Ordinance 89-063ORDINANCE 89 - 63
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
UO. 76-6, SUBDIVISION REGULATIONS OF COLLIER
COUNTY, FLORIDA; BY AMENDING ARTICLE XI BY
ADDING A REQUIREMENT FOR PLANS FOR EXOTIC PLANT
REMOVAL; BY ADDING A REQUIREMENT THAT NATIVE
HABITATS BE PRESERVED; BY AMENDING ARTICLE X BY
ADDING A REQUIREMENT TO OBTAIN A TREE REMOVAL
PERMIT; BY ADDING A REQUIREMENT THAT NATIVE
HABITATS BE PRESERVED; BY PROVIDING FOR CONFLfCT~
AND SEVERABILITY; AND BY PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the Growth Management Plan adopted by the B-0~rd of
~ou~ty Commissioners provides for the identification, prot~qtioCh,
m.?.conser~ation, and appropriate use of its native vegetative
communities and wildlife habitats; and,
~{EREAS, Policy 6.4.3 of ihs Cons~rvation and Coastal
Hanagement Element of the County Growth Management Plan requires
new developments to submit end implement a plan for rsm6val and
long term control of exotic plants; and
WHEREAS, Policy 6.4.5 of the Conservation and Coastal
Management Element Plan requires that a County Tree Removal
Pmrmit bo obtainod for dovolopmonts qroator than 2.25 acros~ 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
nt require preservation and conee~tion of native ~ _.
vegetation in new developments.
COMHISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE:
That the following sectio~ (Section 26) be added to Article
XI of County Ordinance 76-6, Subdivision Regulations=
EXOTIC PLANTS - All exotic plants, as defined in County
Ordinance 82-37. as amended, shall be removed durin~ each
phase of construction from development areas, eden space .
areas, and preserve areas. Followin~ site development, ~
maintenance pro, ram shall be ImPlemented to prevent
reinvasion of the site by exotic species. This Dlan. which
Words ~ are additions, words st~uek-~h~eugh are
deletions.
will describe control techniaues and inspection intervals.
shall be filed with and subject to approval bv the Communi%y
Development Services Director or desianee. Flexibility in
the form of area trade-offs or mitiaation should be a~lQWed
in the determination of areas within developments to be
preserved.
SECTION TWO:
That the following paragraph be added to Article X Section 6:
SECTION SIX:
CLEARING, GRADING AND FILLING - The subdivision to land
development shall be graded and where necessary filled to
comply with the drainage design prescribed in t,~e Design
Requirements Article of this Ordinance. Developers shall be
required to clear all rights-of-way and make all grades, for
streets, alleys, lots and other areas, compatible for
drainage as prescribed in the drainage design. The type of
fill within the rights-of-way and subdivision shall be
subject to the approval of the County Engineer, who shall
require laboratory certified soil teat of the backfill and
the underling material, certifying to the type of material
and method of placement. Such test data shall be provided by
the developer, at no cost to the County.
For subdivision areater than 2.25 acres, the developer of the
Jubdtvision shall be subject to Ordinance 75-21 {or the
tree/veaetation removal ordinance in existence at the time of
Dermitt~ng], re~uiring a tree removal permit Drier to an land
clearing. A site clearing plan shall be submitted to the
Development Services Director or desiqnee for review and
subject to approval prior to any work on the site. This plan
may be submitted in. phases %0 coincide with the development
schedule. The site clearing plan shall clearly depict how
the final site layout incorporates retained native vegetation
to the maximum extent possible and how roads, buildings.
lakes, parking lots. and other facilities have been oriented
to accommodate this goal.
Developments shal~identify, protect, conserve and
appropriately use native vegetative communities and wildlife
A//~nttal developments greater than 2.5 acres in
the Coastal Manaoemont Area as defined tn the 1989 edition of
the County Growth Management Plan and ~reater than 20 acres
in the coastal Urban Designated Area as defined in the
General Plan Reon~irements section of the Adoption Notebook of
the 1989 edition of the Future Land Use Element of the County
~_~ment Plan shall retain 25~ of the viable
naturally functionin~ native vegetation on site including
both the understorv and the around cover emphasizing the
largest contiguous area possible. When several differed];
native plant communities exist on site. the development plans
will reasonably attempt to preserve examples of all of them
if possible. Areas of landscapina and open spac~ which ~re
planted with nativ~ species shall be included in the. ~
re~uirement considering both understorv and groundcover.
