Ordinance 77-66ORDINANCE NO. 77-66
AN ORDINANCE REQUIRING THAT AN ENVIRONMENTAL IMPACT
REGaleMENT (E.I.S.) BE FILED PRIOR TO THE ADOPTION OF A
QFi,~ECORD, PRIOR TO THE GRANTING OF A PROVISIONAL
[~EC 19 ~IPR~R TO R~ZONING, OR PRIOR TO TNE ISSUANCE OF ANY
BUZLDING PERMITS FOR THE DEVELOPMENT, CONSTRUCTION OR
SITE ALTERATION OF 10 OR MORE ACRES OF LANDS; PROVIDING
W~tt~A~F~[]~POSES AND OBJECTIVES, PROVIDING FOR DEFINITIONS;
'~'~,K ,~.~.~ THE INFORMATION REQUIRED IN AN E.I.S.; PROVIDING
~.~.,~%~"~%~IONS; ~OVI~NG ~OR ~ZES; PROVIgING FOR
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O~g~a~c~ 7~-~; A~g ~OV~Z~O ~0~ COnfliCt, S~C~.
PENALTY, AND EFFECTI~ DATE.
WHE~AS, Article VIII, Section l(f) of the Constitution
of Florida confers on counties broad ordinance-making power
when not inconsistent with general or special law, and
~E~S, Chapter 125.01, Flort~ STatutes, confers on
all counties in Florida general powers of gove~ment, including
the ordinance-making power and the power to plan and regulate
the use of land and water, and
~E~S, there is great public need for the conserva-
tion of natural resources including healthful, safe, produc-
tive, aesthetically and culturally pleasing surroundings and
conditions; natural scenic, recreational, drainage, air,
water supply and other resources and systems; ecology of the
area and co~unity, and
~ER~S, it is necessary in the greater interest of
private lando~ers and the public to conserve and enhance
the qualities of life provided by these resource~ in order
to maintain and encourage the continued increase in general
land values reflected by healthful and safe surroundings
that please the residents of and visitors to the areas, and
~EREAS, the general publt~ interest shall be further
served by developments designed and executed to optimize the
use of natural resources and to create and maintain conditions
for this and future generations to exist in productive
ha~ony with nature to fulfill present and future economic
and other needs and minimize present and future expenditure
of public funds, and
~AS, it is necessary to utilize a syst~matic,
inter-disciplinary approach to insure the integrated use
the physical, natural and social sciences and arts tn the
planning decision process to minimize negative impacts upo~
and maximize the benefits and resources of the area.
NOW, THE~FORE, BE IT O~AINED BY THE BOA~ OF C~TY
CO~ISSIONERS OF COLLIER COUNt, FLORIDA:
SECTION ONE:
1. Purposes and Objectives: The requirements of an ~ir~ental
Impact Statement are:
A. To provide a method to objectively evaluate the
impact of a proposed development, ~ite alteration,
or project upon th~ resources and environmental
quality of the project area and the co,unity and
to insure that planning and zoning decisions are
made with a complete understanding of the impact
of such decisions upon the environment.
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B. To encourage projects and d~velopments that
will~
protect, conserve and enhance, but not
degrade, the environmental quality and
resources of the particular project or
development site, the general area and the
greater community, and
(2)
minimize the future reduction in property
values likely to result, or be caused by
improperly designed and executed projects
and developments, and
(3)
reduce the necessity for expenditure of
public funds in the future for rehabilitating
the environmental quality of areas of
environmental sensitivity.
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To attain the widest range of beneficial uses of
natural resources without degradation of environ-
mental advantages and t~sk to the public health,
safety, welfare and convenience and other undesir-
able consequences.
To optimize a balance of population and resource
use to permit high standards of living, a wide
sharing of resources and amenities among all
citizens and residents of and visitors to Collier
County during the present and future generations.
2. Definitions:
Environmental Quality: The character or degree
~f excellence in the essential resources and
nature of an area or community as determined by
acceptable scientific measures of physical,
chemical and biological conditions.
Area of Environmental Sensitivit~= An area
~here environme'nt~l quality maY be highly susceptible
to degradation and where alteration may cause
predictable losses of natural resources.
Acceptable Environmental Alteration: Any proposed
si~e alteration or dev'elopm~nt tha't safeguards
the environmental quality of the subject area or
adjoining or interrelated regions.
