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Ordinance 74-36ORDINANCE.NO. 74 36 AN ORDINANCE REQUIRING.AN ENvIROMENTAL' I~.~PACT STATE:.IE~T (E.I.~.) TO BE FILED PRIOR. 'fO TIlE GRANTI!';G OF A "PROVISIONAL ' USE" OR THE REZONING OF. TEN (10) OR MORE ~~' ~ ' ", ACRE~ OF LAND, PRIOR TO THE AFPROVAL OF A ~_[~_~1~,,~,, P~TfED OR UNPLATTED SUBDIVISION OF TEN SqRUCTION RELATED TO THE MOBILE HOME ' LAND, FORTY (40) ~IVING OR SLEEPING UNITS, OR 16,000 SQUARE }EET OF CONSTRUCTION, '~ WIIICIIEVER IS TIIE LESSER; PROVIDING E.I.S. DATA, DRAWINGS, G~PHICS AND REVIEW. ELEMENTS, PROVIDIICG FOR APPEALS; PROVIDING SEVE~BILITY, CONFLICT AND LIBEI~L INTERPRETATION CLAUSES AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there is great public need for the'conservation natural resources including healthful, safe, productive, aesthetically and culturally pleasing surroundings and conditions; natural scenic, recreational., d'ra.[nagu,'' ,air, water supply and other resources Had !~y~;tems: eco].ogy of tho area add community, and WHEREAS, it is necessary tn the .greater interest of private lando~.~:ers and the public to conserve and enhance the qualities of life pt-ovided by these resources in order.to maintain and encourage the continued increase in genera], land val.ues reflected b7 healthful and safe surroundings that please.the residents arid vis~tors to the area, and ~'IllEREAS, the general public interest shall be further served b5, developments designed and executed to Optimize the use of natural re.';out'ccs and to create and maintain conditions for this ' and future generations to exist in productive harmony with nature. ko fulfill present and future economic and other needs and. minimize present and future expenditure of public funaH, and WIIEREAS,. it is necessary to utilize a systematic, inter- disciplinary approach, to insure the'integrated use of the physical, nature and social sciences and arts in the planning .. decision process to minimize negative impacts upon, and maximize the benefits and resources of the area. NOW, TIIEREFORE BE ORDAINED BY THE BOARD O'F COUNTY COt. H.IISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: Purposes and O..b}ectives: A. An Environmental Impact Statement is; To Provide a method to evaluate the impact of a proposed development or project upon the' resources and envi'ronmental quality of the project area and fhe community and to insure that planning and zoning decisions are made with a complete understanding of the impact of such decisions upon the environment. To encourage project-.".: and developments that will.' (1) protect,co~servo and enhance, but not degrade, the .environmental quality and resources of the particular project or development site, tho general area and the greater community, an~ ne (2) minimize the future reduction in property values likely to ~esult, or be caused by improperly designed and executed projects and developments, and (3) reduce the expenditure of publ'ic funds in the future for rohab$1itating the environmental.. quality of areas of environmental sensitivity. C. To attain the widest range of beneficial 'uses of aa'rural resources without degradation of environmental advantages and risk to the public health, safety, welfare and convenience and other undesirable consequences, and D. · 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 v~:sitors to Collier County during the present and future.generations. ~ .. Definitions: ao Environmental quality: The character or degree of excellence in th'~' essential resources and nature of an area or community as ~etermined by acceptable scientific measures of physical, chemical and biological conditions. B. Area of Environmental Sensitivity: An area where environmental quality may be highly susceptible to degradation and where alteration may cause predictable losses to public resources. C. Acceptable Environmental Alteration: Any proposed alteration or development ihat safeguards the environmental quality of the subject area or adjoining or interrelated regions. SECTION TWO: 1. ' Environmental Impact Statement (E.I.S.) Required: Withal/ut first submitting nn E.I.S. as roqui'red by this ~inanee it shall be unlawful; and no building permit, zoning change, subdivision or condominium plat or unplnttcd subdivision approval or other county permit or approval of or for development shall issue; to cause any development of A. Ten (10) or more acres of land for mobile home, residential, commercial or industrial uso, or B. Forty i(40) living or sleeping units, or C. Sixteen thousand (16,000) square feet of improvements or construction whichever is the lesser, Any other development which in the opinion of the Planning Director would have a substantial impact upon enviro:~ental quality. · . .. SECTION THREE:' " Submission and Review of E.I.S.: A completed E.I.S. shall be submitted to the Collier County Planning Department-for Staff review. The E.I.S. and the Staff review document shall then be submitted to the Environmental Advisory Council for review and 'reco..