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Ordinance 89-057ORDINANCE 89 - 57 AN ORDINANCE AMENDING ORDINANCE 82-2, THE ZONING ORDINANCE OF COLLIER COUNTY, BY AMENDING SECTION 8, SUPPLEMENTING DISTRICT REGULATIONS; BY PROVIDING MINIMUM REQUIREMENTS FOR THE USE OF NATIVE SPECIES IN LANDSCAPE; BY PROVIDING FOR CONFLICT AND SEVERABILITY; BY PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Growth Management Plan adopted by the Board of County Commissioners provides for revision to the Zoning code to incorporate native vegetation into landscaping designs; and WHEREAS, many non-native plant species are kno%;n to be invasive of, and disruptive to, native habitat communities; and WHEREAS, native species are known to be effective in water conservation; and WHEREAS, native plant species are known to require less chemical support by pesticJ.des and fertilizers, than most exotic species. ~'~r,~__ ',, C~ NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY~,.~. COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that --mo -~__ SECTION ONE: Ordinance 82-2, the Zoning Code, Section 8: Supplemen.~y-- District Regulations, 8.30 a. Plant Material: 1) Quality., shall be amended to read as follows: l) Quality. Plant materials used to meet the requirements of this eection must moet the Standards for Florida No. i or better, as set out in "Grades and Standards for Nursery Plants". Part I, 2963, and Part II, Department of Agriculture, State of Florida. At lease seventy-five percent of the trees and fifty percent O~ th~ shrubs used to fulfill these requirements shall Be native Southern Floridi~ ~pecie~, ~$ O9~ermined by acceDte~ valid scientific refereDce. References to be used in this determination may include, but not be limited %9: bopq, R,W. add O, Lakela. 1976. A Flora of Tropical Florida. Small. J.K. 1933. A Manual of the Southeastern Flora. Words underlined are additions; Words st~ek-%h~aH~h are deletions. Wunderlin, R.P. 1982. Guide to the Vascular Plants Central Florida. SECTION TWO: Section 8.30 a. 7. Prohibited Trees shall be amended to read as follows: 7) Prohibited Trees ~ppcies. The following %tees plants are specifically prohibited from use for meeting any landscaping requirement under this Section: (a) Broussonetia Pa~yr&fera Dapvrifera (Paper mulberry) (b) ea~suar½na~ea- ~ny membeF of the family Casuarinaceae (Australian Pine) (c) ~m~er~b~m-eye~eaDp~m Enterolobium ~yclocarpum (Ear tree) (d) Melaleuca }eu=a~en~ra SDD, (Punk) (e) Melia azedarach (Chinaberry tree) (f) Schinus terebinthinfolius (Drazilian Pepper tree) (Florida Holly) (g}Rhodomvrtus tomentosus (Downy rosemvrtle) Bischofia Javanica (Dlshopwood~ This list shall be subject to revision as exotic plant species are determined to cause environmental compromises through invasive Potential to native habitats, or to be detrimental to human health or safety. 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. Words underlined are additions; Words s~ru=k-%hr~u~h are deletions. SECTION FOUR: 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 State. . ',~ B ,~ l: '1 ,<,,, ~. . . · ,,,,., A~TEST: '" BOARD OF COUNTY COM~ISSIONERS ~JAMES C. GILES'~ CLERK COLLIER/COUNTY. FLORIDA ~/. d/ !'. ' dY.~./, /Vt ~BO~T L.' SAUNDERS, CHAIRMAN ¢ '. .-: ~ '/~, APPROVED AS 'TO FORM AND KENNETH B. C~YLE~ COUNTY ATTORNEY Words underlined are additions; deletions. Words stru=k-%hrough are 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 fore~oing is a true copy of: Ordinance No. 89-57 which was adopted by the Board of County Commissioners'on the let day of August, 1989, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 8th August, 1989. JAMES C. GILES Clerk of Courts and Clerk Ex-officio to Board of County~.Commissioners ~\\ ~',' Deputy Clerk