De
Development: Development shall mean the act,
process, or result of placing buildings and/or
structures on a lot or parcel of land.
Development Plan: A graphic representation
along with supportive information and data
depicting the intended development.
Site Alteration: Any modification, change or
{~ansformation"of any portion of a lot Or parcel
of land including but not limited to the removal,
displacement or relocation of trees, plants and
vegetation; the addition, disturbance, or removal
of earth materials; the creation, retention, or
relocation of d~ainage courses or water areas.
Site Alteration Plan: A graphic representation
a---long with supportive information and data
depicting the intended site alterations.
County Manager: That person appointed by the
Board of County Commissioners, or his designee.
All other definitions found in Zoning Ordinance
74-15, Immokalee Area Zoning District and Zoning
Ordinance 76-30, Co~ter County Zoning Ordinance
for the Coastal Area Planning District and as
may be ~ubs~ueg.%ly.~mcnded.
SECTION TWO:
Environmental Impact Statement (E.I.S.) Required:
~ithout first obtaining approval of an E.I.S. as
required by this Ordinance it shall be unlawful and no
building permit, provisional use, zoning change,
subdivision or condominium plat or unplatted subdivision
approval or other County permit or approval of or for
development or site alteration shall be issued to
cause the development of or site alteration of:
A. Ten (10) or more acres.
B. Any other development or site alteration which
in the opinion of the County Manager, would have
substantial impact upon environmental quality
and which is not specifically exempted in this
ordinance. In determining whether such a project
would have substantial environmental impact the
County Manager shall base his decision on the
terms and conditions described in this ordinance.
SECTION THREE:
Submission and Review of E.I.S.: A completed E.I.S.
~ha~l be submitted to'the County Manager for approval,
denial or approval with modifications. No development
or site alteration will be started without this approval
and permits required by law. Failure to provide full
and complete information shall be grounds for denial
of the application.
SECTION FOUR: Required Environmental Impact Informations
1. Applicant Information:
A. Name, address
B. Affidavit of proof of authorized agent
C. Owner's name and address
2. Development and Site Alteration Information:
A. Description of proposed use
B. Legal description of site
C. Location and address description
3. Mapping and Support Graphics:
A. General location map
B. Aerial photo of site with boundaries delineated
Topographic map showing upland and bath~etric
contours if applicable
Existing land use of site and surrounding
area (or include description information under
2.A of Section Four)
Locations of sampling stations and/or transect
lines if appropriate
F. Drainage plan
Development plan including phasing program,
service area of existing and proposed public
facilities, and existing and proposed trans-
portation network in the impact area
A clearly delineated graphic representation of
the major vegetation communities.
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4. Impact Categories:
A. Bio-Physical
(1) Air quality
(a)
Changes in level of air pollutants
as defined by current regulations
(b)
Number of people that will be affected
· by air pollution resulting from the
project
(c)
Procedures that will be used to
reduce adverse impacts of air pollution.
(2) Water quality
(a)
(b)
Changes in levels and types of water
pollution as defined by current
regulations
Inventory of water uses that are
restricted or precluded because of
pollution levels resulting from this
project
(c)
Persons affected by water pollution
resulting from the project
(d)
Project designs and actions which
will reduce adverse impacts of water
pollution.
(3) Physiography and geology
(a)
A description of the soil types
found in the project area
Areal extent of topographic modifica-
tion through excavation, dredging
and filling
Removal and/or disturbance of natural
barriers to storm waves and flooding
(d)
Modifications to natural drainage
patterns
(e)
Extent of impervious surface and
percent of groundwater recharge area
to be covered
(f)
Annual drawdown of groundwater level
resulting from use
(g)
Increased siltation in natural water
bodies resulting from the proposed
use.
(4) Wetlands
(a)
Number of acres, by vegetation type
for total project, and percent of
defihed wetlands system to be modified
(b)
(c)
Present water levels and possible
reduction of water levels in interior
wetlands resulting from the project
Types of impacts on wetlands and
project designs and actions which
will reduce adverse impacts on
wetlands
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(5) Upland utilization and wildlife
(a)
Acres to be cleared, by vegetative
types, as a percent of the total in
the project area
(b)
Acres of wildlife habitat, by community
types, that will be removed or
affected by the project both during
and after development or site preparation
(c)
Number and types of rare and endangered
species, both flora and fauna, as
listed by the State of Florida and
the U.S. Department of Interior,
that will be threatened by the
project.
