Sec. 2-1191. - Establishment.

There is hereby established an Environmental Advisory Council ("EAC"). The EAC obtains its jurisdiction, powers, and limits of authority from the BCC and shall act in an advisory capacity to the BCC in matters dealing with the regulation, control, management, use, or exploitation of any or all natural resources of or within the County, and the review and evaluation of specific zoning and development petitions and their impact on those resources.

(Ord. No. 2009-32, § 1)

Sec. 2-1192. - 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;

(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 that are directed to the EAC by County staff, the BCC, or the provisions of the LDC.

(Ord. No. 2009-32, § 1; Ord. No. 10-37, § 1)

Sec. 2-1193. - 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;

(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)

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)

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;

(l)

All preliminary subdivision plat and/or site development plan submissions for development or site alteration on 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)

Scope of land development project reviews. The EAC shall review the following:

(1)

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) zoning 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;

f.

Burrowing owls

(n)

Any petitioner may request a waiver of the EAC hearing requirement for amendments to CU 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 subsection (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.

(Ord. No. 2009-32, § 1; Ord. No. 10-37, § 2)

Sec. 2-1194. - Membership.

(a)

Appointment. Five regular members and 1 alternate member of the EAC shall be appointed by, and serve at the pleasure of, the BCC. The alternate member will be requested to attend meetings when regular members have notified staff that they will be absent. The alternate member will participate in discussions and vote when replacing a regular member. Appointment to the EAC shall be by resolution of the BCC and shall set forth the date of appointment and the term of office. Each appointment shall be for a term of 4 years. Terms shall be staggered so that no more than a minority of such members' appointments will expire in any one year.

(b)

Vacancies. Vacancies on the EAC shall be publicized in a publication of general circulation within the County, and vacancy notices shall be posted in the County libraries and County courthouse.

(c)

Qualifications. Members shall be permanent residents and electors of the County and should be reputable and active in community service. The primary consideration in appointing EAC members shall be to provide the BCC with technical expertise and other viewpoints that are necessary to effectively accomplish the EAC's purpose. In appointing members, the BCC should consider a membership guideline of 3 technical regular members and 2 non-technical regular members, and 1 technical alternate member. Technical members shall demonstrate evidence of expertise in 1 or more of the following areas related to environmental protection and natural resources management: air quality, biology (including any of the subdisciplines such as botany, ecology, zoology, etc.), coastal processes, estuarine processes, hazardous waste, hydrogeology, hydrology, hydraulics, land use law, land use planning, pollution control, solid waste, stormwater management, water resources, wildlife management, or other representative area deemed appropriate by the BCC.

(d)

Removal. Any member of the EAC may be removed from office by a majority vote of the BCC.

(e)

Officers. The officers of the EAC shall be a chairman and a vice-chairman. Officers' terms shall be for 1 year, with eligibility for reelection. The chairman and vice-chairman shall be elected by a majority vote at the organizational meeting and thereafter at the first regular meeting of the EAC in October of each year. The chairman shall preside at all meetings of the EAC. The vice-chairman shall perform the duties of the chairman in the absence or incapacity of the chairman. In case of removal, resignation, or death of the chairman, the vice-chairman shall perform such duties as are imposed on the chairman until such time as the EAC shall elect a new chairman. Should the offices of chairman and or vice-chairman become vacant, the EAC shall elect a successor from its membership at the next regular meeting. Such election shall be for the unexpired term of said office.

(Ord. No. 2009-32, § 1; Ord. No. 2009-36, § 1)

Sec. 2-1195. - Quorum and Voting.

A simple majority of the appointed members of the EAC shall constitute a quorum for the purpose of conducting business. An affirmative vote of 3 or more members shall be necessary in order to take official action, regardless of whether 3 or more members of the EAC are present at a meeting.

(Ord. No. 2009-32, § 1; Ord. No. 2009-36, § 2)

Sec. 2-1196. - Rules of Procedure.

(a)

The EAC shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a record of meetings, resolutions, findings, and determinations.

(b)

The following standing subcommittees comprised solely of the EAC's membership shall exist to advance the duties and responsibilities of the EAC:

(1)

Growth management. The EAC may establish other subcommittees comprised solely of its membership to facilitate its functions. Meetings of the subcommittees shall conform to the same public notice requirements as that of the EAC.

(Ord. No. 2009-32, § 1)

Sec. 2-1197. - Compensation.

Members of the EAC shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the BCC.

(Ord. No. 2009-32, § 1)

Sec. 2-1198. - Meetings.

Regular meetings of the EAC shall be held on the first Wednesday of each month at 9:00 a.m. or otherwise as determined by the County Manager or designee, in the BCC's meeting room, third floor, building "F," Collier County Government Complex, Naples, Florida. Special meetings of the EAC may be called by the chairman or by a majority of the membership.

(Ord. No. 2009-32, § 1)

Sec. 2-1199. - Evaluation of the EAC.

The EAC shall be reviewed for major accomplishments and whether it is serving the purpose for which it was created once every 4 years commencing with 2003 in accordance with the procedures contained in Collier County Ordinance No. 86-41, as amended.

(Ord. No. 2009-32, § 1)

Sec. 2-2000. - Appeal.

A.

Any person aggrieved by the decision of the County Manager or his designee regarding any petition for which environmental issues cannot be resolved between the applicant and staff in which there is no other avenue of appeal may file a written request for appeal, not later than 10 days after said decision, with the EAC. The EAC will notify the aggrieved person and the County Manager or his designee of the date, time and place that such appeal shall be heard; such notification will be given 21 days prior to the hearing unless all parties waive this requirement. The appeal will be heard by the EAC within 60 days of the submission of the appeal. No less than 10 days prior to the hearing the aggrieved person and staff shall submit to the EAC and to the County Manager or his designee copies of the data and information they intend to use in the appeal, and will also simultaneously exchange such data and information with each other. Upon conclusion of the hearing the EAC will submit to the Board of County Commissioners its 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 the County Manager or his designee in light of the recommendations of the EAC.

(Ord. No. 2009-32, § 1)

Sec. 2-2000.1 - Repeal of Ordinance.

Collier County hereby readopts Section 8.06.00 (Environmental Advisory Council) of the Collier County Land Development Code in its entirety, as a separate, stand-alone ordinance, as set out herein.

Concurrent with the effective date of this ordinance, Section 8.06.00 (Environmental Advisory Council) of the Collier County Land Development Code is hereby repealed in its entirety.

(Ord. No. 2009-32, §§ 1, 2)

Secs. 2-2000.2—2-2000.10. - Reserved.