~mendation. The E.I,S., Staff review, and Environmental Advisory Council recomm%endatioh shall then be furnished to the Water Managemen~ ~dvisory Board, the .. appl'opriate Planning Commission, and tho Board of Cohnty Commissioners for their i.nform, at.ion. SECTION FOUR: ' ~rawings, Graphlcs and Data Required: . A. Name(s) and address(es) 6f the applicant developer and owner(s); B. Applicant's property interest in the proposed site and legal description of property; Name(s) and address(es) 'and professional qualifications :of the proposed design team members including the designation of the coordinator or other person responsible for the preparation of the E.I.S. De Project description and purpose describing .the project its nature, location and general type and approximate ~umber o~ residential and non-residential uses and structures. Six (6) copies and one (1) reproducible transparency of a schematic, to scale, of the proposed development sho~{iDg: General Site location with approximate existing and proposed topographic contours, major exist].ng physical and natural features such as water courses, rock putcropping, marsh~s, woooded areas, etc., and major proposed changes and proposed major changes such as deforestation, new lakes, terracing and excavating. (2) Location and type of existing and proposed drainage, water and sewage facilities.' (3) Location and names of existing and proposed public and private streets, parks, driveways, sidewalks, pedestrian ways, trails, off-street parkin~ and loading areas and railroad and other public right- of-way within and adjacent to the proposed develop- ment. .~) (4) General location, use and approximate dimensions of proposed structures. (5) Other information as r~quired to iljustrate th~ esgential nature of the proposed project. An'aerial ~ho~ograph displaying the project site in relation to surrounding areas. A tabulation' of the approximate land area to be devoted to various uses, and/or a calculation of the proposed residential density per gross acre· FOR EXAMPLE: EXAMP~,E DEVELOP~,I~T SCHEDULE* STAGE I II III IV START TIME Jan. '74 Mar. '75 Jan.. '77 Mar. '78 FINISI! TIME Mar. '75 Dec. '76' Feb. '78 Feb. '79 TOTAL Pk0JECTS Dedicated rdads 11.21 8.63 Golf course and club house 55.32 49.84 Single-family houses 14.72 27~321 Multi-family unfts C-1 Commercial . Landscaping. & open. space . ' 7.32 21.19 Internal bodits oF wa~er 15 32 23 05 · Drivew.~ys, patios off-street parkin~ 2.32 4.18 TOTALS 106.21 * All figures in acres· STAGE 7.41 13..92 41.17 105.16 "42;18 16.14 100.36 5.39 * 5.42 10.81 20~43 20.13 30.26 " 17.3i 76.08 38.37 5.31 5.72 17'.53 134.21 90.55 78.94. 409.91 1!. Estimated ~eeds f6r water, sewer, solid waste disposal, fire, recreation and school services and projected traffic generation shall be shown by annual or stag6 deve].opment similar to the above. Exact format depends on situations and conditions applicable to the project. Jan. '74 April '75 . PROJECTED CONSTRUCTION BY CATEGORY' Single-Family Units Multi-family Units Completed Units/Stage Accumulated Units/Stage Proj'ect Population Services Potable Water Sewage (in 1000 gal./day) Solid Waste (in tons/day) No. School Children Traffic Generation (in 1000 trips/day) Please give estimates of each category for each state'of de- velopment according to you~ proposed development schedule. SECTION FIVE: REQUI frED ENVIRONMENTAL IMPACT. INFOR~J%TION: (1) Soil Review Element: The soil review element shali include a short descriptive summary of the soil types found i~ the project area. Such report may be based on the · "Unified Soil Classificat~on System" as adopted bY the U.S. Gover~nent Corp of Engineers and Bureau of Reclamation, ~anuary 1952, or similar recognized O.S. Department of Agriculture, Sell Conserver,.on Services System Cla~i- fication. (From the Administrative Code of the State of Florida)· ' - , I~ ;~ ,' 2. Natural Ilazardn.' This clement consi.~ts of a resume of such natural hazards as periodic flooding, poor soil bearing conditions and hazards peculiar to the site. Substrata Review Element: The substrata review element 'shall' include a descriptive sunu,ary of the various geologic bedrock formations underlying the project site. This should be accompanied with a Hydrogeologic Column for Collier County showing all si~nificant rock strata as well 'as any known aquifers, their, approximate depths and if being tapped for use, the principal uses to be made of these waters, .i.e., irrigation, .domestic water supply, industrial, etc. 4. Surface and Groundwater Review Element: The surface and groundwater review element shall include an identification of all natural and man-made water features in the project site, and shall include their water quality classification as prescribed in Chapter 17-13, Pollution. of Waters, Department' of Air and ~'.~ater Pollution Control State of Florida. .This review shall also include an identification o~ all known confined and unconfined groundwater aquifers and their approximate water level or water table and may be correlated with item (3) Substrata Review Element. Conservation of the natural sources and resources of fresh.w~ter in Collier County is absolutely essential and-must be a prime consideration of developers. 