(d) Marine and estuarine resources
(a)
Current State of Florida
class$$ication of the waters
(Florida Administrative Code
17-3)
(b)
(c)
Area of submerged grass beds,
breeding areas and nursery
areas that will be modified or
disturbed by the proposed use
Expected amounts and locations
of dredge and fill to be
associated with the project
(d)
Estimated change in the dockside
landing of commercial fish and
shellfish
(e)
(f)
Estimated changes in the sport
fishing effort and catch
Past history of oil spills in
or near the project area.
(7) Noise
(a)
(b)
Describe the changes in decibels
and duration of noise generated
during and after the project
(both day and night) that will
exceed Collier County regulations
Describe steps that will be
taken to reduce noise levels
during and after the project
(c)
Project compliance with Federal
Aid Highway Program Manual 7-
7-3.
B. Public Facilities and Services
(1) Wastewater management
(a)
DescYibe existing treatment facilities
as to capacity, percent capacity
being used, type of treatment and
degree of treatment
If applicable, describe similar
features of proposed new treatment
facilities
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(2)
(3)
(c) Describe the cl~aracter and fate of
both liquid and solid effluents.
Water supply
(a) Estimate of average dally potable
and non-potable water ,lc:hands by the
project
(b) Source of the ra~ water supply
(c) Analysis of on-site treatment systems
relative to State and County standards.
Solid wastes
(a)
Estimate of average daily volume of
solid wastes
(4)
(b) Proposed method of disposal of solid
wastes
(c) Any plans for recycling 'or resource
recovery.
Recreation and open spaces
(a) Acreage and facilities demand resulting
from the new use
(b)
(c)
(d)
(e)
Amount of public park/recreation
land donated by the developer
Management plans for any open water
areas if one-half acre or more
within the project
Plans' for recreational development
by the developer on dedicated lands
Amount of public recreation lands
removed from inventory by the new
use
(f)
Development and/or blockage of
access to public beaches and waters.
Aesthetic and Cultural Factors
(1)
(2)
Any histortc/archeological surveys that
have been conducted on the project area
Any known historic or archeolog~cal s~tes
and the relationship of designated functions
of new use
(3)
Project design and action that will preserve
the historic/archeological integrity of
the site
(4)
(5)
The degree to which natural scenic features
will be modified by the new use and project
design and action that will preserve
aesthetic,values or minimize their degradation
Provide the basic architectural and landscap-
ing designs.
Monitoring
Describe the design and procedures of any
proposed monitoring during and after site
preparation and development.
f..,2]
SECTION FIVE:
GENERAL: The statement should specifically address
the following:
A. The environmental impact of the'proposed action
B. The adverse environmental effects which cannot
be avoided should the proposal be implemented
C. Alternatives to the proposed action
O. The relationship between local short-term uses
of man's environment and the maintenance and
enhancement of long-term productivity of the
environment
E. Any irreversible and irretrievable commitments
of natural resource~ which would be involved in
the proposed action should it be implemented.
SECTION SIX:
The County Manager may require any additional data or
information necessary in order to made a thorough and
exact evaluation of the E.I.S.
SECTION SEVEN:
Relation Between E.I.S. and D.R.I.:
In any instance where the proposed project requires
both an E.I.S. and a D.R.I., their data may be embodied
in one report provided such report includes all the
required information on both the E.I.S. and D.R.I.
SECTION EIGHT:
E~emptions:
Agricultural uses in conjunction with the preparation
and/or use of the land provided that such land may not
be converted to a non-agricultural use nor may such
lands be considered for any type of rezontng petition
for a period of three (3) years after the agricultural
uses commence.
Such agricultural use shall be conducted in a manner
which meets all state and local regulations, including
the use of herbicides, pesticides, and fertilizer
application.
Agricultural uses shall be those defined as Permitted
Uses in Section 37.2(4) of Ordinance 76-30.
Single family or duplex use on any single lot or
parcel.
