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Ordinance 89-058ORDINANCE 89 - 58 AN ORDINANCE AMENDING ORDINANCE 75-21, AS AMENDED, THE TREE REMOVAL ORDINANCE, BY AMENDING SECTION TWO: SUBSECTION 4., PARAGRAPH D. ON-SITE iNSPECTION; BY PROVIDING FOR THE PRESERVATION OF AN APPROPRIATE AMOUNT OF NATIVE HABITAT; BY PROVIDING FOR CONFLICT AND SEVERABILITY; BY PROVIDING FOR AN EFFECTIVE. DATE. ~ co Wq{EREAS, the current Growth Management Plan, adopted by the Board of County Commissioner, provide for the preservation and conservation of native habitat communities; and,. WHEREAS, policies 6.4.6, 6.4.7, and 6.4.8 of the Conservation and Coastal Management Element of the current Growth Management Plan require that new developments preserve an appropriate amount of native vegetation on site. NOW, THEREFORE, BE IT ORDAINED, BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The following paragraphs be added to Ordinance 75-21, as amended, The Tree Removal Ordinance, Section Two: Subsection 4. Permit Procedure: D: On-site Inspections: D. On-site Inspection: The B~=eete= County ManaGer or DesiGnee may conduct an on-site inspection to determine if such removal conforms to the requirements of this Ordinance and what effect if any, the removal of said trees will have upon the drainage, topography, and natural resources of the affected area prior to the granting or denying of said ' application. DoveloDment~ shall idcntify~ protect, conserve and appropriately use native vegetative communities and wlldlif9 All new residential develQpments greater than 2.5 acres ~n the CoaStal M~aqement Area ~s defined in the 1989 edition of the Future Land use Element of the County Growth ManaGement . Plan and Greater than 20 acres in the coastal Urban DesiGna~ed Area as defined in the General Plan Recuirements ~ section Of the Adoption No~eb0o~ O~ the 19~9 edition of ~b9 ~: ~- FU%Ure band Use Element O~ ~he County Grow%h ManaGement P~ shall_retal~] 25% of the~vlabl~_naturall~_funu~lo~u~la~]_V_~ ~-~ ygO~tat~o;i on site |ncludinq both the understorv and ~h~ -- ~r0~Dd cover emphasizing the la¥~est contiguous area ~ ~om~ible. When several different native plant commu~ities ~ d~.~ on site, the development plans will reasonablv attempt '~= to ~.reserve e×amDles pf a~l of them if Do~%ible. Areas of ~Decies shall be included in the 25% recuirement considerin~ bo~h understory and qroundcover, wher~ a pro, oct has included oDe~ space, recreation amenities or Dreserve~ wetlands that meet or exceed the miniDum ope~ sp~ce criteria of Collier County, this Dolicv shall not be construed to Words underlined are additions, Words s%~u~k-~h~ou~k are deletions. re,u ire a larger percentage of open space set aside to meet the 25% native vegetation policy, This pglicv shall not be ~nterpreted to allow development in wetlands, should th~ w~ptlands alone constitute more then 25% of the siteL Exceptions shall ba grantod for parcels that cannot ]i~(lB]Jblv accommodate both the native vegetation and the ~roDosed activity. All other typos of now development sh~ll be re~uired t~ preserve an appropriate portion of the pa%ive vegetation on the site as determined through the CQuntv develooment review process. Preservation of different con~quous habitats is to be encouraged, When several native plant communities exist on site the dpvpl9Dment plans will reasonably attempts_to preserve examoles of all of them if possible. However. this policy shall not be interpreted to allow development i~ wetlands, should wetlands alone cp~stitv~ mor~ than th_9 portion of the site reouired to be preserved. Excemtions shall be Granted for parcels which can not reasonably accommodate both the preservation area and the proDose,~ activity. Agriculture shall be exempt from thn above Dreservatio~l reguirements provided that any new clearing ~f land.for agriculture shall not be converted to non-agricultural development for at least ten veers. For any such conversion in less than ten veers, the converted land.will be restored with native vegetation to the degree reGuired by County ordinances i~ effect at the time the clearing occurred. SECTION TWO: 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 Ju~iSdiction, such portion shall be deemed a separate, distinct and i~dependent provision and such holding shall not affect the validity of the remaining portion. SECTION THREE: 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. ATTEST: BOARD OF COUNTY COMMISSIONERS JAME~,¢,. G/~ES, CLERK COLLIE~ COUNTY, FLORIDA · ;.APPROVi~D AS TO TORH AND Thli Ol"dll'~3t'~l fll~d 'with the COUNTY ATTORNEY Words uDderlined are additions, Words s~=ue~-~ough are deletions. STATE OF FLORIDA ) - COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and f6r the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordtnanco No. 89-58 which was adopted by the Board of County Commissioners on the 1st day of August, 1989, duri~',:j Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st August, 1989. Clerk of Courts and Clerk Ex-officio to Board of .>~" ' ''" Coun/~Commiss ioners .'?" '