5. %';ater Management Review Element': This element should clearly indicate how the storm drainage resulting from the proposed development will be handled. The following aspects must be taken into account' in the preparation of this element: .3. A. Information on the location of the project area within its natural drainage basin or basins; B. Any proposed change in land from which will result in modificat~.ons of natural drainage characteristics; C. The' location and size, shape, and typical cross section of any. planned lakes or other man-made or natural storm water retention areas and thelr interconnection and means for discharge; 'D. The expected impact of the water management plan on ground water recharge and normal ~round water surface · levels; ' E. The expectea impact ~f the 'water management plan on upstream and downstream surface flows; . The relationship of the water management plan to County Water Management District plans and policies. G. Information should include discussion of means to be employed to minimize surface pollutant flows into natural and man-made water bodies; siltation; accelerated eutrophication; bottom or bank erosion; excessive aquatic plant growth; and intrusion of salt water into fresh ground water areas. ., .~.~ 6. ~ros~on Review Element: It shall be tho responsibility of the developer to ~'~vise plans, programs and schemes whidh.wil], as much as possible eliminate erosion during construction of a,~y development in Collier County and in . their final form after completign of construction. Surface drninage designs and structures shall be erosion resistant through control or the direction, volume and velocities of surface waters. 1'~erevor possible, swales and ditch¢:s which promote natural growths such os grasses shall be included in the design in order that drainage waters may be impeded in their flow and percolation encouraged. These designs should include trash collection devices when handling street and parking drainage to trap solid waste an.d trash. Water course designs should.similarl'y control volumes and velocitie~ to prevent bottom and bank erosion. In Particular, changes of direction should be such as to guard against undercutting of banks. Where vegetation has been removed or has not been able to occur on surface areas such as in fill zones and developer shall indicate provisions to stabilize and control said surfacd areas so as to prevent wind erosion and the blowing of surface material through tho planting of grasse's, wind breaks, etc. should be discussed. Solid Waste Dispos.al Revi. ew E].epent: This element shall consist of infOrmation as to the 'n-~ture and volume of solid waste which will be generated by the proposed project upon completion of development, and tho means . wher. eby' the solid waste is to bo collected and disposed of. If waste disposal is to occur other than by a public or publicly franchised service organization, infor:.'lation shall be provided on the specific techniques, capacity, location, and operating characteristics of the disposal system to be employed. Potable Water Sup_p_ly and Sanitary Waste D~sposal Review ].:lemel~t: This element shall collsist of information on -ti{e means whereby, tile proposed project will be served with water and sewer services. In the event that either water or sewer is to b(~ provided other than via a public or publicly franchised service organization, specific information shall be provided re the proposed water supply source and treatment technique, and the. ,treatment process and effluent disposal method. 9. Streams and Water Bodies Review Element: In development, the natural course of streams and water bodies should not be altered; No effluent failing to ~eet current Federal-State water discharge standards may be introduced into streams and water bodies; No discharge into streams or water bodies from sanitary landfills should be permitted; Design of water bodies, particularly lakes, should include: (1) Border areas of natural ~egetation to trap and consume fertilizer, pesticide,, herbicide and fun- gicide run-off and should parallel the natural contours; (2) Lake design should ~onsider conformation, size, depth, bank slopes and water supplies to promote best lak~ management and maintenance. (3) creation of flowing bodies of water or altec'arian thereof shall be such a~ to prevent: (a) slltatib~! (b) accelerated eutrophication ~ (c) bottom or ban]: erosion; (d) excessive weed and aquatic plant growth; (e) salt water intrusion· 10. Flora-Fauna Review Element: The flora-fauna review element sllall inc-~de the .listing of all major identifiable terrestrial and aquatic plant and animal species inhabiting the project site along with a descriptiVe.summary of each species'.dependence and rolo'in the identifiable communities of the project site. Such summary shall include any communi'ties .which. are of a temporary duration such as migratory bird populations which inhabit the project site as seasonal f6eding grounds. Endangered · species or habitat types in the project site should ba clgarly identified an'd located. ' ' In the preparation of this element consideration sho%~ld be made to the following items 'regarding the preservation and conservation of trees and natural vegetation· A. Conservation along waterways and drainage sloughs to maintain natural banks and define drainage areas to 91iminate erosion and degradation of water quality. Conservation to prevent wind and water erosion in all areas. ,, Preserve unique and endangered species as well as historical sites and geological features. Conserve or de~elop grcenbelts for the purpose o~ screening residential and institutional areas from heavil~ t~ave~ed ~oads and other land use areas. Encourage developers to retain natural vegetation and trees on ihdividual parcels keeping for eventual owners the option of selective clearing. Give considdration to active and passive natural recreation areas. Ge Conserve for golf course grounds to provide water retention areas to reduce requirements for irrigation.' Cons·iv· for natural areas in cjuster housing developments. Pl~serve fragile'coastal barrio'rs;beach dunes and vegetation. " Preserve ·stearin· systems. The most useful general classification of plant and animal communities is one based on 9egetation zones (or-plant communit~s) and their assorted wildlife.. These . associations and their subdivisions are frequentl~ re- ferred to as biotic communities. ' A good suggested reference for completing this section is, "Everglades Wildguide, National Park Service, .U..S. Departed'·hr of' Interior, 1972, which may be obtained from the U.S. Printing Office, ~.;ashington, D.C., and "Frank C Craighead, Sr., ?The Trees of South Florida{_ . ~iversity of'~4iami Press, Coral Gables, Gl,. 1971. The following format $~ sugges~ed,.however, tho E.I.~. COMMUNITY professional coordinator may use any style or forbear which best represents the conditions of the particu- lar project site. GENERAL CHARACTERISTIC CHARACTERISTIC LOCAT I ON PLANTS WI LDLI F F, (List each major typical co~u~uni ty · found within site boundaries such as urban, rural, mangrove, wet prairie (saline), pineland (high, dry prairie, etc.)' (Give general lo- cation where each community is found within site boundaries) (.List each major plant species found within communi ty limits or site boundary by common name and latin name such as red mangrove (Rhizophora mangle) , cord grass . (Spartina sp, etc. ) animal, insect/ aquatic, and bird specie found within the community limits or site boundnry by common and' latin name such as alligator (alli- gator mississi- pienses), green tree frog (Hyla- .cin. ereq, et~. ) -- K. ' Rec°~m~undations for the preservation and conservation of trees and vegetation: (1) Supplementary planting to all the above conservation areas. (2) Transplant large specimen trees whe~ feasible. (3) Utilize native plant materials or pldnt adaptable. (4) Discourage planting or obnoxious trees and vegetation in sensitive regions. (5) Weed control resulting in destructiv~.impact. The following conditions shall be considered in the treatment of' the fauna portion of this review element: (1) Information on any animal, other than normal household pets, proposed to be established within tho project'area. The information shall describe the kind and number of animals, the purpose of their existence within the project, and the maintenance and management activities proposed for their use and care. (2) In subdivision development, planning should provide for natural habitat and cover for native fauna, particularly bird species, and careful attention should'be given to avoid creation of habitats for objectionable species. (3) In creation of lakes, stocking should be done in accord with Federal and State regulations with particular attention to avoiding intrO- duction of exotic and undesirable and danger- ous spedies. 11. Weather Review Element: Each E.I.S. shall in61ude'a brief review of the following minimum weather data available in the Planning Department office. Month'by month breakdown of precipitation and temperature including maxim~ monthly temperatures, minimum monthly tempergtures and mean monthly temperatures~ This may be based on the U'.S. W~ather Bureau record, or any other authoritative weather reporting service and should be based on the averages of the longest recorded reporting period, for which such can be obtained. (2) A history of extreme weather conditions such as freezes, periods of exceptionally high rainfall, prolonged droughts, frequency of hurricanes, freak tornados, etc. ~2. Archco!o~ical and Historical Resources Review Element: T]{e archeological and historical resources review element sha~l, include the identification of all Indian midden mounds and burial grounds found on the project site. 'It shall also include an identification of historic buildings, cemeteries, town sites, battles, etc. ' In the planning for a development program in Collier County, it shall be the responsibility of the developer in making his site inventory and analysis, to be.alert for indicators of unique geological formations and/or natural or artificial historical sites including, but not limited to, aboriginal ceremonial or burial mounds. Should a developer, person, or agency have cause to believe such a feature is located on his property, he shall avoid disturbing same and notify the C~llier County Historical Com~ission, with copies to this Council, the County ~anager, and the Chairman of the Board'of County Co~nissioners. Excepting ~.nstance involving historical features of such significance as to call for action by local, state, or federal agencies for excavation, study, · removal, or preservation, the plans of all Collier .County developers should be built'around recognition