Any area or parcel of l&~d which ~s not, in the opinion
of the County Manager, an area of environmental sensi-
tivity. Prior to making such a finding, the County
Manager shall inspect the site and determine that:
The subject property has already been altered
through past usage, prior to the adoption of
this ordinance, in such a manner that the proposed
use will not further degrade the environmental
quality of the site or the surrounding areas
which might be affected by the proposed uss, or, . '~J
Co
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The major flora and fauna features have been
altered or removed to such an extent as to
preclude their reasonable regeneration or useful
ecological purpose. An example would be in the
case of an industrial park or a.commercial
development where most of the flora and fauna
were removed prior to the passage of this
ordinance, or,
The surface and/or natural drainage or recharge
capacity of the project site has been paved or
channeled, or otherwise altered or improved
prior to the adoption of this ordinance, and
will not be further degraded as a result of the
proposed use or development, or,
The use and/or development of the subject property
will definitely improve and correct ecological
deficiencies which resulted from use and/or
development which took place prior to the passage
of this ordinance. An example would be where
the developer proposes.~3o reforest the area,
provide additional open space, replace natural
drainage for channeled drainage, and/or reduce
density, or,
The use or development will utilize existing
buildings and structures and will not require
any major alteration or modification of the
existing land forms, drainage, or flora and
fauna elements of the property.
All lands lying within all incorporated municipalities
in Collier County.
SECTION NINE:
Fees:
In order to implement, maintain and enforce this
ordinance, the cost upon submission of the Envir-
onmental Impact Statement shall be one hundred dollars
($100.00). Until this fee has been paid in full no
action of any type shall be taken.
SECTION TEN:
~ppeals:
Any person aggrieved by the decision of the County
Manager regarding any section of this ordinance may
file a written request for appeal, not later than ten
(10) days after said decision, with the Environmental
Advisory Council. The Environmental Advisory Council
will notify the aggrieved person and the County Manager
of the date, time and place that such appeal shall be
heard; such notification w~%i be given twenty-one [21)
days prior to the hearing unless all parties waive
this requireme;~t. The appea, will be heard by the
Environmental Advisory Counc~.l within sixty (60) days
of the submission of the appeal. Ten (10) days prior
to the hearing the aggrieved person shall submit to
the Environmental Advisory Council and to the County
Manager copies of the data and information he intends
to use in his appeal.
Upon conclusion of the hearing the Environmental
Advisory Council will submit to the Board of County
Commissioners their facts, findings and recommendations.
The Board of County Commissioners, in regular session,
will make the final decision to affirm, overrule or
modify the decision of ths County Manager in light of
the recommendations of the Environmental Advisory
Council. , 007
SECTION ELEVEN:
R__9_p e a 1:
Collier County Ordinance 74-36 is hereby repealed.
SECTION TWELVE:
Conflict, Severance and Construction:
In the event this ordinance conflicts with other appli-
cable law, the more restrictive shall apply. If any
part of this ordinance conflicts with any other part,
it shall be severed and the remainder shall have full
force and effect and be liberally construed.
If any section, subsection, sentence, clause, phrase or
portion of this ordinace is for any reason held invalid
or unconstitutional by any court of competent Jurisdiction,
such portion shall be deemed a.~eparate, distiuct and
independent provision and such holding shall not affect
the validity of the remaining portion thereof.
The provisions of'this ordinance shall be deemed an
exercise of the police power of Collier Cour~ty for the
protection of public health, safety and welfare, and
therefore shall be liberally construed to accomplish
the purpose and implement the legislative intent and
cons~dmration.
SECTION THIRTEEN:
PenaltM:
Violation of the provisions of this ordinance, or
failure to comply with any of the requirements, shall
constitute a misdemeanor. Any person who violates this
ordinance or fails to comply with any provisions shall
upon conviction thereof~be fined or imprisoned, or
both, as provided by law.: and in addition, shall pay
all costs and expenses involved in the case. Each day
such violation continues sha~l be considered a separate
offense.
SECTION FOURTEEN:
Effective Date:
This ordinance shall become effective upon receipt of
notice that it is filed with the Secretary of State.
ATTE ST:
WILLIAM J. RF~GAN, CL/zERK~
This ordinance filed with the
Secretary of State's office the
BOARD OF COUNTY COMMISSIONERS
OF COLLIER~ COUNTY, FLORIDA ~"~
C:'R. "Russ Wimer, Chai~an
APPROVED AS TO FO~ AND LEG~ITY
/~Bh~ld ~i P'~c~6r~h' ~
Collfer Couney ~eeorney
16th day of December 1977 and acknowledgment of that
filing received this 19th day of December 1977.
Peputy~-dlerk
Virginia Magri .
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