Where a project has included open space, recreation amenities
or Dreserv~ wetlands that meet or exceed the minimum omen
space criteria of Collier County. this policy shall not b-
construed to reguire a larger percentage of open sDaGe set
aside to meet the 25% native v~aetatio~ p°licv. This policy
Words ~ are additions, words s~uek-~h~gh are
shall not be interpreted to allow development in wetlands.
a w~l~n~_alono_~c~nmkl~~ra than 25% Qf th~
captions shall be granted for parcgls that cannot
reasonably accommodate both the native vegetation and th-
proposed activity,
Ail other types of new development shall be required to
preserve an appropriate portion of the native vegetation of
the site as determined through the County development review
process. Preservation of different contiguous habitats is to
be encouraged When several native plant communities exist on
site the development plans will reasonably attempt to
preserve examples of all of them is Possible. However, this
~olicv shall not be interpreted to allow development in
wetlands, should wetlands alone constitute more than the
portion of the site required to be preserved. Exceptions
shall be Granted for parcels which can not reasonably
accommodate both the preservation area and the proposed
Agriculture shall be exempt from the above preservation
agriculture shall not be converted to non-anricultural
development for at least ten years. For any such conversion
in less than ten years, the converted land will bg. restored
with native vegetation to the.deGree reGuired bw County
ordinances in effect at the ti:as the
SECTION THREE:
That the following section (Section ~7) be added to Article
XI of County Ordinance 76-6, Subdivision Regulations:
NATIVE }{ABITATS - Developments shall identify, protect.
conserve, and appropriately use native vegetative communities
and wildlife habitat. All new residential developments
greater than 2,5 acres in the Coastal Management Area as
defined in the Growth Management Plan and Greater than 20
acr~ in tho coati, al Urban D~signat~d Aroa, as d~fined in thQ
General Plan Requirement section of the Adomtion Notebook of
the 1989 edition of the CQgn~y Growth ManaGement Plan, shall
retain 25% of the viable naturally functioning native
vegetation on site including both the understory and the
ground cover emphasizing the largest conti~uous area
possibl~. When several different native plant communities
exist on site, the development plans will reasonably attempt
to preserve examples of all of them if possible. Areas of
landscaping and open space which are planted wit.h native
species shall be included in the 25% requirement considerin~
both understory and groundcoYer. Where a project has
included o~en space, recreation amenities or preserved
wetlands that meet or exceed the minimum open space crtteri~
of Collier County. this policy shall not be construed to
require a larger percentage of open space set aside.to meet
the 25% native vegetation policy. This Policy shall not be
interpreted %o allow development in wetlands, should the
wetlands alone constitute more then 25% of the site.
Exceptions shall be Granted for parcels that cannot
reasonably accommodate both the native vegetation and th9
proposed activitY.
Ail other types of new development shall be reQuire~ to
preserve an appropriate portion of the native vegetation of
the site as determined through the County development review
Words ~ are additions, words s~ue~-~h~su~h are
deletions.
process. Preservation of different contiguous habitats is tO
be encouraged When several native plant communities exi~ on
site the development plans will reasonably attempt to
preserve e×amoles of all of them if POSSible. However. ~his
Dolicv shall not be interpreted to allow develoomen~ in
wetlands, should wetlands alone constitute more than %be
portion_of tho SitQ roouirod to bo preserved. ExcoDt~pDs
shall be aranted for parcels which can not reasonably
accommodate both the preservation area and the DroDosed
activity.
Aariculture shall be e×emptfrom the above preservation
re~uirements provided that any new clearina of land for
a~riculture shall not be converted to non-a~ricultural
dsYeloDment for at least ten years. For any such conversion
in less than ten years, the converted land will be restored
with native vegetation to the degree re~=uired by County
9/~l~lgd~_lB O£~S~ tho time tho clearino occurred.
SECTION FOUR: 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.
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 ef state.
DATED: SEPTEMBER 19, 1989
co~ A~O~ZY
~OARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
'BURT L. SAUNDERS, CHAIRF~
Words ~ are additions, verde s~ck-%hremgh 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 certify that the foregoing is a true copy of:
Ordinance No. 89-63
which was adopted by the Board of County Commissioners on the
19th day of September, 1989, during Regular Session.
WITNESS my hand and the official sea! 'of the Board of
County Commissioners of Collier County, Florida, this 19th
September, 1989.
JAMES C. GILES .-, .
Clerk of Courts and Clerk;'
Ex-officio to Board of "' ' ..
County Commissioners ~-, ..
-
' .
By: Virginia Magri ' ;' .....
Deputy Clerk ',,