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Ordinance 2010-37 'O910117<~).,.~ ,=>1 f '1..;-' 7 "- ~ ~~, ~J " ; KEC8VED ~cr 2010 \ \ i ,;; I (;~' I l\; / ",C) ~& >1"'v 2', '11Jv '.2"92'SZ t;1/!"V ORDINANCE NO. 10-37 _.........~, ,. "\ ".. ><iJ. ., ..... \" . \ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONER-SOF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 200~~32, AS AMENDED, THE ENVIRONMENTAL ADVISORY COUNCIL ORDINANCE, BY CREATING A DEVIATION PROCESS PURSUANT to CCME POLICY 6.1.1 (13), AND BY REPLACING THE REQUIREMENT' FOR THE REVIEW OF AN ENVIRONMENTAL IMPACT STATEMENT (EIS) WITH REVIEW OF SPECIFIC ENVIRONMENTAL DATA PURSUANT TO CCME POLICY 6.1.8 AND LAND DEVELOPMENT CODE AMENDMENT TO SECTION 10.02.02.A; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. , " . WHEREAS, Collier County Ordinance No. 2009-32, as amended, sets forth the establishment, powers and duties of the Environmental Advisory Council; and WHEREAS, the Board finds that it is now necessary to amend Ordinance No. 2009-32, as amended, to maintain consistency with the Growth Management Plan Conservation and Coastal Management Element (CCME) Policies 6.1.1 (13) and 6.1.8. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO SECTION ONE, SUBSECTION (2) OF ORDINANCE NO. 2009-32, AS AMENDED. Section One, subsection (2) Purpose, as codified in ~2-1192 of the Code of Laws and Ordinances, is hereby amended to read as follows: (2) Purpose The EAC will function to: A. Advise on the preservation, conservation, protection, management, and beneficial use of the physical and biological natural resources (atmospheric, terrestrial, aquatic, and hydrologic) of the County in regard to the safety, health, and general well-being of the public; Words underlined are added; Words strode throl:lgh are deleted. Page 1 of6 B. Advise and assist the County staff and the BCC toward developing the purpose, intent, and criteria of all County ordinances, policies, programs, and other initiatives dealing with natural resources; C. Provide written and oral reports directly to the BCC regarding recommendations on matters dealing with the protection of natural resources; and D. Review and recommend stipulations addressing the preservation, conservation, protection, management, and beneficial use of the County's physical and biological natural resources (atmospheric, terrestrial, aquatic, and hydrologic) for petitions and/or plans for selected development orders, including, but not limited to, rezones, deyelopmen-ts of regional impact, provisional uses, subdivision master plans, and planned unit deyelopmen-t amendm.en-ts that are directed to the EAC by County staff, the BCC, or the provisions of the LDC. SECTION TWO: AMENDMENT TO SECTION ONE, SUBSECTION (3) OF ORDINANCE NO. 2009-32, AS AMENDED. Section One, subsection (3) Powers and Duties, as codified in ~2-1193 of the Code of Laws and Ordinances, is hereby amended to read as follows: (3) Powers and Duties The powers and duties of the EAC are as follows: A. Identify, study, evaluate, and provide technical recommendations to the BCC on programs necessary for the conservation, management, and protection of air, land, and water resources and environmental quality in the County; B. Advise the BCC in establishing goals and objectives for the County's environmental conservation and management programs; C. Advise the BCC in developing and revising, as appropriate, local rules, ordinances, regulations, programs, and other initiatives addressing the use, conservation, and preservation of the County's natural resources; D. Advise the BCC in the implementation and development of the GMP regarding environmental and natural resource issues; E. Advise the BCC in identifying and recommending solutions to existing and future environmental issues; Words underlined are added; Words struck t-hrol:lgh are deleted. Page 2 of6 F. Serve as the technical advisory committee to advise and assist the County in the activities involved in the development and implementation of the County environmental resources management program as stated in the Collier County GMP; G. Implement the water policy pursuant to the LDC; H. Provide an opportunity for public comment on environmental issues, ordinances, and programs; I. Implement the provisions of the Conservation and Coastal Management Element of the Collier County GMP during the review process for development petitions and/or plans; J. Participate in the revie'N and recommendation process for excavations o';er 500,000 cubic ~ ,LKo. Assist in the implementation of any new programs, ordinances, and/or policies adopted by the BCC which deal with the conservation, management, and protection of air, land, water, and natural resources and environmental quality in the County; K b. Provide an appellate forum and process to hear disputes between County staff and applicants concerning land development projects and recommend proposed stipulations for project approval or grounds for project denial for BCC consideration; M. Functiofl as an environmental impact statement (EIS) re'/ie'N board p1:lrsl:lant to Chapter 10 of the LDC; and LN. All preliminary subdivision plat and/or site development plan submissions for development or site alteration on a shoreline and/or undeveloped coastal barriers or in the Area of Critical State Concern/Special Treatment (ACSC/ST) zoning overlay shall be reviewed and a recommendation shall