: General Req~iraments and Limitations: 2) Master Plan (a) A development plan, drawn to acceptable scale, which shall indicate:, shall be amended to read as follows: (3) Boundaries of the subject property, all existing streets, land uses, watercourses, easement, section lines, and other important physical features within and adjoining the proposed project. Developments shall identify, protegt, conserve and aoorooriatelv use native vegetative commu~it~e~ add wildlife habitat. Habitats add their boundaries shall be identified on an aerial pho~ogyaph of the S~%¢, Habitat identificat~oB will be consistent with the Florida Department Of Transportat~og Florida Land Use Cover and Forms Classification System and shall be depicted on an aerial photoqraph havin~ a scale Qf one inch equal to at least 200 feet when available from the County. otherwise, a scale of at least one incJl_~qual to 400 fe~t is a_cccDtable. Information obtained bv ground-truthing Su~-vevs shall have precedence over ~nformation presented throuch photographic evidence. SECTION T~O: Ordinance 82-2, Section 7, Subsection 7.27 (PUD) Planned Unit Development, f. Planned Unit Development: Specific Requirements, Limitations, and Standards, shall be amended by the addition of the following: (13) Preservation and Protection of Desirable Natural Historic or Archaeological Features: Every effort shall be made in the planning and development of a PUD District to preserve and protect desirable natural, historic, or archaeological features of the site including trees and other vegetation of consequence. The disturbance of terrain or vegetation in a manner likely to significantly increase either wind or water erosion within or adjacent to the PUD District is prohibited. All exotic plants, as defined in CountY Ordinance 82-37. iL2 amendg_~, shall be removed during each Dbase of ¢onst:~uction from development areas, Open space areas, and presewe areas, Followin~ site development. maintenance program shall be implemented ~O prev~t ~invasion of the site by exctic species. This plan, which will describe control tecb~icues and inspectiog t n~e tva 1 s, _ sba 11._ b~_f t led_wi~h_and, uubJ ])~y__iJto (~omm~l]Jty D~velol)ment Services Diro. ctor or des%qnee. Flexibilitv in the for~ of areatrade-offs or mitiqation should be allowed iD the d~ter~lination of areas within developments tq be Preserved, The developer of the Planned Unit Development shall be. subject to Ordinance 75-21 CoT thc tree/v=ggtation removal ordinance in existence ~t the %ime permittinq), reauirin~ a tree removal Words ~ are additions; Words s~tt=k-%h~eugh are deletions. 036 103' : ..... -2- ~00~ land clearing, A site clearing plan shall be submitted to the Development Se~;ices Director or desionee for their review and subject to approval prier to any work on the s~te, This plan may be_~subm~tted in phases to coincide with the development schedule. The sit~ clearing Plan shall clearly depict how th~ ~inal site lavoq~ incorporates retained native vegetation to th~ maximum extent practical and how roads, buildings. lakes, parking lots. and other facilities__have been oriented tO ~ccommodate this Goal. One criterion to be used in eva~uatinG the extent of native ve~etation to be retained shall be a consideration of th~ land SECTION THREE: Ordinance 82-2, Section 7, Subsection 7.27 (PUD) Planned Unit DmYmlopment, f. Planned Unit Development: Specific Requirements, Limitations and Standards: 3) Character of the site;, shall be amended by the addition of the following paragraphs, to read as follows: 3) Character of Site: Any propos{d PUD shall be suitable for development in the manner proposed without undue hazards to persons or property, on or off the tract, from probability of flooding, wind or water erosion, subsidence of buildings or other structures of facilities. Condition of soil, ground water level, drainage, and topography shall all be appropriate to both kind and pattern of use or uses intended. The site shall also contain sufficient width and depth to accommodate adequately its prdposed use and design. ~~r_~Jdiol~lal developments greater than 2.5 acres in the Coastal ManaGement Area as defined in the 1989 i~ition of the Future Land Use Element of the Countv Growth Management Plan and Greater than 20 acres in tho 9oast~l Urban Desinnated Area as defined in the General Plan Reguirements sect~o~ o~ the Adoption Notebook of the 1989 edition of the Future Land Use ~lement of th9 County Growth Management P~an shall retain 25% of the y_iablo naturally functioning native veget~Tut~ion on s.l_%9 including both the understorv and the Ground cover emphasizing the largest contiguous area possible, wheg several different native plant communities exist on site. tho development plans will reasonably attempt to preserve examples of all of them if possible. Areas of l~%nds_capin~_and_Qpell_~Dace which ar~ planted with nativ~ ~pecles shall be %Dcluded in the 25% reGuirement 9Qnsiderin~ both B~derstorv and Groundcover. Where a ~Loject has included eden space, recreation amenities Qr preserved wetlands that meet or exceed the minimum open space cr%teria of colligr County, th~s policy shall not be construed to reGuire a larger percentage of open space set aside to meet the 25~ patSve.¥oge~ation po%icy. This policy shall not be interpreted to alloE ~¢yelopm~nt in wetlands, should the wetlands alone ~onstitute more then 25% of the sl~e. Exceptions shall ~e Granted for parcels that cannot reasonably accommodate both tho native ~'ogetation a~d tho ProPosed a~t~vitv~ ~1i other types o~ new dov~%opmeDt shall be required ~0 preserve an appropriate porti~B of the native veGetati6n of the site as determined through the County development review process. Preservation o: different conti~uous Words u~erline~ are additions; Words s%~eR-th~u~h are deletions. : . :'..... ,oo habitats ts to be encouraged, when several native plant communities exist on si~e the development plans will reasonably attempt to preserve exammles of all of them is possible. However, this Policy shall not be Interpreted to_a~gj~ dovelo~mont in wet]~nd(), should wetlands alone constitute more than the portion of t~k9 site required to be preserved, ~xceptioD$ shall be granted for parcel~ which can not reasonably accommodate both the preservation area and the proposed activitv~ Agricultur~ ~hall_~Q QXOmDt from _the above pros~rvat.[on requirements provided that any new clearing of land for agriculture shall not be coDvert9~ to ggn-agricultur,%~ d~vel~plit~r at least ten years. For any such conversion in less than ten veers, the converted lan(X will be restored with native vegetation to the degreq required by_C~n%v ordinances in effoct_~t~thg__~;]19 ~rino occurred, SECTION FOUR: Ordinance 82-2, Section 7, Subsection 7.27 (PUD) Planned Unit Development, e. Planned Unit Development District: 2) Master Plan shall be amended by the addition of the following requirement: Developments shall identifvo protect, conserve a~d appropriately use native veqetative communities and wildli~ An appropriate protected species survey using current methodology of the Florida Game and Fresh Water Fish Commission shall be reouired for developments greater than acres as part of the County's EIS review process. An appropriate protected species survey should include considerations for species known or likely to occur in or around habitat~ in the development area, SECTION FIVE: 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. Words upderlin~d are additions; Words struok-%hro~gh are deletions. SECTION SIX: Effective Date: This Ordinance shall become offective upon receipt of notice from the Secretary of state that this Ordinance has been filed with the Secretary of State. ATTEST: BOA.RD OF COUNTY COM/4ISSIONERS · ¥-'.,.~_~,//y. ¢~ ~ ~ · . U .. ,~ .. APPRO~D A~ TO FO~ AND LEGAL SUFPICIENCY · ~ KENNETH B. CU~/~ER/) COUNTY ATTORNEY Words underlined are additions; Words s%=uek-%h~ough are .deletions. STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby ce['tify that the foregoing is a true copy of: Ordinance No. 89-49 which was adopted by the Board of County Commissioners on the '25th day of July, 1989, during Regular Session. WITNESS my hand and the official'~.eal of the Board of County COmmissioners of Collier County, Florida, this 2nd Au~uet, 1989. JAMES C. GILES Clerk of Courts and Clerk Ex-officio to Board of ommissioners By: Virginia Magri Deputy Clerk 036,,,:107