Ordinance 89-050 ]~N ORDINANCE AMENDING COLLIER COUNTY ORDINANCE'
'~E a2 '.~LIER COUNTY, BY ~ENDIN~ SECTION 9, SPECIAL
· 'm ' ..X~NTIPICATION: ~Y ~ENDINg THE ~tEQUIREMENTS TO
,,.' ~ '~:~AIN ~ TREE REMOVAL PEmXIT~ BY REQUIRING A
~Z ~ [~OTEC?ED SPECIES SURVEY~ PROVI~IN~ FOR CONFLICT
.~ '~D SEVE~BILITY~ ~D PROVIDING FOR ~ EFFECTIVE
~ ~TE.
~{EREAS, thQ 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
WHEREA%, Policy 6.4.3 of the Conservation and Coastal
Management Element of the County Growth Management Plan requires
new development 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 re~lires
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 7.3.6 of the Conservation and Coastal
Management Element of the County Growth Management Plan re~ires
a survey for protected species;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD~:OF COUNTY
COM~4ISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
Subsection 9.1 "ST" Special Treatment Overlay District, i.e.,
Procedure and Requirements for Site Alteration Plan or Site
Development Plan Approval for Development in "ST" Designated
Land. e.2) Requirements: (a) (5), shall be amended to read as
follows:
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Words underlined are added; words s%rusk-%h~e~gh are deleted.
Exact survey showing the project boundaries, any existing
street, water courses or easements within or adjacent to the
proposed development. Developments shall identifY, protect.
conserve and appropriately use native veqetative communities
~nd wildlife habitat. Habitats and their boundaries shall be
identified on an aerial photoqraph of the site, Habitat
identification wilt be gQDs~s~e~t w~th the Florida Department
of Transportation Florida band Use Cover add ~o~ms
Classifi~tion Systems and shall b~ dePiCg~d on an aerial
PhotograPh havinc a scale of one inch ecD~al to at least 200
feet when available from the Countv, otherwise, a scale of at
least one inch equal to 4QQ fe~ ~$ a~cep~able. Information
obtained by ~round-truthin~ surveys shall have precedence
over information Presented through photQqV~phic evidence.
SECTION TWO:
Subsection 9.1 "ST" Special Treatment Overlay District, i.e.,
Procedure %nd Requirements for Site Alteration Plan or Site
Development in "ST" Designated Land. e.2) Requirements: (k),
shall be amended to read as follows:
shall be subject to Ordinance 75-21 ~or the tree/ve~etation
removal ordinance in e~istence a the t~me o~ pe~ittinq),
re~irin~ a tree rgmova~ Pe~i~ prior to any ~aDd clear~ng.
A site clearin~ plan shall be submitted to the D~valoDment
Se~ices Director or des~qnee for their review and sub4ect to
approval in phases tO coincide with the development schedule.
The layout incorporates retained native vegetation to th~
maximum extent practical and how roads, buildings, lakes,
Darkin~ lots. another facilities hav~ been oriented to
accommodate this qoal, on~ criterion to be u~ed in
evaluatin~ the extent o~ native vegetation to be retained
shall be a consideration o~ the l~d use.
SECTION THREE:
Subsection 9.1 "ST" Special Treatment Overlay District, i.e.
Procedure and Requirements for Site Alteration Plan or Sit~
Development Plan Approval for Development in "ST" Designated
Land. e.2) Requirements: shall be amended by the addition of the
following paragraphs:
Cn) An appropriate protected species survey usin~ curreq~
methodology of the Florida Game and Fresh Water Fish
~ommission shall be recruired for development Greater than 10
acres as Dart of the countY'S EIS review
appropriate protected species survev should include
considerations for species known cr likelv to occur in or
around habitats in the development area.
(o) All exotic plants, as defined in Collier County Ordinance
82-37. as amended, shall be removed durin~ each phase of
construction from development areas, open Spa¢~ ~reas. and
preserve areas. Fo~0w~nqs site development, ~ maintenance
program shal% be implemented
--2--
Words upderline~ are added; words st~u=k-th~ough are deleted.
sits by exotic species. This plan. which will describ~
control techniaues and inspection intervals, shall be filed
with and subject to approval bY the Community Qevelopmen~
Services Director or d~g~onee. Flexibili$¥ in the form of
area trade-offs or mitigation should be allowed in the
determination of areas within developmeq~ .~o be preserved,
SECTION FOUR: Conflict and Se~erability:
In the Qvent thi, Ordinance conflicts with any other
Ordinance of Collier County or other applicable law, the more
restrictive shall apply. If any phrase or portion of the
ordinance is held invalid or unconstitutional by 'any court of
competent Jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not
affect the validity of the remaining portion.
SECTION 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.
ATTEST: , BOARD OF COUNTY COM/~ISSIONERS
.'JAMES C.' GILES, CLERK COLLIER~UNTY, FLORIDA
~/ ~/~,~ 3--/~ c/ BURT L. ~AONDERS~/CHAIRMAN
APPROVED AS TO FORM AND
LEGAL, SUFFICIENCY
K~NNETH B. CULLER ~.~
COUNTY ATTORNEY
'1'~i! m",:[I,'w-",,' ·,'"'..,*' wllH
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.Words underlined are added; words s%~k-%h~h are deleted.
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 certify that the foregoing is a true copy of:
Ordinance No. 89-50
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 ~seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
August, 1989.
JAMES C. GILES
Clerk of Courts and Clerk
Ex-officio to Board of
County..~mmissioners
By: ViYginia Magri
Deputy Clerk