of and appropriate preservation of geographical, topographical and historical features. SECTION SIX: Environ%mental Impact Analysis Element: This element shall consist of' an overview assessment of the immediate and long term impact which the proposed project will have on the natural environment within which it is to be established. SECTION SEVEN: The County may require an additional data 6r infor~ation determined necessary in order to make a thorough and exact evaluation of the E.T.M. .... . - £ ,/ SECTION EIGHT: 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 tmformation of both the E.I.S. and D.R.I. SECTION NINE: Exemptions: 1. Agricultural uses in con~unction with the DreD,ration and/or use of the premises provided that such premises may not be converted to a non-agricultural use nor may such lands be considered for any type of rezoning petition for a period of three (3) years after the agricultural uses commence, or unless waived by the Board of County Commissioners. 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 and shall not violate Section Seven of this Ordinance. Single family or duplex use on any s~gle lot or parcel, p~ovided the alteration or development for such use does not violate Section Seven of this Ordinance. 3. Any area or parcel of land which is not in the opinion of the Director, an area of environmental sensitivity. Prior to making such finding, the Director shall inspect the site and determine, after consultation with the W~5\B and the FAC that: A. 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 th.c proposed use. B. The major flora and fauna regime has been altered or removed to such an extent as to preclude its reasonable regeneration or useful ecological purpose. An example would be in the case of an industrial park or a commerical development where most of the flora and fauna was removed prior to the passage of this Ordinance. C. The surface and/or natural drainage or rechange capacity of the project site has been paved or channelized, 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. D. Tho use and/or ~evelopment of the subject property will definitely improve and correct ecologic~rk deficiencies which resulted from use and/or development which took place prior to the passage of this Ordinance. An example would be wher~ tho developer proposes to reforest the area, provide additional open space, replace natural drainage for chaunelized drainage and reduce density. The use or development Will u~ilize existing buildings and s~rucLures and will not require any major alteration or modification of the existing land forms, drainage, or flora and fauna elements of the propcrty. All l~nds lying within all incorporated muni- cipalities in Collier Coun. ty. SECTION TEN: Appeals: 1. Appeal from the Decision of the Planning Director. Any person aggrieved by the decision df the Planning Director regarding Section .Nine , Paragraph (3), may file a written ~etition, not later than five (5) days afte~ said agreement, with the Environmental Advisory'Council. The Environmental Advisory Council, after review and subject to t],e conditions prescribed in Section Nine , Paragr~h (3), may uphold, rescind, or otherwise amend the decision of the Planning Director. 2. Appeal from Decision of the Environmental Advisory Council. Any person aggrieved by this Ordinance or any decision of the EnvJronmental Advisory Council in the applJ, cation of this Ordi))ance other than the Board of County Commissioners, may file a written request to tho Board of Coul%ty Commissioners not later than thirty. (30) days from the date whereon thc disputed decision shall have become fine3., which shall, at a public hearing, hear the complaints of such aggrieved person. Said public he~rJng shall be held within thirty (30) days of the date of filing of the hearing request. After a full and complete hearing of the compl~int~ of such aggrieved person, the Board of County Commissioners shall, within fifteen (15) days of said hearing, render its decision in writing affirm- ing, overruling, or ~odifyi~g the decision of the Environmental Advisory Council. SECTION ELEVEN: . Conflict, Severance and Constru~tion. In the event this Ordinance conflicts with 6thor applicable. law, the more restrictive shall apply. If any part of t~is Ordinance conflicts with any part, it shall be severed and the remainder shall have full force and effect and be liberallv construed. If any section, subsection, sentence~.clause, phrase or portion of this Ordinance is, for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and lade- .pendent 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 polic0 power of Collier County for the protection, of the public health, safety and welfare and therefore shall be libcYally construed to accomplish that purpose and implement the leGfslatiCe intent and declaration. SECTIO~.I TWELVE: Effective Date: . This Ordinance shall become effective upon receipt bf notice that it is filed with the Secr.~.tary of State. ATTEST: Mar. garet T: Scott, Cl~rk · 'J Deputy Clerk" :, .~.' ". ' · ,.~ ~:~...'.~,. ~.. '~,~' '~, f.. ,%' . BOARD OF COUNTY CO~MISSIUNERS. OF COLLIER COUNTY, FLORIDA Cligfo~rd Wenzel, ~airma~ Appr. oved as to form and 'legality: --DaVid Emerson Btu'net County Attorney