be made for approval, approval with conditions or denial by the EAC. If the applicant chooses not to utilize the optional preliminary subdivision plat process, the review and approval will occur at the time of either the final plat and construction plans or the final plat. M Q. Scope of land development project reviews. The EAC shall review the following: aU land de'lelopment petitions which require the following: an environmental impact statement (EIS) per section 10.02.02 of the LDC; all developments of regional impact (DRI); lands with special treatment (ST) or area of critical state concern/speeial treatment V..CSC/ST) zoning overlays; or any petition f-or '.'lhieh environmental issues cannot be resohed between the applicant and staff and which is requested by either party to be heard by the K\C. The EAC shall also re'/iev. any petition which requires approval of the Collier County PlanBing Words underlined are added; Words struck throl:lgh are deleted. Page 3 of6 Commission (CCPC) or the board of eounty eommissioners (BCC) ,,,,,here staffreeeiyes a reElliest from the eha-irmafl of the EAC, CCPC or the BCC for that petition to be reyiewed by the K\C. I. Any PUD that requests a deviation from environmental standards of the LDC or any development order that requests a deviation from the provisions identified in GMP CCME Policy 6.1.1 (13). 2. Any petition for which environmental issues cannot be resolved between the applicant and staff, and which is requested by either party to be heard by the EAC. 3. Any petition which requIres a hearing by the Collier County Planning Commission (CCPC) or the Board of County Commissioners (BCC), and by vote of CCPC or BCC requires the petition to be reviewed by the EAC. 4. Conditional Use (CU) petitions for commercial excavations which are not part of an approved subdivision. 5. Any CU or rezone for the following: a. Undeveloped Coastal Barriers; b. Area of Critical State Concern/Special Treatment (ACSC/ST) zonmg overlay, unless an exception or exemption pursuant to section 4.02.14 LDC is granted; c. RFMU District Sending: Lands; d. Coastal High Hazard Area where shoreline alteration or direct impacts to mangroves (excluding mangrove trimming) is proposed; e. Development with impacts to 500 or more acres of native vegetation (excluding impacts for environmental restoration). 6. Any CU or rezone where the following listed or protected species have been identified on site within the last 5 years: a. Active bald eagle nests or their nest protection zones; b. Scrub jay; c. Nesting crested caracara; d. Red-cockaded woodpecker (RCW) or active RCW cavity trees; e. Listed wading bird rookeries. Words underlined are added; Words struck thr01:1gh are deleted. Page 4 of6 f. Burrowing owls I. ,\fry petitioner may request a waiver to the K\C hearing requirement, v.hen the following considerations are met: I) no proteeted species or '.vetland impaets are identified on the site; 2) an EIS \vaiver has been administratively granted; 3) ST zoning is present and an administrative approval has been granted; er 1) an EIS was previously eompleted and revie\ved by staff and heard by a predeeessor environmental board, and that EIS is less than 5 years old (or if older than 5 years, has been updated '.vithin 6 months of submittal) and the master plan for the site does not show greater impaets to the previously designated preservation areas. N. Any petitioner may request a waiver of the EAC hearing requirement for amendments to CD or rezones, where no further impacts or changes in location to previously approved preserves or areas of retained native vegetation are proposed, and no additional species in accordance with M.6 (above) are identified on site. o ~. The surface water management aspects of any petition, that is or will be reviewed and permitted by South Florida Water Management District (SFWMD), are exempt from review by the EAC except to evaluate the criteria for allowing treated stofffi',vater to be diseharged in Preserves as allowed in seetion 3.05.07 of the LDC. 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. SECTION FOUR: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or Words underlined are added; Words struck thnll:lgh are deleted. Page 5 of6 relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this J~ay of ~-lI rfIh.tr ,2010. ATTEST: DWIGHT E.~.BRO~K, CLERK .,' B".... ...' ~:i' i.J'I."fI / ,,"'\(~l....,.....~ C.c- ...~-: ",', ..' ,.....' ... ...~J.~-..;~~ .'1_'. '''''._.: ~ f! l~"'- ~. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA -' .. .'P, ...'... ....t., l ftMW--"M;i.(,'\\" ~ ~~ ..~ !, 'J By: '-:A_I1- w ~ FRED W. COYLE, Chairman Approved as to form and legal sufficiency: .~.~L Steven T. Williams 1..,), b Assistant County Attorney ~,\, 04.0213/7 Thfs ordincnce filed with the Secretory of 8dte'S Of~ the ~ day of obo-; &0 and acknowledgement of thot fil~ received..this ~ day of_ ~~~ 0lIputy e Words underlined are added; Words struek through are deleted. Page 6 of6 . . . STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2010-37 Which was adopted by the Board of County Commissioners on the 28th day of September, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of October, 2010. DWIGHT E. BROCK .""' Clerk of Courts afldwe~erk Ex - 0 f f i c i 0 ..B?~/t3~.~ ~ ~ fr,'l{, County Comffi'!Ys "J,oiJ.t?,rr;P.". ',") : ~ ,- ~\\"~'~ ..(..." ":.,," <..... . ,-,,- >::;!'.~ ,... :' t~ i, By: